CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST 20, 2024
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN
WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.
Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to [email protected]. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.
Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.
In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.
Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ATTACHMENT: 20240820 Closed Session
ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.
ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER (OPEN SESSION)
ROLL CALL
Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon
CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.
CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0210-211-33; 700 North Haven Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Starbridge Investment LLC; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Pastor Daniel Ventura, Ontario United Reformed Church
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.
To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.
INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 2 minutes.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 1. APPROVAL OF MINUTES
ATTACHMENT: 20240716 Meeting Minutes (Not Official Until Approved)
2. BILLS & PAYROLL
3. A PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY
SERVICES
ATTACHMENT: Investment Management and Advisory Services ___ Draft Contract.pdf
4. AN ORDINANCE APPROVING FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT FOR
21.58 ACRES OF LAND GENERALLY LOCATED SOUTH OF E STREET, NORTH OF HOLT
BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM AVENUE AND THE NORTHERN
PORTION OF THE BLOCK BETWEEN FERN AND PALM AVENUES AND C AND D STREETS Minutes for the regular meetings of the City Council, Housing Authority, and Ontario Public Financing Authority of July 16, 2024, and approving same as on file in the Records Management Department.
Bills July 19, 2024 through August 1, 2024, and Payroll June 29, 2024 through July 13, 2024.
That the City Council authorize the City Manager or designee to execute a Professional Services Agreement with Chandler Asset Management, Inc., for investment management and advisory services, for a period of three years, with two optional one-year extensions.
That the City Council consider and adopt an Ordinance approving File No. PUD23-004, the Downtown West Planned Unit Development (PUD), to establish a set of planning and design principles, development regulations and performance standards to govern future development of 21.58 acres, generally located south of E Street, north of Holt Boulevard, west of Euclid Avenue, east of Palm Avenue and the northern portion of the block between Fern and Palm Avenues and C and D Streets, within the LUA-1 (Euclid Avenue Entertainment) of the MU1 (Downtown Mixed Use) zoning district.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT TO ESTABLISH PLANNING AND DESIGN
PRINCIPLES, DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS TO GOVERN FUTURE DEVELOPMENT OF 21.58 ACRES OF LAND, GENERALLY LOCATED SOUTH OF E STREET,
NORTH OF HOLT BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM AVENUE, AND THE
NORTHERN PORTION OF THE BLOCK BETWEEN FERN AND PALM AVENUES AND C AND D STREETS, WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1048- 566-08, 1048-566-09, 1048-566-10, 1048-566-02, 1048-566-01, 1048-566-03, 1048-566-04, 1048-566-06, 1048-566-07, 1048-561-07, 1048-561-08, 1048-561-09, 1048-561-10, 1048-561-12, 1048-561-13, 1048-562-01, 1048-562-02, 1048-565-01, 1048-565-04, 1048-565-05, 1048-565-06, 1048-566-06, 1048-566-07, 1048-354-04, 1048-354-05, 1048-354-06, 1048-354-07, 1048-354-08, 1048-353-13, 1048-353-14, 1048-354-01, 1048-354-02, 1048-354-03, 1048-565-14, 1048-566-05, 1048-566-11, 1048-561-11, 1048-562-03, 1048-562-06, 1048-562-07, 1048-563-01, 1048-563-02, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: File No. PUD23-004 CC 05^ORD^RM
ATTACHMENT: File No. PUD23-004^06 Final Draft.pdf
5. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20683, LOCATED NEAR THE
SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET
ATTACHMENT: 20240820 Parcel Map 20683^1_EXH A.pdf
ATTACHMENT: 20240820 Parcel Map 20683 2^RESO^RM
6. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE ADAPTIVE REUSE PROJECT AT 121-143 NORTH EUCLID AVENUE.
ATTACHMENT: HSR Proposal_125 129-131 and 143 N. Euclid Ave..doc ATTACHMENT: Amendment No 6_TSA Agr_02152021.pdf
7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ENVIRONMENTAL SERVICES FOR PHASE 2 OF THE
ONTARIO ARENA ENTERTAINMENT DISTRICT PROJECT
ATTACHMENT: Amendment (non-construction contract)_KH Piemonte.docx ATTACHMENT: Attachment A - Revised Exhibit A.pdf
ATTACHMENT: Attachment B - Revised Exhibit B.pdf.docx
ATTACHMENT: Attachment C - Revised Exhibit C.pdf.docx
1048-563-03, 1048-563-04, 1048-563-05, 1048-576-01, 1048-576-02, 1048-563-07, 1048-563-08, 1048-564-07, 1048-564-11, 1048-564-12, 1048-564-13, 1048-564-14, 1048-565-02, 1048-565-03, 1048-563-06, 1048-563-07, 1048-563-08, 1048-563-09, 1048-563-10, 1048-565-07, 1048-565-08, 1048-565-09, 1048-565-10, 1048-565-11, 1048-565-12, 1048-565-13, 1048-563-11, 1048-564-01, 1048-564-02, 1048-564-03, 1048-564-04, 1048-564-05, 1048-564-06, 1048-564-08, 1048-564-09, 1048-564-10.
That the City Council adopt a Resolution approving Final Parcel Map No. 20683 located near the southwest corner of Sultana Avenue and D Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20683, LOCATED NEAR THE SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET.
That the City Council authorize the City Manager or his designee to execute Amendment No. 6 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California for the Adaptive Reuse Project at 121-143 North Euclid Avenue in the amount of $100,000 for a total not-to-exceed contract amount of $806,600; and to extend the contract termination date by one year to December 31, 2025.
That the City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to a Professional Services Agreement with Kimley-Horn and Associates, Inc., of Riverside, California, to increase the project funding by $152,000 for a total authorized expenditure of $264,000, to provide environmental services for Phase 2 of the Ontario Arena Entertainment District Project.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 8. A RESOLUTION AUTHORIZING THE SETTLEMENT AGREEMENT WITH KROGER CO.
ATTACHMENT: 20240820 Kroger Co 01^RESO^RM
ATTACHMENT: 20240820 2024 National Opioid Settlement Kroger^02^EXH A (State Allocation Agreement)
ATTACHMENT: 20240820 2024 National Opioid Settlement Kroger^03^EXH B (Participation Agreement)
9. CONSIDER A RESOLUTION APPROVING, PURSUANT TO THE CERTIFIED FINAL ONTARIO REGIONAL SPORTS COMPLEX ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023110328)
AND APPROVED MITIGATION MONITORING AND REPORTING PROGRAM, A STADIUM
VENUE AGREEMENT BETWEEN THE CITY OF ONTARIO AND RANCHO BASEBALL, LLC AND
MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH
ATTACHMENT: Stadium Venue Agreement 01^RESO^RM
That the City Council take the following actions:
A. Adopt a Resolution authorizing the City Manager to opt into a Settlement Agreement with opioid distributor, Kroger Co.;
B. Authorize the City Manager, or his designee, to execute any documents or agreements needed to implement the action; and
C. Ratify the previous actions taken by the City Manager in order to opt into the Kroger Settlement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENT, AUTHORIZE ENTRY INTO THE STATESUBDIVISION AGREEMENT WITH THE ATTORNEY GENERAL, AND RATIFY PREVIOUS ACTIONS TAKEN BY THE CITY MANAGER WITH RESPECT TO THE KROGER SETTLEMENT.
That the City Council take the following actions:
A. Consider and Adopt a Resolution Approving pursuant to the Certified Final Ontario Regional Sports Complex Environmental Impact Report (SCH No. 2023110328) and approved Mitigation Monitoring And Reporting Program, A Stadium Venue Agreement between the City And Rancho Baseball, LLC and Making Certain CEQA Findings In Connection Therewith; and
B. Authorize the City Manager, or his designee, to execute a Stadium Venue Agreement with Rancho Baseball, LLC on behalf of the City.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING
PURSUANT TO THE CERTIFIED FINAL ONTARIO REGIONAL SPORTS COMPLEX ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023110328) AND APPROVED MITIGATION MONITORING AND
REPORTING PROGRAM, A STADIUM VENUE AGREEMENT BETWEEN THE CITY AND RANCHO BASEBALL, LLC AND MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: Stadium Venue Agreement
10. ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FY24/25
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
ATTACHMENT: OTS Award Email.pdf
11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC.
FOR RECURRING SUBSCRIPTION AND LICENSE COSTS FOR INTEGRATED WASTE
COLLECTION ROUTING SOFTWARE
ATTACHMENT: Routeware- Amendment No. 2.pdf
12. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH GO2ZERO STRATEGIES, LLC AND GHD, INC. FOR ON-CALL SOLID WASTE CONSULTING SERVICES ATTACHMENT: GO2ZERO- Amendment No. 2.pdf
ATTACHMENT: GHD- Amendment No. 1.pdf
13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH HELITENDER, INC. FOR
SCHEDULED AND UNSCHEDULED REPAIRS, INSPECTION SERVICES, PARTS AND
MAINTENANCE SERVICES
That City Council authorize the City Manager or his designee to execute all documents necessary to accept a 12-month grant in the amount of $705,000 from the California Office of Traffic Safety (OTS) for participation in the FY24/25 Selective Traffic Enforcement Program (STEP) Grant.
That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Routeware, Inc., of Portland, Oregon, for recurring costs for subscriptions, licenses, and ongoing technical support for Integrated Waste Collection Routing Software, exercising the two (2) additional one-year terms and increasing the contract amount by $536,190 for a total contract amount not-to-exceed $1,657,182 over the five-year term.
That the City Council take the following actions:
A. Authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Go2Zero Strategies, LLC, of Irwindale, California, for on-call Solid Waste Consulting Services exercising the two (2) additional one-year extensions and increasing the contract amount by $100,000 per year for a total not-toexceed contract amount of $500,000 over the five-year term; and B. Authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with GHD, Inc., of Irvine, California, for on-call Solid Waste Consulting Services exercising the two (2) additional one-year extensions and increasing the contract amount by $100,000 per year for a total not-to-exceed contract amount of $300,000 over the five-year term.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Helitender, Inc. of Pacoima, CA, for scheduled and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT: Goods & Services Amendment No2_HELITENDER 2024_Rev.docx
14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC.
FOR CONSTRUCTION MANAGEMENT FOR THE VINEYARD PARKING STRUCTURE AT THE
ONTARIO SPORTS COMPLEX
ATTACHMENT: Transtech Engineers, Inc.- Amendment No. 4.pdf
15. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE GENERAL ASSEMBLY MEETING
ATTACHMENT: 2024-Voting-Delegate-Information-Packet.pdf
16. PURCHASE OF WATER METERS AND REPAIR PARTS FROM HYDROPRO SOLUTIONS ATTACHMENT: 202408020 AGR^02
17. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH BAY ALARM
COMPANY FOR THE ONTARIO POLICE DEPARTMENT FIRE ALARM NOTIFICATION SYSTEM AND A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE ONTARIO POLICE
DEPARTMENT REAL TIME INFORMATION CENTER & TENANT IMPROVEMENT PROJECT unscheduled repairs, inspection services, parts and maintenance services for Police Department helicopters in the amount of $150,000 for a total not-to-exceed contract amount of $800,000 and extend the agreement to June 30, 2027.
That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Transtech, Inc. (Transtech), of Chino, California, for on-call Construction Management Services for the Vineyard Parking Structure in the amount of $1,361,750 for a total not-to-exceed contract amount of $2,657,750.
That the City Council designate Mayor pro Tem Debra Porada as the City's voting delegate and Mayor Paul Leon as an alternate for the League of California Cities Annual Conference General Assembly scheduled for October 16 through October 18, 2024.
That the City Council approve and authorize the sole source purchase of new water meters and repair parts for a total not-to-exceed amount of $2,900,000 from HydroPro Solutions of Ontario, California, and authorize the City Manager or designee to execute a Goods and Equipment Agreement.
That the City Council take the following actions:
A. Authorize the City Manager, or his designee, to execute Amendment No. 9 to the Maintenance Services Agreement with Bay Alarm Company, of Concord, California, for the Ontario Police Department (OPD) Fire Alarm Notification System installation in an amount of $422,629 and a 10% contingency of $42,262 for a total not-to-exceed contract amount of $1,487,163, and
B. Reject Optima RPM, Inc.’s protest against Wakeco, Inc. for D&C23-014 OPD Real Time Information Center (RTIC) and Tenant Improvement (TI) Project; and C. Authorize the City Manager, or his designee, to execute Construction Contract No.
D&C23-014 with Wakeco, Inc., of Temecula, California, for the OPD RTIC and TI Project in CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: Bay Alarm Company- Amendment No. 9.pdf
ATTACHMENT: Wakeco, Inc.- Long Form Construction Contract.pdf
18. MAINTENANCE SERVICES AGREEMENTS WITH MERCHANTS LANDSCAPE SERVICES, INC.
FOR WEED ABATEMENT SERVICES IN THE QUIET HOME AREA (PART 150) AND THE
ONTARIO RANCH AREA
ATTACHMENT: Merchants Landscape Srvcs-Ontario Ranch Weed Abatement.pdf ATTACHMENT: Merchants Landscape Srvcs-Quiet Home Weed Abatement.pdf
19. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND
ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE JOHN GALVIN
PARK SNACK BAR RENOVATION PROJECT
ATTACHMENT: Robert Borders and Associates-Amendment No. 21.pdf
20. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SECC CORPORATION FOR
ON-CALL CONDUIT AND CABLE INSTALLATION
ATTACHMENT: 20240820 SECC Corporation Change Order No. 1 AGMT^01.doc ATTACHMENT: 20240820 SECC Corporation Change Order No. 1 EXHIBIT A^02.pdf ATTACHMENT: 20240820 SECC Corporation Change Order No. 1 EXHIBIT B^02.pdf the amount of $3,611,000 and authorize a 10% contingency of $361,100 for a new contract value of $3,972,100 to address any unforeseen issues that arise during construction.
That the City Council take the following actions:
A. Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-17 Quiet Home Area (Part 150) for Weed Abatement services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $681,348 for up to five (5) years; and
B. Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-18 Ontario Ranch Weed Abatement Services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $805,386 for up to five (5) years.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 21 to the on-call Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, to provide on-call architectural design services for the PF2307 John Galvin Park Snack Bar Renovation Project in the amount of $20,078 for a total not-to-exceed contract amount of $858,209 and extend the term to June 30, 2025.
That the City Council authorize Change Order No. 1 to Construction Contract No. BB-2022-002 with SECC Corporation of Chino, California, for on-call citywide fiber conduit installation services, in the amount of $277,403 for a revised total of $3,277,403; and authorize the City Manager, or his designee, to execute said contract and future amendments within the authorization limits.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 ATTACHMENT: 20240820 SECC Corporation Change Order No. 1 EXHIBIT C^03.pdf
21. A FIRST AMENDMENT TO A REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND TIPPING DEVELOPMENT, INC.
ATTACHMENT: First Amendment Tipping Reimbursement Agmt Exhibit A^01.docx ATTACHMENT: First Amendment Tipping Reimbursement Agmt^02.doc
22. PRE-AUTHORIZE THE PURCHASE OF ANIMAL CONTROL VEHICLES ATTACHMENT: PB Loader Contract 080521.pdf
23. CONSIDER A RESOLUTION APPROVING, PURSUANT TO THE CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT AND ADDENDA FOR THE ONTARIO CENTER SPECIFIC PLAN (SCH NO. 89041009), THE FIRST AMENDMENT TO THE COMMUNITY EVENTS CENTER
OPERATING AGREEMENT BETWEEN THE CITY AND SMG AMENDING TERMS FOR THE OPERATION AND MANAGEMENT OF EVENTS CENTER LOCATED AT 4000 EAST ONTARIO CENTER PARKWAY, ONTARIO, CA (APN: 0210-205-01)
ATTACHMENT: Resolution 1st Am to Operating Agmt^RESO^RM That the City Council approve a First Amendment to a Reimbursement Agreement ("Agreement") between the City of Ontario ("City") and Tipping Development, Inc. ("Developer"), and authorize the City Manager, or his designee, to execute the Agreement and all other documents required for implementation of the Agreement.
That the City Council pre-authorize the cooperative purchase and delivery of six 2024 F-350 animal control trucks for West End Animal Services Agency from PB Loader Corporation, of Fresno, California, consistent with the terms and conditions of the PB Loader Sourcewell Cooperative Contract No. 080521-PBL in the amount of $797,172 plus a 20% contingency of $159,435 for a total amount not-to-exceed amount of $956,607.
That the City Council takes the following actions:
A. Consider and Adopt a Resolution Approving, Pursuant to the Certified Final Environmental Impact Report and Addenda for The Ontario Center Specific Plan (SCH No. 89041009), the First Amendment to the Community Events Center Operating Agreement between the City of Ontario and SMG; and
B. Authorize the City Manager, or his designee, to execute the First Amendment to the Community Events Center Operating Agreement between the City and SMG, on behalf of the City.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING,
PURSUANT TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND ADDENDA FOR THE ONTARIO CENTER SPECIFIC PLAN (SCH NO. 89041009), THE FIRST AMENDMENT TO THE
COMMUNITY EVENTS CENTER OPERATING AGREEMENT BETWEEN THE CITY AND SMG
AMENDING TERMS FOR THE OPERATION AND MANAGEMENT OF EVENTS CENTER LOCATED AT 4000 EAST ONTARIO CENTER PARKWAY, ONTARIO, CA (APN: 0210-205-01).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10 ATTACHMENT: Ontario First Am to Community Events Center Operating Agreement SMG-c1 (003) - FINAL.docx
24. CONSIDER A RESOLUTION APPROVING A KIOSK LICENSE AGREEMENT BETWEEN THE CITY
AND OTC LOT A OWNER GRANTING A LICENSE TO USE CERTAIN LOCATIONS WITHIN AN
AREA IMMEDIATELY ADJACENT TO THE EVENTS CENTER TO, AMONG OTHER THINGS,
CONSTRUCT AND OPERATE KIOSKS AND MAKING CERTAIN CEQA FINDINGS IN
CONNECTION THEREWITH
ATTACHMENT: City Kiosk License Agreement (Lot A) final.pdf ATTACHMENT: Resolution Kiosk License Agreement 01^RESO^RM.docx
25. A PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023020281), INCLUDING THE ADOPTION OF A
MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS, IN CONJUNCTION WITH A SPECIFIC PLAN (FILE NO.
PSP22-001 - EUCLID MIXED USE SPECIFIC PLAN)
That the City Council takes the following actions:
A. Consider and Adopt a Resolution Approving A Kiosk License Agreement Between The City And OTC Lot A Owner Granting A License To Use Certain Locations Within An Area Immediately Adjacent To The Events Center To, Among Other Things, Construct And Operate Kiosks And Making Certain CEQA Findings In Connection Therewith; and B. Authorize the City Manager, or his designee, to execute the Kiosk License Agreement between the City and OTC Lot A Owner, on behalf of the City.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A
KIOSK LICENSE AGREEMENT BETWEEN THE CITY AND OTC LOT A OWNER GRANTING A LICENSE
TO USE CERTAIN LOCATIONS WITHIN AN AREA IMMEDIATELY ADJACENT TO THE EVENTS
CENTER TO, AMONG OTHER THINGS, CONSTRUCT AND OPERATE KIOSKS AND MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH.
PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.
Each member of the public wishing to address the City Council on Public Hearing items will be given a total of 2 minutes.
That the City Council take the following actions:
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11 ATTACHMENT: File No. PSP22-001 01^EIR^RESO^RM
ATTACHMENT: File No. PSP22-001^02_DEIR.pdf
ATTACHMENT: File No. PSP22-001^04_Final EIR.pdf
ATTACHMENT: File No. PSP22-001^05_MMRP.pdf
ATTACHMENT: File No. PSP22-001 SP 06^ORD^RM
ATTACHMENT: File No. PSP22-001^07_SP Attch.pdf
ATTACHMENT: File No. PSP22-001^08_SP COA.pdf
26. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-004) BETWEEN THE CITY OF ONTARIO AND
EUCLID LAND INVESTMENT, LLC
A. Consider and adopt a Resolution certifying the Environmental Impact Report (State Clearinghouse No. 2023020281) prepared for the Euclid Mixed Use Specific Plan, File No.
PSP22-001, which includes a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and
B. Introduce and waive further reading of an Ordinance approving the Euclid Mixed Use Specific Plan (File No. PSP22-001).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023020281) FOR THE EUCLID MIXED USE SPECIFIC PLAN (EMUSP) FOR FILE NO. PSP22-001 AND ADOPT
ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP22-001, A SPECIFIC PLAN (EUCLID MIXED USE SPECIFIC PLAN) TO ESTABLISH THE
LAND USE DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 1,386,776 SQUARE FEET OF BUSINESS PARK LAND USES, 290,110 SQUARE FEET OF OFFICE AND RETAIL LAND USES, AND 466 DWELLING UNITS ON THE 84-ACRE PROJECT SITE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1053-071-01; 1053-071-02; 1053-071-03; 1053-071-04; 1053-211-01; 1053- 211-02; 1053-211-05; 1053-281-01; 1053-281-02; 1053-281-03; 1053-281-04; 1053-281-07; 1053-281-08; 1053-081-01; 1053-081-02; 1053-081-03; 1053-081-04.
That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA23-004) between the City of Ontario and Euclid Land Investment, LLC, to establish the terms and conditions associated with Tentative Parcel Map 20714 (File No. PMTT23-005), a 60-acre property located east of Euclid Avenue, south of Schaefer Avenue, west of future Sultana Avenue and north of Edison Avenue within the Euclid Mixed Use Specific Plan.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23-004, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND
EUCLID LAND INVESTMENT, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12 ATTACHMENT: File_No._PDA23-004_ Euclid Land Investment LLC^01^EXH A&B.pdf ATTACHMENT: File No. PDA23-004 Euclid Land Investment LLC 02^ORD^RM ATTACHMENT: File_No._PDA23-004_ Euclid Land Investment LLC^03^DEV^AGR.docx
27. A PUBLIC HEARING TO CONSIDER AN EXTENSION FOR ORDINANCE NO. 3275, AN
URGENCY ORDINANCE TO IMPLEMENT MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE RESIDENTIAL OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, FILE NO. PDCA24-001 ATTACHMENT: 20240820 PDCA24-001 ODDS Urgency Ord Ext 02^ORD^RM ATTACHMENT: 20240820 PDCA24-001 ODDS Urgency Ord Ext^03 Doc.pdf
28. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK);
ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES WITH TENTATIVE PARCEL MAP 20714, FILE NO. PMTT23-005, A 60 ACRE PROPERTY LOCATED
EAST OF EUCLID AVENUE, SOUTH OF SCHAEFER AVENUE, WEST OF SULTANA AVENUE AND NORTH OF EDISON AVENUE WITHIN THE EUCLID MIXED USE SPECIFIC PLAN, FILE NO. PSP22- 001; APNS: 1053-071-01, 1053-071-02, 1053-071-03, 1053-071-04, 1053-211-01, 1053-211-02, 1053-281-08, 1053-081-01, 1053-081-02, 1053-081-03 AND 1053-081-04.
That the City Council consider and waive further reading of an extension to the Urgency Ordinance amending the reference document section of the City's Development Code.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, EXTENDING ORDINANCE NO. 3275, AN URGENCY ORDINANCE CONSISTING OF AN AMENDMENT TO THE ONTARIO MUNICIPAL CODE, FILE NO. PDCA24-001, AMENDING THE REFERENCE SECTION OF
THE ONTARIO DEVELOPMENT CODE ESTABLISHING MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE RESIDENTIAL OBJECTIVE DEVELOPMENT AND DESIGN STANDARDS.
That the City Council consider and:
A. Adopt a Resolution of Formation of Community Facilities District No. 52 (Sundance Park), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B. Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 52 (Sundance Park); C. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 52 (Sundance Park);
D. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Adopt a Resolution authorizing the execution and delivery of an amended and restated acquisition and funding agreement with Brookcal Ontario, LLC, a Delaware limited liability company; and
F. Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 52 (Sundance Park).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13 ATTACHMENT: CFD 52 Sundance Park Reso of Formation 01^RESO^RM ATTACHMENT: CFD 52 Sundance Park^01A RMA EXH B.pdf
ATTACHMENT: CFD 52 Sundance Park Reso Deeming Necessity to Incur 02^RESO^RM ATTACHMENT: CFD 52 Sundance Park^03 Concurrence of Election Official.docx ATTACHMENT: CFD 52 Sundance Park Reso Calling Election 04^RESO^RM ATTACHMENT: CFD 52 Sundance Park Reso Dclr Results of Election 05^RESO^RM ATTACHMENT: CFD 52 Sundance Park Ordinance to Levy Special Tax 06^ORD^RM ATTACHMENT: CFD 52 Sundance Park Reso Authorizing Amended Acquisition Agreement 07^RESO^RM
29. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT TO ESTABLISH A 10,314 SQUARE-FOOT ADULT DAY CARE FACILITY AT 910 NORTH
MOUNTAIN AVENUE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK),
PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A SPECIAL
TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES
DISTRICT BE ESTABLISHED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY FOR THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) TO INCUR BONDED INDEBTEDNESS.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING
THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED ACQUISITION AND FUNDING AGREEMENT WITH BROOKCAL ONTARIO LLC.
That the City Council conduct a public hearing on the Appeal and, after receiving all public testimony, uphold the Planning Commission’s decision to deny Conditional Use Permit File No.
PCUP23-018, to establish a 10,314 square-foot adult day care facility located at 910 North Mountain Avenue.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, UPHOLDING
THE DENIAL OF A CONDITIONAL USE PERMIT FOR AN ADULT DAY CARE FACILITY LOCATED AT 910 NORTH MOUNTAIN AVENUE WITHIN THE CN (NEIGHBORHOOD COMMERCIAL) ZONING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 14 ATTACHMENT: File No. PCUP23-018 PC Appeal^02 PC APPEAL APPLICATION ATTACHMENT: File No. PCUP23-018 PC Appeal 02^RESO^RM
DISTRICT; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA—APN: 1010-141-03.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Public Art Program Advisory Commission Appointment
Mayor Leon
Mayor pro Tem Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 15 1 of 1
CITY OF ONTARIO
CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 20, 2024
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.
STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _. GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0210-211-33; 700 North Haven Avenue; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties: Starbridge Investment LLC; Under negotiation: Price and terms of payment.
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
16 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY/
ONTARIO PUBLIC FINANCING AUTHORITY
MINUTES
JULY 16, 2024
(Not Official Until Approved)
Not Official Until Approved)
(Not Official Until Approved)
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, July 16, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:33 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia
ABSENT: Council/Authority Members: None
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Wapner.
INVOCATION
The invocation was led by Pastor Kennedy, Mt. Zion Church of Ontario.
SPECIAL CEREMONIES
PROCLAMATION OF JULY 2024 AS PARKS AND RECREATION MONTH The City Council proclaimed the month of July 2024 as Parks and Recreation Month in the City of Ontario.
17 Ontario City Council/Ontario Housing Authority/
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Regular Meeting Minutes – July 16, 2024
Mayor Leon reorganized the meeting to the benefit of the public by moving Public Hearing Item Nos. 27 and 28 to be considered prior to Agenda Review/Announcements.
PUBLIC HEARING
27. A PUBLIC HEARING TO CONSIDER A RESOLUTION FOR THE
CANCELLATION OF WILLIAMSON ACT CONTRACT NO. 72-384
The City Council considered and adopted a Resolution approving the Tentative Cancellation of Land Conservation Contract No. 72-384, File No. PWIL23-001.
RESOLUTION NO. 2024-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PWIL23-001, A
TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT NUMBER 72-384 FOR 23.2 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, APPROXIMATELY 893 FEET SOUTH OF RIVERSIDE DRIVE, AT 13150 SOUTH ARCHIBALD AVENUE, WITHIN NEIGHBORHOODS 2A, 2B AND 2C OF THE COUNTRYSIDE SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF; APNS: 0218-111-60 AND 0218-111-61.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Marven E. Norman in opposition.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-131.
28. A PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE ONTARIO
REGIONAL SPORTS COMPLEX FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023110328) AND THE ASSOCIATED GENERAL PLAN AMENDMENT PGPA23-002 AND ZONE CHANGE PZC23-004.
The City Council took the following actions:
A. Considered and adopted a Resolution certifying the Ontario Regional Sports Complex (ORSC) Environmental Impact Report (State Clearinghouse No. 2023110328) including a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and
B. Considered and adopted a Resolution approving the General Plan Amendment (File No. PGPA23-002); and
C. Introduced and waived further reading of an Ordinance approving the Zone Change (File No. PZC23-004).
18 Ontario City Council/Ontario Housing Authority/
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Regular Meeting Minutes – July 16, 2024
RESOLUTION NO. 2024-132 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023110328) FOR THE ONTARIO REGIONAL SPORTS COMPLEX (ORSC) FOR FILE NOS. PGPA23-002 AND PZC23-004 AND ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, INCLUDING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM.
RESOLUTION NO. 2024-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA23-002, AN
AMENDMENT TO THE POLICY PLAN (GENERAL PLAN) COMPONENT OF THE ONTARIO PLAN TO MODIFY THE LAND USE PLAN (EXHIBIT LU-01) AND EXHIBIT LU-03 (FUTURE BUILDOUT) CHANGING THE LAND USE
DESIGNATIONS; [1] 134.42 ACRES OF LOW-DENSITY RESIDENTIAL (LDR) AND MEDIUM-DENSITY RESIDENTIAL (MDR) TO OPEN SPACE-RECREATION (OSR) LOCATED SOUTH OF RIVERSIDE DRIVE, NORTH OF CHINO AVENUE, EAST
OF THE UNIMPROVED RIGHT-OF-WAY FOR VINEYARD AVENUE AND WEST OF THE UNIMPROVED RIGHT-OF-WAY FOR WHISPERING LAKES LANE; [2] 51.57
ACRES OF LOW-DENSITY RESIDENTIAL (LDR) TO HOSPITALITY (HOS)
GENERALLY LOCATED SOUTH OF RIVERSIDE DRIVE, NORTH OF CHINO
AVENUE, EAST OF UNIMPROVED RIGHT-OF-WAY FOR WHISPERING LAKES LANE, AND WEST OF THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL; [3] 94 ACRES OF LOW-DENSITY RESIDENTIAL (LDR) TO MEDIUM-DENSITY
RESIDENTIAL (MDR) GENERALLY LOCATED SOUTH OF CHINO AVENUE,
NORTH OF ONTARIO RANCH ROAD, AND EAST AND WEST OF VINEYARD AVENUE; [4] REMOVE THE AFFORDABLE HOUSING (AH) OVERLAY ON 36.18
ACRES OF LAND LOCATED SOUTH OF RIVERSIDE DRIVE, NORTH OF CHINO
AVENUE, AND EAST OF THE UNIMPROVED RIGHT-OF-WAY FOR VINEYARD AVENUE; AND [5] ADD THE AFFORDABLE HOUSING (AH) OVERLAY ZONING DISTRICT ON 19.25 ACRES OF LAND GENERALLY LOCATED NORTH OF
ONTARIO RANCH ROAD, SOUTH OF SCHAEFER AVENUE, AND EAST OF THE
UNIMPROVED RIGHT-OF-WAY FOR VINEYARD AVENUE AND MAKING
FINDINGS IN SUPPORT THEREOF—APN(S): 216-214-05, 216-214-06, 216-214- 07, 216-314-07, 216-314-08, 218-101-01, 218-101-02, 218-101-03, 218-101-04, 218-101-05, 218-101-06, 218-101-07, 218-101-08, 218-102-10, 218-102-11, 218- 111-04, 218-111-05, 218-111-06, 218-111-08, 218-111-09, 218-111-11, 218-111-12, 218-111-45, 218-111-49, 218-111-50, 218-121-01, 218-121-02, 218-121-03, 218- 121-04, 218-181-02, 218-181-15.
ORDINANCE NO. 3281 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PZC23-004, A ZONE CHANGE REQUEST TO CHANGE THE ZONING DISTRICT FOR [1] 134.42 ACRES FROM THE ARMSTRONG RANCH SPECIFIC PLAN TO 19 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
OS-R (OPEN SPACE RECREATION) ZONING DISTRICT LOCATED SOUTH OF
RIVERSIDE DRIVE, NORTH OF CHINO AVENUE, WEST OF UNIMPROVED
RIGHT-OF-WAY FOR WHISPERING LAKES LANE, AND EAST OF THE INIMPROVED RIGHT-OF-WAY FOR VINEYARD AVENUE; [2] 51.57 ACRES FROM
THE ARMSTRONG RANCH SPECIFIC PLAN TO CCS (CONVENTION CENTER
SUPPORT COMMERCIAL) ZONING DISTRICT GENERALLY LOCATED SOUTH
OF RIVERSIDE DRIVE, NORTH OF CHINO AVENUE, EAST OF THE
UNIMPROVED RIGHT-OF-WAY FOR WHISPERING LAKES LANE, AND WEST OF THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL; [3] REMOVE THE AH (AFFORDABLE HOUSING OVERLAY ZONING DISTRICT ON 36.18 ACRES OF
LAND LOCATED SOUTH OF RIVERSIDE DRIVE, NORTH OF CHINO AVENUE,
EAST OF THE UNIMPROVED RIGHT-OF-WAY FOR WHISPERING LAKES LANE,
AND WEST OF THE UNIMPROVED RIGHT-OF-WAY FOR VINEYARD AVENUE, AND [4] ADD THE AH (AFFORDABLE HOUSING) OVERLAY ZONING DISTRICT ON 19.25 ACRES OF LAND WITHIN THE SP (SPECIFIC PLAN)/AG (AGRICULTURAL) OVERLAY LOCATED NORTH OF ONTARIO RANCH ROAD,
SOUTH OF SCHAEFER AVENUE, EAST OF THE UNIMPROVED RIGHT-OF-WAY
FOR VINEYARD AVENUE, AND WEST OF THE RIGHT-OF-WAY FOR HELLMAN AVENUE. (APNS: 218-101-01, 218-101-02, 218-101-03, 218-101-04, 218-101-05, 218-101-06, 218-101-07, 218-101-08, 218-102-10, 218-102-11, 218-111-04, 218- 111-05, 218-111-06, 218-111-08, 218-111-09, 218-111-11, 218-111-12, 218-111-45, 218-111-49, 218-111-50, 218-181-02, AND 218-181-15.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were two written communications in opposition from Victoria Yundt and Michael W. Shonafelt.
Mayor Leon opened the public hearing, asked Executive Director of Community Development, Scott Murphy to provide a presentation and inquired whether persons were present who wished to speak to the item.
Katie Hinks, spike in support.
Kimberly Espina, spoke in support.
Heather Ford, spoke in support.
Ebonee Marias, spoke in support.
Justin Balancio, spoke in support.
Brice Devey, spoke in support.
Alden Marshall, spoke in opposition.
Goeff Trapani, spoke in support.
Wayne McDonald, spoke in opposition.
Raymond Jackson, spoke in opposition.
Zachary Strasters, spoke in opposition.
Jerry Davalos, spoke in support and asked that developers use union workers for the project.
Carl Segura, spoke in opposition.
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Regular Meeting Minutes – July 16, 2024
Chris Gonzalez, spoke in favor and asked that developers use union workers for the project.
David Hanson, spoke in opposition.
Brian Fish, spoke in opposition.
Chase Preciano, spoke in opposition.
Hearing no one else, Mayor Leon closed the public hearing and entertained council discussion. City Council discussed their support of the item to maintain a balanced community.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 5-0, adopt Resolution Nos. 2024-132 and 2024-133 and introduce Ordinance No. 3281.
Mayor Leon recessed the meetings at 7:30 p.m. and reconvened at 7:42 p.m.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced updated materials of the Exhibits to the Resolution being considered under agenda Item No. 11. The update reflected any payments received from property owners up to 1:00pm on Monday, July 15, 2024. The updated materials reflect a revised and reduced amount for assessments totaling $572,192.25 related to 530 parcels, which means that $102,953.38 for 226 parcels was collected or postponed since the public agenda was prepared. The updated materials provided were incorporated into the public record.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to approve the Consent Calendar as amended.
1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of June 17, 2024 and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills June 21, 2024 through June 27, 2024, in the amount of $62,734,335.94, and Payroll June 2, 2024 through June 15, 2024 in the amount of $5,225,071.54.
3. RESOLUTIONS ESTABLISHING THE ANNUAL SPECIAL TAXES WITHIN
COMMUNITY FACILITIES DISTRICTS IN OLD MODEL COLONY AND ONTARIO RANCH FOR FISCAL YEAR 2024-25
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The City Council adopted Resolutions establishing the annual special taxes within City of Ontario Community Facilities Districts in Old Model Colony and Ontario Ranch for Fiscal Year 2024-25.
RESOLUTION NO. 2024-078 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 9 (EDENGLEN), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-079 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO
AIRPORT TOWERS), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-080 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13 (CALIFORNIA COMMERCE CENTER - PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-081 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 19 (COUNTRYSIDE PHASE 1 - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-082 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 20 (WALMART), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-
25. RESOLUTION NO. 2024-083 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 21 (PARKSIDE), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-084 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 23 (PARK PLACE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
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RESOLUTION NO. 2024-085 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 24 (PARK PLACE FACILITIES PHASE 1), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-086 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 25 (PARK PLACE FACILITIES PHASE II), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-087 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 26 (PARK PLACE FACILITIES PHASE III), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-088 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 27 (NEW HAVEN SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-089 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 28 (NEW HAVEN FACILITIES - AREA A), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-090 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 30 (NEW HAVEN FACILITIES - AREA B), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-091 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 31 (CARRIAGE HOUSE/AMBERLY LANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-092 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 23 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
NO. 32 (ARCHIBALD/SCHAEFER - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-093 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 33 (ARCHIBALD/SCHAEFER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO.2024-094 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 34 (COUNTRYSIDE PHASE 1 NORTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-095 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-096 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 37 (PARK & TURNER NE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-097 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 38 (PARK & TURNER NE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-098 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 39 (NEW HAVEN FACILITIES - AREA C), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-099 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 40 (EMERALD PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-100 A RESOLUTION OF THE CITY COUNCIL OF THE 24 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 43 (PARK PLACE FACILITIES PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-103 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 44 (ESPERANZA SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-104 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 45 (NORTHPARK AND COUNTRYSIDE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-105 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 46 (AVENUE 176 FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-106 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 47 (COLONY COMMERCE CENTER WEST I SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-107 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 48 (TEVELDE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
25 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
RESOLUTION NO. 2024-108 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 49 (AVENUE 176 SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-109 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 50 (WEST ONTARIO LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-110 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 51 (ONTARIO RANCH LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-111 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 53 (TEVELDE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-112 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 54 (ESPERANZA FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-113 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-114 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-115 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 26 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
NO. 57 (NEUHOUSE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-116 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 58 (COLONY COMMERCE CENTER EAST SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-117 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-118 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 60 (ONTARIO RANCH BUSINESS PARK SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-119 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-120 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 62 (ONTARIO COMMERCE CENTER), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-121 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-122 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-123 A RESOLUTION OF THE CITY COUNCIL OF THE 27 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-124 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN HAVEN INDUSTRIAL SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25
RESOLUTION NO. 2024-125 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2024-25.
4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2) The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 71 (Neuhouse Phase 2). First reading and introduction took place at a regular meeting on July 2, 2024.
ORDINANCE NO. 3280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2).
5. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE 2024 STREET MAINTENANCE SLURRY SEAL, CAPE SEAL & CDBG
PAVEMENT MANAGEMENT REHABILITATION PROJECT
The City Council awarded a Construction Contract with Onyx Paving Company, Inc. of Anaheim, California, for the 2024 Street Maintenance Slurry Seal, Cape Seal & CDBG Pavement Rehabilitation Project in the contract amount of $2,112,000 plus a ten percent (10%) contingency of $211,200, for a total of $2,323,200; and authorized the City Manager, or his designee, to execute said contract and all related documents, and file a notice of completion at the conclusion of all construction activities.
28 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING ARTICLE 22 (VALET PARKING) TO CHAPTER 6 (TRAFFIC) OF TITLE 4 (PUBLIC SAFETY) OF THE ONTARIO MUNICIPAL
CODE, ESTABLISHING REGULATIONS RELATING TO VALET PARKING The City Council considered and adopted an Ordinance adding Article 22 (Valet Parking) to Chapter 6 (Trac) of Title 4 (Public Safety) and amending Section 4-
6.1202 of the Ontario Municipal Code, establishing regulations relating to valet parking. First reading and introduction took place at a regular meeting on June 4, 2024.
ORDINANCE NO. 3276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING ARTICLE 22 (VALET PARKING) TO CHAPTER 6 (TRAFFIC) OF TITLE 4 (PUBLIC SAFETY) AND AMENDING SECTION 4-6.1202 OF THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS RELATING TO VALET PARKING.
7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20582 GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BON VIEW AVENUE AND
CALIFORNIA STREET
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20582, generally located at the northeast corner of Bon View Avenue and California Street.
RESOLUTION NO. 2024-126 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20582
GENERALLY LOCATED AT THE NORTHEAST CORNER OF BON VIEW AVENUE AND CALIFORNIA STREET.
8. AMENDMENT NOS. 3 AND 4 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ARDURRA FOR ON-CALL CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES
The City Council approved Amendment Nos. 3 and 4 to the Professional Services Agreement with Ardurra Group, Inc., of El Segundo, California, to provide on-call Construction Management and Inspection Services in the amount of $800,000 (Amendment No. 3) and $827,472 plus a ten percent (10%) contingency of $82,748 (Amendment No. 4), for a revised total not-to-exceed authorization amount of $4,102,549; and extended the term of agreement one year. 29 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
9. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV21-047
LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND JURUPA STREET
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV21-047, located at the northeast corner of Haven Avenue and Jurupa Street, within the California Commerce Center Specific Plan area.
RESOLUTION NO. 2024-127 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR PROJECT NO. PDEV21-047
LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND JURUPA STREET.
10. AN AGREEMENT WITH N. HARRIS COMPUTER CORPORATION FOR
CITYVIEW SOFTWARE LICENSES, SUPPORT AND CONTRACTUAL
SERVICES
The City Council approved and authorized the City Manager (or his designee) to negotiate and execute a Software License and Support Agreement in the amount of $275,310 with N. Harris Computer Corporation to provide software licenses and maintenance for the CityView code enforcement software system for a three-year term; and negotiate and execute a Software Contractual Services Agreement with N. Harris Computer Corporation in the amount of $56,745 to upgrade the CityView code enforcement software system.
11. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN
BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.
RESOLUTION NO. 2024-128 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE
PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR
CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
12. A RENEWAL WITH SUITEBRIAR FOR THE ASANA SOFTWARE ENTERPRISE MODULE
30 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
The City Council approved and authorized the City Manager, or his designee, to execute the renewal with Suitebriar, of Herndon, Virginia, for the use of the Asana Enterprise module in the amount of $285,090 for a two-year term plus a 10% contingency of $14,255 per year, for a total not-to-exceed amount of $313,600.
13. A PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING, TRAINING,
AND LEGAL SERVICES
The City Council authorized the City Manager, or his designee, to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo (AALRR) of Cerritos, California, for as-needed professional consulting, training, and legal services for a total not-to-exceed amount of $300,000.
14. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR
AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP
CONSTRUCTION SERVICES
The City Council authorized the City Manager, or his designee, to execute a oneyear Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for ADA Concrete Ramp Construction Services for a total not-to-exceed contract amount of $175,000.
15. DESIGN SERVICES AGREEMENTS FOR ON-CALL RETAIL ARCHITECTURAL
DESIGN SERVICES
The City Council took the following action:
A. Authorized the City Manager, or his designee, to execute the following threeyear Design Services Agreements for on-call Retail Architectural Services for a total compensation amount of $1,050,000 over three (3) years and extend the agreements for up to two (2) additional one-year periods:
1. Architecture Plus, Inc., of La Canada, California, for a total contract amount not-to-exceed $150,000;
2. DLR Group, of Riverside, California, for a total contract amount not-toexceed $150,000;
3. KWWA Architecture, of El Monte, California, for a total contract amount notto-exceed $150,000, and M. Arthur Genster Jr. & Associates, Inc., of Los Angeles, California, for a total contract amount not-to-exceed $150,000,
4. Miller Architectural Corporation, of Riverside, California, for a total contract amount not-to-exceed $150,000;
5. RDC-S111, Inc., of Long Beach, California, for a total contract amount notto-exceed $150,000; and
6. Westgroup Designs, of Irvine, California, for a total contract amount not-toexceed $150,000. 31 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
16. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH HELITENDER, INC. FOR SCHEDULED AND UNSCHEDULED REPAIRS,
INSPECTION SERVICES, PARTS AND MAINTENANCE SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Helitender, Inc. of Pacoima, CA for scheduled and unscheduled repairs, inspection services, parts and maintenance services in the amount of $150,000 for a total not-to-exceed contract amount of $300,000 and extend the agreement to June 30, 2027.
17. A CONSTRUCTION CONTRACT WITH K.C. RESTORATION CO., INC. FOR THE
ONTARIO MUSEUM OF HISTORY & ARTS EXTERIOR DOORS RESTORATION
PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Construction Contract D&C23-013 Museum Exterior Doors with K.C. Restoration Co., Inc., of Gardena, California, for the Ontario Museum of History & Arts Exterior Doors Restoration Project for a total contract amount of $488,488; B. Authorized a 20% contingency of $97,697, for a total contract amount not-toexceed $586,185; and C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
18. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC
ARCHITECTS FOR ON-CALL ARCHITECTURAL, SPACE PLANNING, AND
ENGINEERING SERVICES AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL CONSTRUCTORS, INC. FOR
CONSTRUCTION MANAGEMENT MULTI-PRIME SERVICES FOR THE
MUNICIPAL SERVICES CENTER RELOCATION PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Amendment No. 4 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call Landscape Architectural Services for the Municipal Services Center Relocation Project in the amount of $3,666,359 for a total not-toexceed contract amount of $8,095,330 and extend the contract term to October 27, 2027, and
32 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
B. Authorized the City Manager, or his designee, to execute Amendment No. 4 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, for Construction Management Multi-Prime Services for the Municipal Services Center Relocation Project in the amount of $1,857,530 for a total not-to-exceed contract amount of $31,901,477; and C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
19. A MEMORANDUM OF AGREEMENT WITH THE SAN BERNARDINO COUNTY FIRE DEPARTMENT TO PARTICIPATE ON REGIONAL TASK FORCE 6 The City Council authorized the City Manager, or his designee, to execute a Memorandum of Agreement between the City of Ontario and the County of San Bernardino allowing Ontario Fire Department personnel to participate on California Regional Task Force 6 (CA-RTF-06).
20. A GOODS AND SERVICES AGREEMENT WITH G/M BUSINESS INTERIOR FOR
THE PURCHASE OF OFFICE FURNITURE
The City Council approved and authorized the City Manager, or his designee, to execute a Goods and Services Agreement with G/M Business Interior, of Riverside, California, for the purchase of office furniture with a not-to-exceed amount of $660,507.
21. A RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR STREET
SWEEPING PURPOSES CITYWIDE AND A MAINTENANCE SERVICES
AGREEMENT WITH SUPERIOR PAVEMENT MARKINGS FOR FABRICATION
AND INSTALLATION OF CITYWIDE STREET SWEEPING SIGNAGE SERVICES The City Council took the following actions:
A. Adopted a Resolution establishing parking restrictions Citywide for street sweeping purposes; and
B. Authorized the City Manager, or his designee, to execute a one-year Maintenance Services Agreement with Superior Pavement Markings, of Cypress, California, for Fabrication and Installation of Citywide Street Sweeping Signage Services, for a total contract amount not-to-exceed $1,869,821.
RESOLUTION NO. 2024-129 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES CITYWIDE.
33 Ontario City Council/Ontario Housing Authority/
Ontario Public Financing Authority
Regular Meeting Minutes – July 16, 2024
22. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR THE SPORTS COMPLEX OFFSITE DESIGN The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the on-call Design Services Agreement with Ardurra Group, Inc., of Newport Beach, California, for the Sports Complex Osite Design in the amount of $1,784,432 for a total not-to-exceed contract amount of $2,384,432; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
23. A RESOLUTION APPROVING THE FILING OF APPLICATIONS FOR THE STATE
REVOLVING FUNDS FOR VARIOUS CIP PROJECTS FROM THE STATE OF
CALIFORNIA WATER RESOURCES CONTROL BOARD
The City Council adopted a Resolution approving the filing of applications for the State Revolving Funds (SRF) from the State of California Water Resources Control Board (SWRCB) for various Water Capital Improvement Projects, and authorize the City Manager, or designee, to execute any documents including; applications, agreements, and request for reimbursements to carry out necessary project related activities and implement the program.
RESOLUTION NO. 2024-130 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE FILING OF APPLICATIONS
FOR THE STATE REVOLVING FUNDS FOR VARIOUS CIP PROJECTS FROM THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD.
24. ACCEPTANCE OF GRANT AWARD INCREASE FROM THE U.S. DEPARTMENT
OF HOMELAND SECURITY AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES PROVIDED THROUGH THE FY 2020 URBAN AREA SECURITY
INITIATIVE (UASI) GRANT PROGRAM AND AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT
ASSESSMENT CONSULTING INC. (A.T.A.C.)
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accept additional funding for a sub-grant award in the amount of $128,810 from the U.S. Department of Homeland Security and the California Oce of Emergency Services provided through the FY 2020 Urban Area Security Initiative (UASI) Grant Program and execute Amendment No. 8 to the Professional Services Agreement with American Threat Assessment Consulting Inc. (A.T.A.C.) of Rancho Cucamonga, California, extending the term of the agreement 34 Ontario City Council/Ontario Housing Authority/
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to complete the Facial Recognition Project to July 31st, 2025 and increasing the current funding threshold for a not-to-exceed contract total of $1,777,915.
25. ACCEPTANCE FOR GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2024-25 FOR THE AMOUNT OF $99,200
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accept the 12-month grant in the amount of $99,200.
26. A GOODS AND SERVICES AGREEMENT WITH CONSOLIDATED ELECTRICAL
DISTRIBUTORS FOR THE PURCHASE OF ELECTRICAL AND LIGHTING
SUPPLIES
The City Council authorized the City Manager, or his designee, to execute a Goods and Services Agreement with Consolidated Electrical Distributors, of Ontario, California, for a total contract amount not-to-exceed $593,585 for up to five years.
PUBLIC HEARINGS
29. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25
The City Council conducted a combined public hearing for the districts and take the following actions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:
A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and
C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.
RESOLUTION NO. 2024-134 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS
FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-135 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAMS AND
ASSESSMENTS, AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY 35 Ontario City Council/Ontario Housing Authority/
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WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-136 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR FISCAL YEAR 2024-25
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion.
MOTION: Moved by Council Member Bowman, and seconded by Mayor pro Tem Porada carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-134, 2024-135, and 2024-136.
30. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2024-25 The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2, and:
A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.
RESOLUTION NO. 2024-137 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS
FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2 FOR FISCAL YEAR 2024-25.
RESOLUTION NO. 2024-138 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2024-25.
36 Ontario City Council/Ontario Housing Authority/
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RESOLUTION NO. 2024-139 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2024-25.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion.
MOTION: Moved by Council Member Valencia, seconded by Council Member Bowman and carried by a unanimous vote 5-0, adopt Resolution Nos. 2024-137, 2024-138, and 2024-139.
31. A PUBLIC HEARING TO CONSIDER APPROVAL OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, INC. FOR THE ADAPTIVE REUSE OF THE HISTORIC PROPERTY LOCATED AT 207 NORTH EUCLID AVENUE (APN: 1048-565-09) The City Council adopted a Resolution approving the Disposition and Development Agreement between the City of Ontario and HDC Construction, Inc. and authorized the City Manager, or his designee, to sign all documents necessary to implement the Agreement.
RESOLUTION NO. 2024-140 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION INC. FOR THE DISPOSITION AND DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 207 EUCLID AVENUE (APN 1048-565- 09) AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, adopt Resolution No. 2024-140. 37 Ontario City Council/Ontario Housing Authority/
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32. TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING,
MEMBERSHIP AGREEMENT WITH THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY, AND ISSUANCE OF REVENUE OBLIGATIONS
FOR REAL JOURNEY ACADEMIES
The City Council took the following actions:
A. Conducted a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (“CEDA”) of not to exceed $55,500,000 of the Authority’s Revenue Obligations (the “Obligations”) for the benefit of REAL Journey Academies Foundation, Inc., a California nonprofit public benefit corporation (the “Borrower );
B. Adopted a Resolution approving an Associate Membership Agreement between the City of Ontario and the CEDA; and,
C. Adopted a Resolution approving the issuance of the Obligations by the Authority to finance the Facilities for the benefit of the Borrower.
RESOLUTION NO. 2024-141 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP IN
THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE
EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY.
RESOLUTION NO. 2024-142 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,500,000 FOR THE
PURPOSE OF FINANCING CERTAIN EDUCATIONAL FACILITIES AND CERTAIN
OTHER MATTERS RELATING THERETO FOR THE BENEFIT OF REAL JOURNEY ACADEMIES, INC.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion.
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-141 and 2024-142. 38 Ontario City Council/Ontario Housing Authority/
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33. A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT FOR 21.58 ACRES OF LAND GENERALLY LOCATED SOUTH
OF E STREET, NORTH OF HOLT BOULEVARD, WEST OF EUCLID AVENUE,
EAST OF PALM AVENUE AND THE NORTHERN PORTION OF THE BLOCK
BETWEEN FERN AND PALM AVENUES AND C AND D STREETS
The City Council took the following actions:
A. Considered and adopted a Resolution approving a Mitigated Negative Declaration in accordance with the California Environmental Quality Act and adopting a related Mitigation Monitoring and Reporting Program for File No.
PUD23-004; and
B. Introduced and waived further reading of an Ordinance approving File No.
PUD23-004, the Downtown West Planned Unit Development (PUD), to establish a set of planning and design principles, development regulations and performance standards to govern future development of 21.58 acres, generally located south of E Street, north of Holt Boulevard, west of Euclid Avenue, east of Palm Avenue and the northern portion of the block between Fern and Palm Avenues and C and D Streets, within the LUA-1 (Euclid Avenue Entertainment) of the MU-1 (Downtown Mixed Use) zoning district.
RESOLUTION NO. 2024-143 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AND ADOPTING A RELATED MITIGATION MONITORING AND REPORTING PROGRAM FOR FILE NO. PUD23-004.
ORDINANCE NO. 3282 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PUD23-004, A PLANNED UNIT DEVELOPMENT TO ESTABLISH PLANNING AND
DESIGN PRINCIPLES, DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS TO GOVERN FUTURE DEVELOPMENT OF 21.58 ACRES OF LAND,
GENERALLY LOCATED SOUTH OF E STREET, NORTH OF HOLT BOULEVARD,
WEST OF EUCLID AVENUE, EAST OF PALM AVENUE, AND THE NORTHERN
PORTION OF THE BLOCK BETWEEN FERN AND PALM AVENUES AND C AND D STREETS, WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1048-566-08, 1048-566-09, 1048-566-10, 1048- 566-02, 1048-566-01, 1048-566-03, 1048-566-04, 1048-566-06, 1048-566-07, 1048-561-07, 1048-561-08, 1048-561-09, 1048-561-10, 1048-561-12, 1048-561-13, 1048-562-01, 1048-562-02, 1048-565-01, 1048-565-04, 1048-565-05, 1048-565-06, 1048-566-06, 1048-566-07, 1048-354-04, 1048-354-05, 1048-354-06, 1048-354-07, 1048-354-08, 1048-353-13, 1048-353-14, 1048-354-01, 1048-354-02, 1048-354-03, 1048-565-14, 1048-566-05, 1048-566-11, 1048-561-11, 1048-562-03, 1048-562-06, 1048-562-07, 1048-563-01, 1048-563-02, 1048-563-03, 1048-563-04, 1048-563-05, 1048-576-01, 1048-576-02, 1048-563-07, 1048-563-08, 1048-564-07, 1048-564-11, 39 Ontario City Council/Ontario Housing Authority/
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1048-564-12, 1048-564-13, 1048-564-14, 1048-565-02, 1048-565-03, 1048-563-06, 1048-563-07, 1048-563-08, 1048-563-09, 1048-563-10, 1048-565-07, 1048-565-08, 1048-565-09, 1048-565-10, 1048-565-11, 1048-565-12, 1048-565-13, 1048-563-11, 1048-564-01, 1048-564-02, 1048-564-03, 1048-564-04, 1048-564-05, 1048-564-06, 1048-564-08, 1048-564-09, 1048-564-10.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and entertained council discussion. Mayor pro Tem Porada spoke in opposition.
MOTION: Moved by Council Member Wapner, seconded by Mayor Leon and carried by a vote 4-1, with Mayor pro Tem Porada opposed, adopt Resolution No. 2024-143 and introduce Ordinance No. 3282.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION:
34. A RESOLUTION AUTHORIZING THE ISSUANCE OF WATER REVENUE BONDS, SERIES 2024A AND RELATED MATTERS
The City Council and the Ontario Public Financing Authority took the following actions:
A. City Council considered and adopted a Resolution making a declaration of intent to issue tax-exempt obligations for the City's water system; B. City Council considered and adopted a Resolution authorizing the execution and delivery of an Installment Purchase Agreement for the purpose of causing the issuance of Water Revenue Bonds, Series 2024, in an aggregate principal amount of not to exceed $50 million to finance certain improvements to the City’s water system;
C. Ontario Public Financing Authority considered and adopted a Resolution approving the sale of the Water Revenue Bonds, Series 2024A, in an aggregate principal amount of not to exceed $50 million in connection with the financing of certain improvements to the City's water system.
D. Approved the forms of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Certificate, the Installment Purchase Agreement, and the Preliminary Official Statement;
E. Authorized the execution of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Certificate, the Installment Purchase Agreement, a deemed final certification in connection with the Preliminary Ocial Statement, a final Ocial Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers; and
40 Ontario City Council/Ontario Housing Authority/
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F. Authorized the City Manager to negotiate and execute contracts for the services of Bond and Disclosure Counsel, Municipal Advisor, Underwriter, and Trustee.
RESOLUTION NO. 2024-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAXEXEMPT OBLIGATIONS FOR ITS WATER SYSTEM.
RESOLUTION NO. 2024-145 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE EXECUTION AND
DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE
PURPOSE OF CAUSING THE ISSUANCE OF NOT TO EXCEED $50,000,000
AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE BONDS, SERIES 2024A AND APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH AND CERTAIN OTHER MATTERS.
OPFA-009 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ONTARIO
PUBLIC FINANCING AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SALE OF ITS WATER REVENUE BONDS, SERIES 2024A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000 AND
APPROVING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION THEREWITH AND CERTAIN OTHER MATTERS.
Mayor Leon inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained council discussion.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 5-0, adopt Resolution Nos. 2024-144, 2024-145, and OPFA-009.
35. WEST-END ANIMAL SERVICES AGENCY JOINT POWERS AUTHORITY
AGREEMENT WITH THE CITY OF CHINO
The City Council considered and:
A. Approved the Joint Exercise of Powers Agreement establishing the West-End Animal Services Agency (Agency) and authorize the City Manager to execute the Agreement on behalf of the City;
B. Appointed Mayor Leon and Mayor pro Tem Porada to serve as Directors, and Council Member Bowman as an alternate, to serve on the Agency's Board of Directors;
C. Authorized the City of Ontario to serve as the Agency's Interim Administrator and to provide administrative services to the Agency, including a Treasurer/Auditor-Controller and Secretary, and authorized the City Manager to execute an Agreement or other instrument establishing the cost of providing the administrative services;
41 Ontario City Council/Ontario Housing Authority/
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D. Authorized the City Manager to take all other actions and execute all other documents or appropriate to carry out the terms of the Agreement and the City's role as Interim Administrator.
Mayor Leon inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained council discussion.
MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-1, with Council Member Valencia opposed, to approve the item as presented.
STAFF MATTERS:
City Manager Ochoa made no announcements.
COUNCIL MATTERS:
Mayor pro Tem Porada made no comments.
Council Member Wapner sought consensus to adjourn in memory of Private First Class Charles Powers.
Council Member Bowman made no comments.
Council Member Valencia made no comments.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there were five written public comments:
Anthony Noriega, regarding alleged misconduct.
Brandon Barbeau, regarding illegal fireworks.
Stephen May, regarding alleged misconduct
Celina Lopez, regarding alleged misconduct
Loree Masonis, regarding Item No. 24 of the consent calendar.
Mayor Leon called upon the first speaker:
Tina Silva, spoke regarding
Leticia Garcia, spoke regarding threats made to a minor.
Maria Galvan, spoke regarding alleged misconduct.
Ted Burnett, spoke regarding alleged misconduct.
Stephen May, spoke regarding alleged misconduct.
Anthony Noriega, spoke regarding alleged misconduct
Lois Sicking, spoke regarding alleged misconduct.
Jesse Fonseca, was not present when called upon.
42 Ontario City Council/Ontario Housing Authority/
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Regular Meeting Minutes – July 16, 2024
ADJOURNMENT:
Mayor Leon adjourned the meetings of the Joint Agencies at 8:35 p.m. in memory of Private First Class Charles Powers and announced the next regular meeting was scheduled for August 6, 2024.
Respectfully submitted,
____________________________________
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
43 Department: Financial Services
Prepared By: William B Quan
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Doreen Nunes
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: A PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT MANAGEMENT AND
ADVISORY SERVICES
CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or designee to execute a Professional Services Agreement with Chandler Asset Management, Inc., for investment management and advisory services, for a period of three years, with two optional one-year extensions.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT: The increased revenue generated from the investment rate of return will offset the fees incurred for the investment management and advisory services.
BACKGROUND & ANALYSIS: As of June 30, 2024, the City of Ontario's investment portfolio was $1.2 billion dollars, which consisted of the following categories: Bonds funds held with fiscal agents, OPEB funds with trustees, LAIF (Local Agency Investment Fund), CAMP (California Asset Management Program), Cash, and Investment securities. The investment securities represented $679 million dollars of the portfolio. Per California Government Code Sections 53600 et seq. and the City's Investment Policy, the City shall invest in a manner that provides for the safety of principal and sufficient liquidity while providing a suitable investment return. The City has been managing its investments internally. The size and complexity of the City's portfolio are sufficient to require a reasonably high level of portfolio management skills and resources from a professional investment adviser.
The City issued a Request for Proposal (RFP) number 1807 on May 17, 2024, for investment management and advisory services. The RFP was posted on PlanetBids and eight proposals were received by the submission deadline of June 14, 2024. The RFP review committee for the procurement consisted of three Financial Services Agency members, including the City's Chief Investment Officer (CIO). The evaluation criteria included qualifications of the advisory firm and personnel, technical competence and experience, references, project understanding and approach, completeness of responses, and reasonableness of the cost of services. Following a detailed review 44 and evaluation of the submitted proposals, all ratings were tabulated, and the top two firms were invited to a final interview with the City Treasurer and Executive Director of Finance. The City Treasurer, Executive Director of Finance along with the CIO selected Chandler Asset Management, Inc. ("Chandler") to provide investment management and advisory services to the City.
Chandler's service fees are calculated in two tiers. Assets under management for the first $300 million is calculated at 4 basis points (0.04 of 1%), which equates to 0.0004 and assets above $300 million is calculated at 3 basis points (0.03 of 1%), which equates to 0.0003. Based on the June 30, 2024 securities value of $679 million, the estimated service fee for the month of June is $19,491.
The estimated annual service fee based on the prior year is $250,092. The investment earnings for the prior year were $21,592,203. The increase in investment earnings will offset the fees incurred for these services. The fee schedule is included in Exhibit C of the Professional Services Agreement between the City and Chandler.
Chandler is a local investment adviser based in San Diego, CA, focusing on the management of high-quality fixed income portfolios for local governments and special districts guided by the objectives of safety, liquidity, and return. Chandler has served public agency clients for over 36 years and currently manages $35.4 billion in assets for over 200 local government clients, including 158 public agency clients in California. Some of their local municipal clients include the City of Riverside, City of Corona, City of Chino Hills, City of Moreno Valley, and City of Palm Springs.
Chandler has been a partner with the City of Ontario since 1993 providing portfolio reporting services and annual investment policy reviews. They have been a valuable resource to the City providing market commentary, policy update recommendations, and best practices.
Pursuant to the Professional Services Agreement, Chandler will be providing all-inclusive services including full-time, non-discretionary investment advisory and portfolio management services, comprehensive reporting, quarterly investment advisory meetings, online access to the Chandler client portal, as well as providing additional treasury support services such as cash flow analysis, portfolio accounting, compliance monitoring and fixed income education and training. Chandler's full scope of services is included in Exhibit A of the Professional Services Agreement between the City and Chandler.
45 46700.00100\40935195.1
BB&K (2023) -1- PROFESSIONAL SERVICES AGREEMENT
CITY OF ONTARIO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California ("City") and Chandler Asset Management, Inc, a Corporation, with its principal place of business at 9255 Towne Centre Drive, Suite 600 San Diego, CA 92121 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Investment Management and Advisory Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Investment Management and Advisory Services project ("Project") as set forth in this Agreement.
46 46700.00100\40935195.1
BB&K (2023) -2- PROFESSIONAL SERVICES AGREEMENT
3. TERMS.
3.1 Scope of Services and Term.
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 consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 1, 2024 to September 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
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 Annual Asset Management Fee referenced in Exhibit “C” 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.
3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
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BB&K (2023) -3- PROFESSIONAL SERVICES AGREEMENT
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Nicole Dragoo, Chief Executive Officer.
3.3.5 City's Representative. The City hereby designates Armen Harkalyan, Executive Director of Finance, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Nicole Dragoo, Chief Executive Officer, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill
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and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to 49 46700.00100\40935195.1
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protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s 50 46700.00100\40935195.1
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ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.
3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. 51 46700.00100\40935195.1
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(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
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3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 53 46700.00100\40935195.1
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3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.
3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, 55 46700.00100\40935195.1
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at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years 56 46700.00100\40935195.1
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from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Chandler Asset Management, Inc
9255 Towne Centre Drive, Suite 600
San Diego, CA 92121
ATTN: Nicole Dragoo, Chief Executive Officer
City:
City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Armen Harkalyan, Executive Director of Finance
Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, 58 46700.00100\40935195.1
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pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim 59 46700.00100\40935195.1
BB&K (2023) -15- PROFESSIONAL SERVICES AGREEMENT
procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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BB&K (2023) -16- PROFESSIONAL SERVICES AGREEMENT
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
61 46700.00100\40935195.1
BB&K (2023) -17- PROFESSIONAL SERVICES AGREEMENT
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
CHANDLER ASSET MANAGEMENT, INC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF ONTARIO CHANDLER ASSET MANAGEMENT, INC
By: AAA
Its: BBB
Printed Name: CCC
By: DDD
Its: EEE
Printed Name: FFF
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
62 46700.00100\40935195.1
BB&K (2023) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"
SCOPE OF SERVICES
Chandler Asset Management is pleased to offer the City of Ontario the following services:
1. Actively manage the City’s investment portfolio pursuant to specific, stated investment objectives in a non-discretionary manner. Place all orders for the purchase and sale of securities.
Execute all approved trades through competitive bidding processes when possible.
2. Develop and implement an investment strategy that will maintain or enhance portfolio quality and performance within the parameters of the City’s Investment Policy and cash flow requirements.
3. Ensure portfolio compliance with applicable laws and the City’s Investment Policy including ordinances and resolutions relating to the investment of public funds.
4. Provide the City with investment reports that shall include, but not be limited to the following:
a. Monthly statements with all the information required by the California Government Code and Governmental Accounting Standards Board (GASB). These reports must include, but not limited to:
detailed portfolio holdings including a complete description of the portfolio, the type of investments, the issuers, purchase price, accrued interest, amortized cost, market and book values, purchase date, maturity date, next upcoming potential call date, assigned security ratings by a nationally recognized statistical rating organization (NRSRA), principal and interest payments, effective earnings rate, yield to maturity, days to maturity, and portfolio summary statistics. b. Quarterly investment reports including a description of market conditions, investment strategies employed, performance, and suggested changes to investment strategy.
5. Perform broker/dealer due diligence and maintain relations with the broker/dealer community.
6. Continually monitor market conditions and report on any recommended changes to policies, strategies, and specific positions.
7. Annually, or as needed, review the City’s Investment Policy and provide recommended changes per California Government Code or to incorporate best practices as provided by relevant statewide and national organizations.
8. Attending Quarterly Investment Advisory meetings to present investment performance and market conditions. Attend City Council or ad-hoc meetings on an as needed basis.
9. Serve as a general resource to the City’s staff for information, advice, and training regarding fixed-income investments. Communicate as necessary with City staff to understand the City’s investment operations.
63 46700.00100\40935195.1
BB&K (2023) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"
SCHEDULE OF SERVICES
Implementation Tasks
Investment Program Implementation from Notice of Award - Timing dependent on contracting process •
•
•
•
Execute investment management agreement
o See Sample Agreement and Proposed Additional Terms in Appendix.
I omplete opening documentation
Establish or review the custodial relationship
Determine sources of funding
Strategy Development - Typically 1·2 weeks
•
•
•
•
•
Review Investment Policy
Analyie cash needs
Discuss investment objectives
Assess risk parameters
Create a customized investment strategy
Preparing to Invest -Typically 1·2 weeks
•
•
•
•
•
•
Develop a Management Directive for each pool of funds
Set up read-only access to a custodial account
Build asset s in Chandler trading and accounting systems Assign Chandler Client Portal credentials and conduct Portal demonstration Train City staff on Chandler's Reporting Portal
Establish trading rules with Chandler Compliance Team
Investment of Funds a Ongoing
•
•
•
Execute funding strategy for initial purchases
Carry out active, discretionary investment to maintain target portfolio structure Inform staff on investment progress through regular communication, monthly reports and quarterly formal portfolio reviews
64 46700.00100\40935195.1
BB&K (2023) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"
COMPENSATION
Chandler is pleased to provide comprehensive, full time non-discretionary investment advisory and portfolio management services to the City as described herein Chandler’s proposal and in the City’s Scope of Services in accordance with the following tiered fee schedule based on average assets under management:
Fee Schedule for the City of Ontario
Assets Under
Management Annual Asset Management Fee
First $300 M 4 bps (0.04 of 1%)
Assets above $300 M 3 bps (0.03 of 1%)
The proposed fee schedule is all-inclusive for the services that Chandler provides, including full time non-discretionary investment advisory and portfolio management services, technological resources, onboarding and implementation, online access to the Chandler Client Portal, comprehensive reporting, meetings, personal visits, and educational offerings for your staff.
Chandler does not charge fees on funds held in vehicles not directly under our management, including Local Government Investment Pools and internally managed liquid funds. Fees are firm for the entire contract term, and the City will not be subject to any increases during this period.
The investment advisor will not provide custodial services or security safekeeping. 65 Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: AN ORDINANCE APPROVING FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT FOR 21.58 ACRES OF LAND GENERALLY LOCATED SOUTH OF E
STREET, NORTH OF HOLT BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM
AVENUE AND THE NORTHERN PORTION OF THE BLOCK BETWEEN FERN AND
PALM AVENUES AND C AND D STREETS
CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an Ordinance approving File No.
PUD23-004, the Downtown West Planned Unit Development (PUD), to establish a set of planning and design principles, development regulations and performance standards to govern future development of 21.58 acres, generally located south of E Street, north of Holt Boulevard, west of Euclid Avenue, east of Palm Avenue and the northern portion of the block between Fern and Palm Avenues and C and D Streets, within the LUA-1 (Euclid Avenue Entertainment) of the MU-1 (Downtown Mixed Use) zoning district.
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. Implementation of the Planned Unit Development would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impacts fees.
BACKGROUND & ANALYSIS: On July 16, 2024, the City Council introduced and waived further reading of an Ordinance for File No. PUD23-004. The City has initiated a PUD to facilitate the revitalization of downtown Ontario, streamline development, encourage historic preservation and adaptive reuse, and provide development flexibility to achieve the City’s goals to economically revitalize and aesthetically enhance the Project area. The MU-1 (Downtown Mixed-Use) zoning district requires the preparation and approval of a PUD to establish a set of planning and design principles, development regulations and performance standards to govern future development.
The proposed Downtown West Planned Unit Development is appended to the attached Ordinance as "Attachment A.” The Project area is envisioned as a district with a mixture of retail, office, and 66 residential uses in a pedestrian friendly atmosphere, with the most intensive uses envisioned along Euclid Avenue and Holt Boulevard. A maximum intensity of 2.0 Floor Area Ratio and a density range of 25.0 to 75.0 dwelling units per acre is allowed as provided by the MU-1 (Downtown Mixed-Use) zoning district.
The District and Block Plans of the PUD establishes three land use subdistricts and includes context sensitive development standards that are specific to each block and location. The Downtown Mixed-Use Retail Core (MU-RC) zone is comprised of four City blocks (Blocks A through D) that front onto Euclid Avenue from Holt Boulevard to D Street and is envisioned as an 18-hour entertainment, shopping, and dining destination. Holt Boulevard, a future multi-modal corridor, is envisioned as the primary east-west connection from the Ontario International Airport/Hospitality district to the downtown. The goals of the MU-RC zone are to enable a mixture of commercial uses with strategic multiple-family residential infill development to activate storefronts to generate pedestrian foot traffic, create an enhanced, vibrant, and active public realm and streetscape along Euclid Avenue, create mid-block connections along Euclid Avenue to increase walkability and activity where public art and outdoor dining are encouraged, and to transform the north-south running public alley into a pedestrian-friendly enhanced connection with entrances, outdoor dining, and “greening” (landscape and enhanced paving) that collectively creates a lively and dynamic atmosphere.
The Downtown Mixed-Use Transitional (MU-T) zone is comprised of 4 City blocks (Blocks E thru H), bordered by Laurel Avenue to the east, Palm Avenue to the west, D Street to the north and Holt Boulevard to the south and is envisioned to enable a mix of commercial uses, multiple-family residential housing types, and mixed-use development. The goals of the MU-T zone are to support development flexibility by allowing variations in building heights to respond to the surrounding context, identifying B Street as an extension of Euclid Avenue as a more walkable retail “Main Street” atmosphere, enhancing the public realm with decorative crosswalks, “bulb out” curb extensions, public art, bicycle infrastructure, and introducing new “placemaking” elements such as suspended lighting and parklets.
The Downtown Residential (DR) zone is a half city block (Block I) located west of Palm Avenue, east of Fern Avenue, south of D Street and north of the public alley. The primary goal of the DR zone is to ensure compatible housing types with the existing surrounding residential neighborhood and create an appropriate transition of land uses and building scale.
COMMUNITY MEETINGS: Community and stakeholder engagement for the PUD included three rounds of community outreach conducted through in-person pop-up events as part of existing community events, two rounds of targeted stakeholder conversations via roundtable sessions and one in-person showcase. The community and participants displayed overall support for the vision and goals, highlighting the unique character of Ontario’s historic downtown. In addition, they advocated for mobility options to promote accessibility, active transportation infrastructure for safer connections, and public realm enhancements.
PLANNING COMMISSION REVIEW AND ACTION: On May 28, 2024, the Planning Commission conducted a public hearing to consider the proposed PUD. Upon conclusion of the public hearing, the Planning Commission voted unanimously (5-0) to approve Resolution No. PC24-015, recommending the City Council approve the proposed PUD. 67 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 PUD are addressed in the attached Planning Commission backup material.
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. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land Use Compatibility Plan ("ONT ALUCP"), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. Staff 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, staff has concluded that the proposed PUD is consistent with the policies and criteria set forth within the ONT ALUCP.
ENVIRONMENTAL REVIEW: The proposed PUD is a “project” pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts. On the basis of the initial study, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of insignificance, a Mitigated Negative Declaration was prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines. Furthermore, to ensure that the mitigation measures are implemented, a Mitigation Monitoring and Reporting Program has been prepared for the Project pursuant to CEQA Guidelines Section 15097, which specifies responsible agencies/departments, monitoring frequency, timing and method of verification and possible sanctions for non-compliance with mitigation measures.
The environmental documentation for this Project is available for review at the Planning Department.
68 ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-004, A PLANNED UNIT
DEVELOPMENT TO ESTABLISH PLANNING AND DESIGN PRINCIPLES,
DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS
TO GOVERN FUTURE DEVELOPMENT OF 21.58 ACRES OF LAND,
GENERALLY LOCATED SOUTH OF E STREET, NORTH OF HOLT
BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM AVENUE,
AND THE NORTHERN PORTION OF THE BLOCK BETWEEN FERN AND
PALM AVENUES AND C AND D STREETS, WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE)
ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF— APNS: 1048-566-08, 1048-566-09, 1048-566-10, 1048-566-02, 1048-566- 01, 1048-566-03, 1048-566-04, 1048-566-06, 1048-566-07, 1048-561-07, 1048-561-08, 1048-561-09, 1048-561-10, 1048-561-12, 1048-561-13, 1048-562-01, 1048-562-02, 1048-565-01, 1048-565-04, 1048-565-05, 1048-565-06, 1048-566-06, 1048-566-07, 1048-354-04, 1048-354-05, 1048-354-06, 1048-354-07, 1048-354-08, 1048-353-13, 1048-353-14, 1048-354-01, 1048-354-02, 1048-354-03, 1048-565-14, 1048-566-05, 1048-566-11, 1048-561-11, 1048-562-03, 1048-562-06, 1048-562-07, 1048-563-01, 1048-563-02, 1048-563-03, 1048-563-04, 1048-563-05, 1048-576-01, 1048-576-02, 1048-563-07, 1048-563-08, 1048-564-07, 1048-564-11, 1048-564-12, 1048-564-13, 1048-564-14, 1048-565-02, 1048-565-03, 1048-563-06, 1048-563-07, 1048-563-08, 1048-563-09, 1048-563-10, 1048-565-07, 1048-565-08, 1048-565-09, 1048-565-10, 1048-565-11, 1048-565-12, 1048-565-13, 1048-563-11, 1048-564-01, 1048-564-02, 1048-564-03, 1048-564-04, 1048-564-05, 1048-564-06, 1048-564-08, 1048-564-09, 1048-564-10.
WHEREAS, the City of Ontario ("Applicant") has initiated approval of a Planned Unit Development (PUD), File No. PUD23-004, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 21.58 acres of land (8.5 City Blocks) generally located south of E Street, north of Holt Boulevard, west of Euclid Avenue, east of Palm Avenue, and the northern portion of the block between Fern and Palm Avenues and C and D Streets within the LUA-1 (Euclid Avenue Entertainment) of the MU-1 (Downtown Mixed Use) zoning district, and is presently improved with a mixture of retail, residential, and office land uses and paved surface parking lots; and WHEREAS, the properties to the north of the Project site is within the OL (Office Low Intensity) and MU-1(Mixed Use Downtown) zoning districts and is developed with office, retail and residential uses. The properties to the east and south are within the MU1 (Mixed Use Downtown) zoning district which are developed with office, retail and 69 residential. The properties to the west are located within the MDR-11 (Medium Density Residential) HDR-45 (High Density Residential) and are developed with a school, church, and multiple-family and single family residential; and
WHEREAS, an existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT); and
WHEREAS, the purpose of the PUD is to facilitate the revitalization of downtown Ontario, streamline development, encourage historic preservation and adaptive reuse, and provide development flexibility to achieve the City’s goals to economically revitalize and aesthetically enhance the Project area; and
WHEREAS, the PUD includes components that regulate land use, urban design, development and design standards for new (infill) construction, redevelopment of underutilized sites, and adaptive reuse of historic and existing buildings, architectural character and design and historic preservation; and
WHEREAS, the LUA-1/MU-1 (Downtown Mixed Use) zoning district is envisioned as an intensive vertical and horizontal district with a mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, with the most intensive uses envisioned along Euclid and Holt Avenues. Consistent with the LUA-1/MU-1 zoning district and TOP Downtown District Place Type, the Downtown West PUD grants a maximum intensity of
2.0 Floor Area Ratio and a density range of 25.0 to 75.0 dwelling units per acre; and WHEREAS, the PUD establishes the Downtown Mixed-Use Retail Core (MU-RC) zone that is comprised of 4 city blocks (Blocks A-D) that front onto Euclid Avenue from Holt Boulevard to D Street and is envisioned as an 18-hour entertainment, shopping, and dining destination, whereas Holt Boulevard, a future multi-modal corridor, is envisioned as the primary west-east connection from the Ontario International Airport/Hospitality district to the downtown; and
WHEREAS, the goals of the MU-RC zone are to enable a mixture of commercial uses with strategic multiple-family residential infill development, activate storefronts to generate pedestrian foot traffic, such as retail, restaurant, and entertainment, as well as design treatments that support a lively and comfortable public realm, create an enhanced, vibrant, and active public realm and streetscape along Euclid Avenue, create mid-block connections along Euclid Avenue to increase walkability and activity where public art and outdoor dining is encouraged, and to transform the north-south running public alley into a pedestrian-friendly enhanced alley with entrances, outdoor dining, and “greening” (landscape and enhanced paving) that collectively creates a lively and dynamic atmosphere; and
WHEREAS, the Downtown Mixed-Use Transitional (MU-T) zone is comprised of 4 city blocks (Blocks E- H), bordered by Laurel Avenue to the east, Palm Avenue to the 70 west, D street to the north and Holt Boulevard to the south and is envisioned to enable a mix of commercial uses, a variety of multiple-family residential housing types, and mixed use development; and
WHEREAS, the goals of the MU-T zone is to support development flexibility with allowing a variation of building heights to respond to the surrounding context, identifying B street as an extension of Euclid Avenue as a more walkable retail “Main Street” atmosphere, enhancing the public realm with decorative crosswalks, “bulb out” curb extensions, public art, bicycle infrastructure, and introducing new “placemaking” elements such as suspended lighting and parklets; and
WHEREAS, the Downtown Residential (DR) zone is a half city block (Block I) located west of Palm Avenue, east of Fern Avenue, south of D street and north of the public alley. The primary goal of the DR zone to ensure compatible housing types with the surrounding residential; and
WHEREAS, the PUD includes Block-specific standards created to respond to place-based conditions and goals which include allowable range of building heights of 40 feet (3 stories) to 65 feet (5 stories), 0 to 10 feet of building setbacks, 10 and 15 feet of stepbacks for upper level additions to existing buildings at certain locations, and parking requirements; and
WHEREAS, the PUD requires a minimum of 1 resident parking space per bedroom, 0.20 guest parking per dwelling unit, and 1 parking space per 250 square feet of Gross Floor Area of commercial; and
WHEREAS, in order to achieve the preferred density and building intensities, the PUD allows for a combination of on-site and on-street parking to provide an adequate parking supply to meet the anticipated parking demand for the Project. All resident parking is provided on site, while guest parking and retail visitor spaces are allowed on-street; and
WHEREAS, the PUD includes architectural design standards and guidelines, specific to the downtown location and variety of building types, and establishes the following design principles:
(a) Create an architectural character that reflects the various styles within the historic downtown. New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.
(b) The overall character should feel like a modern interpretation of a traditional American small town.
(c) Create compatibility between the mixed-use, residential and commercial architecture within the downtown area; the introduction of unifying elements 71 such as similar materials and colors should be considered; however, “sameness” is discouraged; and
WHEREAS, the PUD requires a Certificate of Appropriateness, in conjunction with a Development Plan, in order to safeguard identified historic resources listed on the Ontario Register of Historic Places and any unknown historic resources yet to be discovered; and
WHEREAS, the PUD relies upon the Secretary of Interior Standards, for the Treatment of Historic Properties, the Ontario Development Code (Certified Local Government), Ontario Downtown Design Guidelines, and best practices for preservation to guide appropriate design for new (infill) construction, redevelopment of underutilized sites, and adaptive reuse of historic and existing buildings; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts; and WHEREAS, on the basis of the initial study, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of insignificance, an Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines; and WHEREAS, the MND was made available to the public and to all interested agencies for review and comment pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines; 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
72 WHEREAS, on May 28, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the MND, MMRP, and the Project, and concluded said hearing on that date, voting to issue Resolution No. PC24-015 recommending the City Council approve the Application; and
WHEREAS, on July 2, 2024, the City Council of the City of Ontario conducted a hearing to consider the MND, MMRP, and the Project, and concluded said hearing on that date and continued the item to the July 16, 2024, City Council meeting; and WHEREAS, as the first action on the Project, on July 16, 2024, the City Council approved a resolution adopting MND and MMRP prepared pursuant to CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of significance, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:
SECTION 1: Environmental Determination and Findings. As the decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration and the administrative record for the Project, including all written and oral evidence provided during the comment period. Based upon the facts and information contained in the MND, MMRP, and the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The MND, MMRP, and the administrative record, have been completed in compliance with CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines; and
(2) The MND and MMRP contain a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the Planning Commission; and
(3) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and
(4) All environmental impacts of the Project are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the MND and MMRP.
SECTION 2: Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires 73 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 DAB, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 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 through 2 above, the City Council hereby concludes as follows:
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan. The Project is consistent with Vision, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan. Section 1.1, The Ontario Plan Objectives of the Downtown West Planned Unit Development, describes the manner in which the PUD complies with the Policy Plan goals and policies.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Planning Commission has required certain safeguards through conditions of approval, which have been established to ensure that:
[i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the 74 project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Downtown West PUD area is situated in the heart of Ontario’s downtown and is adjacent to residential and commercial land uses and development.
The surrounding development supports the objective of the Downtown West PUD further commercial, residential and mixed-use development. The Project does not affect the harmonious relationship with adjacent properties and land use.
(4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed Downtown West PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, offstreet parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage.
Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development.
(5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The Downtown West PUD will establish minimum building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards will facilitate the commercial, residential, and mixed-use development. The proposed Downtown West PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.
SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Application.
SECTION 5: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any 75 claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 7: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 8: Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 9: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
76 APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
77 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 July 16, 2024 and adopted at the regular meeting held August 20 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 August 16, 2024 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
78 ATTACHMENT A:
File No. PUD23-04;
Downtown West Planned Unit Development
(Document follows this page)
79 VERSION (DRAFT)
Downtown West Planned Unit Development
JULY 2024
Prepared for:
CITY OF ONTARIO
Prepared by:
80 VERSION (DRAFT)
TABLE OF CONTENTS
1 Introduction ....................................................................................................................................................................................................................................... 1
1.1 The Ontario Plan (TOP) 2050 Objectives ................................................................................................................................................................... 3
1.2 Background and Related Efforts .............................................................................................................................................................................. 11
1.2.1 Downtown Ontario Design Guidelines ...................................................................................................................................................... 11
1.2.2 Downtown Civic Center Planned Unit Development ................................................................................................................................. 11
1.2.3 West Euclid Activation ............................................................................................................................................................................... 11
1.2.4 Euclid Avenue Relinquishment and Historic Property Treatment and Management Plan ....................................................................... 12
1.3 Community and Stakeholder Engagement .............................................................................................................................................................. 13 2 Vision and Guiding Principles .......................................................................................................................................................................................................... 16
2.1 Land Use, Urban Design, and Public Realm Concept .............................................................................................................................................. 19
2.1.1 Euclid Avenue ............................................................................................................................................................................................ 20
2.1.2 Holt Boulevard ........................................................................................................................................................................................... 23
2.1.3 B Street ...................................................................................................................................................................................................... 24
2.1.4 The Alley .................................................................................................................................................................................................... 26
2.1.5 Laurel Avenue ............................................................................................................................................................................................ 28 3 District and Block Plan ..................................................................................................................................................................................................................... 29
3.1 Downtown Mixed-Use Retail Core (Blocks A-D) ...................................................................................................................................................... 30
3.2 Downtown Mixed-Use Transitional (Blocks E-H) ..................................................................................................................................................... 31
3.3 Downtown Residential (Block I) .............................................................................................................................................................................. 32 4 Zoning and Land Use Plan ................................................................................................................................................................................................................ 33
4.1 Zoning Districts ........................................................................................................................................................................................................ 33
4.1.1 Downtown Mixed-Use Retail Core (MU-RC) .............................................................................................................................................. 33
4.1.2 Downtown Mixed-Use Transitional (MU-T) ............................................................................................................................................... 34
4.1.3 Downtown Residential (DR) ....................................................................................................................................................................... 35
4.2 Permitted Land Uses ............................................................................................................................................................................................... 37 5 Development Regulations and Guidelines ....................................................................................................................................................................................... 40
5.1 Applicability ............................................................................................................................................................................................................. 40
5.2 Density and Intensity ............................................................................................................................................................................................... 43 81 5.3 Building Height ........................................................................................................................................................................................................ 44
5.3.1 Upper-Level Stepbacks .............................................................................................................................................................................. 46
5.4 Setbacks ................................................................................................................................................................................................................... 47
5.5 Building Design ........................................................................................................................................................................................................ 50
5.5.1 Entrances ................................................................................................................................................................................................... 50
5.5.2 Modulation ................................................................................................................................................................................................ 50
5.5.3 Transparency ............................................................................................................................................................................................. 50
5.5.4 Building Façades ........................................................................................................................................................................................ 51
5.5.5 Ground Floor .............................................................................................................................................................................................. 51
5.5.6 Varied Roofline .......................................................................................................................................................................................... 52
5.5.7 Roof Decks ................................................................................................................................................................................................. 52
5.5.8 Open Space ............................................................................................................................................................................................... 53
5.5.9 Landscaping ............................................................................................................................................................................................... 54
5.5.10 Vehicle Access and Parking ........................................................................................................................................................................ 54
5.6 Signs......................................................................................................................................................................................................................... 57
5.7 Service Facilities ...................................................................................................................................................................................................... 58
5.8 Infrastructure .......................................................................................................................................................................................................... 58
5.9 Historic Preservation ............................................................................................................................................................................................... 59
5.9.1 Brief Development History of Ontario and the PUD Area ......................................................................................................................... 59
5.9.2 Relevant Regulatory and Guidance Document References ....................................................................................................................... 60
5.9.3 Review of Resources in the PUD Area ....................................................................................................................................................... 65
5.9.4 Historic Preservation - Certificates of Appropriateness and Demolition .................................................................................................. 73
5.9.5 Historic Architectural Guidelines ............................................................................................................................................................... 75
5.10 Public Art ................................................................................................................................................................................................................. 83
5.10.1 Landmark Sculptures ................................................................................................................................................................................. 83
5.10.2 Murals ........................................................................................................................................................................................................ 83
5.10.3 Streetscape Amenities ............................................................................................................................................................................... 84
5.10.4 Private Development ................................................................................................................................................................................. 84
5.10.5 Temporary Programming ........................................................................................................................................................................... 84 6 Public Realm Standards and Guidelines .......................................................................................................................................................................................... 85
6.1 Overview ................................................................................................................................................................................................................. 85
6.2 Design Standards ..................................................................................................................................................................................................... 86
6.2.1 Sidewalk Clearance .................................................................................................................................................................................... 86 82 6.2.2 Outdoor Dining .......................................................................................................................................................................................... 88
6.3 Design Guidelines .................................................................................................................................................................................................... 90
6.3.1 Street Furniture ......................................................................................................................................................................................... 90
6.3.2 Pedestrian Connections ............................................................................................................................................................................. 92
6.3.3 Public Realm Signage and Wayfinding ....................................................................................................................................................... 92
6.3.4 Parkways and Street Trees ........................................................................................................................................................................ 93 7 Administration and Implementation ............................................................................................................................................................................................... 94
7.1 Development Code .................................................................................................................................................................................................. 94
7.2 Development Applications ...................................................................................................................................................................................... 94
7.3 Certificate of Appropriateness ................................................................................................................................................................................ 94
7.4 Exceptions ............................................................................................................................................................................................................... 94
7.5 CEQA Compliance .................................................................................................................................................................................................... 94
7.6 Implementation ....................................................................................................................................................................................................... 95 8 Section References and Additional Resources ................................................................................................................................................................................ 96
8.1 Historic Preservation ............................................................................................................................................................................................... 96
LIST OF FIGURES
Figure 2-1: Land Use, Urban Design, and Public Realm Concept for the PUD Area ........................................................................................................................... 19 Figure 2-2: Conceptual Illustration for Euclid Avenue ........................................................................................................................................................................ 21 Figure 2-3: Conceptual Illustration for Euclid Avenue ........................................................................................................................................................................ 22 Figure 2-4: Conceptual Illustration for Holt Boulevard....................................................................................................................................................................... 23 Figure 2-5: Conceptual Illustration for B Street .................................................................................................................................................................................. 25 Figure 2-6: Conceptual Illustration for B Street .................................................................................................................................................................................. 25 Figure 2-7: Conceptual Illustration for the Alley ................................................................................................................................................................................ 27 Figure 2-8: Conceptual Illustration for Laurel Avenue ........................................................................................................................................................................ 28 Figure 5-1: Downtown Ontario Design Guidelines Historic Districts - PUD Area ............................................................................................................................... 63 Figure 5-2: Historic Landmarks Map - South Section ......................................................................................................................................................................... 65 Figure 5-3: District 3 ........................................................................................................................................................................................................................... 66 Figure 5-4: Historic Resources ............................................................................................................................................................................................................ 67 Figure 6-1: Typical Layout of Outdoor Sidewalk Dining Space (Downtown Design Guidelines) ....................................................................................................... 89 83 LIST OF TABLES
Table 2-1: TOP 2050 Land Use Designations Summary – High-Density Residential and Mixed-Use - Downtown ................................................................................ 4 Table 4-1: Permitted Land Uses by Zoning District ............................................................................................................................................................................... 38 Table 5-1: Development Regulations Summary Table ......................................................................................................................................................................... 41 Table 5-2: Minimum Setbacks .............................................................................................................................................................................................................. 48 Table 5-3: Parking Requirements ......................................................................................................................................................................................................... 56 Table 5-4: Historic Resources ............................................................................................................................................................................................................... 68 Table 6-1: Recommended Street Trees in the PUD Area ..................................................................................................................................................................... 93
LIST OF MAPS
Map 1: PUD Area Vicinity Map ............................................................................................................................................................................................................... 1 Map 2: PUD Area Location Map ............................................................................................................................................................................................................. 2 Map 3: TOP 2050 Land Use Mixed Use – Downtown District Place Type .............................................................................................................................................. 4 Map 4: PUD Sub-Districts and Blocks ................................................................................................................................................................................................... 29 Map 5: Zoning Districts ......................................................................................................................................................................................................................... 36 Map 6: Ground Floor Land Use ............................................................................................................................................................................................................. 39 Map 7: Allowed Density and FAR ......................................................................................................................................................................................................... 43 Map 8: Allowed Heights........................................................................................................................................................................................................................ 45 Map 9: Street Setbacks ......................................................................................................................................................................................................................... 49 84 1
1 Introduction
The Downtown West Planned Unit Development (PUD) is
intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of the blocks between E Street to the north and Holt Boulevard to the south, and between Palm Avenue to the west and Euclid Avenue to the east, in addition to the portion of the block between D Street and the alley connecting Fern Avenue and Palm Avenue (PUD area). The PUD area is situated within the City of Ontario’s historic downtown and is adjacent to the City’s Civic Center, as shown in Map 1 (PUD Area Vicinity Map) and Map 2 (PUD Area Location Map). This PUD will facilitate the revitalization of downtown Ontario, streamline development, emphasize historic preservation and adaptive reuse, and provide development flexibility to achieve the City’s goals to economically revitalize and aesthetically enhance the project area.
This document is organized to fulfill the requirements for a PUD, as set forth in the Ontario Development Code. As such, this PUD will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply.
City staff and private developers will rely upon this PUD to determine whether precise plans for development (Development Plans) will adequately meet the City’s land use and design objectives for this key part of Ontario’s original downtown. The objectives have been defined through The Ontario Plan (TOP) (2020), summarized in the following sub-section.
Map 1: PUD Area Vicinity Map
85 2
Map 2: PUD Area Location Map
86 3
1.1 The Ontario Plan (TOP) 2050 Objectives
The Downtown West PUD builds upon the vision and development and design principles for Downtown Ontario as outlined in The Ontario Plan (TOP). The Ontario Plan (TOP) Community Design Element establishes “Districts” that have been categorized as “Place Types,” which are geographically large, culturally unique, and regionally significant areas of the city that fulfill different but complementary roles in creating a complete community. As regional destinations, districts serve as the “face of the city.” Each district has a distinct identity that reflects its role within the city context and establishes a defined sense of place through the creation of an amenity-rich, transit-accessible, mixed-use environments where people can live, work, shop, dine, and have many of their daily needs met within a comfortable and convenient walk or bike ride from their residence, transit stop, or parked vehicle.
The PUD area is located within the “Downtown District,” which is envisioned as the placed-based, people-focused, commercial, and cultural "heart" of the city and features several designated historic districts and landmarks. Downtown will support a variety of businesses, housing opportunities for residents with a variety of income levels, creative spaces, entertainment options, and institutional and civic uses, while preserving its historic character, buildings, neighborhoods, and places. Complementing the wide mix of uses are designs, layouts and public spaces that give residents, visitors, and businesses a strong sense of connection and creates a place where people want to spend time.
The TOP land use designation for the PUD area is Mixed-Use - Downtown (MU-Downtown) as shown inMap 3 (TOP 2050 Land Use Mixed Use – Downtown District Place Type) and summarized in Table 2-1 (TOP 2050 Land Use Designations Summary –Mixed-Use – Downtown). MU-Downtown is envisioned as an intensive vertical and horizontal district with a mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, with the most intensive uses envisioned along Euclid and Holt Avenues. In addition, in MU-Downtown, there is an intention to enhance historic character. Maximum intensity is 2.0 Floor Area Ratio and allowed density is 25.0 to 75 dwelling units per acre.
87 4
Table 2-1: TOP 2050 Land Use Designations Summary – High-Density Residential and Mixed-Use - Downtown Land Use Designation Residential Density & NonResidential Intensity Intention
Mixed-Use -
Downtown (MU -
Downtown)
25.0 to 75.0 dwelling units per acre
2.0 FAR for retail and office uses
Envisioned as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere. The historic character is enhanced. The most intensive uses are envisioned along Euclid and Holt Avenues.
Map 3: TOP 2050 Land Use Mixed Use – Downtown District Place Type 88 VERSION (DRAFT)
5 The TOP Plan Policy Plan (General Plan) establishes a long-term vision for Ontario: “a sustained, community-wide prosperity which continuously adds value and yields benefits.” In addition to this overarching vision, the following four components establish by City Council serve as the basic building blocks that set the foundation for a unified and prosperous community:
A Dynamic Stability that enables our community to confront the continued dynamic growth of the region and technological change with confidence and a sense of opportunity.
A Prosperous Economy that sustains the perception and reality of prosperity across our entire community that positively impacts all the people of Ontario and is broadly – though not uniformly – shared.
Distinctive Development that integrates our varied and diverse focal points, districts, centers, corridors, and neighborhoods to provide a feeling of coherence without sacrificing uniqueness.
Recognized Leadership in local governance that stimulates excellence and serves to unify the people of Ontario in support of best practices in conducting public endeavors.
The Downtown West PUD is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan ("TOP"). More specifically, the goals and policies of TOP that are furthered by this PUD are as follows:
City Council Goals
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 Governance
Decision Making:
- Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.
- G 1-2. Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision.
Vision: Distinctive Development - Commercial and Residential Development Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.
A system of vibrant retail, town, and neighborhood centers responsive to market demands and woven into the fabric of the community. A demonstrated ability to attract housing in pursuit of our acknowledged responsibility to balance housing with the job growth that drives our quality of life.
One of the most comprehensive and diverse housing stocks in the region that offers broad choices for its diverse workforce and their families, ranging from entry level housing to executive level development; from semi-rural to highly urban. 89 6
Distinctive and well-maintained neighborhoods that offer exceptional variety in lifestyles, with convenient access to schools, recreation and cultural facilities, places of worship, places of employment and shopping.
Vision: Distinctive Development - Development Quality
Unique and authentic districts, centers, and corridors of varied scales that establish Ontario as one of the most vital and diverse locales in Southern California.
Superior quality and design of the built environment and open spacesthrough careful attention to detail at every scale, including public and private spaces and structures.
Vision: Distinctive Development - Leisure and Cultural Activities Strong historic districts and cultural resources matching interests of a population with diverse cultural backgrounds, as well as offering a range of arts and entertainment venues of international significance.
Policy Plan (General Plan)
Land Use Element
Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life. - LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.
- LU-1.6 Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.
Goal LU-2 Compatibility: Compatibility between a wide range of uses and a resultant urban patterns and forms. - LU-2.6 Infrastructure Compatibility. We require infrastructure to be aesthetically pleasing and in context with the community character. Goal LU-3: Flexibility: Staff, regulations, and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.
- LU-3.1: Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision and provide objective standards that ensure predictability and deliver the intended physical outcomes. - LU-3.2: Design Incentives. We offer design incentives to help projects achieve the Vision. - LU-3.3: Land Use Flexibility. We consider uses not typically permitted within a land use category if doing so improves livability, reduces vehicular trips, creates community gathering places and activity nodes, and helps create identity. Goal LU-4 Phased Growth: Development that provides short-term value only when the opportunity to achieve our Vision can be preserved. - LU-4.4: Shared Infrastructure. We encourage and facilitate the use of shared infrastructure (including shared or managed parking) in urban, mixed use, and transit-oriented Place Types.
90 7
Housing Element
Goal H-2 Housing Supply & Diversity: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario. - H-2.1: Corridor Housing. We revitalize transportation corridors by encouraging the production of higher density residential and mixed-uses that are architecturally, functionally, and aesthetically suited to corridors. - H-2.2: Historic Downtown. We foster a vibrant historic downtown through facilitating a wide range of housing types and affordability levels for households of all ages, housing preferences, and income levels. - H-2.5: Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices. - H-2.6: Infill Development. We support the revitalization of neighborhoods through the construction of higher-density residential developments on underutilized residential and commercial sites. Goal H-3 Government Regulations: A City regulatory environment that balances the need for creativity and excellence in residential design, flexibility and predictability in the project approval process, and the provision of an adequate supply and prices of housing. - H-3.1: Incentives. We maintain incentive programs that can be offered to projects that provide benefits to the community such as exceptional design quality, economic advantages, environmental sustainability, or other benefits that would otherwise be unrealized. - H-3.2: Flexible Standards. We allow flexibility in the application of residential and mixed-use development standards in order to gain benefits such as exceptional design quality, economic advantages, sustainability, or other benefits that would otherwise be unrealized. - H-3.3: Development Review. We maintain a residential development review process that provides certainty and transparency for project stakeholders and the public yet allows for the appropriate review to facilitate quality housing development. - H-3.4: Financial Incentives. We consider financial incentives to facilitate and encourage the production, rehabilitation or improvement of housing, or provision of services where such activity furthers housing and community-wide goals. Goal H-5 Special Needs: A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age, or other status. - H-5.1: Senior Housing. We support the development of accessible and affordable senior housing and provide financial assistance for seniors to maintain and improve their homes.
- H-5.2: Family Housing. We support the development of larger rental apartments that are appropriate for families with children, including, as feasible, the provision of services, recreation, and other amenities.
Parks and Recreation Element
Goal PR-1 Planning & Design: A system of safe and accessible parks that meets the needs of the community. - PR-1.1: Access to Parks. In all new residential development areas, we strive to provide a park and/or recreational facility within walking distance (¼ mile) of every residence and prioritize the establishment of parks in environmental justice areas that do not have adequate access to parks.
- PR-1.14: Multi-family Residential Developments. We require that new multi-family residential developments of five or more units provide recreational facilities or open space, in addition to paying adopted impact fees. 91 8
Community Economics Element
Goal CE-1 Complete Community: A complete community that provides for all incomes and stages of life. - CE-1.6: Diversity of Housing. We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses. - CE-1.7: Retail Goods and Services. We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.
Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be. - CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.
- CE-2.2: Development Review. We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional, and sustainable places that will compete well with their competition within the region. - CE-2.4 Protection of Investment. We require that new development and redevelopment project existing investment by providing architecture and urban design of equal or greater quality.
Safety Element
Goal S-1 Seismic & Geologic Hazards: Minimized risk of injury, loss of life, property damage, and economic and social disruption caused by earthquakeinduced and other geologic hazards. - S-1.1 Implementation of Regulations and Standards. We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.
Community Design Element
Goal CD-1 Complete Community: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
- CD-1.2: Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.
- CD-1.3: Existing Neighborhoods. We require the existing character of viable residential and non-residential neighborhoods be preserved, protected, and enhanced.
- CD-1.4: Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting. The extent of enhancement should be appropriate to the use, type, and context of each corridor. Goal CD-2 Design Quality: Goal: A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct. - CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
- Building volume, massing, and height to provide context-appropriate scale and proportion; 92 9
- A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
- Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style. - CD-2.4: Urban, Mixed Use, and Transit-oriented Areas. We establish Place Types to require mixed use, urban, and transit-oriented areas to be designed and developed as pedestrian oriented areas that are integrated with adjacent neighborhoods and promote a vibrant, comfortable, and functional environment, as defined for each Place Type. - CD-2.5: Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.
- CD-2.7: Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping, and buildings to reduce energy demand through solar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials, and construction techniques. - CD-2.8: Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting. - CD-2.9: Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits. - CD-2.10: Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
- Surface parking: Shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.
- Structured parking: facade articulation, screening, appropriate lighting, and landscaping. - Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.
- CD-2.11: Entry Statements. We encourage the inclusion of amenities, signage, and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places. - CD-2.12: Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and direct users to various aspects of the development and complement the character of the structures.
Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.
- CD-3.1: Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm. 93 10
- CD-3.2: Comfortable, Human-Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks.
- CD-3.3: Complete and Connected Network. We require that pedestrian, vehicular, and bicycle circulation on both public and private property be coordinated to provide connections internally and externally to adjacent neighborhoods and properties (existing and planned) through a system of local roads and trails that promote walking and biking to nearby destinations (including existing and planned parks, commercial areas, and transit stops) and are designed to maximize safety, comfort, and aesthetics. - CD-3.4: Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts. - CD-3.5: Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). - CD-3.6: Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type. Goal CD-4 Historic Preservation: Historic buildings, streets, landscapes, and neighborhoods, as well as the story of Ontario’s people, businesses, and social and community organizations, have been preserved and serve as a focal point for civic pride and identity. - CD-4.5: Adaptive Reuse. We actively promote and support the adaptive reuse of historic sites and buildings to preserve and maintain their viability.
94 VERSION (DRAFT)
11 1.2 Background and Related Efforts
In addition to the TOP, there are several previous plans and efforts focused on Downtown Ontario that served as background for the development of this PUD, shaping the vision and guiding principles. These previous plans and efforts are summarized in the following section. In addition, the City of Ontario’s ongoing focus on the Downtown area has resulted in several related efforts that seek to improve the historic character, urban design, mobility conditions, among others, all of which strengthens Downtown Ontario and complements this PUD. These efforts are summarized in Chapter 7 (Administration and Implementation) as part of the implementation of the PUD.
1.2.1 Downtown Ontario Design Guidelines
The Downtown Ontario Design Guidelines, adopted by City Council in 1998 as reference to the Development Code, establishes a set of architectural, graphic, and lighting design principles, to provide guidance to business owners, homeowners, City staff, and design professionals, for the development and/or rehabilitation of properties within the City’s historic original downtown area. The PUD area is encompassed within the Downtown Design Guidelines project area and straddles the Historic Retail and the Residential Districts as defined in the guidelines. This PUD aims to reinforce the concept plan and associated guidelines included in the Downtown Design Guidelines and further strengthen Downtown Ontario’s identity and character. The Downtown Ontario Design Guidelines should continue to be used as a guide for the PUD area to ensure that properties continue to enhance the City’s historic original downtown area.
1.2.2 Downtown Civic Center Planned Unit Development
The Civic Center Planned Unit Development, adopted in 2006 and amended in 2011 and 2021, includes planning and design principles, development regulations, and performance standards to guide and govern the development of a 6-block area of the City of Ontario, which consists of a portion of the City’s original downtown and its current civic center area.
The PUD area lies directly west of the Civic Center Planned Unit Development project location, as shown in Map 1, creating opportunities to define complementary regulations, standards, and guidelines along Euclid Avenue to ensure a cohesive corridor experience.
1.2.3 West Euclid Activation
The West Euclid Activation effort, which concluded in Spring 2022, focused on defining activation goals for West Euclid Avenue and developing strategies for the activation of properties in the Downtown area, many of which are City-acquired, to help achieve the long-term goal of re-visioning the area as the cultural and entertainment heart of Ontario. Goals for the effort that influence this PUD include: (1) A vibrant and walkable district with rich historic and architectural The Euclid Avenue median divides the west side of Euclid Avenue, shown on the left and part of this PUD area, and the east side of Euclid Avenue, shown on the right and part of the Downtown Civic Center Planned Unit Development area.
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character, (2) a regional tourist destination, (3) the heartbeat of Ontario’s thriving arts and culture scene, and (4) an 18-hour downtown with a variety of uses that support residents, visitors, and business owners. As part of the effort, existing and proposed projects were identified and focused projects for further study were determined. Several urban design studies were also included to re-envision specific sites within the downtown area, which are also located within the PUD area, including:
Gemmel’s Pharmacy, a historic building with an opportunity to be subdivided into multiple tenants to activate the Euclid Avenue and B Street ground floor frontage through active uses such as a café or entertainment club with upper floor residential units. The design study envisions façade improvements that enhance the existing historic character as well as a parklet along B Street to support adjacent restaurants, in addition to a suite of other placemaking strategies.
Granada Theater, a 1926 historic theater, envisioned as an anchor of a revitalized Downtown with an opportunity to be restored and infused with new uses, such as retail shops, creative offices, and arts-related uses. The design study envisions active ground floor design treatments and façade improvements.
123 W D Street, an Art Deco style building with an opportunity for adaptive reuse into a quasi-industrial use such as a brewery or other maker-space operation, or entertainment venue. The design study envisions reuse of existing surface parking lot as outdoor space with enhancements like shade, lighting, and art.
A new concept for B Street is also included, which envisions the street as an active, pedestrian-focused street with a variety of placemaking elements, in addition to a concept to transform existing alleys in into activated, pedestrian-focused alleyways. The vision and activation concepts from the West Euclid Activation document serve as background and context for the development of the PUD guiding principles and the land use and urban design concepts, discussed in Chapter 2-4.
1.2.4 Euclid Avenue Relinquishment and Historic Property Treatment and Management Plan In 2020, the City approached the California Department of Transportation (Caltrans) and formally initiated the relinquishment of State Route 83 (Euclid Avenue) to the City. Caltrans conducted and approved Relinquishment Assessment Reports in 2023 to determine if relinquishment is appropriate from a state transportation perspective and found that Euclid Avenue does not serve regional or statewide transportation needs, thereby allowing the City the control in the operation of the transportation system to better represent community interests.
As part of the relinquishment of Euclid Avenue, Caltrans and the City prepared a Historic Property Treatment and Management Plan (HPTMP) which fulfills regulatory compliance for the relinquishment of the historic segment of Euclid Avenue. The public right-of-way from Philadelphia Street to the I-10 was designated as Local Landmark No. 67 by City Council on January 16, 2001. On August 10, 2005, the public right-of-way from Philadelphia Street in Ontario to 24th Street in Upland was listed on the National Register of Historic Places as a significant cultural landscape. Contributing character-defining features of the resource include the 60-foot wide median, historic rock curb, scored sidewalks, King standard light posts, double planting of California pepper trees (Schinus molle), silk oaks trees (Grevillea robusta), and other mature vegetation such as deodar trees (Cedrus deodara) and Canary Island palms (Phoenix canariensis). The HPTMP provides guidance to the City on appropriate maintenance practices and future improvements in a manner that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. Implementation of the HPTMP will preserve, protect and enhance the historic character and quality of Euclid Avenue, streamline environmental review for future improvement projects, and safeguard Euclid Avenue’s position on the National Register of Historic Places. 96 13
1.3 Community and Stakeholder Engagement
Community and stakeholder engagement for the Downtown West PUD included three rounds of community outreach and two rounds of targeted stakeholder conversations via roundtable sessions. The community outreach was conducted through in-person pop-up events as part of existing community events and online via virtual workshops. The roundtable sessions consisted of key stakeholders, including property and business owners, residents, representatives from the downtown Ontario Improvement Association, developers, and others.
An overview of the three rounds of engagement is summarized in the following pages, along with a summary of the feedback shared by the community and stakeholders:
Round 1 Visioning and Goals aimed to share the PUD vision and goals, as well as capture community ideas, aspirations, and priorities. - Feedback from broader community: The community displayed overall support for the vision and goals, highlighting the unique character of Ontario’s historic downtown. In addition, they advocated for mobility options to promote accessibility and active transportation infrastructure for safer connections.
- Feedback from the stakeholder roundtable: Discussions highlighted the Granada Theater as an important historical asset, emphasizing the need for consistent programming to activate it. Stakeholders stressed the importance of effective waste management systems and ample parking to support local businesses in downtown Ontario.
Suggestions from stakeholders included the enhancement of community parking accessibility and reimagining alleys to facilitate social activities. Moreover, leveraging the West Valley Connector Bus Rapid Transit (BRT) Project, a 19-mile zero emission BRT that is estimated to open in 2026 connecting the Ontario International Airport (ONT) to two Metrolink lines (San Bernardino and Riverside), and multiple major activity centers, including Downtown Ontario via Holt Boulevard, would promote connectivity to mass transit and encourage the use of alternative transportation methods, reducing car-dependence in the area.
The community engaged with a pop-up art installation to provide their input on the vision and goals for the PUD. The pop-up was part of the larger State of the City event in March 2023.
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Round 2 Land Use and Urban Design Concept focused on capturing community feedback for preliminary land use and urban design concepts.
- Feedback from the stakeholder roundtable: Stakeholders tasked the PUD with providing clarity on design standards for private development and recommendations for improvements for alley enhancements and public art. In addition, the PUD should provide recommendations for the location and management of the trash facility.
Furthermore, to enhance connectivity, stakeholders suggested the exploration of an east-west connection on the block between B and C street along Euclid Avenue. - Feedback from broader community: The community was enthusiastic about a comprehensive and interconnected network, particularly with enhancements to the public realm, pedestrian safety, and landscaping. The concept of an open garden with pop-up food vendors was well liked due to its potential to establish family-friendly spaces. There was continued support for the adaptive reuse of historic buildings on B Street and Laurel Avenue to promote more active uses. Community members enjoyed the idea of transforming alleyways into a pedestrian-centric area that would potentially create shopping and dining destinations downtown. To accommodate for the influx of people, they recommended extending business hours and increasing the frequency of public transportation.
Common Themes across Engagement
Maintain historic character.
Adaptive reuse of historic structures with
active uses, such as shopping and dining.
Pedestrian infrastructure to make it safer
and more comfortable to get around.
Prioritize the success of local businesses
through improved waste management and
ample parking.
Enhanced transportation infrastructure that
supports mobility options and makes it
easier to get around in the district by foot or
bike.
The community responded to
the Land Use and Urban Design
Concept and conceptual
illustrations for key sites within
the downtown. The pop-up was
part of summer concert series
in the park in July 2023.
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Round 3 Draft PUD Showcase focused on sharing the draft contents of the PUD with the community and answering questions. The Showcase was designed as an open house with topical stations, including:
1. About the Project, which covered the PUD area, about PUDs, project timeline, and relationship to the TOP.
2. Vision and Guiding Principles, which highlighted the overall vision and the six guiding principles for the project, as well as the land use, urban design, and public realm concept for the PUD area. The concept also included corridor-specific concepts for Euclid Avenue, Laurel Avenue, Holt Boulevard, B Street, and the Alley.
3. Historic Overview, which covered the historic-focused components of the PUD, including key standards, relationship to the Downtown Ontario Design Guidelines, and the PUD-specific Historic Architectural Guidelines.
4. Height and Setbacks, which highlighted allowed heights and setback standards in the PUD area.
5. Land Use and Ground Floor Environment, which included a map of zoning districts with intent statements, a summary of ground floor use standards for B Street, Holt Boulevard, and Euclid Avenue, and ground floor design standards.
6. Next Steps, which highlighted key projects that address mobility, historic preservation, culture, wayfinding, and future development that are separate from the PUD and will be implemented over the next few years.
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2 Vision and Guiding Principles
The Downtown West PUD vision describes the future of the PUD area to provide direction for how the area will grow and evolve over time. The vision is consistent with the TOP and builds off the West Euclid Activation effort, discussed in Section 1.2. The vision is supported by guiding principles that aim to provide additional detail on how to achieve the vision.
Downtown West PUD Vision
As the historic center of Ontario, Downtown West, is envisioned as the placed-based, people-focused, commercial, and cultural "heart" of the city and features several designated historic buildings and landmarks.
Downtown West will support a variety of businesses, housing opportunities for residents with a variety of income levels, creative spaces, entertainment options, and institutional uses while preserving its historic character, buildings, neighborhoods, and places.
Complementing the wide mix of uses are designs, layouts and public spaces that give residents, visitors, and businesses a strong sense of connection and creates a place where people want to spend time. 100
17 GUIDING PRINCIPLES
COMPLETE & CONNECTED NETWORK
Downtown West’s robust grid pattern network connects the retail core seamlessly to surrounding neighborhoods, Holt Boulevard, and the future Bus Rapid Transit (BRT) station for the West Valley Connector. The layout of the street system provides for a variety of choices across travel routes and modes for each trip. Downtown West’s simple, open network of pedestrian-friendly streets and blocks is the ideal built environment and framework for any urban, mixed use, or transit-oriented area, and the existing block structure should be maintained and enhanced through mid-block paseos and improved alleys.
To support the vision, the following guiding principles apply:
UNIQUE IDENTITY
Downtown Ontario is the economic, cultural, and civic hub of Ontario, organized by a simple, walkable network of tree-lined streets, laid out as a new “Model Colony” in the 1880s. Downtown West’s history, historic buildings, and distinct urban form define downtown’s unique identity. This is especially true on the west side of Euclid Avenue where a continuous streetwall of quality buildings, many of which are historic resources, create an irreplaceable sense of place and history. Downtown’s historic character and architectural styles should be celebrated and enhanced through appropriate infill development and adaptive re-use of historic and non-historic structures to reinforce the area’s identity. HUMAN SCALE PUBLIC REALM
Downtown West’s public realm is a traditional network of sidewalks and public open spaces that are lined with a rich variety of buildings. The district’s streets, sidewalks, and alleys should be enhanced as “outdoor rooms of community,” providing an attractive, comfortable, safe, and lively environment to walk, explore, shop, dine, meet friends and neighbors, and participate in community events. Each new public and private public realm improvement should reinforce a “pedestrians first” intent, and complement existing character, with a focus on strengthening the public realm character along Euclid Avenue through an enhanced sidewalk environment with elements that match the east side of the street.
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18 Within Downtown West, historic buildings from various time periods comfortably mix with newer buildings. Along Euclid Avenue, buildings are unified by active ground floors with transparent storefronts and accessible pedestrian entries from the sidewalk aligned with a historic “main street” character. Across the district, new buildings are welldesigned, with appropriate height based on location, with façade enhancements that also provide opportunities for public art. Future infill development and renovations should respect and reflect established facade patterns to preserve Downtown’s historic character. The architecture of new buildings should not try and replicate historic styles, but be contemporary while harmonizing with the scale, rhythm, and character of their historic predecessors.
Within the heart of Downtown West, a variety of active uses built right up to the sidewalk “blur the line” between the outdoor public realm and the indoor private businesses. Restaurants, cafes, and shops enliven the sidewalk environment through activities and outdoor dining. On side streets and as one moves toward surrounding residential neighborhoods, frontages are designed with ground floor commercial uses and residences that quitter in nature and promote privacy from passersby. Buildings here are set back from the sidewalk, reducing visibility into the residence or office, while offering views outward to the street and other public spaces, improving public safety and pedestrian comfort.
Successful downtowns require active and coordinated management of infrastructure, services, and activities, including parking, trash, public realm maintenance, special events, business recruitment, and on-going promotional activities. For Downtown Ontario, the active and coordinated management of the area’s variety of infrastructure and services can help the district to remain competitive. Of note is a managed system of trash collection along the north-south alley between Euclid Avenue and Laurel Avenue within Downtown West that seeks to balance the desire for an enhanced, pedestrian alley with the opportunity to consolidate trash collection across tenants.
MANAGED INFRASTRUCTURE
ACTIVE & CONTEXT-SENSITVE FRONTAGES
APPROPRIATE CONTEXTUAL
BUILDING DESIGN & PRESERVATION
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19 2.1 Land Use, Urban Design, and Public Realm Concept The Downtown West PUD vision and guiding principles are visualized in Figure 2-1 (Land Use, Urban Design, and Public Realm Concept) with a focus on demonstrating land use, urban design, public realm-related possibilities, and potential development opportunities within the PUD area. As a companion to the overall concept for the PUD area as shown in Figure 2-1, the following section highlights several illustrative concepts showcasing development opportunities for the PUD area focused on the following key corridors: (1) Euclid Avenue, (2) Holt Boulevard, (3) B Street, (4) the Alley, and (5) Laurel Avenue. These concepts aim to provide additional detail around future conditions and on-the-ground views of the PUD area to illustrate the implementation of land use, urban design, future development, and public realm-related outcomes of the project. It is important to note that participation by a variety of City of Ontario departments is needed to fully implement the land use, urban design, and public realm concepts for the PUD.
Figure 2 -1: Land Use, Urban Design, and Public Realm Concept for the PUD Area 103
20 2.1.1 Euclid Avenue
As the historic and preeminent boulevard in the city, as well as the north-south major spine and eastern boundary of the PUD area, the future vision for Euclid Avenue is centered on protecting and strengthening this important corridor through promoting a diverse array of destinations where residents and visitors can comfortably walk, shop, explore, dine, and meet friends. Historic buildings fronting Euclid Avenue are protected with additional opportunities for new development through adaptive reuse to further infuse the street with a mix of retail shops, restaurants, and entertainment venues, as well as new housing opportunities, as shown in Figure 2-2 (Conceptual Illustration for Euclid Avenue). The continuous street edge and urban form is preserved, ensuring that any new development complements and enhances historic resources to further celebrate the unique identity of downtown.
Historic Euclid Avenue
Euclid Avenue plays an important role in Ontario’s historic downtown and the overall character of the PUD area. Euclid Avenue is a major scenic and historic resource of the city given its status as Local Landmark No. 67 with character defining features, such as the 60-foot-wide landscaped median, scored sidewalks, King standard light posts, and a California pepper tree and silk oak tree canopy. Additionally, the rightof-way and median from 24th Street in Upland to Philadelphia Street in Ontario are listed on the National Register of Historic Places as a significant cultural landscape historic district. Many buildings that line Euclid Avenue within the downtown are historic resources with a defined architectural character and street wall, occupied by a variety of Existing Public Realm along Euclid Avenue
Euclid Avenue is a major scenario and historic resource in the city. 104
21 Continuous commercial uses and active storefronts fronting Euclid Avenue generate a constant flow of pedestrian traffic and are complemented by a vibrant and welcoming public realm with generous sidewalks, street trees, and streetscape furniture that reflects the existing street character on the east side of Euclid Avenue.
Euclid Avenue seamlessly blends indoor and outdoor public spaces to create a series of “outdoor rooms” and green spaces for the community, allowing activities, events, temporal programming and kiosks, and outdoor dining to spill out onto sidewalks and into plazas, blurring the line between the public and private spaces.
Landscaping along Euclid Avenue is designed to achieve harmony and unity between the indoor and outdoor spaces and softens hardscape areas, enhancing the pedestrian experience. Mid-block paseos provide connections between Euclid Avenue and the alley to promote greater pedestrian access and connectivity within downtown, as shown in Figure 2-3 (Conceptual Illustration for Euclid Avenue).
The public right-of-way of Euclid Avenue has an opportunity to be enhanced with the relinquishment of the historic corridor from California Department of Transportation to City of Ontario’s ownership, as discussed in Section 1.2, allowing the street to transform into a multi-modal corridor, with mid-block pedestrian connections, high-visibility crosswalks, on-street parking, and bicycle lanes.
Local businesses with active storefronts along Euclid Avenue Figure 2-2: Conceptual Illustration for Euclid Avenue
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22 Precedent Imagery for Euclid Avenue
Existing open space, referred to as the Cactus Garden, that fronts Euclid Avenue
Figure 2-3: Conceptual Illustration for Euclid Avenue
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23 2.1.2 Holt Boulevard
The future vision for Holt Boulevard, which serves as a key east-west corridor for the downtown and the southern boundary of PUD area, is centered on further establishing it as the southern gateway to downtown. To further define a sense of arrival to the downtown from Holt Boulevard, transit-oriented development and taller buildings frame the street and contribute to a distinctive skyline, serving as a visual beacon. The facades of the buildings are canvases for public art and murals, highlighting the rich history and identity of Ontario, as shown in Figure 2-4 (Conceptual Illustration for Holt Boulevard).
With the future Bus Rapid Transit (BRT) station for the West Valley Connector at the intersection of Holt Boulevard and Lemon Avenue, Holt Boulevard is transformed into a multi-modal corridor that provides connections between downtown Ontario and major activity centers within San Bernardino County. First-last mile improvements, such as enhanced crosswalks, are in place to promote safe and convenient access for pedestrians, cyclists, and public transit users. Holt Boulevard also has a comfortable public realm with streetscape elements, such as pedestrian-scaled lighting, landscaping, and a mature tree canopy.
Figure 2-4: Conceptual Illustration for Holt Boulevard
Precedent Imagery for Holt Boulevard
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24 2.1.3 B Street
B Street serves as pedestrian-oriented, east-west corridor within the PUD area, with a future vision as a vibrant “main street” where local businesses thrive.
Historic facades and enhanced storefronts offer a setting for a diverse range of community-serving uses and amenities and housing. The upper floors of buildings fronting B Street, whether existing or new, create versatile spaces that can accommodate commercial and residential uses, as shown in Figure 2-5 (Conceptual illustration for B Street).
B Street has a unique public realm with overhead lighting spanning the street to create a pedestrian-scaled environment, parklets to provide outdoor dining to support restaurants, landscaped bulb-outs, enhanced crosswalks, and signage to guide visitors to the alley and Euclid Avenue. B Street is also lined with mature street trees that frame the street and offer shade for pedestrians. Pedestrian and bicycle mobility and safety are enhanced on B Street as a bicycle boulevard with intersection improvements.
Existing Condition of B Street Existing Public Realm on B Street 108
25 Precedent Imagery for B Street Figure 2-5: Conceptual Illustration for B Street Figure 2-6: Conceptual Illustration for B Street
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26 2.1.4 The Alley
The alley provides north-south access in the PUD area as a parallel path to Euclid Avenue, connecting east-west streets between E Street and Holt Avenue. The mix of active ground floor uses fronting Euclid Avenue extend their vibrancy to the enhanced alley with entrances, storefronts, outdoor dining, and greening that collectively create a lively and dynamic atmosphere, as shown in Figure 2-7 (Conceptual illustration for the Alley). The enhanced alley features a special asphalt treatment to create a sense of place and human-scale and lighting that helps to distinguish it from other walkways. The alley also creates a flexible venue that can be temporarily closed to vehicular traffic to accommodate a variety of uses and activities, such as entertainment and music, cultural events, and community programming. Downtown Ontario’s cultural identity is represented through interactive public art installations, murals, and sculptures that line the alley.
A pedestrian-focused and enhanced alley serves many purposes for the project area, depending on its specific block and the needs of the surrounding context.
The alley is a space that integrates shared infrastructure, such as waste and trash services that are centrally located and accessible to support local commercial businesses. The alley is a preferred green and walkable path for pedestrians, connecting residents and visitors to parking, housing, and other destinations. To support this balanced and flexible vision, the alley segment between A block and B block is envisioned to support more functional alley infrastructure, while the segment between D block and C block adjacent to the Granada Theater is envisioned as a vibrant, active pedestrian-focused alley.
Existing Condition of the Alley Existing Alley Gateway at Holt Avenue 110
27 Precedent Imagery for the Alley
Precedent Imagery for the Alley
Figure 2-7: Conceptual Illustration for the Alley
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28 2.1.5 Laurel Avenue
As a neighborhood greenway, Laurel Avenue is focused on the comfort and safety of pedestrians and cyclists by providing a local connection and route from the Mixed-Use Retail Core and Mixed-Use Transitional subdistricts to the heart of downtown.
Laurel Avenue’s public realm design includes improvements of pedestrian-friendly features such as enhanced crosswalks, a mature tree canopy, pedestrian lighting, and landscaping, as shown in Figure 2-8 (Conceptual illustration for Laurel Avenue).
Laurel Avenue has a mix of three to four story mixed-use or residential buildings with active ground floor uses that contribute to the character of the street.
Precedent Imagery for Laurel Avenue
Figure 2-8: Conceptual Illustration for Laurel Avenue
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29 3 District and Block Plan
The District and Block Plan for the PUD area
establishes the following sub-districts and
blocks as shown in Map 4 (PUD Sub-Districts
and Blocks) and described in the following
subsection:
Downtown Mixed-Use Retail Core
sub-district encompasses Blocks A-D
located between E Street to the north,
Holt Boulevard to the south, Euclid
Avenue to the east, and Laurel Avenue
to the west.
Downtown Mixed-Use Transitional
sub-district encompasses Blocks E-H
located between E Street to the north,
Holt Boulevard to the south, Laurel
Avenue to the east, and Palm Avenue
to the west.
Downtown Residential sub-district
includes Block I located between D
Street to the north, an alley
connecting Palm Avenue and Fern
Avenue to the south, Palm Avenue to
the east, and Fern Avenue to the west.
Map 4: PUD Sub-Districts and Blocks
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30 3.1 Downtown Mixed-Use Retail Core (Blocks A-D)
The Downtown Mixed-Use Retail Core sub-district encompasses Blocks A–D located between E Street to the north, Holt Boulevard to the south, Euclid Avenue to the east, and Laurel Avenue to the west. This sub-district includes blocks that front Euclid Avenue, the major north–south corridor within the PUD area that is envisioned as an 18-hour entertainment, shopping, and dining destination, and Holt Boulevard, a future multi-modal corridor. The purpose of the sub-district is to:
Enable a mix of commercial uses with strategic multifamily residential infill development to support the creation of a vibrant mixed-use district where people can walk to a variety of neighborhood destinations.
Require active uses and active frontages along Euclid Avenue, B Street, Holt Boulevard, and the north–south
alley located between Euclid Avenue and Laurel Avenue
through uses that generate pedestrian foot traffic, such as retail, restaurant, and entertainment, as well as design treatments that support a lively and comfortable public realm.
Along Euclid Avenue, maintain the visual character and development scale of up to 45 feet (4 stories)not to exceed the height of historic buildings, such as the Granada Theatre to further protect and enhance the corridor as a major
scenic and historic resource of the city.
Create an enhanced, vibrant, and active public realm and streetscape along Euclid Avenue that is consistent with the existing elements located on the east side.
Promote safe and convenient multi-modal access with enhanced public and private right-of-way that improves pedestrian and bicycle connectivity and encourages car-independent visits to and within downtown. Provide a southern gateway on Holt Boulevard and first-last mile improvements to support connections from the West Valley Connector Bus Rapid Transit (BRT) station at Holt Boulevard and Lemon Avenue to downtown. Integrate shared infrastructure facilities, such as parking, trash services, and open space opportunities to support new development and uses downtown. Transform the north–south alley located between Euclid Avenue and Laurel Avenue, and the open space fronting Euclid Avenue on Block A referred to as the “cactus garden” into publicly accessible open spaces for downtown users with activation, public art, and programming. Create mid-block connections along Euclid Avenue to provide greater porosity and pedestrian access to the alley. Orient public artwork as part of new development within the public realm to be visually and/or physically accessible to the public to showcase the culture and identity of downtown Ontario.
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31 3.2 Downtown Mixed-Use
Transitional (Blocks E-H)
The Downtown Mixed-Use Transitional sub-district encompasses Blocks E–H located between E Street to the north, Holt Boulevard to the south, Laurel Avenue to the east, and Palm Avenue to the west.
The purpose of the sub-district is to:
Enable a mix of commercial uses and multi-family residential infill development that accommodates various housing
typologies that support the creation of a complete
community and act as a transition from Downtown MixedUse Retail Core to existing residential neighborhood west of Palm Avenue. Support residential-only, multi-family infill housing in Block H.
Support development flexibility by allowing vertical and horizontal mixed-use projects, as well as commercial and entirely residential projects. Allow for variations in building height that respond to the surrounding context, including lower heights along Palm Avenue in proximity to existing residential uses.
Enable greater height within the core of the sub-district along Laurel Avenue of up to 50 feet (4 stories). Encourage the transformation of Laurel Avenue into a neighborhood greenway with pedestrian-scaled lighting, crosswalks and bicycle infrastructure, enhanced landscaping, and tree canopy to provide a safe and local connection for residents to downtown. Introduce placemaking elements, such as new suspended lighting, parklets, signage, landscape bulbouts, and enhanced crosswalks on B Street to enhance the sub-district and create an east–west “main street” with retail shops and services. Orient public artwork as part of new development within the public realm to be visually and/or physically accessible to the public to showcase the culture and identity of downtown Ontario.
Integrate shared infrastructure facilities, such as parking and open space opportunities to support new development and uses in downtown. Designate Block H exclusively for residential uses to support additional multi-family housing that accommodates a variety of housing typologies. Provide first-last mile improvements along Holt Boulevard to support pedestrian and bicycle connections from the West Valley Connector Bus Rapid Transit (BRT) station at Holt Boulevard and Lemon Avenue to downtown. 115
32 3.3 Downtown Residential (Block I)
The Downtown Residential sub-district includes Block I located between D Street to the north, an alley connecting Palm Avenue and Fern Avenue to the south, Palm Avenue to the east, and Fern Avenue to the west. The purpose of the sub-district is to:
Support additional multi-family infill housing that
accommodates various housing typologies.
Ensure compatible development with surrounding lowscale residential neighborhood through development and design standards.
Create height districts that respond to the surrounding residential neighborhood and create transitions between new and existing development.
116
33 4 Zoning and Land Use Plan
The Land Use Plan for the PUD is organized by zoning districts which use the same boundary as the sub-districts established in Chapter 2. Zoning districts are defined and described in the following sub-section and shown in Map 5 (Zoning Districts).
4.1 Zoning Districts
4.1.1 Downtown Mixed-Use Retail Core (MU-RC)
The MU-RC Zone intends to:
a. Provide a variety of shopping,
restaurant, entertainment, cultural
offerings, and multi-family housing
options within a mixed-use setting
that promotes a vibrant district and
pedestrian activity.
b. Reinforce and enhance Euclid
Avenue’s historic commercial
character within Downtown Ontario
through tailored ground floor uses
that also support an active pedestrian
environment, including retail,
restaurant, and entertainment.
c. Support a diverse ground floor
environment along Laurel Avenue
through a mix of residential units and
commercial uses, including
residential units directly accessible
from the sidewalk along all streets,
except Euclid Avenue.
117
34 4.1.2 Downtown Mixed-Use Transitional (MU-T)
The MU-T Zone intends to:
a. Provide for a variety of neighborhood
services and amenities and multifamily housing options within a mixeduse setting that promotes pedestrian activity.
b. Support a diverse ground floor
environment through a mix of
residential units and commercial uses
that focus on the provision of
community-serving uses that support
a complete neighborhood.
c. Support projects that are entirely
commercial, entirely multi-family, or a
mix of the two, either horizontally or
vertically configured.
d. Require new development on Block H
to be residential-only projects through
the establishment of a distinct subarea
to support more multi-family housing
in downtown within walking distance
to destinations and amenities.
Insert 4 story residential or mixed-use building
with façade articulation (not boxy)
118
35 4.1.3 Downtown Residential (DR)
The DR Zone intends to:
a. Provide a variety of multi-family
residential housing options that
create additional housing
opportunities within Downtown
Ontario and support residents who
are within walking distance of services
and amenities.
119
36 Map 5: Zoning Districts
120
37 4.2 Permitted Land Uses
Permitted land uses, activities, and facilities in the PUD area which are not addressed in the Ontario Development Code are listed in Table 4-1 (Permitted Land Uses by Zoning District). Details and full descriptions of specific land uses, activities, and facilities within each land use category are found in the Ontario Development Code Section 5.01 Land Use Matrix; definitions are included in Division 9.01 (Definitions) of the Ontario Development Code.
The Downtown West PUD defers to existing allowed land uses, activities, and facilities for those parcels located within the boundaries of the LUA-1 (Euclid Avenue Entertainment) sub-district of the MU-1 (Downtown Mixed Use) and Euclid Avenue (EA) Overlay Zoning Districts established by the Ontario Development Code.
The EA Overlay District is established to protect Euclid Avenue as a major scenic and historic resource of the City. Within LUA-1/MU-1, the Euclid Avenue Protection Corridor is established by the Ontario Development Code to restrict ground floor uses fronting Euclid Avenue to retail, restaurant, and entertainment uses per Table 5.02 Land Use Matrix and Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Use Map of the Ontario Development Code. Uses not allowed on the ground floor along Euclid Avenue but permitted within the MU-1 Zoning District may occupy the upper floors to create a mixed-use corridor.
This PUD extends the Euclid Avenue Protection Corridor ground floor use restrictions per Table 5.02 Land Use Matrix of the Ontario Development Code to B Street, Holt Boulevard, and sections of Laurel Avenue as identified in Map 6. In addition, this PUD establishes a ground floor use restriction for residential uses as listed in Table 4-1.
The symbols shown in Table 4-1 have the following meanings:
Symbol Description ODC Section
P Permitted -
C Conditionally Permitted Section 4.02.025 (Conditional Use Permits) of the Ontario Development Code
L1 Residential land uses are not permitted on the ground floor within 35 feet of the property line in specific locations indicated by Map 6.
Entries to upper floor or ground floor spaces behind the 35 feet are allowed.
-
Promoting Ground Floor Land Use Flexibility
Aligned with the Euclid Avenue Protection Corridor, allowed ground floor uses along Euclid Avenue are limited to retail, restaurant, and entertainment uses per the Ontario Development Code. To further support and complement Euclid Avenue, this PUD establishes the same ground floor use allowances to portions of B Street, Holt Boulevard, and Laurel Avenue as shown in Map 6. However, to promote additional residential development in the PUD area and flexibility, this PUD establishes an additional ground floor restriction, L1, which indicates that residential uses are allowed on the ground floor beyond 35 feet of the property line as indicated in Table 4-1. L1 is intended to support development flexibility while ensuring that uses lining the sidewalk encourage pedestrian foot traffic and activity.
121
38 Table 4-1: Permitted Land Uses by Zoning District
Uses Zoning District
MU-RC MU-T DR Additional
Blocks E-G Block H Block I Regulations/Notes
Residential
Multiple Family Dwellings P (L1) P (L1) P P
Senior Housing P (L1) P (L1) P P
Townhomes P (L1) P (L1) P P
Mixed-Use Developments (commercial developments
incorporating single-family and/or multiple-family dwellings)
P P - -
Work/Live Unit C C - -
122
39 Map 6: Ground Floor Land Use
123
40 5 Development Regulations and Guidelines
This chapter sets forth standards to govern the placement, height and bulk of permitted buildings and other structures, and to establish requirements for vehicular access, parking and loading, open space, landscaping, and signs for commercial uses to be incorporated into Development Plans. Unless otherwise stated herein, all development within the PUD area shall meet the applicable standards and requirements of the Ontario Development Code.
Guidelines and informational text are woven throughout this chapter to communicate design principles and desired features for the PUD area for relevant topic areas. Guidelines, which are recommendations, are listed in a separate box adjacent to the relevant development regulations, which are required, to provide guidance to business owners, property owners, homeowners, City staff, and design professionals for the development and/or rehabilitation of properties in the PUD area. The design guidelines included in this chapter are complementary to the Downtown Ontario Design Guidelines, which are included as Reference “C” of the Ontario Development Code, which establishes a set of architectural, graphic, and lighting design principles within the City’s historic original downtown area, which includes the PUD area.
5.1 Applicability
The standards and guidelines established by this chapter shall apply to Development Projects (Project) within the PUD area for any new construction, addition, remodel, or reallocation requiring a building permit, encroachment permit, or other similar entitlement by the City.
124
41 Table 5-1 (Development Regulations Summary) provides an overview of development standards for the PUD area with references to specific sections, where applicable, for more detailed regulations and information.
Table 5-1: Development Regulations Summary Table
Standard Zoning District
MU-RC MU-T DR
Density and Intensity
Dwelling Units per
Acre
25–75 DU/Acre
Floor Area Ratio 2.0 FAR Commercial
Building Height
Allowed Height Map 8
Upper-Level
Stepbacks
See Section 5.3.1
Setbacks
Street Setbacks Map 9
Other Setbacks
Block A-G None required
Block H and Block I Table 5-2 (Minimum Setbacks)
Minimum Building
Separation
Individual buildings on the same lot must have a minimum separation of 10’ clear between structures. Other requirements for clearance between buildings as regulated by the Uniform Building Code.
Allowable
Encroachments into
Required Setbacks
- ODC Sec. 6.01-D.2 (Block H
only)
ODC Sec. 6.01-D.2
Building Design
Entrances
Entrances
Commercial Along Euclid Avenue, Holt Boulevard, and B Street, all primary entrances for commercial uses shall be distinguished by architectural features or overhead projections, such as an awning or canopy.
Residential See Section 5.151
Modulation
Modulation Projects shall provide a horizontal change in plane in the building façade of at least 1.5’ every 50’ linear.
Transparency
Blank Walls Windowless expanses of walls shall not exceed 20’ length.
Façade Articulation
Façade Articulation See Section 5.5.4
Ground Floor
125
42 Materials A durable base material (12- 15 inches high min./max.) such as brick, tile, exterior cement plaster, or pre-cast architectural concrete shall be used.
Transparency
Commercial Glazing shall be clear glass to permit clear views into the interior space for a minimum of 70% of the ground floor.
Residential Glazing shall be clear glass to permit clear views into the interior space for a minimum and 15% for residential units on the ground floor.
Doors All glass doors are prohibited. Glass doors with kickplates are required. No part of any open doors shall extend into the public rightof-way.
Varied Roofline
Varied Roofline See Section 5.156
Roof Decks
Roof Decks Shall be stepped back a min. depth of 5’ from the roof edge.
Open Space
Private and Common Open Space
Minimum Average
Amounts
Min. average 200 sq. ft. combined open space per residential unit required through a combination of either private open space or common open space. At least 90 percent of residential units shall provide private open space at a minimum of 40 square feet.
Types Private open space: balconies, patios, and rooftops decks with direct access from residential unit. Common open space: passive and active, indoor, and outdoor spaces, open landscaped and hardscaped areas, and roof decks and patios if available to building community.
Minimum
Dimensions
Private open space: 40 sq. ft., min. of 6’ for any dimension thereof. Common open space: 15 sq. ft.
Paseos
Requirements See Section 5.158 (2)
Landscaping
Requirements Detailed Landscape and Irrigation Plan required for each Development Plan; see Section 5.5.9.
Vehicle Access and Parking
Vehicle Access
Vehicle Access Driveway locations shall be consistent with the City of Ontario’s Traffic and Transportation Guidelines. Max. of 1 vehicle access point permitted per parcel as approved by the City Engineer unless required by the Fire Department. No vehicle access shall be taken from Euclid Avenue, B Street, or Holt Boulevard.
Off-street Parking and Loading
Surface Parking Setback a min. of 20’ from primary frontage, 10’ from open space, and 7’ from back of sidewalk Layout and Design See Section 5.1.11 (2.a.i)
Required Number
of Parking Spaces
Table 5-4 (Parking Requirements)
126
43 5.2 Density and Intensity
1. Density and Intensity. Residential
densities (dwelling units per acre
[du/ac]) and Floor Area Ratio (FAR) are
defined for the PUD area by The Ontario
Plan and designated as follows by
zoning district, and shown in Map 7
(Allowed Density and FAR):
a. Within the MU-RC, MU-T and DR
Zones, the residential density range
shall be 25–75 du/ac and maximum
FAR shall be 2.0 for commercial
uses; residential uses are only
permitted on Block H and I.
Map 7: Allowed Density and FAR
127
44 5.3 Building Height
1. Allowed Heights. Total building height (to flat roofline or eave of roof) shall not exceed the heights specified in Map 8 (Allowed Heights) above the highest existing sidewalk elevation.
a. Architectural Projections. Architectural projections, such as parapets, roofed towers and gable roofs, or elevator towers may extend up to 15 feet above the highest permitted height.
i. Rooftop Equipment. Any rooftop mechanical, venting or communications equipment shall be built within or otherwise screened by the roof structure, so that they do not project above parapets and are not visible from any public rights- of-way or neighboring buildings. b. Temporary Construction and/or Maintenance Machinery. Temporary construction and/or maintenance machinery shall not exceed a height of 122 feet, measured from existing grade, unless approved by the Federal Aviation Administration.
Context Sensitive Building Heights
To implement the TOP and support the established maximum densities and intensities, block-specific height districts were created, which also respond to place-based conditions and goals. They include:
Up to 65 feet (5 stories) along Holt Boulevard to create a southern gateway and enable additional height along this future multi-modal transit corridor to promote housing near transit, as well as along Laurel Avenue and west of the alley, between B Street (north of east-west running alley) and D Street, to focus height within the downtown core of the PUD area. Up to 50 feet (4 stories) along Laurel Avenue in strategic areas to focus height within the downtown core of the PUD area while responding to the existing scale and character.
Up to 45 feet (4 stories) along Euclid Avenue with required 15’ upper story stepbacks to promote additions to historic resources while maintaining existing character.
Up to 40 feet (3 stories) west of Laurel Avenue and north of D Street (Block H), as well as along Palm Avenue to support mid-rise multi-family residential projects and respect neighboring lower-scale residential. Transitional height districts are in place to reduce height of development surrounding residential neighborhood to the west of the PUD boundary for parcels fronting Palm and Fern Avenues.
128
45 Map 8: Allowed Heights
129
46 5.3.1 Upper-Level Stepbacks
1. Upper-Level Stepbacks.
a. Alley. Projects with property lines that front the alley between C Street and D Street, connecting Palm Avenue and Fern Avenue, shall not exceed the height established in Map 8 (Allowed Height) before stepping back a minimum depth of 10 feet as measured from the existing façade. b. Uses allowed within the stepback include:
i. Private Open Space (e.g., balconies, terraces);
ii. Shade structures, trellises, and similar;
iii. Green roofs and photovoltaic panels (screened by parapet roof); and iv. Other open space features per the Approving Authority.
2. Upper-level Additions to Designated Historic Buildings. Upper-level additions to buildings that have been identified as historic resources shall stepback a minimum depth of 15 feet as measured from the existing façade.
See Section 5.3.1 (1.b) for the list of uses allowed with the stepback. 130
47 5.4 Setbacks
1. Street Setbacks. Projects shall comply with the street setbacks set in Map 9 (Street Setbacks).
Street setback ranges establish a minimum and a maximum. Street setbacks are measured from the property line (back of sidewalk) to the building or structure. Property line(s) along public streets are subject to right of way dedication as required per the City Master Plan of Streets and Highways and Street Standard Drawings.
a. Minimum Setback for Ground Floor Residential Units. Where residential units on the ground floor are allowed per Table 4-1 (Permitted Land Uses by Zoning District), a minimum setback of 5 feet is required.
b. Setback Features. Features allowed within the street setback may include:
i. Landscaping and planters;
ii. Hardscape (e.g. stoops, patios);
iii. Shade structures;
iv. Arcades and galleries;
v. Walls and fences per ODC Sections 6.02.020 and 6.02.025; vi. Seating and furniture;
vii. Outdoor dining; and
viii. Other open space amenities per the Approving Authority.
2. Other Setbacks.
a. Blocks A-G. None required.
b. Blocks H and I. All other required setbacks are listed in Table 5-2 (Minimum Setbacks and Building Separation).
3. Minimum Building Separation. Discrete buildings on the same lot must have a minimum separation of 10’ clear between structures. Other requirements for clearance between buildings as regulated by the Uniform Building Code.
Street Setbacks
Street setbacks are established as ranges to support
flexibility while responding to sub-district visions and the allowed uses on each block. They include:
• 0-3 feet setback to support existing
commercial-only ground floor character and
active public realm while promoting some
variation.
• 3-10 feet min/max setbacks to support a
commercial or residential ground floor
character while promoting some variation.
• 5-10 feet min/max setbacks to support a
residential-only ground floor character.
131
48 Table 5-2: Minimum Setbacks
Location Requirement
All Blocks
Street Setbacks See Map 9 (Street Setbacks)
Blocks A-G
Other Setbacks None required
Block H and Block I
Interior Side 5’
Rear Setback 5’
Porches, Patio Covers, and Similar Architectural
Projections1
See ODC Sec. 6.01 (Exceptions to Development Standards – Encroachments into Required Setback Areas)
Private Drives/Alleyways (from edge of drive aisle)
Living Area 10’
Garages and other Nonhabitable Structures 5’
Dwellings to Parking Spaces
Living Area 10’
Garages and other Nonhabitable Structures 5’
Parking Space or Drive Aisle to Wall or Fence 5’
1 No projection may encroach into any required easements. 132
49 Map 9: Street Setbacks
133
50 5.5 Building Design
5.5.1 Entrances
1. Entrances. A minimum of one primary entrance shall be located on the primary frontage of each building and open onto a sidewalk or other public space. All primary entrances shall include a minimum of one lighting fixture designed to provide illumination of pathways for pedestrians. a. Commercial. Along Euclid Avenue, Holt Boulevard, and B Street, all primary entrances for commercial uses shall be distinguished by architectural features or overhead projections, such as an awning or canopy.
b. Residential. In locations where dwelling units are allowed on the ground floor abutting a public or private street per Table 4-1 (Permitted Land Uses by Zoning District) and Map 6 (Ground Floor Land Use), the primary entryway (front door) shall be oriented toward the street.
Where there is a physical site constraint, provide a clearly identifiable pedestrian entry to the site from the street.
i. Upper Floor Entries. Entries to upper floor residential uses shall not front Euclid Avenue. When located on other street frontages with ground floor use restrictions per Table 4-1 (Permitted Land Uses by Zoning District) and Map 6 (Ground Floor Land Use), the visible entry shall be no wider than 15 feet to avoid disturbing the rhythm of the retail spaces.
5.5.2 Modulation
1. Modulation. Projects shall provide a horizontal change in plane in the building façade of at least 1.5 feet every 50 linear feet. The Approving Authority may approve alternate exterior building designs that achieve the City’s desired variation in building massing.
5.5.3 Transparency
1. Blank Walls. Windowless expanses of walls shall not exceed 20 feet in length.
Designing Visual Interest and Complementary Building Materials Building façades that articulate a mixture of horizontal and vertical projections help to visually break up the building mass into varying modulations and identified clusters to create visual interest.
Building exterior treatments including brick and smooth stucco finishes that complement the historic character of the PUD area are encouraged.
134
51 5.5.4 Building Façades
1. Window Treatments. All windows shall have a recess minimum of 2 inches from the building wall plane. Window trim shall not be counted towards recessed minimum.
2. Façade Articulation. Façades facing a public or private street, the project perimeter, and all portions of exterior building elevations shall provide a minimum of two (2) of the following façade articulation techniques:
a. Change in exterior building materials to include at least two high quality building façade materials that accentuate or correspond to variations in building massing. Building materials may include, but are not limited to wood, glass, brick, metal spandrel, cement board siding, tile, or other material acceptable to the Approving Authority.
b. Porticos, awnings, terraces, balconies, eyebrows, or trellises of at least 12 inches in depth that provide variations in the building plane. c. A break in the façade plane of at least 8 inches in depth, which is applied to at least 10 vertical feet of the facade.
d. Other additional architectural enhancements that create a human scale to the building. Examples include handrails, fixed planters, and ornamental details such as lighting, molding, tiles, or other similar design elements acceptable to the Approving Authority.
e. Encroachment. Awnings, canopies, residential balconies, commercial signs, and decorative architectural elements may encroach into the public rights-of-way for a maximum of 4 feet.
5.5.5 Ground Floor
1. Materials. A durable base material (12- 15 inches high min./max.) such as brick, tile, exterior cement plaster, or pre-cast architectural concrete shall be used.
2. Transparency.
a. Commercial. Glazing shall be clear glass to permit clear views into the interior space for a minimum of 70% of the ground floor to create a traditional storefront. Display windows shall be kept free from all visual obstructions into the store itself, reflective tinting and mirrored glass is prohibited. Even if the business is a non-retail business, the windows shall be kept unobstructed to maintain appearance of facade and retail continuity along the sidewalk. To manage heat, glare, and Ultraviolet light (UV) energy, window tinting with 70% Visible Light Transmission (ULT) or greater may be allowed with approval from the Planning Department. Roll up window shades, or similar, may also be used during day light peak hours and for no Traditional Building Style
Traditional building styles are common in Downtown Ontario. To align with this traditional style, glass doors with a kickplate are encouraged for new development.
135
52 more than 4 hours per day. Installation of security gates over storefronts are prohibited. Installation of security gates behind storefronts located within the interior may be considered with approval from the Planning Department. b. Residential. Glazing shall be clear glass to permit clear views into the interior space for a minimum 15% for residential units on the ground floor.
3. Doors.
a. All glass doors are prohibited.
b. No part of any open doors shall extend into the public right-of-way.
5.5.6 Varied Roofline
1. Any Project with a façade exceeding two stories in height, which faces a public or private street, shall be provided with an articulated roofline incorporating at least two of the following design elements:
a. A roof with a slope equal to or greater than 3 inches of rise for every 12 inches of run, including but not limited to a sloped or curved roofline at the top of the dwelling.
b. An open deck having a minimum clear area of 6 feet in depth and 8 feet in width. c. A flat roof with a minimum of 2 feet vertical height difference for a minimum of 10 horizontal feet along the roofline of each building façade. d. A vertical break in the façade plane of at least 1.5 feet in depth, which extends up and through the roofline. e. Any form of roofline variation incorporating a change or break in roof plane, such as horizontal recesses, incorporation of dormers, or other similar design elements acceptable to the Approving Authority.
5.5.7 Roof Decks
1. Roof decks shall be stepped back a minimum depth of 5 feet from the roof edge to prevent direct views of abutting residential neighbors.
5.5.8 Open Space
1. Private and Common Open Space. Private and common open space shall be provided for passive and active recreation opportunities within each project site intended for the use of the on-site residents and their guests. a. Minimum Average Amounts. A minimum average of 200 square feet of open space per residential unit is required through a combination of either private open space or common open space. At least 90 percent of residential units shall provide private open space at a minimum of 40 square feet. 136
53 i. Off-street parking spaces, drive aisles, driveways, loading areas, service areas, or street setbacks shall not be included in minimum open space calculations.
b. Types.
i. Private open space may include balconies, screened patios, and rooftop decks or in any combination thereof, and shall have direct access from each residential unit, intended for the exclusive use by the occupant of the residential unit and their guests. i. Common open space may include passive and active, indoor, and outdoor spaces, recreational spaces, open landscaped and hardscaped areas with fountains, seating, fire pits, or play structures, pool, and indoor fitness center. Other open space provided can include roof-top decks and patios available to the building community.
c. Minimum Dimensions.
i. A minimum area of 40 square feet with a minimum dimension of 6 feet in each direction shall be required for private open space. ii. A minimum dimension of 15 feet in each direction shall be required for common open space.
2. Paseos.
a. Dimensions. Paseos shall have an average width of 22 feet, a minimum width of 15 feet, and a minimum clear pedestrian path of 5 feet. b. Access. Paseos shall be physically and visually accessible from the connecting public sidewalk.
c. Elevation. Paseos shall be at ground level and ADA accessible. d. Blank Walls. Windowless expanses of walls lining paseos shall not exceed 20 feet in length, or be mitigated using one the following techniques:
i. Green wall, vines, or other vertical landscaping element that covers a minimum of 75 percent of the non-conforming blank wall area.
ii. Public art, including but not limited to, murals.
Residential Paseos
Paseos are encouraged for townhomes in the PUD area to provide internal access for pedestrians and break up building massing. 137
54 5.5.9 Landscaping
1. Detailed Landscape and Irrigation Plan. A detailed Landscape and Irrigation Plan, fulfilling the requirements listed in the City of Ontario Landscape Development Guidelines and the Ontario Development Code, shall be submitted with each Development Plan. The plan shall specify all landscape and hardscape elements of the common open space area, as well as the perimeter yards abutting the street rights-of-way and all street trees and irrigation.
The final plan shall also show the location of all ground level utility boxes and mechanical equipment, along with methods of screening such devices from the public right-of-way and adjacent residences, where possible. A detailed Landscape and Irrigation plan shall be required prior to the issuance of building permits.
a. Water Conservation in Landscaping Act Requirement. The detailed Landscape and Irrigation Plan shall comply with the Water Conservation in Landscaping Act of 2006 (AB 1881), commencing with the California Government Code Section 65591.
5.5.10 Vehicle Access and Parking
1. Vehicular Access. A maximum of 1 vehicular access point is permitted per parcel per the City of Ontario’s Traffic and Transportation Guidelines as approved by the City Engineer unless required by the Fire Department. a. No vehicular access shall be taken from Euclid Avenue, B Street, or Holt Boulevard.
2. Off-Street Parking and Loading. Off-street parking and loading shall conform to the standards set forth in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code.
a. Exceptions:
i. Layout and Design.
1. Surface Parking.
a. Location. Off-street surface parking shall be located to the rear of the interior side of a building and away from public streets. b. Screening and Landscaping. Parking areas shall be screened from public streets and adjacent parcels, except for access and driveways, using one or any combination of the methods listed below:
i. Walls and fences. Low profile walls or fences consisting of brick, stone, or stucco for a minimum of 3 feet and a maximum of 3.5 feet in height. Plain concrete blocks, chain-link, or vinyl fencing are prohibited for screening purposes. ii. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen that achieves a minimum height of 2 feet within 18 months after initial installation.
2. Structured Parking. All off-street and above ground parking structures shall be screened from public streets and designed to be compatible with the architectural character and quality of adjacent buildings. a. Ground Floor. The ground floor level of any off-street and above ground parking structure shall use one or any combination of the methods listed below:
138
55 i. Wrap. Wrapped by habitable floor area, except for permitted entrances and exits, so that no portion of such facility is visible from adjacent public sidewalks or publicly accessible areas. Such habitable floor area shall have a minimum depth of 35 feet, as measured from the building façade.
ii. Landscaping. Landscaping for a minimum of 60 percent of the ground floor level of the structure’s street frontage, excluding areas occupied by driveways and portions occupied by habitable floor area.
iii. Screening. Screening for a total of at least 50 percent of the ground floor façade, including permitted signs, graphic or sculptural art, decorative screening or latticework.
b. Utility Transfer Boxes. Placement of utility transfer boxes within a parking structure is prohibited.
3. Residential Tandem Parking. Allow up to 50% tandem spaces for required parking for residential uses. Tandem parking shall be limited to a two (2) car maximum. Both spaces in the tandem arrangement shall be assigned to the same dwelling unit. Handicapped and guest parking spaces shall not be in tandem.
ii. Required Number of Parking Spaces. The number of off-street automobile parking spaces required are listed in Table 5-3 (Parking Requirements) based on general use classification, and subject to the following requirements:
1. All required residential parking spaces shall be provided on-site.
2. Commercial and visitor parking may be considered for off-site location within a public facilities or on-street with a parking demand and supply study approved by the Planning Director.
3. Parking for dwellings shall be provided on-site and guest parking may be provided on-street and off-site. a. Off-site parking requirements are subject to the following conditions:
Parking Structure Design
Design standards for parking structures are intended to minimize the visual impact on the public realm. Treatments such as landscaping and screening, as well as wrapping the parking structure with active uses, such as retail or
restaurants, can help to activate the ground floor of the structure adjacent to the sidewalk. Parking structures can also include decorative screening and art, such as murals, to complement the building design.
Source: Loveland Reporter-Herald
139
56 i. On-street parking shall not be used for required resident parking.
ii. On-street parking shall only be counted along the public streets that are within approximately four blocks from the project site.
iii. On-street parallel parking spaces shall be calculated by the length of unobstructed curb adjacent to the project site. iii. Parking Management Plan: A parking management plan shall be submitted to the Planning Director for approval to ensure that tandem parking spaces will be assigned to residents of the same dwelling unit.
Table 5-3: Parking Requirements
Use Number of Spaces Required
Residential 1 space per bedroom up to two bedrooms
2 spaces per unit for three bedrooms and above
0.20 spaces per unit for guest/visitor parking
Commercial 1 space per 250 square feet gross floor area for all permitted or conditionally permitted use Parking in Downtown Ontario
A park once strategy is encouraged in Downtown Ontario in which business patrons and visitors park in a single location and make multiple trips on foot, given the pedestrian-oriented nature of the area. Public transit is also available in Downtown Ontario, with an existing bus stop located in the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT).
140
57 5.6 Signs
1. Master Sign Program. A Master Sign Program shall be submitted for approval by the Planning Department, prior to issuance of a building permit, for new development or adaptive reuse projects. The sign program should be consistent with the Downtown Ontario Design Guidelines and the Development Code, and shall include tenant signs, pedestrian signs, directional signs, historical markers, etc. as needed.
Signs for Downtown Ontario
Sign programs that utilize complementary materials, colors, and themes that draw from existing buildings and Downtown Ontario, and consistent with the Downtown Ontario Design Guidelines, are encouraged. Specifically, themes for sign programs should be aligned with the Downtown Ontario Design Guideline’s Historic Preservation Retail Subdistrict for the PUD area. Signage should be designed to effectively communicate and direct users to various aspects of the development, including amenities, such as publicly accessible open space or paseo connections, and complement the overall character of the buildings. Examples of existing buildings and signs that represent the existing character of Downtown are shown below for reference.
141
58 5.7 Service Facilities
1. Electrical Equipment. Electrical equipment shall be mounted on the interior of a building or mitigated through being enclosed and screened from public streets with walls, fencing, and/or landscaping that allows for sufficient ventilation or buried in vaults.
2. Antenna Pole or Dish. No antenna pole or dish shall be placed on any structure so that it is visible from ground level.
3. Service and Storage Areas.
a. Locations, sizes and design of service and storage areas shall be readily accessible by trash disposal company equipment and work crews, as reviewed and approved through the Development Plan Approving Authority. i. Commercial. Trash receptables/recyclable container storage areas shall be provided for all commercial uses. When located within the ground floor parking structure area, storage areas may be partially enclosed. ii. Residential. Trash receptacles/recyclable container storage areas shall be provided for all residential uses, within the ground floor parking area or within an enclosed room inside the buildings. When located within the ground floor parking structure area, storage areas shall be full enclosed.
5.8 Infrastructure
It is important that projects maintain and enhance the quality of life for residents and consumer alike, and that new projects enhance the community within which it is built. To that end, all projects constructed within the City shall be properly served by a full array of utilities – water, sanitary sewer, storm drain, electrical, gas, telecoms, data, etc. The properties within the boundary of this PUD shall be served by existing water lines and wastewater flows and/or upgraded to satisfy the required capacities as determined by the City and its service purveyors/agencies, including the Fire Department. If existing utilities do not exist to service the project, the project may be required to install new utilities and/or extend existing utilities as needed to provide service. Existing utilities are also subject to improvement, such as removal and replacement or upsizing, to meet demand. On-site stormwater drainage facilities shall be provided consistent with the San Bernardino County Stormwater Program’s Water Quality Management Plan (WQMP) requirements for new development projects. Stormwater capture and infiltration facilities may include the utilization of vegetated swales, depressed landscaped basins, pervious concrete pavement, and/or underground stormwater retention/infiltration vaults.
The properties within the boundary of this PUD are considered a Priority Land Use (PLU). A PLU shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area-Wide MS4 Permit. Drainage from the PLU shall be designed with conveyance tributary to a Full Trash Capture System which has been approved by the SWRCB. 142
59 5.9 Historic Preservation
5.9.1 Brief Development History of Ontario and the PUD Area The City of Ontario was established in 1881 when George and William Chaffey purchased 6,218 acres of land to develop a community called the Ontario Colony.
Initially the colony was surrounded by undeveloped land, Southern Pacific Railroad tracks to the south, and the Kincaid Ranch and San Antonio Canyon to the north. The two-hundred-foot-wide Euclid Avenue and landscaped parkway were developed along eight miles through the community from San Antonio Heights at the base of the San Gabriel Mountains south to the Southern Pacific Railroad Tracks. The median was landscaped Pepper trees and Palm trees and the street and curb were made of granite cobble stones. Likewise, miles of cement pipes were laid to provide water to the town.
Land in the community became available for purchase by November 1882. Settlers were given a provision of water that is proportional to their land acreage, an innovation in city planning that alleviated problems settlers faced elsewhere. By 1886, the Chaffey brothers sold their interest in Ontario to Charles Frankish and moved to Australia to develop similar planned community. Frankish expanded the town and formed the Ontario Land and Improvement Company. The Downtown Area of Ontario encompassing the PUD area developed as an extension of the original irrigation system and subdivision grid established by the Chaffey Brothers in 1881 (City of Ontario 2023a; City of Ontario 2013: 1; Arroyo Group 1998: 4).
In 1891, Ontario was incorporated as a city and adopted a City Council. The City’s industry was primarily focused on agriculture and much of the area contained citrus groves. In addition to citrus, the harvest of peaches, walnuts, and grapes were prominent in Ontario (City of Ontario 2023a). The City’s location included a gradual incline that provided the ideal landscape for gravity irrigation that supported the areas agricultural. As an Act of Congress of the Unites States, Ontario was declared the “Model Colony” in 1903 because of its high standard of urban development and innovative planning (City of Ontario 2023b).
5.9.1.1 Commercial Development
The majority of Ontario was agricultural during the late 1880s into the 1930s, when much of the city was undergoing large-scale residential, commercial, manufacturing and civic development. Commercial buildings from this period, such as the Old City Hall (built in 1937), Citizens Bank Block (built in 1895) and the Frankish Building (built in 1916), display the Period Revival styles such as the Italianate and Mediterranean style as well as brick commercial buildings (City of Ontario Planning Department 2012). The major commercial throughfares running east to west or north to south through the community were established to accommodate the infrastructure needs of a growing population and the inhabitants of the new single-family residential tracts, to the north, east and west of the downtown, constructed during the 1920s, to the 1940s.
Development of the city’s downtown and the PUD area during the 1950s saw the construction of single-story Modern style commercial buildings or facade rehabilitation of existing storefronts to “modernize” the aesthetics in downtown in an attempt to compete with new low-rise strip commercial style centers Downtown Ontario and Euclid Avenue - 1885
143
60 located outside of the downtown. Some of the former residential buildings constructed in the Victorian style were converted to commercial use. It was common that styles typical for residential buildings were used for the new construction of commercial buildings. Commercial buildings located near residential neighborhoods often exhibit a small scale, one-story height, a front yard setback, low-pitched roof, and large windows (City of Ontario 2013: 2).
5.9.1.2 Residential Development
Early residential development in Ontario began with the establishment of the Ontario Colony in 1881. After land became available for purchase in 1882, a purchaser would buy a lot within the tract and construct residences in whatever architectural style and size of their choosing. Often these rural residences were associated with agricultural property as well, and an electric railway along Euclid Avenue provided efficient travel between the scattered properties (City of Ontario 2023a; City of Ontario 2013: 1; City of Ontario 2005: 1).
After the Ontario Land and Improvement Company in 1886, the development of Victorian style large single-family residences occurred along Euclid Avenue, Holt Boulevard (A Street), and on Emporia Avenue (known as Developer’s Row). During the early 1900s, small and large sized Victorian style homes were constructed in the neighborhoods located north and west of the project area. Soon the Craftsman style homes became the predominant style until 1920. The boom of the 1920s saw an increase in residential development further away from the downtown core as the oil, citrus, and tourism industries increased. During the Great Depression, homes were generally constructed with less decoration in a more modest style. Although jobs associated with construction funded by the WPA spurred population growth during the late 1930s, the 1940s saw a decline in construction until 1944 when the city’s industry shifted to post-war production.
Nearly 743 new residences were constructed by 1946 often in the Early Post War Tract, Minimal Traditional, and Ranch styles (City of Ontario 2013: 2).
By the 1950s, development of the city’s downtown saw the demolition and replacement of many of the Victorian style residences along Euclid Avenue, the retail corridor. Some homes were converted to commercial uses while other were replaced with mid-century modern commercial buildings or relocated elsewhere in the city (City of Ontario 2013: 2). However, many of the historic Victorian and Craftsman homes located in the Downtown West neighborhood have been preserved and are present today.
5.9.2 Relevant Regulatory and Guidance Document References The following section provides an overview of the relevant documents that are utilized by the City to determine findings related to the suitability of construction activities in the plan area. To ensure that any proposed project within the plan area involving new construction (infill), addition, alteration or demolition (full or partial), a Certificate of Appropriateness is required to ensure the preservation of the historic resource and any surrounding resources including their character defining features and integrity (see section 6.9.3.3 below). Additional reference documents and resources for historic preservation guidance are provide in Section
8.1. 5.9.2.1 Local Historic Preservation Ordinance
Ontario’s Historic Preservation Program seeks to preserve and protect the significant architectural, historical, and cultural resources, which reflect Ontario’s unique character and heritage. Planning staff along with the Historic Preservation (HP) Commission and the Historic Preservation Sub-Committee, who are appointed from the HP Commission, review all historic preservation applications, including proposed alterations to the exterior of historic buildings and alterations to public improvements, such as street trees that are located within Ontario’s historic neighborhoods. The Historic Preservation Program implements the Historic Preservation Ordinance by processing Certificates of Appropriateness or Waivers for minor alterations, restoration, and rehabilitation, Landmark Designations for 144
61 local, state, and national registers, historic property evaluations, historic property surveys, and ensuring environmental compliance. The Program offers incentives for historic preservation such as the Mills Act Contract (Preservation Agreements), bronze plaques, the use of the California Historic Building Code, and the City Council hosted Model Colony Awards for historic resources within the City. Staff is currently preparing an Adaptive Reuse Ordinance (ARO) to further incentive preservation of historic buildings. Additionally, the City coordinates and collaborates with the local non-profit Ontario Heritage and other organizations to promote, inform, educate, and celebrate historic preservation and the program.
In 1983, a group of volunteer citizens, under the leadership of a qualified historic resource consultant, and funded by the State of California Office of Historic Preservation, surveyed nearly three thousand properties within the City that were at least fifty years of age at the time. Intensive level surveys and nominations were completed and submitted to the Office of Historic Preservation and the National Register of Historic Places for hundreds of properties thought to be historically eligible for designation. In 1991, the City Council had adopted the City’s first Ordinance intended to preserve historic resources through identifying processes for nomination, designation and appropriate treatment for alterations and additions of historic resources. Through the mid-1990s, a few amendments to the Ordinance were approved which further developed the program. During the late 1990s, the Planning Commission was assigned the duties of the Historic Preservation Commission and the Planning Department allocated staff to the historic preservation program. During this period, the program grew at a rapid rate designating nearly 60 landmarks and 5 historic districts. Additional updates were made in 2001, 2003 and in 2015, with a comprehensive Development Code update dividing the Ordinance into 2 sections. The Ontario Development Code Chapters 4 and 7 establish the City’s scope of historic preservation activities and is the primary body of local law relating to historic preservation. Division 7.01 includes the purpose and authority for historic preservation, and Division 4.02 includes criteria for local historic designation and procedures for the alteration or demolition of historic properties.
On August 7, 2001, the City became a Certified Local Government (No. 46) by the State of California. To date, there are approximately 69 local governments within the State of California that participate in the CLG program. Pursuant to the National Preservation Act of 1966 and as amended in 1980, the Certified Local Government (CLG) program encourages the preservation of cultural resources by promoting a partnership among local governments, the State of California Office of Historic Preservation (OHP), and the National Park Service. Becoming a CLG, through the development and implementation of the local historic preservation program which is based on federal (The Secretary of Interior Standards) and state standards, provides the local jurisdiction the tools, technical training, and more meaningful leadership roles in the preservation of the community's cultural heritage. The six (6) basic requirements to maintain certification are listed below:
1. Maintain a comprehensive local historic preservation plan that identifies the preservation mission, goals, and priorities of the local government.
2. Enforce appropriate local legislation for designation and protection of historic properties.
3. Establish and maintain an adequate and qualified historic preservation review commission and non-commissioned staff.
4. Maintain a system for the survey and inventory of historic properties.
5. Provide for adequate public participation in the local historic preservation program.
6. Review and recommendation of historic properties within the local jurisdiction to the National Register of Historic Places.
The State of California conducts the annual review from each period beginning October 1st and ending September 30th to ensure that each CLG continues to meet the minimal requirements for participation and is satisfactorily performing its responsibilities. Pursuant to the CLG requirements, the HP Program oversees reconnaissance and intensive level surveys and is responsible for maintaining a Historic Resource Inventory (HRI) which includes surveyed properties, potential, proposed, designated and eligible properties. Staff works directly with the Historic Preservation Subcommittee, who are the keepers of the Ontario Register of Historic Properties, to review surveys and determine levels of historic significance and eligibility to the Ontario Register. 145
62 5.9.2.2 Downtown Design Guidelines
The Downtown Design Guidelines (adopted in 1998) feature a set of architectural, graphic, and lighting design principles that provide guidance on rehabilitation of historic resources and makes recommendations on new infill construction that is located within the City’s historic original downtown area. The Guidelines were prepared to recognize and enhance the character of downtown. The recommendations are grounded in best practices and are consistent with the Secretary of the Interior Standards for the Treatment of Historic Properties. Section 1. Concept Plan identifies seven element districts, including the Euclid Avenue median, Historic Retail District, Civic Center, Museum/Transit Center, Education center, Residential neighborhoods, and Neighborhood commercial, within the downtown area. The PUD area straddles the Historic Retail District and the Residential Neighborhoods areas defined in the guidelines, each of which are summarized below, and shown in Figure 5-1. The Guidelines should be referred to throughout project development.
5.9.2.2.1 Historic Retail District
Section 2A. Architectural Design Guidelines: Retail Districts, establishes three subdistricts within the Historic Retail District based on the ages of buildings in the subdistrict as they relate to major architectural development periods within the overall area:
1 Historic Turn-of-the-Century Subdistrict (1880s to 1910s), 2 Historic 1920s -1940s Subdistrict, and the
3 Historic 1950s Subdistrict
The section also establishes three categories of buildings that appear throughout the each of the subdistricts within the Historic Retail District, and specific guidelines that should be followed for the preservation, rehabilitation, and restoration of the buildings within each category:
Designated Buildings: Presently Listed on the Ontario Historic Building List and maintain a high degree of historic integrity, Significant Buildings: Buildings constructed before 1950 for which historical development information is available. The original architectural features and elements of the building are intact but may be obscured by new additions, and Context Buildings: Buildings constructed before 1950 for which no historical development information is available and/or no original architectural features and elements remain.
For Designated and Significant Buildings within the Historic Retail District, the guidelines provide architectural design guidelines in the areas of design, materials, color, signage, and lighting.
For Context Buildings and new infill construction within the Historic Retail District, the architectural design guidelines are discussed in terms of their associated subdistrict in the areas of building usage, massing, setbacks, storefront modulation, entrances, roof design, mechanical equipment, building elements, awnings, materials, and colors.
Additional guidelines are provided for projects related to alley walkways, mid-block pass-throughs in private structures, outdoor dining areas, adding leasable area to existing buildings in the historic retail area, and landscape design. 146
63 PUD Area
Figure 5-1: Downtown Ontario Design Guidelines
Boundary
147
64 5.9.2.2.2 Residential Neighborhoods
Section 4. Residential Design Guidelines establishes the process and objectives for residential properties within the residential neighborhoods in the guideline area. The section asserts that there are roughly 17 architectural styles present within the residential neighborhoods and no dominant style overall. The section provides general guidelines that pull from the Secretary of the Interior’s Standards for Rehabilitation (see section 5.14.4.1 below) and are applicable for “additions, renovations, or restorations of all existing homes (154)” within the guideline area. The section also provides specific design guidelines for properties displaying the Craftsman Bungalow, Second Empire, Queen Anne, Colonial Revival, Tudor Revival, Wood Framed Farm or Grove House, Spanish Colonial Revival, and Mediterranean Revival architectural styles, and closes with guidance for non-historic and infill structures and landscape design guidelines.
5.9.2.3 Secretary of the Interior’s Standards for the Treatment of Historic Properties The Secretary of the Interior’s Standards for the Treatment of Historic Properties (the Standards) are historic preservation principles which promote best practices for the treatment of historic properties. The Standards include four approaches for the treatment of historic properties – Preservation, Rehabilitation, Restoration, and Reconstruction – and the choice of which approach best suits a project is dependent on the historical significance, physical condition, proposed use, and the intended interpretation of the historic property. Each approach includes guidelines that assist with the application of the approach to a wide range of property types. The following section provides a brief description of each of the four approaches and their application as quoted from the Standards (NPS 2017:2-3):
Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
However, new exterior additions are not within the scope of this treatment. The Standards for Preservation require retention of the greatest amount of historic fabric along with the building’s historic form.
Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Rehabilitation Standards acknowledge the need to alter or add to a historic building to meet continuing or new uses while retaining the building’s historic character.
Restoration is defined as the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. The Restoration Standards allow for the depiction of a building at a particular time in its history by preserving materials, features, finishes, and spaces from its period of significance and removing those from other periods.
Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. 148
65 The Reconstruction Standards establish a limited framework for recreating a vanished or non-surviving building with new materials, primarily for interpretive purposes.
The selection of an appropriate treatment is dependent on the building’s individual historic significance, character-defining features, and the proposed new use.
The Standards encourage consideration of the building’s level of significance (National, State, and/or Local level), existing physical condition, proposed new use, and code compliance needs when selecting an appropriate treatment approach (NPS 2017: 3).
5.9.3 Review of Resources in the PUD Area
5.9.3.1 Summary of Survey Activities and the Ontario Register of Historic Resources The State of California awarded a grant to fund a citywide survey between 1983 and 1984 to identify potentially historic resources located within the City. Between 1986 and 1987, the City of Ontario continued the survey efforts which resulted in documentation and evaluation of historic significance of nearly 3,000 properties, and the creation of Ontario’s Historic Resource Inventory (HRI) in which 835 properties were formally listed. In 1991, the City retained Architectural Resources Group (ARG) to further analyze historic properties located within the downtown, a former Redevelopment Area, and recommend an improvement strategy to revitalize the area. Shortly thereafter, 65 local landmarks were designated. An additional survey was conducted in 2003 that updated information on buildings within the downtown. The City currently has 100 designated local landmarks, 14 of which are located within the downtown, 8 designated historic districts, 2 potential historic districts located in the downtown, 5 historic properties listed on the National Register of Historic Places and contains nearly 1,500 historic resources on the Ontario Register (HRI). See Figure 5-2 and the City of Ontario Historic Preservation Program for more details.
Figure 5-2: Historic Landmarks Map - South Section
149
66 The 2003 survey identified a potential district, District 3, that is associated with the core commercial development in the City. District 3 was divided into geographic regions, or subdistricts, that were identified as they were related to observed patterns of historic urban development, as shown in Figure 5-3. Two of these subdistricts overlap the plan area, District 3-A and 3-D. The overall district record describes the primary architectural character of District 3 as a commercial area where the predominant styles are, “Twentieth Century Vernacular Commercial. These buildings tend to be modest and pragmatic in style. They rarely exceed two-stories and primarily possess one-part commercial block façade compositions. Wood frames, brick, and masonry are the main materials used to construct the buildings. Some notable architectural styles include commercial buildings in an Art Moderne, International Style, Contemporary, and Googie Style.”
Figure 5-3: District 3
150
67 5.9.3.2 List of Designated/Nominated/Eligible Historic Resources in the PUD Area as of 2023 As of November 2023, the PUD area contains the following designated, nominated, and eligible historic resources. In addition to the high concentration of historic and potentially historic resources within the PUD area, there are a number of properties that have reached 45 years of age since the last survey effort in 2003.
The following map and table provides a list of the Designated (Purple), Nominated (Magenta), and Eligible (Pink) historic resources within the plan area, as well as the properties over 45 years of age that have not been previously surveyed (Green).
Figure 5-4: Historic Resources
151
68 Table 5-4: Historic Resources
Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
1 437 N. Euclid
Ave.
104835403 Unicare
Community
Health Center
1967 - Not Surveyed
2 429 N. Euclid
Ave.
104835404 Immigration
Attorney
c.1948
(NETR)
- Not Surveyed
3 427 N. Euclid
Ave.
104835405 Aktiva Nutrition 1946 Commercial Eligible
4 425 N. Euclid
Ave.
104835406 Downtown
Ontario
Improvement
Association
1948 Commercial Eligible
5 421 N. Euclid
Ave.
104835407 Work Boot
Warehouse
c. 1930 Commercial Eligible
6 417 and 419
N. Euclid Ave.
104835408, -09 Optometrist c. 1950 Commercial Eligible
7 413 and 415
N. Euclid Ave.
104835410 Rogers Flower
Shop and
Barber Shop
c. 1930 - Not Surveyed
8 401 N. Euclid
Ave.
104835411 Gloria's Cocina
Mexicana
1937 Moderne Designated
Landmark
Ontario Laundry Co.
10 123 W. E St.
and 420 N.
Laurel Ave.
104835401,-02,
104835413
Unicare
Community
Health Center,
Parking
c. 1960 Not Surveyed
14 210-220 W. D
St.
104835309 Multiple-family
residential
1946 Minimal
Traditional
Eligible
16 331 and 333
N. Euclid Ave.
104856604 U.S. Bank
Branch
1965 - Eligible
17 317 N. Euclid 104856605 Treasure
Banquet Hall
1950 Eligible
152
69 Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
18 311, 313, 315
N. Euclid Ave.
104856606 Cancha
Verde/Strum
Brewing
c. 1931 Brick
Commercial
Eligible
19 108 W. C St..
301/303 N.
Euclid
104856607 Emmon's
Building/
Granada
Theater
1926 Moderne/Art
Deco
Designated
Landmark
Emmon's Building (Granada
Theater)
24 (123 W. D St)
121 W. D St.
104856602 Associated
Telephone
Company
Building
1936 Art Deco Nominated
27 211 W. D St./
207 W. D St.
104856113 Frontier
Communication
s
c.1959
(NETR)
- Not Surveyed
28 303-305 and
311-315 N.
Laurel Ave.
104856107 Multiple-family
residential
c. 1920 Craftsman
Bungalow
Eligible
30 218 W. C St. 104856109 Single Family
residence
1908 Craftsman
Bungalow
Eligible
32 312 N. Palm
Ave.
104856112 Single Family
residence and
commercial
building
1920 Minimal
Traditional
Eligible
33 228 W. C St. 104856111 Superior Justice
Law Group
1955 - Not Surveyed
34 245 N. Euclid
Ave.
104856503 Valley Dept
Store
1950 Mid-Century
Modern
Eligible
35 233 N. Euclid
Ave. 223 N.
Euclid Ave.
235 N Euclid
Ave.
104856504 The Golden
Web Boutique
store
1916 Brick
Commercial
(Mediterrane
an Revival)
Designated
Landmark
People's Mutual Building and
Loan
36 231 N. Euclid
Av.
104856505 Unique Café 1904 Brick
Commercial
Designated
Landmark
Masonic Hall
153
70 Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
37 219 N. Euclid
Ave.
104856506 Herradura De
Oro
1948 Colonial
Revival
Eligible
38 215 N. Euclid
Ave.
104856507 Newsboy books 1946 Brick
Commercial
Eligible
39 211 N. Euclid
Ave.
104856508 Euclid Family
Dentistry
c.1925 Brick
Commercial
Eligible
40 207 N. Euclid
Ave.
104856509 Vacant
Commercial
Building
1910 Brick
Commercial
Designated
Landmark
W.W. Smith Grocery
41 106 W. B St.
203 N. Euclid
Ave.
104856510 Furniture
Dreams
(Residential on
second floor)
1908 Brick
Commercial
Designated
Landmark
Ostran's Department Store
44 126 W. B St. 104856512 Beautiful Smiles
Ontario
1906 Brick
Commercial
Eligible
45 108 W. C St.
115 W St.
104856502 Vacant Bank 1936 Brick
Commercial
Eligible
46 120 W. B St.
112 W. B St.
104856511 Nightmare on B
Street/ Dance
Studio/ Odd
fellows - Eligible
(Aria Kabob,
Electric Beauty
Salon - Historic
LL)
1922 Commercial Designated
Landmark
Intl Order of Odd Felows
( I.O.O.F)
47 223, 225, 229,
235 N. Laurel
Ave.
104856202 Centro Legal De
Accidentes &
Cedar Pointe
Chiropractic
1947 Minimal
Traditional
Eligible
48 206 ,208, 210,
214, 216, 218,
220 W. B St./
205, 207, 209,
211, 213, 215
N Laurel Ave
104856203 Multiple shops
including
barber, Fitness,
beauty
1947 Commercial Eligible
154
71 Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
50 212, 214, 216,
218 N. Palm
Ave.
104856206 Small shops
(Tax services
and fitness)
1957 - Surveyed
51 215 W. C St. 104856201 Great
Commission
Church
International
(Christian
Church)
1948
(additions
1955,1959,19
66 Mid-Century
Modern
Eligible
52 137, 139, 143,
141 N. Euclid
Ave. and 105
W. B St.
104856403 Old Gemmel's
Pharmacy
1889 Brick
Commercial
Nominated
53 129 and133 N.
Euclid Ave.
104856404 DolEx Financial
Services
c. 1907 Brick
Commercial
Eligible
54 125 N. Euclid
Ave.
104856405 Bravo's Store 1910 Brick
Commercial
Eligible Friend Block / O.O.F. Sommerest
Hall/ People's Store
55 121 and 123
N. Euclid Ave.
104856406 Demolished -
Vacant
1894 Commercial Designated
Landmark
Friend Block / O.O.F. Sommerest
Hall/ People's Store
56 105, 109, 111,
115, 117 N.
Euclid Av.
104856407 Verizon, Bally
Spa, Night club,
Motorcycle run
1889 Commercial Designated
Landmark
Rose Block
57 104,108, 110
& 112 W.
Holt Blvd.
104856410 Botanica, Sabor
Honduren,
Beauty and
Barber
1895 Commercial Designated
Landmark
Citizens Bank Block
58 105 N. Euclid
Av.
104856408 Xolos Birria 1888 Brick
Commercial
Designated
Landmark
Holbrook Block
155
72 Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
59 101 N. Euclid
Av.
104856409 T Mobile 1895 Commercial Designated
Landmark
Citizens Bank Block
60 121, 123,
125,127 W. B
St
104856401 B St.
Professional
Bldg.;
Document
Preparation
Services Inc.,
Logan’s
Candies,
Isaprint,
c. 1930 Eligible
62 115 W. B St..
117 & 119 W.
B St..
104856402 Income Tax
office and
residential
upper floor
1922 Brick
Commercial
Designated
Landmark
Ontario Herald Building
63 114, 116, 118
W. Holt Blvd
104856411 Pirate staffing,
Ontario Boxing
Club
c. 1915 Brick
Commercial
Eligible
64 108 N. Laurel
Ave./ 120,
122, 124, 126
W. Holt Blvd.
104856412 Jobs, Insurance,
Pawnshop,
paved parking
C
1910 (additio
n c. 1950)
Brick
Commercial
Eligible
65 203 W. B St./
123, 127, 129
N. Laurel Ave
104856313 Body X Beauty,
Pet grooming,
Spa, Karate
1922 (retail
commercial
addition c.
1940)
Brick
Commercial
Eligible
66 207 W. B St. 104856312 Iglesia Fuente
and paved
parking
1949 Commercial Eligible
67 211, 213, 215,
217 W. B St.
104856303 Majestic
Trophy, Boxing
Club, Mary Kay,
office
1953 Commercial Eligible
156
73 Address
Parcel Number
Current Use/
Description
Year Built Architectura
l Style
Current
Historic Status
Local Landmark Name
69 225-227-229
W. B St.
and 128-130 N
Palm Ave
104856301 Evc Insurance &
Services and
the Vault
Barbershop and
Home
c. 1915
(commercial
additions c.
1950)
Vernacular
wood frame
Eligible
70 120 N. Palm
Ave.
104856311 House c. 1915 Craftsman
Bungalow
Eligible
72 210, 212, 214,
216, 218 W.
Holt Blvd.
104856308 Eagles Aere and
Sams Liquor
1920 Brick
Commercial
Eligible
5.9.4 Historic Preservation - Certificates of Appropriateness and Demolition To ensure that a proposed project involving new construction (infill), addition, alteration or demolition (full or partial) of a historic resource protects the historic character and integrity of the resource and any surrounding resources, an application for a Historic Preservation - Certificate of Appropriateness must be filed pursuant to section 4.02.050: Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources of the Development Code. Issuance of a Waiver by the Planning Director or a Certificate of Appropriateness approved by the Historic Preservation Subcommittee or the Historic Preservation Commission shall be required for projects involving any of the following (4.02.050:B.2):
Alteration, addition, restoration, rehabilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. For any work to the exterior of any noncontributing historic resource located within the PUD area. Infill development within the PUD area; and
Any demolition, whether in whole or in part, of a historic resource or a noncontributor within the PUD area.
The following findings need to be met for the Historic Preservation-Certificate of Appropriateness application to be acted upon (4.02.050:D.1):
The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource;
The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and
The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district. 157
74 The following findings need to be met for the Historic Preservation-Certificate of Appropriateness and Demolition application to be acted upon (4.02.050:D.2):
The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted; The proposed demolition is necessary because restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and The resource proposed to be demolished has been assigned a Tier III designation.
For approval of a Historic Preservation-Certificate of Appropriateness related to infill development within the PUD area, the following infill guidelines need to be incorporated into the design of all new buildings and structures (4.02.050:G.2; 4.02.050:I.1-4):
New buildings, structures, or improvements constructed shall be designed to be compatible with the architectural style, features, and historic character of the properties within the PUD plan area.
New buildings shall be compatible with the original style of the contributing buildings within the PUD plan area. The design of the new buildings shall therefore incorporate the following considerations:
o The design features and details of contributing structures; o The height, width, and length of the new construction shall be consistent with the original characteristic of the contributing structures; and o The exterior materials and treatment shall be similar to the contributing structures. New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the architectural style and features of contributing historic buildings and/or structures located on the historic property; and New buildings/structures shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new construction shall incorporate the following considerations:
o The design shall incorporate the design features and details of the historic structure; o The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and o The exterior materials and treatment shall be similar to the historic building.
158
75 5.9.5 Historic Architectural Guidelines
Section 7.01.065: Guidelines for the Treatment of Historic Properties of the Development Code, which are supported by the Secretary of the Interior Standards for the Treatment of Historic Properties (Standards), is intended to provide appropriate design solutions that avoid adverse impacts to historic resources located within the PUD area. The guidelines provided in Section 7.01.065 of the Development Code should be used for any project in the PUD area.
To recognize and protect the historic significance of an architectural resource, it is important to understand the physical characteristics that are associated with various architectural styles to ensure that appropriate treatment approaches are used during any project involving a historic building, or when developing new buildings on or adjacent to a historic property. The City maintains a list of architectural styles with corresponding descriptions of the features that define each style on the Historic Preservation Program website. See the References and Resources at the end of this section for information on accessing the architectural style list.
New development that promotes context-sensitive and complementary buildings relative to the existing range of historic architectural buildings in Downtown West can help to create a cohesive district. Representative examples of existing historic buildings and their architectural styles in Downtown West and their associated characteristics are included below and on the following pages to help guide developers and architects in understanding the architectural styles and specific features present in the PUD area. While this is not an exhaustive list of the architectural styles present within the PUD area, the architectural styles referenced in the following pages constitute the primary styles present in the PUD area. To promote a cohesive district, new infill in the PUD area should use materials that are appropriate for and found within the district, such as glass, metal, siding, and brick.
Best practices for historic preservation propose that the architecture of new buildings and additions should not exactly replicate historic architectural styles, but rather be obviously differentiated while harmonizing with the scale, rhythm, and character of historic predecessors. Adjacent new construction, if it is not related to the property, should include clear differentiation. In addition, new construction should incorporate appropriate massing, scale, and buffers when located adjacent to a historic resource. Buffers may include setbacks and upper story stepbacks, for example. If construction is physically attached or located on a historic property, it should be reviewed for conformance with the Secretary of Interior’s Standards. 159
76 Historic Architectural Styles in the PUD Area
MODERNE
160
77 ART DECO
Historic Architectural Styles in the PUD Area
161
78 CRAFTSMAN BUNGALOW
Historic Architectural Styles in the PUD Area
162
79 Historic Architectural Styles in the PUD Area
MINIMAL TRADITIONAL
163
80 Historic Architectural Styles in the PUD Area
BRICK COMMERCIAL
164
81 Historic Architectural Styles in the PUD Area
BRICK COMMERCIAL
165
82 Historic Architectural Styles in the PUD Area
BRICK COMMERCIAL
166
83 5.10 Public Art
As the City of Ontario continues to define itself as a desirable destination, the arts have taken on a greater role in enriching the lives of residents and enhancing the visitor experience. Public art may serve to delight and surprise, reflect upon the natural world, explore local history, express identity, or celebrate the contributions of important citizens. Ontario’s vision is to expand this dialogue and interaction through site-specific, distinctive landmarks designed by professional artists. With this in mind, in 2022 the City established a new Public Art Program for private and civic development under Title 5 Chapter 33 of the Ontario Municipal Code. For a public art program to be successful, careful consideration must be given to the selection of artists and artwork concepts, materials, locations, and length of display. While the following typologies and applications listed below are intended for the PUD, planning will ultimately be governed by a comprehensive citywide master planning effort which will equitably address all regions and be developed in consultation with the Department of Museum, Arts & Culture’s staff and the Public Art Advisory Commission.
5.10.1 Landmark Sculptures
Iconic and permanent large-scale outdoor works
become inextricably linked with a district or city, and, over time, serve as enduring and cherished
landmarks that are immediately recognizable.
Portals, parklets, plazas and medians warrant special
consideration as prime locations. Lighting helps
showcase the artwork, while also making the space
appear larger, safer, and more welcoming. Lighting
can also serve as an integral part of the sculpture to
captivate pedestrians in evening hours.
5.10.2 Murals
Murals add immediate vibrancy and vitality to
facades, setbacks, and blank walls. While murals may
appear relatively easy and inexpensive to
commission, careful planning needs to be in place in
property-owner agreements, site selection, surface
preparation, material quality, maintenance
responsibilities, and the level of security in
vulnerable areas such as alleys. Murals may be
painted directly on to a surface or mounted on
panels, or fabricated from tile or mosaic, depending
on anticipated length of display.
Cliff Garten. Zuckerberg Medical Center.
David Byrne. NYC.
Ralph Helmick. Pasadena.
167
84 5.10.3 Streetscape Amenities
Artists bring a unique and original perspective to design. The City can take advantage of this expertise and talent to beautify and energize the pedestrian environment through artist-designed enhancements to functional furnishings such as bike racks, bollards, benches, street poles and transit shelters.
5.10.4 Private Development
Artists bring a unique and original perspective to design. The City can take advantage of this expertise and talent to beautify and energize the pedestrian environment through artist-designed enhancements to functional furnishings such as bike racks, bollards, benches, street poles and transit shelters.
5.10.5 Temporary Programming
Artists bring a unique and original perspective to design. The City can take advantage of this expertise and talent to beautify and energize the pedestrian environment through artist-designed enhancements to functional furnishings such as bike racks, bollards, benches, street poles and transit shelters.
Chris Burden. LACMA.
Sonia Romero. MacArthur Park. Deborah Ashheim. San Francisco.
Sonia Romero. Grand Park.
168
85 6 Public Realm Standards and Guidelines
6.1 Overview
Chapter 6 provides standards and guidelines for the public realm aimed at improving the sidewalk experience for all users. The public realm is defined as any publicly owned space, including streets, sidewalks, passageways, plazas, and other spaces that are accessible by everyone. An accessible, comfortable, and well-designed public realm is a crucial component to creating a sense of place, encouraging new development, and supporting the community.
This section will cover the following:
Design standards for sidewalk clearance and outdoor dining to ensure that the sidewalk space throughout the PUD area can properly accommodate the multiple and simultaneous uses.
Design guidelines for street furniture, pedestrian connections, signage and wayfinding, street trees, and parkways.
169
86 6.2 Design Standards
6.2.1 Sidewalk Clearance
1. Minimum Sidewalk Clear Area. A minimum clear area shall be maintained for pedestrian circulation within the public sidewalk zone. This minimum clear area may be reduced to 4 feet in width adjacent to City-approved outdoor dining facilities or tree grates per review authority. Exceptions include:
a. Euclid Avenue. A minimum clear area of 6 feet shall be maintained for pedestrian movement.
b. B Street. A minimum clear area of 4 feet on the southside of B Street shall be maintained for pedestrian movement.
c. Laurel Avenue. A minimum clear area of 5 feet shall be maintained for pedestrian movement.
d. Holt Boulevard. A minimum clear area of 6 feet shall be maintained for pedestrian movement.
e. The Alley A minimum clear area of 5 feet shall be maintained for pedestrian movement.
EXISTING SECTION THROUGH
EUCLID AVENUE
170
87 EXISTING SECTION THROUGH B STREET EXISTING SECTION THROUGH LAUREL AVENUE
EXISTING SECTION THROUGH HOLT
BOULEVARD
EXISTING SECTION THROUGH THE ALLEY LOOKING NORTH
TOWARDS D STREET
171
88 6.2.2 Outdoor Dining
1. Outdoor Dining. Outdoor Dining areas adjacent to a street level eating or drinking establishment along any street frontage will require a permit to ensure sidewalk clearance and ADA
requirements. Any such areas shall be designed in accordance with the provisions set forth in Section 2A.7 of the Downtown Ontario Design Guidelines, plus any additional features that may be required as part of a Conditional Use Permit for on-sale alcoholic beverages. Typical layout of outdoor sidewalk dining space is shown in Figure 6-1 from the Downtown Ontario Design Guidelines.
Outdoor Dining to Promote a Vibrant Euclid Avenue
Outdoor dining along Euclid Avenue is encouraged to promote a vibrant street. Outdoor dining along the sidewalk contributes to an active public realm with “eyes on the street” throughout the day. Providing a clear area on any public sidewalk is critical to ensuring that pedestrian movement is maintained, while allowing sidewalk dining and other uses on the sidewalk, such as street trees, benches, and other amenities.
172
89 Figure 6-1: Typical Layout of Outdoor Sidewalk Dining Space (Downtown Design Guidelines) Source: Downtown Design Guidelines
173
90 6.3 Design Guidelines
6.3.1 Street Furniture
1. Street Furniture. Incorporate a high level of street furniture including lighting, bus shelters, benches, tree grates, bike racks, and trash receptables.
a. Location. The selection of appropriate elements
should consider those streets with the heaviest
foot traffic, such as Euclid Avenue, Holt Avenue
and B Street, as well as existing sidewalk widths,
size and spacing of trees, proximity to store
entrances, etc.
b. Identity. Street furniture should reflect the
special character and theme of downtown
Ontario to create a district identity. The use of
repetitive materials and textures will create a
rhythm and consistency that will bring continuity
to the Districts and Blocks within the PUD area.
Bus shelter furniture shall be constructed with
decorative brick,.
c. ADA. All street furniture shall comply with American with Disabilities Act of 1990. d. Lighting. Incorporate pedestrian-scaled lighting fixtures that emit a warm light along the streets and sidewalks; the sidewalks should be well-lit.
i. Euclid Avenue. A combination of standard concrete and “King” standard post-top streetlights (Standard Drawing #5103) with LED lamps should be placed within the public sidewalk zone. ii. Holt Boulevard. A “King” standard post-top streetlights with LED lamps should be placed within the public sidewalk zone.
iii. Local Streets. King standard post-top lights should be placed within the public sidewalk zone. e. Glare. Direct lighting along sidewalks and pedestrian pathways to produce a minimal glare. 174
91 i. All post-top lamps should incorporate shielding within the luminaire and/or globe to prevent glare into upper-level residential windows.
f. Overhead Lighting. Provide a minimum clearance height as required by City Services and the Fire Department for overhead lighting above local streets, such as B Street and The Alley to accommodate commercial trucks, service and maintenance vehicles, and emergency vehicles. g. Furniture Requirements.
i. Benches should have arms and backs.
ii. A powder-coated, dark finish should be applied to all fixtures and furniture. iii. Bollards may be placed at entrances to bicycle/pedestrian pathways and where controlled emergency, or maintenance access is required or desired. A bottom locking mechanism shall be provided to enable easy removal by authorized City personnel. iv. Litter receptacles should have a fixed top.
v. Design of bus stop benches and shelters should satisfy the criteria specified by the City and local transit agency (currently Omnitrans). vi. Bike racks should be located adjacent to parking areas or bicycle/pedestrian pathways.
Street furniture in the PUD area
is intended to match those
identified in the Downtown
Civic Center Planned Unit
Development, shown at left, to
create a consistent streetscape
identity along the west and east
sides of Euclid Avenue
175
92 6.3.2 Pedestrian Connections
1. Pedestrian Pathways. Regard sidewalks and paseos as unifying elements throughout the PUD area. Design and locate enhanced pathways and connections to promote walkability within Downtown.
2. Euclid Avenue Pedestrian Paseos. Provide mid-block paseos, where appropriate for clear and comfortable pedestrian circulation between Euclid Avenue and The Alley. Provide midblock paseos and connections between Euclid Avenue to public outdoor spaces and public parking garages. See Section 5.6.2 for required paseo dimensions.
3. Traffic Calming. Where applicable, implement traffic calming measures throughout the PUD area, including bulb-outs, enhanced crosswalks, and others to facilitate safe and comfortable pedestrian connections.
6.3.3 Public Realm Signage and Wayfinding
1. The Alley Gateways. Points of entry to the alley should include gateway elements or signage to create a sense of “welcoming” and wayfinding into the space.
2. Signage. Utilize signage and/or environmental graphics to aid in pedestrian orientation and wayfinding.
Signs and Wayfinding in the Public Realm to Promote Identity Signs and wayfinding within the public realm can provide many functions in a downtown area and can be oriented for pedestrians or vehicles. The types that are encouraged for the PUD area include district markers, banners, monument signage, pedestrian signage (eye level or on the ground), important places, such as historic or cultural resources, and alleys. Themes for signs and wayfinding in the public realm should be aligned with the Downtown Ontario Design Guideline’s Historic Preservation Retail Subdistrict for the PUD area.
176
93 6.3.4 Parkways and Street Trees
1. Parkways and Street Trees. Parkways and street trees in the PUD area are subject to the City of Ontario Landscape Development Guidelines, the Master Street Tree Plan, and the City of Ontario Development Code. Tree plantings and design, such as tree sizes, irrigation methods, and tree wells require flexibility in the PUD area. a. Euclid Avenue and Laurel Avenue Street Trees. Appropriate street tree species and recommended sizes for Euclid Avenue is provided in Table 6-1.
Table 6-1: Recommended Street Trees in the PUD Area
Botanical Name Common Name Recommended Size Comments
Euclid Avenue
Brachychiton Populneus Bottle Tree 24” Box Standard
Pinus Elderica Afghan Pine 24” Box Standard
Laurel Avenue
Eucalyptus Torquata Coral Gum 24” Box Standard
Importance of Street Trees and Parkways
Street trees and parkways are important components
of the public realm, and help to contribute to shade, a sense of place, and overall pedestrian comfort. The
consistent use of tree species, size, and spacing along a street can help to create a pleasant rhythm and
identify for an area. Species choices should consider
access to both shade and sun along sidewalks.
177
94 7 Administration and Implementation
7.1 Development Code
Any terms not defined herein and any issues affecting the design and development of Projects in the PUD area that not specifically addressed in this PUD shall be governed by the provisions of the Ontario Development Code and the City’s Standard Conditions of Approval Resolution No. R2017-027 for development.
7.2 Development Applications
Development Plan approval, pursuant to the requirements of Ontario Development Code Section 4.02.025 (Development Plans), shall be required for any Project that entails the physical alteration of any lot, construction of a building, or addition or significant alteration of an existing building in the PUD area as required by the Ontario Development Code. For each Project, a Development Plan application shall be submitted to the Planning Department on a City application form pursuant to the requirements of Ontario Development Code Division 2.02 (Application Filing and Processing), commencing with Subsection B (Discretionary Permits and Actions) of Section 2.02.015 (Application Processing Procedures).
7.3 Certificate of Appropriateness
To ensure proper implementation of the historic resource preservation and mitigation measures established in the Mitigated Negative Declaration for the PUD, an application for a Certificate of Appropriateness (“C of A”) shall be submitted and approved in conjunction with each private or public improvement in the PUD area. Application requirements and required findings for approval of a C of A are pursuant to Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Historic Resources) of the Ontario Development Code.
7.4 Exceptions
Deviation from the development standards set forth in this PUD document may be granted up to a maximum of 10 percent by the Zoning Administrator. Any deviation that is greater than 10 percent shall require an amendment to this PUD.
7.5 CEQA Compliance
The Downtown West PUD Mitigated Negative Declaration was prepared in coordination with the City and in compliance with the City’s Guidelines for the Implementation of the “California Environmental Quality Act (CEQA)” (See Appendix B). In 2022 The Ontario Plan or the City’s General Plan was approved and the SEIR certified which approved updated land use designations through the City. Preparation of this Planned Unit Development or PUD has demonstrated that a Mitigated Negative Declaration for the approval of the PUD should be prepared. The Ontario Plan Final SEIR serves as a guide and many of the policies from the plan have been incorporated by reference. The Mitigated Negative Declaration for this project includes programmatic and project-level analysis of future land use intensities and changes to the public realm. Issues identified included historic resources, transportation, and aesthetics. No unmitigated impacts were present. 178
95 The City will be responsible for implementation of the Mitigation Monitoring and Reporting Program approved for the Downtown West Planned Unit Development project. This may involve application of one or more mitigation measures to implement this PUD, or fair-share proportions thereof.
7.6 Implementation
Implementation of the PUD will be primarily through the adoption of the new land use and development regulations. However, implementation of the holistic vision and guiding principles for the PUD area will require coordination across City departments and regional agencies, as well as funding to plan, design, and construct supportive investments in the public realm. These next steps will be implemented over time and will complement the land use and development regulations included in this PUD.
Integrated shared infrastructure facilities,
such as parking, trash services, and open space
opportunities to support new development and
uses in the downtown area.
Downtown Wayfinding and Signage Program
can help to create a consistent image for the
city; improve navigation for all modes of travel;
guide visitors to landmarks, facilities, and
services; and promote walking, bicycling, and
mass transit.
Active transportation improvements, such as
the planned bike boulevard on Vine Avenue
and B Street that will connect Ontario’s historic
downtown with De Anza Community & Teen
Center and park, funded through the State’s
Active Transportation Program (ATP).
Additional ATP grants can be explored to fund
future active transportation improvements
that benefit the PUD area.
Public transit investments, such as the West
Valley Connector (WVC) project, which will be a
100% zero-emission Bus Rapid Transit (BRT)
system that will upgrade a portion of existing
Route 61 which runs along Holt Boulevard,
additional approximately 3.5 miles of center
running, dedicated bus-only lanes, and provide
an improved transit connection to Ontario
International Airport, two Metrolink lines, and
multiple major activity centers.
Downtown Historic Designation which will be
determined through a survey of Ontario’s
historic district using the themes of early
commerce and settlement.
Traffic calming and public realm
enhancements, such as bulb outs, crosswalk
improvements, new street trees, and others.
Traffic calming and public realm
179
96 8 Section References and Additional Resources
8.1 Historic Preservation
Arroyo Group, 1998. “Downtown Ontario Design Guidelines.” Produced By The Arroyo Group, Planners, Architects & Associated Disciplines With Patrick B.
Quigley & Associates, Lighting Consultant for the City of Ontario.
City of Ontario, 2005. “Villa Historic District.” City of Ontario (Ontario, CA). Website. https://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/Historic_Preservation/villa.pdf City of Ontario, 2013. “Euclid Avenue Historic District.” City of Ontario (Ontario, CA). Website. https://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/Historic_Preservation/euclid_avenue.pdf City of Ontario, 2023a. “History.” City of Ontario (Ontario, CA). Website. https://www.ontarioca.gov/FactsAndHistory.
City of Ontario, 2023b. “Historic Preservation.” City of Ontario (Ontario, CA). Website. https://www.ontarioca.gov/Planning/HistoricPreservation.
City of Ontario Planning Department, 2012. “City of Ontario Historic Landmarks.” City of Ontario (Ontario, CA). Website. https://www.ontarioca.gov/sites/default/files/Ontario-Files/Planning/Historic_Preservation/designated_landmarks.pdf.
Military Museum. 2023. “Ontario National Guard Station: History.” California Military Department (Rancho Cordova, CA). Website.
NETR (Nationwide Environmental Title Research LLC). 2023. Historic Aerial Photographs of the Downtown West PUD, City of Ontario, CA dating from 1938, 1946, 1948, 1959, 1964, 1966, 1980, 1985, 1992, 1994, 1995, 2002, 2005, 2009, 2010, 2012, 2014, 2016, 2018, and 2020. Accessed December 23, 2021. https://www.historicaerials.com/viewer
NPS (National Park Service). 2017. The Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings. National Park Service. Website. https://www.nps.gov/orgs/1739/upload/treatmentguidelines-2017-part1-preservation-rehabilitation.pdf NPS. 2023. “Preservation Briefs.” Preservation Briefs 1 – 50. National Park Service. Website. https://www.nps.gov/orgs/1739/preservation-briefs.htm State of California. 2022. California Historical Building Code 2022. State of California. Website. https://up.codes/viewer/california/ca-historic-building-code2022 SurveyLA. 2016. Los Angeles Citywide Historic Context Statement, Context: Commercial Development, 1850-1980, Theme: Commercial Development and the Automobile, 1910-1970. Prepared for the Los Angeles Department of City Planning. Los Angeles, California. August 2016. Accessed November 2023. https://planning.lacity.org/odocument/3007ea6e-c4dd-42ec-bede-b109293f2873/CommercialDevelopmentandtheAutomobile_1910-1970.pdf 180
97 Appendix A
Ordinance Adopting PUD
181
98 Appendix B
Mitigation Monitoring Program
182
Department: Engineering
Prepared By: Jeffrey Tang
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20683, LOCATED NEAR THE
SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET
CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving Final Parcel Map No. 20683 located near the southwest corner of Sultana Avenue and D Street.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. All public infrastructure improvements required have already been constructed.
BACKGROUND & ANALYSIS: Final Parcel Map No. 20683, consisting of four numbered lots on approximately nine acres of land, as shown on Exhibit A, has been submitted by the City of Ontario, a Municipal Corporation, and the University of La Verne, a California Nonprofit Public Benefit Corporation. Tentative Parcel Map No. 20683 was approved by the Planning Commission on March 28, 2023.
This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code. All public improvements were previously installed, and the map has been reviewed and approved by the City Engineer.
183
184
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20683, LOCATED
NEAR THE SOUTHWEST CORNER OF SULTANA AVENUE AND D
STREET.
WHEREAS, Tentative Parcel Map No. 20683 submitted for approval by the City of Ontario, a Municipal Corporation and the University of La Verne, a California Nonprofit Public Benefit Corporations, was approved by the Planning Commission of the City of Ontario on March 28, 2023; and
WHEREAS, Tentative Parcel Map No. 20683 consists of four numbered lots, being a subdivision of Parcel 1 of Parcel Map No. 15245 as per map recorded in book 188, pages 93 through 95, and all of Lots 1 through 12 of Block 33 and portions of Cherry Avenue and C Street as per map recorded in book 9, page 43, of official records in the Office of the County Recorder of the County of San Bernardino, State of California; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, that Final Parcel Map No. 20683 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
185
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held August 20, 2024 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held August 20, 2024. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
186
Department: Economic Development
Prepared By: Peter Pallesen
Department:
Prepared By: Peter Pallesen
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Reviewed By: Charity Hernandez
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE ADAPTIVE REUSE PROJECT AT 121-143 NORTH EUCLID AVENUE.
CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or his designee to execute Amendment No. 6 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California for the Adaptive Reuse Project at 121-143 North Euclid Avenue in the amount of $100,000 for a total not-to-exceed contract amount of $806,600; and to extend the contract termination date by one year to December 31, 2025.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The Fiscal Year 2024-25 Adopted Budget includes, and any subsequent Proposed Budget will include, appropriations from the General Fund for these services, as necessary. The proposed Amendment No. 6 increases the Agreement amount by $100,000 for a revised total notto-exceed amount of $806,600.
BACKGROUND & ANALYSIS: The City of Ontario is investing significant resources in revitalizing the historic downtown into a vibrant, 18-hour destination. It is doing this in several ways, including:
acquiring underutilized or dilapidated buildings, with an emphasis on historic properties; partnering with experience developers capable of infusing new housing, offices, and/or retail into Downtown, and; investing in strategic infrastructure projects, such as improving sewer drains, lighting, wayfinding, and parking.
On August 8, 2023, the City of Ontario entered into an exclusive negotiating agreement with LAB-CO LLC ("Developer") whereas the Developer is interested in acquiring certain real property currently owned by the City located at 121 North Euclid Avenue, 125-127 North Euclid Avenue, 129-133 North 187
Euclid Avenue, and 137-143 North Euclid Avenue for the purposes of an adaptive reuse project ("Project"). The Project will consist of restoring the historic properties along Euclid and creating 18 separate retail opportunities for food and beverage operators as well as outdoor garden and patio space. Throughout the City and Developer's negotiations and due diligence period, it has been mutually agreed upon that an in-depth Historic Structures Report ("HSR") shall be commissioned in order to fully understand the buildings' existing conditions, historical contexts, and what an engineer's cost estimate would be to structurally retrofit the buildings as well as any structural limitations there may be that could affect the Project's design.
As such, the City has engaged with Thirtieth Street Architects to commission the necessary HSR's. As experts in their field and with an existing knowledge of Downtown Ontario, the City's Historic Preservation codes, and previous experience working directly with the Developer on previous projects, they are the preferred consultant to perform this work.
Staff recommends authorizing Amendment No. 6 to the Design Services Agreement with Thirtieth Street Architects, Inc. in the amount of $100,000 for a new total not-to-exceed contract amount of $806,600 and to extend the term of the agreement through December 31, 2025. 188
architecture
2821 newport blvd.
phone (949) 673-2643
historical rehabilitation
newport beach
fax (949) 673-8547
planning
california 92663
email: [email protected]
founding principals
john c. loomis, architect
james c. wilson, architect
principal
elwood l. gulley, architect
AGREEMENT
Agreement made today between the City of Ontario, 303 “B” Street Ontario, CA 91764, hereinafter referred to as the Client; and Thirtieth Street Architects, Inc., 2821 Newport Blvd. Newport Beach, CA 92663, John C. Loomis and James C. Wilson, the Architects. It is the intention of the City to have the existing Historic Structures Report previously prepared by TSA for 143 N. Euclid Avenue, Street, Ontario, CA updated to include specific recommendations for the adaptive reuse project concept created by the LAB, and to have new Historic Structures Reports prepared for 129-131 N. Euclid Ave., 125 N. Euclid Ave and the vacant lot to the south. This report will evaluate the condition of the existing buildings/site and make recommendations for improvements necessary for the adaptive use project created by the LAB.
BASIC SERVICES
The Architect's Basic Services consist of the phases described below, including a Preservation Architect, Architectural Historian, Structural and MEP Engineering assessments
Project Team
Architect Thirtieth Street Architects, Inc.
2821 Newport Blvd.
Newport Beach, CA 92663
thirtieth
street
architects
inc.
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