Agenda packet — Ontario City Council, July 2, 2024 (part 2 of 5)

BB&K 2020

AM
ENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
TILDEN-COIL CONSTRUCTORS, INC.

1. P
arties and Date.

Th
is Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Tilden-Coil Constructors, Inc., 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 Consultant have entered into an agreement entitled “PROFESSIONAL SERVICES AGREEMENT” dated April 4, 2023. (“Agreement”).

2.2 A mendment Purpose. T he City and Consultant desire to amend the A greement to revise the scope of services and include construction management services for Ontario Convention Center Expansion and increase the not to exceed compensation amount by Three Million Five Thousand and Seven Hundred Thirty Dollars ($3,005,730) for a total not to exceed amount of Thirty-Three Million Forty-Nine Thousand and Six Hundred Seventy- Seven Dollars ($33,049,677).

The Parties have heretofore entered into that Amendment No. 1 dated August 15, 2023, Amendment No. 2 dated March 5, 2024 and Amendment No. 3 dated April 16, 2024.

2.3 A mendment Authori ty. This Amendment No. 4 is authorized pursuant to Section

3.7.14 of the Agreement.

3. T
erms.

3.1 Amendment . S ection 3.1.1 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
173
46700.00100\33287662.1

Page 2 of 4 ends

BB&K 2020

“3. 1. 1 General Scope of Services . Consultant 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 professional architectural and related consulting services necessary for the Proj ect (" Services"). The Services are more particularly described in Attachment "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.

“Section 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all 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 Thirty -Three Million Forty -Nine Thousand and Six Hundred Seventy -Seven Dollars ($33,049,677) (“Total Compensation”) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Exhibit C is hereby deleted in its entirety 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. 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.

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. 4.

3.4 Severability. If any portion of thi s 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]

174
46700.00100\33287662.1

Page 3 of 4 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND TILDEN-COIL CONSTRUCTORS, 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 TILDEN-COIL CONSTRUCTORS, 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:

City Clerk

175
1 of 3
April 3, 2024
Tito Haes, Executive Director Public Works
City of Ontario
1333 S. Bon View
Ontario, CA 91761
Re: Proposal for CM Multi-Prime Services for the Ontario Convention Center Expansion project – Phase 1 Preconstruction Services
Dear Tito,
We are pleased to present our fee proposal to provide CM Multi-Prime services for the Ontario Convention Center Expansion project. It is exciting to anticipate the impact this new project will have on the community!
This proposal is to provide preconstruction phase services with the intent that construction phases services will be assigned under a subsequent proposal upon approval by the City.

Our Fee structure, outlined below, is in alignment with on-call rates submitted in February 2023. Our understanding of the scope of the project is as follows:

Ontario Convention Center Expansion. The project is currently in the schematic design phase by HMC Architects and will consist of four separate projects; (1) an expansion and remodel to an existing convention center, (2) a new parking structure on an existing office building site, (3) a road closure with a new exterior plaza and event space, and (4) a new pedestrian bridge connecting the new parking structure to a new hotel across Holt Blvd. Construction activities shall be phased to allow the convention center to continue operating during construction. Construction activities shall be coordinated with the operator of the convention center to ensure a minimal impact to daily operations. Total construction duration of all projects in the complete Project has been communicated to be 32 months.

The expansion of the existing convention center includes an addition of approximately 275,000 SF with two new exhibit halls, two new small ballrooms, thirteen new meeting rooms, new main lobby, new café, two secondary lobbies, and a new administration suite. The remodel of the existing convention center includes a heavy remodel of the existing meeting rooms, an expansion and heavy remodel of the existing ballrooms, an expansion and heavy remodel of the existing kitchen, and a light to moderate remodel of all other spaces. The construction budget for the expansion is approximately $300 million.

The new parking structure will be approximately 650,000 SF and five-stories, providing approximately 2,000 new parking spaces including 600 EV stations. The construction budget for the parking structure is approximately $130 million.

The new plaza will be approximately 200,000 SF and includes an event plaza, demonstration garden, public art and sculpture garden. The construction budget for the new plaza is approximately $6 million.

Attachment "A"
176

2 of 3

The new pedestrian bridge is approximately 275’-0” long and 12’-0” wide. The bridge will have stairs and an elevator at the hotel, and connect to the 2nd floor of the parking structure to utilize the stairs and elevator in the structure. The construction budget for the pedestrian bridge is not yet determined and a rough order of magnitude of $6 million is currently being used to calculate CM Fees.

Total CM Compensation

Current Construction Budget: $442,000,000
CM Fee (3.85%): $17,017,000

1. Preconstruction: $453,180

2. 15% of CM Fee: $2,552,550

3. Total (1+2) $3,005,730

Preconstruction Services
Preconstructions Services is based on a design/preconstruction duration identified in the attachment to this proposal. The preconstruction services amount shall be billed in equal monthly installments throughout the preconstruction phase. Preconstruction Services include the following for each phase of work/separate project:
• Management Oversight and Support, Meetings, Design Coordination • Estimating (Schematic Design, Design Development, Construction Documents) • Prepare Trade Scope Packages
• Bidding Support Services
• Value Engineering
• Constructability Review
• Scheduling & Logistics Planning
• Building Information Modeling (Clash Detection, Utility Modeling) • Laser scanning and 3D modeling of existing conditions for design coordination

CM Fee
CM Fee shall be calculated on the anticipated cost of construction and shall be adjusted based upon the actual cost of construction using the fee percentage of 3.85%. Fifteen Percent (15%) of the CM Fee shall be paid during the design/preconstruction phase of the project and Eighty-Five Percent (85%) shall be paid during the construction phase of the project.

We look forward to continuing our relationship with the City of Ontario. Please do not hesitate to contact me with any questions.

Sincerely

Jason Howarth
Project Executive
Tilden-Coil Constructors
Building with Integrity Since 1938
P: 951.684.5901 Ext. 209
177

3 of 3

Tilden-Coil Constructors, Inc.

Billable Rates Ontario Convention Center Expansion

Rates include escalation through July 2028 and shall be subject to adjustment annually in alignment with the consumer price index for the area.

Position Hourly Rate
Project Executive $187.00
Production Director $187.00
Safety Officer $139.00
Sr. Project Manager $156.00
Sr. Superintendent $156.00
Project Manager $139.00
Assistant Project Manager $129.00
Superintendent $139.00
Area/Assistant Superintendent $127.00
Scheduler $158.00
BIM Manager $175.00
BIM Specialist $151.00
BIM Technician $135.00
TCC Survey $151.00
Preconstruction Manager $136.00
Sr. Project Engineer $124.00
Project Engineer $113.00
Estimator $106.00
Preconstruction Coordinator $64.00
Labor Compliance Coordinator $72.00
Accountant $108.00
Sr. Project Administrator $79.00
Project Administrator $70.00
Project Engineer Intern $43.00
Field Labor $103.00

178
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: 10
SUBJECT:

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

CITY OF ONTARIO
Agenda Report
July
2, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Solutions Agreement with CentralSquare Technologies, LLC., of Lake Mary, Florida, for the use of Computer-Aided Dispatch (CAD) and Records Management Systems (RMS), used by the Police and Fire Departments to extend the terms for one year with an optional renewal period for two years in the amount not-to-exceed $1,961,717.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Information Technology Fund for annual support services for CentralSquare, LLC. The annual licensing and support cost for year one was $313,202, and for year two was $328,863, and the cost of $50,700 was a one-time service fee plus a $50,000 contingency for training and conversion support for a total contract amount not-to-exceed $742,765.

The proposed Amendment term to the Solutions Agreement will be for one additional year, with an optional renewal period for two years, and increases the authorized contract amount by $1,218,952, which includes $348,762 for year one, $366,200 for year two, $384,510 for year three, a one-time fee for $8,580 and a 10% contingency fee in the amount of $110,900 for a total not-to- exceed contract amount of $1,961,717. The ﬁxed billing rates speciﬁed in the current Agreement will determine the amount charged for services and reﬂect the actual services provided. If approved, appropriations will be added to the future years' budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

The City’s Police and Fire Departments use a Computer-Aided Dispatch (CAD) to receive 911 calls and coordinate responses. The system provides software tools for the City’s dispatchers and the software used in the City’s Police vehicles. In addition to the CAD system, the Police Department uses CentralSquare’s Records Management System (RMS) to document law enforcement reports, manage cases, and compile crime statistics for reporting to 179
state and federal authorities.

In 2004, the City of Ontario implemented the CAD and RMS systems developed by Tiburon. Since then, Tiburon has undergone several acquisitions and is currently owned by CentralSquare. The version of the software the City uses presently is becoming obsolete and is not getting new features to keep it up-to-date and on par with newer software available in the marketplace.

In 2023, recognizing the need for an updated solution, City Staﬀ initiated a Request for Proposal (RFP) process. This comprehensive process was designed to solicit and evaluate new software options to replace the existing CAD and RMS systems. After a thorough review, a new software solution was selected, and Staﬀ is currently working on implementing these new systems.

Implementing the new CAD and RMS systems is a signiﬁcant undertaking that involves extensive planning, conﬁguration, training, and testing to ensure a seamless transition. The project is expected to be completed by late Spring of 2026.

Given the projected timeline, it is essential to maintain the current systems until the new ones are fully operational. Therefore, Staﬀ requests to renew and extend the existing licensing and support Agreement with CentralSquare for a one-year renewal with an optional two-year renewal period in the amount not to exceed $1,961,717. This extension will ensure that the City's emergency services continue to function without interruption, providing reliable support to the community while the transition is underway.
180
MORE INFORMATION AT CENTRALSQUARE.COM 1 | Confidential and Proprietary AMENDMENT #2 TO THE CENTRALSQUARE SOLUTIONS AGREEMENT

This Amendment (the “Amendment”) amends the CentralSquare Solutions Agreement entered into by and between CentralSquare Technologies, LLC (“CentralSquare”) and Ontario Police Department, CA (“Customer”) with an Effective Date of July 18th, 2023, as amended by Amendment #1 dated August 29, 2023 (the “Agreement”) expressly as provided for in this Amendment.

WHEREAS, Customer and CentralSquare desire to amend the Agreement to include additional software maintenance items and extend the term of the Agreement.

The Execution Date of this Amendment is the latest date shown on the signature page of this Amendment.

Customer and CentralSquare, intending to be legally bound, agree as follows:

1. Defined Terms. Except as otherwise set forth herein, each defined term in the Agreement has the meaning ascribed to that term in the Agreement when the term is used in this Amendment.

2. Amendment to and Modification of the Agreement.

The Agreement is amended and modified as follows:

a. To add annual software maintenance for Standard USDD Station Alert Interface and to add annual subscription fee for TC CAD Tablet Command Interface to Exhibit 1, as provided in Attachment 1. b. The Term shall be extended from July 18, 2024, to July 17, 2025. c. Customer shall have the option to renew the Agreement automatically for no more than two (2) successive additional one-year terms, unless earlier terminated by advance written notice as provided in the Agreement.

3. Integration Provision. Except as expressly modified by this Amendment, the Agreement shall remain in full force and effect. As of the Execution Date, the Agreement, as further amended by this Amendment constitutes the entire understanding of the parties as regards the subject matter hereof and cannot be modified except by written agreement of the parties.

CentralSquare Technologies, LLC Ontario Police Department, CA

BY: BY:

PRINT NAME: PRINT NAME:

PRINT TITLE: PRINT TITLE:

DATE SIGNED: DATE SIGNED:

181
MORE INFORMATION AT CENTRALSQUARE.COM 2 | Confidential and Proprietary ATTACHMENT 1
Solutions(s) and Services Fee Schedule

Payment Terms:
a. If applicable, License Fees are due on the Delivery Date. b. If applicable, Support & Maintenance Fees are due annually beginning prior to the first anniversary of the Delivery Date and annually thereafter.
c. If applicable, Annual Subscription Fees are due on the Delivery Date, and annually thereafter on the anniversary of the Delivery Date.
d. Annual Software Maintenance Fees and Annual Subscription Fees shall increase by 5% year over year. e. If applicable, non-subscription Hardware Fees are due on the Effective Date. f. If applicable, Third-Party Fees are due on the Effective Date. g. If applicable, Travel expenses shall be due as incurred, invoiced on a monthly basis for the travel expenses incurred in the preceding month.

Ontario Police Department, CA Y1 O ptional Y2 Optional Y3 Product Name Qty
7/18/2024 -
7/17/2025
7/18/2025 -
7/17/2026
7/18/2026 -
7/17/2027
TC CAD ASAP Interface Annual Subscription Annual Subscription Fee 1 $224,802.67 $236, 042.80 $247,844.94 E124617 Annual Maintenance Fee 1 $7,898.09 $8,292.99 $8,707.64 Escrow Annual Maintenance Fee 1 $0.00 $0.00 $0.00
GCT Annual Maintenance Fee 1 $3,276.75 $3,440.59 $3,612.62 LawRECORDS Annual Maintenance Fee 1 $69,115.90 $72,571.70 $76,200.28 MSS Annual Maintenance Fee 1 $0.00 $0.00 $0.00
911 Mapping Annual Maintenance Fee 1 $0.00 $0.00 $0.00
ARS/MobileCOM Annual Maintenance Fee 1 $13,834.14 $14,525.85 $15,252.14 Automated Vehicle Location (AVL) Annual Maintenance Fee 1 $0.00 $0.00 $0.00 CARS Data Warehouse Annual Maintenance Fee 1 $0.00 $0.00 $0.00 CommandCAD Annual Maintenance Fee 1 $0.00 $0.00 $0.00
Coplogic (TB) Annual Maintenance Fee 1 $10,039.35 $10,541.32 $11,068.38 Standard USDD Station Alert Interface Annual Maintenance Fee 1 $5,094.43 $5,349.15 $5,616.61 Total $334,061.33 $350,764.40 $368,302.62
Product Name Qty
3/18/2025 -
3/17/2026
3/18/2026 -
3/17/2027
3/18/2027 -
3/17/2028
TC CAD Tablet Command Interface (OP) Annual Subscription Fee 1 $14, 700.00 $15,435.00 $16,206.75 Total $14,700.00 $15,435.00 $16,206.75
182
MORE INFORMATION AT CENTRALSQUARE.COM 3 | Confidential and Proprietary Invoice Terms:

CentralSquare shall provide an invoice for the items in the schedule above no less than thirty (30) days prior to the due date.

ANCILLARY FEES
a. Customer is responsible for paying all taxes relating to this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide CentralSquare valid proof of exemption; otherwise, CentralSquare will invoice Customer and Customer will pay to CentralSquare all such tax amounts.
b. To the extent allowable by law, if Customer fails to make any payment when due, then CentralSquare may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly, or, if lower, the highest rate permitted under applicable law; and if such failure continues for 90 days following written notice thereof, CentralSquare may suspend performance or access until past due amounts have been paid.

183
Confidential and Proprietary

Summary of Services

Project: Ontario Police, CA: Change Order:TotalCOMMAND Rehost – Add Webquery The parties mutually agree and acknowledge this Summary of Services is a high-level overview of the project requested, not a detailed requirements or design of solution.

Project Scheduling
Parties agree a schedule will be provided for services within sixty (60) days from the execution of the above quote number.

Change Requests
The parties may request a change to this summary of services, to increase hours or deliverables, through a written request to the CentralSquare project manager or resource.

Professional Services
Throughout the course of the project, CentralSquare will use several types of services (defined herein) to complete the necessary steps for successful deployment of the contracted services. The overall services aligned to implementation include Project Management, Consulting Services, Technical Services, Data Conversion Services, Training Services, and in some cases, Installation Services.

Business Hours
All project services will be performed during normal business hours, defined as 8:00-5:00 PM Eastern Time. If Client desires to perform the services outside of these hours, additional fees will apply.

CentralSquare Connectivity to On-Premise Systems
The BeyondTrust/Bomgar and/or SecureLink remote support solutions shall be the method of remote access to on- premises customer systems and/or data. These solutions meet all requirements as contained in Section 5.5.6 of the FBI CJIS Security Policy (Remote Access). Use of either of these solutions enable customer agencies to remain CJIS compliant for purposes of FBI and/or state regulatory agency audits.

In addition to the above, the PSJ ProSuite application utilizes SSH connectivity to maintain a persistent connection to the appliance/s. The 911 application utilizes Kaseya for application and/or support needs. These solutions are only utilized for these specific applications in addition to Bomgar and/or SecureLink.

Services Scope of Project
The project includes the following scope of services.

The following Servers will be rehosted from their current Operating Systems and SQL Server Versions to the latest supported Operating Systems and SQL Server versions for the products.

Server List:

PD
-RMS-TST – WebQuery Server - - PD-RMS-TST also currently hosts the TRN RMS environment, but this will not be moved to the New server and will be retained on the PD-RMS-TST server.

High L evel Overview:
184
MORE INFORMATION AT CENTRALSQUARE.COM 2 | Confidential and Proprietary

CentralSquare Technical Services will validate all servers and migrate servers and services and lead the Go Live event.

CentralSquare RMS\Web Engineering will rehost the WebQuery application, deploy all necessary known patches to these specific applications, and be on Standby for the Go Live Event. CentralSquare engineering will install the Edge Compatible WebQuery and update the TC RMS system to point to the new Edge Browser on the rehosted server.

Project Order of Events
• Hardware\Virtual Specification review – aided by a sizing spreadsheet, DBA database growth projection. • Server deployment by Client.
• Server verification by Technical Services Engineer.
• Installation of CentralSquare software (Technical Services Engineer, Records Engineer). • Testing and validation of CentralSquare software.
• Add to Scheduled Go Live event.
• Go Live preparation.
• Go Live
Assumptions and Client Responsibilities
• Implementation will be carried out remotely during CentralSquare’s regular business hours unless specifically noted in Services Scope. Services are proposed for delivery during normal business hours. To ensure the success of every project and availability of support resources from Central Square and various third-party vendors, which vary from site to site, certain limitations are imposed, and a specific definition of business hours is defined.

Services outside of normal business hours shall be scheduled between the hours of 5pm EST Monday and be completed no later than 5pm EST Thursday and incur additional costs. Delivery of all services will be scheduled to avoid all Client, Central Square and/or nationally recognized holidays. • Client to supply hardware, virtualization software, Operating System licensing, SQL Server licensing and licensing of any other third-party hardware or software not specifically listed in the quote or Services Scope. • Client to install hardware, create virtual machines and install Operating Systems unless specified as a CentralSquare or partner responsibility in the quote or Services Scope. • Client will maintain remote connectivity to the site through CentralSquare’s preferred remote connectivity solution.
• CentralSquare staff will be permitted console access to all servers. • CentralSquare staff will be permitted SQL administrator access to all database instances. • Client will adhere to minimum specifications and disk space recommendations and guidelines as documented in the Minimum Specifications guidelines, VMWare Guidelines and the client-specific specifications documented by the CentralSquare project team as a project artefact.
• Client to ensure any client-installed third-party software (for example utilities for backups, antivirus) are certified to operate on the new operating system.
• The client will be responsible for any physical connections to the servers such as serial interface connections. • Client will adhere to CAD Network guidelines document regarding Firewalling, Backups and Antivirus on new servers.
• During the staging process no new builds or configuration changes are recommended in any environment to be rehosted. If necessary, changes are to be coordinated through the Project Manager as well as Client Support.

Some changes may require a Change Order to the project. • Any Software client and\or reports installation\reconfiguration, if needed, to be carried out by client • Client provides File Maintenance administrator access for any CAD installation. 185
MORE INFORMATION AT CENTRALSQUARE.COM 3 | Confidential and Proprietary

• Clients will ensure CAD Operators and Passwords desired in use for servers are documented and available for the installation team.
• It is assumed the server names and IP addresses of the old servers will be maintained for the new servers at the point of Go Live.
• The client is responsible for bringing the old servers online for the rest of the Go Live week on different IP addresses\machine names for reference purposes (and any potential roll back). After this period, they can be decommissioned.
• Does not include a production DR failover test unless specified in the Purchase Order. • The client is responsible for the migration of any customized SSRS reports and associated custom data sources from the old server to the new server. The client is responsible for re-implementing customized security ACLs on SSRS Report directories.
• Reported defects must first be verified not to be an issue in their current production environment before they will be corrected as part of the re-hosting effort. Any defects found that also exist in the current production environment will be resolved based on terms and conditions in the existing maintenance agreement. 186
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Quote #: Q-167954
Primary Quoted Solution: Tiburon
Quote expires on: August 13, 2024
Change Order in reference to: Q-134897
Quote prepared for:

Albert Ilizaliturri
Ontario Police Department
2500 S Archibald Ave
Ontario, CA 91761
9093952092

Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com.

WHAT SERVICES ARE INCLUDED?

DESCRIPTION TOTAL

1. Public Safety Development Services - Fixed Fee 5,460.00

2. Public Safety Project Management Services - Fixed Fee 1,560.00

3. Public Safety Technical Services - Fixed Fee 1,560.00

Services Total 8,580.00 USD

QUOTE SUMMARY

Services Subtotal

8,580.00 USD

Quote Subtotal

8,580.00 USD
187
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Quote Total 8,580.00 USD

WHAT ARE THE RECURRING FEES?

TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 0.00
FIRST YEAR RECURRING SERVICES TOTAL 0.00
The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance.

Annual Maintenance and Subscriptions renewals shall be due on the anniversary of the Delivery Date*. Annual Maintenance and Subscription Fees are subject to increase as outlined in the Master Agreement. *Delivery Date: For on-premise Solutions, Delivery shall be when CentralSquare delivers to Customer the initial copies of the Solutions outlined above by whichever the following applies and occurs first (a) electronic delivery, by posting it on CentralSquare’s network for downloading, or similar suitable electronic file transfer method, or (b) physical shipment, such as on a disc or other suitable media transfer method, or (c) installation, or (d) delivery of managed services server. Physical shipment is on FOB - CentralSquare’s shipping point, and electronic delivery is at the time CentralSquare provides Customer with access to download the Solutions. For cloud-based Solutions Delivery shall be whichever the following applies and occurs first when Authorized Users have (a) received log-in access to the Solution or any module of the Solution or (b) received access to the Solution via a URL.

BILLING INFORMATION

Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service, rather than the Unit Price displayed above.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
188
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Customer on the Quote Form.

PAYMENT TERMS

License Fees & Annual Subscriptions
- 100% Due Upon Contract Execution
Contract Startup
- 100% Due Upon Contract Execution
Hardware & Third-Party Software
- 100% Due Upon Contract Execution
Services
- Fixed Fee: 100% Due Upon Completion of Services
- Time & Material: Due as Incurred
Third-Party Services
- Fixed Fee: 50% Due Upon Contract Execution; 50% Due Upon Completion - Time & Material: Due As Incurred
Travel & Living Expenses
- Due as Incurred

PURCHASE ORDER INFORMATION

Is a Purchase Order (PO) required for the purchase or payment of the products on this Quote Form? (Customer to complete) Yes [ ] No [ ]
Customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement, or in the absence of such, are void and will have no legal effect.

PO Number:

Initials:
189
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Ontario Police Department

Signature:

Name:

Date:

Title:
190
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Quote #: Q-167954
Primary Quoted Solution: Tiburon
Quote expires on: August 13, 2024
Change Order in reference to: Q-134897
Quote prepared for:

Albert Ilizaliturri
Ontario Police Department
2500 S Archibald Ave
Ontario, CA 91761
9093952092

Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com.

WHAT SERVICES ARE INCLUDED?

DESCRIPTION TOTAL

1. Public Safety Development Services - Fixed Fee 5,460.00

2. Public Safety Project Management Services - Fixed Fee 1,560.00

3. Public Safety Technical Services - Fixed Fee 1,560.00

Services Total 8,580.00 USD

QUOTE SUMMARY

Services Subtotal

8,580.00 USD

Quote Subtotal

8,580.00 USD
191
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Quote Total 8,580.00 USD

WHAT ARE THE RECURRING FEES?

BILLING INFORMATION

Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.
192
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

PAYMENT TERMS

PURCHASE ORDER INFORMATION

PO Number:

Initials:
193
Quote prepared on:

February 15, 2024
Quote prepared by:

Jill Zimmerman
[email protected] Change Order
MORE INFORMATION AT CENTRALSQUARE.COM

Ontario Police Department

Signature:

Name:

Date:

Title:
194
ATTACHMENT 2
Amendment #1 to the CentralSquare Solutions Agreement

195

Page 1 of 10 ends

AMENDMENT #1 TO THE CENTRALSQUARE SOLUTIONS AGREEMENT

This Amendment (the “Amendment”) amends the CentralSquare Solutions Agreement entered into by and between CentralSquare Technologies, LLC (“CentralSquare”) and Ontario Police Department, CA (“Customer”) with an Effective Date of July 18th, 2023 (the “Agreement”) expressly as provided for in this Amendment.

WHEREAS, the Ontario Police Department would like to purchase TotalCOMMAND Rehost Services as seen in Attachment 1.

The Execution Date of this Amendment is the latest date shown on the signature page of this Amendment.

Customer and CentralSquare, intending to be legally bound, agree as follows:

1. Defined Terms. Except as otherwise set forth herein, each defined term in the Agreement has the meaning ascribed to that term in the Agreement when the term is used in this Amendment.

2. Amendment to and Modification of the Agreement.

The Agreement is amended and modified as follows:

- The TotalCOMMAND Rehost will be added to the CentralSquare Solutions Agreement (found in Attachment 2) for the services and costs set forth in Attachment 1. The costs for the TotalCOMMAND Rehost will be due in accordance with the Payment Schedule set forth below:

o Payment Schedule:

Services

50% due upon execution of this Amendment

50% due upon completion of Services

CentralSquare Technologies, LLC Ontario Police Department, CA

BY: BY:

PRINT NAME: PRINT NAME:

PRINT TITLE: PRINT TITLE:

DATE SIGNED: DATE SIGNED:

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC Ron Anderson
Chief Sales Officer
8/29/2023
Darlene M. Sanchez
Assistant City Manager
8/29/2023
196
MORE INFORMATION AT CENTRALSQUARE.COM

ATTACHMENT 1
Quote and Summary of Services

Quote #: Q-134897
Primary Quoted Solution: Tiburon
Quote expires on: August 31, 2023
Quote prepared for:

Jordan Villwock
Ontario Police Department
2500 S Archibald Ave
Ontario, CA 91761
9093952092

Thank you for your interest in CentralSquare. CentralSquare provides software that powers over 8,000 communities. More about our products can be found at www.centralsquare.com.

WHAT SERVICES ARE INCLUDED?

DESCRIPTION TOTAL

1. Public Safety Development Services - Fixed Fee 9,360.00

2. Public Safety Project Management Services - Fixed Fee 8,580.00

3. Public Safety Technical Services - Fixed Fee 32,760.00

Services Total 50,700.00 USD

QUOTE SUMMARY

Services Subtotal

50,700.00 USD

Quote Subtotal

50,700.00 USD
DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 197
MORE INFORMATION AT CENTRALSQUARE.COM

Quote Total 50,700.00 USD

WHAT ARE THE RECURRING FEES?

TYPE AMOUNT
FIRST YEAR MAINTENANCE TOTAL 0.00
FIRST YEAR SUBSCRIPTION TOTAL 0.00

The amount totals for Maintenance and/or Subscription on this quote include only the first year of software use and maintenance. Renewal invoices will include this total plus any applicable uplift amount as outlined in the relevant purchase agreement.

This Quote is not intended to constitute a binding agreement. The terms herein shall only be effective once incorporated into a definitive written agreement with CentralSquare Technologies (including its subsidiaries) containing other customary commercial terms and signed by authorized representatives of both parties.

BILLING INFORMATION

Fees will be payable within 30 days of invoicing.

Please note that the Unit Price shown above has been rounded to the nearest two decimal places for display purposes only.

Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This is not an invoice.

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 198
MORE INFORMATION AT CENTRALSQUARE.COM

PURCHASE ORDER INFORMATION

PO Number:

Initials:

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 199
Confidential and Proprietary

Summary of Services

Project: Ontario Police, CA, TotalCOMMAND Rehost.

The parties mutually agree and acknowledge this Summary of Services is a high-level overview of the project requested, not a detailed requirements or design of solution.

Project Scheduling
Parties agree a schedule will be provided for services within sixty (60) days from the execution of the above quote number.

Change Requests
The parties may request a change to this summary of services, to increase hours or deliverables, through a written request to the CentralSquare project manager or resource.

Services Scope of Project
The project includes the following scope of services.

The following Servers will be rehosted from their current Operating Systems and SQL Server Versions to the latest supported Operating Systems and SQL Server versions for the products.

Note for Disaster Recovery SQL Server protected systems the SQL Server version of Production must match the SQL Server version of the DR site.

Note: In some cases, SQL Server versions must match between certain server groups – example of these being SQL Replication partners, SQL Server versions per product across installed instances (i.e. Production and Test must match for refresh purposes), SQL Server versions for integrated products within a product line, SQL Cluster nodes:

Server Name

Applications

ont-pdcadmss01 CommandCAD, 911 Map, RfmtDESIGNER, Paging I/F, State Interface

ont-pdcadapp01

CommandCAD, 911 Map

PD-caddb

File Maintenance, LVS- Test

PD-CADDBCL

CAD Database Server

TESTCAD11271

CommandCAD, 911 Map, RfmtDESIGNER - TEST

PD-WHdb

911 Map, Distribution

PD-CADFM

File Maintenance, LVS

CADSITE2

CommandCAD, File Maintenance, 911 Map, AMR Interface PAMR printer - SITE 2 DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 200
MORE INFORMATION AT CENTRALSQUARE.COM 2 | Confidential and Proprietary

ONT-PDCADMAP

MapSetup

PD-WHDBCL Data Warehouse

High Level Overview:

CentralSquare Technical Services will validate all servers and migrate all other servers and services and lead the Go Live event.

CentralSquare DBA will migrate databases, logins, jobs, and additional database instance configuration.

Neither RMS nor WebQuery will be rehosted in this project. To allow for CentralSquare and the Ontario Police Department to test CAD on the rehosted servers (Preproduction), a copy of the current production WebQuery application will be installed on the current WebQuery production server with the configuration pointed to the new CAD environment, and unit test to confirm connectivity. WebQuery testing will be remotely supported. During cutover, it is assumed the new CAD server IP addresses will be updated to be the same as the current CAD production servers, allowing the existing WebQuery application to connect as it currently does. After the Ontario Police Department is live on the new servers and stable, the duplicated WebQuery environment will be removed.

The CAD interfaces team will remotely support the installation team should they encounter any issues rehosting or the client report any issues during testing or cutover.

Prior to the rehost, Ontario Police Department must upgrade their existing CAD application from 2.9.1.23.88 to the latest available 2.9.2 version as the 2.9.1 version is not compatible to run on the Windows Server 2022 Operating System.

There is no cost for upgrading the application version. The client must reach out to CST Support to request an upgrade and promote the new version into production after testing.

After the rehost is completed Ontario Police Department can request a 2.10 version upgrade following the same process.

Project Order of Play:

• Internal Kickoff Meeting, Project Review
• Project Assignments, Staff clearances and site connectivity verification • Client Kick off meeting (to include Technical Services Engineer, Interface Engineer, DBA, Records Engineer, or managers)
• Development of schedule and timeline
• Hardware\Virtual Specification review – aided by a sizing spreadsheet, DBA database growth projection • Server deployment by Client
• Server verification by Technical Services Engineer
• Installation of SQL Server (either CentralSquare or CentralSquare to provide documentation and verification) • DBA review, verification, and modification of SQL installation. • Migration of databases (from backups, for staging). Timing of database migration. • Migration of SQL Users, jobs
DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 201
MORE INFORMATION AT CENTRALSQUARE.COM 3 | Confidential and Proprietary

• Installation of CentralSquare software and interfaces (Technical Services Engineer, Records Engineer, Interface Engineer)
• Testing and validation of CentralSquare software
• Testing of CentralSquare interfaces if supported by Client and third party. • WebQuery Testing
• Schedule Go Live event.
• Go Live preparation.
• Go Live:
o Log off users, Database in Read only mode
o Final backup
o Shut down\disable database server SQL instance
o Migrate and restore database(s)
o Rename and Re-IP Database server and SQL instance
o DBA validation, configure and run backup
o Database server brought into operation
o Rename and Re-IP old server and bring online
o On each additional server, shutdown of applications\services to prevent logins or configuration changes, rename and re-IP of servers, bring new server online and test application sand interfaces in turn. o Bring each old server up on different names and IP addresses (for reference purposes) o Troubleshoot any issues
o After Client sanction, shut down old machines. Client to decommission.

Assumptions and Client Responsibilities
• The current WebQuery server has sufficient disk space and memory to allow for a second instance (copy) to be installed and run.
• Implementation will be carried out remotely during CentralSquare’s regular business hours unless specifically noted in Services Scope. Services are proposed for delivery during normal business hours. To ensure the success of every project and availability of support resources from Central Square and various third party vendors, which vary from site to site, certain limitations are imposed, and a specific definition of business hours is defined. For the purpose of scheduling such activities, business hours are defined as 9am-5pm EST, Monday thru Friday, excluding holidays. Services outside of normal business hours shall be scheduled between the hours of 5pm EST Monday and be completed no later than 5pm EST Thursday and incurs additional costs. Delivery of all services will be scheduled to avoid all client, Central Square and/or nationally recognized holidays. • Client to supply hardware, virtualization software, Operating System licensing, SQL Server licensing and licensing of any other third party hardware or software not specifically listed in the quote or Services Scope. • Client to install hardware, create virtual machines and install Operating Systems unless specified as a CentralSquare or partner responsibility in the quote or Services Scope. • Customer installs SQL server per CentralSquare guidelines or provides SQL Media and license key for CentralSquare installation.
• Client will maintain remote connectivity to the site either through CentralSquare’s preferred remote connectivity solution, or a mutually agreed upon alternative. • CentralSquare staff will be permitted console access to all servers. • CentralSquare staff will be permitted SQL administrator access to all database instances.

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 202
MORE INFORMATION AT CENTRALSQUARE.COM 4 | Confidential and Proprietary

• Client will adhere to minimum specifications and disk space recommendations and guidelines as documented in the Minimum Specifications guidelines, VMWare Guidelines and the client-specific specifications documented by the CentralSquare project team as a project artefact.
• Client to ensure any client-installed third party software (for example utilities for backups, antivirus) are certified to operate on the new operating system.
• Client will be responsible for any physical connections to the servers such as serial interface connections. • Client will adhere to CAD Network guidelines document regarding Firewalling, Backups and Antivirus on new servers.
• Client will ensure NICs conform to CAD Network Guidelines and appropriate ports are open for CAD join operation and communication with database, and client connection to distribution points. • During the staging process no new builds or configuration changes are recommended in any environment to be rehosted. If necessary, changes are to be coordinated through the Project Manager as well as Client Support.

Some changes may require a Change Order to the project. • Any Software client and\or reports installation\reconfiguration, if needed, to be carried out by client • Third party interface network access to new SQL databases the responsibility of the client. Client to notify third party vendors of the server move to line up support as necessary. • Client is responsible for setting up Printer drivers for printers on the servers where they are required. • Client provides File Maintenance administrator access for any CAD installation. • Client will ensure CAD Operators and Passwords desired in use for servers are documented and available for the installation team.
• It is assumed the server names and IP addresses of the old servers will be maintained for the new servers at the point of Go Live.
• Client is responsible for bringing the old servers online for the rest of the Go Live week on a different IP addresses\machine names for reference purposes (and any potential roll back). After this period, they can be decommissioned.
• Does not include a production DR failover test unless specified in the Purchase Order. • Client will assist with any network copy operations for database migrates. • If Oracle is the database platform the Oracle client installation and reconfiguration, if needed, will be carried out by the Client.
• Client is responsible for the migration of any customized SSRS reports and associated custom data sources from the old server to the new server. Client is responsible for re-implementing customized security ACLs on SSRS Report directories.
• Reported defects must first be verified not to be an issue in their current production environment before they will be corrected as part of the re hosting effort. Any defects found that also exist in the current production environment will be resolved based on terms and conditions in the existing maintenance agreement.

Project Management
Even in smaller, less complex projects, there needs to be a point of contact and someone driving a project to successful completion. CentralSquare’s Implementation Methodology ensures a project has the right amount of oversight needed to successfully complete the work, no more no less. A CentralSquare Project Manager will be your point of contact for the scoped work with you to develop a timeline to meet your needs, drive the timeline to completion, work to resolve any issues that may arise during the life of the project, all while keeping you up to date so you have the peace of mind your project is on track for a successful completion.

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 203
MORE INFORMATION AT CENTRALSQUARE.COM 5 | Confidential and Proprietary

Professional Services
Throughout the course of the project, CentralSquare will use several types of services (defined herein) to complete the necessary steps for successful deployment of the contracted services. The overall services aligned to implementation include Consulting Services, Technical Services, Data Conversion Services, Training Services, and in some cases, Installation Services.

DocuSign Envelope ID: 37EC6F8D-BE53-4722-9191-F5AF3C2BA7EC 204
ATTACHMENT 3
CentralSquare Solutions Agreement
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
Department: Development Administration
Prepared By: Jessica
Ban
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Matthew Hernandez, Scott
Murphy
Approved By:

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

A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF23-002) BETWEEN THE CITY OF ONTARIO AND KL LB BUY 1 LLC, FOR FACILITY CONSTRUCTION ASSOCIATED WITH TRACT MAP 20529 (FILE NO. PMTT22-010), LOCATED 400 FEET SOUTHWEST OF CHINO AVENUE AND MILL CREEK AVENUE,

WITHIN THE RICH-HAVEN SPECIFIC PLAN

CITY OF ONTARIO
Agenda Report
July
2, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the Development Impact Fee Credit Agreement (File No. PDIF23-002) between the City of Ontario and KL LB BUY 1 LLC, for the facilities construction associated with Tract Map 20529 (PMTT22-010), located 400 feet southwest of Chino Avenue and Mill Creek Avenue, within the Rich-Haven Speciﬁc Plan, and authorize the City Manager, or his designee, to execute the Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Approval of the proposed Development Impact Fee (DIF) Credit Agreement (File No. PDIF23-002) will not result in any ﬁscal impact to the City’s General Fund. The project’s Development Agreement (File No. PDA22-001) and related conditions require KL LB BUY 1 LLC (“Developer”) to construct DIF program infrastructure with estimated costs of $495,834. The proposed DIF Credit Agreement deﬁnes the amount of DIF credit that the Developer may be eligible to receive for construction of the improvements. The DIF credit that the Developer will receive upon completion of the improvements may be exchanged for a refund of the DIF fees paid by the Developer (up to the Developer’s maximum DIF obligation) in the respective DIF category.

227
BACKGROUND & ANALYSIS:

On November 22, 2022, the City Council approved the Development Agreement (File No. PDA22-001) between the City of Ontario and BrookCal Ontario LLC, the original owner for Tract Map 20529. On December 29, 2023, the Development Agreement was assigned to the Developer and included the construction of necessary infrastructure to serve the project development.

In accordance with the Development Agreement and related conditions, the Developer is required to construct DIF Program infrastructure to serve Tract Map 20529. Improvement includes installation of storm drain facilities on Twinkle Avenue.

Pursuant to the City's adopted DIF Credit and/or Reimbursement policies, construction of DIF Program facilities requires the Developer and the City to enter into a DIF Credit and/or Reimbursement Agreement ("Agreement"), which speciﬁes the infrastructure to be constructed by the Developer and includes an estimate of the maximum DIF credit that may be applied in the applicable Regional/Local DIF categories. This infrastructure improvement is within the Ontario Ranch storm drain category. Since the maximum eligible costs in the Agreement for the required infrastructure exceeds the Developer’s DIF obligation, the Developer is eligible to receive DIF Credit under the proposed Agreement.

The proposed Agreement complies with the City's DIF policies and conforms with the approved Development Plan and associated Condition of Approval. Under the provisions of the City's DIF Program, the City Manager is authorized to execute this Agreement upon approval by the City Council.
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry Noh
Approved By:

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

AN ORDINANCE ADOPTING A DEVELOPMENT CODE AMENDMENT ESTABLISHING HISTORIC PRESERVATION - ADAPTIVE REUSE PLANS, FILE NO. PDCA24-002

CITY OF ONTARIO
Agenda Report
July
2, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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

PDCA24-002, a Development Code Amendment revising Table 2.02-1: Reviewing Matrix of Chapter 2 (Administration and Procedures) to include the Fire Marshal as an Approving Authority, and Chapters 4 (Permits Actions and Decision) and 7 (Historic Preservation) to establish Historic Preservation - Adaptive Reuse Plan of the City of Ontario Development Code.

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.

BACKGROUND & ANALYSIS:

On June 18, 2024, the City Council introduced and waived further reading of an ordinance approving the Development Code Amendment. Staﬀ has initiated a Development Code Amendment to allow for the establishment of Historic Preservation - Adaptive Reuse Plans and processing procedures, generally described as follows:
(1) Amend Division 2.02 (Application Filing and Processing), revising Table 2.02-1: Reviewing Matrix to include the Fire Marshal as an Approving Authority;
(2) Amend Division 4.03 (Ministerial Permits and Decision) by adding processing procedures, requirements, and eligibility for an adaptive reuse plan approval; and (3) Amend Division 7.01 (Historic Preservation) to add Historic Preservation - Adaptive Reuse Plan as an incentive.

The Amendment will target adaptive reuse (or change of building classiﬁcation/occupancy) of designated historic buildings to multiple-family residential, oﬃce, commercial, work/live, or retail while removing construction barriers related to zoning, building, and ﬁre code compliance. In turn, the adaptive reuse program will further incentivize preservation of historically signiﬁcant resources, streamline the review and approval process by waiving the development plan review, reduce 261
underutilized sites, reduce demolition, and foster sustainable community development.

Adaptive reuse programs rely upon the California Historic Building Code, International Existing Building Code, and California Health and Safety Code to provide the authority for the Building Oﬃcial and Fire Marshal to consider alternative building standards and methods of construction while ensuring adequate health and safety protections for the new use. Relief of strict zoning requirements or allowance of nonconforming site conditions, such as setbacks, parking, open space for residential use, and height, may be considered by the Planning Director. The Fire Marshal, Building Oﬃcial and Planning Director (Approving Authority) may approve Adaptive Reuse Plans through a ministerial process, however the Approving Authority shall ﬁrst ﬁnd that special individual reasons make the strict letter of the local codes impractical and the modiﬁcation is in compliance with the intent and purpose of the local codes and that such modiﬁcation does not lessen health, life and safety requirements. The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended Ordinance.

PLANNING COMMISSION REVIEW AND ACTION
: On May 28, 2024, the Planning Commission
conducted a public hearing to consider the proposed Development Code Amendment. Upon conclusion of the public hearing, the Planning Commission voted unanimously (5-0) to approve Resolution No. PC24-016, recommending the City Council approve the proposed Development Code Amendment.

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 TOP. Goals and policies of TOP that are furthered by the proposed Development Code Amendment are addressed in the attached Planning Commission backup material.

ENVIRONMENTAL REVIEW:

The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a signiﬁcant eﬀect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a signiﬁcant eﬀect on the environment, the activity is not subject to CEQA.
262
ATTACHMENT A:

Development Code Amendment
File No. PDCA23-001
PART I. Division 2.02—Application Filing and Processing Revise Table 2.02-1 (Review Matrix) as follows:
263
Attachment A
File No. PDCA24-002
2 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
R X

4. Amendment to the Policy Plan (General Plan)
Component of The Ontario Plan [1] (Ref: ODC Section

4.01.025)
R X

5. Planned Unit Developments and Amendments
[1] (Ref: ODC Section 4.01.030)
R X

6. Specific Plans and Amendments [1][12] (Ref:

ODC Section 4.01.035)
R X

7. Williamson Act Contract Cancellations [1] (Ref:

GC Section 51200 et.seq.)
R X

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1] (Ref: ODC
Section 4.02.010)
R X

2. Conditional Use Permits (Ref: ODC Section

4.02.015)
a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]
R X A
c. Use established within an existing structure
[1]
X A A
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
X A
e. Revocation due to abandonment of use
per ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X A A

3. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other Incentives) [1]
R X

4. Development Plans, except within the ONT
zoning district (Ref: ODC Section 4.02.025)
264
Attachment A
File No. PDCA24-002
3 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a. Residential developments totaling 5 or
more dwelling units or the development of 3 or more
dwelling units on a single lot or parcel
R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS- C and UC zoning
districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or less
than 0.45 FAR
X A A
d. Industrial developments exceeding 0.45
FAR
R X A
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A

5. Extensions of Legal Nonconforming Status [1]
(Ref: ODC Section 4.02.030)
X A A

6. Historic Preservation
a. Certificates of Appropriateness(Ref: ODC
Section 4.02.050)
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas;
and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure [1] R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1] (Ref:

ODC Section 4.02.055) [1]
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC Section

4.02.060)
X A A
265
Attachment A
File No. PDCA24-002
4 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local District
Designations, and Architectural Conservation Areas
(Ref: ODC Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources to/from
the Ontario Register (Ref: ODC Section 4.02.045)
(1) At the request of the property owner,
or upon City initiation if the most recently prepared
Historic Resource Survey evaluating the resource is more than 5 years old.

X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss of
integrity, or due to extensive legally performed
alterations performed after the property was initially
surveyed.

X A A

7. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A

9. Nonconforming Structure Reconstruction [1]
(Ref: ODC Section 3.01.020)
X A

10. Parking Reduction (Ref: ODC Section 6.03.025) X A

11. Sign Programs (Ref: ODC Section 4.02.075) X A A

12. Specific Plan Minor Adjustments/Alterations
[12] (Ref: ODC Section 4.02.080)
X A A

13. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

14. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
266
Attachment A
File No. PDCA24-002
5 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A

15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A

16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND

DECISIONS

1. Historic Preservation- Adaptive Reuse Plans
(Ref: ODC Section 4.03.010)
X X X

2. Administrative Exceptions (Ref: ODC Section

4.03.050)
X A A

3. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

4. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning Compliance)
X A A

5. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A

6. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X A A

7. Interpretations and Land Use Determinations
(Ref: ODC Section 1.02.010)
X A A

8. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)
X A A

9. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)
X A A

10. ONT ALUCP Interagency Review [7] (Ref: ONT
ALUCP)
X A[8]

11. Other Plan Checks and actions required by this
Development Code
X A A

12. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A

13. Sign Plans (Ref: ODC Section 4.03.020) X A A
267
Attachment A
File No. PDCA24-002
6 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

14. X A A

15. Subdivisions
a. Certificates of Compliance (Ref: ODC
Section 4.03.025)
X A A
b. Final Tract and Parcel Maps, and Vesting
Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC Section

4.03.035)
X A A
d. Map Corrections and Amendments (Ref:

ODC Section 4.03.040)
X A A
e. Street Address Numbering (Ref. ODC
Section 6.06.010)
X A A
f. Street Name Assignment (Ref. ODC
Section 6.06.010)
X A A
g. Subdivision Improvement Agreement
(Ref: ODC Section 6.08.040.G)
X A A
h. Urban Lot Split (Ref: ODC Section 6.08.060 X A A

16. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A

17. Wall, Fence, and Obstructions Plans not
associated with a Development Plan (Ref. ODC Section

6.02.005)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS

1. Environmental Impact Reports (EIRs) (Ref: CCR
Section 15080 et seq.)
X[3] X[3]

2. Exempt Projects (Ref: CCR Section 15300 et
seq.)
X[3] X[3] X[3] X[3] X[3] A A

3. Ministerial Projects (Ref: CCR Section 15268) Ministerial projects are exempt from the requirements of CEQA [10]

4. Negative Declarations (NDs) and Mitigated
Negative Declarations (MNDs) (Ref: CCR Section 15070
et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]

5. Addendums to previously certified EIRs and
previously adopted NDs and MNDs (Ref: CCR Section
15164)
X[3] X[3] X[3] X[3] X[3] X[3]

6. Environmental review for projects located
within the ONT zoning district [9]
X
268
Attachment A
File No. PDCA24-002
7 PART II. Division 4.03 —Ministerial Permits and Decision Add Section as follows:

Sections:

4.03.010: Historic Preservation—Adaptive Reuse Plan

4.03.010: Historic Preservation—Adaptive Reuse Plan
A. Purpose. The purpose of this Section is to establish a procedure by which Adaptive Reuse Plans may be approved by the City, while at the same time:

1. Provide a more efficient way for qualified historic buildings and adaptive reuse projects to meet development, building, and fire protection standards;

2. Promote adaptive reuse as part of broader goals supporting historic preservation, economic development, environmental sustainability and resilience, and recognize the social value of historic buildings;

3. Incentivize building reuse to encourage activation of Downtown Ontario where there is a large collection of commercial and industrial historic buildings that are worthy of preservation;

4. Eliminate or allow nonconformance with certain development regulations that would make adaptive reuse of qualified historic buildings infeasible, including such standards related to parking and loading, height, density, floor-area ratio, and open space; and

5. Allow alternative building and fire code compliance for qualified adaptive reuse projects able to demonstrate an alternative means or method of protecting public health, safety, and welfare.

B. Applicability.

1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Adaptive Reuse Plan application, and to impose reasonable conditions upon the approval of the application.

2. Adaptive Reuse Plan approval shall allow for those land uses identified in Table

5.02-1 (Land Use Matrix) of this Development Code which allows for a broad range of land uses of the underlying zoning district in which the site is located. However, no new uses that emits noxious odors or excessive noise shall be allowed, unless the it can be demonstrated to the satisfaction of the Planning Director that the use will not cause adverse impacts to nearby residential land uses.

3. Qualifying buildings include those listed on the National Register of Historic Places, on the California Register of Historic Resources, Ontario Register of Historic Resources as designated local landmarks or contributors to designated local historic districts located within the Adaptive Reuse Plan Area.

4. Adaptive Reuse projects are construction and remodeling projects that reconfigure existing spaces within existing buildings to accommodate a new use or purpose other 269
Attachment A
File No. PDCA24-002
8 than what it was originally designed for. Adaptive Reuse projects require a change of use and building occupancy from office or commercial to residential, industrial to work/live, residential to office or commercial, or assembly to residential, office or commercial.

5. Application Filing and Processing. An Adaptive Reuse Plan application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Plans and reports prepared for an Adaptive Reuse Plan shall be prepared by a California licensed architect meeting the minimum qualifications standards of The Secretary of the interior Professional Qualifications (Code of Federal Regulations, 36 CFR Part 61).

C. Adaptive Reuse Plan Area. This area consists of the City’s original downtown, and extends north to include the historic districts adjacent to Euclid Avenue, the boundary of which is as follows:

Beginning at the intersection of the centerlines of State Street and San Antonio Avenue, thence north to the northernmost city boundary, thence east to the centerline of Sultana Avenue, thence south to the centerline of I Street, thence east to the centerline of Campus Avenue, thence south to the centerline of State Street, thence west to the point of beginning.

D. Alternative Building and Fire Code Regulations. The alternative building and fire codes regulations adopted in this Section are applicable to qualified buildings and adaptive reuse projects.

1. Alternative Codes. Use of the California Historic Building Code, International Existing Building Code, California Health and Safety Code and the Ontario Adaptive Reuse Plan Technical Manual shall provide a process and the ability for the Building Official and Fire Marshal to consider alternative building standards while ensuring adequate health and safety protections.

2. In permitting repairs, alterations, and additions necessary to accommodate adaptive reuse projects, the alternative code regulations shall impose requirements that will, in the determination of the Building Official and the Fire Marshal, protect the public health, safety, and welfare.

3. Nothing in this Section shall be construed to allow the reduction of existing seismic or fire and life-safety elements of an eligible building where such elements provide a greater level of protection than the minimum requirements established by this Section.

4. Subject to the approval of the Building Official and Fire Marshal, the use or occupancy type of a qualified building shall be allowed to be changed as part of an adaptive reuse project without conforming to all requirements of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code provided the new or proposed occupancy is equally or less hazardous, based on life and fire risk, than the existing use.

5. Whenever there are practical difficulties involved in carrying out the provisions of Title 8, Building Regulations, and Title 4, Chapter 4, Fire Code of the City of Ontario Municipal Code, the Building Official and Fire Marshal shall have the authority to grant modifications for individual cases, provided the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements.
270
Attachment A
File No. PDCA24-002
9 E. Incentives. The Planning Director may grant the following departures from certain development standards and requirements to incentivize qualified Adaptive Reuse Plans:

1. Development Plan Waived. Approved Adaptive Reuse Plans, which may allow for new additions up to 25 percent of the existing building floor area and is not visible from the public right-of-way, shall be exempt for the requirements for Development Plan review set forth in Section

4.02.025.

2. Mezzanines. Loft spaces in joint living and work quarters, dwelling units and guest rooms which do not exceed more than 33 percent of the floor area of the space below shall not be considered new floor area. Mezzanines may be included in the calculation of floor area for the purpose of determining compliance with the standards set forth in Paragraph (E) of this subdivision.

3. Parking Reduction. New parking spaces shall not be required for any converted use within the existing footprint of the building, but expansions to floor area shall require one parking space per bedroom or one parking space per 250 square feet of gross floor area for office or commercial.

4. Setbacks. Existing building setbacks may remain and shall be considered legally nonconforming, but no further encroachments shall be permitted into any nonconforming setback.

5. Increases in Maximum Building Height. The height of the structure, if it exceeds the maximum height of the zoning district, may remain and shall be considered legally nonconforming. Any rooftop construction needed for drainage, ventilation, utilities, or passive recreation shall be included within the height exemption. This height exemption does not include new residential or commercial floor area.

6. Open Space. Private open space for residential adaptive reuse projects may be waived when it is determined by the Approving Authority that the requirement would result in exterior alterations to the existing building that would result in an adverse impact to a historic resource. A minimum of 100 square feet of common open space per residential unit or 25 percent of the building square footage, whichever is less, shall be required and may be provided on the rooftop of the building or within the building and include various type of indoor amenities such as fitness center, workstations, playrooms, etc.

7. Loading Zone. A new loading zone shall not be required if the existing building does not have an existing loading zone.

F. Standards. Adaptive Reuse Projects permitted pursuant to this subdivision shall be developed in compliance with the following standards:

1. Minimum Dwelling Units. Adaptive reuse projects that propose residential shall develop no less than 3 units . The minimum floor area for new dwelling units and joint living and work quarters shall be 450 square feet. Floor area shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. The floor area of both the living space and the workspace shall be combined to determine the size of joint living and work quarters. The average floor area, as defined above, of all the dwelling units and joint living and work quarters in the building, including those that existed prior to the effective date of this ordinance, shall be at least 750 square feet. That minimum average size shall be maintained and not reduced.
271
Attachment A
File No. PDCA24-002
10 2. Storefront. Ground floor of an existing multiple level commercial building shall contain street frontage and shall be used as a commercial storefront. Residential on ground may occur at the rear of the building behind the storefront.

3. Exterior or Interior (Public Space) Alterations. A Certificate of Appropriateness pursuant to Section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources is required for any alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource.

4. Other Provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, and any other development standard of the underlying zone may be waived by the Approving Authority.

G. Conditions of Approval.

1. In approving an Adaptive Reuse Plan, the Planning Director may impose certain safeguards and standards to ensure that the purposes of this Development Code are maintained; ensure that the permit will not endanger the public health, safety or general welfare; ensure that the permit will not result in any significant environmental impacts; ensure that the permit will be in harmony with the area in which it is located; and ensure that the permit will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).

2. The standards and requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.

H. Findings and Decision . An Adaptive Reuse Plan, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. That the use(s) of the property will not be detrimental to the public health, safety and general welfare surrounding the project location;

2. That the Adaptive Reuse Project complies with the standards set forth in Section

4.03.010 (F) of this Development Code; and

3. A Certificate of Appropriateness has been approved or Waived for the Adaptive Reuse Plan.

PART II. Division 7.01 —Historic Preservation
Revise Section 7.01.025 (C) Types of Incentives, as follows:

C. Types of Incentives. The below-listed incentives may be used for the eligible projects identified in Subsection B (Applicability) of this Section.

1. Economic and Financial Incentives. The following economic and financial incentives may be applied to a project following approval by the Historic Preservation Commission or the Historic Preservation Trust Board of Trustees, as applicable, and approval by the City Manager or the City Council, as applicable:
272
Attachment A
File No. PDCA24-002
11 a. Grants or loans approved through the Historic Preservation Trust pursuant to Section 7.01.030 (Historic Preservation Trust Fund) of this Division; b. Approval of a Mills Act contract pursuant to Section 4.02.070 (Historic Preservation—Mills Act Contracts) of this Development Code; c. Approval of funding through the Historic Rehabilitation Financing Program pursuant to Section 7.01.015 (California Historical Building Code) of this Division; d. Grants or loans through other City funding sources, including, but not limited to, redevelopment and housing funds;
e. Preservation easements;
f. Reduction or elimination of building plan check or permit fees; g. Reduction or elimination of development impact fees; h. Reduction or elimination of any other applicable City fees; or i. Federal rehabilitation tax credits (applied through the California Office of Historic Preservation).

2. Development Incentives. The following development incentives to be applied to the project:
a. California Historical Building Code. Use of the CHBC pursuant to Section

7.01.015 (California Historical Building Code) of this Division. b. Parking Reduction. For existing single-family dwellings with a one-car garage, the Planning Director may waive the requirement for 2 off-street parking spaces within a garage when adding floor area, if an existing one-car garage contributes to the significance of the property and/or district, and the existing garage is in good condition, or, if deteriorated, will be returned to good condition as part of the work to add new living space to the residence. c. Setback Reductions and Increases in Maximum Building Height. The Planning Director may grant reductions in required building setbacks or increases in the maximum allowed building height when the setback reduction or increase in allowed building height allows for the restoration of a character-defining feature, or allows character-defining features to be replicated in additions to historic structures. In no case, however, shall a reduction in a setback be granted when the reduction will cause an adverse effect to the property or neighboring property, or cause an adverse effect to the character of the neighborhood or district.
d. Adaptive Reuse. Departures from certain development standards may be waived to encourage adaptive reuse of qualified historic buildings pursuant to, and in accord with, the provisions of Section 4.03.010 of this Development Code.
273
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-002, A DEVELOPMENT CODE AMENDMENT REVISING TABLE 2.02-1: REVIEWING MATRIX OF CHAPTER 2 (ADMINISTRATION AND PROCEDURES) TO INCLUDE THE FIRE MARSHAL AS AN APPROVING AUTHORITY, AND CHAPTERS 4
(PERMITS ACTIONS AND DECISION) AND 7 (HISTORIC

PRESERVATION) TO ESTABLISH HISTORIC PRESERVATION-

ADAPTIVE REUSE PLAN OF THE CITY OF ONTARIO DEVELOPMENT
CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO ("Applicant") has filed an Application for the approval of a Development Code Amendment, File No. PDCA24-002, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Project affects approximately 1.7 square miles (533 acres) of land, which is generally bordered by the Interstate 10 Freeway to the north, State Street to the south, San Antonio Avenue to the west and Sultana and Campus Avenue to the east; and WHEREAS, the Project will allow for the establishment of Historic Preservation— Adaptive Reuse Plans and processing procedures, generally described as follows:
(1) Amend Division 2.02 (Application Filing and Processing), revising Table

2.02-1: Reviewing Matrix to include the Fire Marshal as an Approving Authority,
(2) Amend Division 4.03 (Ministerial Permits and Decision) by adding processing procedures, requirements and eligibility for an adaptive reuse plan approval;
(3) Amend Division 7.01 (Historic Preservation) to add Historic Preservation— Adaptive Reuse Plan as an incentive; and
WHEREAS, the Project will target adaptive reuse (or change of building classification/occupancy) of designated historic buildings to multiple-family residential, office, commercial, work/live, or retail while removing construction barriers related to zoning, building, and fire code compliance; and
274
WHEREAS, the adaptive reuse program will further incentivize preservation of historically significant resources, streamline the review and approval process by waiving the development plan review, reduce underutilized sites, reduce demolition, and foster sustainable community development; and
WHEREAS, adaptive reuse programs rely upon the California Historic Building Code, International Existing Building Code, and California Health and Safety Code to provide the authority for the Building Official and Fire Marshal to consider alternative building standards and methods of construction while ensuring adequate health and safety protections for the new use. Relief of strict zoning requirements or allowance of nonconforming site conditions, such as setbacks, parking, open space for residential use, and height, may be considered by the Planning Director; and WHEREAS, the Fire Marshal, Building Official and Planning Director (Approving Authority) may approve of Adaptive Reuse Plans through a ministerial process, however the Approving Authority shall first find that special individual reasons make the strict letter of the local codes impractical and the modification is in compliance with the intent and purpose of the local codes and that such modification does not lessen health, life and safety requirements; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on May 28, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC24-016, recommending the City Council approve the Application; and
WHEREAS, on June 18, 2024, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 275

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

SECTION 1: Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the" common sense exemption" (also known as the " general rule exemption") that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination of CEQA exemption reflects the independent judgment of the City Council.

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

The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. (1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision- making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2- 4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the 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. 276
SECTION 3: 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 Sections 1 and 2, above, the City Council hereby concludes as follows:
(1) The Project is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (“TOP”). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for 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, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City resources in commercial and residential neighborhoods.
(2) The Project would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Development Code Amendment, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 5: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 6: 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.
277
SECTION 7: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 8: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
278

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held June 18, 2024 and adopted at the regular meeting held July 2, 2024 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 July 2, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
279
ATTACHMENT A:

File No. PDCA24-002;

DEVELOPMENT CODE AMENDMENT ADOPTING
HISTORIC PRESERVATION— ADAPTIVE REUSE PLAN
(Document follows this page)
280
ATTACHMENT A:

Development Code Amendment
File No. PDCA23-001
PART I. Division 2.02—Application Filing and Processing 281
Attachment A
File No. PDCA24-002
2 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS

1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X

2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X

3. Development Code Amendments [1] (Ref:

ODC Section 4.01.020)
R X

4. Amendment to the Policy Plan (General Plan)
Component of The Ontario Plan [1] (Ref: ODC Section

4.01.025)
R X

5. Planned Unit Developments and Amendments
[1] (Ref: ODC Section 4.01.030)
R X

6. Specific Plans and Amendments [1][12] (Ref:

ODC Section 4.01.035)
R X

7. Williamson Act Contract Cancellations [1] (Ref:

GC Section 51200 et.seq.)
R X

8. Zone Changes [1] (Ref: ODC Section 4.01.040) R X
B. DISCRETIONARY PERMITS AND ACTIONS

1. Billboard Relocation Agreements [1] (Ref: ODC
Section 4.02.010)
R X

2. Conditional Use Permits (Ref: ODC Section

3. Density Bonus and Other Incentives per ODC
Section 6.01.010.G (Density Bonus and Other Incentives) [1]
R X

4. Development Plans, except within the ONT
zoning district (Ref: ODC Section 4.02.025)
282
Attachment A
File No. PDCA24-002
3 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
a. Residential developments totaling 5 or
more dwelling units or the development of 3 or more
dwelling units on a single lot or parcel
R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS- C and UC zoning
districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or less
than 0.45 FAR
X A A
d. Industrial developments exceeding 0.45
FAR
R X A
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A

5. Extensions of Legal Nonconforming Status [1]
(Ref: ODC Section 4.02.030)
X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref: ODC
Section 4.02.050)
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas;
and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure [1] R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1] (Ref:

4.02.060)
X A A
283
Attachment A
File No. PDCA24-002
4 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local District
Designations, and Architectural Conservation Areas
(Ref: ODC Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

X A A

7. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A

9. Nonconforming Structure Reconstruction [1]
(Ref: ODC Section 3.01.020)
X A

10. Parking Reduction (Ref: ODC Section 6.03.025) X A

11. Sign Programs (Ref: ODC Section 4.02.075) X A A

12. Specific Plan Minor Adjustments/Alterations
[12] (Ref: ODC Section 4.02.080)
X A A

13. Stays of Permit Approval Time Limit (Ref: ODC
Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]

14. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
284
Attachment A
File No. PDCA24-002
5 Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A