(BB&K: January 2015)
PAUL S. LEON
MAYOR
ALAN D. WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
CITY OF ONTARIO
GOODS AND EQUIPMENT PURCHASE AGREEMENT
This Goods and Equipment Purchase Agreement (“Agreement”) is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”), and Fire Apparatus Solutions, a S-CORPORATION with its principal place of business at 1762 S.
Sycamore Ave, Rialto, CA 92376 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods.
Material samples will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City 348
(BB&K 2024) 2 Goods and Equipment Agreement
may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after rejection or acceptance thereof.
Section 4. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.
C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
349
(BB&K 2024) 3 Goods and Equipment Agreement
E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.
Section 5. PRICES.
Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods.
B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.
C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will 350
(BB&K 2024) 4 Goods and Equipment Agreement
be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense.
D. Payment of the final Progress Milestone payment or any retention will be made by City upon:
1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone;
2. Written acceptance of the Goods by City;
3. Delivery of all drawings and specifications, if required by City;
4. Delivery of executed full releases of any and all liens arising out of this Agreement; and
5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City.
E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.
F. Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.
Supplier shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Supplier in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Supplier is not entitled: (1) Supplier shall immediately notify the City and the financial institution; (2) Supplier shall not withdraw any of the funds which were erroneously deposited or to which Supplier is not entitled; and (3) Supplier authorizes both the City and 351
(BB&K 2024) 5 Goods and Equipment Agreement
financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Supplier is not entitled.
Section 8. SCHEDULE FOR DELIVERY.
A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $1,996,979 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s).
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.
All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.
352
(BB&K 2024) 6 Goods and Equipment Agreement
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk.
Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. 353
(BB&K 2024) 7 Goods and Equipment Agreement
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $2,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $2,000,000 per occurrence shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.
The policies required under this Section shall give City, its officials, officers, employees, agents or volunteers additional insured status on commercial general liability and automobile liability insurance with the endorsements. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, deductible, or self-insurance maintained by the City or any additional insureds shall not be called upon to contribute to any loss, and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. 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. Requirements of specific coverage or 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. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement.
C. Cancellation. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply 354
(BB&K 2024) 8 Goods and Equipment Agreement
with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds
D. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.
E. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
F. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
G. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all 355
(BB&K 2024) 9 Goods and Equipment Agreement
materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement 356
(BB&K 2024) 10 Goods and Equipment Agreement
workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement.
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:
CITY:
City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: [Manuel Rebolledo, Superintendent
SUPPLIER:
Fire Apparatus Solutions
1762 S. Sycamore Ave
Rialto, CA 92375
Attn: William Kalmikov
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
357
(BB&K 2024) 11 Goods and Equipment Agreement
F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
J. 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.
K. 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.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.
SIGNATURES ON FOLLOWING PAGE
358
(BB&K 2024) 12 Goods and Equipment Agreement
SIGNATURE PAGE TO GOODS AND EQUIPMENT PURCHASE AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND FIRE APPARATUS SOLUTIONS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.
CITY OF ONTARIO FIRE APPARATUS SOLUTIONS
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:
Assistant City Clerk
359
(BB&K 2024) Exhibit A - 1 Goods and Equipment Agreement Exhibit A
Goods Specifications
Please see attached.
360
*1762 S. Sycamore Ave., Rialto, CA 92376 • 14562 Manzanita Drive, Fontana, CA 92335* Rialto Office No.: (909) 879-7354 • Fontana Office No.: 800-328-1033 • Website: FASService.Org 1 February 14, 2025
City of Ontario Fire Department
425 East B Street
Ontario, CA 91764
Division Chief Scott Brown:
KME Fire Apparatus is pleased to provide you with this proposal for two (2) KME K180 Model 4119 Type 1 Pumper Apparatus. The price, terms and conditions for the proposed apparatus are as follows:
Option 1: 1 Unit: Option 2: 2 Units
KME Custom Type 1 Pumper: $886,751.00 $1,773.502.00
Shelving per specs below $21,300.00 $42,600.00
Opticom $4,000.00 $8,000.00
Hale Foam Refill System $6,100.00 $12,200.00
Subtotal $918,151.00 $1,836,302.00
California Sales Tax @ 8.75%: $80,338.21 $160,676.43
Total Price for Single unit: $998,4898.21 $1,996,978.43 This price is valid until close of business February 28, 2025 Terms: Net 30 days
Delivery: 300-330 days from ORDER
Liquidated Damages: Due to the supply chain disruptions, KME is not able to honor a penalty clause.
If you have any questions pertaining to this proposal, please contact me at 909-917-4339 or [email protected].
We appreciate the opportunity to offer this proposal to the City of Ontario Fire Department.
Respectfully,
Brandon Gomez
Brandon Gomez
361
*1762 S. Sycamore Ave., Rialto, CA 92376 • 14562 Manzanita Drive, Fontana, CA 92335* Rialto Office No.: (909) 879-7354 • Fontana Office No.: 800-328-1033 • Website: FASService.Org 2 The Following items will be provided once delivered to FAS:
L-1: 3 full depth adjustable pull out shelves, 2 half depth adjustable shelves L-2: 1 fixed vertical divider, 2 half depth adjustable shelves forward of the vertical divider L-3: 1 full depth adjustable shelf, 1 half depth adjustable shelf Rear: 1 full depth floor mounted pull out shelf, 1 full depth adjustable pull out shelf R-1: 1 full depth adjustable shelf, 3 half depth adjustable shelves R-2: 2 half depth adjustable shelves
R-3: 1 full depth floor mounted pull out shelf, 1 full depth adjustable pull out shelf, 2 half depth adjustable shelves
Both L-3 and R-3 will require partitions to keep it separated from the rear compartment as well. ½” Sign Gold stripe on cab paint break.
362
(BB&K 2024) Exhibit B - 1 Goods and Equipment Agreement Exhibit B
Delivery Schedule
Delivery: 300-330 days from ORDER
Liquidated Damages: Dut to supply chain disruptions, KME in not able to honor a penalty clause.
363
(BB&K 2024) Exhibit C - 1 Goods and Equipment Agreement Exhibit C
Fee Schedule
KME Fire Apparatus is pleased to provide you with this proposal for two (2) KME K180 Model 4119 Type 1 Pumper Apparatus. The price, terms and conditions for the proposed apparatus are as follows:
364
Department: Utilities
Prepared By: Joline Neal
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT: A MAINTENANCE SERVICES AGREEMENT WITH HYDROLOGICS, INC. FOR ON-CALL
ZERO DISCHARGE FLUSHING SERVICES
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or designee, to execute a one-year Maintenance Services Agreement with Hydrologics, Inc., of Bosque Farms, New Mexico, for On-Call Zero Discharge Flushing Services in the amount of $600,000 from March 18, 2025 to March 17, 2026, with the option to extend the Agreement for up to four successive oneyear periods for a total not-to-exceed amount of $3,000,000.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Fiscal Year 2024-2025 Adopted Budget includes appropriations from the Water Capital Fund for these services. The recommended Agreement is for $600,000 for the initial term. At the City’s discretion, up to four additional one-year extensions may be executed. Should the City exercise all four successive one-year extensions, the projected amount for the five years (March 18, 2025 to March 17, 2030) would be a total not-to-exceed of $3,000,000.
The City and Contractor have agreed to fixed billing rates and the contractor will be compensated for on-call, as needed services at the billing rates set forth in the proposed Agreement. Prices for the first year are fixed, and after the first year, any proposed increases in fees will be negotiated annually and will not exceed 5% per year. The total compensation paid under the proposed Agreement will be commensurate with the City Council approved plans and budgets. There is no impact to the General Fund.
BACKGROUND & ANALYSIS: The City owns and operates a potable water distribution system with over 700 miles of pipeline, which is continually expanding with the development of the Ontario Ranch. The system is primarily maintained by City Staff. The proposed Agreement will assist Staff in 365
performing flushing maintenance on an as-needed basis, using a specialized approach. This additional resource will enable the City to perform state-required system flushing and maintain high-quality drinking water while conserving water resources.
Hydrologics, Inc.’s patented Zero Discharge Flushing (ZDF) is a proprietary technology used to flush pipelines in water distribution systems without the water waste typical of traditional flushing and maintenance methods. The ZDF technology is the only approved zero discharge technology by the State Water Board’s Division of Drinking Water for best management practices in maintaining water quality. Hydrologics, Inc.’s ZDF technology has been utilized in the water industry for over 12 years by various water agencies.
Staff recommends Hydrologics, Inc.’s ZDF technology because it minimizes customer impacts, conserves drinking water supplies, reduces water pipe replacement costs, and supports the City’s water line maintenance and water conservation goals.
366
367
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor 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 maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from March 18, 2025 to March 17, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional oneyear terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Six hundred thousand dollars ($600,000.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.2.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.2.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
BB&K (2024)
46700.00920\43375636. l
-2- MAINTENANCE SERVICES AGREEMENT
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
Department: Utilities
Prepared By: Jonathan Yang
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT: A DESIGN SERVICES AGREEMENT WITH TRIAD CONSULTING AND SYSTEM DESIGN
GROUP LLC FOR SITE SECURITY IMPROVEMENTS
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or designee, to execute a Design Services Agreement with Triad Consulting & Systems Design Group LLC, of Corona, California for design and bid support services for Site Security Improvements for a total amount of $935,904, plus a 15% contingency of $140,386, for a total not-to-exceed amount of $1,076,290, and a term from March 18, 2025 to September 18, 2028.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Fiscal Year 2024-25 Adopted Budget includes appropriations from the Water Capital Fund for this project. This project is one of several projects identified in the recent Water Revenue Bond issuance approved by the City Council on July 16, 2024. Expenditures will be based on a negotiated billing rate sheet, and proposals will be requested per specific tasks between Triad Consulting & Systems Design Group LLC and the City. There is no impact to the General Fund.
BACKGROUND & ANALYSIS: The City’s water distribution system includes over 50 facilities, including reservoirs, wells, pump stations, and pressure reducing stations that provide and distribute the City’s potable water supply. In May 2020, a Risk & Resilience Assessment Report (RRA) was completed to develop a complete characterization of system assets, threats and risks. The RRA process resulted in various recommendations to improve resilience and safety to the City’s water infrastructure. The top threats to the City’s drinking water identified in the RRA included security vulnerabilities at local wells, imported water sources, fire hydrants, and water distribution facility sites.
Staff worked closely with the City's partnering agencies, including the Ontario Police Department 389
and Information Technology, to gather input and recommendations for security upgrades to infrastructure and sites. As a result, Staff developed a Preliminary Site Security comprehensive scope of work for solicitation of Site Security Improvements design.
The Preliminary Site Security Assessment (Assessment) was completed in September 2022, for 32 existing City water facilities. The intent of the assessment was to determine the necessary upgrades required at each facility to prevent and decrease vagrancy, theft, and property damage. Based on the results, it was recommended that 24 out of the 32 locations undergo security improvements.
The improvements include installation of wrought iron fencing, electric sliding gates, fiber optic communication conduit for future integration with the City’s Real Time Information Center (RTIC), perimeter and site lighting, intrusion alarms, and security cameras and monitoring equipment.
On September 5, 2024, Staff solicited a Request for Proposals (RFP) on PlanetBids for engineering design services based on the Assessment. In response, on October 9, 2024, the City received several proposals. Staff is recommending award and approval of the Design Services Agreement to Triad Consulting & System Design Group LLC, based upon their experience, qualifications, familiarity with similar type projects, and performance in site security assessments. 390
46700.00100\40935196.1
BB&K (2024) -1-
CITY OF ONTARIO
DESIGN SERVICES AGREEMENT
11. PARTIES AND DATE.
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764- 4196, County of San Bernardino, State of California (“City”), and Triad Consulting & System Design Group, a Limited Liability Company with its principal place of business at 2925 Mira Vita Way, Corona, CA 92881 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
12. RECITALS.
12.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
12.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional engineering design services required by the City on the terms and conditions set forth in this Agreement. Consultant warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Consultant is a corporation or other organization, the Project Consultant designated pursuant to PAUL S. LEON
MAYOR
ALAN D. WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
391
46700.00100\40935196.1
BB&K (2024) -2-
Section 3.2, and not the Consultant itself, shall be fully licensed to practice as an engineer in the State of California.
12.3 Project. City desires to engage Consultant to render such services for the UT 1073 Site Security Improvements ("Project") as set forth in this Agreement.
13. TERMS
13.1 Employment of Consultant.
13.1.1 Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld.
13.1.2 Term. The term of this Agreement shall be from March 18, 2025 to September 18, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
13.2 Project Consultant; Key Personnel.
13.2.1 Engineer of Record. Consultant shall name a specific individual to act as Project Consultant, subject to the approval of City. Consultant hereby designates Joe Rogowicz (License No. E11795) to act as the Engineer of Record for the Project. The Engineer of Record shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Engineer of Record shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Engineer of Record shall be of at least equal competence as the prior Engineer of Record. In the event that City and Consultant cannot agree as to the substitution of a new Engineer of Record, City shall be entitled to terminate this Agreement for cause.
13.2.2 Key Personnel. In addition to the Engineer of Record, Consultant has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Consultant may substitute others of at least equal competence upon written approval of the City. In the event that City and Consultant cannot agree as to the substitution of key personnel, engineers or consultants, City shall be entitled to terminate this Agreement for cause.
392
46700.00100\40935196.1
BB&K (2024) -3-
13.3 Hiring of Consultants and Personnel.
13.3.1 Right to Hire or Employ. Consultant shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Consultant may delegate without relieving Consultant from administrative or other responsibility under this Agreement.
Consultant shall be responsible for the coordination and cooperation of Consultant’s architects, engineers, experts or other consultants. All consultants, including changes in consultants, shall be subject to approval by City in its sole and reasonable discretion. Consultant shall notify City of the identity of all consultants at least fourteen (14) days prior to their commencement of work to allow City to review their qualifications and approve to their participation on the Project in its sole and reasonable discretion.
13.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Consultant in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.
13.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Consultant shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Consultant’s agreements with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.
13.3.4 Assignments or Staff Changes. Consultant shall promptly obtain written City approval of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project. As provided in the Agreement, any changes in Consultant’s consultants and key personnel shall be subject to approval by City.
13.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Consultant at Consultant’s sole expense.
13.4 Standard of Care.
13.4.1 Standard of Care. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Consultant shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or construction of the Project. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As 393
46700.00100\40935196.1
BB&K (2024) -4-
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein.
13.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
13.5 Laws and Regulations.
13.5.1 Knowledge and Compliance. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Consultant by law. Consultant shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. Consultant shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
13.5.2 Drawings and Specifications. Consultant shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations, including the Uniform Building Code, in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit “A” attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Consultant. Consultant shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibit “A” attached hereto. For the preparation of all such drawings and specifications, the Consultant shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Consultant and City.
13.5.3 Americans with Disabilities Act. Consultant will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the Americans with Disabilities Act (“ADA”). Consultant shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Consultant brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Consultant’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Consultant, and the Consultant shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Consultant request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the 394
46700.00100\40935196.1
BB&K (2024) -5-
Consultant shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.
13.5.4 Permits, Approvals and Authorizations. Consultant shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Consultant shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.
13.5.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); and any and all regulations, policies, or permits issued pursuant to any such authority.
Consultant shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law.
13.6 Independent Contractor.
13.6.1 Control and Payment of Subordinates. City retains Consultant on an independent contractor basis and Consultant is not an employee of City. Consultant is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City, and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
13.7 Schedule of Services.
13.7.1 Consultant Services. Consultant shall fully and adequately complete the Services described in this Agreement and in Exhibit “A” attached hereto and incorporated herein by reference.
13.7.2 Timely Performance Standard. Consultant shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.
Specifically, Consultant shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Consultant agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.
395
46700.00100\40935196.1
BB&K (2024) -6-
13.7.3 Performance Schedule. Consultant shall prepare an estimated time schedule for the performance of Consultant’s Services, to be adjusted as the Project proceeds.
Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Consultant cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Consultant without the prior written approval of City. If the Consultant’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Consultant will be responsible.
13.7.4 Excusable Delays. Any delays in Consultant’s work caused by the following may be added to the time for completion of any obligations of Consultant: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Consultant; and (5) any Force Majeure Event (as defined herein) or other unforeseen occurrence not due to any fault or negligence on the part of Consultant. Neither the City nor the Consultant shall be liable for damages, liquidated or otherwise, to the other on account of such delays.
13.7.5 Force Majeure Events. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement. Should a Force Majeure Event occur, the nonperforming Party shall, within fifteen (15) calendar days of the beginning of an Force Majeure Event, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
13.7.6 Request for Excusable Delay Credit. The Consultant shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the Parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The 396
46700.00100\40935196.1
BB&K (2024) -7-
sole remedy of Consultant for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the Parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Consultant make an application for an extension of time, Consultant shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.
13.8 Additional Services.
13.8.1 Request for Services. At City’s request, Consultant may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibit “A” attached hereto, and/or not customarily furnished in accordance with generally accepted architectural practice.
13.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary for the Consultant to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit “A” attached hereto. Consultant shall not perform, nor be compensated for, Additional Services without prior written authorization from City and without an agreement between the City and Consultant as to the compensation to be paid for such services. City shall pay Consultant for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Consultant pursuant to the indemnification provision of this Agreement.
13.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Consultant was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Contractor. Services caused by delinquency, default or insolvency of contractor, or by major defects in the work of the contractor, provided that any such services made necessary by the failure of Consultant to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Consultant. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Consultant is not a party. 397
46700.00100\40935196.1
BB&K (2024) -8-
(f) Damage Repair. Supervision of repair of damages to any structure. (g) Extra Environmental Services. Additional work required for environmental conditions (e.g. asbestos or site conditions) not already contemplated within the Consultant's services for the Project.
13.9 City Responsibilities. City’s responsibilities shall include the following:
13.9.1 Data and Information. City shall make available to Consultant all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria. As part of the budget limitation information, the City shall provide the Consultant with a preliminary construction budget (“City’s Preliminary Construction Budget”).
13.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Consultant, City shall furnish Consultant with, or direct Consultant to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.
13.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct the opening and review of bids for the Project.
13.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.
13.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.
13.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.
13.9.7 City’s Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. The City Manager hereby designates Dennis Mejia, PE, Utilities Engineering Division Manager, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
13.9.8 Review and Approved Documents. Review all documents submitted by Consultant, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Consultant of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.
398
46700.00100\40935196.1
BB&K (2024) -9-
13.10 Compensation.
13.10.1 Consultant’s Compensation for Basic Services. City shall pay to Consultant, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Nine Hundred Thirty-Five Thousand Nine Hundred Four Dollars ($935,904) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.
13.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Consultant perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. If City requires Consultant to hire consultants to perform any Additional Services, Consultant shall be compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the Parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Consultant shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.
13.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, which approval may be evidenced by inclusion in Exhibit “C” attached hereto. Such reimbursable expenses shall include only those expenses which are reasonably and necessarily incurred by Consultant in the interest of the Project.
Consultant shall be required to acquire prior written consent in order to obtain reimbursement for the following: (1) extraordinary transportation expenses incurred in connection with the Project; (2) out-of-town travel expenses incurred in connection with the Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4) bid document duplication costs in excess of $1,000; and (5) other costs, fees and expenses in excess of $1,000.
13.10.4 Payment to Consultant. Consultant’s compensation and reimbursable expenses shall be paid by City to Consultant no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibit “C” attached hereto and incorporated herein by reference. In order to receive payment, Consultant shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Consultant shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the 399
46700.00100\40935196.1
BB&K (2024) -10-
statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.
Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the Parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Consultant shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the Parties in a mutually agreeable manner.
Upon cancellation or termination of this Agreement, Consultant shall be compensated as set forth in the termination provision herein.
13.10.5 Withholding Payment to Consultant. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Consultant is liable under the Agreement or state law. Payments to the Consultant for compensation and reimbursable expenses due shall not be contingent on the construction, completion or ultimate success of the Project. Payment to the Consultant shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from Parties not within the Consultant’s reasonable control.
13.10.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and Since the total compensation is $1,000 or more, Consultant agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner 400
46700.00100\40935196.1
BB&K (2024) -11-
under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Consultant or its consultants to comply with the Prevailing Wage Laws.
(a) Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works project” of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.10.7 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing.
Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.
13.11 Notice to Proceed.
Consultant shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.
13.12 Termination, Suspension and Abandonment.
13.12.1 Grounds for Termination; Consultant’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Consultant shall be provided with at least seven (7) days advanced written 401
46700.00100\40935196.1
BB&K (2024) -12-
notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Consultant may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Consultant as provided in this Agreement.
13.12.2 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.
13.12.3 Documents and Other Data. Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Project Documents prepared by or on behalf of Consultant under this Agreement.
Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
13.12.4 Employment of other Consultants. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
13.13 Ownership and Use of Documents; Confidentiality.
13.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, architectural presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Consultant or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Consultant shall provide to City copies of all Project Documents required by City. In addition, Consultant shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
13.13.2 Right to Use. Consultant grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Consultant, for the following purposes:
402
46700.00100\40935196.1
BB&K (2024) -13-
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Consultant in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Consultant or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Consultant.
Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Consultant shall be at City’s own risk with respect to third parties. If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Consultant’s seal from the Project Documents and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.
13.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Consultant shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.
13.13.4 Right to License. Consultant represents and warrants that Consultant has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Consultant prepares or causes to be prepared pursuant to this Agreement. Consultant shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Consultant makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Consultant and provided to Consultant by City.
13.13.5 Confidentiality. All Project Documents, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant to the extent they are not subject to disclosure pursuant to the Public Records Act. All Project Documents shall not, without the written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.
403
46700.00100\40935196.1
BB&K (2024) -14-
13.14 Indemnification.
13.14.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
13.14.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13.15 Insurance.
Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
13.15.1 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, Consultant shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
13.15.2 Additional Insured. The City of Ontario, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
13.15.3 Commercial General Liability
(a) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 404
46700.00100\40935196.1
BB&K (2024) -15-
(b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(i) Bodily Injury and Property Damage
(ii) Personal Injury/Advertising Injury
(iii) Premises/Operations Liability
(iv) Products/Completed Operations Liability
(v) Aggregate Limits that Apply per Project
(vi) Explosion, Collapse and Underground (UCX) exclusion deleted
(vii) Contractual Liability with respect to this Contract (viii) Broad Form Property Damage
(ix) Independent Consultants Coverage
(c) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(d) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(e) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
13.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(b) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
405
46700.00100\40935196.1
BB&K (2024) -16-
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
13.15.5 Workers’ Compensation/Employer’s Liability
(a) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(b) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this Section.
13.15.6 Professional Liability (Errors and Omissions)
(a) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
13.15.7 Minimum Policy Limits Required
(a) The following insurance limits are required for the Agreement:
Coverage Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
406
46700.00100\40935196.1
BB&K (2024) -17-
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or 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. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
13.15.8 Evidence Required
(a) Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
13.15.9 Policy Provisions Required
(a) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 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.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right 407
46700.00100\40935196.1
BB&K (2024) -18-
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
13.15.10 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 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 admitted to transact in the 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.
13.15.11 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(c) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (d) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
13.15.12 Subconsultant Insurance Requirements
(a) Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 408
46700.00100\40935196.1
BB&K (2024) -19-
13.16 Records.
Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.
13.17 Standardized Manufactured Items.
Consultant shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.
13.18 Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City site, will be covered by, and be the subject of, a separate Agreement for engineering services between City and the Consultant chosen therefor by City.
13.19 Mediation.
Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the Parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the Parties.
13.20 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
13.21 Asbestos Certification.
Consultant shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Consultant prepares for the Project. Consultant shall require all consultants who prepare any other documents for the Project to submit the same written certification. Consultant shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Consultant shall include statements in its 409
46700.00100\40935196.1
BB&K (2024) -20-
specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.
13.22 No Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
13.23 Governing Law.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.
13.24 Exhibits and Recitals.
All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.
13.25 Severability.
Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
13.26 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
13.27 Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.
13.28 Harassment Policy.
Consultant shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Consultant shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Consultant's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.
13.29 Delivery of Notices.
All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective Parties may provide in writing for this purpose:
410
46700.00100\40935196.1
BB&K (2024) -21-
CITY:
City of Ontario
303 East “B” Street
Ontario, CA 91764
Attn: Dennis Mejia, P.E., Utilities Engineering
Division Manager, OMUC
CONSULTANT:
Triad Consulting & System Design Group, LLC
2925 Mira Vista Way,
Corona, CA 92881
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
13.30 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
13.31 City’s Right to Employ Other Consultants.
City reserves right to employ other consultants, including designers, in connection with this Project or other projects.
13.32 Prohibited Interests.
13.32.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
13.32.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
13.33 Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
411
46700.00100\40935196.1
BB&K (2024) -22-
13.34 Labor Certification.
By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
13.35 Subcontracting.
As specified in this Agreement, Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.
13.36 Supplemental Conditions.
Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.
13.37 Entire Agreement.
This Agreement, with its exhibits, contains the entire agreement of the Parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the Parties hereto. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all Parties hereto.
SIGNATURES ON FOLLOWING PAGE
412
46700.00100\40935196.1
BB&K (2024) -23-
SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND TRIAD CONSULTING & SYSTEMS DESIGN GROUP, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ONTARIO Triad Consulting & Systems Design Group, LLC
By:
Its:
Printed Name:
By:
Its:
Printed Name:
If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary OR
Treasurer REQUIRED
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
413
46700.00100\33865500.1
Ex. A - 1 (BB&K 2020)
EXHIBIT “A”
PROPOSED SCOPE OF SERVICES
414
EXHIBIT “A”
SCOPE OF SERVICES
PROJECT DESCRIPTION
Ontario Municipal Utilities Company (OMUC) Staff has recorded an increase of vagrancy, theft, and property damage at multiple well sites and treatment sites throughout the City.
OMUC is requesting a fee proposal from Consultants to provide professional design services for assessment of site security and design to improve safety and security at twenty-six City facilities.
The primary Scope of Work will consist of a site security assessment and design of, but not limited to, installing new wrought iron fences, electric sliding gates with remote control, communication conduit for future fiber optic network, site lighting, perimeter lighting, alarms, security cameras and monitoring equipment, coordination with Southern California Edison (SCE), and constructing of masonry reinforced block walls.
For the purpose of this RFP, the Consultant shall assume that the project will be designed in three construction package/phases, which may include 1. site access and hardening, 2. fixture upgrades and electrical upgrades, and 3. security camera and monitoring equipment upgrades. Final Phasing will be determined during the Preliminary Engineering and Design Phase.
Project locations may be found in Attachment “1”. An Initial Assessment Report describing the existing conditions of each City facility and proposed improvements may be found in Attachment “2”.
In addition to the Specific Scope of Services from the Consultant’s Proposal incorporated as part of the task the Consultant is also responsible for the following General Scope of Services:
1. GENERAL REQUIREMENTS
1.1 Basic Services: Consultant agrees to perform all the necessary professional, engineering (e.g., mechanical, electrical, plumbing, structural, civil, site engineering), and any other necessary engineering services mutually agreeable to the parties for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.
1.2 Exclusions from Basic Services: The following services shall be excluded from the basic services listed above: “N/A”, NOT APPLICABLE.
1.3 Additional Services: Consultant shall perform the following Additional Services for the Project: “N/A”, NOT APPLICABLE.
415
1.4 Communication with City: Consultant shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the planning and development of the Project. Consultant shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project.
1.4.1 Weekly Project Check-Ins: Consultant shall provide a minimum of one brief weekly project update via telephone call to the City’s Project Manager and follow-up the telephone call with a brief email. The Weekly Check-in shall include current project status; tasks or items completed since last project update; tasks and items expected to be completed in the coming week; any issues that may affect project status; and any action items for the Consultant and City.
1.4.2 Meeting Agendas and Minutes with Action Items: Agendas with attachments shall be sent at least one business day prior to the date of the meeting.
Meeting Minutes (draft and final) with Action Items shall be sent within three business days after: all meetings regarding the Project, including meetings with the City or any other parties; and after all Project communications regarding change in project status.
1.4.3 Monthly Billings: Monthly Billings shall be submitted in the City’s standard invoicing format. Invoices shall include, at a minimum, number of hours budgeted for each task or sub-task, number of hours spent during the month and cumulative for the project. In addition, the monthly invoices shall identify labor, indirect and other project related costs incurred during the month and brief description of the activities.
Consultant shall provide two (2) hard copies and one (1) electronic copy (smart pdf).
1.4.4 Monthly Billing Status Reports: A Monthly Billing Status Report shall be submitted with the Monthly Billing Invoice, which includes summary of work completed and review of work status relative to budget and schedule. Any divergences between work completed and budget expended, and schedule needs to be specifically explained and addressed to avoid future budget short-comings and delays in schedule.
1.4.5 Updated Project Schedule: The Project Schedule shall be updated monthly, or whenever there is an expected change to the deliverables schedules and shall address any deviation from the schedule, if any. Updated project schedules shall be sent with the appropriate weekly check-in.
1.4.6 Updated Project Budget: The Project Budget (including an itemized Costs Estimate) shall be updated whenever there are changes that are expected to significantly impact estimated Project Budget, and at a minimum, with the completion of each task.
1.4.7 Kickoff Meeting: Consultant shall organize, prepare, and attend the Project Kickoff Meeting. The kickoff meeting shall include an agenda and a review of 416
project scope, schedule, establish project communication procedures, define project deliverables, and meeting schedule.
1.4.8 Decision Log: Consultant shall maintain a decision log in order to record the decisions made by the project team. The decision log shall contain all decisions, including those made during the technical workshops, project meetings, telephone conversations and emails. Decision Log at the minimum shall include the following heading: item number, date, item action description, decision made, action taken, notes.
1.4.9 Format of Deliverables: Consultant shall submit all original documents in one or more of the followings formats as directed to by the City: MS Word, MS Excel, MS Project, MS Power Point, PDF, AutoCAD, ArcGIS.
1.4.10 Coordination with the City of Upland, the City of Rancho Cucamonga, and California Department of Transportation (Caltrans): Reservoir 1212-1A, 1B, WFA 1 (ID-23), 1212-3A (ID-22), 1348-1A, 1B, 1C (ID-24), Booster 1348-3 & 4 (ID22) are located within the City of Upland. Well 20 (ID-2) is located within the City of Rancho Cucamonga. Well 9, Booster 1348-1, Booster 1348-2 (ID-1) and Well 37,39, 37-IX, 39-IX, Reservoir 1010-2A,2B, CDA Milliken Booster (ID-11) will require coordination with Caltrans. As such, Consultant will establish a point of contact with the agency that will be able to provide any technical input and submit all necessary plans, and specifications to secure all approvals and permits that will be necessary in the project. Consultant, on the City’s behalf, shall procure all permits, licenses, and other authorizations necessary to accomplish work. The costs of such permits, approvals and other authorizations shall be paid by the City.
1.4.11 Quality Assurance/ Quality Control (QA/QC): Submittals for the Preliminary Design Report, 60%, 90% and Final Design will be reviewed by Consultant’s senior manager knowledgeable in similar projects and not directly involved with the day-to-day project activities prior to delivery. The Senior Manager, as part of their review, will review all elements of the proposed site security improvements, engineering calculations (e.g., geotechnical, structural, and physical loads/stresses), appropriateness and availability of selected materials, adherence to applicable industry and regulatory standards/codes, cost estimate, and schedule.
1.4.12 Project Management: This task addresses the management responsibilities associated with proper scheduling, budget control, invoice preparation, and coordination with the City’s Consultant’s project team. The City will be advised on the schedule impact of project technical decisions and the project design schedule will be consistently updated (on at least a monthly basis) to reflect current project status.
The following meetings will be held at the City’s office in Ontario with the appropriate members of the Consultant’s project team:
• Project Kick-off meeting
• Design review workshop, Preliminary Design Report
• Design review meeting (60% Design)
417
• Design review meeting (90% Design)
• Design review meeting (Final Design)
• Additional meetings (1)
2. PHASE 1 – PROJECT KICKOFF, SITE SECURITY ASSESSMENT, AND
PRELIMINARY DESIGN REPORT
Task 1.1 - Project Kick-off
• Consultant will begin this project with a kick-off meeting with City staff. This meeting is a key opportunity for City representatives and the consultant team to steer and further clarify critical elements of the project. The meeting agenda will focus on the project understanding, team member involvement, project constraints, project progress, and anticipated design development impediments. This meeting will also include a review of background information and project scope as well as an overview of the project schedule, objectives, milestones, and details. • Consultant will interview key personnel of the Engineering and Operations staff to incorporate design preferences and fully understand the issues influencing the project.
• Consultant will establish a single point of contact and commit that person for the duration of the Project to provide timely information relative to the Project issues. • Consultant will prepare project weekly status reports, meeting minutes and recognize critical issues early on to discuss and resolve them with City staff. • The project requires project management which includes project setup, scheduling, controlling, and correspondence. Correspondence includes telephone conversations, emails, project status reports, monthly status reports, project memorandums when necessary and detailed monthly invoices.
Task 1.2 – Site Reconnaissance and Detailed Utility Verification Consultant shall research obtain the City’s and other Utility Companies’ records for location of existing and future utilities which may conflict with each site’s development.
These records should include but are not limited to the following:
• Prepare and submit utility information requests to utility owners with facilities in the project vicinity. Consultant shall provide copies of requests sent to all affected parties.
• Prepare and submit utility verification requests to utility owners with facilities in the project vicinity. Consultant shall provide copies of requests sent to all affected parties. • Prepare and submit utility conflict notices to utility owners with facilities impacted by the proposed project.
• Prepare and submit utility relocation notices to utility owners, as required. • Obtain utility permits and clearances as required to construct the project. • Conduct utility coordination meetings, as required.
• Collected as-built information will be compiled, reviewed, and included into the topographic survey base map.
• Record drawings of existing and future facilities that may conflict with the proposed improvements.
418
• Before the topographic survey of the project is started, Consultant will contact USA and request that utilities be marked for each project site in order that the marking can be surveyed and placed into the base drawing.
• Legal description of surrounding properties.
• Proximity to a source of power.
The data collected by the consultant will be incorporated into the AutoCAD base drawing. Upon completion of compiling the topographic survey and utility agencyprovided drawings, project areas will be visited where utility as-built drawing information is insufficient.
Task 1.3 – Topographic Survey
In Consultant’s effort to provide an accurate and detailed design, Consultant will provide a topographic survey of each project location. The goal will be to have Underground Service Alert mark the utilities prior to the topographic survey, allowing for this data to be collected. The topographic survey will serve as the project base drawing. City provided Atlas Maps and record drawings will be used to supplement the base drawing.
Upon completion of the base drawing the map will be field verified (refer to Task 1.2).
The topographic survey will include the following information:
• Horizontal Control based on NAD 83.
• Vertical Control based on NAVD 88.
• Elevations will be based on City or County benchmark elevations. • Consultant shall provide an aerial survey correlated with the State Plane Coordinate System to obtain a one-foot contour interval topographic and orthographic images at least 100 feet beyond the Project limits including horizontal and vertical control and benchmark delineation consistent with established control and existing City facilities.
• Existing roadway features between the right-of-way, including street addresses for parcels on both sides of the streets, curb and gutter, edges of pavement, sidewalks/parkways, curb returns, curb ramps, driveways; alley intersections, bus pads, bike lanes, street striping, traffic loops.
• Below and above-ground structures including but not limited to poles, existing vaults, and boxes.
• Existing signs; power poles, guy wires.
• Existing surface improvements including fire hydrants located within or adjacent to the right-of-way; water system appurtenances; (water meters with size, water service lines), sanitary sewers and storm drain manholes with surface and invert elevation, clean outs, monitoring wells, catch basins and inlets, gas meters, electric meters, vaults.
• Locations of trees that are four inches in diameter or greater, within or adjacent to the street right-of-way.
• Locations of USA utility markings within the project limits.
Task 1.4: Geotechnical Investigation
419
The Consultant shall perform a detailed geotechnical investigation and prepare a report for sites requiring new segment walls. The report shall include but is not limited to: borings to determine subsurface conditions and site geology, soil bearing capacity, presence of rock and rock removal capability factors/analysis, anticipated excavation characteristics of materials along the alignment or at the proposed sites, groundwater conditions and dewatering, R-values, moisture content, density, gradation, consolidation, expansion, soil contamination issues, laboratory test results (max density, sieve analysis, Atterberg limit), soil corrosivity, soil chemistry test results (pH, resistivity, sulfate content), corrosion protection and control, pipeline bedding requirements, suitability of native material for backfill, and shoring recommendations.
For the purpose of this RFP, the investigation shall assume 25 borings. Additional borings, if necessary and agreed to by the City Project Manager shall be completed after a written contract change order is approved. Boreholes in paved roadways shall be repaired with permanent hot mix patch repair in accordance with Attachment “3”.
Consultant shall incorporate any and all geotechnical requirements into the planning and design phases of the Project in conformance with the industry standard of care.
Consultant shall summarize all findings, results, and recommendations into a draft geotechnical investigation report. Three (3) copies and one (1) electronic copy of the draft geotechnical report shall be submitted for review. OMUC comments shall be incorporated and three (3) copies and one (1) electronic copy of the final geotechnical report shall be submitted.
Task 1.5 – Site Security Assessment and Preliminary Design Report (30%) • Consultant shall furnish all labor, materials, equipment, insurance, training and certifications to complete the site security assessment. • Consultant shall review attached Initial Assessment Report. • Consultant shall perform all required safety and security assessments of, but not limited to, intrusion to property after hours, doors, locks, keys, fencing, gates, lighting, alarms, communication systems, and security cameras. • Consultant shall summarize the findings and provide a safety and security assessment report within the preliminary design report. • Consultant shall Identify the needed improvements, corrective issues, and provide recommendations.
• Consultant shall verify electrical capacity and needs at each site and coordinate with Southern California Edison (SCE) as needed.
• Operations shall be performed while in service without causing disruption to the treatment or distribution system.
• Findings are to be graded in accordance with applicable standards, latest editions, from the following agencies:
o Guidelines for Physical Security of Water Utilities – ANSI/ASCE/EWRI 56-10
• Identify required permits and clearances needed to construct the project. • Consultant shall prepare a preliminary plan and design report that summarizes the consultant’s evaluation of the project constraints, which include the following:
420
o Proposed site security improvements.
o Work plan that identifies and discusses the various project constraints and scope items that must be addressed and recommend a plan of action(s) that should be followed to deliver the project. o Opinion of probable costs.
o Provide phasing recommendations based on input received from City Staff, which may include 1. site access and hardening, 2. fixture upgrades and electrical upgrades, and 3. security camera and monitoring equipment upgrades. Suggested additional
recommendations include Critical site improvement priority list, project budget, etc.
• The Design Report will also memorialize the specified materials proposed for the project. A summary of the city-approved variances and deviations from standard plans will be included in the Design Report
Task 1.6 – Coordination with City of Ontario IT Department, City of Ontario Broadband Department, Bay Alarm Company
Consultant shall coordinate between each agency during the design of the security camera and monitoring equipment upgrades. Successful implementation of the project will be contingent on City of Ontario IT Department, City of Ontario Broadband Department, and Bay Alarm Company approval of design. As such, Consultant will establish a point of contact at each agency that will be able to provide any technical input and submit all necessary plans, and specifications to secure all approvals and permits that will be necessary. The proposed design shall be compatible and integrable with the existing security camera and monitoring equipment recommended by coordinated agencies. Consultant, on the City’s behalf, shall procure all permits, licenses, and other authorizations necessary to accomplish the work.
Task 1.7 – Project Workshop
Conduct preliminary design workshop including a detailed presentation of OMUC personnel at completion of draft preliminary design report to discuss the project, schedule, cost, constraints, and transition plan to final design.
Consultant shall summarize all findings, results, conclusion, and recommendations into a draft PDR. The Consultant shall submit five (5) copies of each Draft PDR including one (1) electronic copy (smart pdf) and original files for OMUC review. OMUC comments on the Draft PDR shall be incorporated into a Final PDR. The Consultant shall submit to the OMUC eight (8) copies each of the final PDR including an electronic copy (smart pdf) and original files.
Tasks identified in Phase 2 and 3 shall apply to up to three (3) construction phases approved per Task 1.5
3. PHASE 2 – ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT Task 2.1 – Preliminary Design (60%) Submittal
421
Upon completing record document research and field data collection the Consultant shall compile all gathered information and prepare preliminary design plans.
Preliminary design shall include recommended site security improvements required.
After the Preliminary Design is approved by the City, the Consultant shall proceed with the detailed design.
The design will include the necessary security and safety improvements. Task 2.1 will include additional data collection as necessary.
The plans will illustrate and specify all necessary information for the Contractor to bid and complete the work.
Along with the 60% construction plan submittal, the technical specifications will be submitted, including the City’s front-end contract documents which will be tailored for the project. The City will provide the front-end document boiler plate.
Consultant will provide the plans sheets at 1” = 40’ for horizontal and 1” = 4’ for vertical scale. The plan set will include title sheet, notes, and standard details.
Consultant will attend a meeting with City staff to review and discuss the 60% plancheck comments and other City staff feedback. Consultant shall maintain a log of 60% plan review comments and responses.
Task 2.2 – Detailed Design (90%) Submittal
With preliminary design (60%) review comments from the City and other entities, Consultant shall prepare detailed design PS & E for the proposed improvements.
Plans shall be prepared using computer aided design software (AutoCAD) and shall be printed on size 24x36 paper. The 90% plan submittal shall be stamped and signed by a California Registered Professional Engineer. The 90% special provisions and technical specifications (PS & E) shall be prepared and submitted. The City will review the submitted PS & E, provide comments, and request revisions until it is in compliance with City standards and policies.
The 90% design submittal will include all necessary information for the Contractor to bid and complete the work.
The plans will illustrate and specify the dimensions, type of material, sizes, construction sequencing, and the quality required for the project.
Along with the 90% construction plan submittal, the technical specifications will be submitted, including the City’s front-end contract documents which will be tailored for the project.
Consultant will provide the plans sheets at 1” = 40’ for horizontal and 1” = 4’ for vertical scale. The plan set will include title sheet, notes, and standard details.
Consultant will attend a meeting with City staff to review and discuss the 90% plancheck comments and other City staff feedback. Consultant shall maintain a log of 90% 422
plan review comments and responses. If warranted by the plan check comments, Consultant shall submit one more iteration of the 90% plans and specifications for review and approval.
Task 2.3 – Final Design Revisions
Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Design and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. Consultant shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Consultant, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications. However, the City reserves the right to conduct one or more constructability review processes with the Final Working Drawings and Specifications, and to hire an independent Consultant or other consultant to perform such reviews.
Any such independent constructability review shall be at City’s expense. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Consultant’s professional judgment. If such changes, additions, deletions, or corrections are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.
Task 2.4 – Final Working Drawings and Specifications (100% Submittal) Upon approval of the 90% design PS & E by the City, the Consultant shall prepare the final working documents for bid. A complete set of 100% stamped and signed plans and specifications shall be submitted to the City. Such Final Working Drawings and Specifications shall be developed from the Preliminary Design Phase and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following: (1) the Project construction work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; As indicated in (Section 3.9.2 of the Agreement), City may be requested to supply Consultant with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession. Consultant will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Consultant which may not be shown on the as-built drawings.
Task 2.5 – Permits
Consultant shall identify all required permits and provide a list of permitting agencies, contacts, and requirements needed to obtain such permits. Consultant should identify 423
the timelines associated with the permit review and approval and potential impacts on project schedule. Consultant shall incorporate comments from the Agencies, if required with the approval from the City, Consultant shall revise the Scope of Work as necessary.
Consultant will be responsible in securing easements, construction easements, encroachment permits, rights of way, dedications, infrastructures, road improvements, as well coordinating with utilities and adjacent property owners. The costs of such permits, approvals and other authorizations shall be paid by the City.
Task 2.6 Southern California Edison (SCE) Coordination and Approval Southern California Edison (SCE) is the electrical utility provider to the city of Ontario.
Consultant will coordinate with SCE for providing electrical service or additional capacity needs as required at each site. Consultant shall obtain approved SCE construction plans, which will be included as supplemental information to the contract documents.
The City will pay all associated SCE fees.
Task 2.7 – Opinion of Probable Construction Cost (30%, 60%, 90% and 100% Submittal)
During the preparation of the 30%, 60%, 90% and 100% submittal packages, Consultant will prepare an Opinion of Probable Construction Cost (OPCC) for each portion of the project. The OPCC will be tabularized in the same format as the construction document bid sheet.
4. PHASE 3 - BIDDING SUPPORT SERVICES
Task 3.1 – Contract Document Interpretation and Bidding Assistance During bidding, Consultant will provide interpretation and consultation regarding questions and/or requests for clarification to the plans and specifications. Consultant will assist and support the City taking the lead in preparing bid addenda as required to provide clarification to contract documents and responses to Requests for Information (RFI) and Requests for Clarifications (RFC). Consultant will help City staff with technical details required for the staff report to the City Council.
Task 3.2 – Submittal Review
Each submittal received from the Contractor will be reviewed for its completeness and conformance to the project specifications and City standards by the Consultant. The submittals will be distributed to the City for review and final comments before being returned to the Contractor for action.
Task 3.3 – Pre-Bid Meeting
Once City schedules the Pre-Bid Meeting, the Consultant shall attend the meeting, prepare meeting agenda, facilitate meeting, formally respond to all Requests for Information, and prepare meetings minutes.
Task 3.4 – Analyze Bids
424
After Project bid openings, Consultant shall assist City Staff in analyzing bids, verifying contractor’s license, conduct background check of the lowest, responsive bidder, and make a recommendation for award of the construction contract.
Task 3.5 – Conformed Plans and Specifications
The Consultant shall prepare conformed plans and specifications for use in constructing the project. Conformed plans and specifications shall reflect changes made during bidding and will be noted as a revision to final design plans.
Task 3.6 - Additional Services
Consultant is encouraged in its proposals to identify any additional work that is not specified in this Scope of Work that would be, in its opinion, necessary to complete the project as defined herein. Consultant may propose additional services that in its opinion will improve the efficiency and quality of the project. If identified, the additional work or services must be included in the proposal but separated out in the Consultant’s Fee Schedule as Optional Tasks. The City will have final discretion on acceptance and approval of these Optional Tasks.
425
Attachment “1”
Project Locations
426
!
!
!
!
!
!
!
! !
!
! !
!
! !
!
!
!
!
!
!
!
!! E FOURTH
E D
E G
S
G
R
O
VE
S EU
CL DI
E MISSION
E CHINO
E RIVERSIDE
W D
W G
S
A
R
C
HIB
ALD
E MERRILL
S
H
AVEN
S
C
A
MPU
S
E AIRPORT
E EDISON
S
S
ULTA
N
A
N
H
AVEN
N
G
R
O
VE
E SCHAEFER
S
MILLIKEN
S
T
U
R
NER
S
H
A
M
NER
S
VINEYA
R
D
S
M
O
U
N
TA
NI
E EUCALYPTUS
S
BEN
S
O
N
N EU
CL DI
S ET
WI A
N
D
A
W FOURTH
W MISSION
N
BEN
S
O
N
N
C
A
MPU
S
W FRANCIS
W PHILLIPS
E HOLT
N
S
ULTA
N
A
S
S
A
N
A
N
T
O
N
OI
E EIGHTH
N
M
O
U
N
TA
NI
E PHILADELPHIA
E INLAND EMPIRE
N
S
A
N
A
N
T
O
N
OI
W PHILADELPHIA
E JURUPA
S
VIN
TA
GE
N
M LI L KI EN
N ETIWA
N
D
A
S
WINEVILLE
N
A
R
C
H
BI ALD
E SANTA ANA
E PHILLIPS
S
S
U
M
NER
S
CLEVELAND
N
V
NI EYA
R
D
N
V
NI EYA
R
D
E PHILADELPHIA
E EDISON
E PHILADELPHIA
E EUCALYPTUS
E EDISON
E HOLT
S
MILLIKEN
E JURUPA
®
OMUC CONTRACT NO. UT1073
CITY OF ONTARIO
SITE SECURITY IMPROVEMENTS
Document Path: S:\O
MUC\40000 ENGINEERING\42000 CIP\Active Projects\UT1073 Site Security Improvements\Agenda Map\Agenda Map UT1073 Site Security Improvements V2.mxd ATTACHMENT"1" 427
Attachment “2”
Initial Assessment Report of Existing Conditions
and Preliminary Recommendations
428
1 Site Security Improvements at City Facilities
Project Site Locations:
ID# Site Location Address (Latitude and Longitude)
ID-1 Well 9, Booster 1348-1, 1348-2 300 E Alvarado St, Ontario, CA 91764 ID-2 Well 20 9600 Milliken Ave, Rancho Cucamonga, CA 91730 ID-3 Well 24
700 N Haven Ave, Ontario, CA 91764 (34.069379, -
117.575077)
ID-4 Well 25 2982 Inland Empire Blvd, Ontario, CA 91764 ID-5 Well 27
4300 E Jurupa St, Ontario, CA 91761 (34.047955, -
117.556795)
ID-6 Well 29
2505 E Guasti Rd, Ontario, CA 91761 (34.064988, -
117.600892)
ID-7 Well 30
220 S Wineville Ave, Ontario, CA 91761(34.060490, -
117.541260)
ID-8 Well 31
5719 E Santa Ana St, Ontario, CA 91761 (34.055544, -
117.527381)
ID-9 Well 35, Reservoir 1010-1A 652 E Main St, Ontario, CA 91761 ID-10 Well 36 1400 S Archibald Ave, Ontario, CA 91761
ID-11
Well 37, 39, 37-IX,39-IX , Reservoir
1010-2A, 2B, CDA Milliken Booster
4327 E Guasti Rd, Ontario, CA 91761 (34.065831, -
117.557447)
ID-12 Well 38 915 N Center Ave, Ontario, CA 91764
ID-13 Well 40 1335 E Holt Blvd, Ontario, CA 91761
ID-14 Well 41 1278 N Hellman Ave, Ontario, CA 91764
ID-15 Well 41-IX 2252 E 4th St, Ontario, CA 91764
ID-16
Well 44, 44-IX, Galvin Booster 1074-
1, 2, 3, 4 994 N Cucamonga Ave, Ontario, CA 91764
ID-17 Well 45 665 East E Street, Ontario, CA 91764
ID-18 Well 46 1670 E 8th St, Ontario, CA 91764
ID-19 Well 47
4255 Concours St, Ontario, CA 91764 (34.074938, -
117.560358)
ID-20
Well 49, Reservoir 925-1A, CDA
Booster 1, 2, 3 1340 S Dupont Ave, Ontario, CA 91761
ID-21 Well 52 1270 E 4th St, Ontario, CA 91764
ID-22
Reservoir 1212-3A, Booster 1348-3,
4 50 N Campus Ave, Upland, CA 91786
ID-23 Reservoir 1212-1A, 1212-1B, WFA 1 100 S Fern Ave, Upland, CA 91786 ID-24 Reservoir 1348-1A, 1B, 1C 596 E 13th St, Upland, CA 91786 429
2 Well 9, Booster 1348-1, Booster 1348-2 (ID-1)
Address: 300 E Alvarado St, Ontario, CA 91764
Recommended Improvements:
1. Construction of 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet. a. Construction of 8 feet masonry block wall along Figure 2 and 5 to block loud noises from the freeway. Future coordination with Caltrans will be required.
2. The entrance gate in figure 4 should be replaced with a taller rolling gate.
3. Improvements to the lighting and addition of security cameras to the facility with consciousness that there is a residential community south of the site. 430
3 431
4 Well 20 (ID-2)
Address: 9600 Milliken Avenue, Rancho Cucamonga, CA 91730 Recommended Improvements:
1. Improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet.
2. Improvements to the lighting and the addition of security cameras to the facility.
3. Install a 30’ tower to communicate with the city’s existing SCADA. 432
5 Well 24 (ID-3)
Address: 700 N Haven Avenue, Ontario, CA 91764 (34.069379, -117.575077) Well 24 is located behind Ontario Airport Hotel. The existing CL2 room is planned to be demolished and rebuilt.
Recommended Improvements:
1. Improvements to the lighting and the addition of security cameras to the facility. a. The city will be installing an AMI at this location.
2. Improvements to the entrance gate shall include an automated iron rolling gate.
3. Construction of 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet. A portion of the wall on the northwest corner will be removed and replaced when the new Chlorine room is constructed.
433
6 434
7 Well 25 (ID-4)
Address: 2982 Inland Empire Blvd, Ontario, CA 91764
Well 25 is currently deactivated. The city leases part of the location to cell companies and has cell towers within the property grounds.
Recommended Improvements:
1. Construction of 8 feet wrought iron fence or 8 feet masonry block wall.
2. Improvements to the lighting and the addition of security cameras to the facility.
3. Improvements to the entrance gate shall include an automated iron rolling gate with keypads inside and outside of the facility.
435
8 Well 27 (ID-5)
Address: 4300 E Jurupa St, Ontario, CA 91761 (34.047955, -117.556795) Recommended Improvements:
1. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet.
436
9 Well 29 (ID-6)
Address: 2505 E Guasti Rd, Ontario, CA 91761 (34.064988, -117.600892) 437
10 Recommended Improvements:
1. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet.
2. Improvements to the entrance gate shall include an automated iron rolling gate. a. Figure 1 displays the damaged front gate that will need to be replaced.
3. Improvements to the lighting and the addition of security cameras to the facility. 438
11 Well 30 (ID-7)
Address: 220 S Wineville Ave, Ontario, CA 91761 (34.060490, -117.541260) 439
12 Recommended Improvements:
1. Core drill and post cement the existing falling wrought iron fence into the wall.
2. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet. a. Figures 3 and 4 are potential areas to remove and replace the existing fencing with a more secure wall. Improvements to the walls should make it conscious that there is a high-pressure gas line in the back half of the site.
3. Improvements to the lighting and the addition of security cameras to the facility.
4. Improvement to the existing entrance gate in Figure 2 by extending the gate farther out towards the property line and installing an electric gate opener. 440
13 Well 31 (ID-8)
Address: 5719 E Santa Ana St, Ontario, CA 91761 (34.055544, -117.527381) Recommended Improvements:
1. Improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet.
2. Improvements to the lighting and the addition of security cameras to the facility.
3. Replacement of the entrance gate and automatic gate opener. 441
14 Well 35, Reservoir 1010-1A (ID-9)
Address: 652 E Main St, Ontario, CA 91761
Recommended Improvements:
1. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility. Improvement to the wall height could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet.
2. Improvements to the lighting and the addition of security cameras to the facility.
3. Improvements to the entrance gate to allow the safety loops to be operational. 442
15 443
16 Well 36 (ID-10)
Address: 1400 S Archibald Ave, Ontario, CA 91761
444
17 Recommended Improvements:
1. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility.
a. Improvement to the wall height of the south and west side in Figure 2 could be done by constructing an overhanging wrought iron fence on top of the wall to a height of 8 feet. i. A new chlorine room will be constructed on site and the new wall will be required to match the new building.
b. Improvements to the lighting and the addition of security cameras to the facility. c. A walk-through gate should be installed in the southeast corner beside the rolling gate.
445
18 Well 37, 39, 37-IX,39-IX, Reservoir 1010-2A, 2B, CDA Milliken Booster (ID-11) Address: 4327 E Guasti Rd, Ontario, CA 91761 (34.065831, -117.557447) Recommended Improvements:
1. Construct 8 feet wrought iron fence, 8 feet masonry block wall, or improve the height of the wall around the facility.
a. Caltrans coordination will be required to approve the walls along the north side of the facility next to the 10 freeway and west side along Milliken Avenue. b. Install k-rails on the west side of the facility along Milliken Avenue. c. Improvements to the lighting and the addition of security cameras to the facility. i. It is recommended that the site have perimeter lighting and security cameras to be added in key areas of the site.
446
19 447
20 Well 38 (ID-12)
Address: 915 N Center Ave, Ontario, CA 91764
Recommended Improvements:
1. Improvements to the lighting of the facility and the addition of security cameras inside the building.
Well 40 (ID-13)
Address: 1335 E Holt Blvd, Ontario, CA 91761
448
21 Recommended Improvements:
1. Construction of 8 feet wrought iron fence.
a. Figures 1 and 2 display areas where the chain linked fence has been damaged.
2. Improvements to the lighting and the addition of security cameras to the facility.
Well 41 (ID-14)
Address: 1278 N Hellman Ave, Ontario, CA 91764
449
22 Recommended Improvements:
1. Construct 8 feet wrought iron fence around the facility.
2. Improvements to the lighting and the addition of security cameras to the facility.
Well 41-IX (ID-15)
Address: 2252 E 4th St, Ontario, CA 91764
450
23 Recommended Improvements:
1. Improvements to the lighting and the addition of security cameras to the facility.
Well 44, Well 44-IX, Galvin Booster 1,2,3,4 (ID-16)
Address: 994 N Cucamonga Ave, Ontario, CA 91764
Recommended Improvements:
1. Extend the block wall towards the street and relocate the automatic gate towards the extended wall.
451
24 Well 45 (ID-17)
Address: 665 East E Street, Ontario, CA 91764
Recommended Improvements:
1. Improvements to the lighting and the addition of security cameras to the facility will help reduce potential intrusions.
452
25 Well 46 (ID-18)
Address: 1670 E 8th St, Ontario, CA 91764
Recommended Improvements:
1. Improvements to the lighting and the addition of security cameras to the facility will help reduce potential intrusions.
a. Additional security cameras should be monitoring the diesel fuel tank at the facility. 453
26 Well 47 (ID-19)
Address: 4255 Concours St, Ontario, CA 91764 (34.074938, -117.560358) Recommended Improvements:
1. Improvements to the wall height to 8 feet surrounding the facility would help prevent intrusions into the facility.
2. Improvements to the lighting and the addition of security cameras to the facility will help reduce potential intrusions.
454
27 455
28 Well 49, Reservoir 925-1A, CDA Booster 1, 2, 3 (ID-20) Address: 1340 S Dupont Ave, Ontario, CA 91761
Recommended Improvements:
1. Construct 8 feet wrought iron fence or 8 feet masonry block wall. This will replace the chain link fence and ineffective fence design.
2. Improvements to the lighting and the addition of security cameras to the facility will help reduce potential intrusions.
456
29 Well 52 (ID-21)
Address: 1270 E 4th St, Ontario, CA 91764
457
30 Recommended Improvements:
1. Currently Well 52 does not have any fenced structure around the facility. Construction of 8 feet wrought iron fence would limit the exposure of the facility to intrusions.
2. Improvements by the addition of security cameras inside the facility will help increase security provisions.
Reservoir 1212-3A, Booster 1348-3, 4 (ID-22)
Address: 50 N Campus Ave, Upland, CA 91786
Recommended Improvements:
1. Construction of 8 feet wrought iron fence and entrance gate to replace the existing damaged chain linked fence and aged entrance gate. The improved fencing will prevent intrusions.
2. Improvements by addition of perimeter lighting and security cameras to the facility will help reduce potential intrusions.
458
31 459
32 Reservoir 1212-1A, 1212-1B, WFA 1 (ID-23)
Address: 100 S Fern Ave, Upland, CA 91786
Recommended Improvements:
1. Construction of 8 feet wrought iron fence or an 8 feet masonry block wall will help prevent intruders from trespassing.
460
33 2. Improvements to the lighting and the addition of security cameras to the facility will help reduce potential intrusions.
461
34 Reservoir 1348-1A, 1B, 1C (ID-24)
Address: 596 E 13th St, Upland, CA 91786
Recommended Improvements:
1. Intrusion switches on the reservoir cages would help provide notifications to vandalism of city property.
2. Installation of a tower or pole to connect with the city’s SCADA system would help notify the city of vandalism to city property.
462
Attachment “3”
Coring or Bore Hole Replacement Detail
463
464
46700.00100\40935196.1
BB&K (2024)
EXHIBIT “B”
FEE AND PHASING/FUNDING SCHEDULES
465
TRIAD CONSULTING
ENGINEERING FEE ESTIMATE
CITY OF ONTARIO
UT 1073 SITE SECURITY IMPROVEMENTS
DETAILED ENGINEERING FEE ESTIMATE
BASIC ENGINEERING SERVICES
PROJECT SUMMARY
PRINCIPAL SR. SECURITY SR. ELECTRICAL SR. SYSTEMS SECURITY SENIOR PROJECT SUB ENGINEERING CONSULT. ENGINEER ENGINEER TECHNOLOGIST DESIGNER COORDINATORCONTRACTOR PHASE PHASE Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate HOURS COST PHASE DESCRIPTION $225 $195 $180 $180 $150 $140 $125 $200 PHASE 1 212 120 70 231 105 0 410 1357 2505 463760
PHASE 2 241 0 217 310 56 648 419 0 1891 300544
PHASE 3 84 0 67 93 60 50 84 0 438 74200
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0
TOTAL HOURS 537 120 354 634 221 698 913 1357 4834
TOTAL COST $120,825 $23,400 $63,756 $114,048 $33,150 $97,720 $114,125 $271,480 $838,504 $838,504 $83,850
$13,550
Total $935,904
STAFF ASSIGNMENTS
Estimated Reimbursable Expenses
Additional services, as needed, authorized by the City
46700.00100\40935196.1
BB&K (2024)
EXHIBIT “C”
COMPENSATION RATES AND REIMBURSABLE EXPENSES
467
22 TRIAD CONSULTING & SYSTEM DESIGN GROUP
TECHNICAL PROPOSAL
OCTOBER 9, 2024
CITY OF ONTARIO
REQUEST FOR PROPOSAL – UT 1073
SITE SECURITY IMPROVEMENTS
8. FEE PROPOSAL
Fee Proposal Narrative: Triad Consulting is pleased to submit the following Fee Proposal to the City of Ontario for RFP – UT 1073 Site Security Improvements.
Anticipated Effort: Triad Consulting estimates this project to require approximately 4,800 hours of professional and consultative service. We welcome the opportunity to engage in detailed discussions in regard to the scope of work and anticipated tasks to provide the City with the exact services to meet the project requirements in the most costbeneficial manner.
Fee: Based on the overall project requirements described in Exhibit “A” Scope of Services and in Section 7. Proposed Methods to Accomplish Work of this proposal, Triad Consulting proposes a time & material, not-to-exceed (T&MNTE) of $935,904.00 that includes estimated reimbursable expenses and $83,850.00 additional services, as needed, authorized by the City.
A Fee Sheet listing costs by phase and labor category is included on the following page of this proposal. Note on the Fee Sheet subcontractor fees totaled $271,480.00. They are $148,080.00 for Topographic Surveys by CAL VADA Surveying, Inc. and $123,400.00 for Geotech Investigations by NOVA Services, Inc.
Estimated Reimbursable Expenses: Triad Consulting will invoice for approved reimbursable expenses at cost.
Foreseeable reimbursable expenses for this project include; local mileage (current GSA rates) and deliverable reproduction costs. Actual reimbursable expenses may be lower or higher than estimated.
Progress Invoices and Additional Services (Time and Material): Triad Consulting will bill progress monthly for basic and approved additional services according to the following hourly rates.
PROFESSIONAL FEES PER HOUR
Principal/Project Manager $225
Senior Security Consultant $195
Electrical Engineer $180
Senior System Engineer $180
System Technologist $150
System Designer $140
Project Coordinator $125
Triad Consulting does not bill for miscellaneous project administration. Triad Consulting’s payment terms at Net 30 days.
468
Department: Utilities
Prepared By: Joline Neal
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT: AN ORDINANCE AMENDING CHAPTERS 8B AND 8C OF TITLE 6 OF THE ONTARIO
MUNICIPAL CODE RELATED TO WATER SERVICES AND RECYCLED WATER, AND ESTABLISHING CHAPTERS 8D AND 8E TO TITLE 6 OF THE ONTARIO MUNICIPAL
CODE RELATED TO POTABLE WATER FACILITIES AND CROSS-CONNECTION
CONTROL
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance amending Chapters 8B and 8C of Title 6 of the Ontario Municipal Code related to water services and recycled water, and establishing Chapters 8D and 8E to Title 6 of the Ontario Municipal Code related to potable water facilities and cross-connection control.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: There is not a direct fiscal impact associated with the adoption of this Ordinance.
No changes to the schedule of fees and charges are being recommended.
BACKGROUND & ANALYSIS: On March 4, 2025, the City Council introduced and waived further reading of an Ordinance approving Municipal Code amendments to Chapters 8B and 8C of Title 6 of the Ontario Municipal Code related to water services and recycled water, and establishing Chapters 8D and 8E to Title 6 of the Ontario Municipal Code related to potable water facilities and crossconnection control.
On December 19, 2023, the State Water Resources Control Board adopted its Cross-Connection Control Policy Handbook (“CCCPH”), required by Assembly Bills 1671 and 1180. This new regulation repeals previous Title 17 regulations on cross-connection control and backflow prevention. The CCCPH requires drinking water systems to review their cross-connection control programs and implement an enforceable plan to protect drinking water from contaminants or pollutants from related water user activities. Water systems must submit a Cross-Connection Control Plan to the Division of Drinking Water by July 1, 2025, detailing control measures the water system will use to 469
protect drinking water.
For clarity and transparency, a general reorganization and separation of salient existing and new items is proposed for approval. Chapter 8B of the Municipal Code generally includes account services, criteria for water service design, construction, operations, and management of potable water facilities. Chapter 8C establishes procedures, specifications, and limitations for expansion and continued development, operation of recycled water facilities and systems, and rules and regulations controlling the use of recycled water. The City owns and operates a potable water distribution system with over 40,000 service connections and responsibly delivers high-quality drinking water to over 185,000 Ontario residents. In tandem, the City owns and operates a recycled water distribution system containing over 50 miles of pipelines with over 550 service connections, which supports the City’s water conservation efforts by offsetting potable water use. Recycled water is not approved for drinking water consumption and is primarily used for agricultural purposes, landscape irrigation, and commercial and industrial activities.
Staff and Legal reviewed Chapter 8B & 8C to determine if the current language meets the new state requirements and further reviewed language related to the design and construction of potable water facilities.
Staff and Legal have identified the following deficiencies in Chapter 8B & 8C in complying with the new State requirements:
The current language does not fully align with the new CCCPH requirements.
Additional enforceable control measures are needed to protect the City's drinking water system from potential cross-contamination, supported by administrative remedies.
Roles, responsibilities, and control measures for engineering design, construction, inspection, monitoring, operation, and maintenance need to be more clearly defined.
There is outdated terminology and City processes related to new service connections and the design and construction of potable water facilities.
To align with new requirements, Staff and Legal are proposing the addition of two new chapters to Title 6 of the Municipal Code:
Chapter 8D: Potable Water Facilities, defines the roles and responsibilities of applicants, developers, contractors, the City, and customers and provides standards and procedures for the design, construction, monitoring, inspection, and management of potable water facilities.
Chapter 8E: Cross-Connection Control, provides greater protection of the City’s drinking water system from contamination by water users. When recycled water systems are present alongside drinking water systems, the City must implement safeguards to prevent crosscontamination.
The changes will enhance legal compliance, incorporate new standards, and ensure uniform application across the City, while improving transparency and accessibility within the Municipal Code.
Proposed changes to Chapters 8B and 8C include:
470
Revision for clarification, consistency, and content organization purposes.
Definition of the customer responsibility for water use and determination of service charges.
Removal of language related to engineering design, construction, operations, and management of water service facilities to incorporate into the new Chapter 8D.
Removal of language related to water quality control and incorporate it into the new Chapter 8E.
Removal of Title 17 (repealed State regulations) language and incorporating new references to Chapter 8E and new State regulations (CCCPH).
Proposed enactment of Chapters 8D and 8E includes:
Chapter 8D: Potable Water Facilities:
Incorporation and update of language from Chapter 8B on the City’s current design and construction specifications and standards for potable water facilities to protect water quality.
Defining current City processes, roles, and responsibilities for the City, applicant, developer, contractor, and customer.
Chapter 8E: Cross-Connection Control:
Establishes a Cross-Connection Control Program, the need for the designation of a coordinator, and the City’s requirement to safeguard drinking water supplies from contaminants or pollutants from related water user activities.
Defines protection types, locations, and control measures for safeguarding drinking water.
Establishes the City’s right to inspect water user premises, evaluate hazards and contaminants used onsite, and require customers to correct deficiencies with protection needed to prevent contamination.
Establishes notification and reporting procedures to test and install devices that protect the City’s drinking water system.
Establishes enforceable remedies for water users that violate the CCCPH and contaminate the City’s drinking water system.
Staff recommends adoption of the proposed changes to Chapters 8B and 8C and enactment of Chapters 8D and 8E to the City’s Municipal Code.
ENVIRONMENTAL REVIEW: The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). 471
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, AMENDING, REORGANIZING, AND RECODIFYING
CHAPTER 8B OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE
PERTAINING TO WATER SERVICES, AMENDING AND RECODIFYING
CHAPTER 8C OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE
PERTAINING TO RECYCLED WATER USE, ENACTING CHAPTER 8D
OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO
POTABLE WATER FACILITIES, AND ENACTING CHAPTER 8E OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO CROSSCONNECTION CONTROL AND FINDING THE ACTION EXEMPT FROM CEQA.
WHEREAS, the City Council finds and declares safe and reliable drinking water is necessary for the City of Ontario’s (“City”) public health, fire protection, economic development, and the overall quality of life; and
WHEREAS, cross-connections and backflow between non-potable water and/or other liquids, gases, or other substances and the City’s potable water supply pose a threat to safety and reliability of its public water system; and WHEREAS, the State Water Resources Control Board (“State Water Board”) adopted its Cross-Connection Control Policy Handbook (“CCCPH”) pursuant to Assembly Bill 1671 and Assembly Bill 1180; and
WHEREAS, the CCCPH rendered previous backflow protection and crossconnection control standards inoperative and established new, enforceable standards applicable to the City’s public water system; and
WHEREAS, the CCCPH requires the City updates its cross-connection control program and develop a Cross-Connection Control Plan to ensure the protection of the City’s potable water supply against actual or potential cross-connections and backflow events; and
WHEREAS, this Ordinance is one legal authority that enables the City to meet CCCPH standards and implement its Cross-Connection Plan; and WHEREAS, the City hereby determines it necessary to enact its cross-connection control program, as set forth in Chapter 8E of Title 6 of the Municipal Code; and WHEREAS, City hereby determines it necessary to amend and recodify the rules and regulations for its recycled water service, as set forth in Chapter 8C of Title 6 of the Municipal Code, in order to amend cross-connection provisions to be consistent with the CCCPH and the City’s cross-connection program; and
472
WHEREAS, the City has determined that its existing water ordinance, as set forth in Chapter 8B of Title 6 of the Municipal Code, requires amendment, reorganization, and recodification to consolidate and clarify the rights and responsibilities of the City, applicants, contractors, customers, developers, and property owners concerning water services and potable water facilities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and are hereby incorporated herein by this reference.
SECTION 2. Chapter 8B, of Title 6 of the Municipal Code is hereby amended, reorganized, and recodified to read as set forth in Exhibit A attached hereto (new language in underline and deleted language in strikethrough) and by this reference made an operative part of this Ordinance.
SECTION 3. Chapter 8C, of Title 6 of the Municipal Code is hereby amended, reorganized, and recodified to read as set forth in Exhibit B attached hereto (new language in underline and deleted language in strikethrough) and by this reference made an operative part of this Ordinance.
SECTION 4. Chapter 8D, of Title 6 of the Municipal Code is hereby enacted to read as set forth in Exhibit C attached hereto and by this reference made an operative part of this Ordinance.
SECTION 5. Chapter 8E, of Title 6 of the Municipal Code is hereby enacted to read as set forth in Exhibit D attached hereto and by this reference made an operative part of this Ordinance.
SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.
The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.
SECTION 7. This Ordinance shall become effective immediately after its adoption by the City Council.
SECTION 8. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under 473
CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).
SECTION 9. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 18th day of March 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
474
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held March 4, 2025 and adopted at the regular meeting held March 18, 2025 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held March 18, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
475
EXHIBIT A
(Chapter 8B: Water Services)
476
EXHIBIT B
(Chapter 8C: Recycled Water Use)
477
Exhibit C
(Chapter 8D: Potable Water Facilities)
478
Exhibit D
(Chapter 8E: Cross-Connection Control)
479
EXHIBIT A
CHAPTER 8B: WATER SERVICES
6-8.45 Definitions
6-8.46 Rules and regulations
6-8.47 Tampering
6-8.48 Service connections outside city
6-8.49 Collection and payment
6-8.50 Disabled person's and senior citizen's discount
6-8.51 Service fees and charges
6-8.52 Water service connection
6-8.53 Reserved
6-8.54 Reserved
6-8.55 Water meters
6-8.56 Fire hydrants
6-8.57 Reserved
6-8.58 Reserved
6-8.59 Reserved
6-8.60 Emergency water regulations
6-8.61 Violations
Sec. 6-8.45. Definitions.
For the purposes of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. (a) “City” means the City of Ontario, California.
(b) “City Council” means the City Council of the City of Ontario, California. (c) “City Manager” means the City Manager of the City of Ontario, or his or her authorized representative.
(d) “Construction water” means the water, potable or recycled, used in conjunction with the building of a structure from conception to transfer of ownership, excluding landscape irrigation, or the water used for soil consolidation, dust control, and the like, during grading operations.
(e) “Cost” means the monetary value of labor, material, material transportation, supervision, engineering, administration, and other necessary overhead expenses.
(f) “Customer” means a person, firm, or corporation who is the recipient of water service from the City.
480
(g) “Developer” means a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers. (h) “Municipal Utilities Company” means the Municipal Utilities Company of the City of Ontario.
(i) "Service" or "water service" means the furnishing of water to a customer. (j) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by a developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City. (k) “Utilities Customer Services Department” means the Utilities Customer Services Department of the Municipal Utilities Company. (l) “Utilities Customer Services Director” means the Director of the Utilities Customer Services Department of the Municipal Utilities Company, or his or her authorized representative.
(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 2914, eff. January 1, 2010, and § 2, Ord. 2946, eff. January 6, 2012, § 3, Ord. 3251, eff. July 20, 2023, § 2 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.46. Rules and regulations.
Rules and regulations explaining the procedures and methods of the Municipal Utilities Company in carrying out the provisions of this chapter shall be set forth and may be amended in the manner described in § 1-1.09 of this Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 3, Ord. 2946, eff. January 6, 2012, § 1, Ord. 3153, eff. January 21, 2020)
Sec. 6-8.47. Tampering.
No person except an employee or representative of the City shall at any time and in any manner operate the curb stops or valves or the main gates or valves of the City's water system, or interfere with meters or their connections, street mains, or other parts or facilities of the water system.
(§ 6, Ord. 2785, eff. November 16, 2003)
Sec. 6-8.48. Service connections outside city.
No additional customers outside the City shall be served or connected to the water system of the City, and no additional dwellings or customers shall be connected to existing service connections outside the City; provided, however, the City Council may 481
by motion approve water service outside the City where the owners of land have signed a covenant running with the land that the land shall be annexed whenever possible, and the City Council finds that such annexation would be in the public interest, and the annexation might reasonably be completed within the foreseeable future. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency.
(§ 6, Ord. 2785, eff. November 16, 2003)
Sec. 6-8.49. Collection and payment.
(a) Unified billing system. The City may use a unified billing system for Cityfurnished services. The charges for water, refuse, storm water abatement, and wastewater services may be billed on the water bill and collected as one (1) item.
Failure to pay the amount due in full for any of the services may result in the discontinuation of water services as provided below.
(b) Utility bill payment. Utility bills shall be due and payable to the Utilities Customer Services Department on the bill date to the customer of record. Any utility bill remaining unpaid eighteen (18) business days after such bill date shall be deemed past due and a late charge and penalties will be applied as set forth in §§ 1-2.06 and 1-2.07 of the Ontario Municipal Code. Should a residential account remain unpaid for a period of sixty (60) calendar days from the past due date, water service to the property may be disconnected for nonpayment after the City provides notice pursuant to the City’s administrative policy on discontinuation of residential water service, described in paragraph (c) below. Should a non-residential account remain unpaid from thirty (30) calendar days from the past due date, water service to the property may be disconnected for non-payment after mailed notice to the customer of record at least ten (10) calendar days prior to termination.
Residential water customers may contest or appeal a bill in the manner described in the City’s adopted policy for discontinuation of residential water service.
Non-residential customers may contest or appeal a bill using the same dispute and appeal procedures described in the policy for discontinuation of residential water service.
(c) Disconnection of Residential Water Service. The City Manager may adopt and amend a written administrative policy on discontinuation of residential water service for nonpayment pursuant to Section 6-8.46, and such policy shall be available on the City's website. Such policy may include, but may not be limited to, supplementary provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control. Except as expressly provided in this section or the policy, the policy shall not apply to nonresidential customers. 482
(d) Water turn on/off. Once terminated, service shall not be turned on again except upon payment of all amounts due on the utility account, including all late charges and penalties, and the cost of making a service call to turn the water off and/or on. The fee to cover the cost of making a service call to turn the water off and/or on shall be set forth in an ordinance adopted by the City Council. Residential customers who demonstrate a household income below 200 percent of the federal poverty line may be eligible for reduced turn-on fees pursuant to applicable law and as further described in the City's policy on discontinuation of residential water service. (e) Customer liability. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the City, and is subject to the provisions set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. (f) Special bill rate. Special bills, split bills, any other irregular bills, or bills covering irregular billing periods, shall be calculated by the Municipal Utilities Company; provided, however, the adjusted rate so made shall be reasonable in accordance with the rate schedule set forth in this section.
(g) Determination of minimum charges. For the purpose of determining minimum charges as set forth in this section, each separate meter connected to the water system shall be charged on individual readiness-to-serve meter fee and commodity charge.
(§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 4, Ord. 2946, eff. January 6, 2012; § 3, Ord. 3251, eff. July 20, 2023)
Sec. 6-8.50. Disabled person's and Senior Citizen's discount. (a) Disabled person defined. A “disabled person” for the purposes of this section is an adult who has a mental or physical disability that, in the opinion of a licensed physician, renders him or her incapable of being gainfully employed. (b) Eligible household. An eligible household for the purpose of this section is a separately billed dwelling unit, which is (1) occupied by a person age sixty-five (65) or older, or by a disabled person, and (2) has annual gross household income at or below 200% of federal poverty level. The City may establish detailed qualifications and requirements for demonstrating annual gross household income in a written administrative policy adopted pursuant to Section 6-8.46. (c) Applications. Applications for an eligible household discount shall be submitted in writing to the Utilities Customer Services Director. The application shall be on a form provided by the Utilities Customer Services Director, shall be completed to show the information elicited by the form and shall be signed under penalty of perjury by the applicant. When the discount is sought based upon a disabled person, the application shall be accompanied by a physicians certificate stating that the person is a disabled person within the meaning of subsection (a) of this section. The Utilities Customer Services Director shall determine whether a household is an eligible household for the purpose of this section and his or her determination shall be final. 483
(d) Discount. The charges for water, refuse and wastewater service provided to an eligible household, shall be discounted by an amount approved by the City Council pursuant to an ordinance or resolution. The discount shall be available only to customers with individually metered residential water service. The discount shall be in effect for a one (1) year period, which shall begin as determined by the City Council (e.g. upon approval of an individual application, upon the start of the following fiscal year, etc.). To renew the discount for an additional year, the customer must complete and return a renewal application to the City’s Utilities Customer Services Department. A renewal notice shall be mailed to the Customer with the utilities bill at or before the end of each year of eligibility. The discount offered under this subsection is subject to City Council approval through the annual budget process and the availability of funds allocated to fund the discount.
(e) Termination of eligibility. A household shall no longer be an eligible household if the Utilities Customer Services Department does not receive a renewal application, if any of the eligibility criteria set forth in subsection (b) above cease to exist, or if funds to provide the discount are unavailable pursuant to subsection (d). (§ 6, Ord. 2785, eff. November 16, 2003; § 5, Ord. 3251, eff. July 20, 2023) Sec. 6-8.51. Service fees and charges.
(a) Residential, non-residential, and private fire service water fees and charges. In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other water service fee or charge is provided, and which parcel of property is connected to the water system of the City, shall pay monthly water service fees and charges as established from time to time by resolution of the City Council. (b) Turning water supply on and off. No charge shall be made for shutting off and turning on water supply when requested by the customer for the closing of an old account or the beginning of a new one. When service has been discontinued due to non-payment of utility bills or for any infraction of the rules, the charges to restore water service shall be as listed above. The customer shall pay these charges, plus the amount of any outstanding bills, before service can be restored. (c) Construction water. All construction water shall be metered and charged. (d) Temporary service connection. Temporary service connections shall be subject to the fees and deposits as established from time to time by resolution of the City Council. All water delivered through a temporary service connection shall be metered and charged.
(e) Water meter testing fee. Water meter testing fee shall be based on the actual costs of removal, testing and reinstallation of the meter. (f) Reserved.
484
(g) Other water service work. This charge is based on actual time, travel and material cost based on the City’s burden of labor and overhead rates in effect at the time service is provided.
(h) Outside City services. For water furnished to any customer outside the City limits, the rates shall be double the rates charged inside the City. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency.
(i) Charges for agricultural use. Charges for usage of recycled water for agricultural service, where the agricultural use provides assignment of water production rights to the City, shall be determined by the Utilities General Manager; provided, however, such charges will be consistent with the most recent rate study and current rates charged by the Chino Basin Watermaster for replenishment assessments. (j) Charges for unmetered service. Unmetered usage of water and charges for unmetered usage of water shall be authorized by the Utilities General Manager prior to such usage; provided, however, such charges shall be reasonably in accordance with the charges established by resolution adopted by the City Council. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 5, Ord. 2806, eff. January 21, 2005, §§ 4, 5, 6 and 7, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2880, eff.
February 4, 2008, § 3, Ord. 2914, eff. January 1, 2010, § 2, Ord. 2974, eff. December 19, 2013, § 5, Ord. 3133, eff. July 5, 2019, § 2 Ord. XXX, eff. April XX, 2025) Sec. 6-8.52. Water service .
(a) Application for water service. Before water is turned on by the City for any purpose, the customer shall apply for new service, at least one (1) business day before desired date of service, in which he or she guarantees payment of future utility bills for the service requested. The customer applying for service shall be held responsible for said utility bills until the service is discontinued on the next business day after the City is notified to discontinue service. When such notice is not received by the City, the customer shall be required to pay for service until one (1) business day after the City has knowledge that the customer has vacated the premises or otherwise discontinued service. No tenant applying for residential utility services shall be required to pay any charges or penalties on account of non-payment of charges by a previous tenant. The City may require that tenants seeking to establish service provide a written lease or rental agreement along with signed authorization from the landlord or property owner to ensure that the tenant is authorized to occupy the property and initiate utility services; provided, however, that the City will not require that service to tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement in writing by completing a consent form provided by the City.
The City shall require an applicant for utility services or restoration of services after turnoff for a delinquent bill to make an advance payment equal to twice the estimated monthly bill for water, refuse and wastewater services, provided that no such advance payment shall be less than eighty dollars ($80.00).
(b) Water used without application. A customer taking possession of premises and using water from an active service connection without having applied for utility 485
services shall be held liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, then the quantity consumed shall be estimated. If proper application for utility services is not made upon notification to do so by the City, and if accumulated bills for services are not paid immediately, the services may be discontinued without further notice.
(c) New service connection. For new, improved or expanded service connection, the customer shall submit an application in accordance with section 6-8.809 and 6-8.810 of Chapter 8D of Title 6 of the Ontario Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by §§ 8 and 9, Ord. 2816, eff.
December 1, 2005, § 5, Ord. 2946, eff. January 6, 2012, § 3, Ord. 2974, eff. December 19, 2013, § 2, Ord. 3039, eff. April 3, 2016; § 6, Ord. 3251, eff. July 20, 2023, § 2 Ord.
XXX, eff. April XX, 2025)
Sec. 6-8.53 Reserved.
Sec. 6-8.54 Reserved.
Sec. 6-8.55. Water meters.
(a) Accuracy of meter questioned by consumer. When the consumer questions the accuracy of the water meter, the City Manager shall, upon request and payment of the water meter testing fee, cause an official test to be made. Meters are tested by certified testers contracted by the City. The meter shall be tested on variable rates of delivery and, if the average registration is more than three percent (3%) in excess of the actual quantity of water passing through the meter, another meter shall be substituted therefor. The City Manager shall refund to the consumer, in addition to the meter testing fee charged at the rate shown in § 6-8.51(d)(6), the overcharge based upon the reading and billing for the current period preceding the test, unless it can be shown that the error was due to some cause for which the date can be fixed. In the latter case, the overcharge shall be computed back to and not beyond such time. (b) Non-registering meters. The City may bill the customer for water consumed while the meter was non-registering, but not to exceed a period of two (2) months, at the minimum monthly meter rate, or upon an estimate of the consumption based upon the customer’s prior use during the same season of the year, if conditions were similar, or upon an estimate based upon reasonable comparison with the use of other customers during the same period receiving the same class of service under similar circumstances and conditions.
(c) Meter errors. When it is found that error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to but not beyond such date, not to exceed the current statute of limitations law. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 7, Ord. 2946, eff. January 6, 2012)
Sec. 6-8.56. Fire hydrants.
486
(a) Purpose of fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the Fire Department and Municipal Utilities Company, or such other persons as are specifically authorized by the Municipal Utilities Company. To insure safety of fire hydrants for fire protection, any person or persons authorized by the Municipal Utilities Company to open fire hydrants shall be required to use only an approved spanner wrench, and to replace the caps on outlets when the same are not in use. Failure to meet this requirement shall be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants. Damage caused by the failure to comply with the above shall be repaired at the expense of the person(s) authorized. (b) Unlawful to take water without permit. It is unlawful for any person to take any water from any fire hydrant without a written permit, furnished upon application to the Municipal Utilities Company. Said application shall include a monthly permit fee and deposit equal to the replacement value of meter and backflow valve. Any person taking water from a hydrant without a permit shall be assumed to have taken water in the value of at least One Thousand Dollars ($1,000.00) and shall be charged for said amount. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 8, Ord. 2946, eff. January 6, 2012)
Sec. 6-8.57 Reserved.
Sec. 6-8.58 Reserved.
Sec. 6-8.59 Reserved.
Sec. 6-8.60. Emergency water regulations.
(a) Unplanned interruption of water supply. In the event of an unplanned interruption of water supply causing a water shortage, the City Manager or his or her designee is authorized to restrict water use and apportion the available supply of water among its customers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health pursuant to § 6-
8.22(b).
(b) Notice of water shortage. A notice of a water shortage shall be published in a daily newspaper of general circulation within the City. Any restrictions on the use of water shall become effective immediately upon such publication pursuant to § 6-8.22(c). (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 10, Ord. 2946, eff. January 6, 2012)
Sec. 6-8.61. Violations.
It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to Chapter 2 of Title 1 of the Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003)
487
EXHIBIT B
CHAPTER 8C: RECYCLED WATER USE
Article 1: General Provisions
6-8.701 Authority
6-8.702 Purpose
6-8.703 Goals
6-8.704 Policy
6-8.705 Priority
6-8.706 Administrator
6-8.707 Other applicable rules and codes
6-8.708 Severability
Article 2: Definitions
6-8.709 Definitions
Article 3: Area Served
6-8.710 Service area
Article 4: General Requirements
6-8.711 Determination of recycled water use area
6-8.712 Authorized uses
6-8.713 Conditions of service
6-8.714 Recycled water service application
6-8.715 Recycled water use agreement
6-8.716 Rates, fees, charges and deposits
6-8.717 Construction water service
6-8.718 Size, location and installation of service line 6-8.719 Service connection limitations
6-8.720 Service pressure
6-8.721 Relocation of recycled water service lines
Article 5: Protective Measures
6-8.722 Cross-connections
6-8.723 Other measures
6-8.724 Emergency connection to the recycled water system to the potable water system
Article 6: Facilities Design and Construction
6-8.725 Facilities design
6-8.726 Offsite recycled water facilities
6-8.727 Onsite recycled water facilities
6-8.728 Construction
Article 7: Facilities Operation
6-8.729 Offsite facilities
6-8.730 Onsite facilities
6-8.731 Monitoring and inspection
6-8.732 Maintenance responsibility
488
6-8.733 Meter testing
Article 8: Enforcement
6-8.734 Illegal connections, diversions, or tampering
6-8.735 Violations and enforcement
Article 1: General Provisions
Sec. 6-8.701. Authority.
Recycled water use is regulated by the California State Water Resources Control Board (State Board) and the Regional Water Quality Control Board, Santa Ana Region (RWQCB). In accordance with waste discharge requirements for water reclamation projects, the RWQCB requires control mechanisms to regulate facilities distributing recycled water. The California Legislature has established a state policy encouraging the use of recycled water (California Water Code, Section 13510). Permission to use recycled water is based on Inland Empire Utilities Agency's ability to treat domestic wastewater in accordance with the Uniform Statewide Recycling Criteria under Title 22, Division 4, Chapter 3 of the California Code of Regulations. These regulations were adopted to ensure proper health protection and specify the treatment degree to meet the needs of the intended applications.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.702. Purpose.
The purpose of this chapter is to establish procedures, specifications, and limitations for the safe use and operation of recycled water facilities and systems within the City's service area, and adopt rules and regulations controlling such use and operation. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.703. Goals.
The goals of this chapter are as follows:
(a) Achieve conservation of potable water supplies by using recycled water for current and future demands. Recycled water uses may include:
(1) Agricultural irrigation.
(2) Commercial uses (including flushing toilets and urinals). (3) Construction use.
(4) Industrial processes.
(5) Landscape irrigation.
(6) Landscape and/or recreational impoundments.
(7) Wildlife habitat.
(8) Groundwater recharge, as approved by the State Board and RWQCB. 489
(b) Maintain recycled water quality through a stringent pretreatment program for industrial wastewater.
(c) Prevent direct human consumption of recycled water through:
(1) Adherence to all applicable rules and regulations.
(2) Posting of warning signs by the user.
(3) Cross-connection/backflow prevention program.
(d) Control runoff of recycled water through monitoring of the installation and operation of all recycled water facilities and use areas. (e) Monitor recycled water quality.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.704. Policy.
(a) It is the policy of the City that recycled water be used for any and all purposes approved by state regulations for recycled water use. Recycled water shall be the primary source of supply for commercial and industrial uses, whenever available and/or feasible. Use of potable water for commercial and industrial uses shall be contrary to City policy, shall not be considered the most beneficial use of a natural resource, and shall be avoided to the maximum extent feasible. If the City determines that recycled water service is feasible under §§ 6-8.710 and 6-8.711, the applicant, owner, or user will be required to use recycled water service. (1) The people of the State of California have a primary interest in the development of facilities to recycle water containing waste to supplement existing surface and underground water supplies and to assist in meeting the future water requirements of the state (California Water Code, Section 13510). Conservation of all available water resources requires the maximum reuse of recycled water for beneficial uses of water (California Water Code, Section 461). The State of California has declared that use of potable water for non-potable uses may be a waste or an unreasonable use where recycled water is available (California Government Code, Section 65602(e); California Water Code, Section 13550). (2) It is the policy of the City that recycled water shall be used within the jurisdiction of the City whenever and wherever: 1) there is not an alternative higher or better use for the recycled water; and 2) such use is consistent with legal requirements, preservation of public health, safety and welfare of the public, and protection of the environment.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.705. Priority.
Connection to the City's recycled water system shall be provided on a first-come, firstserved basis, as long as infrastructure and recycled water are available. 490
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.706. Administrator.
Except as otherwise provided herein, the City Manager shall administer, implement, and enforce the provisions of this chapter. The City Manager may, at his or her discretion, delegate any or all of these powers and duties.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.707. Other applicable rules and codes.
Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Administrator to govern the use of recycled water within the City include:
(a) Rules and regulations that deal with backflow prevention, billing, deposits, penalties, delinquencies, and metering for potable water as established in Chapters 8A, 8C, 8D, 8E of Title 6 of the Ontario Municipal Code.
(b) Regional Recycled Water Distribution System Ordinance (Ordinance No. 69, Inland Empire Utilities Agency.)
(c) Water Reclamation (Title 22, Division 4 of the California Code of Regulations.)
(d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023.)
(e) Guidelines for Distribution of Non-potable Water (California-Nevada Section AWWA.)
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.708. Severability.
If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of recycled water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 2: Definitions
Sec. 6-8.709. Definitions.
The terms used in this chapter shall have the following meanings:
(a) "Agricultural use" shall mean water used for the production of crops and/or livestock. Agricultural uses include, but are not limited to, the growing of field and nursery crops, row crops, trees and vines, and the feeding of fowl and livestock. (b) "Air gap separation" or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of 491
a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch. (c) "Applicant" shall mean any person, group, firm, partnership, corporation, association, or agency that applies for recycled water service. (d) "Approved use" shall mean an application of recycled water in a manner, and for a purpose, designated in a recycled water use agreement, and in compliance with applicable state and local rules and regulations.
(e) "Approved use area" shall mean a site with well-defined boundaries designated in a recycled water use agreement in compliance with applicable state and local rules and regulations.
(f) "As-built drawings" shall mean the record drawings that show the completed facilities as constructed or modified.
(g) "Auxiliary water supply" shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (h) "AWWA" shall mean the American Water Works Association. (i) "City Council" shall mean the City Council of the City of Ontario. (j) "City Manager" shall mean the chief administrative officer of the City of Ontario or his or her authorized designee.
(k) "Commercial use" shall mean the water used for non-body contact such as toilets, urinals, decorative fountains, decorative indoor and outdoor landscape, and other uses approved by the City.
(l) "Construction water service" shall mean temporary recycled water service obtained from the City for construction purposes on any new facilities or structures. (m) "Cross-connection" shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (n) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross-Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems.
(o) "Direct beneficial use" shall mean the use of recycled water, which has been transported from the point of production to the point of use, without an intervening discharge to waters of the state.
(p) "Discharge" shall mean any release or distribution of recycled water to a use area or disposal site/mechanism. Such discharges are subject to approval by the City. (q) "Divert" shall mean to change the intended course or path of recycled water into or out of the City's recycled water system without the authorization or consent of the 492
City. Any unpermitted withdrawal of recycled water from the City's facilities is a "diversion".
(r) "IEUA" shall mean the Inland Empire Utilities Agency. (s) "Industrial use" shall mean the water used for industrial process such as rinsing, washing, cooling, flushing, circulation, or construction; and other uses approved by the City.
(t) "Infiltration rate" shall mean the rate at which water penetrates the soil surface and enters the soil profile.
(u) "Landscape irrigation" shall mean recycled water used for the propagation and maintenance of trees, shrubs, ground cover and turf used for erosion control and aesthetic value, not for resale or profit purposes.
(v) "Letter of approval" shall mean a written formal letter issued by the State Board approving the use of recycled water at a premise. (w) "Non-potable water" shall mean water that has not been treated for, or is not acceptable for human consumption, in conformance with federal, state and local water standards. Non-potable water includes recycled water.
(x) "Offsite facilities" shall mean all existing or proposed facilities under the control of the IEUA or the City, from the source of supply to the point of connection with the customer's onsite facilities, up to and including the City's recycled water meter and meter box. Such facilities shall include, without limitation, recycled water transmission mains, recycled water pipes and reservoirs, pumping stations, treatment plants and other appurtenances and property.
(y) "Onsite facilities" shall mean all existing or proposed facilities within property under the control of the customer, normally downstream of the City's recycled water meter and meter box.
(z) "Onsite Recycled Water Supervisor" shall mean a qualified person designated by a recycled water user and approved by the City to be responsible for the safe and efficient operation of the user's recycled water system. This person shall be knowledgeable in the operation of the recycled water system and in the application of federal, state and local guidelines, criteria, standards, and rules and regulations governing the use of recycled water.
(aa) "POC" shall mean the point of connection at the recycled water service meter.
(bb) "Ponding" shall mean the retention of recycled water on the ground surface or human-made surface for a period of time following the cessation of an approved recycled water use activity, such that potential hazard to the public health may result, as determined by regulatory agencies.
(cc) "Potable water" shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (dd) "Recycled water" shall mean water, which as a result of treatment of wastewater, is suitable for direct beneficial use or a controlled use that otherwise would not occur. The treatment of wastewater is accomplished in accordance with the Uniform 493
Statewide Recycling Criteria set forth in Title 22, Division 4 of the California Code of Regulations.
(ee) "Recycled water system" means the publicly owned property involved in the distribution of recycled water within the City and any privately owned onsite facilities, including piping, pumps, reservoir, land, supply lines (main lines), fittings, and equipment related to such elements.
(ff) "Recycled water facilities" shall mean the systems and structures used in the treatment, storage, pumping, transmission and distribution of recycled water. (gg) "Recycled water use agreement" shall mean an agreement between the user and the City to use recycled water in compliance with all applicable rules and regulations.
(hh) "Regulatory agency" shall mean any public entity legally constituted by federal, state and local statutes to protect health and water quality. (ii) "Runoff' shall mean the flow of water along natural or human-made surfaces away from the designated use area.
(jj) "RWQCB" shall mean the California Regional Water Quality Control Board, Santa Ana Region.
(kk) "Service" shall mean the delivery of recycled water to a user. (ll) "Service connection" shall mean City facilities between the City recycled water distribution system and the customer's meter, including, but not limited to, the meter, meter box, valves, and piping equipment.
(mm) "Standard specifications" shall mean the specifications approved by the City for construction of recycled water facilities.
(nn) "State Board" shall mean the California State Water Resources Control Board.
(oo) "Tampering" shall mean the unauthorized entering, breaking, damaging, destroying, uncovering, defacing, rearranging, injuring, altering, or interference with any temporary or permanent structure (including any pipeline), equipment (including any pumps or backflow devices), or appurtenance owned by the City or that is part of the City's recycled water. Any unpermitted connection the City's facilities is "tampering". (pp) "Unauthorized discharge" shall mean any release of recycled water that violates any applicable federal, state, or local statutes, regulations, chapters, contracts, or other requirements.
(qq) "Uniform Statewide Recycling Criteria" shall mean the criteria for treatment of recycled water established for the protection of public health and codified under Title 22, Division 4, Chapter 3 of the California Code of Regulations. (rr) "Use area" shall mean the specific area designated to be served with recycled water through onsite recycled water facilities. (ss) "User" shall mean any person, group, firm, partnership, corporation, association or agency accepting recycled water from the City's recycled water facilities 494
for use in accordance with this chapter. "Applicant," "owner," or "customer" are terms that are to be considered as users.
(tt) "Windblown spray" shall mean any dispersed, airborne particles of recycled water capable of being transmitted through the air to a location other than that for which the direct application of recycled water is approved.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Article 3: Area Served
Sec. 6-8.710. Service area.
The rules and regulations contained in this chapter apply to recycled water service to lands and/or improvements lying within the legal boundaries of the City, and to properties contiguous to the City under the same ownership as abutting lands within the City or its designated service boundary. Recycled water service shall be provided to a specific service area when related distribution facilities are completed, and service becomes available.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 4: General Requirements
Sec. 6-8.711. Determination of recycled water use area. (a) General.
(1) The City Council may adopt and periodically review the City's Recycled Water Master Plan and recommend where water service should be made with recycled water in place of potable water. The Master Plan shall be in accordance with all of the requirements of the State Board and the RWQCB, and shall encourage recycled water use.
(2) If the City determines recycled water is available, or will be available within five (5) years, the City may request modifications to existing onsite water facilities and require construction of recycled water systems in new developments.
(3) The City Council may enter into agreements with other municipalities and public entities to identify recycled water use service areas within the City and the jurisdiction of each entity.
(4) The City may identify customers who are located within the City's service area, and within an area identified in the City's Recycled Water Master Plan as an area capable of receiving service from the City's recycled water system, and may determine the feasibility of providing recycled water service to identified users.
(5) If the City determines recycled water service is feasible, applicants for new recycled water service must install onsite facilities to accommodate both potable water and recycled water in accordance with this chapter. 495
(b) Existing potable water service.
(1) The City may make determinations of areas where existing potable water use should be replaced with recycled water use.
(2) The City shall provide notice of the determination to use recycled water to the current customer, explaining the reasons for recycled water use, procedures to facilitate recycled water use, and proposed conditions and schedule for the conversion. Partial or full conversion of existing customers to recycled water use may be mandated to the extent allowed or required by law. (3) A customer seeking to convert to recycled water service must submit an application for a letter of approval to the City for review, along with any required application fee. The City shall review the application for completeness and contact the customer regarding the potential provision of recycled water service and the City's recycled water use agreement. If the customer does not agree to the terms of the recycled water use agreement, or if the City determines that recycled water is not available for the proposed use, the City may, in its sole and absolute discretion, refuse to provide such service.
(c) New recycled water service.
(1) Upon submittal by applicant of a tentative map, land use permit, other proposed land development/land use, or request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for recycled water service, may be required as conditions of approval for any development application, in addition to any other conditions of the new industrial, commercial or residential development. (2) Upon submittal by applicant of a proposed alteration or remodeling of multifamily, commercial, or industrial structures which substantially increase a facility's area, volume or size, or upon request for recycled water service, the Administrator shall make preliminary determinations if recycled water service can be provided to the area in question. Based upon such determinations, use of recycled water and construction of recycled water distribution systems or other facilities, and the application for such use, may be required as conditions of approval for any application, in addition to other conditions of approval for the alteration or remodel.
(3) The Administrator may require the use of recycled water for approved uses and refuse or otherwise restrict potable water service when recycled water is available and approved for use.
(4) Any recycled water supply assessments or verifications prepared by the City will not entitle the applicant's project to recycled water service, or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City's obligation to provide service to its users or potential future users. In order to receive service, the applicant, owner, or user must meet all of the applicable requirements of this chapter.
496
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 28, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.712. Authorized uses.
(a) Uses of recycled water include only those uses approved by the State Board and consistent with the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations. Each proposed use will be considered for approval by the City on a case-by-case basis, and the City may determine in its discretion whether it is feasible to furnish recycled water for the proposed use. The City's determination of feasibility will be based on the following factors:
(1) Whether recycled water may be furnished for the intended use at a reasonable cost to the user and the City.
(2) Whether recycled water use is in accordance with the standards of treatment and water quality requirements set forth in Title 22, Division 4, Chapter 3, of the California Code of Regulations and all other applicable federal, state, and local laws and regulations.
(3) Whether the use of recycled water can be made in a manner not detrimental to public health.
(b) Prior to approving such uses, the City may, in its discretion, set forth specific requirements as conditions to providing such services and/or require specific approval from the appropriate regulatory agencies. Prior to approval, the user must comply with the requirements established by this chapter and any other requirements imposed by the Inland Empire Utilities Agency, State Board, or any other regulatory agencies that have jurisdiction over such uses.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.713. Conditions of service.
(a) Prior to obtaining recycled water service, the user must enter into a recycled water use agreement with the City. Recycled water use shall be subject to terms and conditions established in the agreement, and in accordance with this chapter and other applicable codes, rules, and regulations. If any of the conditions of service are not satisfied at all times, the recycled water use agreement may be revoked by the Administrator, after which all recycled water service shall cease:
(b) The City shall not be liable for any damage by recycled water or resulting from:
(1) Defective plumbing.
(2) Broken or faulty services or recycled water mains.
(3) Onsite facilities failures.
(4) High or low pressure conditions.
(5) Interruptions of service.
(6) Any inappropriate or illegal use or management practices. 497
(c) All recycled water will be provided to the user in the conditions and quantity specified in the recycled water use agreement.
(d) Recycled water use will not be subject to the same restrictions as potable water during drought conditions and will be supplied as available. (e) Recycled water service may be terminated whenever the quality of the recycled water does not comply with the requirements of the regulatory agencies, or at any time the provisions of this chapter, or the conditions specified in the recycled water use agreement, are violated.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.714. Recycled water service application.
(a) An application for a service connection must be made on a form furnished by the City. The applicant shall provide the City with the anticipated recycled water demand (maximum gallons per minute) and shall specify the size of the water meter that is desired; however, the City reserves the right to determine the ultimate size of the service connection and meter. The applicant shall also specify the property to be served. The information supplied by the applicant shall be considered as authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne by the applicant. The steps for obtaining recycled water service are as follows:
(1) The applicant completes and submits a recycled water service application, including existing facility "as-built" drawings or proposed facility plans as appropriate, description of where and how recycled water use is proposed, and any other information pertinent to the use of recycled water as requested by the Administrator.
(2) An engineering report shall be prepared by a qualified engineer registered in California and experienced in the field of wastewater treatment, and submitted to the State Board for approval. The City or Inland Empire Utilities Agency may prepare the report on behalf of the user, provided that the user pays all costs associated with the preparation of the report. The engineering report shall be consistent with State Board guidelines. Pursuant to the Uniform Statewide Recycling Criteria under Title 22 of the California Code of Regulations, the engineering report shall include:
(i) A description of the design of the proposed reclamation system. (ii) A means for compliance with Title 22 regulations and any other features specified by the State Board.
(iii) A contingency plan which will assure that no untreated or inadequately treated wastewater will be delivered to the use area.
(3) The City shall forward the completed engineering report to the State Board for review and approval.
(4) The user and the City will address any concerns that the State Board may have regarding the engineering report and revise the report accordingly. 498
(5) Upon the State Board's approval of the engineering report, the user may enter into a recycled water use agreement with the City. The user must enter into the agreement to begin recycled water service and pay any applicable fees. (6) The Administrator will schedule a start-up test of the onsite recycled water system to ensure that cross-connections do not exist. (7) Upon the successful completion of the test, the Administrator may authorize recycled water service to begin.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.715. Recycled water use agreement.
Every applicant agreeing to receive recycled water shall sign a recycled water use agreement (to be furnished by the City) and shall be subject to the following conditions:
(a) The applicant shall pay any specified connection fees, service line charges and other charges, and adhere to the requirements prescribed by this chapter and any additional requirements required by other agencies governing recycled water use. (b) In order to maintain acceptable operating conditions throughout the recycled water system, the Administrator may schedule recycled water use for specific applications. Such scheduling may involve programming deliveries to different users and/or to various portions of a single user's onsite system. Any scheduling shall consider the operating constraints of the affected users. (c) The Administrator may temporarily terminate recycled water service at any time recycled water produced by the Inland Empire Utilities Agency does not meet the requirements of the regulatory agencies. Recycled water service would, in such case, be restored when the recycled water meets the governing requirements. (d) At a minimum, the recycled water use agreement shall include the following:
(1) Names and addresses of the owner of the property and user(s) of the recycled water.
(2) A statement that no changes in the proposed system will be undertaken without amending the agreement.
(3) A statement that the applicant recognizes potential penalties for violation of this chapter and any regulatory agencies.
(4) A copy of the State Board approved engineering report. (5) Specific quantity of recycled water to be used, including estimated average annual use in acre-feet, and the maximum gallons per minutes (GPM) needed at the point of connection (POC) as shown on the plans. (6) Approved uses.
(7) A statement that the agreement shall be canceled or amended if:
(i) A change of recycled water use occurs.
499
(ii) A change in the piping system has been implemented without prior approval.
(iii) A violation of these rules and regulations occurs and results in a system turn-off.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.716. Rates, fees, charges and deposits.
(a) All rates and fees regarding recycled water service and their administrative costs shall be established by the City Council and incorporated into Ontario Municipal Code Title 6, Chapter 8B. Any changes in fee and rate schedules shall be automatically adopted into this chapter.
(b) Applicants for recycled water service shall pay their fair share for the construction of facilities needed to deliver recycled water to the applicant's property. All fees and estimated construction costs shall be paid prior to construction; however, the City may reimburse the applicant for a portion of the cost of such facilities as described in subsection (c) of this section.
(c) Under certain circumstances, the City may contribute to the cost of designing and/or constructing the facilities needed to deliver recycled water to an applicant's property. Subject to the availability of funds, the City may:
(1) Reimburse an applicant for costs incurred to install oversized facilities in the public right-of-way.
(2) Elect to participate in or construct pipelines, reservoirs, pumping stations or other facilities, as the City determines necessary, and/or as funds are available.
(3) Elect to fund or construct recycled water facilities, necessary for converting existing customers from potable to recycled water, with customer reimbursement to the City in the form of an increased recycled water rate, not to exceed the potable rate, until such time as reimbursement is complete under the terms of the recycled water use agreement.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 29, Ord. 2816, eff. December 1, 2005, and §
Sec. 6-8.717. Construction water service.
Persons desiring recycled water for construction purposes shall request a temporary water meter for connection to a City recycled water fire hydrant, and shall be subject to the fees and deposits as set forth in this chapter. It shall be the responsibility of the customer to identify the approximate location of the recycled water fire hydrant. The customer shall be responsible for any damage and repair to the meter while in the customer's possession. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter. All temporary water meters shall be installed by City staff and secured to the desired recycled water fire hydrant with a City-provided locking device. The meter shall remain at the City 500
approved and designated location until such time as the customer requests it to be moved. The customer can request the meter to be relocated at a maximum number of four (4) times per billing period. Requests for removal or relocation will be accomplished the same working day, provided the request is made to the City prior to 1:00 p.m. of the day of the request. Any request made after 1:00 p.m. may be completed the following business day.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.718. Size, location, and installation of service line.
Recycled water service lines shall be extended by the property owner/developer to a curb line or property line of the customer's property, abutting on a public street, highway, road or City easement in which recycled water mains are installed. The size and location and/or type of recycled water service lines, service connections, meters, backflow protection devices, and any/all other appurtenances are subject to review and approval by the City.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.719. Service connection limitations.
Recycled water service shall be subject to the following conditions:
(a) The City reserves the right to limit the area of land under one (1) ownership to be supplied by one (1) recycled water service connection and recycled water meter. (b) A recycled water service connection and its corresponding meter shall not be used to supply adjoining property of a different owner, or to supply property of the same owner across a road, street or other public right-of-way. (c) When a property provided with a recycled water connection and corresponding recycled water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land it directly or first enters. Additional recycled water mains and/or recycled water service lines will be required for all subdivided areas in accordance with this chapter.
(d) Private irrigation systems for homeowner's associations and other developments where landscaping around homes and in common areas are served with one (1) recycled water meter, shall not be allowed to cross public roads, easements, or other public rights-of-way without City approval.
(e) All recycled water used on any property where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all recycled water passing through their meters.
(f) Every recycled water service line shall be equipped with an angle curb stop on the inlet side of the meter; such angle curb stop being intended exclusively for the use of the City in controlling the recycled water supply through the recycled water service line. If the curb stop is damaged by the user's use to an extent requiring replacement, such replacement shall be at the user's expense. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
501
Sec. 6-8.720. Service pressure.
Whenever possible, the recycled water system will operate at a slightly lower pressure than the potable water system. This will cause potable water to flow in the recycled water system in the event of a cross-connection.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 30, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3197, eff. January 7, 2022)
Sec. 6-8.721. Relocation of recycled water service lines.
Should a recycled water service line installed pursuant to the request of the applicant, owner, or user be of the wrong size, or installed at a wrong location or depth, then the cost of all changes required shall be paid for by the applicant, owner, or user. All recycled water services provided prior to final street improvements will be considered temporary and the costs for all repairs or changes required to be performed by the City must be paid by the applicant, owner, or user.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022)
Article 5: Protective Measures
Sec. 6-8.722. Cross-connections.
Chapter 8E of Title 6 of the Ontario Municipal Code establishes the rules and regulations for the City’s active Cross-Connection Control Program (“Program”). Service is conditioned on the users adherence to the Program. The City has designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program. When a request for recycled water service is initiated, the applicant must provide sufficient information, including plumbing and building plans, to enable the Administrator, Coordinator, and other regulatory agencies to determine the level of backflow protection required. The proper backflow protection, as determined by the Administrator, Coordinator, and other regulatory agencies, shall then be installed and tested according to Chapter 8E before recycled water service is provided. Users must make their premises open for inspection at all reasonable times in accordance with section 6-8.908 of Chapter 8E.
Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the Administrator, or his/her designee. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.723. Other measures.
(a) Water meters used for recycled water service shall be tagged or color-coded purple, color Pantone 512 or 522, or otherwise distinguished as such per AWWA standards. These meters shall not be interchanged or used for potable water service after repairs and/or meter testing have been performed. (b) Where premises contain dual or multiple water systems and piping, the exposed portions of pipelines shall be painted, banded, or marked pursuant to § 6-8.726 at sufficient intervals to distinguish clearly water is safe for drinking purposes and water that is not safe. All outlets intended for drinking purposes shall be plainly marked to indicate that fact.
502
(c) For residences providing recycled water services, water outlets that serve non-potable water shall be marked with the words "Recycled Water - Do Not Drink". (d) Periodic inspection by the City of the recycled water facilities will determine if all identifying items are clearly discernable. If not, they shall be immediately replaced, repaired or refurbished as needed, by the user. These items include:
(1) Warning tags.
(2) Painted surfaces.
(3) Warning tape.
(4) Identification tape.
(5) Covers, caps, signs.
(6) Other items that indicate recycled water is being used. (e) To determine the existence of any cross-connections or backflow conditions into the potable water system, periodic testing by State Board approved methods will be performed by the Administrator and/or other regulatory agencies. (f) The State and County Health Departments, the Administrator, and the IEUA shall be kept informed by written document of the identity of the person responsible for the user's recycled water system on all premises concerned with these rules and regulations. At each authorized use area, an 'Onsite' Recycled Water Supervisor shall be designated. This supervisor shall be responsible for:
(1) The installation and use of all components of the onsite recycled water system(s).
(2) Prevention of cross-connections.
(3) Change in use of recycled water.
(g) When the recycled water uses or conditions, as determined by the Administrator, Coordinator or other regulatory agencies, represent a clear and immediate hazard to the City's potable and/or recycled water supply that cannot be immediately removed or corrected, the Administrator shall terminate recycled water use.
Section 6-8.920 of Chapter 8E establishes the conditions or uses that create a basis for termination.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 31, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.724. Emergency connection to the recycled water system to the potable water system.
If the Administrator determines an emergency exists where all or parts of the recycled water system are unable to provide recycled water, the Administrator may approve an emergency temporary connection to the potable water system. Before such emergency temporary connection is made, the portion without recycled water shall be isolated by an air gap separation from the remainder of the recycled water system. This isolation shall occur at either individual services or on the offsite system, as determined by the Administrator. An approved backflow prevention device shall be installed on the potable 503
water lines in accordance with this chapter and any and all applicable rules and regulations of the state and local health departments. The recycled water system shall be disinfected in accordance with Title 22 California Code of Regulations and AWWA C651 Standard prior to any use of potable water through the system. Before the emergency temporary connection or connections shall be removed, whether onsite or offsite, the user shall notify the City's Municipal Utilities' Water Quality Programs Division. The emergency temporary connection shall be removed before connection to the recycled water system is re-established. Re-establishment of recycled water service must be inspected and approved by the Administrator prior to resuming delivery of recycled water.
Article 6: Facilities Design and Construction
Sec. 6-8.725. Facilities design.
(a) The design of offsite and onsite recycled water facilities, including the preparation of plans and construction specifications, shall be under the responsibility of an engineer registered in the State of California. The design of customer (onsite) facilities that will use recycled water, and preparations of plans and construction specifications, shall be stamped and signed by a State of California registered landscape architect or civil engineer, unless otherwise approved by the Administrator. (b) Before the Administrator grants final acceptance of any system using recycled water, as-built drawings of the system shall be provided. The installed system shall be tested in accordance with the City Standard Specifications to ensure that the system is in full compliance with applicable rules and regulations. (c) All offsite and onsite recycled water facilities shall be designed and constructed according to the requirements, conditions, and standards as adopted in the City Standard Specifications to ensure that the system is in full compliance with this chapter. Recycled water systems, both onsite and offsite, shall be separate and independent of any potable water systems.
(d) Where the premises contain dual or multiple water systems, the exposed portions of pipelines shall be identified at sufficient intervals. (e) Areas irrigated with recycled water must be kept completely separated from domestic water wells and reservoirs. Recycled water shall not be applied or allowed to migrate to within fifty (50) feet of any well used for domestic supply. No impoundment of recycled water shall be located within one hundred (100) feet of any domestic water well, unless it can be demonstrated that special circumstances justify lesser distances to be acceptable.
(f) Adequate means of notification shall be provided to inform the public, employees and others that recycled water is being used. Conspicuous signs with appropriate wording that can be clearly read should be placed at adequate intervals around the authorized use area.
(1) Golf courses should print messages on score cards in a different color indicating recycled water is being used. Water hazards containing recycled water should be posted with appropriate signs.
(2) Languages in addition to English should be used on signs where appropriate.
504
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.726. Offsite recycled water facilities.
(a) Any offsite recycled water distribution facilities required to serve existing or new developments of the property within the City, as determined by the Administrator, shall be provided by the applicant, owner, or customer at their expense, unless the Administrator determines it is a City benefit to construct these capital facilities. (b) Plans and specifications for all recycled water distribution facilities shall be submitted to and approved by the Administrator, and other regulatory agencies, in advance of construction.
(c) The City will assume responsibility for providing recycled water service to the point of connection of such development on transfer, to the City, of the title to all offsite recycled water systems and any necessary easements. All easements shall be in a form acceptable to the Administrator, and not subject to outstanding obligations to relocate such facilities or any deeds of trust, except in instances where such is determined by the Administrator to be in the best interest of the City. (d) The City and the property owner or developer may enter into a reimbursement agreement for the portions of a recycled water system that are required to be oversized with capacity to supply more recycled water than the property owner or developer requires. The determination to enter into a reimbursement agreement, and the specific items that are the subject of reimbursement, will be made by the City. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.7273. Onsite recycled water facilities.
(a) The user or the owner of the property shall be responsible for all costs associated with onsite recycled water facilities.
(b) When City standards and specifications require a higher quality material, equipment, design or construction method than that required by other governing codes, rules and regulations, the City standards and specifications shall take precedence. (1) In areas where recycled water is not immediately available when the use area is ready for construction, and if the City has determined that recycled water will be supplied in the future, onsite facilities shall be designed to use recycled water. Provisions shall be made to allow for connection to the City's offsite recycled water facilities, when available. In the interim, potable or other suitable water may be supplied to the onsite facilities through an "interim service connection."
(2) Conditions of interim service are:
(i) The City anticipates recycled water will be available to the site within five (5) years of the time interim service is initiated. (ii) The user or the owner of the property must sign a recycled water use agreement.
(iii) The user or the owner of the property must agree to perform or pay for all work necessary to remove the interim connection and make connections to 505
the permanent recycled water system at the time the recycled water system is installed.
(iv) An approved backflow prevention device is required on the interim service. The backflow prevention device shall be downstream of the meter and shall be a part of the onsite recycled water facilities. (v) Future recycled water users will pay for the following:
(A) Cost of constructing and abandoning the interim service and cost of constructing the recycled water service.
(B) Applicable recycled water fees at the time service becomes available.
(C) Applicable interim water rates for the type of water delivered through the interim service.
(vi) When recycled water is available to the site, an inspection of the onsite facilities will be conducted by the Administrator to verify that the facilities are still in compliance with the recycled water use agreement. Recycled water service shall be provided on verification of compliance. If the facilities are not in compliance, the Administrator shall notify the user to make any necessary corrections.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 32, Ord. 2816, eff. December 1, 2005 and § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.728. Construction.
(a) Construction of all new recycled water facilities will follow City standards and specifications and the American Water Works Association Construction Guidelines for Recycled Water Facilities.
(b) Where it is planned that an existing non-recycled water system shall be converted to a recycled water facility, the facilities to be converted to recycled water shall be investigated in detail at the user's expense, to determine the measures required to bring the system into full compliance with this chapter. No existing potable water facilities shall be connected to or incorporated into the recycled water system without City and State Board approvals.
(c) If, due to onsite failure of the recycled water system, the Administrator determines that it is necessary to convert onsite facilities from a recycled water supply to a potable water supply, a comprehensive investigation shall be performed by or for the City.
(1) The facilities to be converted to recycled water use shall be investigated in detail, including review of any record drawings, preparation of required reports, and determinations by the City of measures necessary to bring the system into full compliance with this chapter for recycled water service. (2) No potable water facilities shall be connected to or incorporated in the recycled water system that have not been approved for recycled water service by the City.
506
(d) It shall be the responsibility of the user to pay all costs for such conversion.
Conversion costs may include, but not be limited to, the following:
(1) Isolation of the recycled water supply. Service shall be removed and plugged at the City main or abandoned in a manner approved by the Administrator.
(2) Installation of approved backflow prevention devices, as determined by the Administrator, on all potable and/or other water meter connections. (3) Removal of any/all special recycled water quick couplers. The user shall be responsible for replacement with quick couplers approved for potable water systems.
(4) Notification to all onsite personnel involved.
(5) Removal of all warning labels/signs.
(6) Installation of any/all potable water facilities and payment of any associated capacity fees, as established in Title 6, Chapter 8B, of the Ontario Municipal Code.
(7) System flushing, disinfecting, decontamination, and water quality analyses, as required by the City and/or other regulatory agencies. (§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Article 7: Facilities Operation
Sec. 6-8.729. Offsite facilities.
The City and/or the Inland Empire Utilities Agency shall be responsible for the operation, maintenance and surveillance of all offsite recycled water systems. This includes but is not limited to recycled water pipelines, valves, connections, storage facilities, and other related equipment and property up to and including the meter. Only the City and/or the Inland Empire Utilities Agency personnel and their representatives shall operate, adjust, change, alter, move or relocate any portion of their respective offsite recycled water facilities.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.730. Onsite facilities.
(a) General.
(1) The operation, surveillance, repair, and maintenance of all customer recycled water facilities are the responsibility of the user and his or her designated Onsite Recycled Water Supervisor.
(i) The Onsite Recycled Water Supervisor shall be responsible for the installation, operation, and maintenance of the onsite recycled water system, enforcing applicable requirements of the City's recycled water use agreement, preventing potential hazards related to such system, maintenance of the system 507
plans in "as-built" form, and distribution of recycled water in accordance with applicable laws and permits held by the City.
(2) The Administrator shall have the right to enter the user's premises to monitor and inspect all onsite recycled water facilities. Where necessary, keys and/or lock combinations shall be issued to the Administrator to provide such access during hours of recycled water system operation. (b) The Onsite Recycled Water Supervisor shall have the following responsibilities pertaining to operation of onsite facilities:
(1) Ensure that all operations personnel are trained and familiarized with the use of recycled water.
(2) Furnish all operations personnel with maintenance instructions, irrigation schedules, controller charts, and as-built drawings to ensure proper operation in accordance with the onsite facilities design and applicable rules and regulations. (3) Prepare and submit to the Administrator one (1) reproducible set of asbuilt drawings. (4) Notify the Administrator of all updates or proposed changes, modifications, or additions to the onsite facilities and operations for review and approval prior to construction or implementation. All updates and proposed changes shall comply with this chapter, the recycled water use agreement and any other applicable rules and regulations.
(5) Ensure that the operation and maintenance of all recycled water facilities remain in accordance with this chapter, the recycled water use agreement and any other applicable rules and regulations.
(6) Operate and control the system in order to prevent direct human consumption of recycled water and to control and limit runoff. The user or the owner of the property shall be responsible for any and all subsequent uses of the recycled water. Operation and control measures to be utilized in this regard shall include where appropriate, but not limited to:
(i) Minimizing discharge onto areas not under control of the user so as to minimize public contact. Full circle sprinklers shall not be used adjacent to sidewalks, roadways, and property lines in order to confine the discharge to the use area.
(ii) Operating the onsite recycled water facilities during periods of minimal human use of the service area, and allowing a maximum dry-out time before the irrigated area will be used by the public.
(iii) Providing adequate first aid kits on the premises, and promptly treating all cuts and abrasions to prevent infection. If infection is likely, a physician should be consulted.
(iv) Taking any other precautionary measures to minimize direct contact with recycled water. User's employees, residents, and the public should not be subjected to recycled water sprays.
508
(v) Applying recycled water at a rate that does not exceed the infiltration rate of the soil. Where varying soil types are present, the design and operation of the recycled water facilities shall be compatible with the lowest infiltration rate of the soils present.
(vi) Reporting to the Administrator any/all failures in the recycled water system that cause an unauthorized discharge of recycled water. (vii) Protecting all drinking fountains located within the approved use area, by location and/or a structure from contact with recycled water to the maximum extent possible. Windblown spray, direct application through irrigation or other approved uses are considered sources of recycled water. Protection shall be by design, construction practice, or system operation.
(viii) Protecting facilities that may be used by the public, including but not limited to, eating surfaces and playground equipment located within the approved use areas, by locating seating and/or structures from contact with recycled water to the maximum extent possible. Windblown spray, direct contact by irrigation application, or other approved uses are considered sources of recycled water.
Protection shall be by design, construction practice, or system operation. (c) The user shall enforce the following prohibitions:
(1) Cross-connections, as defined by the Cross-Connection Control Policy Handbook , resulting from the use of recycled water or from the physical presence of a recycled water service, whether by design, construction practice, or system operation, are prohibited.
(2) Discharge of recycled water for any purposes, in areas other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited.
(3) Use or installation of permanent hose bibs on any customer water system that presently operates or is designed to operate with recycled water is prohibited.
(4) Conditions that directly or indirectly cause recycled water to pond either within or outside of the approved use area, whether by design, construction practice, or system operation are prohibited, unless designed specifically for ponding and approved by Administrator.
(5) Conditions that directly or indirectly cause runoff of recycled water onto areas outside of approved use areas, whether by design, construction practice, or system operation, are prohibited.
(6) Use of recycled water for any purposes other than those specifically approved in the recycled water use agreement, and without the prior approval of the Administrator, is prohibited.
(7) Conditions that directly or indirectly permit windblown spray to pass outside of the approved use area, whether by design, construction practice, or system operation, are prohibited.
509
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.731. Monitoring and inspection.
(a) The Administrator will periodically monitor and inspect the entire recycled distribution facility, including both offsite and onsite facilities. The Administrator will conduct monitoring programs, maintain records as deemed necessary, inspect onsite facilities for compliance with applicable rules and regulations, and provide reports as requested by the State Board. For these purposes, the Administrator will have the right to enter the user's premises during hours of recycled water system operation to inspect onsite recycled water facilities and approved areas of recycled water use, to ensure compliance with this chapter and Chapter 8E, including the requirement that runoff be controlled and limited (§ 6-8.733(b)(6)) and the prohibition of cross-connections between potable water facilities and recycled water facilities (Chapter 8E). (b) The approved user shall be responsible for providing access to and cooperation with the City's Cross-Connection Control Specialist or designee so that the City's Cross-Connection Control Specialist or designee can perform periodic crossconnection tests, site inspections and backflow prevention device tests. Site inspections shall include pressure testing of the system(s) as well as a visual check of the entire system to verify that no cross-connections or unapproved connections exist. The approved user shall be responsible for correcting any work which violates the City's regulations, at the user's sole expense, including any costs associated with repair and re-testing the backflow prevention device should the backflow prevention device fails to pass the required test.
(c) If the user or owner changes, the City's Cross-Connection Control Coordinator or designee will perform an inspection and test to verify compliance with this chapter and Chapter 8E.
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.732. Maintenance responsibility.
(a) The user or owner is responsible for maintaining all onsite facilities that are under the ownership of parties other than the City.
(b) No person shall place, dispose, deposit or permit the placement, disposal, or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, soil, building materials, or any other substances, objects, or obstructions in, on, or around meter boxes or other City facilities. No person shall allow or permit meter boxes or other City facilities from becoming obstructed or obscured by trees, shrubs, plants or in any other manner so as to impede their use or access or make their location difficult to determine. (c) If such substances, objects, or obstructions are not cleaned and removed, or are permitted to obscure or impede use or access to such facilities, the City may accomplish the cleaning and removal at the user's expense. The Administrator will provide reasonable notice to the user before assessing the charge. 510
(§ 1, Ord. 2689, eff. June 17, 1999, as amended by § 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025)
Sec. 6-8.733. Meter testing.
If a recycled water meter fails to register during any period or is known to register inaccurately, the owner or user shall be charged using a reasonable average daily consumption based on prior consumption or based on other reasonable calculations in the absence of historical consumption data. The City will examine and test the meter through which recycled water is being furnished or determine whether it is correctly registering the amount of recycled water being delivered. (§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Article 8: Enforcement
Sec. 6-8.734. Illegal connections, diversions, or tampering. (a) Diversion and tampering are prohibited.
(b) Diversion and tampering are crimes under the California Penal Code and are violations of the Water Code and the Civil Code. Diversion and tampering may be subject to charges and penalties, as well as referral to the District Attorney for criminal prosecution. All charges and penalties shall be applicable and collected in accordance with applicable laws and regulations.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) Sec. 6-8.735. Violations and enforcement.
Nothing in this chapter limits or restricts the City's general authority to enforce noncompliance of applicable rules and regulations. The City retains the right to enforce violations of this chapter in accordance with Chapter 1-5 or in accordance with any other legally authorized process, including but not limited to discontinuing service to any customer that commits a violation, infraction, or otherwise fails to comply with the municipal code, any amendments or additions thereto, and any adopted rules or regulations. Prior to the service disconnection, the City shall provide notice to the customer where a violation, infraction, or otherwise noncompliance results, or is likely to result, in a dangerous or unsanitary condition on the customer's premises, or within the City's water system, and where disconnection of service is necessary to protect the City from fraud, imposition, loss or abuse.
(§ 2, Ord. 3197, eff. January 7, 2022, § 3 Ord. XXX, eff. April XX, 2025) 511
EXHIBIT C
CHAPTER 8D: POTABLE WATER FACILITIES
Article 1: General Provisions
6-8.800 Purpose and policy
6-8.801 Objectives
6-8.802 Severability
Article 2: Definitions
6-8.803 Definitions
Article 3: General Responsibilities
6-8.804 Applicant and developer responsibilities
6-8.805 Contractor responsibilities
6-8.806 City rights and responsibilities
6-8.807 Customer responsibilities
Article 4: New Service Connection Requirements
6-8.808 Connection fees
6-8.809 New service connection
6-8.810 Application for new service connection
6-8.811 Conditions of service
6-8.812 No entitlement to service
Article 5: Design and Construction
6-8.813 Water system design specifications and guidelines 6-8.814 Street sub-grade
6-8.815 Right-of-way and easements
6-8.816 Potable pipeline location
6-8.817 Fire hydrants
6-8.818 Water service lines
6-8.819 Service connections
6-8.820 Fire service connection
6-8.821 Automated meter reading devices
6-8.822 Backflow prevention assemblies
6-8.823 Service relocation
6-8.824 Temporary service connection
Article 6: Monitoring and Inspection
6-8.825 Inspection
6-8.826 Pressure and leakage testing
6-8.827 Bacteriological sampling and testing
6-8.828 Shutdowns
6-8.829 Title of water facilities
Article 7: Operation and Maintenance
6-8.830 Service connection maintained by Municipal Utilities Company 6-8.831 City right of ingress to and egress from customer’s property 512
6-8.832 City access
6-8.833 Obstruction of or deposit of material in meter boxes or hydrants 6-8.834 Quick-closing valves(or other devices)
6-8.835 Change in size of connection or meter
6-8.836 Emergency repairs
Article 8: Violations
6-8.837 Violations
Article 1: General Provisions
Sec. 6-8.800. Purpose and policy.
The purpose of this chapter is to set forth requirements and procedures for the design, construction, monitoring, inspection, and maintenance of potable water facilities, and enable the City to comply with all applicable State and Federal laws and regulations. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.801. Objectives.
The objectives of this chapter are:
(a) To establish the City’s rights and responsibilities regarding design, construction, inspection, operation, and maintenance of potable water facilities. (b) To establish roles and responsibilities of applicant, developer, contractor, and customer regarding design, construction, monitoring, inspection, and maintenance of potable water facilities.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.802. Severability.
If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of potable water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this Chapter. (§ 4, Ord. XXX, eff. April XX, 2025)
Article 2: Definitions
Sec. 6-8.803. Definitions.
(a) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water services from the City. (b) “Automated meter reading device” shall mean a specified device installed with metered services with new development and replacement meters that transmits meter read information electronically to a remote receiving device. 513
(c) “Bacteriological test” shall mean a microbiological examination of water samples routinely taken on the public water system and on all newly constructed water facilities prior to City acceptance, to determine if the water from said potable water facilities meets sanitary quality standards for public consumption set by the California State Water Resources Control Board.
(d) “CADD” shall mean Computer Aided Design and Drafting. (e) “City” shall mean the City of Ontario, California.
(f) “City Council” shall mean the City Council of the City of Ontario, California. (g) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative.
(h) “Contractor” shall mean any person who for himself or herself, in conjunction with, or by or through other, agrees to perform and does perform a construction contract and shall include:
(1) Any person required to be licensed under the California Contractors’ State License Law, and any person contracting with the United States to perform a construction contract, whether such persons are formed or organized under the laws of this state, or another state or country; and (2) Subcontractors and specialty contractors and those engaged in such building trades as defined in the California Code of Regulations, Title 18, Section 1521.
(i) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City.
(j) “DDW” shall mean California State Water Resources Control Board’s Division of Drinking Water.
(k) “Design Development Guidelines and Specifications" shall mean the City’s most current published version for potable water system design and criteria. (l) “Developer” shall mean a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers.
(m) "Domestic service” shall mean the delivery of potable water through an authorized service connection designated primarily for potable and sanitation uses, and other associated uses.
(n) “ELAP” shall mean the California Environmental Laboratory Accreditation Program.
514
(o) “Engineer” shall mean the City Engineer of the City of Ontario, or his or her authorized representative.
(p) “Fecal coliform” shall mean a subgroup of total coliforms and are associated with human and animal wastes. Escherichia coli is a fecal coliform species. (q) "Fire service” shall mean the standby and delivery of water through an authorized service connection designated exclusively for fire protection including automatic sprinklers and fire hydrants.
(r) "Greenbook” shall mean the most current published edition of “Greenbook” Standard Specifications for Public Works Construction. (s) "Heterotrophic plate count” shall mean a procedure for estimating the number of culturable heterotrophic bacteria in water.
(t) "IEUA” shall mean the Inland Empire Utilities Agency. (u) “Inspector” shall mean the City of Ontario’s Engineering Department’s Public Works Inspector.
(v) “Municipal Utilities Company” shall mean the Municipal Utilities Company of the City of Ontario.
(w) "NPDES” shall mean National Pollutant Discharge Elimination System. (x) “Operation and maintenance” shall mean the functions required to ensure continuous operations and viability of the City’s infrastructure. (y) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by the developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City. (z) “Standard Drawings” shall mean the City’s Standard Drawings. (aa) "Subdivision” shall mean the division, by a developer, of any part of portion of a parcel of land, within the service area of the City, into two or more separate parcels or units for sale or lease for residential, commercial, or industrial purposes. (bb) “Total coliform” shall mean a coliform group consisting of several genera of bacteria that belong to the family Enterobacteriaceae that live in the intestines of warm-blooded animals, such as humans and animals.
(cc) "Transmission facilities” shall mean any designated City facilities, and appurtenances, considered to be the backbone infrastructure that transports large quantities of water within the City to and from the storage facilities and the City treatment/processing plants. Such facilities shall not be used as, nor be deemed to be, 515
part of the on-site water facilities which are required for the connection and delivery of water service to a customer or developer.
(dd) “Water facilities” shall mean any water mains, service connections, water service lines, meters, and appurtenances used for providing potable water service to any parcels of land or subdivision of said parcels of land, excluding designated transmission facilities.
(ee) “Water Pipeline Construction Specifications” shall mean the City’s most current published version for constructing potable water facilities. (ff) “Water Pipeline Material Specification and Approved List” shall mean the City’s most current published version for materials used to construct potable water facilities.
(§ 4, Ord. XXX, eff. April XX, 2025)
Article 3: General Responsibilities
Sec. 6-8.804. Applicant and developer responsibilities. (a) The applicant or developer shall be required to pay all applicable fees based on current rates approved by City Council.
(b) The applicant or developer’s responsibilities shall generally include engineering, construction, sanitizing, and testing of water facilities in accordance with this chapter and subject to the Engineer and Inspector’s approval. Complete engineering shall be by a registered civil engineer and shall include submission of a full set of detailed improvement plans in electronic form of a scale acceptable to the Engineer, along with appropriate plan check and inspection fees. After all changes, modifications, and additions requested by the Engineer have been made on the improvement plans and have been approved, the applicant or developer shall furnish the Engineer a complete set of electronic improvement plans, which shall become the property of the City. In addition to furnishing the Engineer with a complete set of electronic improvement plans, the applicant or developer shall furnish an electronic file containing necessary data for producing CADD drawings in a format approved by the Engineer.
(c) Any changes in installation from the improvement plans submitted pursuant to subsection (b) shall have prior written approval of the Engineer, and the applicant or developer shall furnish the Engineer a complete set of as-built plans before water service is established and provided. An electronic CADD file shall also be furnished for the as-built plans.
(d) The applicant or developer shall have the required installation, chlorination, and sanitization of newly installed water facilities performed by a contractor that meets the licensing requirements in subsection (a) and (b) of section 6-8.805. (e) The applicant or developer shall ensure that the contractor installs water facilities in accordance with the City’s Design Development Guidelines and 516
Specifications and Standard Drawings unless otherwise granted in writing by the Engineer.
(f) The applicant or developer shall be responsible for relocating or reinstalling any existing water facilities installed in conflict with plans submitted pursuant to subsection (b) or (c). Relocation of water facilities shall be contingent upon the City approval of the plans, which are to be submitted by applicant or developer in a format as required by the Engineer. Under no circumstances may water facilities be relocated unless authorized by the Engineer in writing.
(g) The applicant or developer is responsible for the abandonment of any existing facilities that, through the plan checking process, are deemed unnecessary or inadequate for usage by the new construction. Any abandonment will be done in accordance with the approved plans in conjunction with the construction of the new facilities or in a manner as directed by the Engineer.
(h) The applicant or developer shall comply with any other requirement set forth in this Chapter.
Sec. 6-8.805. Contractor responsibilities.
(a) The contractor shall possess a State of California Class “A” license issued by the Department of Motor Vehicles and a Class “C-34” or Class “C-12” license issued by the Contractors State License Board for the installation of newly installed systems. (b) The contractor shall possess a State of California Class “C-36” license issued by the Contractors State License Board for the chlorination and sanitization of newly installed systems.
(c) The contractor shall at all times maintain and insure the integrity of newly constructed facilities, including but not limited to pipeline, appurtenance, and devices, during storage, transportation, and installation. Pipe shall be delivered and stored with factory provided end caps. Failure to maintain the integrity of newly constructed facilities through the demonstration of inspection and testing shall allow the City, at its sole discretion, to have the contractor remove, replace, retest, or reinspect at the contractor’s sole expense.
(d) The contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and dispose of all water entering the excavations or other parts of the work. Ground or sub surface water shall not be allowed to rise around pipe installations until joining compound in the joints has set. The contractor shall dispose of the water and any other materials generated from the work site in a suitable manner without damage to adjacent property. No water shall be drained into work built or under construction. Water and any other materials generated from the work site shall be disposed of in such a manner that conforms to state and federal waste disposal laws.
(e) At all times the contractor will coordinate all work with the City to minimize waterline shutdowns made pursuant to section 6-8.828.
517
(f) The contractor shall have monitoring performed, in connection with chlorination and sanitization the of newly installed systems, by a current certified California Water Distribution Operator and demonstrate formal training by a certified ELAP laboratory. All charges shall be borne by contractor. (g) The contractor shall disinfect pipelines, valves, hydrants, service laterals, fittings, tanks, and other surfaces exposed to water in accordance with AWWA C651.
Sampling locations shall be in accordance with AWWA C651 and the DDW regulations. (h) The contractor shall dechlorinate and remove pollutants from water flushed from water mains in accordance with AWWA C655 and discharge requirements specified in the City’s Specifications and NPDES permits. (i) Prior to water service being established, the contractor shall complete and pass the hydrostatic pressure, leakage, and disinfection tests prior to connecting any new line to the existing pipe and mains. All tests shall be completed in the presence of the Inspector for recording.
(j) The contractor shall comply with any other requirement set forth in this chapter.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.806. City rights and responsibilities.
(a) The City is responsible for inspections made pursuant to Article 6 of this chapter.
(b) The City reserves the right to install any water facility which will become the property of the City for maintenance and operation. (c) The City shall be responsible for the operation and surveillance of all of the City’s water facilities, including, but not limited to pipelines, treatment facilities, and appurtenances and property up to and including the City’s meter, shall be under the management and control of the City.
(d) No other persons except authorized City employees shall have any right to enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the foregoing or any of the City’s property. In the event that such should occur, all charges and penalties shall be applicable and collected. Such action shall also be in violation of any and all applicable federal, state, and local statutes, ordinances, regulation, and other requirements.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.807. Customer responsibilities.
(a) Provision of water service includes a right-of-way on the customer’s property for the City to gain unobstructed access to the City’s water facilities (e.g., water meter box, fire hydrants, air release valves, etc.) at all times. 518
(b) The customer is obligated to maintain unrestricted and visible access to the customer’s property for the safety of City personnel and to protect the City’s water facilities.
(c) The customer shall comply with any other requirement set forth in this chapter.
(§ 4, Ord. XXX, eff. April XX, 2025)
Article 4: New Service Connection Requirements
Sec. 6-8.808. Connection fees.
Connection fees applicable to all new, improved or expanded service connections will be established from time to time by the City and shall include any fees and/or rates established by IEUA through ordinance.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.809. New service connection.
An applicant shall submit an application for every new, improved or expanded service connection to the Engineering Department. The application shall be accompanied by payment of all appropriate fees. The fee for providing the meter shall include perpetual maintenance.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 810. Application for new service connection.
An applicant requesting service connection(s) for a subdivision, commercial, or industrial development shall submit an application to the Engineering Department. The application shall include, but not limited to, the following information:
(a) Name and address of applicant;
(b) Legal description, location of service connection along the frontage of the property to be served;
(c) Two (2) copies of tentative tract map, plot plan, or parcel map; (d) Meter size of service connection;
(e) Fire flow requirements per Fire Department;
(f) All other required City documents, such as business license; (g) Purpose for which service shall be used; and
519
(h) Other information which City may reasonably require.
The information supplied by the applicant the application shall be considered authoritative and final. If any error in such application shall cause installation of a service connection that is improper, either in size or location, the cost of all changes required shall be borne solely by the applicant. Once the application for water service is completed and signed, all appropriate fees and charges are paid, a service connection is installed, a meter is set , and the water is turned on, the charge for water service shall begin. If water service is not required when the service connection is installed, the water meter shall not be installed and the angle curb stop or valve governing the supply will be left shut off and locked. When service is required, the applicant shall contact the City for water service.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 811. Conditions of service.
Applicants shall be required to accept and consent to such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the City harmless for any damages arising out of low pressure, high pressure, fluctuations in pressure, or interruption of service. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.812. No entitlement to service.
Any water supply assessment or verifications prepared by the City will not entitle the applicant’s project to water service or to any right, priority, or allocation in any supply, capacity, or facility, or affect the City’s obligation to provide service to its customers or potential future customers. In order to receive service, the applicant must meet all of the applicable requirements of this chapter.
(§ 4, Ord. XXX, eff. April XX, 2025)
Article 5: Design and Construction
Sec. 6-8.813. Water system design specifications and guidelines. (a) The water system shall be designed and constructed in accordance with criteria described in the most current City of Ontario “Water Master Plan” and other City published design guidelines, specifications, and standards including but not limited to:
(1) Cross-Connection Control Program, Chapter 8E of Title 6 of the Ontario Municipal Code
(2) Design Development Guidelines and Specifications;
(3) Standard Drawings;
(4) Water Master Plan;
(5) Water Pipeline Construction Specifications; and
(6) Water Pipeline Material Specification and Approved List. 520
Design elements include but are not limited to system layout and pipeline locations, demand and usage, pipe sizing, valving, pressure regulating facilities, air/vacuum release valves, fire hydrants, blow-off appurtenances, service laterals, corrosivity, and tracer wires.
(b) In addition to subsection (a) and (b), design and construction of the water system shall meet the applicable requirements and specifications described in following documents:
(1) This Chapter;
(2) DDW Waterworks Standards Main Separation, California Code of Regulations Title 22, section 64572;
(3) California Fire Code, as it exists or may be amended, for the purposes of fire hydrant location and frequency;
(4) Greenbook; and
(5) Any other requirement or specification the Engineer deems reasonably necessary to ensure compliance with state and federal laws and the reliability and safety of the City’s water system.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.814. Street sub-grade.
If recently installed mains and services are required to be removed, relocated or adjusted to grade as a result of changes requested by the developer or, because of incorrect survey information as to the grade of curbs and street, location of property lines or other utilities, etc., all expenses incurred by making said changes shall be borne solely by the developer. For newly surfaced streets, all trench restoration and resurfacing charges shall be paid by the developer and subject to City street moratorium requirements.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.815. Right-of-way and easements.
Unless otherwise granted in writing by the Engineer:
(a) No public utilities shall be installed in any street or other location not formally dedicated for such use, except by consent of the property owner and the City.
Such consent shall be prepared by the developer, reviewed and approved by the Engineer, in an approved easement deed format provided by the City, and recorded in favor of the City.
(b) Within a utility easement, water main separations shall adhere to the California Code of Regulations Section 64572. Additional minimum separations shall be met for each utility and adhere to this chapter.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.816. Potable pipeline location.
521
Crossing of non-potable lines shall adhere to DDW Waterworks Standards Main Separation requirements as contained in California Code of Regulations Title 22, section 64572. If minimum clearance cannot be achieved, a separation waiver request shall be completed and submitted to the Municipal Utilities Company. The Municipal Utilities Company shall review and if in concurrence, submit the request to DDW for state review and approval pursuant to California Code of Regulations Title 22, section 64511.100.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.817. Fire hydrants.
All fire hydrants shall be installed at a frequency and distance that is consistent with Appendix C and CC of California Fire Code. Fire hydrants shall be installed with a minimum separation of 5-feet from any driveway, street light, power pole, sign, fence, wall, or other development that may obstruct access.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.818. Water service lines.
(a) Service connections shall be installed to the curb or street right-of-way line as determined by the Engineer. The property to be served shall front on or be adjacent to a dedicated public right-of-way wherein the City maintains or can install a standard potable water main.
(b) The developer or applicant shall determine the size of service connections and meters and their location with respect to the boundaries of the premises to be served prior to issuance of building or plumbing permits by the City. (c) Notwithstanding subsection (b), the City may determine the size of the water service lines, the service connections, and the meters. (d) The City shall determine type and size of backflow protection devices for potable water service, in accordance with Chapter 8E of Title 6 of the Ontario Municipal Code, and any and all other appurtenances to the service. (e) The water service line(s) shall be installed to a curb line of the customer’s property, or if no curb, to the customer’s property line, abutting upon a public street, highway, alley, easement, lane, or road (other than a freeway) in which are installed water mains of the City. Water service line(s) should not be done until the exact location of the service connection has been approved by the Engineer. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.819. Service connections.
Unless otherwise granted in writing by the Engineer:
522
(a) Each residence and/ building, excepting condominium and townhouse projects under separate ownership shall must be provided with a single and separate service connection and water meter except under special conditions as determined by the City.
(b) Two (2) or more dwellings or buildings under one (1) ownership and on the same lot or parcel of land shall have separate service connections for each dwelling or building. A separate landscape irrigation meter is required for a property under the conditions described in Chapter 7, Chapter 8A, or Chapter 8C of Title 6 of the Ontario Municipal Code.
(c) The customer’s pipe which connects to the outlet side of the meter shall not be installed until the service connection is completed. If the applicant or developer’s pipe is installed to the outlet side of the meter before the service connection is installed and its location does not correspond with the service connection specified on the application form and improvement plans, then the applicant or developer shall pay the additional cost for completing the service connection from the water main to the outlet side of the meter. The service connection and all equipment appurtenant thereto, including the meter and meter box, shall be the sole property of the City, and no part of the cost thereof shall be refunded to the applicant or developer. (d) The Engineer reserves the right to limit the number of houses or buildings, such as apartments, or the area of land under one ownership to be supplied by one service connection and water meter.
(e) The Engineer may limit the number of service connections to any residential or other project whether under separate or multiple ownership. (f) A service connection and water meter must not be used to supply adjoining property of a different owner, or to supply property of the same owner across a street, or alley.
(g) No service connection shall be installed on the public or private side of any service lateral that is intended to service joint or adjacent parcels of land. (h) When property provided with a service connection and water meter is subdivided, that connection and meter will be considered as serving the lot or parcel of land that it directly or first enters. Additional water mains and/or service lines will be required for all subdivided areas in accordance with this chapter. (i) Every service connection will be equipped with an angle curb stop, or valve, on the inlet side of the meter; that angle curb stop, or valve, is intended exclusively for the use of the City in controlling the water supply through the water service line. If the angle curb stop, or valve, is for any reason damaged by the customer’s use to an extent requiring replacement, the City shall have the right to charge the customer for the cost to replace or repair such angle curb stop, or valve. (j) The City, at its option, may allow connection to the City’s water system by persons outside the City limits. Said connection is at the discretion of the City and may be disconnected upon thirty (30) days’ notice.
523
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.820. Fire service connection.
(a) The valve controlling water flow to the service connection shall be closed when a fire service connection is installed and remain so until a written order is received from the owner or lessee of the premises to have the water turned on. After the water is turned on, the City shall not be held liable for damages of any kind whatsoever that may occur on or to the premises serviced as a result of the installation, maintenance, or use of such service connection, or because of fluctuation of pressure, or interruption of supply.
(b) If water is used through a fire service connection for any other purpose than extinguishing of fires or conducting annual testing of the fire system, the City Manager shall have the right to require a meter on the fire service connection at the owner’s expense or shut off the entire water supply for such premises. Upon the installation of such a meter, the established water rates then in effect for water services shall apply and be imposed for any water service provided to the property. (c) The City shall have the right to take a domestic, commercial, or industrial service connection from the fire service connection at the curb to supply the same premises as that to which the fire service connection belongs. The Engineer shall have the right to determine the proportion of the installation costs properly chargeable to each service connection if such segregation of costs becomes necessary. .The established water rates then in effect for water services shall apply and be imposed for any water service provided to the property.
(d) The Engineer shall require the installation on all fire service connections, a backflow prevention assembly device as determined in Chapter 8E of Title 6 of the Ontario Municipal Code.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.821. Automated meter reading devices.
(a) All new developments shall utilize automated meter reading devices as the standard meter for all new metered services. The cost of the installation for these devices shall be paid and borne solely by the applicant or developer at a cost established from time to time by the City. The City reserves the right to make an installation on the basis of actual cost.
(b) The City shall test each meter prior to installation. (c) The Municipal Utilities Company shall set all meters after acceptance of the installation by the Engineer, and application for service in accordance with Chapter 8B of Title 6 of the Ontario Municipal Code.
(§ 4, Ord. XXX, eff. April XX, 2025)
524
Sec. 6-8.822. Backflow prevention assemblies.
(a) An applicant must provide sufficient information, including plumbing and building plans, to enable the City to determine the level of backflow prevention required.
The proper backflow protection, as determined by the City, shall be installed, and inspected before water service is provided.
(b) Backflow protection assemblies shall be installed in accordance with the City’s standard drawings and Chapter 8E of Title 6 of the Ontario Municipal Code. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.823. Service relocation.
(a) The City reserves the right to relocate or modify the existing service connection, at any time, upon notification to the consumer. (b) Whenever service connections, meters, fire hydrants, or other appurtenances are requested to be moved by a customer, the charges for such service relocation shall be borne and solely paid by the customer at the actual cost. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.824. Temporary service connection.
(a) An applicant shall submit an application for temporary service to a property to the Engineer for his or her review and recommendation. Before any temporary service shall be installed, the applicant shall agree to the following:
(1) Pay the cost of the temporary service connection, appropriate deposit, and the cost of all water delivered to the property; (2) Not to provide water for or to any other property;
(3) Pay appropriate charges for a permanent service connection for the property when a water main is available and the cost, if any, for removal of the temporary service connection; and
(4) All temporary service connections shall be limited to six (6) months unless an extension is granted by the City Manager.
(5) The applicant or contractor shall be held responsible for loss or damage to the meter from the time it is installed until it is removed, or until 48 hours after notice in writing has been given to the City that the contractor or other person is finished using the meter. In the event that a meter is stolen, it will be at the City's sole discretion whether the deposit shall be forfeited. If a replacement meter is requested, a new deposit and application may be required for the replacement meter.
(6) Flows through a 3-inch or larger temporary service fire hydrant meter shall be limited to a maximum of 330 gallons per minute, unless otherwise authorized in writing at the time of application. Any deliberate attempt on the part of the applicant or user to increase the flow is just cause for the City to discontinue service.
525
(7) The City reserves the right to interrupt service without notice if such usage is causing pressure in the system to drop below an acceptable range. (8) Each temporary service customer shall make every attempt to maintain a constant flow through the meter. To achieve this requirement, the customer may be required to provide and install a storage facility (construction tank, small interim reservoir, etc.) at the sole expense of the customer, approved by the City, in conjunction with the meter.
(9) When using fire hydrants for temporary service connections, no more than one outlet per hydrant shall be used for this purpose and shall be accompanied by a tested and properly functioning backflow prevention assembly in accordance with Chapter 8E of Title 6 of the Ontario Municipal Code. (b) Temporary service connections are primarily installed for the convenience and use of Contractors during construction work.
(c) All meters for temporary service connections shall be installed by the City and secured to the desired fire hydrant with a City locking device and lock. These meters shall remain at this location until such time the responsible person requests it to be moved or removed pursuant to section 6-8.223.
(§ 4, Ord. XXX, eff. April XX, 2025)
Article 6: Monitoring and Inspection
Sec. 6-8. 825. Inspection.
(a) The City Inspector shall inspect all facilities installed by the contractor to insure compliance with the improvement plans, design specifications and requirements as described in section 6-8.813.
(b) Upon completion of the installation and backfill of newly installed systems, and prior to filling the pipeline with water for the pressure test, the contractor shall notify the City that the pipeline system is ready for video inspection. Said notification shall be made at least three working days in advance of the actual video inspection date. The video inspection will be made by a video inspection company approved by the City shall be made in the presence of the City’s Inspector.
(1) The video inspection company shall provide the City with the color DVD or electronic video file and a written report detailing the condition of the interior of the mainline and joints. Subsequent to review of the video file and report by the City, the City will notify the contractor within 3 business days that they may then proceed with the filling, testing, and disinfection of the pipeline; or the City will provide a list of corrective measures that must occur prior to acceptance.
(2) Should remedial activities be necessary, the reconstruction methodology shall be approved by the City prior to commencement of the work.
Upon completion of the remedial construction, the contractor shall once again notify the City that the newly installed systems are ready for a video inspection.
The City reserves the right to re-video any portions of the water system they determine may have been affected by the reconstruction work activities. 526
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.826. Pressure and leakage testing.
(a) A minimum 4-hour hydrostatic pressure test shall be performed and successfully completed in accordance with AWWA C600 or C605. (b) The contractor shall apply test pressures at an approved outlet or fitting located within 5 feet vertically of the lowest point of each pipe section to be tested and securely plug such fittings. Where air valves or other suitable outlets are unavailable, the contractor shall provide approved taps and fittings for air release, and securely plug these.
(c) Flushing of mains with water at a velocity of at least 2.5 feet per second over its entire length shall be performed using an eccentric reducer. Velocity through outlets and fittings shall not exceed 25 feet per second during flushing. (d) Leakage shall be computed as the total quantity of water pumped into the pipeline during the test period, including water added to reach the specified test pressure for the final time. Leakage shall not exceed the rate specified for the type of pipe tested. The contractor shall repeat the testing until the leakage does not exceed the specified leakage rate. The contractor shall repair all visible leaks regardless of the amount of leakage at their sole expense. All tests shall be completed in the presence of the City Inspector who shall record the results.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.827. Bacteriological sampling and testing.
(a) Prior to bacteriological tests, an application for shutdown must be submitted pursuant to section 6-8.828.
(b) Bacteriological tests shall be analyzed by a certified ELAP laboratory with approved fields of testing for said matrix.
(c) Passing bacteriological tests on two (2) consecutive days shall be achieved prior to connecting the pipeline to the existing water system or placing the pipeline into service. Satisfactory bacteriological results shall conform to the following:
(1) No total or fecal coliform.
(2) A heterotrophic plate count less than 200 colony-forming units (CFU) per milliliter (mL).
(3) Presence of chlorine residual at or below a concentration that does not interfere with the bacteriological testing and compromise the results. (d) If the initial chlorination fails to produce two (2) consecutive days of passing bacteriological tests, chlorination shall be repeated until two (2) consecutive days of passing bacteriological tests are achieved.
527
(1) If the third attempt fails to obtain two (2) consecutive days of passing bacteriological test, then the City reserves the right, and at the sole expense of the contractor, to have the contractor clean the newly installed pipeline using a high-velocity flow that produces a neutral output discharge or other technology that removes excessive dirt or debris that has entered in the new installation that conforms to water conversation and NPDES requirements. (e) Laboratory reports shall be furnished upon issuance to the City and shall include, but not be limited to chain of custody, lab work sheet or summary letter imprinted with the laboratory’s name, address, and phone number. The report shall specify the field tests, laboratory analysis and results, and shall be signed by the laboratory director. The Engineer may require that laboratory reports be accompanied with any other form or document to ensure compliance with this section. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.828. Shutdowns.
(a) Shutdown of the City’s in service potable lines shall be requested through an application. Said application shall be submitted to the City ten (10) working days before the first bacteriological test begins.
(b) Shutdowns are generally performed during Monday through Thursday between 9:00 AM and 4:00 PM, unless granted in writing by the Engineer. (c) The Inspector shall sign off the application when all bacteriological testing has passed, and results are accepted by the City.
(d) After all bacteriological tests have passed, the contractor or developer shall have ten working days to perform the shutdown. If there is failure to perform the shutdown within the ten working day window, bacteriological testing shall be performed once to insure pipeline sterility has been maintained.
(e) Water will be turned on when pipeline has passed all bacteriological testing. There are no exceptions.
(f) For non-steel pipelines, 16-inches or less, the maximum time allowed is six(6) hours unless granted in writing by the Engineer. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.829. Title of water facilities.
Title to all water facilities, whether installed by the City or a developer, shall be vested in the City upon completion of all work, testing, chlorination, inspection and acceptance for use.
(§ 4, Ord. XXX, eff. April XX, 2025)
Article 7: Operation and Maintenance
528
Sec. 6-8. 830. Service connection maintained by Municipal Utilities Company. (a) The Municipal Utilities Company shall maintain the service connection extending from the water main to the meter. The applicant shall install and maintain all pipes and fixtures extending or lying on the outlet side of the meter, excluding a City provided shutoff valve, 12-inch brass nipple and coupling. The Municipal Utilities Company shall set and maintain a meter on each service connection and the customer or owner shall be held liable for any damage to the meter due to his or her negligence.
Every service connection shall be equipped with an angle curb stop, or valve, on the inlet side of the meter. Such valve or angle curb stop is intended for the exclusive use of the Municipal Utilities Company to control the water supply through a service connection. If the angle curb stop, or valve, is damaged due to the customer or owners use or negligence, the customer or owner shall be liable for replacement costs. (b) The City assumes no responsibility for the maintenance and operation of a customer’s water system beyond the service connection and point of ownership by the City. All plumbing, water piping, fixtures, connections, devices and related appurtenances beyond the service connection, and beyond the City’s point of ownership, shall be maintained by the customer in “good standing condition”. (§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 831. City right of ingress to and egress from customer’s property.
The City shall have the right of ingress to and egress from the customer’s property during reasonable hours for any purpose reasonably related to the furnishing of water services and the exercise of any and all rights secured to it by law or these rules, including inspection of the consumer’s customer’s piping and equipment for compliance with the Municipal Code and these rules.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 832. City access.
A customer shall provide and maintain reasonable access for City representatives to all service connections, meters, back-flow prevention devices, or other facilities pertinent to water service installed on his or her premises.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.833. Obstruction of or deposit of material in meter boxes or hydrants. (a) No person shall place, dispose, or deposit or permit the placement, disposal or deposit of oil, toxic, hazardous or contaminated liquid or waste, trash, dirt, building materials or other substances, objects or obstructions in, on or around meter boxes, and it shall be the responsibility of each applicant, owner, or customer to prevent meter boxes, City hydrants or other City facilities from becoming obstructed or obscured by such applicant, owner, or customer’s trees, shrubs, plants or in any other manner so as to impede their use or access to them or make their location difficult to determine. 529
(b) The City shall not be held responsible nor liable for any damage or cost for the replacement or repair of any ground cover and/or plants, shrubs, or other obstructions, which may be removed or damaged while City personnel are using the right-of-way or easements.
(c) If such substances, objects or obstructions are not cleaned and removed or are permitted to obscure or impede such facilities, the City may, after providing reasonable notice to the applicant, developer, customer, or owner accomplish the cleaning and removal and charge the applicant, developer, customer, or owner for the cost of doing so.
(d) The applicant, developer, customer, or owner’s failure to comply with the clearance and right-of-way obligations set forth in this chapter shall be deemed a violation of the chapter and termination of service.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 834. Quick-closing valves(or other devices).
No person shall not install any quick-closing valves or other equipment or device which shall cause excessive pressure surges in the City water system without prior written approval by the Engineer.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.835. Change in size of connection or meter.
Where a change or size increase of an existing service connection or meter is requested by a customer, the charges shall be the same as for a new service and any fees not previously paid shall be required.
(§ 4, Ord. XXX, eff. April XX, 2025)
Sec. 6-8. 836. Emergency repairs.
The City shall not accept any responsibility for the maintenance of pressure and reserves the right to discontinue service while making emergency repairs, and the like.
Customers depending upon a continuous supply should provide emergency storage. (§ 4, Ord. XXX, eff. April XX, 2025)
Article 8: Violations
Sec. 6-8.837. Violations.
It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to any of the following acts:
(a) Denial of an application;
530
(b) Termination of service; and
(c) Penalties pursuant to Chapter 2 of Title 1 of the Municipal Code. (§ 4, Ord. XXX, eff. April XX, 2025)
531
EXHIBIT D
CHAPTER 8E: CROSS-CONNECTION CONTROL
Article 1: General Provisions
6-8.900 Purpose
6-8.901 Applicability
6-8.902 Cross-Connection Control Coordinator
6-8.903 Other applicable rules and regulations
6-8.904 Severability
Article 2: Definitions
6-8.905 Definitions
Article 3: Protection Requirements
6-8.906 Backflow and unauthorized connections prohibited 6-8.907 Backflow installation
6-8.908 Entry and inspection
6-8.909 Backflow prevention assembly type
6-8.910 Where protection is required
6-8.911 Type of protection required
Article 4: Inspection, Testing, Maintenance Requirements 6-8.912 Inspection and testing of protective assemblies 6-8.913 Maintenance of backflow prevention assemblies
6-8.914 Replacement of protective assemblies
Article 5: Notifications
6-8.915 Annual backflow testing notifications
6-8.916 Notice to install
6-8.917 Notice of violation
Article 6: Reporting Requirements
6-8.918 Reporting backflow test results
6-8.919 Reporting of pollution or contamination
Article 7: Administrative Remedies
6-8.920 Water service termination
Article 1: General Provisions
Sec. 6-8.900 Purpose.
(a) The purpose of this chapter is to protect the City’s potable water supply against actual or potential cross-connections from private on-site systems by isolating on-premises contamination or pollution that may occur due to undiscovered or unauthorized on-site cross-connections. This chapter is intended to protect the City’s distribution system through premises containment and is not intended to provide regulatory measures for protecting users from the hazards of cross-connections within 532
their own premises. Notwithstanding the provisions in this chapter, the City accepts no responsibility for cross-connections or resulting hazards or contamination. (b) This chapter is intended to comply with the State Water Board’s CrossConnection Control Policy Handbook and shall be in addition to, and not in lieu of, the controls and requirements of other regulatory agencies, such as local government agencies and local and State Health Departments. To the extent anything in the provisions within this chapter conflict with applicable laws or regulations, as may be amended from time to time, the provisions of such laws or regulations, including the Cross-Connection Control Policy Handbook, shall control. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.901 Applicability.
The requirements imposed by this chapter shall apply to all potable water, irrigation, and fire service connections from the City.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.902 Cross-Connection Control Coordinator.
The City has developed an active Cross-Connection Control Program (“Program”) and designated a Cross-Connection Control Coordinator (“Coordinator”) for the Program.
The Coordinator shall maintain status as a cross-connection control specialist and be responsible for the development of, and the reporting, tracking, and other administrative duties of the Program. The Coordinator, or his/her designee, and the City Manager, or his/her designee, are authorized to administer and enforce this chapter and the Program.
Any questions or notifications regarding these provisions or the program should be directed to the Coordinator or the City Manager, or his/her designee. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.903. Other applicable rules and regulations.
Other guidelines, rules and regulations, ordinances, and specifications that may be applied by the Coordinator and/or the City Manager when administering and enforcing the Program include but are not limited to:
(a) Water Programs (Title 40, Chapter 1, Subchapter D of the Code of Federal Regulations.)
(b) Drinking Water (Division 104, Part 12 of the California Health and Safety Code.)
(c) Environmental Health (Title 22, Division 4 of the California Code of Regulations.)
533
(d) State Water Board’s Cross-Connection Control Policy Handbook (adopted December 19, 2023.)
(e) Manual of Cross-Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA. Current Edition.
(f) EPA-570/9-89-007 Cross-Connection Control Manual, prepared by the U.S. Environmental Protection Agency.
(g) Uniform Plumbing Code, published by IAPMO, Current Edition. (h) Manual M-14, published by AWWA, Current Edition.
(i) Water conservation provisions as established in the Chapter 8A of Title 6 of the Ontario Municipal Code
(j) Water services and fees provisions as established in the Chapter 8B of Title 6 of the Ontario Municipal Code
(k) Recycled water use provisions as established in the Chapter 8C of Title 6 of the Ontario Municipal Code
(l) Design and construction of water facilities provisions as established in Chapter 8D of Title 6 of the Ontario Municipal Code
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.904 Severability.
If any section, subsection, sentence, clause or phrase of this chapter establishing rules and regulations for the use of potable water is for any reason found to be invalid or unconstitutional, such decision shall not affect the remaining portions of this chapter. (§ 5, Ord. XXX, eff. April XX, 2025)
Article 2: Definitions
Sec. 6-8.905. Definitions.
(a) “Air-gap separation” or “AG” shall mean a physical vertical separation of at least two (2) times the effective pipe diameter between the free-flowing discharge end of a potable water supply pipeline and the flood level of an open or non-pressurized receiving vessel, and in no case less than one (1) inch. (b) "ANSI” shall mean the American National Standards Institute. (c) “ANSI ISO 17024 accredited certifying organization” shall mean a State Water Board-recognized organization certifying backflow prevention assembly testers and meets CCCPH testing and performance standards.
534
(d) “Applicant” shall mean any person, firm, corporation, association, or agency who desires to obtain water, sewer, and/or recycled water service from the City. (e) "Approved water supply” shall mean a water source that has been approved by the State Water Board for domestic use in a public water system and designated as such in a domestic water supply permit issued pursuant to section 116525 of the California Health and Safety Code.
(f) "Auxiliary water supply” shall mean a source of water, other than an approved water supply, that is either used or equipped, or can be equipped, to be used as a water supply and is located on the premises of, or available to, a customer. (g) "Backflow” shall mean an undesired or unintended reversal of flow of water and/or other liquids, gases, or other substances into the City’s water potable system.
(h) “Backflow prevention assembly” or “BPA” shall mean a mechanical assembly designed and constructed to prevent backflow, such that while in-line it can be maintained and its ability to prevent backflow, as designed, can be field tested, inspected and evaluated.
(i) “Backflow prevention assembly tester” shall mean a person who is certified by an American National Standards Institute ANSI ISO 17024 accredited certifying organization and holds a valid certification. (j) “Backsiphonage” shall mean a form of backflow due to a reduction in system pressure, which causes a sub-atmospheric pressure to exist in the water system.
(k) “City” shall mean the City of Ontario, California.
(l) “City Council” shall mean the City Council of the City of Ontario, California. (m) “City Manager” shall mean the City Manager of the City of Ontario, or his or her authorized representative.
(n) "Contaminants” shall mean any substance that shall impair the quality of water, in such a way as to create an actual hazard to the public health through poisoning, the spread of disease, etc.
(o) "Cross-connection” shall mean any actual or potential connection or structural arrangement between a public water system, including a piping system connection to the City’s distribution system and located on the premises of a customer or available to the customer, and any source or distribution system containing liquid, gas, or other substances not from an approved water supply. (p) "Cross-Connection Control Policy Handbook” or “CCCPH” shall mean the State Water Board’s Cross-Connection Control Policy Handbook, which are standards and principles for California’s Public Water Systems.
535
(q) “Customer” shall mean a person, firm, or corporation who is the recipient of water service from the City.
(r) "Degree of Hazard” shall mean either a pollutant (non-health hazard) or contaminant (health hazard); derived from the assessment of the materials, which may come in contact with the City’s distribution system through a cross-connection. (s) "Distribution system” has the same meaning as defined in section 63750.50 of the California Code of Regulations, Title 22, Division 4, Chapter 2. (t) "Double check detector backflow prevention assembly” or “DCDA” shall mean a double check valve backflow prevention assembly that includes a bypass with a water meter and double check backflow prevention assembly, with the bypass’s water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.
(u) “Double check detector backflow prevention assembly – type II” or “DCDA-II” shall mean a double check valve backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. This type of assembly may only be used to isolate low hazard cross-connections.
(v) “Double check valve backflow prevention assembly” or “DC” shall mean an assembly consisting of two independently acting internally loaded check valves, with tightly closing shut-off valves located at each end of the assembly (upstream and downstream of the two check valves) and fitted with test cocks that enable accurate field testing of the assembly. This type of assembly may only be used to isolate low hazard cross-connections.
(w) "Fire protection system” shall mean automatic fire sprinkler installations and/or private onsite fire hydrants served with potable water through a separate service connection.
(x) "Hazard Assessment” shall mean an evaluation of an applicant, owner, or customer’s premises designed to evaluate the types and degrees of hazard at a user’s premises.
(y) "High hazard cross-connection” shall mean a cross-connection that poses a threat to the potability or safety of the City’s water supply. Materials entering the City’s water supply through a high hazard cross-connection are contaminants or health hazards.
(z) “Low hazard cross-connection” shall mean a cross-connection that has been found to not pose a threat to the potability or safety of the public water supply but may adversely affect the aesthetic quality of the potable water supply. Materials entering the public water supply through a low hazard cross-connection are pollutants or non-health hazards.
536
(aa) "ISO” shall mean the International Organization for Standardization. (bb) "Premises” shall mean the lot, parcel, or property to which potable water is being supplied by the City or for which potable water service has been requested. (cc) “Premises containment” shall mean protection of the City’s distribution system from backflow from a customer’s premises through the installation of one or more air-gaps or BPAs, installed as close as practical to the user’s service connection, in a manner that isolates the customer’s water supply from the City’s distribution system.
(dd) "Potable water” shall mean water furnished to the customer which meets applicable local, state and federal drinking water standards. (ee) “Pollutants” shall mean any substance that impairs the quality of the water to a degree, which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
(ff) "Readily accessible” shall mean capable of being reached for testing and/or maintenance, without the need of removing any access panel, door, or similar obstruction.
(gg) "Reduced pressure principle backflow prevention assembly” or “RP” shall mean an assembly with two independently acting internally loaded check valves, with a hydraulically operating mechanically independent differential-pressure relief valve located between the check valves and below the upstream check valve. The assembly shall have shut-off valves located upstream and downstream of the two check valves, and test cocks to enable accurate field testing of the assembly. (hh) “Reduced pressure principle detector backflow prevention assembly” or “RPDA” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass with a water meter and reduced pressure principle backflow prevention assembly, with the bypass’ water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. (ii) “Reduced pressure principle detector backflow prevention assembly – type II” or “RPDA-II” shall mean a reduced pressure principle backflow prevention assembly that includes a bypass around the second check, with the bypass having a single check valve and a water meter accurately registering flow rates up to two gallons per minute and visually showing a registration for all rates of flow. (jj) "Service connection” shall mean the terminal end of a service connection from the City’s distribution system (i.e., where the City may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system) and the point in a water system where the City’s water supply can be protected from backflow using an air-gap or backflow prevention assembly. If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.
537
(kk) "State Water Board” shall mean the California State Water Resources Control Board.
(§ 5, Ord. XXX, eff. April XX, 2025)
Article 3: Protection Requirements
Sec. 6-8.906. Backflow and unauthorized connections prohibited. (a) No person is permitted to cause, permit, facilitate or maintain an actual or potential cross-connection or any type of connection that permits an actual or potential backflow of water to the City’s distribution system.
(b) No physical connection shall hereafter exist, or be installed, located, maintained or operated, between the City’s distribution system (including its appurtenant mains, pipes, fixtures, equipment or appliances) and any other water supply system or any sewer or drainage system, or any steam, gas or chemical line, pipe or conduit, or any device, boiler tank or container whereby a contamination or pollution or any dangerous, impure, unsanitary or nonpotable substance (solid, liquid, or gaseous or any combination thereof) may now, or hereafter be introduced into any portion of City’s distribution system by backflow, backsiphonage, or any other method, manner, means, or cause whatsoever.
(c) It is unlawful for any person to make a permanent or temporary connection onto a backflow prevention assembly for the purpose of bypassing the backflow prevention assembly.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.907. Backflow installation.
(a) No person is permitted to install, maintain, or allow a metered water service connection to any premises served by the City unless the City’s distribution system is protected in conformance with applicable State law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter. Any person who is required to install an approved backflow prevention assembly must install, maintain, inspect and test such assembly in accordance with applicable State law or regulation (including the Cross-Connection Control Policy Handbook) and this chapter at the applicant, owner, or customer’s own expense and within the time specified for installation. Every backflow prevention assembly required by law, regulation, or this chapter must be of model and size approved by the City. Failure, refusal or inability on the part of the applicant, owner, or customer to install said assembly or assemblies constitutes grounds for discontinuing water service to such metered or non-metered water service connections until such assembly or assemblies have been properly installed.
(b) Backflow prevention assemblies shall be installed on the premises, in accordance with the City's standards, before the first branch line leading off the service and not on the City’s portion of the system. Backflow prevention assemblies shall be located as close as practical to the applicant, owner, or customer’s service connection, 538
or at a location approved by the City. Backflow prevention assemblies shall be readily accessible for testing and maintenance and no device shall be submerged at any time. (c) All backflow prevention assemblies required by this chapter shall be installed in accordance with any and all criteria set forth in Cross-Connection Control Policy Handbook section 3.3.2.
(d) Notwithstanding subsection (a), the City maintains the right to install, test, and maintain a backflow prevention assembly on premises where water service is provided. The cost thereof shall be borne by the applicant, owner, or customer. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.908. Entry and inspection.
All applicant, owner, or customer systems and premises shall be open for inspection at all reasonable times to authorized representatives of the City to enable the City to ascertain the existence of cross-connections or other structural or sanitary hazards, including violations of the cross-connection rules and regulations in this chapter. When such a condition becomes known, the City shall deny or discontinue service to the premises, in accordance with this chapter. Water service will be discontinued until the applicant, owner, or customer has corrected the condition(s) in conformance with State laws and City requirements relating to plumbing and water supplies, and with regulations adopted pursuant thereto.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.909. Backflow prevention assembly type.
Newly installed and replaced backflow prevention assemblies required in this chapter shall be of models approved by the City. Approved backflow prevention assemblies meet one of the following requirements:
(a) Air-gaps (“AG”) shall meet the requirements in Table 1, Minimum Air Gaps for Generally used Plumbing Fixtures, page 4 of the American Society of Mechanical Engineers (ASME) A112.1.2- 2012 (R2017);
(b) Double check valve backflow prevention assemblies (“DC”) and reduced pressure principle backflow prevention assemblies (“RP”) shall be inspected, tested, and approved under the standards established in the Manual of Cross-Connection Control, published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, University Park, Los Angeles, CA. Current Edition.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.910. Where protection is required.
Backflow protection for the City’s potable water supply shall be provided on each water service connection downstream of the water meter but before the structural dwelling to:
539
(a) Premises having an auxiliary water supply such as recycled or nonpotable water systems; (b) Premises on which any substance is handled in such fashion that could permit entry into the water system. This shall include the handling of process waters and waters originating from the City’s distribution system that have been subject to deterioration in sanitary quality;
(c) Premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard. Examples of premises where actual, or potential, health hazards, or conditions will exist include, but are not limited to, the following: sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries, plating works, etc; (d) Premises that have pressurized equipment installed; (e) Premises that have landscape where potable water is used to irrigate; (f) Premises that have fire protection systems installed; (g) Premises that have internal cross-connections, unless such crossconnections are abated to the satisfaction of the City and approved by the state or local health agency;
(h) Premises having intricate plumbing and piping arrangements or where not all portions of the premises are readily accessible for inspection purposes; (i) Premises having a repeated history of cross-connections being established or re-established;
(j) Premises being served water through a temporary above ground water service connection;
(k) Premises having a change in customer (either owner or tenant) on any commercial or industrial premise(s) where a backflow prevention assembly is not installed, the new or previous owner or customer shall notify the City immediately. The City will then reassess the level of protection required. Also, any alterations or improvements to existing onsite facilities that may affect the level of protection required must be reported immediately to the City to be evaluated; and, (l) Premises that meet the definition of high-hazard cross-connection control premise under Appendix D of the Cross-Connection Control Policy Handbook. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.911. Type of protection required.
540
(a) The type of protection required on potable water services is related to the degree of hazard that exists on the premises as specified in this chapter and Appendix D of the Cross-Connection Control Policy Handbook.
(b) The type of protective device authorized for potable water services is a reduced pressure principle backflow prevention assembly (“RP”). This includes premises that utilize a single potable water service to a dwelling and irrigating landscape.
(c) Premises identified as a high hazard cross-connection control premise shall install a reduced pressure principle backflow prevention assembly (“RP”) or air-gap separation (“AG”), or both. Customers shall comply with any additional requirements or degrees of protection for particular high hazard cross-connections set forth in Appendix D of the Cross-Connection Control Policy Handbook.
(d) Except for low hazard fire protection systems that meet the criteria forth in Cross-Connection Control Policy Handbook section 3.3.2.(e)(3), fire protection systems shall be protected with either double check detector backflow prevention assembly (“DCDA” or “DCDA-type II”) or reduced pressure principle detector backflow prevention assembly (“RPDA” or “RPDA-type II”).
(e) Dedicated service for the sole purpose of irrigating landscape with potable water shall be protected with a reduced pressure principle backflow prevention assembly (“RP”). Pressure vacuum breakers are not allowed to be installed on dedicated irrigation lines.
(§ 5, Ord. XXX, eff. April XX, 2025)
Article 4: Inspection, Testing, and Maintenance Requirements Sec. 6-8.912. Inspection and testing of protective assemblies. (a) It shall be the duty and the sole responsibility of the applicant, owner, or customer of any premises on which backflow prevention assemblies are installed to have inspections and testing made at least once a calendar year, or more often in those instances where successive inspections indicate repeated failure. All inspections and testing shall be performed by a certified backflow prevention assembly tester that meets all requirements set forth in the State Water Board’s Cross-Connection Control Policy Handbook.
(b) Backflow prevention assemblies shall also be tested immediately after they are installed, relocated or repaired and shall not be placed in service unless they are functioning as designed.
(c) Whenever a backflow prevention assembly tester observes a backflow incident or an unprotected cross-connection at a backflow prevention assembly or prior to the applicant, owner, or customer’s premises, the backflow prevention assembly tester shall notify the City within twenty-four (24) hours. The City shall immediately discontinue water service to the premises and conduct an investigation. Water service shall not be restored until the City receives confirmation of a passing test. 541
(d) Premises with air-gap separations shall be visually inspected at least annually to determine compliance with this chapter by a person certified as backflow prevention assembly tester or certified cross-connection control specialist pursuant to the State Water Board’s Cross-Connection Control Policy Handbook. (e) From time to time, representatives of any health agency having jurisdiction and/or the City may conduct evaluations of any premises where water service is provided by the City. The purpose of such evaluations is to determine if any actual or potential cross-connections exist, if there are any unapproved uses, and to assess compliance with applicable laws and regulations. applicant, owner, or customer shall provide reasonable cooperation in facilitating such evaluations. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.913. Maintenance of backflow prevention assemblies (a) The applicant, owner, or customer shall notify the City any time a backflow prevention assembly is repaired, replaced, or relocated. (b) A backflow prevention assembly shall be repaired or replaced by, and at the sole expense of the applicant, owner, or customer whenever it is found to not function properly as designed. A backflow prevention assembly that fails a test or inspection pursuant to section 6-8.912 must be repaired or replaced within thirty (30) days of notification of the failure.
(c) Records of all tests and repairs shall be maintained by the applicant, owner, or customer and submitted to the City in accordance with section 6-8.918. The City may request records regarding any backflow prevention assemblies on the premises.
(d) A backflow prevention assembly may be removed for repair or replacement, provided that water service is discontinued until repair or replacement is completed and the assembly is returned to service, or the service connection is equipped with other backflow protection approved by the City. A retest shall be performed immediately following the repair or replacement of the assembly. (e) A backflow prevention assembly may be relocated following confirmation by the City that the relocation will continue to provide the required protection and satisfy installation requirements. A retest shall be performed immediately following the relocation of the assembly before water service is restored. (§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.914. Replacement of protective assemblies.
Whenever an existing backflow prevention assembly is to be moved from its present location, or when it requires more than minimum maintenance, or when the City finds that the improper maintenance of the assembly constitutes a hazard to health, the 542
assembly shall be replaced by the owner with a backflow prevention assembly meeting the requirements of this chapter.
(§ 5, Ord. XXX, eff. April XX, 2025)
Article 5: Notifications
Sec. 6-8.915. Annual backflow testing notifications.
The City will provide annual testing notifications to an owner or customer’s premise as follows:
(a) First Notice. The City will notify the owner or customers when routine backflow prevention assembly testing is needed. The notice will include the date when the test shall be completed by forty-five (45) days after the date of the notice. (b) Second Notice. A second notice shall be sent to each owner or customer that does not have the backflow prevention assembly tested as prescribed in the first notice within the time allowed. The second notice will give the owner or customer a twenty-one (21) day period to have the backflow prevention assembly tested or take other corrective action.
(c) Notice of Non-compliance. If no action is taken within the 21-day period, then a Notice of Non-compliance will be sent to the owner or customer giving the owner or customer a final ten (10) day period to have the assembly tested or take other corrective action.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.916. Notice to install.
The City shall survey its service area and conduct a hazard assessment as required by Chapter 3, Article 2 of the Cross-Connection Control Policy Handbook. The City shall issue a Notice to Install for all premises assessed and determined to require approved backflow prevention assembly. A backflow prevention assembly shall be installed in accordance with this chapter within ninety (90) days from the date of the Notice to Install.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.917. Notice of violation.
It shall be the applicant, owner, or customer’s responsibility to ensure backflow prevention assemblies are installed appropriately and demonstrate the assembly is functioning adequately as designed. Failure to install or demonstrate the proper functioning of backflow prevention assemblies by the due date prescribed in section 6-
8.915 or 6-8.916, or re-test based on criteria described in section 6-8.913, shall be considered non-compliant with this chapter. A Notice of Violation shall be issued stating the cause of non-compliance with this chapter, when water services will be discontinued, corrective actions the owner or customer shall take to correct the 543
deficiency or violation, and administrative fees to restore water service as prescribed in Chapter 8B of Title 6 of the Ontario Municipal Code.
(§ 5, Ord. XXX, eff. April XX, 2025)
Article 6: Reporting Requirements
Sec. 6-8.918. Reporting backflow test results.
The City uses a unified cross-connection software system for the management and reporting of backflow prevention assemblies. Test results shall be electronically submitted to the City through an electronic portal by the due date prescribed in Section 6-8.916 or 6-8.917 or when a device has been subjected to the criteria described in Section 6-8.914. Copies of the completed forms shall also be sent to the local health department. The City will maintain records in accordance with Cross-Connection Control Policy Handbook section 3.5.1.
(§ 5, Ord. XXX, eff. April XX, 2025)
Sec. 6-8.919. Reporting of pollution or contamination.
In the event of contamination or pollution of the City’s distribution system due to a crossconnection on the premises, the local health officer and City shall be promptly advised by the person responsible for the premise so that appropriate measures may be taken to mitigate the contamination or pollution.
(§ 5, Ord. XXX, eff. April XX, 2025)
Article 7: Administrative Remedies
Sec. 6-8.920. Water service termination.
(a) If the City determines that water uses or conditions encountered represent a clear and immediate hazard to the City’s potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing water service. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following:
(1) Refusal to install a required backflow prevention assembly. (2) Refusal to test a backflow prevention assembly.
(3) Refusal to repair a faulty backflow prevention assembly. (4) Refusal to replace a faulty backflow prevention assembly. (5) Direct or indirect connection between the City’s distribution system and a sewer system.
(6) Unprotected direct or indirect connection between the City’s distribution system and a system or equipment containing contaminants. (7) Unprotected direct or indirect connection between the City’s distribution system and an auxiliary water system.
544
(8) A situation which presents an immediate health hazard to the City’s distribution system, as determined by the State Water Board, health agency or the City.
(b) For conditions described in §§ 6-8.921(a)(1)-(4), the City will terminate service to an applicant, owner, or customer’s premise(s) if no action is taken within the due date provided in the Notice of Non-Compliance as described in §§ 6-8.915(c). A final Notice of Violation shall be provided to the applicant, owner, or customer, prescribing the necessary actions to comply with this chapter, state, and federal regulatory requirements, and administrative penalties to restore water service. (b)Water service will be terminated and remain turned off until the assembly is tested and passes the test or other corrective action is taken and approved by the City in accordance with this chapter. Administrative fees to restore water service shall be paid in advance of the water being turned on.
(c) For conditions described in §§ 6-8.921(a)(5)-(8), the City will make reasonable effort to advise the applicant, owner, or customer of intent to terminate water service. Then, the City will terminate the water service and lock the service valve in the closed position. Water service will not be reinstated until correction of all violations has been approved by the City. Failure to correct the violations may result in permanent termination of water service in accordance with this chapter. (§ 5, Ord. XXX, eff. April XX, 2025)
545
Department: Communications and Community
Relations
Prepared By: Vanny Khu
Department:
Prepared By: Karla Tavera
Staff Member Presenting: Dan Bell,
Communications and Community Relations
Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WINDSONG PRODUCTIONS, LLC. FOR VIDEO PRODUCTION SERVICES
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 4 to the Professional Services Agreement with Windsong Productions, LLC., of Fresno, California, for video production services in the amount of $619,544 for a total not-to-exceed amount of $1,727,380 and to extend the term of the agreement to June 30, 2026.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT: The Fiscal Year 2024-25 Adopted Budget includes appropriations of $209,896 in Economic Development and $32,945 in the Management Services for video production services from Windsong Productions, LLC. (Windsong). If approved, appropriations will be included in future Annual Budgets to City Council for approval as needed. The recommended Amendment No. 4 increases the total authorized contract amount by $619,544 with a new not-to-exceed total of $1,727,380.
BACKGROUND & ANALYSIS: On November 2, 2021, the City executed a Professional Services Agreement with Windsong for video production services following a competitive Request for Proposals process for a not-to-exceed amount of $235,000. Since then, it was clarified that the $235,000 amount only covered the cost of services for the initial year of the Agreement term (Fiscal Year 2021-22). The vendor was asked to provide cost projections through the end of the Agreement term (Fiscal Year 2023-24). On October 18, 2022, the City Council approved Amendment No. 1 to add the total cost of services for the entire agreement term, bringing the new not-to-exceed amount to $753,312. The City Council approved Amendment No. 2 on February 6, 2024, to expand the scope of services and increase the not-to-exceed amount to $815,047. 546
Pursuant to the original Agreement, the City has the sole discretion to renew for two additional oneyear terms. Amendment No. 3 was approved by the City Council on July 2, 2024, to extend the term for the first additional one-year term and increase the agreement amount by $292,789 to cover the services during Fiscal Year 2024-25, bringing the new not-to-exceed amount to $1,107,836.
Video production services are a critical component of the City's marketing and advertising efforts, allowing the City to create engaging visual content that showcases businesses, projects, and various City initiatives to the public. Windsong's services are utilized for the Made in Ontario series, the annual State of the City video, and other promotional videos highlighting City-hosted events.
To ensure the continuation of these essential services, Amendment No. 4 proposes extending the Agreement for the second additional one-year term through Fiscal Year 2025-26. This amendment includes an increase of $619,544 to cover the additional costs associated with the 2025 State of the City event and ongoing video production services, bringing the new total contract amount to $1,727,380.
This extension will allow the City to maintain high-quality video content that supports its communication and outreach objectives. The continued partnership with Windsong will ensure consistency in production quality and messaging across City platforms. Approval of Amendment No. 4 is recommended to uphold the City's commitment to effective public engagement through professional video production services.
547
BB&K (2021)
March 1, 2025
Windsong Productions, LLC.
351 O Street
Fresno, CA 93721
Re: Notice to Extend Agreement with Windsong Productions, LLC., Amendment No. 4 Dear Joann Mercado Hicks,
As you know, the City of Ontario (“City”) and Windsong Productions, LLC. (“Consultant”) entered into a Professional Services Agreement dated August 18, 2021, Amendment No. 1 dated September 7, 2022, Amendment No. 2 dated February 6, 2024, and Amendment No. 3 dated July 2, 2024 (the “Agreement”).
The term of the Agreement is set to expire on August 18, 2025.
Pursuant to the Agreement, the City has the sole discretion to renew the Agreement for two additional oneyear terms. Through this letter, the City hereby extends the term of the Agreement the second additional year and increases the dollar value by six hundred nineteen thousand five hundred forty-four dollars ($619,544) for a new total not to exceed the amount of one million seven hundred twenty-seven thousand three-hundred eighty dollars ($1,727,380).
The terms and conditions of the Agreement shall remain the same.
If you have any questions, please don’t hesitate to contact Karla Tavera at the City.
Sincerely,
Scott Ochoa
City Manager
PAUL S. LEON
MAYOR
ALAN D. WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
548
City of Ontario
United States
Date: 2025-02-07
Title: ONT: Customer Service Training Video Production Part I PKG Estimate #: 12209 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes (3) x filming days in the City of Ontario. Includes (1) x day of narrator oncamera and city staff interviews and (2) x days of customer service re-enactment scenarios. Estimate does not include the edit of (1) x up to 20 minutes video that focuses on the City of Ontario’s Commitment to Customer Service.
Estimate for editing, videos and shoot days and additional production needs to be estimated separately.
Scope of Work Cost
Video Production
Crew for filming for Customer Service Training Video in Ontario, CA. Tentative filming to take place in May/June 2025
$31,805.00
Internal Services
Pre Production
pre-production
Director
Director to oversee shoot
Edit oversight to be billed separately.
Producer
Producer, on set and to oversee pre/post-production
Production Assistant
PA, on set and to assist in all steps of pre-production External Expenses
Camera Department
(1) camera operator with RED camera package and (1) secondary camera operator w/ equivalent camera package; (3) filming days
G&E Swing
G&E swing; (3) filming days
Hair/Make Up
HMU; (3) days
Production Management $1,140.00
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
549
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing; upkeep of ONT footage library
Total $32,945.00
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-07
Title: ONT: Customer Service Training Video Production Part I PKG Estimate #: 12209 550
City of Ontario
United States
Date: 2025-02-07
Title: ONT: Customer Service Training Video Production PKG Estimate #: 12098 r1 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes the edit of (1) x up to 20 minutes video that focuses on the City of Ontario’s Commitment to Customer Service. Estimate also includes all projected expenses for a quality production.
Additional videos and shoot days to be estimated separately.
Scope of Work Cost
Video Production
Post-production
Talent and location fees; additional production needs
$50,205.00
Internal Services
Pre Production
included in filming estimate
Scriptwriting/Transcribing
transcribing of up to (6) interviews and scriptwriting of (1) up to 20 minutes customer service video.
Director
Director to oversee edit
Audio Production
audio syncing, studio time and audio mix
Editing
editing of (1) x up to 20 minutes employee training video in Vox style. Includes footage import, edit, color correction, rendering, exporting and proof uploading.
Includes up to (2) rounds of client revisions.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline Illustrator
Illustrator to create look and feel for Vox style mixed media for Ontario’s Customer Service Video
External Expenses
Talent
Up to (16) improv actors for reenactment scenes; (1) day of filming per talent Usage Terms:
Digital Media usage: Global and in perpetuity.
Broadcast Media usage: Not required.
Print Media usage: Not required.
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
551
Location Fees
location fees for reenactment scenarios
Music
royalty-free music tracks
Per Diem
per diem for crew; (3) filming days
Production Management $285.00
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing; upkeep of ONT footage library
Total $50,490.00
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-07
Title: ONT: Customer Service Training Video Production PKG Estimate #: 12098 r1 552
City of Ontario
United States
Date: 2025-02-28
Title: Ontario: 2026 State of the City Video Production PKG Estimate #: 12232 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes (6) total days of filming on-location in Ontario, California. Filming will include Council interviews and b-roll/concept filming for the Ontario State of the City video package. Estimate includes the edit of videos for SOTC 2026 event. Additional videos and filming days to be estimated separately.
Deliverables include:
(1) x up to 20 minutes SOTC Video featuring Council
(1) up to 2 minutes opening video
(1) up to 3 minutes closing video
(4) x :15 seconds SOTC event teaser videos for social.
Voice of God audio files for day of event use
Directional arrows and "screen saver" loop for event day Scope of Work Cost
Video Production
State of the City Video PKG 2026
Internal Services
Pre Production
pre-production
Transcribing & Scriptwriting
transcribing of interviews and scriptwriting
Director
director to oversee shoot and edit; (6) days of filming and post-production Producer
producer to oversee pre/post production
Associate Producer
associate producer to assist in the pre/post production of SOC 2026 Production Assistant
PA; prep and on-location for SOC 2026
Editing
editing of:
(1) x up to 20 minutes SOTC Video featuring Council, (1) up to 2 minutes opening video, (1) up to 3 minutes closing video, and (4) x :15 seconds SOTC teaser videos for social.
Includes footage import, edit, animation, rendering, exporting and proof uploading.
Includes up to (2) round of client revisions per spot.
1 of 3
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
553
Audio Production
audio syncing, studio time and audio mix
Animation
creation and design of SOC 2026 gfx; for videos only
** Includes directional arrows and "screen saver" style event video Color Grading
color correction of final SOC videos.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline Audio Engineer
on set audio engineer; (6) days
External Expenses
Director of Photography
(1) camera operator with camera package; (6) days of filming + create look/feel w/ director
B Camera Operator
(1) b camera operator with camera package; (6) days of filming Grip
(2) x grip/gaffer; (6) days + grip truck rentals
Other
Additional crew for filming days for interviews and SOC March 2026 event Music
(10) royalty free music track
Audio/ VO
non-union VO talent; in perpetuity, full-usage buyout for SOC videos, includes VOG recordsings
Photographer
Photographer for SOC March 2026 event; includes full usage buyout of up to (100) finished images
Production Management
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing
Video Production - Event Filming Day
Sponsorship
Internal Services
2 of 3
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: Ontario: 2026 State of the City Video Production PKG Estimate #: 12232 554
Pre Production
pre-production for event filming
Director
pre-production and oversight + (1) filming day for SOTC 2026 Event, March 2026 Producer
(1) filming day for SOTC 2026 Event, March 2026
Associate Producer
(1) filming day for SOTC 2026 Event, March 2026
Production Assistant
(1) filming day for SOTC 2026 Event, March 2026
Audio Production
(1) filming day for SOTC 2026 Event, March 2026
Editing
Editing of (1) x up to 90 seconds SOTC Event Highlight Video. Includes up to (2) rounds of revisions, color, gfx pkg and final export for web/tv.
External Expenses
Music
(2) royalty-free music tracks for SOTC Highlight video
Cinematographer
(3) Camera operators for (1) filming day for SOTC 2026 Event, March 2026 Grip
(1) x Grip; (1) filming day for SOTC 2026 Event, March 2026 Sponsorship: State of the City 2024
Internal Services
Sponsorship
Sponsorship: State of the City 2026; [$23,500}
Total $148,955.00
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
3 of 3
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: Ontario: 2026 State of the City Video Production PKG Estimate #: 12232 555
City of Ontario
United States
Date: 2025-02-28
Title: Made in Ontario: Series 2025-2026 Estimate #: 12233 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes (5) x filming days to complete a shot list, B-ROLL and interviews with organizations & businesses selected by the City of Ontario. Estimate includes the edit of (9) x up to :90 seconds videos + (9) x :15 seconds Social Media cutdowns (9x16s) that educate the public on local businesses and organizations in the City of Ontario and all projected expenses for a quality production. Additional videos and filming days to be estimated separately.
Scope of Work Cost
Video Production $86,951.00
Internal Services
Pre Production
pre-production
Copywriting/Transcribing
transcribing of (9) interviews and scriptwriting of (9) x :90 seconds videos Director
Director to oversee shoot and edit
Producer
Producer, on set and to oversee pre/post production
Assistant Producer
Assistant producer, on set and to assist in all steps of production Audio Production
audio syncing, studio time and audio mix
Editing
editing of (9) x :90 seconds videos and (9) x :15 seconds social media cutdowns (9x16 exports). Includes footage import, edit, color correction, rendering, exporting and proof uploading. Includes up to (2) rounds of client revisions per spot.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline External Expenses
Director of Photography
(1) director of photography with camera package; (5) filming days B Camera Operator
(1) b camera operator with camera package; (5) filming days G&E Swing
G&E swing; (5) filming days
Music
royalty-free music tracks
Per Diem
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
556
per diem for crew; (5) filming days
Production Management $3,895.00
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing; upkeep of ONT footage library
Total $90,846.00
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: Made in Ontario: Series 2025-2026 Estimate #: 12233 557
Dan Bell, Communications & Community Relations Director City of Ontario
United States
Date: 2025-02-28
Title: ONT: Fourth of July Parade & Event Filming/Photography/Edit 2025 PKG Estimate #: 12234 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes the filming and photography of the 2026 Ontario Fourth of July Parade, Council and attendee interviews and BROLL coverage of the entire event. Estimate includes the edit of (1) x up to 3 minutes video. Additional videos and filming days to be estimated separately.
Scope of Work Cost
Video Production
Fourth of July Parade Filming; 2026
Internal Services
Pre Production
pre-production
Director
director to oversee shoot and edit
Producer
producer to oversee pre/post production, on location.
Associate Producer
associate producer; on-location
Production Assistant
PA; prep and filming day
Audio Production
audio syncing, studio time and audio mix
Editing
editing of (1) x up to 3 minutes highlight video. Includes footage import, edit, animation, color correction, rendering, exporting and proof uploading. Includes up to (2) round of client revisions per spot.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline External Expenses
Camera Operator
(3) x camera operators (RED or equivalent) to capture event Music
(3) royalty free music track
Grip
Grip (2) + G&E gear
Photographer
(1) photographer to capture Fourth of July event; includes delivery of all raw images Rentals
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
558
Walkie rentals
Production Management
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing
Total $26,245.00
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: ONT: Fourth of July Parade & Event Filming/Photography/Edit 2025 PKG Estimate #: 12234 559
Dan Bell, Communications & Community Relations Director City of Ontario
United States
Date: 2025-02-28
Title: ONT: 2025 Ontario 5K Reindeer Run Filming Production PKG Estimate #: 12235 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes the filming and photography of the following events:
2025 Ontario 5K Reindeer Run
Each event includes an edit of (1) x up to 2 minutes highlight video and up to (100) finished photos.
Additional videos, videos and filming days to be estimated separately.
Scope of Work Cost
Video Production
2025 Ontario 5K Reindeer Run; December 2025
Internal Services
Pre Production
pre-production
Director
director to oversee shoot and edit
Producer
producer to oversee pre/post production, on location.
Associate Producer
associate producer; on-location
Production Assistant
On-location production assistant + prep
Audio Production
audio syncing, studio time and audio mix
Editing
editing of (1) x up to 2 minutes highlight videos for Reindeer Run. Includes final approved masters formatted for 9x16 Instagram Reels.
Includes footage import, edit, animation, color correction, rendering, exporting and proof uploading. Includes up to (2) round of client revisions per spot.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline External Expenses
Camera Operator
(3) x camera operators w/ camera packages; (1) day of filming Grip
Grip (2) + G&E gear
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
560
Photographer
(1) photographer to capture Reindeer Run. includes delivery of up to (100) finished photos.
Music
(3) royalty free music tracks
Rentals
Walkie rentals
Production Management
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing
Total $20,055.50
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: ONT: 2025 Ontario 5K Reindeer Run Filming Production PKG Estimate #: 12235 561
Dan Bell, Communications & Community Relations Director City of Ontario
United States
Date: 2025-02-28
Title: ONT: 2025 Holiday Light Parade and Tree Lighting Filming Production PKG Estimate #: 12236 Prepared By: Joann Mercado Hicks
Project Description: Estimate includes the filming and photography of the following events:
2025 Holiday Light Parade and Tree Lighting
Each event includes an edit of (1) x up to 2 minutes highlight video and up to (100) finished photos.
Additional videos, videos and filming days to be estimated separately.
Scope of Work Cost
Video Production
2025 Holiday Light Parade and Tree Lighting; December 2025 Internal Services
Pre Production
pre-production
Director
director to oversee shoot and edit
Producer
producer to oversee pre/post production, on location.
Associate Producer
associate producer; on-location
Production Assistant
On-location production assistant + prep
Audio Production
audio syncing, studio time and audio mix
Editing
editing of (1) x up to 2 minutes highlight videos for 2025 Holiday Light Parade and Tree Lighting. Includes final approved masters formatted for 9x16 Instagram Reels.
Includes footage import, edit, animation, color correction, rendering, exporting and proof uploading. Includes up to (2) round of client revisions per spot.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline External Expenses
Camera Operator
(3) x camera operators with camera package
Grip
Grip (2) + G&E gear
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
562
Photographer
(1) photographer to capture 2025 Holiday Light Parade and Tree Lighting. includes delivery of up to (100) finished photos.
Music
(3) royalty free music tracks
Rentals
Walkie rentals
Production Management
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing
Total $20,055.50
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: ONT: 2025 Holiday Light Parade and Tree Lighting Filming Production PKG Estimate #: 12236 563
Dan Bell, Communications & Community Relations Director City of Ontario
United States
Date: 2025-02-28
Title: ONT: Ontario Event Filming Production PKG Estimate #: 12237 Prepared By: Joann Mercado Hicks
Project Description: Estimate is for budgeting purposes. Estimate indicates for each additional (1) day event for the City of Ontario, does not include Federal Holiday events.
Each event includes an edit of (1) x up to 2 minutes highlight video and up to (100) finished photos.
Additional videos, videos and filming days to be estimated separately.
Scope of Work Cost
Video Production
Ontario Event Filming Production PKG (per event/one filming day): Budget Purposes Only.
Internal Services
Pre Production
pre-production
Director
director to oversee shoot and edit
Producer
producer to oversee pre/post production, on location.
Associate Producer
associate producer; on-location
Production Assistant
On-location production assistant
Audio Production
audio syncing, studio time and audio mix
Editing
editing of (1) x up to 2 minutes highlight videos for TBD event. Includes final approved masters formatted for 9x16 Instagram Reels.
Includes footage import, edit, animation, color correction, rendering, exporting and proof uploading. Includes up to (2) round of client revisions per spot.
Assistant Editing
assistant editor to cull through the footage, catalog and assemble editing timeline External Expenses
Camera Operator
(3) x camera operators w/ camera packages; (1) day of filming Grip
1 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
564
Grip (2) + G&E gear
Photographer
(1) photographer to capture one event. includes delivery of up to (100) finished photos.
Music
(3) royalty free music tracks
Rentals
Walkie rentals
Production Management
Internal Services
Client Communication
no charge
Internal Meeting/Communication
Production Management
scheduling, crew communication pre- and post-shoot
Internal Expenses
Project Archive & Storage
ingest footage and meta-tag, make back-ups, compress footage with timecode for transcribing
Total $20,055.50
Terms & Conditions
signature printed name date
Approved to proceed and have read and agree with terms and conditions. signature printed name date
2 of 2
ESTIMATE
Windsong Productions
351 O Street
Fresno, CA 93721
TEL. 559.437.3900
Date: 2025-02-28
Title: ONT: Ontario Event Filming Production PKG Estimate #: 12237 565
Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT: A RESOLUTION OF INTENTION TO RENEW THE GREATER ONTARIO TOURISM
MARKETING DISTRICT
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution of Intention to renew the existing Greater Ontario Tourism Marketing Plan.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. Because the Greater Ontario Tourism Marketing District (GOTMD) programs are intended to increase tourism in Ontario, there may be an increase in transient occupancy tax and sales tax collections in the future.
BACKGROUND & ANALYSIS: Greater Ontario Tourism Marketing District (GOTMD) is a benefit assessment district that relies on assessments from lodging establishments in Ontario and Rancho Cucamonga. The dollars generated fund the following activities: Sales & Marketing, Tourism Development & Enhancement, Administration & Advocacy, and Contingency/Renewal efforts for Greater Ontario lodging businesses. GOTMD has been in existence since 2013 for an initial five (5) year term, and was subsequently renewed in 2018 for a ten (10) year term. Lodging businesses now wish to renew the GOTMD for an additional ten (10) year term. The action being presented would extend the life of the GOTMD for another ten years.
The renewed GOTMD includes all lodging businesses, including short-term rentals, existing and in the future, available for public occupancy within the boundaries of the cities of Ontario and Rancho Cucamonga. Lodging business owners decided to pursue renewal of the GOTMD in order to continue to build upon its success, and to ensure a revenue source devoted to marketing Greater Ontario as a tourist, meeting and event destination. This is especially critical at this time given global events set to occur in Southern California, such as the Olympics, as well as Ontario's continued investment in establishing itself as a tourism hub, with assets such as the Ontario International Airport, the Ontario Convention Center, the Toyota Arena, and soon the Ontario Sports Empire.
566
If renewed, the GOTMD would generate approximately $6,000,000 on an annual basis for promotion of travel and tourism specific to Greater Ontario.
Tourism Marketing Districts
Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the marketbased promotion of tourism. These special assessment districts allow assessed business owners to organize their efforts to increase tourism. Hotel owners within the TMD fund the TMD, and those funds are used to provide services that are desired by and benefit the assessed businesses within the TMD.
TMD benefits:
Funds cannot be diverted for other government programs; They are customized to fit the needs of each destination; They allow for a wide range of services; including: destination marketing, tourism promotion, and sales lead generation;
They are designed, created and governed by those who will pay the assessment; and, They provide a stable funding source for tourism promotion.
In California, TMDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the TMD.
MANAGEMENT DISTRICT PLAN
The Management District Plan (Attachment 1) includes the proposed boundary of the GOTMD, a service plan and budget and a proposed means of governance. The GOTMD will include all lodging businesses, including short-term rentals, existing and in the future, available for public occupancy within the boundaries of the cities of Ontario and Rancho Cucamonga.
The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue.
Because the marketing programs will not promote or seek certain stays, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any Federal officer or employee when on official Federal government business; nor on stays by any officer or employee of a foreign government who is exempt by express provision of Federal law or international treaty.
The renewed GOTMD will have a ten (10) year term, beginning July 1, 2028, or as soon as possible thereafter, and ending ten (10) year from its start date. The assessment will be implemented beginning July 1, 2028 or as soon as possible thereafter. Once per year beginning on the anniversary of GOTMD renewal there is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the GOTMD.
567
The Greater Ontario Convention and Visitors Bureau dba GOCAL (GOCAL) will be responsible for collecting the assessments on a monthly basis from each assessed business. The cities of Ontario and Rancho Cucamonga shall forward the assessments to GOCAL, which will have the responsibility of managing GOTMD programs as provided in the Management District Plan.
GOTMD RENEWAL PROCESS
March 18, 2025 - RESOLUTION OF INTENTION HEARING
Upon the submission of a written petition, signed by the business owners in the renewed district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Council may initiate proceedings to renew the GOTMD by the adoption of a resolution expressing its intention to renew the GOTMD.
Petition Status: Petitions in favor of GOTMD renewal were submitted by assessed businesses which represent over 50% of the total GOTMD assessment. This majority petition allows the Council to initiate proceedings for GOTMD renewal at the March 18, 2025 meeting.
No later than:
April 4, 2025 - NOTICE
The 94 Law requires the City of Ontario (City) to mail written notice to the owners of all businesses proposed to be assessed within the GOTMD. Mailing the notice begins a mandatory forty-five (45) day period in which assessed business owners may protest GOTMD renewal.
April 15, 2025 - PUBLIC MEETING
Allow public testimony on the renewal of the GOTMD and levy of assessments. No Council action required.
May 20, 2025 - FINAL PUBLIC HEARING
If written protests are received from the owners of businesses in the renewed GOTMD which will pay fifty percent (50%) or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council.
If the Council, following the public hearing, decides to establish the renewed GOTMD, the Council shall adopt a resolution of formation.
Staff recommends the adoption of the Resolution of Intention to renew the existing Greater Ontario Tourism Marketing Plan.
568
��,Q���
1 l l
GREATER ONTARIO TOURISM MARKETING DISTRICT
MANAGEMENT
DISTRICT PLAN
Prepared Pursuant to the Property and
Business Improvement District Law of 1994,
Streets and Highways Code Section 36600 et seq.
March 5, 2025
2028-2038
569
CONTENTS
I. Overview ............................................................................................................................3 II. Background........................................................................................................................4 III. Accomplishments...........................................................................................................5 IV. Boundary ........................................................................................................................7 V. Assessment Budget And Services ......................................................................................8 A. Annual Service Plan .............................................................................................................................8 B. Annual Budget....................................................................................................................................10 C. California Constitutional Compliance.............................................................................................10 D. Assessment..........................................................................................................................................13 E. Interest And Overdue Charges ........................................................................................................13 F. Time And Manner For Collecting Assessments............................................................................14 VI. Governance...................................................................................................................15 A. Owners’ Association..........................................................................................................................15 B. Brown Act And California Public Records Act Compliance.......................................................15 C. Annual Report ....................................................................................................................................15 Appendix 1 – Law ....................................................................................................................16 Appendix 2 – Assessed Businesses .........................................................................................28 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
570
GOTMD Management District Plan 3
March 5, 2025
I. OVERVIEW
Developed by Greater Ontario area lodging businesses and the Greater Ontario Convention and Visitors Bureau dba GOCAL, the Greater Ontario Tourism Marketing District (GOTMD) is an assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The GOTMD was formed in 2013 for an initial five (5) year term and was subsequently renewed in 2018 for a ten (10) year term. Lodging businesses now wish to renew the GOTMD for an additional ten (10) year term.
Location: The renewed GOTMD includes all lodging businesses, including short-term rentals, existing and in the future, available for public occupancy within the boundaries of the cities of Ontario and Rancho Cucamonga (Cities), as shown on the map in Section IV.
Services: The GOTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales & Marketing and Tourism Development & Enhancement programs will increase demand for overnight tourism and market payors as tourist, meeting and event destinations, thereby increasing demand for room night sales.
Budget: The total GOTMD annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $6,000,000. A similar assessment budget is expected to apply to subsequent years, but this assessment budget is expected to fluctuate as room sales do, and as businesses open and close.
Cost: The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue. Because the marketing programs will not promote or seek certain stays, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any Federal officer or employee when on official Federal government business; nor on stays by any officer or employee of a foreign government who is exempt by express provision of Federal law or international treaty.
Collection: GOCAL or Cities will be responsible for collecting the assessment on a monthly basis (including any delinquencies, interest, and overdue charges) from each lodging business located in each respective jurisdiction. GOCAL and Cities shall take all reasonable efforts to collect the assessments from each lodging business.
Duration: The renewed GOTMD will have a ten (10) year life, beginning July 1, 2028, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the GOTMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if lodging business owners support continuing the GOTMD programs.
Management: GOCAL shall continue to serve as the GOTMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council. 571
GOTMD Management District Plan 4
March 5, 2025
II. BACKGROUND
Tourism Marketing Districts (TMDs) are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.
California’s TMDs collectively
raise over $300 million annually for
local destination marketing. With
competitors raising their budgets,
and increasing rivalry for visitor
dollars, it is important that
the Greater Ontario area lodging
businesses continue to invest in
stable, commerce-specific
marketing programs.
TMDs utilize the efficiencies of
private sector operation in the
market-based promotion of
tourism districts. TMDs allow
tourism business owners to
organize their efforts to increase commerce. Lodging business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.
In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 0 20
40 60
80 100
120
Number of Districts Operating in
California
572
GOTMD Management District Plan 5
March 5, 2025
III. ACCOMPLISHMENTS & FUTURE OUTLOOK
Since its formation, the GOTMD has played a pivotal role in strengthening and enhancing the local tourism economy to drive overnight visitation to assessed businesses. As the GOTMD looks ahead to its next chapter, this section highlights key accomplishments from the most recent term, and looks to the future for the renewed GOTMD.
The following charts illustrate the economic impact and tourism activity generated by the GOTMD over the past decade. The first chart demonstrates the total economic impact by fiscal year, while the second chart provides data on sales leads and room nights generated, showing the number of leads pursued and hotel room nights booked as a result of GOTMD efforts.
GOCAL is attracting new hotel development and increasing its hotel supply, with 5 new hotels in the works with the Ontario Planning Department. In addition, GOCAL will be experiencing anticipated growth in its tourism and convention assets to expand GOCAL’s desirability as a tourism and convention destination. Hotels in development are:
• Hyatt House/Hyatt Place – 256 Rooms (anticipated opening in March/April 2026) • Residence Inn A-Loft – 225 Rooms (anticipated opening in October 2026) • Ontario Hotel – 650 Rooms (anticipated opening in Fall 2027) • Hilton Hampton Inn – 124 (anticipated opening in Spring 2026) • Everhome Suites – 113 Rooms (anticipated opening in Winter 2025) Upon completion of the properties above, hotel rooms for the Greater Ontario area will increase by another 1,369 hotel inventory to a total of over 8,000 rooms.
In addition to the anticipated add of more hotels:
• Michael Krouse, President & CEO of GOCAL, led the CalTravel Association’s Convention Centers Coalition for the reopening of convention center to begin hosting meetings and conventions and recovery for the industry. GOCAL received a grant for $974,768 combined from the US Department of Commerce Economic Development Administration to assist in those efforts of restoring the meetings and conventions.
• Plans are in the works to expand the Ontario Convention Center to include a 650-room headquarter hotel onsite and a newly constructed parking structure. Construction to begin in 2026.
Fiscal Year Sales Leads Room Nights Generated
2013-2014 325 58,584
2014-2015 316 49,417
2015-2016 290 54,540
2016-2017 389 65,937
2017-2018 383 65,937
2018-2019 295 39,456
2019-2020 -------- ---------
2020-2021 58
DOWN 75% No data due to COVID
2021-2022 350 60,009
2022-2023 425 59,000
2023-2024 320 87147
Fiscal Year Economic Impact
2013-2014 $52M
2014-2015 $69M
2015- 2016 $97M
2016-2017 $94M
2017-2018 $95M
2018-2019 $92M
2019-2020 --------
2020-2021 $76.5M LOSS
2021-2022 $77.7M
2022-2023 $96.5M
2023-2024 $110M
TOTAL $792.2M
573
GOTMD Management District Plan 6
March 5, 2025
• Ontario Convention Center has 300 active days per year and has attracted larger conventions for multiple years. This expansion to double the size of the center will allow us to secure meetings and conventions in a next higher tier in size. Coupled with new hotel products, this also supports our ability to grow in the meetings and convention sector. • Route 66 Cruisin’ Reunion, established in 2013, is a two-day classic car show that attracts enthusiasts from all over the country. Each year, we see an increase in classic car participants, and in 2024, an all-time record of over 1,300 cars were on display. This event attracts over 100,000 attendees from several states nationwide over the two days. • The development of the 200-acre Ontario Sports Empire, a new minor league baseball stadium in South Ontario and future home of a minor league team and LA Dodger affiliate, will increase demand for overnight stays for the projected 1.4 million new visitors. • The Adept project surrounding the Toyota Arena will be a world-class entertainment district with plans for a Performing Arts Center, open spaces and an outdoor concert venue, restaurants, dining, and a new hotel.
• Ontario International Airport continues to add domestic flights to destinations such as El Paso, Nashville, Washington DC, and Hawaii. The airport is working on future plans for expansion and development of a dedicated state-of-the-art international Terminal 3. Our convention center is located within one mile of the Ontario International Airport. • Brightline West will provide high-speed rail service to and from Cucamonga Station in Rancho Cucamonga and Las Vegas in 2028, with connectivity to all of Southern California via Metrolink and Amtrak.
• Having established the Greater Ontario Sports and Entertainment Authority, we have dedicated sales and marketing staff booking and marketing to this specific growing industry for professional and youth sports of all kinds.
• Since 2013, we have produced over $1B in economic impact to our region. • The State of the Region Event hosted annually at the Ontario Convention Center is a premier event for the region to discuss current statistics, provide an economic forecast for the coming year learn about the dynamic strength of our economy, how to adapt to changing conditions, and build a network of forward-thinking professionals as we plan for the future. 574
GOTMD Management District Plan 7
March 5, 2025
IV. BOUNDARY
The GOTMD will include all lodging businesses, including short-term rentals, existing and in the future, available for public occupancy within the boundaries of the Cities of Ontario and Rancho Cucamonga, as shown in the map below.
Lodging business definition: any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes and shall include any hotel, inn, tourist home, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure, or portion thereof.
Short-term rental definition: a dwelling unit, or any portion thereof, that is rented by the host to another party for a period of not more than 30 consecutive days in exchange for any form of monetary or non-monetary compensation or consideration. “Short-term rental” shall include rental activity in which the host remains on the site of his or her primary residence throughout the duration of the guest’s stay, rental activity in which the host remains off the site of his or her primary residence-site for some or all of the duration of the guest’s stay, and rental activity that is not a primary residence, and which is available for temporary lodging, for compensation or any form of consideration. “Shortterm rental” shall not include: single-room occupancy buildings and a dwelling unit for which a tenant has a month-to-month rental agreement and the rental payments are made on a monthly basis, or corporate housing.
A complete listing of assessed lodging businesses within the renewed GOTMD can be found in Appendix 2.
575
GOTMD Management District Plan 8
March 5, 2025
Total Square Miles: 90.21
Distance to Los Angeles: 37 Miles
Distance to Palm Springs: 72 Miles
Distance to San Diego: 113 Miles
576
GOTMD Management District Plan 9
March 5, 2025
V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of Ontario (City) of conferring the benefits or granting the privileges. The privileges and services provided with the GOTMD funds are Sales & Marketing and Tourism Development & Enhancement programs available only to assessed businesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by GOCAL. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $6,000,000.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and the GOCAL board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the GOTMD, any and all assessment funds may be used for the costs of defending the GOTMD.
Each budget category includes all costs related to providing that service. For example, the Sales & Marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the Administration & Advocacy portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by GOCAL on an as-needed basis.
Sales & Marketing,
4,080,000, 68.0%
Tourism Development & Enhancement,
$500,000 , 8.3%
Administration & Advocacy,
$880,000 , 14.7%
Contingency / Renewal,
$540,000 , 9.0%
Initial Annual Assessment Budget -
$6,000,000
577
GOTMD Management District Plan 10
March 5, 2025
Sales & Marketing
A Sales & Marketing program will promote assessed businesses as tourist, meeting, and event destinations. The Sales & Marketing program will have a central theme of promoting Ontario and Rancho Cucamonga as desirable places for overnight visits to leisure travelers and meeting planners.
The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Internet marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses; • Print ads in magazines and newspapers targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
• Television ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
• Promotion and production of special events that draw overnight visitors to assessed businesses;
• Radio ads targeted at potential visitors to drive overnight visitation and room sales to assessed businesses;
• Attendance of trade shows to promote assessed businesses; • Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Attendance of professional industry conferences and affiliation events to promote assessed businesses;
• Market research to identify targets and opportunities to attract overnight visitors to assessed businesses;
• Incentivizing conferences and meetings to book at the destination to increase overnight visitation at assessed businesses.
• Partnership with both local, state and national tourism organizations to target key domestic and international markets to increase overnight visitation at assessed businesses; • Development and implementation of a public relations and communications strategy, inclusive of social media outlets and press release distribution designed to drive overnight visitation at assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; and
• Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses
Tourism Development & Enhancement
A Tourism Development & Enhancement program will be designed to improve the visitor experience in an effort to increase overnight visitation at assessed lodging businesses and short-term rentals. It will provide potential funding for programs and initiatives based on criteria to be developed. The focus of the program will be on the entire destination brand footprint to ensure a consistent brand experience. The program may include the following activities, but is not limited to:
• A transportation program connecting hotels with points of interest, the airport and tourism assets, to increase room night sales and enhance the visitor experience; • An ambassador program with stakeholders to improve the overall destination experience and encourage overnight visitation; and
578
GOTMD Management District Plan 11
March 5, 2025
• Operation of a California Welcome Center (WC) to provide visitor resources and ensure a consistent brand experience throughout the destination.
Administration & Advocacy
The Administration & Advocacy portion of the budget will be utilized to provide the activities and improvements for the GOTMD. These costs may include rent, telephone charges, legal fees, accounting fees, postage, administrative staff, insurance, and other general office expenses. A small portion of the budget may be utilized towards dedicated staff time to provide unified attention, communication and responsiveness throughout the GOTMD and provide a unified voice to represent the GOTMD’s best interests.
Contingency / Renewal
A prudent portion of the budget will be allocated to a contingency fund, to account for lower than anticipated collections. If there are contingency funds collected and near the expiration of the GOTMD there are contingency funds remaining, and businesses wish to renew the GOTMD, the contingency funds may be used for renewal costs.
B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $6,000,000 annually, or $60,000,000 through June 2038. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and as businesses open and close.
C. California Constitutional Compliance
The GOTMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the GOTMD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions.
Two of these exceptions apply to the GOTMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted specific benefits directly to assessed businesses, and are intended only to provide specific benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the GOTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the GOTMD and are narrowly tailored. GOTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature nonassessed lodging businesses in GOTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230
2 Cal. Const. art XIII C § 1(e)(1)
579
GOTMD Management District Plan 12
March 5, 2025
Owners’ Association to enter into private contracts with non-assessed lodging businesses for the provision of services to those businesses.
The assessment imposed by this GOTMD is for a specific benefit conferred directly to the payors that are not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with Sales & Marketing programs promoting lodging businesses paying the GOTMD assessment. The Sales & Marketing programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the Sales & Marketing programs that specifically benefit the assessed lodging businesses, the Administration & Advocacy and Contingency/Renewal services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.
Although the GOTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3
2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has
recognized that marketing and promotions services like those to be provided by the GOTMD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6
3. Reasonable Cost
GOTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by GOCAL, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from GOTMD-funded activities, be featured in advertising campaigns, and benefit from other GOTMDfunded services. Non-assessed lodging businesses will not receive these, nor any other, GOTMDfunded services and benefits. The assessed lodging business list was compiled from records provided by each jurisdiction and complies with the requirements of the 94 Law. Pursuant to Streets and Highways Code Section 36615, the City Council's determination of ownership is final and conclusive, with no obligation to obtain other information.
The GOTMD-funded programs are targeted directly to benefit assessed businesses. It is, however, possible that there will be a spillover benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating 3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
580
GOTMD Management District Plan 13
March 5, 2025
those room nights shall be paid with non-GOTMD funds. GOTMD funds shall only be spent to benefit the assessed businesses and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.
D. Assessment
The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue.
Because the marketing programs will not promote or seek certain stays, assessments will not be collected on: stays of more than thirty (30) consecutive days; stays by any Federal officer or employee when on official Federal government business; nor on stays by any officer or employee of a foreign government who is exempt by express provision of Federal law or international treaty.
The assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the GOTMD, with costs allocated based on the proportional benefit conferred to each assessed business. Activities funded by the GOTMD, are specifically targeted to increase room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assesses derive greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights.
The term “gross sleeping room rental revenue” as used herein means: the consideration charged for the occupancy of space in a lodging business valued in money. Gross sleeping room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.
The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the GOTMD assessment is identified separately it shall be disclosed as the “GOTMD Assessment.” As an alternative, the disclosure may include the amount of the GOTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.
Bonds shall not be issued.
E. Interest and Overdue Charges
The GOTMD shall reimburse the Cities of Ontario and Rancho Cucamonga for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent GOTMD assessment are sought to be recovered in the same collection action by the Cities, the GOTMD shall bear its pro rata share of such collection costs.
1. Any business which fails to remit any assessment within thirty (30) days shall pay an overdue charge in the amount of one-half of one percent (0.5%) per day of the assessment due and owning in addition to the amount of the assessment.
581
GOTMD Management District Plan 14
March 5, 2025
2. Any business which fails to remit any delinquent assessment on or before a period of thirty (30) days following the date on which the assessment first became delinquent (or sixty [60] days after the initial due date) shall pay a second delinquency overdue charge in the amount of ten percent (10%) of the assessment due and owing in addition to the amount of the assessment and the one-half of one percent (0.5%) overdue charge first imposed pursuant to section 1 above.
3. If the collecting City determines that the non-payment of any assessment is due to fraud, an overdue charge in the amount of twenty-five (25%) of the amount of assessment due and owning shall be added thereto in addition to the overdue charges set forth in section 1 and 2 above.
4. In addition to the overdue charges imposed, any business which fails to remit any assessment shall pay interest at the rate of one-half of one percent (0.5%) per month, or fraction thereof, on the amount of the assessment due and owing, exclusive of overdue charges, from the date on which the assessment first became delinquent until paid.
F. Time and Manner for Collecting Assessments
The GOTMD assessment will be implemented beginning July 1, 2028 or as soon as possible thereafter, and end ten (10) years from its start date. The Cities or GOCAL will be responsible for collecting the assessment on a monthly basis (including any delinquencies, overdue charges and interest) from each assessed lodging business located in their respective jurisdictions. GOCAL and Cities shall take all reasonable efforts to collect the assessments from each lodging business within the GOTMD.
1. GOCAL and/or Cities shall make all reasonable efforts to enter into an agreement with all Hosting Platforms to collect and remit the GOTMD assessment on behalf of assessed businesses using the hosting platform.
2. An assessed business, using a Hosting Platform, reserves the right to have the Hosting Platform collect the assessment based on information supplied by the assessed business, and remit such assessment to the assessed business for ultimate reporting and remittance by the assessed business to GOCAL and/or Cities. In such case, the Hosting Platform, upon request from GOCAL and/or Cities, and not more than once per consecutive twelve-month period, shall provide GOCAL and/or Cities with copies of documentation related to assessed business which have provided acknowledgement of its obligation to collect all assessments owed on a gross short-term room rental revenue and to remit and report any assessments collected directly to GOCAL and/or Cities.
582
GOTMD Management District Plan 15
March 5, 2025
VI. GOVERNANCE
A. Owners’ Association
The Ontario City Council, through adoption of this Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the GOTMD as defined in Streets and Highways Code §36612. The Ontario City Council has determined that GOCAL will continue to serve as the Owners’ Association for the GOTMD.
B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.
C. Annual Report
GOCAL shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
583
GOTMD Management District Plan 16
March 5, 2025
APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 EXTRA SESSION CH 1, 2023 REGULAR SESSION CH. 890***
(ALL 2023 LEGISLATION)
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. 584
GOTMD Management District Plan 17
March 5, 2025
(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act.
This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5 Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
585
GOTMD Management District Plan 18
March 5, 2025
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
586
GOTMD Management District Plan 19
March 5, 2025
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit” [Effective January 1, 2023]
(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of propertybased districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3 Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
587
GOTMD Management District Plan 20
March 5, 2025
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities 588
GOTMD Management District Plan 21
March 5, 2025
and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a propertybased district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan.
(m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be 589
GOTMD Management District Plan 22
March 5, 2025
mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest.
If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the 590
GOTMD Management District Plan 23
March 5, 2025
district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.
CHAPTER 3: Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
591
GOTMD Management District Plan 24
March 5, 2025
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of the resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 36638. Assessment as government improvised fee on Civ C § 1770 transaction [Operative July 1, 2024] (a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770 of the Civil Code. (b) This section shall become operative on July 1, 2024. 592
GOTMD Management District Plan 25
March 5, 2025
CHAPTER 3.5 Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks–Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners’ association to provide improvements, maintenance, and activities 593
GOTMD Management District Plan 26
March 5, 2025
The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by 594
GOTMD Management District Plan 27
March 5, 2025
applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
595
GOTMD Management District Plan 28
March 5, 2025
APPENDIX 2 – ASSESSED BUSINESSES
HOTEL DBA ADDRESS City
Airport Stay Motel 1211 North Grove Avenue Ontario
American Inn 755 North Euclid Avenue Ontario
Ayres Inn & Suites at the Mills Mall 4395 Ontario Mills Parkway Ontario Ayres Suites at the Mills Mall 4370 Mills Circle Ontario Azure Hotel & Suites Ontario
Airport 1945 East Holt Boulevard Ontario
Baymont Inn & Suite Ontario 1655 East 4th Street Ontario Best Western Ontario Airport 209 North Vineyard Avenue Ontario Candlewood Suites 1818 East Holt Boulevard Ontario
Capri Inn 1217 East Holt Boulevard Ontario
Comfort Inn & Suites 3333 Shelby Drive Ontario
Comfort Suites 1811 E. Holt Blvd. Ontario
Country Inn 2359 South Grove Avenue Ontario
Country Inn & Suites - Ontario Mills 4674 E. Ontario Mills Pkwy Ontario Days Inn 1405 East 4th Street Ontario
Doubletree by Hilton Ontario
Airport 222 North Vineyard Avenue Ontario
Econo Inn (Rodeway Inn) 724 South San Antonio Avenue Ontario Economy Inn 2301 South Euclid Avenue Ontario
Element Ontario 900 Via Piemonte Ontario
Embassy Suites Ontario 3663 East Guasti Road Ontario
Express Inn & Suites 1150 North Grove Avenue Ontario
Extended Stay America #911
3990 East Inland Empire
Boulevard Ontario
Fairfield Inn by Marriott 3201 East Centrelake Drive Ontario Folk Inn Ontario Airport 204 North Vineyard Avenue Ontario Hampton Inn & Suites - Ontario
4500 E Mills Circle / PO Box 2186
Mo Ontario
Holiday Inn Express & Suites
Ontario 2280 South Haven Ave. Ontario
Holiday Inn Ontario 2155 E. Convention Center Way Ontario Hotel d'Lins 3400 East Shelby Street Ontario
Hotel Hacienda 2425 South Archibald Avenue Ontario
Hotel Seville 2441 South Euclid Avenue Ontario
Hyatt Place Ontario 4760 East Mills Circle Ontario
La Quinta Inn & Suites #170
3555 East Inland Empire
Boulevard Ontario
Mayfair Inn 1120 East Holt Boulevard Ontario
Mission Motel 1514 W. Mission Boulevard Ontario
Motel 6 Ontario Airport 1560 East 4th Street Ontario
Mountain Inn 2289 South Mountain Avenue Ontario
Ontario Airport Hotel 700 North Haven Avenue Ontario
Ontario Airport Inn 1801 East G Street Ontario
Ontario Gateway Hotel 2200 East Holt Boulevard Ontario
596
GOTMD Management District Plan 29
March 5, 2025
Ontario Golden Bear Inn 661 West Holt Boulevard Ontario Ontario SpringHi 11 Suites 3595 E. Guasti Rd. Ontario
PepperTree Motel 1241 East Holt Boulevard Ontario
Quality Inn Ontario Airport 514 North Vineyard Avenue Ontario Ramada Ontario Airport 1241 East G Street Ontario
Rancho Motel 1440 West Mission Boulevard Ontario
Red Carpet Motel 1117 North Baker Avenue Ontario
Residence Inn Ontario
2025 East Convention Center
Way Ontario
Rodeway Inn - Ontario Mills Mall 4075 East Guasti Road Ontario Sands Motel 1240 West Mission Boulevard Ontario
Sheraton Ontario Airport 429 North Vineyard Avenue Ontario Star Motel 1250 West Mission Boulevard Ontario
Studio 6 231 North Vineyard Avenue Ontario
Konomi Marie LLC 2164 E Alondra St Ontario
Aloft Ontario-Rancho Cucamonga Aloft Ontario-Rancho Cucamonga 10480 4TH ST Rancho Cucamonga,
Ca 91730-5893
Best Western Plus Heritage Inn
Ontario Rancho Cucamonga Best Western Heritage Inn 8179 SPRUCE AVE Rancho Cucamonga,
Ca 91730-3818
Fairfield Inn & Suites by Marriott
Ontario Rancho Cucamonga Fairfield Inn & Suites 9550 PITTSBURGH AVE Rancho Cucamonga,
Ca 91730-6007
Four Points by Sheraton OntarioRancho CucamongaFour Points By Sheraton Rancho Cucamonga 11960 FOOTHILL BLVD
Rancho Cucamonga,
Ca 91739-9370
Hampton Inn & Suites Ontario
Rancho Cucamonga
Hampton Inn & Suites Rancho
Cucamonga 11669 FOOTHILL BLVD
Rancho Cucamonga,
Ca 91730
Holiday Inn Express & Suites
Ontario Airport-Mills Mall, an IHG
Hotel Holiday Inn Express Hotel & Suites 9589 MILLIKEN AVE Rancho Cucamonga,
Ca 91730
Courtyard Ontario Rancho
Cucamonga Rancho Cucamonga Courtyard Inn 11525 MISSION VISTA DR Rancho Cucamonga,
Ca 91730-6085
Hilton Garden Inn Ontario/Rancho
Cucamonga Rancho Cucamonga Garden Inn 11481 MISSION VISTA DR Rancho Cucamonga,
Ca 91730-6056
Homewood Suites by Hilton
Ontario-Rancho Cucamonga Rancho Cucamonga Homewood Inn 11433 MISSION VISTA DR Rancho Cucamonga,
Ca 91730-6056
Residence Inn Ontario/Rancho
Cucamonga
Residence Inn Ontario/Rancho
Cucamonga 9299 HAVEN AVE
Rancho Cucamonga,
Ca 91730-5400
TownePlace Suites Ontario Airport Towneplace Suites By Marriott 9625 MILLIKEN AVE Rancho Cucamonga,
Ca 91730
Kittitod Pongvattanasomporn 6767 RAMONA AVE Alta Loma Ca 91701 FENG ZHU YI 4345 S Amherst Ave Ontario CA91762
JENNY LI 3954 E Catalina St Ontario CA 91761
YANJUN YANG 9370 Valley View St
Rancho Cucamonga
California 91737
WOLE A ADEGOKE 6229 LAUREL BLOSSOM PL
Rancho Cucamonga
California 91739
HAIFENG WANG 13215 River Oaks Dr
Rancho Cucamonga
CA 91739
DX FAMILY TRUST 750 W Hollowell St Ontario CA 91762
597
GOTMD Management District Plan 30
March 5, 2025
CHEAN NANCY & MICHAEL FAM TR 908 W 4TH ST Ontario CA 91762 HONGWEI SHI 9596 SEASONS DR
Rancho Cucamonga
Ca 91730
KENNY CHEN 10311 FINCH ST
Rancho Cucamonga
CA 91737
JIAHAO WU 2938 E Arbor Ln Ontario CA 91762
WEIJIE XIE 501 E Princeton St Ontario CA 91764
XIAOGANG SHI 2633 E Clara Ln Ontario CA 91762
JOANNA D TSAI 11450 Church Street 9
Rancho Cucamonga
CA 91730
KE-JIA YU 3255 S Newton Ave Ontario CA 91761
HAICHUCK ZHANG 9743 Woodleaf Dr
Rancho Cucamonga
CA 91737
MICHELLE QIAOLI XU 1985 E Harvard Privado A Ontario CA 91764 LIU DONGMEI 4014 E Catalina St Ontario CA 91761
JIAMING LIU 768 W H St Ontario CA 91762
KEITH DION BRATTON 944 Divino Privado N 64 Ontario CA 91764 205 N EUCLID LLC 203 N Euclid Ave 1B Ontario CA 91762
JOSEPH XANO WANG 1749 E Yale St Ontario CA 91764
Sol Investments & Solutions Inc 720 N ALAMEDA AVE Ontario CA 91764 GEORGINA MILANES FONTANILLA 9472 Sunglow Ct
Rancho Cucamonga
CA 91730
LI LI 552 E Hawthorne St Ontario CA 91764
YANVESTMENT 1924 S Helen Ave Ontario CA91762
QIHE CHEN 543 W Francis St Ontario CA 91762
RICHARD OPPELAAR 551 E H St Ontario CA 91764
SEN LI 1403 N Amador Ave Ontario CA 91764
YUSHENG NI 9387 Shadowgrove Dr
Rancho Cucamonga
California 91730
MICHELLE MA 1369 S EUCLID AVE Ontario CA 91762
YU & CHIU FAMILY TRUST 03/06/08 10663 WILDROSE DR
Rancho Cucamonga
CA 91730
ZILIANG GU 1711 E Hawthorne St Ontario CA 91764
JIANLI WANG 10663 ORANGE BLOSSOM DR
Rancho Cucamonga
CA 91730
HONG BAO 9153 CANDLEWOOD ST
Rancho Cucamonga
CA 91730
KUN SHI 11002 Getaway Dr
Rancho Cucamonga
California 91730
XIANXING JIANG 6132 CELESTITE AV
Rancho Cucamonga
CA 91701
MAT HO 13062 MALVASIA WAY
Rancho Cucamonga
CA 91739-9449
AARON LI 2720 Eagle Creek Pl Ontario CA 91761
HANA A AL JABARI 11700 BRANDYWINE PL
Rancho Cucamonga
CA 91730
LI LI 558 E HAWTHORNE ST A Ontario CA 91764
HONG CHU 7676 Marine Ave
Rancho Cucamonga
CA 91730
598
GOTMD Management District Plan 31
March 5, 2025
XIAO HUANG 4061 E LUNA PASEO 31 Ontario CA 91764
RUBY Khanal 4491 S GRANT PASEO Ontario CA 91762
Metaverse Kingdom Castle LLC 3099 E Arbor Ln Ontario CA 91762 BING JIANG 2614 GARFIELD AVE Ontario CA91761
WENQING CUI 846 W CHESTNUT ST Ontario Ca 91762
MEI LI 2819 S Euclid Ave Ontario CA 91761
LIUTAO TANG 8510 Monte Vista St
Alta Loma California
91701
ZIHUAN LIU 1125 East E Street Ontario CA 91764
CHUNHUA LI 2476 Salem St Ontario CA91761
BOWEN LI 608 E Joseph Privado Ontario CA 91761
BRANDI GREWAL 6009 JADEITE AVE Alta Loma CA 91737
DEJUN XU 5400 Stoneview Rd
Rancho Cucamonga
CA 91739
SHEN KUO HSU 13858 Nash Dr
Rancho Cucamonga
CA 91739
MEIRONG DENG 9313 Valley View St
Rancho Cucamonga
CA 91737
XIAOFANG XIONG 642 W H St Ontario CA 91762
WING LUN NG 734 E J ST Ontario CA 91764
YUGUANG YUAN 3275 E BUTTERFLY LN Ontario CA 91762
PING LUO 6235 VALINDA AVE
Rancho Cucamonga
CA 91737
GARDUNO MARIA RODRIGUEZ LIV
TR 9/9 2107 S Euclid Ave Ontario CA 91762
XIAOLING YU 11159 ST TROPEZ DR
Rancho Cucamonga
California 91730
CLEMONS CARMEN REVOCABLE
TRUST 4/20 5219 Cartilla Ave
Rancho Cucamonga
CA 91737
BENNY ANTHONY RAMIREZ
AGUILAR 1446 N Campus Ave Ontario CA 91764
JOSEPH C NG 11241 Terra Vista Pkwy
Rancho Cucamonga
CA 91730
CRT FAMILY TRUST 2/5/13 1105 S Elderberry Ave Ontario CA 91762 XU YANHUA FAMILY TRUST 709 W CEDAR ST Ontario CA 91762
AIDA SEGURA 2902 Palomino Ct Ontario CA 91761
ALLEN PENG 541 N Vine Ave Ontario CA 91762
JORGE RAFAEL GUERRERO MAYO 13178 CHATHAM DR
Rancho Cucamonga
CA 91739
Wayne Tung 3739 Pinto Pl Ontario CA 91761
Canden HEUTON
HEUTON REVOCABLE LIVING TRUST
4/17/2 2637 S Quaker Ridge Pl Ontario CA 91761
D & R TRUST 3674 S HYCHE AVE Ontario CA 91761
YAO CHEN 12258 MOUNTAIN ASH CT Etiwanda CA 91739
YIQIAN ZHOU 213 E F ST Ontario CA 91764
MAURICIO GARCIA RECILLAS 540 E D St Ontario CA 91764
YAN RONG ZHENG 8960 LARAMIE DR
RANCHO
CUCAMONGA CA
91737
599
GOTMD Management District Plan 32
March 5, 2025
KATHY A MADISON 3266 Sweetwater Dr Ontario CA 91761
STEVENS FAMILY TRUST 1/4/19 4869 S MONARCH PL Ontario Ca 91762 IWINI SURROGACY INC 1153 Whittlers Pl Ontario CA 91762
XIN ZUO 2492 E WILLIAMSBURG LN Ontario Ca 91761
ZHIQIANG QI 9206 Placer St
Rancho Cucamonga
CA 91730
CHRISTIAN TAI 3684 Hyche Ave Ontario CA 91761
FRANCISCO PILA 300 N Allyn Ave Ontario CA 91764
CAI LIVING TRUST 6322 Semillon Pl
Rancho Cucamonga
CA 91737
HENRY KE 2238 Loggers Ln Ontario CA 91762
HDK GROUP LLC 2440 E Salem St Ontario CA 91761
CHU-JAN CHENG 10460 Alta Loma Dr
Rancho Cucamonga
CA 91737
MINA MICHAEL 2638 S CALAVERAS PL Ontario Ca 91761
MICHELE CHADEAYNE 219 E GRANADA CT Ontario Ca 91764
LAI YIM WONG 315 N Marin Privado Ontario CA 91764
Armendariz Family Living TR
12/16/22 2632 E Dunes St Ontario CA 91761
ZIYOU HUANG 9553 HAMMOCK PL
RANCHO
CUCAMONGA CA
91730
ANNETTE DUSSETT 11149 Summerside Ln
Rancho Cucamonga
CA 91701
LAI YIM WONG 6584 Vianza Pl
Rancho Cucamonga
CA 91701
YING REN 9703 La Vine Ct
Rancho Cucamonga
CA 91701
BENJAMIN BINLING CHEN 2246 Loggers Ln Ontario CA 91762
WING LUN NG 2242 S Augusta Pl Ontario CA 91761
WENDY ELIZABETH BELTRAN 735 N Imperial Ave Ontario CA 91764 DANIEL VASQUEZ 11618 Mt Hood Ct
Rancho Cucamonga
California 91737
ABEL MORA 8890 Church St
Rancho Cucamonga
CA 91730
JUMING SUN 9821 La Vine Ct
Rancho Cucamonga
CA 91701
Moreno Family Trust 10/27/23 951 E D ST Ontario CA 91764 WEI XIE 1456 E Merion Ct Ontario CA 91761
Cheung Family Revocable Trust
9/19/1 638 W Harvard Pl Ontario CA 91762
ABEL II MORA 223 S Bermuda Dunes St Ontario CA 91762
XIAOYU ZHANG 1824 S Fern Ave Ontario CA 91762
I-CHUN CHEN 604 W Bonnie Brae Ct Ontario CA 91762
BINGWU GENG 559 E ROSEWOOD CT Ontario CA 91764
JUNG KAI LAI 6868 Aberdeen Ct
Rancho Cucamonga
CA 91739
MARIO PEREZ 1453 E RIVERSIDE DR Ontario Ca 91761
Vandermeer Alan & Isabel Rev TR
9/2 6689 Sevilla Pl
Rancho Cucamonga
CA 91739
600
GOTMD Management District Plan 33
March 5, 2025
JIA WANG 1013 S EUCLID AVE Ontario Ca 91762
YANYING SUN 5595 Malachite Ave Alta Loma CA 91737
NADINE ROUFAIL SAMAAN 12183 Appian Dr
Rancho Cucamonga
CA 91739
ANGEL T TONGCO 3159 Clover Ln Ontario CA 91761
JIANLI WANG 8602 Stoneside Dr
Rancho Cucamonga
CA 91730
HOLLY QIAOYI HUANG 3342 S NEWTON AVE Ontario CA 91761
SHARIF S WAFFIN 9404 Somerset Dr
Rancho Cucamonga
CA 91701
MENG-HSIEN SUN 715 E Boxwood Ct Ontario CA 91761
CATHY WANG 105 E Rosewood Ct Ontario CA 91764
GABRIEL SANCHEZ 1138 S Greenwood Ave Ontario CA 91761
KRISTINE SUZANNE ESCUJURI 7710 EASTWOOD AVE
Rancho Cucamonga
CA 91730
HARDY NGUYEN 12409 HARWICK DR
Rancho Cucamonga
Ca 91739
CRYSTAL EARWOOD 6963 SHAMROCK LN
ALTA LOMA CA
91701
DEYANIRA REQUENES 9949 Meadowood Dr
Rancho Cucamonga
California 91737
RAQUEL BIANCA ACOSTA 1159 W E St Ontario CA 91762
JINGTAO GAO 5090 S CENTENNIAL CIR EAST Ontario CA 91672 JILL HUANG WONG 321 E Maple St Ontario CA 91761
JIASHUN JI 2714 S Garfield Ave Ontario CA 91761
GEORGINA MILANES FONTANILLA 9472 Sunglow Ct
Rancho Cucamonga
California 91730
RUI JIAN 2942 S Halton Ontario CA 91761
WING LUN NG 1952 E Brookside Dr Ontario CA 91761
JOSEPH XANO & ADELE REV T
WANG & TAN 926 W HAWTHORNE ST Ontario CA 91762
Cheung Family Revocable Trust
8/19/1 845 Virginia Ave Ontario CA 91764
DARRYL R LEVESQUE 1016 E I St Ontario CA 91764
MICHAEL WILLIAMS 6351 CARNABY CT
Rancho Cucamonga
CA 91739
DO-YOUNG PARK 8623 Adega Dr
Rancho Cucamonga
California 91730
205 N EUCLID LLC 203 N Euclid Ave 8 Ontario CA 91762
ICE BLUE LLC 1672 E Harvard Pl A Ontario CA 91764
JINGTAO GAO 5090 S CENTENNIAL CIR Ontario CA 91762
MAJID REZA ZEREHI 740 Camalot Ct Ontario CA 91762
GUANG SHOU LIN 1609 E DEODAR ST Ontario CA 91764
HAIZHU LIN 4835 S Monarch Pl Ontario CA 91762
HAO ZHANG 7032 Avenida Leon
Rancho Cucamonga
CA 91701
WEICE CHEN 12792 N Rim Way
Rancho Cucamonga
California 91739
LIAN HUANG 203 W G St Ontario CA 91762
601
GOTMD Management District Plan 34
March 5, 2025
SHILONG LEI 963 Orchard Ln Ontario CA 91764
ROCHA EDUARDO & ADRIANA FAM
TR 2/16 7376 Reserve Pl
Rancho Cucamonga
California 91739
HARDY NGUYEN 13198 FIRESTONE DR
Rancho Cucamonga
CA 91739
FRANCISCO JAVIER MEZA 307 W 6th St Ontario CA 91762
MICHAEL CARR BARRON 2884 E La Avenida Dr Ontario CA91761 YUYA SUZUKI 4853 S PRINCE WAY Ontario CA 91762
YI Y ROBERTS 14066 Glendale Ct
Rancho Cucamonga
California 91739
205 N EUCLID LLC 203 N Euclid Ave 6A Ontario CA 91762
XIAOMIN XIAN 214 E F St Ontario CA91764
USA LUCKY BABY INC 6998 ETIWANDA AVE
Rancho Cucamonga
CA 91739
ICE BLUE LLC 1672 E Harvard Pl B Ontario CA 91764
DANIEL T JR CLARK 5554 Glen Ridge Ct
Rancho Cucamonga
California 91739
LAZARUS SAINT FAMILY TRUST
12/29/16 7639 Archibald Ave 7645
Rancho Cucamonga
California 91730
WENYIN ZHANG 4714 S JASMINE LN Ontario CA 91762
TAM NGOC NGUYEN 751 W Holt Blvd Ontario CA 91762
MIGUEL A JR NAJERA 1516 W Stoneridge Ct Ontario CA 91762 IM STILL WITH YOU TRUST 5/2/22 4381 Amherst Ave Ontario CA 91762 JIAHUI HUANG 938 W GRANADA CT Ontario CA 91762
DANIEL YANG 2465 E Bennington St Ontario CA 91761
MINYANG WANG 4892 S Jordan Ave Ontario CA 91762
ALFRED T FONG 2550 E Canterbury Trail Ontario CA 91761
ERIC JAMES HONANIE 1309 W Mission Dr 81 Ontario CA 91762 Chan Phoebe Family Trust 2/11/12 704 W Granada Ct Ontario CA 91762 HAI ZHU 818 W Bonnie Brae Ct Ontario CA 91762
Le Doux Jennifer Revocable TR 6-26 125 E H St Ontario CA 91764 CHESTER GILCHRIST 1004 W PRINCETON ST Ontario Ca 91762
RAYMOND CALDERON 1004 W YALE ST Ontario Ca 91762
RC DICKSON TRUST 7/11/22 723 W Camalot Ct Ontario CA 91762 Jurisdiction list as of December 2024.
602
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO ,
CALIFORNIA, DECLARING ITS INTENTION TO RENEW THE GREATER
ONTARIO TOURISM MARKETING DISTRICT (GOTMD) AND FIXING
THE TIME AND PLACE OF A PUBLIC MEETING AND A PUBLIC
HEARING THEREON AND GIVING NOTICE THEREOF.
WHEREAS, the City of Ontario (City) created the GOTMD on June 4, 2013 by Resolution No. 2013-041 for a five (5) year term; and
WHEREAS, the GOTMD was subsequently renewed on March 15, 2016 for a ten (10) year term, which ends on June 30, 2028; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Greater Ontario Convention and Vicitors Bureau dba GOCAL (GOCAL), lodging business owners, and City representatives have met to consider the renewal of the GOTMD; and
WHEREAS, GOCAL has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the GOTMD, a service plan and budget, and a proposed means of governance; and
WHEREAS, the renewed GOTMD includes lodging businesses, including shortterm rentals, in the cities of Ontario and Rancho Cucamonga; and WHEREAS, consent to include lodging businesses in their respective jurisdictions has been granted from the City of Rancho Cucamonga; and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the GOTMD have petitioned the City Council of the City (Council) to renew the GOTMD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. The Council finds that assessed businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the GOTMD. The Council accepts the petitions and adopts this Resolution of Intention to renew the GOTMD and to levy an assessment on all lodging businesses within the GOTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.
603
3. The Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622.
4. The Council declares its intention to renew the GOTMD and to levy and collect assessments on lodging businesses within the GOTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The GOTMD shall include all lodging businesses, including short-term rentals, existing and in the future, available for public occupancy within the boundaries of the cities of Ontario and Rancho Cucamonga, as shown in the map attached as Exhibit A.
6. The name of the district shall be the Greater Ontario Tourism Marketing District.
7. The annual assessment rate is three percent (3%) of gross short-term sleeping room rental revenue. Because the marketing programs will not promote or seek certain stays, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any Federal officer or employee when on official Federal government business; nor on stays by any officer or employee of a foreign government who is exempt by express provision of Federal law or international treaty.
8. The assessments levied for the GOTMD shall be applied toward Sales & Marketing, Tourism Development & Enhancement, Administration & Advoacy, and Contingency/Renewal programs to market assessed lodging businesses in the GOTMD as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which GOTMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.
9. The renewed GOTMD will have a ten (10) year term, beginning July 1, 2028, or as soon as possible thereafter, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on establishing the GOTMD and levying assessments are set for April 15, 2025, at 6:30 PM, or as soon thereafter as the matter may be heard, in the Council Chambers at the City Hall located at 303 East B Street, Ontario, CA 91764.
12. The time and place for the public hearing to establish the GOTMD and the levy of assessments are set for May 20, 2025, at 6:30 PM, or as soon thereafter as the matter may be heard, in the Council Chambers at the City Hall located at 303 East B Street Ontario, CA 91764. The City Clerk is 604
directed to provide written notice to the assessed businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than April 4, 2025.
13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the GOTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the assessed businesses within the renewed GOTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire GOTMD, no further proceedings to renew the GOTMD shall occur for a period of one (1) year.
14. The complete Plan is on file with the City Clerk and may be reviewed upon request.
15. This resolution shall take effect immediately upon its adoption by the City Council.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of March, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
605
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. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held March 18, 2025 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. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held March 18, 2025. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
606
EXHIBIT A
District Boundaries
607
Department: Planning
Prepared By: Robert Morales
Department:
Prepared By: Robert Morales
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry Noh
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT: A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA24-001, TO IMPLEMENT OBJECTIVE
DEVELOPMENT AND DESIGN STANDARDS
CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:
PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of the Ordinance Approving File No. PDCA24-001, a Development Code Amendment, amending the Reference document section of the City's Development Code, to implement Objective Development and Design Standards for multiple-family and mixed-use residential development.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action.
BACKGROUND & ANALYSIS: On June 4, 2024, the City Council approved Ordinance No. 3275, an interim Urgency Ordinance that amended the Development Code to establish Objective Development and Design Standards. This action was taken to align with Housing Element Programs
9.19 and 9.21, as well as Government Code Section 65589.5, which mandates local governments to implement objective standards for streamlining housing project approvals while ensuring transparency and consistency. On August 20, 2024, the City Council approved Ordinance No. 3285, which extended Ordinance No. 3275. This extension provided staff with the necessary time to analyze and develop a permanent Ordinance.
The proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, generally described as follows:
Amending the Reference document section of the City's Development Code, to implement 608
Objective Development and Design Standards for multiple-family and mixed-use residential development.
The Objective standards refer to clear, measurable criteria such as building height limits, setbacks, and materials, which do not require subjective judgment. In response to these evolving State requirements, the City established more robust Objective Development and Design Standards (ODDS) to streamline housing development approvals and ensure a clear, consistent review process. These standards must be applied to applicable projects in accordance with state laws, including the State Density Bonus Law, Housing Accountability Act, Senate Bill 423 (previously Senate Bill 35), and Senate Bill 330, to promote transparency and facilitate efficient approvals.
The ODDS establishes standards for streamlined ministerial residential projects. All applicable projects under ODDS must adhere to architectural styles outlined in the standards to create unbiased criteria for efficient residential development approvals. ODDS encompass various residential types and establish development and design standards for multi-family and mixed-use areas that currently lack specific standards.
The Ordinance integrates ODDS for multi-family and mixed-use development types, including a compliance checklist and style sheet for various architectural styles. The checklist specifies minimum design requirements, while the style sheets depict both traditional and modern interpretations. Comprehensive numerical standards for setbacks, building heights, and additional criteria are defined for mixed-use and detached multi-family areas, in line with Housing Element Programs 9.19 and 9.21.
On February 25, 2025, the Planning Commission conducted a public hearing to consider the proposed Development Code Amendment. Upon the conclusion of the public hearing, the Planning Commission voted (4-0) to approve Resolution No. PC25-014, recommending that the City Council approve the proposed Development Code Amendment
COMPLIANCE WITH THE ONTARIO PLAN (TOP): The proposed project is consistent with the principles, goals, and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council priorities components of TOP. Goals and policies of TOP that are furthered by the proposed Development Code Amendment are addressed in the attached Planning Commission backup material.
HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of TOP, as the project furthers the purposes, principles, goals, and policies of the Housing Element.
ENVIRONMENTAL REVIEW: The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
609
Case Planner:Robert Morales, Associate Planner Hearing Body Date Decision Action Planning Director
Approval:
PC 2/25/25 Recommends
CC 1st reading 3/18/25 Introduction
Submittal Date: N/A CC 2nd reading 4/1/25 Final Action
FILE NO.: PDCA24-001
SUBJECT: A public hearing to consider a Development Code Amendment amending the Reference document section of the City's Development Code, to implement Objective Development and Design Standards for multiple-family and mixed-use residential development. City Initiated. City Council action is required.
RECOMMENDED ACTION: That the Planning Commission consider and adopt a Resolution recommending the City Council approve the Development Code Amendment (File No. PDCA24-001), pursuant to the facts and reasons contained in the staff report and Resolution.
PROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built-out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario's 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario's population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.
BACKGROUND: In recent years, state housing-related statutes have increasingly limited or prohibited the use of local subjective standards for new development. While the City has traditionally relied on a mix of subjective and objective standards to ensure that development projects align with surrounding uses and City goals, the current objective standards alone are not sufficient to ensure compatibility. As state laws continue to limit the use of subjective standards, the need for more thoughtful and comprehensive objective standards has become increasingly urgent.
Objective standards refer to clear, measurable criteria such as building height limits, setbacks, and materials, which do not require subjective judgment. In response to these evolving requirements, the City established more robust Objective Development and Design Standards (ODDS) to streamline housing development approvals and ensure a clear, consistent review process. These standards must be applied to applicable projects 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]
PLANNING COMMISSION
AGENDA REPORT
February 25, 2025
610
Planning Commission Agenda Report
File No.: PDCA24-001
February 25, 2025