Agenda packet — Ontario City Council, August 15, 2023 (part 1 of 3)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST 15, 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 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:

City Manager

GC 54957.6 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor; Unrepresented Employee: City Manager

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

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

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

ATTACHMENT:

20230815 Closed Session

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 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: APN: 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: APN: 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
Dr. Maribel Zacapa, Church of God of Prophecy

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

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

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

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

AGENDA REVIEW/ANNOUNCEMENTS

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

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

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.

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20230704 Minutes

ATTACHMENT:

20230718 Minutes

2. BILLS & PAYROLL

3. A MEMORANDUM OF UNDERSTANDING WITH THE INLAND EMPIRE UTILITIES AGENCY FOR

THE EUCLID AVENUE RECYCLED WATER PROJECT

ATTACHMENT:

Euclid Avenue Recycled Water Phase Map UT1072.pdf

4. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT WITH INFRASTRUCTURE

ENGINEERING CORPORATION FOR LAUREL AVENUE, SULTANA AVENUE, AND NOCTA

STREET SEWER SERVICE
IMPROVEMENTS (PROJECTS UT 1067, UT 1069, AND UT 1077)

ATTACHMENT:

Exhibit A.docx

ATTACHMENT:

Exhibit B.docx

ATTACHMENT:

Exhibit C.docx

5. A CHANGE ORDER TO THE ANNUAL CONTRACT WITH GENERAL PUMP COMPANY INC. FOR

ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND EMERGENCY WELL

REPAIRS

6. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM Minutes for the cancelled meetings of the City Council and Housing Authority of July 4, 2023, and regular meetings of the City Council and Housing Authority of July 18, 2023 approving same as on file in the Records Management Department.

Bills June 30, 2023 through July 27, 2023, and Payroll June 18, 2023 through July 15, 2023 when audited by the Finance Committee.

That the City Council approve and authorize the City Manager or designee to execute a Memorandum of Understanding (on ﬁle in the Records Management Department) by and between the City of Ontario and the Inland Empire Utilities Agency (IEUA) for the Euclid Avenue Recycled Water Project; and reimbursement of shared construction costs pursuant to the MOU for up to $910,000 plus a 15% contingency of $136,500 for a total not-to-exceed amount of $1,046,500.

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 16 to the On-Call Design Services Agreement (on ﬁle in the Record Management Department) with Infrastructure Engineering Corporation, of Irvine, California, for an increase to the existing Agreement by $110,044, for a total not-to-exceed amount of $3,040,240.

That the City Council approve and authorize the City Manager, or designee, to execute Change Order No. 5 to Contract No. 1819-01 (on ﬁle in the Records Management Department) with General Pump Company Inc., of San Dimas, California, for maintenance, rehabilitation, inspection and emergency well repairs for $21,550 and a term extension to June 30, 2024.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION COMPUTER

PROGRAMING SUPPORT SERVICES

7. PURCHASE OF WATER SYSTEM MATERIALS WITH UNITED WATER WORKS INC. AND WESTERN WATER WORKS SUPPLY CO.

8. PROCUREMENT OF SYNTHETIC TURF FIELD WITH FIELD TURF USA, INC. FOR DE ANZA PARK

9. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING INC. FOR TCC ACTIVE

TRANSPORTATION PROJECTS C & D
That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 5 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Freedom Automation Inc., of Oceanside, California, for the City’s Supervisory Control and Data Acquisition (SCADA) computer programming support services for $55,800 and a term extension to June 30, 2024.

That the City Council take the following actions:

A
.

Approve and authorize the City Manager, or designee, to execute the Goods and Equipment Purchase Agreement (on ﬁle in the Records Management Department) with United Water Works Inc., of Santa Ana, California, for waterworks material in the amount of $265,000 for Fiscal Year 2023-24, and authorize the cost of $265,000 with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,464,292, with an initial term of one (1) year, and authorize the option to extend the Agreement for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1659.

B
.

Approve and authorize the City Manager, or designee, to execute the Goods and Equipment Purchase Agreement (on ﬁle in the Records Management Department) with Western Water Works Supply Co., of Chino Hills, California, for waterworks material in the amount of $265,000 for Fiscal Year 2023-24, and authorize the cost of $265,000 with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,464,292, with an initial term of one (1) year, and authorize the option to extend the Agreement for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1659.

C
.

Authorize a total aggregate not-to-exceed amount of $2,928,584 with United Water Works Inc., and Western Water Works Supply Co.

That the City Council authorize the procurement of one synthetic turf ﬁeld from FieldTurf USA, Inc., of Calhoun, Georgia, consistent with the terms and conditions of the Sourcewell Cooperative Contract # 031622-FTU in the amount of $671,794.

That the City Council award a Construction Contract (on ﬁle in the Records Management Department) to CT&T Concrete Paving, Inc. of Diamond Bar, California, for the TCC Active Transportation Projects C & D (Project) in the amount of $1,694,688; and authorize the City Manager, or his designee to execute said contract and all related documents, and ﬁle a notice of completion at the conclusion of all construction activities.

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

10. QUIT CLAIM DEED WITH PROLOGIS, L.P. AND A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20537

ATTACHMENT:

Quit Claim and Parcel Map 20537^01^EXH^A.pdf

ATTACHMENT:

Quit Claim and Parcel Map 20537^02^EXH^B.pdf

ATTACHMENT:

Quit Claim and Parcel Map 20537^03^RESO^RM

11. A DESIGN SERVICES AGREEMENT WITH PBK ARCHITECTS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE FIRE STATION NO. 11 PROJECT

12. A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE INTEGRATED WASTE

WELDING SHOP CANOPY PROJECT
That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Quit Claim Deed to Prologis,
L.P.
, for fee title ownership of East Borba Street; and
B
.

Adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20537, located on the northeast corner of Grove Avenue and Merrill Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20537 LOCATED ON THE NORTHEAST CORNER GROVE AVENUE AND MERRILL AVENUE.

That the City Council take the following actions:

A
.

Approve and authorize the City Manager or his designee to execute Design Services Agreement No. D&C23-005 Fire Station No. 11 (on ﬁle with the Records Management Department) with PBK Architects, Inc., of Rancho Cucamonga, California, to provide architectural and engineering services for the design of the Fire Station No. 11 Project for a total not-to-exceed contract amount of $3,674,000; and B
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, reduction of retention accounts, and ﬁling of a notice of completion at the conclusion of all construction related activities.

That the City Council take the following actions:

A
.

Approve HZS Engineering and Construction’s bid withdrawal; B
.

Authorize the City Manager or his designee to approve the plans and speciﬁcations and award Contract No. D&C23-003 (on ﬁle with the Records Management Department) to Wakeco, Inc., of Temecula, California, for the construction of the Integrated Waste Welding Shop Canopy Project, in the amount of $250,000; C
.

Authorize a 10% contingency of $25,000 to address any unforeseen issues that may arise during construction; and
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

13. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND

ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE EASTERN LITTLE

LEAGUE LATIMER BASEBALL FIELD CONCESSION BUILDING AND BLEACHERS RENOVATION

PROJECT

14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC.

FOR THE IMPLEMENTATION OF ADDITIONAL INTEGRATED WASTE ROUTE OPTIMIZATION

SOFTWARE EQUIPMENT

15. AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH TRIJICON, INC.

16. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH VELOCITY TRUCK CENTERS AND RDO

EQUIPMENT COMPANY
D
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of completion at the conclusion of all construction related activities.

That the City Council authorize the City Manager or his designee to execute Amendment No. 16 to the Design Services Agreement (on ﬁle in the Records Management Department) with Robert Borders and Associates, of Costa Mesa, California, to provide on-call architectural design services for the Eastern Little League Latimer Baseball Field Concession Building and Bleachers Renovation Project in the amount of $96,768 for a total not-to-exceed contract amount of $570,166.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on ﬁle with the Records Management Department) with Routeware, Inc., of Portland, Oregon, for the implementation of additional Integrated Waste route optimization software equipment (video and camera) features with a one-time charge in the amount of $171,212 and monthly recurring cost of $7,204 for twelve months, for a total not-to-exceed contract amount of $398,264 for Fiscal Year 2023-24; and
B
.

Authorize the City Manager or his designee to extend the Agreement up to an additional one-year term at the City’s discretion for an amount not-to-exceed $1,120,992 over a three-year term, consistent with future budgets approved by the City Council.

That City Council authorize the City Manager or his designee to execute a one-time purchase of specialized Police equipment through Trijicon, Inc. for an amount not to exceed $187,660.

That the City Council take the following actions:

A
.

Authorize the cooperative purchase and delivery of the following vehicles from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 060920-ATC for a total amount not-to-exceed CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

17. AN AGREEMENT WITH GRANICUS, LLC., FOR THE PEAK AGENDA MANAGEMENT, RENTAL

ACTIVITY MONITORING, CLOUD COMMUNICATIONS, AND THE FREEDOM OF

INFORMATION ACT MODULES

18. ACCEPTANCE FOR GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2023-24 FOR THE AMOUNT OF $256,936.

19. AN AMENDMENT TO THE AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC., FOR $7,768,200:
1 .

Seven (7) Autocar front loading refuse trucks for the Integrated Waste Department in the amount of $2,947,000 plus a 20% contingency of $589,400 for a total amount not-to-exceed $3,536,400;
2 .

Six (6) Autocar side loading refuse trucks for the Integrated Waste Department in the amount of $2,490,000 plus a 20% contingency of $498,000 for a total amount not-to-exceed $2,988,000; and
3 .

Three (3) Autocar roll oﬀ refuse trucks for the Integrated Waste Department in the amount of $1,036,500 plus a 20% contingency of $207,300 for a total amount not- to-exceed $1,243,800.

B
.

Authorize the cooperative purchase and delivery of three (3) Battle Motors side loading refuse trucks for the Integrated Waste Department in the amount of $1,270,200 plus a 20% contingency of $254,040 for a total amount not-to-exceed of $1,524,240 from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 060920-CRN; and C
.

Authorize the cooperative purchase and delivery of the following equipment from RDO Equipment Company, of Riverside, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 011723- JDC for a total amount not-to- exceed $559,950:
1 .

Two (2) John Deere loader for the Parks and Maintenance Department in the amount of $293,396 plus a 20% contingency of $58,679, for a total amount not-to- exceed $352,075;
2 .

One (1) John Deere backhoe for the Utilities Department in the amount of $173,229 plus a 20% contingency of $34,646 for a total amount not-to-exceed $207,875.

That the City Council authorizes the City Manager or his designee to execute an Agreement (on ﬁle with the Records Management Department) with Granicus, LLC., of St. Paul, Minnesota, for the use of the Peak Agenda Management, Rental Activity Monitoring, Cloud Communications, and the Freedom of Information Act (FOIA) modules in the amount not-to-exceed $336,480 for three years.

City Council previously approved the Police Department application and acceptance of the CHP Cannabis Tax Fund Grant in the amount of $291,250, however the Department was not awarded the full asking amount. The amount awarded by the Grant Program is $256,936. We ask that City Council authorize the City Manager or his designee to execute all documents necessary to accept the 12-month grant in the amount of $256,936.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 911 DISPATCH SYSTEM

20. AMERICORPS STATE COMPETITVE CONTINUATION GRANT FOR 2023-24

21. AN ORDINANCE AMENDING CHAPTER 33 OF TITLE 5 OF VOLUME 1 TO THE ONTARIO

MUNICIPAL CODE, AMENDING THE PUBLIC ART PROGRAM, RENAMING THE PUBLIC ART

ADVISORY COMMITTEE TO THE PUBLIC ART ADVISORY COMMISSION, ADDING

REGULATIONS FOR PUBLIC ART FUNDED BY CITY FUNDS ON CITY PROJECTS, AND FINDING

THE ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

ATTACHMENT:

Public Art^ORD^RM

22. A RESOLUTION SETTING COMPENSATION FOR THE VOTING MEMBERS OF THE PUBLIC ART

ADVISORY COMMISSION

ATTACHMENT:

Public_Art_Commission_Compensation_01_RESO_RM

23. A PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-002) FOR A 0.79-ACRE PARCEL OF LAND

LOCATED AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D STREET That the City Council authorize the City Manager or his designee to execute an Amendment to the current Agreement (on ﬁle with the Records Management Department) with CentralSquare Technologies, LLC., of Lake Mary, Florida, to include the Rehosting Services for the Computer- Aided Dispatch (CAD), used by the Police and Fire Department in the amount not-to-exceed $742,765.

That the City Council authorize the City Manager or designee to execute grant documents and accept a $368,000 AmeriCorps Competitive Continuation Grant for October 2023 through September 2024 to fund the Ontario Promise Corps Project.

That the City Council consider and take action by adopting an Ordinance amending the Public Art Program, renaming the Public Art Advisory Committee to the Public Art Advisory Commission, adding regulations for public art funded by City funds on City projects, and finding the action exempt from CEQA.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, AMENDING THE

PUBLIC ART PROGRAM, RENAMING THE PUBLIC ART ADVISORY COMMITTEE TO THE PUBLIC

ART ADVISORY COMMISSION, ADDING REGULATIONS FOR PUBLIC ART FUNDED BY CITY FUNDS ON CITY PROJECTS AND FINDING THE ACTION EXEMPT FROM CEQA.

That the City Council adopt a Resolution setting the compensation amount for the voting members of the Public Art Advisory Commission.

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

COMPENSATION OF VOTING MEMBERS OF THE PUBLIC ART PROGRAM ADVISORY COMMISSION AND ARTIST SELECTION PANELS.

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

ATTACHMENT:

File No. PUD22-002^01 Laurel Ave Townhomes^ORD^RM

ATTACHMENT:

File No. PUD22-002^02 PUD ATTACH A

24. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-008)

BETWEEN THE CITY OF ONTARIO AND JH BRAY, LLC AND HCW LATHROP INVESTORS, LLC

ATTACHMENT:

File No. PDA21-008 JB Bray LLC & HCW Lathrop Investors LLC^01

EXHIBIT A & B

ATTACHMENT:

File No. PDA21-008 JB Bray LLC HCW Lathrop Investors LLC^02 ORD^RM

ATTACHMENT:

File No. PDA21-008 JB Bray LLC & HCH Lathrop Investors LLC^03 AGR

25. A REIMBURSEMENT AGREEMENT FOR SEWER IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, INC.

That the City Council consider and adopt an Ordinance approving File No. PUD22-002, the Laurel Avenue Townhomes Planned Unit Development, establishing development standards and design guidelines to facilitate a residential development located at the northeast corner of Laurel Avenue and D Street.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-002, A PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT AND PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 0.79-ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D STREET WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1048-354-12 AND 1048-354-13.

That the City Council consider and adopt an Ordinance approving a Development Agreement (File No. PDA21-008) between the City of Ontario and JH Bray, LLC and HCW Lathrop Investors, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDA21-008, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND JB BRAY, LLC,

AND HCW LATHROP INVESTORS, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20452 (FILE NO. PMTT21-017), A 19.1 ACRE PROPERTY LOCATED APPROXIMATELY 1,300 SOUTH OF THE INTERSECTION OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN THE PLANNING AREA 3 LAND USE DISTRICT OF THE WEST HAVEN SPECIFIC PLAN (FILE NO. PSP03-006), AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0218-151-10.

That the City Council adopt a Resolution approving a Reimbursement Agreement (Agreement) between the City of Ontario (City) and HDC Construction, Inc. (Developer), and authorize the City Manager or designee to execute the Agreement and all other documents required for implementation of the Agreement.

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

REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11

ATTACHMENT:

Ontario Reimbursement Agreement Bon View RESO^RM

ATTACHMENT:

Ontario and Bon View Reimbursement Agreement^Exhibit A^02

26. A COST SHARING AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT FOR

SCHOOL RESOURCE OFFICERS

27. APPROVAL OF A LOAN AGREEMENT BETWEEN CITY AND 221 N MOUNTAIN AVENUE LLC

28. AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF ALL CITY AND ONTARIO

HOUSING AUTHORITY-OWNED PROPERTIES

ATTACHMENT:

20230815 DOCBD Boundary Map ^ 01

29. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL

CONFERENCE GENERAL ASSEMBLY MEETING

INC, FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF VARIOUS PUBLIC IMPROVEMENTS

RELATING TO STORM DRAINAGE, SIDEWALKS, STREETS, AND PIPING, DRY UTILITIES, AND DOMESTIC WATER AND SEWER SERVICE ON OR NEAR PROPERTY LOCATED AT 902 EAST ONTARIO BOULEVARD.

That the City Council approve and authorize the City Manager or designee to execute a one- year Cost Sharing Agreement (on ﬁle in the Records Management Department) with the Chaﬀey Joint Union High School District for three School Resource Oﬃcers in the amount of $255,000.

That the City Council approve and authorize the City Manager to execute, and amend if needed, a Loan Agreement (on ﬁle in the Records Management Department) between the City and 221 N Mountain Avenue LLC as part of the Sewer Connection Fee Reimbursement Pilot Program in the amount of $296,400.

That the City Council authorize the City Manager or his designee to act on behalf of City and Ontario Housing Authority-owned properties on matters related to the reestablishment of the Downtown Ontario Community Benefit District.

That the City Council designate Council member Debra Dorst-Porada as the City's voting delegate and Mayor Paul Leon as an alternate for the League of California Cities Annual Conference General Assembly scheduled for September 22, 2023.

PUBLIC HEARINGS

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

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

30. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY TO ACQUIRE

BY EMINENT DOMAIN PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION

EASEMENT INTERESTS IN PORTIONS OF REAL PROPERTY FOR THE GROVE AVENUE AND

HOLT BOULEVARD INTERSECTION WIDENING PROJECT

ATTACHMENT:

Ontario Holt and Grove RESO^RM

ATTACHMENT:

Combined Exhibits_A thru N.pdf

31. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION BOULEVARD
That the City Council conduct a public hearing and:

A
.

Consider adopting a Resolution of Necessity for the Grove Avenue and Holt Boulevard Intersection Widening Project and provide each party with an interest in the aﬀected properties, their attorneys or representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity;
B
.

Make the following findings as hereinafter described in this report:
a
.

The public interest and necessity require the proposed project; b
.

The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
c
.

The real property to be acquired is necessary for the project; and d
.

The offers of just compensation have been made to the property owners; and C
.

Adopt a Resolution of Necessity declaring that the acquisition by eminent domain of permanent easement and temporary construction easement interests in portions of certain real property, more particularly described as Assessor Parcel Numbers 0110-061- 10, 0110-061-21, 0110-061-24, 0110-061-25, 0110-061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472-22, 1048-472-24, 1048-472-25, 1049-141-24, 1049-141-25, 1049- 141-30 and 1049-141-31 (collectively, the “Property”), is necessary for the construction of the Grove Avenue and Holt Boulevard Intersection Widening Project, in Ontario, California

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

TO ACQUIRE BY EMINENT DOMAIN PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION

EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY FOR THE GROVE AVENUE AND HOLT BOULEVARD INTERSECTION WIDENING PROJECT IN THE CITY OF ONTARIO.

That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 1522 West Mission Boulevard, more particularly described as Assessor Parcel No. 1011-221- 19 (the Property), is necessary for the City of Ontario's intermediate Continuum of Care - Access Center Project (the Project).

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

FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION BOULEVARD, ONTARIO, SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 1011-221- CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13

ATTACHMENT:

1522 Mission Blvd Exhibit 1 to Staff Rpt^01.pdf

ATTACHMENT:

1522 Mission Blvd Reso of Necessity^02 RESO^RM

ATTACHMENT:

1522 Mission Blvd Exhibit A to Reso of Necessity^03.pdf

32. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE

ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 325 NORTH MOUNTAIN AVENUE

ATTACHMENT:

325 Mountain Staff Report Exhibit 1^01.pdf

ATTACHMENT:

325 Mountain Reso of Necessity^02^RESO^RM

ATTACHMENT:

325 Mountain Exhibit A to Reso of Necessity ^03.pdf

33. A RESOLUTION TO ESTABLISH A FEE FOR CITY-OWNED ELECTRIC VEHICLE CHARGING

STATIONS

ATTACHMENT:

Setting Fee for EV Charging^RESO^RM

ATTACHMENT:

EXHIBIT A - EV Charging Locations.docx

34. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO VACATE TWO

EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY PURPOSES
19, FOR THE CONTINUUM OF CARE - ACCESS CENTER.

That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at 325 North Mountain Avenue, more particularly described as Assessor Parcel No. 1010-521-26 (the Property), is necessary for the development of Affordable Housing (the Project).

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

FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 325 NORTH MOUNTAIN AVENUE, IN ONTARIO, SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS APN: 1010-521-26, FOR AFFORDABLE HOUSING.

That the City Council adopt a Resolution to establish an electric vehicle charging rate for City- owned electric vehicle charging stations of $0.39/kWh per hour. Further, that the City Council adopt by that same Resolution a $1 per minute ﬁne, after a 30 minute grace period, for vehicles parked in electric vehicle charging stations when not actively charging.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING RESOLUTION 2023-043 A CITYWIDE FEE SCHEDULE, TO ADD A FEE FOR CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS.

That the City Council conduct a public hearing to consider adoption of a Resolution to vacate two easements for storm drain and public utility purposes located at the northeast corner of Mill Creek Avenue and Chino Avenue and on Mill Creek Avenue approximately 330 feet south of Chino Avenue.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 14

ATTACHMENT:

V-311 & 312^01 Exh A

ATTACHMENT:

V-311 & V-312^02^RESO^RM

ATTACHMENT:

V-311 & V-312^03 Exh A and B.pdf

35. AWARD A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF FIRE STATION NO. 1

36. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

ATTACHMENT:

AB 481 ORD^01^RM

ATTACHMENT:

20220419 Policy 708 Military Equipment

ATTACHMENT:

OPD 481 Draft V2.pdf

37. APPROVAL OF AMENDMENTS TO THE COMPENSATION AND BENEFIT PROFILES FOR

EXECUTIVE MANAGEMENT EMPLOYEES AND ADOPTION OF RESOLUTIONS REGARDING

SALARIES FOR APPOINTIVE EXECUTIVE POSITIONS

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

GENERAL VACATION OF TWO EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY PURPOSES

LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE AND ON MILL CREEK AVENUE APPROXIMATELY 330 FEET SOUTH OF CHINO AVENUE.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council take the following actions:

A
.

Hold a public hearing on the responsibility of the lowest bidder, Horizons Construction Company International, Inc. (Horizons), in light of Horizon's bid for D&C21-001 Fire Station No. 1;
B
.

Determine whether Horizons is a responsible bidder for this project; C
.

Authorize the City Manager to complete and execute Construction Contract D&C21-001 Fire Station No. 1 with the lowest responsible bidder for the construction of Fire Station No. 1;
D
.

Authorize a 15% contingency to address any unforeseen issues that may arise during the construction; and
E
.

Authorize the City Manager or his designee to execute all the 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 introduce and waive further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.

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

ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 15

ATTACHMENT:

Appointed Classifications Compensation^RESO^RM

ATTACHMENT:

Executive Management Compensation and Benefits Profile - DRAFT v5.pdf

38. MEMORANDUM OF UNDERSTANDING WITH RANCHO BASEBALL, LLC

ATTACHMENT:

MOU re Baseball Development and Proposed Lease-c1.docx

39. A DESIGN SERVICES AGREEMENT FOR THE ARCHITECTURAL AND ENGINEERING SERVICES WITH POPULOUS, INC. AND AN AMENDMENT TO THE ON-CALL PROJECT MANAGEMENT SERVICES WITH TILDEN-COIL CONSTRUCTORS, INC. FOR CONSTRUCTION MANAGEMENT

MULTI-PRIME SERVICES FOR THE ONTARIO MINOR LEAGUE BASEBALL STADIUM AND

PARKING STRUCTURE PROJECT
That the City Council approve and authorize the City Manager to execute amendments to the Compensation and Beneﬁt Proﬁles, regarding wages, hours and other terms and conditions of employment for unrepresented employees in the Executive Management employee group; adopt resolutions setting salaries for appointive executive positions; and authorize the City Manager to make non-substantive revisions which may be necessary to implement the profile.

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

THE SALARY RANGES FOR APPOINTIVE POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.

That the City Council Authorize the City Manager, or designee, to execute a binding Memorandum of Understanding Regarding Baseball Development and Proposed Lease with Rancho Baseball, LLC, and to negotiate a lease Agreement That the City Council take the following actions:

A
.

Approve and authorize the City Manager or his designee to execute the Design Services Agreement (on ﬁle in the Records Management Department) with Populous Inc., of Los Angeles, California, to provide architectural and engineering services for the Ontario Minor League Baseball Stadium and Parking Structure Project for a total not-to-exceed contract amount of $6,787,635; and
B
.

Approve and 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 Tilden-Coil Constructors, Inc., of Riverside, California, to provide construction management multi-prime services for the Ontario Minor League Baseball Stadium and Parking Structure Project for a total not-to-exceed contract amount of $3,539,000.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 16 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 1 of 5

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 15, 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 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS:

City Manager
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54957.6 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor; Unrepresented Employee: City Manager No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 18 2 of 5

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 15, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 19 3 of 5

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 15, 2023
(continued)
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: _________________________________________________________________ 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: _________________________________________________________________ 20 4 of 5

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 15, 2023
(continued)
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: _________________________________________________________________ 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: _________________________________________________________________ 21 5 of 5

CITY OF ONTARIO

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
22 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
JULY 4, 2023

JOINT MEETINGS
The Regular Joint Meetings of the Ontario City Council and the Ontario Housing Authority scheduled for July 4, 2023 were cancelled in observance of Independence Day.

Respectfully submitted,
___________________________________________________
CLAUDIA Y. ISBELL, MMC,

ASSISTANT CITY CLERK/SECRETARY

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

ONTARIO HOUSING AUTHORITY

MINUTES
JULY 18, 2023
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, July 18, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:32 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia
ABSENT: Mayor pro Tem/Vice Chair: Debra Dorst-Porada (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 all members present, with the exception of Mayor pro Tem Dorst-Porada at 5:33 p.m. for discussion of the following:
 GC 54957.6, CONFERENCE WITH LABOR NEGOTIATIONS: City Negotiator:

City Manager or his designees; Bargaining Units: Ontario Police Management Group and Ontario Fire Management Group.
 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; 24 Ontario City Council/Ontario Housing
Regular Meeting Minutes – July 18, 2023

Page 2 of 27 ends

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 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 1048-565-10; 203-205 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 205 N Euclid LLC; Under negotiation: Price and terms of payment.
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-564-04; 129-131 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Y&A Investment LLC; Under negotiation: Price and terms of payment.
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76; 2350-2630 East Inland Empire Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: IKEA Property Inc; Under negotiation: Price and terms of payment.

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:35 p.m. for the regular session.

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

INVOCATION
The invocation was led by Dr. Pastor Maribel Zacapa, Church of God of Prophecy 25 Ontario City Council/Ontario Housing
Regular Meeting Minutes – July 18, 2023

Page 3 of 27 ends

REPORT ON CLOSED SESSION
City Attorney Duran reported that Ontario Police Management Group (OPMG) and the City of Ontario reached a tentative agreement and stated the item needed a vote from the City Council to be added as an urgency item under Item No. 12. There were no other reportable actions.

Urgency Item
The City Council added a Memorandum of Understanding (MOU) with OPMG to Item No. 12 for consideration as part of the Consent Calendar.

MOTION: Moved by Council Member Wapner seconded by Council Member Bowman and carried by a unanimous vote 4-0, to add a MOU with OMPG to Item No. 12 of the Consent Calendar, with Mayor pro Tem Dorst-Porada absent.

SPECIAL CEREMONIES
PROCLAMATION OF JULY 2023 AS PARKS AND RECREATION MONTH The City Council proclaimed the month of July 2023 as Parks and Recreation Month in the City of Ontario.

Nicholas Gonzalez, Director of Recreation and Community Services provided background on the July 2023 Parks and Recreation Month proclamation and recognized the Parks and Recreation Commission outgoing student representative Monique Haro and alternate representative, Hannah Norton. Mr. Gonzalez also presented incoming student representative, Angel Huerta and alternate representative, Isabella Seibel.

Council Member Wapner recognized Arnold San Miguel, a longtime Southern California Affairs Governments Government Affairs Representative, for 34 years of service.

Mayor Leon recessed the meeting at 6:50 p.m. and reconvened at 6:54 p.m.

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

Matt Munson, regarding parking issues.

Loree Masonis, regarding a resolution calling for securing the border.

Mayor Leon called upon the first speaker:

Bill Goutermann, special thank you to staff for review of his parcel map.

Loree Masonis, regarding concerns of fentanyl use.

Gilbert LaMarque, commented on good work being done by the City.

Vyom Pramila, invited City Council to a local event.

Mario Huante, spoke on the State and United States Constitution. 26 Ontario City Council/Ontario Housing
Regular Meeting Minutes – July 18, 2023

Page 4 of 27 ends

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced the Ontario Fire Management Group MOU was added to Item No. 12 and the agenda was reposted in adherence with the 72 hour Brown Act requirements.

In addition, the City Manager announced updated exhibits to the Resolution being considered under agenda Item No. 9. The update reflected a revised and reduced amount for assessments now totaling $298,373.71 related to 588 parcels, which means that $298,322.15 for 393 parcels was collected since the public agenda was prepared.

CONSENT CALENDAR
Pulled Item: Item No. 25 pulled for a separate vote.

MOTION: Moved by Council Member Wapner seconded by Council Member Bowman and carried by a unanimous vote 4-0, to approve the Consent Calendar as presented, with the exception of Item No. 25, and with Mayor pro Tem Dorst-Porada absent.

1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of June 6, 2023, special meetings of the City Council and Housing Authority June 15, 2023, and regular meetings of the City Council and Housing Authority of June 20, 2023, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Bills June 2, 2023 through June 29, 2023 in the amount of $46,289,614.11, and Payroll May 21, 2023 through June 17, 2023 in the amount of $14,621,481.78, when audited by the Finance Committee.

3. RESOLUTIONS ESTABLISHING THE ANNUAL SPECIAL TAXES WITHIN

COMMUNITY FACILITIES DISTRICTS IN OLD MODEL COLONY AND
ONTARIO RANCH FOR FISCAL YEAR 2023-24
The City Council adopted Resolutions establishing the annual special taxes within City of Ontario Community Facilities Districts in Old Model Colony and Ontario Ranch for Fiscal Year 2023-24.

RESOLUTION NO. 2023-064 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 9 (EDENGLEN), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.
27 Ontario City Council/Ontario Housing
Regular Meeting Minutes – July 18, 2023

Page 5 of 27 ends

RESOLUTION NO. 2023-065 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO

AIRPORT TOWERS), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-066 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13 (CALIFORNIA COMMERCE CENTER - PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-067 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 19 (COUNTRYSIDE PHASE 1 - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-068 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 20 (WAL- MART), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-

24. RESOLUTION NO. 2023-069 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 21 (PARKSIDE), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-070 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 23 (PARK PLACE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-071 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 24 (PARK PLACE FACILITIES PHASE 1), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-072 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 25 (PARK PLACE FACILITIES PHASE II), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.
28 Ontario City Council/Ontario Housing
Regular Meeting Minutes – July 18, 2023

Page 6 of 27 ends

RESOLUTION NO. 2023-073 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 26 (PARK PLACE FACILITIES PHASE III), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-074 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 27 (NEW HAVEN SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-075 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 28 (NEW HAVEN FACILITIES - AREA A), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-076 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 30 (NEW HAVEN FACILITIES - AREA B), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-077 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 31 (CARRIAGE HOUSE/AMBERLY LANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-078 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 32 (ARCHIBALD/SCHAEFER - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-079 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 33 (ARCHIBALD/SCHAEFER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-080 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 34 (COUNTRYSIDE PHASE 1 NORTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24. 29 Ontario City Council/Ontario Housing
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RESOLUTION NO. 2023-081 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-082 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 37 (PARK & TURNER NE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-083 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 38 (PARK & TURNER NE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-084 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 39 (NEW HAVEN FACILITIES - AREA C), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-085 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 40 (EMERALD PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-086 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-087 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-088 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 43 (PARK PLACE FACILITIES PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.
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RESOLUTION NO. 2023-089 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 44 (ESPERANZA SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-090 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 45 (NORTHPARK AND COUNTRYSIDE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-091 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 46 (AVENUE 176 FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-092 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 47 (COLONY COMMERCE CENTER WEST I SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-093 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 48 (TEVELDE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-094 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 49 (AVENUE 176 SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-095 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 50 (WEST ONTARIO LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-096 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 51 (ONTARIO RANCH LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24. 31 Ontario City Council/Ontario Housing
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RESOLUTION NO. 2023-097 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 53 (TEVELDE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-098 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 54 (ESPERANZA FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-099 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-100 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-101 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 57 (NEUHOUSE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-102 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 58 (COLONY COMMERCE CENTER EAST SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-103 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-104 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 60 (ONTARIO RANCH BUSINESS PARK SERVICES), 32 Ontario City Council/Ontario Housing
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ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-105 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER SERVICES),
ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-106 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 62 (ONTARIO COMMERCE CENTER), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-107 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-108 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2023-24.

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR PROJECT NO. PDEV20-008 LOCATED AT

THE NORTHEAST CORNER OF HAVEN AVENUE AND AIRPORT DRIVE
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV20-008 located at the northeast corner of Haven Avenue and Airport Drive.

RESOLUTION NO. 2023-109 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR PROJECT NO. PDEV20- 008 LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND AIRPORT DRIVE.

5. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SECURITAS SECURITY SERVICES USA, INC.

The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with Securitas Security Services USA, Inc. (Securitas) of Ontario, California, to extend the current funding threshold and add additional work and funding to accommodate the acquisition of 33 Ontario City Council/Ontario Housing
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the Ontario Access Center, previously known as Mercy House, and additional security services at the City Annex building and University of La Verne during construction, for a total not-to-exceed contract amount of $8,691,522.

6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20161 LOCATED

AT THE NORTHEAST CORNER OF BON VIEW AVENUE AND MERRILL
AVENUE
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20161 located at the northeast corner of Bon View Avenue and Merrill Avenue.

RESOLUTION NO. 2023-110 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20161 LOCATED AT THE NORTHEAST CORNER OF BON VIEW AVENUE AND MERRILL AVENUE.

7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR PROJECT NO. PDEV22-001 LOCATED AT 13744 SOUTH HAMNER AVENUE
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-001 located at 13744 South Hamner Avenue.

RESOLUTION NO. 2023-111 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR PROJECT NO. PDEV22- 001 LOCATED AT 13744 SOUTH HAMNER AVENUE.

8. A CONSTRUCTION CONTRACT WITH AMERICAN ASPHALT SOUTH, INC.

FOR THE 2023 STREET MAINTENANCE SLURRY SEAL, CAPE SEAL & CDBG

PAVEMENT MANAGEMENT REHABILITATION PROJECT
The City Council awarded a Construction Contract with American Asphalt South, Inc., of Riverside, California, for the 2023 Street Maintenance Slurry Seal, Cape Seal & CDBG Pavement Rehabilitation Project in the amount of $2,036,130; and authorized the City Manager, or his designee, to execute said contract and all related documents, and file a notice of completion at the conclusion of all construction activities.

9. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE

SAN BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in 34 Ontario City Council/Ontario Housing
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abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.

RESOLUTION NO. 2023-112 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

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

10. A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT AND A

REIMBURSEMENT AGREEMENT WITH THE CITY OF JURUPA VALLEY FOR THE 2023 FALL PAVEMENT REHABILITATION PROJECT
The City Council took the following actions:

A. Awarded a construction contract with All American Asphalt of Corona, California, for the 2023 Fall Pavement Rehabilitation Project in the amount of $5,026,144;
B. Authorized the City Manager, or his designee, to execute said contract and all related documents;
C. File a notice of completion at the conclusion of all construction activities; and D. Authorized the City Manager, or his designee, to execute the 2023 Fall Pavement Rehabilitation Reimbursement Agreement with the City of Jurupa Valley estimated to be $930,840.

11. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

CLEAN ENERGY FOR MAINTENANCE OF THE COMPRESSED NATURAL

GAS FUELING STATION
The City Council approved and authorized the City Manager or his designee to execute Amendment No. 2 to the Maintenance Services Agreement with Clean Energy, of Newport Beach, California, in the amount of $150,000, increasing the not-to-exceed amount to $325,000; with the option to extend the Agreement for up to two (2) one-year periods, for maintenance and repairs of the City’s compressed natural gas (CNG) fueling station.

12. APPROVAL OF A FOUR-YEAR MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ONTARIO AND THE ONTARIO POLICE OFFICERS ASSOCIATION; A FOUR-YEAR MEMORANDUM OF UNDERSTANDING WITH TEAMSTERS LOCAL 1932; A FOUR-YEAR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF ONTARIO AND THE ONTARIO FIRE MANAGEMENT GROUP; APPROVAL OF ONE-TIME BONUSES FOR

EMPLOYEES IN THE ONTARIO POLICE OFFICERS ASSOCIATION, A

FOUR-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF 35 Ontario City Council/Ontario Housing
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ONTARIO AND THE ONTARIO POLICE MANAGEMENT GROUP AND
TEAMSTERS LOCAL 1932 EMPLOYEE GROUPS; APPROVAL OF REVISIONS

MADE TO THE COMPENSATION AND BENEFITS PROFILE FOR THE
DEPARTMENT HEAD GROUP; AND AUTHORIZE THE CITY MANAGER TO

MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY FOR IMPLEMENTATION.

The City Council approved the Memorandum of Understandings (MOUs) between the City of Ontario; and
A. Approved a four-year MOU regarding wages, hours, and other terms and conditions of employment with the Ontario Police O cers Association from July 1, 2023 through June 30, 2027;
B. Approved a four-year MOU regarding wages, hours, and other terms and conditions of employee with the Ontario Police Management Group from July 1, 2023 to June 30, 2027;
C. Approved a four-year MOU regarding wages, hours, and other terms and conditions of employment with Teamsters Local 1932 from July 1, 2023 to June 30, 2027;
D. Approved a four-year MOU regarding wages, hours, and other terms and conditions of employee with the Ontario Fire Management Group from July 1, 2023 to June 30, 2027;
E. Approved a one-time signing bonus of $2,000 for active employees represented by Teamsters Local 1932 e ective July 19, 2023. Approved a one-time signing bonus of $2,500 for active employees represented by Ontario Police Ocers Association eective July 19, 2023; F. Approved additional amendments to the previously approved Compensation and Benefits Profile for the Department Head Group effective July 1, 2023.

13. A RESOLUTION OF INTENT TO VACATE TWO EASEMENTS FOR STORM

DRAIN AND PUBLIC UTILITY PURPOSES
The City Council adopted a Resolution declaring the intent to vacate two easements for storm drain and public utility purposes located at the northeast corner of Mill Creek Avenue and Chino Avenue and on Mill Creek Avenue approximately 330 feet south of Chino Avenue and to set the date, time and place for a public hearing to consider the matter.

RESOLUTION NO. 2023-113 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE VACATION OF TWO

EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY PURPOSES

LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE AND ON MILL CREEK AVENUE APPROXIMATELY 330 FEET

SOUTH OF CHINO AVENUE AND TO SET THE DATE, TIME AND PLACE FOR A PUBLIC HEARING.
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14. A GOODS AND EQUIPMENT PURCHASE AGREEMENTS WITH ALL
AMERICAN ASPHALT AND VULCAN MATERIALS CO. FOR THE

PROCUREMENT OF ASPHALT MATERIALS
The City Council approved and authorized the procurement of asphalt materials by the City Manager or his designee, for a one-year period at the set pricing per Bid No.1625 with All American Asphalt of Corona, California, for a not-to-exceed contract amount of $965,970 and Vulcan Materials Co., of Irwindale, California, for a not-to-exceed amount of $55,000, for a total not-to-exceed contract amount of $1,020,970 for Fiscal Year 2023-24.

15. A LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH NATURES

IMAGE FOR THE MILL CREEK WETLANDS FACILITY
The City Council approved and authorized the City Manager or his designee to execute a one-year Maintenance Services Agreement with Natures Image, of Lake Forest, California, to provide landscape maintenance services for the Mill Creek Wetlands facility for a contract cost of $363,300 plus a 10% contingency of $36,330 for an authorized expenditure of $399,630; and authorized the City Manager or his designee to extend the Agreement for up to four additional one year periods with any required future amendments consistent with City Council approved budgets.

16. A RENEWAL AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC., FOR 911 DISPATCH SYSTEM
The City Council authorized the City Manager or his designee to execute a Solutions Agreement with CentralSquare Technologies, LLC., of Lake Mary, Florida, for the use of Computer-Aided Dispatch (CAD) and Records Management Systems (RMS), used by the Police and Fire Department in the amount not-to- exceed $642,065.

17. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH BCM GROUP, INC. FOR THE POLICE DEPARTMENT FLEET SHOP
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Change Order No. 4 to the Construction Contract with BCM Group, Inc., of Rancho Cucamonga, California, in the amount of $128,196 plus a contingency of $77,820 for a total amount not-to-exceed $206,016 for the Police Department Fleet Shop; and
B. Authorized the City Manager or his designee to execute said contract and authorize the filing of the notice of completion at the conclusion of all construction activities related to the project.
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18. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT

FOR RAILROAD PURPOSES
The City Council adopted a Resolution ordering the summary vacation of an easement for railroad purposes located south of Francis Street and west of Baker Avenue.

RESOLUTION NO. 2023-114 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF

AN EASEMENT FOR RAILROAD

19. A DESIGN SERVICES AGREEMENT WITH MARK THOMAS & COMPANY, INC.

FOR THE CAMPUS AVENUE AT-GRADE RAILWAY CROSSING SAFETY

IMPROVEMENTS
The City Council approved a Design Services Agreement with Mark Thomas & Company, Inc., of Irvine, California, to provide engineering design services for the Campus Avenue At-Grade Railway Crossing Safety Improvements in the amount of $449,734; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

20. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR

AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP

CONSTRUCTION SERVICES
The City Council took the following actions:

A. Rejected KNC Construction, Inc.'s bid protest against CT&T Concrete Paving, Inc. for ADA Concrete Ramp Construction Services; B. Authorized the City Manager or his designee to execute a one-year Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for ADA Concrete Ramp Construction Services for a total not-to- exceed contract amount of $175,000; and
C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, reductions of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

21. PURCHASE OF WATER METERS AND REPAIR PARTS FROM HYDROPRO

SOLUTIONS
The City Council approved and authorized the sole source purchase of new water meters and repair parts for a total not-to-exceed amount of $2,900,000 from HydroPro Solutions of Ontario, California, and authorized the City Manager or designee to execute a Goods and Equipment Agreement.
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22. AN AMENDMENT TO A MAINTENANCE SERVICE AGREEMENT WITH BAY

ALARM COMPANY FOR THE ONTARIO MUNICIPAL SERVICES CENTER FIRE

ALARM SYSTEM
The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 6 to the Maintenance Service Agreement (on file in the Records Management Department) with Bay Alarm Company, of Concord, California, for a total not-to-exceed amount of $96,590, for the fire alarm system upgrade, and a term to June 30, 2025.

23. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER) The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 61 (Merrill Commerce Center). Introduction and first reading took place at a regular meeting on June 20, 2023.

ORDINANCE NO. 3252 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).

24. AN ORDINANCE MODIFYING THE PROCESSING AND ADMINISTRATION FEE

FOR THE DEVELOPMENT IMPACT FEE (DIF) DEFERRAL PROGRAM
The City Council considered and adopted an Ordinance modifying the processing and administration fee for the Development Impact Fee (DIF) Deferral Program.

Introduction and first reading took place at a regular meeting on June 20, 2023.

ORDINANCE NO. 3253 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.

26. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA22-005) BETWEEN THE CITY OF ONTARIO AND RB ONTARIO LLC The City Council considered and adopted 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. Introduction and first reading took place at a regular meeting on June 20, 2023. 39 Ontario City Council/Ontario Housing
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ORDINANCE NO. 3255 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.

27. A LEASE AGREEMENT WITH MARK CHRISTOPHER AUTO CENTER The City Council authorized the City Manager or his designee to execute a Lease Agreement between the City and Mark Christopher Auto Center related to upgrades to their existing LED sign.

28. A MANAGEMENT AGREEMENT WITH GAKHAL GOLF MANAGEMENT LLC

FOR THE OPERATION OF WHISPERING LAKES GOLF COURSE
The City Council took the following actions:

A. Authorized the City Manager or designee to execute a five-year Management Agreement with Gakhal Golf Management LLC, DBA GGM, of Watsonville, California, for the management and operation of the Whispering Lakes Golf Course.

B. Authorized the extension of the agreement for one five-year term at the City's sole discretion.

29. STUDENT REPRESENTATIVE AND ALTERNATE APPOINTMENTS TO THE RECREATION & PARKS COMMISSION FOR FY 2023-24
The City Council confirmed Angel Huerta, Ontario resident and student at Sierra Vista High School as the Student Representative and Isabella Seibel, Ontario resident and student at Cha ey District Online High School as the Alternate Student Representative to the Recreation Parks Commission for the term set to expire on June 30, 2024.

30. TRANSFER OWNERSHIP OF A 2017 STARCRAFT SHUTTLE BUS FROM THE

WEST END YMCA TO THE CITY OF ONTARIO
The City Council approved the transfer of ownership for a 2017 Starcraft Shuttle Bus from the West End YMCA to the City of Ontario.

31. AN AMENDMENT TO THE PROFESSIONAL SERVICES AND EQUIPMENT PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE
40 Ontario City Council/Ontario Housing
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ACQUISITION OF ADDITIONAL POLICE DEPARTMENT FRONTLINE PATROL

EQUIPMENT
The City Council approved and authorized the City Manager or his designee to execute an amendment to the Professional Services and Equipment Purchase Agreement to increase the contracted dollar amount with Axon Enterprise, Inc., of Scottsdale, Arizona, for the purchase of an additional 30 user licenses for Axon body-worn cameras and 8 DJI Mini Pro Drones in the amount of $105,051 for the duration of the contract, for a total not-to-exceed contract amount of $9,359,811.

32. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS FOR LAND AND WATER CONSERVATION FUND 2023 FOR GEORGE

GIBBS PARK
That the City Council took the following actions:

A. Adopted a Resolution approving the filing of an application for grant funds through the Land and Water Conservation Fund 2023 for the George Gibbs Park development project; authorized the City Manager, or his designee, to execute any documents or agreements needed to complete the application and implement the grant; and
B. Accepted funding of $2,486,688 provided by the Land and Water Conservation Fund 2023.

RESOLUTION NO. 2023-115 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE APPLICATION FOR THE

LAND AND WATER CONSERVATION FUND GEORGE GIBBS PARK
DEVELOPMENT PROJECT.

33. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR FUNDS FOR AN OUTDOOR FITNESS COURT AT HOMER F. BRIGGS MEMORIAL PARK
The City Council took the following actions:

A. Adopted a Resolution approving the filing of an application for grant funds from the National Fitness Campaign for the purchase of an Outdoor Fitness Court at Homer F. Briggs Memorial Park;
B. Authorized the City Manager or designee to execute any documents or agreements needed to complete the application and implement the grant; and
C. Accepted the $30,000 funding provided by the National Fitness Campaign for an Outdoor Fitness Court.

RESOLUTION NO. 2023-116 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, TO ADOPT AND ALLOCATE FUNDS FOR AN 41 Ontario City Council/Ontario Housing
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OUTDOOR FITNESS COURT AS PART OF THE 2023 NATIONAL FITNESS CAMPAIGN.

34. AN AGREEMENT WITH WEST VALLEY MRF, LLC FOR SOLID WASTE

PROCESSING SERVICES
The City Council approved and authorized the City Manager or his designee to execute an Agreement for solid waste processing services subject to non- substantive changes as mutually agreed to by the parties with West Valley MRF, LLC (West Valley), a limited liability company duly formed and operating under the laws of the State of California and owned in whole or in part by Burrtec Waste Industries, Inc. (Burrtec), a California corporation duly formed and operating under the laws of the State of California.

ITEM NO. 25 PULLED FOR A SEPARATE VOTE

25. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA21-006) BETWEEN THE CITY OF ONTARIO AND EUCLID LAND
VENTURE 2 LLC
The City Council considered and adopted 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. Introduction and first reading took place at a regular meeting on June 20, 2023.

ORDINANCE NO. 3254 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.

PUBLIC COMMENT
Mitchell M. Tsai, one written comment in support of Item No. 25. 42 Ontario City Council/Ontario Housing
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Mayor Leon called on the first speaker:

Wyatt Stiles, spoke in favor of the item.

David Hanson, spoke in favor of the item.

Louie Lopez, spoke in favor of the item.

Robert Ramos, spoke in favor of the item.

Rafael Legido, spoke in favor of the item.

Mike Madrid, spoke in favor of the item.

MOTION: Moved by Council Member Wapner seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to adopt Ordinance No. 3254.

PUBLIC HEARINGS

35. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2023-24
The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:

A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and
C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.

RESOLUTION NO. 2023-117 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE 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.

RESOLUTION NO. 2023-118 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAMS AND

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

RESOLUTION NO. 2023-119 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY 43 Ontario City Council/Ontario Housing
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WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR FISCAL YEAR 2023-24.

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 Council Member Valencia and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to adopt Resolution Nos. 2023-117, 2023-118, 2023-119.

36. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2023-24.

The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2 and:

A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.

RESOLUTION NO. 2023-120 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS

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

RESOLUTION NO. 2023-121 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023-24.

RESOLUTION NO. 2023-122 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2023-24.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications. 44 Ontario City Council/Ontario Housing
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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 Valencia seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to adopt Resolution Nos. 2023-120, 2023-121, 2023-122.

37. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 33 OF TITLE 5 OF VOLUME I TO THE ONTARIO

MUNICIPAL CODE, AMENDING THE PUBLIC ART PROGRAM, RENAMING

THE PUBLIC ART ADVISORY COMMITTEE TO THE PUBLIC ART ADVISORY

COMMISSION, ADDING REGULATIONS FOR PUBLIC ART FUNDED BY CITY

FUNDS ON CITY PROJECTS, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council introduced and waived further reading of an Ordinance amending the public art program, renaming the Public Art Advisory Committee to the Public Art Advisory Commission, adding regulations for the public art funded by City funds on City projects, and finding the action exempt from CEQA.

ORDINANCE NO. 3256 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 33 OF TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, AMENDING

THE PUBLIC ART PROGRAM, RENAMING THE PUBLIC ART ADVISORY

COMMITTEE TO THE PUBLIC ART ADVISORY COMMISSION, ADDING

REGULATIONS FOR PUBLIC ART FUNDED BY CITY FUNDS ON CITY PROJECTS, AND FINDING THE ACTION EXEMPT FROM CEQA.

City Manager Ochoa stated staff requested the strike out of the last sentence of section 4(e), which reads “for public art projects tied to a city capital improvement project, the public art commission will make a recommendation to the city council regarding any proposed art or artworks.”
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were was no written communications.

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

MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to introduce Ordinance No. 3256.
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38. A PUBLIC HEARING TO CONSIDER FILE NO. PUD22-002, A PLANNED UNIT DEVELOPMENT FOR A 0.79-ACRE PARCEL OF LAND LOCATED AT THE

NORTHEAST CORNER OF LAUREL AVENUE AND D STREET
The City Council introduced and waived further reading of an Ordinance approving File No. PUD22-002, the Laurel Avenue Townhomes Planned Unit Development, establishing development standards and design guidelines to facilitate a residential development located at the northeast corner of Laurel Avenue and D Street.

ORDINANCE NO. 3257 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PUD22-002, A PLANNED UNIT DEVELOPMENT TO ESTABLISH

DEVELOPMENT AND PERFORMANCE STANDARDS AND DESIGN
GUIDELINES FOR 0.79-ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D STREET WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE)
ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS:
1048-354-12 AND 1048-354-13.

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 Valencia seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to introduce Ordinance No. 3257.

39. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-008)

BETWEEN THE CITY OF ONTARIO AND JH BRAY, LLC, AND HCW LATHROP

INVESTORS, LLC
The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA21-008) between the City of Ontario and JH Bray, LLC, and HCW Lathrop Investors, LLC.

ORDINANCE NO. 3258 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-008, A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND JB

BRAY, LLC, AND HCW LATHROP INVESTORS, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20452 (FILE NO. PMTT21-017), A 19.1 ACRE PROPERTY LOCATED
APPROXIMATELY 1,300 SOUTH OF THE INTERSECTION OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN THE PLANNING AREA 3 LAND USE 46 Ontario City Council/Ontario Housing
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DISTRICT OF THE WEST HAVEN SPECIFIC PLAN (FILE NO. PSP03-006), AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-151-10.

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 Council Member Valencia and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to introduce Ordinance No. 3258.

40. A PUBLIC HEARING TO CONSIDER AN AMENDMENT (FILE NO. PSPA21-004)

TO THE WEST HAVEN SPECIFIC PLAN, TO BRING THE SPECIFIC PLAN INTO

COMPLIANCE WITH THE ONTARIO PLAN POLICY PLAN (GENERAL PLAN)

LAND USE PLAN FOR PROPERTY BOUNDED BY RIVERSIDE DRIVE TO THE

NORTH, SCHAEFER AVENUE TO THE SOUTH, HAVEN AVENUE TO THE

EAST, AND TURNER AVENUE TO THE WEST
The City Council considered and adopted the following:

A. A Resolution approving an Addendum to the West Haven Specific Plan Environmental Impact Report (State Clearinghouse No. 200471095); and B. A Resolution approving an Amendment to the West Haven Specific Plan (File No. PSPA21-004) bringing the Specific Plan into conformance with the Policy Plan (General Plan).

RESOLUTION NO. 2023-123 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE WEST

HAVEN SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT, PURSUANT TO

THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO. PSPA21-004.

RESOLUTION NO. 2023-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA21-004, A SPECIFIC PLAN AMENDMENT FOR THE FOLLOWING CHANGES: [I]
DESIGNATE PLANNING AREA 1 WITH MEDIUM DENSITY RESIDENTIAL LAND USES CONSISTENT WITH THE ONTARIO PLAN 2050 (TOP) POLICY PLAN (GENERAL PLAN) LAND USE MAP; [II] INCREASE THE NUMBER OF ALLOWED UNITS WITHIN PLANNING AREA 1 FROM 173 DWELLING UNITS TO 451 DWELLING UNITS; [III] INCREASE THE PLANNING AREA 1 DENSITY RANGE FROM 6.07 DU/AC TO 15.08 DU/AC; [IV] REVISE THE ALLOWED LAND USES WITHIN PLANNING AREA 1 FROM DETACHED COURTYARD AND 4,000 SQUARE FOOT LOTS TO DETACHED COURTYARD AND ATTACHED HOMES; [V] DESIGNATE PLANNING AREA 3 WITH LOW MEDIUM DENSITY
47 Ontario City Council/Ontario Housing
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RESIDENTIAL LAND USES CONSISTENT WITH TOP 2050 POLICY PLAN LAND USE MAP; [VI] INCREASE THE NUMBER OF ALLOWED UNITS WITHIN PLANNING AREA 3 FROM 92 DWELLING UNITS TO 203 DWELLING UNITS; [VII] INCREASE THE PLANNING AREA 3 DENSITY RANGE FROM 4.57 DU/AC TO 10.1 DU/AC; [VIII] REVISE THE ALLOWED LAND USES WITHIN PLANNING AREA 3 FROM 4,950 SQUARE FOOT LOTS TO DETACHED AND ATTACHED HOMES; [IX] DECREASE THE PLANNING AREA 3 ACREAGE FROM 20.12 ACRES TO 19.17 ACRES; AND [X] VARIOUS CHANGES TO THE SPECIFIC

PLAN LAND USE MAP (PLANNING AREAS) DEVELOPMENT STANDARDS,

EXHIBITS, AND TEXT MODIFICATION, TO REFLECT THE PROPOSED LAND USE CHANGES TO BE CONSISTENT WITH THE ONTARIO PLAN 2050 POLICY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0218-151-48 AND 0218-151-10.

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.

Steve Bjellano, not present
Sage McCleve, spoke in support of the item.

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

MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Mayor pro Tem Dorst-Porada absent, to adopt Resolution Nos. 2023-123 and 2023-124.

41. A PUBLIC HEARING TO CONSIDER A RESOLUTION RELATED TO THE

RATES FOR WATER, SEWER, AND SOLID WASTE SERVICES
The City Council conducted a public hearing to consider all written protests against the proposed increases in the rates for water, sewer, and solid waste services in accordance with California Constitution, Article XIII D, Section 6(a), and consider and approve a resolution related to the rates for water, sewer, and solid waste services.

RESOLUTION NO. 2023-125 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING INCREASES OR

MODIFICATIONS TO THE RATES FOR ITS WATER, SEWER, AND SOLID WASTE SERVICE CHARGES.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were 28 written communications. 48 Ontario City Council/Ontario Housing
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City Attorney Duran announced this public hearing was set in compliance with Prop 218 requirements. The City mailed a notice of the public hearing to the record owners of the properties subject to the imposition of the rate increases and to tenants and customers who are not property owners. The date and time of the public hearing was not less than 45 days after the City mailed the public hearing notice. The purpose of the hearing was for the City Council to hear all oral testimonies and consider all written protests and to determine whether there is a majority protest against the proposed water rate increases.

Written protests were submitted during the public hearing and Mr. Duran noted oral comments were not counted as formal written protests.

Mayor Leon described the procedure for the hearing, then opened the public hearing.

Guy Roubian, spoke in opposition of the increased rates and expressed concern over how the rates were calculated.

Chris Robles, spoke in opposition to the increased rates and expressed concern over the process.

Pamela Bennett, spoke in opposition to the proposed increased rates.

Lee Howard, spoke in opposition to proposed increased rates.

Sean McBurney, spoke in opposition to proposed increased rates.

Jesse Fonseca, not present.

Mayor Leon called upon Utilities General Manager, Scott Burton for a presentation.

After the presentation, City Council discussed the matter. The Mayor inquired if there was anyone else wishing to speak on the matter.

Karen May, spoke on the process.

Ted Burnett, spoke in opposition of proposed increased rates.

Mayor Leon then closed the public hearing and asked the City Manager to provide further clarification. City Manager Ochoa provided clarification regarding the cost allocation plan and Council discussed the matter. Mayor Leon then called upon the City Clerk to announce the results of the written protests.

City Clerk Mautz announced that prior to the close of the public hearing, staff received a total of 15 written protest letters regarding the water rates. A majority protest did not exist for the proposed water rates. Prior to the close of the public hearing, staff received a total of 15 written protest letters regarding the sewer rates. A majority protest did not exist for the proposed sewer rates. Prior to the close of the public hearing, staff received a total of 13 written protest letters regarding the solid waste rates. A majority protest did not exist for the proposed solid waste rates.

MOTION: Moved by Council Member Wapner seconded by Council Member Bowman and carried by a 3-1 vote, with Council Member Valencia opposed and Mayor pro Tem Dorst-Porada absent, to adopt Resolution No. 2023-125. 49 Ontario City Council/Ontario Housing
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STAFF MATTERS
City Manager Ochoa made no comments.

COUNCIL MATTERS
Mayor Leon recognized D’Andre Lampkin and his contributions to the community and commended him for being recognized as Officer of the Year by the American Legion.

Council Member Valencia made no comments.

Council Member Bowman made no comments.

Council Member Wapner spoke on the need for more Electric Vehicle chargers in the City.

Mayor Leon announced upcoming community events.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:30 p.m. and announced the next regular meeting on August 1, 2023, was cancelled due to National Night Out, the next regular meeting was scheduled for August 15, 2023.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
50 Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

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

A MEMORANDUM OF UNDERSTANDING WITH THE INLAND EMPIRE UTILITIES

AGENCY FOR THE EUCLID AVENUE RECYCLED WATER PROJECT

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Capital Improvement Program Budget includes appropriations for the Water Capital Fund for any potential shared construction costs. There is no impact to the General Fund.

The MOU provides a framework for the potential to share the construction costs associated with a shared pipeline trench. If it is determined that a shared trench will be required, the City will be responsible for 50% of all construction costs estimated at $910,000, plus a 15% contingency of $136,500 for a total not-to-exceed amount of $1,046,500 associated with the installation of the City's recycled water main.

BACKGROUND & ANALYSIS:

IEUA operates the Non-Reclaimable Wastewater System (NRWS) which traverses through the City and conveys industrial wastewater outside of the Chino Basin for treatment and disposal. A portion of the NRWS consists of dual 12-inch diameter force mains along Philadelphia Street between Vineyard Avenue and Bon View Avenue. IEUA is planning on replacing the force mains as part of their capital replacement program. Ontario’s future Euclid Recycled Water Project is also currently under design with source water coming from either Philadelphia Street at Baker Avenue or Riverside Drive at IEUA’s RP-1 Facility.

51 Due to numerous underground pipes in Philadelphia Street, the portion of the IEUA force mains in Philadelphia Street may potentially conﬂict with Ontario's future recycled water project which will bring recycled water to the Euclid Avenue corridor. To accommodate both projects in the Philadelphia Street alignment, a joint trench may be required for construction. The MOU speciﬁes cost sharing provisions in the event a joint trench is determined to be needed on Philadelphia Street. In addition, portions of the old IEUA force main may need to be removed instead of abandoned in place to accommodate other potential future projects. The MOU also provides for provisions for IEUA to remove and/or fund the removal of any abandoned IEUA force main segments potentially in conflict with any future City projects in Philadelphia Street. 52 INLAND EMPIRE BL
I-10 W/B ONRAMP
OMUC CONTRACT NO. UT 1072 EUCLID AVE. RECYCLED WATER IMPROVEMENTS 4 S:\OMUC\40000 ENGINEERING\42000 CIP\Active Projects\UT1072 Euclid et al. RW Improv Phase 2\Map Agenda\RW Euclid PHASE MAP UPDATED.mxd FIGURE 1
Civic Center
South Bon View Park
Riverside Dr
Euclid Ave
Sultana Ave
60 Fwy
Bon View Ave
Cucamonga Ave
Philadelphia St
Francis St
Oaks Ave
Cypress Ave
Mission Blvd
Holt Blvd
D St
4th St
Centennial Park
Homer
Briggs Park
De Anza
Park
Cypress Park
Bon View Park
James Bryant Park
Legend
24 Inch Main
16 Inch Main
12 Inch Main
8 Inch Main
Median Irrigation
to RW
Campus Ave
C St
Euclid Median
Kimball Park
Del Rancho
Park
Mountain Ave
IEUA
RP-1
Baker Ave
53 Department: Utilities
Prepared By: Jonathan Yang
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

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

AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT WITH

INFRASTRUCTURE ENGINEERING CORPORATION FOR LAUREL AVENUE, SULTANA

AVENUE, AND NOCTA STREET SEWER SERVICE

IMPROVEMENTS (PROJECTS UT
1067, UT 1069, AND UT 1077)

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Proposed Amendment No. 16 to Infrastructure Engineering Corporation will increase the existing Agreement by $110,044 for a total revised Agreement not-to-exceed amount of $3,040,240. The Fiscal Year 2023-24 Capital Improvement Program includes appropriations from the Sewer Capital Fund for these services. The City and Infrastructure Engineering Corporation have agreed to ﬁxed billing rates and they will be compensated for completion of the scope of work at approved billing rates. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

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

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

In May of 2019, the City Council awarded on-call design services to Infrastructure Engineering Corporation and two other consultants. Infrastructure Engineering Corporation and the other consultants were selected using a qualiﬁcation-based selection process. The Agreements were awarded as three-year agreements with two (2) additional one (1) year periods consistent with City Council approved budgets. As projects arise, Staﬀ will request proposals from the consultants and 54 amend the original Agreement with revised scopes of work and costs.

In November of 2022, Infrastructure Engineering Corporation was tasked to prepare construction documents including design for the sewer mains on Laurel Avenue, Sultana Avenue, and Nocta Street. The design of the Laurel Avenue sewer main consists of 2,840 linear feet of 10” sewer main in Laurel Avenue and in G Street from Laurel Avenue to Euclid Avenue. This will divert ﬂows north of G Street from the existing aged sewer main constructed in 1895 within the alley to the new Laurel Avenue sewer main. Design of the Sultana Avenue sewer main consist of 1,470 linear feet of 10” sewer main in Cherry Avenue, in D Street from Cherry Avenue to Sultana Avenue and in Sultana Avenue from D Street
to B Street. This will divert ﬂows north of D Street from Cherry Avenue to the new Sultana Avenue sewer main. Design of the Nocta Street sewer main consists of 1,540 linear feet of 8” sewer main in Nocta Street and Allyn Avenue from Nocta Street to Holt Boulevard. This will divert ﬂows that go through residential properties into Nocta Street. The construction documents will accommodate the full build-out capacity for the planned land uses that will be developed and reduce the possibility of sewer overﬂows. These design projects are currently past 30% completion.

Due to the limited records and complexity of the downtown area along Laurel Avenue, Infrastructure Engineering Corporation has recommended adding additional utility potholing in order to verify the horizontal and vertical positioning of existing critical utilities along the sewer diversion alignment (see Exhibit A). The proposed additional scope will assist in preparing construction documents and minimize potential damage to existing utilities.

The Sultana Avenue Strom Drain project is also currently under design. A portion of the Sultana Avenue Sewer and Sultana Avenue Storm Drain will be constructed in the same segment of Sultana Avenue, between D Street and B Street. In order to mitigate scheduling and design conﬂicts, Staﬀ has solicited a proposal from Infrastructure Engineering Corporation to include additional sewer design from Sultana Avenue extending north of D Street (see Exhibit B). This will allow for accommodation of both the storm drain and sewer alignment within the Sultana Avenue right-of- way.

Furthermore, the City has purchased property at the north east intersection of Allyn Avenue and Holt Boulevard for redevelopment purposes. To relocate existing sewer laterals outside of the redevelopment areas, Staﬀ has solicited a proposal from Infrastructure Engineering Corporation to include realignment of various sewer laterals within private properties. This includes 4 private sewer laterals on Nocta Street to ﬂow north to the new sewer main in Nocta Street, O’Rilley Auto Parts sewer lateral to connect to the new main in Allyn Avenue, and a new sewer lateral for future connection for the Mobile Home Park at the intersection of Allyn Avenue and Nocta Street (see Exhibit C). This project will work in tandem with the existing Nocta Street Sewer Main Improvements that was awarded in November 2022. The scope will include utility research, preliminary engineering, design, development of a construction bid package and bid support services.

Staﬀ is recommending approval of Amendment No. 16 to Infrastructure Engineering Corporation On-Call Design Services Agreement based upon Infrastructure Engineering Corporation’s qualifications, familiarity with the Project and performance in preparing previous design and contract documents. 55 Transit St.

OMUC CONTRACT NO. UT1067

CITY OF ONTARIO

LAUREL AVENUE SEWER MAIN

IMPROVEMENTS
G St.

F St.

Flora St.

E St.

D St.

C St.

Vesta St.

Holt Blvd.

B St.
®
Emporia St.

Legend
New Sewer Main
Additional Potholes
Main St. EXHIBIT"A" 56
57 Nocta St.

Allyn Ave.

New Sewer Main
58 Department: Utilities
Prepared By: Chris Bonadurer
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

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

A CHANGE ORDER TO THE ANNUAL CONTRACT WITH GENERAL PUMP COMPANY INC. FOR ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND

EMERGENCY WELL REPAIRS

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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 on-call maintenance, rehabilitation, inspection, and emergency well repairs. The cost for Fiscal Year 2023-24 amounts to $21,550 and does not increase the total not-to-exceed amount of $3,650,000 previously approved by City Council.

BACKGROUND & ANALYSIS:

The City’s water system utilizes twenty (20) groundwater wells and six (6) booster stations with motors ranging in size up to 800 horsepower, and pumps capable of producing up to 3,500 gallons per minute. These facilities are critical to the City’s water supply and need to be rehabilitated periodically to ensure reliable operation and extend the useful life of the capital investment. In addition, this work keeps the facilities energy eﬃcient resulting in lower energy usage, which is one of the largest operating costs for the City’s water system.

Recently, General Pump Company Inc., completed an alignment survey to pinpoint possible causes of pump failure at Well 41. The assessment was completed and ﬁndings require installation of a new pump. Due to supply-chain issues, lead times for a new pump are six months. As a result of extended lead times for a new pump, work was unable to be completed by June 30, 2023, and work to prepare the well and install the new pump is on-going.

59 In July of 2018, the City Council approved the original Contract to General Pump Company Inc., after a formal bid process. The original term was from July 17, 2018, to June 30, 2019, with the option to extend the term of the Contract for four (4) successive one (1) year periods. The City has exercised the four (4) successive (1) year periods.

Proposed Change Order No. 5 will provide continuity in providing eﬀective on-call maintenance, rehabilitation, inspection, and emergency well repair services to the City. An extension of one (1) successive one (1) year period is recommended. This ﬁrm has continuously provided the City with on-call maintenance, rehabilitation, inspection, and emergency well repairs, and has an excellent performance record.
60 Department: Utilities
Prepared By: Chris Bonadurer
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION

COMPUTER PROGRAMING SUPPORT SERVICES

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 5 to the Professional Services Agreement (on ﬁle in the Records Management Department) with Freedom Automation Inc., of Oceanside, California, for the City’s Supervisory Control and Data Acquisition (SCADA) computer programming support services for $55,800 and a term extension to June 30, 2024.

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 these computer support services. The cost for Fiscal Year 2023-24 amounts to $55,800 and does not increase the total not-to-exceed amount of $750,000 previously approved by City Council.

BACKGROUND & ANALYSIS:

The City utilizes a SCADA computer system to monitor and control twenty (20) water production wells, seven (7) water reservoirs, six (6) booster stations, two (2) water treatment plants, four (4) sewer lift stations, and eighteen (18) pressure reducing (PR) stations. The Agreement encompasses programing services associated with several maintenance, operational, and management projects for water and sewer, such as the ethernet radio network upgrade, programmable logic controller & hardware updates, and PR station and treatment plant programming. SCADA programming services are critical to the operation of the City’s water infrastructure.

Final programming, testing, and communications are required for Capital Improvement Projects at Well sites 37, 39, and 43, which recently had new construction work performed. Due to material delays, extension to the project timelines were required and work was unable to be completed in Fiscal Year 2022-23.
61 In July of 2018, the City Council approved the original Agreement with Freedom Automation Inc., after a formal bid process. The original term was from July 1, 2018, to June 30, 2019, with the option to extend the term of the Agreement for four (4) successive one (1) year periods. The City has exercised the four (4) successive (1) year periods. Proposed Amendment No. 5 will provide continuity in providing eﬀective and eﬃcient computer support services to the City by providing an extension of one (1) successive one (1) year period to allow for completion of the work associated with the Well sites 37, 39 and 43.

Freedom Automation Inc., has been providing the City’s SCADA computer programming support services, they have extensive knowledge in the operation of the City’s water and sewer control systems, and have an excellent performance record.
62 Department: Utilities
Prepared By: Andy Marquez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

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

PURCHASE OF WATER SYSTEM MATERIALS WITH UNITED WATER WORKS INC.

AND WESTERN WATER WORKS SUPPLY CO.

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

C
.

Authorize a total aggregate not-to-exceed amount of $2,928,584 with United Water Works Inc., and Western Water Works Supply Co.

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 in the Water Operating Fund to cover the cost of parts and supplies required for water system maintenance and repairs.

The total cost for the recommended action is $2,928,584. The original term of the Agreements will 63 be from August 15, 2023, to June 30, 2024. At the City’s discretion, up to four (4) additional one (1) year extensions may be executed. Pricing for each year will be negotiated and any increases will not exceed 5% per year. Actual expenses will be based on parts ordered and material billing rates in the bid pricing. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s water distribution system contains over 620 miles of pipelines and appurtenances that the City maintains. This action will provide the materials for planned maintenance and emergency repairs due to sudden and unexpected system failures. The bid establishes pricing for speciﬁc parts and supplies needed to maintain and repair the water system.

In May 2023, the City solicited bids based on estimated quantities of the most common parts and materials used. On June 1, 2023, bids were received through the City's electronic bid management system in response to Bid No. 1659.

Companies that submitted bids are as follows:

Vendor Name
Location
Amount
United Water Works Inc.

Santa Ana
$737,228,59
Western Water Works Supply
Co.

Chino Hills
$867,466.01
Ferguson Waterworks
Riverside
$978,998.94
S & J SUPPLY CO. INC
Santa Fe Springs
$853,323.64
Core and Main
Perris
$837,380.57
Dangelo Co
La Habra
$743,581.27

Staﬀ reviewed the bids for responsiveness and pricing criteria. Based on the proposed unit pricing and estimated quantities of the most often used items, Staﬀ recommends awarding the bid to United Water Works Inc., and Western Water Works Supply Co. By awarding to the two (2) suppliers, the City can obtain lowest per-unit pricing and better ensure the availability of items for emergency repairs to the City’s water system.
64 Department: Public Works
Prepared By: Philip Marino
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: 8
SUBJECT:

PROCUREMENT OF SYNTHETIC TURF FIELD WITH FIELD TURF USA, INC. FOR DE

ANZA PARK

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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 Capital Projects-Measure Q Fund for the purchase of the synthetic turf ﬁeld and related materials for upgrading the soccer ﬁeld to synthetic turf at De Anza Park. The total cost of the synthetic turf recommended for purchase is $671,794, funded by Measure Q.

BACKGROUND & ANALYSIS:

The project will enhance recreational use at De Anza Park soccer ﬁeld by providing year-round playability for the community. By converting to synthetic turf, we will see annual savings of $17,900 in water and maintenance costs. In addition to cost savings, 2,475,000 gallons of potable water will be saved annually which will assist with our water conservation eﬀorts.

The project includes the purchase of synthetic turf material, inﬁll mix, grooming equipment, and 10 years of professional maintenance services.

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

Sourcewell Cooperative Contract # 031622-FTU meets the provisions of the Government Code. This contract provides for the purchasing and warranty of sports surfaces, installation, and related materials.
65 Department: Engineering
Prepared By: Nathan Kuan
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING INC. FOR TCC

ACTIVE TRANSPORTATION PROJECTS C & D

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The total recommended expenditure authorization for CT&T Concrete Paving, Inc. consists of $1,540,626 plus a ten percent (10%) contingency of $154,062 for a total of $1,694,688.

The Fiscal Year 2023-24 Adopted Budget appropriated funds for the construction of the Project in the amount of $998,646 from Transformative Climate Communities (TCC) grant funds and Road Maintenance and Rehabilitation Account (RMRA-SB1). The Fiscal Year 2023-24 Adopted Budget also appropriated funds for professional services and construction related to other Transformative Climate Communities (TCC) grant funded projects in the amount of $1,161,367 from RMRA-SB1 funds. An additional appropriation of $696,042 is needed to cover construction of the Project. Upon approval, the additional appropriations from RMRA-SB1 will be included in the Fiscal Year 2023-24 Mid-Year Budget Update.

BACKGROUND & ANALYSIS:

The general scope of work for the Project consists of the construction of missing sidewalk segments, handicap ramps, and streetlights on Nocta Street east of Grove Avenue and Bon View Avenue south of Sunkist Street. It also consists of the installation of custom brick shelters with Variable Message Signs, adding Variable Message Signs to existing custom brick shelters, preparing site with concrete pads for new Premium Shelters, Green Shelters, and bus benches that will be installed by Omnitrans, and preparing site with concrete pad for the relocation 66 of existing Green Shelters.

In June 2023, the City solicited bids for the project and two bids were received. The following is a summary of the bid results:

COMPANY LOCATION AMOUNT CT&T Concrete Paving, Inc. Diamond Bar, CA $1,540,625.68 All American Asphalt Corona, CA $2,341,243.00

CT&T Concrete Paving, Inc. provided all the required documents in their bid package and Staﬀ recommends that the City Council award a Construction Contract to CT&T Concrete Paving, Inc., the lowest responsible bidder.

ENVIRONMENTAL REVIEW:

The environmental impacts of this project were previously reviewed as part of the TCC grant and it was determined that the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities). City Staﬀ ﬁled a Notice of Exemption (NOD) in November 2017, as the project consists of “minor modifications to existing facilities". 67 Department: Engineering
Prepared By: Miguel Sotomayor
Staff Member Presenting:

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

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

QUIT CLAIM DEED WITH PROLOGIS, L.P. AND A RESOLUTION APPROVING AN

IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20537

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Quit Claim Deed to Prologis, L.P.
, for
fee title ownership of East Borba Street; and
B
.

Adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20537, located on the northeast corner of Grove Avenue and Merrill Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

Final Tract Map No. 20537, consisting of 3 numbered lots and 1 lettered lot on approximately 121 acres of land (see Exhibit A), has been submitted by the developer, Prologis, L.P., a Delaware Limited Partnership. Tentative Parcel Map No. 20537 was approved by the Planning Commission on May 24, 2022.

As a clean up item, the City will quit claim East Borba Street that was dedicated by Parcel Map No. 20273, as shown on Exhibit B. This is being done to address a slight revision in the alignment of East Borba Street. The Developer will re-dedicate the required easements to the City of Ontario as part of Final Parcel Map 20537.
68 Improvements will include streets, storm drain, domestic water main, recycled water, sewer main, ﬁber optic conduits, street lights, traﬃc signals and parkway landscaping with irrigation.

Improvements in the parkway will be consistent with current City approved drought measures.

The Developer has entered into an Improvement Agreement with the City for Final Parcel Map No. 20537 and has posted adequate security to ensure construction of the required improvements.

This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
69 GROVE AVENUE
PARCEL 2
PARCEL 3
PARCEL 1
PARCEL 22

CITY OF ONTARIO
PM 20273
PARCEL 19
PARCEL 18
AVENUE
WALKER

MERRILL AVENUE

EUCALYPTUS AVENUE
PARCEL 21

EAST BORBA STREET

CITY OF CHINO
PARCEL 20
PM 20273
PM 20273
PM 20273
PM 20273

PM BOUNDARY
4150 CONCOURS, ONTARIO, CA 91764
PHONE: (909) 989-9789 FAX: (909) 989-9660
WWW.WESTLANDGROUP.NET

EXHIBIT A
PM 2057

MERRILL COMMERCE CENTER

CITY OF
CHINO

CITY OF EASTVALE

CITY OF CHINO

CITY OF ONTARIO

CITY OF CHINO

CITY OF ONTARIO
70 GROVE AVENUE
PARCEL 2
PARCEL 3
PARCEL 1
PARCEL 22

CITY OF ONTARIO
PM 20273
PARCEL 19
PARCEL 18
AVENUE
WALKER

MERRILL AVENUE

EUCALYPTUS AVENUE
PARCEL 21

EAST BORBA STREET

CITY OF CHINO
PARCEL 20
PM 20273
PM 20273
PM 20273
PM 20273

NEW STREET

ALIGNMENT
4150 CONCOURS, ONTARIO, CA 91764
PHONE: (909) 989-9789 FAX: (909) 989-9660
WWW.WESTLANDGROUP.NET

EXHIBIT B
PM 20573

CITY OF
CHINO

CITY OF EASTVALE

CITY OF CHINO

CITY OF ONTARIO

CITY OF CHINO

CITY OF ONTARIO
LEGEND
71 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20537

LOCATED ON THE NORTHEAST CORNER OF GROVE AVENUE AND
MERRILL AVENUE.

WHERAS, Tentative Parcel Map No. 20537 submitted for approval by Prologis, L.P., a Delaware Limited Partnership, was approved by the Planning Commission of the City of Ontario on May 24, 2022; and
WHEREAS, Tentative Parcel Map No. 20537 consists of 3 numbered lots and 1 lettered lot being a subdivision of parcels 1, 2, 3, 4, 5 and 6 of Parcel Map No. 20273, recorded in book 258, pages 18 through 27, inclusive, of Parcel Maps, together with East Borba Street as dedicated on said Parcel Map No. 20273, all in the Office of the County Recorder of San Bernardino; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20537, Prologis, L.P., a Delaware Limited Partnership, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City.

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

SECTION 1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto.

SECTION 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.

SECTION 3. That Final Parcel Map No. 20537 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

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

PASSED, APPROVED, AND ADOPTED this 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
72 ATTEST:
________________________________

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

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
73 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 August 15, 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 August 15, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
74 Department: Public Works
Prepared By: Daniel P Beers
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:

A DESIGN SERVICES AGREEMENT WITH PBK ARCHITECTS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE FIRE STATION NO. 11

PROJECT

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Capital Projects Fund for architectural and engineering services for the Fire Station No. 11 Project, formerly called the Public Safety Center Project. The recommended contract award to PBK Architects, Inc. (PBK) is for a total amount not-to-exceed $3,674,000.

BACKGROUND & ANALYSIS:

On June 22, 2023, the City received three proposals from the Request for Proposal No. 1662 for D&C23-005 Fire Station No. 11. The proposals ranged from $3,291,000 to $4,154,845. The proposals are summarized below:

75 BIDDER

LOCATION
AMOUNT
Ruhnau Clarke Architects
Riverside, CA
$3,291,000
PBK Architects, Inc.

Rancho Cucamonga, CA
$3,674,000
Holt Architecture
Palm Desert, CA
$4,154,845

A selection team of City Staﬀ comprised of the Fire Department and the Police Department reviewed and scored each submittal based on its appearance and adherence to the bid documents.

Based on the scores, PBK’s proposal was deemed most responsive with an overall rating of 93.25.

Their proposal was the best blend of exterior appeal, time, and use of space. PBK has extensive design experience with recent projects that include the Fire Station No. 1 in Ontario, CA, Fire Administration Building in Ontario, CA, Public Safety Center in Patterson, CA, and California Highway Patrol Headquarters in San Diego, CA. Therefore, Staﬀ recommends approval of the Design Services Agreement with PBK.
76 Department: Public Works
Prepared By: Cynthia Heredia-Torres
Staff Member Presenting:

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

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

A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE INTEGRATED WASTE

WELDING SHOP CANOPY PROJECT

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve HZS Engineering and Construction’s bid withdrawal; B
.

Authorize a 10% contingency of $25,000 to address any unforeseen issues that may arise during construction; and
D
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended contract award to Wakeco, Inc. is for the bid amount of $250,000 plus a 10% contingency of $25,000, for a total contract amount not-to-exceed $275,000.

The Fiscal Year 2023-24 Adopted Budget includes appropriation in the Integrated Waste Fund for the construction of the Integrated Waste Welding Shop Canopy Project.

BACKGROUND & ANALYSIS:

The Integrated Waste Department repairs and refurbishes existing commercial and industrial steel containers of various sizes at their weld shop. The existing weld shop shade structure of 9 feet by 13 feet does not supply adequate protection for employees working in inclement weather.

77 The work under this project will consist of the design, fabrication, and construction/installation of a shade structure with a projected roof area of 45 feet by 75 feet per the contractor's approved design plans. The work will include, but is not limited to, coordination with the structure manufacturers, utilities, concrete work, etc.

On June 29, 2023, four bids were received for D&C23-003 Integrated Waste Welding Shop Canopy Project through the City’s electronic bid management system in response to Bid No. 1664. The bids ranged from $193,700 to $483,125. The bids are summarized below.

BIDDER

LOCATION
AMOUNT
HZS Engineering and
Construction
Santa Ana, CA
$193,700
Wakeco, Inc.

Temecula, CA
$250,000
MLC Constructors, Inc.

Corona, CA
$440,602
JT Construction Group, Inc.

Glendale, CA
$483,125

HZS Engineering and Construction ﬁled to withdraw their bid and in consultation with the City Attorney, Staﬀ recommends the City Council to accept the withdrawal and award the contract to Wakeco, Inc., the lowest responsible bidder submitting a responsive bid.

78 Department: Public Works
Prepared By: Niles Boyer
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: 13
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS

AND ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE

EASTERN LITTLE LEAGUE LATIMER BASEBALL FIELD CONCESSION BUILDING AND

BLEACHERS RENOVATION PROJECT

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Eastern Little League Latimer Baseball Field Concession Building and Bleachers Renovation Project. The recommended Amendment No. 16 will increase the contract amount by $96,768, funded by Measure Q, for a total not-to-exceed contract amount of $570,166.

The total contract amount of $570,166 for the On-Call Agreement with Robert Borders and Associates includes on-call work performed for various citywide projects.

BACKGROUND & ANALYSIS:

The proposed architectural design services include partial demolition, remodel, and addition to the existing approximate 2,500 square foot concession and restroom building located at 1211 East I Street. Included with the building renovation is site analysis, proposed accessibility remediation and replacement of existing bleachers. The renovated building will serve as the concession area, restrooms, meeting room, announcer's booth, storage, and utilities for the baseball field.

In addition, the architectural design services include schematic design and design development of a proposed Space Plan, preparation of construction drawings, technical speciﬁcations, processing of 79 drawings through the City Plan Check process and assistance during the construction administration phase, and normal structural, electrical and mechanical engineering services. 80 Department: Public Works
Prepared By: Blaine M Ishii
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: 14
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC. FOR THE IMPLEMENTATION OF ADDITIONAL INTEGRATED

WASTE ROUTE OPTIMIZATION SOFTWARE EQUIPMENT

CITY OF ONTARIO
Agenda Report
August 15, 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. 1 to the Professional Services Agreement (on ﬁle with the Records Management Department) with Routeware, Inc., of Portland, Oregon, for the implementation of additional Integrated Waste route optimization software equipment (video and camera) features with a one-time charge in the amount of $171,212 and monthly recurring cost of $7,204 for twelve months, for a total not- to-exceed contract amount of $398,264 for Fiscal Year 2023-24; and B
.

Authorize the City Manager or his designee to extend the Agreement up to an additional one- year term at the City’s discretion for an amount not-to-exceed $1,120,992 over a three-year term, consistent with future budgets approved by the City Council.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations of $150,000 in the Integrated Waste Fund for the additional equipment needed for the implementation of technology to improve safety, service eﬃciency and accuracy. The recommended Amendment includes a one-time payment of $171,212, and a new annual recurring cost of $227,052 ($86,448 for new services and $140,604 for existing services) for a new total not-to-exceed amount of $398,264 for Fiscal Year 2023-24. The estimated total cost for this project is a not-to-exceed amount of $1,120,992 over the three-year term. This Amendment would require an increase in appropriations of $248,264 in the Integrated Waste Fund that will be included in the next quarterly budget update.

BACKGROUND & ANALYSIS:

The Integrated Waste Department has a ﬂeet consisting of 84 Integrated Waste trucks that run 65 daily collection and support routes. With the continuous growth in the Ontario Ranch area and new development in the existing Old Model Colony, there is a need 81 to optimize customer service efficiencies through refuse, organics, and recycling route audits.

The additional video software will enhance our safety and customer service awareness within the Integrated Waste Department. The new video software will allow real-time service conﬁrmation and safety features to relay immediate feedback to our staﬀ. Staﬀ recommends the additional technology equipment purchase from Routeware, Inc.
82 Department: Police Department
Prepared By: Lizceth Zazueta
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

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

AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH TRIJICON, INC.

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager or his designee to execute a one-time purchase of specialized Police equipment through Trijicon, Inc. for an amount not to exceed $187,660.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations of $187,660 in the Grant Fund for the purchase of equipment.

BACKGROUND & ANALYSIS:

The Ontario Police Department received a one-time special oﬀer to purchase the Trijicon RMR Type 2 adjustable LED 3.25 MOA Red Dot Sight (RMR) directly through the manufacturer, Trijicon, Inc. This product is not currently commercially available.

The RMR features eight brightness settings, two include night vision-compatibility, provides easy-to- use buttons on the sides allowing the user to adjust the illumination brightness, the ability to toggle between manual and automatic modes, and power down for storage. The RMR is small enough for a 100+ yard shot and allows for faster target acquisition, permitting the eﬀective employment of lethal and non-lethal means. The RMR is the best red dot sight in the market and is compatible with the recently Council approved Staccato purchase.

Based oﬀ RMR's excellent reviews, satisfactory performance, and providing the best value to the City in price, City Staff recommends approving this one-time purchase. 83 Department: Public Works
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: 16
SUBJECT:

AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH VELOCITY TRUCK CENTERS

AND RDO EQUIPMENT COMPANY

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Seven (7) Autocar front loading refuse trucks for the Integrated Waste Department in the amount of $2,947,000 plus a 20% contingency of $589,400 for a total amount not- to-exceed $3,536,400;
2 .

Six (6) Autocar side loading refuse trucks for the Integrated Waste Department in the amount of $2,490,000 plus a 20% contingency of $498,000 for a total amount not-to- exceed $2,988,000; and
3 .

Three (3) Autocar roll oﬀ refuse trucks for the Integrated Waste Department in the amount of $1,036,500 plus a 20% contingency of $207,300 for a total amount not-to- exceed $1,243,800.

B
.

Two (2) John Deere loader for the Parks and Maintenance Department in the amount of $293,396 plus a 20% contingency of $58,679, for a total amount not-to-exceed $352,075;
2 .

One (1) John Deere backhoe for the Utilities Department in the amount of $173,229 plus a 20% contingency of $34,646 for a total amount not-to-exceed $207,875. 84 THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations for the purchase of vehicles in the Equipment Services Fund. The total cost of the vehicles recommended for purchase is $8,210,325 plus a 20% contingency of $1,642,065 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total amount not-to-exceed $9,852,390.

BACKGROUND & ANALYSIS:

The vehicles recommended for replacement have outlived their useful life and are no longer cost eﬀective to maintain. They are scheduled for replacement pursuant to ongoing eﬀorts to reduce expenses, maximize useful life expectancy and extend replacement cycles of ﬂeet equipment, 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.

Two of the side loading refuse trucks, two of the front loading refuse trucks, and one of the roll oﬀ refuse truck requested by the Integrated Waste Department, and the one of the loaders requested by the Parks and Maintenance Department, are a result of growth throughout the City leading to increased operations. The other 16 vehicles being requested are replacements for existing vehicles.

QUANTITY
TYPE
AGENCY
PRICE
7 Autocar Front Loader
Public Works
$3,536,400
6 Autocar Side Loader
Public Works
$2,988,000
3 Autocar Roll Off
Public Works
$1,243,800
3 Battle Motors Side
Loader
Public Works
$1,524,240
2 John Deere Loaders
Public Works
$352,075
1 John Deere Backhoe
Ontario Municipal
Utilities Company
$207,875
TOTAL

TOTAL
22 $9,852,390

85 Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

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

AN AGREEMENT WITH GRANICUS, LLC., FOR THE PEAK AGENDA MANAGEMENT,

RENTAL ACTIVITY MONITORING, CLOUD COMMUNICATIONS, AND THE

FREEDOM OF INFORMATION ACT MODULES

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Information Technology Fund for annual subscriptions for Granicus Peak Agenda Management, Rental Activity Monitoring, Communications Cloud, and the FOIA modules. The proposed Software Agreement has a pro-rated amount not-to-exceed for year one of $90,235. The cost of year two has a not-to-exceed amount of $118,109. The cost of year three has a not-to-exceed amount of $128,136 for a total not-to-exceed contract amount of $336,480. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for services and reﬂect the actual services provided. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

In 2015, the City of Ontario took a signiﬁcant step towards enhancing its communication with constituents by licensing the Granicus Communications Cloud platform.

This marketing automation platform has dramatically improved how the City connects with citizens, enabling quick and seamless engagement.

On May 27, 2020, the City Manager authorized a Service Agreement with Granicus. This Agreement licensed the City's use of the Peak Agenda software, the procurement of a Granicus broadcast device, and a subscription enabling the use of the broadcast software.

City Staﬀ promptly
embraced the Peak Agenda software to create and route eﬃcient staﬀ reports. The software's 86 intuitive features streamlined the preparation and organization of reports, optimizing the decision- making process for the City. Granicus has improved transparency by eﬀectively broadcasting meetings in real-time and providing recorded sessions for on-demand access by the public through the City's website.

The success of the Peak Agenda software and broadcast device prompted the Planning Commission, Library Board, and Recreation Board to adopt the technology in 2022. Recognizing the importance of redundancy, the City acquired a second Granicus Broadcast Device, providing a backup solution for uninterrupted services. An Agreement Amendment facilitated the addition of a subscription for the second device, ensuring seamless operations even in unforeseen circumstances.

In April 2021, the City's Records Department embarked on a transformative journey to modernize records request processing. The City acquired GovQA, an automated Freedom of Information Act (FOIA) workﬂow software, to overhaul the traditional labor-intensive and costly manual processes.

The transition to an online platform signiﬁcantly reduced reliance on manual eﬀorts, improving eﬃciency and streamlining collaboration among various departments. Custom workﬂows, notiﬁcations, and reporting tools empowered City Staﬀ to handle requests promptly, enhancing the timeliness of responses and fostering transparency. Online accessibility to request submittals and records strengthened public trust, as constituents could easily access the information they sought.

Moreover, GovQA's reporting tools provided valuable insights into request volume and activity assignments, aiding the City in determining staﬃng needs and prioritizing tasks eﬀectively.

Granicus acquired GovQA on August 26, 2021.

Continuing to leverage technology for eﬃcient governance, City Staﬀ aims to adopt the Granicus Host Compliance platform. This solution will transform identifying and monitoring short-term rental properties, providing a public reporting hotline for community feedback.

The platform will allow
the City to focus its resources on educating short-term rental operators about City regulations and enforcing compliance. As a result, Ontario's neighborhoods will ﬂourish, and residents will experience an improved quality of life.

The Finance Department will beneﬁt from the platform as well. It will gain access to estimated occupancy and rental revenue data, enabling the veriﬁcation of proper transient occupancy tax collection.

The City of Ontario's commitment to embracing innovative technology has transformed its governance, making it more eﬃcient, transparent, and citizen-centric. With Granicus' suite of solutions, including the Communications Cloud platform, Peak Agenda software, FOIA software, and Host Compliance software, Ontario continues to lead by example, setting new standards for eﬀective and modern government operations. Staﬀ requests City Council approval for a three-year Agreement for a not-to-exceed amount of $336,480.
87 Department: Police Department
Prepared By: Nicole Alvarez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

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

ACCEPTANCE FOR GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2023-24 FOR THE AMOUNT OF $256,936.

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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:

Grants were announced in June 2023 and funds will be used for eligible costs incurred from July 1, 2023–June 30, 2024. These grant funds are reimbursable on a quarterly basis and fund police overtime to conduct DUI saturation patrols, equipment, and training. The grant approved funding is $256,936 and the City is not required to provide matching funds for the grant.

The approved amount will be included as revenue (and associated expenditure adjustments) in a subsequent quarterly budget report to City Council.

BACKGROUND & ANALYSIS:

The California Highway Patrol (CHP) works closely with state and local agencies and other traﬃc safety stakeholders to actively address impaired driving. The CHP will consider a variety of factors in determining speciﬁc needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.

The purpose of the Cannabis Tax Fund Grant Program (CTFGP) is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP will allocate funds for the project categories in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP.

With the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act 88 (AUMA), California voters mandated the state set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualiﬁed nonproﬁt organizations, as described in Revenue and Taxation Code Section 34019(f)(3)(B).

The Cannabis Tax Fund Grant Program marks an important step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California’s roadways a safer place to travel.
89 Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

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

AN AMENDMENT TO THE AGREEMENT WITH CENTRALSQUARE TECHNOLOGIES, LLC., FOR 911 DISPATCH SYSTEM

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute an Amendment to the current Agreement (on ﬁle with the Records Management Department) with CentralSquare Technologies, LLC., of Lake Mary, Florida, to include the Rehosting Services for the Computer-Aided Dispatch (CAD), used by the Police and Fire Department in the amount not-to- exceed $742,765.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Information Technology Fund for annual support services for CentralSquare, Inc. The proposed Amendment to the Solutions Agreement increases the authorized contract amount of $642,065 by $100,700. The cost of $50,700 is a one-time service fee plus a $50,000 contingency for training and conversion support for a total contract amount not-to-exceed $742,765. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for services and reﬂect the actual services provided.

BACKGROUND & ANALYSIS:

The Computer-Aided Dispatch (CAD) system from CentralSquare has been in use by the City’s Police and Fire Departments to receive 911 calls and coordinate responses since 2004. This system provides the software tools for the City’s dispatchers and the software used in the City’s Police vehicles. The Police Department also uses CentralSquare’s Records Management System (RMS) to capture law enforcement reports, manage cases, and report crime statistics to state and federal authorities. The City Council approved a one-year extension of the software at the July 18, 2023 City Council meeting. Staﬀ have determined that the equipment supporting the system needs to be updated. Staﬀ requests the City Council approval for an additional $100,700 to engage CentralSquare for professional services to support the upgrade for a not-to-exceed amount of $742,765.
90 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: 20
SUBJECT:

AMERICORPS STATE COMPETITVE CONTINUATION GRANT FOR 2023-24

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Community Life & Culture Agency has been awarded $368,000 from AmeriCorps, a federal agency, for the Fiscal Year 2023-24 AmeriCorps Competitive Continuation Grant to fund the Fiscal Year 2023-24 Ontario Promise Corps program year. The City is responsible for providing a cash match of $385,014, which includes in-kind services related to existing personnel associated with the grant and administrative fees. The in-kind services accounts for $73,820.

Additionally, the program partners (Ontario-Montclair Schools Foundation and Hope Through Housing Foundation) will reimburse a portion of the match funds. The ﬁnal amount for reimbursement from program partners depends upon the number of AmeriCorps members recruited for those locations. The requested funds for the General Fund cash match will be added as needed in a future Quarterly Budget update. The grant period is from October 10, 2023, through September 30, 2024.

BACKGROUND & ANALYSIS:

On August 20, 2019, the City Council approved a twelve-month AmeriCorps State Planning Grant for the City of Ontario to develop a cradle-to-career collective impact program called Ontario Promise Corps. The program implements services that aim to improve schools readiness, improve school attendance, and increase college access and success in the local community. The AmeriCorps grant is administered on the state level by California Volunteers, an office of the State of California.

The Planning Grant outlined activities focusing on AmericCorps' national service focus area of education. These activities provide services that contribute to improving educational outcomes for 91 economically disadvantaged children and youth.

In 2020, in alignment with the City's commitment to increasing educational opportunities, the City of Ontario submitted a successful competitive and comprehensive grant application to seek funding for AmeriCorps members to implement the strategies developed during the Planning Grant phase.

On August 4, 2020, the City Council approved a 12-month round of the Ontario Promise Corps program funded through the AmeriCorps State Formula Grant. Subsequently, with City Council approval, Ontario Promise Corps was awarded and has received AmeriCorps grants for Fiscal Years 2021 and 2022.

The Ontario Promise Corps program aims to recruit the equivalent of sixteen (16) Full-Time AmeriCorps members per program year. The members assist in operating a one-on-one education program for low-income and at-risk students, foster mentor-mentee relationships with participants and provide access to information and resources for higher education attainment to residents in the City of Ontario. The program oﬀers these services through partnerships with Hope Through Housing Foundation, Ontario-Montclair Schools Foundation, Ontario City Library, and Ontario Recreation & Community Services Department.

This year, AmeriCorps has awarded the Community Life & Culture Agency a $368,000 AmeriCorps Competitive Continuation Grant to continue implementing the programs.

Highlights of the grant
budget include a full-time Administrative Specialist position who is 100% responsible for the day-to- day operations of the grant at a total cost of $96,709; sixteen (16) AmeriCorps Members with a state-mandated living allowance set at $26,000, health care, miscellaneous oﬃce supplies, training, and equipment costs. This one-year grant supports AmeriCorps member service activities from October 2023 through September 2024. Staﬀ will submit a new application in 2024 for funding beyond this one-year grant period.

The Community Life & Culture Agency requests that the Ontario City Council approve the execution of the 2023-2024 grant documents, accept the grant funds, and approve the City cash match for the 2023-2024 Ontario Promise Corps program year.
92 Department: Community Life and 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: 21
SUBJECT:

AN ORDINANCE AMENDING CHAPTER 33 OF TITLE 5 OF VOLUME 1 TO THE

ONTARIO MUNICIPAL CODE, AMENDING THE PUBLIC ART PROGRAM, RENAMING

THE PUBLIC ART ADVISORY COMMITTEE TO THE PUBLIC ART ADVISORY

COMMISSION, ADDING REGULATIONS FOR PUBLIC ART FUNDED BY CITY FUNDS

ON CITY PROJECTS, AND FINDING THE ACTION EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

If approved, the City Council will set aside one percent (1%) of the approved budget of new vertical construction projects with a construction budget of $1,000,000 or more for the commission, acquisition, and/or development of public art or artworks of City-funded Capital Improvements Projects. Projects funded by Bonds, Enterprise funds, and some Special Revenue funds are not subject to the one percent (1%) public art fee.

BACKGROUND & ANALYSIS:

This is a second reading proposing this Amendment to an Ordinance which established a Public Art Program, Committee, and development fee. On July 18, 2023, there was a Public Hearing held to consider this Amendment.

In May 2022, there were ﬁrst and second readings of a proposed Ordinance that established a Public Art Program, Committee, and development fee. On May 17, 2022, the City Council adopted the Ordinance. This is a proposed Amendment to the Ordinance.

This Amendment recommends the addition of Section 5-33.07 (Public Art Funded by City Funds on 93 City Projects). The section adds City-funded Capital Improvement Projects with a construction budget of $1,000,000 or more and with signiﬁcant public access to the list of eligible projects for the Public Art Program. If the project qualiﬁes, the City Council will set aside one percent (1%) of the approved budget for development costs of the project for the commission, acquisition, and/or development of public art or artworks on-site. For projects with a construction budget of $100,000,000 the City Council will have the discretion to designate the use of funds towards public art projects oﬀ-site. The calculation for one percent (1%) of the approved budget for development costs is based oﬀ of development construction costs and exclude property acquisition, demolition, financing, or any salaries and benefits of public employees supporting the project.

Projects by the Ontario Municipal Utilities Company may not use any ratepayer money for public art, however, non-ratepayer funds may be used for Ontario Municipal Utilities Company projects such as the construction of a new building.

In all cases, the percentage of public funds set aside for public art as part of City-funded Capital Improvement Projects are at the discretion of the City Council given budget constraints. The public funds will only be used for new vertical construction projects. Park development, or improvements to existing facilities will not qualify. There is not a requirement for an artist to be involved in the commission, acquisition, and/or development of such public art or artworks.

The Public Art Advisory Committee will be renamed the Public Art Advisory Commission. This conforms to best practices of other City Council appointed Boards and Commissions. Additionally, this eliminates any confusion with any other arts committees.

For private projects that go through the City's normal development process, City Staﬀ will provide input on proposed art or artworks not the Public Art Advisory Commission. For public art projects not tied to a City capital improvement project, the Public Art Advisory Commission will review such proposals and make determinations to allow or not allow such art or artworks.

ENVIRONMENTAL REVIEW
: This project is categorically exempt from the requirements of CEQA pursuant to Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to project which have the potential for causing a signiﬁcant eﬀect on the environment. Where it can be seen with certainty 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.

94 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO

THE ONTARIO MUNICIPAL CODE, AMENDING THE PUBLIC ART

PROGRAM, RENAMING THE PUBLIC ART ADVISORY COMMITTEE TO

THE PUBLIC ART ADVISORY COMMISSION, ADDING REGULATIONS

FOR PUBLIC ART FUNDED BY CITY FUNDS ON CITY PROJECTS AND

FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City of Ontario (“City”) desires to introduce art and artworks into the community; and
WHEREAS, public art enriches the lives of City residents and visitors by exposure to art in various forms; and
WHEREAS, the City encourages public dialogue and interaction through a public art program; and
WHEREAS, the City desires embracing a broad range of artworks, which are reflective of the overall diversity of the City’s residents and visitors; and WHEREAS, the City desires to establish a public art program that would allow and regulate a variety of artworks, including murals, that are either developed on City-owned public property or on private property as part of a development project; and WHEREAS, the City desires to rename the Public Art Program Advisory Committee to a Commission to be more consistent with industry standard terms; and WHEREAS, the City desires to use City funds for various capital improvement projects; and
WHEREAS, the City desires to expend an amount equal to one percent (1%) of City capital improvement projects, with some exceptions, in order to commission and/or acquire public art.

NOW THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference.

SECTION 2. Chapter 33 of Title 5 of Volume I of the Ontario Municipal Code is hereby amended to state as follows:
95 “Chapter 33: Public Art Program
5-33.01 Purpose
5-33.02 Public Artworks: Definitions
5-33.03 Public Art Program Advisory Commission
5-33.04 Policy for the Gift or Long Term Loan of Public Art 5-33.05 Public Art in Commercial and Industrial Development Projects 5-33.06 Murals
5-33.07 Public Art Funded by City Funds on City Projects Sec. 5-33.01 Purpose.

This Chapter may be known and cited as the “Ontario Public Art Program.” It is the goal of the City's Public Art Program to promote public art and art in public places, as a cultural resource for the community, and act as a mechanism to enhance the City's commercial vitality and economic stability. Furthermore, it is intended that the Ontario Public Art Program will serve to enrich the community aesthetic and built urban environment, by making available to the public a diverse collection of artworks throughout the City. The aforementioned goals will be realized through bringing contemporary art into the environment and life of Ontario, enriching the lives of City residents and visitors by the exposure to art in various forms, encouraging both emerging and established artists living in Ontario and the Ontario region by supporting and purchasing their work, acquiring a distinguished collection of art representing varying genres, styles, scales, mediums, forms, and intent, and reflective of trends and disciplines in art on a local, regional, national, and international level, integrating artists into the City's design process, encouraging public dialogue and interaction through a public art program; embracing a broad range of artworks, which are reflective of the overall diversity of current works in the field of visual arts, enriching the quality of life and economic vitality of Ontario, and further defining distinct characteristics of neighborhoods.

Sec. 5-33.02. Public Artworks: Definitions.

As used in this Chapter, the words, terms, and phrases listed below in correct alphabetical order, shall have the following meanings:
(a) “Artist” means a practitioner in the arts, recognized by his or her critics and peers as a professional who possesses serious artistic intent and ability. (b) “Artworks” means original pieces of art, including limited editions, not limited by medium used. It may include paintings, sculptures, murals, mosaics, and fountains. These categories may be realized through such media as steel, bronze, stained glass, concrete, wood, ceramic tile, stone, and other suitable materials.

Artworks may also include earthworks, performing arts, literary arts, special events, festivals, and other arts and culture programming and/or visual arts not specifically outlined herein, as may be deemed appropriate by the Public Art Program Advisory Committee. Artworks include both temporary and permanent projects. Artworks does not include objects that are mass produced. 96 (c) “Commercial message” means any message that advertises a business conducted, services rendered, or goods produced or sold. (d) “Commercial project” means any site, structure, facility, or land use allowed pursuant to Table 5.02-1 (Land Use Matrix) of the City of Ontario Development Code, within any of the commercial zoning districts established under Section

5.01.005.B (Commercial Zoning Districts) of the Development Code, or within the commercial portion of any residential mixed-use development. (e) “Industrial project” means any site, structure, facility, or land use allowed pursuant to Table 5.02-1 (Land Use Matrix) of the City of Ontario Development Code, within any of the industrial zoning districts established under Section 5.01.005.D (Industrial Zoning Districts) of the Development Code, or within the industrial portion of any nonresidential mixed-use development.
(f) “Original art mural” means a unique, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message.
(g) “Public Art Collection” means publicly accessible artwork that is acquired or commissioned by the City pursuant to the public art program. (h) “Public Art Handbook” means a document that guides the Public Art Program on the many aspects of having a Public Art Collection, including but not limited to the acquisition, commission, gift, loan, maintenance and deaccession of public art. (i) Public Art Program” means the program established for the selection, acquisition, creation, installation, conservation, restoration, management, planning, decommission, community education and publicity of public art in the City of Ontario.
(j) “Public place” means any area on public property, either interior or exterior, which must be accessible and visible to the general public.
(k) “Project applicant” means the property owner, developer or other responsible party proposing a project requiring an art component.
(l) “Project improvement valuation” means the value of the tenant improvements as determined by the then-current City total valuation methodology. (m)“Project valuation” means the value of the project as determined by the then- current City total valuation methodology.
(n) “Project site” means the location of the improvements being developed. (o) “Public art on City property” means original works of art located on, affixed to, or applied on City-owned property.
97 (p) “Private art for public enjoyment” means original works of art located on, affixed to, or applied on private property that are accessible and/or visible to the general public.
(q) “Public Art Program Advisory Commission” means the five-member advisory commission appointed by the City Council that is responsible for ensuring that the criteria established by this Public Art Program have been met. (r) “Vintage original art mural” means an original art mural that existed prior to the enactment of this Chapter.

Sec. 5-33.03. Public Art Program Advisory Commission.
(a) There is hereby created and established a Public Art Program Advisory Commission.

The Public Art Program Advisory Commission shall be comprised of five members who shall be appointed by the City Council.
(b) Members of the Public Art Advisory Commission shall be comprised as follows:
(1) Three (3) of the five (5) members shall be given priority consideration from each of the following organizations, provided that the City has received an application from at least one representative from each organization.
(A) A representative from the Chaffey Community Museum of Art; (B) A representative from Ontario Heritage;
(C) A representative from the Ontario Museum of History & Art Associates; (2) The remaining two (2) members, or more if the City has not received an application from each of the three (3) organizations listed in Section 5-33.03(b)(1)(A)-(C), may be selected from the following:
(A) Local non-profit historic preservation advocacy organization; (B) Local arts educators;
(C) Local artists;
(D) Local performers;
(E) Arts professionals;
(F) College-level arts students; and
(G) Architects, landscape architects, and other design professionals. 98 (3) Notwithstanding any contrary provision in the Ontario Municipal Code, members of the Public Art Advisory Commission may be non-residents of the City, subject to the limitation that no more than two (2) of the five (5) members may be non-residents of the City.
(4) The City Councilmember Liaison to the Ontario Museum of History & Art, shall serve as an ex officio, non-voting member.
(c) The process for appointment to the Public Art Advisory Commission shall be as follows. A call for applications will be sent out for interested appointees. Community Life & Culture staff will review the applications received and determine whether the applicants meet the basic requirement from this Section. Community Life & Culture staff will then present the qualified candidates to the City Council for their review and nomination. The Mayor shall appoint the members of the Commission, subject to ratification by a vote of the entire City Council. Each Councilmember may suggest one member from the list of qualified candidates for the Mayor to appoint to the Commission. (d) Members of the Public Art Program Advisory Commission shall serve a term of four (4) years. A person may serve multiple terms.
(e) Powers and Duties. The Public Art Program Advisory Commission shall ensure that all criteria established by this Public Art Program have been complied with. The Advisory Commission shall review all requests for the installation of public art, examining proposals for public safety, weather resistance, balance with the program, public response, proper lighting, public accessibility, installation methods, proportion, composition, the artist’s previous experience, art training, and exhibition record. Advisory Commission support shall be provided by the Museum, Arts & Culture Director or designee. The Advisory Commission may establish, and amend from time to time, a Public Art Handbook.

Proposed commission, acquisition, and/or development of public art or artworks shall go to the Commission for review even if an artist is not involved. (1) Construction and Installation of Public Artworks (Permanent). The following procedure is to be followed in the construction of on-site permanent public artworks:
(A) The composition of the proposed artwork shall be of a permanent type of material in order to be a durable against vandalism, theft, and weather, and require a low level of ongoing maintenance.
(B) The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment. A Certificate of Appropriateness pursuant to Ontario Development Code Section 4.02.050 may be required to ensure that the artwork does not cause an adverse impact to historic resources.
(C) The artwork shall be constructed by persons experienced in the production and installation of such artwork.
99 (D) The artwork shall be permanently affixed to the property unless it is designated a temporary exhibit in the scope of the project when commissioned. (E) Installation of the artwork shall be planned and implemented to enhance the piece and allow for unobstructed viewing from as many angles as possible. (F) The City shall obtain from the artist, complete maintenance instructions, including methods to maintain the piece and the frequency of maintenance. (G) Each piece of artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, and the date as well as the city and the art in public places program. (2) Construction and Installation of Public Artworks (Temporary). The following procedure is to be followed in the construction of on-site temporary public artworks:
(A) The composition of the proposed artwork shall be of a type of material in order to be a durable against vandalism, theft, and weather, and require a low level of maintenance.
(B) The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment.
(C) The artworks shall be constructed by persons experienced in the production and installation of such artwork.
(D) The method of attachment or securing the artwork shall be identified. (E) Installation of the artwork shall be planned and implemented to enhance the piece and allow for unobstructed viewing from as many angles as possible. (F) The City shall obtain from the artist, complete maintenance instructions, including methods to maintain the piece and the frequency of maintenance. (G) Each piece of artwork shall be identified by a plaque at the site of an appropriate size and scale to the piece. The plaque shall be made of cast metal and then placed in a location near the art piece listing the title of the piece, the artist, and the date as well as the city and the art in public places program. (H) Any security measures needed to secure the artwork, the estimated cost of the security, and a source of funding for the security shall be identified. (I) Any temporary artwork must include a deinstallation plan that clearly identifies which parts of the artwork (if any) need to be returned to the artist and which may be disposed of after the term of the installation.
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Sec. 5-33.04 Policy for the Gift or Long Term Loan of Public Art. (a) Purpose. Unsolicited gifts or long term loans to the City can be an important part of the City's art collection. The purpose of this Section is to ensure that proposed gifts of public art undergo a review process to ensure that acceptance of such gifts takes place in a fair and uniform manner. Furthermore, it is the intent of this Section to ensure that potential gifts of public artworks are evaluated as carefully as artworks that are commissioned, and that such artworks undergo a careful review process that evaluates a gift based upon acceptance criteria established according to the purposes, guidelines, goals, and selection process that guides artworks that are commissioned. (b) Applicability. This Section applies to all unsolicited offers of donation or long term loans of public artworks to the City of Ontario. Unsolicited offers of donation or long term loans of artworks for display in interior spaces of City owned or leased buildings shall not be subject to the procedures in this Section; however, the City Manager may choose to opt-in to the procedures in this Section for review and consideration of such artworks. (c) Procedures for Gifts or Long Term Loans. For each proposed gift or long term loan of public art, a written proposal or letter of intent shall be submitted to the City Manager. The City Manager shall refer the proposal to the Public Art Advisory Commission for review and recommendation. The City Council’s decision shall be final and conclusive. The proposal shall consist of the following items:
(1) Completed application form;
(2) Photographs, drawings, models, or designs of proposed artwork; (3) Description and samples (if available) of materials and colors; (4) Appraisal by a professional art appraiser (for long term loans); (5) A site plan, to include photographs of site and neighborhood, drawings of the proposed site with the project to scale. If located within a historic district or on any other historic resource, a Certificate of Appropriateness may be required pursuant to Ontario Development Code Section 4.02.050;
(6) Proposed transportation/delivery schedule, and request of City responsibility for transport of the artwork to the City, if applicable; (7) Proposed installation schedule;
(8) Maintenance manual, including the long-term intent of artist for the preservation and maintenance of artwork;
(9) Maintenance schedule prepared by professional art curator; (10) Estimated budget for installation and maintenance; 101
(11) Resume and examples of artist’s previous work;
(12) Duration of the loan (if applicable)
(13) Proof of insurance sufficient to meet the requirements of the City’s Risk Manager, if necessary; and
(14) Building permits, if necessary.
(d) Criteria for the Evaluation of Proposed Gifts or Long Term Loans of Public Art. The following criteria shall be used in evaluating proposed gifts of long term loans of public art for review and acceptance by the City:
(1) Artworks may be existing or proposed works of art;
(2) Artworks must be one-of-a-kind or part of an original series. Reproductions of originals are not considered eligible for acceptance;
(3) Gifts must maintain high artistic standards and are appropriate in relationship or historical relevance to the City;
(4) The proposed location (if specified) is available and is appropriate to the artwork's content, scale, and material. Factors to be considered in selecting an appropriate site include type of artwork, relationship to architectural and natural features, visibility and public access, traffic patterns, future development plans for the area (if known), and public use patterns of the site and surrounding area. If a location is on a historic building, site, landscape or within a district issuance of a Certificate of Appropriateness may be required pursuant to Ontario Development Code Section

4.02.050;
(5) Restrictions from the donor, if any;
(6) Artwork proposals must demonstrate how the surrounding community has been involved and consulted in the process;
(7) Costs of installation and maintenance and repair over the expected life of the artwork shall be defined;
(8) Artistic quality (vision, originality and craftsmanship); (9) Context (architectural, historical, geographical and socio-cultural context of the site);
(10) Quality and permanency of materials (if ephemeral material: is appropriate documentation included?);
(11) Safety;
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(12) Diversity of artists (gender, race, culture) representation in the existing collection of publicly-accessible artworks; and
(13) Diversity of artworks (media, scale, style, intention) in the existing collection of publicly accessible artworks.
(e) Long Term Loans of Artwork. Upon recommendation by the Public Art Program Advisory Commission and acceptance by the City Council, long term loans of artwork may be displayed upon execution of a contract between the City and the artist clearly identifying the terms and conditions of the loan and the rights and responsibilities of all parties. Donations to the Ontario Museum of History & Art (“Museum”) are subject to a different approval process established by the Museum and/or subject to the City’s Donation Policy.
(f) Acceptance of Gifts of Public Art. Upon recommendation by the Public Art Program Advisory Commission and acceptance by the City Council, gifts of artworks will be deemed part of the permanent collection of the City, and registered with the City’s Department of Museum Arts & Culture, once the donor has fulfilled the requirements as stated in the Public Art Handbook, which shall include the following:
(1) Written certification of the installation of the artwork, if completed by artist; (2) An executed contract between the City and the artist transferring title of the artwork and clearly defining the rights and responsibilities of all parties; (3) Written instructions for the care, maintenance, preservation, and handling of the artwork, prepared with the assistance of a professional art conservator to be provided by the artist;
(4) A sworn statement of no liens, claims, or other encumbrances associated with the artwork;
(5) A written assignment of any and all warranties for materials used, or labor performed by subcontractors or other persons; and
(6) A written assignment conveying, at a minimum, a perpetual license for the City to reproduce the artwork in digital or print medium for City purposes. The written assignment may include, should it be the artist’s desire, the conveying of all rights, including copyrights and waiver of all rights under the Visual Artist's Rights Act of 1990, and its amendments (Section 106A of the United States Copyright Act; Pub. L. No. 101- 650).

Donations to the Museum shall be subject to a different approval process established by the Museum and/or subject to the City’s Donation Policy. (g) Title and Ownership. Permanent gifts of artwork to the City shall become the property of the City once an Agreement for Acceptance Donated Artwork has been fully executed and the Donor has delivered the Bill of Sale/Transfer of Title. At such time, all rights of 103
title and ownership shall be conveyed to the City, and all future decisions regarding the use and continued ownership of the artwork shall be under the sole discretion of the City.

As owner of the artwork, the City may exercise any and all legal rights of ownership, including, but not limited to, sale, relocation, or removal of the artwork. (h) Maintenance. When artwork gifts are situated at or on City owned or occupied properties or facilities, the City shall assume its continued maintenance. (i) Removal, Relocation, or Deaccession of an Artwork. Artworks gifted to the City may be relocated, removed, or deaccessioned from the City's public art collection if the artwork becomes a hazard or liability, if the approved terms of acceptance are not fulfilled, or for any other reason as determined by the City Council, upon recommendation by the Public Art Program Advisory Commission.
(j) Exemption. Gifts of state presented to the City by foreign governments or by other political jurisdictions of the United States that may be accepted by the City Council or City Manager on behalf of the City. Permanent placement of any such artworks will be determined jointly by the City Manager and the Public Art Program Advisory Commission.

If not provided by the donor, maintenance of the art will be the responsibility of the host City department.

Sec. 5-33.05 Private Art for Public Enjoyment in Commercial and Industrial Development Projects.
(a) Purpose.
(1) The purpose of this Section is to establish a program for private art for public enjoyment in which private developers shall be required to integrate artworks throughout the commercial and industrial sectors of the City, for the benefit of the general public. The goals of this program are as follows:
(A) Differentiate the City of Ontario as a special place to live, work, play, visit, and invest;
(B) Strengthen cultural awareness, creativity, and innovative thinking in the community;
(C) Integrate the vision of artists with the perspective of other design professionals into the planning and design of the urban landscape; (D) Ensure public artworks are visually accessible to every member of the community;
(E) Provide an acceptable counterbalance to what many consider to be the undesirable effects of commercial and industrial development (e.g. construction noise, traffic, congestion, and pollution); and
104
(F) Build a diverse collection of outdoor artworks by qualified artists and ensure the collection is continually maintained.
(2) The public art in commercial and industrial development projects program provides developers a way to make a lasting and visible contribution to the community and alleviate the undesirable effects that may be associated with commercial and industrial development.
(b) Applicability.
(1) All new commercial and industrial development projects, and new tenant improvements constructed in or on new or existing commercial and industrial buildings, having a total project building valuation of $500,000 or more, shall be subject to the requirements of this Section. This Section does not apply to the residential portion of mixed-use projects.
(2) All residential projects and public facilities projects constructed by the City or by nonprofit organizations shall be exempt from the requirements of this Section. (c) Minimum Public Art Allocation.
(1) The required minimum public art allocation fees shall be as follows, and may be amended from time to time by Resolution:

Eligibility On-Site Fee Option City Fee Option
New
commercial/industrial
development
$5,000,000 or more.

Developer installs On-Site
public art display valuated
at 1% of the total final
project valuation as
determined by the building
official or designee.

Developer provides the City
$10,000 for City to deposit
into the Public Art Fund to
be used for the installation
of a new public art display
or maintain, upgrade, or
expand an existing display.

Tenant Improvement
on
commercial/industrial
development $500K
or more.

Developer installs On-Site
public art display valuated
at 1% of the total final
project improvement
valuation as determined by
the building official or
designee.

Developer provides the City
$5,000 for City to deposit
into the Public Art Fund to
be used for the installation
of a new public art display
or maintain, upgrade, or
expand an existing display.
(2) All projects created through the On-Site Fee Option must be reviewed and approved by the City and shall be installed in compliance with all federal, state, and local applicable laws and regulations.
(3) All projects installed through the On-Site Fee Option must be maintained by the developer during the life of the buildings and structures. 105
(4) If the artwork installed pursuant to this Section is altered, removed, is not maintained in good condition, or is not provided as required, the City may exercise any and all available legal and/or equitable remedies.
(d) Penalties. Violations of this Section may be subject to the penalties set forth in Chapter 2 of Title 1 of Volume I of the Ontario Municipal Code and/or subject to revocation of the entitlements for the development project.

Sec. 5-33.06 Murals.
(a) Murals commissioned by the City may only be installed and maintained if they have been approved by the Public Art Program Advisory Commission. Other murals not commissioned by the City will be subject to an objective design checklist established, and amended from time to time, by Resolution, and subject to ministerial City review. Murals may only be located in commercial, industrial, City-owned public property, and private property. The Advisory Commission shall have the authority to review and approve City commissioned murals in accordance with the procedures and standards outlined in this Chapter.
(b) Standards. The Public Art Program Advisory Commission shall ensure that City commissioned murals are consistent with the following standards:
(1) Murals shall be an original art mural, a work of art, that is hand-painted, hand- tiled or digitally printed image or digital display system on the exterior surfaces of a building or site designed as a work of art. The image cannot be advertising or other commercial message with brand name, product name, abbreviation thereof, company or business name or logo, trademark, brand imagery or products and services for sale. The Public Art Program Advisory Commission will determine if an image, painting pattern, or other element on the exterior of a building or site is a work of art. If the Public Art Program Advisory Commission determines that the image, painting pattern, or other element is not a work of art, then other applicable law may be applied such as sign or building design guidelines by other City departments.
(2) Murals must be durable and capable of being well-maintained. (3) Murals shall not compromise the proper function of any building or use or diminish public safety.
(4) Murals shall not incorporate recognized signs of hatred or discrimination against any race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, gender identity or expression, or sexual orientation. (5) Murals shall not be obscene or harmful to minors as defined by law. (6) A Certificate of Appropriateness shall be required if the mural is on a historic building or site pursuant to Ontario Development Code Section 4.02.050. 106
(c) Application fee. There shall be an application fee of $100 per non-City-commissioned mural application, which may be amended from time to time by Resolution. (d) An Original Art Mural is not considered a sign as defined in the Ontario Development Code. However, nothing contained in this Chapter is intended to change the rules governing the determination of whether a mural may be placed on a historic building. (e) A City commissioned mural shall remain in place, without alteration, for a minimum of six (6) months.
(f) Removal. A City commissioned mural may be removed after six (6) months from the date of registration, so long as it is not a registered historic landmark itself or associated with a registered historic landmark property, under any the following circumstances as determined by the Executive Director of the Community Life & Culture Agency:
(1) The property is sold;
(2) The structure or property is substantially remodeled or altered in a way that precludes continuance of the mural;
(3) The property undergoes a change of use authorized.

Sec. 5-33.07 Public Art Funded by City Funds on City Projects. (a) For the purposes of this Section, “capital improvement project” means new vertical City construction projects with a construction budget of $1,000,000 or more that provide significant general public access. Examples include, but are not limited to, new libraries, fire stations, police stations, department campuses/headquarters, community centers, bridges, plazas, bus shelters, shade structures, and structures within parks such as but not limited to barns. A “capital improvement project” does not include park improvements, new park development, or improvements to existing facilities. (b) For the purposes of this Section, “development costs” means the total development costs of the capital improvement project. Development costs may include, but are not limited to, any and all construction costs, and site work expenses. Development costs shall not include property acquisition, demolition, financing, or any salaries and benefits of public employees supporting the capital improvement project. (c) For all City capital improvement projects that are funded through City funds, with the exception of capital improvement projects funded through bond proceeds or development impact fees as described in subsection (d) and/or (e) herein below, the City shall, at the discretion of the City Council, set aside an amount equal to one (1) percent of the City Council approved budget for development costs of such capital improvement projects for the commission, acquisition, and/or development of public art or artworks on site. Projects by the Ontario Municipal Utility Company shall not use any ratepayer money for public art but non-ratepayer funds may be used for such Ontario Municipal Utility Company projects such as constructing a new building. There shall be no requirement that an artist be involved in the commission, acquisition, and/or development of such public art or 107
artworks. For the purposes of this Section, City funds means any funds held in City accounts, including but not limited to the general fund, special funds, and bond revenues, excluding any enterprise and ratepayer funds and any funds limited by federal, state, and/or local statue, regulation, or funding source. Applicable capital improvement projects may apply the one (1) percent of funds towards public art on the same project site.

However, the City Council shall have the discretion to designate the use of such funds towards public art projects other than on the site from which the funds were budgeted for projects valued at $100,000,000.00 or more.
(d) Bond proceeds may be utilized for the commission and/or acquisition of Artwork on a case by case basis and upon review and approval by City Finance staff and City’s Bond Counsel. If City Finance staff and City’s Bond Counsel approve the use of bond proceeds for the commission and/or acquisition of a specific Artwork, then the Public Art Commission shall request that the specific amount needed to commission and/or acquire that Artwork be distributed to cover expenses, up to one (1) percent of the approved budget for development costs of such capital improvement project. Bond proceeds shall not be directly transferred to the Public Art Fund upon issuance of bonds but will only be distributed on a case by case basis with approval by City Finance staff and City’s Bond Counsel.
(e) Development Impact Fees may be utilized for the commission and/or acquisition of Artwork on a case by case basis and upon review and approval by City Finance staff and City’s legal counsel. If City Finance staff and City’s legal counsel approve the use of Development Impact Fees proceeds for the commission and/or acquisition of a specific Artwork, then the Public Art Commission shall request that the specific amount needed to commission and/or acquire that Artwork be distributed to cover expenses, up to one (1) percent of the approved budget for development costs of such capital improvement project.”
SECTION 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 5. CEQA. 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). 108
SECTION 6. 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 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
109

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. 3256 was duly introduced at a regular meeting of the City Council of the City of Ontario held July 18, 2023 and adopted at the regular meeting held August 15, 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. 3256 duly passed and adopted by the Ontario City Council at their regular meeting held August 15, 2023 and that Summaries of the Ordinance were published on July 25, 2023 and August 22, 2023, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
110
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: 22
SUBJECT:

A RESOLUTION SETTING COMPENSATION FOR THE VOTING MEMBERS OF THE

PUBLIC ART ADVISORY COMMISSION

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution setting the compensation amount for the voting members of the Public Art Advisory Commission.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated annual cost is $2,000 for regularly scheduled meetings of the Public Art Advisory Commission and planned artist selection panels. The Fiscal Year 2023-24 Adopted Budget includes appropriations in the General Fund. Actual compensation due will depend upon additional special meetings, workshops/briefings, and artist selection panels.

BACKGROUND & ANALYSIS:

In May 2022, Staﬀ presented a proposed Ordinance to establish a Public Art Program, Commission and development fee. City Council adopted the ordinance on May 17, 2022, after undergoing first and second readings.

Currently, the Ontario Municipal Code does not provide compensation for members of the Public Art advisory Commission for attending publicly noticed meetings or participating as jurors in artist selection panels. On August 18, 2015, the City Council approved a Resolution that established compensation for the Ontario Planning Commission, Library Board of Trustees, Museum Board of Trustees, and the Recreation and Parks Commission. Compensation amounts included $125 for each publicly noticed meeting, workshop, or brieﬁng for the Planning Commission and $50 per meeting for the other City Boards & Commissions.

In recognition of the time obligations and research responsibilities of the Public Art Advisory Commission members and as jurors in artist selection panels, and to encourage qualiﬁed persons to become members of the Public Art Advisory Commission, Staff recommends that the City Council establish compensation for voting members of the Public Art Advisory Commission at $50 for attendance at each publicly noticed meeting or artist selection panel. The proposed Resolution will take immediate effect after the City Council's adoption and will be retroactive to July 1, 2023. 111
RESOLUTION NO. ________

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

CALIFORNIA, SETTING COMPENSATION OF VOTING MEMBERS OF

THE PUBLIC ART PROGRAM ADVISORY COMMISSION AND ARTIST
SELECTION PANELS.

WHEREAS, the City of Ontario established the Ontario Public Art Program Advisory Commission in 2022 to promote the integration of public art and art within public spaces within the City; and
WHEREAS, the Ontario Public Art Program Advisory Commission is comprised of five members appointed by the City Council; and
WHEREAS, Commission members play a pivotal role in furthering the flourishing development of arts and culture within the City of Ontario through community engagement, audience development, and community outreach; and WHEREAS, the Ontario Municipal Code currently does not provide compensation for members of the Ontario Public Art Program Advisory Commission for their attendance at publicly noticed meetings of the Commission or participation as jurors in artist selection panels; and
WHEREAS, the voting members of the Public Art Program Advisory Commission are asked to make a significant time commitment to participate in community outreach initiatives and due diligence in preparation of meetings; and WHEREAS, in order to encourage qualified persons to become members of the Public Art Program Advisory Commission, it is in the best interest of the City to provide compensation to members of the Commission for attending meetings of the Commission and participating in artist selection panels; and
WHEREAS, recognizing the importance of the Commission members' contributions to the City’s rich history, the City desires to provide appropriate compensation for their dedicated service in this capacity.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. It is determined that each voting member of the Public Art Advisory Commission shall be paid the sum of fifty dollars ($50) for attendance at each publicly noticed meeting of the Commission, including publicly noticed workshops and briefings.
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SECTION 3. It is further determined that, for each instance of a Public Art Commissioner participating in an artist selection panel, such Commissioner so participating shall be paid the sum of fifty dollars ($50).

SECTION 4. This Resolution shall take immediate effect after its adoption by the City Council and shall be retroactive to July 1, 2023.

PASSED, APPROVED, AND ADOPTED this 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
113

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT:

A PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-002) FOR A 0.79-ACRE PARCEL

OF LAND LOCATED AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D STREET

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving File No.

PUD22-002, the Laurel Avenue Townhomes Planned Unit Development, establishing development standards and design guidelines to facilitate a residential development located at the northeast corner of Laurel Avenue and D Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this action. Implementation of the Planned Unit Development (PUD) would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impact fees.

BACKGROUND & ANALYSIS:

On July 18, 2023, the City Council introduced and waived further reading of an Ordinance Approving a Planned Unit Development. On April 27, 2022, Tipping Development ﬁled a PUD application, File No. PUD22-002, in conjunction with a Tentative Tract Map, File No. PMTT22-014 (TTM 20534), and a Development Plan, File No. PDEV22-023, to facilitate construction of 28 townhomes.

The Project site is comprised of 0.79 acres of land located within the historic downtown at the northeast corner of D Street and Laurel Avenue. The Project site is developed with a paved public parking lot. On the same block, north of the Project site, are medical oﬃces and a surface parking lot and east of the Project site is a mixture of retail, commercial, oﬃce, and a restaurant that fronts onto Euclid Avenue. The block west of the Project site is partially developed with multiple-family residential uses and a parking lot, with the remainder of the block undeveloped. South of the Project site is developed with a vacant commercial building, paved surface parking lot, and 115
undeveloped land. Other surrounding land uses include oﬃce, multiple-family residential and paved surface parking lots.

The Ontario Plan Policy Plan (General Plan) speciﬁes that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development prior to the development of properties. In compliance with this requirement, the Applicant has submitted the Laurel Townhomes Planned Unit Development (included as Attachment A to the Ordinance), which is consistent with the vision, goals, and policies of the Policy Plan. A Planned Unit Development is comparable to a Speciﬁc Plan in that it establishes development regulations that are unique to a speciﬁc area. However, unlike a Speciﬁc Plan, a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

Key components of the Laurel Avenue Townhomes Planned Unit Development include the following:

Land Use and Development Regulations
— The MU-1 (Downtown Mixed Use) zoning district
allows for residential development at a density of 25.1 to 75 dwelling units per acre.

Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the PUD allows for development of 19 to 59 dwelling units, with a maximum building height of 38 feet (3 stories) and up to 45 feet for architectural projections.

Landscaping
— The landscaping concept is centered around the use of sustainable and low water use plant materials. As an example, varying species of evergreen and deciduous trees with interest in form and foliage color may be integrated in the landscape design. Pattern and planting should accentuate the common open space areas and create a visible connection to pedestrian pathways and sidewalks. The PUD also requires the landscaping and irrigation be drought tolerant and meet the current Water Use Classiﬁcations of Landscape Species requirements.

Parking and Circulation
— In order to achieve the preferred density and building intensities, the PUD allows for a combination of on-site and on-street parking to provide an adequate parking supply to meet the anticipated parking demand for the Project. All resident parking will be provided on site, while guest parking spaces will be provided on-street. The Project site is located within a mixed-use area where on-street parking is available along the Project frontage and on surrounding blocks.

Access to Mass Transit
— An existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identiﬁed as the future West Valley Connector Bus Rapid Transit (BRT).

Architectural Character
— The PUD includes architectural design guidelines speciﬁc to the downtown location and residential building type and establishes the following design principles: 1) c
reate an architectural character that reﬂects the various styles within the historic downtown by using similar proportions, building details and building material; 2) n ew
buildings should appear to ﬁt in contextually with existing historic buildings by using similar proportions, articulation, building details and building material; 3) the overall character should feel like a modern interpretation of a traditional American small town; and, 4) create compatibility between the mixed-use architecture and the residential architecture within the 116
downtown area. The introduction of unifying elements such as similar materials and colors should be considered. However, “sameness” is discouraged.

On June 27, 2023, the Planning Commission conducted a public hearing to consider the Project and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission voted (5-0) to approve Resolution PC23 -045,
recommending that the City
Council approve the Laurel Avenue Townhomes Planned Unit Development. At the same meeting, the Planning Commission approved the related Tentative Tract Map and Development Plan contingent upon City Council approval of the PUD.

HOUSING ELEMENT COMPLIANCE:

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

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE:

ENVIRONMENTAL REVIEW:

The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-ﬁll Development Projects) of the CEQA Guidelines, and meets all of the following conditions:

The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

The proposed Project is located within the Downtown Mixed-Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU-1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district and the related proposed Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac.
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The proposed development occurs within city limits on a project site of no more than ﬁve acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.79-acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, retail, and commercial land uses.

The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area that has been fully developed with a paved surface for vehicular parking, and as such is not suitable habitat for any endangered, rare, or threatened species. Additionally, the site has not been identified on federal or state designation map.

Approval of the Project would not result in any signiﬁcant eﬀects relating to traﬃc, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district. The Project would not result in any signiﬁcant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the Air Quality and GHG and Traﬃc analysis and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project.

The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-002, A PLANNED UNIT

DEVELOPMENT TO ESTABLISH DEVELOPMENT AND PERFORMANCE
STANDARDS AND DESIGN GUIDELINES FOR 0.79-ACRES OF LAND

LOCATED AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D
STREET WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND
MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1048-354-12 AND 1048-354-13
WHEREAS, Tipping Development ("Applicant") has filed an Application for the approval of a Planned Unit Development (“PUD”), File No. PUD22-002, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 0.79 acres of land located at the northeast corner of Laurel Avenue and D Street, at 420 West D Street, within the LUA-1 (Euclid Avenue Entertainment) of the MU-1 (Downtown Mixed Use) zoning district, and is presently improved with a paved public parking lot; and WHEREAS, on the same block, north and east of the Project site are located within the MU-1 (Mixed Use Downtown) zoning district and is developed, with medical offices and a surface parking lot to the north, and a mixture of retail, commercial, office and a restaurant that fronts onto Euclid Avenue to the east. The block west of the Project Site is located within the HDR-45 (High Density Residential) zoning district and is developed with multiple-family residential and a parking lot and the remainder of the block is undeveloped. South of the Project site, within the MU-1 (Mixed Use Downtown) zoning district, is developed with a vacant commercial building, paved surface parking lot, and undeveloped land; and
WHEREAS, an existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT); and
WHEREAS, the MU-1 (Downtown Mixed Use) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the Laurel Avenue Townhome PUD allows for residential development of 19 to 59 dwelling units, with a maximum building height of 38 feet (3 stories) and up to 45 feet for architectural projections; and WHEREAS, the PUD requires a minimum of 1 resident parking space per bedroom and 0.20 guest parking per dwelling unit; and
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WHEREAS, in order to achieve the preferred density and building intensities, the PUD allows for a combination of on-site and on-street parking to provide an adequate parking supply to meet the anticipated parking demand for the Project. All resident parking is provided on site, while guest parking is allowed on-street; and WHEREAS, the PUD includes architectural design guidelines, specific to the downtown location and mixed-use building type, and establishes the following design principles:
(a) Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material. (b) New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material. (c) The overall character should feel like a modern interpretation of a traditional American small town; and
(d) Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
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WHEREAS, on June 27, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC23-045, recommending the City Council approve the Application; and
WHEREAS, on July 18, 2023, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all of the following conditions:
(a) The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU- 1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district and the related proposed Laurel Avenue Townhome Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.79- acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, retail, and commercial land uses. (c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area that has been fully developed with a paved surface for vehicular parking, and as such is not suitable habitat for any endangered, rare, or threatened species. Additionally, the site is not identified on federal or state designation map.
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(d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1/LUA-1 (Downtown Mixed Use/Euclid Avenue Entertainment) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the Air Quality and GHG, Traffic analysis, and Parking Studies, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project; and (e) The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

The City Council has required certain safeguards through conditions of approval, which have been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Laurel Avenue Townhomes PUD area is situated in the heart of Ontario’s downtown and is adjacent to residential and commercial land uses and development. The surrounding development supports the objective of the Laurel Avenue Townhomes PUD further residential development. The Project does not affect the harmonious relationship with adjacent properties and land use. (4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed Laurel Avenue Townhomes PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage.

Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development. (5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The Laurel Avenue Townhomes PUD will establish minimum building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards will facilitate the residential development of 28 townhomes, parking facilities and private and common open space areas. The proposed Laurel Avenue Townhomes PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.
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SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Application, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 5: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

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

SECTION 7: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 8: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9: 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 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
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ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3257 was duly introduced at a regular meeting of the City Council of the City of Ontario held July 18, 2023 and adopted at the regular meeting held August 15, 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. 3257 duly passed and adopted by the Ontario City Council at their regular meeting held August 15, 2023 and that Summaries of the Ordinance were published on July 25, 2023 and August 22, 2023, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PUD22-002;
Laurel Avenue Townhomes PUD
(Document follows this page)
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File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|1

LAUREL AVENUE TOWNHOMES

PLANNED UNIT DEVELOPMENT

ONTARIO, CALIFORNIA
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File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|2

TABLE OF CONTENTS

1. INTRODUCTION ....................................................................................................4 Figure1-1: Aerial Map
Figure 1-2: Site Plan

2. OBJECTIVES ............................................................................................................ 7 The Ontario Plan

2.1 Land Use Element Goals and Policies

2.2 Housing Element Goals and Policies

2.3 Community Design Element Goals and Policies

2.4 Center City Redevelopment Plan Objectives

2.5 Laurel at D Townhomes Objectives
Figure2-1: Downtown Land Use District Map

3. LAND USE PLAN ................................................................................................. 12

3.1 Land Use Plan/Allowable Uses
Figure3-1: Land Use District Map [Exhibit LU-1 Land Use Plan of TOP]

3.2 Residential Use

3.3 Permitted Uses List

4. DEVELOPMENT REGULATIONS ..................................................................... 14

4.1 Project Density

4.2 Building Height

4.3 Building Setbacks
Table 4-1: Minimum Building Setbacks

4.4 Access

4.5 Open Space

4.6 Landscaping

4.7 Screening
Figure 4-1: Landscape Planting
Legend
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File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|3

5. PARKING AND CIRCULATION ........................................................................ 19

5.1 Site Accessibility

5.2 Vehicle Circulation

5.3 Pedestrian Circulation

5.4 Access to Mass Transit

5.5 Public Right of Way Improvements

5.6 Infrastructure

5.7 Parking
Table 5-1: Minimum Parking Requirements

6. DESIGN GUIDELINES ......................................................................................... 22

6.1 Building Orientation and Streetscapes

6.2 Architectural Character

6.3 Architectural Details

6.4 Materials and Colors

6.5 On-Site Lighting

7. ADMINISTRATION ............................................................................................. 24

8.1 Items Not Addressed in PUD

8.2 Development Plan Applications

8.3 Administrative Exceptions
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File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|4

1. INTRODUCTION
This document is intended to function as a set of planning and design principles, development regulations and performance standards to guide and govern the development of an infill area of approximately 0.79-acres of land which currently serves as a surface public parki ng lot within a developed area. The d evelopment is comprised of 2 adjoining properties and an alley that runs west east. The site is located at the northeast corner of N. Laurel Avenue and W. D Street. (see Figure 1.1 Project Location Map).

The project site is located within The Ontario Plan Downtown Mixed Use Land Use District and the MU-1 (Mixed Use Downtown) zoning district which requires the establishment of a Planned Unit Development (PUD) prior to development. The Planned Unit Development (PUD) is set forth in the Ontario Development Code Section 4.01.030 (Planned Unit Development (PUD) and Amendments). The Laurel at D Townhomes Planned Unit Development (PUD) will provide development standards unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply.

City staff and private developers shall rely on this PUD to determine whether precise plans for Development will be adequate and will meet the City’s land use and design objectives. 131
File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|5
Figure1-1: Project Location
Map

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File No. PUD22-002 LAUREL AVENUE TOWNHOMES Page|6
Figure1-2: Site Plan

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2. POLICY OBJECTIVES
The Ontario Plan, which includes the City’s General Plan (Policy Plan), designates the project area as part of the Downtown Mixed Use District (see Figure 2-1: Downtown Land Use District Map).

The Downtown Mixed Use District designation requires approval of a Planned Unit Development (PUD) to develop the proper ty. Additionally, the designation specifies a residential density range of 25.1-75 units per acre and a maximum floor area ratio (FAR) of 2.0 for office and retail uses.

The Ontario Plan goals and policies furthered by this Planned Unit Development are as follows:

2.1. Land Use Element Goals and Policies
a. LU1–Balance. A community that has a spectrum of housing types and price ranges that match the jo bs in the city and that make it possible for people to live and work in Ontario and maintain a quality of life.
a. LU1-1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, and foster the development of transit.
• The PUD supports the goal by providing housing in the downtown core to maximize existing infrastructure, promote walkability to services, and support transit.
b. LU2–Compatibility. Compatibility between a wide range of uses. a. LU2-2 Buffers. We require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur. • The PUD takes into consideration the existing uses on the surrounding properties and provides privacy buffers with decorative masonry walls, landscaping and setbacks.
c. LU3 – Flexibility. Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision. a. LU3-1 Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision.
• The PUD implements the flexibility anticipated by city development standards.

2.2. Housing Use Element Goals and Policies
a. H1– Neighborhoods and Housing. Stable neighborhoods of quality housing, ample community services and public facilities, well-maintained infrastructure, and public safety that foster a positive sense of identity.
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a. H1-4 Historical Preservation. We support the preservation and enhancement of residential structures, pr operties, street designs, lot configurations, and other reminders of Ontario’s past that are considered to be local historical or cultural resources.
• The PUD will ensure the architectural design and elements complement the existing historic structures surrounding the project. b. H2 – Housing Supply and Diversity. Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario. a. H2-5 Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices and other best practices. • The PUD will ensure the architectural enhancements complement the existing historic setting of the project location.
b. H2-6 Infill Development. We support the revitalization of neighborhoods through the construction of higher -density residential developments on underutilized residential and commercial sites.
• The PUD implem ents higher density residential use within the downtown core to support nearby businesses and assist in area revitalization.

2.3. Community Design Element Goals and Policies
a. CD1 – Image and Identity. A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.
a. CD1-1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while rec ognizing the diverse character of our existing viable neighborhoods. • The PUD supports the policy goal by incorporating a diverse urban housing type into the downtown core.
b. CD1-2 Growth Areas. We require development in growth areas to be distinctive and uni que places within which there are cohesive design themes.
• The PUD will ensure the architectural enhancements complement the existing historic setting of the project location.
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b. CD2 – Design Quality. A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct. a. CD2-1 Quality Architecture. We encourage all development projects to convey visual interest and character through:
• building volume, massing, and height to provide appropriat e scale and proportion;
• a true architectural style which is carried out in plan, s ection and elevation through all aspects of the building and site design and appropriate for its setting; and
• Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.
• The PUD will ensure that architectural features and fini shes which convey a particular style will be implemented to complement the existing historic setting of the project location.

2.4. Laurel Avenue Townhomes Project Objectives
This Planned Unit Development provides guidelines for development of the project area. The following objectives are intended to provide a genera l framework for establishing development standards to ensure proper development of the project area. a. Develop high quality housing
b. Establish appropriate relationships among new residential neighborhoods as well as with adjacent land use
c. Provide area of private and passive open space with each unit to include private balconies and roof decks.
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Figure2-1: Downtown Growth
Area Map
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3. LAND USE PLAN

3.1. Land Use Plan/Allowable Uses

The Project site is located within the Downtown Mixed Use Area Policy Plan (General Plan) land use district, and the LUA-1 (Euclid Avenue Entertainment District) land use of the MU-1 (Downtown Mixed-Use) zoning district, which implements the Downtown Mixed Use growth area. The MU-1 zoning district was established to accommodate, and intensive mixture of vertical and horizontal retail and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25.1 to 75 dwelling units per acre. Development projects within the MU-1 zoning district are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area.

Consistent with the intent of the Downtown Mixed Use Area and the MU-1 zoning district, the project site is suitable for multiple family residential development. Exhibit 3.1 MU-1 (Mixed Use Downtown) depicts the zoning designation.

Figure 3-1:MU-1 (Mixed Use Downtown) Zoning District Map

Project Area: Adjacent Uses:

Mixed Use High Density Residential

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3.2. Residential Use
The project site is envisioned to be developed with attached walk-up row town townhomes units and may have multiple buildings consisting of two to eight units each. All units will be three story in height and have private garages on ground floor with direct access to the upper living areas on the second and third floor levels. All units will have private open space provided by a balcony and the 2-bedroom units will have private roof top decks.

3.3. Permitted Uses List
The Permitted Land uses within the Laurel Avenue Townhomes Planned Unit Development (PUD) are as follows:
a. Multiple family residential dwellings
b. Temporary uses as permitted within the residential districts of the City of Ontario Development Code subject to an Administrative Permit. c. Other land use compatible with multiple family residential development projects, as determined by the Zoning Administrator.

Uses may be prohibited through re ntal contracts and agreements as provided by the owner and project management, unless prohibited by Federal, State or local laws.

4. DEVELOPMENT REGULATIONS

4.1. Residential Density
Residential density range shall be 25.1 to 75 dwelling units per acre. The project area consists of

0.79 acres of land which requires a minimum of 19 dwelling units and a maximum of 59 dwelling units

4.2. Building Height
No structure shall exceed 38 feet in height, except that the maximum height may be exceeded by roof mounted equipment, architectural projections, chimneys, elevator towers, parapet walls and any other rooftop structures up to 45 feet. No roof top equipment shall be visible from anywhere on the project site, public streets or adjacent properties, and shall be fully screened with appropriate architectural parapet walls or appropriate roof treatments. Roof mounted equipment shall not exceed the height of the structures and appurtenances used to screen the equipment.

Roof mounted AC equipment shall be located on roof decks and screened from views from surrounding units and properties.

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4.3. Building Setbacks
Table4-1: Minimum Building Setbacks

Minimum Street Setbacks: Distance
 Laurel Avenue 5 FT
 D Street 5 FT
 Alley 3 FT
Interior Side Setback 5 FT
Rear Setback 5 FT
Porches, Patio Covers, and Similar Architectural
Projections**
4 FT
Minimum Building Separation (garage to garage) 30
FT
Minimum Building Separation (side to side/ front to front) 10 FT/22 FT **No projection may encroach into any required easements

All setbacks shall be measured from the ultimate property lines. Placement of buildings, structures, fences, walls, utility facilities, yards etc. will be based on the streets right -of-way and the property line dimensions.

4.4. Access

Project access is allowed from D Street and the easterly alley . The D Street e ntrance should be considered the primary access and shall be enhanced with landscape, decorative pony walls, lighting, and with signage.

4.5. Open Space
Open space shall be provided for the passive and the active recreation opportunities within the project site. Two types of open space are required, private and common open space. Open space areas are for the use of the on- site residents and their guests. Required street setback areas are not counted towards the common open space requirements. Total open space per unit including private and common areas shall be a minimum of 345 square feet.

Private Open Space
Private open space shall be provided for each residential unit in order to provide private outdoor areas which can be enjoyed for the exclusive use by the occupant of the residential unit and their guests. Private open space can include balconies, patios, and roof decks or in any combination thereof.

Private open space shall be provided for all residential units and shall have direct access from each residential unit. Residential units shall have a minimum balcony or usable patio size of 45 square feet with a 6-foot minimum dimension for one bedroom units and 60 square feet minimum for 2- 140
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bedroom units. If roof decks are designed as part of the project, the minimum size of shall be 140 square feet. The minimum private open space per unit shall be 150 square feet over the project average.

Common Open Space
Common Open Space shall be provided to allow for both passive and active types of recreation, along with the site landscape amenities. These areas are for use by project residents and their guests. A minimum of one recreation area is required and can be provided by an outdoor lounge area covered under a wood pergola equipped with barbeque and granite counter tops, table, chairs, and sofa. Required common open space is 195 square feet per unit.

Areas not considered in common open space include (1) driveway and parking areas; (2) parking area landscapin g; (3) street setback areas; and (5) other areas less than 10’ in dimension not intended for active or passive recreation.

4.6. Landscaping
A conceptual landscape plan shall be submitted with each Development Plan within the Laurel Avenue Townhomes PUD area. The plan shall specify all landscape and hardscape elements for the development plan site. Detailed Landscape and Irrigation plans shall be required prior to the issuance of building permits. The detailed plans shall show location of ground mounted utility boxes and equipment, along with the methods of screening for these items from the public right -of-way and adjacent residences where possible (see Figure 4-1: Conceptual Landscape Planting Legend).

The Landscape and irrigation plan shall be designed with wa ter conservation in mind, utilizing “California friendly” species and drought tolerant planting materials and meet the minimum requirement of 15 percent of site coverage. The landscaping and irrigation shall comply with the Water Conservation in Landscaping Act of 2006 (AB 1881), commencing with the California Government Code Section 65591.

4.7. Screening
General Requirements
a. All roof and ground mounted mechanical equipment shall be screened pursuant to the requirements of the Ontario Development Code. b. Screening shall include plant and building materials compatible with the project design so it is well integrated and hidden within the project area. c. Building and plant materials used for screening shall be compatible with the architectural style and planting palette used on the project area. d. All ground level screening shall comply with the requirements of the Ontario Development Code Section 6.02.030 (Protection of Intersection Visibility).
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Fences, Walls, and Hedges
Fences, walls and hedges shall comply with Section 6.02.030 (Protection of Intersection visibility) of the Ontario Development Code, Engineering Department corner sight distance standards, and all other applicable city standards. Fences and wall shall be made of decorative materials that are compatible with and enhance the overall architectural character of the project. All fences, walls and hedges shall be in scale with the development, and shall be used for screening, site enhancement, and creating a safer living environment for residents and their gues ts. All decorative walls, monuments, and/or other similar features shall not encroach into the public street right of way.

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Figure4-1: Conceptual Landscape Planting
Legend

4.8. Site Accessibility
The site shall be designed to promote safety for residents by only allowing limited vehicular and pedestrian access into and across the site. This can be achieved through building orientation and placement and use of proper fences and gates to limit access to residents and their guests.

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4.9. Vehicle Circulation
The project site shall be designed to accommodate parking access to private garages to ensure accessibility. Vehicular circulation shall be designed in a manner that promotes pedestrian safety and proper vehicular access through the site.

4.10. Pedestrian Circulation
Site design must provide for safe pedestrian circulation across the project site by separating the pedestrian areas from the vehicular access. This includes, but is not limited to, accessibility from unit entries to site amenities, and perimeter sidewalk areas through use of paseos and dedicated pedestrian pathways. Fencing and gates maybe used to limit public access to resident-only areas.

Pedestrian circulation to designated dwelling units and amenity areas shall be in conformance with applicable state and local accessibility requirements.

4.11. Access to Mass Transit
Proposed Development Project within the PUD area should encourage the use of the existing bus stops by providing pedestrian connections to westbound line Omnitrans Route 83 with a bus stop located on the northwest corner of Euclid Avenue and D Street.

4.12. Public Right-of-Way Improvements
The public right-of-way shall be improved with the development of the site as required by the City.

The public right-of-way improvements required are to include, but are not limited to the following:
street pavement, curb & gutter, parkway landscaping, parkway irrigation, public sidewalk, traffic signing and striping, streetlights, bus stop, bus shelter and amenities. The extent of the required improvements shall be determined with development plan or tentative map approval.

4.13. Infrastructure
There are existing water mains in D Street. Laurel Avenue, and the alley, all fronting this project.

The alley water main will be upsized from E Street to D Street. The water main in D Street will be upsized from Laurel Avenue to Euclid Avenue. There is currently an existing sewer main in the alley between E Street and D Street. Said sewer main will be abandoned and a new sewer main will be installed in Laurel Avenue, connecting to an existing main in the alley between D Street and C Street. A new sewer main will be installed in D Street from Laurel Avenue to the point of connection required for this project. The existing sewer main traversing the project will be abandoned.

4.14. Parking Requirements
All parking space size and location requirements shall conform to the standards set forth in Section 6.03.045 (Off-Street Parking Standards) of the Ontario Development Code.

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On-site Parking Requirements
The number of parking spaces provided is based on the number of bedrooms contained within each of the dwelling units proposed, and is subject to the following requirements. a. All required resident parking spaces shall be provided on -site, except fractional spaces may be provided off-site;
b. Resident parking shall be provided in enclosed garages. c. Each dwelling unit is intended for occupancy by one family only, regardless of bedroom size(s) provided in a particular unit. Parking for dwellings shall be provided on-site and guest parking may be provided on- street and off- site.

Table5-1: Minimum Parking Requirements

Use Parking Spaces Required
Multi-Family Dwellings:
• Residential units 1 parking spaces per bedroom (in a garage) • Visitor 0.2 parking spaces per unit

Off-site Parking Requirements
On-street or off-site parking may be utilized to satisfy guest parking requirements, subject to the following conditions:
a. On-street parking shall not be used for required resident parking. b. On-street parking shall only be counted along the public streets surrounding the project site, on the side of the public streets adjoining the project, excluding the alley to the east of the site, and in ne arby public parking lots.
c. On-street parallel parking spaces shall be calculated by the length of unobstructed curb adjacent to the project site.

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2. DESIGN GUIDELINES

Specific to the downtown location and residential building type this PUD establishes the following design principles:
a. Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material.

b. New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.

c. The overall character should feel like a modern interpretation of a traditional American small town.

d. Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged.

2.1. Building Orientation and Streetscapes
Building orientation shall be designed to minimize noise impacts, aide in providing site safety, create proper accessibility to unit entries and parking garages. Design should enhance views from residential units while prioritizing privacy for all tenants. Parkways should be landscaped and buildings frontages should be orientated towards the street and public sidewalk and feature should have raised stoops and enclosed at-grade patio entries.

2.2. Architectural Character
The architectural style and design can be a “modern” interpretation of a traditional or contemporary style. The design may have pitched or flat roofs to accommodate roof decks for private outdoor space. New buildings should appear to fit in contextually with existing historic downtown by using similar proportion, articulation, building details and building material.

2.3. Architectural Details
Architectural details should complement and enhance openings, and accentuate overall design of the buildings. Detailing can be achieved through the use of projections, articulation, and fenestration to create interesting exterior elevations. Windows at prominent locations should be recessed to create shadow line. Careful detailing is appropriate at the base of buildings, along cornices, eaves, parapets or ridge tops and around entries and windows.

2.4. Materials and Color
Materials and color scheme shall be compatible with, and complementary to the overall style of the development project and surrounding area. Buildings on the site may utilize a combination of light and dark colors or color blocking to provide articulation of the building planes. Materials should be a combination of 20/30 stucco, plaster, brick or stone veneer at the first floor, metal railings, and 146
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exterior awnings or other decorative projections. Features should appear to be an integral part of the building and not simply “tacked-on.” Introduction of new or “modern” materials such as stack stone should be avoided.

2.5. On-Site Lighting
Decorative light fixtures attached to the buildings shall be compatible with the architectural style of the buildings, shall be provided for this development. All other on-site lighting shall meet development standard of the Ontario Development Code.

2.6. Signage
Signs within the project area shall comply with the Division 8.01 (Sign Regulations) of the Ontario Development Code.

2.7. Off Site Improvements
All off-site improvements shall be installed in accordance with the City standards, and to the satisfaction of the City Engineering department.

3. ADMINISTRATION

3.1. Items Not Addressed in PUD
Any te rms, requirements, or regulations not addressed within this PLANNED UNIT DEVELOPMENT document shall be governed by the City of Ontario Development Code, and City Standards.

3.2. Development Applications
Development Plan approval, pursuant to the requirements of Ontario Development Code Section

4.02.025 (Development Plans), shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building. A Development Plan application shall be submitted to the Planning Department on a City application form pursuant to the requirements of Ontario Development Code Division 2.02 (Application Filing and Processing), commencing with Subsection B (Discretionary Permits and Actions) of Section 2.02. 015 (Application Processing Procedures).

3.3. Administrative Exceptions
Deviation from the development standards set forth i n this document may be granted up to a maximum of 10 percent by the Zoning Administrator. Any deviation that is greater than 10 percent shall require an amendment to this PUD.
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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: 24
SUBJECT:

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21- 008) BETWEEN THE CITY OF ONTARIO AND JH BRAY, LLC AND HCW LATHROP

INVESTORS, LLC

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving a Development Agreement (File No. PDA21-008) between the City of Ontario and JH Bray, LLC and HCW Lathrop Investors, LLC.

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 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. PDA21-008) 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 West Haven 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:

On July 18, 2023, the City Council held a public hearing to introduce and waive further reading of an Ordinance approving the Development Agreement (File No. PDA21- 008).

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, JH Bray, LLC, and HCW 148
Lathrop Investors, LLC, (collectively the "Applicant" or "Owner"), has requested that the City enter into negotiations to create a Development Agreement (Agreement).

The Agreement proposes to include 19.1 acres of land within the Planning Area 3 land use districts of the West Haven Speciﬁc Plan, as shown on the attached Exhibit "A." The Agreement grants the Applicant a vested right to develop Tentative Tract Map 20452 (Map), provided the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The Map, as shown on the attached Exhibit "B," is located approximately 1,300 south of the intersection of Riverside Drive and Haven Avenue and proposes to subdivide 19.1 acres into 111 numbered lots and 33 lettered lots for residential purposes, public/private streets, landscape neighborhood edges, and common open space purposes.

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.

In considering the Agreement at their meeting on June 27, 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 . PC23-050 with a
5 to 0 vote,
recommending City Council approval of the Agreement.

It is important to note, the Owner’s property is within the boundaries deﬁned in the Construction Agreement between the City and NMC Builders LLC (NMC Builders), and the property covered by the Construction Agreement is what is known as a “Phase 2 Water Property”. As such, Owner shall be required to provide funding for the City's future construction of the Phase 2 Water Improvements. Subsequent the July 18 public hearing, the Agreement was revised to include provisions related to the Phase 2 Water provisions and funding requirements, which were previously agreed to by NMC Builders and Owner.

ENVIRONMENTAL REVIEW
: An Addendum to West Haven Speciﬁc Plan Environmental Impact Report (State Clearinghouse No. 200471095), which was certiﬁed by the City Council on July 7, 2007, was prepared. 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.
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Exhibit A— WEST HAVEN SPECIFIC PLAN LAND USE MAP AMENDMENT (File No. PSPA21-004)

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Exhibit B— TENTATIVE TRACT MAP 20452

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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-008, A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND JB BRAY LLC

AND HCW LATHROP INVESTORS LLC, TO ESTABLISH THE TERMS
AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20452 (FILE NO. PMTT21-017), A 19.1 ACRE PROPERTY LOCATED
APPROXIMATELY 1,300 SOUTH OF THE INTERSECTION OF

RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN THE PLANNING
AREA 3 LAND USE DISTRICT OF THE WEST HAVEN SPECIFIC PLAN (FILE NO. PSP03-006), AND MAKING FINDINGS IN SUPPORT
THEREOF—APN: 0218-151-10.

WHEREAS, JB Bray LLC and HCW Lathrop Investors LLC ("Applicant") has filed an Application for the approval of a Development Agreement, File No. PDA21-008, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 19.1 acres of land located approximately 1,300 south of Riverside Drive and Haven Avenue, within Planning Area 3 land use district of the West Haven Specific Plan (File No. PSP03-006); and WHEREAS, the Applicant has submitted applications for a Specific Plan Amendment (File No. PSPA21-004) and Tentative Tract Map No. 20452 (File No.

PMTT21-017) for condominium purposes, to facilitate the potential development of 111 numbered lots and 33 lettered lots for residential purposes, public/private streets, landscape neighborhood edges, and common open space purposes; and WHEREAS, an Addendum to West Haven Specific Plan Environmental Impact Report (State Clearinghouse No. 200471095), which was certified by the City Council on July 7, 2007, was prepared. 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; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendations to the City Council on the subject Application; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
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WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, on June 27, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC23-050 recommending the City Council approve the Application; and
WHEREAS, on July 18, 2023, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in an Addendum to West Haven Specific Plan Environmental Impact Report (State Clearinghouse No. 200471095), for which a Certified EIR was adopted the City Council on July 7, 2007, was prepared. This application introduces no new significant environmental impacts; and
(2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the Planning Commission; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.
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SECTION 2. Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning Commission finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

SECTION 4. Airport Land Use Compatibility Plan ("ALUCP") Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
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(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision- making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2- 4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the DAB, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 5. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Development Agreement applies to approximately 19.1 acres of land located approximately 1,300 feet south of the intersection of Riverside Drive and Haven Avenue, within Planning Area 3 land use district of the West Haven Specific Plan (File No. PSP03-006); and
(2) The Development Agreement establishes parameters for the development of land within the West Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Countryside Specific Plan; and
(3) The Development Agreement grants the Applicant a vested right to develop Tentative Parcel Map 20452 (File No. PMTT21-017) as long as the Applicant complies with the terms and conditions of the West Haven Specific Plan and EIR. Tentative Tract Map 20452 is located approximately 1,300 feet south of the intersection of Riverside Drive and Haven Avenue, within Planning Area 3 land use district of the West Haven Specific Plan, and proposes to subdivide 19.1 acres of land into 111 numbered lots and 33 lettered lots for residential purposes, public/private streets, landscape neighborhood edges, and common open space purposes; and
(4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
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(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Policy Plan; and
(7) This Development Agreement will not be materially injurious or detrimental to the adjacent properties and will not have a significant impact on the environment or the surrounding properties. An Addendum to West Haven Specific Plan Environmental Impact Report (State Clearinghouse No. 200471095), which was certified by the City Council on July 7, 2007, was prepared; and
(8) 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.

SECTION 6. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described Development Agreement (File No. PDA21-008), attached hereto as "Attachment A," and incorporated herein by this reference. Approval of this Development Agreement is contingent upon City Council approving the following:
(1) West Haven Specific Plan Amendment (File No. PSPA21-004); and (2) EIR Addendum to the West Haven Specific Plan EIR (File No. PSP03-006).

If the City Council does not approve the West Haven Specific Plan Amendment (File No.

PSPA21-004) and EIR Addendum to the West Haven Specific Plan EIR (File No.

PSP03-006), this Ordinance shall become null and void and of no further force and effect.

SECTION 7. City Manager Administrative Authority . The City Council acknowledges that refinements and further development of the Ontario Ranch development area may demonstrate that changes are appropriate with respect to the details and performance of the parties under the Development Agreement. The City Council desires to retain a certain degree of flexibility with respect to the details of the Ontario Ranch developments, and with respect to those items covered in general terms under the Development Agreement. If and when the City Manager (or designee) and the Developer mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of the Development Agreement, and such are not materially inconsistent with the Development Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications by written amendment to this Agreement, or through one or more memoranda which are mutually approved by the City Manager on behalf of the City and by the Developer, and, after execution, shall be attached to the Development Agreement and become a part thereof. Unless otherwise required by law, no such changes, adjustments, or clarifications shall require prior notice or hearing before the City Council. The City Manager, with the approval of the City Attorney, shall have the authority but not the obligation to execute amendments, memoranda or other documents, and may take any action necessary to implement the Development Agreement.
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SECTION 8. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 10. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 11. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 12. 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 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
157
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
158

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. 3258 was duly introduced at a regular meeting of the City Council of the City of Ontario held July 18, 2023 and adopted at the regular meeting held August 15, 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. 3258 duly passed and adopted by the Ontario City Council at their regular meeting held August 15, 2023 and that Summaries of the Ordinance were published on July 25, 2023 and August 22, 2023 in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

FILE NO. PDA21-008

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
JH Bray LLC
a Delaware limited liability company
HCW Lathrop Investors LLC
a Delaware limited liability company
(Development Agreement follows this page)
160

45774.0021C\7810652.1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only

FILE NO. PDA21-008

DEVELOPMENT AGREEMENT

By and Between

City of Ontario
a California municipal corporation

and

JH Bray LLC
a Delaware limited liability company

HCW Lathrop Investors LLC
a Delaware limited liability company

_________________________, 2023

San Bernardino County, California
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DEVELOPMENT AGREEMENT NO. PDA21-008
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2023 by an d among the City of Ontario, a California municipal corporation (hereinafte r “CITY”), and JH Bray LLC, a Delaware limited liability company, and HCW Lathrop Inve stors LLC, a Delaware limited liability company (collectively hereinafter “OWNER”):

RECITALS
WHEREAS, CITY is authorized to ent er into binding development agreements with persons having legal or equitable interest s in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obli gations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City C ouncil and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citi zens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the proc edures of the California Environmental Quality Act have been met with respect to the Projec t and the Agreement in that West Haven Specific Plan (State Clearinghouse No. 2004071095 (the “FEIR”). The City Council found and determined that the FEIR was prepar ed in accordance with the requirements of the California Environmental Quality Act and adequately des cribes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Projec t are consistent with the CITY’s Comprehensive General Plan and the West Haven Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
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WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of t he Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for whic h development agreem ents under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in t he future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

WHEREAS, the Property is located in an area of the City of Ontario that has been known as the “New Model Colony” area and the New Model Colony area has now been renamed as “Ontario Ranch.”
WHEREAS, the property developer/ow ners are made aware of the South Archibald Trichloroethylene (TCE) Plume Disc losure Letter (Exhibit “G”). Property owner may wish to provide the attached Let ter as part of the Real Estate Transfer Disclosure requirements under California Civi l Code Section 1102 et seq. This may include notifications in the Covenants, Condi tions and Restrictions (CC&Rs) or other documents related to property transfer and di sclosures. Additional information on the plume is available from the Santa Ana R egional Water Quality Control Board at http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000004658.

WHEREAS, Owner’s Property is within the boundaries defined in Exhibit A of the Construction Agreement between the CITY and NMC Builders and the Property covered by this Agreement is what is known as a “Phase 2 Water Property” as such, shall be required to provide funding for CITY’s fu ture construction of the “Phase 2 Water Improvements” which will result in the availability of additional Net MDD Water Availability required for the development as shown on Exhibit “I-1”.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreem ent shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.

1.1.3 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an 163
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Easterly Portion of the New Model Col ony, entered into between the CITY and NMC Builders as of the 4th day of Oct ober, 2005, and all am endments thereto and “Construction Agreement Amendment” m eans that First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Mo del Colony entered into between the CITY and NMC Builders as of the 21st day of August 2012.

1.1.4 “Development” means the improvem ent of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whet her located within or outside the Property; the construction of buildings and structures ; and the installation of landscaping. “Development” does not include the main tenance, repair, reconstruction or redevelopment of any building, st ructure, improvement or fac ility after the construction and completion thereof.

1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and s pecific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review;
(d) conditional use permits (includi ng model home use permits), public use permits and plot plans;
(e) zoning;
(f) grading and building permits.

1.1.6 “Development Exacti on” means any requirement of CITY in connection with or pursuant to any Land Use Regulat ion or Development Approval for the dedication of land, the construction of improv ements or public facilit ies, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether char acterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc bas is, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agr eement only, includes fees collected under development agreements adopted pur suant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, For purposes of this Agreement only, 164
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"Development Impact Fee" shall not includ e processing fees and charges imposed by CITY to cover the estimated actual cost s to CITY of processing applications for Development Approvals or for monitoring co mpliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with t he local agency formation commission or conducting preliminary proceedings or pr oceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; th e processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of C hapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Secti on 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement.

1.1.8 “Development Plan” means the Ex isting Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 “Effective Date” means the date t hat the ordinance approving this Agreement goes into effect.

1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued prior to t he Effective Date. Existing Development Approvals includes the Approvals incorpor ated herein as Exhibit “C” and all other Approvals which are a matter of public record on the Effective Date.

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D” and all other Land Use Regulations that are in effect and a matter of public record on the Effective Date.

1.1.12 “General Plan” means the Ge neral Plan adopted on August 16, 2022.

1.1.13 “Improvement” or “Improve ments” means those public improvements required to support the developm ent of the Project as described in the Tract Map conditions for Tract No. 20452 as further described in Exhibit “E” and depicted in Exhibit “F” (the “Infrastructure Improvements Exhibit”).

1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the dev elopment and use of land, including, without limitation, the permi tted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for re servation or dedication of land for public 165
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purposes, and the design, improvement and c onstruction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other securi ty-device lender, and their successors and assigns.

1.1.16 “Net MDD” means net maximum daily water demand.

1.1.17 “NMC Builders” means the consortium of investors and developers responsible for the construction of infrastructure within the New Model Colony incorporated as NMC Builders, LLC.

1.1.18 “Model Units” means a maximum of fifteen (15) model units, private common recreation facilities and sales facili ties constructed by OWNER prior to the construction of any Production units and not offered for sale and occupancy for a period of time after the issuance of permits for Production Units.

1.1.19 “OWNER” means the persons and entities listed as owner on page 1 of this Agreement and their per mitted successors in interest to all or any part of the Property.

1.1.20 “Phase 2 Water EDUs” means the number of equivalent dwelling units or non-residential square footage assi gned to OWERN upon payment to CITY of the Phase 2 Water Participation Fee for th e Project and evidenced by the issuance by CITY of a Certificate of Phase 2 Net MDD Availability in the form attached as Exhibit “G”. 1.1.21 “Phase 2 Water Improvements” means the future wa ter infrastructure Improvements required for the issuance by CITY of the “Water Availability Equivalents” (WAE) for the Project.

1.1.21 “Phase 2 Water Participation Fee” means the fee paid to City upon City approval of the first Development Entitlem ent for the Project, to fund the Property’s respective share of the projected costs of the design and construction of the Phase 2 Water Improvements by City. The Phase 2 Water Participation Fee shall be the calculated amount of the Regional Water DI F for the Project based upon the number of 166
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units, and land use category for residential un its or the number of square feet, and land use category for non-residential square footage of the Project.

1.1.20 22 “Production Unit(s)” means all units constructed for sale or lease and occupancy by OWNER and excludes t he specified number of Model Units constructed by OWNER for promotion of sales.

1.1.2123 “Project” means the development of the Property contemplated by the Development Plan, as such Plan ma y be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.2224 “Property” means the real prop erty described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.2325 “Reservations of Authority” m eans the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.2426 “Specific Plan” means that certai n specific plan adopted by the City Council, and entitled, “West Haven Specific Plan.”

1.1.2527 "Storm Water Treatment Capacity Availability” means a designated portion of the total Storm Water Treatment Capacity Availability made available through the completion of construction of a Phase of regional storm water treatment facilities by the NMC Builders LLC as described in t he Construction Agreement Amendment. The amount, in acres, of Storm Water Treatment Capacity Avai lability required for the issuance of a grading permit shall be based upon the factors and assumptions listed in the Construction Agreement Amendment.

1.1.2628 “Subsequent Development Approv als” means all Development Approvals required subsequent to the Effect ive Date in connection with development of the Property.

1.1.2729 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.1.2830 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available throug h the construction of each Phase described in the Water Phasing Plan of the Constr uction Agreement. The number of Water Availability Equivalents (of portions thereof ) required for the issuance of each building permit shall be based upon water demand factors and assumptions listed in the Construction Agreement and Constructi on Agreement Amendment as “Water Availability Equivalents by Land Use” for each land use category.

1.1.31 “Amendment to the Cons truction Agreement” means the amendment to the Construction Agreement modifying the bounda ries of the property in Exhibit A of such Construction Agreement to include the Property covered by this Agreement and to provide for the additi onal funds required for CITY’s future 167
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construction of the “Phase 2 Water Improvements” described in a modification to Exhibit C-3 of the Construction Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” — Legal Description of the Property.

Exhibit “B” — Map showing Property and its location.

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

Exhibit “E” — Description of Required Infrastructure Improvements Exhibit “F” — Depiction of Required Infrastructure Improvements Exhibit Exhibit “G” - Form of Certificate of Net MDD to be issued by CITY Exhibit “H” – Form of Certificate of DIF Credit to be issued by CITY Exhibit “I-1” – Ontario Ranch Water Supply Phasing Plan Exhibit “I-2” - Water Demand Equivalents by Land Use
Exhibit “J” - Form of Plume Disclosure Letter

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.2 Ownership of Property. OWNER r epresents and covenants that it is the owner of the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not ow n fee simple title to the Property, OWNER shall obtain written consent from the curr ent fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agr eement. The term of this Agreement may be extended for an additional fi ve (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 day s written notice to CITY prior to expiration of the initial term; and
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(b) In non-mixed use and residential use only projects, the OWNER shall have obtained, as applicable, building permits for at least seventy percent (70%) of the actual number of residential units permitted under this Agreement; and (c) OWNER is not then in uncu red default of this Agreement.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; prov ided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Ag reement and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume. OWNER may wish to provide the attached Disclosure Lett er (Exhibit G) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNE R shall notify CITY’s City Manager, in writing, of such sale, transfer or assi gnment and shall provide CITY with: (1) an executed agreement, in a form reasonably ac ceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned; and (2) the payment of the applicabl e processing charge to cover the CITY’s review and consideration of such sale, transfer or assignment. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchas er, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purc haser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, condi tionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which 169
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release shall be provided by CITY upon the fu ll satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assi gnee provides CITY with security equivalent to any security previously prov ided by OWNER to secure performance of its obligations hereunder.

2.4.3 Effect of Assignm ent and Release of Obligations. In the event of a sale, transfer or assignment pursuant to the provisions of Section 2.4.2 above:
(a) The assignee shall be liable for t he performance of all obligations of OWNER with respect to trans ferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the “Retained Property”). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
(c) The assignee’s exercise, use and enjoy ment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.

2.4.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfe r or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.4.5 Termination of Agreement with Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a peri od longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notw ithstanding any other provisions of this Agreement, this Agreement shall terminate wi th respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
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(b) A certificate of occupancy has b een issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be consider ed by the CITY only upon the payment of the applicable processing charge. This provisio n shall not limit any remedy of CITY or OWNER as provided by this Agreement. Ei ther Party or successor in interest, may propose an amendment to or cancellation, in w hole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For purposes of this secti on, the term “successor in interest” shall mean any person having a legal or equitable in terest in the whole of the Property, or any portion thereof as to which such person wi shes to amend or cancel this Agreement.

The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the firs t instance. Notwit hstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first gi ve notice to the OWNER of its intention to initiate such proceedings at least sixty (6 0) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.5.1 Amendment to Reflect Cons istency With Future Amendments to the Construction Agreement. To the extent any future amendment to the Construction Agreement provides for modifications to rights or obligations that differ from or alter the same or similar rights or obligations contained in this Development Agreement, OWNER reserves the right to request an amendment to the Development Agreement to reflect any or all of such modifications.

2.5.2 Minor Modification. Upon t he written application of OWNER, minor modifications and changes to the Development Plan including modifications to building design or footprint (not affecting mini mum setbacks), park and landscape area design may be approved by the Director of th e Planning Department without the need to amend this Development Agreement. Other changes in the Development Plan shall be processed pursuant to the City Zoning Ordinanc e. It is also contemplated by City and OWNER that OWNER may, from time to ti me, seek amendments to one or more of the Development Approvals. Any such amendments are contem plated by City and OWNER as being within the scope of this Ag reement as long as they are consistent with the Land Use Regulations and shall, upon approval by City, continue to constitute the Development Approvals as referenced her ein. The parties agree that any such modifications or amendments shall not consti tute an amendment to this Agreement nor require an amendment to this Agreement.

2.6 Termination. This Agreement shall be d eemed terminated and of no further effect upon the occurrence of any of the following events:
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(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum m easure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all requi red occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Proper ty. Upon the termination of this Agreement, no party shall have any further ri ght or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of t he provisions of this Agreement which has occurred prior to such termination or wi th respect to any obligations which are specifically set forth as surviving this Ag reement. Upon such termination, any public facilities and services mitigation fees paid pu rsuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on wh ich construction has not yet begun shall be refunded to OWNER by CITY.

2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limi tation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as eit her registered or certified mail with return receipt requested, and postage and postal c harges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY:

Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:

Derek Barbour
Richland Communities
3161 Michelson, Suite 425
Irvine, CA 92612
[email protected]

with a copy to:

Ruben Duran, City Attorney
with a copy to:

Richland Legal Dept.
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Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761

c/o John Troutman
3161 Michelson, Suite 425
Irvine, CA 92612
[email protected]

(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to t he terms of this Agreement including the Reservations of Authority, OWNER shall hav e a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approv als required to complete the Project as contemplated by the Developm ent Plan. Except as otherwise provided in this Agreement, the permitted uses of the Proper ty, the density and intensity of use, the maximum height and size of proposed buildin gs, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Re gulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies gov erning permitted uses of the Property, the density and intensity of use of the Property, the maximu m height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property s hall be the Existing Land Use Regulations.

In connection with any Subsequent Devel opment Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

3.3 Timing of Development. The parti es acknowledge that OWNER cannot at this time predict when or the rate at wh ich phases of the Property will be developed.

Such decisions depend upon numerous factors wh ich are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the Ca lifornia Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that defic iency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.
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3.3.1 Infrastructure Improvement Exhibit. Attached hereto as Exhibits “E” and “F” are a description and depiction, respec tively, of the improvements needed for the development of the Property. In the event of any discrepancy between Exhibit E and Exhibit F, Exhibit F shall control.

3.4 Requirement for Public Infrastructu re Improvements. Development of the Property is contingent in par t on the phasing of area-wide infrastructure improvements over which the OWNER has control. The issuance of building permits by CITY for Model Units and Production Units is, in general, contingent on OWNER’s completion of needed infrastructure improvem ents and the availability of improvements and services to serve the Property.

3.4.1 Attached hereto as Exhibit “E” and Exhibit “F” are the description and depiction of the infrastructure impr ovements needed for the development of the Property (“the Infrastructure Improvement Exhibit”).

3.4.2 Subject to the prior submittal by OWNER and approval by CITY of a plan to provide sufficient public infrastruc ture for the constr uction of a maximum number of fifteen (15) Model Units, private common recreation facilities and sales facilities. CITY may issue a maximum of fifteen (15) building permits for Model Units, private common recreat ion facilities and sales facilities. The plan to be submitted by OWNER for CITY approval shall describe the utilities and other infrastructure necessary to provide su fficient fire protection and other public health and safety requirements for the Model Units and other facilities.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will requ ire Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effe ctuate such change and CI TY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority.

If approved, any such change in the Exis ting Development Approvals shall be incorporated herein as an addendum to Exhibi t “C” and may be further changed from time to time as provided in this Secti on. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of t he Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, 174
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(d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requi ring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CI TY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from deny ing or conditionally approving any subsequent development project applicati on on the basis of such new rules, regulations and policies where the new rule s, regulations and policies consist of the following:

(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;

(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;

(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan;

(d) Regulations that may conflict with this Agreement and the Development Plan but that are reas onably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety;

(e) Regulations that do not conflic t with those rules, regulations and policies set forth in this Agreement or the Development Plan;

(f) Regulations that may conflict with this Agreement but to which the OWNER consents.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Deve lopment Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development 175
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Plan, nor shall this Agr eement prevent CITY from denying or conditionally approving any Subsequent Development A pproval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.

3.6.3 Modification or Suspension by Stat e or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of th is Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such la ws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OW NER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability fo r contesting such declaratory relief (or other similar non-monetary relief).

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by c ontract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be c onstrued, contrary to its stated terms if necessary, to re serve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works; Utilities. If OWNE R is required by this Agreement to construct any public works facilities which w ill be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and s ubject to the same requirements as would be applicable to CITY or such other pub lic agency should it have undertaken such construction. As a condition of develop ment approval, OWNER shall connect the Project to all utilities necessary to prov ide adequate water, recycled water, sewer, gas, electric, and other utility service to the Proj ect. As a further condition of development approval, OWNER shall contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such term s as may be available to similarly situated customers in the CITY.

3.7.1 OWNER agrees that development of the Project shall require the construction of storm drain improvements as described in Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the storm drain improvements, as described in Exhibit E and depicted in Exhibit F.
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3.7.2 OWNER agrees that development of the Project shall require the construction of street impr ovements and traffic signal(s), as described in Exhibit E and depicted in Exhibit F. OWNER agr ees that no building permits shall be issued by CITY for Production Units pr ior to completion of the street improvements and traffic signal(s), as described in Exhibit E and depicted in Exhibit F.

3.7.3 OWNER agrees that development of the Proper ty shall require the construction of water and recycled water improvements as described in Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to completion of the water and recycled water improvements as described in Exhibit E and depicted in Exhibit F. OWNER also agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses includi ng prior to, and during, any grading of the Property.

3.7.4 OWNER agrees that development of the Property shall require the construction of sewer improvements, as described in the attached Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Production Units prior to comp letion of the sewer improvements, as described in Exhibit E and depicted in Exhibit F.

3.7.5 OWNER agrees that development of the Property shall require the extension of fiber optic communicati ons improvements as described in the attached Exhibit E and depicted in Exhibit F. OWNER agrees that no building permits shall be issued by CITY for Produc tion Units prior to completion of the fiber optic communication improvements, as described in Exhibit E and depicted in Exhibit F.

3.7.6 OWNER agrees that development of the Property shall require the construction of the Southern California Edison (SCE) trail described in the attached Exhibit E and depicted in Exhibi t F. OWNER agrees that the occupancy of the last Production Unit with the property will not be released prior to completion of the trail improvements, as described in Exhibit E and depicted in Exhibit F. OWNER shall make their best reasonable efforts to receive right-of- way approvals or licenses from SCE and/or other agencies to complete the SCE trail improvements. OWNER shall provide periodic updates to CITY every ninety (90) days, or upon written request from the CITY.

3.8 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shal l cooperate in acquiring the necessary legal interest (“Offsite Proper ty”) in accordance with the procedures set forth in Section 2.4 of the Construction Agr eement. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to t he extent that the 177
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OWNER elects to proceed with the devel opment of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.8.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construc t any public improvements on land not owned by OWNER, but such requirem ent is not based upon the Construction Agreement, Sections 3.8.1 and 3.8.2 shall contro l the acquisition of the necessary property interest(s) (“Non-Construction Agreement Offsite Property”).

If the OWNER is unable to acquire such Non-Construction Agreement Offsite Property, and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non- Construction Agreement Offsite Property fr om the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Cons truction Agreement Offsite Property by negotiation within thirty (30) days a fter OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non- Construction Agreement Subject Proper ty at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering th e adoption of a resolution of necessity concerning the Non-Construction Agreem ent Offsite Property , subject to the conditions set forth in this Section 3.8. The CITY and OWNER acknowledge that the timelines set forth in this Section 3.8.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to comple te the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.8.2 Owner’s Option to Terminate Proc eedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CI TY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction Agreement Offsite Property , whereupon CITY shall cease such proceedings.

CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S in tent to consider the adoption of a resolution of necessity as to any Non-Co nstruction Agreement Offsite Property.

At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to ceas e condemnation proceedings, whereupon CITY shall cease such proceedings. If OW NER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the N on-Construction Ag reement Offsite Property resolution of necessity. If CI TY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint 178
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in condemnation and seek an order of imm ediate possession with respect to the Non-Construction Agreement Offsite Property.

3.9 Regulation by Other Public Agencie s. It is acknowledged by the parties that other public agencies not within the c ontrol of CITY possess authority to regulate aspects of the development of the Property sepa rately from or jointly with CITY and this Agreement does not limit the authority of su ch other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

3.10 Tentative Trac t Maps; Extension. With respect to applications by OWNER for tentative subdivision maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in acco rdance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY’s subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Se ction 66452.6 of the Government Code, each tentat ive subdivision map or tentativ e parcel map, heretofore or hereafter approved in connection with devel opment of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date of this Agreem ent. The CITY’s City Council may, in its discretion, extend any such map for an additi onal period of up to five (5) years beyond its original term, so long as the subdivider files a written request for an extension with the City prior to the expiration of the initial five (5) year term.

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agr ee that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agr eement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.

4.2.1 Amount of Developm ent Impact Fee. Devel opment Impact Fees (DIF) shall be paid by OWNER. The Developm ent Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public ag encies that are not controlled by CITY to impose and amend, from time to time, De velopment Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.
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4.2.2 Time of Payment. The Developm ent Impact Fees r equired pursuant to Subsection 4.2.1 shall be paid to CITY prio r to the issuance of building permit for each applicable residential or other unit, except for the Open Space and Habitat Acquisition Development Impact fee, wh ich shall be paid by OWNER to CITY prior to the issuance of a grading per mit. Deferral of the payment of Development Impact Fees may be grant ed pursuant to a separate agreement approved by City pursuant to City policy.

4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achieve ment of a park standard of 5 acres of parkland per 1,000 residents) OWNER sh all provide improved parks, developed in accordance with the City’s park standards in an amount equal to two (2) acres per 1,000 of projected population withou t credit, reimburse ment, offset or consideration from City. Such areas s hall either be dedicated to the City or transferred to a homeowners’ association. If approved by the City Manager, OWNER may satisfy this requirement through the development of non-public recreation facilities such as private recr eational clubhouses or pool facilities.

Credit for such private recreational facilit ies areas shall be limited to a maximum of 50% of the foregoing park development requirement. If OWNER’s Project does not provide dedicated and developed park acreage equal to two (2) acres per 1,000 projected population, OWNER s hall pay a fee in-lieu equal to the per acre estimated costs of acquisition a nd development of parkland in the City’s Development Impact Fee for the calculated park acreage deficiency, at the time the fee becomes due and payable to the City. Such in-lieu fee shall be due and payable prior to the issuance of the fi rst building permit for Production Units issued to OWNER. Any park dedication and/or improvements in excess of such two (2) acres per thousand standard, prov ided such park has been developed in accordance with the City’s park standar ds and is open to the public generally, shall entitle OWNER to a credit toward its obligations under the Quimby Act (Gov. Code, § 64477) and the City’s im plementing ordinance and/or resolution (collectively “Quimby Act Obligations ”), and to the extent OWNER’s Quimby Act Obligations are satisfied, OWNER s hall be entitled to have the City acquire such developed and publicly available par ks as Non-Program Interests in accordance with Section 4.3.3 below.

4.2.4 Parkland Required and Provided. Tr act Map No. 20452 includes ninety-five (95) single-family detached units and ninet y-six (96) single-family attached units requiring 1.37 acres of improved park per Section 4.2.3 above. Tract Map No. 20452 provides 1.79 acres of improv ed park satisfying the CITY’s park standards.

4.3 Responsibility for Constructi on of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the areawide infrastructure construction within the New Model Colony will be as approved by the CITY. OWNE R shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on 180
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the attached Exhibit “F” and any and all t entative tract map conditions. Unless otherwise specified in the Subdivision Ag reement/Tract Map conditions, all other required Improvements for each Tract M ap, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of the first building permit for Pr oduction Units for each such Tract Map.

All Infrastructure and Improvements shal l be completed as required by the Subdivision Agreement/Tract Map conditions for Tract Map No. 20452.

4.3.1.1 SCE Trail. Per the Conditions of Approval for Tract Map No. 20452, OWNER is responsible for design and construction of a multipurpose trail within the Sout hern California Edison (SCE) Corridor, from the northern boundary of the of the Tract Map to the southern boundary, prior to completion of the last Production Unit within the Property. OWNER shall make their best reasonable efforts to receive right-of-way approvals or licenses from SCE and/or other agencies to complete the SCE trail improvement s. OWNER shall provide periodic updates to CITY every ninety (90) da ys, or upon written request from the CITY.

4.3.2 Construction of DIF Program Infras tructure (Construction Agreement). To the extent OWNER is requ ired to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in a ccordance with the provisions of the Construction Agreement and any amendments thereto. Use of DIF Credit issued to OWNER as a member of NMC Builders LLC to offset OWNER’s DIF payment obligations shall also be subject to the provisions of the Construction Agreement and any amendments thereto.

4.3.3 Construction of DIF Program Infrastructure (Non-Construction Agreement). To the ext ent OWNER is required to construct and completes construction of public impr ovements that are included in CITY’s Development Impact Fee Program and such public improvements are not included the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in accord ance with the provisions of a separate Fee Credit Agreement between CITY and OW NER. Limitation on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a s eparate Fee Credit Agreement. CITY and OWNER agree that the Fee Credit Agr eement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

4.3.4 Construction of Public Infrastructure by Third Parties. CITY and OWNER acknowledge the Improvem ents described in Exhibit E and depicted in Exhibit F are required for the development of the Property, surrounding properties within the Ontario Ranch and the other property owners are also obligated to construct the Improvements or portions thereof. As such, CITY agrees that OWNER's obligation to construct the Improvements may be satisfied by third party owners 181
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pursuant to separate written agreements between OWNER and said third party undertaking the construction of the Impr ovements. Nothing in this Agreement shall be construed to prohibit the coor dination of the construction of the Improvements between privat e parties, including the allocation of costs for the construction of the Improv ements. Notwithstanding any thing to the contrary herein, any applicable DIF Credits may be transferred and assigned from one (1) party to another with respect to the construction of the Improvements and such transfer or assignment shall not require the conveyance of any real property.

Additionally, OWNER and CITY agree that a portion of the improvements described in Exhibit E and depicted in Exhibit F, may be constructed by others. If such improvements are constructed by others and are completed and accepted by CITY prior to OWNER's request to CI TY of the required grading, building or other required permits for OWNER to initia te construction of structures for the Property, then OWNER shall not be requi red to construct or pay for those Improvements constructed and completed by others and accepted by CITY.

4.4 Affordable Housing Requirement.

4.4.1 Affordable Housing- Number of Units. OWNER shall provide a minimum number of affordable housi ng units, equivalent to 10% of the OWNER’s total approved residential units within the Projec t, that are affordable to very low, low and moderate income households. Such requirement for affordable housing shall be met through one, or a combinat ion of one or more, of the options provided in the following Sections 4.4.2. 1 through 4.4.2.5. For the purposes of this Section, any term not defined in th is Agreement shall be as defined by California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.).

4.4.2 Affordability Spread. Of the total number of residential dwelling units specified in Section 4.4.1, to be constr ucted or rehabilitated pursuant to Sections

4.4.2.1 or 4.4.2.2 re spectively, thirty percent (30%) shall be available to very low income, thirty percent (30%) shall be av ailable to low income and forty percent (40%) shall be available to moderate income households. “ Households” shall be as defined by California Health and Safety Code Section 50053.

4.4.2.1 New Construction. If OWNER el ects to fully or partially satisfy the affordable housing requirement by the construction of new residential units, it shall construct and restrict the af fordability of residential dwelling units within its Project or, at OWNER’s option and with the approval of the City, within another project elsewhere within the City. The affordable units constructed shall be intermingled with other units as part of the Project, and shall be built to the same construc tion, design and aesthetic standards, as well as number of rooms, as other units constructed as part of that OWNER’s Project. In addition, the percentage ratio of affordable units offered for sale versus those offered for rent shall equal the percentage ratio of other units offered for sale ve rsus for rent within OWNER’s Project.

Such construction shall be completed no later than the date that is five (5) 182
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years following the issuance of the first building permit for OWNER’s Project; provided however that to t he extent OWNER has not constructed the required percentage of units, based on the number of building permits for non-restricted units, OWNER shall, prior to the issuance of such building permits, provide security (i n the form and substance approved by the City Manager and City Attorney) to Ci ty in order to ensure the faithful completion of such required percentage of construction of affordable units.

If OWNER elects the option of constructing new affordable units, a detailed Affordable Housing Agreement specifyi ng terms for the allowable monthly housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. The Affordable Housing Agreement shall hold a recorded priority position senior to any other non- statutory lien or encumbrance affecting the unit.

4.4.2.2 Rehabilitation. If OWNER elects to fully or partially satisfy the affordable housing requirement by the substantial rehabilitation of existing residential units in the City, it shall s ubstantially rehabilitate and restrict the affordability of, the number of residentia l units specified in Section 4.4.1, provided that such units shall be prov ided elsewhere within the City. The rehabilitation work shall be substantial and of high quality and shall also address any deferred property mainte nance issues on the property. “Substantial rehabilitation ” shall mean rehabilitated multi-family rented dwelling units with three or more uni ts and the value of the rehabilitation constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of land value pursuant to Health and Safety Code Section 33413(b)(2)(A)(iii-iv) as such section exists as of the Effective Date of this Agreement. If OWNER chooses the opt ion of rehabilitation of existing housing units within the City, a det ailed Affordable Housing Agreement specifying the terms for the allowabl e month housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. Such rehabilitation shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not rehabilitated the required percentage of units, ba sed on the number of building permits, OWNER shall, prior to the issuance of such building permits, provide security (in the fo rm and substance approved by the City Manager and City Attorney) to the City in order to ensure the faithful completion of such required percentage of rehabilitation.

4.4.2.3 In-Lieu Fee. If OWNER has not fully complied with the requirements of Section 4.4.1 by providing the minimum number of affordable units through the constructi on of new affordable units or by the substantial rehabilitation of ex isting units, shall pay an “ Affordability In- Lieu Fee”. If OWNER has not provided any affordable residential units by construction or rehabilitation, the Affo rdability In-Lieu fee shall be equal to 183
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Three Dollars Twelve Cents ($3.12) per square foot of residential development within OWNER’s Project or , if pre-paid as set forth below, Two Dollars Seventy Four Cents ($2. 74) per square foot of residential development within OWNER’s Project. If OWNER has partially complied with the requirements of Section 4.4. 1 by construction or rehabilitation of less than the minimum number of units , then the Affordability In-lieu Fee shall be recalculated and reduced in consideration of the number and type of affordable units provided. The Affordability In-Lieu Fee shall be paid by OWNER to City no later than prior to the issuance of each building permit within OWNER’s Project based on the square footage of the residential unit for which such building permit is sought; provided however that OWNER may, at OWNER’s election, pre-pay such Affordability In-Lieu Fee by paying such Affordability In-Lieu Fee within thirty (30) days following the earliest discretionary approval by the City for OWNER’s Project, including, but not limited to, any general plan amendment, specific plan adoption, development agreement, tentative map approval, variance, conditional use permit, or resolution of intention to form any public financing mechanism.

The Three Dollars, Twelve Cents ($3.12) and the Two Dollars Seventy Four Cents ($2.74) per square f oot amounts shall automatically be increased annually, commencing on July 1, 2023, and automatically each July 1 thereafter. Such adjustm ent shall be based on the percentage increase (but no decrease) in the C onsumer Price Index (Riverside - San Bernardino - Ontario, CA), (December 2017=100) over the preceding year.

The pre-paid Affordability In-Lieu Fee shall be calculated based on the maximum floor area ratio (FAR) permitted within the General Plan and any applicable FAR contained within the applic able specific plan, whichever is greater, and the Maximum Development Density. For purposes of this Agreement, “Maximum Development Density ” shall be determined by multiplying the OWNER’s Project’s density for residential development potential as set forth in the General Plan or the applicable Specific Plan, whichever is less, by the net acreage of land within OWNER’s Project. All “Affordability In-Lieu Fees” collected by the City shall be used to promote the construction of affordable housing within the City.

4.4.2.4 Affordability Cov enants. Prior to the issuance of the first building permit for any affordable unit, the Ci ty and OWNER shall enter into an Affordable Housing Agreement Affordability shall be assured for a period of forty-five (45) years for for-sale units and fifty-five (55) years for rentals.

For rental units, base rents shall be established by the City and rental adjustments required by the City shall be performed on an annual basis. In addition, the Affordable Housing Agreement shall impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and a requirement fo r the owner or tenant to properly maintain each dwelling unit.

4.4.2.5 Transfer of Affordable Project. No transfer of title to any affordable housing project shall occur without the pr ior written consent of the City. In 184
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the event OWNER transfers title to any affordable housing project required to be constructed pursuant to this Agr eement to a non-profit entity, or other entity, that receives an exemption from ad valorem real property taxes, the City shall be required to assure payment of an annual in lieu fee to the City on July 1 of each year equal to one-t enth of one percent (0.1%) of the assessed value of such project. The City may permit OWNER to satisfy this obligation by recorded covenant s against the property and enforceable against said entity by the City. An y such covenants shall be approved by the Planning Director and the City Attorney.

4.5 Schools Obligations.

4.5.1 Written Evidence of Compliance with Schools Obligations.

OWNER shall, either through joint or individual agreements between OWNER and the applicable school district(s), sha ll satisfy its new school obligations. The new school obligations for the Mountain View School District in the Ontario Ranch area have been projected to include the acquisition or dedication of school sites for, and construction of, up to eight (8) schools. Of these eight (8) schools, seven (7) are to be elementary (TK-6) grade schools and one (1) are to be middle grade schools. The new school obligations for the Chaffey Joint Union High School District in the Ontario Ranch area have been projected to include the dedication of a school site for, and construction of, an additional high school.

The new school obligations for the applicable school district shall be met by a combination of the following: (1) designating and dedicating school site(s) within the Property as set forth in the Gener al Plan, and/or (2) paying school impact fees, (3) entering into a joint mitigation agreement or individual mitigation agreements, or (4) any combination of the foregoing. Written evidence of approval by the applicable school distri ct that OWNER has met their school obligations may be required by the City as the condition to the issuance by the City of any entitlements for OWNER’s Project. In the event OWNER is unable to provide such written evidence from the applicable school district(s), the City shall have the right to decline to honor any DIF Credit, Certificates of MDD Availability, Certificates of Storm Water Treatment C apacity Availability, or any combination thereof, presented by such OWNER, without liability to the City. To the extent that a joint mitigation agreement is approv ed by the applicable school district(s), and OWNER is a participant in good standing in such mitigation agreement, OWNER shall be deemed to have mitigated its new school obligations under this Section 4.4.1.

4.6 Public Services Funding Fee.

4.6.1 Requirement for Payment of Public Services Funding Fee. In order to ensure that the adequate provision of public services, including without limitation, police, fire and other public safety services, are available to the residents of each Project in a timely manner, OWNER shall pay to CITY a “ Public Services Funding Fee.” The Public Services Funding Fee shall apply to residential and non-residential uses as set forth below.
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4.6.2 Public Services Funding Fee Amount. OWNER shall pay a Public Services Funding fee in the total am ount of Two Thousand Four Hundred Ninety dollars and Seventy Eight Cents ($2,490. 78) per residential dwelling unit. The Public Services Funding Fee shall be paid in one (1) installment within one hundred eighty (180) calendar days after the effective date of the Development Agreement or in two (2) installments, at OWNER’s option, as follows:

4.6.2.1 First Installment (Residential uses). The First Installment of the Public Services Funding Fee shall be One Thousand Two Hundred Forty Five Dollars and Thirty Nine Cents ($1,245.39) per residential dwelling unit.

The First Installment shall be based upon the “ Maximum Development Density” of the OWNER Project, as defined in Section 3.7.2.3 of the First Amended and Restated Construction Agr eement. The First Installment shall be due and payable 30 days following the effective date of the Development Agreement.

If the First installment amount is not paid for all residential dwelling units within the Project (based on the Maxi mum Development Density, or the number of units described on “B Maps ” if approved) by January 1, 2024, the amount of the First In stallment shall be increased. Such increase shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernar dino - Ontario, CA) (December 2017=100) over the preceding year. Additionally, the amount shall be further increased automatically by the percentage increase in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) on each January 1 thereafter.

4.6.2.2 Second Installment (Residentia l Uses). The Second Installment of the Public Services Funding Fee shall be One Thousand Two Hundred Forty Five dollars and thirty nine cent s ($1,245.39) per residential unit. The Second Installment shall be paid at the time of the issuance of each building permit for the Project. The amount of the Second Installment shall increase automatically by percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year on January 1 st of each year, beginning on January 1, 2024. OW NER may exercise the option to pay the Second Installment amount for all residential units, a portion of the residential units, or for the remainder of the residential units within OWNER’s Project on or before each De cember 31st, before the Second Installment amount is automatically increased.

4.6.2.3 Single Installment (Non-resi dential Uses). A single installment payment of the Public Services Funding Fee shall be required in the amount of Seventy Five Cents ($.75) per square foot of non-residential buildings. The single installment for non-residential uses shall be due and payable prior to the issuance of the building permit for a non-residential building. The amount of the Single Installment for non-residential uses 186
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shall automatically increase by perc entage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA), (December 2017=100) over the preceding year on January 1 st of each year, beginning on January 1, 2024. OW NER may exercise the option to pay any single installment amounts fo r the remainder of the non-residential square footage within the Project on or before December 31st, before the Single Installment amount is automatically increased.

4.7 Net MDD/Water Availability Equivalents.

4.7.1 Assigned Net MDD/Water Availability Equivalents. The City has agreed with NMC Builders LLC to reserve excl usively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements f unded by NMC Builders LLC. NMC Builders has assigned to OWNER its allocable share of the Net MDD issued by City. The provisions of the Construction Agreement Amendment requires that the City shall not approve a final tract map or issue building permits or certificates of occupancy for the area of development wi thin the New Model Colony served by the water system improvements funded by NMC Builders LLC, except to the bearer of an Assignment of Net MDD Water Availability.

4.7.2 Requirement of NMC Builders, LLC Membership as a Phase 2 Water Member. OWNER and CITY agree that OW NER’s’ payment to CITY required by Section 4.7.3 below represents OWNER’s contribution to the funding required for the future construction of the Phase 2 Water Improvements and the availability of additional Net MDD Water Availability required for the development of the Property described in Exhibit A of this Agreement.

4.7.3 CITY issuance of Water Availability Equivalents. Within 30 days after the effectiveness of this Development Agreem ent OWNER shall pay or have paid to City the applicable Phase 2 Water Part icipation Fee. The Phase 2 Water Participation Fee shall be the calculat ed based on the amount of the Regional Water DIF for the applicable land use category and the square footage of the applicable buildings. The calculated am ount of the Phase 2 Water Participation Fee shall be paid to City within 30 days after the effective date of this Agreement or, at OWNER’s option, the Phase 2 Water Participation Fee may be paid to City in two (2) installments. The first insta llment shall be fifty percent (50%) of the total Phase 2 Water Participation Fee and su ch first installment shall be due and payable to City within 30 days after t he effective date of this Development Agreement. The second inst allment shall be the remain ing amount of the Phase 2 Water Participation Fee and such second installment shall be due and payable to City within one (1) year after the paym ent of the first installment, or prior to, and as a condition precedent to, the recording of any final Tract or Parcel Map for the Project, whichever occurs first. Upon OWNER’s complete payment to CITY of the Phase 2 Water Participation Fee CITY shall issue a Certificate of Water Availability Equivalents in the form atta ched hereto as Exhibit G. Such Water Availability Equivalents Certificate shall be issued by CITY within thirty (30) days 187
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of the receipt of such required pay ment. CITY and OWNER agree that the amount of Water Availability Equivalents issued to OWNER shall be based on the maximum projected need for Water Ava ilability Equivalents required for the Property based upon water demand factors and assumptions listed in Exhibit C- 2R of the Phase 2 Water Amendment to the Construction Agreement “Water Demand Equivalents by Land Use” for eac h land use category. Additionally, within five (5) business days of CITY’s receipt of OWNER’s payment as required under this Section 4.7.3, CITY shall issue a certificate of DIF Credit against OWNER’s DIF obligations in the Regional Water DIF Category.

4.7.2 Use of Assigned Net MDD Water Av ailability. OWNER shall provide evidence of sufficient Net MDD Water Av ailability Equivalents (or portions thereof) prior to and as a condition prec edent to, the City’s approval of any and all tract maps for the Property. T he amount of Net MDD Water Availability Equivalents required for City’s approval of a tract map shall be based upon water demand factors and assumptions listed in Exhibit C-2R of the Construction Agreement Amendment as “Water Demand Equivalents by Land Use” for each land use category.

4.7.3 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to an OWNER’s Project, including those relating to design and construction of master-planned potable water and recycled water transmission and distribution system for t he respective pressure zone and other public infrastructure requirements.

4.7.4 Effectiveness of Agreement. CITY acknowledges that the OWNER is a current “Member” of NMC Builders LLC. OWNER’s assignees shall not be required to become a member of NMC. Notw ithstanding anything set forth in this Agreement, CITY and OWNER each acknowle dge, confirm, and agree that (i) the CITY approval of this Agreement and ( ii) the effectiveness of this Agreement, in each case, are conditioned upon OWNER’s admission to NMC Builders as a “Member” (if not already a Member) thereof pursuant to the terms and conditions of the operating agreement of NMC Builders within thirty (30) days following the Effective Date of this Agreement. OWNE R’S failure to maintain membership in NMC Builders LLC is and shall be a Default under this Agreement.

4.8 Storm Water Capacity Availability.

4.8.1 Requirement for Storm Water Treat ment Capacity Availability. OWNER shall provide evidence of su fficient Storm Water Treatment Capacity Availability as reserved in a Certificate of Storm Water Treatment Capacity Availability the same manner and subject to the same limit ations as provided for the assignment of Certificates of Net MDD Availability in Section 4.6 of this Agreement.

4.8.2 Use of Storm Water Treatment Capacity Availability. The amount of Storm Water Treatment Capacity Availability required for the issuance of a grading 188
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permit to OWNER shall be based upon the Net Residential Acreage of the area to be graded regardless of the corresponding use.

4.8.3 Requirement for other Storm Wate r Improvements. Th e Certificate of Storm Water Treatment Capac ity Availability is evidence only of available storm water treatment capacity and does not sati sfy any other conditions applicable to a particular development project, including those relating to on-site water treatment, water quality, connection to the storm water collection system, or other public infrastructure requirements.

4.9 Maintenance of Open Space. OWNER shall provide for the ongoing maintenance of all park, common areas and open space areas within the Project as more particularly set forth in the Specific Plan, through a homeowners’ association as approved by the CITY. Co venants, conditions and restrictions establishing any homeowners’ associat ion shall be approved by the Planning Director and City Attorney.

4.10 Compliance with Public Benefits Requirements.

4.10.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.9, or challenges (whether administratively or through lega l proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8.4 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Project- related building permits, certificates of occupancy, or discr etionary approvals, without liability.

5. FINANCING OF PUBLIC IMPROVEMENTS.

5.1 Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builder s, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to includ e all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infr astructure pursuant to the Construction Agreement and to acquire other public facilit ies constructed by OWNER subject to the provisions of the Memor andum of Agreement between CI TY and NMC Builders LLC.

Notwithstanding such reimbursements and acqui sitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Tract Map for the Property, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,443.71 per Single Family Deta ched Dwelling Unit, $1,251.15 per Multiple- Family Dwelling Unit, $1,048.96 per Gated Apartment Community Dwelling Unit, and $0.27 per square foot for Non-Residential bui ldings. The special tax amount shall be subject to change based on the services tax rate that is in effect at the time such CFD is formed. These amounts shall be subject to an automatic increase at a rate not to 189
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exceed four (4%) percent per year, unless ot herwise modified by the CITY. CITY shall be the sole and exclusive lead agency in the fo rmation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment di strict, or financing mechanism may be used, subject to restrictions that may be im posed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitat ion those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.2 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financ ing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Writt en evidence by such school district(s) may be required by the CITY as the condition to th e formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, wit hout limitation, the adopti on of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property.

It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxe s as set forth in this Section 5.1.

Formation of any CFD, assessm ent district or other public financing mechanism within the Property, shall be subject to CITY’s abi lity to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time. Notwiths tanding the foregoing, it is acknowledged and agreed by the parties that not hing contained in this Agr eement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FO R COMPLIANCE.

6.1 Periodic and Special Reviews.

6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applic able processing charge within ten (10) days after each anniversary date of the Effect ive Date of this Agreement. Within fifteen (15) days after the receipt of t he Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prio r to the expiration of the fifteen (15) day review period, CITY shall either is sue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 thr ough 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

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6.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by init iation in one or more of the following ways:

(1) Recommendation of the Planning staff;

(2) Affirmative vote of at l east four (4) members of the Planning Commission; or

(3) Affirmative vote of at l east three (3) members of the City Council.

6.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that t he CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at whic h the matter will be considered by the Planning Commission.

6.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good fa ith compliance with the terms of this Agreement. The burden of proof on this issue is upon the OWNER.

6.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.

6.1.6 Procedure Upon Findings.

(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.

(b) If the Planning Commission finds and determines on the basis of substantial evidenc e that the OWNER has not complied in good faith with the terms and conditions of this Agreement dur ing the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement.

(c) The OWNER may appeal a determination pursuant to
paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.

6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

The notice shall contain:
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(a) The time and place of the hearing;

(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and

6.3 Hearing on Modification or Terminat ion. At the time and place set for the hearing on modification or termination, t he OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. T he burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City C ouncil may terminate or modify this Agreement and impose those condit ions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in comp liance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remain s in effect and (2) OWNER is not in default.

The Certificate shall be in recordable for m, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodi c or Special Review and shall state the anticipated date of commencem ent of the next Periodic Review. OWNER may record the Certificate with the County Recorder. W hether or not the Certificate is relied upon by assignees or other transferees or OWNE R, CITY shall not be bound by a Certificate if a default existed at the ti me of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. [RESERVED]

8. DEFAULT AND REMEDIES.

8.1 Remedies in General. It is acknow ledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto ma y pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not 192
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be liable in damages to OWNER, or to any succ essor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restrict ion of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequat e and specific performance and other non- monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 8.1 above.
(b) Due to the size, nature and scope of t he project, it may not be practical or possible to restore the Property to its nat ural condition once impl ementation of this Agreement has begun. After such implement ation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and re sources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

8.3 Release. Except for nondamage re medies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby re leases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted , pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Ag reement or because of the terms of this Agreement.

8.4 Termination or Modification of Agr eement for Default of OWNER. Subject to the provisions contained in Subsections 6.2 and 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, 193
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required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer ti me, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

8.5 Termination of Agreement for Defaul t of CITY. OWNER may terminate this Agreement only in the event of a default by CI TY in the performance of a material term of this Agreement and only after providing wr itten notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effectiv e date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that t he General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination.

CITY shall have no liability in damages under th is Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Developmen t Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indem nify, and hold harmless CITY, its agents, officers and employees from any claim, acti on or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notif y OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold har mless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

9.3 Indemnity. In addition to the prov isions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agent s, employees and independent contractors free and harmless from any liability whats oever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but 194
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not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public impr ovements, save and except cl aims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

9.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harm less from any liability, based or asserted, upon any act or omission of OWNER, its offi cers, agents, employ ees, subcontractors, predecessors in interest, successors, as signs and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater condi tions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY , its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

9.5 Reservation of Rights. With respec t to Sections 9.2, 9.3 and 9.4 herein, CITY reserves the right to either (1) appr ove the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

9.6 Survival. The provisions of this Se ctions 9.1 through 9.6, inclusive, shall survive the termination of this Agreement.

10. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreem ent shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improv ement thereon by any mort gage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may requ ire certain Agreement interpretations and modifications and agrees upon request, from ti me to time, to meet with OWNER and representatives of such lenders to negotia te in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modifi cation provided such interpretation or modification is consistent with the in tent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. 195
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(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mort gagee, has submitted a request in writing to the CITY in the manner specified herein for giving noti ces, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortg age or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or par t thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agr eement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmat ive covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition preced ent to the performance of a covenant by CITY, the performance thereof shall continue to be a condi tion precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. Th is Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino Count y Recorder by the City Clerk within the ten (10) days after t he CITY executes this Agreement, as required by Section 65868.5 of the Governm ent Code. If the parties to this Agreement or their successors in interest amend or cancel th is Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action re corded with the San Bernardino County Recorder.

11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties , and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
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11.3 Severability. If any term, prov ision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Pub lic Benefits set forth in Section 4 of this Agreement, including the payment of the fees se t forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and ther efore in the event such provisions are determined to be invalid, void or unenforceabl e, this entire Agreement shall be null and void and of no force and effect whatsoever.

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpret ed in accordance with the laws of the State of California. This Ag reement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of constr uction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any c onstruction or interpretation of this Agreement.

11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

11.7 Joint and Several Obligations. Subject to section 2.4, if at any time during the term of this Agreement the Property is ow ned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner sha ll be the default of all such owners.

Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a mem ber of the general public or otherwise as an ultimate user shall have any obligatio n under this Agreement except as provided under Section 4 hereof.

11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

11.9 Waiver. Failure by a party to insi st upon the strict perf ormance of any of the provisions of this Agreement by the other party, or the fa ilure by a party to exercise its rights upon the default of the ot her party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 197
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11.11 Force Majeure. Neither party sh all be deemed to be in default where failure or delay in performance of any of it s obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fi res, wars, riots or similar hostilities, pandemics, strikes and other labor difficultie s beyond the party’s control, (including the party’s employment force), government regul ations, court actions (such as restraining orders or injunctions), or other causes bey ond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be ex tended by the writt en agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall i nure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion t hereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be co nstrued together and hav e the same effect as if all of the parties had executed the same instrument.

11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of th is Agreement shall be filed and tried in the Superior Court of the County of San Bernar dino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties heret o that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent co ntracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

11.17 Further Actions and Instruments. Ea ch of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in 198
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the performance of all obligat ions under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affi davit if reasonably required, and file or record such required instrument s and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assist ant City Manager or other management level employee of the CITY.

11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file wi th the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and busines s addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If fo r any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such se rvice shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereb y waives the provisions of the Hague Convention (Convention on the Service Abr oad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

11.20 Estoppel Certificate. Within thir ty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified ( date and nature) modifications to the Agreement, but it remains in full force and effe ct as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) default s exist. The statement shall also provide any other reasonable information requested. The failure to ti mely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be r epresented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of est oppel certificates under this Section 11.20 prior to CITY’s issuance of such certificates.

11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to 199
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execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has /have the authority to bind OWNER to the performance of its obligations hereunder.

11.22 Prevailing Wage. OWNER, for itse lf, its successors, and assigns, agrees, covenants, and warrants that t he development of the Property, if any, shall comply with all applicable federal and state labor laws (inc luding, without limitation, the requirement under California law to pay prevailing wage s and hire apprentices), and all obligations as set forth herein.

11.22.1 CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.

11.22.2 OWNER acknowledges and agr ees that it shall be independently responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying th erewith. OWNER shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

11.22.3 The foregoing indemnity s hall survive termination of this Agreement and shall continue after completi on of the constructi on and development of the Property by OWNER, its successors or assigns. OWNER shall be solely responsible for determining and effectuating compliance with such laws.

11.22.4 OWNER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND

ASSIGNS, WAIVES AND RELEASES CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO OW NER PURSUANT TO LABOR CODE SECTION 1781 OR THE DAVIS BACON ACT. RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 11.22, OWNER ACKNOW LEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES

NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HI S OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:

_______________
(Owner's Initials)
200
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IN WITNESS WHEREOF, the parties her eto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
201
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT NO. PDA21-008

“OWNER”

JH Bray LLC, a Delaware limited liability
company

By:_______________________________
Name: John Troutman
Title: Vice President
Date: ___________________

HCW Lathrop Investors LLC, a Delaware
limited liability company

By:_______________________________
Name: John Troutman
Title: Vice President
Date: ___________________

APPROVED AS TO FORM:

BEST BEST KRIEGER, LLP

City Attorney
"CITY"

CITY OF ONTARIO

B y :

Scott Ochoa
City Manager

Date: ___________________

ATTEST:

City Clerk, Ontario

202

43 ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF____________________ )

On _________________, 20_____, before me,______________________________________, Date Insert Name and Title of the Officer

personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public

Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 203

44 ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF____________________ )

On _________________, 20_____, before me ,
Date Insert Name and Title of the Officer

personally appeared
Name(s) of Signer(s)
___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public

Place Notary Seal Above

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 204

45 EXHIBIT "A"

TO DEVELOPMENT AGREEMENT

Legal Description of Property

Real property in the City of Ontari o, County of San Bernardino, State of California, described as follows:

THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN

BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER GOVERNMENT SURVEY.

SAVING AND EXCEPTING THEREFROM ALL STATE AND COUNTY
HIGHWAYS.

APN: 0218-151-10-0-000

205

46 EXHIBIT "B"

TO DEVELOPMENT AGREEMENT

Map showing Property and its location

206

47 EXHIBIT "C"

TO DEVELOPMENT AGREEMENT

Existing Development Approvals

On December 18, 2006, the Planning Commission:

a) Issued Resolution No. PC06-166, recommending City Council adopt and certify the West Haven Specific Plan Environmental Impact Report; and

b) Issued Resolution No. PC06-167, recommending City Council approval of the West Haven Specific Plan (File No. PSP03-006).

On January 16, 2007, the City Council:

a) Adopted and certified the West Hav en Specific Plan Environmental Impact Report and issued Resolution No. 2007-010; and

b) Adopted Ordinance No. 2870 approving the West Haven Specific Plan.

207

48 EXHIBIT "D"

TO DEVELOPMENT AGREEMENT

Existing Land Use Regulations

These documents are listed for reference only:

1. West Haven Specific Plan, Ordinance No. 2870

2. West Have Environmental Impact Report, Resolution No. 2007-010

3. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks and Recreation

208

49 EXHIBIT "E"

TO DEVELOPMENT AGREEMENT

Description of Required Improvements

OWNER shall design, construct, and complete all improvements including but not limited to sewer, water, recycled water, storm drain, fiber, and street improvements necessary to serve the Pr operty, prior to the request of any Production Units.

Street (ST) Improvements

a. ST improvements along Haven Av enue from the northern tract boundary to the southern tract boundary.

b. Full signalized intersection improvement s at the intersection of Street “E” and Haven Avenue.

Fiber Optic (FO) Improvements

a. FO improvements along Haven Avenue from the northern tract boundary to the southern tract boundary.

Trail Improvements (within SCE ROW)

a. Trial improvements from the northern boundary of the of the Tract Map to the southern boundary, pursuant to Section 3.7.6.

209

50 EXHIBIT “F”

TO DEVELOPMENT AGREEMENT

Depiction of Required Infrastructure Improvements

(SEE ATTACHED EXHIBITS)

210

51 211

52 212

53 213

54 EXHIBIT “G”

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF NET MDD AVAILABILITY

Pursuant to Section ___ of this Agr eement between the City of Ontario, a California municipal corporation, and ________________, a __________________ company, hereinafter called "OWNER", the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called "Agreement", the City of Ontario hereby certifies based on CITY receipt of payment of OWNER’s share of the funding for the Phase 2 Water Improvements, that OWNER is entitl ed to the following Net MDD Water Availability.

Amount of Net MDD _________________________ gpm

________________________________________
Scott Ochoa, City Manager

Dated:_________________________________

214

55 Exhibit “H”

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF REGIONAL DIF CREDIT

Pursuant to Section 4.5.2 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 201_, the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the “Development Agreement’, the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:

Amount of Credit: $

Scott Ochoa, City Manager
D a t e d :

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215

56 Exhibit “I-1”

TO DEVELOPMENT AGREEMENT

ONTARIO RANCH

WATER SUPPLY PHASING PLAN

Phase 2 Water
Availability
Equivalency
Estimated
Net MDD Available1
Phase 2 A
Supply & Storage

1. 1 - Additional Ground Water Well and Collection lines - Design and Construction

8,250 gpm2

7,750 gpm2

Pipelines (Transmission & Distribution)2

2. 925 Zone Transmission lines – Design and Construction

3. Temporary Pressure Reducing Station 3 – Design and
Construction

Phase 2B
Supply & Storage

4. 1 – Additional Ground Water Well and Collection lines – Design and Construction

5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction

10,500 gpm2 9,860 gpm2

(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-

2. (3) Pressure reducing stations are a component of the pipeline transmission and distribution system.

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216

57 EXHIBIT “I-2”

TO DEVELOPMENT AGREEMENT

Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (% )
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Services Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Developm ent
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Services Uses (per acre)
2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System m axim izing R ecycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1Recycled Water D emands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.

Potable WaterThe Ontario Plan Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories.

217

58 EXHIBIT “J”

TO DEVELOPMENT AGREEMENT

Form of Plume Disclosure Letter

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218
Department: Utilities
Prepared By: Dennis Mejia
Staff Member Presenting:

Scott Burton, Utilities General Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 25
SUBJECT:

A REIMBURSEMENT AGREEMENT FOR SEWER IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, INC.

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The proposed Agreement will provide for reimbursement of actual documented infrastructure-related costs not-to-exceed $594,982. The next quarterly budget update will include appropriations of $228,982 in the Capital Projects fund and $366,000 in the Sewer Capital fund.

BACKGROUND & ANALYSIS:

The Developer is constructing a 2,800 square foot industrial building on 0.18 acres of land at the southeast corner of Ontario Boulevard and Bon View Avenue. This parcel and several surrounding parcels do not have an adjacent main to provide for sewer service.

Parcels without sewer service are commonly on septic systems which have been identiﬁed as a threat to groundwater quality. As a requirement for development of the parcel, the Developer constructed approximately 500 feet of 8-inch sewer main on Bon View Avenue to the south instead of utilizing a septic system.

The City’s sewer system includes approximately 440 miles of mains. The Sewer Master Plan identiﬁes various capital needs which are prioritized based on existing capacity deﬁciencies and deterioration, improvements for future growth, and the current level of maintenance activities required to provide adequate and reliable service. The City’s ongoing Capital Improvement (CIP) Program includes the installation and replacement of certain sewer mains to address aging and undersized infrastructure. An upcoming objective of the sewer CIP program is to strategically extend sewer mains to areas where septic systems exist while balancing the length/cost of the 219
main with the benefits to groundwater quality.

Based on the need for a sewer for the Developer’s project and the opportunity to extend sewer service to other surrounding customers, Staﬀ worked with the Developer to construct the needed sewer on a reimbursement basis from the General Fund and Sewer CIP Program. 220
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT

BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, INC,

FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF VARIOUS

PUBLIC IMPROVEMENTS RELATING TO STORM DRAINAGE,

SIDEWALKS, STREETS, AND PIPING, DRY UTILITIES, AND DOMESTIC

WATER AND SEWER SERVICE ON OR NEAR PROPERTY LOCATED AT
902 EAST ONTARIO BOULEVARD.

WHEREAS, HDC CONSTRUCTION, INC, (“Developer”) desires to construct an industrial building totaling 2,800 square feet on 0.18 acres of land (the “Project”), on property located at 902 East Ontario Boulevard within the City of Ontario (“Property”); and WHEREAS, the City has a separate, standalone Capital Improvement Program project under which the City intends to upgrade and install public improvements on, in, and under the Property relating to storm drainage, sidewalks, streets and striping, dry utilities, and domestic sewer and water service (“Public Improvements”). These Public Improvements will ultimately benefit the Property. These Public Improvements will also benefit other properties in the area and further the goals and objectives of the City’s general plan by investing in critical infrastructure; and WHEREAS, it has come to the attention of City and Developer that Developer is willing and able to upgrade and install the Public Improvements faster than the City.

Therefore, the City included the Public Improvements in the conditions of approval for the Project and City and Developer desire to enter into a reimbursement agreement in order for Developer to upgrade and install the Public Improvements, and in order for the City to reimburse Developer for certain expenses related thereto in accordance with the terms of the reimbursement agreement; and
WHEREAS, City and Developer have negotiated a reimbursement agreement to reimburse Developer for an amount not to exceed Five Hundred Ninety-Four Thousand, Nine Hundred Eighty-One Dollars and Seventy-Five Cents ($594,981.75) in general funds to offset actual documented infrastructure-related costs associated with construction of the Public Improvements, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the "Reimbursement Agreement"); and WHEREAS, based on information provided by City staff, and other such written and oral evidence as presented to the City, the City finds and determines that the allocation of funds to Developer pursuant to the Reimbursement Agreement is reasonably related to a legitimate governmental purpose in that the Public Improvements will assist the City for the reasons set forth above and in furtherance of the City's goal of identifying various capital needs which are prioritized based on existing sewer capacity deficiencies and deterioration, improvements for future growth, and the current level of maintenance activities required to provide adequate and reliable service, in addition to, strategically extend sewer mains to areas where septic systems exist while balancing the length/cost of the main with the benefits to groundwater quality; and 221
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

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

SECTION 2. CEQA. Pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.). The environmental impacts of this project were previously reviewed in conjunction with File No. PDEV19-003, a Development Plan to construct a 2,886 square industrial building, for which a Categorically Exempt (Section 15332, Class 32, Infill Development Projects) of the CEQA Guidelines was adopted by the Development Advisory Board on September 16, 2019.

SECTION 3. Approval of Reimbursement Agreement. The City Council hereby approves the Reimbursement Agreement, in substantially the form attached to this Resolution as Exhibit "A," and authorizes and directs the City Manager to sign and enter into the Reimbursement Agreement and perform all obligations of the City pursuant to the Reimbursement Agreement.

SECTION 4. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
222
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
223

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
224
46700.01320\41474785.5

REIMBURSEMENT AGREEMENT
(BON VIEW)
This Reimbursement Agreement (“Agreement”) is dated as of _____ ___, 2023, by and between the CITY OF ONTARIO, a California municipal corporation (“ City”), and HDC CONSTRUCTION, INC, a California corporation (“HDC”). City and HDC are sometimes referred to herein as the “Parties” or individually as a “Party”. City and HDC enter into this Agreement with reference to the following recitals of fact (each, a “Recital”):

RECITALS
A. HDC desires to construct an industrial building totaling 2,800 square feet on

0.18 acres of land (the “ Project”), on property located at 902 East Ontario Boulevard within the City (“Property”).

B. The City has a separate, standalone Capital Improvement Program project under which the City intends to upgrade and install public improvements on, in, and under the Property relating to storm drainage, sidewalks, streets and striping, dry utilities, and domestic sewer and water service which are described in Exhibit “A,” which is attached hereto and incorporated herein by reference (together, the “Public Improvements”). These Public Improvements will ultimately benefit the Property. These Public Improvements will also benefit the surrounding properties.

C. However, it has come to City’s attention that HDC is willing and able to upgrade and install the Public Improvements faster than City can. Therefore, City and HDC desire to enter into this Agreement in order for HDC to upgrade and install the Public Improvements, and in order for City to reimburse HDC for certain expenses related thereto in accordance with the terms of this Agreement.

NOW THEREFORE, in consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the Parties agree as follows:

TERMS

1. Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which City and HDC have entered into this Agreement. City and HDC each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

2. Reimbursement of Costs; Selection of General Contractor; Change Orders. In light of the benefit the Public Improvements will provide to the City, City intends to provide, through this Reimbursement Agreement, funding in an amount not to exceed Five Hundred Ninety-Four Thousand, Nine Hundred Eighty-One Dollars and Seventy-Five Cents ($594,981.75) (“City Financial Consideration ”) to offset actual documented infrastructure-related costs associated with the construction of the Public Improvements, including but not limited to funding for actual documented costs for interest on the loan HDC obtains to construct the Public Improvements, and certain actual documented costs of 225
46700.01320\41474785.5 - 2 -
overhead items for the Public Improvements, as limited by this Agreement. City shall only reimburse HDC for actual documented costs of the following overhead items: fees, investigation, planning, permitting fees, bond costs, insurance, attorneys fees and material costs (“Overhead Items”). City shall reimburse HDC for Overhead Items in an amount not to exceed five percent (5%) of HDC’s total actual documented infrastructure-related costs on a per invoice basis. Unless approved by the City Council, the City shall not reimburse HDC for any amount greater than the City Financial Consideration.

Once a permit-ready-to-issue set of plans is achieved, then HDC will provide an estimate, including a twenty percent (20%) contingency, for the estimated work, bond costs, permitting costs, project specific insurance, as well as a schedule for the work to the City.

Upon receipt, if City has any objections to the estimate, the City and HDC agree to meet and revise the estimate and schedule in good faith to address the concerns of the City. If City does not object to the estimate in writing within thirty (30) days of delivery, then the estimate will be deemed to be accepted and City agrees to pay the estimated costs therein per the process in Section 2.1 below.

Upon City approval of the plans, HDC shall obtain three (3) qualified general contractor bids and provide such bids to the City, with HDC’s recommendation, for City’s approval, which shall not be unreasonably delayed or withheld.

To the extent that the contingency is exceeded due to an increase in the cost of materials, unforeseen conditions, rain or weather delays, or other conditions out of HDC’s or its subcontractors’ control, then HDC may identify those costs which exceed the contingency and shall submit change orders pursuant to the same process set forth in Section 2.1 below.

The intention of this agreement is to have the City, after review and approval of appropriate documentation submitted by HDC, repay HDC for actual documented infrastructure-related costs associated with construction of the Public Improvements.

2.1 In order to receive the City Financial Consideration, HDC shall submit to the City a written request for funds up to the amount of the City Financial Consideration (“Payment Request”). The City shall review the Payment Requests, and if approved, the City shall authorize and pay such Payment Request to HDC within twenty (20) days thereafter. The City’s approval shall be given if the City determines, in the exercise of its reasonable judgment, that the costs set forth on the Payment Request are reasonable and customary. The City’s obligation to approve a Payment Request shall be contingent upon the City’s receipt and approval, which shall not be unreasonably withheld or delayed, of the following, if applicable:
(a) The Payment Request, which shall include a description of the work performed, material supplied and cost associated therewith; (b) Conditional waivers and releases of mechanics’ liens, stop notice claims or other lien claim rights;
(c) Bills, invoices, vouchers, statements, contracts, bid specifications and responses and all other documents evidencing the amount paid by HDC for the 226
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preceding month;
(d) Evidence of inspection and acceptance by the City’s Building Department of the Public Improvements to which the Payment Request pertains or evidence of approval of all required plans by the City’s Building Department for the Improvements; and
(e) Additionally, for Payment Requests including or pertaining to any actual documented costs for interest on the loan HDC obtains to construct the Public Improvements, copies of all loan documents and copies of HDC’S bank statements for the relevant time period; and
(f) Additionally, for Payment Requests including or pertaining to any actual documented costs of Overhead Items a line-item description of each Overhead Item, and the individualized costs associated therewith; and (g) Any other document, requirement, evidence or information in HDC’s possession or under HDC’s control that City may reasonably request.

2.2 The City shall waive any plan check and construction permit fees associated with the Public Improvements and may, at its cost, cause an inspection of the Public Improvements work and a verification of the work completed. HDC’s, or HDC’s lender as applicable, shall inspect the Public Improvements regularly and confirm that the Payment Requests and conditional waivers and releases (described in Section 2.1(b) above) are accurate and submitted timely.

3. HDC’s Obligation to Construct Public Improvements. In consideration for City’s reimbursement obligations under this Agreement, HDC shall, at its sole cost, expense and liability, construct the Public Improvements subject to reimbursement pursuant to this Agreement. HDC shall promptly construct the Public Improvements pursuant to the Schedule of Performance attached hereto as Exhibit “B” and incorporated herein by this reference.

4. Prevailing Wage Obligation. HDC is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Public Improvements under this Agreement are a “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, HDC agrees to fully comply with such Prevailing Wage Laws and ensure any and all subcontractors comply with such Prevailing Wage Laws. City shall provide HDC with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement, and copies are on file at City’s principal office and will be made available upon request. HDC shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at HDC’s principal place of business and at the project site. HDC shall defend, indemnify and hold 227
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the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. HDC and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof, and shall be liable for any shortfall in wages, for each worker paid less than the prevailing wage rates.

5. Apprenticeable Crafts. When HDC employs workmen in an apprenticeable craft or trade, HDC shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works.

The primary responsibility for compliance with said section for all apprenticeable occupations shall be with HDC. The HDC or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

6. Hours of Work. HDC is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, HDC shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

7. Payroll Records. HDC and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of HDC in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, HDC shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such HDC must comply with this section. Should noncompliance still be evident after such 10-day period, HDC shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on HDC. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

8. Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid 228
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proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. HDC is directed to review, fill out and execute a Public Works Contractor Registration Certification prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

9. Labor Compliance. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be HDC’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Agreement and applicable law. Any stop orders issued by the Department of Industrial Relations against HDC or any subcontractor that affect HDC’s performance of Work, including any delay, shall be HDC’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered HDC caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

HDC shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against HDC or any subcontractor.

10. Workers’ Compensation. In accordance with the provisions of Labor Code Section 3700, HDC is required to secure the payment of compensation to its employees. HDC is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and HDC shall comply with such provisions before commencing the performance of the work of this contract.

11. Flowdown Compliance. HDC shall include the provisions set forth in Sections 4 through 10 of this Agreement in all other contracts and subcontracts relating to the Public Improvements so as to bind all subcontractors and agents to such provisions. HDC shall ensure that all subcontractors fully comply with all such requirements.

12. Bond Requirements.
a. Payment Bond. HDC shall execute and provide to City concurrently with this Agreement a Payment Bond covering the full value due and payable to HDC under this Agreement and in a form provided or approved by the City. No payment will be made to HDC until the bond has been received and approved by the City.
b. Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, HDC shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or HDC intends to reduce or cancel any required bond, at least thirty (30) days prior written 229
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notice shall be given to the City, and HDC shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the value due and payable to HDC under this Agreement is increased in accordance with the Agreement, HDC shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If HDC fails to furnish any required bond, the City may terminate the Agreement for cause.
c. Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

13. Project Description. City and HDC agree the Public Improvements project contemplated herein includes but is not limited to installation of an 8” DIP sewer main approximately 500 linear feet, furnish and install three 48” manholes, form and pour new curb and gutter, install a 2” water service to the property line, install a 4” sewer lateral, install one street light along with necessary conduit and boxes, install approximately 500 linear feet of fiber conduit, and install parkway storm drain and a 12” x 12” catch basin.

14. Property Ownership. The Public Improvements shall be owned by the City of Ontario and the Parties intend for the City to remain the fee title owner of the underlying property.

15. HDC to Obtain all Approvals for the Public Improvements.

7.1.1 California Environmental Quality Act (CEQA) Compliance. The City and HDC acknowledge that the proposed Public Improvements may be subject to CEQA and that this Agreement in no way commits the City to the approval on any project or CEQA determination related to the proposed Public Improvements. HDC agrees that an initial study will be prepared pursuant to CEQA and the appropriate environmental documents shall be prepared prior to project commencement of the proposed Public Improvements.

HDC shall be responsible for all costs associated with the preparation of the CEQA documents.

7.1.2 City Reservation of Discretion and Compliance with Applicable Law. It is understood that the City reserves the right to exercise discretion as to all matters which the City is by law entitled to or required to exercise its discretion. The City’s zoning, building and land use regulations (whether contained in ordinances, the City’s municipal code, conditions of approval or elsewhere), shall be applicable to the construction of the Public 230
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Improvements by HDC. In addition, any agreements, amendments or approvals processed for City Council approval will be subject to and brought to City Council for consideration in accordance with applicable legal requirements.

16. Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld or delayed. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

17. Termination. City or HDC may terminate this Agreement for cause or no cause upon thirty (30) days prior written notice.

18. City’s Remedies Upon HDC’s Default. If the HDC fails to complete construction of the Public Improvements in the manner required by this Agreement, or pursuant to the Schedule of Performance attached hereto as Exhibit “B” and incorporated herein by this reference, subject to reasonable extensions, which may be approved by the City Manager, for customary construction delay causes, subsequent agreements, and the DDA, then City may send written notice to HDC directing HDC to cure the default. HDC shall have fifteen (15) calendar days following its receipt of the notice to cure or, if such default cannot reasonably be cured to completion with such 15-day period, to commence to cure the default under this Agreement. For purposes of this Agreement, “commence to cure” means that HDC begins to cure the default within the 15-day time period and diligently completes cure of the default within a reasonable time, which time shall not exceed sixty (60) calendar days following HDC’s receipt of the notice. If HDC fails to cure or to commence to cure the default as required by this Section 15, City may immediately exercise any right or remedy available to it at law or in equity, including but not limited to Termination pursuant to Section 14 herein. At such time, City shall have no obligation to reimburse HDC for those costs set forth in Section 2 herein and shall recover from HDC the amount of any City Financial Consideration paid to HDC as part of City’s obligations under this Agreement.

19. Notice. Any and all notices submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper, if in writing and dispatched by messenger for immediate personal delivery, nationally recognized overnight (one Business Day) courier (i.e., United Parcel Service, Federal Express, etc.) or by registered or certified United States mail postage prepaid, return receipt requested, to the address of the recipient Party, as designated below. Notice may be sent in the same manner to such other addresses as either Party may from time to time designate by notice in accordance with this Section

16. Notice shall be deemed received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that the notice is dispatched by messenger for immediate personal delivery, one Business Day after delivery by a nationally recognized overnight carrier or three (3) calendar days after the notice is placed in the United States mail in accordance with this Section 16. Any attorney representing a Party may give any notice on behalf of such Party.

To HDC: HDC Construction, Inc.
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5642 West Mission Boulevard
Ontario, CA 91762
Attn: Jr. Huizar
To City: City of Ontario
303 East “B” Street
Ontario, California 91764
Attention: City Manager
With courtesy copy to: Best Best & Krieger, LLP
2855 E. Guasti Rd., Suite 400
Ontario California 91761
Attention: Ruben Duran, Esq.

20. No Oral Modifications. This Agreement may be modified only in writing signed by the authorized representatives of both City and HDC.

21. Binding Upon Successors. This Agreement and each of its terms shall be binding upon City and HDC and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

22. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the Parties. No person or entity has who is not a party to this Agreement shall have aany rights or remedies under this Agreement.

23. Attorneys’ Fees. In the event that any action or proceeding, including arbitration, is commenced by either City or HDC against the other to establish the validity of this Agreement or to enforce or interpret any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its reasonable attorneys’ fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and reasonable attorneys’ fees on appeal.

24. Indemnification. To the fullest extent permitted by law, HDC shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of HDC, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of HDC’s construction work, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, HDC’s indemnity obligation shall not apply to liability for damages for 232
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death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

25. Governing Law, Jurisdiction and Venue. This Agreement shall be governed under California law, is executed and is to be performed in San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in a state or federal court in the County of San Bernardino, California. City and HDC each consent to the personal jurisdiction of such court in any such action or proceeding.

26. Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, City and HDC both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.

27. Non-Waiver. None of the provisions of this Agreement and none of the rights of the Parties shall be considered waived by either Party for any reason, unless such waiver is specifically specified in writing.

28. Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

29. Representations of the Parties. Each person signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party’s execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

Dated:

HDC CONSTRUCTION, INC., a California
corporation
By:

Name:

Its:

By:

Name:

Its:
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Dated:

CITY OF ONTARIO, a California
municipal corporation
By:

Name: Scott Ochoa
Its: City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
By:

City Attorney
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Exhibit “A”
Description of Public Improvements
[on following page]
235
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Exhibit “B”
Schedule of Performance
236
Department: Police Department
Prepared By: Heather M Lugo
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 26
SUBJECT:

A COST SHARING AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL

DISTRICT FOR SCHOOL RESOURCE OFFICERS

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve and authorize the City Manager or designee to execute a one-year Cost Sharing Agreement (on ﬁle in the Records Management Department) with the Chaﬀey Joint Union High School District for three School Resource Oﬃcers in the amount of $255,000.

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 Police Department has assigned one School Resource Oﬃcer (SRO) at Chaﬀey High School, Colony High School, and Ontario High School. Chaﬀey Joint Union High School District (CJUHSD) has agreed to reimburse the city $255,000 for the school year, consistent with the terms and conditions of the Agreement. The amount covers approximately 50% of the annual cost of three oﬃcers for the period of August 2023-May 2024. The General Fund includes appropriations for these costs in the Fiscal Year 2023-24 Adopted Budget.

BACKGROUND & ANALYSIS:

The role an SRO serves at the various high schools has multiple beneﬁts. In addition to providing a police presence at each high school, SRO’s serve as positive role models for students. They foster student, faculty, staﬀ, and law enforcement interaction, and provide on-site crisis intervention. CJUHSD has agreed to enter into a one-year Cost Sharing Agreement in the amount of $255,000. Under this Agreement, the Ontario Police Department will provide SRO services at Chaﬀey High School, Colony High School, and Ontario High School to help maintain a safe and secure environment on these campuses. 237
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: 27
SUBJECT:

APPROVAL OF A LOAN AGREEMENT BETWEEN CITY AND 221 N MOUNTAIN

AVENUE LLC

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Appropriations in the amount of $297,000 will be included in the next quarterly update to the General Fund.

BACKGROUND & ANALYSIS:

To further encourage ongoing redevelopment in Ontario, in April of 2022 the City implemented a pilot program to assist businesses and developers by reimbursing a portion of Inland Empire Utilities Agency (IEUA) - imposed sewer connection fees. IEUA fees are collected by the City on behalf of the agency to cover the cost of capital improvements to their regional sewage treatment plants. The sewer connection fee is a one-time fee paid indirectly to IEUA for any new or upsized connection to a sewer collection system within the IEUA service area. Originally, the program was designed to cater to restaurants in high-pedestrian areas that have IEUA fees that exceed $100,000 located.

It was designed as an incentive to attract high-quality restauranteurs in diﬃcult-to-develop sites in the City. To date, two restaurants have successfully received this loan. On June 6, 2023, the City Council voted to amend this program to extend to residential developers with projects in designated neighborhoods that have been traditionally difficult to develop.

238
Qualifying residential developments are now eligible to apply for a forgivable loan up to $300,000 to cover 100 percent of the cost of IEUA fees. Eligibility criteria includes the following:

Project is limited to residential developments that do not exceed 40 units.

Project must not contain retail.

Applicant must demonstrate a public beneﬁt associated with this project, such as: project will result in reduction of blight
will reduce or remove a public nuisance; will help the City achieve its Regional Housing Needs Allocation; or will contribute to the health, safety and welfare of the City's residents, etc.

Project is located in one of three underdeveloped intersections of the City: 1) Mission and Mountain avenues, 2) Mountain Avenue and Holt Boulevard, and 3) East Riverside Drive and Euclid Avenue. Applicant has demonstrated a ﬁnancial hardship associated with the Development that indicates the project would not be able to advance.

Applicant must provide receipts that all development fees have been paid.

Applicant and development is in good standing with the City (i.e. there are no active code enforcement violations, all fees have been paid, etc.).

A Developer is limited to receiving only one IEUA reimbursement loan from the City.

Funding is available on a ﬁrst come, ﬁrst served basis and the funds must be used by December 31, 2023, whichever comes first.

A Deed of Trust will also be required.

The Economic Development Agency received an application from 221 N Mountain Avenue, LLC. (Borrower). The Borrower is building 39, one- and two-bedroom units of row-style townhomes residential project in a historically diﬃcult-to-develop site at the northwest intersection of Mission Avenue and Holt Boulevard. Current uses at this corner include a liquor store, gas station, and auto-related uses. It is an anticipated that this development will serve as a catalyst for future development and improvement at this intersection, but without this assistance, the Borrower expressed concern that this development would not be able to proceed.

The proposed development will also strengthen the City's land use and social structure, increase the local housing supply, alleviate economic and physical blight on the Property, and in the surrounding community by eliminating a vacant site.

After review of the Borrower's application, Staﬀ has determined that it meets the eligibility criteria and supports the development goals of the City for this location. Therefore, Staﬀ recommends the Borrower be granted a loan and that Staﬀ is authorized to execute to enter into a Loan Agreement in the amount of $296,400 (shown in promissory note in Exhibit A of Loan Agreement). Per Loan Agreement terms, Borrower will receive the loan once Building Permit payments are made. The loan will be forgivable when the project receives approval of Certificate of Occupancy from the City.

239
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: 28
SUBJECT:

AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF ALL CITY AND

ONTARIO HOUSING AUTHORITY-OWNED PROPERTIES

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

There is no direct fiscal impact is associated with this action.

BACKGROUND & ANALYSIS:

The Downtown Ontario Improvement Association (DOIA) is a public beneﬁt corporation whose role is to administer the Downtown Ontario Community Beneﬁt District (District). This District generally extends along Euclid Avenue between G Street to the north and W.

Emporia Street to the south, map can be found attached (Exhibit A). The primary function of the District is to provide maintenance and marketing services above and beyond what the City of Ontario provides, including additional and regular sidewalk and gutter cleaning services, beautiﬁcation of the District including seasonal displays and banners, and additional dedicated marketing campaigns of Downtown Ontario. The District's activities are funded through tax- assessments on property owners, including public entities such as the City of Ontario, in the Downtown.

The original formation of the District was in 2018 for a ﬁve-year term and is set to expire December 31, 2023. Because of the success of the District and the anticipated future growth and activity of Downtown, eﬀorts are underway to reestablish the District, only this time for a 10-year term. In December 2023, the District will seek reestablishment pursuant to Sec 36600 ET. SEQ of the California Streets and Highways Code.

The initiation of this process includes the properties within the district jurisdiction petitioning in favor of the reestablishment. This petition drive of support is among the property owners, their 240
inﬂuence, or weight, depends on frontage, parcel square footage, and building square footage.

Current State law requires 50% of the property owners, by weight, to support the formation of the district. If more than 50% petition in favor, this will trigger a vote. The City and Ontario Housing Authority currently owns a combined 35% of the properties within the District.

In order for the City to be able to vote in both the petitioning and balloting process, Staﬀ is seeking City Council approval to appoint a designee. As such, Staﬀ is recommending that the City Manager or his designee is given that authority to represent both the City and Ontario Housing Authority- owned properties in the upcoming votes for both the petitioning and balloting reestablishment process.
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02 060708
0504
09 1048356 1048361
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10490641049056
13 01 02
08 13 11
0405
17 14 05
04 03
01 02
070810
03 08
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09 020304
08 09 0302
01 0203
08 0706
01 0203
1421090807
15 13
11 02
04 0506
03 08
07 0605
04 06
12 10 07
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10 04 12 10
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07 10
13 19
Euclid Ave
Euclid Ave
Euclid Ave
Euclid Ave
1048552
1048362
242
Department: Management Services
Prepared By: Brandi Belmontes
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Reviewed By: Jordan T Villwock
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 29
SUBJECT:

DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES

ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct ﬁscal impact by taking this action; however, representation and participation in the League of California Cities upcoming business meeting will help establish League policy on matters that may affect the City's finances.

BACKGROUND & ANALYSIS:

The League has scheduled its General Assembly Meeting for September 22, 2023, during the Annual League of California Cities Conference & Expo in Sacramento, California. At that meeting, the League membership will consider and take action on resolutions that establish Cal Cities policy.

Consistent with Cal Cities bylaws, a city's voting delegate and alternate must be designated by City Council action.
243
Department: Engineering
Prepared By: Jaime Maciel-Carrera
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 30
SUBJECT:

A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY TO

ACQUIRE BY EMINENT DOMAIN PERMANENT EASEMENT AND TEMPORARY

CONSTRUCTION EASEMENT INTERESTS IN PORTIONS OF REAL PROPERTY FOR

THE GROVE AVENUE AND HOLT BOULEVARD INTERSECTION WIDENING PROJECT

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing and:

A
.

Make the following findings as hereinafter described in this report:
a
.

The public interest and necessity require the proposed project; b
.

The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
c
.

The real property to be acquired is necessary for the project; and d
.

The offers of just compensation have been made to the property owners; and C
.

Adopt a Resolution of Necessity declaring that the acquisition by eminent domain of permanent easement and temporary construction easement interests in portions of certain real property, more particularly described as Assessor Parcel Numbers 0110-061-10, 0110- 061-21, 0110-061-24, 0110-061-25, 0110-061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472-22, 1048-472-24, 1048-472-25, 1049-141-24, 1049-141-25, 1049-141-30 and 1049- 141-31 (collectively, the “Property”), is necessary for the construction of the Grove Avenue and Holt Boulevard Intersection Widening Project, in Ontario, California THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
244
FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the amount of $4,403,731 to complete all phases of the Project including design, right of way acquisition and construction. Per the San Bernardino County Transportation Authority (SBCTA) Valley Major Street Program — Arterial Subprogram, the City's share of the Project is 44.4% from Old Model Colony Street Development Impact Fees and SBCTA’s Measure I share is 55.6%. The split is in accordance with SBCTA's approved Measure I 2010-2040 Strategic Plan. Deposits to ﬁle the Resolution of Necessity total $777,600 with the City’s share of $345,254 coming from Development Impact Fee Fund.

BACKGROUND & ANALYSIS:

The Grove Avenue and Holt Boulevard Intersection Widening Project and related public infrastructure improvements are required and will beneﬁt the community by widening Grove Avenue and Holt Boulevard to the ultimate conﬁguration per The Ontario Plan recommendations. Improvements to the intersection will include the installation of additional turn lanes, thereby increasing travel eﬃciency on Grove Avenue and Holt Boulevard. It will also improve pedestrian access as required by the Americans with Disabilities Act.

In order to complete the improvements envisioned by the project, additional permanent easements and temporary construction easements are necessary. As the ﬁrst step in the process of acquiring these easements, the City obtained appraisals of the aﬀected properties from the consulting ﬁrm of Bender Rosenthal, Inc. Oﬀers of just compensation were then made to the property owners for the acquisitions pursuant to California Government Code section 7267.2. Bender Rosenthal has been negotiating on behalf of the City to purchase the easements. Agreements have been reached with three (3) property owners; the remaining properties are still in negotiations. The adoption of the Resolution of Necessity will not aﬀect any agreements already reached with property owners.

Preliminary title reports were ordered to determine and conﬁrm the identities of the record owners. Following standard public records and due diligence searches for ownership information, notices of this public hearing were mailed to each affected property owner.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, oﬀers of just compensation were made to the owners for the full Fair Market Value as determined by an independent appraisal. City Staﬀ attempted to acquire amicable settlement in good faith and will continue to do so throughout the process. California’s deﬁnition of Fair Market Value is one of the most inclusive deﬁnitions in the United States and requires the appraiser to consider the highest and best use of the property and to consider the highest price a willing buyer and seller would agree to. The City’s appraisals must use this definition of Fair Market Value.

California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which may only be adopted after the governing body has given each party with an interest in the aﬀected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
245
1 .

The public interest and necessity require the proposed Project; 2 .

The Project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3 .

The real property to be acquired is necessary for the Project; and 4 .

The offers of just compensation have been made to the property owner.

Since agreements have not been reached with the remaining property owners, it is necessary to acquire the properties by eminent domain to meet critical project deadlines. Pursuant to Section 1245.235 of the California Code of Civil Procedures, notice of this hearing was sent by ﬁrst class mail on July 27, 2023, to each record owner, and stated the City’s intent to consider the adoption of a resolution, the right of the property owner to appear and be heard, and notice that failure to ﬁle a written request to appear may result in a waiver of the right to appear and be heard.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

The aﬀected properties (“Properties”) are located
on both sides of Grove Avenue from Nocta Street to 400’ south of Holt Boulevard, and both sides of Holt Boulevard from 800’ west of Grove Avenue to 800’ east of Grove Avenue (Exhibits A through N).

The following table provides greater detail on the Properties and identiﬁes the legal descriptions and exhibit numbers which properties are also attached to the Resolution:

Assessor
Parcel No
.

Record Owner
Description of Property to be Acquired
Exhibit
0110-061-10
Crossroad
Ontario LLC

Permanent Easement and Temporary Construction
Easement. The site address is 1207 E. Holt Blvd., Ontario.

A
0110-061-21

OM Sai
Hospitality, Inc.

Permanent Easement and Temporary Construction
Easement. The site address is 1217 E. Holt Blvd., Ontario.

B
0110-061-24

Hideo Kikumoto
and Jeanette M.

Kikumoto as
Trustees of the
Kikumoto Trust
dated June 27,
1988

Permanent Easement and Temporary Construction
Easement. The site address is 1315 E. Holt Blvd., Ontario.

C
246
0110-061-25

Babubhai P.

Prajapati, a
married man as
his sole and
separate
property and
Shashikalaben
Premchandbhai
Prajapati, as
Trustee of the
Shashikalaben
P. Prajapati
Revocable Trust,
dated January
16, 2021

Permanent Easement and Temporary Construction
Easement. The site address is 1241 E. Holt Blvd., Ontario.

D
0110-061-30

Ontario
Property
Owner, LLC

Permanent Easement and Temporary Construction
Easement. The site address is 1253 E. Holt Blvd., No. A, Ontario.

E
0110-061-31

Mohammed I.

Patel, Trustee of
the Mohammed
I. Patel Living
Trust, dated
May 12, 2000

Permanent Easement and Temporary Construction
Easement. The site address is 1253 E. Holt Blvd., Unit B, Ontario
F
0110-131-20

Edward Berki,
Trustee and
Successor
Trustee of the
Edward Berki
2014 Living
Trust, dated
June 22, 2014
Two Temporary Construction Easements. The site address is 1228 E. Holt Blvd., Ontario.

G
1048-472-15

Uikelotu Ngalo,
Semisi M.

Kakau, Semisi
Kofu, Sione L.

Tovi, Uilisa Uele,
Sesmisi Tonga
and Sosaia
Ngalo
Permanent Easement. The site address is 1182 E. Nocta St., Ontario.

H
247
1048-472-22

Virginia-Holt
Housing, L.P.

Temporary Construction Easement. The site address is 110 N. Virginia Avenue, Ontario.

I
1048-472-24
1048-472-25
Elba, Inc.

Two Permanent Easements and Two Temporary
Construction Easements. The site address is 1133 & 1191 E.

Holt Blvd., Ontario.

J
1049-141-24
Adel Batarseh

Permanent Easement and Temporary Construction
Easement. The site address is 1194 E. Holt Blvd., Ontario.

K
1049-141-25
ShivaSMT, Inc.

Temporary Construction Easement. The site address is 1120 E. Holt Blvd., Ontario.

L
1049-141-30

Rexford
Industrial -1172
Holt LLC

Temporary Construction Easement. The site address is 1172 E. Holt Blvd., Ontario.

M
1049-141-31

Rexford
Industrial -1154
Holt LLC

Temporary Construction Easement. The site address is 1154 E. Holt Blvd., Ontario.

N
HEARINGS AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to
the acquisition of permanent and temporary easement interests in the Properties.

California
eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a resolution of necessity, which may only be adopted after the governing body has given each party with an interest in the aﬀected property, or their representatives, a reasonable opportunity to appear and be heard on the following four
required findings:
1 .

The Public Interest and Necessity Require the Proposed Project The Grove Avenue and Holt Boulevard Intersection Widening Project in the City of Ontario, San Bernardino County, California, will reduce traﬃc congestion along Grove Avenue and Holt Boulevard; will improve motorist and pedestrian safety; will reduce accidents and delays to motorists; and, improve air quality.
2 .

The Project is Planned or Located in a Manner That Will be Most Compatible with
the
Greatest Public Good and the Least Private Injury
The intersection improvements are designed to minimize impacts and maximize the eﬃciency of the City’s transportation system. The Project provides an improved intersection level of service and improves traffic circulation in the area. The Properties to be acquired are best suited for the Project and will cause the least private injury. To move this Project elsewhere would require signiﬁcant reconstruction of street infrastructure, cause a greater impact in the new location as well as to nearby residents, be much more costly at the expense of local taxpayers, and not improve the 248
intersection level of service.
3 .

The Real Property to be Acquired is Necessary for the Proposed Project The properties described and depicted in Exhibits A through N, portions of APNs 0110-061-10, 0110-061-21, 0110-061-24, 0110-061-25, 0110-061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472-22, 1048-472-24, 1048-472-25, 1049-141-24, 1049-141-25, 1049-141-30 and 1049-141-31 are necessary for the City’s Street widening and improvements to Grove Avenue and Holt Boulevard.
4 .

The Offers of Just Compensation Have Been Made
Appraisals were prepared by Bender Rosenthal, Inc. to establish the fair market value of the real property the City is seeking to acquire. Oﬀers of just compensation were made to the property owners to purchase the permanent and temporary easement interests as established by the approved appraisal and as required by Section 7267.2 of the California Government Code.

Although a negotiated settlement may still be possible for the real properties cited above, it would be appropriate to commence the procedures to acquire the property through eminent domain, to ensure that the City has possession of the real property, which is necessary in order for the City to begin construction of the project.

The assessor parcel number, the party to whom the oﬀer was made, and the date of the oﬀer is provided in the following table:

Assessor
Parcel No.

Record Owner
Date of Offer
0110-061-10
Crossroad Ontario, LLC
4/21/2023

0110-061-21

OM Sai Hospitality, Inc.

5/19/2023

0110-061-24

Hideo Kikumoto and Jeanette M. Kikumoto as
Trustees of the Kikumoto Trust dated June 27, 1988

5/19/2023

0110-061-25

Babubhai P. Prajapati, a married man as his sole
and separate property and Shashikalaben
Premchandbhai Prajapati, as Trustee of the
Shashikalaben P. Prajapati Revocable Trust, dated
January 16, 2021
5/19/2023

0110-061-30

Ontario Property Owner, LLC

5/19/2023

0110-061-31

Mohammed I. Patel, Trustee of the Mohammed I.

Patel Living Trust, dated May 12, 2000

5/19/2023
249

0110-131-20

Edward Berki, Trustee and Successor Trustee of the
Edward Berki 2014 Living Trust, dated June 22,
2014

4/21/2023
1048-472-15

Uikelotu Ngalo, Semisi M. Kakau, Semisi Kofu,
Sione L. Tovi, Uilisa Uele, Sesmisi Tonga, Sosaia
Ngalo
5/19/2023

1048-472-22

Virginia-Holt Housing, L.P.

5/19/2023

1048-472-24
1048-472-25
Elba, Inc.
5/26/2023

1049-141-24

Adel Batarseh

5/19/2023

1049-141-25

ShivaSMT, Inc.

4/21/2023

1049-141-30

Rexford Industrial - 1172 Holt, LLC

4/21/2023

1049-141-31

Rexford Industrial - 1154 Holt, LLC

4/21/2023
ENVIRONMENTAL ANALYSIS:

The environmental impacts of this project were previously reviewed in conjunction with the Grove Avenue Corridor Project Environmental Impact Report (State Clearinghouse No. 2014101071)
,
certiﬁed by the City Council on July 20, 2021. This application introduces no new significant environmental impacts.
250
RESOLUTION NO. ________

A RESOLUTION OF NECESSITY BY THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, TO ACQUIRE BY EMINENT DOMAIN

PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION

EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY

FOR THE GROVE AVENUE AND HOLT BOULEVARD INTERSECTION
WIDENING PROJECT IN THE CITY OF ONTARIO.

WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, permanent easement and temporary construction easement interests in portions of certain real property located in the City of Ontario, more particularly described as Assessor Parcel Numbers 0110-061-10, 0110-061-21, 0110-061-24, 0110-061-25, 0110- 061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472-22, 1048-472-24, 1048-472- 25, 1049-141-24, 1049-141-25, 1049-141-30 and 1049-141-31, for the Grove Avenue and Holt Boulevard Intersection Widening Project in the City of Ontario, San Bernardino County, California, pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, August 15, 2023, at 6:30 p.m. at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.

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

SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 2. Public Use. The public uses for which the real property interests are to be acquired are for the Grove Avenue and Holt Boulevard Intersection Widening Project in the City of Ontario, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.
251
SECTION 3. Description of Property. Attached and marked as Exhibits “A” through “N” are the legal definitions, legal descriptions and depictions of the interests to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification.

SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project;
(b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury;
(c) The properties defined, described and depicted in Exhibits "A through N” are necessary for the proposed project;
(d) The offer required by Section 7267.2 of the California Government Code was made.

SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:

Some or all of the real property to be acquired may be subject to easements and rights- of-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.

SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use. Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized 252
and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property. Counsel is further authorized to reduce or modify the extent of the interests or property to be acquired so as to reduce the compensation payable in the action where such change would not substantially impair the construction and operation for the project for which the real property is being acquired.

SECTION 8. Effective Date. 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 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

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

BEST, BEST & KRIEGER LLP

CITY ATTORNEY
253
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 August 15, 2023, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
254

EXHIBIT A
Assessor Parcel No. 0110-061-10
255
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

Property owner(s) shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of the City, its successors and assigns.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Property owner(s) shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.
"Temporary construction easement" or "TCE" refers to the temporary and non- exclusive right of the City of Ontario ("City"), its successors and assigns, to engage in construction and related activities for purposes of constructing the City's project known as the Grove Avenue and Holt Boulevard Intersection Widening Project ("Project"), together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights.

The rights under this Temporary Construction easement are non-exclusive and the owner(s) may make use of the TCE area so long as it does not interfere with the rights, purpose, and intent of the City's use of the Temporary Construction Easement.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 256
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

In the event the City is unable to complete the Project before the expiration of the Temporary Construction Easement period, the City reserves the right to extend the TCE period for up to an additional 12 months upon: (i) 72 hours' notice of the need for any such extension, and (ii) payment of just compensation for each month the TCE is extended in an amount agreed-upon by the City and the owner(s), or in the event there is no such agreement, the probable amount of just compensation that is determined by a qualified appraisal.

Non-Permitted Activities by Property Owner(s):

Through the duration of the TCE, the property owner and their successor or assigns may not, without the express written consent of the City: (i) erect or permit the erection of any building, wall, fence or other structure within the Temporary Construction Easement area; (ii) plant nor permit the planting of any tree(s), plant(s) or other vegetation or flora on any portion of the Temporary Construction Easement are; (iii) undertake or permit the undertaking of any activity that may interfere with the City's use of the Temporary Construction Easement and exercise of all rights and privileges thereof; or (iv) grant any other easements on, under or over the Temporary Construction Easement area that would interfere with the City's use or purpose of the TCE.

Permitted Activities by the City:

Through the duration of the TCE, the City, its employees, agents, representatives, contractors, subcontractors, and workmen shall be allows to: (i) perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction Easement Parcel on a non-exclusive basis; (iii) have access to, ingress to, and egress from the Temporary Construction Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Parcel.

Obligations of the Ciq:

The City agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Temporary Construction Easement, that upon completion of that portion of the Project abutting to the Property, the City shall: (i) repair or replace in kind, at the City's sole discretion and expense, any improvements such as fences, gates and other "hard" features that the property owner(s) did not receive compensation for, existing on the Temporary Construction Easement Parcel that are damaged as a result of the City's exercise of its rights and privileges under the Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel in a clear, graded state with no construction debris present.
257
SHEET 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION
Property Address: 1207 East Holt Boulevard, Ontario Ca, 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\5 (APN 0110-061-10)\Acquisition document\5A (APN 0110-061-10) Acq Legal Description Rev 060623.docx

(PERMANENT EASEMENT)

APN 0110-061-10

BEING A PORTION OF THE WEST 2 ACRES OF LOT 1017, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER ‘MAP OF ONTARIO’ RECORDED IN BOOK 11, PAGE 6 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST 2 ACRES OF LOT 1017 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF-WIDTH) AS DESCRIBED IN A DOCUMENT RECORDED ON SEPTEMBER 19, 2001 AS INSTRUMENT NUMBER 20010425710 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE NORTH 00°21’49” WEST, ALONG SAID EAST LINE, 10.16 FEET, TO A POINT LYING 73.16 FEET

NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF SAID HOLT BOULEVARD;

THENCE LEAVING SAID EAST LINE, SOUTH 89° 36’ 06” WEST, 38.24 FEET;

THENCE NORTH 45° 28’ 30” WEST, 35.57 FEET;

THENCE NORTH 00° 21’ 10” WEST, 34.03 FEET;

THENCE NORTH 15° 41’ 27” WEST, 82.53 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF GROVE AVENUE (44.00 FEET HALF-WIDTH), AS SAID EASTERLY RIGHT OF WAY LINE IS SHOWN IN SAID INSTRUMENT NUMBER 20010425710;

THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF GROVE AVENUE AND SAID NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD, THE FOLLOWING THREE (3) COURSES:

1) SOUTH 00° 21’ 49” EAST, 127.24 FEET;
2) SOUTH 47° 29’ 54” EAST, 31.84 FEET;
3) NORTH 89° 35’ 48” EAST, 61.91 FEET, TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAIN 3,088 SQUARE FEET ACRES, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERNCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
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L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
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SHEET 1 of 2
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1207 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\5 (APN 0110-061-10)\TCE docuement\5(APN 0110-061-10) TCE revised Legal Description 060623.docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-10

IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THE WEST 2 ACRES OF LOT 1017, PER ‘MAP OF ONTARIO’ RECORDED IN BOOK 11, PAGE 6 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST 2 ACRES OF LOT 1017 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF -WIDTH) AS DESCRIBED IN A DOCUMENT RECORDED ON SEPTEMBER 19, 2001 AS INSTRUMENT NUMBER 20010425710 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE NORTH 00°21’49” WEST, ALONG SAID EAST LINE, 10.16 FEET, TO A POINT LYING 73.16 FEET

NORTHERLY OF, AS MEASURED AT RIGHT AN GLES TO THE CENTERLINE OF SAID HOLT BOULEVARD, AS SAID CENTERLINE IS SHOWN IN SAID INSTRUMENT NUMBER 20010425710, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID EAST LINE, SOUTH 89° 36’ 06” WEST, 38.24 FEET;

THENCE NORTH 45° 28’ 30” WEST, 35.57 FEET;

THENCE NORTH 00° 21’ 10” WEST, 34.03 FEET;

THENCE NORTH 15° 41’ 27” WEST, 82.53 FEET, TO THE EASTERLY RIGHT OF WAY LINE OF GROVE AVENUE (44.00 FEET HALF -WIDTH), AS SAID EASTERLY RIGHT OF WAY LINE IS SHOWN IN SAID INSTRUMENT NUMBER 20010425710;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 34.05 FEET;

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 15° 41’ 27” EAST, 116.58 FEET;

THENCE SOUTH 00° 21’ 10” EAST, 31.51 FEET;

THENCE SOUTH 45° 28’ 30” EAST, 26.69 FEET;

THENCE NORTH 89° 36’ 06” EAST, 35.53 FEET; TO THE EAST LINE OF SAID WEST 2 ACRES;

THENCE SOUTHERLY ALONG SAID EAST LINE, SOUTH 00°21’49” EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING.

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SHEET 2 of 2
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1207 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\5 (APN 0110-061-10)\TCE docuement\5(APN 0110-061-10) TCE revised Legal Description 060623.docx

THE LAND DESCRIBED HEREIN CONTAIN 1,840 SQUARE FEET MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERNCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/24
261
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
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EXHIBIT B
Assessor Parcel No. 0110-061-21
263
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 264
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION
Property address: 1217 East Holt Boulevard, Ontario, Ca 91761

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(PERMANENT EASEMENT)

APN 0110-061-21

BEING A PORTION OF THE SOUTH 287.00 FEET OF THE WEST 188.90 FEET OF THE EAST 3 ACRES OF THE WEST 5 ACRES OF LOT 1017, THE MAP OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 6, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF P ARCEL 2, AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 19 PAGE 70, RECORD OF SURVEYS, RECORDS OF SAID COUNTY, WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF - WIDTH), AS DESCRIBED IN A DOCUMENT RECORDED ON NOVEMBER 29, 2006 AS INSTRUMENT NUMBER 2006-0808149 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 10.14 FEET TO A POINT LYING 73.14

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF SAID HOLT BOULEVARD, AS SAID CENTERLINE IS SHOWN IN SAID INSTRUMENT NUMBER 2006-0808149;

THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 36’ 06” WEST, 188.90 FEET TO INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL 2, SAID INTERSECTION LYING 73.15 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID WESTERLY LINE, 10.16 FEET, TO SAID NORTHERLY RIGHT OF WAY LINE;

THENCE NORTH 89° 35’ 48” EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 188.90 FEET, TO THE POINT OF BEGINNING;

THE LAND DESCRIBED HEREIN CONTAIN 1,917 SQUARE FEET MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
266
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
267

EXHIBIT “A”

LEGAL DESCRIPTION

Page 1 of 2 ends

Ontario City CouncilAugust 15, 2023

Ontario City Council
August 15, 2023