Agenda packet — Ontario City Council, September 17, 2024 (part 1 of 6)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER 17, 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

ACCOMMODATIONS

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 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

PLEDGE OF ALLEGIANCE
Council Member Valencia

INVOCATION
Rev. Edward Gabriel, Our Lady of Guadalupe Parish
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

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20240816 Meeting Minutes (Not Official Until Approved)

ATTACHMENT:

20240820 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH EXP US SERVICES FOR THE

SAN ANTONIO STORM DRAIN PROJECT
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.

Minutes for the special study session of the City Council and Housing Authority of August 16, 2024 and, the regular meetings of the City Council and Housing Authority of August 20, 2024 and approving same as on file in the Records Management Department.

Bills August 9, 2024 through August 29, 2024, and Payroll July 28, 2024 through August 10, 2024.

That the City Council approve Amendment No. 3 to the On-call Design Services Agreement with EXP US Services, Inc. of San Bernardino, California, to provide additional engineering design services for the San Antonio Storm Drain Project in the amount of $41,291 for a revised not-to-exceed authorization amount of $1,075,343; and authorize the City Manager, or his designee, to execute said amendment 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 3

ATTACHMENT:

02-EXP_ Amendment No. 3.pdf

ATTACHMENT:

2024.07.29 - Amendment 3 Sewer Cost Letter of Acceptance.pdf

4. A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20524, LOCATED AT THE NORTHEAST CORNER OF

MILL CREEK AVENUE AND CHINO AVENUE

ATTACHMENT:

20240917_Tract Map 20524^1_Exhibit A.pdf

ATTACHMENT:

20240917 Tract Map 20524 02^RESO^RM

ATTACHMENT:

20240917_Tract Map 20524^3_Subdivision Improvement
Agreement.docx

5. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 TO 2029-30

ATTACHMENT:

Measure I Five-Year Analysis 02^RESO^RM

ATTACHMENT:

Exhibit A^02 pdf.pdf

6. ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT AND ADOPT

A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISITICS CENTER SERVICES) AND TO AUTHORIZE THE

LEVY OF SPECIAL TAXES
That the City Council adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map No. 20524, located at the northeast corner of Mill Creek Avenue and Chino Avenue, in the Edenglen Specific Plan.

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

SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20524, LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE.

That the City Council consider and adopt a Resolution approving the Fiscal Year 2025-26 through Fiscal Year 2029-30 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorize the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 TO 2029-

30. That the City Council consider and:

A
.

Accept a written petition (on ﬁle with the Records Management Department) from IV3
Loma Creek Logistics, LLC
("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

CFD No. 72 Loma Creek Logistics Center Services 01^RESO^RM

ATTACHMENT:

CFD No. 72 Loma Creek Logistics Center Services^01A EXH A Boundary Map.pdf

ATTACHMENT:

CFD No. 72 Loma Creek Logisitcs Center Services^01B EXH C, RMA.pdf

7. AUTHORIZE THE AGREEMENT FOR GROUND AMBULANCE SERVICES WITH CONSOLIDATED

FIRE AGENCIES (CONFIRE) AND CITY OF ONTARIO

ATTACHMENT:

Letter of Intent CONFIRE EMS Division City of Ontario.pdf

ATTACHMENT:

CONFIRE^Agreement with City of Ontario Ground Ambulance Services- FINAL (8-30-24)-c1.docx

8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH POPULOUS, INC. FOR

ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ONTARIO PROFESSIONAL

BASEBALL STADIUM AND PARKING STRUCTURE PROJECT

ATTACHMENT:

Populous, Inc.- Amendment 2.pdf

9. AUTHORIZE CHANGE ORDER NO. 4 TO THE CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN-BUILD CONSTRUCTION SERVICES FOR THE CITY

HALL PARKING STRUCTURE PROJECT
No. 72 (Loma Creek Logistics Center Services); authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, November 5, 2024.

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

TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.

That the City Council authorize the City Manager, or his designee, to execute all documents related to the Agreement between the Consolidated Fire Agencies (CONFIRE) and the City of Ontario for the provision of ground ambulance transport services. The Agreement will commence on the eﬀective date and continue through September 30, 2029, with the possibility of extending for an additional five years.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 2 to the Design Services Agreement with Populous, Inc., of Los Angeles, California, to provide additional planning, design, and engineering services for the Ontario Professional Baseball Stadium and Parking Structure Project in the amount of $4,039,800 for a new total not-to exceed contract amount of $13,814,810; and
B
.

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

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

ATTACHMENT:

McCarthy- Change Order No. 4.pdf

10. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE PROPERTY AT 9155/9381 E. RIVERSIDE DRIVE

ATTACHMENT:

Resource Environmental, Inc.- Construction Contract.pdf

11. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC.

FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS

COMPLEX PROJECT
That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Change Order No. 4 to the Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, for Design-Build Construction Services for the City Hall Parking Structure Project in the amount of $1,066,997 for a total not-to-exceed contract amount of $31,924,928, and
B
.

Authorize a contingency of $2,700,000 for a total not-to-exceed contract amount of $34,624,928; and
C
.

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

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No.

D&C24-005 Emergency Dairy and Residence Abatement and Demolition with Resource Environmental, Inc., of Cerritos, California, for the emergency demolition and site clearance activities on City-owned property located at 9155/9381 E. Riverside Drive for a total contract amount not-to-exceed $1,741,000; and
B
.

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

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 1 to the Design Services Agreement with RJM Design Group, Inc., of San Juan Capistrano, California, to provide on-call landscape architectural services for the Ontario Sports Complex Project in the amount of $408,865 for a total not-to-exceed contract amount of $658,865; and B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

RJM Design Group- Amendment No. 1.pdf

12. APPROVAL OF CO-OPERATIVE PURCHASES FOR FLEET EQUIPMENT AND PARTS

ATTACHMENT:

Bridgestone- NASPO Contract 24158.pdf

ATTACHMENT:

Daniels Tire- CA State Contract 1-23-26-01A.pdf

ATTACHMENT:

Geotab- CA State Contract 1-19-58-69.pdf

ATTACHMENT:

Advanced_Auto_Parts-_OMNIA_R-LD-23013-01.pdf

13. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
completion at the conclusion of all construction related activities.

That the City Council take the following actions:

A
.

Authorize the co-operative purchase and delivery of telematics, telemetry, and Global Positioning Systems (GPS) equipment in an amount not-to-exceed of $750,000 over ﬁve (5) years from Geotab USA, Inc., of Las Vegas, Nevada, consistent with the terms and conditions of the CA-State Contract DGS-1-19-58-69, and B
.

Authorize the co-operative purchase and delivery of automotive parts and materials in an amount not-to-exceed of $750,000 over ﬁve (5) years from Advanced Auto Parts, of Ontario, California, consistent with the terms and conditions of the OMNIA Contract R- LD-23013-01, and
C
.

Authorize the co-operative purchase and delivery of Bridgestone tires and supplies in an amount not-to-exceed of $500,000 over ﬁve (5) years from Southern Tire Mart of, Columbia, Mississippi, consistent with the terms and conditions of the NASPO Contract 24158;
D
.

Authorize the co-operative purchase and delivery of Goodyear tires and supplies in an amount not-to-exceed $500,000 over ﬁve (5) years from Daniel’s Tire, of Santa Fe Springs, California, consistent with the terms and conditions of the CA-State Contract DGS-1-23-26-01A.

That the City Council takes the following actions:

A
.

Award Bid No. 1773 and authorize the purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $221,421 plus a 10% contingency of $22,142 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $243,563 from Proper Performance, LLC, of New Wilmington, Pennsylvania, and
B
.

Award Bid No. 1774 and authorize the purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $164,023 plus a 10% contingency of $16,402 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $180,425 from Proper Performance, LLC, of New Wilmington, Pennsylvania, and
C
.

Authorize the cooperative purchase and delivery of sixteen (16) Dodge Durango Pursuit Vehicles in the amount of $951,240 plus a 10% contingency of $95,124 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total amount not-to-exceed of $1,046,364 from National Auto Fleet Group, of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

Petersen Ind.- Sourcewell 040621-PII.pdf

ATTACHMENT:

Battle Motors- Sourcewell 032824-CRN.pdf

ATTACHMENT:

National Auto Fleet- Sourcewell 091521-NAF.pdf

ATTACHMENT:

Vehicle Quotes.pdf

14. ACCEPTANCE OF ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM

FUNDING FROM THE UNITED STATES DEPARTMENT OF ENERGY

ATTACHMENT:

IIJA (40552) EECBG Program_Attachment 1a. _Local Govt.

Allocations_FINAL.pdf

15. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ICS SOFTWARE, LLC

FOR CONSULTING SERVICES, APPLICATION DEVELOPMENT, AND DATABASE

ADMINISTRATION

ATTACHMENT:

Amendment No.1_ICS Software LLC'.pdf

16. A CONSTRUCTION CONTRACT WITH LOENGREEN, INC. AND AN AMENDMENT TO THE

DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS FOR THE

DOWNTOWN MOBILITY HUB PROJECT
Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 091521-NAF, and
D
.

Authorize the cooperative purchase and delivery of one (1) Petersen Industries CNG Freightliner Grapple Loader Truck in the amount of $367,081 plus a 10% contingency of $36,708 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $403,789 from Municipal Maintenance Equipment, of Sacramento, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 040621-PII; and E
.

Authorize the cooperative purchase and delivery of three (3) EV Battle Motors Refuse roll-oﬀ trucks in the amount of $1,644,434 plus a 10% contingency of $164,444 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $1,808,879 from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 032824-CRN.

That the City Council authorize the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $218,330 from the U.S. Department of Energy (DOE) for the Energy Efficiency and Conservation Block Grant (EECBG) Program.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with ICS Software, LLC, of Claremont, California, for consulting services, application development, and database administration, increasing the authorized contract amount by $450,000 for a total contract amount not-to-exceed $900,000 and extending the term of the agreement by two years to July 31, 2027.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract No.

D&C23-026 with Loengreen, Inc., of Los Angeles, California, for the Downtown Mobility CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

Thirtieth Street Architects, Inc.- Amendment No. 7.pdf

ATTACHMENT:

Loengreen, Inc.- Construction Contract.pdf

ATTACHMENT:

Loengreen, Inc.- Bid Results.pdf

17. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH INTERPERSONAL FREQUENCY, LLC., FOR WEBSITE REDESIGN SERVICES

ATTACHMENT:

Amendment 1_Interpersonal Frequency LLC.pdf

18. AWARD CONSTRUCTION CONTRACTS TO ANDERSON CHARNESKY STRUCTURAL STEEL, INC. AND CREW, INC. FOR THE STRUCTURAL STEEL, GRADING AND DEMOLITION FOR THE

PROFESSIONAL BASEBALL STADIUM LOCATED AT THE ONTARIO REGIONAL SPORTS

COMPLEX
Hub Project in the amount of $4,040,000, and
B
.

Authorize a 10% contingency of $404,000 for a total not-to-exceed contract amount of $4,444,000 to address any unforeseen issues that arise during construction, and C
.

Authorize the City Manager, or his designee, to execute Amendment No. 7 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the Downtown Mobility Hub Project in the amount of $148,300 for a total not-to-exceed contract amount of $954,900; and
D
.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Interpersonal Frequency, LLC of McLean, VA, for website redesign, increasing the contract amount by $43,613 for a total contract not-to-exceed amount of
$1,045,588
.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Construction Contract with Anderson Charnesky Structural Steel, Inc., of Beaumont, California, to provide construction services for D&C23-011 Professional Baseball Stadium - Steel in the amount of $15,717,000 and authorize a contingency of $1,600,000 for a total not-to-exceed contract amount of $17,317,000, and
B
.

Authorize the City Manager, or his designee, to execute a Construction Contract with Crew, Inc., of Compton, California, to provide construction services for D&C23-011A Sports Complex Mass Grading in the amount of $41,870,320 and authorize a contingency of $4,200,000 for a total not-to-exceed contract amount of $46,070,320, and C
.

Authorize the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Professional Baseball Stadium; and
D
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

Crew, Inc.- Construction Contract.pdf

ATTACHMENT:

Anderson Charnesky Structural Steel, Inc.- Construction Contract.pdf

19. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RONALD IVIE FOR

ADDITIONAL BROADBAND STRATEGY, DEVELOPMENT, AND OPERATIONS SUPPORT

CONSULTING

ATTACHMENT:

Ron Ivie - Amendment 1 Ontario_Model Amendment (non-construction contract) 1.pdf

20. A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO CONFLICT OF

INTEREST CODE

ATTACHMENT:

Reso Amending Conflict of Interest Code 01^RESO^RM

ATTACHMENT:

2024 Conflict of Interest Code^3 Exhibit A.docx

21. APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING FOR

THE ONTARIO FIRE MANAGEMENT GROUP IN ACCORDANCE WITH MODIFICATIONS

REQUIRED BY CALPERS

ATTACHMENT:

FMG Side Letter - Holiday For Non-Shift Employees .pdf

ATTACHMENT:

Resolution Amending MOU for FMG 091724^RESO^RM
completion at the conclusion of all construction related activities.

That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Ronald Ivie, of Eagle, Idaho, for additional broadband strategy, development and operations support consulting services, in the amount of $180,000, for a revised not-to-exceed total of $1,080,000.

That the City Council adopt a Resolution amending the Appendix to the Conﬂict of Interest Code to update position classification titles and filing requirements for City employees.

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

AND ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.

That the City Council adopt a Resolution to approve a side letter amending the City of Ontario ("City") and Ontario Fire Management Group ("OFMG") Memorandum of Understanding (MOU) from July 1, 2023 to June 30, 2027, in accordance with modiﬁcations required by the California Public Employees Retirement System (CalPERS) to ensure that pension beneﬁts are properly calculated.

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

SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ONTARIO FIRE MANAGEMENT GROUP.

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

22. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2023-24 FISCAL YEAR

ATTACHMENT:

03 FY 2023-24 CAPER_Draft.2.pdf
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:

A
.

Hold a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the Fiscal Year 2023-24 (on ﬁle in the Records Management Department);
B
.

Direct staﬀ to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the ﬁnal CAPER, which will address all public comments received on the draft CAPER; and
C
.

Authorize the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

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 11

ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

STUDY SESSION MINUTES
AUGUST 16, 2024
(Not Official Until Approved)
(Not Official Until Appr

JOINT MEETINGS
The study session of the Ontario City Council and the Housing Authority were held on Friday, August 16, 2024 at the Ontario Police Department, 2500 S. Archibald, Ave., Ontario, CA.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the study session to order at 9:08 a.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 Assistant City Clerk / Assistant Secretary Claudia Y. Isbell.

PUBLIC COMMENT
There were no public comments.

STUDY SESSION

1. PUBLIC SAFETY PRESENTATIONS
The City Council received a presentation from the Ontario Fire Department regarding CONFIRE EMS transition.

Fire Chief Michael Gerken provided a presentation and answered Council questions.

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 9:56 a.m. for discussion of the following:
12 Ontario City Council/Ontario Housing Authority
Study Session Meeting Minutes – August 16, 2024

Page 2 of 2 ends

 GC 54957, THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with Ontario Police Chief Mike Lorenz

ADJOURNMENT
Mayor Leon adjourned the meetings at 9:56 a.m. and announced a report on closed session would be provided at the next regular meeting.

Respectfully submitted,
_______________________________________
CLAUDIA Y. ISBELL, ASSISTANT CITY CLERK/

ASSISTANT SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
13 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
AUGUST 20, 2024
(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, August 20, 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 6:36 p.m.

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 Bowman.

INVOCATION
The invocation was led by Assistant Pastor Daniel Ventura, Ontario United Reformed Church.

REPORT ON CLOSED SESSION
City Attorney Duran announced, the scheduled Closed Session was cancelled. He also announced that the August 16, 2024 Closed Session had no reportable action.

PUBLIC COMMENT
Assistant City Clerk Isbell announced there was two written comments:

Brad Neumann, regarding personnel matters.
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Loree Masonis, regarding Item No. 4 of the consent calendar.

Mayor Leon called upon the first speaker:

Jason Jang, spoke on commercial parking in residential areas.

Kizee, spoke regarding noise ordinance violations.

Larry Zumwalt, spoke on neighbor complaints process.

Brad Neumann, spoke regarding personnel matters.

Mario Huante, spoke on the Constitution.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.

CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar, except for Item No. 4, which was pulled for discussion.

1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of July 16, 2024, approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills July 19, 2024 through August 1, 2024, in the amount of $32,057,470.70, and Payroll June 29, 2024 through July 13, 2024 in the amount of $5,780,934.57.

3. A PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT

MANAGEMENT AND ADVISORY SERVICES
The City Council authorized 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.

5. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20683, LOCATED

NEAR THE SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET The City Council adopted a Resolution approving Final Parcel Map No. 20683 located near the southwest corner of Sultana Avenue and D Street.

RESOLUTION NO. 2024-146 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.
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6. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE ADAPTIVE REUSE PROJECT AT 121- 143 NORTH EUCLID AVENUE.

The City Council authorized 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.

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
The City Council approved and authorized 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.

8. A RESOLUTION AUTHORIZING THE SETTLEMENT AGREEMENT WITH KROGER CO.

The City Council took the following actions:

A. Adopted a Resolution authorizing the City Manager to opt into a Settlement Agreement with opioid distributor, Kroger Co.;
B. Authorized 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.

RESOLUTION NO. 2024-147 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 STATE-SUBDIVISION AGREEMENT WITH THE ATTORNEY

GENERAL, AND RATIFY PREVIOUS ACTIONS TAKEN BY THE CITY MANAGER WITH RESPECT TO THE KROGER SETTLEMENT.
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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
The City Council took the following actions:

A. Considered and Adopted 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. Authorized the City Manager, or his designee, to execute a Stadium Venue Agreement with Rancho Baseball, LLC on behalf of the City.

RESOLUTION NO. 2024-148 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.

10. ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FY24/25 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
The City Council authorized 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 Oce of Trac Safety (OTS) for participation in the FY24/25 Selective Trac Enforcement Program (STEP) Grant.

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC. FOR RECURRING SUBSCRIPTION AND LICENSE COSTS

FOR INTEGRATED WASTE COLLECTION ROUTING SOFTWARE
The City Council authorized 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. 17 Ontario City Council/Ontario Housing Authority
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12. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH GO2ZERO STRATEGIES, LLC AND GHD, INC. FOR ON-CALL SOLID WASTE

CONSULTING SERVICES
The City Council took the following actions:

A. Authorized 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-to-exceed contract amount of $500,000 over the five-year term; and
B. Authorized 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.

13. 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 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.

14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC. FOR CONSTRUCTION MANAGEMENT FOR THE VINEYARD

PARKING STRUCTURE AT THE ONTARIO SPORTS COMPLEX
The City Council authorized 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.

15. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA

CITIES ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING
The City Council designated 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.
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16. PURCHASE OF WATER METERS AND REPAIR PARTS FROM HYDROPRO

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

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
The City Council took the following actions:

A. Authorized 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. Rejected 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. Authorized 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 the amount of $3,611,000 and authorized a 10% contingency of $361,100 for a new contract value of $3,972,100 to address any unforeseen issues that arise during construction.

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
The City Council took the following actions:

A. Authorized 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. Authorized 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.
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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
The City Council authorized 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.

20. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SECC

CORPORATION FOR ON-CALL CONDUIT AND CABLE INSTALLATION
The City Council authorized 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 authorized the City Manager, or his designee, to execute said contract and future amendments within the authorization limits.

21. A FIRST AMENDMENT TO A REIMBURSEMENT AGREEMENT FOR PUBLIC

IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND TIPPING
DEVELOPMENT, INC.

The City Council approved a First Amendment to a Reimbursement Agreement ("Agreement") between the City of Ontario ("City") and Tipping Development, Inc. ("Developer"), and authorized the City Manager, or his designee, to execute the Agreement and all other documents required for implementation of the Agreement.

22. PRE-AUTHORIZE THE PURCHASE OF ANIMAL CONTROL VEHICLES The City Council pre-authorized 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.

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) 20 Ontario City Council/Ontario Housing Authority
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The City Council took the following actions:

A. Considered and Adopted 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. Authorized 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.

RESOLUTION NO. 2024-149 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).

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
The City Council took the following actions:

A. Considered and adopted 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. Authorized 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.

RESOLUTION NO. 2024-150 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.
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ITEM NO. 04 – PULLED BY MAYOR PRO TEM PORADA FOR A SEPARATE VOTE

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
The City Council considered and adopted 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. Introduction and first reading took place at a regular meeting on July 16, 2024.

ORDINANCE NO. 3282 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.

Public Comment:

Stephanie, spoke on animal cruelty.
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MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a vote 4-1, with Mayor pro Tem Porada in opposition, to adopt Ordinance No. 3282.

PUBLIC HEARINGS

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)
The City Council took the following actions:

A. Considered and adopted 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. Introduced and waived further reading of an Ordinance approving the Euclid Mixed Use Specific Plan (File No. PSP22-001).

RESOLUTION NO. 2024-151 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.

ORDINANCE NO. 3283 (FIRST READING) 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.

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 Joe Bourgeois withdrawing a previously submitted letter. 23 Ontario City Council/Ontario Housing Authority
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Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Wyatt Stiles: spoke in support.

Wanyae McDonald: spoke in support.

Josh Gastelum: spoke in support.

Zach Strasters: spoke in support.

Jorge Zavala: spoke in support.

Robert Ramos: spoke in support.

Brandon Walker: spoke in support.

Thomas Ruiz: spoke in support.

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

MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-151 and introduce Ordinance No. 3283.

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 The City Council introduced and waived 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.

ORDINANCE NO. 3284 (FIRST READING) 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 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.

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

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
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MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3284.

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
The City Council considered and waived further reading of an extension to the Urgency Ordinance amending the reference document section of the City's Development Code.

URGENCY ORDINANCE NO. 3285 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.

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

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

MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to adopt Urgency Ordinance No. 3285.

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
The City Council considered and:

A. Adopted 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. Adopted a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 52 (Sundance Park); C. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 52 (Sundance Park);
25 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 20, 2024

Page 13 of 15 ends

D. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; E. Adopted 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. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 52 (Sundance Park).

RESOLUTION NO. 2024-152 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
RESOLUTION NO. 2024-153 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.

MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-152 and 2024-153.

RESOLUTION NO. 2024-154 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).

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 5-0, to adopt 2024-154.

RESOLUTION NO. 2024-155 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.

RESOLUTION NO. 2024-156 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.

MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-155 and 2024-156.

ORDINANCE NO. 3286 (FIRST READING) 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).
26 Ontario City Council/Ontario Housing Authority
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Page 14 of 15 ends

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3286.

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
The City Council conducted a public hearing on the Appeal and, after receiving all public testimony, upheld 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.

RESOLUTION NO. 2024-157 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 DISTRICT; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA—APN: 1010-141-03.

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 Richard A. McDonald in opposition.

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

Richard McDonald: spoke in opposition.

Gordon Au: spoke in opposition.

Alex Hernandez: spoke in opposition.

Lucy Clark: spoke in opposition.

Jiamei Zhang: spoke in opposition.

Tiffany Feng: spoke in opposition.

Steven Wong: spoke in opposition.

Winston Mai: spoke in opposition.

Micheal Mai: spoke in opposition.

Karen: spoke in opposition.

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

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 4-1, with Mayor Leon in opposition, to adopt Resolution No. 2024-157.

STAFF MATTERS
City Manager Ochoa made no announcements.
27 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 20, 2024

Page 15 of 15 ends

COUNCIL MATTERS
Public Art Program Advisory Commission Appointment
Council Member Wapner noted the approval of items to build the Sports Complex for the community.

Council Member Bowman made no comments.

Council Member Valencia reminded residents of October Shake Out month.

Mayor Leon spoke on the success of the Summer Concert Series. He also moved to appoint Jonas Nakas and John Egan to the Public Art Program Advisory Commission.

Council was in consensus.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:28 p.m. and announced the next regular meeting was scheduled for September 3, 2024.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
28 Department: Engineering
Prepared By: Leonard Lui
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

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

AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH EXP US SERVICES

FOR THE SAN ANTONIO STORM DRAIN PROJECT

CITY OF ONTARIO
Agenda Report
September 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

In June 2022, the City Council approved a contract with EXP US Services in the amount of $940,047 for the design phase of the San Antonio Storm Drain project (DIF Project Nos.

SD-073 and SD-086). Amendment No.1 and Amendment No. 2 were processed for a combined increase of $69,591. The proposed Amendment No. 3 with EXP US Services, Inc. increases the amount by $41,291 with a remaining contingency of $24,414 for a revised total not-to-exceed amount of $1,075,343.

Since the additional design scope associated with Amendment No. 3 is at the request and for the beneﬁt of the City of Chino, the City of Chino will reimburse the City of Ontario for 100% of the costs, and thus, there is a net zero impact to the City of Ontario budget. The associated expenditure and revenue budget adjustments will be included in the First Quarter Budget Update.

BACKGROUND & ANALYSIS:

In June 2022, the City awarded a Design Services Agreement to EXP US Services for the design of the San Antonio Storm Drain Project after an extensive request for proposal selection process. The City entered into Amendment No. 1 and Amendment No. 2 with EXP US Services that utilized contingency funds to account for additional potholing and survey work, and additional channel design, respectively. During design, EXP US Services identiﬁed a 29 potential impact to a 10-inch sewer line in the City of Chino. Due to the age and current condition, the City of Chino has requested to relocate and upgrade the sewer line, at their sole expense.

Amendment No. 3 will revise the scope of work to include design services for the sewer improvement plans within the City of Chino for the San Antonio Storm Drain Project. The City of Chino has provided the attached letter of acceptance for additional costs associated with the sewer main relocation.
30 AMENDMENT NO. 3

TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
EXP US SERVICES, INC.

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and EXP US Services , a CORPORATION, with its principal place of business at 451 East Vanderbilt Way, Suite 375, Sa n Bernardino, County of San Bernardino, California, 92408. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled Design Services Agreement for the SAN ANTONIO STORM DRAIN PROJECT dated June 21, 2022 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to include additional design work for a sewer main relocation within the City of Chino ; and increase the not-to-exceed compensation amount to One Million Fifty Thousand Nine Hundred Twenty-Nine and 00/100 Dollars ($1,050,929.00). The Parties have heretofore entered in that Amendment No. 1, dated September 7, 2023, and Amendment No. 2, dated __________, 2024.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1, 3.2.1, and 3.2.3 of the Agreement is hereby amended in its entirety to read as follows:

PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM

ALAN D. WAPNER
JIM W. BOWMAN

RUBEN VALENCIA

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

31 2

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 engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" , “A -1”, “A -2” and “A -3” attached hereto and incorporated herein by referen ce. 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.

3.2.1 Compensation. Con sultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C", “C-1”, “C-2” and “C-3” attached hereto and incorporated herein by reference. The total compensat ion shall not exceed One Million Fifty Thousand Nine Hundred Twenty-Nine and 00/100 Dollars ($1,050,929.00) 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.

3.2.3 Reimbursement for Expenses . Consulta nt shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit “C”, “C-1”, “C-2” and “C-3” of this Agreement.

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force an d effect.

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

[SIGNATURES ON FOLLOWING PAGE]
32 3

SIGNATURE PAGE FOR AMENDMENT NO. 3

TO DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND EXP US SERVICES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 as of the day and year first above written.

CITY OF ONTARIO EXP US SERVICES, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

33 EUNICE M. ULLOA CURTIS BURTON
Mayor CHRISTOPHER FLORES

MARC LUCIO
Council Members

KAREN C. COMSTOCK DR. LINDA REICH
Mayor Pro Tem City Manager
CITY of CHINO
13220 Central Avenue, Chino, California 91710
Mailing Address: P.O. Box 667, Chino, California 91708-0667 (909) 334-3250 • (909) 334-3720 Fax
Web Site: www.cityofchino.org

Date: July 29, 2024

To: City of Ontario Engineering Department
303 East B Street
Ontario, CA 91764
Attention: Leonard Lui, PE

Subject: ACCEPTANCE OF ADDITIONAL COSTS ASSOCIATED WITH THE SEWER

MAIN RELOCATION FOR THE SAN ANTONIO STORM DRAIN PROJECT

Pursuant to Section 3.2 of the San Bernardino County Flood Control District Agreement (Contract Number 21-89) dated November 3rd, 2020, which states that “the City of Chino agrees to pay for additional work to approved plans and specifications only when such additional work is requested by Chino pursuant to Section 4.11 and Chino has received a request for payment with adequate documentation from Ontario pursuant to Section 1.16”, the City of Chino agrees to incur the design costs for Amendment 3 to EXP’s Design Services Agreement for the San Antonio Storm Drain Project in the amount of Forty-One Thousand, Two Hundred Ninety Dollars and Seventy- Two Cents ($41,290.72) and the current estimated construction cost of One Million, Four Hundred Forty-Seven Thousand, One Hundred Twenty-Seven Dollars and Eighty-Five Cents ($1,447,127.85), in its entirety.

Thank you,

Alberto Espinoza, MPA, PE, TE – Deputy Public Works Director / City Engineer

Direct Phone Number: 909-334-3428; Email: [email protected]

Cc: Hye Jin Lee, PE: Public Works Director - City of Chino Michele Hindersinn, PE: Senior Engineer - City of Chino Steven Galindo: Management Analyst - City of Chino
Tricia Maruki, PE: Assistant City Engineer - City of Ontario 34 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: 4
SUBJECT:

A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20524, LOCATED AT THE

NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE

CITY OF ONTARIO
Agenda Report
September 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map No. 20524, located at the northeast corner of Mill Creek Avenue and Chino Avenue, in the Edenglen Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

Final Tract Map No. 20524, consisting of
4 numbered lots and 2 lettered
lots on approximately 7 acres of land, as shown on Exhibit A, has been submitted by the Developer, RLS (Edenglen) Ontario LLC, a Delaware Limited Liability Company. The Tentative Tract Map was approved by the Planning Commission on August 23, 2022.

Improvements will include streets, storm drain, domestic water, recycled water, sewer, ﬁber optic conduit, street lights, neighborhood edge and parkway landscaping with irrigation. All landscape improvements will be consistent with current City approved drought measures.

The Developer has entered into a Subdivision Improvement Agreement with the City for Final Tract Map No. 20524 and has posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
35 EXHIBIT ATRACT 20524BROOKFIELD PROPERTIES
INTERSTATE15
CALIFORNIA60PROJECTSITE

VICINITY MAP

CHINO AVENUE

MILL CREEK AVENUEEDENGLEN AVENUE

EMORY LANE

KENYON PASEOOAKWOOD DRIVE

BUCKNELL PASEO

ROCKHURST PASEOLAFAYETTE PASEO

QUINCY WAY
1 2 3
4LOT B
LOT A
36 RESOLUTION NO. ______

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

CALIFORNIA, APPROVING A SUBDIVISION IMPROVEMENT

AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP
NO. 20524, LOCATED AT THE NORTHEAST CORNER OF MILL CREEK

AVENUE AND CHINO AVENUE
WHEREAS, Tentative Tract Map No. 20524 submitted for approval by Edenglen, Ontario LLC, a Delaware Limited Liability Company, was approved by the Planning Commission of the City of Ontario on August 23, 2022; and WHEREAS, Tentative Tract Map No. 20524 consists of 4 numbered lots and 2 lettered lots being a subdivision of Lot 22 and a portion of Lot 19 of Tract No. 17392, filed in Book 325, Pages 7 through 12, inclusive, and Lot L of Tract 17561, filed in Book 327, Pages 97 through 100, inclusive, and a portion of Emory Lane as described in Quitclaim Deed recorded on August 19, 2024 as Document No. 2024-0194991; official records, all in the office of the County Recorder of San Bernardino County; and WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20524, Edenglen Ontario LLC, a Delaware Limited Liability Company has offered the Subdivision Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the requirement for the preparation of Covenants, Conditions and Restrictions (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Tract Map.

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

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

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

3. That Final Tract Map No. 20524 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.
37 PASSED, APPROVED, AND ADOPTED this 17th day of September, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
38 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 September 17, 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 September 17, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
39 46700.00100\34321548.1

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: City Engineer
(Exempt from Filing Fees – Government Code § 6103)
SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 20524
between

THE CITY OF ONTARIO
a California municipal corporation
and

EDENGLEN ONTARIO, LLC
a Delaware Limited Liability Company
40 46700.00100\34321548.1 -1-

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 20524
I. PARTIES AND DATE
This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this 17th day of September, 2024, by and between the City of Ontario, a California municipal corporation (“City”) and Edenglen Ontario, LLC, a Delaware Limited Liability Company, with its principal office located at 3200 Park Center Drive, Suite 1000, Costa Mesa, CA 92626 (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.” II. RECITALS
A. Developer’s tentative tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”), was conditionally approved by the Ontario Planning Commission on August 23, 2022. The tentative tract map is identified in City records as Tentative Tract Map No. 20524 (“Map”).

B. Developer has not completed all of the work or made all of the public improvements required by the City’s Municipal Code, the Subdivision Map Act (California Government Code section 66410, et seq.) (“Map Act”), the conditions of approval for the Map, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to the City’s Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for the Map.

D. Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final Map for the Property.

III. TERMS

1.0 Effectiveness. This Agreement shall not be effective unless and until all four of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of San Bernardino; (c) the approving body per the Ontario Development Code approves the final map for the Property; and (d) Developer records the final map for the Property in the Recorder’s Office of the County of San Bernardino. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for the Property.
41 46700.00100\34321548.1
-2-

1.1 Definitions. For purposes of enforcing this Agreement, the term “City” shall include, but shall not be limited to, City Council, Public Works Director, City Engineer, Community Development Director, Building Official, or any of their authorized representatives.

City shall have the sole and absolute discretion to determine which public body, public official, or public employee may act on behalf of City for any particular purpose.

2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of the Map, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for the Map (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B,” which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to the execution of this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility that will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates, and bonds for such Public Improvement have been submitted to and approved by the City Engineer, or his/her authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all 42 46700.00100\34321548.1
-3-
applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

2.7 Superintendence by Developer. Developer shall require each contractor and subcontractor to have a competent foreperson on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Public Improvements.

Before starting work on the Public Improvements, each contractor and subcontractor shall submit in writing the name of the proposed foreperson, who shall be subject to the review and approval of City. Following approval by City, each foreperson shall be present at the work site at all times that any work is in progress and at any time that any employee of the contractor or subcontractor is present at the work site. The Developer shall employ a competent construction manager that is responsible for the entire work. Each contractor or subcontractor shall contractually report to the construction manager, either directly or through a subcontract. The construction manager shall be immediately available by phone during hours when construction is in progress and shall be available in person within two hours when requested by the City. The construction manager shall coordinate the work such that construction and the associated inspection happen in an efficient manner. Should a contractor or subcontractor desire to change its foreperson, it shall provide the information specified above and obtain City’s prior written approval. City, in its sole and absolute discretion, may require any contractor or subcontractor to replace its foreperson provided that City gives the contractor or subcontractor at least forty-eight hours written notice.

Developer shall, at all times, enforce strict discipline and good order among its employees and those of its subcontractors and shall not employ any unfit person or anyone not skilled in the 43 46700.00100\34321548.1
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assigned task. If any person employed by, the Developer, a contractor or subcontractor fails or refuses to carry out the directions of the City or appears to the City, in its sole and absolute discretion, to be incompetent or to act in a disorderly or improper manner, such person shall be removed from the project immediately upon request by the City, and such person shall not again be employed on the work. Such removal shall not be the basis for any claim of compensation or damages against the City.

In addition, Developer shall maintain an office with a telephone, and Developer or a person authorized to make decisions and to act on Developer’s behalf in Developer’s absence shall be available to be on the job within three (3) hours of being called at such office by the City, during the hours of 9:00 a.m. through 5:00 p.m., Monday through Friday, or any other day or time when work is being performed on the Public Improvements. Developer shall also provide City with a telephone number, at which Developer, or its representative, shall be available twenty-four (24) hours a day in the event of an emergency.

3.0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Public Improvements.

Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released.

Maintenance shall include, but shall not be limited to: repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum.

Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.1 Landscaping and Existing Irrigation Systems. Developer shall plant and maintain parkway trees and landscaping as provided in Section 10-2.07 of the City Municipal Code, and as directed by the Public Facilities Department. The Developer shall also be responsible for the replacement, relocation or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system.
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4.0 Construction Schedule. Unless extended pursuant to Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final Map. At least fifteen (15) days prior to the commencement of such work, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement of the work.

4.1 Extensions. Time is of the essence with regard to this Agreement. The City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. Requests for extension of time shall be in writing and shall be delivered to City in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on City.

It is understood that by providing the security required by this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer and waive any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates approved by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of the Property shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, City’s grading regulations, the National Pollutant Discharge Elimination Systems (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in this Agreement. Developer further agrees that the indemnification as set forth in this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.

6.0 Encroachment Permit. Developer shall obtain any necessary encroachment permits from the office of the City Engineer prior to start of any work within the public rights-of-way, and the Developer shall conduct such work in full compliance with the regulations and other requirements contained therein. The Developer shall be responsible for the removal of all loose rock and other debris from the public rights-of-way resulting from work done on adjacent property 45 46700.00100\34321548.1
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or within said rights-of-way. Work done within existing public rights-of-way shall be diligently pursued to completion with minimal obstruction or inconvenience to the public and pursuant to the terms of the encroachment permit and any applicable federal, state or local laws, rules or regulations. The City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all costs and expenses incurred from the Developer or its surety by any lawful means. Non-compliance with the terms of the encroachment permit or any applicable federal, state or local laws, rules or regulations may result in the City’s cessation of the work and assessment of any applicable penalties or other remedies. Prior to, and as a condition precedent to, the issuance of any required encroachment permit(s), Developer shall provide to the City evidence satisfactory to the City of: (1) the certificate(s), endorsement(s), or policy(ies) of insurance as required by this Agreement; and (2) any and all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work.

7.0 Utilities. Developer shall assume all costs for and shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within the Property in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules, and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City, or by any other state or federal laws or regulations.

8.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to fees for the checking, filing, and processing of improvement plans and specifications and for inspecting the construction of the Public Improvements. These fees must be paid in full prior to approval of the final map and improvement plans. The fees referred to above are not necessarily the only City fees, charges, or other costs that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges, and/or costs.

9.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

10.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial 46 46700.00100\34321548.1
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acceptance of the Public Improvements by City, the City Clerk shall file with the Recorder’s Office of the County of San Bernardino, a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

Title to and ownership of the Public Improvements constructed under this Agreement shall vest absolutely in City upon completion and acceptance in writing of such Public Improvements by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

11.0 Default; Notice; Remedies.

11.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs and expenses.

11.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of City’s demand for performance.

In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

11.3 Notice of Violation; Stop Work Order. If City determines that there is a violation of applicable federal, state or local laws, ordinances, regulations or other requirements, or the terms and conditions of this Agreement, the City and/or City Engineer may issue a Notice 47 46700.00100\34321548.1
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of Violation and Demand for Compliance and/or a Stop Work Order. The City may declare the Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall comply with the Notice of Violation and/or Stop Work Order and shall substantially commence the work required to remedy the default or violation with the time specified in the Notice of Violation. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City and/or City Engineer may provide the Notice of Violation verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

11.4 Other Remedies. No action by City pursuant to this Section of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

11.5 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.

13.0 Security.

13.1 Prior to execution of this Agreement, Developer shall provide City with sufficient security in the amounts and under the terms set forth below (“Security”). Nothing in this Section is intended to prevent City, in its sole discretion, from requiring Developer to submit, or prevent Developer from submitting, security in a form other than bonds that may be allowed under California Government Code Section 66499, et seq. and the City’s Municipal Code, and acceptable 48 46700.00100\34321548.1
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to City. The amount of the Security shall be based on the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all public landscaping (“Estimated Costs”). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this Section shall in no way limit or modify Developer’s indemnification obligation under this Agreement. Security shall be on forms approved by the City for the purposes and amounts as follows:

13.1.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City security in the amount of ONE MILLION,

THREE HUNDRED EIGHTY-EIGHT THOUSAND, FIVE HUNDRED EIGHTY-FIVE DOLLARS AND THIRTY-SEVEN CENTS ($1,388,585.37), which sum shall be not less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”). The City may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided herein, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period (as defined above), or any extension thereof as provided in this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for the Map.

13.1.2 Labor & Material Bond. To secure payment to the contractor and subcontractors, laborers, material men and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City security in the amount of ONE MILLION, THREE HUNDRED EIGHT-EIGHT

THOUSAND, FIVE HUNDRED EIGHTY-FIVE DOLLARS AND THIRTY-SEVEN CENTS ($1,388,585.37), which sum shall not be less than one hundred percent (100%) of the Estimated Costs (Bonds attached in Exhibit “C” and Engineering Cost Estimate attached in Exhibit “B”).. The security provided under this subsection may be released by written authorization of the City Engineer after one (1) year or within the time limits established in California Government Code section 66499.7 from the date City accepts the final Public Improvements at the discretion of City. The amount of such security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

13.1.3 Monument Security. To guarantee payment by the Developer to the engineer or surveyor whose certificate appears on the final map for the setting of all subdivision boundaries, lot corners and street centerline monuments, as well as the furnishing of all centerline tie notes to the City, prior to the City’s execution of this Agreement, Developer shall deposit cash with the City in the amount of TWO THOUSAND DOLLARS ($2,000). Said cash deposit may be released after receipt by the City of the centerline tie notes and written acknowledgment of payment in full from the engineer or surveyor.
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13.1.4 Warranty Bond. To provide in the amount of ten percent (10%) of the Estimated Costs of the Work to guarantee and warrant the Work, for a period of one year following its completion and acceptance, against any defective work or labor done, or defective materials furnished, as required by California Government Code Section 66499.3(d). Any unused portion of the guarantee and warranty security shall be released one year after acceptance of the required improvements by the City Council.

13.2 Bond/Surety Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of no less than A:VIII, shall be authorized to do business in the State of California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13.3 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit “C,” unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

14.0 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this Section.

15.0 Indemnification. Developer shall defend (with counsel reasonably satisfactory to the City Attorney), indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement and shall not be restricted 50 46700.00100\34321548.1
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to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

16.0 Insurance.

16.1 Time for Compliance. Developer 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, Developer shall not allow any contractor to commence work on any contract until it has provided evidence satisfactory to the City that the contractor 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.

16.2 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 Developer, 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, Developer agrees to amend, supplement or endorse the policies to do so.

16.2.1 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.

16.2.2 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.

16.2.3 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.

16.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Developer shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

16.3.1 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 Developer; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Developer shall provide endorsements in the form of ISO CG 20 10 10 01 and 51 46700.00100\34321548.1
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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.

16.3.2 Automobile Liability: (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.

16.3.3 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.

16.4 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.

16.5 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 Developer or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Developer hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its contractors.

16.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured 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.

16.7 Evidence of Insurance. The Developer, 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, Developer shall, within ten (10) days after receipt of written notice of such cancellation or reduction of 52 46700.00100\34321548.1
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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.

16.8 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.

16.9 Enforcement of Agreement Provisions (non estoppel). Developer acknowledges and agrees that actual or alleged failure on the part of the City to inform Developer of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

16.10 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.

16.11 Additional Insurance Provisions

16.11.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Developer, 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 Developer pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

16.11.2 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 Developer.

16.11.3 The City may require the Developer to provide complete copies of all insurance policies in effect for the duration of the Project.

16.11.4 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.

16.11.5 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 Developer from liability in excess of such coverage, nor shall it limit the Developer’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.

16.11.6 Developer shall report to the City, in addition to Developer’s insurer, any and all insurance claims submitted by Developer in connection with this Agreement. 53 46700.00100\34321548.1
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17.0 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer. Developer shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

18.0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to the Property, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors, or its subcontractors an agent, contractor or subcontractor of City.

19.0 General Provisions.

19.1 Authority to Enter 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.

19.2 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.

19.3 Construction; References; Captions. It being agreed the Parties or their agents have participated 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 Developer include all personnel, employees, agents, and contractors and subcontractors of Developer, 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.

19.4 Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below, but each party may change the address by written notice in accordance with this Section. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.
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CITY: DEVELOPER:

City of Ontario
Engineering Department
303 East “B” Street
Ontario, CA 91764
Attn: City Engineer
Attn:

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

19.6 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, either written or oral, express or implied. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19.7 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties, and shall not be assigned by the Developer without the prior written consent of the City.

19.8 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution, or performance of the Public Improvements or this Agreement.

19.9 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to City.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and 55 46700.00100\34321548.1
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shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

Following any permitted assignment, hypothecation, or transfer of the Public Improvements as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned, hypothecated, or transferred.

19.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This Section shall not be construed as an authorization for any Party to assign any right or obligation.

19.11 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

19.12 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.

19.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

19.14 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys’ fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs. This Section shall survive the termination or expiration of this Agreement.

19.15 Acquisition and Dedication of Easements or Rights-of-Way. If any of the Public Improvements required by this Agreement are to be constructed on land not within the subdivision or an already-existing public right-of-way, no construction or installation shall be commenced before:
56 46700.00100\34321548.1
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19.15.1 The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements, or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Public Improvements or work; or

19.15.2 The issuance of an order of possession by a court of competent jurisdiction pursuant to California’s Eminent Domain Law. Developer shall comply in all respects with any such order of possession.

Nothing in this paragraph shall be construed as authorizing or granting an extension of time to Developer for completion of the Public Improvements.

19.16 Prevailing Wages. Developer has been alerted to the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement.

19.17 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS]
57 46700.00100\34321548.1
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CITY OF ONTARIO
a California Municipal Corporation
By:

Scott Ochoa, City Manager

EDENGLEN ONTARIO, LLC
a Delaware Limited Liability Company
By:

Signature
Print Name
Title
ATTEST:

By:

Sheila Mautz, City Clerk
By:

Signature
Print Name
Title
APPROVED AS TO FORM:

By:_________________________________
Best Best & Krieger, City Attorney
NOTE: DEVELOPER’S AND SURETY’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
58 46700.00100\34321548.1
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

COUNTY OF ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
59 46700.00100\34321548.1
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
60 46700.00100\34321548.1
A-1
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP NO. 20524

IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA
BEING A SUBDIVISION OF LOT 22 AND A PORTION OF LOT 19 OF TRACT NO. 17392, FILED IN BOO 325, PAGES 7 THROUGH 12, INCLUSIVE, AND LOT L OF TRACT 17561, FILED IN BOOK 327, PAGES 97 THROUGH 100, INCLUSIVE, AND A PORTION OF EMORY LANE AS DESCRIBED IN QUITCLAIM DEED RECORDED ON AUGUST 19, 2024 AS DOCUMENT NO. 2024-0194991; OF OFFICIAL RECORDS, ALL IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
61 46700.00100\34321548.1
B-1
EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
TRACT MAP NO. 20524
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his/her order, to complete the following Public Improvements in accordance with the plans and specifications on file with City or with any changes required or ordered by the City Engineer which, in his/her opinion, are necessary or required to complete this work.

Developer is required to perform the following Public Improvements under this Agreement:
[ENGINEERING COST ESTIMATE ATTACHED BEHIND THIS PAGE]
62 46700.00100\34321548.1 C-1
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
TRACT MAP NO. 20524
As evidence of understanding the provisions contained in this Agreement, and of Developer’s intent to comply with same, Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

FAITHFUL PERFORMANCE BOND: $ 1,388,585.37
Surety:

Attorney-in-fact:

Address:

PAYMENT BOND: $ 1,388,585.37
Surety:

Attorney-in-fact:

Address:

GUARANTEE AND WARRANTY SECURITY BOND: $ 138,858.53
To be posted upon completion of the Public Improvements by Developer and approval and acceptance by the City.

CASH MONUMENT SECURITY: $ 2,000.00
Amount deposited per Cash Receipt No. _______________
Date: _________________
[BONDS ATTACHED BEHIND THIS PAGE]
63 46700.00100\34321548.1 C-2

CITY OF ONTARIO

FAITHFUL PERFORMANCE BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: TRACT MAP NO. 20524
WHEREAS, the conditions placed on the tentative tract map for Tract Map No. 20524 require that the City of Ontario, a municipal corporation of the State of California (“CITY”), by its City Council, and Edenglen Ontario, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and WHEREAS, the PRINCIPAL is required under the terms of the Agreement to furnish a bond, in a form and from a surety acceptable to the CITY, for the faithful performance of the Agreement.

NOW, THEREFORE, PRINCIPAL and ______________________________ (“SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY in the sum of ONE MILLION, THREE HUNDRED EIGHTY-EIGHT

THOUSAND, FIVE HUNDRED AND EIGHTY-FIVE DOLLARS AND THIRTY-SEVEN CENTS ($1,388,585.37), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless CITY, its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
64 46700.00100\34321548.1 C-3
This bond is executed and filed to comply with Section 66499, et seq., of the Government Code of California and the CITY’s Municipal Code as security for performance of the Agreement and security for the one-year guarantee and warranty of the Public Improvements.

SURETY, by executing this bond, warrants and alleges that it has read the Agreement, or by signing this bond shall be deemed to have read the Agreement, and knows the contents and all provisions contained therein, and shall be bound by each and every term, condition, and provision contained therein.

IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 65 46700.00100\34321548.1 C-4
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
66 46700.00100\34321548.1 C-5
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
67 46700.00100\34321548.1

CITY OF ONTARIO

LABOR & MATERIAL BOND FOR

SUBDIVISION IMPROVEMENT AGREEMENT
PROJECT: TRACT MAP NO. 20524
WHEREAS, the conditions placed on the tentative tract map for Tract Map No. 20524 require that the City of Ontario, a municipal corporation of the State of California (“CITY”), by its City Council, and Edenglen Ontario, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement (“Agreement”) whereby the PRINCIPAL agrees to install and complete certain designated public improvements (“Public Improvements”); and WHEREAS, under the terms of the Agreement, PRINCIPAL is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California.

NOW, THEREFORE, PRINCIPAL and _________________________ (“SURETY”), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto CITY and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the PRINCIPAL, the sum of ONE MILLION, THREE HUNDRED

EIGHTY-EIGHT THOUSAND, FIVE HUNDRED AND EIGHTY-FIVE DOLLARS AND THIRTY-SEVEN CENTS ($1,388,585.37), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the PRINCIPAL, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said SURETY will pay the same in or to an amount not exceeding the sum specified herein.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s 68 46700.00100\34321548.1
C-7
fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code and the City’s Municipal Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 69 46700.00100\34321548.1
C-8
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ____________________
On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
[SEAL]
Signature______________________________________
70 46700.00100\34321548.1
C-9
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
71 46700.00100\34321548.1
C-10

CITY OF ONTARIO

SUBDIVISION MAINTENANCE BOND

GUARANTEE AND WARRANTY SECURITY
PROJECT: TRACT MAP NO. 20524
WHEREAS, the conditions placed on the tentative tract map for Tract Map No. 20524 require that the City Council of the City of Ontario, State of California, and Edenglen Ontario, LLC, a Delaware Limited Liability Company (“PRINCIPAL”) enter into an agreement by which PRINCIPAL agrees to install and complete certain designated public improvements and to guarantee and warrant the work for a period of one year following its completion and acceptance (“Agreement”); and
WHEREAS, PRINCIPAL is required under the terms of the Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Agreement.

NOW, THEREFORE, we, PRINCIPAL and __________________________________ a __________________________________, admitted and duly authorized to transact business under the laws of the State of California as surety (“SURETY”), are held and firmly bound unto the City of Ontario as obligee (“CITY”), in the penal sum of ONE HUNDRED THIRTY-EIGHT

THOUSAND, EIGHT HUNDRED FIFTY-EIGHT DOLLARS AND FIFTY-THREE CENTS ($138,858.53) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if PRINCIPAL, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The surety waives all rights of subrogation against CITY or any person employed by CITY.
72 46700.00100\34321548.1
C-11
IN WITNESS WHEREOF, this instrument has been duly executed by PRINCIPAL and SURETY above named, on __________________, 20___.
___________________________________ ____________________________________ Name of Surety Principal
By:_________________________________
Title: _______________________________
____________________________________
Mailing Address of Surety
and
____________________________________
Telephone No. of Surety
By:_________________________________
Title: _______________________________
By: _________________________________
Attorney in Fact
POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers. 73 46700.00100\34321548.1
C-12
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
74 46700.00100\34321548.1
C-13
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (seal)
75 Department: Engineering
Prepared By: Jaime Maciel-Carrera
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

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

A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 TO 2029-30

CITY OF ONTARIO
Agenda Report
September 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The CPNA is a tool to assist the SBCTA Board of Directors and Staﬀ in programming available and projected Measure I Fund revenues. The CPNA is not a budget commitment. The individual projects listed in the CPNA are either currently identiﬁed in the City of Ontario Capital Improvement Program (CIP) Budget or will be identiﬁed in the CIP at the time that the local fund share is needed and approved by the City Council.

BACKGROUND & ANALYSIS:

San Bernardino County voters approved passage of the 2010 through 2040, a thirty-year Measure I program in November 2004, authorizing San Bernardino Associated Governments, now SBCTA, to impose a one-half percent sales tax on retail transactions and use tax in the incorporated and unincorporated territories of the County of San Bernardino. Revenue from the tax can only be used for transportation improvements and traﬃc management programs authorized in the 2010-2040 Measure I Expenditure Plan set forth in Ordinance No. 04-1 of the Authority. The Expenditure Plan for the San Bernardino Valley Subarea, of which Ontario is a part, requires that Measure I revenue be applied to the following programs:

Freeways 29% Freeway Interchanges 11% Major Streets 20% 76 Local Streets (per capita pass through) 20%
Metrolink/Passenger Rail 8% Senior/Disabled Transit Service 8%
Express Bus/Bus Rapid Transit Service 2%
Traffic Management Systems 2%

The 2010-2040 Measure I Strategic Plan requires each local jurisdiction applying for revenue from the Measure I Major Street Arterial sub-program to annually adopt and update a Five-Year CPNA.

The Five-Year CPNA is not a funding commitment by either SBCTA or the City, but a tool to assist SBCTA staﬀ and their Board of Directors in programming available Measure I Fund revenues. The CPNA is not a wish list but a ﬁnancially constrained, realistic schedule of the projects for which the agency intends to use Measure I dollars. "Financially constrained" means that the required local Development Impact Fee (DIF) match contribution will be available before the project begins or the DIF match requirement has been met by an internal Measure I loan arranged with SBCTA in accordance with the Measure I Strategic Plan.

The Five-Year CPNA covers projects in the Measure I Major Street Arterial sub-program. This year's Five-Year CPNA includes the following projects: Grove Avenue/Holt Boulevard intersection widening; Mountain Avenue/Holt Boulevard intersection widening; and Etiwanda Avenue/Airport Drive intersection improvements.

The CPNA process requires that the City Council approve the CPNA by Resolution. City Staﬀ anticipates that there may need to be changes to the CPNA during the ﬁscal year. Therefore, Staﬀ is recommending that the City Manager, or his designee, be given the authority to approve changes to the CPNA as requested by SBCTA and/or City Staﬀ, provided the changes do not conﬂict with the approved budget.
77 RESOLUTION NO. _______

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

CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 TO 2029-30.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, State of California, that the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030, attached to this resolution as Exhibit A, is hereby adopted.

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

PASSED, APPROVED, AND ADOPTED this 17th day of September, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
78 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
79 CHARDONN AY CT
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PI NYON CT
C

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CT

PARK ST
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D STBR IAR PRIVADO
BO

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CALIFOR NIA PR IVADO

GRANITE PRIV
C ARLT

O N PR IVADO

MAITLAND
PR IVADOCOPPER.........PRIVADO

PINE AVE SO NOM A CT

DE AN ZA

SPRU CE
ST

SU LTANA AVE

CONTEMPO
CT

PH ILL IPS ST

GREENWOO D AVE
(pr ivat e d rain ag e r oa d)

SKYL AR K ST

OLIVE ST

PL ACER
CT

CAROLI NE

SAN DIEGO
AV

HARVARD PL
CT

DRIFTWO OD PL

NORTHSHORES PL

ROCHESTER AVE
SEAG

ULL AVE

FAIRFIELD ST

CRYSTALSPGSPL

ROCK SPGS PL
OAK

SPRINGS PL

FOX G LEN L P
ACOR
NGLENN
PL
GLENN
PLBADG
ER
FOX
GLEN
LP
LYTLE
CR
EEK
LP

BEAR CK

LYTL E CR EE KLOOP

H ONEYGL ENN WY
ALISO
CR
EEK
CREEK
MALC
OLM
ST
OAK
HILL
DR

PONY DR
PINTO
PL

CRYST ALLK CT

PA R KGLENNWY CT

COLDCKWY

OAK HIL L ST

TAM O ' SHANT ER C T

BO N VIEW AVE
G

OLDCRESTAVE

GARFIELD AVE

HOPE AVE

TAYLOR PL

CALDWELL
PL

PH OENIX
PL

BANYAN ST
CALDW
ELL
PL
GOLD

CREST PLBANYAN STGARFIELD
PL

MALC OLM
AVE
RAYM
OND PL

CHERRY HIL L ST

HAZE LTIN E
CT

HAZE LTIN E
CT
GREEN
W
OOD PL

CALAVERA
S
PL

T AM O SHANT ER

PARKSIDE DR
VIRG
INIA
W
Y
MARIGO
LD
W
AY

STANDR EWS ST

DEER FIEL D ST

VIRGINIA PL

M ERIO N S T
MARIG
OLD W
Y

DORAL CT

MERIO N CT

AM ADOR
CALDW

ELL AVE
PH

OENIX AVE

MERI ON ST

DORAL CT

MILDRED PL
PARCO
AVE

C OT TO NWOO D ST COTT ONWO O D ST

MERIO N CT

DORAL C T

SANDPIPER

AVEDEER FIEL D ST

MILDRED PL
DELNO
RTE

AVEMAIDSTONE ST

ST ANDREWS ST
IMPE
RIAL
LASSEN
AVE

BERM UDA
DUNES
ST

WALKER AVE

BERM UDA DUNES ST

HARBOUR AVE
CASTLE

MAIDSTONE
ST

COTTO NWOO D ST

CARNOUST IECT
PALM
AVE

FERN AV

MON TI-
CELLO
ST

GREVILL EA ST

BO XWOO D CT

BI RCH CT
PLUM
AVE
CONCO
RD AVE

CHERRY AVE

SPRUC E STW
IS

TERI AC T
MON

TEREY AVE

PLEASAN
T PL
MIRAM
ONTE
AV

PH OENIX PL
CALDW
ELL
PL

WI STERIA ST

TAYLOR PL

SPRU CE ST

HOPE PL

BO XWOOD CT

WISTERI A C T

SANDERLI NG ST

PLEASAN
T AVE
MON

TEREY PL
MIRAM

ONTE PL SAN DERLIN G ST

HOPE PLHOPE PL

TAYLOR PL

SANDERL ING ST

M ON T IC E LLO
ST

CEDAR ST

M ON T IC E LLO
GREEN
W
OO
D

SKYLARK STSKYL AR K ST

PH OENIX AVE

CALDWELL AVE
MALC
OLM
AVE

GOL DCREST AVE

M O NT IC ELL O STBO N VIEW

SH EA R WAT ER
ST
PH

OENIX PL

TAYLOR PL

HOPE PL

GOL DCREST PL
GREENW
OO
D PL

GARFIELD
PL
HOLM
ES PL

MARI GOLD
PL

HOLM ES PL
M
ILDRED
PL
BANYAN
D
EL
NO
RTE
AVE

OAK HI LL OAK HI LL

SAND PI PER PL
IMPE

RIAL PL

BANYA N ST
LAKE
AVE

BERM UDA DUN ES ST

TAM O SHANTER
LASSEN
AVE
SPYG
LASS
CT
DO RAL
CT
CO STA
CT
IN
V
E
R
N
E
S
S
C
T

MERIO N DR

CASTLE HARBOUR PL
M
EADOW
BRO
OK
PL

CASC AD ESCASC
AD
ES TR

PINEHURST CT
AU

GUSTA AVE

DORAL ST

MERIO N ST

RIVERSIDE DR
M

IRAM ONTE
AVE

OAKHI LL ST
BANYAN

CTPLEASAN
T AVE
MALCO
LM
AV

SU LTANA AVE

FAIRFIELD ST

TA M O ' SHA NTER ST
MIR
AM
ON
TE
PL

MO NTE REY
PL

TA M O ' SHA NTER ST

BERM U DA D UNE S ST
MO
NTE

REYCHE RRY HILL
ST

DORAL ST

DUNES CT

MERIO N ST

MA LC O LM
AVE
CONCO
RD PL

FAIRFIELD ST

OAK HIL L CT

BANYAN ST

CHERRY H ILL ST

OAK H ILL CT
PIN
EHURST
PL

BANYAN CT

TAM O SHANTER

HAZELTINE ST
AU

GUSTA AVE

BRO OKSIDE ST

ST ANDREWS PL

BANYA N
Q
UAKER
RIDGE

PLO AK HI LL CT

CHERRY HIL L ST
PR
AR

IE DU

NES PL BANYAN ST

HILL ST

BO CA RATON C T

TIARAAVE

BALBOA AVE

VALENC IA AVECHERRY
SAN
DIEG
O
PL

SACR AM ENTO
PL
PEBBLE
BEACH
CT
BALBOA

WHISPERING
LAKES

INVERNESS

BR OOKSIDE DR

ST ANDREWS DR

BAKER AVE
D
IVER
SAD
R

TAM ARASK DR
W

HISPERING LAKES
LN

SANDPIPER
AVE

HAZELTINE ST

DEL NOR TE PL

STANDR EWS CT
MILD
RED
PL

AM ADOR PL

O AKH I LL
DR
CALAV
ERAS
PL
DELN
ORTEPL

F IRECREST CT

WOODLARKDR

ARCADIAN SHORES RD

WALN UT ST

HAZELTINE ST

PEAC HTR EE PL
DR
PEAC
HTR
EE
PL

BRO OK SIDE C T

CO TTON WOO D TR CO TTON WOO D C T

ST ANDREWS DR

PEAC HTR EE
PL

DUN ES S T

MERIO N ST

PLAINFIE
LD
DR

PEAC HTR EE
PLNO
RTH
SHO
RE
S DR

SHO R ES
NO RTH
SH
ORES
RD
AR
CADIAN

TURN ER AVE

PL AINFIELD DR
CO
LO
NIAL
AVE

CO G H ILL C T CO G H ILL C T

DUN ES S T

CYPR ESS PO INT PL CYPR ESS PO INT PL

PINE VA LLE Y AVE
AR

CADIAN SHO
RES RD

SU RREY WY

GREENBRIAR DRBRONCO DR
NO

RTH SHORE

DRLONG HORN ST
PE
ACH
TREE
PL
NO

RTH SH
OR
E D
R

PLAINFIE LD
DR

BLACK HO RSE DR

TURN ER AVE

PONY DR
STA

LLION WY

CO LT WY

WRA NGLER
PL

BL AC K HORSE DR

CHAPARRAL ST

ROCKY PL
CLO
VER
W
Y

PEACHTREE
LN
O
LD

ARCHIBALDRANCH
RD
G

REYF OX L N
LEMO
N
AVE
PLUM
AVE

CHE RRY
PL
CHE
RRY
AV

ECHE RRY HILL
CT
WY

DO RAL ST
PLUM
LN

CO TTON WOO D S T

CHE RRY
PLUM
LN

BANYAN ST

CHE RRY
PL

OAKHILL ST

FERN AV
GEYER
C T

BER MUDA DU NES CT

CO RMORANT DR

BLUE JAY WAY

LAUREL ST

BERM U DA D UNE S ST BERM U DA D UNE S STBERM U DA D UNE S ST

VI NEYARD AVE

DUN ES C TBERM U DA

HARBOUR
TOW
N

TR CANTERBURY

COLONIAL
AVE

CANTERBURY

RICH MO ND ST

BRO OKSIDE ST

O AK HIL L DR

PINE VALLEY

WAL NUT ST
WIL
M
ING
TON
DR
CO
LON
IAL
AVE
SE
A
ISLAND
PL
DO
VER
PL

LE XING TO N PL

TA M O '

SHAN TER

HAZE LTIN E ST

CO GH ILL ST

DUN ES S T

PI NE VAL LEY AVE

CEDAR RID
GE

DU NES ST

DESERT FOREST AVE

CEDAR RIDG
E
ST. ANDREWS ST

OAKMO NT ST
TURN
STON
EAVE

TAM O SHANTER

WAL NUT ST

DUNLIN WY

BI G RANGERD

WRANGL ER PL WRANGLER
PL
PALO

MINO PL

MUSTANG
DR

BLACK HORSE DR
CEN
TUR
IO
N
W
Y

LA GO ST
W OO D

OAK LEAF
C T
RD
PO

PLAR DR

WOO D C T

MO RN ING
ST. TROPEZ DR

BIS ON WY
FAWNCT
BLUE
FOX
D
RWY

ANTE LO PE

REINDEER LN
PL

DEER CR EEK L OO PCRYSTA LLK RD

WYPINECONE
RED
PINE
P
L
R
IPPLIN
G
BR
OO
K
PL
C
ARIB
O
U
PL
CLEAR

LAKE R D

ELSINO RE WY

ANTLER RD

GIN GE R

G LEN R D
CED AR

SHAD OW
WA RM
SOD A

SPRIN GS
CT
C K WY

SPG S CT

ASH G ATEWY
MI L
ANO
ST
G ENOA
ASHG
ATE PL

ASHG ATE CT

SU M MER ISLAND
APPLEW
OO
D
DR
NECTAR

CREEKSIDE DR
ALD
ER
CREEK
DR
O
AK
C
REEK
D
R
OA
K

C R EEK

O AK CREEK

STRAWBERRY CREEK PL
ADLER
CK
TUO
LU
M
NE
CT

CEDARG LEN

LAURELTREE DR

GING ER WO OD RD

OAK LEAF RD

MO RN ING -

WOO D C T

SCOU TCT

PEACHTREE PL

BURNING

TREE DR

MUSTANG
PL
PALO

MINO PL
PINTO

PLTUM BLEWEED ST

CHAPARR AL
ST
COLD

SPRINGS
PL
WAY
RUSH
C
REEK

SAN LO RENZO RVR RD

YUBA RVR RD
BIG
CREE
K

STRAW BERR Y CR EEK
SNO

W GRAEAGLE
TUO
LU
M
NE P
L

C OU NTRY OA K
S
LO
O

P MILLCR
EEK
M
A
D
RVR
RD

KINGSRVR
LN

AM ER ICAN RI VER RD

SAN LOR EN ZO RVR RD

GREYSTO NE DR

BRENTSTONE ST

HARTFORD STMO
NO
CK
SH
ERW
IN
CK
PL
WY

SALM ON
RIVER
D
R

OWENSRIVER
LN
McG
EE C
K LN

YUBA RIVER
DR
W
Y
CK PL
HO
LC
OM
B

LIV EOA K CK CT

SANTIAG O CR K WAY
EELR
IVE
R
PL
BRUSH
CK
PL
SALTCK
WY
McCLO
UD
RVR
LN
R
USSIAN
R
VRDR

YUBA RIV DR
BOIS
E CK P
L

WH ITE S TAG RD

AN TLE R RD
EV
E
RG
R
EEN
D
R
M
OO
SE
DEER
DR

AN TLER RD
ALD
ER
DR

CANARY CT
ACO
RN
PL

CAPRI ST

D AY CR EEK D R

HONEYBROOK WY
DEER

CREEK L O O P

CLEAR LAKERD

BUFFALO
RD
BLACK
PINE P
L

C TSU GAR M APLE
M
ONTE
G
O
AVE

TURN ER AVE

DOUBLEDAY AVE

GING ER WOOD R D

COUNTRY OAKS

OAK CR E EKDR
EAGLE
CK PL
MO
O
SE CK

LNC ARIB OU C K CT

GR IZ ZLE Y CK CT
CO
ND
OR
CK
LN

BEAVE R
CK LN

EL K CREEK DR
BIG

CREEK RD

YUBA RIVER DR

ME RCE D RIV ER R D
McCLO
UD
RIVE
R RD
TR
UC
KEE
R
VR

MILLIKEN AVE

STANFOR
D
AVE

DUPONT AVE

EXCI SE AVE
POINTE
AVE

SPRU CE ST

CEDAR ST

STERLING ST
POINTE
AVE

TURN ER AVE
O
AKLAN
D
AVE
BO

NITA AVE

SPRUC E CTHO
LLY
AVE

HOLLY PL
REDW
OO
D
PL

HICKORY PL

TIFFANY
PL

MON TIC ELLO ST

HICKORY
AVE
RE
D
W
O OD
AVE
DAMSON
CT
LARODA
CT

SPRU CE ST

CEDAR ST

MANZANITA CT

GREVIL LEA ST

LARODA CT

CYPR ESS AVE

DEL RANCHO CT
PALM
ETTO
AVE

FRANCI S ST

LARODA CT
POMONA FWY (SR-60)

POINTE AVE

BUSINESS
PARKW
AY

CEDAR ST

FRANCI S ST
PR
OFORM
A AVE

DE SOTO PL
PR
OFORM
A AVE

SPRU CE CT

DEL RIO
W

YCEDAR ST

HELLM AN AVE

CARLOS AVE

LYN X PL

CEDAR ST
QUAKER
RID
GE

PLGREVILL EA CT

VI NEYARD AVE

MON TIC ELLO CT

BAKER AVE

CASTLE HARBOUR PL

SH EARWATER ST

FREM ONT CT

CEDAR ST
AU

GUSTA CT

WALKER AVE

PI NEHURST AVE

SPRU CE ST

CEDAR ST
PAR
CO
AVE

SKYL AR K ST

WAL KER AVE

AU GUSTA PL

FRANCI S ST

MO NTIC ELLO S T

FRANCI S ST

CUCAMO NGA AVE

TAYLOR PL

CAMPUS AVE

LOC UST ST

MIRAM ONTE AVE

MON TEREY
AV

CEDAR ST

SPRUCE ST
LEMO
N
AVE

SU LTANA AVE

FERN AV

LARODA CT

DAMSON CT
CEDAR
ST

FERN AV

MANZANITA ST

SAN ANTONIO
AVE

GREVILL EA ST BO NITA AVE

COLO RADO RVR RDBUTTE
CK PL
McCLO
UD
RIVE
R RD

STONE CK

SILVERAD
O
C
REE
K
PL

KLAM ATH RIVER DR
FOX
CK
LN

ANTEL O PE CREEK DR

EL M ST

CHESTNUT ST
CT
COPPER

GOLD CT

CONTEMPO CT

TIFFANY PLMAPLE ST
PL

SI ER RA DAW N

NO CTURNE CT

M EDALL ION CT
REDW
OO
D

AVECADENZ A CT

AQ UARIUS C T

Z ENIA CT

LO CUST ST

BU CCANEER CT

CAMELO T CT

YU CCA ST

VALEN TIN E CT

TRO PICANA CT

QUIN CE CT

LANTANA AVEMON TEZUM A C T

MISTY CT

CONTEMPO ST

PLATINUM
CT

MAPLE ST

LOCU ST ST

EL M STBO

NITA AVE

SON OM A CT

BEVERLY O
AKLAND
PL
BO

NITA PL
VINE
PL

FERN AV

BU DD ST

LOCU ST

PALM AVE

MAPLE ST
AM
BER
PL

MO NTEZUM A ST

LAUREL AVE
ST
AVE

AC AC IA AVE

BU DD ST

DE AN ZA
C
IRCLE

LOCU ST ST

MAPLE ST

FRANCI S ST

LOCU ST ST
PINE

CTSPRUCE CT

MAGN OLI A AVE

TREE TOPS LN
SM
OKE
TREE
LN

LO G GE RS LN

PINE W OO D LN

WHITTL ERS LN

ELDERBERRY CT

MON TIC ELLO ST

FUCHSIA
AVE

GARDENIA AVE

OAKS AVE

CEDAR ST

HELEN AVE
ALMO
ND AV

SPRU CE
ST

FRANCI S ST

JUNIPER ST

HELEN AVE

OAKS AVE
MAPLE
CT

EUCALYPT US CT

TRO PICANA ST

MAGN OLI A AVE

LOCU ST ST

JACARANDA ST

AZALEAAVEDAHLIA
AVE
JASM
INE PL

TRO PICANA
CT

QUINCE CT

TRO PICANA ST

TRO PICANA CT

EU CALYPTUS
QUINCE
ST
QUINCE
CT
PALM

ETTO AVE

EUC ALYPTUS ST
BR
IAR
AVE
BOU
LD
ER
AVE

M APL E CT

PI NE PL
BR

IAR AVEMAPLE ST
BO
ULDER
AVE

ASHL AND ST
MAPLE
ST

LINDEN AVE

JUNIPER ST
MAPLE
ST

GRANITE
AVE

JACARAN DA ST

LOCU ST STBO

ULDER AVE

GRANITE AVE
MARIG
OLD PL

LOCU ST ST

AC AC IA CT

WOODL AWN ST

PARKSIDE PL

AC AC IA ST

MILDRED AVE

LOCU ST ST

BAKER AVE

EL M ST

AC AC IA ST
SACR
AM

ENTO AVE

VI NEYARD AVE

VALENC IA ST

BAL BOA AVE

EL M ST

LOCU ST CT

MAPLE PRI VADO

CARLOS AVE

BAL BOA AVE

FRANCI S ST

AVIO N PL

TOW ER DR

JURUPA ST

LINDSAY PRIVADO

JURUPA ST

TURN ER AVE

DOUBLED
AY
AVE

CARNEGIE AVE

LA SALL E ST

VI NEYARD AV

AI RPORT DR

WAL KER ST

AI RPORT DR

KERN ST

PEACH AVE

ONTARI O BLVD

GROVE PLMAIN ST

CUCAMO NGA AVE

MAITLAND ST

CALIFORNI A ST

CUCAMO NGA AVE

JEFFERSON ST

WASHI NGTON STGARFIELD AVE

STATE ST

BO N VIEW AVE

HOPE AVE

BEL MO NT ST

TAYLOR AVE

ONT ARIO BLVD

CALDWELL AVE

PARK ST

SUNKIST ST
CALDW

ELL AVE

CAMPUS AVE

RALSTO N ST
MON

TEREY AVE
MON

TEREY AVE

NEVADA ST

CALIFORNI A ST

SU LTANA AVE

CHERRY AVE

PL UM AVE

LEMO N AVE

FR ANCI S
ST
M

ETRO WAY

JURUPA ST JURUPA ST

ZINFANDEL C T

VANDERBILT ST

HUDSON AVE

FRANCI S ST FRANCI S ST

CHAMPAGNE AVE

FRANCI S ST
C
HABLIS
AVE

CL ARK ST

JURUPA ST

VINTAGE AVE

VI NTAGE AVE

SANTA ANA ST

MALAG A PL

SARAH PL

JURUPA ST
AUTO
C
ENTER
DR
McNAM ARA ST

WINEVILL E AVE

AUTOCENTERDR

ROCHESTER AVE

WANAMAKER
AVE

WAL L ST
W
O
ODRUFF
W
AY

ROCKEFELLER AVE

LO WELL ST

SANTA ANA ST

DUPONT AVE
D

OUBLEDAYAVE

SANTA ANA ST

PLEASANTAVE
M

ONTEREY
AVE

PLEASANT AVE

ACACIAAVE

EL M ST
ELM ST

DE ANZA AVE

MAPLE ST

BO N VI EW AVE

WOODL AWN ST

AC AC IA ST

CUCAMO NGA AVE

PLEASAN
TAVE
MELR

OSE AVE

MALC OLM AVEM
IRAMO
NTEAVE

NOCTA ST

LYN N HAVEN

D ST

CHERRY AVE

SI ER RA C T

EM POR IA ST

WILL OW ST

NOCTA ST

EL MA ST
MU
SC

ATELAVE

MAIN ST

EM PORI A ST

IMPERIAL AVE

EL MA CT
LASSEN

PL EL MA CT
CORO

NA AVE

SACR AM ENTO AVE

VI NEYARD AVE

CONVENTIO N CENT ER WAY

DEARBORN CT

VINEYARD / TER
MIN
AL W

AY GUASTI RD

AI RPORT DR

PEPPER TREE L N

SYCAMO RE RD
TURN
ER

AVE GUASTI
RD

CENTREL AKE

DR EBO NY ST
SEQ

UOIA AVE

PONDERO
SAAVE

AI RPORT DR

CLEVELAND AVE

HOLT BL

BR ICKELL ST

AI RPORT DR

BR ICKELL ST

BR ICKELL PR IVADO
WANAM

AKER AVE

O NTARIO MILLS PAR KWAY

GIBRALTAR ST

AI RPORT DR

ONTARI O M ILL S PARKWAY

VINTAGE AVE

FRANKLIN
AVE

ONTARI O
MIL LS
DR

MI LLS CIRCLE

BEL MO NT ST

STATE ST

MAIN ST

CARLTO N ST

PALM AVE

LAUREL AVE

FERN AVE

VI NE AVE
SILVER
CT

SAN ANTONIO
AVE

CARLT ON ST

CALIFORNI A ST

NEVADA ST

CYPR ESS AVE

PALM ETTO AVE

RALSTO N ST

SU NSONG CT

SEASHEL L CT

ECL IPSE CT

PI NE AVE

WOODL AWN ST
BAHI A

CT AZALEA AVE

SU NKIST ST

PH ILL IPS ST

R ALST ON ST

MAGN OLI A AVE

ELDERBERRY AVE

OAKS AVE
ALMO
ND AVE

C LAIR ST

STATE ST

OAKS AVE

BR OOKS ST

VESTA ST
ELD

ERBERRY
AVE
BEG

ONIA AV

CAMELLIA ST
PALM

ETTO AVE HO LL OWEL L ST

VESTA ST

B ST

GRANITE AVE

BR OOKS ST

CYPR ESS AVE

SAN ANTONIO
AVE

EM PORI A ST

MAIN ST

BR OOKS ST
BEVER
LY
CT
BO

NITA CT

VI NE AVE

TRANSIT ST

EM PORI A ST

FERN AVE
PALM
AVE
LAUREL
AVE

TRANSIT ST

B ST B ST

C ST

FERN AVE
PALM
AVE

LAUREL AVE
PLUM
AVE

EM PORI AST

MARIN AVE

MADERA AVE

MADERA AVEH ST

BAKER AVE

GRANADA CT

PLAZA SERENA
OR
ANG
EAVE

PLACER AVE
SACAM

ENTO AVE

SAN DIEGO
AVE

ROSEWOO D CT

JAY STNAPA
AVE

MERCED AVE ROSEWOO D CT

MARIPO SA AVE

GRANADA CT
LASSEN
AVE
HUMBO
LDT PL

J ST

SU LTANA AVE

CHERRY AVE

EL MO RADO CT

F ST

G ST

E ST

VINE AVE
BO

NITA CT

F ST

FL ORA ST

D ST

BEVERLY SQ

EL MO RADO ST

GRANADA CT

BERKEL EY CT

I ST

VI NE AVE
PALM
AVE

LAUREL AVE

GRANITE ST

FL ORA ST

E ST

BO ULDER AVE

G ST

EL MO RADO CT
H ST

GR AN AD A C T

BERKEL EY CT

GRANITE AVE

BO ULDER AVE

CYPRESS
AVE

F ST
E ST
PALM

ETTO AVE
PALM

ETTO AVE

PALM ETTO AVE

GLENN PL

D ST

FL ORA ST

HUMBO LDT
CT

F ST

EL DORAD O

CT GLENN
CT

EL MO RADO CT

LAKE AVE

IMPERIAL AVE

HUMBO LDT CT

GLENN AVE
EL
DORA
DO
AVE

DEL N ORTE AVE

CALAVERAS AVE

I ST
LASSEN

AVELAKE AVE
FRESNO
ST
HUMBO
LT

GLENN AVE

EL DORAD

O AVEROSEWOO D
CT

FLORA ST
AM
ADOR
AVE

ALAMEDA AVE

AL AMEDA AVE

PARKSIDE AVE

VIRGINIA AVE

G ST

VI RGINI A AVE

FL ORA ST

PARKSIDE AVE
E ST

CUCAMO NGA AVE

HOLM ES AVE

CUCAMO NGA AVE

LA PALOM
A AVE
HOLM
ES AVE

LA PALOM
A AVE
JS T

I ST

H ST

EL MO RADO CT

GREENWOO D AVE

FL ORENCE CTGRANADA CT
F ST

FL ORA STFL ORENCE AVE

ALLYN AVE

F ST

E ST

D ST

BERL YN AVE

ALLYN AVE

ORCHARD LN
J ST

PL AZA SERENA

J ST

CAMPUS AVE

MON TEREY AVE

E ST

G ST

EL MO RADO CT

H ST

GRANADA CT

I ST

PL AZA SERENA
MON

TEREY AVE

ROSE WO OD CT

ONTARI O M ILL S PARKWAY

INLAND EMPIR E BL VD

FERRARI L N
POR
SCHEW
Y

INLAND EMPIR E BL VD

LOTUS AVE

SHELBY ST

TRIU MPH LN

CORVETTE DRJAGUAR WY
TURN
ER
AVE

INLAND EMPIR E BL VD

G ST
MARIPO
SA AVE
LAKE
AVE

HAWTHO RNE ST
EL DO

RADO AVE

HAWTHO RNE ST

BONNI E BRAE CT

YALE ST

PR INCETO N ST

MANDALAY ST

PR INCETO N ST

YALE ST

FIFTH ST

ORANGE AVE

PL ACER
AV

HAWTHO RNE ST

VI NEYARD AVE

FIFTH ST

BR AE CT

M ULBERRY CT

BALBOA W
AY

BONNI E

HAWTHO RNE CT

CARLOS PL

ISADORA
W
AY

HACIENDA DR
LAM

ANCHAWYDEL
RIO
W
Y

LA DENEY ST

HELLM AN AVE

DEL RIO
PL

YALE ST
CENTER
AVE
MALL
DR

MIL LS CI RCLE
GURNEE
AVE
FRA
NKLIN
AVE

ONTARIO
M
ILLS
D

RROCHESTER AVE W

INEVILLE AVE

COR ONA AVE

LA DENEY CT

SI XTH ST
ARROYO
DR

AL ONDR A AVE
C
AR
LO
S
SO
LANO
PL

AL ONDR A C T

DEODAR ST
SAN
DIEGO
PL
SA

CRAMENTO
PL
ORANG
E
PL

BERKELEY CT

J ST

F ST
AZALEA
AVE
BEGON
IAAVE

CAMELLIA AVE

DAHLIA AVE

G ST

GARDENI A CT

F ST

FL ORA ST

FAWN ST

ELDERBERRY AVE

FUCH SI A AVE

D ST

HOLL OWEL L ST

E ST

OAKS AVE
HYACIN
TH CT

IRIS CT

H ST

GRANADA CT

I ST

EL DERBERRY AVE

FUCH SA AVE

GARDENIAAVE

OAKS AVE

BERKELEY CT
JASM
INE
CT
JASM

INE AVE

J ST BEG

ONIA AVE

HARVARD PL

PR INCETO N ST

YALE ST

FIFTH ST

ROSEWOO D CT

J ST

HARVARD PL

COLLEGE
WAY

PALM AVE

BONNIE B RAE C T

BO NNIE BR AE CT

PR INCETO N ST

SU LTANA AVE

PL EASAN T AVE

FIFTH ST

YALE ST

CAMPUS AVE

HARVARD PL

BERL YN AVE

PR INCETO N ST

COUNCI L AVE

YALE ST

ROSEWOO D CT

ORCHARD LN

ALLYN AVE

ORCHARD LANE
COUN
CILAVE
HOLMES
CT

LA PALOM
A
CT

H AR VARD P L

VIRGINIA AVE

PARKSIDE AVE

BO NNIE BRAE CT

FIFTH ST

CAROLINE ST

VI RGINI A AVE

CAROLI NE CT

VIRGINIA AVE
HO
LM
ES
CT

SI XTH ST

DEODAR ST

HAWTHO RNE ST
HOPE

LA DENEY
CT

MARCELLA CT

HAWTHO RNE ST
MIRAM

ONTE AVE
MON

TEREY AVE

PLEASAN
T AVE

LA DENEY

SI XTH ST

COLU MBIA AVE
ORANG
E

PLACER AVE
SACR
AM

ENTO AVE

SAN DIEGO
AVE

TRINIT Y L O
OP

ALVARADO

LA PAZ AVE

SEVENTH ST

HI GHLAND CT

OL IVE ST

SYC AM O RE ST
BARR
AN
CA AVE

CAROL INE CT

HACIENDA

SYCAMORE CT

HACIENDA DR

CAR O LI NEDR

DEOD AR ST
SOLANO
AVE

HAWTHO RNE DR

L A DENEY CT

ALVARADO ST
CHARMO
RE

HAWTHO RNE ST

LA DENEY DR

OAKLAND

ARM SLEY SQ
BO
NITA

CHAFFEY
AM
BER CT

BEVERLY CT

OAKLAND
AVE
BO

NITA AVE

CAROLI NE CT

RICHL AN D ST

ALVARADO CT

SYCAM ORE CT

SEVENTH ST

VI RGINI A AVE

HIGHL AND CT

OLIVE CT

RAYM OND ST
RAYM
OND CT

PARKSIDE EI GHTH ST
AMADO
R
AVE

CALAVERAS AVE

RAYM OND ST

HIGHL ANDCT
DELNO
RTE
AVE

EL DORAD O AVE
OLIVE

CT EL DORAD O AVE
GLEN
N
AVE
H
UMBO
LTAVE

EL DORAD O
AV

SYCAM ORE ST

SYCAM ORE
HUMBO

LDT AVE
LAKE
AV
MADERA
AV
CO
RONA
AVE

SEVENTH ST

MADERA M
AR
IN
AVE
ORAN
GE
CT
PLACER
PL

ISADORA
W
AY

CARLOS AV

LA DENEY D R

LASSEN AVE

DEL NOR
TE CT

CALAVERAS
C
T

LA DENEY DR
AM
ADOR
AVE
AM
ADOR

AVE ALVARADO ST

MOUNTAIN AVE
POMONA FWY (SR-60)

PHILADELPHIA STPHILADELPHIA ST

EUCLID AVE

RIVERSIDE DR

PHILADELPHIA ST

EUCLID AVE

BEL MO NT ST

RALSTO N ST

MAITLAND ST

OAKLAND AVE
BO

NITA CT

VI NE AVE

PALM AVE

CYPR ESS AVE

M AITLAND ST

EUCLID AVE EUCLID AVE

HOLT BLVD

EUCLID AVE
SAN BERNARDINO FWY (I-10)

GROVE AVE

BAKER AV

FOURTH STFOURTH STFOURTH ST FOURTH ST

HOLT BLVD

GROVE AVE

MISSION BLVD

GROVE AVEGROVE AVE

RIVERSIDE DR

PHILADELPHIA ST

FOURTH ST

ARCHIBALD AVEARCHIBALD AVEARCHIBALD AVE

PHILADELPHIA ST

ARCHIBALD AVE

ARCADIAN
SHO
RES
RD

OAK HIL L DR

FAIR FIEL D ST

TURN STON E

ARCHIBALD AVE

RIVERSIDE DR

MISSION BLVD

HAVEN AVE

MISSION BLVD
DU
PO
NT
AVE

HAVEN AVE

FOURTH ST

HAVEN AVE
M

ILLIKEN
AVE

ONTARIO
FW
Y (I-15)

MILLIKEN AVEMILLIKEN AVE
ONTARIO FWY (I-15)

PHILADELPHIA ST
W

INEVILLE AVE

BURGUNDY
PL

PHILADELPHIA ST

ETIWANDA AVE ETIWANDA AVE ETIWANDA AVE

FOURTH ST
BARR

INGTON AVE

LEMO N PL

EXCISE AVE

CHINO AVE CHINO AVE CHINO AVE CHINO AVE CHINO AVE

ONTARI O RANCH RD

EU CALYPTUS AVE

MERRIL L AVE MERRIL L AVE

BO N VIEW AVE

CUCAMO NGA AVE

ROSEWOO D CTROSEWOO D CT

JASMINECT
PALM

ETTO AVE

YALE ST

FIFTH ST

YALE ST
CYPR

ESS AVE

HELEN AVE

IRIS CT

PR INCETO N ST

HELEN CT

OAKS CT

DEODAR ST

GARDENIA
CT

FUCH SI A AVE

EL DERBERRY
AVE

DAHILA CT

SI XTH STHELEN AVE

GARDENIA
AVE

AR MSLEY SQ

LA DENEY DR

ELDERBERRY CT

BO NNIE BRAE CT

HAWTHO RNE ST

LA DENEY DR
PALM
ETTO
AVE
BO

ULDER AVE

SI XTH ST GRANITE AVE
CYPR

ESS AVE

CYPR ESS AVE
BO

ULDER AVE

GRANITE AVE

HARVARD PL

SAN ANTONI O AVE

OAKS AVE

HARVARD PL

PR INCETO N ST

HAWTHO RNE ST
JASM

INE AVE

BO NNIE
BR AE
CT

KENMO R
E
AVE
KENM
OR
E

VI NE AVE

DEODAR ST DEODAR ST

BO NNIE BRAE CTBO NNIE BRAE
CT

HAWTHO RNE ST

LA DENEY DR

YALE ST

COLU MBIA AVE

LA DENEY
DR

DEODAR ST
HOPE

HIGHL AND CT

LEEDS AVE

BAKER AVE
LASSEN
AVE
LAKE
AVE
LAKE
HUMBO
LT
AV
MADERA
AV
MARIN
AV CO
RONA
AVE
SOLANO
AVE

OL IVE CT

MERCEDES LN

MISSION BLVD

MOUNTAIN AVE
BENSO

N AVE
SAN BERNARDINO FWY (I-10)

MOUNTAIN AVE
BENSO

N AVE

HOLT BLVDHOLT BLVD

MISSION BLVD

MOUNTAIN AVE
BENSO

N AVE

CONTEM PO CT

CHINO AVECHINO AVE

CHINO AVE

BAKER AVE

CHINO AVE

GROVE AVEGROVE AVEGROVE AVEGROVE AVE

BO N VIEW AVE

ED ISON AVE

BO N VIEW AVE BO N VIEW AVE BO N VIEW AVE

CAMPUS AVE

ED ISON AVE

EU CALYPTUS AVE

EUCLID AVEEUCLID AVEEUCLID AVEEUCLID AVEEUCLID AVE

DEER FIELD S T
C
HER
RY
AVE

ONTARIO
FW
Y (I-15)
SAN BERNARDINO FWY (I-10)

SH EA DR

PO NDEROSA AV
SEQ

UOIA AV

FRANCI S ST

PACIFIC

PR IVADO

SL ATER
CIR

GO LDEN TRAILS

SILV ER SAD DLE ST

PALOM INO CT

CEN TUR IO N P L

PLAINFIE
LD
PL

OLD AR CH IBALD R AN CH R D

STALLION WY

RO AN ST
R
O
DEO
PL
SHO
RE
S
RDARC
ADIA
N

JO SH UA TRE E RD
CEN
TUR
IO
N
P
L

JO SH UA TRE E ST

AUTU MN
RIDG E
RD
RO
CKY LN

GREENBRIAR
DR
PON Y
WY

CLOV ER P L

STALLION ST

SWEET WATER
DR
RO CKY
WY

CLOVER LN

DUNES ST

LAUREL VLY L N

SEA ISLAND TR

CEDAR CT

EI GHTH ST

LOCU ST CT
M
ILL C
K

GUASTI RD

CAR RILLO P RIVAD O

MOORE WY

JOHN BANG S DR

MANZANITA CT
PALM
PL

LAUREL PL

MOTOR LN

EARL STONE D R
CO
NC
OR
D
AVE

ME RIO N ST

PLUM LNDEER FIELD C T
ST. AN DR EWS S T

DO RAL ST

MO NTE REY AV E

DEER FIELD S T

TA M O'SHA NTER ST
ST. AND R EWS S T
PLE

ASAN TAV E

HAZE LTIN E ST

BLUE J AY WAY

HAZE LTIN E ST

WINDS OR ST

CO NCO RD
AVE

CHE RRY AV E

CO TTON WOO D S T
GO
LDCR
EST P
L

DO RAL CT

DEER FIELD S T
HO
LM
E
S AV
HO
LM
E
S PL
G
AR
FIELD
AVE

DUN ES S T
H
O
PE
AVE

DEER FIELD S T

CUCAMO NGA AVE
GR
EEN
W
OO
D S
T
TAYLO
R
AVE

CAMELLIA AVE

FOURTH ST

AR A BIA
N
PL

CLYDE SD ALE ST
ARC
ADIA
N SH
OR
ES AV

BUR NING TRE E DR

THO RO UG HBR ED S T

BIG RANG E RD
N
ORTH
SHO
RES
DR

CHINO AV

TURN ER AV

GROVE AVE

WAL KER AVE

AR CHIBALD AVE

CARPEN TER AVE

CLEVELAND AVE

EU CALYPTUS AVE

HAVEN AVEHAVEN AVE

ED ISON AVE

AR CHIBALD AVE

EU CALYPTUS AVE

HAVEN AVE

AR CHIBALD AVE AR CHIBALD AVE

MERRIL L AVE

CARPEN TER AVE

ONTARI O RANCH RD

EU CALYPTUS AVE

MERRIL L AVE

ED ISON AVE

WAL KER AVE WAL KER AVE

EU CALYPTUS AVE

ED ISON AVE

VI NEYARD AVE

WAL KER AVE

ONTARI O AVE ONTARI O AVE

SMIDER LE LP

CHINO AV

CEDAR ST

GREEN PRIVADO

PR IVADO
CHIEF

VIA ASTI

VIA ALBA

VIA PIEM
ON
TE

VI A TURI N

VI A VI LLAG IO

ONTARIO CENTER PARKWAY

GO L DE N O A K R D
HOFER RANCH RD.

KETTERING
DR

OLD GUASTI RD

GREVILL EA CT

GUASTI RD

COMMERCE
PARKW

AYCOM MERCE PARKWAY

AI RPORT DR

TOYOTA WY

CONCO URS ST

AVIO N ST

AVIO N ST
JASM
INE CT

AL MO ND AV
BENSO

N AVE

BAKER PRIVADO

MARIPO SA PRIVADO

EL MA PRIVADO

D ST

NOCTA PRI VADO

MARIN PRIVAD
O

NOCTA ST

MADERA PRIVADO

M ON TEZUM A S T

CO NTEM PO CT

BRIAR WY

CO TTON WOO D C T

PARKSIDE AV

VIRG INIA PL

COTTO NWOO D CT

STONER IDGE CT
TA
H
OEDR

ASH GAT
E
W
AY

LAKE PL

DEOD AR ST

MARIPO SA AV
MARIN
AV
MADERA
AV

HIGHL AND CT

OLIVE ST

RAYM OND ST
MARIN

AV MARIPO
SA AV
ST. ANDREWS ST

FL ORA ST

SEDO NA CT
DUESE
NB
ERG
DR

O R A N
G
E
P
R
IVA
D
O
P L A
C
ER
P
R
IV
A
D
O

SOLA NO PRIVAD O

HAR VARD PRIVA DO

PLA C ER P RIV AD O
PLA
C
ER
P
RIV
AD
O
EDENG
LEN
AVE

AUBURN WY

CALLAWAY DRLINDENW
O
O D DR

HERITAGE LN

G ROV ELAND
DR

COTTAGE WY
EDENG
LEN
AVE
QUINC
Y WY
EDENG
LEN
AVE
HAMP

SHIRE DR

BETHANY WY

EMO RY LN

OAKWO OD DR
EDENG
LEN
AVE

TU LA NE WYHAMP TO N WY

BRADLEY LN
CLAREM
ONT DR

WE STMO NT LN

HAMILTON WY
C
AMBR
IDGE
D
R

RAYM OND
PL

LO CUST ST

EL M CT

WAL NUT ST

WAL NUT STWAL NUT ST

EL EVEN TH AVE

ELDERBERR
Y
CT

EU CALYPTUS CT

LEMO N AVE

SC HAEFER AVESC HAEFER AVE

SC HAEFER AVE SC HAEFER AVE SC HAEFER AVE

HAMNER AVEHAMNER AVE

VIA RU A RIO

VIA RU A FLOR ES

VIA BELAM
AR
IA

VI A TERRANO VI A C ORVINA

VI A FIANO
VI A

MOL INARA

VI A D OLC ETTO

VI A BARO LO

AR B O R L N

MERRIL AVE MERRIL AVE

KE N SIN G TO N AV E

RO SE PETAL WY

WICKFO RD ST
OX
FO
RD LN
M
CC
LEVE
WYWEST

MC CLEVEW
YEAST
C
E
N
TE
N
NIA

LC I W ES T C E N TEN N
IA
L
CI
EA
S
T

VI CTO RY LN
HE

RIT A G E P A SEO

CR O W N

CT PR IM R O S E
PL
S

ALISBURY

WYDE VON SHIR E LN

DISCO VE RY ST
C

ELEBRATIO
N
AVE

PARKPLACE
AVE

PARKVIEW ST

HOPKINS ST
GROW
ER
AVE

GREEN AVE

HYCHE AVE

DULISSE AVE

WING ST

KL ASSEN ST

CELEBRATIONAVE

PARKPLACE AVE

TURN ER AV

NEW HAVEN DRONTARIO RANCH RD

ONTARI O RANCH RD ONTARI O RANCH RD

SC HAEFER AVE

RUTH ER FO RD DR

LA AVENIDA DR
ALEXAN

DER AVE

YOUNTVILLE DR

OAKVILLE
AVE

ED ISON AVE

LA AVENIDA DR

SC HAEFER AVE

CHIP S MITH WY
ALBRIG
HT LN

VICTO RIA ST CO
TTA
GE
GAR
DEN
W
Y

PI NE RIDG E LP
SO

MERSTON W
Y
MON
DAVI W
Y

MERRYVALE
W
Y
TRIN
ITAS W
Y

MAYACAM A WY
SILVER
OAK W
Y

STERLI NG
ST

ARTESSA
WY

CLOVERDAL E WY

INGL ENOOK WY

CARNEROS AV
JAY ST
QVC W
Y

PLYM OU TH AVENEWTO N AVE

COLO NIAL AVE

SAL EM ST

NORWICH ST

DANBURY ST

COLC HESTER ST

BENN INGTON ST

LEWISTON ST

DARIEN ST

BEL LEGR AVE AVE

BO U N TIF UL TR

G RA P EV IN E T R
RO
S
EM
AR
Y
W
Y

THO MP SON ST
MT. RAINIER DRIVE

GLACI ER TRAI L

BI SC AYNE ST

ZIO N TRAIL

DENALI D RIVE

AC AD IA AVE

YEL LOW STON E DRIVE

YO SEMITE DRI VE

GRAND PARK ST

AC AD IA AVE

AR CHES TRAI LROCKY M OUNTAIN ST

TURN ER AVE

OLYMPI C DRIVE

DERBY LN

WILL IAMSBURG LN BARN VEL DER

WYANDO TTE
ORPING
TO
N

TANGERIN E WAY

APRICOT
W
A

YAG RARIAN ST

PA I N T ED C R E S C E N T S T

PERE NNIA L D R
STARR
Y NIG
HT LN

MA STERP IECE S T

OPH ELIA LN

PA STEL LN

SWALLOWTA IL LN
MO
NA
RCH
PL

BUTTER FLY LN

LA V EN D E R D R

LI LA C L N

O R C H A R D S T

SA G E W O O D L N

KI N G S D RC AS T LE L N
GA
RD
E N
G
ATE
LN

MONTE PRIVAD O

BEL LA PR I VAD O

SAL ID A PR I VAD O

EST RE LLA P R IVA D O

P ER DI DO P RI V ADO
AFT
ON
PR
I VA
DO

CI ELO P RI VA DO

SO N R IS A PR I VAD O

LUN A PR I VAD O

AM H E R ST P R I VA D O

BO RDEAUX DR

BO WERY PL

WI LSHIRE RD

PENNY LN

BO URBO N ST

ABBEY RD

GRAFTON ST

BRO ADWAY AV

BEALE WY OCEAN WY

CANAL WY

AM IG O S P RI VA DO

TES O RO PR IV AD O

PER D ID O P RI VA DO
PL
A
YA
P
R
IV
A
D
O

AMAN EC E R PR IV AD O

CO LI BR I P RI VA DO

CO RA ZO N P RI VA DO

M I LL C R E E K AV

ALME ND AR EZ

PR IV AD O

MO N ETA P RI VA D O

AR VAD A PR I VA DO

MO N TR OS E P RI VA DO

SC O TT W Y

R O G E R S W Y

WA Y N E A V

KE N T W Y

D IA N A WY

BA N N E R S T

M U R D O C K LN

PA R K E R LN

H O WL E TT L N

DRYDEN AV

KI NGSTON AV

MANITOBA PL

OTTAWA AV

CORNWAL L ST

ED MO NTO N ST

AL BERTA ST

SARN IA ST

CALGARY ST

WINNIPEG AV

WEL LAND AV

SI LV E R S K Y D R

C O P PE R H I L L S T FL A G S TO N E
A V
REFLEC

TION LN

SU S S E X PR I V A D O
JA
S
M
IN
E
LN

BA N T A M

PA S E O

BR A H M A

PA S E O

BR E S S E

PA S E O
JA VA

PA S E O

CLEMENTINE
DR

AVOCAD O
TR

ST A R K L N
EC H O
C T

KENDALL LN

TRELL IS WY

BO DEG A WY

CEL LARS
WY

MIDSUMMER

PRIVADO

WILD HORSE PRIVADO

CARDINALE

PRIVADO PARADUXX

PRIVAD O

QUINTESSA

PRIVAD O

HAVEN AVE
HELLM
AN AVE

EU CALYPTUS AVE

OLI V IA WY

BLA IR E WY

CH AR LO TT E AV

LOL A AV

STE LLA A V

ELLI E AV

CO RA W Y

SC AR LET T LN SC AR LET T LN

MA BE L LN MA BE L LN

CLA RA L NCLA RA L N

HA RP ER S T HA RP ER S T

PEN E LO PE LNPEN E LO PE LN

PAR KV I EW ST

RE ES E WY

AN SLE Y AV

AVE RY A V

TATU M L N

HA RLO W LN

MA E WY

EM BR Y LN

IV Y AV IV Y AV

PI PE R WY

HA ZEL S T

VI OL ET LN
SU

NRISE AV

DAYL IGHT AV MOO NLI GHT ST

ROSY PKWY

SU NSET
DR

CHEERFUL PASEO

MILL CREEK AV

TREE BL OSSOM ST

ASPEN ST

HEARTWO OD ST

SU MAC ST

CA LER A ST

ATTA LA ST

FIN C AS TLE S T

CALISTOGA AV
ME
ND
O
CIN
O AV
AM
HE
R
ST AV
AN
NIST
ON
A
V

NE LSO N D R

PO LLO C K ST

EAM E S ST

WRI G HT AV E

TWI NK LE AV E

GAR RIC K ST
PRINC
E W
Y
GR
AYSO
N W
Y

WILS ON AV

JO RD AN AV

AND ERSO N AV

KANE DR
AUSTIN

CUR RY ST
STEED
JAC
OB
SO
N

LAU TN ER

ALLS TO N P AS EO

PH EASANT
CRANE
KI WI

WRENMEADOW
LARK

TANAGER

CALIF OR NIA ST

ALM O ND BLO S SO M S T

C R IS A N T A P R IV A D O

P E O N Y P A S E O

S A G E P A S E O

CLI FT ON AV

H O L L Y H O C K P A S E O

H IS B I S C U S

PA S E O

C R IS A N T A P R IV A D O

H E A T H E R P R I V A D O

MI LL C RE EK A V

BR I G H T PA S E O

D EL I G H T P A S E O

H AP P Y PA S E O

SU N N Y P A SE O

LA N T ER N P A S E O

OAS IS PASEO

SP A R K LE

PA S E O

JO L LY

PA S E O

R AD I A N T D R
AM
HE
R
ST AV
VEN
TU
R
A AV

SU NS ET S T

LA JO LLA ST

CAT ALI N A S T

CA MB R IA

PR IV AD O
EN
CINITA
S AV
E
AVI LA

PR IV AD O

HALTON PRIVAD O

BASANITE AV
SH
ALE AV

DOLO MI TE ST

BROCKRAM DR

KI NGL ET AV

MA DELEIN E

PRIVAD O

JO SEP H

PRIVAD O
LE NA

PRIVAD O

SCH MID T PRIVA DO

CH ATH A M ST CLIFTON ST

CAN TON A PASEO
FERG
USO
N P
RIVAD
O

KANE DR

SU N S T O N E S T
STEFAN
O C
T
LO
Y
A
LT
Y
P
L
P
A
R
K
V
IS
TA
DR
1 4
3 2
5 Five-Year Capital Project Needs Analysis
2025/2026 - 2029/2030
Project Description
1 Widen Grove Ave. from Fourth St. to Airport Dr. from 4 to 6 lanes. 2 Widen Holt Blvd. from 750 ft. west of to 750 ft. east of Grove Ave.from 4 to 6 lanes. 3 Widen Mountain Ave. between Brooks St. and Vesta St. from 4 to 6 lanes. 4 Widen Holt Blvd. from 750 ft. west of to 750 Ft. east of Mountain Ave. from 4 to 6 lanes. 5 Etiwanda Avenue and Airport Drive Intersection Improvements.

Exhibit A
µ
0 1 20.5
Miles
August 19, 2024
By: Johnson Hua
S:\Engineering\TRAFFIC & TRANSPORTATION\TRAFFIC OPERATIONS\ Maps\Five-Year Capital Project Needs Analysis Grove 2025/2026 - 2029/2030.pdf 80 Nexus Project Cost 32,200,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $446,706.00
Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $7,612,568.50
Fund Type: MSI Arterial $ 2,116,294.04 $ 2,116,294.04 $ - $ - $ - $ - $ - DEV FEE $ 1,689,990.21 $ 1,689,990.21 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $9,143,990.32
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Grove Corridor
Widening (Fourth St to Airport Dr)
and Holt Blvd/Grove Ave
Intersection Widening Project
Desrip: Widen Grove Ave from I-
10 to Holt Blvd from 4 to 6 lanes,
W. Cuc. Crk Bridge
Current Total Project Cost
Estimate:

Comments:

Costs include PA&ED of the
Grove Corridor project; and
PS&E, ROW and CON for the
Grove portion of the Holt/Grove
intersection project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$4,797,885.67
(Summation of Measure I)
Proj 1
2024/2025
81 Nexus Project Cost 48,817,215$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ - - Select Fund - . $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $446,706.00
Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $7,612,568.50
Fund Type: MSI Arterial $ 2,116,294.04 $ 2,116,294.04 $ - $ - $ - $ - $ - DEV FEE $ 1,689,990.21 $ 1,689,990.21 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $9,143,990.32
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd.
from 750 ft. west to 750 ft. east of
Grove Ave. from 4 to 6 lanes
Project Description: Widen Holt
Blvd from Benson Ave to
Vineyard Ave from 4 to 6 lanes
Current Total Project Cost
Estimate:

Comments:

This is a portion of Nexus Project
"Widen Holt Blvd from Benson
Ave to Vineyard Ave from 4 to 6
lanes". Costs include the PS&E,
ROW and CON for the Holt
portion of the Holt/Grove
intersection project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$4,797,885.67
(Summation of Measure I)
Proj 2
2024/2025
82 Nexus Project Cost 2,631$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $140,000.00
Fund Type: MSI Arterial $ 77,840.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 62,160.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - This is a portion of Nexus Project
"Widen Mountain Ave from Sixth
Street to s/o Holt Blvd". Costs
include the PS&E, ROW and CON
for the Mountain portion of the
Holt/Mountain intersection
project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Mountain
Ave. between Brooks and Vesta
Streets from 4 to 6 lanes
Project Description: Widen
Mountain Ave from Sixth Street to
s/o Holt Blvd
Current Total Project Cost
Estimate:
$5,074,509.06
Total Measure I Request:
$77,840.00
(Summation of Measure I)
Comments:

Proj 3
2024/2025
83 Nexus Project Cost 2,631$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $140,000.00
Fund Type: MSI Arterial $ 77,840.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 62,160.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $5,074,509.06
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd.
from 750 ft. west of to 750 ft. east
of Mountain Ave. from 4 to 6
lanes
Project Description: Widen Holt
Blvd from Benson Ave to
Vineyard Ave from 4 to 6 lanes
Current Total Project Cost
Estimate:

Comments:

This is a portion of Nexus Project
"Widen Holt Blvd from Benson
Ave to Vineyard Ave from 4 to 6
lanes". Costs include PS&E, ROW
and CON for the Holt portion of
the Holt/Mountain intersection
project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$77,840.00
(Summation of Measure I)
Proj 4
2024/2025
84 Nexus Project Cost 5,270,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ -
$ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 55,600.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,400.00 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $2,165,346.00
Fund Type: MSI Arterial $ 1,579,371.50 $ 225,624.50 $ - $ - $ - $ - $ - DEV FEE $ 180,175.00 $ 180,175.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Etiwanda Avenue
and Airport Drive Intersection
Improvements
Project Description: Spot Widen
Airport Dr from Kettering to
Etiwanda Ave from 2 to 4 lanes,
including intersection at
Current Total Project Cost
Estimate:

Comments:

City of Fontana is the lead
agency on the project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$1,860,596.00
(Summation of Measure I)
Proj 5
2024/2025
85 Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

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

ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT

AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISITICS CENTER

SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
September 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

Accept a written petition (on ﬁle with the Records Management Department) from IV3 Loma
Creek Logistics, LLC
("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services); authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, November 5, 2024.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

Mello-Roos ﬁnancing in the Loma Creek Logistics Center Services development is projected to generate approximately $133,848 per year, at build-out, to fund administrative fees and municipal services. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to ﬁnance municipal services. 86 Municipal services that may be funded by a community facilities district include: police protection services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads, open space, ﬂood and storm drain protection services, maintenance and operation of ﬁber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or tangible property with an estimated useful life of ﬁve or more years that is owned by the governmental entity. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to ﬁnance municipal services are to adopt a Resolution declaring the intention to establish a community facilities district and authorize the levy of special tax.

IV3

LOMA CREEK LOGISTICS, LLC,
has provided a written petition to the City requesting the formation of a community facilities district, along with a deposit pursuant to a Deposit Agreement dated October 1, 2023, for the Loma Creek Logistics Center Services project. The project will be an industrial development of 23.87 gross acres located south of Chino Avenue, north of Ontario Ranch Road, west of Mill Creek Avenue, and east of Haven Avenue. As proposed, the project is anticipated to include 535,168 square feet of industrial space at build-out.

Included, as part of the Resolution of Intention, is the proposed Rate and Method of Apportionment of Special Tax for the district. The term and structure of the Rate and Method of Apportionment of Special Tax for the Loma Creek Logistics Center Services project is consistent with the City Council’s adopted Mello-Roos local goals and policies.

City Staﬀ has discussed the proposed Rate and Method of Apportionment of Special Tax with the landowner. As proposed, the Resolution of Intention to establish the district and to levy special taxes will set a public hearing date on the formation of the community facilities district for the regularly scheduled City Council meeting on Tuesday, November 5, 2024. 87 RESOLUTION NO. ________

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

CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS

CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL

TAX THEREIN
WHEREAS, Section 53318 of the Mello-Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a community facilities district shall be instituted by a legislative body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included within the community facilities district and not proposed to be exempt from the special tax, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of services to be financed by the community facilities district is filed with the clerk of the legislative body; and
WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; and
WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has received from IV3 LOMA CREEK LOGISTICS CENTER LLC (the “Landowner”) a written petition (the “Petition”), requesting the City Council to institute proceedings pursuant to the Act to establish a community facilities district (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax within the Community Facilities District, describing the boundaries of the territory that is proposed for inclusion in the Community Facilities District and specifying the types of services to be financed by the Community Facilities District; and WHEREAS, in connection with such request to institute proceedings to establish the Community Facilities District, the Landowner paid a fee in an amount that the City Council has determined is sufficient to compensate the City Council for all cost incurred in conducting proceedings to create the Community Facilities District pursuant to the Act; and
WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax;
88 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The City Council hereby finds that the Petition is signed by the landowner owning the requisite area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the Special Tax.

SECTION 3. The City Council proposes to establish the Community Facilities District under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District (the “Boundary Map”) on file in the office of the City Clerk of the City (the “City Clerk”), a copy of which is attached hereto as Exhibit A, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper endorsements thereon in the office of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

SECTION 4. The name proposed for the Community Facilities District is “City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).” SECTION 5. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit B hereto. No facilities are proposed to be financed by the Community Facilities District.

SECTION 6. The City Council proposes that, except where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “Special Tax”) sufficient to pay for all Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District. The rate, method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit C, which is by this reference incorporated herein. The obligation to pay the Special Tax may not be prepaid and permanently satisfied. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the Community Facilities District is created. The Services may not supplant 89 services already available within that territory when the Community Facilities District is created.

SECTION 8. The City Council hereby fixes Tuesday, November 5, 2024, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District; provided, that, in the event the November 5, 2024 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

SECTION 9. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. Publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain all of the information prescribed by Section 53322 of the Act.

SECTION 10. The authorization to levy the Special Tax shall be submitted to the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be a vote by the landowners in the Community Facilities District conducted by mail or hand-delivered ballots, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

SECTION 11. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the Services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Services. Such officers are hereby also directed to estimate the fair and reasonable cost of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing.

SECTION 12. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 13. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 14. This Resolution shall take effect immediately upon its adoption. 90 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 17th day of September, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
91 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
92 EXHIBIT A

BOUNDARY MAP
93 EXHIBIT B

SERVICES AND INCIDENTAL EXPENSES
Services
The types of City services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services , maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the costs associated with the creation of the Community Facilities District, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District. 94 EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
95 City of Ontario Community Facilities
District No. 72 (Loma Creek
Logistics Center Services)
LEGEND
96 City of Ontario CFD No. 72 1 August 19, 2024

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 72
(LOMA CREEK LOGISTICS CENTER SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services) (“CFD No. 72”) and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below.

All of the real property in CFD No. 72, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

The terms as may hereinafter be set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 72: the costs of computing the Special Taxes and preparing the annual Special Tax co llection schedules (whether by the City or CFD No. 72 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with prepar ing Special Tax disclo sure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 72 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 72; and amounts estimated or advanced by the City or CFD No. 72 for any other administrative purposes of CFD No. 72, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification.

“CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
97 City of Ontario CFD No. 72 2 August 19, 2024

“CFD No. 72” means City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 72.

“County” means the County of San Bernardino.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Gated Community Attached Dwelling Unit” means a Unit within any residential building containing two or more dwelling units (i ncluding attached c ondominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets.

“Land Use Class” means any of the classes listed in Table 1 below.

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 72 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

“Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum Special Tax determined in accordance with Section C below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property.

“Multiple Family Dwelling Unit” means a Unit within any residential building containing two or more dwelling units, including at tached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.

“Non-Residential” means any buildings that are for commercial lodging use, commercial retail use, institutional use (e.g., churches, private schools), commercial restaurant use, office use, or industrial use.

“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2023, and before May 1 of the prior Fiscal Year, for a Non-Residential use.

“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 72 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

98 City of Ontario CFD No. 72 3 August 19, 2024
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 72 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local go vernment or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.

“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.

“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2023, and before May 1 of the prior Fiscal Year.

“Services” means the services authorized to be financed, in whole or in part, by CFD No. 72, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; maintenance and operation of fiber optic telecommunication, wireless communication, and public safety camera systems; and maintenance and operation of any real pr operty or other tangible property with an estimated useful life of five or more years that is owned by the City.

“Single Family Detached Dwelling Unit” means any residential building containing only one Unit on one legal lot, including single fa mily residences and single family detached residential condominium units.

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 72 to be levied within the boundaries of CFD No. 72.

“Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of the Services, Administrative Expenses, and an amount equal to Special Tax delinquencies based on the historical delinque ncy rate for Special Taxes, as determined by the CFD Administrator.

“Square Footage” or “Sq. Ft.” means, with respect to a building of Non-Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means se lected by CFD No. 72, for such building, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

99 City of Ontario CFD No. 72 4 August 19, 2024
“Taxable Property” means, for each Fiscal Year, a ll Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 72 which are not exempt from the Special Tax pursuant to law or Section E below.

“Unit” means an individual single -family detached or attached home, townhome, condominium, apartment unit, or other reside ntial dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 2025-26, all Taxable Property within CFD No. 72 shall be classified as Residential Prope rty (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Co mmunity Attached Dwelling Unit) or Non- Residential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

The Maximum Special Tax for each Assessor’s Parcel classified as Taxable Property shall be determined by reference to Table 1 below.

TABLE 1

MAXIMUM SPECIAL TAX

Land Use Class Maximum Special Tax
Fiscal Year 2025-26
Residential Property:

Single Family Detached Dwelling Unit $1,426.38 per Unit Multiple Family Dwelling Unit $1,236.46 per Unit
Gated Community Attached Dwelling Unit $1,036.38 per Unit Non-Residential Property $0.260110 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2026, the Maximum Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of Non- Residential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 100

City of Ontario CFD No. 72 5 August 19, 2024
D. METHOD OF APPORTIONM ENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 2025-26, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parc el, until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

E. EXEMPTIONS
Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no Special Tax shall be levied on Public Property or Property Owner Association Property.

No Special Tax shall be levied on Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Speci al Tax shall be levied on such property in accordance with this Rate and Method of A pportionment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS

Any property owner may file a written appeal of the Special Tax with CFD No. 72 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year af ter having paid the Special Ta x that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appe llant claims the Special Tax is in error.

The CFD Administrator shall review the app eal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council, whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requ ires the Special Tax to be modified or changed in favor of the prope rty owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any propert y owner shall be a condition precedent to filing any legal action by such owner.

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City of Ontario CFD No. 72 6 August 19, 2024
G. MANNER OF COLLECTION

The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City C ouncil shall determine, includi ng direct billing of affected property owners.

H. TERM OF SPECIAL TAX

The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 72.

102
Department: Fire Department
Prepared By: Kemi Makinde
Staff Member Presenting: Mike Gerken, Fire
Chief
Reviewed By: Sagar Patel, Janny Phan, Pam
Martinez
Approved By:

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

AUTHORIZE THE AGREEMENT FOR GROUND AMBULANCE SERVICES WITH

CONSOLIDATED FIRE AGENCIES (CONFIRE) AND CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
September 17, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Based on the unit hour utilization rate, Staﬀ project the appropriated budget to be oﬀset by anticipated revenue (net neutral) through this new service delivery model. Annual appropriations and associated revenues are included in the FY 2024-25 Adopted Budget in the General Fund for ambulance transport services.

BACKGROUND & ANALYSIS:

In 2022, the City of Ontario and the Emergency Medical Services Division of CONFIRE, a joint powers authority, signed a Letter of Intent to begin working together on developing and implementing a regionally shared EMS delivery system for San Bernardino County. This collaborative eﬀort aims to provide both Advanced Life Support (ALS) and Basic Life Support (BLS) ground ambulance services to the community.

CONFIRE, in partnership with Priority Ambulance, responded to Request for Proposal (RFP) Number ICEMA23-ICEMA-4811 for emergency ambulance and interfacility transport services. On December 5, 2023, the San Bernardino County Board of Supervisors awarded the RFP to CONFIRE EMS & Mobile Health.

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As a member of CONFIRE EMS & Mobile Health, the City of Ontario, through its Fire Department, will deploy two fully equipped and staﬀed Advanced Life Support and Basic Life Support Ground Ambulances, along with providing staﬃng, as needed, for one reserve CONFIRE ambulance to meet surge capacity.

As outlined in the Agreement, the term will commence on the eﬀective date and continue through September 30, 2029, with the possibility of extending the Agreement for an additional ﬁve years.

CONFIRE will compensate the City of Ontario with a unit hour rate of $167.72 for each primary ambulance and $152.80 for staﬃng the reserve ambulance. Payments will be made to the City of Ontario on a quarterly basis, based on invoices prepared from Computer Aided Dispatch (CAD) data that reflect the in-service hours for the Ontario Fire Department.

With the initial Letter of Intent setting the stage, the City now has the opportunity to ﬁnalize the detailed agreement terms. To align with the Ontario Fire Department’s commitment to enhance emergency medical services and ensure optimal service delivery, Staﬀ recommends that the City Council approve the Agreement between CONFIRE-EMS and the City of Ontario for the provision of ground ambulance transport services.
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AGREEMENT

BY AND BETWEEN

CONSOLIDATED FIRE AGENCIES
AND

CITY OF ONTARIO FIRE DEPARTMENT
This Agreement is made and entered into by and between the Consolidated Fire Agencies, a Joint Powers Authority, duly authorized and existing under Government Code, § 6500 et seq. (hereinafter referred to as “CONFIRE”) and the City of Ontario Fire Department (hereinafter referred to as “OFD”) (“Agreement” or “Contract”). CONFIRE and OFD may be referred to individually as Party, or collectively Parties.

RECITALS
WHEREAS, CONFIRE, on behalf of its Member and Contract Agencies, including OFD, submitted a Proposal in response to RFP # ICEMA23-ICEMA-4811, Advanced Life Support and Basic Life Support Ground Ambulance Services, Interfacility and Critical Care Transport Services for Exclusive Operating Areas in San Bernardino (“Proposal”); and,
WHEREAS, CONFIRE’s Proposal included a provision for certain Member and Contract Agencies to provide Advanced Life Support (“ALS”) and Basic Life Support (“BLS”) Ground Ambulance Services (collectively referred to as “Transport Services”); and, WHEREAS, OFD, a Contract Agency of CONFIRE, committed to provide the following Transport Services:
two (2) fully-equipped and staffed emergency ground ambulances, and one (1) fully-equipped reserve emergency ground ambulance; and,
WHEREAS, OFD’s commitment to provide Transport Services was included in CONFIRE’s Proposal; and, WHEREAS, CONFIRE was selected as the successful bidder for RFP# ICEMA23-ICEMA-4811 and entered into Contract Number 23-1282 with the San Bernardino County, a copy of which is attached hereto as Attachment 1, and incorporated herein by this reference; and, WHEREAS, it is the intent of the parties hereto that in accordance with Contract Number 23-1282, OFD will provide the services herein described, subject to the terms and conditions contained herein and within Contract Number 23-1282; and
WHEREAS, in the delivery of the requisite Transportation Services OFD may operate and/or utilize an emergency ground ambulance that is owned by Priority Ambulance California, LLC (hereafter “Priority” or “Priority Ambulance”) , CONFIRE’s partner for the delivery of services identified in Contract Number 23-1282 with San Bernardino County; and
WHEREAS, while not a signatory to this Agreement, Priority is a third-party beneficiary; and WHEREAS, OFD asserts they have contracted for and/or provided and administered since at least June 1, 1980, prehospital emergency medical services within OFD’s respective jurisdictions, and assert they have the right to continue to provide, contract and administer such services at not less than the existing level as may be authorized under California Health and Safety Code section 1797.201 and applicable law (“201 Rights”).

TERMS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
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1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated into this Agreement by this reference.

2. SCOPE OF WORK:

A. OFD shall provide Transport Services that include two (2) fully equipped and staffed emergency ground ambulances, and one (1) fully-equipped reserve emergency ground ambulance.
i. Such Transport Services shall be provided in accordance with the terms and conditions of Contract Number 23-1282. To the extent there is a conflict between Contract Number 23-1282 and this Agreement, Contract Number 23-1282 controls. ii. OFD represents and warrants to CONFIRE that it has the necessary infrastructure, resources, personnel, training, and licenses to provide the Transport Services under this Agreement in accordance with all terms of this Agreement.

B. For purposes of surge capacity, OFD may utilize and/or operate Priority Ambulance emergency ground ambulance.

C. Upon request and availability of personnel and resources, OFD may provide additional emergency ground ambulances in case of emergency or mutual aid requests.

D. Nothing contained within this Agreement, or the Scope of Work contemplated herein, impacts, effects or supersedes OFD’s existing 201 Rights.

3. PAYMENT:

CONFIRE shall compensate OFD for the Services provided as set forth below:

A. Unit Hour Cost at a rate of One Hundred Sixty-Seven Dollars and Seventy-Two Cents ($167.72) for the first year this contract is effective. The Unit Hour Cost is reflective of the cost of providing the Service.

B. Unit Hour Cost for OFD personnel labor without use of OFD ambulance and equipment will be reimbursed at a rate of One Hundred Fifty-Two Dollars and Eighty Cents ($152.80).

C. Payment shall be made to OFD on a quarterly basis based upon invoices that are prepared from CAD data, reflective of the in-service hours for OFD.

D. The CONFIRE Administrative Committee will review the reimbursement rates annually on or before March 1 of each year to determine an appropriate increase in the Unit Hour Cost consistent with increased costs on the participating Agencies. Any increase to the Unit Hour Cost will result in a modification to the Agreement consistent with Section 5.

E. Member and Contract Agencies would have first priority for payment based on what CONFIRE collects under Contract Number 23-1282.

4. TERM OF AGREEMENT:

A. Effective Date: This Agreement shall become effective on October 1, 2024, the date specified for services in Contract Number 23-1282.

B. Term: This Agreement shall remain in full force and effect from the Effective Date until September 30, 2029, unless terminated in accordance with the provisions herein. This Agreement may be extended by an additional five (5) year term upon the extension of 108

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Contract Number 23-1282. This Agreement should automatically terminate should Contract Number 23-1282 become of no further force or effect.

5. MODIFICATIONS TO AGREEMENT: A review of the Agreement terms may be initiated at any time by either Party upon written notice to the other. The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and any proposed modifications. This Agreement may be modified only in writing and with the approval of both OFD and CONFIRE through each entity’s governing body.

6. EMPLOYEE STATUS/WORKERS’ COMPENSATION: It is expressly understood that in the performance of the Services herein provided for, OFD employees shall at all times be subject only to the laws, regulations and rules governing their OFD employment, and no OFD employees shall be an agent or employee of CONFIRE. OFD has and shall retain the right to exercise full control and supervision of the Services and full control over the employment, direction, assignment, compensation, and discharge of all persons employed by OFD and assisting in the performance of Services hereunder. OFD shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, workers’ compensation, withholding, and all regulations governing such matters.

7. INDEMNIFICATION:

A. Each Party (an “Indemnifying Party”) agrees to indemnify, defend (with counsel reasonably approved by the other Party) and hold harmless the other Party and its officers, employees, directors, and authorized volunteers (“Indemnified Party”) from any and all claims, actions, losses, damages, and/or liability (“Claims”) incurred by Indemnified Party arising out of any third party claims regarding this Agreement; excluding, however, Claims arising from the Indemnified Party’s negligence or willful acts.

B. Notwithstanding, Paragraph 7.A. above, in the event that OFD utilizes and/or operates Priority Ambulance emergency ground ambulance, OFD agrees to indemnify, defend (with counsel reasonably approved by Priority) and hold harmless Priority and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of the services set forth in this Agreement by OFD, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of OFD and for any costs or expenses incurred by Priority on account of any claim except where such indemnification is prohibited by law.

This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. OFD’s indemnification obligation shall not apply to Priority’s negligence or “willful” misconduct within the meaning of Civil Code Section 2782.T

8. INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
OFD shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Transport Services, as defined.

A. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 109

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2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if OFD has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $3,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriate to the OFD’s profession, with limit no less than $3,000,000 per occurrence or claim, $3,000,000 aggregate. TInsurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Transportation Services contemplated by this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form, , the OFD must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Transportation Services contemplated by this Agreement. A copy of the claims reporting requirements must be submitted to the CONFIRE for review.

If the OFD maintains broader coverage and/or higher limits than the minimums shown above, then CONFIRE requires and shall be entitled to the broader coverage and/or higher limits maintained by the OFD. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CONFIRE.

B. Other Insurance Provisions
OFD’s insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The CONFIRE, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the OFD including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the OFD’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.

C. Primary Coverage
For any claims related to this contract, the OFD’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CONFIRE, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CONFIRE, its officers, officials, employees, or volunteers shall be excess of the OFD’s insurance and shall not contribute with it.

D. Notice of Cancellation
OFD shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, OFD shall forthwith obtain and submit proof of substitute insurance.

E. Waiver of Subrogation
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OFD hereby grants to CONFIRE a waiver of any right to subrogation which any insurer of said OFD may acquire against the CONFIRE by virtue of the payment of any loss under such insurance. OFD agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CONFIRE has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CONFIRE for all work performed by the Contractor, its employees, agents and subcontractors.

F. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the CONFIRE. The CONFIRE may require the OFD to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CONFIRE.

G. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CONFIRE.

H. Verification of Coverage
OFD shall furnish the CONFIRE with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CONFIRE before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the OFD’s obligation to provide them. The CONFIRE reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

I. Subcontractors
The Parties shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that OFD and CONFIRE is an additional insured on insurance required from subcontractors.

J. Special Risks or Circumstances
CONFIRE reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

9. OFD RECORDS:

OFD shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Agreement performance as set forth in Contract Number 23- 1282.

All records shall be complete and current and comply with all Agreement requirements. Such records include but are not limited to patient care reports. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Agreement.

All records relating to OFD’s personnel, consultants, subcontractors, Services/Scope of Work, and expenses pertaining to this Agreement shall be kept in a generally acceptable accounting format. 111

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Ontario City CouncilSeptember 17, 2024

Ontario City Council
September 17, 2024