Agenda packet — Ontario City Council, November 7, 2023 (part 1 of 4)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting

NOVEMBER
7, 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

ATTACHMENT:

20231107 Closed Session

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

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.

CLOSED SESSION PUBLIC COMMENT

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

CLOSED SESSION
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel

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

RCVRS 51010, 4th District Appellate Case Nos. E079052, E080533, E080457 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

PLEDGE OF ALLEGIANCE
Council Member Wapner

INVOCATION
Pastor Martin Chavez, First Fundamental Bible Church Ontario

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

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

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

AGENDA REVIEW/ANNOUNCEMENTS

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

CONSENT CALENDAR

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

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

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20231003 Minutes (Not official until approved).docx

2. BILLS & PAYROLL

3. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC

UTILITY PURPOSES LOCATED AT THE SOUTHEAST CORNER OF EUCLID AVENUE AND EAST D STREET

ATTACHMENT:

20231107 Vacation 309^01 EXH 1.pdf

ATTACHMENT:

20231107 Vacation 309^02^RESO^RM

ATTACHMENT:

20231107 Vacation 309^03 RESO EXH A - B.pdf

4. AN AMENDMENT TO THE AGREEMENT WITH CONVERGINT TECHNOLOGY, LLC, FOR THE

SUPPORT OF SECURITY CAMERAS, DOOR ACCESS SYSTEMS AND CITY FACILITY EMERGENCY NOTIFICATIONS.

ATTACHMENT:

Amendment 1_Convergint Technologies LLC.pdf

5. FISCAL YEAR 2023-24 FIRST QUARTER BUDGET UPDATE REPORT

ATTACHMENT:

FY 2023-24
First Quarter Budget Update Report_EXHIBIT A.pdf

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

ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE ARMSTRONG

COMMUNITY CENTER ROOF RESTORATION PROJECT
Minutes for the regular meetings of the City Council and Housing Authority of October 3, 2023 and approving same as on file in the Records Management Department.

Bills September 29, 2023 through October 19, 2023, and Payroll September 24, 2023 through October 7, 2023.

That the City Council adopt a Resolution ordering the summary vacation of an easement for public utility purposes located at the southeast corner of Euclid Avenue and East D Street.

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

SUMMARY VACATION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED AT THE

SOUTHEAST CORNER OF EUCLID AVENUE AND EAST D STREET
That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the current Agreement with Convergint Technology, LLC, of Anaheim, California, to include the CCTV Intersection Camera Installation, Citywide Camera Refresh and Expansion, and the City Facilities Notiﬁcation, Emergency, and Overhead Paging System projects in the amount not-to-exceed $3,551,364.

That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2023-24 First Quarter Budget Update Report (Exhibit A).

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

ATTACHMENT:

Amend. 18 Robert Borders & Associates

ATTACHMENT:

Armstrong Community Center Proposal-R1.pdf

7. APPROVE WEST COAST LIGHTS AND SIRENS, INC. AS AN AUTHORIZED SUPPLIER AND

AWARD A GOODS & SERVICES AGREEMENT FOR FLEET VEHICLE EQUIPPING

ATTACHMENT:

West Coast Lights & Sirens Inc. Agreement

8. APPROVAL OF PRE-AUTHORIZED SUPPLIERS TO PROVIDE SERVICES AND PARTS FOR

SPECIALIZED FLEET AND EQUIPMENT

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR PHASE 2 OF THE ONTARIO PLAN (TOP) 2050 UPDATE
That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 18 to the Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, for the Armstrong Community Center Roof Restoration Project in the amount of $40,303 for a not-to-exceed contract amount of $622,842; and
B
.

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

That the City Council take the following actions:

A
.

Approve West Coast Lights and Sirens, Inc., of Riverside, California, as an authorized supplier for current and future purchases and installation of electronics and equipment associated with the routine replacement of City fleet vehicles; and B
.

Authorize the City Manager or his designee to execute a Goods and Services Agreement with West Coast Lights and Sirens, Inc., of Riverside, California, for ﬂeet vehicle equipping for a total not-to-exceed contract amount of $2,250,000 over a three-year term.

That the City Council take the following actions:

A
.

Approve pre-authorized suppliers to provide parts and maintenance services for specialized fleet and equipment; and
B
.

Authorize the City Manager or his designee to execute contracts with each vendor for no more than the listed not-to-exceed contract amounts.

That the City Council approve and authorize the City Manager or designee to execute Amendment No. 4 to a Professional Services Agreement with PlaceWorks, Inc. of Santa Ana, to increase project funding by $1,625,701, for a total authorized expenditure amount of $4,935,701, to prepare the Ontario Regional Sports Complex (ORSC) Subsequent Environmental Impact Report (SEIR).

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

ATTACHMENT:

Amendment No 4. Placeworks Inc
- TOP 2050 PSA

10. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR

ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO MILLS LANDSCAPE DESIGN

ATTACHMENT:

Amendment No. 5 RJM Design Group PW1819-1^01.pdf

11. THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-004) TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT SITE

LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND WALNUT STREET

ATTACHMENT:

20231017 File No.PUD22-004 Euclid Walnut Mixed Use CC^02 AR Attach B - PUD^ORD^RM

ATTACHMENT:

File No. PUD22-004
Euclid Walnut Mixed Use CC^03 PUD Ordinance
Attach A - PUD Doc

ATTACHMENT:

File No. PUD22-004 Euclid Walnut Mixed Use CC^04 PUD Ordinance Attach B - COAs REV.pdf

12. ACCEPT AND APPROVE LAW ENFORCEMENT EQUIPMENT GRANT PROGRAM ADDITIONAL AWARD FOR FISCAL YEAR 2022-23

ATTACHMENT:

2023-COPS-GROWTH.pdf

13. ACCEPTANCE OF GRANT AWARD FROM THE U. S. DEPARTMENT OF HOMELAND SECURITY

AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES PROVIDED THROUGH THE FISCAL YEAR 2022 URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Design Services Agreement
for contract No. PM 1819-1 with RJM Design Group of San Juan Capistrano, California, to provide On-Call Landscape Architectural Services for the Ontario Mills Landscape Design Project in a
total amount of $102,100 and a total not-to-exceed
amount of $527,100.

That the City Council adopt
an Ordinance approving the Euclid Walnut Planned Unit
Development (File No. PUD22-004).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING FILE NO. PUD22-004, THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT, ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT SITE

GENERALLY LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND WALNUT STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1051-271-67, 1051-271-06, AND 1051-271-66.

That the City Council authorize the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2022-23 in the amount of $277,260.

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

ATTACHMENT:

OPD - UASI FY22 Award.Letter.pdf

14. AUTHORIZE A SOLE SOURCE PURCHASE OF A PUBLIC SAFETY VEHICLE FROM LDV INC.

ATTACHMENT:

LDV
Public Safety Vehicle Quote.pdf

15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND PREVENTION ROUND 3 (HHAP-3) FUNDING ADMINISTERED BY THE COUNTY OF SAN

BERNARDINO TO RAPIDLY REHOUSE HOMELESS FAMILIES AND INDIVIDUALS

ATTACHMENT:

San Bernardino County HHAP-3 Contract

16. A RESOLUTION OF INTENTION TO RENEW THE DOWNTOWN ONTARIO COMMUNITY

BENEFIT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN DISTRICT

ATTACHMENT:

CBD Management District Plan^ 01 Attachment A

ATTACHMENT:

CBD Boundary Map^02 Attachment B

ATTACHMENT:

CBD Engineers Report^03 Attachment C

ATTACHMENT:

Resolution of Intention Downtown PBID - 2023 Renewal^RESO^RM

17. UPDATED LEGISLATIVE PLATFORMS
That the City Council authorize the City Manager or his designee to execute all documents necessary to accept a three-year sub-grant award in the amount of $600,000 from the U.S.

Department of Homeland Security and the California Oﬃce of Emergency Services provided through the Fiscal Year 2022 UASI Grant Program.

That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the sole source purchase of a Public Safety Vehicle from LDV Inc., of Burlington, Wisconsin, in the amount of $500,030.

That the City Council accept $135,000 in HHAP-3 funding to provide eight households that are homeless in the west valley of San Bernardino County with move-in costs and up to six months’ rent assistance and services to stabilize their housing.

That the City Council take the following actions:

A
.

Adopt a Resolution of Intention to renew the Downtown Ontario Community Beneﬁt District and to levy and collect assessments within such District pursuant to California Streets and Highways Code 36600;
B
.

Direct Staﬀ to mail the notice of public hearing and assessment ballots to all aﬀected property owners within the proposed district boundaries.

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

INTENTION TO RENEW THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT AND TO

LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE ESTABLISHMENT OF PROPERTY BUSINESS IMPROVEMENT DISTRICTS, SECTION 36600 OF THE

CALIFORNIA STREETS AND HIGHWAY CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.

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

ATTACHMENT:

2024 State Legislative Platform - Final.docx

ATTACHMENT:

2024 Federal Platform -Final .docx

18. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA) SPECIAL TAX BONDS, SERIES 2023

AND RELATED MATTERS
That the Council approve the 2024 State and Federal Legislative Platforms.

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

A
.

Consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 56 (Parkside/La Avenida) Special Tax Bonds, Series 2023 , in an
aggregate principal amount of not-to-exceed $21 million, authorizing the execution and delivery of an indenture, a bond purchase agreement, a continuing disclosure agreement, a ﬁrst amendment to acquisition and funding agreement, authorizing the distribution of an official statement
and related actions;
B
.

Consider and adopt a Resolution of the City of Ontario making a declaration of oﬃcial intent to reimburse facilities expenditures with bond proceeds and related actions; C
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Parkside/La Avenida project and the Ontario Ranch development;
D
.

Approve the forms of the Indenture, the Bond Purchase Agreement, First Amendment to Acquisition and Funding Agreement; the Continuing Disclosure Agreement, and the Preliminary Official Statement;
E
.

Authorize a negotiated sale of the special tax bonds to Samuel A. Ramirez & Co., in accordance with the terms of the Bond Purchase Agreement; and F
.

Authorize the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed ﬁnal certiﬁcation in connection with the Preliminary Oﬃcial Statement, a ﬁnal Oﬃcial Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA) SPECIAL TAX BONDS, SERIES 2023, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $21,000,000.00
, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE,

A BOND PURCHASE AGREEMENT, AND A CONTINUING DISCLOSURE AGREEMENT AND A FIRST

AMENDMENT TO ACQUISITION AND FUNDING AGREEMENT, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT AND RELATED ACTIONS.

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

DECLARATION OF OFFICIAL INTENT TO REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS AND RELATED ACTIONS.

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

ATTACHMENT:

CFD 56 Parkside La Avenida^01 Authorizing the Issuance of Bonds RESO^RM

ATTACHMENT:

CFD 56 Parkside La Avenida^02 Declaration Intent to Reimburse Facilities Expenditures RESO^RM

ATTACHMENT:

CFD 56 Parkside_La Avenida^03 Indenture.pdf

ATTACHMENT:

CFD 56 Parkside_La Avenida^04 Bond Purchase Agreement.pdf

ATTACHMENT:

CFD 56 Parkside_La Avenida^05 First Amendment to Aquisition and Funding Agreement.pdf

ATTACHMENT:

CFD 56 Parkside_La Avenida^06 Continuing Disclosure Agreement.pdf

ATTACHMENT:

CFD 56 Parkside_La Avenida^07 Preliminary Official Statement.pdf

ATTACHMENT:

CFD 56 Parkside_La Avenida^08 Appraisal Report.pdf

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) November 7, 2023
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS 51010, 4th District Appellate Case Nos. E079052, E080533, E080457 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
10 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
OCTOBER 3, 2023
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, October 3, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:04 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Ruben Valencia
ABSENT: Council/Authority Members: Alan D. Wapner and Jim W. Bowman Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBILE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council.

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. At 6:05 p.m. the City Council recessed to Closed Session with all members present, except Council Member Wapner and Bowman, for discussion of the following:
 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment. 11 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 3, 2023

Page 2 of 8 ends

MEETING RECONVENED – OPEN MEETING
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada.

INVOCATION
The invocation was led by Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church.

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

SPECIAL CEREMONIES
PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK The City Council proclaimed the week of October 15-21, 2023 as Friends of Libraries Week.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there was one written public comment:

Brittany Goytia, regarding the restroom conditions at Ontario Motor Speedway.

Mayor Leon called upon the first speaker:

Sabrina Robles , invited Council to the Ontario Police Department’s 2nd annual Open House.

Celina Lopez, spoke on the importance of public comments.

Heleena Lopez, spoke about respect.

Angelique Enriquez, spoke on her discontent with the property manager at the Ontario Townhouses.

Annette Hernandez, spoke on her discontent with the property manager at the Ontario Townhouses.

Militza Camba , spoke on her discontent with the property manager at the Ontario Townhouses.

Marisela Escoto Tafella,spoke on her discontent with the property manager at the Ontario Townhouses.
12 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 3, 2023

Page 3 of 8 ends

Yasmine Ramirez, asked for Council support for residents of the Ontario Townhouses.

Mayor Leon continued public comments.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.

CONSENT CALENDAR
MOTION: Moved by Council Member Valencia seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 3-0, to approve the Consent Calendar with Council Members Wapner and Bowman absent.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of September 5, 2023, approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills September 1, 2023 through September 14, 2023 in the amount of $45,560,326.04, and Payroll August 27, 2023 through September 9, 2023 in the amount of $4,971,601.24.

3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916, LOCATED AT

THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 18916 located at the southwest corner of Archibald Avenue and Chino Avenue.

RESOLUTION NO. 2023-142 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916

LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE.

4. A CONSTRUCTION CONTRACT FOR WATERPROOFING AND REPAIRS FOR

THE ONTARIO MUSEUM OF HISTORY & ART WITH APPLIED RESTORATION, INC.

The City Council took the following actions:

A. Rejected Preferred General Services Inc.’s protest against Applied Restoration Inc. for D&C23-012 Museum Waterproofing as non-responsive; 13 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 3, 2023

Page 4 of 8 ends

B. Authorized the City Manager or his designee to complete and execute a Construction Contract D&C23-012 Museum Waterproofing with Applied Restoration, Inc., of El Cajon, California, for the Ontario Museum of History & Arts Exterior Waterproofing Project for a total not-to-exceed contract amount of $557,000;
C. Authorized a 20% contingency of $111,400, for a total contract amount not- to-exceed $668,400; and
D. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

5. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AT 208 W.

EMPORIA ST. 2ND FLOOR WITH INFO-COM BUSINESS PRODUCTS
The City Council took the following actions:

A. Authorized a Cooperative Purchase Agreement for D&C23-008 208 W.

Emporia St. 2nd Floor with Margaret C. Pett DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $168,976 consistent with the terms and conditions of the OMNIA 2020 #R191817 and OMNIA 2022 #R221001; and B. Authorized a 10% contingency of $16,898, for a total contract amount not-to- exceed $185,874.

6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH GREENTECH LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE

SERVICES FOR PARKWAYS AND MEDIANS IN THE ONTARIO RANCH AREA The City Council authorized the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement for Contract No.

PM2021-2 with Greentech Landscape, Inc., of Whittier, California, to provide landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch area in the amount of $105,304 for a total not- to-exceed contract amount of $1,300,918.

7. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST &
ASSOCIATES INC. TO DETERMINE LEAD SERVICE LINE INVENTORY The City Council approved and authorized the City Manager, or designee, to execute a Professional Services Agreement with West Yost & Associates Inc., of Davis, California, for Lead Service Line Inventory: Field Identification and Materials Classification Services in the total not-to-exceed amount of $251,643 and a term from October 3, 2023 to June 30, 2024.

8. A CONSTRUCTION CONTRACT WITH GENERAL PUMP COMPANY INC. FOR 14 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 3, 2023

Page 5 of 8 ends

ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND

EMERGENCY WELL AND BOOSTER PUMP REPAIRS
The City Council approved and authorized the City Manager, or designee, to award a Construction Contract to General Pump Company Inc., of San Dimas, California, for on-call maintenance, rehabilitation, inspections, and emergency well and booster pump repairs in the amount of $800,000 for Fiscal Year 2023-24, and authorized the cost of $800,000, with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $4,420,505, with an initial term of one (1) year, and authorized the option to extend the Contract for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1672.

9. A COMMUNITY GARDEN USE AGREEMENT WITH CARAMEL CONNECTIONS

FOR PROPERTY AT ANTHONY MUNOZ PARK
The City Council authorized the City Manager, or designee, to execute a Use Agreement with Caramel Connections Foundation for a portion of real property at Anthony Munoz Hall of Fame Park, generally located at 1240 W Fourth St for agricultural purposes to enable community-supported healthy eating, active living, and education initiatives. The term of the Agreement is through October 1, 2028, with an additional five-year term option.

10. AUTHORIZE THE PURCHASE OF AN X-TREME NINJA COURSE WITH

GREENFIELDS OUTDOOR FITNESS FOR JOHN GALVIN PARK
The City Council authorized the cooperative purchase of an X-Treme Ninja Course with Greenfields Outdoor Fitness for John Galvin Park in the amount of $578,640 plus a 10% contingency of $57,864 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed contract amount of $638,504 from Greenfields Outdoor Fitness, of Anaheim, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010721-GRN.

PUBLIC HEARINGS

11. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY

REPORT AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF

ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO AND

CONSIDERATION OF RESOLUTION
The City Council took the following actions:

A. Adopted a Resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement with Rusnak/Ontario dba Genesis of Ontario; B. Adopted a Resolution approving the Operating Covenant Agreement and 15 Ontario City Council/Ontario Housing
Regular Meeting Minutes – October 3, 2023

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authorizing the City Manager or his designee to execute the Agreement; and C. Directed City Sta to file a Notice of Exemption based upon the City Council’s finding that the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant eect on the environment.

RESOLUTION NO. 2023-143 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC

DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO
GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING

COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO.

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.

Chris Robles, asked for clarification regarding tax incentives. City Manager Ochoa provided clarification.

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

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to adopt Resolution No. 2023-143.

12. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO

DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM

RENTAL OF PROPERTY IN THE CITY AND ESTABLISHING FEES FOR SHORT

TERM RENTALS
The City Council continued this item to a future meeting.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED

VEHICLE PARKING ON PUBLIC STREETS
The City Council considered and introduced an Ordinance to amend Section 4-

6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code pertaining to standards for oversized vehicle parking on public streets. 16 Ontario City Council/Ontario Housing
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ORDINANCE NO. 3261 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-

6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO

MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS.

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

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to introduce Ordinance No. 3261.

Mayor Leon continued Public Comments
Saori Castillo, was not present when called.

Sophia Castillo, was not present when called.

Mario Huante, spoke on the U.S. and State of California constitution.

Jesse Fonseca, spoke on airplane noise.

Chris Robles, spoke of unsafe traffic conditions at the Vineyard Street Bridge construction site.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Mayor Leon stated the need to appoint Giselle Leon to the Recreation and Parks Commission.

MOTION: Moved by Mayor Leon seconded by Mayor pro Tem Valencia and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to appoint Giselle Leon to the Recreation and Parks Commission.

Council Member Valencia made no comments.

Mayor pro Tem Dorst-Porada inquired who the property owner of the Ontario Townhomes was, expressed that she understood that some facts may be inaccurate regarding public comment, and announced upcoming events.

Mayor Leon agreed with Mayor pro Tem Dorst-Porada regarding public comments. 17 Ontario City Council/Ontario Housing
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:20 p.m. and announced the next regular meeting was scheduled for October 17, 2023.

Respectfully submitted,
___________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
18 Department: Engineering
Prepared By: Angela Truong
Staff Member Presenting:

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

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

A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR

PUBLIC UTILITY PURPOSES LOCATED AT THE SOUTHEAST CORNER OF EUCLID

AVENUE AND EAST D STREET

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution ordering the summary vacation of an easement for public utility purposes located at the southeast corner of Euclid Avenue and East D Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The City did not pay to acquire the subject easement. The Developer has paid the applicable processing fees to defray any City cost to process this request.

BACKGROUND & ANALYSIS:

The applicant, Hutton Companies, has requested that the City vacate the existing public utility easement, as shown on Exhibit 1, to facilitate the development of the area.

The subject easement is not needed for any present or future public utility purposes. There are currently no existing public utilities within the easement and the easement is determined to be excess.

Section 8333(c) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess, and there are no public facilities located within the easement.

This summary vacation meets the California Government Code, Streets and Highways Code, Ontario Municipal Code, and has been reviewed and approved by the City Engineer. 19 CASCEngineering and Consulting
EXHIBIT "A"
EXHIBIT 1
VACATION NO. V-309
20 RESOLUTION NO. ________

A RESOLUTION ORDERING THE SUMMARY VACATION OF AN

EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED AT THE
SOUTHEAST CORNER OF EUCLID AVENUE AND EAST D STREET.

WHEREAS, the City Council of the City of Ontario, California, pursuant to Division 9, Part 3, Chapter 4, of the Streets and Highways Code, may summarily vacate an easement under certain conditions specified therein; and WHEREAS, an easement for public utility purposes located at the southeast corner of Euclid Avenue and East D Street, shown on a portion of Parcel A as described in Resolution No. 2006-129, recorded December 22, 2006 as Document No. 2006-0881999, of Official Records of the County Recorder of San Bernardino County and a portion of Block 29, Town of Ontario, in the City of Ontario, County of San Bernardino, State of California, as per map recorded in Book 9 Page 49 of Maps, Official Records of Said County Recorder, is not needed for any present or future public utility or other municipal purposes and is determined to be excess; and
WHEREAS, Section 8333(c) of the California Streets and Highways Code authorizes the City to summarily vacate (by Resolution with no public hearing) a public service easement that has been superseded by relocation or determined to be excess and there are no other public utilities located within the easement; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario as follows:

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

SECTION 2. That title to the above-described said properties, more specifically described in Exhibit “A” and depicted on Exhibit “B” attached hereto, shall be vacated.

SECTION 3. That the City Clerk of the City of Ontario, California, shall cause a copy of this Resolution to be recorded in the office of the County Recorder of San Bernardino County, California.

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

PASSED, APPROVED, AND ADOPTED this 7th day of November 2023. _____________________________________
PAUL S. LEON, MAYOR
21 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
22 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 November 7, 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 November 7, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
23 24
25 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: 4
SUBJECT:

AN AMENDMENT TO THE AGREEMENT WITH CONVERGINT TECHNOLOGY, LLC,

FOR THE SUPPORT OF SECURITY CAMERAS, DOOR ACCESS SYSTEMS AND CITY FACILITY EMERGENCY NOTIFICATIONS.

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the current Agreement with Convergint Technology, LLC, of Anaheim, California, to include the CCTV Intersection Camera Installation, Citywide Camera Refresh and Expansion, and the City Facilities Notiﬁcation, Emergency, and Overhead Paging System projects in the amount not-to-exceed $3,551,364.

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 Projects Fund for the support of city-wide security cameras, door access, and the city facility's emergency notiﬁcation and overhead paging system. The proposed Amendment to the Agreement increases the authorized contract amount of $250,518 by $3,300,846, which includes a not-to-exceed amount of $268,616 for the Access Control System upgrade, a not-to-exceed amount of $1,182,748 for the CCTV Intersection Camera Installation project, a not-to-exceed amount of $1,500,000 for the Citywide Camera Refresh and Expansion project, and a not-to-exceed amount for $600,000 for the City Facilities Notiﬁcation, Emergency, and Overhead Paging System project for a total contract not-to-exceed amount of $3,551,364. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for service and reﬂect the actual service provided. If approved, the Police Department’s CCTV Intersection Camera Installation project will be appropriated in future Fiscal Years from the Capital Projects-Measure Q Fund, and the Information Technology Projects Fund will be appropriated in future Fiscal Years from the Capital Improvement Projects fund.

BACKGROUND & ANALYSIS:

On September 6, 2022, the City solicited a request for proposals (RFP #1538) to upgrade and support the City’s existing door access control system. On March 7 th
, 2023,
the City executed a ﬁve-year Agreement with Convergint Technologies LLC, of Anaheim, California, to upgrade and support the City’s door access control system. 26 Due to the interoperability capabilities between door access control systems, security cameras, and emergency notiﬁcation systems for a uniﬁed building and public safety solution, it is beneﬁcial to the City to utilize an integrator with experience and certifications in all three technologies.

This Amendment will add services for City-wide camera replacements and expansion, including the installation of cameras at various intersections within the City, to provide high-quality video feeds for public safety and building security use. This Amendment also adds services for purchasing and installing building emergency notiﬁcation systems at City facilities. The series of camera improvements and expansion will enable the City to have cameras active and ready for its brand- new Real Time Information Center (RTIC). The RTIC will assist police, ﬁre, and public safety professionals to better assess and rapidly respond to emergencies. Staﬀ requests Council approval for an Amendment to the Agreement for a not-to-exceed contract amount of $3,551,364. 27 46700.00100\33287662.1

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PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER
JIM W. BOWMAN

RUBEN VALENCIA

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CONVERGINT TECHNOLOGIES LLC

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Convergint Technologies, a LIMITED LIABILITY COMPANY (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Maintenance Services Agreement” dated April 12, 2023 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add scope of services and additional compensation.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2.1 Contractor, 2.2 Project, 3.1 Scope of Services and Term and Section 3.2.1 Compensation of the Agreement.

3. Terms.

3.1 Amendment. Section 2.1 Contractor of t he Agreement is hereby amended in its entirety to read as follows:

“2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this 28 46700.00100\33287662.1

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Agreement. Contractor represents that it is experienced in providing access door integration, installation, and maintenance and support services, more specifically to migrating doors the City currently is controlled by Linear E -Merge to Genetec's Synerg is Access Contro l System, as well as providing CCTV cameras and related maintenance, changes, repairs and installation related to the physical security infrastructure for City facilities including access control, cameras, and paging/emergency notification systems services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.”

3.2 Amendment. Section 2. 2 Project of the Agr eement is hereby amended in its entirety to read as follows:

“2.2 Project. City desires to engage Contractor to render such services for the Door Access and Control Replacement project, the CCTV Intersection Camera Installation project , the Citywide Came ra Ref resh and Expansion project, and the City Facilities Notification, Emergency, and Overhead Paging System project (collectively referred to herein as the "Project") as set forth in this Agreement.”

3.3 Amendment. Section 3.1.1 General Scope of Servic es of the Agreement is hereby amended in its entirety to read as follows:

“3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary t o ful ly and adequately supply the maintenance necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference, as well as Exhibit “C”, Exhibit “D”, and Exhibit “E” attached to the Amendment No. 1 to this Agreement and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached to this Agreement and to Amendment No. 1 to this Agreem ent and incorpor ated herein by reference, and all applicable local, state and federal laws, rules and regulations.”

3.4 Amendment. Section 3.2.1 Compensation of the Agreement is hereby amended in its entirety to read as follows:

“3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibits " B" attached hereto and incorporated herein by reference and Exhibit “ C”, Exhibit “D”, and Exhibit “E” attached to the Amendment No. 1 to this Agreement and incorporated herein by reference. The total compensation for the Access Control System upgrade shall not exceed two -hundred twenty-five thousand two-hundred and sixty -four dollars ($225,264) and the total compensation f or the maintenance and support shall not exceed forty -three thousand three hundred and fifty -two dollars ($43,352) for a total amount not to exceed two hundred sixty -eight thousand six hundred and s ixteen ($268,616) without writte n appr oval of the Ci ty Council or City Manager.

Additionally, the total compensation for the CCTV Intersection Camera Installation provided pursuant to Exhibit “ C” shall not exceed one million one hundred and eighty -two thousand seven hundred and forty -eight do llars ($1,182,748) . Moreover, t he total compensation for the 29 46700.00100\33287662.1

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Citywide Camera Refresh and Expansion provided pursuant to Exhibit “ D” shall not exceed six-hundred ninety-four thousand, eight hundred and forty -eight dollars ($694,848), total compensation for the annual maintenance and support shall not exceed four -hundred forty-six thousand and two hundred twenty -two dollars ($446,220) and a contingency for additional cameras, repairs, and annual maintenance and support shall not exceed three hundred fif ty- eight thousand a nd nine hun dred thirty -two dollars ($358,932) for a total amount not -to- exceed one million five -hundred thousand dollars ($1,500,000) without written approval of the City Council or City Manager . Lastly, the total compensation for the Ci ty Facilities Notification, Emergency, and Overhead Paging System provided pursuant to Exhibit “E” shall not exceed six-hundred thousand dollars ($600,000) without written approval of the City Council or City Manager. In sum, the total compensation for al l Services provided, including all Services provided pursuant to Exhibits “B”, “C”, “D”, and “E” shall not exceed three million five hundred fifty -one thousand, t hree hundred sixty-four dollars ($3,551,364) without written approval of the City Council or City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.5 Continuing Effect of A greement. Except as amended by this Amendme nt No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement , it s hall mean the Agreement as am ended by this Amendment No. 1.

3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.7 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.8 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless exp ressly incorporated herein. This i s an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

30 46700.00100\33287662.1

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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND CONVERGINT TECHNOLOGIES LLC

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO CONVERGINT TECHNOLOGIES LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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Exhibit “A”

SCOPE OF SERVICES

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63 Department: Financial Services
Prepared By: Maria Garcia
Staff Member Presenting:

Armen Harkalyan, Executive Director of Finance
Approved By:

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

FISCAL YEAR 2023-24 FIRST QUARTER BUDGET UPDATE REPORT

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2023-24 First Quarter Budget Update Report (Exhibit A).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended actions will aﬀect several fund budgets as outlined in the Fiscal Year 2023-24 First Quarter Budget Update Report.

BACKGROUND & ANALYSIS:

The First Quarter Budget Update Report for Fiscal Year 2023-24 reﬂects the Financial Services Agency's continued eﬀorts to provide timely, accurate, and understandable ﬁnancial information to assist the City Council with decision making and achievement of core goals. All Funds have been reviewed in preparing this report. The emphasis of this report is on the General Fund, which funds the majority of government services including public safety, recreation, library, museum, parks, building and planning.

The primary purposes of this report are to:

Discuss Fiscal Year 2022-23 Year-End Results and Fiscal Year 2023-24 First Quarter Budget Update and provide a reconciliation of budgeted- to-actual financial data; Address annual carryforward obligations across all funds; Recognize budgetary carryforward amounts for prior year's approved Capital Improvement Projects and Grant appropriations, which are ongoing:

Revise the City's budget to reﬂect the City Council's actions taken since the beginning of the current fiscal year;
Recommend personnel and organizational changes to enhance program operations and efficiencies;
Recommend budget adjustments that are consistent with City Council goals and objectives; and
Comment on signiﬁcant budget and economic trends which may impact ﬁscal year's budget development.

64 Fiscal Year 2022-23 General Fund Year-End Results (unaudited) The General Fund activity for FY 2022-23 resulted in a net positive year-end balance of approximately $12.4 million. This is primarily due to higher property tax revenues than projected, caused by gains in property value assessments. Licenses and permits were higher than projected due to increased development related revenues as residential, commercial and industrial development continues to move forward at a strong pace. The City was also able to realize approximately $6.3 million of American Rescue Plan Act (ARPA) funding for the negative economic impacts the City incurred during the COVID-19 pandemic period. The sales tax revenues were down for both Bradley-Burns (local tax) and Measure-Q (transactions use tax) by $1.6 million and $2.3 million, respectively. The volatile economic indicators such as the Federal Funds rate, unemployment levels and discretionary spending may have inﬂuenced these outcomes.

Additionally, the actual expenditures as of June 30, 2023, were underspent and reﬂected 96.7% of total General Fund budget. An attributable factor to this variance included savings in operating expenditures and contractual services.

Fiscal Year 2023-24 First Quarter Budget Update Recommendations First Quarter Budget Update recommendations are routine in nature and comprised predominately by: City Council actions taken since the beginning of the ﬁscal year, obligations carryforward items to rollover purchase order that have not yet been expended, and Capital Improvement Program (CIP) and Grant carryforward appropriations on projects and grants that have not been completed or fully expended. In addition, First Quarter includes proposed new expenditure budget requests, as well as revised revenue estimates for FY 2023-24. For the General Fund, the net result of these actions will bring the General Fund estimated available and unencumbered ending fund balance to $81.0 million or 20% of total appropriations. This amount achieves the goal set by City Council as a reserve for speciﬁc and deﬁned emergency events (such as an earthquake or pandemic) and to address immediate needs in resources without impacting City services. This goal was temporarily decreased to 15% during the COVID pandemic but has since been brought back up to the previous set goal of 20%, eﬀective July 1, 2023, with the goal of increasing the reserves up to 25% in future fiscal years.

General Fund Highlights
$8.6 million carryforward obligations from FY 2022-23
$518,000 appropriations for a lease agreement with Mark Christopher Auto Center for LED sign upgrades
$296,000 appropriations for the Sewer Connection Fee Reimbursement Program for 221 N.

Mountain Ave.

Other Funds (non-General Fund) Highlights
$334.9 million carryforward obligations from FY 2022-23 $11.9 million additional appropriations for Ontario Sports Complex design services, consulting services, and project management
$10 million appropriations for Euclid Ave Recycled Water Phase 2 Grant $4.8 million appropriations for Information Technology maintenance and repairs $2.5 million appropriations for Replacement and purchase of Police handheld radios

65 Interim budget updates also present recommendations for personnel and organizational changes necessary to enhance program operations and eﬃciencies. Current recommendations for this First Quarter report include reclassiﬁcation changes, adds/deletes, and other modiﬁcations to the authorized full-time positions resulting in a zero net increase citywide. More detail is presented in the attached Exhibit A under Recommended Personnel Changes section, pages 15 through 18, of the FY 2023-24 First Quarter Budget Update Report.

Gainshare Program
The Gainshare Program was developed by the City in 2020 to recognize employees' collective progress towards City goals and objectives. The program is intended to reward high-performance and cost-eﬃcient operations in accomplishing Agency Strategic Objectives (ASOs) and achievements, as measured by Key Performance Indicators (KPls). ASOs are outcome-driven objectives that the City uses to communicate and commit to our Agencies' missions, visions, and values. KPls are intended to be output-driven and are measurable values that demonstrate how eﬀectively the City is achieving key objectives. Together, ASOs and KPls are used as guides to keep score of our successes and challenges.

Through dedication, hard work and overall contributions, Ontario employees achieved program requirements for FY 2022-23 and have unlocked a Gainshare incentive of 0.81% of base compensation for all employees. Included in the First Quarter Budget Update Report is appropriations of $976,884 for this Gainshare, with the General fund's share at $758,963 and Other Funds' share at $217,921.

Conclusion
As the City recovers from the last three years of economic disruption from the COVID pandemic, other challenges still exist the continued war in Ukraine; rising consumer goods prices, fuel costs, and interest rates; the impending recession due to accelerated inﬂation levels not seen since the early 1980's; and the recent conﬂict in the middle east. Even with the anticipated additional resources, the City will need to continue to practice ﬁscal discipline and establish proactive measures to safely navigate the current and upcoming ﬁscal challenges, as well as deliver an unparalleled level of service and commitment to our community.

The Adopted Operating Budget for Fiscal Year 2023-24, as modiﬁed through this First Quarter Budget Update, reﬂects the City Council's continued commitment to support high quality public safety and municipal services, provides for the maintenance and expansion needs of the City's infrastructure and facilities, proﬁles an aggressive economic development strategy, and assures the investment and reinvestment of City resources into the community - all in the name of aﬀording Ontario residents and businesses an exceptional quality of life. With the City Council's leadership and their prudent ﬁscal policies, the City's long-term ﬁnancial health will further solidify its standing as the economic leader in the Inland Empire, and a formidable player in California and the nation. 66 EXHIBIT A
67 Page
General Fund Year-End Results 3
General Fund Revenues by Category 4
General Fund Expenditures by Category 5
General Fund Expenditures by Agency 6
General Fund Year-End Reconciliation 7
FY 2023-24 First Quarter Budget Update 8
General Fund Revenues by Category 9
General Fund Expenditures by Category 10
General Fund Expenditures by Agency 11
General Fund Budget Summary 12
Citywide Expenditures by Category 13
Citywide Expenditures by Fund Type 14
Authorized Full-Time Positions 15
Recommended Personnel Changes 16
Budget Adjustment Highlights 19
Detail of Recommended Budget Adjustments 23
City of Ontario
Fiscal Year 2023-24
First Quarter Budget Update Report
Table of Contents

EXHIBIT A
68 EXHIBIT A
3 69
FY 2022-23
Adopted Budget
FY 2022-23
Current Budget1
FY 2022-23
Actuals2
FY 2022-23
Budget Variance % Received
Sales Tax 109,900,000$ 128,400,000$ 126,820,107$ (1,579,893)$ 98.8% Sales Tax - Measure Q - 16,000,000 13,680,957 (2,319,043) 85.5% Property Tax 82,967,000 85,119,000 89,800,425 4,681,425 105.5% Transient Occupancy Tax 16,500,000 16,500,000 16,964,564 464,564 102.8% Business License Tax 8,763,000 8,763,000 9,729,862 966,862 111.0% Parking Tax 3,000,000 4,000,000 3,925,303 (74,697) 98.1% Other Taxes 4,500,000 5,500,000 5,983,854 483,854 108.8% License & Permits 6,192,000 9,295,000 12,608,106 3,313,106 135.6% Intergovernmental 9,361,077 10,245,332 10,597,069 351,737 103.4% Intergovernmental - ARPA3 9,449,310 9,449,310 6,278,691 (3,170,619) 66.4% Charges for Services 23,793,354 29,075,254 31,006,586 1,931,332 106.6% Charges for Services - OIAA4 20,902,300 20,902,300 20,902,300 - 100.0% Use of Money & Property 1,341,992 1,340,392 2,958,676 1,618,284 220.7% Fines & Forfeitures 753,000 771,000 936,518 165,518 121.5% Miscellaneous Revenue 1,730,000 7,883,256 6,220,794 (1,662,462) 78.9% S
ub-Total 299,153,033$ 353,243,844$ 358,413,812$ 5,169,968$ 101.5%
Transfers-In - 2,000,000 2,000,000 - 100.0%
Total Resources 299,153,033$ 355,243,844$ 360,413,812$ 5,169,968$ 101.5%
1Reflects adjustments made at First Quarter, Mid Year, and Year-End 2FY 2022-23 Actuals are unaudited
3 ARPA: American Rescue Plan Act
4 OIAA: Ontario International Airport Authority
5 Current Secured & RDA Residual Property Tax actuals were over expected values. 6 Includes Change in Fair Value
7Correction to prior year transfer related to the Underground Utilities Deposit City of Ontario
General Fund Year-End Results - Revenues by Category
Fiscal Year 2022-23
5 6
7 EXHIBIT A
4 70
FY 2022-23
Adopted Budget
FY 2022-23
Current Budget1
FY 2022-23
Actuals2
FY 2022-23
Budget Variance % Expended
Personnel Costs 196,234,997$ 202,312,312$ 203,014,070$ (701,758)$ 100.3% Operating Expenditures 27,179,820 34,172,840 27,737,151 6,435,689 81.2% Contractual Services 16,976,742 25,860,475 20,274,983 5,585,492 78.4% Internal Service Allocations 42,715,839 42,869,624 43,029,646 (160,022) 100.4% Reimbursement Agreements 8,965,212 10,345,747 8,779,983 1,565,764 84.9% Capital Expenditures 367,000 1,517,831 1,919,435 (401,604) 126.5% Transfers-Out 9,438,410 57,232,079 57,241,138$ (9,059) 100.0% Total Expenditures & Transfers-Out 301,878,020$ 374,310,908$ 361,996,406$ 12,314,502$ 96.7% 1Reflects adjustments made at First Quarter, Mid Year, and Year-End 2 FY 2022-23 Actuals are unaudited.
3 FY 2022-23 Actuals had a higher expended amount due to bargaining contracts 4 Transfers-Out had a higher expended amount due to transfer to prior year accounting adjustment.

City of Ontario
General Fund Year-End Results - Expenditures by Category Fiscal Year 2022-23
4 3

EXHIBIT A
5 71
FY 2022-23
Adopted Budget
FY 2022-23
Current Budget1
FY 2022-23
Actuals2
FY 2022-23
Budget Variance % Expended
Community Development 28,162,047$ 34,169,836$ 26,675,233$ 7,494,603$ 78.1% Community Life & Culture 20,157,624 22,450,378 20,766,615 1,683,763 92.5% Economic Development 14,239,987 18,990,047 16,257,610 2,732,437 85.6% Financial Services 17,815,770 18,049,339 15,146,597 2,902,742 83.9% Human Resources/Risk Management 4,883,899 5,473,471 4,975,373 498,098 90.9% Management Services 9,451,579 9,722,362 12,030,527 (2,308,165) 123.7% Ontario Fire Department 75,869,598 79,596,793 81,382,394 (1,785,601) 102.2% Ontario Police Department 113,392,979 118,760,071 118,529,456 230,615 99.8% Public Works 8,466,127 9,866,530 8,991,464 875,066 91.1% Transfers-Out 9,438,410 57,232,079 57,241,138 (9,059) 100.0% Total Expenditures & Transfers-Out 301,878,020$ 374,310,906$ 361,996,406$ 12,314,500$ 96.7% 1Reflects adjustments made at First Quarter, Mid Year, and Year-End 2 FY 2022-23 Actuals are unaudited.
3 Legal services increase due to redistricting and unanticipated City matters. 4 Fire Department had a higher expended amount due to personnel costs. 5 Transfers-Out had a higher expended amount due to transfer to prior year accounting adjustment.

City of Ontario
General Fund Year-End Results - Expenditures by Agency
Fiscal Year 2022-23
4 3
5 EXHIBIT A
6 72
Fiscal Year 2022-23 Revised Budget:

Beginning Fund Balance 7/01/2022 73,920,837$
Resources & Transfers-In1 360,413,812
Appropriations & Transfers-Out2
(347,996,406)
Net Results for FY 2022-23 12,417,406$
Recommended Funding for Economic Development Activities (5,700,000) Surplus/(Deficit) 6,717,406$
Estimated Ending Fund Balance - 6/30/2023 80,638,243$
Fiscal Year 2022-23 Carryforward Obligations (
8,641,709)
Revised Estimated Fund Balance 71,996,534$
Estimated General Fund Reserve %3 21.9%
1 Includes $6.3M in American Rescue Plan Act (ARPA) funding. 2 Excludes $14M transfer from FY 2021-22 surplus
3 Council adopted the FY 2022-23 budget with a 18% reserve level.

City of Ontario
General Fund Year-End Reconciliation (unaudited)
Fiscal Year 2022-23

EXHIBIT A
7 73

EXHIBIT A
8 74
FY 2023-24
Adopted Budget
First Quarter
Budget Update
FY 2023-24
Current Budget
Actuals as of
9/30/2023 % Received
Sales Tax 131,065,000$ -$ 131,065,000$ 9,810,800$ 7.5% Sales Tax - Measure Q 95,792,000 - 95,792,000 4,818,462 5.0% Property Tax 89,198,000 - 89,198,000 - 0.0% Transient Occupancy Tax 16,500,000 - 16,500,000 1,541,779 9.3% Business License Tax 8,914,000 - 8,914,000 2,159,093 24.2% Parking Tax 3,500,000 - 3,500,000 612,260 17.5%
Other Taxes 5,055,000 - 5,055,000 116,280 2.3%
Licenses and Permits 8,477,000 - 8,477,000 1,888,402 22.3% Intergovernmental 13,578,516 - 13,578,516 3,442,968 25.4% Intergovernmental - ARPA 9,932,965 - 9,932,965 2,007,342 20.2% Charges for Services 28,875,200 - 28,875,200 4,068,597 14.1% Charges for Services - OIAA 21,529,369 - 21,529,369 3,787,242 17.6% Use of Money & Property 1,401,379 - 1,401,379 99,723 7.1% Fines and Forfeitures 741,000 - 741,000 112,830 15.2%
Miscellaneous 2,020,000 90,000 2,110,000 382,536 18.1% Total General Fund Revenues 436,579,429$ 90,000$ 436,669,429$ 34,848,314$ 8.0% Transfers-In 2,000,000 - 2,000,000 2,000,000 100.0% TOTAL RESOURCES 438,579,429$ 90,000$ 438,669,429$ 36,848,314$ 8.4% 1 Other Taxes includes Franchise Tax ($3.5M), Property Transfer Tax ($1.5M) 2 Intergovernmental includes Cost Allocation Plan Revenue, Disability, Worker's Compensation, & Unemployment Internal Service Allocation Revenue 3 Funding from the American Rescue Plan Act (ARPA)
4 Charges for Services includes Special Districts Service Charges ($12.2M) 5 City services including Police & Fire for Ontario International Airport Authority (OIAA) 6 Includes Airport Asset Seizure vehicle funding
7 Transfers-In includes transfer to General Fund from the Public Services Fee Fund 8Includes one month of Measure Q revenues (July 2023)
City of Ontario
General Fund Revenue by Category
Fiscal Year 2023-24
First Quarter Budget Update
6 2
1 3
4 5
7 8

EXHIBIT A
9 75
FY 2023-24
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2023-24
Current Budget
Actuals as of
09/30/20231 % Expended
Personnel Costs 236,623,473$ -$ 758,963$ 237,382,436$ 58,581,049$ 24.7% Operating Expenditures 35,870,083 1,250,146 296,400 37,416,629 11,062,679 29.6% Contractual Services 22,863,974 5,751,024 - 28,614,998 10,971,773 38.3% Internal Service Allocations 49,664,706 - - 49,664,706 12,839,175 25.9% Reimbursement Agreements 10,739,000 1,565,764 518,590 12, 823,354 2,230,828 17.4% Capital Expenditures 1,292,130 74,775 - 1,366,905 184,145 13.5% Transfers-Out 70,874,441 - 90,000 70,964,441 17,718,610 25.0% Total General Fund Appropriations 427,927,807$ 8,641,709$ 1,663,953$ 438,233,469$ 113,588,259$ 25.9% FTE General Fund 1,018.78 - - 1,018.78
FTE Other Funds 498.22 - - 498.22
Total FTE All Funds 1,517.00 - - 1,517.00
1 Includes expenses and obligations/PO's.
2 Personnel Costs includes $750k for gainshare program. 3 Operating expenditures includes $300k for Sewer Connection Fee Reimbursement Program for 221 N. Mountain Ave. 4 Reimbursement Agreements include $519K for Lease Agreement with Mark Christopher Auto Center for LED sign upgrades. 5 Transfers include $43.7M for Measure Q revenue transfer to Capital Projects, $16M for one time funding to Internal Service Funds for prior years funding shortfall, $4.4M for annual OPEB transfer to fund pay-as-you-go retiree medical expenses, $3.8M annual transfer of Sales Tax revenue to Capital Projects, and $2.5M annual Public Safety Equipment Reserve transfer. 6 Transfers includes $90k Transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle.

City of Ontario
General Fund Expenditures by Category
Fiscal Year 2023-24
First Quarter Budget Update
3 4
5 6
2 EXHIBIT A
10 76
FY 2023-24
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2023-24
Current Budget
Actuals as of
09/30/20231 % Expended
Community Development 33,109,939$ 4,032,504$ 78,045$ 37,220,488$ 9,433,570 25.3% Community Life & Culture 35,069,334 680,230 58,641 35,808,205 8,307,414 23.2% Economic Development 17,926,421 1,918,709 822,374 20,667,504 4,905,359 23.7% Financial Services 23,663,563 - 23,316 23,686,879 4,317,645 18.2% Human Resources/Risk Management 6,961,702 560,835 16,500 7,539,037 1,348,768 17.9% Management Services 9,772,741 5,000 19,827 9,797,568 3,334,509 34.0% Ontario Fire Department 88,583,579 349,526 225,563 89,158,668 23,362,679 26.2% Ontario Police Department 131,392,502 603,956 313,127 132,309,585 34,416,748 26.0% Public Works 10,573,585 490,949 16,560 11,081,094 6,442,957 58.1% Transfers-Out 70,874,441 - 90,000 70,964,441 17,718,610 25.0% Total Appropriations & Transfers-Out 427,927,807$ 8,641,709$ 1,663,953$ 438,233,469$ 113,588,259$ 25.9% FTE General Fund 1,018.78 - - 1,018.78
FTE Other Funds 498.22 - - 498.22
Total FTE All Funds 1,517.00 - - 1,517.00
City of Ontario
General Fund Expenditures by Agency
Fiscal Year 2023-24
First Quarter Budget Update
1 Includes expenses and obligations/PO's.
2 Gainshare program
3 Economic Development includes $519K for Lease Agreement with Mark Christopher Auto Center for LED sign upgrades, and $300k for Sewer Connection Fee Reimbursement Program for 221 N.

Mountain Ave.
4 Transfers include $43.7M for Measure Q revenue transfer to Capital Projects, $16M for one time funding to Internal Service Funds for prior years funding shortfall, $4.4M for annual OPEB transfer to fund pay-as-you-go retiree medical expenses, $3.8M annual transfer of Sales Tax revenue to Capital Projects, and $2.5M annual Public Safety Equipment Reserve transfer. 5 Transfers includes $90k Transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle. 3 4 5
2 2
2 2
2 2
2 2

EXHIBIT A
11 77
Fiscal Year 2023-24 Current Budget:

Estimated Beginning Fund Balance 80,638,243$
Fiscal Year 2023-24 Adopted Budget:

Resources & Transfers-In 438,579,429
Appropriations & Transfers-Out (427,927,807)
First Quarter Budget Recommendations
Resources & Transfers-In 90,000
Appropriations & Transfers-Out (1,663,953)
Fiscal Year 2022-23 Carryforward Obligations (8,641,709) Estimated Ending Fund Balance 81,074,203$
Estimated General Fund Reserve % 20.6%
(B) For FY 2023-24, the Council approved reserve level is 20% with the goal of increasing the reserves up to 25% in future fiscal years. 1 (A) FY 2022-23 Actuals are unaudited
City of Ontario
General Fund Budget Summary
Fiscal Year 2023-24
First Quarter Budget Update
1 EXHIBIT A
12 78
FY 2023-24
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2023-24
Current Budget
Actuals as of
09/30/20231 % Expended
Personnel Costs 312,000,126$ 3,130,413$ 2,033,273$ 317,163,812$ 76,249,440$ 24.0% Operating Expenditures 220,667,391 37,516,444 8,321,550 266,505,385 68,184,150 25.6% Contractual Services 165,365,742 211,695,569 24,137,727 401,199,038 87,079,547 21.7% Internal Service Allocations 87,663,624 895,183 - 88,558,807 22,413,041 25.3% Reimbursement Agreements 10,739,000 15,378,782 1,113,572 27,231,354 2,867,786 10.5% Debt Service 49,005,277 13,232,022 - 62,237,299 4, 280,406 6.9% Capital Expenditures 43,089,870 61,653,115 1,027,052 105,770,037 18,362,657 17.4% Transfers-Out 90,975,013 - 8,188,615 99,163,628 24,243,753 24.4% Total Citywide Appropriations 979,506,043$ 343,501,528$ 44,821,789$ 1,367,829,360$ 303,680,780$ 22.2% FTE General Fund 1,018.78 - - 1,018.78
FTE Other Funds 498.22 - - 498.22
Total FTE All Funds 1,517.00 - - 1,517.00
City of Ontario
Citywide Expenditures by Category
Fiscal Year 2023-24
First Quarter Budget Update
1 Includes expenses and obligations/PO's.
2 Personnel Costs includes $970k for gainshare program, $520K for FY 2023-24 Office of Traffic Safety (OTS) STEP Grant, $233k for FY23-24 Americorps State Continuation Grant, $164k for Administration on Aging - Administration for Community Living Grant, $84k for FY 2023-24 CHP Cannabis Tax Fund Grant. 3 Operating Expenditures includes $4.9M for Additional appropriations for IT Maintenance & Repairs, $2.5M for Replacement and purchase of Police handheld radios, $300k for Sewer Connection Fee Reimbursement Program for 221 N. Mountain Ave., $275K for Administration on Aging - Administration for Community Living Grant, $173k for FY 2023-24 CHP Cannabis Tax Fund Grant, $110k for FY23-24 Americorps State Continuation Grant. 4 Contractual Services includes includes $12.0M for Ontario Sports Complex design services, consulting services, and project management, $10.0M Euclid Ave Recycled Water Phase 2 Grant, $964k for Additional appropriations for Anthony Munoz Gymnasium, $540k for Additional funding for construction of Omnitrans Premium Bus Shelter. 5 Reimbursement Agreements includes $520k for Lease Agreement with Mark Christopher Auto Center for LED sign upgrades, $600k for Bon View Sewer Improvements Reimbursement Agreement.
6 Capital Expenditures includes $675k for Property Acquisition for 325 N. Mountain Ave, $350k for Vehicle purchase and ballistic glass for new Police units. 7 Transfers includes $7.9M transfer from excess Disability/Unemployment funds to General Liability to fund settlement payment, $200k transfer from Fleet to Facilities Maintenance for Fleet Services Shop at PD, $90k transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle. 2 3
4 5
6 7

EXHIBIT A
13 79
FY 2023-24
Adopted Budget
CIP/Grants/POs
Carryforward
First Quarter
Budget Update
FY 2023-24
Current Budget
Actuals as of
09/30/20231 % Expended
General Fund 427,927,807$ 8,641,709$ 1,663,953$ 438,233,469$ 113,588,259$ 25.9% Special Revenue Fund 64,676,567 84,502,938 3,766,383 152,945,888 28,583,363 18.7% Capital Projects Fund 148,678,119 169,456,508 13,145,138 331,279,765 46,668,895 14.1% Enterprise Funds 195,561,495 38,196,643 10,497,449 244,255,587 67,561,479 27.7% Internal Service Funds 132,985,079 25,393,525 15,745,577 174,124,181 46,934,523 27.0% Total City Funds 969,829,067$ 326,191,323$ 44,818,500$ 1,340,838,890$ 303,336,519$ 22.6% Ontario Housing Authority 9,676,976 17,310,205 3,289 26,990,470 344,261 1.3% Total All Funds 979,506,043$ 343,501,528$ 44,821,789$ 1,367,829,360$ 303,680,780$ 22.2% FTE General Fund 1,018.78 - - 1,018.78
FTE Other Funds 498.22 - - 498.22
Total FTE All Funds 1,517.00 - - 1,517.00
1 Includes expenses and obligations/PO's.
2 General Fund includes $750k for gainshare program, $520k for Lease Agreement with Mark Christopher Auto Center for LED sign upgrades, $300k for Sewer Connection Fee Reimbursement Program for 221 N. Mountain Ave, $90k for Transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle. 3 Special Revenue Funds includes $675k for Property Acquisition for 325 N. Mountain Ave, $540k for Additional funding for construction of Omnitrans Premium Bus Shelter, $570k for FY2023-24 Office of Traffic Safety (OTS) STEP Grant, $440k for Administration on Aging - Administration for Community Living Grant, $370k for FY2023-24 Americorps State Continuation Grant, $350k for Vehicle purchase and ballistic glass for new Police units, $250k for FY 2023-24 CHP Cannabis Tax Fund Grant, $175k for ADA concrete ramp construction. 4 Capital Projects Funds includes $12.0M for Ontario Sports Complex design services, consulting services, and project management, $960k for Additional appropriations for Anthony Munoz Gymnasium, $230k for Bon View Sewer Improvements Reimbursement Agreement. 5 Enterprise Funds includes $10.0M for Euclid Ave Recycled Water Phase 2 Grant, $370k for Bon View Sewer Improvements Reimbursement Agreement, $130k for gainshare program. 6 Internal Service Funds includes $7.9M Transfer from Disability/Unemployment to General Liability to fund settlement payment, $4.9M for Additional appropriations for IT Maintenance & Repairs, $2.5M for Replacement and purchase of Police handheld radios, $200k for Additional appropriations for construction of Fleet Services Shop at PD, $200k Transfer from Fleet to Facilities Maintenance for Fleet Services Shop at PD.

City of Ontario
Citywide Expenditures by Fund Type
Fiscal Year 2023-24
First Quarter Budget Update
2 3
4 5
6 EXHIBIT A
14 80
Recommended
Agency
FY 2023-24
Adopted Budget
First Quarter
Budget Update
Total Authorized
Full-Time Positions
Community Development 127.00 - 127. 00 Community Life & Culture 103.00 - 103. 00 Economic Development 9.00 - 9. 00 Financial Services 51.00 1.00 52. 00 Human Resources 29.00 - 29. 00 Information Technology 55.00 - 55. 00 Management Services 43.00 - 43. 00 Ontario Fire Department1
265.00 - 265. 00
Ontario Municipal Utilities Company 140.00 (1.00) 139. 00 Ontario Police Department2
429.00 - 429. 00
Public Works 266.00 - 266. 00
Total Authorized Full-Time Positions 1,517.00 0.00 1,517.00 General Fund 854.88 - 8 54.88 Other Funds 662.12 - 662.12 Total FTE All Funds 1,517.00 - 1,517.00 1 OFD positions includes the following sworn positions 212.00 - 212.00 2 OPD positions includes the following sworn positions 313.00 - 313.00 City of Ontario
Authorized Full-Time Positions
Fiscal Year 2023-24
First Quarter Budget Update

EXHIBIT A
15 81
Agency Department General Fund Other Fund Total Position Action Community Development
Engineering Land Development (1.00) - (1.00) Permit Technician Deletion 5,171$ - 6,283$ Engineering Land Development 1.00 - 1.00 Engineering Assistant Addition 6,956$ - 8,450$ Transportation (1.00) - (1.00) Senior Associate Engineer Deletion 10,171$ - 12,359$ Transportation 1.00 - 1.00 Principal Engineer Addition 11,752$ - 14,281$ Field Services (1.00) - (1.00) Senior Public Works Inspector Deletion 7,599$ - 9,237$ Field Services 1.00 - 1.00 Supervising Public Works Inspector Addition 8,823$ - 10,719$ Engineering Land Development (1.00) - (1.00) Assistant Engineer Deletion 8,343$ - 10,140$ Engineering Land Development 1.00 - 1.00 Engineering Assistant Addition 6,956$ - 8,450$ - - -
Community Life & Culture
Community Life & Culture Administration (1.00) - (1.00) Community Services Supervisor Reclassification 6,216$ 7,552$ Homeless Continuum Care 1.00 - 1.00 Senior Recreation & Community Services Supervisor Reclassification 6,216$ 7,552$ Museum (1.00) - (1.00) Arts & Culture Event Coordinator Reclassification 4,484$ 5,446$ Recreation 1.00 - 1.00 Recreation & Community Services Coordinator Reclassification 4,484$ 5,446$ - - -
Economic Development
Economic Development (1.00) - (1.00) Economic Development Coordinator Deletion 8,202$ - 9,965$ Economic Development 1.00 - 1.00 Senior Management Analyst Addition 8,202$ - 9,965$ - - -
Financial Services
Accounting (1.00) - (1.00) Accounting Manager Reclassification 9,960$ - 12,109$ Accounting 1.00 - 1.00 Accounting Supervisor Reclassification 9,960$ - 12,109$ Special Districts Administration - 0.80 0.80 Departmental Administrator Addition 10,903$ - 14,508$ Accounting 0.20 - 0.20 Departmental Administrator Addition 10,903$ - 14,508$ Investments (1.00) - (1.00) Investment Officer Reclassification 9,178$ - 11,156$ Investments 1.00 - 1.00 Investment and Treasury Officer Reclassification 9,178$ - 11,156$

0.20 0.80 1.00
Recommended Personnel Changes
City of Ontario
Salary Range
Proposed Change
First Quarter Budget Update
Fiscal Year 2023-24

EXHIBIT A
16 82
Agency Department General Fund Other Fund Total Position Action Recommended Personnel Changes
City of Ontario
Salary Range
Proposed Change
First Quarter Budget Update
Fiscal Year 2023-24
Information Technology
IT Systems - (1.00) (1.00) IT Systems Director Deletion 11,242$ - 13,662$ IT Systems - 1.00 1.00 IT Manager Addition 10,387$ - 12,622$ IT Systems - (1.00) (1.00) IT Applications Director Deletion 11,242$ - 13,662$ IT Systems - 1.00 1.00 IT Manager Addition 10,387$ - 12,622$ IT Systems - (1.00) (1.00) IT Technician Deletion 5,505$ - 6,689$ IT Operations - 1.00 1.00 IT Manager Addition 10,387$ - 12,622$ IT Operations - (1.00) (1.00) IT Operations Director Deletion 11,242$ - 13,662$ IT Operations - 1.00 1.00 Information Security Officer Addition 11,242$ - 13,662$ IT Operations - (1.00) (1.00) IT Specialist Deletion 6,117$ - 7,436$ IT Operations - 1.00 1.00 Senior Information Technology Specialist Addition 6,750$ - 8,202$ IT Systems - (1.00) (1.00) IT Specialist Deletion 6,117$ - 7,436$ IT Systems - 1.00 1.00 Systems Specialist Addition 6,117$ - 7,436$ IT Admin - (1.00) (1.00) Management Analyst Deletion 6,616$ - 8,043$ IT Admin - 1.00 1. 00 Man agement Assistant Addition 5,814$ - 7,067$ - - -
Ontario Municipal Utilities
Water - (1.00) (1.00) Utilities Maintenance Worker Deletion 4,449$ 5,408$ Sewer - (0.40) (0.40) Management Analyst Deletion 6,616$ 8,043$ Water - (0.60) (0.60) Management Analyst Deletion 6,616$ 8,043$ Sewer - 0.40 0.40 Senior Management Analyst Addition 8,202$ 9,965$ Water - 0.60 0.60 Senior Management Analyst Addition 8,202$ 9,965$ - (1.00) (1.00)

EXHIBIT A
17 83
Agency Department General Fund Other Fund Total Position Action Recommended Personnel Changes
City of Ontario
Salary Range
Proposed Change
First Quarter Budget Update
Fiscal Year 2023-24
Public Works
Public Works Administration (0.40) - (0.40) Administrative Technician Deletion 4,668$ 5,673$ Parks Maintenance (0.30) - (0.30) Administrative Technician Deletion 4,668$ 5,673$ Public Grounds Maintenance (0.30) - (0.30) Administrative Technician Deletion 4,668$ 5,673$ Public Works Administration - 0.40 0.40 Administrative Assistant Addition 5,008$ 6,086$ Parks Maintenance - 0.30 0.30 Administrative Assistant Addition 5,008$ 6,086$ Public Grounds Maintenance - 0.30 0.30 Administrative Assistant Addition 5,008$ 6,086$ Integrated Waste Administration (1.00) - (1.00) Administrative Technician Deletion 4,668$ 5,673$ Integrated Waste Administration - 1.00 1.00 Administrative Assistant Addition 5,008$ 6,086$ Public Works Administration (0.05) - (0.05) Administrative Officer Deletion 9,960$ 12,109$ Roadway Maintenance - (0.15) (0.15) Administrative Officer Deletion 9,960$ 12,109$ Integrated Waste Administration - (0.60) (0.60) Administrative Officer Deletion 9,960$ 12,109$ Fleet Management & Equip Replacement - (0.15) (0.15) Administrative Officer Deletion 9,960$ 12,109$ Public Facilities Building Maintenance - (0.05) (0. 05) Administrative Officer Deletion 9,960$ 12,109$ Public Works Administration 0.05 - 0.05 Departmental Administrator Addition 10,903$ 14,508$ Roadway Maintenance - 0.15 0.15 Departmental Administrator Addition 10,903$ 14,508$ Integrated Waste Administration - 0.60 0.60 Departmental Administrator Addition 10,903$ 14,508$ Fleet Management & Equip Replacement - 0.15 0.15 Departmental Administrator Addition 10,903$ 14,508$ Public Facilities Building Maintenance - 0.05 0.05 Departmental Administrator Addition 10,903$ 14,508$ Commercial Bin Collection (1.00) - (1.00) Integrated Waste Collector Deletion 4,039$ 4,909$ Public Facilities Building Maintenance - 1.00 1.00 Facilities Maintenance Supervisor Addition 6,484$ 7,881$ Parks & Maintenance Supervision (1.00) - (1.00) Assistant Park & Maintenance Director Deletion 10,065$ 12,237$ Parks & Maintenance Supervision 1.00 - 1.00 Park & Maintenance Director Addition 10,903$ 14,508$ Public Grounds Maintenance (1.00) - (1.00) Senior Park Maintenance Technician Deletion 5,231$ 6,353$ Public Grounds Maintenance 1.00 1.00 Park & Maintenance Supervisor Addition 6,484$ 7,881$ (4.00) 4.00 -
T
otal Additions/(Deletions) (3.80) 3.80 - Net Change By Fund Net FTE Change
1000 General Fund (3.80)
2600 Special Assessment Administration 0.80
5010 Water Operating (1.00)
5110 Sewer Operating -
5210 Integrated Waste -
6010 Equipment Services -
6020 Information Technology -
6030 Facility Maintenance 4.00
Grand Total -
*Costs will be absorbed within the department's respective budget

EXHIBIT A
18 84
Agency Description
Appropriation
Adjustment General Fund Other Funds
Community Development
Ontario Sports Complex design services, consulting services, and project management PA2302 (CC Approved 8/15/2023) 1,625,701 1,625,701 Additional funding for construction of Omnitrans Premium Bus Shelter TCHA05 (CC Approved 8/15/2023) 541,665 - 541,665 Additional funding for construction, materials testing , and geotechnical engineering for Pedestrian Pathway Improvement TCAT11 (CC Approved 8/15/2023) 178,791 - 178,791
ADA concrete ramp construction (CC Approved 9/19/2023) 175,000 - 175,000 FY 2022-23 Gainshare Program 79,774 78,045 1,729
2,600,931 78,045 2,522,886
Community Life & Culture
4 39,094 - 439,094
3 68,000 - 368,000
1 00,000 - 100,000
6 4,726 58,641 6,085
2 0,000 - 20,000
Administration on Aging - Administration for Community Living Grant (CC Approved 5/16/2023) FY 2023-24 Americorps State Continuation Grant (CC approved 8/15/2023) FY 2023-24 Inland SoCal Creative Corps Grant
FY 2022-23 Gainshare Program
FY 2023-24 Kaiser Permanente - Ontario Access Center Grant California Library Literacy Services FY23 Grant Additional Award Received 3 ,585 - 3,585
995,405 58,641 936,764
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2023-24
First Quarter Budget Update

EXHIBIT A
19 85
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2023-24
First Quarter Budget Update
Economic Development
6 75,000 - 675,000
5 18,590 518,590 -
2 96,400 296,400 -
7 ,384 7,384 -
1,497,374 822,374 675,000
Financial Services
Property Acquisition for 325 N. Mountain Ave (CC Approved 8/15/2023) Lease Agreement with Mark Christopher Auto Center for LED sign upgrades (CC Approved 7/18/2023) Sewer Connection Fee Reimbursement Program for 221 N. Mountain Ave. (CC Approved 8/15/2023) FY 2022-23 Gainshare Program
FY 2022-23 Gainshare Program 2 9,397 29,397 -
29,397 29,397 -
Human Resources/Risk Management
FY 2022-23 Gainshare Program 18,225 18,225
18,225 18,225 -
Information Technology
Additional appropriations for IT Maintenance & Repairs 4,884,815 - 4,884,815 Replacement and purchase of Police handheld radios 2,500,000 - 2,500,000 FY 2022-23 Gainshare Program 25,236 - 25,236
7,410,051 - 7,410,051

EXHIBIT A
20 86
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2023-24
First Quarter Budget Update
Management Services
FY 2022-23 Gainshare Program 24,548 19,827 4,721 24,548 19,827 4,721 OMUC
Euclid Ave Recycled Water Phase 2 Grant (CC approved 2/7/2023) 10,000,000 - 10,000,000 Bon View Sewer Improvements Reimbursement Agreement (CC Approved 8/15/2023) 594,982 - 594,982 FY 2022-23 Gainshare Program 74,537 - 74,537 10,669,519 - 10,669,519 Ontario Fire Department
FY 2022-23 Gainshare Program 225,563 225,563 Homeland Security FY20- FD Grant Additional Award Received 2,452 - 2,452 228,015 225,563 2,452 Ontario Police Department
FY 2023-24 Office of Traffic Safety (OTS) STEP Grant (CC Approved 3/21/2023) 570,000 - 570,000 Vehicle purchase and ballistic glass for new Police units (CC Approved 09/05/2023) 349,600 - 349,600 FY 2022-23 Gainshare Program 313,127 313,127 FY 2023-24 CHP Cannabis Tax Fund Grant (CC Approve 3/21/2023) 256,937 - 256,937 FY 2023-24 Alcohol Policing Partnership Grant 35,608 - 35,608 FY 2023-24 Office of Traffic Safety Ride-to-Live Grant 21,000 - 21,000 CHP Every 15 Minutes Grant FY23 Grant 10,000 - 10,000 1,556,272 313,127 1,243,145

EXHIBIT A
21 87
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2023-24
First Quarter Budget Update
Public Works
Ontario Sports Complex design services, consulting services, and project management PA2302 (CC Approved 8/15/2023) 10,326,635 10,326,635 Additional appropriations for Anthony Munoz Gymnasium PF2413 (CC Approved 10/17/2023) 963,820 - 963,820 Additional appropriations for construction of Fleet Services Shop at PD (CC 7/18/2023) 198,615 - 198,615 FY 2022-23 Gainshare Program 114,367 16,560 97,807 11,603,437 16,560 11, 586,877 Total Expenditures 36,633,174 1,581,759 35,051,415 Transfers-Out 8,188,615 - 8,188,615 Grand Total 44,821,789$ 1,581,759$ 43,240,030$ Note: This schedule does not include Carryforward or transfers-out

EXHIBIT A
22 88
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact

GENERAL FUND
Fund 1000 - General Fund
Sewer Connection Fee Reimbursement Program for 221 N. Mountain Ave. (CC Approved 8/15/2023) 296,400 - - - (
296,400)
Lease Agreement with Mark Christopher Auto Center for LED sign upgrades (CC Approved 7/18/2023) 518,590 - - - (
518,590)
Manual Carryforward from FY 2022-23 for Museum HVAC upgrade 175,000 - - - (175,000) Manual Carryforward from FY 2022-23 for Public Art 100,000 - - - (100,000) Carryforward Obligations from FY 2022-23 6,800,945 - - - (6,800,945) Transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle - 90,000 - 90,000 - FY 2022-23 Gainshare Program 758,963 - - - (758,963) FY 2022-23 Manual Carryforward for Reimbursement Agreements 1,565,764 - - - (1,565,764) GENERAL FUND TOTAL 10,215,662 90,000 - 90,000 (10,215,662)

SPECIAL REVENUE FUNDS
Fund 2010 - Community Development Block Grant
Carryforward Grant Obligations from FY 2022-23 143,550 143,550 - - - Carryforward Grant Appropriations from FY 2022-23 2,129,694 2,129,694 - - - FY 2022-23 Gainshare Program 1,734 - - - (1,734) 2,274,978 2,273,244 - - (1,734) Fund 2020 - HOME Grants
Carryforward Grant Appropriations from FY 2022-23 591,770 591,770 - - - Carryforward Grant Appropriations from FY 2022-23 462 462 - - - Carryforward Grant Appropriations from FY 2022-23 280,735 280,735 - - - Carryforward Grant Appropriations from FY 2022-23 275,512 2 75,512 - - - Carryforward Grant Appropriations from FY 2022-23 136 136 - - - Carryforward Grant Appropriations from FY 2022-23 34,925 34,925 - - - FY 2022-23 Gainshare Program 557 - - - (557) 592,327 591,770 - - (557) City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update

EXHIBIT A
23 89
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 2021 - Housing Grants
Carryforward Grant Appropriations from FY 2022-23 795,467 795,467 - - - 795,467 795,467 - - - Fund 2210 - Measure I
Carryforward CIP Obligations from FY 2022-23 4,336 - - - (4,336) Carryforward CIP Appropriations from FY 2022-23 3,698,127 - - - (3,698,127) 3,702,463 - - - (3,702,463) Fund 2220 - Measure I Valley Major Project
Carryforward CIP Obligations from FY 2022-23 59,407 - - - (59,407) Carryforward CIP Appropriations from FY 2022-23 23,268,253 23,630,881 - - 362,628 23,327,660 23,630,881 - - 303,221 Fund 2400 - General Fund Grants
Homeland Security FY20- FD Grant Additional Award Received 2,452 2,452 - - - California Library Literacy Services FY23 Grant Additional Award Received 3,585 3,585 - - - CHP Every 15 Minutes Grant FY23 Grant 10,000 10,000 - - - Administration on Aging - Administration for Community Living Grant (CC Approved 5/16/2023) 439,094 439,094 - - - FY 2023-24 Inland SoCal Creative Corps Grant 100,000 100,000 - - - FY 2023-24 CHP Cannabis Tax Fund Grant (CC Approve 3/21/2023) 256,937 256,937 - - - FY 2023-24 Alcohol Policing Partnership Grant 35,608 35,608 - - - FY 2023-24 Office of Traffic Safety (OTS) STEP Grant (CC Approved 3/21/2023) 570,000 570,000 - - - FY 2023-24 Office of Traffic Safety Ride-to-Live Grant 21,000 21,000 - - - FY 2023-24 Kaiser Permanente - Ontario Access Center Grant 20,000 20,000 - - - Carryforward Grant Obligations from FY 2022-23 696,691 696,691 - - - Carryforward Grant Appropriations from FY 2022-23 28,265,504 28,265,504 - - - FY23-24 Americorps State Continuation Grant (CC Approved 8/15/2023) 368,000 368,000 - - - FY 2022-23 Gainshare Program 505 - - - (505) 30,789,376 30,788,871 - - ( 505)

EXHIBIT A
24 90
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 2510 - DOJ Asset Seizure
Vehicle purchase and ballistic glass for new Police units (CC Approved 09/05/2023) 349,600 - - - ( 349,600) Carryforward Obligations from FY 2022-23 56,669 - - - ( 56,669) 406,269 - - - ( 406,269) Fund 2513 - Fire Mutual Aid
Carryforward Obligations from FY 2022-23 11,963 - - - ( 11,963) 11,963 - - - ( 11,963) Fund 2521 - Broadband / Fiber
Carryforward CIP Obligations from FY 2022-23 937,737 - - - ( 937,737) Carryforward CIP Appropriations from FY 2022-23 8,664,555 - - - ( 8,664,555) Carryforward Obligations from FY 2022-23 15,670 - - - (15,670) Carryforward Grant Appropriations from FY 2022-23 74,294 74,294 - - - FY 2022-23 Gainshare Program 4,721 - - - ( 4,721) 9,696,977 74,294 - - ( 9,622,683) Fund 2530 - Gas Tax
Carryforward CIP Obligations from FY 2022-23 1,491 - - - ( 1,491) Carryforward Obligations from FY 2022-23 269,410 - - - ( 269,410) Carryforward Grant Obligations from FY 2022-23 25,938 25,938 - - - Carryforward Grant Appropriations from FY 2022-23 76,308 76,308 - - - FY 2022-23 Gainshare Program 6,594 - - - ( 6,594) 1,206,089 102,246 - - ( 1,103,843) Fund 2531 - Road Maint & Rehab Acct (SB1)
ADA concrete ramp construction (CC Approved 9/19/2023) 175,000 - - - ( 175,000) Additional funding for construction, materials testing , and geotechnical engineering for Pedestrian Pathway Improvement TCAT11 (CC Approved 8/15/2023)
178,791 - - - (178,791) Additional funding for construction of Omnitrans Premium Bus Shelter TCHA05 (CC Approved 8/15/2023) 541,665 - - - (541,665) Carryforward CIP Obligations from FY 2022-23 1,679,143 - - - ( 1,679,143) Carryforward CIP Appropriations from FY 2022-23 4,144,787 - - - ( 4,144,787) Carryforward Obligations from FY 2022-23 20,909 - - - (20,909) 6,740,295 - - - ( 6,740,295) Fund 2550 - Air Quality Management District
Carryforward CIP Appropriations from FY 2022-23 134,721 - - - (134,721) 134,721 - - - (134,721)

EXHIBIT A
25 91
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 2570 - Economic Development Activities Fund
Resolution of necessity for 325 N. Mountain Ave (CC Approved 8/15/2023) 675,000 - - - (675,000) Carryforward CIP Appropriations from FY 2022-23 660,056 - - - (660,056) 6,224,000 - - - (6,224,000) Fund 2600 - Special Assessment Administration
Carryforward Obligations from FY 2022-23 51,060 - - - (51,060) FY 2022-23 Gainshare Program 2,973 - - - ( 2,973) 54,033 - - - (54,033) Fund 2610 - Parkway Maintenance
Carryforward Obligations from FY 2022-23 4,454 - - - (4,454) 4,454 - - - ( 4,454) Fund 2640 - Storm Drain Maintenance
Carryforward Obligations from FY 2022-23 28,613 - - - (28,613) FY 2022-23 Gainshare Program 2,567 - - - (2,567) 31,180 - - - ( 31,180) Fund 2650 - Park Impact/Quimby
Carryforward CIP Obligations from FY 2022-23 1,163,357 - - - ( 1,163,357) Carryforward CIP Appropriations from FY 2022-23 1,113,712 - - - ( 1,113,712) 2,277,069 - - - ( 2,277,069) SPECIAL REVENUE FUNDS TOTAL 88,269,321 58,256,773 - - (30,012,548)

EXHIBIT A
26 92
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update

CAPITAL PROJECT FUNDS
Fund 4010 - Capital Projects
Additional appropriations for Anthony Munoz Gymnasium PF2413 (CC Approved 10/17/2023) 963,820 - - - ( 963,820) Ontario Sports Complex design services, consulting services, and project management PA2302 (CC Approved 8/15/2023)
11,952,336 - - - (11,952,336) Bon View Sewer Improvements Reimbursement Agreement (CC Approved 8/15/2023) 228,982 - - - ( 228,982) Carryforward CIP Obligations from FY 2022-23 23,663,367 - - - ( 23,663,367) Carryforward CIP Appropriations from FY 2022-23 67,169,440 1,002,453 - - ( 66,166,987) 103,977,945 1,002,453 - - ( 102,975,492) Fund 4020 - Ground Access
Carryforward Grant Appropriations from FY 2022-23 412,010 412,010 - - - Carryforward Grant Appropriations from FY 2022-23 1,944 1,944 - - - Carryforward Grant Appropriations from FY 2022-23 100,795 100,795 - - - Carryforward Grant Appropriations from FY 2022-23 309,271 309,271 - - - 412,010 412,010 - - - Fund 4030 - Affordability In-Lieu
Carryforward CIP Appropriations from FY 2022-23 9,824,295 - - - ( 9,824,295) Carryforward Grant Appropriations from FY 2022-23 9,743,974 9,743,974 - - - Carryforward Grant Appropriations from FY 2022-23 13,784 13,784 - - - Carryforward Grant Appropriations from FY 2022-23 3,119,990 3,119,990 - - - Carryforward Grant Appropriations from FY 2022-23 6,610,200 6,610,200 - - - -
19,568,269 9,743,974 - - ( 9,824,295) Fund 4211 - General Facility Impact
Carryforward CIP Appropriations from FY 2022-23 1,708,152 - - - ( 1,708,152) 1,708,152 - - - ( 1,708,152) Fund 4212 - Integrated Waste Impact
Carryforward Obligations from FY 2022-23 662,036 - - - ( 662,036) 662,036 - - - ( 662,036) Fund 4213 - Law Enforcement Impact
Carryforward CIP Appropriations from FY 2022-23 1,149,535 - - - ( 1,149,535) 1,149,535 - - - ( 1,149,535)

EXHIBIT A
27 93
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 4310 - Old Model Colony - Fire Impact
Carryforward CIP Appropriations from FY 2022-23 463,351 - - - ( 463,351) 463,351 - - - ( 463,351) Fund 4311 - OMC - Local Adjacent Water
Carryforward CIP Obligations from FY 2022-23 209,048 - - - ( 209,048) Carryforward CIP Appropriations from FY 2022-23 3,300,934 - - - ( 3,300,934) 3,509,982 - - - ( 3,509,982) Fund 4312 - OMC - Local Adjacent Streets
Carryforward CIP Obligations from FY 2022-23 45,850 - - - ( 45,850) Carryforward CIP Appropriations from FY 2022-23 5,413,081 - - - ( 5,413,081) 5,458,931 - - - ( 5,458,931) Fund 4313 - OMC - Local Adjacent Storm Drain
Carryforward CIP Obligations from FY 2022-23 524,932 - - - ( 524,932) Carryforward CIP Appropriations from FY 2022-23 4,622,659 - - - ( 4,622,659) Carryforward Obligations from FY 2022-23 288,438 - - - ( 288,438) 5,436,029 - - - ( 5,436,029) Fund 4314 - OMC - Local Adjacent Water
Carryforward CIP Appropriations from FY 2022-23 1,087,419 - - - ( 1,087,419) 1,087,419 - - - ( 1,087,419) Fund 4317 - OMC - Regional Streets
Carryforward CIP Appropriations from FY 2022-23 4,761,428 - - - ( 4,761,428) 4,761,428 - - - ( 4,761,428)

EXHIBIT A
28 94
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 4318 - OMC - Regional Water
Carryforward CIP Appropriations from FY 2022-23 3,361,749 - - - ( 3,361,749) 3,361,749 - - - ( 3,361,749) Fund 4410 - Ontario Ranch - Fire Impact
Carryforward CIP Obligations from FY 2022-23 61,020 - - - ( 61,020) Carryforward CIP Appropriations from FY 2022-23 4,275,980 - - - ( 4,275,980) Carryforward Obligations from FY 2022-23 2,643,024 - - - ( 2,643,024) 6,980,024 - - - ( 6,980,024) Fund 4411 - Ontario Ranch - Local Adjacent Fiber
Carryforward CIP Obligations from FY 2022-23 150,486 - - - ( 150,486) Carryforward CIP Appropriations from FY 2022-23 1,001,194 - - - ( 1,001,194) 1,151,680 - - - ( 1,151,680) Fund 4415 - Ontario Ranch - Local Adjacent Storm Drain
Carryforward CIP Obligations from FY 2022-23 4,490,864 - - - ( 4,490,864) Carryforward CIP Appropriations from FY 2022-23 598,293 - - - ( 598,293) 5,089,157 - - - ( 5,089,157) Fund 4416 - NMC - Regional Fiber
Carryforward CIP Obligations from FY 2022-23 201,482 - - - ( 201,482) 201,482 - - - ( 201,482) Fund 4419 - Ontario Ranch - Regional Streets
Carryforward CIP Appropriations from FY 2022-23 7,214,001 - - - ( 7,214,001) 7,214,001 - - - ( 7,214,001) Fund 4420 - Ontario Ranch - Regional Water
Carryforward CIP Obligations from FY 2022-23 3,501,894 - - - ( 3,501,894) Carryforward CIP Appropriations from FY 2022-23 6,906,572 - - - ( 6,906,572) 10,408,466 - - - ( 10,408,466) -
CAPITAL PROJECT FUNDS TOTAL 182,601,646 11,158,437 - - (171,443,209)

EXHIBIT A
29 95
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update

ENTERPRISE FUNDS
Fund 5010 - Water Operating
Carryforward Obligations from FY 2022-23 2,530,250 - - - ( 2,530,250) FY 2022-23 Gainshare Program 55,584 - - - ( 55,584) 2,585,834 - - - ( 2,585,834) Fund 5011 - Water Capital
Euclid Ave Recycled Water Phase 2 Grant (CC approved 2/7/2023) 10,000,000 10,000,000 - - - Carryforward CIP Obligations from FY 2022-23 10,350,846 - - - ( 10,350,846) Carryforward CIP Appropriations from FY 2022-23 16,721,989 3,361,749 - - ( 13,360,240) Carryforward Obligations from FY 2022-23 52,350 - - - ( 52,350) FY 2022-23 Gainshare Program 8,777 - - - ( 8,777) 37,133,962 13,361,749 - - (23,772,213) Fund 5110 - Sewer Operating
Carryforward Obligations from FY 2022-23 536,655 - - - (536,655) FY 2022-23 Gainshare Program 7,918 - - - (7,918) 544,573 - - - (544,573) Fund 5111 - Sewer Capital
Bon View Sewer Improvements Reimbursement Agreement (CC Approved 8/15/2023) 366,000 - - - (366,000) Carryforward CIP Obligations from FY 2022-23 319,611 - - - (319,611) Carryforward CIP Appropriations from FY 2022-23 2,523,453 45,978 - - (2,477,475) Carryforward CIP Appropriations from FY 2022-23 416,605 - - - (416,605) Carryforward CIP Appropriations from FY 2022-23 558,688 - - - (558,688) Carryforward CIP Appropriations from FY 2022-23 1,270,000 - - - (1,270,000) Carryforward CIP Appropriations from FY 2022-23 474 - - - (474) Carryforward CIP Appropriations from FY 2022-23 45,978 - - 45,978 Carryforward CIP Appropriations from FY 2022-23 230,000 - - - (230,000) Carryforward CIP Appropriations from FY 2022-23 47,686 - - - (47,686) Carryforward Obligations from FY 2022-23 15,104 - - - (15,104) FY 2022-23 Gainshare Program 2,258 - - - (2,258) 3,226,426 45,978 - - (3,180,448) Fund 5210 - Integrated Waste
Carryforward CIP Obligations from FY 2022-23 28,777 - - - (28,777) Carryforward CIP Appropriations from FY 2022-23 1,407,351 - - - (1,407,351) Carryforward Obligations from FY 2022-23 3,543,747 - - - (3,543,747) Carryforward Grant Obligations from FY 2022-23 26,188 26,188 - - - Carryforward Grant Appropriations from FY 2022-23 143,922 143,922 - - - FY 2022-23 Gainshare Program 56,912 - - - (56,912)
5,203,297 166,510 - - (5,036,787) ENTERPRISE FUNDS TOTAL 48,694,092 13,574,237 - - (35,119,855)

EXHIBIT A
30 96
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update

INTERNAL SERVICE FUNDS
Fund 6010 - Equipment Services
Manual Carryforward from FY 2022-23 for Citywide fleet vehicle purchases and outfitting costs 4,874,177 - - - ( 4,874,177) Carryforward CIP Appropriations from FY 2022-23 149,464 - - - ( 149,464) Carryforward Obligations from FY 2022-23 13,409,868 - - - ( 13,409,868) Transfer from General Fund to Fleet for purchase and outfitting costs of PD Airport unit vehicle - - 9 0,000 - 9 0,000 Transfer from Fleet to Facilities Maintenance for Fleet Services Shop at PD - - - 1 98,615 ( 198,615) FY 2022-23 Gainshare Program 15,267 - - - ( 15,267) 18,448,776 - 90,000 1 98,615 ( 18,557,391) Fund 6020 - Information Technology
Additional appropriations for IT Maintenance & Repairs 4,884,815 - - - ( 4,884,815) Replacement and purchase of Police handheld radios 2,500,000 - - - ( 2,500,000) Carryforward CIP Obligations from FY 2022-23 536,676 - - - ( 536,676) Carryforward CIP Appropriations from FY 2022-23 2,766,816 - - - ( 2,766,816) Carryforward Obligations from FY 2022-23 380,551 - - - ( 380,551) FY 2022-23 Gainshare Program 28,344 - - - (28,344) 11,097,202 - - - (11,097,202) Fund 6030 - Facilities & Parks Maintenance
Additional appropriations for construction of Fleet Services Shop at PD (CC 7/18/2023) 198,615 - - - (198,615) Carryforward CIP Obligations from FY 2022-23 210,890 - - - (210,890) Carryforward CIP Appropriations from FY 2022-23 2,617,082 - - - (2,617,082) Carryforward Obligations from FY 2022-23 425,579 - - - (425,579) Transfer from Fleet to Facilities Maintenance for Fleet Services Shop at PD - - 198,615 - 198,615 FY 2022-23 Gainshare Program 18,196 - - - (18,196) 3,470,362 - 198,615 - ( 3,271,747)

EXHIBIT A
31 97
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2023-24
First Quarter Budget Update
Fund 6111 - General Liability
Transfer from Disability/Unemployment to General Liability to fund settlement payment - - 7,900,000 - 7,900,000 FY 2022-23 Gainshare Program 1,629 - - - (1,629) 1,629 - 7,900,000 - 7,898,371 Fund 6112 - Disability / Unemployment Insurance
Transfer from Disability/Unemployment to General Liability to fund settlement payment - - - 7,900,000 (7,900,000) FY 2022-23 Gainshare Program 96 - - - (96) 96 - - 7,900,000 (7,900,096) Fund 6210 - Pension Benefit Fund
Carryforward CIP Obligations from FY 2022-23 21,422 - - - (21,422) Carryforward CIP Appropriations from FY 2022-23 1,000 - - - (1,000) 22,422 - - - (22,422) INTERNAL SERVICE FUNDS TOTAL 33,040,487 - 8,188,615 8,098,615 (32,950,487) TOTAL CITY FUNDS BUDGET ADJUSTMENTS 362,821,208 83,079,447 8, 188,615 8, 188,615 ( 279,741,761) Fund 2310 - Ontario Housing Authority
Carryforward CIP Appropriations from FY 2022-23 9,887,093 9,824,295 - - (62,798) Carryforward Obligations from FY 2022-23 25,367 - - - (25,367) Carryforward Grant Appropriations from FY 2022-23 6,880,607 6,880,607 - - - Carryforward Grant Appropriations from FY 2022-23 1,880,010 1,880,010 - - - Carryforward Grant Appropriations from FY 2022-23 118 118 - - - Carryforward Grant Appropriations from FY 2022-23 3,061 3,061 - - - Carryforward Grant Appropriations from FY 2022-23 4,597,418 4,597,418 - - - Carryforward Grant Appropriations from FY 2022-23 400,000 400,000 - - - FY 2022-23 Gainshare Program 3,289 - - - (3,289) 16,796,356 16,704,902 - - (91,454) Fund 2320 - Housing Asset Fund
Carryforward CIP Appropriations from FY 2022-23 517,138 - - - (517,138) 517,138 - - - (517,138) -
AGENCY FUNDS TOTAL 17,313,494 16,704,902 - - (608,592) -
TOTAL ALL FUNDS BUDGET ADJUSTMENTS 380,134,702 99,784,349 8, 188,615 8, 188,615 ( 280,350,353)

EXHIBIT A
32 98
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting:

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

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS

AND ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE

ARMSTRONG COMMUNITY CENTER ROOF RESTORATION PROJECT

CITY OF ONTARIO
Agenda Report
November
7, 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 the Armstrong Community Center Roof Restoration Project. The proposed Amendment to the Design Services Agreement with Robert Borders and Associates will increase the contract amount by $40,303 for a total not-to-exceed contract amount of $622,842. The total contract amount of $622,842 includes on-call work performed for various citywide projects.

BACKGROUND & ANALYSIS:

The roof at Armstrong Community Center requires increased maintenance due to deterioration concerns, which were identiﬁed after an initial analysis was completed. The architectural services will consist of schematic designs of the exterior entry overhang, waterprooﬁng, and structural framing design. The proposed remediation options will include a demolition plan, building cross sections, elevations, and other details as needed. 99 46700.00100\33287662.1

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BB&K 2020

AM
ENDMENT NO. 18 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

ROBERT BORDERS AND ASSOCIATES

1. P
arties and Date.

Th
is Amendment No. 18 to the Agreement (as defined herein) is made and entered as of ____________, by and be tween the City of Ontario (“City”) and Robert Borders and Associates, a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 A greement. T he City and Consul tant have entered into an agreement entitled “Design Services Agreement” dated January 1, 2020 (“Agreement”). (“Agreement”).

2.2 A mendment Purpose. T he City and Consultant desire to amend the A greement to revise the scope of services for the D&C2 2-014 Armstrong Center Roof Re placement Project set forth in Amendment No. 18 – Exhibit “A” and increase the not-to-exceed compensation amount by Forty Thousand Three Hundred and Three Dollars ($40,303). The Parties have heretofore entered into that Am endment No. 1dated March 15, 2020, Amendment No. 2 dated June 22, 2020, Amendment No.3 dated November 19, 2020, Amendment No. 4 dated December 5, 2020, Amendment No. 5 dated January 15, 2021, Amendment No. 6 dated April 6, 2021, Amendment No. 7 dated August 11, 2021, Amendment No. 8 dated Septemb er 30, 2021, Amendment No. 9 dated September 30, 2021, Amendment No. 10 dated February 1, 2022, Amendment No. 11 dated October 1, 2022, Amendment No. 12 dated January 5, 2023, Amendment No. 13 dated May 17, 2023, Amendment No. 14 dated June 20, 2023, Amendment No. 15 dated June 20, 2023, Amendment No. 16 dated August 15, 2023 and Amendment No. 17 dated October 17, 2023 .

2.3 Amendment Authority. This A mendment No. 18 is authorized pursuant to Section

3.8.1 of the Agreement.

3. T
erms.

3.1 Amendment . S ect ion 3.10.1 of the Agreement is hereby amended in its entirety to 100
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BB&K 2020

read as follows:

“3.10.1 Consultant's Compensation for Basic Services. City shall pay to consultant, for the performance of all Services rendered unde r t his Agreement, with the tota l not to e xceed amount of Six Hundred Twenty-Two Thousand and Eight Hundred Forty - Two Dollars ($622,842) ("Total Compensation"). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and condit ions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement."

Exhibit A is hereby deleted in its e ntirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 18, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 18. From and after the date of this Amendment No. 18, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by t his Amendment No. 18.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 18.

3.4 Severability. If any portion of this Amendment No. 18 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. Th is Amendment represents the entirety of t he Parties’ un derstanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integ rated amendment.

[SIGNATURES ON FOLLOWING PAGE]
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BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 18 TO DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO

AND ROBERT BORDERS AND ASSOCIATES

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 18 as of the day and year first above written.

CITY OF ONTARIO Robert Borders and Associates

By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

102
28 August 2023
City of Ontario Public Works Agency
1333 South Bon View Ave.

Ontario, CA 91761
Attention: Adrian Escamilla
Design & Construction Project Manger
Project: CITY OF ONTARIO
Armstong Community Center
1265 S. Palmetto Ave.

Ontario, CA 91762
Subject: Architectural Services Proposal
Dear Adrian:

Borders Architects is pleased to submit our proposal to provide Architectural Services for the architectural analysis & proposed remediation of the existing exterior entry overhang showing signs of failing roofing, waterproofing, and structural framing/loading design. A new roof for the entire building is proposed and required repairs and/or replacement of various damaged out lookers, fascia boards, trellis members, posts, attic vent screening, etc. on the exterior of the building as directed by the city. Roof gutter repairs and additions will be considered and included as directed.

Our services on this project will include Schematic Design, coordination with the city & consultants, preparation of Construction Drawings, Technical Specifications, processing drawings through the City Plan Check process and limited assistance during with the Bidding and Construction Administration Phase. Normal Structural, Electrical and Mechanical Engineering are included.

We propose that our work be performed as follows:

A. BASIC SERVICES:

1. SCHEMATIC DESIGN:
a. Field verification of existing exterior building, handicap parking and site area within scope of proposed work.
b. Establish basis design and work with the City to produce preliminary plan, elevation and notes outlining scope.

2. CONSTRUCTION DOCUMENTS PHASE: Construction Documents and Technical Specifications will be prepared per Borders Architectural Standards and will be based upon the approved space plan.

The Construction Documents will include the following:
a. Site plan indicating area of work, accessible parking and parking details. b. Partial Demolition Plan at entry area of work and Demolition Roof Plan. c. Partial Floor Plan, at entry area of work.

Continued on Next Page…
"Exhibit A"
103

CITY OF ONTARIO
Architectural Services Proposal
28 August 2023

Page 2 ends

d. Partial Reflected Ceiling Plan at entry area of work.

e. Roof Plan.

f. Exterior Elevations as needed to show all areas of repair.

g. Partial Building sections and details as needed.

h. Structural Engineering plans prepared by our con sultant.

i. (1) Cost Estimate prepared by our consultant at time of plan check submittal.

j. Book format Technical Specifications.

k. Submittal & processing the Construction Document s through the City Plan Check process.

l. Preparation of as-built drawings from contractor s redline mark ups.

3. BIDDING & NEGOTIATION PHASE: Provide limited ge neral coordination & support; respond to bidders, attend (1) bid job walk, etc. An allowance has been included for this phase and will be billed on a time and material basis.

4. CONSTRUCTION CONTRACT ADMINISTRATION PHASE: Pro vide administration of the contract during construction including (1) on-site visit & (1) virtual walk, review of submittals & RFI’s, (1) punch walk, (1) re-walk of punch items, virtual meetings as needed, etc.

5. ASSUMPTIONS: Our Proposal is based upon certain assumptions that are listed below.

a. Normal Building permit plan check processing is included. Special permits, Health Dept. review, planning approval, etc. beyond the scope of normal building permit submittal are not included and would be considered Additional Services.

b. Engineering for security, fire alarm, audio-visu al, data, and telephone communication systems are not included.

c. Civil Engineering, Geotechnical Engineering & La ndscape Architecture services are not included.

d. Drawings will be prepared with architectural ind ustry standards. Any client mark ups that deviate from the architectural standards will be an add service and billed on a time and materials basis.

e. New roof screening for existing HVAC units to re main is excluded. Should this be required by Planning Department this will require additional services.

B. ADDITIONAL SERVICES: Additional Services are those services requested th at are not specifically included as Basic Services; i.e., Preparation of ad ditional revisions to the space plan, selection of new finishes, additional furniture coordination, beyond the scope, construction administration etc. will b e considered additional services.

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CITY OF ONTARIO
Architectural Services Proposal
28 August 2023

Page 3 ends

C. COMPENSATION:

1. BASIC SERVICES: Compensation will be on a time and material basis utilizing the hourly rate include below. The fee for this work will not exceed $40,303.00 without prior approval from The City of Ontario.

The proposed fees are valid for a period of 3 months from the date of proposal. The breakdown is as follows:

BASIC SERVICES
Architecture:

Schematic Design $4,635.00
Construction Documents 12,750.00
Bidding & Negotiation 1,328.00 (12 Hr. Allowance)*
Construction Administration 3,645.00 (21 Hr. Allow ance) * Subtotal $22,358.00

Consultant:

Cost Estimating $920.00
Structural Engineering w/CA 8,625.00
Technical Specifications 6,900.00
Subtotal $16,445.00

Reimbursable Expenses $1,500.00 (Allowance) *

Total Basic Services Fee $40,303.00

*This amount may increase or decrease as expenses are incurred during the course of the Project, such as plan check fees, printing, etc.

2. ADDITIONAL SERVICES: Performed on an hourly bas is utilizing the hourly rates indicated below.

Consultants’ fees for Additional Services will be invoiced at a multiple of 1.15 times the amount expended by our firm.

a. Hourly Rates:

CLASSIFICATION HOURLY RATE

Principal $215.00
Senior Project Manager/Associate $195.00
Project Manager $165.00
Senior Designer $160.00
Intermediate Designer $140.00
Junior Designer $115.00
Senior Drafter $150.00
Intermediate Drafter $125.00
Junior Drafter $100.00
Clerical/Word Processor $85.00

3. REIMBURSABLE EXPENSES: Out-of-pocket expenses i ncurred on behalf of the Project such as travel, messenger services, plan check fees, printi ng, plotting, photography and other forms of reproducing drawings, specifications and documents will be billed to the Client as a reimbursable expense. These expenses will be invoiced at our cost plus 15% and are not considered part of Basic Services. An allowance has been provided for this purpose.

4. PAYMENT METHOD: Invoices for services rendered and reimbursable expenses shall be submitted once a month on a net 30-day basis. Payments due and unpaid are subject to interest from the date payment is due at the maximum prevailing legal rate.

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Architectural Services Proposal
28 August 2023

Page 4 ends

D. TERMS & CONDITIONS:

1. The Standard Form of Agreement Between Owner and Architect, AIA Document B151, 1997 Edition will be used as a reference for terms and conditions on this project.

E. INSURANCE: The Borders Architects insurance coverage current ly in force is listed below. Similar coverage is required of our major engineering consultants.

TYPE CARRIER LIMIT DEDUCTIBLE

Professional Liability National Casualty $2,000,000
Per Occurrence
$4,000,000
Aggregate
$10,00 0.00
Per Claim

Comprehensive
General Liability
Continental Casualty $1 ,000,000
Per Occurrence

$2,000,000
Aggregate

Umbrella Liability Continental Casualty $2,000,000

Auto Liability Continental Casualty $1,000,000

Workers’ Compensation American Casualty
Co. of Redding PA
$1,000,000

F. REMODELING/REHABILITATION DISCLAIMER:

Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building, the Client will hold harmless, indemn ify and defend the Architect from and against any a nd all claims arising out of the professional services provided under this agreement. The Architect agrees to be responsible for his or his employee’s own neglig ent acts, errors, or omissions in the performance o f their professional service. It is understood and a greed that this contract does not contemplate handl ing of, or design including use of, asbestos or any hazardous waste material. Therefore, Client agrees to hold harmless, defend and indemnify the Architect for al l claims, lawsuits, expenses or damages arising fro m or related to the handling, use, treatment, purchas e, sale, storage or disposal of asbestos, asbestos products or any hazardous waste materials, or hazardous materials in general.

G. AMERICANS WITH DISABILITIES ACT (ADA):

The Americans with Disabilities Act (ADA) requires removal of architectural barriers in existing facil ities where such removal is readily achievable. Client acknowledges that the definition of “readily achievable” contained in the ADA is flexible and subject to int erpretation on a case-by-case approach. The requirements of the ADA will therefore be subject t o various possibly contradictory interpretations. The Architect will use its best professional efforts to interpret applicable ADA requirements and to advise Client as to the modifications to Client’s facility that m ay be required to comply with the ADA. The Archite ct, however, cannot and does not warranty or guarantee that Client’s facility will fully comply with interpretation of ADA requirements by regulatory bodies or court decisions.

This Proposal has been structured to reflect the le vel of services that we anticipate will best serve your needs on the Project. We would be pleased to respond to any alternatives that you wish to consider or answe r any questions at your convenience.

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CITY OF ONTARIO
Architectural Services Proposal
28 August 2023

Page 5 ends

We appreciate the opportunity to continue our relationship with City of Ontario and thank you for allowing us to present this proposal. If this proposal is acceptable, please sign one copy and return to our office.

Sincerely,

BORDERS ARCHITECTS

Loren Della Marna

Loren Della Marna, NCARB, AIA, LEED AP BD+C
Principal
DJP:jrg

Approved _______________________________ Date__________________________

107
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: 7
SUBJECT:

APPROVE WEST COAST LIGHTS AND SIRENS, INC. AS AN AUTHORIZED SUPPLIER

AND AWARD A GOODS & SERVICES AGREEMENT FOR FLEET VEHICLE EQUIPPING

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Equipment Services Fund for ﬂeet vehicle equipping. The estimated cost for services for Fiscal Years 2024-2026 shall not exceed $750,000 per year for a total not-to-exceed contract amount of $2,250,000.

BACKGROUND & ANALYSIS:

On February 20, 2018, the City Council had previously approved West Coast Lights and Sirens, Inc., of Riverside, California, as an authorized supplier for current and future purchases and installation of electronics and equipment in ﬂeet vehicles. Staﬀ recommends continuing the authorization of West Coast Lights and Sirens, Inc. as an approved supplier. This will improve the eﬃciency of getting vehicles outﬁtted quickly and ready to serve the community. The Public Works Agency, Fire Department, and Police Department Staﬀ have identiﬁed West Coast Lights and Sirens, Inc., of Riverside, California, as a suitable supplier for equipping vehicles due to being factory authorized dealers for the equipment they provide and install and their reputation in the industry for the specialized work they perform.
108
46700.00100\40935206.1
(BB&K 2023) - 1 - Goods and Services Agreement

ITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and West Coast Lights and Sirens, Inc., a Corporation with its principal place of business at 601 Columbia Ave., Suite A-B, Riverside, CA 92507 (“Vendor”).

City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Vendor desires to perform and assume responsibility for the provision of certain services and goods required by the City on the terms and conditions set forth in this Agreement.

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractor s have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 G eneral Scope of Services . Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Outfitting of Emergency and City Vehicles services (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

1.2 Goods. V endor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
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(BB&K 2023) - 2 - Goods and Services Agreement

2. T ERM.

2.1 The term of this Agreement shall be from October 17, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one (1) additional two -year term. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.

3. F
EES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million Two Hundred Fifty Thousand ($2,250,000) without written approval of City ’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 P ayment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3 R
eimbursement for Expenses . Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 E xtra Work . At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City ’s Representative.

4. R ESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor ’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 110
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(BB&K 2023) - 3 - Goods and Services Agreement

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this Section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Agreement.

4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible fo r the delay, shall not entitle Vendor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.

4.4 A cceptance. The Goods shall be received subject to City ’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

4.5 C
oordination of Services . Vendor agrees to work closely wi th City staff in the performance of Services and shall be available to City ’s staff, consultants and other staff at all reasonable times.
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(BB&K 2023) - 4 - Goods and Services Agreement

4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Service s, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re -employed to perform any of the Services provided under this Agreement.

4.7 W
arranty . In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City ; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 R eserved.

4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.

4.10 Law s and Regulations; Employee/Labor Certifications . Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner a ffecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by l aw. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity 112
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of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor . Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor ’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections.

4.10.2 E
mployment Eligibility; Subcontractors, and Consultants . To the same extent and under the same conditions as Vendor , Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 E
mployment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Vendor verifies that the y are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4 .10.1 or 4. 10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California 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 agrees to comply with such provisions before commencing the performance of the Services.

4.10.5 E
qual Opportunity Employment . Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor , employee or 113
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applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements ’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.

4.10.7 W
ater Quality .

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

4.10.7.2 L
iability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s non - compliance with the laws, regulations and policies described in this Section, unless such non- compliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Tr aining. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractor s shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph. 114
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5. P ROJECT MANAGEMENT

5.1 City’s Representative. The City hereby designates Manny Rebolledo, or his or her designee, to act as its representative for the performance of this Agreement ( “City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

5.2 V endor’s Representative . Vendor hereby designates Mitchel Gonzalez, Sales Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. I NSURANCE.

6.1 Time for Compliance. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 M
inimum Req uirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractor s. Vendor shall also require all of its subcontractor s to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

6.2.1 M
inimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer ’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 M
inimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
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6.2.3 Manufacturer of Goods . If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

6.2.4 N otices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

6.2.5 A
dditional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as a dditional insureds on Vendor ’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.3 I nsurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

6.3.1 G eneral Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete oper ations performed by or on behalf of the Vendor , including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City ’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 A
utomobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor ’s scheduled 116
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underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor ’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional ins ureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

6.3.4 A
ll Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

6.4 S
eparation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.5 D
eductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

6.6 S
ubcontractor Insurance Requirements . Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor, the City may approve different scopes or minimum limits of insurance for particular subcontractor s. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
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6.7 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6.8 V erification of Coverage . Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.9 R
eporting of Claims . Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.

7. I NDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

7.2 A
dditional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor ’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insuranc e proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. C ALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor 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 118
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the performance of other requirements on “ public works ” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor 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 the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected 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. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractor s must be registered with the Department of Industrial Relations.

Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. 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.

8.3 C ompliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor ’s performance of Services, including any delay, shall be Vendor ’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor 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 Vendor or any subcontractor.

9. S AFETY.

Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its s ervices, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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10. A CCOUNTING RECORDS.

Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

11. T ERMINATION OF AGREEMENT.

11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods , Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.

The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

11.2 E ffect of Termination . If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.

11.3 A dditional Services . In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, goods and services similar to those terminated.

12. G ENERAL PROVISIONS.

12.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Vendor:

West Coast Lights & Sirens, Inc
601 Columbia Ave. Suite A-B,
Riverside ,CA 92507
Attn: Mitchel Gonzalez
City:

City of Ontario
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303 E. B Street
Ontario, CA 91764
Attn: Manny Rebolledo, Fleet Services
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

12.3 G overning Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.

12.4 Ti
me of Essence. Time is of the essence for each and every provision of this Agreement.

12.5 Cit y’s Right to Employ Other Vendor s. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.

12.6 Su c cessors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

12.7 A ssignment or Transfer . Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.8 C onstruction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
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(BB&K 2023) - 14 - Goods and Services Agreement

12.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

12.10 W aiver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

12.11 N o Third Party Beneficiaries . Except to the extent expressly provided for in Section

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

12.12 I nvalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

12.13 P rohibited Interests . Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor , to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor , any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12.14 C
ooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

12.15 A uthority to Enter Agreement . Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

12.16 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

12.17 E ntire Agreement . This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES ON NEXT PAGE
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(BB&K 2023) - 15 - Goods and Services Agreement

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(BB&K 2023) - 16 - Goods and Services Agreement

SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND WEST COAST LIGHTS & SIRENS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO WEST COAST LIGHTS & SIRENS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

Assistant City Clerk

124
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(BB&K 2023) Exhibit A-1 Goods and Services Agreement

EXHIBIT “A”

SCOPE OF SERVICES
Scope of Work

The intent of this “scope of work” is to describe the present and future fleet.

Typical installation based on components utilized in our present departments in addition to potential repairs to existing equipment. The vast majority of installation work based on historical replacement purchases will be performed on marked and unmarked law enforcement vehicles. Listed below is a description of the equipment involved in a typical removal and installation for a marked and unmarked City of Ontario sedan. Other Police and Fire vehicles such as SUVs’ and vans will be outfitted to suit the operational needs of the City of Ontario. When such SUV’s and vans are to be outfitted, City of Ontario Fleet Services Management will contact the vendor and by mutual agreement determine the specifications of the equipment to be installed and the price the vendor is going to charge.

Existing Standard Equipment Removal & Installation

• Remove light bar.
• Remove communications consoles.
• Remove computer system, mounts and wiring.
• Remove heavy duty master circuit breaker at battery.
• Remove all fuse assemblies.
• Remove siren/speaker.
• Remove Headlight Flasher Module
• Remove (3) Motorola Two-Way Radios & Related Equipment • Remove rear deck lights and cables and connectors to trunk. • Remove front and rear corner strobe wiring, connectors, power supply and strobe lamps.
• Remove prisoner seat to include seatbelt and all hardware. • Remove prisoner partition.
• Remove weapon racks.
• Remove Side Rear Window Barriers.

Reuse of existing electronic hardware and equipment is preferred when such equipment is in serviceable condition and fits the vehicle that the equipment is being installed in. City of Ontario Fleet Services Management and the vendor will determine what items will be reused, if at all. When new emergency equipment is purchased from the vendor, the price of the equipment shall reflect the discount %. All old/unusable equipment shall be returned to fleet 125
46700.00100\40935206.1

(BB&K 2023) Exhibit A-2 Goods and Services Agreement

service. Vendor shall stock all replacement equipment so no delay will occur during repairs/installation.

Pickup and Delivery

If the vendor provides pickup and delivery service for vehicles or parts, the location of the City of Ontario Fleet Services is located at 1425 South Bon View Ave, Ontario, Ca. Normal business hours are considered to be on a Monday through Friday basis, 7:00 AM to 5:00 PM. In certain situations and/or by mutual agreement vehicles and parts will be picked up by City of Ontario Fleet Services Personnel. If pickup and delivery service is not available, vehicles and parts will be picked up by City of Ontario Personnel.

All delivered/picked up parts or completed work must be accompanied with a picking ticket or an invoice. The invoice or picking ticket must state the vendors name, part name with corresponding part number, purchase price, and a purchase order number, that was given at the time of order. Work orders must also include a brief description of any work or repairs performed or service recommended, and the estimated cost of repairs. If the estimate is later revised, the following information must be provided: time, date, and name of person making the revision, and recommended future repairs with all estimated costs. All estimate revisions must be presented in writing by fax to the City of Ontario’s Fleet Services Management at 909-395-2648 or emailed to [email protected].

At the time of delivery the vendor’s representative will pick-up any cores and issue a core credit receipt to the City of Ontario Parts Manager or Fleet representative.

A
ll Fleet will be labeled OUT of SERVICE for delivery.

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(BB&K 2023) Exhibit B-1 Goods and Services Agreement

EXHIBIT “B”

SCHEDULE OF SERVICES
[SAMPLE PARTS LIST

ITEM DESCRIPTION
36-2055/SUV WESTIN BUMPER
36-2055PB WESTIN PIT BAR
36-2055W WESTIN HEADLIGHT WRAP AROUND

ONTARIO PD / BIKE PUSHBUMPER MOUNT BIKE RACKS W/ STRAP
IPX620-BR DUAL COLOR HORTIZONTAL B/R
SPOT/ P46FLC WHELEN LED FLOOD LIGHT
211030-0002 SPOTLIGHT DRIVER SIDE
211031-0002 SPOTLIGHT PASSENGER SIDE
CC-UV-L-18 TROY CONSOLE

CM-PSUV-SL-LED COMPUTER MOUNT
ONTARIO/M180S-X INTERSECTION/PUDDLE LIGHT
QK2120ITU12 #12 EXPANDED METAL W/REPLACEMENT
PK1134ITU12TM #8XL COATED POLY PARTITION
WK0040ITU12 WK0040ITU12 CARGO AREA WINDOWS
GK10701UHK ST-RAIL VALULT 1 UNIVERSAL
TK0250ITU12 CARGI BOX DSK-BSK 12-18
TPA9289 TPA9289 LOWER SLIDING EQUIPMENT TRAY
TK0476ITU12 SETINA EASY LIFT CARGO DECK
D.PANEL / DK0100ITU12 SETINA DOOR PANEL
WK0595ITU12 RSO WINDOW POLY SCREENS
MPS600U-BA MICROPLUSE ULTRA THIN 6-LED

FHL-TAIL TAIL LIGHT FLASHER FHL-TAIL
MS6BH-R MS6BH-RR 6 LED HOOD AND DECK MOUNT
SSP3000B FEDERAL SMART PLATINUM 100/200 WATT SIREN
VALR442-CAL2 VAKR44S-XAL2- FEDERAL SIGNAL 44-INCHE VALOR PREEMTION / MDASHCPE CODE 3 PREEMPTION SUPPLY OPTICOME

127
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(BB&K 2023) Exhibit C-1 Goods and Services Agreement

EXHIBIT “C”

COMPENSATION
A. Rate per Hour Compensation

B. DISCOUNT
Per Vendor and City of Ontario agreement majority of parts to be discounted of manufacturers list price. Fabricated parts and non-standard parts not frequently used or requested price will be negotiated prior to purchase or negotiated.

PRICING

The following list represents the percentage mark-up and discounts for requested parts and supplies:

WESTIN: 41% OFF LIST PRICE

FED SIG: 47% OFF LIST PRICE
- EXCEPTION: (8% MARK UP BASED ON DISCOUNT ON THE FOLLOWING ITEMS): Q2B/EQ2B SIREN PARTS, COMMANDER SERIES LIGHTS, AIR-

EL, STINGER

TROY: 38% OFF LIST PRICE

SETINA: 31% OFF LIST
-
EXCEPTION:
o BLAC RAC: 13.7% OFF LIST
o BUMPERS: 22% OFF LIST

All list and discount pricing are based off current 2019 price sheets from vendors.

No. Labor Rate Per Hour

1. Regular Hours ( Mon – Fri) per worker $ 80.00

2. After Hours (Weekends) per worker $ 0.00
128
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(BB&K 2023) Exhibit D-1 Goods and Services Agreement

129
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: 8
SUBJECT:

APPROVAL OF PRE-AUTHORIZED SUPPLIERS TO PROVIDE SERVICES AND PARTS

FOR SPECIALIZED FLEET AND EQUIPMENT

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Approve pre-authorized suppliers to provide parts and maintenance services for specialized fleet and equipment; and
B
.

Authorize the City Manager or his designee to execute contracts with each vendor for no more than the listed not-to-exceed contract amounts.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The designation of pre-authorized suppliers to provide services and parts for the variety of ﬂeet vehicles does not commit the City to any speciﬁc levels of future expenditures with these suppliers. Expenditures for each supplier, and in total for each ﬁscal year, will not exceed the Public Works Agency's appropriations limits established by the City Council.

BACKGROUND & ANALYSIS:

The Public Works Agency maintains the vehicles and equipment used by various City Departments. To ensure that the vehicles and equipment are safe to operate, maintenance and repairs are necessary on a regular basis; and undue time delays aﬀect the City’s ability to provide services to the community. Due to specialized parts used on these vehicles and equipment, there is a limited number of authorized suppliers that can provide them. In many cases, there is only a single authorized supplier in the Southern California region that is qualiﬁed or authorized to provide the parts or service.

For these reasons, it is not cost-eﬀective for the City to solicit bids or requests for proposals.

Establishing a list of pre-authorized suppliers will facilitate and ensure the following:

Vehicles and equipment are serviced and repaired when needed. 130
Services are performed by qualiﬁed suppliers who are familiar with vehicle and equipment manufacturers.

Maintenance is improved due to the suppliers familiarity with the service and repair history of the City’s vehicles and equipment.

The list of recommended suppliers was developed from the manufacturer’s (Case, Bobcat, Ray Gaskin, Pak-Mor, New Way, John Deere, and Toro) list of authorized service centers, and from the City’s past business experience with certain suppliers.

Ontario Municipal Code Section 2-6.23(b) and 2-6.23 (c) authorize the Purchasing Oﬃcer to make purchases without following the standard purchasing procedures whenever (1) the goods can be obtained from only one source, and or (2) a break down in machinery, equipment or an essential service which requires an immediate purchase of supplies and equipment to protect public health, safety and welfare generates circumstances that a competitive process would be unavailing or would not produce an advantage, and the advertisement for competitive bid would be undesirable, impractical, or impossible.

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.

APPROVED LIST OF AUTHORIZED SUPPLIERS

FOR SERVICES AND MAINTENANCE OF FLEET SERVICES
*Effective NOVEMBER 7, 2023: Not-to-Exceed for the 5-Year Period

Sole Source

Service/Maintenance Performed

Not-to-Exceed*

Glen B. Dorning Kubuta Equipment Parts & Repair $78,000 1744 E. Holt Blvd.

Ontario, CA 91761

Haaker Vactor Equipment Parts & Repair $504,000 2070 N. White Ave.

La Verne, CA 91750

Hard-Line USA, Inc. Low Profile Skid Steer Parts & Repair $250,000 110 West 13775 South Suite 6
Drapper, Salt Lake County,
UT 84020
Inland Bobcat Bobcat Equipment Parts & Repair $194,000 5494 Via Ricardo
Riverside, CA 92509

131

Inland Kenworth Kenworth Equipment Parts & Repair $156,000 9730 Cherry Ave.

Fontana, CA 92335
Interstate Filter Truck Filter Cleaning $78,000 15006 E. Arrow Hwy
Baldwin Park, CA 91706
Ray Gaskin Integrated Waste Bin Delivery and $195,000 14572 Rancho Vista Dr. Rear Loader, Ray Gaskin, Pak-Mor, Fontana, CA 92335 & New Way Parts & Repair.

RDO John Deere Heavy Equipment Parts $667,000 20 Iowa Ave. & Repair
Riverside, CA 92507

Rush Truck Center Peterbilt Equipment Parts & Repair $349,000 14490 Slover Ave.

Fontana, CA 92337

Sonsray Machinery Case Equipment Parts & Repair $140,000 10062 Live Oak Ave.

Fontana, CA 92335
Stotz Equipment John Deere Light Duty Equipment $250,000 4811 Brooke St. Parts & Repair Montclair, CA 91763

Tec Equipment Autocar Equipment Parts & Repair $2,450,000 14400 Randall Ave.

Fontana, CA 92335

Terex Terex Aerial Equipment Parts & $80,000 8594 Cherry Ave. Repair
Fontana, CA 92335

Turf Star Toro Equipment Parts & Repair $250,000 9555 Beacon Sr.

Brea, CA 92821
Utility Crane & Equipment Elliot Aerial Equipment Parts & Repair $55,000 10160 Redwood Ave.

Fontana, CA 92335

132

Valley Power Systems Detroit Engine Parts & Repair $195,000 11300 Inland Ave.

Rialto, CA 92376

Westrux International Equipment Parts & Repair $120,000 14534 Rancho Vista Dr.

Fontana, CA 92335

Non-Sole Source

Service/Maintenance Performed

Not-to-Exceed*
AllStar Fire Equipment Fire Equipment Parts $200,000 12328 Lower Azusa Road
Arcadia, CA 91006
Aaron Chrysler Dodge Jeep Dodge Parts & Repair $255,000 Ram
1983 Hammer Ave.

Norco, CA 92860

Betts Truck Parts & Service Truck Suspension Parts & Repair $125,000 10771 Almond Ave.

Fontana, CA 92337
BMW Motorcycle of Riverside PD BMW Motorcycle Parts & Repair $200,000 7740 Indiana Ave.

Riverside, CA 92504

Brown Motorworks BMW PD BMW Motorcycle Parts & Repair $200,000 885 W. Mission Blvd.

Pomona, CA 91766

Chino Mower Small Landscaping Equipment Parts $65,000 13546 Central Ave. & Repair
Chino, CA 91710

Crown Graphics Equipment Decals $150,000 13766 Redwood St.

Chino, Ca 91710

Crown Toyota Toyota Parts & Repair $120,000 1201 Kettering Dr.

Ontario, CA 91761

Empire Nissan Nissan Parts & Repair $120,000 1377 Kettering Dr.
133
Ontario, CA 91761

Fleetpride Refuse Truck Parts & Supplies $120,000 5751 E. Santa Ana St.

Ontario, CA 91761

Hydraulic Solutions & Refuse Hydraulics Parts & Repair $350,000 Supplies
2071 Del Rio Way
Ontario, CA 91761

Knight Claremont Chrysler Dodge Parts & Repair $255,000 Dodge Jeep Ram
620 Auto Center Dr.

Claremont, CA 91711

Jeep Chrysler Dodge Fiat Dodge Parts & Repair $750,000 of Ontario
1202 Auto Center Dr.

Ontario, CA 91761

Lu’s Lighthouse Heavy Duty Electrical Parts $120,000 10230 Norwalk Blvd.

Santa Fe Springs, CA 90670

Mutual Propane Propane Station Supplier & Repair $25,000 1310 E. Sixth St.

Corona, CA 92879

Penske Honda Ontario Honda Parts & Repair $120,000 1401 Auto Center Dr.

Ontario, CA 91761

Precision Aerial Aerial Equipment Parts & Repair $80,000 2020 W. Lowell St.

Rialto, CA 92377

Wilcox Supply Inc. Tire Repair Equipment & Supplies $80,000 4604 Arrow Hwy.

Montclair, CA 91763

Co-Operative Suppliers

Service/Co-Op Agreement

Not to Exceed*
Border Tire Michellin Tire $450,000 14047 Slover Ave. Omnia # 2019209 Fontana, CA 92337
134

Carquest Automotive Parts $650,000 645 W. Holt Blvd. Omnia # 2017000280 Ontario, CA 91762
Factory Motor Parts Automotive Parts $125,000 203 Pacific St. State of California 7-21-99-41-01 Pomona, CA 91766

Lawson Products Automotive Hardware $195,000 B770 West Bryn Mawr Ave. Omnia # R2111202
Suite 900
Chicago, IL 603631-3515
NAPA Auto Parts Automotive Parts $575,000 2191 Burgundy Place State of California 7-21-99-41-02 Ontario, CA 91761
O’Reilly Auto Parts Automotive Parts $75,000 907 E. Holt Blvd. Sourcewell #032521-ORA Ontario, CA 91761
Parts Authority Automotive Parts $155,000 8798 Flower Rd. State of California 7-21-99-41-03 Rancho Cucamonga, CA
91730

Tire Hub Goodyear Tires $1,700,000 10725 Sierra Ave. # 200 State of California 1-23-26-01C Fontana, CA 92337

135
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Kimberly Ruddins, Rudy
Zeledon, Scott Murphy
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR PHASE 2 OF THE ONTARIO PLAN (TOP) 2050 UPDATE

CITY OF ONTARIO
Agenda Report
November
7, 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
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
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

Any potential long-term ﬁscal impact and projected expenditures to the City will be oﬀset by revenue sources such as development impact fees and property and sales tax revenues generated by future developments. If approved, additional appropriations will be requested at the next quarterly budget update as needed.

BACKGROUND & ANALYSIS:

On May 19, 2020, the City Council granted authorization to the City Manager to execute a Professional Services Agreement with PlaceWorks, Inc., for the preparation of several key components within The Ontario Plan Update (TOP 2050). This includes the General Plan Update, Community Climate Action Plan Update, Supplemental Environmental Impact Report, and Objective Design and Development Standards. The approved budget for this project was $2,946,600, with an additional 12% contingency of $363,400, resulting in a total authorized 136
expenditure of $3,310,000. As part of
Phase 2
of TOP 2050, an amendment to the executed
Professional Service Agreement with PlaceWorks, Inc is proposed in the amount of $1,625,701, for a total authorized expenditure amount of $4,935,701. The additional funds will be used to prepare the Ontario Regional Sports Complex (ORSC) Environmental Impact Report (EIR) for the development of a comprehensive public facilities program offering a diverse range of amenities.

The proposed Project necessitates several future discretionary approvals, including:
1) Environmental Compliance
: In compliance with the California Environmental Quality Act (CEQA) Guidelines, City Staﬀ has conducted an evaluation and concluded that the appropriate environmental analyses for this speciﬁc proposal would involve an Environmental Impact Report (EIR). To facilitate this undertaking, the City intends to retain the services of PlaceWorks, Inc. 2) General Plan Amendment:

As part of the ORSC, approximately 156 acres of land designated for Low Density Residential (LDR) and Medium Density Residential (MDR) will be reclassiﬁed as Open Space-Parkland (OS-R), while an additional 34 acres will be reclassiﬁed from Low Density Residential (LDR) to Hospitality; and
3) Zone Change:

The Armstrong Ranch Speciﬁc Plan will be removed and 156 acres will be rezoned as Open Space-Recreation to support the development of public recreational and aquatics facilities as well as active ﬁelds, while an additional 34 acres will be rezoned to Convention Center Support Commercial to facilitate the construction of a new sports stadium, complementary retail establishments, and lodging facilities.
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Page 1 of 3 ends

BB&K 2020
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

PLACEWORKS, INC

1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of __________________, by and between the City of Ontario (“City”) and Placeworks, Inc., a California Corporation with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 ("Consultant)". City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated May 19, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to provide additional compensation for the Ontario Regional Sports Complex Subsequent Environmental Impact Report (SEIR) Amendment to The Ontario Plan (TOP) 2050. The Parties have previously entered in Amendment No. 1, dated November 29, 2021, Amendment No. 2 dated December 13, 2022, and Amendment No. 3 dated April 24, 2023.

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 22 of the Agreement.

3. Terms.

3.1 Amendment. Section 2.b. Compensation of the Agreement is hereby amended in its entirety to read as follows:
"In no event shall the total amount paid for services rendered by Consultant under this agreement exceed the sum of $4,935,701.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly bulling basis."

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

Page 2 of 3 ends

BB&K 2020
they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND PLACEWORKS, INC
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO PLACEWORKS, INC
CONSULTANT]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
140
Department: Economic Development
Prepared By: Karen Khukoyan
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP

FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO

MILLS LANDSCAPE DESIGN

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Design Services Agreement
for contract No. PM 1819-1 with RJM Design
Group of San Juan Capistrano, California, to provide On-Call Landscape Architectural Services for the Ontario Mills Landscape Design Project in a
total amount of $102,100 and a total not-to-exceed
amount of $527,100.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
"The FY 2023-24 Adopted Budget includes appropriations in the General Fund for On-Call Landscape Architectural Services for the Ontario Mills Project. If additional appropriations are needed, they will be included on the next quarterly budget update. The recommended Amendment in the amount of $102,100 will increase the current total not-to-exceed amount to $527,100."

BACKGROUND & ANALYSIS:

The proposal for the On-Call Landscape Architectural Services from RJM Design Group for a proposed design of the Ontario Mills Landscaping is in the amount not-to- exceed $527,100.

The proposed Ontario Mills landscape design project will create a well-maintained and aesthetically pleasing environment that can signiﬁcantly enhance the overall shopping experience. The mall is an essential part of the City, and it is important to allocate resources that will help beautify the landscaping at the mall, which will not only enhance its economic viability but also enrich the quality of life for the entire community. The project will also create an even better partnership between the City and the Ontario Mills.
141
In an eﬀort to beautify the entries and make the areas more comfortable and inviting to visitors RJM Design Group will prepare conceptual plans for three (3) diﬀerent entries of the shopping complex.
1 .

Fashion District Entry – South side of Ontario Mills, facing Ontario Mills Pkwy 2 .

Rotunda Entry – Northeast side facing Rochester & Ontario Mills Drive 3 .

Market Broiler/AMC Entry – North side facing Franklin Avenue & Fourth Street

The proposal will consist of 2 phases. Phase 1 will concentrate on the conceptual design and phase 2 will focus on construction documents.
142
143
144
145
146
147
148
149
150
151
152
153
Department: Planning
Prepared By: Alexis Vaughn
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Edmelynne V Hutter, Kimberly
Ruddins, Rudy Zeledon
Approved By:

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

THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-004) TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-

ACRE PROJECT SITE LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE

AND WALNUT STREET

CITY OF ONTARIO
Agenda Report
November
7, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt
an Ordinance approving the Euclid Walnut
Planned Unit Development (File No. PUD22-004).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is not a direct ﬁscal impact associated with this action. The proposed Euclid Walnut Planned Unit Development (PUD) establishes development standards and guidelines to facilitate a mixed-use commercial and residential development. Implementation of the 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 October 17, 2023, the City Council introduced and waived further reading of an Ordinance approving the Planned Unit Development. On August 16, 2022, the Ontario City Council certiﬁed The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (SEIR, State Clearinghouse No. 2021070364) in conjunction with File No. PGPA20-002. The SEIR analyzed the Project site and 5.4 acres of land to the north of the Project site, also located within the same mixed-use district, and established guidelines for development. These guidelines include, but are not limited to, general land use (mixed-use residential and commercial), maximum density and development intensity (20-75 dwelling units per acre and 1.0 non-residential ﬂoor area ratio (FAR), respectively), and assumed dwelling units and commercial square footage (369 and 142,840, respectively). An Addendum to the SEIR was submitted in conjunction with the Project and is explained in detail within the Environmental Review section of this report. 154

On May 25, 2022, the Applicant ﬁled a Development Plan application (File No. PDEV22-027) to construct Phase 1 of the Planned Unit Development (PUD), consisting of 346 dwelling units and 5,400 square feet of ground-ﬂoor commercial space on 9.4 acres of the overall 10.6-acre Project site. The request was submitted in conjunction with a Certiﬁcate of Appropriateness application (File No. PHP22-015), to determine whether the Project site was a historic resource, and the subject PUD application (File No. PUD22-004) to establish the development standards and design guidelines for the Project site to facilitate its two phases of development.

PLANNED UNIT DEVELOPMENT
: The MU-NH 8e zoning district and the Euclid Avenue (EA) Overlay district require the preparation and approval of a PUD to establish the development standards and design guidelines for the site. The proposed Euclid Walnut PUD, attached to the City Council Ordinance as Attachment A, identifies the following components:

(a) Chapter 2: Objectives – The Objectives component of the PUD outlines the Project’s consistency with The Ontario Plan, including its Vision, Governance Manual, and Policy Plan (General Plan). The PUD also outlines how the Project will be consistent with the EA Overlay district, which was established to recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource in Ontario, as well as its position on the National Register of Historic Places;

(b) Chapter 3: Land Use Plan – The Land Use Plan chapter brieﬂy describes the Project, including zoning and land use districts, development phasing, demolition activities, and permitted land uses.

The PUD aligns with the Project site’s zoning and TOP 2050 land use districts by allowing for horizontal and vertical mixed-use development and associated facilities. The chapter also outlines various permitted land uses, activities, and facilities for the PUD site, along with the process required to get certain uses approved;

(c) Chapter 4: Development Regulations – The Development Regulations chapter sets forth standards that govern development of the site, including the following topics: intensity; density; building envelope; vehicle access; parking facilities, supply, and design; residential open space and common amenities; service facilities; signs; landscape and hardscape; fences and walls; public right- of-way improvements; and infrastructure. Development standards for the Project site are also provided in a summary table (see Figure 4-1: Summary of Development Standards located on page 32 of the PUD, included herein as Attachment A of the City Council Ordinance for File No. PUD22- 004, attached to this report);

(d) Chapter 5: Design Criteria – New development implemented under the PUD will generate new uses and design aesthetics to fulﬁll the design goals and policies of TOP and will be guided by design criteria to provide articulation, dynamic materials and colors, and avoidance of bulky and monotonous elevations. The proposed development will be subject to and governed by policies and goals regarding building orientation, access and parking facilities, service facilities, pedestrian linkages, architectural character, massing and scale, articulation and fenestration, architectural details, storefronts, materials and colors, roofs and rooftop equipment, non-residential outdoor dining areas, residential outdoor spaces and common recreational amenities, and landscape and hardscape elements; and
155

(e) Chapter 6: Administration – Lastly, the PUD establishes that applications for Development Plans and other entitlement proposals are subject to the Ontario Development Code submittal, review and processing requirements.

COMPLIANCE WITH THE ONTARIO PLAN:

The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050.

HOUSING ELEMENT COMPLIANCE:

The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan 2050, as the project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

AIRPORT LAND USE COMPATIBILITY:

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.

Ontario International Airport
: On April 19, 2011, the Ontario City Council approved and adopted the Ontario International Airport Land use Compatibility Plan (ALUCP), establishing the Airport Inﬂuence Area for Ontario International Airport, which encompasses lands within parts of 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. The proposed Project is located within the Airport Inﬂuence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached ordinance.

ENVIRONMENTAL REVIEW:

The environmental impacts of this Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certiﬁed by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002. 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.

NEIGHBORHOOD MEETING
: A neighborhood meeting regarding File No. PZC22-001, a Policy Plan (General Plan) zoning consistency project that included the Project site, was held on February 22, 2023. Several members of the public attended and requested additional information about the Project, including the Project’s scope of work, conceptual site planning, building design, and traﬃc.

City Staﬀ provided additional information to the community members at the meeting and considered their input during Project review. Further, a community member who provided contact information was added to the public notification list for the Project.

156

PUBLIC COMMENTS
: As of the preparation of this Agenda Report, Planning Department Staﬀ received the following written or verbal communications from the owners or occupants of properties surrounding the Project site or from the public in general:

At the neighborhood meeting described above, a community member requested additional information about the Project’s scope of work, conceptual site planning and building design, and traﬃc. The requested information was provided and the commenter was added to the public notification list.

James L. Camarillo, a representative of Caltrans, reviewed and provided preliminary comments and recommendations about the Project. He requested additional information to be able to provide a more in-depth review. His correspondence was forwarded to the appropriate Staff for review and response.

On August 7, 2023, Mitchell M. Tsai, Attorney at Law, representing the Southwest Mountain States Regional Council of Carpenters, submitted a letter (See Attachment A-1 of the attached Planning Commission Backup File, Mitchell M. Tsai letter) contesting the Project based on the following claims:

1 .

The City should require the use of a local workforce to beneﬁt the community’s economic development and environment.

Staﬀ Response: As discussed in the Addendum, the Project will not result in any new, increased or
substantially diﬀerent air quality, GHG, or VMT
impacts not previously considered and addressed in TOP
2050 S
EIR. Therefore, mitigation beyond what was required in TOP 2050 S EIR to further reduce air quality,
GHG, and VMT impacts is not required for the proposed Project. The comment does not aﬀect the analysis completed or conclusions provided in the Addendum, does not provide new information or evidence related to the analysis completed in the Addendum, and does not reﬂect on the adequacy or content of the Addendum. No changes to the Addendum are required. 2 .

The Project would be approved in violation of CEQA.

Staﬀ Response: The commenter claims a Project-speciﬁc EIR should be prepared and that new mitigation measures, speciﬁcally related to EV-capable parking spaces, are required and were not considered in the prior environmental analysis of the Project site. The comment does not appear to recognize the City’s recent adoption of TOP 2050 and certiﬁcation of TOP 2050 SEIR on August 16, 2022. As recognized in the Addendum, t
he Project
will be required to comply with the CALGreen Building Code (CBC) commercial and residential requirements in eﬀect at the time of development. Further, the Project will be required to implement Mitigation Measure AQ 3-3 from TOP 2050 SEIR, which provides a list of potential mitigation measures which may be included as conditions of approval should operational air quality impacts exceed South Coast AQMD-adopted thresholds of signiﬁcance. Such measures include, but are not limited to:

Provide bicycle parking facilities per Section A4.106.9 of CALGreen (Residential Voluntary Measures); Provide preferential parking spaces for low-emitting, fuel-eﬃcient, and carpool/van vehicles per Section A5.106.5.1 of CALGreen (Nonresidential Voluntary Measures); Provide facilities to support electric charging stations per Section A5.106.5.3 and Section A5.106.8.2 of CALGreen (Nonresidential Voluntary Measures; Residential Voluntary Measures).
157
3 .

CEQA requires the City to prepare a tiered EIR for the Project instead of an Addendum.

Staﬀ Response: The City has properly prepared an Addendum to TOP 2050 SEIR for the Project and a tiered EIR, as claimed by the commenter, is not required. The City has discretion to determine whether a subsequent or supplemental EIR is necessary under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162, so long as its decision is supported by substantial evidence. Similarly, whether an activity is within the scope of a program EIR "is a factual question that the lead agency determines based on substantial evidence in the record." (State CEQA Guidelines, §15168(c)(2)). The City has prepared an Addendum to the TOP 2050 SEIR for the Project, ﬁnding that all impacts of the Project have been adequately addressed in TOP 2050 SEIR. The CEQA Guidelines provide that an agency may prepare an addendum to a prior EIR to document its decision that a subsequent EIR is not required. (State CEQA Guidelines, §15164(b), (e)). As such, the Addendum is appropriate in this case and no further environmental review is required.

The City has also followed all procedural requirements, including public disclosure requirements, in its preparation of the Addendum. While CEQA requires notice to the public and an opportunity to comment in connection with adoption of a negative declaration or preparation of an EIR, an addendum is not required to be circulated for public review (State CEQA Guidelines, § 15164(c)). The Addendum, and all supporting technical studies, has been provided to the Planning Commission and the public prior to any decision by the City, in compliance with CEQA. The City has also complied with the requirements of the Public Records Act. The Project, along with the Development Advisory Board Staﬀ Report and Addendum, was posted on the City’s website 72 hours prior to the meeting, consistent with the California Brown Act.

Regarding the Planning Commission hearing, the Project has been advertised in the newspaper, notices have been sent to all property owners within 300 feet of the project and the Staﬀ Report and Addendum was posted 72 hours prior to the hearing. Accordingly, a tiered EIR is not required for the Project. 4 .

The City cannot issue an Addendum because the Project was not addressed with the TOP 2050 Update SEIR and therefore an EIR must be prepared for the Project.

Staﬀ Response: As discussed in the Addendum, the Project was addressed in TOP 2050 SEIR, and the commenter did not provide any evidence of Project impacts that are outside of the scope of TOP 2050 SEIR.

TOP 2050
shows a total of ﬁve locations within the City with the MU-NH land use designation. The Future Buildout Projections Table of the Land Use Element provides further details for each of these ﬁve MU-NH sub-areas. The three parcels subject to this PUD Project make up 10.6 acres (“PUD site”) of the
overall 16 acres that comprise the “MU-NH” sub-area. The remaining 5.4 acres of the MU-NH area include approximately 28,000 square feet of existing businesses (gas station, pre-school, and 2 small businesses) and 15 single family homes between the PUD site and the SR-60 Freeway to the north.

TOP 2050 SEIR
evaluated the development of a maximum of 369 residential units and approximately 142,840 square feet of non-residential development on the Overlay Planning Area (including the P UD site).

The Project proposes 369 units and approximately 12,000 square feet of non-residential development in Phases 1 and 2, leaving 130,840 square feet of non-residential development to be built in the remainder of the MU-NH area adjacent to the SR-60 Freeway. Development of the proposed Project would slightly
exceed the total number of residential units for this area under TOP 2050 (369 proposed units
+15
existing units = 384 total units vs. 369 TOP 2050
projected total units, or a 5 percent increase
). However,
development of the Project
would substantially reduce the amount of anticipated non-residential growth 158
in this sub-area (12,000 SF in the Project area
plus 28,000 SF existing = 40,000 SF vs. 142,840 SF, or a 72 percent decrease
). The
Addendum analyzed the
impacts of the new residential and commercial uses
currently proposed under the Project, but included this analysis demonstrating that the anticipated
impacts of growth in this MU-NH sub-area with the Project are considered to be equivalent or less than
those identiﬁed in TOP 2050 S
EIR for this sub-area. Accordingly, the Project is within the scope of TOP 2050 and the preparation of an Addendum is appropriate.

TOP 2050 SEIR did identify several signiﬁcant and unavoidable impacts. However, as TOP 2050 SEIR contemplated the Project, the City properly applied the subsequent review provisions in Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164. The Project will not result in any new signiﬁcant environmental eﬀects or a substantial increase in the severity of impacts identiﬁed in TOP 2050 SEIR, nor are there any changes in circumstances under which the Project is undertaken that would result in new signiﬁcant environmental eﬀects or a substantial increase in the severity of previously identiﬁed signiﬁcant eﬀects. There is also no new information that exists that shows the project will have
one or more signiﬁcant eﬀects not discussed in TOP 2050 S EIR; significant
eﬀects previously examined will
be substantially more severe than shown in the previous S EIR; or mitigation
measures or alternatives
previously found not to be feasible would in fact be feasible and would substantially reduce one or more signiﬁcant eﬀects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or mitigation
measures or alternatives which are considerably diﬀerent from those analyzed in the previous S
EIR would substantially reduce one or more signiﬁcant eﬀects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As such, an Addendum is appropriate.

On August 16, 2023, Dale J. Goldsmith, on behalf of the applicant Legacy/Collier Residential LLC, submitted a letter in response to the comment letter submitted by Mitchell Tsai (see Attachment A2 of the attached Planning Commission Backup File: Applicant Response Letter).

The letter discussed the project and contested the claims made by Mr. Tsai.

On August 22, 2023, Mitchell M. Tsai, Attorney at Law, representing the Southwest Mountain States Regional Council of Carpenters, submitted a second letter (See Attachment A-3 of the attached Planning Commission Backup File, Mitchell M. Tsai Letter 2) contesting the Project based on the following claims:

1 .

The City should require the use of a local workforce to beneﬁt the community’s economic development and environment.

Staﬀ Response: The commenter reiterates comments made in its August 7, 2023,
letter. As provided in
Staff’s response above and discussed in the Addendum, the Project will not result in any new, increased or
substantially diﬀerent air quality, GHG, or VMT
impacts not previously considered and addressed in TOP
2050 S
EIR. Therefore, mitigation beyond what was required in the TOP 2050 S EIR to further reduce air
quality, GHG, and VMT impacts is not required for the proposed Project. The comment does not aﬀect the analysis completed or conclusions provided in the Addendum, does not provide new information or evidence related to the analysis completed in the Addendum, and does not reﬂect on the adequacy or content of the Addendum. No changes to the Addendum are required. 2 .

The Project would be approved in violation of CEQA.
159
Staﬀ Response: After initially citing State CEQA Guidelines section 15088.5 which does not apply to the Project
,
the commenter now claims that the TOP 2050 SEIR and the Addendum fail to adequately address environmental impacts or provide adequate mitigation measures relating to the sensitive receptors close to the Project site. As acknowledged in the Addendum, the Project will require implementation of TOP 2050 SEIR Mitigation Measures AQ 3-1 through AQ 3-3, and therefore would not result in any new impacts beyond those identiﬁed in TOP 2050 SEIR. (Addendum, p. 30.) In compliance with TOP 2050 SEIR Mitigation Measure AQ 3-1, MIG, Inc. prepared a memorandum which concludes the construction and
operational emissions from proposed Project would not exceed any applicable SCAQMD-recommended CEQA thresholds of signiﬁcance and is consistent with TOP 2050 with mitigation incorporated. As
evidenced in the MIG memorandum, the
Project
would not result in a new or substantially greater
signiﬁcant air quality impact than identiﬁed in the TOP 2050 S EIR. As such, none of the factors listed in
State CEQA Guidelines section 15162 are satisfied and an Addendum is appropriate.

Additionally, the commenter claims there may be impacts on sensitive receptors related to the demolition of the structures on site and that there may be a signiﬁcant impact related to cumulative GHG emissions from vehicle exhaust as well as other sources.

The Addendum notes the TOP 2050 SEIR determined that implementation of the policies in the Safety Element, in addition to existing regulations, would ensure less than signiﬁcant impacts from transport, use, and/or disposal of hazardous materials. It further concluded TOP 2050 would have less than signiﬁcant direct, indirect, and cumulative impacts relating to transport, use, and disposal of hazardous materials, release of hazardous materials, and emission and handling of hazardous materials, substances, or waste. (Addendum, p. 40.) TOP 2050 SEIR analysis, cited in the Addendum, states “demolition activities that have the potential to expose construction workers and/or the public to asbestos-containing materials or lead-based paint will be conducted in accordance with applicable regulations, including, but not limited to: South Coast Air Quality Management District’s Rule 1403; California Health and Safety Code (Section 39650 et seq.); California Code of Regulations (Title 8, Section 1529); California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]); and Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]”; concluding impacts related to disposal of hazardous materials would be less than signiﬁcant. (TOP SEIR, p. 5.9-37.) Demolition of structures, such as those contemplated by the Project, were considered and analyzed in TOP 2050 SEIR and no subsequent or supplemental EIR is warranted.

As to GHG emissions, the commenter has provided no evidence to support its claim that any substantial impacts related to GHG emissions or global climate change would occur as a result of Project implementation. The Addendum found developing the site with mixed residential and commercial uses will not create signiﬁcantly greater impacts than were identiﬁed in TOP 2050 SEIR (Addendum, p. 39.).

MIG, Inc. prepared a memorandum evidencing the Project’s consistency with the City’s CCAP and the analysis in TOP 2050 SEIR. The Project would result in the net
reduction
of approximately 4,405 MTCO2e
per year and is consistent with the CCAP. T
herefore, the Project
would not result in a new or substantially
more adverse GHG impact than identiﬁed in the TOP 2050 S EIR or CCAP and no subsequent or
supplemental EIR is required.

The commenter restates its prior claim that a Project-speciﬁc EIR should be prepared and that new mitigation measures, speciﬁcally related to EV-capable parking spaces, are required and were not 160
considered in the prior environmental analysis of the Project site. The comment does not recognize the City’s recent adoption of TOP 2050 and certiﬁcation of TOP 2050 SEIR on August 16, 2022. As recognized in the Addendum, t
he Project
will be required to comply with the CALGreen Building Code (CBC) commercial and residential requirements in eﬀect at the time of development. Further, the Project will be required to implement Mitigation Measure AQ 3-3 from TOP 2050 SEIR, which provides a list of potential mitigation measures that may be included as conditions of approval should operational air quality impacts exceed South Coast AQMD-adopted thresholds of signiﬁcance. Such measures include, but are not limited to:

Finally, the commenter claims the Project description is inadequate. The Project description contains a clear statement of objectives, list of characteristics and list of approvals sought. (Addendum, pp. 1-9.) 3 .

CEQA requires the City to prepare a tiered EIR for the Project instead of an Addendum.

Staﬀ Response: The City has properly prepared an Addendum to TOP 2050 SEIR for the Project and a tiered EIR, as claimed by the commenter, is not required. The City has discretion to determine whether a subsequent or supplemental EIR is necessary under Public Resources Code Section 21166 and State CEQA Guidelines Section 15162, so long as its decision is supported by substantial evidence. Similarly, whether an activity is within the scope of a program EIR "is a factual question that the lead agency determines based on substantial evidence in the record." (State CEQA Guidelines, §15168(c)(2)). The City has prepared an Addendum to TOP 2050 SEIR for the Project, ﬁnding that all impacts of the Project have been adequately addressed in TOP 2050 SEIR. The CEQA Guidelines provide that an agency may prepare an addendum to a prior EIR to document its decision that a subsequent EIR is not required. (State CEQA Guidelines, §15164(b), (e)). As such, the Addendum is appropriate in this case and no further environmental review is required.

The City has also followed all procedural requirements, including public disclosure requirements, in its preparation of the Addendum. While CEQA requires notice to the public and an opportunity to comment in connection with adoption of a negative declaration or preparation of an EIR, an addendum is not required to be circulated for public review (State CEQA Guidelines, § 15164(c)). The Addendum, and all supporting technical studies has been provided to the Planning Commission and the public prior to any decision by the City, in compliance with CEQA. The City has also complied with the requirements of the Public Records Act. The Project, along with the Development Advisory Board Staﬀ Report and Addendum, was posted on the City’s website 72 hours prior to the meeting, consistent with the California Public Records Act. Regarding the Planning Commission hearing, the Project has been advertised in the newspaper, notices have been sent to all property owners within 300 feet of the project and the Staﬀ Report and Addendum were posted 72 hours prior to the hearing. Accordingly, a tiered EIR is not required for the Project.
4 .

The City cannot issue an Addendum because the Project was not addressed with TOP 2050 SEIR and therefore an EIR must be prepared for the Project.

Staﬀ Response: As discussed in the Addendum, the Project was addressed in TOP 2050 SEIR, and the 161
commenter did not provide any evidence of Project impacts that are outside of the scope of TOP 2050 SEIR.

The TOP 2050 shows a total of ﬁve locations within the City with the MU-NH land use designation.

The Future Buildout Projections Table of the Land Use Element provides details for each of these ﬁve MU- NH sub-areas. The three parcels subject to this PUD Project make up 10.6 acres (“PUD site”) of the overall
16 acres that comprise the “MU-NH” sub-area. The remaining 5.4 acres of the MU-NH area include approximately 28,000 square feet of existing businesses (gas station, pre-school, and two small
businesses) and 15 single family homes between the PUD site and the SR-60 Freeway to the north.

The Project proposes 369 units and approximately 12,000 square feet of non-residential development in Phases 1 and 2, leaving 130,840 square feet of non-residential development to be built in the remainder of the MU-NH area adjacent to the SR-60 Freeway. Development of the proposed Project would slightly
exceed the total number of residential units for this area under TOP 2050 (369 proposed units
+15
existing units = 384 total units vs. 369 TOP 2050
projected total units, or a 5 percent increase
). However,
development of the Project
would substantially reduce the amount of anticipated non-residential growth in this sub-area (12,000 SF in the Project area
plus 28,000 existing = 40,000 SF vs. 142,840 SF, or a 72 percent decrease
). The
Addendum analyzed the
impacts of the new residential and commercial uses
currently proposed under the Project, but included this analysis demonstrating that the anticipated
impacts of growth in this MU-NH sub-area with the Project are considered to be equivalent or less than
those identiﬁed in TOP 2050 S
EIR for this sub-area. Accordingly, the Project is within the scope of TOP 2050 and the preparation of an Addendum is appropriate.

TOP 2050 SEIR did identify several signiﬁcant and unavoidable impacts. However, the commenter misstates the signiﬁcant and unavoidable impacts included in TOP 2050 SEIR. TOP 2050 SEIR found signiﬁcant and unavoidable impacts related to air quality, cultural resources (historic resources), noise and transportation (VMT) (TOP 2050 SEIR pp. 2-5 – 2-5.) The Addendum analyzes impacts at the Project
level and for each of these areas concludes Project speciﬁc mitigation was not required. Notably, Project- speciﬁc analyses, prepared by MIG, Inc., an expert consulting ﬁrm, found the Project’s air quality and GHG impacts to be less than signiﬁcant with the mitigation imposed in TOP 2050 EIR (air quality) and, in the case of GHG emissions, Project emissions would actually be less
than existing levels. In both
instances, Project impacts were consistent (or less) than those analyzed for the site in TOP 2050 EIR. They are therefore properly addressed in the Addendum.

A
s TOP 2050 SEIR contemplated the Project, the City properly applied the subsequent review provisions in Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15164.

The Project
will not result in any new signiﬁcant environmental eﬀects or a substantial increase in the severity of impacts identiﬁed in TOP 2050 SEIR, nor are there any changes in circumstances under which the Project is undertaken that would result in new signiﬁcant environmental eﬀects or a substantial increase in the severity of previously identiﬁed signiﬁcant eﬀects. There is also no new information that exists that shows the project will have one or more signiﬁcant eﬀects not discussed in TOP 2050 SEIR; signiﬁcant eﬀects previously examined will be substantially more severe than shown in the previous S EIR; or mitigation
measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more signiﬁcant eﬀects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or mitigation measures or alternatives which are considerably diﬀerent from those analyzed in the previous S EIR would substantially reduce one or more
162
signiﬁcant eﬀects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As such, an Addendum is appropriate.

On September 14, 2023, Dale J. Goldsmith, on behalf of the applicant Legacy/Collier Residential LLC, submitted a letter in response to the second comment letter submitted by Mitchell Tsai (see Attachment A4 of the attached Planning Commission Backup File: Applicant Response Letter 2). The letter discussed
the project and contested the claims made by Mr. Tsai.

PLANNING COMMISSION REVIEW:

On September 26, 2023, the Planning Commission conducted a public hearing and voted 4-0 to recommend that the City Council consider and approve File No.

PUD22-004, pursuant to the facts and reasons contained in the staﬀ report and attached ordinance, and subject to the conditions of approval.

163
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-004, THE EUCLID WALNUT

PLANNED UNIT DEVELOPMENT, ESTABLISHING DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT

SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF

EUCLID AVENUE AND WALNUT STREET, AND MAKING FINDINGS IN SUPPORT THEREOF— APNS: 1051-271-67, 1051-271-06, AND 1051- 271-66.

WHEREAS, LEGACY/COLLIER RESIDENTIAL LLC (hereinafter referred to as "Applicant") has filed an Application for the approval of the Euclid Walnut Planned Unit Development (“PUD”), File No. PUD22-004, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 10.6 acres of land generally located at the northwest corner of Euclid Avenue and Walnut Street, within the Mixed Use – Neighborhood Hub 8e – Euclid and Walnut (MU-NH 8e) zoning district, as well as the Euclid Avenue (EA) Overlay district, and is presently improved with commercial development; and
WHEREAS, the properties to the north of the Project site are within the Medium- Density Residential (MDR-18) and the MU-NH 8e zoning districts, and the EA Overlay district, and are developed with multi-family residential units, single-family dwellings, and commercial land uses. The properties to the east are within the Neighborhood Commercial (CN) zoning and EA Overlay districts, and are developed with commercial land uses. The properties to the south are within the Low-Density Residential (LDR-5) zoning district and the EA Overlay district, and are developed with single-family dwellings.

The properties to the west are within the MDR-18 zoning district, and are developed with multi-family residential units; and
WHEREAS, the Project was submitted in conjunction with a Development Plan (File No. PDEV22-027) to construct the first phase of development, and a Certificate of Appropriateness (File No. PHP22-015) to determine whether the Project site is an historic resource and facilitate said development; and
WHEREAS, the PUD establishes the development standards and design guidelines for the Project site to facilitate its two phases of development. Phase 1 is comprised of 9.4 acres of the PUD site (everything except for the existing Carl’s Jr. drive- thru restaurant site) and will require the demolition of a combined 100,950 square feet of commercial/retail buildings and related site improvements. Phase 1 will be redeveloped with two four-story and six three-story buildings, providing a combined total of 346 dwelling units, 5,400 square feet of ground floor commercial space, associated on-site parking for both land uses, recreational amenities for the residential land use and landscaping. Phase 2 will finish implementation of the total build-out of the area within the PUD project by demolishing the Carl’s Jr. restaurant building and related site 164
improvements and replacing them with additional vertical mixed-use development.

Completion of the second phase would provide up to an additional 23 dwelling units, 6,600 square feet of ground-floor commercial space and the associated site improvements.

Overall, the PUD will facilitate development of a maximum of 369 dwelling units and up to 12,000 square feet of commercial land uses; and
WHEREAS, the PUD outlines the Project’s (a) objectives, including its consistency with The Ontario Plan 2050 and the EA Overlay district; (b) land use plan, including zoning, phasing and build-out, and permitted land uses; (c) development regulations, including intensity and density, building envelope, vehicle access and parking facilities, parking supply and design, residential open space and common amenities, service facilities, signs, landscape and hardscape, fences and walls, public right-of-way improvements, infrastructure, and overall development standards; (d) design criteria, including those for building orientation, access and parking facilities, service facilities, pedestrian linkages, architectural character, massing and scale, articulation and fenestration, architectural details, storefronts, materials and colors, roofs and rooftop equipment, non-residential outdoor dining areas, residential outdoor space and common recreation amenities, and landscape/hardscape elements; and (e) administration, including items not addressed in the PUD, requirements for Development Plans and other applications, and administrative exceptions; and
WHEREAS, Project approval is contingent on Planning Commission approval of the related Certificate of Appropriateness and Development Plan applications, and City Council approval of the Euclid Walnut PUD. Issuance of the Project’s Building Permits is contingent upon approval of the related Lot Line Adjustment/Lot Merger application, pursuant to Engineering Department requirements and requests; and WHEREAS, The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) was certified on August 16, 2022, (hereinafter referred to as "Certified SEIR"), in which development and use of the Project site was discussed; and
WHEREAS, the Planning Director of the City of Ontario prepared and approved for attachment to the Certified SEIR, an Addendum to the Certified SEIR (hereinafter referred to as "SEIR Addendum") in accordance with the requirements of the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively referred to as "CEQA"); and WHEREAS, the environmental impacts of this project were thoroughly analyzed in the SEIR Addendum, which concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified SEIR, and that the Certified SEIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
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WHEREAS, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an SEIR Addendum has been prepared to determine possible environmental impacts; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the authority to review and act 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 2050, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, 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, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on August 22, 2023, the Planning Commission of the City of Ontario voted to continue the item to the September 26, 2023, hearing date; and WHEREAS, as the first action on the Project, on September 26, 2023, the Planning Commission voted to issue Resolution No. PC23-074 recommending the City Council adopt the SEIR Addendum, finding that the proposed Project introduces no new significant environmental impacts and applying all previously adopted mitigation measures to the Project, which were incorporated by reference; and WHEREAS, on September 26, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, voting to issue Resolution No.

PC23- 075 recommending the City Council approve the Application and concluded said hearing on that date; and
WHEREAS, on October 17, 2023, the City Council of the City of Ontario conducted a hearing to consider the Addendum and the Project, and concluded said hearing on that date; and
WHEREAS, as the first action on the Project, on October 17, 2023, the City Council approved a resolution adopting an Addendum to a previous Certified SEIR prepared 166
pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of significance; 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 previous Certified SEIR and supporting documentation.

Based upon the facts and information contained in the previous Certified SEIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of the Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002.
(2) The Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(3) The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and (4) The Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and
(5) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and (6) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the Certified SEIR, and all mitigation measures previously adopted by the Certified SEIR, are incorporated herein by this reference.

SECTION 2. Additional Environmental Review Not Required.Based on the Addendum, all related 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 SEIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified SEIR that will require major revisions to the Certified SEIR due to the involvement of new significant 167
environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified SEIR was prepared, that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified SEIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified SEIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified SEIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified SEIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3. Airport Land Use Compatibility Plan ("ALUCP") Compliance.

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 City Council, 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
168
SECTION 4. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based upon 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 2050, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B- 2 of the Housing Element Technical Report.

SECTION 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 proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.The Project is consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan in that the mixed-use standards and guidelines specified in the PUD align with The Ontario Plan. Section 2.1 of the Euclid Walnut Planned Unit Development (“PUD”), titled “Consistency with The Ontario Plan”, describes how the PUD complies with the Policy Plan goals, policies, and plans.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The City Council has required certain safeguards 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. While the PUD Project area is situated on the Euclid Avenue (EA) Overlay district, it is located 0.4-mile south of the locally- and nationally-recognized landmark and historic cultural landscape corridor, and 3 miles south of the City’s Downtown Historic District; therefore, the Project is outside of and does not contain any historic resources. The adjacent neighborhood consists of existing single- and multiple-family dwellings and commercial development, which also do not qualify as historic resources. The PUD has ensured that on-site development is sensitive to and complementary of the surrounding development, and the surrounding development is compatible with the proposed residential and commercial mixed-use development. Therefore, the Project does not affect the harmonious relationship with adjacent properties and land uses.
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(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 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 and shape, intensity of development, building height and setbacks, site access, site landscaping and drainage, fences and walls, vehicle and pedestrian circulation, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking, building orientation and streetscapes, architectural character, building materials and character, 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 PUD and 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 PUD will establish minimum building setbacks, parking and open space requirements, private storage provisions, a planting palette, allowable land uses preferable to support the proposed development and the surrounding community, and more. These standards will facilitate the development of up to 369 dwelling units and 12,000 square feet of commercial space and accompanying improvements. The proposed PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself, by means of facilitating the development of high-density apartments, restaurants, retail shops, and other commercial services that will serve to achieve the City’s goals of economic revitalization and aesthetic enhancements along an underutilized portion of the Euclid Avenue corridor. Lastly, the PUD will further serve to implement the vision of the EA Overlay district, the Mixed Use – Neighborhood Hub 8e – Euclid and Walnut (MU-NH 8e) zoning district, and the Mixed Use - Neighborhood Activity Hub: 20.0 to 75.0 du/ac; 1.0 FAR office/retail (MU-NH) land use district of the Policy Plan by allowing for this vibrant and well-designed mixed-use development.

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 Euclid Walnut Planned Unit Development, attached hereto as "Attachment A,", and subject to the Project conditions of approval, attached hereto as “Attachment B,”, and incorporated herein by this reference.

SECTION 7. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 8. 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. 170
SECTION 9. 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 10. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 11. 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 7th day of November 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held November 7, 2023, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. duly passed and adopted by the Ontario City Council at their regular meeting held November 7, 2023, and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PUD22-004;
Euclid Walnut Planned Unit Development
(Document follows this page)
173
Euclid
Walnut
Planned Unit Development
A Project by Legacy Partners
City of Ontario
PUD 22-004
174
175
Euclid/Walnut
Planned Unit Development
City of Ontario
PUD 22-004
City Council Approval Date - TBD
City Council Ordinance No. TBD
303 E. B Street
Ontario, CA 91764
(909) 395-2000
ontarioca.gov
Applicant:

Legacy Partners
5141 California Avenue
Suite 100
Irvine, CA 92617
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4 | Euclid/Walnut Planned Unit Development
Table of Contents
Chapter 1: Introduction. 7
Chapter 2: Objectives 11

2.1 Consistency with The Ontario Plan 11

2.2 Euclid Avenue (EA) Overlay District
and Historic Resources 18

2.3 Euclid/Walnut PUD Objectives 19
Chapter 3: Land Use Plan 21

3.1 Land Use and Zoning 21

3.2 Phasing and Build-Out 22

3.3 Permitted Uses 24
Chapter 4: Development
Regulations 27

4.1 Intensity 28

4.2 Density 28

4.3 Building Envelope 28

4.4 Vehicle Access 28

4.5 Parking Facilities, Supply and
Design 29

4.6 Residential Open Space and
Common Amenities 29

4.7 Service Facilities 30

4.8 Signs 30

4.9 Landscape/Hardscape 30

4.10 Fences and Walls 31

4.11 Public Right-of-Way Improvements 31

4.12 Infrastructure 31

4.13 Summary of Development
Standards 32
Chapter 5: Design Criteria 35

5.1 Building Orientation 36

5.2 Access and Parking Facilities 36

5.3 Service Facilities 36

5.4 Pedestrian Linkages 37

5.5 Architectural Character 37

5.6 Massing & Scale 37

5.7 Articulation & Fenestration 37

5.8 Architectural Details 37

5.9 Storefronts 41

5.10 Material & Colors 41

5.11 Roofs/Rooftop Equipment 41

5.12 Non-Residential Outdoor Dining
Areas 41

5.13 Residential Outdoor Space,
Common Recreational
Amenities 41

5.14 Landscape/Hardscape Elements 42
Chapter 6: Administration 47

6.1 Items Not Addressed in PUD 47

6.2 Development Plan and Other
Applications 48

6.3 Administrative Exceptions 48
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Euclid/Walnut Planned Unit Development | 5
Exhibit 1-1:

Exhibit 3-1:

Exhibit 3-2:

Exhibit 5-1:

Exhibit 5-2:

Exhibit 5-3:

Exhibit 5-4:

Exhibit 5-5:

Exhibit 5-6:

Exhibits
Table 3-1:

Table 4-1:

Table 5-1:

Tables
PUD Location Map 8
Land Use/Zoning Map 22
Phase 1 Conceptual Site Plan 23
Architectural Character — Vertical Mixed-Use 38
Architectural Character — Three-Story Residential 39
Architectural Character — Four-Story Residential 40
Typical Common Recreational Amenity 41
Typical Courtyard 41
Fence/Wall Concepts 44
Permitted Uses 24
Summary of Development Standards 32
Master Plant Palette 42
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6 | Euclid/Walnut Planned Unit Development
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Euclid/Walnut Planned Unit Development | 7
Introduction
Introduction
The Euclid/Walnut Planned Unit Development
(PUD) functions as a set of planning and design
principles, development regulations, and
performance standards to guide and govern the
redevelopment of a commercial shopping center
into a mixed-use development. The project
site comprises three parcels located on the
northwest corner of Euclid Avenue and Walnut
Street, as shown on Exhibit 1-1: PUD Location
Map. This PUD will facilitate development of
high-density apartments, restaurants, retail
shops, and other commercial services that
will achieve the City’s goals to economically
revitalize and aesthetically enhance an
underutilized parcel on the Euclid Avenue
corridor .
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8 | Euclid/Walnut Planned Unit Development
This document is organized to fulfill the requirements for a PUD, as set forth in the Ontario Development Code (ODC). The Euclid/Walnut PUD replaces the existing zoning district designation and ODC regulations applicable to the affected properties. The properties also lie within the “EA – Euclid Avenue Overlay” district. Any applicable requirements of the overlay district shall remain in full force and effect. Unless otherwise defined or stated herein, definitions and interpretations contained in the ODC shall apply. City staff and private developers will rely on this PUD to determine whether precise plans for development (“Development Plans”) adequately meet the City’s land use and design objectives of The Ontario Plan (TOP) 2050.

Exhibit 1-1: PUD Location Map
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10 | Euclid/Walnut Planned Unit Development
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Euclid/Walnut Planned Unit Development | 11
Objectives
Objectives

2.1 Consistency with The Ontario Plan
The Ontario Plan (TOP), the City’s
comprehensive plan, has undergone a significant
update to shape the Ontario community
through 2050. TOP 2050 has three policy level
components: the Vision, a Governance Manual,
and the Policy Plan (General Plan).
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12 | Euclid/Walnut Planned Unit Development
The Ontario Vision – adopted by the City
Council envisioning “A sustained, community-
wide prosperity which continuously adds value
and yields benefits.” Value is comprehensive
in this regard and is expressed in land,
revenues, infrastructure, businesses, education,
employment, health, community services,
recreation, etc. In particular , Ontario is
committed to being “A Premier Community by
Design.” One of the foundations to accomplish
this is described in the Vision as ensuring
that development is “distinctive.” The Euclid/
Walnut PUD helps the City realize specific
“Points of Vision” as outlined for “Distinctive
Development” as follows:
• A system of vibrant retail, town, and
neighborhood centers responsive to market
demands and woven into the fabric of the
community.
• A demonstrated ability to attract housing in
pursuit of our acknowledged responsibility to
balance housing with the job growth that drives
our quality of life.
• Superior quality and design of the built
environment and open spaces through careful
attention to detail at every scale, including
public and private spaces and structures.

The Governance Manual – institutionalizes
Ontario’s approach to governance and provides
a business plan for the City. Ontario believes the
City has the obligation to create, maintain, and
grow economic value. The Manual guides the
City’s leadership and ensures that TOP 2050 is
integrated into daily operations and provides for
effective administration. The Euclid/Walnut PUD
is established in conformance with the City’s
requirements and includes an administrative
section consistent with provisions contained
in the ODC for consideration of “Development
Plans.”
The Policy Plan (General Plan) – includes
the Land Use Element, which designates
the subject parcels within the Euclid/Walnut
PUD as “MU - Mixed Use.” Generally, these
properties are developed with a mix of uses
that, when concentrated, create focal points
for community activity and facilitate walking,
biking, and transit use The MU – Mixed Use land
use category accommodates a horizontal and/or
vertical mix of retail, service, office, restaurant,
entertainment, cultural, and residential uses.

The densities and intensities of the MU – Mixed
Use designation represent the intended level of
anticipated development; however , individual
projects may vary depending upon an approved
master plan, such as a specific plan or planned
unit development.

Within the Land Use Element, the MU – Mixed
Use designation is broken down into unique
sub-categories to further refine the type of
mixed-use development desired by the City.

The parcels comprising the Euclid/Walnut PUD
are part of a sub-area categorized as MU-NH
– Mixed Use Neighborhood Activity Hub. This
specific designation envisions low-rise (three to
five stories) buildings, with a mix of retail and
residential uses that will create identity and
place, and serve surrounding residents. This
category allows for residential densities ranging
from 20 to 75 dwelling units per acre and non-
residential intensity of 1.00 floor area ratio
(FAR). Five locations within the City have the
MU-NH land use designation. The Future Build-
out Projections Table of the Land Use Element
provides details for each of these five MU-NH
sub-areas. The build-out of the 16-acre “MU-NH
(Euclid & Walnut)” sub-area is projected to be
369 dwelling units and 142,840 square feet of
non-residential development.

This PUD regulates the redevelopment of

10.6 acres of this sub-area to create a mixed-
use project providing a total of 369 dwelling
units and 12,000 non-residential square feet.

The other 5.4 acres of the sub-area is located
north of the PUD boundary and currently
developed with 15 single family dwelling units,
and approximately 28,000 square feet of non-
residential development. There is a nominal
increase to the total build-out projection for
the number of residential dwelling units within
this sub-area resulting from the combination
of existing to remain and construction of new
within the boundaries of this PUD. However ,
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Euclid/Walnut Planned Unit Development | 13
Objectives
In addition to the requirements of the Land Use
Element, all mixed-use development is subject
to specific “Place Types” as defined in the
Community Design Element, which represent
the intended outcome and character for each
area. The Euclid/Walnut PUD falls within Place
Type 8 (a-e). Properties with this Place Type
are considered “Neighborhood Center – Infill”
development where commercial and residential
parcels were largely developed in an incremental
manner prior to 2020. The Community Design
Element acknowledges that many properties
in this Place Type range in size, complexity,
and relationships with surrounding streets
and neighborhoods, and that redevelopment
could result in horizontal or vertical mixed use.

However , all of these centers are envisioned
to incorporate site design that prioritizes safe,
attractive, and well-shaded pedestrian access on
site, from the public rights-of-way, and from the
adjacent neighborhoods.

Implementation of the Euclid/Walnut PUD will
achieve many City goals and policies outlined in
The Policy Plan (General Plan). Those specific
goals and polices are as follows.

Land Use Element
Goal LU-1 Balance
A community that has a spectrum of housing
types and price ranges that match the jobs in the
City and that make it possible for people to live
and work in Ontario and maintain a quality of
life.
• LU-1.1 Strategic Growth. We concentrate growth
in strategic locations that help create place
and identity, maximize available and planned
infrastructure, foster the development of
transit, and support the expansion of the
active and multimodal transportation networks
throughout the City.
• LU-1.5 Jobs-Housing Balance. We coordinate
land use, infrastructure, and transportation
planning and analysis with regional, county, and
other local agencies to further regional and
subregional goals for jobs-housing balance.
• LU-1.6 Complete Community. We incorporate
a variety of land uses and building types in
our land use planning efforts that result in a
complete community where residents at all
stages of life, employers, workers, and visitors
have a wide spectrum of choices of where they
can live, work, shop and recreate within Ontario.
it is offset by a significant reduction in
the build-out of non-residential square
footage should the existing uses/buildings
remain unchanged on the 5.4-acre portion.

Implementation of this PUD would still allow
for redevelopment of the 5.4 acre portion
of the sub-area of up to 130,000 of non-
residential square footage, consistent with
the TOP 2050 build-out projections for this
sub-area.
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14 | Euclid/Walnut Planned Unit Development
Goal LU-2 Compatibility
Compatibility between a wide range of uses and
resultant urban patterns and forms.
• LU-2.1 Land Use Decisions. We minimize
adverse impacts on adjacent properties when
considering land use and zoning requests.
• LU-2.2 Buffers. We require new uses to provide
mitigation or buffers between existing uses
where potential adverse impacts could occur .

Additional mitigation is required when new uses
could negatively impact environmental justice
areas.

Goal LU-4 Phased Growth
Development that provides short-term value
only when the opportunity to achieve our Vision
can be preserved.
• LU-4.2 Interim Development. We allow
development in urban, mixed use, and transit-
oriented Place Types that is not immediately
reflective of our ultimate Vision for the Place
Type, provided it can be modified or replaced
when circumstances are right to support
development aligned with the Place Type
Vision. We will not allow development that
impedes, precludes, or compromises our ability
to achieve our Vision.
• LU-4.3 Infrastructure Timing. We require that
the necessary infrastructure and services
be in place prior to or concurrently with
development.
• LU-4.4 Shared Infrastructure. We encourage
and facilitate the use of shared infrastructure
(including shared or managed parking) in urban,
mixed use, and transit-oriented Place Types.

Housing Element
Goal H-2 Housing Supply & 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.
• H-2.1 Corridor Housing. We revitalize
transportation corridors by encouraging the
production of higher density residential and
mixed-uses that are architecturally, functionally,
and aesthetically suited to corridors.
• H-2.5 Housing Design. We require architectural
excellence through adherence to City
design guidelines, thoughtful site planning,
environmentally sustainable practices, and
other best practices.
• H-2.6 Infill Development. We support the
revitalization of neighborhoods through the
construction of higher-density residential
developments on underutilized residential and
commercial sites.

Goal H-3 Governmental Regulations
A City regulatory environment that balances the
need for creativity and excellence in residential
design, flexibility and predictability in the
project approval process, and the provision of an
adequate supply and prices of housing.
• H-3.2 Flexible Standards. We allow flexibility in
the application of residential and mixed-use
development standards in order to gain benefits
such as exceptional design quality, economic
advantages, sustainability, or other benefits
that would otherwise be unrealized.

Environmental Resources Element
Goal ER-1 Water & Wastewater
A reliable and cost-effective system that permits
the City to manage its diverse water resources
and needs.
• ER-1.4 Supply-Demand Balance. We require
that available water supply and demands be
balanced.
• ER-1.6 Urban Run-off Quantity. We encourage
the use of low impact development strategies,
including green infrastructure, to intercept run-
off, slow the discharge rate, increase infiltration,
and ultimately reduce discharge volumes to
traditional storm drain systems.
• ER-1.7 Urban Run-off Quality. We require the
control and management of urban run-off,
consistent with Regional Water Quality Control
Board regulations.
• ER-1.8 Wastewater Management. We require
the management of wastewater discharge and
collection consistent with waste discharge
requirements adopted by the Regional Water
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Euclid/Walnut Planned Unit Development | 15
Objectives
Quality Control Board.

Goal ER-3 Energy
Cost-effective and reliable energy system
sustained through a combination of low impact
buildings, site and neighborhood energy
conservation, and diverse sources of energy
generation that collectively helps to minimize
the region’s carbon footprint.
• ER-3.3 Building and Site Design. We require new
construction to incorporate energy efficient
building and site design strategies, which could
include appropriate solar orientation, maximum
use of natural daylight, passive solar , and
natural ventilation.

Goal ER-4 Air Quality
Improved indoor and outdoor air quality and
reduced locally generated pollutant emissions.
• ER-4.1 Land Use. We reduce GHG and other local
pollutant emissions through compact, mixed
use, and transit-oriented development and
development that improves the regional jobs-
housing balance.

Community Economics Element
Goal CE-1 Complete Community
A complete community that provides for all
incomes and stages of life.
• CE-1.6 Diversity of Housing. We collaborate
with residents, housing providers, and the
development community to provide housing
opportunities for every stage of life; we plan
for a variety of housing types and price points
to encourage the development of housing
supportive of our efforts to attract business in
growing sectors of the community while being
respectful of existing viable uses.
• CE-1.7 Retail Goods and Services. We seek to
ensure a mix of retail businesses that provide
the full continuum of goods and services for the
community.

Goal CE-2 Placemaking
A City of distinctive neighborhoods, districts,
corridors, and centers where people choose to
be.
• CE-2.1 Development Projects. We require new
development and redevelopment to create
unique, high-quality places that add value to the
community.
• CE-2.2 Development Review. We require those
proposing new development and redevelopment
to demonstrate how their projects will
create appropriately unique, functional, and
sustainable places that will compete well with
their competition within the region.

Safety Element
Goal S-1 Seismic & Geologic Hazards
Minimized risk of injury, loss of life, property
damage, and economic and social disruption
caused by earthquake-induced and other
geologic hazards.
• S-1.1 Implementation of Regulations and
Standards. We require that all new habitable
structures be designed in accordance with the
most recent California Building Code adopted
by the City, including provisions regarding
lateral forces and grading.
• S-1.2 Entitlement and Permitting Process.

We follow state guidelines and the California
Building Code to determine when development
proposals must conduct geotechnical and
geological investigations.

Goal S-2 Flood Hazards
Minimized risk of injury, loss of life, property
damage and economic and social disruption
caused by flooding and inundation hazards.
• S-2.5 Stormwater Management. We maintain
the storm drain system to convey a 100-
year storm, when feasible, and encourage
environmental site design practices to minimize
flooding and increase groundwater recharge,
including natural drainage, green infrastructure,
and permeable ground surfaces.

Goal S-3 Fire & Rescue Hazards
Reduced risk of death, injury, property damage
and economic loss due to fires, accidents and
normal everyday occurrences through prompt
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16 | Euclid/Walnut Planned Unit Development
and capable emergency response.
• S-3.1 Prevention Services. We proactively
mitigate or reduce the negative effects of fire,
hazardous materials release, and structural
collapse by implementing the regularly adopted
California Fire Code and California Building
Code.
• S-3.8 Fire Prevention through Environmental
Design. We require new development to
incorporate fire prevention consideration in the
design of streetscapes, sites, open spaces, and
buildings.

Goal S-4 Noise Hazards
An environment where noise does not adversely
affect the public’s health, safety, and welfare.
• S-4.1 Noise Mitigation. We utilize the City’s Noise
Ordinance, building codes, and subdivision and
development codes to mitigate noise impacts.

Goal S-5 Wind-Related Hazards
Minimize the risk of injury, property damage, and
economic loss resulting from windstorms and
wind-related hazards.
• S-5.1 Dust Control Measures. We require the
implementation of Best Management Practices
for dust control at all excavation and grading
projects.

Goal S-7 Law Enforcement
Residential neighborhoods, commercial areas,
and industrial districts that are kept safe
through a multi-faceted approach of prevention,
suppression, and community involvement in
public safety.
• S-7 .4 Crime Prevention through Environmental
Design (CPTED). We require new development
to incorporate CPTED in the design of
streetscapes, sites, open spaces, and buildings.

Community Design Element
Goal CD-1 Image & Identity
A dynamic, progressive city containing distinct
and complete places that foster a positive sense
of identity and belonging among residents,
visitors, and businesses.
• CD-1.2 Place Types. We establish Place Types
in urban, mixed use, and transit-oriented
areas to foster the City’s identity as a premier
community and require new development within
each Place Type to incorporate prescribed
urban patterns, forms, and placemaking
priorities.

Goal CD-2 Design Quality
A high level of design quality resulting in
neighborhoods, commercial areas, public spaces,
parks, and streetscapes that are attractive, safe,
functional, human- scale, and distinct.
• CD-2.1 Quality Building Design and Architecture.

We encourage all development projects to
convey visual interest and character through:

1. Building volume, massing, and height to
provide context-appropriate scale and
proportion;

2. A true architectural style which is carried
out in plan, section, and elevation through all
aspects of the building and site design and
appropriate for its setting; and

3. Exterior building materials that are
articulated, high quality, durable, and
appropriate for the architectural style.
• CD-2.4 Urban, Mixed Use, and Transit-oriented
Areas. We establish Place Types to require
mixed use, urban, and transit-oriented areas
to be designed and developed as pedestrian
oriented areas that are integrated with
adjacent neighborhoods and promote a vibrant,
comfortable, and functional environment, as
defined for each Place Type.
• CD-2.7 Sustainability. We collaborate with the
development community to design and build
neighborhoods, streetscapes, sites, outdoor
spaces, landscaping, and buildings to reduce
energy demand through solar orientation,
maximum use of natural daylight, passive
solar and natural ventilation, building form,
mechanical and structural systems, building
materials, and construction techniques.
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Euclid/Walnut Planned Unit Development | 17
Objectives
• CD-2.8 Safe Design. We incorporate
defensible space design into new and existing
developments to ensure the maximum safe
travel and visibility on pathways, corridors,
and open space and at building entrances
and parking areas by avoiding physically and
visually isolated spaces, maintaining visibility
and accessibility, and using lighting.
• CD-2.9 Landscape Design. We encourage
durable, sustainable, and drought-tolerant
landscaping materials and designs that enhance
the aesthetics of structures, create and define
public and private spaces, and provide shade
and environmental benefits.
• CD-2.13 Entitlement Process. We work
collaboratively with all stakeholders to ensure a
high degree of certainty in the efficient review
and timely processing of all development plans
and permits.

Goal CD-3 Urban, Mixed Use, and Transit-Oriented
Place Types
Vibrant urban environments that are organized
around intense buildings, pedestrian and transit
areas, public plazas, and linkages between and
within developments that are conveniently
located, visually appealing and safe during all
hours.
• CD-3.1 Unique Identity. We promote
development that heightens the unique
character and identity of each Place Type
by requiring compatible land uses and land
planning, site design, and building design that
promotes an active public realm.
• CD-3.4 Context-Aware and Appropriate Design.

We require appropriate building and site design
that complements existing development,
respects the intent and identity of the Place
Type, and provides appropriate transitions and
connections between adjacent uses to ensure
compatibility of scale, maintain an appropriate
level of privacy for each use, and minimize
potential conflicts.
• CD-3.5 Active Frontages. We create lively
pedestrian streetscapes by requiring primary
building, business, and residential entrances,
outdoor dining, and storefronts be located
on ground floors adjacent to sidewalks or
public spaces and designed to maximize
CD-3.1 Unique Identity
CD-3.4 Context Aware and
Appropriate Building Design
CD-3.5 Active Frontages
CD-3.6 Managed Infrastructure
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18 | Euclid/Walnut Planned Unit Development

2.2 Euclid Avenue (EA) Overlay District
and Historic Resources
The EA Overlay zoning district was established
to recognize, protect, and enhance the visual
character and quality of Euclid Avenue as a
major scenic and historic resource in Ontario
as well as its position on the National Register
of Historic Places. Properties located within
the EA require approval of a Certificate of
Appropriateness to ensure no adverse impacts
to designated historic resources occur as a result
of new development and buildings. This PUD
includes design criteria within Chapter 5 for site
and building design that strengthen the overall
character of Euclid Avenue.

The public right-of-way of Euclid Avenue from
Philadelphia Street northward to the Interstate
10 was designated as Local Landmark No. 67 on
January 16, 2001 by the Ontario City Council. On
August 10, 2005, the public right-of-way of Euclid
Avenue from Philadelphia Street in Ontario
northward to 24th Street in Upland was listed
on the National Register of Historic Places as a
significant cultural landscape. One contributing
character defining-feature of the right-of way is
the 60-foot-wide median separating the north/
southbound vehicular lanes of Euclid Avenue.

This PUD does not propose to alter or affect this
character-defining feature.

Although the parcels within this PUD have
Euclid Avenue frontage, the location of this
PUD is separated from the southern boundary
(Philadelphia Street) of this Local Landmark/
National Register of Historic Places designation
by a distance of approximately 0.4 miles. The
extended view of the Euclid Avenue corridor ,
when viewed northward from the parcels or
southward towards the parcels of this PUD, is
also visually disrupted within the immediate
foreground view as a result of the Pomona
Freeway (SR-60), which is elevated above Euclid
Avenue. Additionally, this PUD is separated from
the closest boundary of an historic district,
the Downtown Historic District, by a distance
of approximately three miles. Based upon the
City’s Historic Preservation records, there are no
potential or proposed historic resources within
the immediate surrounding area of the parcels
within this PUD.

Historic Euclid Avenue
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Euclid/Walnut Planned Unit Development | 19
Objectives

2.3 Euclid / Walnut PUD Objectives
The Euclid/Walnut PUD establishes a set of planning and design principles, development regulations, and performance standards to guide and govern the development of a defined project site. This PUD will facilitate redevelopment of the project site with structures and related improvements that support residential and non-residential land uses within the same project site. In addition to facilitating achievement of many City goals and policies as outlined herein, this PUD has the following objectives:

• Develop and provide new, high-quality rental housing combined with a mixed-use component. • Provide transition between new mixed-use development and surrounding residential neighborhoods and commercial properties.
• Provide areas of private and passive open space for each residential unit, as well as community gathering and active open spaces.
• Promote development that is consistent with the MU-NH – Mixed Use Neighborhood Activity Hub land use designation.
• Promote revitalization of commercial uses on the project site by establishing new ground-floor retail and similar uses that serve on-site residents and those in surrounding neighborhoods.
• Provide outdoor gathering places adjacent to commercial storefronts, such as outdoor patio or bench seating with inviting/attractive landscape elements. • Orient non-residential, ground-floor uses towards Euclid Avenue. • Incorporate site design solutions to allow for phased development. • Satisfy the build-out projections for residential dwelling units within the MU-NH (Euclid- Walnut) sub-area, as defined in TOP 2050.
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20 | Euclid/Walnut Planned Unit Development
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Euclid/Walnut Planned Unit Development | 21
Land Use Plan
Land Use Plan

3.1 Land Use and Zoning
The Euclid/Walnut PUD applies to the parcels
shown on Exhibit 3-1: Land Use/Zoning Map. The
map establishes a single zoning district of PUD
- Planned Unit Development providing for a mix
of commercial and residential uses consistent
with TOP 2050 MU-NH land use designation.

This PUD allows both horizontal and vertical
mixed-use development in buildings of three and
four stories. Buildings with direct Euclid Avenue
frontage will contain ground-floor commercial
uses and residential units directly above. All
other buildings will contain residential units
on all floor levels. A combination of garages,
tandem spaces, carports, and surface parking
spaces will be provided, with gated access limited
to residents and residents’ guests. Unrestricted
access to surface-level parking will serve the
commercial uses and provide additional resident
guest parking spaces. Residents will enjoy a low-
maintenance, urban lifestyle with conveniently
located shopping, dining, and personal service
businesses in combination with convenient
access to established transportation routes and
employment hubs.
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22 | Euclid/Walnut Planned Unit Development

3.2 Phasing and Building Out
Implementation of the land use plan and the
build-out allowable under this PUD will be
achieved through two redevelopment phases.

Exhibit 3-2: Phase 1 Conceptual Site Plan
illustrates the development plan for the initial
phase.

The first phase will retain the fast-food,
drive-through restaurant use, occupying an
approximately 4,100-square-foot building and
its related site improvements. The remaining
area within the boundaries of this PUD will be
developed with two four-story buildings and
six three-story buildings, providing a combined
total of 346 dwelling units, 5,400 square feet
of ground-floor commercial space, associated
on-site parking areas for both residential and
non-residential land uses, and landscaping and
recreational amenities for residents1.

The second phase will implement the full
build-out of the PUD area with demolition of
the restaurant and related site improvements;
replacing them with an additional mixed-use,
four-story building. Completion of the second
phase will provide up to an additional 23 dwelling
units and up to an additional 6,600 square
feet of ground-floor commercial space, plus
associated site improvements.

This PUD, inclusive of all development standards
and requirements, applies to both phases.

Ultimate build-out will result in a maximum of
369 dwelling units and approximately 12,000
square feet of commercial land uses.

1. Demolition of approximately 100,950 square feet of older commercial buildings will occur before project construction proceeds.

Exhibit 3-1: Land Use/Zoning Map
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Euclid/Walnut Planned Unit Development | 23
Land Use Plan
Exhibit 3-2: Phase 1 Conceptual Site Plan
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24 | Euclid/Walnut Planned Unit Development

3.3 Permitted Uses
Table 3-1: Permitted Uses lists the allowable land use, activity, or facility permitted within this PUD.

A land use that is not listed shall be considered a prohibited land use unless otherwise allowed by the Zoning Administrator in accordance with the requirements and procedures outlined in the ODC.

The land uses established in this table are consistent with those listed uses and land use definitions of the ODC. The ODC relies upon the North American Industry Classification System (NAICS) for non-residential land uses, utilizing the NAICS website definitions for each business establishment classification. The “Notes or ODC Regulations” column provides reference to the location of any specific regulations, operating conditions, and/or development standards applicable to the corresponding land use, activity, or facility; as well as exception to any standards or requirement as modified within this PUD. The “Permit Type” column symbols shall have the same meaning and utilize the same permit type, process, and approvals as contained in the ODC.

Table 3-1: Permitted Uses
Land Uses, Activities, and
Facilities
Permit Type
“P” - Permitted by Right
“C” - Conditional Use Permit
“A” - Administrative Use Permit
Notes or ODC
Regulations
Residential
Accessory Dwelling Units P ODC Section 5.03.010
Animal Keeping (accessory)
Household Pets - 4 or fewer pets
P
Community Gardens (accessory) A ODC Section 5.03.410
Home Occupation (accessory) A ODC Section 5.03.240
Multiple-Family Dwellings P
Mixed Uses
Residential Mixed-Use Developments P ODC Section 5.03.285 Non-Residential Uses - Limited to Ground Floor and Euclid Avenue Frontage Alcoholic Beverage Sales (off-premise) C ODC Section 5.03.025 Art Dealer P
Clothing, Shoes and Jewelry Store P
Consignment Shop P
Convenience Store P
Document Preparation Services P
Drycleaning and Laundry Services -
Limited to Drop-off and Pick-up
P Drive-thru prohibited
Electronics and Appliance Store P ODC Section 5.03.175
Finance and Insurance Services P Check Cashing, Advanced Payday, and Pawnshops
prohibited
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Euclid/Walnut Planned Unit Development | 25
Land Use Plan
Table 3-1: Permitted Uses
Land Uses, Activities, and
Facilities
Permit Type
“P” - Permitted by Right
“C” - Conditional Use Permit
“A” - Administrative Use Permit
Notes or ODC
Regulations
Florist P
Furniture and Home Furnishings Store P ODC Section 5.03.210 General Merchandise Store P
Health and Personal Care Store P
Investigative and Security Services P
Office Administrative Support
Services
P
Office Supplies, Stationary and Gift
Store
P
Personal and Household Goods Repair P
Personal Care Services
With Massage Services
P
A ODC Section 5.03.270
Personal Fitness Training Studio P Limited to 10,000 sq. ft.

Pet Supply Store P Animal Sales prohibited
Pharmacies and Drug Store P Drive-thru prohibited
Police Storefront/Community Services P
Private Mail Centers and Postal
Supply
P
Professional and Technical Services P Limited to non-medical Real Estate, Rental, and Leasing
Services
P
Restaurants, Fast Food
With Drive-Thru
P
P ODC Section 5.03.150
Restaurants, Limited Service
With Alcoholic Beverage Sales
With Live Entertainment
P
C
C
ODC Section 5.03.025
ODC Section 5.03.257
Restaurants, Snack and Nonalcoholic
Beverage Bar
P
Specialty Food and/or Beverage Store
With Alcoholic Beverage Sales
P
C ODC Section 5.03.025
Sporting Goods, Hobby, Book, and
Music Store
P
Supermarket and Grocery Store P
Travel Arrangement Services P
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26 | Euclid/Walnut Planned Unit Development
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Euclid/Walnut Planned Unit Development | 27
Development Regulations
Development
Regulations
This section sets forth standards that govern
the placement, height, and bulk of permitted
buildings and other structures; establishes
locational criteria for vehicular access to
development sites; establishes parking and
loading requirements; and specifies minimum
requirements for recreational amenities for
residential uses. Unless otherwise modified
herein, development within this PUD
shall comply with the ODC standards and
requirements as may apply generally to Multiple-
Family Dwellings and Commercial development,
as determined appropriate by the Director .

Table 4-1: Summary of Development Standards
provides an at-a-glance reference to the
regulations for the various standards, and is to
be used in combination with the descriptions and
specific criteria listed for each of the standards.
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28 | Euclid/Walnut Planned Unit Development
served by a drive aisle, up to a maximum
building setback of 80 feet.
g. The building edge along Walnut Street shall
provide a minimum setback of 10 feet.
h. Building setbacks shall be measured from
the ultimate property lines or ultimate
right-of-way width, whichever is greater .
i. Placement of buildings and structures shall
conform with other specifications of Table
4-1: Summary of Development Standards.
j. Any yard areas provided between the
buildings and the right-of-way may be
finished with hardscape, including walls/
fences, or landscape.

4.4 Vehicle Access
Vehicular access from any public right-of-way
shall be limited to two locations along Euclid
Avenue and a maximum of three locations along
Walnut Street, as approved by the City Engineer .

4.1 Intensity
The intensity of non-residential development
shall not exceed a maximum 0.5 floor area
ratio (FAR) based upon the net site area. The
calculation shall be derived by dividing the gross
square footage of the commercial space of the
vertical mixed use buildings by the net site area.

In determining FAR, this square footage should
not include indoor common amenity space
or other interior square footage serving the
residential land uses.

4.2 Density
The density of residential development shall not
exceed a maximum 40 dwelling units per acre
based upon the net site area. In no case shall
the total number of residential units exceed 369
units upon build-out of Phase 2.

4.3 Building Envelope
a. Non-residential land uses shall be on the
ground-floor level of vertical mixed-use
buildings.
b. Residential dwelling units may be located
on any floor level.
c. The height of four-story buildings shall not
exceed 60 feet. The height of three-story
buildings shall not exceed 50 feet. Height
shall be measured as specified in the ODC
and is inclusive of architectural projections.
d. Any rooftop mechanical venting or
communications equipment shall be built
within or otherwise screened by the roof
structure so that they do not project above
parapets and are not visible from any public
right of way, or neighboring building.
e. The location of vertical mixed-use buildings
shall be limited to buildings with frontage
along Euclid Avenue.
f. The building edge along Euclid Avenue may
vary. It may occur a minimum of 10 feet
behind the public right-of-way line or at a
point that allows for up to two parking bays
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Euclid/Walnut Planned Unit Development | 29
Development Regulations

4.5 Parking Facilities, Supply, and
Design
On-street parking on Euclid Avenue and Walnut
Street adjacent to this PUD shall not be allowed.
a. Non-residential uses shall be provided with
parking at a minimum ratio of one parking
space per 250 gross square feet of building
area. Such parking shall be located on site,
and shall be accessible during operating
hours of the businesses being served.
b. Residential uses shall be provided with
parking at a minimum ratio of 1.2 parking
spaces per bedroom in each dwelling unit,
inclusive of providing guest or unassigned
parking spaces. Resident parking shall
be located on site, and may have access
restricted by gated entrance. Resident
parking for each dwelling unit or guests of
that dwelling unit may be provided within
a garage space, as a tandem space, within
a carport, as surface level parking, or in
combination. Tandem spaces are restricted
to those directly in front of a garage door
and shall be assigned to the same dwelling
unit as the garage space.
c. A parking management plan shall be
submitted for the Planning Director
approval prior to the issuance of building
permits. The plan shall address the
assignment, distribution, and functionality
of all parking spaces among the various
uses, including the use of non-residential
spaces providing overflow resident guest
spaces when businesses are closed.
d. Parking spaces shall not obstruct access to
building entrances, pedestrian paths, trash
storage areas, or loading areas.
e. Parking space dimensions, drive aisles, etc.
shall generally conform to the standards set
forth in the ODC unless modified herein.

4.6 Residential Open Space and
Common Amenities
Open space for the residential component shall
be provided at a minimum ratio of 250 square
feet per dwelling unit. Such space can be a
combination of residential private open space
and common amenities, subject to the following:
a. A minimum of 50 square feet of individual
private open space, in the form of balcony
or patio area directly accessible from the
interior of each dwelling unit, shall be
provided. Individual balcony or patio areas
shall have a minimum dimension for length
and width of five feet.
b. Common amenities shall be provided
at the minimum ratio of 175 square feet
per dwelling unit. This may include a
combination of passive and active, indoor
and outdoor spaces, roof-top or upper
floor decks, as well as landscaped and
hardscaped ground surfaces providing
paseos between or adjacent to buildings.

Up to 15 percent of the overall common
amenity square footage may consist
of indoor area and be grouped into a
single building that is accessible to all
residents. Such indoor area shall provide
opportunities for fitness, lounge/gathering
space, business/mail center , and similar
amenities. The remaining common
amenities provided shall be in the form of
outdoor common areas consisting of both
programmed and unprogrammed spaces.

Programmed space may provide specific
amenities: such as a dog park, seating/
conversational areas, outdoor cooking
facilities with table seating areas, etc.

Unprogrammed space may provide passive
use such as landscaped paseos.
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30 | Euclid/Walnut Planned Unit Development

4.7 Service Facilities
Service areas and facilities shall comply with the
following:
a. Loading and unloading in proximity to
both the residential and non-residential
uses shall be addressed as part of the
parking management plan submitted to the
Planning Director to ensure coordination of
operational hours and occupancy/vacancy
of parking areas.
b. Trash receptacles/recyclable container
storage areas shall be provided for all
residential and non-residential uses. Such
receptacle/storage area may receive trash
from commercial and residential sources.

Locations, sizes, and design of such areas
shall be readily accessible by trash disposal
company equipment and work crews, as
approved by the Planning and Public Works
Directors, in consultation with the trash
disposal vendor .
c. Individual storage units shall be provided
for the occupants of each dwelling unit,
exclusive of any closets in the units. The
total amount of cubic feet provided shall
average 150 cubic feet per dwelling unit.

4.8 Signs
A Master Sign Program shall be submitted
for approval by the Planning Director prior to
issuance of a building permit to provide design
and standards applicable to both residential and
non-residential land uses within this PUD. The
program will include specific sign criteria for
gated access points. All signs shall comply with
standards in the ODC. Any signage within the
Euclid Avenue Caltrans right-of-way will require
Caltrans review and approval.

4.9 Landscape/Hardscape
a. A detailed plan shall be submitted with the
Development Plan specifying all landscape
and hardscape elements of the residential
open space and common amenities, as well
as the perimeter yards abutting the street
rights-of-way and all street trees.
b. Water conservation shall be provided
through low water using plant materials,
hydro zones, water efficient irrigation and
weather-based controllers as required
by City codes. Landscaped areas may be
used for storm water infiltration through
vegetated swales, retention basins, or dry
wells as needed with the use of appropriate
planting materials.
c. The landscape design shall generally
satisfy the requirements of the Landscape
Development Standards outlined in the
ODC and shall create well-functioning
spaces within a sustainable design utilizing
materials as provided in Table 5-1: Master
Plant Palette.
d. Within parking areas, the following
landscape areas and standards apply:

1. For each row of parking spaces located within
the restricted access (gated) parking areas,
planter islands of at least six feet in width
that extend the full length of the abutting
parking space shall be located at a minimum
rate of every 15 spaces. This rate shall be
increased to every 10 spaces for parking areas
with unrestricted access and/or adjacent to
Euclid Avenue.

2. Tree wells, tree diamonds, or center planter
strips shall be provided to allow for the
planting of shade trees at a minimum ratio
of one tree for each five parking spaces. Tree
wells shall not have a minimum dimension
less than five feet.

3. All landscape planters within parking
areas shall be delineated with a six-inch-
wide curb regardless of parking space
configuration. The use of a 12-inch-wide curb
may be provided to allow for a “step area”
in circumstances where there is increased
frequency of passengers exiting or entering a
vehicle.
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Euclid/Walnut Planned Unit Development | 31
Development Regulations

4.11 Public Right-of-Way Improvements
As determined by the City Engineer , design
and construction of any street improvements
adjacent to the property frontage of Euclid
Avenue and Walnut Street shall be conditioned
and may include, but not be limited to, concrete
curb and gutter , sidewalk, LED street lights,
signing and striping, and parkway landscaping.

Any improvements within the Euclid Avenue
Caltrans right-of-way will require Caltrans review
and approval.

4.12 Infrastructure
The parcels within the boundary of this PUD
shall be served by existing water lines and
wastewater flows and/or upgraded to satisfy the
required capacities as determined by the City
and its service purveyors/agencies, including the
Fire Department.

On-site stormwater drainage facilities shall be
provided consistent with the San Bernardino
County Stormwater Program’s Water Quality
Management Plan (WQMP) requirements for new
development projects. Stormwater capture and
infiltration facilities may include the utilization
of vegetated swales, depressed landscaped
basins, pervious concrete pavement, and/or
underground stormwater retention/infiltration
vaults.

The parcels within the boundary of this PUD are
considered a Priority Land Use (PLU). A PLU
shall comply with the statewide Trash Provisions
adopted by the State Water Resources Control
Board (SWRCB) and trash requirements in the
most current San Bernardino County Area-Wide
MS4 Permit. Drainage from the PLU shall be
designed with conveyance tributary to a Full
Trash Capture System which has been approved
by the SWRCB.

4. Bordering the Euclid Avenue frontage, a
minimum 10 foot in depth planter area shall
be provided between the public right-of-way
and a parking space oriented perpendicular to
the right-of-way.

5. A minimum 20-foot deep planter area shall
be provided at a driveway between any public
right-of-way to the first parking space to allow
for a minimum 20-foot drive aisle throat.
f. Street trees shall comply with the variety,
size, and spacing as directed by the City of
Ontario Master Street Tree Plan.

4.10 Fences and Walls
a. Fences and walls shall be an integral design
or compatible with the building architecture
and shall comply with the height and
materials shown in Exhibit 5-6: Fence/Wall
Concepts.
b. Fences and walls may be setback zero
feet from property lines except where
such fence or wall is required to comply
with Engineering Corner Sight Distance
Standards and other applicable standards.
c. Decorative walls, monuments, and/or other
similar features shall not encroach into the
public right-of-way.
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4.13 Summary of Development Standards
Table 4-1: Summary of Development Standards provides the quantitative development standards set forth in previous Sections 4.1 through 4.12 and any additional requirements for development within this PUD.

Table 4-1: Summary of Development Standards
Development Standard Requirement Notes
Maximum Intensity - Floor Area Ratio 0.50 FAR Gross building square footage of commercial space
Density Range - Minimum and Maximum 20.1 - 40 Up to a maximum of 369 dwelling units
Maximum Building Height by Number of
Stories
Four Stories
Three Stories
60 ft.
50 ft.

Inclusive of architectural
projections and equipment
screening
Building Setbacks - From Right-of-Way 10 ft. minimum
Setbacks - Interior Property Line
Buildings Adjacent to Residential
Buildings Adjacent to Non-Residential
Carport or Trash Enclosure
50 ft. minimum
5 ft. minimum
5 ft. minimum
Building Separation
Building to Building
Building to Drive Aisle or Parking Areas
Building to Carport
Patio to Patio
25 ft. minimum
5 ft. minimum
25 ft. minimum
15 ft. minimum
Individual driveway depth limited
to 5 ft. or less, or 18 ft. or more
Minimum Number of Parking Spaces
Ratio for Residential Uses
Ratio for Non-Residential Uses

1.2 spaces/bedroom
1 space/250 sq. ft.

Inclusive of guest spaces
Residential Open Space and Common
Amenities - Combined Minimum Ratio
Minimum Private Open Space Ratio
Minimum Common Amenity Ratio
250 sq. ft./du
50 sq. ft./du
175 sq. ft./du
5 ft. minimum width and length
15% maximum indoor
Residential Storage Units 150 cubic feet/du minimum Does not include closets or cabinets interior to the unit
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Design Criteria
Design Criteria
New development implemented under this PUD
will generate new uses and design aesthetics
in a way that fulfills many of the design goals
and policies discussed previously in Chapter

2. The Community Design Element in TOP
2050 outlines specific “Place Types”; this PUD
is categorized under Place Type 8e, which
is considered “Neighborhood Center – Infill”
type development, where the commercial and
residential parcels were largely developed
in an incremental manner prior to 2020.

Redevelopment could result in either horizontal
or vertical mixed use and are envisioned to
incorporate site design that prioritizes safe,
attractive, and well-shaded pedestrian access
from the public rights-of-way and adjacent
neighborhoods.
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36 | Euclid/Walnut Planned Unit Development
The parcels within this PUD site do not contain
significant buildings, structures, or locations
subject to historic preservation. While the first
phase of development retains an existing fast-
food restaurant structure, this building is not
considered historic. The new infill development
will include architecture that creates a dynamic
visual environment and increases the pedestrian
experience. The design criteria for the buildings
provide articulation, dynamic materials and
colors, and avoid bulky and monotonous
elevations. Street trees and landscaped street-
facing setback areas will provide opportunities
to frame the street, create a pleasant pedestrian
pathway, and minimize the building bulk from the
public right-of-way.

The following sections provide guidance to
City staff and private developers in the design
of buildings, yards, and streets. Variations
from strict interpretation of the standards
are permitted, provided that the integrity of
the urban design is not compromised. The
following criteria shall be incorporated into the
Development Plan for each phase of this PUD,
subject to final interpretation by the Planning
Commission.

5.1 Building Orientation
a. Buildings along Euclid Avenue shall provide
storefronts that invite pedestrian activity.
b. Architectural focal treatments such as taller
elements, textured surfaces, and unique
fenestration shall be provided on frontage
facing public streets.
c. Buildings located at the street corner shall
be designed to incorporate architectural
features that respond to the corner location
by having directed entries and/or tower
elements.
d. Multiple shop entrances and display
windows with clear glazing, shall be
provided along Euclid Avenue facades.

5.2 Access and Parking Facilities
a. Vehicular access and on-site parking shall
be designed to reduce visual impact along
Euclid Avenue and Walnut Street.
b. On-site parking facilities serving non-
residential uses shall be readily accessible,
screened, and separated from the public
right-of-way views with landscaping,
including shade trees.
c. On-site parking facilities serving residential
uses may be located behind gated ingress/
egress points. Gate access points from
Euclid Avenue shall be set back to allow
stacking of at least two vehicles, with
sufficient space configured to allow a
vehicle to turn around without backing into
the street. The primary entry gate serving
residential uses shall be designed to be
easily recognizable to visitors.
d. Carports and individual garage entries
shall be designed to be compatible with the
building architecture and use similar colors,
materials, and details.

5.3 Service Facilities
a. Service, loading and, storage facilities
shall be located away from public streets,
outdoor spaces, and adjacent residential
uses.
b. Electrical equipment shall be located on
the interior of a building. When interior
locations are not practical, electrical
equipment shall be enclosed and screened
from public streets with walls, fencing, and/
or landscaping that allows for sufficient
ventilation, or buried in vaults.
c. Service areas shall be screened and gated.
d. All types of loading doors within view of
public streets shall be screened with walls,
berms, or plant materials.
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Euclid/Walnut Planned Unit Development | 37
Design Criteria

5.4 Pedestrian Linkages
a. Pedestrian pathways shall be designed
and located for clear and comfortable on-
site pedestrian circulation. Sidewalks and
pedestrian paths shall provide convenient
connections between storefronts, outdoor
spaces, and parking, as well as portals to
adjacent residential uses.
b. Landscape paseos shall be used to reinforce
pedestrian connections. For instance,
attractive paving and planting design may
identify and highlight these connections by
establishing a visual separation between
vehicular and pedestrian routes and provide
passive open space opportunities for
residents.

5.5 Architectural Character
a. The architectural character shall reflect
the various styles within the City and
along Euclid Avenue and shall fit in
contextually without matching. The use
of complementing proportions, building
details, and building materials shall be
employed.
b. Compatibility between the vertical and
horizontal mixed-use architecture shall
be achieved through the use of unifying
elements such as similar materials and
colors.
c. A schematic illustration of acceptable
architectural character is shown in Exhibit

5.1: Architectural Character - Vertical
Mixed-Use, Exhibit 5-2: Architectural
Character - Three Story Residential, and
Exhibit 5-3: - Four Story Residential.

5.6 Massing & Scale
a. Simple, yet varied massing shall be used,
with wall openings that create shadow line
and provide visual relief.
b. Massing and height of corner elements
shall be emphasized by using strong and
identifiable building forms such as taller
building mass, tower element, or cupola.
c. Building increments shall employ various
architectural devices such as changes in
colors/finish material, horizontal breaks and
offsets, upper building portion reflecting
the same increment of articulation as the
ground level, and use of trim and moldings
at the top of facades that reflect the
vertical massing of the building.
d. Where buildings will be of varying heights,
they shall be designed to promote
transition in massing and avoid abrupt
changes in scale within the development.

5.7 Articulation & Fenestration
a. Buildings shall have three-dimensional
qualities.
b. The base and upper levels of a vertical
mixed use building shall be differentiated
with features for storefronts such as a
bulkhead, display windows, and/or transom
and detailed trim.
c. Buildings shall be articulated on all sides.

Fenestration, changes in wall plane,
material, texture, color , etc. shall be used to
create shadow lines and articulate building
walls.
d. Highly visible public entrances shall be
provided where buildings are oriented
towards Euclid Avenue to provide individual
shop entrances featuring recesses,
overhangs, special materials, and/or
detailing.
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38 | Euclid/Walnut Planned Unit Development
Exhibit 5-1: Architectural Character — Vertical Mixed-Use 211
Euclid/Walnut Planned Unit Development | 39
Design Criteria
Exhibit 5-2: Architectural Character — Three-Story Residential Exhibit 5-3: Architectural Character — Four-Story Residential 212
40 | Euclid/Walnut Planned Unit Development

5.8 Architectural Details
a. Architectural details shall be used to
enhance a building’s appearance at the
base, eaves, parapets, and around entries
and windows.
b. Human-scaled details such as canopies and
awnings, transparent windows and window
displays shall be provided facing Euclid
Avenue.
c. Architectural features and details shall be
an integral part of the building without an
appearance of being “tacked on.”

5.9 Storefronts
a. Storefronts for each commercial
establishment shall have a unifying
architectural aesthetic, but may include
alteration of exterior treatments on the
individual frontage of the space where
such modifications compliment the overall
design quality of the development.
b. Storefronts shall incorporate desirable
building materials such as brick, stone, tile,
exterior cement plaster , or fiber cement
siding.
c. Storefront glazing shall be clear glass to
permit clear views into the interior space.

The amount of such glass shall provide a
balance between high visibility into the
store interior and architectural quality.
d. Entrance doors shall be of a traditional style
and as transparent as possible.

5.10 Material & Colors
a. Materials shall be those of permanence
and quality and that unify a building’s
appearance on all sides.
b. Materials and colors shall accentuate the
architectural details of the building and
promote visual harmony.
c. To create visual interest, at least three
different building materials shall be used.

5.11 Roof/Rooftop Equipment
a. At least one break in roof plane shall be
provided on each building
b. Rooftop equipment, including ladders and
antenna devices, shall be screened so as
not to be visible from streets and adjacent
buildings. Methods of rooftop screening
should be integral to the building’s form.

5.12 Non-Residential Outdoor Dining
Areas
Outdoor dining areas adjacent to a ground-
level eating or drinking establishment shall be
oriented toward Euclid Avenue.

5.13 Residential Outdoor Space,
Common Recreational Amenities
a. Private balcony and/or patio enclosures
shall consist of materials that are
complementary to materials and colors
used on the building elevations. Each
balcony shall be oriented or enclosed
sufficiently to increase privacy between
balconies of adjacent units.
b. Common outdoor spaces providing passive
recreation shall include either shade
elements and/or trees providing shade
canopy.
c. Indoor recreation/fitness/community
facilities shall be of the same architectural
style and materials that match or
complement the primary building
architecture with a layout as shown in
Exhibit 5-4: Typical Common Recreational
Amenity.
d. Outdoor seating, tables and umbrellas,
gazebos, barbecues, natural or artificial
lawn area, and/or other place-making
features that are provided shall be
compatible with the architectural style of
the buildings with a layout as shown in
Exhibit 5-5: Typical Courtyard.
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Euclid/Walnut Planned Unit Development | 41
Design Criteria
Exhibit 5-4: Typical Common Recreational Amenity
Exhibit 5-5: Typical Courtyard
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42 | Euclid/Walnut Planned Unit Development

5.14 Landscape / Hardscape Elements
a. Landscaping elements shall contribute and complement the aesthetic quality and character of the public and private spaces.
b. Table 5-1: Master Plant Palette shall guide the selection of materials for street trees, perimeter trees and shrubs, courtyard and common area trees, vines, screening and hedge plants, and groundcover .
c. Landscaping shall be provided to define and enrich courtyards and walkways and shall include specimen trees of minimum size 24 inch box.
d. Hardscaping shall be composed of decorative paving materials and patterns, rather than a single, continuous surface.
e. Fences/walls shall complement the building materials similar to those depicted in Exhibit 5-6:

Fence/Wall Concepts.

Table 5-1: Master Plant Palette
Botanical Name Common Name Minimum Size
Street Trees
Grevillea robusta Silk Oak (Euclid) 24” Box
Platanus wrightii Arizona Sycamore
Site Trees and Palms
Quercus agrifolia Coast Live Oak 48” Box
Platanus racemosa California Sycamore
Ulmus parvifolia 'True Green' Evergreen Elm
Koelreuteria paniculata Golden Rain Tree 36” Box
Lagerstroemia hybrids 'Muskogee' Crape Myrtle (Lavender) Chilopsis linearis Desert Willow
Aloe bainesii Tree Aloe 24” Box
Arbutus ‘Marina’ Strawberry Tree
Cercis occidentalis Western Redbud
Platanus acerifolia 'Bloodgood' London Plane Tree (anthracnose res.)
Podocarpus gracilior Fern Pine
Quercus wislizeni Interior Live Oak
Tristania conferta Brisbane Box
Phoenix dactylifera Date Palm 16’ Brown Trunk
Height
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Euclid/Walnut Planned Unit Development | 43
Design Criteria
Table 5-1: Master Plant Palette
Botanical Name Common Name Minimum Size
Shrubs
Agave 'Blue Flame' Blue Flame Agave 5 Gallon
Agave desmettiana ' Variegata' Variegated Dwarf Century Plant Alyogne huegelii 'MONleon' Leon's Purple Delight Lilac Hibiscus Arbutus unedo 'Elfin King' Elfin King Strawberry King
Buxus microphylla japonica Japanese Boxwood 1 Gallon
Calandrinia spectabilis Rock Purslane
Carex tumulicola Foothill Sedge
Carissa grandiflora 'Green Carpet' Natal Plum
Dianella revoluta 'DR5000' Little Rev Flax Lily
Dianella tasmanica 'Silver Streak' Silver Streak Flax Lily Ilex crenata 'Sky Pencil' Sky Pencil Ilex 5 Gallon
Juniperus scopulorum 'Skyrocket' Skyrocket Juniper
Lantana montevedensis 'Monma' White Lightin' Lantana 1 Gallon Ligustrum japonicum 'Texanum' Wax Leaf Privet 5 Gallon
Lomandra longifolia 'LM300' Breeze Dwarf Mat Rush
Muhlenbergia capillaris 'Regal Mist' Regal Mist Muhly
Myoporum parvifolium No Common Name 1 Gallon
Philodendron x 'Xanadu' Dwarf Philodendron 5 Gallon
Pittosporum tobira Tobira
Podocarpus elongatus 'Monmal' Icee Blue Yellow-Wood
Prunus caroliniana 'Bright n' Tight' Carolina Cherry
Rhaphiolepis indica 'Clara' Dwarf Indian Hawthorne
Rhaphiolepis x. 'Montic' Majestic Beauty Indian Hawthorne Rosa 'Flower Carpet var . Noatraum' Pink Carpet Rose 2 Gallon Rosa f. 'Ice Berg' White Shrub Rose 5 Gallon
Trachelospermum asiaticum Asian Jasmine 1 Gallon
Vines and Espaliers
Clytostoma callistegioides Violet Trumpet Vine 5 Gallon Distictus buccinatoria Blood Red Trumpet Vine
Ficus pumila (repens) Creeping Fig 1 Gallon
Parthenocissus tricuspidata Boston Ivy
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44 | Euclid/Walnut Planned Unit Development
Exhibit 5-6: Fence/Wall Concepts
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Euclid/Walnut Planned Unit Development | 45
Design Criteria
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46 | Euclid/Walnut Planned Unit Development
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Administration
6 Administration

6.1 Items Not Addressed in PUD
Any terms not defined herein and any issues
affecting the design and development of the
subject project area not specifically addressed in
this PUD shall be governed by the provisions of
the ODC.
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48 | Euclid/Walnut Planned Unit Development

6.2 Development Plan and Other
Applications
A Development Plan shall be submitted
for each phase of this PUD for approval by
the Development Advisory Board and the
Ontario Planning Commission, pursuant to the
requirements and procedures outlined in the
ODC.

To ensure proper implementation of the EA
Overlay district, an application for a Certificate
of Appropriateness shall be submitted in
conjunction with the Development Plan required
for each phase of this PUD, pursuant to all
requirements and procedures outlined in the
ODC.

Lot line adjustments or the combining of
parcels within this PUD shall comply with all
requirements and procedures outlined in the
ODC. Such actions may be conditioned for
compliance as part of the Development Plan
approval process.

6.3 Administrative Exceptions
Deviation from the development standards
set forth in this PUD may be granted up
to a maximum of 10 percent by the Zoning
Administrator . Any deviation that is greater
than 10 percent shall require Variance approval
pursuant to the requirements and procedures
outlined in the ODC.
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Ontario City CouncilNovember 7, 2023

Ontario City Council
November 7, 2023