Consultant: Symba Center
16519 Victor St. Ste. 424
Victorville, CA 92395
ATTN: Shawn Smith, Chief Executive Officer
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Katryna Gonzalez, Housing Services Director
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.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount reasonably required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such 230
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documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of one (1) year following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs.
Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the Documents & Data.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) business days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable and documented out-of-pocket attorneys’ fees and all reasonable and documented costs of such action.
3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld in the City’s sole but reasonable discretion. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party 233
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warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in (.PDF) counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
SYMBA CENTER
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF ONTARIO SYMBA CENTER
By:
Its: Chief Executive Officer
Printed Name: Shawn Smith
By:
Its:
Printed Name:
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
235
BB&K (2024) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "A"
SCOPE OF SERVICES
The Scope of Services for this Agreement includes delivery of services at the Ontario Wellness Center management of the housing units, and limited management of the facilities, as further detailed herein.
Generally
• Consultant will provide the Services at the Ontario Wellness Center located at 1522 W.
Mission Boulevard, Ontario, CA 91762 (“Property”) owned by City. In consideration of the Services to be performed by Consultant under this Agreement, City authorizes Consultant to use the Property on the terms and conditions set forth herein solely and exclusively to fulfill the requirements of this Agreement. Consultant will direct and supervise Consultant’s Services and programs on the Property necessary for the Project. Consultant may not close the Property during its normal operating hours without the prior written consent of the City. Any use of the Property is subject to the City’s laws, guidelines, and regulations. • Consultant will work cooperatively with the City to develop and maintain a master calendar to coordinate the operation and use of the Property for the Services to ensure appropriate scheduling and integration with other portions of the Property that may remain accessible to the public. City sponsored events and programs are to be given priority use. • Prohibited Client Conduct: Consultant shall ensure that its officials, officers, directors, employees, or agents immediately notify Consultant’s management upon observing any prohibited conduct by a client of the Project at the Property. Consultant shall then provide immediate written notice to the City detailing the nature of the conduct, any actions taken in response, and any further steps planned to address the issue. Prohibited conduct includes, but is not limited to, the following: engaging in any illegal activity, including without limitation the use, purchase, or sale of illegal drugs; harassing or threatening Consultant’s staff or guests or visitors of the Property, including without limitation, other clients of the Project.
• Consultant and City will work cooperatively to develop policies and procedures including a Code of Conduct for the Ontario Wellness Center that Consultant will utilize for implementing programs and services including client conduct on site along with related policies. The policies and procedures will also include a grievance procedure to address complaints related to service provision, intake, discharge, and service termination. • The City has selected Consultant as the provider for the Services based on their experience and expertise and it is expected the Consultant will not subcontract to another provider for any portion of the Services, however, should the need arise for partnerships with other local providers, the City shall have the right to approve all MOUs between the Consultant and other providers for work to be performed at the site. • Consultant shall not discriminate against or segregate, any person or group of persons on account of race, color, religion, sex, gender identity, sexual orientation, marital status, national origin or ancestry in the use, occupancy, tenure, or enjoyment of the Property in connection with this Agreement, nor shall Consultant establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, or number of or use or occupancy by clients of the Property. 236
BB&K (2024) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT General Homeless Services – Consultant shall provide comprehensive homeless services designed to support clients of the Project in accessing housing, essential resources, and long-term stability. These services shall include, but are not limited to, the following:
• Operate the Ontario Access Center located within the Property and provide homeless services during daytime hours, Monday – Friday. Expected operating hours are 37- 38 hours per week.
• Consultant’s staff to do the following:
o Client intake and assessment for housing programs in and around Ontario. o Coordinate services with Ontario Housing Services Department staff o Develop short- and long-term plans with clients.
o Connect clients to other providers (e.g., behavioral health and treatment programs) with warm hand-off referrals.
o Use a data management system for client tracking and reporting as directed by the City of Ontario Housing Services Department
o Issue and monitor the use of bus passes, and free or reduced cost ID vouchers, gift cards and other resources to purchase items addressing the clients’ basic needs. Such resources include prepared meals, groceries, clothing or other resources to support housing or employment solutions. Initially, bus passes will be funded through the City of Ontario and free or reduced cost ID vouchers will be funded through the State of California Department of Motor Vehicles existing Programs. Funding for other resources will be identified cooperatively between City and Consultant.
o Distribute basic hygiene kits that may include soap, shampoo, deodorant, toothpaste, toothbrush, lotion, shaving cream, razor, comb tissue and Q-tips. o Provide access to on-site services including laundry and showers for street outreach clients not yet enrolled in the interim housing program, and for residents in the emergency and interim housing programs. Consultant will provide linen services, hygiene supplies, and laundry supplies associated with these programs.
o Maintain bulletin board updated with information related to educational and employment opportunities
o Issue emergency housing vouchers when needed, and when funding is available.
City anticipates having funding available for this program available during FY 2025-26.
• Ensure complete and accurate data collection regarding the Services addressed herein.
• Document outcomes and maintain records for a minimum of five years after contract termination.
• Provide monthly reports on service utilization and outcomes. City and Consultant will work together to identify reporting format acceptable to both parties.
Street Outreach – To engage with homeless individuals and families within the incorporated limits of the City of Ontario to build relationships to encourage use of services and resources, Consultant shall provide street outreach services, including but not limited to, the following. 237
BB&K (2024) Exhibit “A”-3 PROFESSIONAL SERVICES AGREEMENT • Hours of operation: Monday – Friday, 8:00 AM – 4:00 PM • Respond to calls from the community and City staff
• Go to locations to find potential or current clients
o Conduct field assessments
o Provide food and water to potential or current clients o Transport clients to the OWC or as needed, to essential appointments o Coordinate services with Ontario Housing Services Department staff, including the City’s outreach team
Emergency and Interim Housing Programs – Consultant will provide Emergency and Interim Housing services with on-site laundry facilities for families and single adults capable of handling their own activities of daily living (ADLs). Services include but are not limited to the following:
• Ensure the safe use of up to 30 units of primarily non-congregate temporary housing, including up to 26 units with kitchenettes (microwave and refrigerator only) at the Property.
• Provide congregate (shared) emergency housing in up to four (4) units at the Property for up to eight (8) people referred by Ontario Police Department. Stays in the emergency housing beds are expected to be three (3) days or less. • Up to 26 units will be used for interim housing. These are non-congregate housing space with a maximum stay expected to be 90 days or less. • Interim Housing stay is benchmark or milestone-driven based on the agreed-upon housing case plan with the client.
• All clients will be limited at a maximum initial stay of 7 days. Extensions will be granted as clients demonstrate progress in meeting their goals. • One unit may be reserved for Consultant’s on-site residential manager at Consultant’s discretion.
• Consultant will work with service providers both on and off-site to locate transitional and/or bridge housing vacancies and all clients in temporary or emergency housing will be provided with planning and management services.
Planning and Management Services – Consultant shall provide comprehensive planning and management services to support clients in achieving stable housing solutions through tailored case planning and regular progress assessments, including the following:
• Individualized Housing Case Planning: Each resident is assessed by Consultant upon entry, or within one (1) business day in the case of the emergency housing units, and an individualized housing case plan is designed by Consultant to meet the client’s unique needs to promote attainment of a stable housing solution. 238
BB&K (2024) Exhibit “A”-4 PROFESSIONAL SERVICES AGREEMENT • Case Management Meetings: For clients staying in the interim housing units, meetings are held at least weekly with Consultant’s staff to assess the client’s progress in meeting established benchmarks. Additional stays in the interim housing unit will be determined as part of the Case Management Meeting services provided by Consultant. The goal of the Case Management Meetings will be to progress toward a stable housing solution.
Property Maintenance and Security – Consultant shall oversee the day-to-day use of the property by clients and staff to ensure safety and cleanliness including the following:
• Ensure clean, safe, and habitable office and living quarters for clients at all times in accordance with this Agreement.
• Ensure that food and waste are disposed of properly so as not to encourage pests or vermin and maintain a clean hygienic environment; Report to law enforcement any criminal activity and promptly notify the City of such incidents. • Consultant will provide clean linens for both daily shower services and housing facilities on site.
• Consultant will ensure that client living spaces are maintained in a clean and hygienic condition both during occupancy and at client move in.
• Consultant will provide adequate security services to maintain safety of clients and staff utilizing the site. Security staff can be either in-house or professional security services. Should Consultant hire a mix of in-house staff, appropriate training and certification will be required. Licensing will be required through the State of California Bureau of Security and Investigative Services.
• Notwithstanding the above, City will maintain security cameras that will provide a video feed of the exterior of the Property.
Utilities, Maintenance, Facility needs, and Repairs – As the owner of the Property and supportive partner of Consultant’s efforts to address unsheltered homeless in the City, the City will perform following obligations:
• Designate an appropriate contact to receive maintenance and repair requests from Consultant for the Property (porter services);
• Utilize a service to respond to emergency maintenance requests submitted by the Consultant;
• Provide all major exterior and interior maintenance and repair of the Property, including roof, walls, and foundations, plumbing, including plumbing upgrades needed to provide shower and laundry on site, lighting and related fixtures, electrical, HVAC filters and systems, mechanical systems, smoke detectors, elevators (if any), and fire alarms, extinguishers, sprinklers, and other systems, such that the Property at all times is fully functional as habitable living quarters for clients and office space.
The City shall bear all costs associated with these maintenance and repair 239
BB&K (2024) Exhibit “A”-5 PROFESSIONAL SERVICES AGREEMENT obligations, unless otherwise expressly stated in this Agreement. Consultant shall immediately notify the City if there are any issues with the aforementioned conditions by providing notice as specified in Section 3.7.3 of the Agreement. Routine cleaning, upkeep, and minor repairs are the responsibility of the Consultant as detailed in this Agreement;
• Keep landscaped areas, trees, lawns, shrubs and other plant materials trimmed and in healthy condition;
• The City shall provide and be responsible for the procurement, installation, and maintenance of all fixtures and equipment necessary for the operation and functioning of the Property, including but not limited to furnishings, appliances, and any other items essential for client use and comfort.
• Maintain and repair guest-room furniture, fixtures, and equipment (e.g., beds, televisions, and refrigerators) at the Property provided to clients in connection with the Project.
Consultant’s Obligations: As the provider of Services within the Property, Consultant will:
• Perform regular housekeeping and custodial services as needed to maintain a sanitary, habitable, and safe environment in offices and rooms occupied by clients at the Property. These services include janitorial services for the areas it occupies or uses, but are not limited to, vacuuming floors, dusting surfaces, cleaning bathrooms, replacing toiletries, removing trash, providing fresh linens (e.g., bed sheets and bath towels), and addressing other routine cleaning needs to ensure the Property remains suitable for its intended use;
• Exercise prudent care to preserve and protect both its own interests and those of the City in connection with the Property. Consultant shall not commit or permit waste or deterioration of the Property, abandon any portion of the Property, or otherwise act, or fail to act, in such a way as to unreasonably increase the risk of any damage to the Property;
• Provide qualified and adequately trained staff to oversee and manage the day-to-day operations of the Property in accordance with this Agreement; • Keep the Property free from any accumulation of debris and waste materials. • Notification of Damage: Consultant shall promptly notify the City in writing of any damage to the City’s property, equipment, fixtures, or facilities at the Property caused by any client of the Project, Consultant, or Consultant’s officials, officers, directors, employees, or agents immediately upon discovering the need or receiving such request. Such notification shall include a detailed description of the damage, the circumstances under which it occurred, and any immediate actions taken to address or mitigate the damage. Consultant shall cooperate fully with the City in assessing the damage and determining appropriate repairs or remedies. • Minor Alterations by Consultant: Consultant may make any lawful and proper minor alterations to the Property and may attach fixtures and signs in or upon the Property 240
BB&K (2024) Exhibit “A”-6 PROFESSIONAL SERVICES AGREEMENT with the City’s prior written approval. Consultant is responsible for the cost of such alterations and attachments. All alterations and attachments must comply with existing code requirements.
• Nuisances: Consultant shall not permit the Property or any portion of the Property to be improved, developed, used, or occupied in any manner or for any purpose that is in any way in violation of any applicable law or this Agreement and shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any applicable law or judicial decision applicable to the Property or any part thereof. • Damage to Property by Consultant: Consultant shall be responsible, at its sole cost and expense, for repairing any damage to the Property arising from its negligence, failure to exercise reasonable care, willful misconduct, or failure to control or enforce applicable rules and policies related to the Property’s use under this Agreement. Such repairs must be completed to the City’s reasonable satisfaction. Alternatively, at the City’s discretion, Consultant shall reimburse the City for the full cost of repairs incurred by the City to restore the Property to its original condition, ordinary wear and tear excepted. Such reimbursement shall be due within thirty (30) days of the City’s receipt of invoices detailing the repairs and the costs therefor. Consultant shall also bear responsibility for any damage resulting from its failure to promptly report issues, such as leaks or other conditions requiring repair, upon discovering or reasonably should have discovered such issues during the course of providing Services. In situations where the damage to the Property is attributable to Consultant’s failure to comply with these obligations, the City reserves the right, in its sole discretion, to charge Consultant for the full cost of repairs, allocate costs between the Parties, or waive Consultant’s responsibility. The City’s determination regarding cost allocation shall be final and binding.
• Condition at Surrender: At the expiration of the Term or upon the earlier termination of this Agreement, the Property shall be delivered to City in as good, safe, and clean condition as practicable, reasonable wear and tear excepted. Consultant shall perform routine upkeep and minor repairs unless City action is required to resolve an issue, as determined under this Agreement.
241
BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"
SCHEDULE OF SERVICES
Service delivery will begin by May 1, 2025. Services will be provided at the Ontario Wellness Center at 1522 W. Mission Blvd., Ontario, CA 91762. Access center and street outreach services will be provided between May 1, 2025 and June 30, 2025. Emergency and interim housing services will begin upon completion of the renovation of the property at 1522 W. Mission Blvd., expected to be on or around July 1, 2025.
242
(BB&K 2017) Exhibit “C”-2
EXHIBIT "C"
COMPENSATION
Proposed budget for the Services are as follows:
Ontario Wellness Center $300,000
Personnel Expenses $188,326
Employee Salaries/Wages $167,360
Payroll Taxes $15,966
Professional Development $5,000
Supplies $15,295
Office Supplies $4,700
Medical Supplies $2,500
FFE $4,700
Meals ($15/day/client) plus expenses $0
Laundry $1,220
Hygiene ($25 @ move in) $375
Misc ($15/month/client) $1,800
Information Technology $14,000
Software and Cloud Services $2,500
Infrastructure $2,500
Client Management System $9,000
Travel & Entertainment $6,600
Meals & Entertainment $1,400
Mileage $5,200
Insurance $10,800
Facility $9,000
Vehicle $1,800
Vehicle Expenses $7,500
Gas & Maintenance $2,800
Vehicle Depreciation $3,200
Leases $1,500
Miscellaneous Expenses $5,800
Facility Maintenance $0
Administrative (10% of Direct Costs) $24,832
Contingency for start-up costs $26,847
Cost to City of Ontario 05/01/2025 – 06/30/25 $300,000
243
(BB&K 2017) Exhibit “C”-3
Proposed budget for Access Center, Outreach Services, and Emergency/Interim Housing Ontario Wellness Center $3,980,612
Personnel Expenses $2,890,825
Employee Salaries/Wages $2,629,930
Payroll Taxes $250,895
Professional Development $10,000
Supplies $378,925
Office Supplies $20,000
Medical Supplies $62,000
FFE $75,000
Meals $197,100
Laundry $10,950
Hygiene $3,075
Misc $10,800
Information Technology $70,000
Software & Cloud Services $10,000
Infrastructure $10,000
Client Management $50,000
Travel and Entertainment $25,000
Staff Meals & Entertainment $5,000
Mileage $20,000
Insurance $59,931
Facility $34,931
Vehicle $25,000
Vehicle Expenses $44,632
Gas & Maintenance $10,000
Vehicle Depreciation $12,000
Lease $22,632
Miscellaneous Expenses $20,000
Billing Service $129,425
Facility Maintenance $0
Administrative (10% of Direct Costs) $361,874
Cost to City of Ontario 07/01/2025 –
06/30/2026
$2,007,000
Cost to Symba Center $1,973,612
Medi-Cal Reimbursements $1,848,612
Grants $125,000
244
Department: Development Administration
Prepared By: Pablo De Lara
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA22- 004) BETWEEN THE CITY OF ONTARIO AND ROSEVILLE INVESTMENTS, LLC AND AMERICAN SUPERIOR LAND, LLC.
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance approving a Development Agreement (File No. PDA22-004) between the City of Ontario and Roseville Investments, LLC and American Superior Land, LLC.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Rich-Haven Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.
BACKGROUND & ANALYSIS: The Ontario Ranch Financial commitments required for construction of properties within a specific plan are substantial. Therefore, to adequately forecast these costs and gain assurance that the Project may proceed under the existing policies, rules, and regulations, Richland Developers Inc, Roseville Investments, LLC, and American Superior Land, LLC (collectively the "Applicant" or "Owner"), has requested that the City enter into negotiations to create a Development Agreement (Agreement).
The Agreement proposes to include 106.1 gross acres of land within Planning Areas 1A, 1B, and 1C land use districts of the Rich-Haven Specific Plan, as shown on the attached Exhibit A. The 245
Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (the Map), provided that the Owner complies with the terms and conditions of the Specific Plan and related EIR.
The Map (see attached Exhibit B) is located at the southwest corner of Haven Avenue and Riverside Drive. It proposes to subdivide 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes.
The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the Project, which includes:
Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and Fiber); and the creation of a Community Facilities District (CFD) for the maintenance of public facilities.
In considering the Agreement at their meeting on February 25, 2025, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC25-010 with a 4 to 0 vote, recommending City Council approval of the Agreement.
ENVIRONMENTAL REVIEW: The environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference.
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Exhibit A:
Rich-Haven SPECIFIC PLAN LAND USE MAP (File No. PSP05-004) 247
Exhibit B:
TENTATIVE TRACT MAP NO. 20526
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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FILE NO. PDA22-004, A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF ONTARIO AND, ROSEVILLE INVESTMENTS,
LLC AND AMERICAN SUPERIOR LAND, LLC, TO ESTABLISH THE
TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT
MAP 20526 (FILE NO. PMTT22-012), LOCATED AT THE SOUTHEAST
CORNER OF HAVEN AVENUE AND RIVERSIDE DRIVE, WITHIN
PLANNING AREAS 1A, 1B, AND 1C OF THE RICH-HAVEN SPECIFIC PLAN (FILE NO. PSP05-004). (APNS: 0218-161-11, 0218-161-04, 0218- 161-05, AND 0218-161-10).
WHEREAS, Richland Developers, Inc ("Applicant") has filed an Application for the approval of a Development Agreement, File No. PDA22-004, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 106.1 gross acres of land, located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No. PSP05-004); and WHEREAS, the Applicant submitted Tentative Tract Map No. 20526 (File No.
PMTT22-012), subdividing 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; and
WHEREAS, the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
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WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC25-010 recommending the City Council approve the Application; and
WHEREAS, on March 18, 2025, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation.
Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts; and (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
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(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.
SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or
(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.
SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the City Council finds that based on the facts 251
and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.
SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending authority for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, is will be consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending authority for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, 252
therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.
SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Development Agreement applies to 106.1 gross acres of land located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No.
PSP05-004); and
(2) The Development Agreement establishes parameters for the development of land within the Rich-Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the RichHaven Specific Plan; and (3) The Development Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (File No. PMTT22-012) as long as the Applicant complies with the terms and conditions of the Rich-Haven Specific Plan and EIR. Tentative Tract Map 20526 is located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan, and proposes to subdivide 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; and
(4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Policy Plan; and
(7) This Development Agreement will not be materially injurious or detrimental to the adjacent properties and will not have a significant impact on the environment or the surrounding properties for which a Subsequent Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007; and
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(8) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.
SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the Development Agreement (File No. PDA22-004), attached hereto as "Attachment A," and incorporated herein by this reference.
SECTION 7: City Manager Administrative Authority. The City Council acknowledges that refinements and further development of the Ontario Ranch development area may demonstrate that changes are appropriate with respect to the details and performance of the parties under the Development Agreement. The City Council desires to retain a certain degree of flexibility with respect to the details of the Ontario Ranch developments, and with respect to those items covered in general terms under the Development Agreement. If and when the City Manager (or designee) and the Developer mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of the Development Agreement, and such are not materially inconsistent with the Development Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications by written amendment to this Agreement, or through one or more memoranda which are mutually approved by the City Manager on behalf of the City and by the Developer, and, after execution, shall be attached to the Development Agreement and become a part thereof. Unless otherwise required by law, no such changes, adjustments, or clarifications shall require prior notice or hearing before the City Council. The City Manager, with the approval of the City Attorney, shall have the authority but not the obligation to execute amendments, memoranda or other documents, and may take any action necessary to implement the Development Agreement.
SECTION 8 Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 9: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 10: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the 254
fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 11: Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 12: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 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 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held March 18, 2025 and adopted at the regular meeting held April 1, 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)
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ATTACHMENT A:
FILE NO. PDA22-004
DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
Roseville Investments, LLC
a Delaware limited liability company
and
American Superior Land, LLC
a Florida limited liability company
(Development Agreement to follow this page)
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1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ONTARIO
CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA22-004
DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
Roseville Investments, LLC
a Delaware limited liability company
and
American Superior Land, LLC
a Florida limited liability company
_________________________, 2025
San Bernardino County, California
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DEVELOPMENT AGREEMENT PDA22-004
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2025 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), and Roseville Investments, LLC, American Superior Land, LLC, (hereinafter “OWNER”)
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that Rich Haven Specific Plan (State Clearinghouse No. 2006051081 (the “FEIR”). The City Council found and determined that the FEIR was prepared in accordance with the requirements of the California Environmental Quality Act and adequately describes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and the Rich Haven Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary 259
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improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.
WHEREAS, the Property is located in an area of the City of Ontario that has been known as the “New Model Colony” area and the New Model Colony area has now been renamed as “Ontario Ranch.”
WHEREAS, the property developer/owners are made aware of the South Archibald Trichloroethylene (TCE) Plume Disclosure Letter (Exhibit “G”). Property owner may wish to provide the attached Letter as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. This may include notifications in the Covenants, Conditions and Restrictions (CC&Rs) or other documents related to property transfer and disclosures. Additional information on the plume is available from the Santa Ana Regional Water Quality Control Board at http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000004658.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:
1.1.1 “Agreement” means this Development Agreement.
1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.
1.1.3 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony, entered into between the CITY and NMC Builders as of the 4th day of October, 2005, and all amendments thereto and “Construction Agreement Amendment” means that First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 21st day of August 2012.
1.1.4 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, 260
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but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.
1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review;
(d) conditional use permits (including model home use permits), public use permits and plot plans;
(e) zoning;
(f) grading and building permits.
1.1.6 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services 261
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under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement.
1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.
1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.
1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public record on the Effective Date.
1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D” and all other Land Use Regulations that are in effect and a matter of public record on the Effective Date.
1.1.12 “General Plan” means the General Plan adopted on August 16, 2022.
1.1.13 “Improvement” or “Improvements” means those public improvements required to support the development of the Project as described in the Tract Map conditions for Tract No.20526 as further described in Exhibit “F” (the “Infrastructure Improvements Exhibit”).
1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; 262
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(e) the exercise of the power of eminent domain.
1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.
1.1.16 “Model Units” includes model units, private common recreation facilities and sales facilities constructed by OWNER prior to the construction of any Production units and not offered for sale and occupancy for a period of time after the issuance of permits for Production Units.
1.1.17 “Net MDD” means net maximum daily water demand.
1.1.18 “NMC Builders” means the consortium of investors and developers responsible for the construction of infrastructure within the New Model Colony incorporated as NMC Builders, LLC.
1.1.19 “OWNER” means the persons and entities listed as owner on page 1 of this Agreement and their permitted successors in interest to all or any part of the Property.
1.1.20 “Phase 2 Water EDUs” means the number of equivalent dwelling units or non-residential square footage assigned to OWERN upon payment to CITY of the Phase 2 Water Participation Fee for the Project and evidenced by the issuance by CITY of a Certificate of Phase 2 Net MDD Availability in the form attached as Exhibit “G”.
1.1.2.1 “Phase 2 Water Improvements” means the future water infrastructure Improvements required for the issuance by CITY of the “Water Availability Equivalents” (WAE) for the Project.
1.1.22 “Phase 2 Water Participation Fee” means the fee paid to City upon City approval of the first Development Entitlement for the Project, to fund the Property’s respective share of the projected costs of the design and construction of the Phase 2 Water Improvements by City. The Phase 2 Water Participation Fee shall be the calculated amount of the Regional Water DIF for the Project based upon the number of units, and land use category for residential units or the number of square feet, and land use category for non-residential square footage of the Project.
1.1.23 “Production Unit(s)” means all units constructed for sale and occupancy by OWNER and excludes the specified number of Model Units constructed by OWNER for promotion of sales.
1.1.24 “Project” means the development of the Property contemplated by the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.
1.1.25 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
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1.1.26 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.
1.1.27 “Specific Plan” means that certain specific plan adopted by the City Council, and entitled, “Rich Haven Specific Plan.”
1.1.28 "Storm Water Treatment Capacity Availability” means a designated portion of the total Storm Water Treatment Capacity Availability made available through the completion of construction of a Phase of regional storm water treatment facilities by the NMC Builders LLC as described in the Construction Agreement Amendment. The amount, in acres, of Storm Water Treatment Capacity Availability required for the issuance of a grading permit shall be based upon the factors and assumptions listed in the Construction Agreement Amendment.
1.1.29 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
1.1.30 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
1.1.31 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available through the construction of each Phase described in the Water Phasing Plan of the Construction Agreement. The number of Water Availability Equivalents (of portions thereof) required for the issuance of each building permit shall be based upon water demand factors and assumptions listed in the Construction Agreement and Construction Agreement Amendment as “Water Availability Equivalents by Land Use” for each land use category.
1.1.32 “Amendment to the Construction Agreement” means the amendment to the Construction Agreement modifying the boundaries of the property in Exhibit A of such Construction Agreement to include the Property covered by this Agreement and to provide for the additional funds required for CITY’s future construction of the “Phase 2 Water Improvements” described in a modification to Exhibit C-3 of the Construction Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
Exhibit “A” — Legal Description of the Property.
Exhibit “B” — Map showing Property and its location.
Exhibit “C” — Existing Development Approvals.
Exhibit “D” — Existing Land Use Regulations.
Exhibit “E” — Description of Required Infrastructure Improvements 264
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Exhibit “F” — Depiction of Required Infrastructure Improvements and Phasing Exhibit “G” - Form of Certificate of Net MDD to be issued by CITY Exhibit “H” – Form of Certificate of DIF Credit to be issued by CITY Exhibit “I-1” – Ontario Ranch Water Supply Phasing Plan Exhibit “I-2” - Water Demand Equivalents by Land Use
Exhibit “J” - Form of Plume Disclosure Letter
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.
2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.
2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. The term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
(b) In non-mixed use and residential use only projects, the OWNER shall have obtained, as applicable, building permits for at least seventy percent (70%) of the actual number of residential units permitted under this Agreement; and (c) OWNER is not then in uncured default of this Agreement.
2.4 Assignment.
2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment 265
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shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume. OWNER may wish to provide the attached Disclosure Letter (Exhibit J) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq.(b) (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY’s City Manager, in writing, of such sale, transfer or assignment and shall provide CITY with: (1) an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned; and (2) the payment of the applicable processing charge to cover the CITY’s review and consideration of such sale, transfer or assignment.
(c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.
Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.
2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder.
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2.4.3 Effect of Assignment and Release of Obligations. In the event of a sale, transfer or assignment pursuant to the provisions of Section 2.4.2 above:
(a) The assignee shall be liable for the performance of all obligations of OWNER with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the “Retained Property”). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
(c) The assignee’s exercise, use and enjoyment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.
2.4.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.
2.4.5 Termination of Agreement with Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.
2.4.6 Partial Assignment and Assumption. CITY and OWNER agree OWNER may partially assign its obligations and rights under this Agreement, and all amendments hereto, to a purchaser, transferee or assignee of a lot, which has been subdivided subject to provisions of a partial assignment and assumption agreement in a form approved by CITY. Any such complete and executed partial assignment and assumption of this Agreement shall be submitted to CITY for approval pursuant to Section
2.4.1 of this Agreement. CITY shall review, and if the above conditions, including but not limited to, those conditions in Section 2.4.2, are satisfied, CITY may approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.6 shall cause, or otherwise affect, a release of OWNER from the duties and obligations under this Agreement that are retained by OWNER and excluded from the transfer or assignment. 267
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2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either Party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For purposes of this section, the term “successor in interest” shall mean any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.
2.5.1 Amendment to Reflect Consistency With Future Amendments to the Construction Agreement. To the extent any future amendment to the Construction Agreement provides for modifications to rights or obligations that differ from or alter the same or similar rights or obligations contained in this Development Agreement, OWNER reserves the right to request an amendment to the Development Agreement to reflect any or all of such modifications.
2.5.2 Minor Modification. Upon the written application of OWNER, minor modifications and changes to the Development Plan including modifications to building design or footprint (not affecting minimum setbacks), parking layout and design, and landscape area design may be approved by the Director of the Planning Department without the need to amend this Development Agreement. Other changes in the Development Plan shall be processed pursuant to the City Zoning Ordinance. It is also contemplated by CITY and OWNER that OWNER may, from time to time, seek amendments to one or more of the Development Approvals. Any such amendments are contemplated by CITY and OWNER as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by CITY, continue to constitute the Development Approvals as referenced herein. The parties agree that any such modifications or amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section
2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
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(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.
Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY.
2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limitation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:
If to CITY:
Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:
Richland
Attn: Craig Cristina, Vice President
3161 Michelson Drive, Suite 425
Irvine, CA 92612
with a copy to:
Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
with a copy to:
Richland
Attn: Legal Department
3161 Michelson Drive, Suite 425
Irvine, CA 92612
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
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3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.
3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.
City of Camarillo (1984) 37 Ca1. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.
3.4 Requirement for Public Infrastructure Improvements. Development of the Property is contingent in part on the phasing of area-wide infrastructure improvements over which the OWNER has control. The issuance of building permits by CITY for Model Units and Production Units is, in general, contingent on OWNER’s completion of needed infrastructure improvements and the availability of improvements and services to serve the Property.
3.4.1 Attached hereto as Exhibit “F” is a description of the infrastructure improvements needed for the development of the Property (“the Infrastructure Improvement Exhibit”).
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3.4.2 Construction of Model Units, private common recreation facilities, and sales facilities is subject to plan submittal by OWNER and approval by CITY. Said plan shall illustrate that adequate public infrastructure is available to serve these uses, and shall describe the utilities and other infrastructure necessary to provide sufficient fire protection and other public health and safety requirements.
3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change, and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit “C” and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
3.6 Reservations of Authority.
3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;
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(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety;
(e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan; (f) Regulations that may conflict but to which the OWNER consents.
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief). 272
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3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
3.7 Public Works; Utilities. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Project. As a further condition of development approval, OWNER shall contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY.
3.7.1 OWNER agrees that development of the Project shall require the construction of Storm Drain facilities as described in Exhibit E and depicted in Exhibit F. OWNER shall be responsible for the construction of the necessary extension of master planned Storm Drain facilities.
3.7.2 OWNER agrees that development of the Project shall require the construction of street improvements as described in Exhibit E and depicted in Exhibit F.
3.7.3 OWNER agrees that development of the Property shall require the extension of permanent planned water and recycled water utility infrastructure as described in Exhibit E and depicted in Exhibit F consisting generally of the construction of the extension of permanent water and recycled water utility improvements to serve the Property. OWNER agrees that no building permits shall be issued by CITY for Production Units within a development phase prior to completion of the water and recycled water Improvements as described in Exhibit E and depicted in Exhibit F. OWNER also agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property.
3.7.4 OWNER agrees that development of the Property shall require the extension of permanent sewer improvements, at OWNER’s sole cost and expense, as described in the attached Exhibit F consisting generally of the construction of the extension of sewer infrastructure to serve the Property.
3.7.5 OWNER agrees that development of the Property shall require the extension of permanent master planned fiber optic communications infrastructure, at OWNER’s sole cost and expense, as described in the attached Exhibit F 273
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consisting generally of the construction of the extension of fiber optic communications infrastructure to serve the Property.
3.7.6 OWNER agrees that development of the project shall require the design and construction of three (3) non-DIF traffic signals at Haven Avenue and “Future Street”, Haven Avenue and Street “B”, and Bethany Way and Mill Creek Avenue; and one (1) DIF credit eligible traffic signal at Haven Avenue and Chino Avenue.
Development of the project shall also require the modification of one (1) existing DIF credit eligible traffic signals at Haven Avenue and Riverside Drive, as described in the attached Exhibit E and depicted in Exhibit F consisting generally of the construction of the signal modifications to serve the Property. OWNER shall complete traffic signals prior to the fiftieth (50th) percentile building permit within a development phase in which the signal is required.
3.8 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.
3.8.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, but such requirement is not based upon the Construction Agreement, Sections 3.8.1 and 3.8.2 shall control the acquisition of the necessary property interest(s) (“Non-Construction Agreement Offsite Property”). If the OWNER is unable to acquire such Non-Construction Agreement Offsite Property and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non-Construction Agreement Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Construction Agreement Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non-Construction Agreement Subject Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Non-Construction Agreement Offsite Property, subject to the conditions set forth in this Section 3.8.
The CITY and OWNER acknowledge that the timelines set forth in this Section
3.8.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to 274
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complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.
3.8.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.
3.10 Tentative Tract Maps; Extension. With respect to applications by OWNER for tentative subdivision maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY’s subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date of this Agreement.; The CITY’s City Council may, in its discretion, extend any such map for an additional period of up to five (5) years beyond its original term, so long as the subdivider files a written request for an extension with the City prior to the expiration of the initial five (5) year term.
4. PUBLIC BENEFITS.
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4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.
4.2 Development Impact Fees.
4.2.1 Amount of Development Impact Fee. Development Impact Fees (DIF) shall be paid by OWNER. The Development Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.
4.2.2 Time of Payment. The Development Impact Fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable residential or other unit, except for the Open Space and Habitat Acquisition Development Impact fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit. Deferral of the payment of Development Impact Fees may be granted pursuant to a separate agreement approved by City pursuant to City policy.
4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achievement of a park standard of 5 acres of parkland per 1,000 residents) OWNER shall provide improved parks, developed in accordance with the City’s park standards in an amount equal to two (2) acres per 1,000 of projected population without credit, reimbursement, offset or consideration from City. Such areas shall either be dedicated to the City or transferred to a homeowners’ association. If approved by the City Manager, OWNER may satisfy this requirement through the development of non-public recreation facilities such as private recreational clubhouses or pool facilities.
Credit for such private recreational facilities areas shall be limited to a maximum of 50% of the foregoing park development requirement. If OWNER’s Project does not provide dedicated and developed park acreage equal to two (2) acres per 1,000 projected population, OWNER shall pay a fee in-lieu equal to the per acre estimated costs of acquisition and development of parkland in the City’s Development Impact Fee for the calculated park acreage deficiency. Such in-lieu fee shall be due and payable prior to the issuance of the first building permit for Production Units issued to OWNER. Any park dedication and/or improvements in excess of such two (2) acres per thousand standard, provided such park has been 276
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developed in accordance with the City’s park standards and is open to the public generally, shall entitle OWNER to a credit toward its obligations under the Quimby Act (Gov. Code, § 64477) and the City’s implementing ordinance and/or resolution (collectively “Quimby Act Obligations”), and to the extent OWNER’s Quimby Act Obligations are satisfied, OWNER shall be entitled to have the City acquire such developed and publicly available parks as Non-Program Interests in accordance with Section 4.3.3 below. (Other provisions will be added that are Projectspecific, if applicable).
4.2.4 Additional Parkland Development Requirements. OWNER is responsible for construction of the 2.20-acre and 2.53-acre parks designated as Lots A and B, respectively, of Tentative Tract Map No. 20526, including any related recreational facilities to be provided therein. OWNER shall submit the design of the park for approval along with the first B-map entitlement within the A-map area. OWNER shall begin construction of the park no later than the issuance of the 315th production building permit for occupancy within the A-map area; and (iii) complete construction prior to issuance of the 500th production building permit for occupancy within the A-map area. The above thresholds are based on current density projections and may be adjusted proportionally upon approval of subsequent Bmaps, considering actual densities and phasing. Any modifications to these milestones must be mutually agreed upon by CITY and OWNER and documented in subsequent written agreements or entitlements.
4.3 Responsibility for Construction of Public Improvements.
4.3.1 Timely Construction of Public Infrastructure. The phasing of the areawide infrastructure construction within the New Model Colony will be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on the attached Exhibit “F” and any and all tentative tract map conditions. Unless otherwise specified in the Subdivision Agreement/Tract Map conditions, all other required Improvements for each Tract Map, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of the first building permit for production units for each such Tract Map. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Tract Map conditions for Tract No. 20526.
4.3.2 Construction of DIF Program Infrastructure (Construction Agreement). To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of the Construction Agreement and any amendments thereto. Use of DIF Credit issued to OWNER as a member of NMC Builders LLC to offset OWNER’s DIF payment obligations shall also be subject to the provisions of the Construction Agreement and any amendments thereto.
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4.3.3 Construction of DIF Program Infrastructure (Non-Construction Agreement).
To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and such public improvements are not included the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit and DIF Reimbursement in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitation on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may also be eligible to receive reimbursement from DIF collected by CITY and paid by other development that benefits from OWNER’s construction of DIF Program Infrastructure. Any such DIF Reimbursement shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.
4.3.4 Availability and use of Recycled Water. OWNER agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property.
4.4 Affordable Housing Requirement.
4.4.1 Affordable Housing- Number of Units. OWNER shall provide a minimum number of affordable housing units, equivalent to 10% of the OWNER’s total approved residential units within the Project, that are affordable to very low-, lowand moderate-income households. Such requirement for affordable housing shall be met through one, or a combination of one or more, of the options provided in the following Sections 4.3.2.1 through 4.3.2.1. For the purposes of this Section, any term not defined in this Agreement shall be as defined by California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.).
4.4.2 Affordability Spread. Of the total number of residential dwelling units specified in Section 4.4.1, to be constructed or rehabilitated pursuant to Sections
4.4.2.1 or 4.4.2.2 respectively, thirty percent (30%) shall be available to very low income, thirty percent (30%) shall be available to low income and forty percent (40%) shall be available to moderate income households. “Households” shall be as defined by California Health and Safety Code Section 50053.
4.4.2.1 New Construction. If OWNER elects to fully or partially satisfy the affordable housing requirement by the construction of new residential units, it shall construct and restrict the affordability of residential dwelling units within its Project or, at OWNER’s option and with the approval of the City, within another project elsewhere within the City. The affordable units constructed shall be intermingled with other units as part of the Project, and shall be built to the same construction, design and aesthetic standards, as 278
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well as number of rooms, as other units constructed as part of that OWNER’s Project. In addition, the percentage ratio of affordable units offered for sale versus those offered for rent shall equal the percentage ratio of other units offered for sale versus for rent within OWNER’s Project. Such construction shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not constructed the required percentage of units, based on the number of building permits for non-restricted units, OWNER shall, prior to the issuance of such building permits, provide security (in the form and substance approved by the City Manager and City Attorney) to City in order to ensure the faithful completion of such required percentage of construction of affordable units. If OWNER elects the option of constructing new affordable units, a detailed Affordable Housing Agreement specifying terms for the allowable monthly housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. The Affordable Housing Agreement shall hold a recorded priority position senior to any other non-statutory lien or encumbrance affecting the unit.
4.4.2.2 Rehabilitation. If OWNER elects to fully or partially satisfy the affordable housing requirement by the substantial rehabilitation of existing residential units in the City, it shall substantially rehabilitate and restrict the affordability of the number of residential units specified in Section 4.4.1, provided that such units shall be provided elsewhere within the City. The rehabilitation work shall be substantial and of high quality and shall also address any deferred property maintenance issues on the property. “Substantial rehabilitation” shall mean rehabilitated multi-family rented dwelling units with three or more units and the value of the rehabilitation constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of land value pursuant to Health and Safety Code Section 33413(b)(2)(A)(iii-iv) as such section exists as of the Effective Date of this Agreement. If OWNER chooses the option of rehabilitation of existing housing units within the City, a detailed Affordable Housing Agreement specifying the terms for the allowable month housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. Such rehabilitation shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not rehabilitated the required percentage of units, based on the number of building permits, OWNER shall, prior to the issuance of such building permits, provide security (in the form and substance approved by the City Manager and City Attorney) to the City in order to ensure the faithful completion of such required percentage of rehabilitation.
4.4.2.3 In-Lieu Fee. If OWNER has not fully complied with the requirements 279
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of Section 4.4.1 by providing the minimum number of affordable units through the construction of new affordable units or by the substantial rehabilitation of existing units, shall pay an “Affordability In-Lieu Fee”. If OWNER has not provided any affordable residential units by construction or rehabilitation, the Affordability In-Lieu fee shall be equal to Three Dollars Thirty-Seven Cents ($3.37) per square foot of residential development within OWNER’s Project or, if pre-paid as set forth below, Two Dollars Ninety-Six ($2.96) per square foot of residential development within OWNER’s Project.
If OWNER has partially complied with the requirements of Section 4.4.1 by construction or rehabilitation of less than the minimum number of units, then the Affordability In-lieu Fee shall be recalculated and reduced in consideration of the number and type of affordable units provided. The Affordability In-Lieu Fee shall be paid by OWNER to City no later than prior to the issuance of each building permit within OWNER’s Project based on the square footage of the residential unit for which such building permit is sought; provided however that OWNER may, at OWNER’s election, pre-pay such Affordability In-Lieu Fee by paying such Affordability In-Lieu Fee within thirty (30) days following the earliest discretionary approval by the City for OWNER’s Project, including, but not limited to, any general plan amendment, specific plan adoption, development agreement, tentative map approval, variance, conditional use permit, or resolution of intention to form any public financing mechanism. The Three Dollars Thirty-Seven Cents ($3.37 Two Dollars Ninety-Six ($2.96) per square foot amounts shall automatically be increased annually, commencing on July 1, 2024, and automatically each July 1 thereafter. Such adjustment shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year. The pre-paid Affordability In-Lieu Fee shall be calculated based on the maximum floor area ratio (FAR) permitted within the General Plan and any applicable FAR contained within the applicable specific plan, whichever is greater, and the Maximum Development Density. For purposes of this Agreement, “Maximum Development Density” shall be determined by multiplying the OWNER’s Project’s density for residential development potential as set forth in the General Plan or the applicable Specific Plan, whichever is less, by the net acreage of land within OWNER’s Project. All “Affordability In-Lieu Fees” collected by the City shall be used to promote the construction of affordable housing within the City.
4.4.2.4 Affordability Covenants. Prior to the issuance of the first building permit for any affordable unit, the City and OWNER shall enter into an Affordable Housing Agreement Affordability shall be assured for a period of forty-five (45) years for for-sale units and fifty-five (55) years for rentals. For rental units, base rents shall be established by the City and rental adjustments required by the City shall be performed on an annual basis. In addition, the Affordable Housing Agreement shall impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and a requirement for the owner or tenant to properly maintain 280
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each dwelling unit.
4.4.2.5 Transfer of Affordable Project. No transfer of title to any affordable housing project shall occur without the prior written consent of the City. In the event OWNER transfers title to any affordable housing project required to be constructed pursuant to this Agreement to a non-profit entity, or other entity, that receives an exemption from ad valorem real property taxes, the City shall be required to assure payment of an annual in lieu fee to the City on July 1 of each year equal to one-tenth of one percent (0.1%) of the assessed value of such project. The City may permit OWNER to satisfy this obligation by recorded covenants against the property and enforceable against said entity by the City. Any such covenants shall be approved by the Planning Director and the City Attorney.
4.5 Schools Obligations.
4.5.1 Written Evidence of Compliance with Schools Obligations. OWNER shall, either through joint or individual agreements between OWNER and the applicable school district(s), shall satisfy its new school obligations. The new school obligations for the Mountain View School District in the Ontario Ranch area have been projected to include the acquisition or dedication of school sites for, and construction of, up to eight (8) schools. Of these eight (8) schools, six (6) are to be elementary (K-5) grade schools and two (2) are to be middle grade schools. The new school obligations for the Chaffey Joint Union High School District in the Ontario Ranch area have been projected to include the dedication of a school site for, and construction of, an additional high school. The new school obligations for the applicable school district shall be met by a combination of the following: (1) designating and dedicating school site(s) within the Property as set forth in the General Plan, and/or (2) paying school impact fees, (3) entering into a joint mitigation agreement or individual mitigation agreements, or (4) any combination of the foregoing. Written evidence of approval by the applicable school district that OWNER has met their school obligations may be required by the City as the condition to the issuance by the City of any entitlements for OWNER’s Project. In the event OWNER is unable to provide such written evidence from the applicable school district(s), the City shall have the right to decline to honor any DIF Credit, Certificates of MDD Availability, Certificates of Storm Water Treatment Capacity Availability, or any combination thereof, presented by such OWNER, without liability to the City. To the extent that a joint mitigation agreement is approved by the applicable school district(s), and OWNER is a participant in good standing in such mitigation agreement, OWNER shall be deemed to have mitigated its new school obligations under this Section 4.4.1.
4.6 Net MDD/Water Availability Equivalents.
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4.6.1 Effectiveness of Agreement. Notwithstanding anything else set forth in this Agreement, CITY and OWNER each acknowledge, confirm, and agree, that (i) the City approval of this Agreement and (ii) the effectiveness of this Agreement, in each case, is conditioned upon OWNER’s admission to NMC Builders as a “Member” thereof pursuant to the terms and conditions of the operating agreement of NMC Builders. OWNER and CITY agree that OWNER shall become a Member of NMC Builders within 30 days of the effective date of this Agreement.
4.6.1 Assigned Net MDD/Water Availability Equivalents. The City has agreed with NMC Builders LLC to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements funded by NMC Builders LLC. NMC Builders has assigned to OWNER its allocable share of the Net MDD issued by City. The provisions of the Construction Agreement Amendment requires that the City shall not approval a final tract map or issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders LLC, except to the bearer of an Assignment of Net MDD Water Availability.
4.6.2 Requirement of NMC Builders, LLC Membership as a Phase 2 Water Member. OWNER and CITY agree that OWNER’s’ payment to CITY required by Section 4.6.3 below represents OWNER’s contribution to the funding required for the future construction of the Phase 2 Water Improvements and the availability of additional Net MDD Water Availability required for the development of the Property described in Exhibit A of this Agreement.
4.6.3 CITY issuance of Water Availability Equivalents. Within 30 days after the effectiveness of this Development Agreement OWNER shall pay or have paid to City the applicable Phase 2 Water Participation Fee. The Phase 2 Water Participation Fee shall be the calculated based on the amount of the Regional Water DIF for the applicable land use category and the square footage of the applicable buildings. The calculated amount of the Phase 2 Water Participation Fee shall be paid to City within 30 days after the effective date of this Agreement or, at OWNER’s option, the Phase 2 Water Participation Fee may be paid to City in two (2) installments. The first installment shall be fifty percent (50%) of the total Phase 2 Water Participation Fee and such first installment shall be due and payable to City within 30 days after the effective date of this Development Agreement. The second installment shall be the remaining amount of the Phase 2 Water Participation Fee and such second installment shall be due and payable to City within one (1) year after the payment of the first installment, or prior to, and as a condition precedent to, the recording of any final Parcel Map for the Project, whichever occurs first. Upon OWNER’s complete payment to CITY of the Phase 2 Water Participation Fee CITY shall issue a Certificate of Water Availability Equivalents in the form attached hereto as Exhibit G. Such Water Availability Equivalents Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. CITY and OWNER agree that the amount of Water Availability Equivalents issued to OWNER shall be based on the maximum 282
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projected need for Water Availability Equivalents required for the Property based upon water demand factors and assumptions listed in Exhibit C-2R of the Phase 2 Water Amendment to the Construction Agreement “Water Demand Equivalents by Land Use” for each land use category. Additionally, within five (5) business days of CITY’s receipt of OWNER’s payment as required under this Section 4.6.3, CITY shall issue a certificate of DIF Credit against OWNER’s DIF obligations in the Regional Water DIF Category.
4.6.2 Use of Assigned Net MDD Water Availability. OWNER shall provide evidence of sufficient Net MDD Water Availability Equivalents (or portions thereof) prior to and as a condition precedent to, the City’s approval of any and all tract maps for the Property. The amount of Net MDD Water Availability Equivalents required for City’s approval of a tract map shall be based upon water demand factors and assumptions listed in Exhibit C-2R of the Construction Agreement Amendment as “Water Demand Equivalents by Land Use” for each land use category.
4.6.3 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to an OWNER’s Project, including those relating to design and construction of planned potable water and recycled water transmission and distribution system for the respective pressure zone and other public infrastructure requirements.
4.7 Storm Water Capacity Availability.
4.7.1 Requirement for Storm Water Treatment Capacity Availability. OWNER shall provide evidence of sufficient Storm Water Treatment Capacity Availability as reserved in a Certificate of Storm Water Treatment Capacity Availability the same manner and subject to the same limitations as provided for the assignment of Certificates of Net MDD Availability in Section 4.7 of this Agreement.
4.7.2 Use of Storm Water Treatment Capacity Availability. The amount of Storm Water Treatment Capacity Availability required for the issuance of a grading permit to OWNER shall be based upon the Net Residential Acreage of the area to be graded regardless of the corresponding use.
4.7.3 Requirement for other Storm Water Improvements. The Certificate of Storm Water Treatment Capacity Availability is evidence only of available storm water treatment capacity and does not satisfy any other conditions applicable to a particular development project, including those relating to on-site water treatment, water quality, connection to the storm water collection system, or other public infrastructure requirements.
4.8 Maintenance of Open Space. OWNER shall provide for the ongoing maintenance of all park, common areas and open space areas within the Project as more particularly set forth in the Specific Plan, through a homeowners’ 283
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association as approved by the CITY. Covenants, conditions and restrictions establishing any homeowners’ association shall be approved by the Planning Director and City Attorney.
4.9 Compliance with Public Benefits Requirements.
4.9.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.9, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8.4 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Projectrelated building permits, certificates of occupancy, or discretionary approvals, without liability.
5. FINANCING OF PUBLIC IMPROVEMENTS.
5.1 Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Tract Map for the Property, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,371.52 per Single Family Detached Dwelling Unit, $1,188.58 per Multiple-Family Dwelling Unit, $996.75 per Gated Apartment Community Dwelling Unit, and $.25 per square foot for Non-Residential buildings. These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year, unless modified by CITY. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.2 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, 284
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assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1. Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time.
Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1 Periodic and Special Reviews.
6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 through 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.
6.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning staff;
(2) Affirmative vote of at least four (4) members of the Planning Commission; or
(3) Affirmative vote of at least three (3) members of the City Council.
6.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that the CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.
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6.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the OWNER.
6.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.
6.1.6 Procedure Upon Findings.
(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.
(b) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (c) The OWNER may appeal a determination pursuant to
paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.
6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.
The notice shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and
(c) Other information that the CITY considers necessary to inform the OWNER of the nature of the proceeding.
6.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 286
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6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.
7. [RESERVED]
8. DEFAULT AND REMEDIES.
8.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.
8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 8.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other 287
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choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.
8.3 Release. Except for nondamaged remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.
8.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
8.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.
9. THIRD PARTY LITIGATION.
9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law. 288
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OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.
9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.
9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.
9.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.
9.5 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER 289
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shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.
9.6 Survival. The provisions of this Sections 9.1 through 9.6, inclusive, shall survive the termination of this Agreement.
10. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 290
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11. MISCELLANEOUS PROVISIONS.
11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.
11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.
Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.
11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.
11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
11.6 Singular and Plural. As used herein, the singular of any word includes the plural.
11.7 Joint and Several Obligations. Subject to section 2.4, if at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, 291
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and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.
11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.
11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.
11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.
11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.
11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or 292
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determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.
11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
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11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 11.20 prior to CITY’s issuance of such certificates.
11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
11.22 Prevailing Wage. OWNER, for itself, its successors, and assigns, agrees, covenants, and warrants that the development of the Property, if any, shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire apprentices), and all obligations as set forth herein.
11.22.1 CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.
11.22.2 OWNER acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying therewith. OWNER shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
11.22.3 The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Property by OWNER, its successors or assigns. OWNER shall be solely responsible for determining and effectuating compliance with such laws.
11.22.4 OWNER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND
ASSIGNS, WAIVES AND RELEASES CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO OWNER PURSUANT TO LABOR CODE SECTION 1781 OR THE DAVIS BACON ACT. RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 11.22, OWNER ACKNOWLEDGES THE PROTECTIONS OF CIVIL 294
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CODE SECTION 1542, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
_______________
(Owner's Initials)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT FILE NO. PDA22=004
"OWNER"
American Superior Land, LLC
a Delaware limited liability company
By: ________________________
John Troutman
Vice President
Date: ___________________
Roseville Investments, LLC
a Florida limited liability company
By: ________________________
John Troutman
Vice President
Date: ___________________
"CITY"
CITY OF ONTARIO
By:
Scott Ochoa
City Manager
Date: ___________________
ATTEST:
City Clerk, Ontario
APPROVED AS TO FORM:
BEST BEST KRIEGER, LLP
City Attorney
296
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF____________________ )
On _________________, 20_____, before me,______________________________________, Date Insert Name and Title of the Officer
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 297
D-1
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF____________________ )
On _________________, 20_____, before
me__________________________________,
Date Insert Name and Title of the Officer
personally appeared
________________________________________________________ Name(s) of Signer(s)
__________________________________________________________________ ______, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 298
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EXHIBIT "A"
TO DEVELOPMENT AGREEMENT
Legal Description of Property
Real property in the City of Ontario, County of San Bernardino, State of California, described as follows:
PARCEL 1: (APN: 0218-161-11-0-000)
The East 35 acres of the South one-half of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.
Except any portion within the North 10 acres of the Southeast 1/4 of the Northwest 1/4 of said section conveyed to Chaffey Joint Union High School District, a political subdivision of State of California in grant deed recorded January 6, 2000 as Instrument No. 2000-0005735 of Official Records.
Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338801 of Official Records.
PARCEL 2: (APN: 0218-161-04-0-000)
The West one-half of the Northwest one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.
Except therefrom all public streets and highways.
Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338803 of Official Records.
PARCEL 3: (APN: 0218-161-05-0-000)
The East one-half of the Northwest one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof. Except therefrom all public streets and highways.
Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338803 of Official Records.
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PARCEL 3A: (APN: PORTION OF 0218-171-22-0-000)
An undivided 1/3rd interest in the well-site described as the West 5.00 feet of the South
8.00 feet of the North 72.50 feet of the Northeast one-quarter of the Northeast one- quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian and the East 5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northwest one- quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.
PARCEL 3B:
A non-exclusive easement right-of-way per that document recorded March 10, 1976 in Book 8880, page 113 of Official Records to construct, maintain, operate, remove, replace and repair water pipeline together with valves and other equipment over, under, along and across the certain strip of land located within the lines of the property described as follows:
The South 4 feet of the North 34 feet of the Northwest one-quarter of the Northeast one- quarter and the Northeast one-quarter of the Northwest onequarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, also the South 48.50 feet of the North 82.50 feet of the East 30.00 feet of the Northwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, according to the official plat thereof.
PARCEL 4: (APN: 0218-161-10-0-000 AND PORTION OF 0218-171-22-0-000) The Southwest one-quarter of the Northwest one-quarter and the West 5 acres of the Southeast one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.
Together with an undivided 1/6 interest in the well-site described as the West
5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northeast onequarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West San Bernardino Meridian and the East 5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof. Except any portion within the North 10 acres of the Southeast 1/4 of the Northwest 1/4 of said section.
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EXHIBIT "B"
TO DEVELOPMENT AGREEMENT
Map showing Property and its location
301
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EXHIBIT "C"
TO DEVELOPMENT AGREEMENT
Existing Development Approvals
On October 23, 2007 the Planning Commission:
a) Issued Resolution No. PC07-125 recommending City Council certification of the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Issued Resolution No. PC07-127 recommending to City Council approval of the Rich-Haven Specific Plan (File No. PSP05-004).
On December 4, 2007, the City Council:
a) Issued Resolution No. 2007-145 certifying the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Adopted Ordinance No. 2884 approving the Rich-Haven Specific Plan.
On February 23, 2016, the Planning Commission:
a) Issued Resolution No. PC16-003 recommending City Council adoption of an Addendum to the Rich-Haven EIR.
b) Issued Resolution PC16-004 recommending approval of the Rich-Haven Specific Plan Amendment (File No. PSPA16-001).
On March 15, 2016, the City Council:
a) Issued Resolution No. 2016-024 for the adoption of an Addendum (File No. PSPA16-001) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2016-025 approving an Amendment (File No.
PSPA16-001) to the Rich-Haven Specific Plan.
On January 23, 2018, the Planning Commission:
a) Issued Resolution No. PC18-014 recommending City Council adoption of an Addendum to the Rich-haven EIR.
b) Issued Resolution No. PC18-015 recommending to City Council adoption of the Rich-Haven Specific Plan Amendment (File No. PSPA16-005).
On February 20, 2018, the City Council:
a) Issued Resolution No. 2018-017 for the adoption of an Addendum (File No. PSPA16-005) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2018-018 approving an Amendment (File No.
PSPA16-005) to the Rich-Haven Specific Plan.
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EXHIBIT "D"
TO DEVELOPMENT AGREEMENT
Existing Land Use Regulations
These documents are listed for reference only:
1. The Rich-Haven Specific Plan (File No. PSP05-004) Environmental Impact Report, Resolution No. 2007-145.
2. The Rich-Haven Specific Plan (File No. PSP05-004), Ordinance No. 2884.
3. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-001) Environmental Impact Report, Resolution No. 2016-024.
4. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-001), Resolution No. 2016-025.
5. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-005) Environmental Impact Report, Resolution No. 2018-017.
6. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-005), Resolution No. 2018-018.
7. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks & Recreation
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EXHIBIT "E"
TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
PHASE 1 IMPROVEMENTS
1. SW on Haven Avenue, between Riverside Drive and North of Nelson Drive.
2. SW on Twinkle Avenue, between Street “G” and Chino Avenue.
3. SW on Chino Avenue, between Haven Avenue and Twinkle Avenue.
4. SW on Chino Avenue, between Lots 1 and 2 and Mill Creek Avenue.
5. SW within Lots 1 and 2 between
6. SW on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.
7. PW on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.
8. RW on Chino Avenue, between Haven Avenue to Mill Creek Avenue.
9. RW on Streets “A”, “B”, “D”, and “H”.
10.SD on Haven Avenue, between Future Street and South of Chino Avenue.
11.SD on Twinkle Avenue, between Street “G” and South of Chino Avenue.
12.SD on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.
13.SD within Lots 1 and 2 between Street “A” and Chino Avenue.
14.SD on Chino Avenue between Lot 1 and Mill Creek Avenue to POC
15.SD within Lots 2 and 4 between Street “A” and Twinkle Ave.
16.FO on Haven Avenue, between Riverside Drive and Street “B”.
17.FO on Twinkle Avenue, between Street “G” and Chino Avenue.
18.FO on Chino Avenue, between Haven Avenue and Mill Creek Avenue.
19.FO on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.
20.ST improvements on Haven Avenue, between Riverside Drive and Chino Avenue.
21.ST improvements on Twinkle Avenue between Street “G” and Chino Avenue.
22.ST improvements on Chino Avenue, between Haven Avenue and Mill Creek Avenue.
23.ST improvements on Mill Creek Avenue between Bethany Way and Chino Avenue.
24.ST improvements on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.
25.Traffic Signal at Haven Avenue and Street “B”.
26.Traffic Signal at Haven Avenue and Chino Avenue.
27.Traffic Signal Modification at Haven Avenue and Riverside Drive.
28.Traffic Signal at Bethany Way and Mill Creek Avenue. 304
PHASE 2 IMPROVEMENTS
1. SW on Street “G”, between Street “D” and Street “E”.
2. PW on Streets “D” and “G”.
3. SD on Street “G”, between Street “D” and Street “E”.
4. SD within Lot 12 between Street “G” and Chino Ave.
5. SD on Chino Avenue between Lot 12 and Haven Avenue.
6. FO on Streets “D” and “G”.
7. ST improvements on Street “D” and “G”.
PHASE 3 IMPROVEMENTS
1. SW on Street “C”, between Riverside Drive and Street “H”.
2. PW on Street “C”, between Riverside Drive and Street “H”.
3. RW on Street “C”, between Riverside Drive and Street “H”.
4. SD on Street “C”, between Riverside Drive and Street “H”.
5. FO on Street “C” between Riverside Drive and Street “H”.
6. ST improvements on Riverside Drive, between Haven Avenue and easterly tract boundary.
7. ST improvements on Street “C”, between Riverside Drive and Street “H”.
8. Traffic Signal at Haven Avenue and Future Street.
305
EXHIBIT “F”
TO DEVELOPMENT AGREEMENT
Depiction of Required Infrastructure Improvements
(SEE ATTACHED EXHBITS)
306
307
308
309
310
EXHIBIT "G"
TO DEVELOPMENT AGREEMENT
FORM OF CERTIFICATE OF NET MDD AVAILABILITY
Pursuant to Section ___ of this Agreement between the City of Ontario, a California municipal corporation, and ________________, a __________________ company, hereinafter called "OWNER", the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called "Agreement", the City of Ontario hereby certifies based on CITY receipt of payment of OWNER’s share of the funding for the Phase 2 Water Improvements, that OWNER is entitled to the following Net MDD Water Availability.
Amount of Net MDD _________________________ gpm
________________________________________
Scott Ochoa, City Manager
Dated:_________________________________
311
EXHIBIT “H”
TO DEVELOPMENT AGREEMENT
FORM OF CERTIFICATE OF REGIONAL DIF CREDIT
Pursuant to Section 4.5.2 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 201_, the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the “Development Agreement’, the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:
Amount of Credit: $
Scott Ochoa, City Manager
Dated:
312
Exhibit “I-1”
ONTARIO RANCH
WATER SUPPLY PHASING PLAN
Phase 2 Water
Availability
Equivalency
Estimated
Net MDD Available1
Phase 2 A
Supply & Storage
1. 1 - Additional Ground Water Well and Collection lines - Design and Construction
8,250 gpm2 7,750 gpm2
Pipelines (Transmission & Distribution)2
2. 925 Zone Transmission lines – Design and Construction
3. Temporary Pressure Reducing Station3 – Design and
Construction
Phase 2B
Supply & Storage
4. 1 – Additional Ground Water Well and Collection lines – Design and Construction
5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction
10,500 gpm2 9,860 gpm2
(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-2. (3) Pressure reducing stations are a component of the pipeline transmission and distribution system. 313
EXHIBIT “I-2”
Exhibit “J”
Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (%)
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Services Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Development
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Services Uses (per acre)2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System maximizing Recycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1Recycled Water Demands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.
The Ontario Plan Potable Water Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories. 314
Form of Plume Disclosure Letter
315
Department: Public Works
Prepared By: Lance Verdugo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH UBICQUIA, INC. FOR SMART CITY STREETLIGHT CONTROL SYSTEM SERVICES
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Maintenance Services Agreement with Ubicquia Inc., of Fort Lauderdale, Florida, for Smart City Streetlight Control System Services in the amount of $41,250 for a total notto-exceed contract amount of $511,250.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT: The recommended Amendment No. 1 to the Maintenance Services Agreement with Ubicquia, Inc. is in the amount of $41,250 for a total not-to-exceed contract amount of $511,250 over the five-year term. If approved, additional appropriations in the General Fund and Special Districts fund will be included in future quarterly budget updates to the City Council for approval as needed.
BACKGROUND & ANALYSIS: The Municipal Services Department is responsible for the maintenance and repairs of 12,507 City-owned streetlights. On July 21, 2020, the City Council approved an Energy Services Contract with Climatec, LLC, that included the conversion of City-owned streetlights to energyefficient Light-Emitting Diode (LED) lighting and the installation of the Smart City Control System with Ubicquia, Inc. This included the installation of LED lights, smart nodes, and a three-year connectivity and data retention service through Ubicquia, Inc.
On June 4, 2024, the City Council approved a Maintenance Services Agreement with Ubicquia, Inc. for the continuation of the Smart City Control System for a five-year term. Since the initial implementation, the City has realized significant savings, including $1,326,288 in reduced streetlight electricity costs and an additional $528,000 saved from the elimination of night light surveys due to the system’s data retention and monitoring capabilities. If approved, Amendment No. 1 will include an additional 1,100 new streetlights installed in the Ontario Ranch area to the existing Smart City Streetlight Control System, expanding software monitoring and data capabilities. Staff recommends that the City continue the Smart City Streetlight Control System Services with Ubicquia, Inc. to maintain our current streetlight monitoring services, allowing City staff to view real-time streetlight information, improving response times to maintenance and repairs of City streetlights.
316
1cquia
kn;pl
Ubicquia, Inc.
401 E Las Olas Blvd Suite 1750
Fort Lauderdale, FL 33301 USA
(321) 236-9404
ubicquia.com
Bill To
City of Ontario, CA
303 EBSt
Ontario CA 91764-4196
us
Ship To
City of Ontario, CA
1333 S Bon View Ave
Ontario CA 91761-4404
us
Broadband
End Customer : City of Ontario, CA
Recurring
QTY PART# DESCRIPTION
1,100 5YR-SAAS- 5 Year UbiVu - Connectivity not included
UBICELL
1,100 5YR-DATA- 5 Year Connectivity - Ubivu not included
UBICELL
Hardware Replacement via RMA process
Ubicell and Server Software updates with notifications
Digital Support: Knowbased access and downloads
Estimate#
Date
Expires
Sales Rep
Partner
Shipping Method
Payment Terms
Memo
Est. Sales Tax
Est. Shipping Cost•
Total$
Quote
Q-07101
12/11/2024 11 :40 AM
3/11/2025
Meghan Lanagan
Net 30
Amendment No. 1 To Quote Q-05211
- Covers addtnl 1100 nodes that are
expiring.
Renewal for UBSO1350 and
UBSO1409 (this includes RMA
units on UBSO1721, UBSO1970 &
UBSO1628)
UNIT DISC(%)
PRICE
$16.67 0.00
$20.83 0.00
Recurring TOTAL:
$0.00
$0.00
$41,250.00
TOTAL PRICE
$18,337.00
$22,913.00
$41,250.00
All our sales are subject to our standard Terms & Conditions of Sale *Shipping costs are estimates only and subject to change
317
Amendment No. 1 To Quote Q-05211
SIGNATURE PAGE BETWEEN THE CITY OF ONTARIO AND UBICQUIA, INC.
CITY OF ONTARIO
__________________________________
__________________________________
__________________________________
UBICQUIA, INC
___
_____
318
Department: Public Works
Prepared By: Cynthia Heredia-Torres
Department:
Prepared By: Cynthia Heredia-Torres
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT: AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM
BUSINESS PRODUCTS FOR THE WELLNESS CAMPUS ACCESS CENTER
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:
A. Authorize a cooperative purchase agreement for D&C24-011 Wellness Access Center with Margaret C. Pett, Inc. DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $513,007 plus a 10% contingency of $51,300 for a total not-to-exceed contract amount of $564,307, consistent with the terms and conditions of the Interlocal Purchasing System Contract Number 230301; and B. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The recommended contract amount with Info-Com is $513,007 plus a 10% contingency of $51,300 for a total not-to-exceed contract amount of $564,307. The Fiscal Year 2024- 2025 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the purchase and installation of furniture for the Wellness Access Center.
BACKGROUND & ANALYSIS: The Wellness Access Center is part of the Ontario Wellness Campus which will serve as an access point to vital services, resources, shelter, and emergency needs in the City. In October 2024, the City began renovation and modernization of the existing 12,250 square foot motel located at 1522 West Mission Blvd. to accommodate offices, emergency and temporary housing units for the location of the Wellness Access Center. Staff intends for the Wellness Access 319
Center to be operational while the other areas of the Ontario Wellness Campus are under construction so that the immediate needs of the community are met. This proposed Agreement with Info-Com will provide the furnishings and equipment to not only outfit the residential spaces but also provide the office furniture for Staff, which is necessary to provide services to clients in the Wellness Access Center.
320
46700.00920\43417108.1
(BB&K 2024) - 1 - Goods and Services Agreement
CITY OF ONTARIO
GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Margaret C. Pett, Inc. DBA Info-Com Business Products, a CORPORATION, with its principal place of business at 1472 Morada Place, Altadena, CA 91001 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. Vendor desires to perform and assume responsibility for the provision of certain services and goods required by the City on the terms and conditions set forth in this Agreement.
Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.
B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.
TERMS
1. SCOPE OF SERVICES.
1.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Wellness Access Center with Furniture Planning Services and all Furniture (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.
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
321
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(BB&K 2024) - 2 - Goods and Services Agreement
2. TERM.
2.1 The term of this Agreement shall be from April 1, 2025, to September 30, 2025, unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.
3. FEES AND PAYMENTS.
3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed FIVE HUNDRED THIRTEEN THOUSAND SEVEN DOLLARS ($513,007) without written approval of City’s Manager or designee. 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 Payment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.
3.3 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.
3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.5 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. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor 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 Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to which Vendor is not entitled; and (3) Vendor 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 Vendor is not entitled.
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(BB&K 2024) - 3 - Goods and Services Agreement
4. RESPONSIBILITIES OF VENDOR.
4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
4.2 Schedule of Services.
4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.
4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this Section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Agreement.
4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Vendor to any additional compensation.
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 323
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(BB&K 2024) - 4 - Goods and Services Agreement
4.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.
4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.
4.5 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement.
4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor 324
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(BB&K 2024) - 5 - Goods and Services Agreement
agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
4.8 Reserved.
4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.
4.10 Laws and Regulations; Employee/Labor Certifications. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections.
4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein. 325
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(BB&K 2024) - 6 - Goods and Services Agreement
4.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4.10.1 or 4.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.
4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
4.10.5 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.
4.10.7 Water Quality.
4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, 326
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(BB&K 2024) - 7 - Goods and Services Agreement
pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s noncompliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.
4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.
5. PROJECT MANAGEMENT
5.1 City’s Representative. The City hereby designates Cynthia Heredia-Torres, Design & Construction Project 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 Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
5.2 Vendor’s Representative. Vendor hereby designates Margaret Pett, or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.
6. INSURANCE.
6.1 Time for Compliance. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) 327
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(BB&K 2024) - 8 - Goods and Services Agreement
Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence/$4,000,000 per aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
6.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.
6.2.4 Additional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
6.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, 328
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employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.
6.3.2 Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section
6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.2.
6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.
6.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
6.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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6.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
6.6 Subcontractor Insurance Requirements. Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
6.8 Verification of Coverage. Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
6.9 Reporting of Claims. Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.
7. INDEMNIFICATION.
7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.
7.2 Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.
In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered 330
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against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
8. CALIFORNIA LABOR CODE
8.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “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, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.
8.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
8.3 Compliance Monitoring. This Agreement is also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.
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9. SAFETY.
Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
10. ACCOUNTING RECORDS.
Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
11. TERMINATION OF AGREEMENT.
11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.
The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
11.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.
11.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, goods and services similar to those terminated. 332
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12. GENERAL PROVISIONS.
12.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Vendor:
Margaret C. Pett DBA Info-Com Business Products
Attn: Margaret Pett – ICB Rep
1472 Morada Place
Altadena, CA 91001
City:
City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Cynthia Heredia-Torres, Design & Construction
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.
12.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.
12.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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12.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
12.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
12.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
12.10 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.
12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section
12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
12.12 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.
12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
12.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 334
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12.15 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
12.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
12.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO
AND MARGARET C. PETT, INC. DBA INFO-COM BUSINESS PRODUCTS IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.
CITY OF ONTARIO Margaret C. Pett, inc. DBA Info-Com
Business Products
By:
Its:
Printed Name:
By:
Its:
Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
Assistant City Clerk
336
1 Project: Motor Inn
Address: Ontario, CA
Prepared by: Info-Com Business Products
Phone: 626-818-2312
Email: [email protected]
Date: 2-24-25
Estimate: 25-0224-06
$ 513,006.59
Budgetary Estimate
Office Item Furniture Description Quantity
Pineapple Furniture TIPS Contract # 230301
PLEASE ISSUE PURCHASE ORDER TO:
Lobby Desk 30x72 Reception Desk with Pedestal Storage 1 Monitor arm Dual articulating 1 Seating Task Chair; Ergonomic 1
Seating Lounge/Guest chair 3
Office L Shaped desk Pod 48"x60" or 42"x 60"' Desk Pod for 2 people with 16"H divider screen. Each person has a mobile B/F pedestal with cushion. 4 Monitor arm Dual articulating 8 Seating Task Chair; Ergonomic 8
Electrical Power Unit - USB & Charging 8
Intake Office L Shaped desk Pod 48"x60" or 42"x 60"' Desk Pod for 2 people with 16"Hx60"W PET divider screen. Each person has a mobile B/F pedestal with cusion. 1 Monitor arm Dual articulating 2 Seating Task Chair; Ergonomic 2
Electrical Power Unit - USB & Charging 2
Large Conference Table 36x96 Conference table, no power, laminate 1 Seating Conference Chair 4
Small Conference Table 36x72 Conference table, no power, laminate 1 Seating Conference Chair 4
Staff Room Table 42" Round table 3
Seating Cafe Chair 9
FIrst Floor Emergency Intake Bed Twin Bed with storage. Weighted, with floor mount option; water resistant, one piece consturction. 8 Mattress - Twin Twin Mattress Water resistant, anti vandal material, welded seams, all foam interior, fire retardant. with integrated pillow, easy wipe for hygiene.; 6" 8 Storage Open Chest, 29"H x 27.5"W x 20"D. Weight 53 Lbs, with floor fixing or wall mounted option. One Piece design, water resistant, prevents concealment, hygenic wipe-clean material, safely rounded corners.
2 Desk Desk with 4 open compartments & 30"W kneehole 7
Seating Club chair, weight 123 lbs, 35"Hx24"Wx24"D. Seat 17.5"H. One Piece design, water resistant, prevents concealment, hygenic wipe-clean material, safely rounded corners.
7 Seating Love Seat, weight 271 lbs, 31.9"Hx26.5"Wx58.9"D. Seat 17.1"H. One Piece design, water resistant, hygenic wipe-clean material, safely rounded corners. Can include anti stash base cover plate.
4 FIrst Floor Family Rooms Bed Queen Bed with headboard. 62.25"Dx83"Wx37.5"H. Solid Oak Posts and rail with Oak Veneer panel (36"H). Bolt on adjustable frame holds a 60"Dx80"W matress & box spring.
11 Mattress - Queen Queen Mattress- Liquid resistant mattress with a poly blend cover and a 6" thick foam core 11 Box Spring - Queen Box Spring- Queen 11
Bed Bunk Bed, with safety rail and ladder. Bolt on Stack 36"Dx84.75"Wx57"H. Solid Oak Posts and Rails. Sleep surface Bolt on Sinuous Springs holds a 36"Dx80"W mattress. 3 step solid oak posts and treads Ladder secures with rubber coated hooks to the top frame, 49.25"H x 14.5"W. Bed railing .75"Dx51"Wx16"H. 11 Mattress - Twin Twin Mattress ; Dual Density Foam Welded Seams; Ripstop Cover; 1 Integrated Pillow; 6" 22 Desk Desk with 4 open compartments & 30"W kneehole 13 Seating Chair, plywood seat and back, subtly curved, Hygeiene gap between seat and back. Solid Birch Legs, finished in clear lacquer. 34.2"H x 18.5"W x 21.6"D Seat height 17.9" . Weight 16.5 lbs. Weight tested for 500 lbs. 13 Second Floor Family Rooms Bed Queen Bed with headboard; Solid Oak Posts and rail with Oak Veneer panel (36"H). Bolt on adjustable frame holds a 60"Dx80"W matress & box spring. 17 Matress 60x80x6 - liquid resistant mattress with a poly blend cover and a 6 inch thick foam core 17 Box Spring Queen Box Spring - 60"Dx80"W 17
Bed Bunk Bed, with safety rail and ladder. Bolt on Stack 36"Dx84.75"Wx57"H. Solid Oak Posts and Rails. Sleep surface Bolt on Sinuous Springs holds a 36"Dx80"W mattress. 3 step solid oak posts and treads Ladder secures with rubber coated hooks to the top frame, 49.25"H x 14.5"W. Bed railing .75"Dx51"Wx16"H. 17 Mattress - Twin Twin Mattress ; Dual Density Foam Welded Seams; Ripstop Cover; 1 Integrated Pillow; 6" 34 Desk Desk with 4 open compartments & 30"W kneehole 17 Seating Chair, plywood seat and back, subtly curved, Hygeiene gap between seat and back. Solid Birch Legs, finished in clear lacquer. 34.2"H x 18.5"W x 21.6"D Seat height 17.9" . Weight 16.5 lbs. Weight tested for 500 lbs. 17 Mattress - Twin Extra Mattress Water resistant, anti vandal material, welded seams, all foam interior, fire retardant. with integrated pillow, easy wipe for hygiene.; 6" 1 Mattress - Queen Extra Mattresses - Liquid resistant mattress with a poly blend cover and a 6" thick foam core 1 Box Spring - Queen Extra Box Spring- Queen 1 Mattress - Twin Extra Mattress ; Dual Density Foam Welded Seams; Ripstop Cover; 1 Integrated Pillow; 6" 1 Open Wardrobe Open double shelved wardrobe, all shelves for Standard rooms 70" 26 Misc Misc Hardware 1 Misc Misc Grommet cuts 1
Furniture Total $ 361,573.88
Freight/Delivery/Installation $ 97,795.00
Subotal $ 459,368.88
Sales Tax 8.75% $ 31,637.71
Bonds $ 22,000.00
Terms: 50% deposit to initiate order;balance before delivery Estimated Lead Time: 12-18 weeks after order entry and engineering signoff (lead times contingent on material availability at time of order)** All orders are final once entered -- no returns.
INFO-COM BUSINESS PRODUCTS
1472 MORADA PLACE ALTADENA, CA 91001
Optional Items Included in Total
TOTAL:
Quote valid for 30 days
All lead times are estimated and are not to be construed as a guaranteed delivery date.
ICBP will make every effort to expedite delivery but will not be responsible for any damages resulting from a delay in delivery.
[email protected]
EXHIBIT “A”
SCOPE OF SERVICES
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(BB&K 2024) Exhibit B-1 Goods and Services Agreement
EXHIBIT “B”
SCHEDULE OF SERVICES
SERVICES WILL BE HELD IN THE CONTRACT TERM
DATED APRIL 1, 2025, to SEPTEMBER 30, 2025
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(BB&K 2024) Exhibit C-1 Goods and Services Agreement
EXHIBIT “C”
COMPENSATION
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED FIVE HUNDRED
THIRTEEN THOUSAND SEVEN DOLLARS ($513,007)
339
Department: Communications and Community
Relations
Prepared By: Vanny Khu
Department:
Prepared By: Vanny Khu
Staff Member Presenting: Dan Bell,
Communications and Community Relations
Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COMMUNICATIONS & MEDIA MANAGEMENT CONSULTANTS, INC. FOR CITYWIDE
MARKETING, COMMUNICATIONS, MITIGATION AND PUBLIC RELATIONS
CONSULTING SERVICES
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Communications & Media Management Consultants, Inc. (CMMC), of Santa Clarita, California, for the provision of citywide marketing, communications, mitigation, and public relations consulting services, in the amount of $180,000, for a total not-to-exceed contract amount of $370,000, and to extend the term to December 15, 2026.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT: The recommended Amendment No. 2 will increase the authorized contract amount of $190,000 by $180,000, for a new total not-to-exceed contract amount of $370,000. The Fiscal Year 2024-25 Budget includes appropriations in the General fund for consulting services. If approved, appropriations will be included in future years budget in accordance with the annual budget adoption process.
BACKGROUND & ANALYSIS: The City of Ontario remains committed to expanding its marketing and communications efforts to enhance public engagement. This growth has included concentrated efforts on enhancing social media accounts, increased publication of newsworthy City initiatives, and the refinement of accessible information channels for the community.
On December 15, 2023, the City executed a Professional Services Agreement with CMMC for citywide marketing, communications, mitigation, and public relations consulting services. On May 21, 2024, the City Council approved Amendment No. 1, which increased the not-to-exceed amount 340
to $190,000 and extended the agreement term.
As the City's communications efforts have expanded, the need for specialized expertise has increased to manage these initiatives effectively. CMMC has provided key guidance in shaping the City's communication and marketing strategies, resulting in heightened public awareness, improved transparency, and increased civic participation. Staff recommends increasing the total authorized contract amount and extending the contract term to continue leveraging CMMC's expertise in advancing the City's outreach and engagement goals.
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BB&K 2020
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
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
COMMUNICATIONS & MEDIA MANAGEMENT CONSULTANTS, INC.
1. Parties and Date.
This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Communications & Media Management Consultants, Inc., a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated December 15, 2023 (“Agreement”).
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term and increase the compensation.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.1 of the Agreement.
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3. Terms.
3.1 Amendment. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
3.1.2 Term. The term of this Agreement shall be from December 15, 2023 to December 15, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional 12-month term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2.2 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference.
The total compensation shall not exceed Three-Hundred Seventy Dollars ($370,000), without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF ONTARIO
AND COMMUNICATIONS & MEDIA MANAGEMENT CONSULTANTS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.
CITY OF ONTARIO COMMUNICATIONS & MEDIA
MANAGEMENT CONSULTANTS, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
344
Department: Communications and Community
Relations
Prepared By: Vanny Khu
Department:
Prepared By: Vanny Khu
Staff Member Presenting: Dan Bell,
Communications and Community Relations
Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE 20/20
NETWORK FOR COMMUNICATIONS CONSULTING
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with The 20/20 Network, of Upland, California, for communications consulting, in the amount of $60,000, for a total not-to-exceed contract amount of $292,000, and to extend the term to June 30, 2026.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: The proposed Amendment No. 2 will increase the authorized contract amount of $232,000 by $60,000, for a new total not-to-exceed contract amount of $292,000. The Fiscal Year 2024-25 Adopted Budget includes appropriations in the General Fund for communications consulting services. If approved, appropriations will be included in future year's budget in accordance with the annual budget adoption process.
BACKGROUND & ANALYSIS: On August 23, 2021, the City executed a Professional Services Agreement with The 20/20 Network for communications consulting. On August 18, 2022, the City Council approved Amendment No. 1, which increased the not-to-exceed amount to $232,000 and extended the agreement term.
The 20/20 Network has consistently demonstrated its expertise and proven experience in facilitating successful community outreach initiatives. Under the leadership of Steve Lambert, the City's primary point of contact, and his dedicated team, The 20/20 Network brings invaluable regional connections and partnerships, making them an ideal fit for the City's needs. Their strategic 345
approach has made them an invaluable asset in the City's efforts to inform and engage Ontario residents effectively. Through their ongoing support, the City has been able to broaden its outreach efforts, ensuring that residents are well-informed about the positive work and progress being made across various initiatives.
As the City's outreach and communication needs continue to grow, maintaining this successful partnership with The 20/20 Network remains important. By continuing to work together, the City and The 20/20 Network will be able to build upon past successes, expand public awareness, and enhance transparency in City initiatives, ultimately strengthening community relations and fostering increased civic participation. Staff recommends increasing the total authorized contract amount and extending the contract term to continue leveraging The 20/20 Network's expertise in advancing the City's outreach and engagement goals.
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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
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
THE 20/20 NETWORK
1. Parties and Date.
This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and The 20/20 Network a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated August 23, 2021 (“Agreement”).
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the term and increase the compensation.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.1 of the Agreement.
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3. Terms.
3.1 Amendment. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
3.1.2 Term. The term of this Agreement shall be from July 1, 2021 to June 30, 2026, 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. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2.2 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference.
The total compensation shall not exceed Two-Hundred Ninety-Two Thousand Dollars ($292,000) total, without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF ONTARIO
AND THE 20/20 NETWORK
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.
CITY OF ONTARIO THE 20/20 NETWORK
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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Department: Utilities
Prepared By: Michael Birmelin
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 RESOLUTION APPROVING THE UPDATE OF THE SEWER SYSTEM MANAGEMENT PLAN
CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:
CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt a Resolution approving the update of the Sewer System Management Plan (SSMP).
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: Implementation of the State mandates documented in the SSMP are included in the current Sewer Operating Fund budget and rates. There is no impact on the General Fund.
BACKGROUND & ANALYSIS: The City is responsible for operating and maintaining the City’s wastewater collection system, which includes over 450 miles of sewer lines and three lift stations.
On December 6, 2022, the State Water Resources Control Board adopted the Statewide Sanitary Sewer Systems General Waste Discharge Requirements Order Reissuance. The new regulations went into effect on June 5, 2023, and mandates the City to perform a self-audit of its SSMP triennially and update its SSMP at least once every six years to reflect current legislation and operational practices. The SSMP was last updated in 2021 for the required 2019 submission period.
This update describes the activities that the City employs to operate, maintain, and upgrade the wastewater collection system to provide reliable service, adequate sewer capacity, and sanitary sewer system overflow prevention practices. Changes made to this SSMP include documentation of a new procedural change concerning the City assuming the role as sewer permitting agency for food service establishments, an update to the Spill Emergency Response Plan, as well as simple updates to phone rosters, organization charts, and references to City documents and standards. 350
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING THE UPDATE OF THE SEWER SYSTEM
MANAGEMENT PLAN (SSMP).
WHEREAS, on December 6, 2022, the State Water Resources Control Board (SWRCB) adopted Water Quality Order No. 2022-0103-DWQ, which established the Statewide General Waste Discharge Requirements (WDRs) for all publicly owned or operated sanitary sewer systems within the State of California; and WHEREAS, the WDRs require that all federal and state agencies, municipalities, counties, districts, and other public entities that own or operate sanitary sewer systems greater than one mile in length that collect and/or convey untreated or partially treated wastewater to a publicly owned treatment facility in the State of California; 1) report Sanitary Sewer Overflows (SSOs) to the SWRCB; and 2) develop and implement a Sewer System Management Plan (SSMP); and
WHEREAS, the SSMP is a written document that details how an entity's sewer system is operated, maintained, repaired, and funded. The WDR requires the SSMP to be updated every six (6) years and to be re-certified by the City Council when significant updates to the SSMP are made.
WHEREAS, the City Council last approved the SSMP on April 0 6 , 2021 (Resolution No. 2021-028); and
WHEREAS, approval of the SSMP is exempt from California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) because it is an action taken by a regulatory agency to assure the protection of the environment and the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., Tit. 14, §15308). In addition, this action is exempt from CEQA pursuant to Cal. Code Regs., Title 14, §15301 to the extent that it applies to existing sanitary sewer collection systems that constitute "existing facilities" as that term is used in Section §15301, and §15302, to the extent that it results in the repair or replacement of existing systems involving negligible or no expansion of capacity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ontario hereby approves the update of the Sewer System Management Plan, attached to this Resolution as Exhibit A.
LET IT BE FURTHER RESOLVED that the City Manager, or a designee, is hereby authorized and empowered to execute in the name of the City of Ontario all documents necessary to comply with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No.2022-0103-DWQ, as amended). 351
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
352
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 April 1, 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 April 1, 2025. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
353
EXHIBIT A
(Sewer System Management Plan)
354
PREPARED FOR
PREPARED BY
ONTARIO MUNICIPAL UTILITIES COMPANY
1425 S. BON VIEW AVENUE
ONTARIO, CA 91761
AKM CONSULTING ENGINEERS
553 WALD, IRVINE, CA 92618
Ontario Municipal
Utilities Company
FEBRUARY 2025
SEWER SYSTEM
MANAGEMENT PLAN
355
CITY OF ONTARIO
SEWER SYSTEM MANAGEMENT PLAN
Submitted to
Ontario Municipal Utilities Company
1425 S. Bon View Avenue
Ontario, California 91761
Submitted by
AKM Consulting Engineers
553 Wald
Irvine, California 92618
(949) 753-7333
February 2025
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TABLE OF CONTENTS
Section Page
B BACKGROUND .......................................................................................................B-1 B-1 Sanitary Sewer System Waste Discharge Requirements ..................................B-1 B-2 Sewer System Management Plan and Audit .....................................................B-1 B-3 Sewer System Management Plan Audit 2024....................................................B-2 B-4 Sewer System Management Plan Update 2025 ................................................B-3 1 GOALS AND INTRODUCTION ............................................................................... 1-1 1-1 Sewer System Management Plan Requirements.............................................. 1-1 1-2 Regulatory Context........................................................................................... 1-2 1-3 Sewer System Management Plan Update Schedule ........................................ 1-3 1-4 Sewer System Asset Overview ....................................................................... 1-4 2 ORGANIZATION...................................................................................................... 2-1 2-1 Waste Discharge Requirements ....................................................................... 2-1 2-2 Overview ......................................................................................................... 2-1 2-3 Compliance ...................................................................................................... 2-1 2-3.1 Legally Responsible Official .................................................................. 2-1 2-3.2 Organizational Chart and Organizational Lines of Authority .................. 2-2 2-3.3 Chain of Communication for Spills ........................................................ 2-2 3 LEGAL AUTHORITY................................................................................................ 3-1 3-1 Sewer System Management Plan Requirements.............................................. 3-1 3-2 Compliance ...................................................................................................... 3-1 3-2.1 Illicit Discharges .................................................................................... 3-2 3-2.2 Collaborate with Storm Sewer Agencies ............................................... 3-3 3-2.3 Design Standards ................................................................................. 3-3 3-2.4 Access to Lateral Owned and/or Operated by City................................ 3-4 3-2.5 Enforcement.......................................................................................... 3-4 3-2.6 Easement Accessibility Agreements ..................................................... 3-5 4 OPERATION AND MAINTENANCE PROGRAM ..................................................... 4-1 4-1 Sewer System Management Plan Requirements.............................................. 4-1 4-2 Compliance ...................................................................................................... 4-2 4-2.1 Updated Map of Sanitary Sewer System............................................... 4-2 357
TABLE OF CONTENTS
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 4-2.2 Preventive Operation and Maintenance Activities ................................. 4-2 4-2.3 Training................................................................................................. 4-5 4-2.4 Equipment Inventory ............................................................................. 4-6 5 DESIGN AND PERFORMANCE PROVISIONS ....................................................... 5-1 5-1 Sewer System Management Plan Requirements.............................................. 5-1 5-2 Compliance ...................................................................................................... 5-1 5-2.1 Design Criteria, Construction Standards, and Specifications................. 5-2 5-2.2 Inspection and Testing .......................................................................... 5-5 6 SPILL EMERGENCY RESPONSE PLAN ................................................................ 6-1 6-1 Sewer System Management Plan Requirements.............................................. 6-1 6-2 Compliance ...................................................................................................... 6-2 7 FATS, OILS, AND GREASE CONTROL PROGRAM .............................................. 7-1 7-1 Sewer System Management Plan Requirements.............................................. 7-1 7-2 Compliance ...................................................................................................... 7-1 7-2.1 Public Education and Outreach Program .............................................. 7-2 7-2.2 Pipe-Blocking Substance Disposal........................................................ 7-3 7-2.3 Legal Authority...................................................................................... 7-3 7-2.4 Grease Removal Devices...................................................................... 7-3 7-2.5 Inspection of Grease Producing Facilities ............................................. 7-5 7-2.6 Cleaning Schedule for Sections with FOG ............................................ 7-6 7-2.7 Source Control Measures...................................................................... 7-6 8 SYSTEM EVALUATION, CAPACITY ASSURANCE, AND CAPITAL
IMPROVEMENTS..................................................................................................... 8-1 8-1 Sewer System Management Plan Requirements.............................................. 8-1 8-2 Compliance ...................................................................................................... 8-1 8-2.1 System Evaluation and Condition Assessment ..................................... 8-1 8-2.2 Capacity Assessment and Design Criteria ............................................ 8-2 8-2.3 Prioritization of Corrective Action .......................................................... 8-3 8-2.4 Capital Improvement Plan..................................................................... 8-4 9 MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS .................. 9-1 9-1 Sewer System Management Plan Requirements.............................................. 9-1 9-2 Compliance ...................................................................................................... 9-1 9-2.1 Relevant Information............................................................................. 9-1 9-2.2 Implementation and Effectiveness......................................................... 9-2 358
TABLE OF CONTENTS
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 9-2.3 Success of Preventative Operation and Maintenance Activities ............ 9-3 9-2.4 Update Plan Procedures and Activities ................................................. 9-4 9-2.5 Spill Trends........................................................................................... 9-4 10 INTERNAL AUDITS ............................................................................................... 10-1 10-1 Sewer System Management Plan Requirements.......................................... 10-1 10-2 Compliance................................................................................................... 10-1 11 COMMUNICATION PROGRAM............................................................................. 11-1 11-1 Sewer System Management Plan Requirements.......................................... 11-1 11-2 Compliance................................................................................................... 11-1 11-2.1 Procedures to Communicate with Public ........................................... 11-2 11-2.2 Procedures to Communicate with Owners/Operator
of Other Systems .............................................................................. 11-2
LIST OF APPENDICES
Appendix
Appendix A – Glossary
Appendix B – Sewer Ordinance, Municipal Code Section 6.7 Appendix C – Mutual Aid Contact and Resource List
Appendix D – Mutual Aid Agreement
Appendix E – SSSERP Field Report Form
Appendix F – Water and Sewer Pipeline Construction Specifications Appendix G – Water and Sewer Design Development Guidelines and Specifications Appendix H – Standard Drawings
Appendix I – Reserved
Appendix J – Sewer System Map
Appendix K – Smart Cover Locations
Appendix L – Reserved
Appendix M – Sanitary Sewer Spill Emergency Response Plan Appendix N – SSO Water Quality Monitoring Plan
Appendix O – Receiving Water Inspection Sampling Log
Appendix P – Ontario Employee Contact List
Appendix Q – Reserved
Appendix R – SSO Volume Estimation Worksheet
Appendix S – FOG Manual
Appendix T – List of Waste Haulers
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LIST OF TABLES
Table No. Page
B-1 Sewer System Management Plan & Subsequent Update Due Dates........................B-2 1-1 Sewer System Management Plan & Subsequent Update Due Dates....................... 1-3 2-1 SSMP Responsibilities ............................................................................................. 2-4 2-2 SERP Field Report Form OMUC Notification Flowchart............................................ 2-5 3-1 Ontario Legal Authority Documents .......................................................................... 3-2 4-1 City CWEA Certification............................................................................................ 4-6 4-2 Equipment Inventory................................................................................................. 4-7 5-1 Standard Drawings for Sewer Facilities .................................................................... 5-3 9-1 Spill History from 2007-2024..................................................................................... 9-5 10-1 Sewer System Management Plan Audit Due Dates ................................................ 10-1 11-1 Communication Program ........................................................................................ 11-1
LIST OF FIGURES
Figure No. Page
1-1 Regional Location Map ............................................................................................. 1-6 1-2 Existing Sewer System ............................................................................................. 1-7 1-3 Total Length of Gravity Sewer by Size...................................................................... 1-8 1-4 Total Length of Gravity Sewer by Year of Construction............................................. 1-9 1-5 City of Ontario Population History and Projections.................................................. 1-10 2-1 Organization Flow Chart ........................................................................................... 2-3 4-1 Existing System ........................................................................................................ 4-3 6-1 OMUC Notification Flowchart.................................................................................... 6-4 7-1 Frequent Maintenance Locations.............................................................................. 7-7 7-2 Size of Grease Interceptors ...................................................................................... 7-9 9-1 Spill Summary (2007-2024) ...................................................................................... 9-4 360
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SECTION B
BACKGROUND
B-1 SANITARY SEWER SYSTEM WASTE DISCHARGE REQUIREMENTS
The California State Water Resources Control Board (State Water Board) adopted Statewide Waste Discharge Requirements for sanitary sewer systems, Water Quality Order No. 2022-0103-DWQ (Order 2022-0103-DWQ).
The new Order was adopted on December 6, 2022 and became effective on June 5, 2023. The required elements of the Sewer System Management Plan (SSMP) are provided in Attachment D of Order 2022-0103- DWQ.
The primary purpose of the Statewide Waste Discharge Requirements is to provide consistent statewide requirements for quantifying and reducing the number of wastewater spills and the volume of wastewater spilled in the state of California. The Sewer System Management Plan (SSMP) is a living planning document that documents ongoing local sewer system management program activities, procedures, and decision- making – at the scale necessary to address the size and complexity of sanitary sewer systems.
B-2 SEWER SYSTEM MANAGEMENT PLAN AND AUDIT
Section 5.2 of Water Quality Order No. 2022-0103-DWQ (Order 2022-0103-DWQ) sets the requirement for the preparation of a Sewer System Management Plan that addresses proper funding, management, operation and maintenance of the sanitary sewer collection system:
To facilitate adequate local funding and management of its sanitary sewer system(s), the Enrollee shall develop and implement an updated Sewer System Management Plan. The scale and complexity of the Sewer System Management Plan, and specific elements of the Plan, must match the size, scale and complexity of the Enrollee’s sanitary sewer system(s). The Sewer System Management Plan must address, at minimum, the required Plan elements in Attachment D (Sewer System Management Plan – Required Elements) of this General Order. To be effective, the Sewer System Management Plan must include procedures for the management, operation, and maintenance of the sanitary sewer system(s). The procedures must: (1) incorporate the prioritization of system repairs and maintenance to proactively prevent spills, and (2) address the implementation of current standard industry practices through available equipment, technologies, and strategies.
Section 5.4 of Order 2022-0103-DWQ specifies mandatory elements of the SSMP. It requires:
The Enrollee shall conduct an internal audit of its Sewer System Management Plan, and implementation of its Plan, at a minimum frequency of once every three years. The audit must be conducted for the period after the end of the Enrollee’s last required audit period. Within six months after the end of the required 3-year audit period, the Legally Responsible Official shall submit an audit report into the online CIWQS Sanitary Sewer System Database per the requirements in section 3.10 (Sewer System Management Plan Audit Reporting Requirements) of Attachment E1 of this General Order.
The Enrollee’s sewer system operators must be involved in completing the audit. At minimum, the audit must:
• Evaluate the implementation and effectiveness of the Enrollee’s Sewer System Management Plan in preventing spills;
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B-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 • Evaluate the Enrollee’s compliance with this General Order; • Identify Sewer System Management Plan deficiencies in addressing ongoing spills and discharges to waters of the State; and
• Identify necessary modifications to the Sewer System Management Plan to correct deficiencies The Enrollee shall submit a complete audit report that includes:
• Audit findings and recommended corrective actions;
• A statement that sewer system operators’ input on the audit findings has been considered; and • A proposed schedule for the Enrollee to address the identified deficiencies.
B-3 SEWER SYSTEM MANAGEMENT PLAN AUDIT 2024
The end of the City of Ontario’s (City) 3-year audit period was May 2, 2024 as shown in Table B-1. This means the audit period was May 2, 2021 through May 2, 2024. The latest audit report was required to be submitted to the State Water Resources Control Board within six months after the end of the required 3-year audit period or November 2, 2024. The City completed and submitted its SSMP Audit on August 26, 2024.
Table B-1
Sewer System Management Plan & Subsequent Update Due Dates This audit evaluates the effectiveness of the City’s current SSMP by individually addressing the eleven elements of the SSMP as listed below:
1. Goals
2. Organization
3. Legal Authority
4. Operation and Maintenance Program
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B-3 CITY OF ONTARIO
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5. Design and Performance Provisions
6. Overflow Emergency Response Plan
7. Fats, Oil, and Grease Control Plan
8. System Evaluation and Capacity Assurance Plan
9. Monitoring, Measurement and Program Modification
10. Sewer System Management Plan Audits
11. Communication Program
Each section of the audit is structured to discuss the following:
➢ Requirements of Order 2022-0103-DWQ
➢ Description of what the City has done to comply with past Waste Discharge Requirements ➢ Recommendations for updating or improving the Plan to comply with new requirements of Order 2022- 0103-DWQ
B-4 SEWER SYSTEM MANAGEMENT PLAN UPDATE 2025
The City’s next required SSMP Update is due May 2, 2025 as shown in Table B-1.
Section 5.5 of Order 2022-0103-DWQ requires:
At a minimum, the Enrollee shall update its Sewer System Management Plan every six (6) years after the date of its last Plan Update due date. The Updated Sewer System Management Plan must include:
• Elements required in Attachment D (Sewer System Management Plan – Required Elements) of this Order;
• Summary of revisions included in the Plan update based on internal audit findings; and • Other sewer system management-related changes.
Following the completion of this SSMP Audit or even prior to completion, the City will take the necessary steps to follow the recommendations provided and continue to improve their SSMP to be compliant with Order 2022- 0103-DWQ.
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GOALS AND INTRODUCTION
1-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires a “Goals and Introduction” section of the Sewer System Management Plan to provide and address the following:
The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts of the Enrollee’s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and mitigate spills that do occur.
The Plan must include a narrative Introduction section that discusses the following items:
1. Regulatory Context
The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.
2. Sewer System Management Plan Update Schedule
The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedule must include milestones for incorporation of activities addressing prevention of sewer spills.
3. Sewer System Asset Overview
The Plan Introduction section must provide a description of the Enrollee-owned assets and service area, including but not limited to:
• Location, including county(ies);
• Service area boundary;
• Population and community served;
• System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons; • Structures diverting stormwater to the sewer system;
• Data management systems;
• Sewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals;
• Estimated number or percent of residential, commercial, and industrial service connections; and
• Unique service boundary conditions and challenge(s).
Additionally, the Plan Introduction section must provide reference to the Enrollee’s up-to-date map of its sanitary sewer system.
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1-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 1-2 REGULATORY CONTEXT
Order 2022-0103-DWQ requires that “The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.” The City of Ontario (City) is required to comply with the “State Water Resources Control Board (SWRCB), Order No. 2022-0103-DWQ” (Order No. 2022-0103) on General Waste Discharge Requirements for publicly owned sewage collection agencies having more than one mile of collection pipelines. The purpose of the Order is to prevent sanitary sewer spills.
The Sanitary Sewer Management Plan (SSMP) provides documentation that describes all collection system activities and programs employed by the City. Implementing an SSMP will ensure proper management, operation, and maintenance of all parts of the sanitary sewer system, ultimately helping to reduce and prevent spills, as well as mitigate any spills that do occur including meeting all applicable regulatory notification and reporting requirements. Commitment to continual improvement will ensure that the SSMP is both a living and sustainable document that is continually updated, revised, and tailored towards the City’s needs.
Specific City goals for its SSMP include the following:
1. Providing adequate capacity in its system in accordance with its criteria
2. Cost effectively minimizing the sources of inflow and infiltration
3. Implementing its fats, oils, and grease (FOG) control program to minimize the entry of these substances and other pipe blocking substances into its collection system
4. Providing adequate sewer cleaning and maintenance
5. Inspecting its system, assessing its condition, and replacing and/or rehabilitating sewer facilities
6. Establishing and implementing an operation and maintenance program with adequately trained staff to not only prevent spills, but also to extend the useful life of its system
7. Establishing proper legal authority for implementing the above and all elements of the SSMP
8. Maintaining adequate funding for the operation, maintenance, and repair of its system
9. Minimizing the impact of spills that do occur by preparing a proper Spill Emergency Response Plan (SERP), training its staff in its implementation, implementing the plan when needed, and updating it based on information developed from events that do occur.
10. Providing a plan and schedule to continue implementing measures to prevent or reduce spills
11. Implementing sewer improvement projects as indicated in the City’s Capital Improvement Program
12. Providing a detailed plan to address spills. This shall include the procedures to respond to the spill, notify the appropriate individuals/parties, contain the spill, clean up the affected areas, and properly report the spill. The time to respond to the spill shall not exceed one hour.
13. Providing routine training for safety, updated equipment and technology, spill response, and all other relevant operation and maintenance topics
Implementation and updates of the City’s SSMP is a collective effort by the General Manager of Utilities, Utilities Engineering Division, Utilities Operations Division and Field Crews, Engineering GIS, Environmental Programs Division and Field Crews, and the Recycled Water Division, generally as follows:
365
GOALS AND INTRODUCTION
1-3 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025
1. Goals – All
2. Legal Authority – Engineering Program Division and Utilities Engineering Division and Utilities Operations Division
3. Operating and Maintenance Program – Engineering GIS, Utilities Engineering Division, and Utilities Operations Division
4. Design and Performance Provisions – Utilities Engineering Division, Utilities Operations Division, and Recycled Water Division
5. Spill Emergency Response Plan – Environmental Programs Division
6. Sewer Pipe Blockage Control Program – Environmental Programs Division and Utilities Operations Division
7. System Evaluation, Capacity Assurance and Capital Improvements – Utilities Engineering Division
8. Monitoring, Measurement, and Program Modifications – All
9. Internal Audits - All
10. Communication - All
1-3 SEWER SYSTEM MANAGEMENT PLAN UPDATE SCHEDULE
Order 2022-0103-DWQ requires that “The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedule must include milestones for incorporation of activities addressing prevention of sewer spills.” A schedule for updating the SSMP and for conducting audits must be included in the Goals and Introduction section of the SSMP document. The City’s SSMP Update and Audit due dates per the State Water Resources Control Board website are shown in Table 1-1.
Table 1-1
Sewer System Management Plan & Subsequent Update Due Dates 366
GOALS AND INTRODUCTION
1-4 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 This SSMP Update is due to be completed and approved by the City Council by 5/2/2025. The City’s next audit will be completed by 11/2/2027. In order to ensure sufficient time to complete each audit, the City should begin the process as soon as the three year audit period ends on 5/2/2027 or earlier.
As major milestones are reached, the SSMP can be updated/amended. This would make the official update required by 5/2/2031 much easier to accomplish. Otherwise, the City should start the process of updating the SSMP report 6 to 12 months ahead of the due date.
There are some tasks that the City will continue to work on and complete as soon as possible, including the following:
1. Incorporate cleaning records into the Cityworks Computerized Maintenance Management Software (CMMS) database so that there is a permanent record of the cleaning activity that can be more widely accessed by staff.
2. Digitize all maintenance records, whether through the existing Cityworks CMMS program, GIS, or in a separate database in order to allow for tracking and metrics of the maintenance program goals
3. Continue to identify all FSEs with the potential to discharge grease or other materials that may cause blockages in the sewer system. Then these FSEs should be properly permitted and required to install and maintain grease removal devices
4. Inspect all sewer pipes via closed circuit television (CCTV) over the next 5 years
5. Evaluate CCTV pipe inspections and develop repair and rehabilitation project recommendations
6. Prioritize the repair and rehabilitation recommendations considering environmental consequence, vicinity to surface waters, vicinity to receiving water with bacterial related impairment. Identify assets vulnerable to direct and indirect impacts of climate change 1-4 SEWER SYSTEM ASSET OVERVIEW
Order 2022-0103-DWQ requires that the SSMP Introduction include a description of the Enrollee-owned assets as well as a description of the service area that includes but is not limited to:
Location, including county(ies);
A. Service area boundary;
B. Population and community served;
C. System size, including total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons;
D. Structures diverting stormwater to the sewer system; E. Data management systems;
F. Sewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals;
G. Estimated number or percent of residential, commercial, and industrial service connections; and H. Unique service boundary conditions and challenge(s). 367
GOALS AND INTRODUCTION
1-5 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Additionally, the Plan Introduction section must provide reference to the Enrollee’s up-to-date map of its sanitary sewer system.”
Regional Location
The City of Ontario is located approximately 35 miles east of downtown Los Angeles and encompasses approximately 50 square miles of residential, commercial, industrial, public and agricultural lands and the Ontario International Airport. It is bordered by the Cities of Chino and Montclair on the west; the Cities of Upland and Rancho Cucamonga on the north; the City of Fontana and Riverside County on the east; and Riverside County, and the City of Chino and Eastvale on the south. The major highways crossing through portions of the study area include the San Bernardino Freeway (I-10) on the north, the Pomona Freeway (SR60) on the south, and the Ontario Freeway (I-15) on the east.
The City is divided into two distinct areas, the Original Model Colony (OMC) and Ontario Ranch (OR) as shown on Figure 1-1. The two areas are generally divided by Riverside Drive. The OMC consists of existing residential, commercial, and industrial developments, and the Ontario International Airport. It comprises approximately 37.2 square miles. Ontario Ranch is an agricultural area that was annexed to the City in 1999.
It currently consists of approximately 12.8 square miles of primarily agricultural land. The Ontario Plan 2050 (TOP 2050) details future development of the agricultural lands in Ontario Ranch into a mix of residential, commercial, industrial, and public uses. The total 2050 population is expected to increase to 410,492 (OMC and OR).
Existing Sewer System
The sewer service area coincides with the City of Ontario boundary with the exception of three small areas shown on Figure 1-2. The existing sewer system, also shown on Figure 1-2, is made up of a network of gravity sewers, pump stations, and force mains as follows:
➢ Approximately 442.5 miles (2,336,246 ft) of pipe
➢ Approximately 9,600 manholes
➢ Three (3) sewer pump stations
➢ Approximately 11,100 feet of force mains
➢ Eleven (11) inverted siphons
➢ Approximately 33,500 residential, 320 industrial, and 2,900 commercial service connections The general direction of flow is from north to south and east to west. The majority of the local sewers are tied into one of the Inland Empire Utilities Agency (IEUA) trunk sewers crossing through the city. The sewage is then transported to IEUA’s Regional Plant No. 1 (RP-1) or Regional Plant No. 5 (RP-5) for treatment.
The existing sewers are primarily constructed of vitrified clay pipe with sizes ranging from 4-inches to 48-inches in diameter. Approximately 73 percent of the pipes are 8-inches in diameter. Figure 1-3 shows the length of gravity sewers (feet) in the existing system by pipe size. The majority of the system was constructed between 1950 and 1990 as shown on Figure 1-4. Some of the collection system was constructed as early as 1895.
There are no known structures diverting stormwater to the sewer system.
The City owns the lower lateral from the main line to the right-of-way or the property line. There is typically a cleanout or manhole located adjacent the property line within the right-of-way, so that City staff can access the lower portion of the lateral for maintenance purposes. The property owner is responsible for the maintenance of the upper lateral.
368
SIXTH ST
HOLT BLVD
EUCLID AVE
GROVE AVE
BAKER AVE
SULTANA AVE
VINEYARD AVE
MOUNTAIN AVE
EUCLID AVE
BAKER AVE
CAMPUS AVE
VINEYARD AVE
BENSON AVE
SANANTONIO AVE
GROVE AVE
ARCHIBALD AVE
TURNER AVE
HAVEN AVE
MILLIKEN AVE
ETIWANDA AVE
CUCAMONGA CREEK
HAVEN AVE
HAMMER AVE
FIFTH ST
G ST
I ST
FOURTH ST
STATE ST
MISSION BLVD
PHILADELPHIA ST
FRANCIS ST
PHILLIPS ST
WALNUT ST
RIVERSIDE DR
CHINO AVE
EUCALYPTUS AVE
EDISON AVE
SCHAEFER AVE
MERRILL AVE
CAMPUS AVE
BON VIEW AVE
WALKER AVE
PARCO AVE
CUCAMONGA AVE
MILLCREEK AVE
TURNER AVE
VINTAGE AVE
WINEVILLE AVE
MAGNOLIA AVE
CYPRESS AVE
BENSON AVE
FOURTH ST
City of
Jurupa Valley
City of
Montclair
City of
Eastvale
City of
Chino
City of
Rancho Cucamonga
City of
Fontana
San Bernardino
County
Glen Avon
City of
Ontario
City of Ontario
Ontario Ranch
66 83
71 66 66
83 60
15 10
County of San Bernardino, Maxar, Microsoft
CITY OF ONTARIO
SEWER SYSTEM MANAGEMENT PLAN
Regional Location Map
Figure 1-1
PROJECT NO: 1001880.00
DATE: February 2025
Legend
City Boundary
Ontario Ranch
Original Model Colony
¥
0 5,000 10,000
US Feet
369
City of
Jurupa Valley
City of
Montclair
City of
Eastvale
City of
Chino
City of
Rancho Cucamonga
City of
Fontana
San Bernardino
County
I-10 FWY
SIXTH ST
HOLT BLVD
EUCLID AVE
GROVE AVE
BAKER AVE
SULTANA AVE
VINEYARD AVE
MOUNTAIN AVE
EUCLID AVE
BAKER AVE
CAMPUS AVE
VINEYARD AVE
BENSON AVE
SANANTONIO AVE
GROVE AVE
ARCHIBALD AVE
TURNER AVE
HAVEN AVE
MILLIKEN AVE
I-15FWY
ETIWANDA AVE
ARCHIBALD AVE
CUCAMONGA CREEK
HAVEN AVE
HAMMER AVE
FIFTH ST
G ST
I ST
FOURTH ST
STATE ST
MISSION BLVD
PHILADELPHIA ST
FRANCIS ST
PHILLIPS ST
WALNUT ST
SR-60 ST
RIVERSIDE DR
CHINO AVE
EUCALYPTUS AVE
EDISON AVE
SCHAEFER AVE
MERRILL AVE
CAMPUS AVE
BON VIEW AVE
WALKER AVE
PARCO AVE
CUCAMONGA AVE
MILLCREEK AVE
TURNER AVE
I-15FWY
VINTAGE AVE
WINEVILLE AVE
MAGNOLIA AVE
CYPRESS AVE
BENSON AVE
I-10 FWY
FOURTH ST
PHILADELPHIA ST
JURUPA ST
Freeway Trunk
Upland Interceptor Relief
Grove Trunk
Upland Interceptor
Turner Trunk
Fontana Interceptor Relief
Cucamonga Trunk Relief
Cucamonga Trunk
Archibald Trunk
Montclair Interceptor
Fontana Interceptor
Magnolia PS
IEUA NRW PS
Haven PS
Colony HS PS
Inland
Empire
Blvd PS
Private PS
RP-1
Sewershed
5 Sewershed
4 Sewershed
1 Sewershed
3 Sewershed
6 Sewershed
2 Sewershed
7 RP-5
RP-1 Outfall
Eastern Trunk Sewer
Kimball Interceptor
35 56
6 8
10 23
1 5
45 9
14 12
97 7
28 11 2
49 44
36 18
46 43 27
47 85
39 19
25 37
38 34
86 42
40 4
52 41
55 13
92 59
51 57
69 67
66 65
93 58
24 61
21 87
63 77
16 17
15 33
98 96
75 89
90 91
84 82
73 79
78 71
70 30 26
48 88
53 31 32
54 76
94 95
20 50
64 68
72 80
81 100
99 CITY OF ONTARIO
SEWER SYSTEM MANAGEMENT PLAN
Existing Sewer System
Figure 1-2
PROJECT NO: 1001880.00
DATE: February 2025
Legend
City Boundary
Outside City of Ontario Sewer Service Area
(Served by CVWD)
Magnolia PS Tributary
Haven PS Tributary
Inland Empire Utilities Agency Regional Plant
Sewershed 1
Sewershed 2
Sewershed 3
Sewershed 4
Sewershed 5
Sewershed 6
Sewershed 7
Private Sewer Pump Station
City Sewer Pump Station
Regional Connections to IEUA Trunks Sewer
City Gravity Sewer
IEUA Kimball Interceptor
IEUA/City of Ontario RP-1 Outfall
IEUA/City of Ontario Eastern Trunk Sewer
Inland Empire Utilities Agency (IEUA) Sewer
Private Gravity Sewer
City of Ontario Forcemain
Private Forcemain
¥
0 5,000 10,000
US Feet
370
GOALS AND INTRODUCTION
1-8 CITY OF Ontario
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Figure 1-3
Total Length of Gravity Sewer by Size
4" Pipe - 196' (0.3%)
6" Pipe - 13,289' (0.6%)
8" Pipe - 1,718,351' (73.1%)
10" Pipe - 149,060' (7.0%)
12" Pipe - 139,846' (6.4%)
15" Pipe - 97,150' (4.0%)
16" Pipe - 4,744' (0.02%)
18" Pipe - 47,744' (2.3%)
20" Pipe - 10,281' (0.01%)
21" Pipe - 29,613' (1.2%)
24" Pipe - 24,489' (1.0%)
27" Pipe - 27,588' (1.2%)
30" Pipe - 15,772' (0.6%)
33" Pipe - 8,188' (0.4%)
36" Pipe - 32,216' (0.7%)
39" Pipe - 5' (0.1%)
42" Pipe - 11,813' (0.8%)
48" Pipe - 5,899' (0.3%)
4" Pipe
6" Pipe
8" Pipe
10" Pipe
12" Pipe
15" Pipe
16" Pipe
18" Pipe
20" Pipe
21" Pipe
24" Pipe
27" Pipe
30" Pipe
33" Pipe
36" Pipe
39" Pipe
42" Pipe
48" Pipe
Total Length = 2,336,246 feet
= 442.5 miles
371
GOALS AND INTRODUCTION
1-9 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Figure 1-4
Total Length of Gravity Sewer by Year of Construction
11,560
0.54%
15,513
0.77% 9,074
0.45%
29,624
1.43% 12,836
0.58%
47,803
2.23%
385,205
18.20%
223,891
10.75%
402,395
19.75%
438,058
20.91%
143,659
6.67%
82,032
3.48%
222,717
2.40%
141,152
170,725
11.84%
0 25,000
50,000
75,000
100,000
125,000
150,000
175,000
200,000
225,000
250,000
275,000
300,000
325,000
350,000
375,000
400,000
425,000
450,000
475,000 1895-1899 1900-1909 1910-1919 1920-1929 1930-1939 1940-1949 1950-1959 1960-1969 1970-1979 1980-1989 1990-1999 2000-2009 2010-2019 2020-2023 Unknown Pipe Length (ft) Year of Construction
Total Length = 2,336,246 feet
= 442.5 miles
372
GOALS AND INTRODUCTION
1-10 CITY OF Ontario
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Regional Facilities and Points of Connection
The Inland Empire Utilities Agency (IEUA) is the regional agency that provides wastewater collection, treatment and disposal to the west end of San Bernardino County. Its 242 square mile service area includes the Cities of Upland, Montclair, Ontario, Fontana, Chino, Chino Hills, Rancho Cucamonga, and unincorporated areas of San Bernardino County. IEUA’s wastewater collection system accepts flows from the collection systems operated by contracting agencies and conveys this wastewater to one of its nearby regional plants for treatment and disposal.
Several regional trunk sewers collect most of the sewage generated in the service area and transport it to IEUA’s Regional Plant No.1 (RP-1) for treatment. RP-1 is located south of the Pomona Freeway (SR-60) and west of Cucamonga Creek, as shown on Figure 1-2. It has been in operation since 1948. It has a current capacity of 44 million gallons per day. RP-1 also serves the Cities of Rancho Cucamonga, Upland, Montclair, Fontana, and portions of unincorporated San Bernardino County.
IEUA began the operation of Regional Plant No.5 (RP-5) in March 2004. RP-5 is located in the City of Chino at the southeast corner of Kimball Avenue and El Prado Road, as shown on Figure 1-2. It has an ultimate capacity of 60 million gallons per day. Sewage generated in Ontario Ranch, as well as the flow diverted from the Original Model Colony lift station tributary areas are treated at RP-5.
There are 100 identified regional connection locations where the City’s facilities connect to IEUA trunk sewers.
Some are future planned connections.
Population
Since its incorporation in 1890, the City of Ontario has grown from a population of 683 to approximately 181,224 in 2024 (Ref: California Department of Finance, Table E-5, 2024). The historical population increase as well as future projections are depicted on Figure 1-5.
Figure 1-5
City of Ontario Population History and Projections
(35,000) 15,000 65,000 115,000 165,000 215,000 265,000 315,000 365,000 415,000 2050
2040
2035
2030
2024
2020
2010
2000
1990
1980
1970
1960
1950
1940
1930
1920
1910
1900
1891
410,492
362,903
300,095
266,339
181,224
175,297
163,924
158,007
133,179
88,820
64,118
46,617
22,872
14,197
13,583
7,280
4,274
722
683
Population Year
Population per California Department of Finance
Population Projection per City of Ontario,
2020 Urban Water Management Plan
Population Projection per The Ontario Plan 2050
373
GOALS AND INTRODUCTION
1-11 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 It should be noted that the estimates shown on Figure 1-5 for the year 2000 and later include Ontario Ranch, which was annexed by the City in 1999. Most of the future growth in population is expected to occur in the Ontario Ranch area as it developed from dairy farms into residential, commercial, and industrial land uses. The total future City population is estimated at 410,492 per the latest General Plan (TOP 2050).
Data Management
The City keeps updated records of all sewer related documents which include but are not restricted to the following:
➢ GIS Shapefiles
➢ CCTV Inspection Records (i.e. reports, videos, photos, etc.) ➢ Maintenance Records (i.e. cleaning records, lift station records, etc.) ➢ Frequent Maintenance Records
➢ FSE Inspection Information
➢ Spill History Reports
➢ SSMP Documents and Audits
GIS Shapefiles – The City keeps an up-to-date geographical information system (GIS) database of its sewer and stormwater facilities. This database includes the following:
➢ Manholes with ID numbers and upstream invert elevation ➢ Pipes with pipe size, slope, reach length, material, year of construction, estimated peak dry weather flow, calculated depth of flow at peak dry weather flow, depth to diameter ratio, velocity, and pipe capacity. The map also shows the flow direction in the pipe ➢ Inverted Siphons
➢ Pump Stations
➢ Force Mains
➢ Storm Drains
➢ Catch Basins
➢ Frequent Cleaning Maintenance Locations
➢ Food Service Establishment Locations
➢ Historical Overflow Locations
➢ Root Locations
➢ Herbicide Locations
➢ Lining Locations
The GIS is maintained by staff under the guidance of the Utilities Engineering Division Manager. The City reviews the relevant shapefiles periodically and makes any necessary updates.
CCTV Inspection Records – The City’s closed-circuit television (CCTV) inspections are performed in-house.
The City maintains hard copies of all CCTV records and the video files are maintained on a City network drive and eventually in the Cityworks CMMS.
Maintenance Records – The City’s maintenance records are tracked on a map and hard copy reports are kept 374
GOALS AND INTRODUCTION
1-12 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 on file. Pump station inspection records (i.e. daily, weekly, quarterly maintenance reports) are also maintained in hard copy format.
Data is currently being tracked via pen and paper. However, Cityworks real time tracking is a future goal and is being planned by the City in a phased approach.
Frequent Maintenance Records – The City performs quarterly frequent cleaning on certain gravity pipes.
Maintenance records are maintained in hard copy form. The City evaluates and updates its Frequent Maintenance Locations list after the following occurrences:
➢ Spills
➢ Blockages observed from routine maintenance
➢ Maintenance records of grease, roots, debris from CCTV records ➢ Odor complaints
FSE Inspections – Annual, follow-up, investigatory, and initial inspection data is maintained by the City electronically. Currently, the FSE inspections are performed in-house, and inspection data is summarized on an on-line database tailored for the FOG program (SAMS).
Spill History Reports – Spill reports are filed and maintained in hard copy form at the City. The spill report database is updated continuously on the California Integrated Water Quality System (CIWQS) website as required by the current Statewide Waste Discharge Requirements.
SSMP Documents and Audits - The City maintains all current SSMP Documents in hard copy and electronic format, available to staff and the public upon request. 375
2-1 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 2
ORGANIZATION
2-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that the SSMP identify organizational staffing responsible and integral for implementing the local Sewer System Management Plan through an organization chart or similar narrative documentation that includes:
(a) The name of the Legally Responsible Official as required in Section 5.1 (Designation of a Legally Responsible Official) of this General Order;
(b) The position titles, telephone numbers, and email addresses for management, administrative and maintenance positions responsible for implementing specific Sewer System Management Plan elements;
(c) Organizational lines of authority; and
(D) Chain of communication for reporting spills, from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies as applicable. (For example, county health officer, county environmental health agency, and State Office of Emergency Services.)
2-2 OVERVIEW
This section describes both the organizational structure of the City as well as activities, duties, and responsibilities for individuals and positions associated with the sanitary sewer system. Clearly identifying specific roles and responsibilities within an organization will ensure a clear understanding of duties that must be performed, as well as training and skill sets that are associated with specific jobs throughout the agency. 2-3 COMPLIANCE
2-3.1 LEGALLY RESPONSIBLE OFFICIAL
Order 2022-0103-DWQ requires that the SSMP identify “the name of the Legally Responsible Official”.
Per Section 5.1 of Order 2022-0103-DWQ, the Legally Responsible Official (LRO) must have responsibility over management of the sewer system and be authorized to make managerial decisions that govern the operation of the sewer system, including having the explicit or implicit duty of making major capital improvement recommendations to ensure long-term environmental compliance. The LRO must have or have direct authority over individuals that:
• Possess a recognized degree or certificate related to operations and maintenance of sanitary sewer systems, and/or
• Have professional training and experience related to the management of sanitary sewer systems, demonstrated through extensive knowledge, training, and experience.
The City identifies the Assistant General Manager – Utilities Engineering and Operation, as the legally responsible official (LRO), who shall sign and certify all reports required by 2022-0103-DWQ. 376
ORGANIZATION
2-2 CITY OF ONTARIO
R:\RPTS\ Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 2-3.2 ORGANIZATIONAL CHART AND ORGANIZATIONAL LINES OF AUTHORITY Order 2022-0103-DWQ requires that the SSMP identify “the position titles, telephone numbers, and email addresses for management, administrative, and maintenance positions responsible for implementing specific Sewer System Management Plan elements.”
The sewer collection system is managed by the Ontario Municipal Utilities Company (OMUC), which consists of the Environmental Programs, Utilities Engineering, and Utilities Operations divisions. Figure 2-1 illustrates the line of authority for the City officials and staff responsible for implementing the SSMP measures. The current contact information for the responsible officials and staff are included. Specific responsibilities for each official are summarized in Table 2-1.
2-3.3 CHAIN OF COMMUNICATION FOR SPILLS
Order 2022-0103-DWQ requires that the SSMP include the “chain of communication for reporting spills, from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies as applicable. (For example, county health officer, county environmental health agency, and State Office of Emergency Services.)” The City has prepared a stand-alone document for the Spill Emergency Response Plan (SERP) element of the SSMP requirements. It includes a list of individuals and agencies that need to be contacted in the event of a sewer spill. The OMUC Notification Flowchart is shown on Figure 2-2.
The highest-ranking operations staff member or supervisor arriving on-site in response to a reported spill and having been given direct authority over sewer collection operation personnel who are responsible for the capture, containment, cleanup, and mitigation operations shall contact or delegate a designee to contact all regulatory agencies in the event of a spill.
The LRO is responsible for certifying all spill reports on the CIWQS Sanitary Sewer System Database. The Data Submitter may enter spill data but does not have the authority to certify the reporting data. 377
ORGANIZATION
2-3 CITY OF ONTARIO
R:\RPTS\ Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Figure 2-1
Organization Flow Chart
378
ORGANIZATION
2-4 CITY OF ONTARIO
R:\RPTS\ Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Table 2-1
SSMP Responsibilities
Task
City
Council
General
Manager -
Utilities
Assistant
General
Manager -
Utilites
Engineering
&
Operations
Environmental
Programs
Division
Manager
Utilities
Engineering
Division
Manager
Utilities
Operations
Division
Manager
Utilities
Supervisor
Environmental
Field Crews
Operations
Field
Crews
SSMP Development Plan and
Schedule
Review,
Approve
Legal Authority Review,
Approve Oversees Implements
Fats, Oils, and Grease Program Review,
Approve Oversees Participates Participates Participates Final SSMP Document Review,
Approve Oversees Participates Participates Participates Sewer Enterprise Funding Plan Review,
Approve Oversees Participates Participates Participates Goals of SSMP Oversees Participates Participates Participates Organization of SSMP Oversees Participates Participates Participates Up to Date Map of Collection
System, Pumping Facilities, and
Stormwater Conveyances
Oversees Participates Participates Participates Participates System Evaluation and Capacity
Assessment Oversees Participates Participates Participates Participates Sewer System Rehabilitation Plan Oversees Participates Participates Participates Participates FOG Outreach Oversees Implements
Plan for FOG Disposal Oversees Participates Participates Implements FOG Source Control Measures Oversees Participates Participates Implements Design and Construction
Standards Participates Oversees Participates
Procedures and Standards for
Inspection and Testing Participates Oversees Participates Participates SSMP Monitoring Oversees Participates Participates Participates Participates SSMP Internal Audits Oversees Participates Participates Participates Participates SSMP Communication Program Oversees Participates Participates Participates Participates Spill Emergency Response Plan Participates Participates Oversees Participates Implements Preventative Maintenance Plan Participates Oversees Participates Implements CCTV Inspection and Condition
Assesment Participates Oversees Participates Implements Spill Trend Maintenance Oversees Participates Implements Staff Training Program Oversees Participates Implements Equipment Inventory Oversees Implements
Sewer Spills Reports Reports Responds Responds Responds 379
ORGANIZATION
2-5 CITY OF ONTARIO
R:\RPTS\ Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Figure 2-2
SERP Field Report Form
OMUC Notification Flowchart
380
3-1 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 3
LEGAL AUTHORITY
3-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that the Sewer System Management Plan must include copies or an electronic link to the Enrollee’s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
1. Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages;
2. Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure;
3. Require that sewer system components and connections be properly designed and constructed;
4. Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee;
5. Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures; and
6. Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable.
Order 2022-0103-DWQ prohibits any discharge from a sanitary sewer system that creates a nuisance or condition of pollution as defined in California Water Code Section 13050(m).
Legal authority is a very important component of a sewage collection agency’s responsibility in regulating the usage of the sanitary sewer system.
3-2 COMPLIANCE
The City possesses legal authority through the following documents:
1. City of Ontario Municipal Sewer Ordinance (Appendix B) This is essentially Title 6 (Sanitation and Health), Chapter 7 (Public Sewer System) of the City’s Municipal Code: https://codelibrary.amlegal.com/codes/ontarioca/latest/ontario_ca/0-0-0-35678
2. Mutual Aid Agreement (Appendix D)
This agreement is adopted with the current SSMP under Resolution 2021-028.
3. Water and Sewer Pipeline Construction Specifications (Appendix F) These specifications are adopted with the current SSMP under Resolution 2021-028.
4. Water and Sewer Design Development Guidelines and Specifications, 2009 (Appendix G) These guidelines are adopted with the current SSMP under Resolution 2021-028. 381
LEGAL AUTHORITY
3-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025
5. Sewer Standard Drawings, 2006, 2010 and 2023 (Appendix H) These drawings are adopted with the current SSMP under Resolution 2021-028.
Copies of the SSMP document and all its appendices are available at City Hall. The municipal code and sewer design plans can also be found electronically via the City of Ontario’s website:
https://www.ontarioca.gov/
Table 3-1 summarizes the relevant documents that correlate to the Waste Discharge Requirements.
Table 3-1
Ontario Legal Authority Documents
City of Ontario
Legal Authority Documents
a)
Prevent illicit discharges into its sanitary sewer
system from inflow and infiltration (I&I);
unauthorized stormwater, chemical dumping;
unauthorized debris; roots; fats, oils, and,
grease; and trash, including rags and other
debris that may cause blockages;
Municipal Code, Title 6, Chapter 7,
Article 2 - Prohibitions and Discharge Limits,
Sections 6-7.201-212
b)
Collaborate with storm sewer agencies to
coordinate emergency spill responses, ensure
access to storm sewer system during spill
events, and prevent unintentional cross
connections of sanitary sewer infrastructure to
storm sewer infrastructure
Mutual Aid Agreement (Resolution 2021-028)
Municipal Code, Title 6, Chapter 7,
Article 4 - Facilities
Sections 6-7.401-405
Design Development Guidelines and Specifications
(Resolution 2021-028)
Standard Drawings for Sewer Facilities
(Resolution 2021-028)
Supplemental Sewer Notes for Sewer Improvement Plans
(Resolution 2021-028)
d)
Ensure access for maintenance, inspection,
and/or repairs for portions of the service lateral
owned and/or operated by Enrollee
Municipal Code, Title 7, Chapter 3,
Pubilc Rights-of-Way
Sections 7-3.17
e) Enforce any violation of its sewer ordinances
agreements, or other legally binding procedures
Municipal Code, Title 6, Chapter 7,
Article 6 - Enforcement
Sections 6-7.601-622
f)
Obtain easement accessiblity agreements for
locations requiring sewer system operations and
maintenance, as applicable
None
Waste Discharge Requirement
Require that sewer system components and
connections be properly designed and
constructed
c)
3-2.1 ILLICIT DISCHARGES
Order 2022-0103-DWQ requires that the City have legal authority to “Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages” 382
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3-3 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Illicit discharge requirements are specified in the City’s Municipal Code. The relevant sections are primarily located in Title 6 (Sanitation and Health), Chapter 7 (Public Sewer System), Article 2 (Prohibition and Discharge Limits). Specifically, Section 6-7.201 (Prohibited Discharges) details the most prohibited discharges, including anything that would obstruct sewer flow, interfere with sewage treatment processes, and/or damage sewer infrastructure. Section 6-7.202 (Rainwater and Unpolluted Water) provides the legal authority to prevent inflow and infiltration as well as unauthorized stormwater from being discharged to the sewer system. Chemical dumping is also covered under Section 6-7.203 (Radioactive Wastes), Section 6-
7.204 (Garbage Grinders), Section 6-7.205 (Hauled Wastes), Section 6-7.206 (Water Treatment Devices) and Section 6-7.207 (Medical Wastes).
In addition, the City has entered into a regional pretreatment agreement with the Inland Empire Utilities Agency (IEUA) and other nearby cities which serve as the basis for the City’s Municipal Code. Section 6-
7.105 of the City’s Municipal Code states, “The City of Ontario adopted an agreement known as the Regional Pretreatment Agreement, entered into by and among IEUA, the City of Ontario and the cities of Chino, Chino Hills, Fontana, Montclair, Upland, and the Cucamonga County Water District. Said agreement is hereby adopted and incorporated by reference as if fully set forth herein.” Section 2 of the Regional Pretreatment Agreement specifies prohibitions on discharges to the regional sewer system. 3-2.2 COLLABORATE WITH STORM SEWER AGENCIES
Order 2022-0103-DWQ requires the City to have procedures in place to “Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure.” The City has a Mutual Aid Agreement with IEUA and the Regional Contracting Agencies consisting of the Cities of Chino, Chino Hills, Fontana, Montclair, and Upland, and Cucamonga Valley Water District. Under this agreement, each agency is able to request assistance (available equipment and/or manpower) from one another in the event of an emergency, including response to a spill that threatens to enter a local drainage facility.
After discussion with Arlene Chun (Engineering Manager – Environmental Management) from San Bernardino County Department of Public Works the following procedures have been determined appropriate.
National Pollutant Discharge Elimination System (NPDES) sections are contacted by the respective City NPDES representatives when a spill occurs and vice versa. The current NPDES representative for the City of Ontario is Nathan Pino ([email protected]). Any spill that threatens to reach one of the SBCFCD facilities can be reported by Mr. Pino or directly to SBCFCD through the Department of Public Work’s (DPW) Radio Room via their Operations Branch phone number (909) 387-8063. NPDES sections are relayed the message, but operations staff can be dispatched to the site if necessary.
NPDES Sections Division General Number: (909) 387-8109
NPDES/Stormwater programs are coordinated/managed by Jonathan Dillon ([email protected]).
Principal Permittee (Regional) programs are coordinated/managed by Christopher Bland ([email protected]).
3-2.3 DESIGN STANDARDS
Order 2022-0103-DWQ requires that the City have legal authority to “require that sewers system components and connections be properly designed and constructed.”
The Sewer Pipeline Construction Specifications, the Water and Sewer Design Development Guidelines and 383
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3-4 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Specifications, and the Sewer Standard Drawings are included in the appendices of this SSMP document, which was adopted by Resolution 2021-028. Together these documents provide the legal authority to require proper design and construction of the City’s sewer facilities. The Ontario Municipal Utilities Company utilizes standard drawings and guidelines and specifications for the design and construction of all capital and developer projects within the City of Ontario. Occasionally, projects with special or unexpected circumstances may require consideration of deviations from the standards. In such cases, further investigation and justification is required to support acceptance of any proposed changes. The City also periodically reviews these standards and processes updates when warranted. Such warranted changes could include changing economic conditions or technological/operational advancements. Current versions of the standard drawings, guidelines, and specifications are publicly available for download from the City’s website at https://www.ontarioca.gov/Engineering/DesignGuidelines.
The Sewer Standard Drawings include plans for the following:
➢ Sewer Manhole
➢ Drop Manhole for12” VCP or Less
➢ Sewer Lateral
➢ Sewer Chimney
➢ Sewer Saddle and Cut in Wye Connection
➢ Remodeling of Main Line and House
Connection Sewer
➢ Protection for Main Line and House
Connection Sewer
➢ Sewer and Water Casing Detail
➢ Bedding Details
➢ General Requirements for a Monitoring
Facility
➢ Three Chamber Sand and Oil Interceptor
➢ Monitoring Facility – Traffic Area
➢ Modified Surveillance/Monitoring Facility -
Traffic Area (Shallow Depth)
➢ Manhole Monitoring Station
3-2.4 ACCESS TO LATERAL OWNED AND/OR OPERATED BY CITY
Order 2022-0103-DWQ requires the City to have legal authority to “Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee.” The City owns the lower lateral from the main line to the right-of-way or the property line. There is typically a cleanout or manhole located adjacent the property line within the right-of-way, so that City staff can access the lower portion of the lateral for maintenance purposes (see Standard Drawing 2003). The property owner is responsible for the maintenance of the upper lateral.
The relevant section of the Municipal Code is Title 7 (Public Woks), Chapter 3 (Public Rights-of-Way).
Municipal Code Section 7-3.17 states that “For the purpose of the construction or maintenance of any improvement within any public right-of-way, or for any other purpose the City deems appropriate, the City may close or permit the closure of such right-of-way, or portion thereof, to vehicular traffic and, when necessary, to pedestrian traffic.” Therefore, City staff has access to all portions of the sewer system located within the rightof-way. 3-2.5 ENFORCEMENT
Order 2022-0103-DWQ requires the City to have legal authority to “Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures”.
Enforcement authority is specified in the City’s Municipal Code. The relevant sections are primarily located in 384
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Title 6 (Sanitation and Health), Chapter 7 (Public Sewer System), Article 6 (Enforcement). Section 6-7.601 states that the purpose and scope of Article 6 is as follows: “Any user who has violated or continues to violate federal pretreatment standards or requirements, this chapter, an industrial wastewater permit, or any prohibition, limitation, or requirement contained herein, is subject to enforcement actions administratively or judicially by the City, EPA, State of California Regional Water Quality Control Board, or the County of San Bernardino District Attorney.”
The remaining portions of Article 6 describe the enforcement actions that the City can implement, including cease and desist order, permit suspension revocation, injunction, civil and criminal penalties, remedial measures, termination of services, and recovery of cost. Section 6-7.618 specifically provides for cost recovery authority when “Any user who, by discharging wastewater, non-stormwater or by any other means, damages monitoring equipment, adversely affects wastewater treatment processes, significantly increases POTW operation costs, causes blockage, damage, upset, interference, or pass through at the POTW, or causes blockage”.
3-2.6 EASEMENT ACCESIBILITY AGREEMENTS
Order 2022-0103-DWQ requires the City to have procedures in place to “obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable”.
For new developments, the developer is required to dedicate all sewer easements to the City as part of the entitlement process. This requirement is included in the Engineering Conditions of Approval. 385
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R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 4
OPERATION AND MAINTENANCE PROGRAM
4-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that:
The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system:
(a) Updated Map of Sanitary Sewer System
An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries. (b) Preventive Operation and Maintenance Activities
A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors.
The scheduling system must include:
• Inspection and maintenance activities
• Higher-frequency inspections and maintenance of known problem areas, including areas with tree root problems.
• Regular visual and closed-circuit television inspections of manholes and sewer pipes.
The data collection system must document data from system inspection and maintenance activities, including system areas/components prone to root-intrusion potentially resulting in system backup and/or failure
(c) Training
In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
• The requirements of this General Order;
• The Enrollee’s Spill Emergency Response Plan procedure and practice drills; • Skilled estimation of spill volume for field operators; and • Electronic CIWQS reporting procedures for staff submitting data. (d) Equipment Inventory
An inventory of sewer system equipment, including the identification of critical replacement and spare parts.
386
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4-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 4-2 COMPLIANCE
4-2.1 UPDATED MAP OF SANITARY SEWER SYSTEM
Order 2022-0103-DWQ requires the City to have “an up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable storm water conveyance facilities within the sewer system service area boundaries.” The City maintains a comprehensive set of sewer atlas maps as well as continually maintaining an up-to-date sewer and stormwater geographical information system (GIS). The Sewer GIS is maintained by staff under the guidance of the Utilities Engineering Division Manager. The Stormwater GIS is maintained by staff under the guidance of the City Engineer.
GIS layers include the following:
➢ Manholes with manhole size, rim elevation, depth, installation year ➢ Pipes with pipe size, invert elevations, slope, length, material, installation year, plan number, and flow direction
➢ Inverted siphons
➢ Pump Stations
➢ Force Mains
➢ Storm Drains
➢ Catch Basins
➢ Frequent Cleaning Maintenance Locations
➢ Food Service Establishment Locations
➢ Herbicide Locations
➢ Lining Locations
The GIS layers are available for viewing through web applications. Links can be provided to City staff, consultants, as well as the State and Regional Water Board staff or others that request access to the information. Figure 4-1 provides the current map of the sewer system. 4-2.2 PREVENTIVE OPERATION AND MAINTENANCE ACTIVITIES
Order 2022-0103-DWQ requires that the SSMP has “a scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors.” The scheduling system must include:
1. Inspection and maintenance activities;
2. Higher -frequency inspections and maintenance of known problem areas, including area with tree root problems;
3. Regular visual and closed-circuit television (CCTV) inspections of manholes and sewer pipes 387
City of
Jurupa Valley
City of
Montclair
City of
Eastvale
City of
Chino
City of
Rancho Cucamonga
City of
Fontana
San Bernardino
County
I-10 FWY
SIXTH ST
HOLT BLVD
EUCLID AVE
GROVE AVE
BAKER AVE
SULTANA AVE
VINEYARD AVE
MOUNTAIN AVE
EUCLID AVE
BAKER AVE
CAMPUS AVE
VINEYARD AVE
BENSON AVE
SANANTONIO AVE
GROVE AVE
ARCHIBALD AVE
TURNER AVE
HAVEN AVE
MILLIKEN AVE
I-15FWY
ETIWANDA AVE
ARCHIBALD AVE
CUCAMONGA CREEK
HAVEN AVE
HAMMER AVE
FIFTH ST
G ST
I ST
FOURTH ST
STATE ST
MISSION BLVD
PHILADELPHIA ST
FRANCIS ST
PHILLIPS ST
WALNUT ST
SR-60 ST
RIVERSIDE DR
CHINO AVE
EUCALYPTUS AVE
EDISON AVE
SCHAEFER AVE
MERRILL AVE
CAMPUS AVE
BON VIEW AVE
WALKER AVE
PARCO AVE
CUCAMONGA AVE
MILLCREEK AVE
TURNER AVE
I-15FWY
VINTAGE AVE
WINEVILLE AVE
MAGNOLIA AVE
CYPRESS AVE
BENSON AVE
I-10 FWY
FOURTH ST
PHILADELPHIA ST
JURUPA ST
Freeway Trunk
Upland Interceptor Relief
Grove Trunk
Upland Interceptor
Turner Trunk
Fontana Interceptor Relief
Cucamonga Trunk Relief
Cucamonga Trunk
Archibald Trunk
Montclair Interceptor
Fontana Interceptor
Magnolia PS
IEUA NRW PS
Haven PS
Colony HS PS
Inland
Empire
Blvd PS
Private PS
RP-1
Sewershed
5 Sewershed
4 Sewershed
1 Sewershed
3 Sewershed
6 Sewershed
2 Sewershed
7 RP-5
RP-1 Outfall
Eastern Trunk Sewer
Kimball Interceptor
35 56
6 8
10 23
1 5
45 9
14 12
97 7
28 11 2
49 44
36 18
46 43 27
47 85
39 19
25 37
38 34
86 42
40 4
52 41
55 13
92 59
51 57
69 67
66 65
93 58
24 61
21 87
63 77
16 17
15 33
98 96
75 89
90 91
84 82
73 79
78 71
70 30 26
48 88
53 31 32
54 76
94 95
20 50
64 68
72 80
81 100
99 CITY OF ONTARIO
SEWER SYSTEM MANAGEMENT PLAN
Existing Sewer System
Figure 4-1
PROJECT NO: 1001880.00
DATE: February 2025
Legend
City Boundary
Outside City of Ontario Sewer Service Area
(Served by CVWD)
Magnolia PS Tributary
Haven PS Tributary
Inland Empire Utilities Agency Regional Plant
Sewershed 1
Sewershed 2
Sewershed 3
Sewershed 4
Sewershed 5
Sewershed 6
Sewershed 7
Private Sewer Pump Station
City Sewer Pump Station
Regional Connections to IEUA Trunks Sewer
City Gravity Sewer
IEUA Kimball Interceptor
IEUA/City of Ontario RP-1 Outfall
IEUA/City of Ontario Eastern Trunk Sewer
Inland Empire Utilities Agency (IEUA) Sewer
Private Gravity Sewer
City of Ontario Forcemain
Private Forcemain
¥
0 5,000 10,000
US Feet
388
OPERATION AND MAINTENANCE
4-4 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Inspection and Maintenance Activities
The City conducts the following inspection and maintenance activities:
1. Cleaning of all gravity sewers and inspection of associated manholes
2. Quarterly cleaning of hot spot areas
3. Daily (weekdays only) lift station inspections
➢ Pump operating time/meter readings
➢ Visual inspection of pumps, valves, and wet well
➢ Assessment of pump operation
➢ Back flushing, if needed
➢ Site clean up
4. Quarterly checks of lift station high level alarms, exercising of valves, and generator testing
5. Annual wet well cleaning at lift stations
Historically, cleaning records are maintained on hard copy forms filled out by City staff along with marking of the cleaned locations on a sewer system map. The City uses a grid system as an effective way to organize and track progress in completing each jetting grid, of which the City currently has 60 grids representing a portion of the sewage system. As tasks the sewers are cleaned in each grid, it is marked on the sewer map. This allows for a clear visualization of what has been accomplished and what areas still need attention.
Although data is currently being tracked via pen and paper, real time tracking utilizing the Citiworks Computerized Maintenance Management Software (CMMS) database is being planned in a phased approach and is a future goal for the City. This will provide a permanent record of the cleaning activity that can be more widely accessed by staff.
Higher-Frequency/Hotspot Maintenance Areas
The City conducts frequent maintenance in certain portions of the system on a quarterly basis. Frequent maintenance areas are identified from past cleaning records and any diagnostic tools utilized, such as in-house CCTV inspections. These areas are cleaned approximately every 30 days or 90 days.
Cleaning records provide the following information upon competition of cleaning activities:
➢ Sewer Location
➢ Date
➢ Length
➢ Verification of Jetting
➢ Comments on items found, such as grease, grit, etc. (quarterly cleanings only) Items such as grit, grease, rags, and roots, found during quarterly cleanings are summarized in the logs.
Cleaning crews have occasionally noted pipe lining material, heavy roots from upstream private lines, and baby wipes to be found in the system.
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R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Regular Visual and Closed-Circuit Television (CCTV) Inspections Currently, the City performs CCTV inspections in response to issues identified by technicians in the course of routine maintenance or in response to a customer call. In general, all in-house CCTV inspections have been performed as spot-checks, and not as a routine maintenance activity.
In order to comply with Order 2022-0103-DWQ, the City plans to hire a certified NASSCO contractor to CCTV inspect pipes and manholes of approximately 20% annually over the next five years. The system will be 100% inspected by December 30, 2030. As pipes and manholes are inspected, City staff and/or a consultant will evaluate and prioritize the condition of the facilities and develop replacement and repair/rehabilitation projects.
The developed projects will be added to the annual Capital Improvement Project and/or Operations and Maintenance budgets.
Pesticide/Herbicide Application
The City performs pesticide application on approximately 400 manholes per year. These manholes are randomly selected.
In addition, approximately two (2) miles of sewer pipes are treated with herbicide for root control each year.
The selected pipes are chosen based on the results of in-house CCTV inspections.
Similar to cleaning records, real time tracking of pesticide application is also being planned utilizing the Citiworks Computerized Maintenance Management Software (CMMS) database. 4-2.3 TRAINING
Order 2022-0103-DWQ requires the City to provide/offer “In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
• The requirements of this General Order
• The Enrollee’s Spill Emergency Response Plan procedures and practice drills; • Skilled estimation of spill volume for field operators; and • Electronic CIQWS reporting procedures for staff submitting data” The City’s maintenance staff receive training facilitated by internal City staff as well as through equipment manufacturers and outside workshop providers. Currently, City staff members hold California Water Environment Association (CWEA) certifications as shown in Table 4-1.
Internal training includes, but is not limited to the following:
• Spill Emergency Response Plan Procedures
• Collection System Maintenance
• Traffic Control and Driver Safety
• Personal Protective Equipment
• Health Precautions related to working outdoors and with raw sewage • Hazardous Materials Management
• Lockout/Tagout Procedures
• Confined Space Entry
• Gas Detector Training
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R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Table 4-1
City CWEA Certification
Per Order 2022-0103-DWQ, the City will also ensure that the following training sessions are conducted on a regular basis along with the aforementioned training. At minimum, these training sessions will be conducted on an annual basis.
• Spill Emergency Response Plan practice drills
• Estimation of spill volumes
• CIQWS reporting procedures for staff submitting data
The Utilities Supervisor is responsible for scheduling, organizing, and documenting training sessions for City staff. Copies of training sign-in sheets are maintained and include the training topic, date, and list of attendees.
The City requires its contractors to possess adequate training and the appropriate certification. The Utilities Operations Division Manager is responsible for verifying the qualifications of Contractor Staff. 4-2.4 EQUIPMENT INVENTORY
Order 2022-0103-DWQ requires that the City must have, “an inventory of sewer system equipment, including the identification of critical replacement and spare parts.” The Utilities Supervisor is responsible for keeping an updated inventory of the City’s equipment, shown in Table 4-2.
Name Title
CWEA
Certification(s)
Andy Marquez Utilities Operations Division Manager Wastewater Collection 4 Danny Fernandez Utilities Supervisor Wastewater Collection 4 David Meza Senior Utilities Techincian Wastewater Collection 4 Michael Schaffran Utilities Supervisor Wastewater Collection 3 Erick Caldera Utilities Technician Wastewater Collection 2 Robert Castellanos Utillities Supervisor Wastewater Collection 2 Martin Gomez Senior Utilities Techincian Wastewater Collection 2 Tony Laguna Utilities Technician Wastewater Collection 2 Daniel Santizo Senior Utilities Techincian Wastewater Collection 2 Robert Torres Utillities Supervisor Wastewater Collection 2 William Vess Senior Utilities Techincian Wastewater Collection 2 Michael Birmelin Environmental Programs Division Manager Env. Compliance Inspector 1 Maison Paps Water /Wastewater Technician Env. Compliance Inspector 1 Albert Dias Utilities Technician Wastewater Collection 1 Norman Mao Utilities Technician Wastewater Collection 1 Abraham Ocampo Utilities Technician Wastewater Collection 1 Marcos Ortiz Utilities Technician Wastewater Collection 1 Victor Romero Utilities Technician Wastewater Collection 1 391
OPERATION AND MAINTENANCE PROGRAM
4-7 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Part Description
Quantity
in Stock
Year, Make and
Model
Van - 1 Ton Cube 1 2017 Ford E450
Vactor truck 2 2019 KW T880
Vactor truck 1 2020 KW T880
Jetter truck 1 2020 KW T880
Truck - 1 Ton Flatbed 1 2020 Ford F350 SD
Truck - 1 Ton Utility 1 2022 Ford F350 SD
Trailer mounted generator 1 1990 CAT Gen Set
Trailer mounted generator 1 1994 ONAN 50DGCA
Trash Pump 1 2005 Hydro HC1205
Boeing Station spare pump 1 2005 Hydro HC1405
Smart Manhole Covers 11
Gas Testing Equipment 14
Confined Space Trailer 1
Sandbag Trailer 1
Personal Safety Equipment: hard hats, gloves, eye protection Equipment Inventory
Table 4-2
General Purpose Tools: Manhole hooks, blowers, tripod ladders, hand tools
Traffic Safety Equipment: Cones
Other
Emergency Pumps
Generators
Vehicles
392
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 5
DESIGN AND PERFORMANCE PROVISIONS
5-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires:
The Plan must include the following items as appropriate and applicable to the Enrollee’s System:
a) Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in Section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.
b) Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances . 5-2 COMPLIANCE
The Ontario Municipal Utilities Company utilizes the following standard drawings and guidelines and specifications for the design and construction of all capital and developer projects within the City of Ontario, adopted by the City Council through Resolution 2021-028. ➢ Water and Sewer Pipeline Construction Specifications (Appendix F) ➢ Water and Sewer Design Development Guidelines and Specifications (Appendix G) ➢ Sewer Standard Drawings (Appendix H)
➢ Standard Specifications for Public Works Construction (Greenbook) ➢ Sewer Master Plan Performance Evaluation Criteria
Occasionally, projects with special or unexpected circumstances may require consideration of deviations from the standards. In such cases, further investigation and justification is required to support acceptance of any proposed changes. The City also periodically reviews these standards and processes updates when warranted. Such warranted changes could include changing economic conditions or technological/operational advancements.
Current versions of the standard drawings, guidelines, and specifications are publicly available for download from the City’s website at:
https://www.ontarioca.gov/Engineering/DesignGuidelines
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 5-2.1 DESIGN CRITERIA, CONSTRUCTION STANDARDS, AND SPECIFICATIONS Order 2022-0103-DWQ requires the City to possess, “Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in Section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.”
Sewer Pipeline Construction Specifications
The City’s Water and Sewer Pipeline Construction Specifications are included as Appendix F of the current SSMP document. The specifications referred to in this appendix are stated to be in addition to Green Book standards and include:
Section 1.1: Earthwork
Section 1.2: Sewer Pipe Installation
Section 1.3: Manholes
Section 1.4: Sewer Laterals
Section 1.5: Tests for Leakage in Sewer
Section 1.6: Concrete Work
Section 1.7: Connections to Existing Manholes
Section 1.8: Temporary Handling of Sewage
Section 1.9: Steel Casing
Section 1.10: Jacked Steel Casing
Section 1.11: Video Inspection
Water and Sewer Design Development Guidelines and Specifications The City’s Water and Sewer Design Development Guidelines and Specifications are included as Appendix G of the current SSMP document. Design topics related to sewer design covered in this document include:
Section 3 – Sewer System Design Criteria
Section 3.1: General
Section 3.2: Unit Flow Factors
Section 3.3: Locations of Mains
Section 3.4: Pipe Sizing
Section 3.5: Pipe Material
Section 3.6: Manholes
Section 3.7: Cleanouts
Section 3.8: Laterals
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Section 3.9: Bedding
Section 3.10: Backflow Valves
Section 3.11: Industrial Waste Provisions
Section 5 – Materials Specifications – Sewer Pipeline
Section 5.1: General
Section 5.2: Gravity Mains – Vitrified Clay Pipe, Joint, Fittings, Ductile Iron Pipe Section 5.3: Force Mains
Section 5.4: Manholes
Section 5.5: Manhole Frames and Covers
Standard Drawings
The City’s current Sewer Standard Drawings (Appendix H) are listed in Table 5-1.
Table 5-1
Standard Drawings for Sewer Facilities
Drawing
No. Date Standard Drawing Title
2001 2023 Sewer Manhole
2002 2006 Drop Manhole for 12" VCP or Less
2003 2023 Sewer Lateral
2004 2006 Sewer Chimney
2005 2006 Sewer Saddle and Cut in Wye Connection
2101 2006 Remodeling of Main Line and House
Connection Sewer
2102 2006 Protection for Mainline and House Connection
Sewer
2103 2006 Sewer and Water Casing Detail
2104 2010 Bedding Details A
2105 2006 Bedding Details B
2201 2010 General Requirements for a Monitoring Facility 2202 2010 Three Chamber Sand and Oil Separator
2203 2010 Monitoring Facility - Traffic Area
2204 2010 Modified Surveillance/Monitoring Facility -
Traffic Area (Shallow Depth)
2205 2010 Manhole Monitoring Station
Standard Specifications for Public Works Construction (Greenbook) The Standard Specifications for Public Works Construction (Greenbook) provide specifications that have general applicability to public works projects. The City’s Sewer Pipeline Construction Specifications are supplemental to the Greenbook specifications.
In relation to sewer systems, the Greenbook has the following sections:
1. Part 1 – General Provisions
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2. Part 2 – Construction Materials
a. Gravity Pipe (207)
➢ Vitrified Clay Pipe (207-8)
o Clay Pipe Repair (207-8.6)
▪ Repair Methods and Materials (207-8.6.1)
▪ Inspection of Repairs (207-8.6.2)
b. Paint and Protective Coatings (210)
➢ Plastic Liners (210-2)
o Tests (210-2.6)
➢ Flexible Protective Liners (210-2.7)
o PVC Liners for Structures, Manholes, and Pipes (210-2.7.1) o HDPE Liners (210-2.7.2)
o PP Liners (210-2.7.3)
➢ Rigid Liners (210-2.8)
o Rigid PVC Liners for Structures, Manholes, and Pipes (210-2.8.2) o Rigid Polypropylene (pp) – Fiber Reinforced Polymer (FRP) Composite Liners for Structures, Manholes, and Pipes (210-2.8.3)
➢ Rigid Fiber Reinforced Polymer (FRP) Liners for Structure, and Manholes (210-2.8.4)
3. Part 3 – Construction Methods
4. Part 4 – Existing Improvements
5. Part 5 – Pipeline System Rehabilitation
a. Pipeline Rehabilitation (500)
➢ Cleaning and Preliminary Inspection (500-3)
➢ Pipeline Point Repair and/or Replacement (500-4)
➢ Lining (500-5)
o Cured-In-Place Pipe (CIPP) Liner (500-5.5)
o PVC Pipe Lining System (500-5.6)
o Deformed/Re-formed HDPE Liner (500-5.7)
o Fiberglass Reinforced Polymer Mortar (FRPM) Liner Pipe (500-5.8) o External In-Place Wrap (500-5.9)
o Folded and Re-Formed PVC Pipe Liner (500-5.10)
o High Density Polyethylene (HDPE) Spirally-Wound Profile Wall Liner Pipe (500-5.11) o Polyvinyl Chloride (PVC) Closed Profile Liner Pipe (500-5.12) o Spiral Wound Polyvinyl Chloride (PVC) Pipe Liner (500-5.13) o Ultraviolet (UV) Light-Cured Cured-in-Place (CIPP) Liners (500-5.14) ➢ Annular Space Grouting (500-7)
➢ Service Connection Re-establishment (500-8)
➢ Post-Installation CCTV Inspection (500-9)
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 b. Service Lateral Connection Sealing (501)
c. Manhole and Structure Rehabilitation (502)
5-2.2 INSPECTION AND TESTING
Order 2022-0103-DWQ requires that City possess, “Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.”
The Greenbook provides the inspection and testing procedures for the following:
1. Part 1 - General Provisions
a. Control of Work (3)
➢ Inspection (3-5)
b. Control of Materials (Section 4)
➢ Inspection of Materials (4-3)
c. Testing of Materials (4-4)
2. Part 2 – Construction Materials
a. Gravity Pipe (207)
➢ Vitrified Clay Pipe (207-8)
o Testing Requirements (207-8.5)
➢ Vitrified Clay Microtunneling Pipe (207-21)
o Testing Requirements (207-21.7)
➢ Precast Reinforced Concrete Manhole (215)
o Testing Requirements (215-4)
3. Part 3 – Construction Methods
a. Open Trench Conduit Construction (306)
➢ Prefabricated Gravity Pipe (306-7)
o Acceptance Testing (306-7.2.5)
➢ Vitrified Clay Pipe (306-7.4)
o Acceptance Testing (306-7.4.3)
➢ Plastic Sewer and Drainage Pipe (306-7.7)
o Acceptance Testing (306-7.7.3)
➢ Gravity Pipeline Testing (306-7.8)
o Pressure Testing and Leakage Inspection (306-7.8.2)
o Water Exfiltration Test (306-7.8.2.2)
o Water Infiltration Test (306-7.8.2.3)
o Air Pressure Test (306-7.8.2.4)
o Maximum Allowable Barrel Deflection Testing of Plastic Sewer and Strom Drain Pipe (306-7.8.3)
➢ Prefabricated Pressure Pipe (306-8)
➢ Pipeline Pressure Testing, Disinfection, and Commissioning (306-8.9) 397
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 6
SPILL EMERGENCY RESPONSE PLAN
6-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that SSMP include a Spill Emergency Response Plan (SERP) to ensure prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. The Spill Emergency Response Plan must include procedures to:
1. Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
2. Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State;
3. Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders;
4. Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained;
5. Address emergency system operations, traffic control and other necessary response activities;
6. Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
7. Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
8. Remove sewage from the drainage conveyance system;
9. Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters;
10. Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
11. Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event;
12. Conduct post-spill assessments of spill response activities;
13. Document and report spill events as required in this General Order; and
14. Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed.
Order WQ 2022-0103-DWQ defines a spill as, “a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure and/or infrastructure failure. Exfiltration of sewage is not considered to be a spill under this General Order if the exfiltrated sewage remains in the subsurface and does not reach a surface water of the State”. For reporting purposes, this document will use Order WQ 2022-0103-DWQ terminology.
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Section 5.12 of Order 2022-0103-DWQ required all agencies to update and implement their Spill Emergency Response Plan (SERP) within six months after the adoption of the General Order. The Order was adopted December 5, 2022 so the SERP had to be updated by June 5, 2023.
The City worked diligently to update its SERP to comply with the new requirements of Order 2022-0103- DWQ, including the SSMP requirements (Attachment D) and the Notification, Monitoring, Reporting, and Recordkeeping Requirements (Attachment E1 and E2). The updated SERP was completed January 15, 2023 and is included as Appendix M. Training of staff on the new SERP procedures took place on September 27, 2023.
The SERP document is organized as follows:
Chapter 1 Introduction
Chapter 2 General Definitions
Chapter 3 Spill Categories and Requirements
Chapter 4 Sanitary Sewer System Spill Notification and Reporting Requirements Chapter 5 Key Personnel, Employee Safety, Emergency Sewer Response Procedures Chapter 6 Certification Requirements
Chapter 7 Chain of Communication for Reporting Spills
Chapter 8 Applicable State and Federal Regulations
Chapter 9 Water Quality Monitoring Program
Chapter 10 Prevention and Training
Chapter 11 Record Keeping Procedures
Chapter 12 Spill Notification to City Environmental Services Section (Stormwater) and OMUC Environmental Programs Section
Chapter 13 SSERP Annual Review
Attachments 1 through 8 of the SERP include pertinent documents needed in the field when responding to a spill and for reporting purposes. These documents are intended to be a guide for maintenance staff so that appropriate notifications are made, and all the information needed for reporting is collected. These attachments include the following items:
• Attachment 1: Mutual Aid and Contact Resources List
• Attachment 2: SERP Field Report Form
• Attachment 3: Estimating the Volume of the Sewage Spill • Attachment 4: Receiving Water Inspection/Sampling Log • Attachment 5: Sanitary Sewer Overflow Water Quality Monitoring Plan • Attachment 6: OMUC and City Contact Numbers
• Attachment 7: Smart Cover Locations
• Attachment 8: Stormwater Response and Contact Information 399
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 The fourteen items listed in Section 5.12 of Order 2022-0103-DWQ were addressed in the City’s updated SERP document. The following list notes where each item is addressed in the SERP document.
1. Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner;
Chapter 4 Sanitary Sewer System Spill Notification and Reporting Requirements, Chapter 5.4 Notify Response Personnel, Attachment 2 OMUC Notification Flowchart
2. Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State; Chapter 4 Sanitary Sewer System Spill Notification and Reporting Requirements; Chapter 12.0 Spill Notification to City Environmental Service Section (Stormwater) and OMUC Environmental Programs Section, Attachment 8 Stormwater Response and Contact Information The OMUC Notification Flowchart, shown on Figure 6-1 and included as Attachment 2 of the SERP, summarizes the steps the City needs to take for initial spill reporting.
The SERP was revised in November 2024 to explicitly state in Section 4.10 that “The highest-ranking operations staff member or supervisor arriving on-site in response to a reported spill and having been given direct authority over sewer collection operation personnel who are responsible for the capture, containment, cleanup, and mitigation operations shall contact or delegate a designee to contact all regulatory agencies in the event of a spill.”
3. Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; Chapter 4 Sanitary Sewer System Spill Notification and Reporting Requirements
4. Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained;
Chapter 10.4 SSO Response Personnel Training
5. Address emergency system operations, traffic control and other necessary response activities; Chapter 5.3 Investigation and Assessment, Chapter 5.4 Notify Response Personnel, Chapter 5.6 Traffic and Crowd Control, Chapter 5.8 Emergency Sewer Response Procedures
6. Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system;
Chapter 5.5 Stop and Contain Overflow, Chapter 5.7 Clean-up and Remediation, Chapter 5.8 Emergency Sewer Response Procedures, Chapter 5.9 Emergency Sewer Response Mainline Blockage, Chapter 5.10 Emergency Sewer Response Customer’s Lateral
7. Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State;
Chapter 5.5 Stop and Contain Overflow, Chapter 5.7 Clean-up and Remediation, Chapter 5.8 Emergency Sewer Response Procedures, Chapter 5.9 Emergency Sewer Response Mainline Blockage, Chapter 5.10 Emergency Sewer Response Customer’s Lateral 400
54 Attachment 2
SSSERP Field Report Form
OMUC Notification Flowchart
Last Updated: 2/27/23
OMUC receives notification of potential spill.
Operations Division begins initial response.
1 Is the spill coming from a city owned
sanitary sewer system and/or lateral? No
Yes Go to question 2.
2 Is the spill less than 50 gallons and
does not discharge to a surface water? Yes
No Go to question 3.
3 Is the spill equal to or greater than 50
gallons, and less than 1,000 gallons
that does not discharge to a surface
water?
Yes
No Go to question 4.
4 Is the spill a Category 2 spill of 1,000
gallons or greater, that does not
discharge or threaten to discharge to
waters of the State?
Yes
No Go to question 5.
5 Is the spill 1,000 gallons or greater
and discharging, or threatening to
discharge to surface water, including
a surface water body that contains no
flow or volume of water, or a drainage
conveyance system that discharges to
a surface water, when the sewage is
not fully captured and returned to the
sewer system or disposed of
properly?
Yes
Within two (2) hours of becoming aware of the spill, notify the following agencies:
California Office of Emergency Services (800.852.7550)
Santa Ana Regional Water Quality Control Board
(951.782.4130 or [email protected])
San Bernardino County Public Health, Environmental Health Services (Normal business hours call 800.442.2283 or for after-hours emergency, contact the Fire Communication
Center at 800.472.2376
If spill enters a flood control district, call the San Bernardino County Flood Control Yard at 909.387.8063 or, for afterhours, 909.356.3805 and provide the CalOES control number.
Category 4
Category 3
Is the spill equal or greater than
1,000 gallons and discharging (or
has potential to discharge) to a
water of the State, or drainage
conveyance system that
discharges to waters of the State?
Voluntary Notification of Spills
from Privately-Owned Laterals
and/or System to California Office
of Emergency Services
(800.852.7550) OR inform,
responsible party that State law
requires such notification to Office
of Emergency Services.
No Notification
Required
Yes
No
Category 2
Category 1
Submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database within three (3) business days of knowledge of the spill.
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8. Remove sewage from the drainage conveyance system;
Chapter 5.5 Stop and Contain Overflow, Chapter 5.7 Clean-up and Remediation, Chapter 5.8 Emergency Sewer Response Procedures, Chapter 5.9 Emergency Sewer Response Mainline Blockage, Chapter 5.10 Emergency Sewer Response Customer’s Lateral
9. Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters;
Chapter 5.5 Stop and Contain Overflow, Chapter 5.7 Clean-up and Remediation, Chapter 5.8 Emergency Sewer Response Procedures, Chapter 5.9 Emergency Sewer Response Mainline Blockage, Chapter 5.10 Emergency Sewer Response Customer’s Lateral
10. Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery;
Chapter 5.7 Clean-up and Remediation, Chapter 5.8 Emergency Sewer Response Procedures, Chapter 5.9 Emergency Sewer Response Mainline Blockage, Chapter 5.10 Emergency Sewer Response Customer’s Lateral
11. Implement pre-planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; Chapter 12.2 Divisions Collaboration, Attachment 1 Mutual Aid Contact and Resources List, Attachment 6 OMUC and City Contact Numbers
The City recently contacted the San Bernardino County Flood Control District (SBCFCD) to discuss its SERP and the notification, procedures, and coordination that should take place between agencies in the event of a spill that threatens to reach one of SBCFCD’s facilities.
After discussion with Arlene Chun (Engineering Manager – Environmental Management) from San Bernardino County Department of Public Works the following procedures have been determined appropriate:
National Pollutant Discharge Elimination System (NPDES) sections are contacted by the respective City NPDES representatives when a spill occurs and vice versa. The current NPDES representative for the City of Ontario is Nathan Pino ([email protected]). Any spill that threatens to reach one of the SBCFCD facilities can be reported by Mr. Pino or directly to SBCFCD through the Department of Public Work’s (DPW) Radio Room via their Operations Branch phone number (909) 387-8063.
NPDES sections are relayed the message, but operations staff can be dispatched to the site if necessary.
NPDES Sections Division General Number: (909) 387-8109
NPDES/Stormwater programs are coordinated/managed by Jonathan Dillon ([email protected]).
Principal Permittee (Regional) programs are coordinated/managed by Christopher Bland ([email protected]).
12. Conduct post-spill assessments of spill response activities; Chapter 10.1, Investigation and Corrective Actions discusses City actions such as line cleaning, CCTV inspections, and repairs as follow up to spills.
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13. Document and report spill events as required in this General Order; and Chapter 7.0 Chain of communication for Reporting Spills, Chapter 9.0 Water Quality Monitoring Program, Chapter 11.0 Record Keeping Procedures
The SERP was revised in November 2024 to explicitly state in Section 6.10 that “The LRO is responsible for certifying all spill reports on the CIWQS Sanitary Sewer System Database. The Data Submitter may enter spill data, but does not have the authority to certify the reporting data.”
14. Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed.
Chapter 13.0 SERP Annual Review mentions that the City will annually review and assess the effectiveness of the SERP but it is not explained exactly how this will be done.
The SERP was revised in November 2024 to include Section 13.2, Hot Wash Participants and Responsibilities and Section 13.3, Hot Wash Procedure as follows:
13.2 Hot Wash Participants and Responsibilities
To facilitate discussion to capture feedback about any issues, concerns, or proposed improvements following an exercise or incident, all Key Personnel and Participants of the Emergency Sewer Response are to participate in the Post Response Hot Wash. a) Facilitator: A SSMP Key Personnel or designated representative shall act as a facilitator to conduct and lead a productive, constructive, and focused hot wash. They are to schedule a Hot Wash at the conclusion of the incident and no later than 5 business days of the conclusion of the incident. They shall be responsible for the minutes of the Hot Wash, and draft a summary and recommendations of the Hot Wash to the Key Personnel after the conclusion of the Hot Wash.
b) Participants: All key personnel and emergency sewer response responders are to participate in the Hot Wash and submit the Hot Wash Response Worksheet to the facilitator at the conclusion to the hot wash.
13.3 Hot Wash Procedure
At the conclusion of a Sanitary Sewer Overflow Emergency Response, the facilitator shall schedule (virtual or in person) a post response Hot Wash no later than 5 business days of the conclusion of the incident. They shall distribute to all Key Personnel and Responders a SERP Hot Wash Response Worksheet.
During the Hot Wash, participants should be encouraged and expected to discuss strengths, weaknesses, and recommendations to the incident. Systems, processes, plans, safety, etc. should be the focus of the discussion. At the end of the discussion, the facilitator shall collect all SERP Hot Wash Response Worksheet. All problems, concerns, strengths, and recommendations are to be noted by the facilitator for the final summary and recommendations and submitted to the Key Personnel after the conclusion of the Hot Wash.
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 7
SEWER PIPE BLOCKAGE CONTROL PROGRAM
7-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires:
The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed.
The procedure must include, at minimum:
(a) An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe-blocking substances;
(b) A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area;
(c) The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages;
(d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, record keeping and reporting requirements;
(e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance; (f) An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section; and (g) Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above. 7-2 COMPLIANCE
The City’s Sewage Pipe Blockage Control Program consists of the following:
1. FOG Source Control Program.
2. Municipal Code Section 6, Chapter 7 – Public Sewer System
3. Municipal Code Section 6, Chapter 7, Article 2 – Prohibitions and Discharge Limits
4. Municipal Code Section 6, Chapter 7, Article 3 – Permits
5. Municipal Code Section 6, Chapter 7, Article 4 – Facilities
6. Municipal Code Section 6, Chapter 7, Article 5 – Monitoring, Reporting, Notification and Inspection Requirements
7. Municipal Code Section 6, Chapter 7, Article 6 – Enforcement 404
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 8 Ordinances 2755, 2806, 2816, 2945, and 3190 adopting or amending the above municipal code sections 9 Fats, Oil, and Grease (FOG) Control educational outreach to permittees Inspection of food service establishments.
7-2.1 PUBLIC EDUCATION AND OUTREACH PROGRAM
Order 2022-0103-DWQ requires the City to develop “an implementation plan and schedule for a public education outreach program that promotes proper disposal of pipe-blocking substances”. All the Food Service Establishments (FSEs) within the City’s service area are provided with educational materials, including posters and brochures to educate owners and workers on FOG Best Management Practices (BMPs).
FOG Program Website
The City also displays information regarding its FOG Program on its website. There is a link to a webpage with instructions for FOG disposal. It also describes common kitchen best management practices. https://www.ontarioca.gov/government/municipal-utilities-company/omuc-environmental-programs/fats-oilsand-grease-fog-program Contact information for Ontario Municipal Utilities Company is also provided on the website as follows:
Phone: (909) 395-2678
Email: [email protected]
Webpages are complete and up with educational material on the site for the residential program. Currently developing BMP's for FSE's. FOG Control Manual is currently up on the website for the FSE's.
Residential FOG Website:
https://www.ontarioca.gov/government/municipal-utilities-company/omuc-environmental-programs/residentialfog FOG Program Website:
https://www.ontarioca.gov/government/municipal-utilities-company/omuc-environmental-programs/fats-oilsand-grease-fog-program Implementation Plan and Schedule for Public Education Outreach The City will be implementing a plan and schedule to provide education to newly permitted FSEs. The educational timeline is as follows:
1. At the time of application, inspectors reach out to an FSE and provide education on the necessity of a permit in relation to the City.
2. During the inspection, the inspector provides education relative to best business management practices within the FSE and informational FOG Program documents to be posted in high traffic areas of the facility. The FOG Control Program Manual (Appendix S) and list of waste haulers that provide the service of grease interceptor waste cleaning, pumping, and removal (Appendix T) are also provided.
3. After permit issuance, it is vital to educate a responsible party from the FSE with the City’s code/expectation going forward with compliance. Inspectors will provide the following documents to 405
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 assist with educational outreach:
a. The Food Service Establishment the New Permit Guide will introduce the FSE to the permit and its content (Self-Monitoring Report, Report due dates, Monitoring periods, etc.), the city of Ontario’s municipal code, and the importance of why these regulations exist. b. The Self-Monitoring Report Requirements and How to Avoid Non-Compliance is a step-by-step informational document that picks up where the New Permit Guide leaves off. This document will be vital to comply with the City’s municipal code and assist as a refresher in completing the selfmonitoring report.
Additional Public Education Outreach
Lastly, there are educational outreach opportunities with the annual City events and the City’s quarterly newsletters.
1. The annual City events such as the summer concert series provide a chance to engage with the community and spread FOG Program awareness.
2. The quarterly newsletter is another opportunity to spread FOG Program awareness through flyers/documents four times a year.
7-2.2 PIPE-BLOCKING SUBSTANCE DISPOSAL
Order 2022-0103-DWQ requires The City to implement “a plan and a schedule for the disposal of pipeblocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area.” Pursuant to the City of Ontario’s Municipal Code Section 6-7.404. All facilities that have grease interceptors shall utilize a licensed grease hauler who has been permitted for pumping services. It shall be the responsibility of each facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly.
A list of waste haulers that provide the service of grease interceptor waste cleaning, pumping, and removal is also provided in Appendix T. No recommendation or endorsement is made, intended, or implied by this list. 7-2.3 LEGAL AUTHORITY
Order 2022-0103-DWQ requires the City to possess “the legal authority to prohibit discharges to the system and identify measures to prevent spills and blockage”.
Municipal Code Section 6-7.201 lists all prohibited discharges. Section 6-7.201(b)(9) specifically prohibits the discharge of “any solid or viscous substance or other matter of such quality, size, or quantity which could cause obstruction to the flow in the sewer or be detrimental to regional treatment plan operations.” Municipal Code Section 6-7, Public Sewer System generally provides the City with legal authority to prevent spills and blockages. This section includes prohibitions and discharge limits; permit requirements; facility requirements; monitoring, reporting, notification and inspection requirements; enforcement actions; and a schedule of fees and charges. Each of these elements are critical in the design, operation, and management of the sewer system elements which in turn helps to prevent spills and blockages. 406
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 7-2.4 GREASE REMOVAL DEVICES
Order 2022-0103-DWQ requires the City to possess “requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, Best Management Practices (BMP) requirements, record keeping and reporting requirements.” Municipal Code Section 6-7.404 sets the legal authority to require FSEs to install, operate and maintain grease interceptors.
Installation Requirement for Grease Removal Devices – FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor per Municipal Code Section 6-7.404(a).
Design Standards for Grease Removal Devices – Municipal Code Section 6-7.404(e) states that “The design plans for any required interceptor not included in the Plumbing Code or City standard drawings shall be prepared and signed by an engineer registered in the State of California and meet the drawing submittal requirements set forth in Section 6-7.401. Such plans shall be reviewed and must be approved by the Administrator prior to any construction of said device.” Maintenance Requirements for Grease Removal Devices – Municipal Code Section 6-7.404(f) requires that interceptors “be watertight, structurally sound, durable, properly maintained, and easily accessible for inspection and cleaning to assure that the accumulation of sand, oil or grease does not impair the efficiency of the interceptor or pass through the device”. Municipal Code Section 6-7.404(g) requires that all cleaning and maintenance must be performed on interceptors when solids occupy 20% of the storage volume.
Grease removal device maintenance requirements are described in detail in the City’s Class II Food Service Establishment Wastewater Discharge Permit.
Best Management Practices – Best management practices for grease removal devices are described in Municipal Code Section 6-7.404(g) and Section 6-7.404(h) and referenced in the City’s Class II Food Service Establishment Wastewater Discharge Permit.
Municipal Code Section 6-7.404(g) describes the following grease interceptor requirements:
1. A user who is required to install and maintain an interceptor shall keep maintenance records and hauler’s manifests for a minimum of three (3) years.
2. Each vehicle wash and food service facility shall be responsible for the costs of installing, inspecting, pumping, cleaning and maintaining its grease interceptor.
3. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than twenty percent (20%) of the total volume of the unit.
4. All vehicle wash and food service facilities that have grease interceptors shall utilize a licensed grease hauler who has been permitted for pumping services.
5. Pumping services shall include the initial complete removal of all contents, including floating materials, wastewater and bottom sludge and solids from the interceptor.
6. It is unlawful for any grease waste hauler to reinsert, deposit, pump, place, release, or discharge into a grease trap, grease interceptor, manhole, cleanout, or other sanitary sewer appurtenance any materials that the hauler has removed from the grease trap or grease interceptor, or to cause those materials to be so handled
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7. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles and all pipe work
8. It shall be the responsibility of each vehicle wash or food service facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly Municipal Code Section 6-7.404(h) describes best practices for grease interceptor pumping:
1. When the floatable grease layer exceeds six(6) inches in depth as measured by an approved dipping method;
2. When the settleable solids layer exceeds eight (8) inches in depth as measured by an approved dipping method;
3. When the total volume of captured grease and solid material displaces more than twenty percent (20%) of the capacity of the interceptor as calculated using an approved dipping method; or
4. When the interceptor is not retaining/capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than eighty percent (80%).
Record Keeping and Reporting – Municipal Code Section 6-7.404(g) requires FSEs with interceptors to “keep maintenance records and hauler’s manifests for a minimum of three (3) years. These records shall be made available to the Administrator upon request.” This section of the code is referenced in the City’s Class II Food Service Establishment Wastewater Discharge Permit.
Municipal Code Section 6-7.511(c) requires hauling records for waste and wastewater generated at FSEs to include, at a minimum, the following information:
1. Volume and a description of the waste hauled;
2. Date the waste was hauled;
3. Name and address of the hauler;
4. Name and address of the facility receiving the waste or wastewater; and
5. Manifest number.
7-2.5 INSPECTION OF GREASE PRODUCING FACILITIES
Order 2022-0103-DWQ requires the City to possess the “authority to inspect grease producing facilities, enforcement authorities, and whether the enrollee has sufficient staff to inspect and enforce the FOG ordinance.”
Municipal Code Section 6-7.404(i) states that “Periodic inspection of the interceptor may be performed to determine compliance with this section. The owner and/or user of the property shall be subject to enforcement actions if such user fails to maintain the interceptor and/or keep adequate records.” Municipal Code Section 6-7.403(h) allows the City unrestricted access to industrial user monitoring facilities.
Municipal Code Section 6-7.501(c) allows for the City to perform “routine monitoring and sampling at the Cityapproved monitoring facility, and during a period of normal business operations and wastewater flows of the user.”
Municipal Code Section 6-7.513 provides the City inspection access and right-of-entry. It states that “Users or occupants of a premises where wastewater is created, conveyed, treated, or discharged shall allow the 408
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Administrator, or his or her representatives, having presented proper credentials, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection, sampling, monitoring, reviewing or copying records, photographing, videotaping, or recording during all times that the discharger’s facility is open, operating, or any other reasonable time.” Municipal Code Section 6-7, Article 6, Enforcement provides the City with the legal authority to determine and enforce non-compliance with the City’s Pipe Blockage Control Program. Enforcement remedies include permit revocation, termination of service, suspension orders, civil penalties, and criminal penalties. 7-2.6 CLEANING SCHEDULE FOR SECTIONS WITH FOG
Order 2022-0103-DWQ requires the City’s plan to include “an identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section.” The City has identified and mapped the locations of sewer segments subject to FOG blockages as shown on Figure 7-1. These areas are generally subject to increased cleaning frequencies (30 or 90 days). As the City is still growing, these Frequent Maintenance Locations will continue to be updated as conditions change.
The City evaluates inspection reports and spill history annually to determine if additional FSEs need to install grease control devices, if the Frequent Maintenance Locations list needs to be updated, or if additional requirements need to be added to the FOG Control Program. 7-2.7 SOURCE CONTROL MEASURES
Order 2022-0103-DWQ requires the City’s plan to include an “implementation of source control measures for all source of fats, oils, and grease reaching the sanitary sewer system for each section identified above.” The City has complied with this requirement by implementing a FOG Source Control Program. The Environmental Programs Division, along with assistance from the Utility Operations Division, maps and identifies areas of high threat from FOG sources to the sewer system. FSEs located in high priority areas are required to be permitted and either self-report or be more frequently inspected.
Identifying FSEs that need permits and grease interceptors is an on-going process, as new businesses relocate or move into the City. This approach allows the City to utilize its limited resources in an efficient manner. It also reduces the unnecessary regulatory burden that would otherwise be placed on an FSE that is not a threat to the sewer system.
In addition to identifying high priority areas and FSEs, the City complies with the source control measures requirement by:
➢ Implementing Municipal Code Section 6-7.404, Interceptors ➢ Developing and distributing FOG educational materials to all FSEs ➢ Requiring grease interceptors for FSEs that prepare and/or serve food for commercial sale or use, and other establishments that handle food where fats, oil and grease may be introduced to the sewer system
➢ Requiring grease interceptors to be appropriately sized based upon the California Building Code ➢ Conducting FSE inspections that include both best management practice inspections and grease interceptor inspections.
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Grease Control Device and Best Management Practice Inspections The City currently performs all grease control device inspections and kitchen BMP inspections in-house.
Inspection reports include but are not limited to the following data:
1. Facility Name
2. Address
3. FSE Contact
4. Phone Number
5. Size of Grease Control Device
6. Date of Last Cleaning
7. Name of Waste Hauler
8. Grease Control Device Compliance Status
9. BMP Compliance Status
10. Reasons for BMP Noncompliance
Upon permit issuance or renewal, all FSEs are assigned a priority based on a number of factors, including the type of establishment, size of the interceptor, and enforcement history. FSEs are also assigned a monitoring and reporting frequency which may range from monthly to annually:
➢ “High” priority - Monthly and bimonthly frequencies
➢ “Medium” priority - Quarterly and triannual frequencies ➢ “Low” priority - Semi-annual and annual frequencies
Approximately 585 FSE inspections were performed over the past three years (May 2021 through April 2024).
This equates, on average, to an FSE being inspected roughly five times per year. As of the end of 2023, the number of permitted FSEs with a grease control device within the City’s sewer service area was 118. Each of these has a grease interceptor installed. Three facilities have multiple interceptors. The sizes of the grease interceptors are shown on Figure 7-2.
Recent investigations by City staff suggest that there are a total of 613 businesses in the City that are identified as processing some form of food on-site. This encompasses a wide variety of business types from coffee shops to ice cream parlors to actual restaurants. There are about 210 establishments that meet the definition of a FSE and have the potential to discharge FOG or other pipe blocking materials. As previously stated, 118 FSEs are currently permitted. The City is targeting the remaining 92 FSEs for permit issuance.
Efforts to identify and permit all FSE located in the City consist of:
1. Conducting surveys by searching on HDL (website that verifies state allocations, public agency revenue management, economic development, etc. City staff use this website to check business licenses https://www.hdlcompanies.com/services/business-licenses)
2. Working on the FOG spreadsheet created, which is where inspectors update their progress on new and current FSEs and their statuses
3. Getting an updated high priority map from Utilities Supervisor
4. Looking into the new businesses developing in the Ontario Ranch area 411
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R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Figure 7-2
Size of Grease Interceptors
FOG Program Staffing
Over the last ten years of the FOG Program’s history, the City has expanded the number of pretreatment program personnel from one staff member to nine staff members, and from having no FOG Program to a functioning and systematic FOG Program, and one that shows substantial results. Furthermore, the program has flexibility enough to cover all aspects of the program. The City will continue to balance the program’s regulatory needs versus cost effective service and budgetary constraints with regard to expansion of staff within the program.
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R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 8
SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS 8-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires:
The Plan must include procedures and activities for:
➢ Routine evaluation and assessment of system conditions; ➢ Capacity assessment and design criteria;
➢ Prioritization of corrective actions; and
➢ A capital improvement plan.
The details of each of the aforementioned components are outlined further in the subsections that follow. 8-2 COMPLIANCE
8-2.1 SYSTEM EVALUATION AND CONDITION ASSESSMENT
Order 2022-0103-DWQ requires that “The Plan must include procedures to:
a. Evaluate the sanitary sewer system assets utilizing the best practices and technologies available; b. Identify and justify the amount (percentage) of its system for its condition to be assessed each year; c. Prioritize the condition assessment of system areas that:
➢ Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies;
➢ Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas;
➢ Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List;
d. Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods;
e. Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State; f. Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
g. Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods;
h. Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State; i. Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
j. Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.” 413
SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS 8-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 The City’s last rehabilitation program, in which structural deficiencies and needed improvements were identified, was completed in June 2006. Sewers were CCTV inspected and a program was implemented to visually inspect and document the condition of approximately 8,693 manholes. Since then, City staff has inspected sewers on an as-needed basis. The system is due to be re-evaluated. The City plans to have a certified NASSCO (National Association of Sewer Service Companies) contractor CCTV (closed circuit television) inspect twenty percent of the system annually over the next five years. The goal is to systematically re-inspect the entire gravity system, including manholes, from the top of the system down by December 2030.
As inspections begin, there will be a need to handle a significant amount of data. The City currently utilizes the Cityworks® computerized maintenance management system (CMMS) to track CCTV data. Cityworks is an asset management software package that allows the City to easily record and organize sewer asset data, plan preventive maintenance tasks, create work orders, and generate reports. The City will evaluate the capabilities of Citiworks to determine if it can continue to be utilized to track future CCTV inspections of pipes and manholes.
As the CCTV inspections of pipes and manholes is completed over the next 5 years, the City will evaluate the conditions of the facilities and develop repair and replacement projects. The projects will be prioritized along with any capacity related projects (see Section 8.2.2). The City will consider the condition, capacity, as well as additional criteria identified in Order 2022-0103-DWQ, including:
➢ Areas that hold a high level of environmental consequences ➢ Vicinity to surface waters, steep terrain, high groundwater levels, or environmentally sensitive areas, ➢ Vicinity to receiving waters with bacterial-related impairment ➢ Vicinity vulnerable to climate change impacts (sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions) For example, the City has identified the Ely Basins in south-central Ontario as a critical area which should be considered in prioritization of projects. The Ely Basins provide an area for groundwater recharge from stormwater and tertiary treated recycled water. Water is allowed to pond within the basin for optimal percolation rates. A variety of wildlife, particularly birds, utilize the basin water and habitat. Wastewater collection pipes run to the north of the basins and south on Vineyard Avenue. An 8-inch line and a 21-inch line run under the structure that connects the basins through an inverted siphon under pressure with an air lift line. A spill in this area and/or the nearby drainage area that feeds stormwater into the basins could have serious effects on the basins and the surrounding habitat depending on the location of the break and the size of the spill. 8-2.2 CAPACITY ASSESSMENT AND DESIGN CRITERIA
Order 2022-0103-DWQ requires that “The Plan must include procedures to identify system components that are experiencing or contributing to spills caused hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
a. Dry-weather peak flow conditions that cause or contributes to spill events; b. The appropriate design storm(s) or wet weather events that causes or contributes to spill events; c. The capacity of key system components; and
d. Identify the major sources that contribute to the peak flows associated with sewer spills.
The capacity assessment must consider:
a. Data from existing system condition assessments, system inspections, system audits, spill history, and other available information;
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R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 b. Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions;
c. Capacity of systems subject to increased infiltration and inflow due to larger and/or higher-intensity storm events as a result of climate change;
d. Increases of erosive forces in canyons and streams near underground and above-ground system components due to larger and/or higher-intensity storm events; e. Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and
f. Necessary redundancy in pumping and storage capacities”.
Capacity Assessment
A calibrated hydraulic model of the City’s sewer system was updated in 2020 as a part of the Draft Sewer Master Plan Update and a peak dry weather capacity analysis was conducted. The City is currently updating the model as a part of the ongoing 2025 Sewer Master Plan project, due to be completed by the end of June 2025.
The current Sewer Master Plan project includes updating and calibrating the City’s sewer model. Then a hydraulic analysis under existing and future peak dry weather conditions will be conducted to identify any system deficiencies based on established criteria. The future sewer loads for future known developments as well as an allowance for possible densification (i.e. accessory dwelling units) will be accounted for and modeled.
Capacity improvement projects will be developed and recommended in a Capital Improvement Program.
The master plan also includes developing a wet weather assessment based on flow monitoring data collected to comply with Order 2022-0103-DWQ. Nineteen (19) flow monitors were placed in the system in March and April 2024 in an attempt to capture wet weather flow data. During the monitoring period, two rain events occurred. One was classified as a 1yr turn frequency, 12 hour event. The second was classified and less than 1yr frequency, 24 hour event. These were relatively small rainfall events that resulted in little inflow and infiltration. As a general rule, basins that exhibit less than 5 gal/ft/in as RDII are considered reasonably tight.
All of the basins evaluated in the study were well below this value. Five (5) basins were identified as being comprised of base infiltration (BI) potentially significant portion of the sewer flow. As the Closed Circuit Television (CCTV) inspection program gets underway, the City will consider starting in the basins identified with possible significant base infiltration.
The City will also consider future flow monitoring during the wet weather season to further identify areas of RDII under higher frequency storm events than what was experienced in March/April 2024 and the need for CCTV inspections or rehabilitation of sewers.
8-2.3 PRIORITIZATION OF CORRECTIVE ACTION
Order 2022-0103-DWQ requires that “The findings of the condition assessment and capacity assessment must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.“
The capacity improvement projects will be prioritized in the 2025 Sewer Master Plan will primarily be based on the severity of the hydraulic deficiency, the size of the affected tributary area, the remaining pipe capacity, and vicinity to water ways.
Once the CCTV inspections are complete and evaluated, the City will need to develop a method to prioritize the recommended corrective actions, considering the severity of the consequences of potential spills. This 415
SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL IMPROVEMENTS 8-4 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 requires some sort of risk assessment that is typically based on the condition of the facility, the current capacity of the facility, the amount of flow that could potentially spill, and the location of the facility. The risk assessment should consider the environmental and climate-change factors previously identified.
There are AI-powered condition assessment and risk-based capital planning software packages available that allow for intelligent asset management of sewer systems. CCTV data can be imported to the software, making condition assessment much more efficient. Built in analytical tools can assist in determining the likelihood of failure, consequence of failure, and overall risk of each asset. Built-in algorithms help to trace the root causes of asset deterioration/failure. Then the software can be utilized to help determine repair and rehabilitation priorities as well.
The City is in the beginning stages of its asset management program. It is projected 5+ years before the full rollout of the program. The City will consider the use of AI-powered condition assessment and risk-based capital planning software packages to assist in its future risk assessment and prioritization of corrective actions. 8-2.4 CAPITAL IMPROVEMENT PLAN
Order 2022-0103-DWQ requires that “The capital improvement plan must include the following items:
a. Project schedules including completion dates for all portions of the capital improvement program; b. Internal and external project funding sources for each project; and c. Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and interagency coordination with other impacted utility agencies.
The capacity improvement projects identified in the 2025 Sewer Master Plan will include estimated project costs. Once the recommended projects are prioritized as described in Section 8-2.3, the City will need to develop a project schedule of all projects with projected completion dates and funding sources. Since CCTV inspection of the entire system is expected to occur over several years, the City will need to develop project schedules in increments or on an ongoing basis. A project schedule for all identified projects with projected completion dates and funding sources should be presented in the City’s next SSMP Update. 416
9-1 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 9
MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
9-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that “The Plan must include an Adaptive Management section that addresses Plan-implementation effectiveness and the steps for necessary Plan improvement, including:
(a) Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities;
(b) Monitor the implementation and measuring the effectiveness of each Plan element; (c) Assessing the success of the preventative operation and maintenance activities; (d) Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and
(e) Identifying and illustrating spill trends, including spill frequency, locations and estimated volumes.” 9-2 COMPLIANCE
9-2.1 RELEVANT INFORMATION
Order 2022-0103-DWQ requires the City “maintain relevant information, including audit findings, to establish and prioritize appropriate Plan activities.”
The City maintains information relevant to the sewer system and its operation in the SSMP document.
The City also keeps updated records of all sewer related documents which include but are not restricted to the following:
➢ GIS Shapefiles
➢ CCTV Inspection Records (i.e. reports, videos, photos, etc.) ➢ Maintenance Records (i.e. cleaning records, lift station records, etc.) ➢ Frequent Maintenance Records
➢ FSE Inspection Information
➢ Spill History Reports
➢ SSMP Documents and Audits
GIS Shapefiles – The City keeps an up-to-date geographical information system (GIS) database of its sewer and stormwater facilities. This database includes the following:
➢ Manholes with ID numbers and upstream invert elevation ➢ Pipes with pipe size, slope, reach length, material, year of construction, estimated peak dry weather flow, calculated depth of flow at peak dry weather flow, depth to diameter ratio, velocity, and pipe capacity. The map also shows the flow direction in the pipe ➢ Inverted Siphons
➢ Pump Stations
➢ Force Mains
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9-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 ➢ Storm Drains
➢ Catch Basins
➢ Frequent Cleaning Maintenance Locations
➢ Food Service Establishment Locations
➢ Historical Overflow Locations
➢ Root Locations
➢ Herbicide Locations
➢ Lining Locations
The GIS is maintained by staff under the guidance of the Utilities Engineering Division Manager. The City reviews the relevant shapefiles periodically and makes any necessary updates.
CCTV Inspection Records – The City’s closed-circuit television (CCTV) inspections are performed in-house.
The City maintains hard copies of all CCTV records and the video files are maintained on a City network drive and eventually in the Cityworks CMMS.
Maintenance Records – The City’s maintenance records are tracked on a map and hard copy reports are kept on file. Pump station inspection records (i.e. daily, weekly, quarterly maintenance reports) are also maintained in hard copy format.
Data is currently being tracked via pen and paper. However, Cityworks real time tracking is a future goal and is being planned by the City in a phased approach.
Frequent Maintenance Records – The City performs quarterly frequent cleaning on certain gravity pipes.
Maintenance records are maintained in hard copy form. The City evaluates and updates its Frequent Maintenance Locations list after the following occurrences:
➢ Spills
➢ Blockages observed from routine maintenance
➢ Maintenance records of grease, roots, debris from CCTV records ➢ Odor complaints
FSE Inspections – Annual, follow-up, investigatory, and initial inspection data is maintained by the City electronically. Currently, the FSE inspections are performed in-house, and inspection data is summarized on an on-line database tailored for the FOG program (SAMS).
Spill History Reports – Spill reports are filed and maintained in hard copy form at the City. The spill report database is updated continuously on the California Integrated Water Quality System (CIWQS) website as required by the current Statewide Waste Discharge Requirements.
SSMP Documents and Audits - The City maintains all current SSMP Documents in hard copy and electronic format, available to staff and the public upon request. 9-2.2 IMPLEMENTATION AND EFFECTIVNESS
Order 2022-0103-DWQ requires the City to “monitor the implementation and measure the effectiveness of each Plan Element.”
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9-3 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 The City will monitor the implementation and measure the effectiveness of each SSMP element as follows:
➢ Goals: Review goals annually and update as necessary
➢ Organization: Review organization chart annually, update as necessary, and distribute copy to all parties so they are informed of responsibilities related to the SSMP elements ➢ Legal Authority: Review the Municipal Code annually and update as necessary. Consult City staff to determine if any problems occurred due to inadequate legal authority in relation to the sewer system, SSOs, FOG, etc.
➢ Operation and Maintenance: Review routine and frequent cleaning records quarterly to ensure preventative maintenance goals are being met. Review pump station maintenance logs, annually, to ensure preventative maintenance goals are being met.
Categorize the condition of the sewers and schedule follow up inspections based on these categorizations. Review CCTV follow-up inspection records annually to ensure re-inspection schedule is being met for those sewers previously identified with condition deficiencies.
Review training schedules/records annually to ensure maintenance staff have appropriate training in all areas related to sewer system maintenance and SSOs. ➢ Design and Performance Provisions: Review City Design Standards for Sewer Facilities document and standard sewer drawings annually and update as necessary. ➢ Spill Emergency Response Plan: Review SERP annually and update as necessary. Consult maintenance staff for recommendations of improvement based on experience in field and in reporting SSOs when they occurred.
➢ Sewer Pipe Blockage Control Program: Review FOG Ordinance and FOG educational materials annually and update as necessary. Consult FSE inspector for recommendations of improvements.
Review FSE inspection data annually to ensure that goals are being met.
Map and correlate spills with FSE locations and determine what corrective actions are needed, such as adding portions of system to the frequent cleaning list or further education at upstream FSE locations. This task is done anytime a spill occurs.
➢ System Evaluation, Capacity Assurance, and Capital Improvements: Update capacity analysis when any significant changes in loads have occurred or are predicted to occur (i.e. future development or redevelopment). Review Capital Improvement Program annually and reprioritize as necessary. ➢ Communication: Review the communication program annually to ensure goals are being met. Review causes of spills and increase communication efforts if necessary. 9-2.3 SUCCESS OF PREVENTATIVE OPERATION AND MAINTENANCE ACTIVITIES Order 2022-0103-DWQ requires the City to “assess the success of the preventive operation and maintenance activities.”
The spill trend is detailed on Figure 9-1. A sewer collection system with less than three (3) spills from the publicly owned system (excluding private property spills that do not result from a blockage in the public system) per 100 miles per year is considered an adequate system. For the City’s sewer system (425 miles), this is an average of about four (4) spills per year.
419
MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
9-4 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 As illustrated on Figure 9-1, the number of public spills peaked at 8 spills in 2009. The number of spills has generally been on a downward trend since that time, and four (4) or less spills have been recorded every year since 2017, indicating a successful preventive operation and maintenance program.
Figure 9-1
Spill Summary (2007-2024)
9-2.4 UPDATE PLAN PROCEDURES AND ACTIVITIES
Order 2022-0103-DWQ requires that the City “update plan procedures and activities, as appropriate, based on results of monitoring and performance evaluation.”
Order 2022-0103-DWQ requires internal audits to be conducted every 3 years to evaluate the implementation and effectiveness of the SSMP in preventing spills and compliance with the order, identify SSMP deficiencies, and identify necessary modifications to the SSMP to correct the deficiencies. A proposed schedule to address the identified deficiencies is included in the 2024 SSMP Audit. The City will review the audit recommendations regularly, annually at minimum, and determine what has been completed and what still needs to be assigned to staff and worked on. All modifications to the SSMP should be documented. SSMP updates will be made every 6 years as required.
9-2.5 SPILL TRENDS
Order 2022-0103-DWQ requires that the City “identify and illustrate spill trends, including spill frequency, locations and estimated volumes.”
The spill history is detailed in Table 9-1. The location and cause of the spill, if known, are shown for each event.
This can be used to identify spill trends and plan system or program improvements and corrections. For instance, since no spills in the last three years have been caused by grease/FOG, the City’s blockage control program appears to have had a positive effect. Recent spills caused by root intrusion suggest the City might want to step up its root control (pesticide/herbicide applications) from the current goal of two (2) miles per year. 0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
200720082009201020112012201320142015201620172018201920202021202220232024 Number of Spills
Year
Public Private
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MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
9-5 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 It seems that the cause of spills has not always been recorded but has been for the past several years. The City will continue to record the cause of spills if/when they occur in the future.
Table 9-1
Spill History from 2007-2024
Year Date
Public/
Private Location
Spill
Volume
(gal)
Surface
Water
Reached
Storm
Drains ? Likely Cause
02/06/07 Private 1351 N. Grove Ave. Ontario Ca. 91762 300 Yes Yes FOG 04/02/07 Public Intersection Cucamonga Ave & "I" Street 11,000 Yes 05/08/07 Public Holt Blvd Trunck Sewer Costruction 500 No 05/16/07 Private Cypress Park Townhomes 600 No
05/16/07 Private Church's Chicken 300 Yes
05/31/07 Private Dongjin America 100 No
07/16/07 Public J11MH115 250 No
07/31/07 Public J11mh115 (2) 6,000 Yes
10/20/07 Public I17MH104 10,500 Yes
12/16/07 Private 1351 N. Grove Avenue, Ontario CA, 91762 1,000 Yes 01/23/08 Public 655 E "G" Street 150 No
06/09/08 Private 121 N. Fern 200 No
07/06/08 Private Country Meadows Mobile Home
Community - Space1 600 No
11/17/08 Private Jaunita's and Alta Dena Dariy 200 Yes
11/18/08 Private King Villiage Appartments 1,000 Yes
11/29/08 Private Country Meadows Mobile Home
Community-Space 1 375 No
12/16/08 Public Westwind Park 120 Yes
01/23/09 Public Manhole# R19MH160 3,000 Yes
04/22/09 Private Medow Apartments 2,000 No
05/30/09 Public Pipe Segment J17CL1063 (3) 4,200 Yes
05/30/09 Public Pipe Segment J17CL1063 (4) 4,200 Yes
05/30/09 Public Pipe Segment J17CL1063 (2) 4,200 Yes
05/30/09 Public Pipe Segment J17CL1063 18,900 Yes
07/11/09 Private Grove Apartments 60 No
08/14/09 Private Alley behind 1220 -1231 E Sixth Street, Ontario CA 500 No
09/02/09 Public 1047-1053 N. Mountain Ave, Ontario 100 No 11/04/09 Private 4405 E. Airport Drive, Ontario, CA 91767 350 No 12/14/09 Public Manhole at intersection of Olive Street and San Diego Avenue 100 No
12/14/09 Public 2151 E. Philadelphia 33,000 Yes
12/23/09 Private 1216 South Euclid Avenue 100 No
12/31/09 Private 926 W. Philadelphia Avenue 225 No
2007
2008
2009
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9-6 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Table 9-1
Spill History from 2007-2024
Year Date
Public/
Private Location
Spill
Volume
(gal)
Surface
Water
Reached
Storm
Drains ? Likely Cause
01/03/10 Private Denny's Restaurant #147 1409 E. Fourth Avenue 600 No
01/05/10 Public 608 West Emporia 200 No
02/20/10 Public 904 W Rosewood 300 No
03/18/10 Public 2400 S Sultana 300 No
08/21/10 Public Boulder Avenue and B Street 700 No
09/06/10 Public 1320 N Sultana-Basement 200 No
11/08/10 Public 3655 E. Airport 8,000 No
02/11/11 Public 515 North Vine 50 No
05/16/11 Public Manhole on East Sixth, west of Grove 250 No 06/20/11 Public 1565 E. Fourth Street 40 No
08/15/11 Public 608 W. Emporia Street 10 No
08/29/11 Public 1203 E. Sixth Street 375 No
03/04/12 Public 2917 E Cottonwood 1,400 Yes
03/29/12 Public 222 N. San Antonio 50 No
04/28/12 Public 1002 E. G Street 1,700 No
07/05/12 Public 1442 W Holt 800 No
10/26/12 Public 313 S. Vine, K12MH135 200 No
03/06/13 Public 1045 N Palmetto 185 No
11/25/13 Public Intersection 5th street and Council ave 625 No 06/14/14 Public Euclid Avenue and Riverside Drive 525 No 06/17/14 Public Cucamonga Avenue and Jefferson Street. 620 No 10/25/14 Public 515 east 5th street 10 No
12/04/14 Public 2539 East Philadelphia street 775 No
03/01/15 Public 1044 N Sultana 220 No
12/05/15 Public Euclid and Riverside dr (this is a duplicate to spill event 820048) 600 No
12/05/15 Public Euclid and Riverside dr 600 No
02/16/16 Public 511 East Plaza Serena 507 No
04/25/16 Public 1414 N Hope Ave 300 No
07/13/16 Public 1321 W Stoneridge 270 No
08/06/16 Public 600 N Palmetto ave 800 No
12/16/16 Public construction pit on Francis just south of Parco 30 No
12/27/16 Public 500 east E street 500 No
01/18/17 Public 1329 East Holt Blvd., Ontario, CA 91761 500 No 01/28/17 Public 1329 East Holt Blvd 300 No
09/17/17 Public 525 East 5th street 45 No
2018
04/16/19 Public 2000 S San Antonio ave 140 No
04/24/19 Public 417 N Euclid 215 No
01/21/20 Public 712 N Holmes 580 No
06/17/20 Public 3655 E Airport Dr 750 No
07/16/20 Public 2959 S Bon view 50 No No Construction
Accident
12/16/20 Public 2545 South Bon View Avenue 800 No No Construction Accident
2019
2020
2016
2017
2010
2011
2013
No Spills
2012
2014
2015 422
MONITORING, MEASUREMENT, AND PROGRAM MODIFICATIONS
9-7 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP SEWER SYSTEM MANAGEMENT PLAN 2025 Table 9-1
Spill History from 2007-2024
*No spills reported from January 2024 through May 2024
Year Date
Public/
Private Location
Spill
Volume
(gal)
Surface
Water
Reached
Storm
Drains ? Likely Cause
02/11/21 Public 740 N Vine AV 100 No No Root Intrusion
12/13/21 Public 215 N Euclid Ave 3,500 No No Root Intrusion 01/06/22 Public Sultana and Maitland 5 No No Construction Debris
09/05/22 Public 950 E Yale 100 No No Root Intrusion
2023 03/27/23 Public Intersection of G and Holmes 46 No 2021
2022 423
10-1 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 10
INTERNAL AUDITS
10-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that “The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with Section 5.4 (Sewer System Management Plan Audits) of this General Order.”
10-2 COMPLIANCE
Provision 5.4 of Order 2022-0103-DWQ requires:
“The Enrollee shall conduct an internal audit of its Plan, and implementation of its Plan, at a minimum frequency of once every three years. The audit must be conducted for the period after the end of the Enrollee’s last required audit period. Within six months after the end of the required 3-year audit period, the LRO shall submit an audit report into the online CIWQS Sanitary Sewer System Database per the requirements in Section
3.10 (Sewer System Management Plan Audit Reporting Requirements) of Attachment E1 of this General Order.”
The City’s Sewer System management Plan (SSMP) and Audit due dates are shown in Table 10-1. The City was required to complete and upload an audit for the period of May 2, 2021 through May 2, 2024 to the CIWQS website by November 2, 2024. The City completed the audit in June 2024 and uploaded it to the CIWQS website on August 26, 2024.
SSMP Audits are required every three years per Order 2022-0103-DWQ. The Cit’s next audit period will be May 2, 2024 through May 2, 2027 and the audit report will be due on November 2, 2027.
Table 10-1
Sewer System Management Plan Audit Due Dates
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INTERNAL AUDITS
10-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 Additionally, as stated in Section 5.4, “The internal audit shall be appropriately scaled to the size of the system(s) and the number of spills. The Enrollee’s sewer system operators must be involved in completing the audit. At minimum, the audit must:
a) Evaluate the implementation and effectiveness of the Enrollee’s Sewer System Management Plan in preventing spills;
b) Evaluate the Enrollee’s compliance with this General Order; a) Identify Sewer System Management Plan deficiencies in addressing ongoing spills and discharges to waters of the State; and
b) Identify necessary modifications to the Sewer System Management Plan to correct deficiencies. c) The Enrollee shall submit a complete audit report that includes:
o Audit findings and recommended corrective actions;
o A statement that sewer system operators’ input on the audit findings has been considered; and o A proposed schedule for the Enrollee to address the identified deficiencies.” The City’s latest audit report met the requirements of Order 2022-0103-DWQ and was utilized to assist the City in updating its SSMP documents, which must be completed and approved by City Council by May 2, 2025. 425
11-1 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 SECTION 11
COMMUNICATION PROGRAM
11-1 SEWER SYSTEM MANAGEMENT PLAN REQUIREMENTS
Order 2022-0103-DWQ requires that:
The Plan must include procedures for the Enrollee to communicate with:
a) The public for:
➢ Spills and discharge resulting in closure of public areas, or that enter a source of drinking water, and
➢ The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.
b) Owners/operators of systems that connect into the Enrollee’s system, including satellite system, for:
➢ System operation, maintenance, and capital improvement-related activities. 11-2 COMPLIANCE
The City has addressed its compliance to the Communication Program requirements by conducting the activities listed in Table 11-1.
Table 11-1
Communication Program
Party Line of Communication
City Council Public Meetings
SSMP and SERP posted on City Website
Press releases and social media posts
Inspections (varied frequency based on priority)
Educational Materials Distributed to All FSEs
FOG Information Posted on City Website
Permit Documents
Plumbers and Sewer contractors Plans, specifications, and standard details available at the Public Counter and posted on City Website
Inland Empire Utilities Agency
Cuacamonga Valley Water District
City of Chino
City of Chino Hills
City of Fontana
City of Montclair
City of Upland
Jurupa Community Services District
City of Pomona
Mutual Aid Agreement; Regular formal meetings, as well
as routine informal communications, conducted by and
between IEUA and its Member Agencies.
Food Service Establishments
City Residents and Buinesses
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COMMUNICATION PROGRAM
11-2 CITY OF ONTARIO
R:\RPTS\Ontario\2024 SSMP Update SEWER SYSTEM MANAGEMENT PLAN 2025 11-2.1 PROCEDURES TO COMMUNICATE WITH PUBLIC
Order 2022-0103-DWQ requires the City have procedures to communicate with “the public for:
➢ Spills and discharge resulting in closure of public areas, or that enter a source of drinking water, and ➢ The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.”
Public notifications for closures to public facilities due to a spill or any other reason, would be handled by the City Communications Group. The City Manager’s office and Council notifications would ensue in parallel. Social media, website postings, paper postings, and door hangers would be utilized as appropriate.
The Ontario Municipal Utilities Company (OMUC) would be involved with the initial messaging content which gets vetted by the Communications Group. Depending on the situation, staff from City departments such as OMUC, Public Works, and Recreation & Community Services would be involved in communications with the public.
The Sewer System Management Plan (SSMP) will be discussed at City Council meetings, which are open to the public. The SSMP will be adopted by resolution and be posted on the City’s website. A channel will be provided for the public to provide comments and feedback. Notifications will also be made via press releases and social media.
https://www.ontarioca.gov/OMUC/Utilities
11-2.2 PROCEDURES TO COMMUNICATE WITH OWNERS/OPERATORS OF OTHER SYSTEMS Order 2022-0103-DWQ requires the City to have procedures to communicate with “owners/operators of systems that connect into the Enrollee’s system, including satellite system, for:
➢ System operation, maintenance, and capital improvement-related activities.” The City of Ontario is a member City of the Inland Empire Utilities Agency (IEUA), along with all other cities/agencies adjacent to Ontario. Each of these member entities is a signatory to a Mutual Aid Agreement (Appendix D) through which members can request aid in the form of personnel and equipment in the event of an emergency. Management of each member city or agency is required to consult at least annually year to update equipment and personnel lists, and to revise any procedures for requesting and obtaining mutual aid assistance. Other communication takes place on an as-needed basis. 427
428
APPENDIX A
GLOSSARY
429
Appendix A
Mutual Aid Contact and Resources List
SSMP Glossary
AI – Artificial Intelligence
BMP – Best Management Practices
CalEMA— California Emergency Management Agency
CCTV – Closed Circuit Television
CIP – Capital Improvement Program
CIPP – Cured in Place Pipe
City – City of Ontario
Cityworks® - Software used to manage work orders and service requests CIWQS – California Integrated Water Quality System
CMMS – Computerized Maintenance Management System
DOC — Departmental Operations Center
DPW – Department of Public Works
DWQ – Division of Water Quality
EOC - Emergency Operations Center
FOG – Fats, Oils, and Grease
FRP – Fiber Reinforced Polymer
FRPM – Fiber Reinforced Polymer Mortar
FSE – Food Service Establishments
GIS – Geographic Information System
gpd - Gallons per day
gpm - Gallons per minute
Greenbook – Standard Specifications for Public Works Construction HDL – website that verifies state allocations, public agency revenue management, economic development, etc. City staff use this website to check business licenses https://www.hdlcompanies.com/services/business-licenses HDPE – High Density Polyethylene
I/I – Infiltration and Inflow
430
Appendix A
Mutual Aid Contact and Resources List
SSMP Glossary
IEUA - Inland Empire Utilities Agency
LRO – Legally Responsible Official
mgd - Million gallons per day
MTP – Microtunneling Pipe
NASSCO – National Association of Sewer Service Companies NPDES – National Pollutant Discharge Elimination System O& M- Operations and Maintenance
OMUC – Ontario Municipal Utilities Company
PACP – Pipeline Assessment Certification Program
POTW – Public Owned Treatment Works
PP – Polypropylene
PVC – Polyvinyl Chloride
RCA - Regional Contract Agency
RWQCB—Regional Water Quality Control Board
SAMS – on-line database tailored for the FOG program
SBCFCD – San Bernardino County Flood Control District
SCADA - Supervisory Control and Data Acquisition
SERP – Spill Emergency Response Plan
SOP - Standard Operating Procedure
SSMP – Sewer System Management Plan
SSO - Sanitary Sewer Overflow
SWRCB – State Water Resources Control Board
UV – Ultraviolet
VCP – Vitrified Clay Pipe
WQ – Water Quality
431
APPENDIX B
SEWER ORDINANCE, MUNICIPAL CODE
SECTION 6.7
432
CHAPTER 7: PUBLIC SEWER SYSTEM
Article 1. General Provisions
Sec. 6-7.101 Authorization
Sec. 6-7.102 Purpose and objectives
Sec. 6-7.103 Administration
Sec. 6-7.104 Applicability
Sec. 6-7.105 Regional pretreatment agreement
Sec. 6-7.106 Ordinance definitions
Sec. 6-7.107 Permit definitions
Sec. 6-7.108 Protection from damage
Sec. 6-7.109 Falsifying information
Article 2. Prohibitions and Discharge Limits
Sec. 6-7.201 Prohibited Discharges
Sec. 6-7.202 Rainwater or unpolluted water
Sec. 6-7.203 Radioactive wastes
Sec. 6-7.204 Garbage grinders
Sec. 6-7.205 Hauled wastes
Sec. 6-7.206 Water treatment devices
Sec. 6-7.207 Medical wastes
Sec. 6-7.208 Spent solutions and sludges
Sec. 6-7.209 Dilution
Sec. 6-7.210 Bypass
Sec. 6-7.211 Prohibited discharge locations
Sec. 6-7.212 Local discharge limits
Article 3. Permits
Sec. 6-7.301 Industrial wastewater permit
Sec. 6-7.302 Applications
Sec. 6-7.303 Permit conditions
Sec. 6-7.304 Duration
Sec. 6-7.305 Change of permit conditions
Sec. 6-7.306 Non-transferability
Sec. 6-7.307 National Categorical Pretreatment Standards Article 4. Facilities
Sec. 6-7.401 Drawing submittal requirements
Sec. 6-7.402 Pretreatment facilities
Sec. 6-7.403 Monitoring facilities
Sec. 6-7.404 Interceptors
Sec. 6-7.405 Secondary spill containment
Article 5. Monitoring, Reporting, Notification and Inspection Requirements Sec. 6-7.501 Monitoring
Sec. 6-7.502 Plans and reporting
Sec. 6-7.503 Total toxic organics/solvent management plan (TTO/SMP) 433
Sec. 6-7.504 Baseline monitoring reports (BMRs)
Sec. 6-7.505 Ninety (90) day compliance reports
Sec. 6-7.506 Slug discharge control plan
Sec. 6-7.507 Periodic reports on continued compliance
Sec. 6-7.508 Pollution prevention plan
Sec. 6-7.509 Notifications
Sec. 6-7.510 Signatory requirements
Sec. 6-7.511 Record-keeping requirements
Sec. 6-7.512 Public access to information and confidentiality Sec. 6-7.513 Inspection/right-of-entry
Article 6. Enforcement
Sec. 6-7.601 Purpose and scope
Sec. 6-7.602 Determination of non-compliance
Sec. 6-7.603 Non-compliance fees
Sec. 6-7.604 Notice of violation
Sec. 6-7.605 Show cause order
Sec. 6-7.606 Compliance agreement
Sec. 6-7.607 Cease and desist order
Sec. 6-7.608 Permit suspension revocation
Sec. 6-7.609 Injunction
Sec. 6-7.610 Civil penalties
Sec. 6-7.611 Criminal penalties
Sec. 6-7.612 Appeal
Sec. 6-7.613 Additional emergency remedial measures
Sec. 6-7.614 Cumulative remedies
Sec. 6-7.615 Termination of services
Sec. 6-7.616 Public nuisance
Sec. 6-7.617 Cost
Sec. 6-7.618 Recovery of cost incurred by City
Sec. 6-7.619 Financial security
Sec. 6-7.620 Appeals to the Administrator
Sec. 6-7.621 Judicial review
Sec. 6-7.622 Affirmative defense
Article 7. Schedule of Fees and Charges
Sec. 6-7.701 Revenues
Sec. 6-7.702 Equivalent dwelling units (EDU)
Sec. 6-7.703 Sewer revenue charge rates
Sec. 6-7.704 Industrial wastewater permit fees
Sec. 6-7.705 Industrial wastewater non-compliance fees
Sec. 6-7.706 Capital capacity reimbursement account (CCRA) fee Sec. 6-7.707 Sanitary sewer installation policy and the setting of sewer connection fees (Repealed) Sec. 6-7.708 Interagency wastewater connection requirements and agreement 434
Sec. 6-7.709 Discrepancies between actual and reported wastewater strength and flow Article 1. General Provisions
Sec. 6-7.101. Authorization.
This chapter is enacted pursuant to authority conferred by law including, but not limited to, Cal. Health & Safety Code, §§ 5400 to 5474, Cal. Gov't Code, §§ 54725 to 54740, and 66000 to 66003, Cal. Code of Regulations, Title 22, the Federal Clean Water Act, 33 U.S.C. 1251, et seq., the Code of Federal Regulations, the Porter Cologne Act, the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901, et seq. and the National Pollutant Discharge Elimination System Permits issued by the Regional Water Quality Control Board, Santa Ana Region, to the Inland Empire Utilities Agency (IEUA).
(§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.102. Purpose and objectives.
(a) This chapter sets forth uniform requirements for users that directly or indirectly connect to the City of Ontario's sewerage system and IEUA's regional sewage system, and enables the City to comply with all applicable state and federal laws, including the Clean Water Act of 1977, the General Pretreatment Regulations set forth at 40 Code of Federal Regulations (CFR), Part 403, the National Pretreatment Standards set forth at 40 CFR Chapter I, Subchapter N, Parts 405- 499, the California Water Code, and subsequent amendments to each. (b) It is the intent of this chapter to recognize that the Inland Empire Utilities Agency with its approved pretreatment program is designated as the control authority over wastewater discharges within its service area including the City of Ontario, and holder of the National Pollutant Discharge Elimination System (NPDES) permit. As such, the City of Ontario is committed to administering and enforcing pretreatment regulations and ensuring consistency in the implementation of the pretreatment requirements under the review of the Inland Empire Utilities Agency. (c) The primary objectives of this chapter are:
(1) To prevent the introduction of pollutants into the City of Ontario sewerage system, which would otherwise interfere with the operation and maintenance of the collection system or with the wastewater pretreatment facilities or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the City of Ontario's sewerage collection and IEUA's regional sewage system which would otherwise pass-through said system inadequately treated, into receiving waters or the atmosphere, or otherwise be incompatible with the system;
(3) To protect the health of the public and the City of Ontario and IEUA operations and maintenance personnel; (4) To improve the opportunity to recycle and reclaim wastewaters and biosolids from the sewerage system; and (5) To provide for the equitable distribution of the cost of the sewerage system, pretreatment programs, and all related services through the establishment of fair and equitable fees and charges. (d) This chapter provides for the regulation of direct and indirect contributors to the City of Ontario's sewerage system through the issuance of individual wastewater discharge permits or discharge authorizations to certain non-domestic sewer users, in order to regulate the quantity and quality of wastewater discharges, imposes pretreatment requirements, authorizes monitoring and enforcement activities; requires user reporting; assumes that existing customers' capacity will not be preempted, and provides for the setting of fees by the City of Ontario for the equitable distribution of costs resulting from the program established herein.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord 3190, eff. October 7, 2021) Sec. 6-7.103. Administration.
Except as otherwise provided in this chapter, the Administrator shall administer, implement, direct and cause enforcement of the provisions of this chapter. Whenever any power is granted to or a duty is imposed upon the Administrator, the power may be exercised or the duty may be performed by a user authorized by the Administrator. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.104. Applicability.
This chapter shall apply to all users of the City's sewerage facilities within the City, and to users outside the City who are, by permit, contract, or agreement with the City, users of the City's sewerage facilities. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.105. Regional pretreatment agreement.
The City of Ontario adopted an agreement known as the Regional Pretreatment Agreement, entered into by and among IEUA, the City of Ontario and the cities of Chino, Chino Hills, Fontana, Montclair, Upland, and the Cucamonga County Water District. Said agreement is hereby adopted and incorporated by reference as if fully set forth herein. Copies of the said 435
agreement are on file with the City Clerk of the City of Ontario. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec 6-7.106. Ordinance definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of definitions set forth in federal or state law or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neutral. (a) "Administrator" or "City Manager" means the chief administrative officer of the City of Ontario or their authorized designee.
(b) "Approval Authority" means the California Regional Water Quality Control Board, Santa Ana Region. (c) "Authorized industrial representative" means:
(1) If the user is a corporation:
(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar or decision-making functions for the corporation; or (ii) The manager of one (1) or more manufacturing, production, or operation facilities, provided, the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) A general partner or proprietor if the user is a partnership or sole proprietorship respectively; or (3) If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee; or (4) A duly authorized representative of the individual designated in §6-7.106(c)(1), (c)(2), or (c)(3) above, if (i) The authorization is made in writing by the individual described in §6-7.106(c)(1), (c)(2), or (c)(3) above; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company;
(iii) The written authorization is submitted to the Administrator; and (5) If the authorization under § 6-7.106(c)(4) above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of (4) above must be submitted to the Administrator prior to or together with any reports to be signed by an authorized representative. (d) "Best Management Practices (BMP)" are defined at Title 40 Code of Federal Regulations 403.3(e) as schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the general and specific prohibitions listed in 40 CFR 403.5(a)(1) and (b). BMPs also include pretreatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
(e) "Biosolids" means the non-hazardous and recyclable organic matter resulting from the treatment of wastewater. (f) "Biochemical oxygen demand (BOD)" means a test method which measures the organic strength of the wastewater.
The BOD test measures the amount of oxygen consumed by the microorganisms in the wastewater as they stabilize decomposable organic matter under aerobic conditions. The BOD test is a five (5) day test where the wastewater is kept at twenty degrees centigrade (20°C) and the results are expressed in milligrams per liter (mg/L). (g) "Brine" means wastewater saturated with or containing large amounts of salt, especially of sodium chloride. (h) "Business" means an industrial or commercial enterprise. (i) "Bypass" means the intentional diversion of wastestreams from any portion of a user's pretreatment facility. (j) "Capital capacity reimbursement account fee" or "CCRA fee" are capacity charges within the meaning of Cal. Gov't Code § 66013.
(k) "Capital facilities fee" means the prevailing unit cost per EDU fee, based on the EDU value as established in this chapter, and adjacent sewer line size.
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(l) "Categorical industrial user (CIU)" means any industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N. For this purpose, a user is deemed to be a CIU when it meets the applicability requirements for a specific category and is subject to pretreatment standards for existing sources or pretreatment standards for new sources.
(m) "Categorical pretreatment standard" or "National Categorical Pretreatment Standard" or "Federal Categorical Pretreatment Standards" or "categorical standards" or "pretreatment standards" refers to any regulation containing pollutant discharge limit promulgated by EPA in accordance with Sections 307(b), (c) and (d) of the Clean Water Act (33 U.S.C. 1317), which applies to a specific category of industrial users, and which appears in 40 CFR Chapter I, Subchapter N, Parts 403-471. This term includes prohibitive discharge limit established pursuant to 40 CFR 403.5 and any local limits. (n) "Clean Water Act " or "Act" or "the Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq., and the regulations adopted thereto. The Clean Water Act is the primary federal law that protects our nation's waters, including lakes, rivers, aquifers and coastal areas. (o) "Clean Water Enforcement and Pollution Prevention Act of 1999" means the California law which authorizes regional, state boards and POTWs to require mandatory penalties and implementation of pollution prevention plans for various types of effluent violations.
(p) "Code of Federal Regulations (CFR)" means a publication of the United States Government that contains all of the proposed and finalized federal regulations, including environmental regulations. (q) "Collection system" means the combined pipes, conduits, manholes, and other structures, usually underground, whose purpose is to convey sanitary wastewater.
(r) "Community sewer system" means all facilities owned, controlled or operated by an IEUA contracting agency for the purpose of collecting and conducting sewage to a delivery point, including collector sewers conducting sewage from the originating premises, trunk sewers conveying sewer from tributary collector sewers or other trunk sewers and any facilities appurtenant to the foregoing.
(s) "Compatible pollutants" means those pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and ammonia that are normally removed by the POTW treatment processes. (t) "Compliance schedule" means the time period allowed by the City for a user to comply with permit conditions or discharge requirements.
(u) "Composite sample" means a collection of individual samples taken on a time or flow interval basis, and usually combined to give an average representative sample for the sample period. (v) "Constituent" means any chemical element, compound, or mixture that is either suspended or dissolved in the wastewater stream.
(w) "Contracting agency" means any sewerage collection agency located, in whole or in part, within the boundaries of the IEUA which has entered into a service contract with the IEUA. (x) "Control authority" means IEUA or the City of Ontario acting on behalf of IEUA. (y) "Conventional pollutants" means those pollutants which are usually found in domestic, commercial, or industrial wastewaters such as biochemical oxygen demand, suspended solids, pathogenic organisms, pH, and oil & grease. (z) "Daily discharges" means the amount of discharge measured during a calendar day. (aa) "Daily maximum" means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day.
Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day. (bb) "Dilution" means increasing the use of process water, or otherwise attempting to decrease the concentration of pollutants in a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or pretreatment requirement.
(cc) "Discharge" means sewerage or wastewater which is released into or allowed to enter the public sewerage system. (dd) "Discharge limit" means the maximum concentration levels at which specific pollutants are allowed to be discharged. (ee) "Discharge permit" means formal authorization by the City, stipulating the conditions under which a user's wastewater may be released to the City's sewerage system. (ff) "Disposal facility" or "disposal facilities" means any site where hazardous waste is intentionally placed and at which the waste will remain after closure.
(gg) "Domestic wastewater" means the liquid and solid waste derived from the ordinary living processes of humans, free from industrial wastewater, and of such character as to permit satisfactory treatment and disposal by conventional sewerage treatment processes.
(hh) "ELAP" means Environmental Laboratory Accreditation Program. 437
(ii) "Environmental Protection Agency (EPA)" means the federal agency charged by law with carrying out and obtaining compliance with the Clean Water Act of 1977 and other federal environmental laws and promulgating, interpreting and enforcing regulations implementing such statutes.
(jj) "Equivalent dwelling unit (EDU)" represents the wastewater flow from a single-family residential household as defined in the regional contract.
(kk) "Existing source" means an industrial discharger that was in construction or operation prior to the EPA proposing pretreatment standards for the industrial category. The pretreatment standards will be applicable to such source if the category is thereafter promulgated in accordance with Section 307 of the Act. (ll) "Fee" means any charge made to the user for the use of the sewerage system and shall include, but not be limited to, capital facilities fee, CCRA fees, sewer assessment fee, connection and frontage fee, industrial wastewater permit fee, sampling fee, inspection fee, noncompliance fee, oversize sewer fee, monthly sewer service charge, regional sewer capacity fees, and other user fees.
(mm) "Frontage fee" means the actual costs incurred by the City for connecting a property to the sewer system which is reimbursable by the property owner. The frontage fee is based on the sewer main size, as established in § 6-7.707, multiplied by the length, in feet, of the sewer frontage of a lot or parcel. (nn) "General Plan" means the City of Ontario's comprehensive policy document that informs future land use decisions. It establishes land use designations and policies that identify a range of zoning options that can be applied to property. (oo) "Grab sample" means a single sample collected at a particular time and place which represents the wastestream at that time and place only, and which does not exceed a fifteen (15)-minute duration. (pp) "Hazardous substance" means any substance designated under 40 CFR Part 116 pursuant to § 311 of the Act. (qq) "Hazardous waste" shall be as defined in 40 CFR Part 261.3 or Title 22, Cal. Code of Regulations. (rr) "Hydrolysis" means the reduction of the body of a deceased person or animal to its essential organic components and bone fragments by using heat or heat and applied pressure, water, and potassium hydroxide or sodium hydroxide either before or after processing of the remains after removal from the hydrolysis chamber. (ss) "Industrial user (IU)" means any user, business, or facility that discharges or causes a discharge of non-domestic waste directly or indirectly into the City sewerage system. (tt) "Industrial wastewater" or "industrial waste" means any waste or substance spilled, discharged, flowing, or allowed to escape from any producing, manufacturing, processing, chemical, waste or materials storage area, institutional, governmental, or agricultural operation or from any other operation, or from the development, recovery or processing of any material resource. Industrial wastewater includes but is not limited to waste and/or wastewater resulting from equipment maintenance and cleaning, product coating, coloring, painting, plating, treating, degreasing or cleaning, heating and cooling systems, and water treatment devices. Industrial wastewater does not include domestic wastewater and unpolluted water as defined in this chapter. Any wastewater that is hauled by truck, rail or other means, and discharged into the sewerage system, shall be considered industrial wastewater, regardless of the original source. (uu) "Inland Empire Utilities Agency (IEUA)" shall be defined as the regional sewer treatment agency. IEUA as the control authority is also responsible for jointly administering the provisions of this chapter. (vv) "Interceptor" means a treatment system designed, constructed and operated for the purpose of removing and retaining sand, oil, and grease from wastewater by differential gravity separation before discharge to the sewerage system.
This term shall include both oil and grease interceptors and sand and oil interceptors. (ww) "Interference" means a discharge that alone or in conjunction with a discharge or discharges from other sources:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Is a cause or threatens to cause, a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewerage sludge use or disposal in compliance with the following statutory provisions and ordinance or permits issued hereinafter (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) [including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of SWDA], the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. (xx) "Industrial wastewater discharge" or "discharge authorization" or "non-domestic wastewater" means the permitted discharges from an industrial or commercial source.
(yy) "Local limit" means specific discharge limit developed and enforced by the City and IEUA upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). (zz) "Lower explosive limit" means the point where the concentration of a gas-in-air is sufficiently large to result in an explosion if an ignition source (sufficient ignition energy) is present. (aaa) "Mass emission rate" or "mass limit" means the weight of material discharged to the sewerage system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent 438
or combination of constituents.
(bbb) "May" is permissive.
(ccc) "Milligrams per liter (mg/L)" means one (1) milligram of a pollutant in one (1) liter of water or wastewater and can also be expressed as parts per million.
(ddd) "Monitoring facility" means any structure approved by the Administrator to provide a convenient access point for monitoring the quantity and quality of a user's wastewater. (eee) "Monthly average" means the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.
(fff) "Municipal Code" means laws that are enacted and enforced by the City of Ontario. (ggg) "National Pollutant Discharge Elimination System (NPDES) Permit" means a permit issued by state or federal agencies pursuant to § 402 of Act (33 U.S.C. 1432).
(hhh) "New source" means:
(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Act which will be applicable to such source if such pretreatment standards are thereafter promulgated in accordance with that section, provided that:
(i) The building, structure, facility or installation is constructed at a site at which no other source is located; (ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of paragraphs (1)(ii) or (1)(iii) above, but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(i) Begun, or caused to begin as part of a continuous onsite construction program:
(A) Any placement, assembly, or installation of facilities or equipment; or (B) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.
(iii) "Non-compatible pollutants" means those pollutants that are not removed by the sewage treatment plant or compatible pollutants in excessive quantities or concentrations. These pollutants may be toxic and cause waste to passthrough or interfere with sewage treatment systems. (jjj) "Occupant" means the tenant, renter or lessee of property who is the recipient of other utility services provided by the City and is responsible by utility application, agreement or by other means for the payment of said utility services. (kkk) "Owner" means the legal person or business who owns the parcel of real property, except when the legal person or business or said real property is such due to the holding of a mortgage, note or other such security, in which case the "owner" shall be deemed to be a beneficiary of said parcel of real property. (lll) "Pass-through" means a discharge that passes through the POTW to the waters of the state in concentrations which, alone or in conjunction with other discharges, cause an NPDES permit violation, including an increase in the magnitude or duration of the violation.
(mmm) "Permittee" means a user, business, or company who has received a permit to discharge wastewater into the City sewerage system subject to the requirements and conditions established by the City. (nnn) "pH" means a measure of the acidity or alkalinity of a solution, expressed in standard units. (ooo) "Pollutant" means any substance which contributes to or causes the impairment of the beneficial recycling of water or sludge. Pollutants include but are not limited to: dredged spoil, solid waste, incinerator residue, filter backwash, sewerage, garbage, sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, and agricultural waste, and certain 439
characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, COD, BOD, toxicity, or odor). (ppp) "Pollution" means the man-made or man-induced degradation of the chemical, physical, biological, and/or radiological integrity of water.
(qqq) "Pretreatment" or "treatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants to a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means except as prohibited by 40 CFR 403.6(d). (rrr) "Pretreatment facility" or "pretreatment facilities" means an industrial wastewater regional treatment plant consisting of one (1) or more treatment devices designed to remove sufficient pollutants from wastewaters to allow a user to comply with EPA, state or local effluent limitations for legal discharge to a POTW. (sss) "Pretreatment program" means a program required by the IEUA NPDES permit to remove some pollutants from non-domestic wastewater before it is discharged into the sewer system. (ttt) "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(uuu) "Process wastewater" means any wastewater contaminated by human activities including but not limited to that originating from manufacturing, agriculture, processing, rinsing, washing or producing. (vvv) "Public agency" means the State of California or any city, county, district, other local authority or public body within the State of California.
(www) "Public sewer system," "public sewer," "sewerage system," or "regional sewerage system" means any sewerage facility which is located in and maintained by the City or IEUA. The public sewer does not include the non-reclaimable waste system.
(xxx) "Publicly owned treatment works (POTW)" means all sewerage facilities used for collecting, conveying, pumping, treating, and disposing of sewerage, whether these facilities are operated and maintained by the City or IEUA. (yyy) "Regional sewer capacity fees" means capacity charges within meaning of Cal. Gov't Code § 66013. (zzz) "Regional sewerage service contract" or "regional contract" means the agreement between IEUA and the public agencies in the Chino Basin area, to provide for the acquisition, improvement, and expansion of regional sewerage facilities for collecting, conveying, pumping, treating, and disposing of sewerage from each of the public agencies in the IEUA service area.
(aaaa) "Regional treatment plant" means the regional water recycling plant operated by IEUA as part of the regional sewerage system.
(bbbb) "Regulatory agencies" means any or all agencies regulating the City, including, but not limited to, the Environmental Protection Agency, the State Water Resources Control Board, the Regional Water Quality Control Board and the IEUA.
(cccc) "Resource Conservation and Recovery Act (RCRA)" means a federal act that regulates the generation, storage, transportation and disposal of federally defined hazardous wastes from "cradle to grave". (dddd) "Self-regenerating water softening appliance" means a water softening device located within, or adjacent to, a user located within the IEUA service area and which discharges to a community sewer system that is tributary to the regional sewerage system owned and operated by IEUA, whereby the capability of the appliance to remove hardness from water is renewed by the on-site application of a brine to the active softening or conditioning material contained therein, followed by a subsequent rinsing of the active softening or conditioning material. (eeee) "Serious violation" means any waste discharge that exceeds the effluent limitations for a Group II Pollutant, as specified in Appendix A to 40 CFR 123.45, by twenty percent (20%) or more or for a Group I Pollutant, as specified in Appendix Z to 40 CFR 123.45, by forty percent (40%) or more. (ffff) "Sewage" means the individual or community wastewater derived from residential, agricultural, commercial, or industrial sources.
(gggg) "Sewer" means a conduit for removing waste matter and drainage water through mains and laterals within the public right-of-way or recorded utility easement, including appurtenances such as manholes and clean-outs. (hhhh) "Sewer factor" means a value used to calculate the sewer assessment fee based on the levels of BOD and TSS in a user's wastewater, and the estimated volume of the wastewater. If unknown, the volume of the wastewater may be estimated using the number of fixtures in the proposed building. (iiii) "Sewer service charge" means a fee applied to metered water use to obtain money for constructing and maintaining sewers and regional treatment plants, and for treating sewage which is discharged into the sewer system. (jjjj) "Sewerage facility" or "sewerage facilities" means any and all facilities used for collecting, conveying, pumping, treating, and disposing of sewage.
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(kkkk) "Shall" is mandatory.
(llll) "Significant industrial user (SIU)" means:
(1) All industrial users subject to categorical pretreatment standards covered under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and
(2) Any other industrial user that: Discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW regional treatment plant; or is designated as such by the Administrator on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or pretreatment requirement (in accordance with 40 CFR 403.8(f)(6)).
(mmmm) "Significant non-compliance" means a significant industrial user (or any industrial user which violates paragraphs (3), (4) or (8) below) is in significant non-compliance if its violation meets one (1) or more of the following criteria:
(1) Chronic violations of wastewater discharge limit, defined here as those in which sixty-six percent (66%) or more of all measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or pretreatment requirement, including instantaneous limits. (2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or pretreatment requirement including instantaneous limits, multiplied by the applicable TRC; (3) Any other discharge violation of a pretreatment standard or pretreatment requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused endangerment to the human health, welfare or to the environment or has resulted in the Administrator's exercise of emergency authority to halt or prevent such a discharge; (5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation of best management practices, which the Administrator or IEUA determines will adversely affect the operation or implementation of the local pretreatment program. (nnnn) "Single-family residential" means all developed parcels with one (1) single-family detached housing unit, and/or any residential unit that is served water by an individual water meter. (oooo) "Sludge" means any solid, semi-solid or liquid decant, substrate from any utility service, or pretreatment facility. (pppp) "Slug load" or "slug discharge" is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or passthrough, or in any other way violate the POTW's regulations, local limits or NPDES permit conditions. (qqqq) "Spill containment" means a City approved protection system installed by the user to prevent the discharge of non-compatible pollutants into the sewer system.
(rrrr) "State Water Resources Control Board" means the California Water Pollution Control Agency with overall pretreatment responsibility through delegation agreements with the EPA. (ssss) "Technical review criteria (TRC)" is an EPA term that defines the magnitude of a discharge limit violation. To determine whether the TRC limit has been exceeded, one must multiply the daily maximum or average limit by the applicable federal value of 1.4 for conventional pollutants (BOD, TSS, fats, oils & greases) or 1.2 for all other pollutants except pH.
(tttt) "Total suspended solids (TSS)" means the total matter that is suspended in water or wastewater and is expressed in milligrams per liter (mg/L).
(uuuu) "Total toxic organics (TTO)" means the sum of all toxic organic compounds present in an industrial user's process discharge at concentrations greater than 0.01 mg/L and listed under 40 CFR Chapter I, Subchapter N. (vvvv) "Toxic organics management plan (TOMP)" or "solvent management plan (SMP)" means an organized strategy for keeping track of all solvents delivered to a site, their storage, generation, use, and disposal. A TOMP or SMP addresses both the prevention of toxic organics discharge to the sewerage system or the environment and the control of spills and leaks. It also ensures against the deliberate dumping of solvents. 441
(wwww) "Toxic pollutant" means those pollutants or combinations of pollutants, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis information available to the administration of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunction (including malfunctions in reproduction) or physical deformations, in such organism or their offspring. (xxxx) "Unpolluted water" means water to which no pollutant has been added either intentionally or accidentally. (yyyy) "Upset" means an exceptional incident in which there is unintentional and temporary non-compliance with discharge limit as specified on the user's permit because of factors beyond the reasonable control of the user. An "upset" does not include non-compliance to the extent caused by operational error, improperly designed pretreatment facilities, inadequate treatment devices, lack of preventative maintenance or careless or improper operation. (zzzz) "User" or "discharger" means any person, industry or establishment which discharges or causes to be discharged any wastewater directly or indirectly to the sewer system and shall also mean an owner or occupant whether private, governmental, or otherwise of a unit, building, premise or lot in the City. (aaaaa) "Volatile" means natural (plant or animal origin) or synthetic substances that are capable of being evaporated or changed to a vapor at relatively low temperatures.
(bbbbb) "Waste manifest" means the receipt which is retained by the generator of hazardous wastes as required by the state and/or the federal government pursuant to RCRA or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or non-hazardous wastes as required by the City. (ccccc) "Waste hauler" means any user carrying on or engaging in vehicular transport of waste. (ddddd) "Wastewater" or "waste" means any discarded substance in any form (liquid, semi-solid, solid or gaseous) that has the potential of being disposed of or entering the sewer. (eeeee) "Wastewater factor (WF)" means a value used to calculate the monthly sewer service charge based on the levels of BOD and TSS in a user's wastewater, and the estimated volume of the wastewater. The volume of the wastewater is estimated from the user's waste consumption using a fixed percentage. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 11, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)
Sec 6-7.107. Permit definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in permits issued under this chapter, shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of definitions set forth in federal or state law or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neutral.
(a) "Batch process" means a treatment process in which a tank or vessel is filled, the wastewater (or solution) is treated or checked to ensure that discharge standards are met, and is then released to the sewerage system. A batch process is intermittent, not continuous.
(b) "Flammable liquid" means a liquid which by itself, or any component of it present in greater than one percent (1%) concentration, has a flashpoint below one hundred degrees Fahrenheit (100°F) or thirty-eight degrees Centigrade (38°C). (c) "Hazardous materials management plan" means a document prepared by an industry which contains copies of safety data sheets (SDS) as well as additional information regarding the storage, handling, and disposal of all chemicals used on site by the industry.
(d) "Indirect discharge" means the release or introduction of pollutants into the City's sewerage system from any nondomestic source regulated under § 307(b), (c) or (d) of the Act, which may include septage. These discharges are subject to the City's Municipal Code.
(e) "Industrial cost recovery (ICR)" means a charge to all users of the sewerage system equal to the portion of the federal grant used for the construction of the regional sewage treatment plant allocable to industrial users. (f) "Inspector" means a person authorized by the Administrator to inspect any development or facility that is discharging or has the potential to discharge wastewater into the sewerage system. (g) "Instantaneous maximum allowable discharge limit" means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. (h) "Maximum extent practicable (MEP)" means taking into account equitable considerations of synergistic, additive, and competing factors, including but not limited to, gravity of the problem, fiscal feasibility, public health risks, societal concern, and social benefits.
(i) "Non-contact cooling water" means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product. 442
(j) "Nonintegrated facility" means industrial sources that generate wastewaters from different categorical and noncategorical (ancillary) processes, but do not combine the wastestreams prior to pretreatment or discharge to the sanitary system.
(k) "Non-reclaimable wastewater system (NRWS)" means a sewerage line that is owned and operated by IEUA primarily for the disposal of non-reclaimable wastewater (brine). (l) "Prohibition and discharge limits" means absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 6-7.201 of this chapter.
(m) "Safety data sheets (SDS)" formerly known as material safety data sheets means a document normally developed by a chemical manufacturer or formulator, which provides pertinent information about a chemical substance or mixture. The SDS is required to be available to employees and inspectors when a chemical substance is used or found in the workplace. (n) "Sewer service connection fee" means a sewer fee consisting of a frontage fee, a capital facilities fee, one-time assessment fee, or a combination thereof.
(o) "Single pass non-contact cooling water" means water that has no direct contact with any raw material or product, and which is used only once for the purpose of cooling, and then is discarded or discharged. (p) "Single pass non-contact heating water" means water that has no direct contact with any raw material or product, and which is used only once for the purpose of heating, and then is discarded or discharged. (§ 2, Ord. 3190, eff. October 7, 2021)
Sec 6-7.108. Protection from damage.
No person shall maliciously, willfully, or negligently break, damage, destroy, impair the usefulness, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the community sewer system. (§ 2, Ord. 3190, eff. October 7, 2021)
Sec 6-7.109. Falsifying information.
No person shall knowingly make false statements, representation, or certification in any application, record, report, plan, or other document provided to the City or required to be maintained pursuant to this chapter, or falsify, tamper with, or knowingly render any monitoring device or method required under this chapter. The reports and other documents required to be submitted or maintained by this chapter shall be subject to the provisions of 18 U.S.C. Section 1001 relating to fraud and false statements, Section 309(c)(4) of the Act, as amended, governing false statements, representation or certification and Section 309(c)(6) of the Act regarding authorized industrial representatives. (§ 2, Ord. 3190, eff. October 7, 2021)
Article 2. Prohibition and Discharge Limits
Sec. 6-7.201. Prohibited discharges.
(a) General prohibitions. No user shall introduce or cause to be introduced into the sewerage system or POTW: any pollutant(s) or wastewater which causes pass-through or interference. These general prohibitions and the specific prohibitions listed below in paragraph (b) of this section apply to each user introducing pollutants into the sewerage system and the POTW whether or not the user is subject to other National Categorical Pretreatment Standards or any national, state, or local pretreatment requirements.
(b) Specific prohibitions. No user shall introduce or cause to be introduced into the sewerage system or POTW the following pollutants, substances, or wastewater:
(1) Fuels, gasoline, kerosene, naphtha, aromatics, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, esters, cyclic hydrocarbons, olefins, paraffin hydrocarbons, solvents, or any other liquid, solid or gas which causes or is capable of causing, either alone or by interaction with other substances, a fire or explosive hazard, impairment of the effective maintenance or operation of the POTW, or in any other way, may cause danger to the life or safety of any user, damage to private properties or the sewerage facilities in the City of Ontario or the POTW. Prohibited materials include, but are not limited to, any wastestream with a closed-cup flash-point of less than one hundred forty degrees Fahrenheit (140°F) or sixty degrees Centigrade (60°C) using the test methods specified in 40 CFR 261.21; by Federal Regulation 40 CFR 403.5 (b)(1);
(2) Any discharge which, alone or in combination with other wastes, results or may result in the presence of toxic gases, vapors or fumes within the City of Ontario sewerage system or the POTW in quantities that cause or may cause acute worker health and safety problems;
(3) Any discharge containing toxic or poisonous solids, liquids, or gases in such quantities that alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere with any wastewater treatment process, cause a public nuisance, or cause any hazardous condition to occur in the sewerage system.
Toxic pollutants shall include, but are not limited to, any pollutant identified pursuant to § 307(a) of the Act; (4) Any amount of a hazardous substance or toxic pollutant; 443
(5) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(6) Any substance or matter which will cause corrosive damage to any structures, equipment, or other physical facilities of the wastewater collection system or pretreatment facility, but in no case discharges with a pH of less than 5.0 or greater than 12.5 units;
(7) Pollutants or wastewater that would cause a violation of any statute or rule, regulation, or ordinance of any public agency or regulatory agency having jurisdiction over the discharge of wastewater from the City of Ontario's sewerage system;
(8) Pollutants that interfere with the effluent or any other treatment process, residues, sludges or scums; or cause biosolids to be unsuitable for beneficial reuse, reclamation or disposal; (9) Any solid or viscous substance or other matter of such quality, size, or quantity which could cause obstruction to the flow in the sewer or be detrimental to regional treatment plant operations. These materials include any solid greater than three-eighths (3/8) inches in any dimension, including, but not limited to, animal guts or tissues, ashes, asphalt, bones, cinders, concrete, dead animals, earth, entrails, fatty acids, feathers, gas tar, glass, glass-grinding, gravel, grass clippings, grease and oil, hair, hides or fleshing, industrial process shavings, lubricating oil, metal filings, metal, milk cartons or other similar paper products either whole or ground or garbage which does not pass through a three-eighths (3/8) inch screen, mud, offal, paunch manure, paper cups, paper dishes, polishing wastes, plaster, plastics, rags, residues from refining or processing of fuel, sand, shavings, sharps, spent grains, spent hops, spent lime, stone or marble dust, straw, tar, waste paper, whole blood, diatomaceous earth, and wood.
(10) Petroleum oil, non-biodegradable cutting oil, refined petroleum products, dispersed biodegradable oils, fats and greases, such as lard, tallow, vegetable oil, or products of mineral oil origin, in amounts that will cause interference or passthrough, obstruct flows within the collection system, or contributes to or causes a sanitary sewer overflow; (11) Wastewater having a temperature that will inhibit biological activity at the POTW, resulting in interference, but in no case wastewater that causes the temperature at the introduction of the POTW to exceed one hundred four degrees Fahrenheit (104°F) (forty degrees Centigrade (40°C)) unless the approval authority, upon request of the POTW, approves alternate temperature limits;
(12) Pollutants, including oxygen-demanding pollutants (BOD) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; (13) Pollutants that cause discoloration, pass-through, interference, or any other condition which affects the quality of the POTW effluent in such a manner that receiving water quality requirements established by regulatory agencies or discharge authorization;
(14) Any quantity of pesticides, polychlorinated biphenyls, herbicides, algaecides, or fertilizers which causes an interference, an upset, or a pass-through at the POTW;
(15) Any drainage from a vehicle radiator;
(16) Any recognizable portions of the human or animal anatomy; (17) Any wastes which cause excessive incrustations, scale, or precipitates on sewer walls; or having any detrimental characteristics that may cause damage to the City of Ontario's sewerage system or injury to service and maintenance personnel;
(18) Any strongly odorous waste or waste tending to create odors; (19) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard, or to prevent entry into the sewers for maintenance or repair; (20) Any infectious waste except where prior written approval for such discharges is given by the Administrator. Such waste shall be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements; (21) Any waste containing substances that may precipitate, solidify, gel, polymerize, or become viscous at temperatures between forty degrees Fahrenheit (40°F)and one hundred degrees Fahrenheit (100°F); (22) Any waste generated outside the City of Ontario unless otherwise approved by the Administrator. (23) Any excessive amounts of deionized water, steam condensate, distilled water, or single pass cooling water; (24) Any trucked or hauled pollutants, except at discharge points designated by the Administrator; (25) Sludges, screenings, or other residues from the pretreatment of industrial wastes; (26) Any emulsifying agent which suspends or emulsified fat, grease or oil and is specifically used to prevent oil and grease buildup in any gravity separation device or interior plumbing; (27) Any wastewater that causes alone, or in conjunction with other sources, the local POTW's effluent to fail a toxicity test;
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(28) Any detergents, surface-active agents (surfactants), or other substances that causes excessive foaming in the sewer collection system or at the POTW;
(29) Any wastewater containing excessive quantities of bromide causing, alone or in conjunction with other sources, the regional treatment plant's effluent to violate the NPDES permit for chloro-dibromomethane or dichloro-bromomethane; (30) Any wastewater containing excessive quantities of 2,3,7,8-TCDD (Dioxin); (31) Hydrolysate;
(32) Unused, unwanted, or expired pharmaceuticals (both over the counter and prescription- only medications), except in accordance with federal and state regulations, or in the absence of such regulations, using best management practices; (33) Any septic waste originating from chemical toilets; (34) Any quantity of wastewater flow in excess of permitted limits or purchased capacity; (35) Any wastewater containing excessive quantities of 1,2,3 trichloropropane; and (36) Pollutants, substances, or wastewater prohibited by § 6-7.201 shall not be processed or stored in such a manner that they could be discharged to the sewerage system.
(c) When specific limits must be developed by the City or POTW:
(1) The Administrator developing a pretreatment program pursuant to 40 CFR 403.8 shall develop and enforce specific limits to implement the prohibitions listed in paragraphs (a) and (b) of this section. The Administrator shall continue to develop these limits as necessary and effectively enforce such limits. (2) Where pollutants contributed by user(s) result in interference or pass-through, and such violation is likely to recur, the Administrator shall develop and enforce specific effluent limits for industrial user(s), and all other users, as appropriate, which, together with appropriate changes in the POTW regional treatment plant's facilities or operation, are necessary to ensure renewed and continued compliance with the POTW's NPDES permit or sludge use or disposal practices. (3) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.
(4) The Administrator, or IEUA may develop best management practices (BMPs) to implement paragraphs (c)(1) and (c)(2) of this section. Such BMPs shall be considered local limits and pretreatment standards for the purposes of this part and Section 307(d) of the Act.
(d) Where specific prohibitions or limits on pollutants or pollutant parameters are developed by either the Administrator or IEUA in accordance with paragraph (b) above, such limits shall be deemed pretreatment standards for the purposes of Section 307(d) of the Act.
(e) The Administrator shall develop, apply, and enforce specific limits or best management practice requirements as necessary to implement the prohibitions listed in § 6-7.201 and to comply with sewage quality standards that are imposed on it by the local POTW. Where specific prohibitions or best management practices are developed by the Administrator, such limits shall be deemed and enforceable as pretreatment standards. (f) EPA enforcement actions under Section 309(f) of the Clean Water Act. (1) If, within thirty (30) days after notice of an interference or pass through violation has been sent by EPA to the POTW, and to persons or groups who have requested such notice, the POTW fails to commence appropriate enforcement action to correct the violation, EPA may take appropriate enforcement action under the authority provided in Section 309(f) of the Clean Water Act.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 3, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.202. Rainwater or unpolluted water.
It in unlawful for any user to discharge or cause to be discharged to the sewerage system any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, yard fountains, ponds or lawn sprays, or any other unpolluted water. Any discharges from swimming pools, wading pools, or therapy pools in which chlorine may be present, may be permitted by the Administrator to discharge to the sewerage system. If permission is granted for the discharge of such water into the sewerage system, the user shall provide for restricted flow and pay any applicable fees. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.203. Radioactive wastes.
It is unlawful for a user to discharge, or cause to be discharged, any radioactive waste into the sewerage system except:
(a) When the user is authorized to use radioactive materials by the State Department of Health Services or other governmental agency empowered to regulate the use of radioactive materials; (b) When the radioactive waste is discharged in strict conformity with current California Radiation Control Regulations as 445
set forth in Title 17 of the Cal. Code of Regulations;
(c) When the user is in compliance with all rules and regulations of all other applicable regulatory agencies; and (d) When an industrial wastewater permit has been obtained from the City. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.204. Garbage grinders.
(a) The installation of any garbage grinder with a motor of one and one-half (1½) horsepower or greater shall be subject to the review and approval of the Administrator. Such grinders must shred the waste to a degree that all particles are carried freely under normal flow conditions prevailing in the sewerage system or pass through a three-eighth (3/8) inch screen. (b) Matter from garbage grinders shall not be discharged into a public sewer except matter that is generated in preparation of food normally consumed on the premises, or where the permittee has obtained a permit for a specific use from the Administrator, and agrees to undertake whatever wastewater treatment and self-monitoring is required. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.205. Hauled wastes.
No user shall discharge wastewater delivered by vehicular transport, rail car, or dedicated pipeline directly or indirectly to the sewerage system except where authorized by the Administrator. Discharge of chemical toilet wastes from airplanes and mobile recreation units into the sewer shall be permitted only at locations specified by the Administrator. Discharge of hauled wastes from septic tanks or cesspools, or any source other than chemical toilet wastes, directly or indirectly into the sewerage system, shall be prohibited. Users seeking a domestic waste hauler permit shall complete and file an application with the IEUA.
(§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.206. Water treatment devices.
The installation, replacement, or enlargement of any self-regenerating water softening appliance which discharges into the community sewer system that is tributary to the regional sewerage system is not permitted. This section shall not apply to any portable exchange water softener of the type that is regenerated off-site at a lawfully regulated location. The Inland Empire Utilities Agency may make available to residential owner of (operational) self-regenerating water softeners a voluntary rebate program to compensate them for the reasonable value for removal and disposal of the self-regenerating water softening appliance.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.207. Medical wastes.
(a) No user shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the Administrator.
(b) The City shall have the authority to require that any discharge of an infectious waste to the sewer be rendered noninfectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.208. Spent solutions and sludges.
Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this chapter, or any permit issued under this chapter must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the City or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three (3) years, and made available to the City upon request.
(§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.209. Dilution.
(a) Except where authorized to do so by an applicable pretreatment standard or pretreatment requirement, it is unlawful for any user to increase the use of process water or dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement. Whenever dilution is authorized, the Administrator may impose mass limits on the user.
(b) When a wastestream regulated by a categorical standard is combined prior to treatment with other wastestreams, either regulated or non-regulated, the Administrator shall apply a combined wastestream formula to calculate an alternate discharge limit.
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(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.210. Bypass.
(a) Bypass is prohibited unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (3) The user submitted notices as required under subsection (b) of this section. (b) If a user knows in advance of the need for a bypass, the user shall submit prior notice to the Administrator, at least ten (10) days prior to the date of the anticipated bypass. After considering its potential adverse effects, an anticipated bypass may be approved by the Administrator if the three (3) conditions that are listed in subsection (a) of this section, are met.
(c) In case of an unanticipated bypass that causes or may cause a violation of an industrial wastewater permit or any applicable pretreatment standard, the user shall notify the Administrator and IEUA pursuant to § 6-7.509. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021) Sec. 6-7.211. Prohibited discharge locations.
(a) No user, except City of Ontario personnel involved in maintenance functions of the sewerage system, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the Administrator upon written application by the user and payment of any applicable fees and charges established herein.
(b) No user shall circumvent or obviate the intent or purpose of this chapter by discharging, or causing to be discharged, into any storm drain, stormwater channel, stormwater drainage system facility, or natural watercourse, whether currently carrying water or not, or into any pipe, public street, or waterway leading to such drain, channel, facility, or natural watercourse, any material, waste, or wastewater, not including unpolluted water, which is prohibited or restricted as to its discharge into the public sewer system.
(c) No user shall deposit or discharge into any sump which is not impermeable or into any pit or well, or onto the ground:
(1) Acids or caustics, whether neutralized or not;
(2) Excessively saline wastes (electrical conductivity greater than 2,000 umhos/cm); (3) Any material, waste, or wastewater, which by seeping underground or by being leached or by reacting with soil is detrimental to the surface or ground water; and
(4) Violates waste disposal requirements, waste discharge requirements, as adopted by the Regional Water Quality Control Board, Santa Ana Region, State Water Resources Control Board, the Department of Environmental Health Services, the Environmental Protection Agency, or any other Regulatory Agency with appropriate jurisdiction. (§ 3, Ord. 2755, eff. April 4, 2002)
Section. 6-7.212. Local discharge limits.
(a) Local limits are established to protect against pass through and interference. No SIU shall discharge wastewater to the public sewer in excess of the local limits that are established by the IEUA and/or adopted by the City. It is unlawful for an SIU to discharge wastewater to the public sewer that exceeds the local limits and/or Title 40 of the Code of Federal Regulations (the more stringent regulations apply) or which will result in the inability of the local POTW to meet its NPDES wastewater discharge permit requirements and/or its effluent limitations. Modifications of the local limits may be necessary to meet the requirements for discharge to the POTW or for basin groundwater recharge. (b) Wastewater discharged to the sewerage system by a categorical industrial user shall be limited to the stricter of the discharge limit listed under subsection (a) of this section, and/or Title 40 of the Code of Federal Regulations for applicable categorical standards.
(c) The Administrator may specify a mass limit for any pollutant in the user's industrial wastewater permit. Any mass limit shall be based on the local discharge limit or Federal Categorical Pretreatment Standards, whichever is stricter, and the user's average daily wastewater discharge. The average daily wastewater discharge shall be based on the previous twelve (12) months of operation or other representative data. The Administrator may revise the mass limit previously established in the user's permit at any time, based on the user's current or anticipated operating data, and the City's ability to comply with the regional contract and the requirements of any other regulatory agency. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. (d) In order for the POTW to remain in uninterrupted compliance with mandated changes in federal, state or local wastewater pretreatment requirements, the City Council shall adopt any required changes to the City's wastewater 447
discharge local limits.
(e) The Administrator may specify an electrical conductivity limit of one-thousand two-hundred and eighty (1,280) micro Ohms per centimeter in lieu of the TDS local limit, if there is reason to believe that there may be significant interference with the analytical procedure to determine TDS.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 2913, eff. January 1, 2010, and by § 2, Ord. 3190, eff. October 7, 2021)
Article 3. Permits
Sec. 6-7.301. Industrial wastewater permit.
(a) To provide for the maximum public benefit for the use of the City sewerage system, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this section. The City reserves the right to establish by Municipal Code or in wastewater discharge permits, more stringent standards or requirements on discharges to the City's sewerage facilities if deemed appropriate by the Administrator.
(b) The permit for industrial wastewater discharge or discharge authorization shall require compliance with applicable National Pretreatment Standards and requirements, state discharge requirements, and local limits and requirements. It may also require pretreatment of industrial wastewaters before discharge, restriction of peak flow discharges, discharge of certain wastewaters only to specified sewers of the City, relocation of the point of discharge, prohibition of discharge of certain wastewater components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge, and such other conditions as may be required to effectuate the purpose of this ordinance. It is unlawful to discharge industrial wastewaters in excess of the quantity or quality limitations set by the permit for industrial wastewater discharge or discharge authorization. Any person desiring to discharge wastewaters or use facilities which are not in conformance with the industrial wastewater discharge permit or discharge authorization shall apply to the City Administrator for an amended industrial wastewater discharge permit or discharge authorization.
(c) Industrial wastewater discharge permits will be issued in one (1) of eight (8) forms and is dependent upon the type of discharger, volume, and discharge characteristics. A user may not require a permit if it does not meet the definition of an SIU, discharges domestic waste only and/or has been determined by the Administrator to have little potential to adversely affect the operation and maintenance of the sewerage system, the POTW, and poses no threat to system worker or the public welfare. The eight (8) discharge permit types are:
(1) Class I Wastewater Discharge Permit issued to significant industrial users and categorical users:
(i) Any user subject to Federal Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
(ii) Any user having industrial flows equal to or greater than twenty-five thousand (25,000) gallons per day (excluding sanitary, non- contact cooling and boiler blow down wastewater); (iii) Any user contributing a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW regional treatment plant; and (iv) Any user designated as such by the Administrator on the basis that the industrial user has a reasonable potential for adversely affecting the operation of the regional treatment plant or for violating any pretreatment standard or pretreatment requirement; and
(2) Class II Wastewater Discharge Permit issued to any user that does not fit the definition of an SIU, but has the potential to negatively affect the City sewerage system, the local POTW, or endanger worker welfare, and to any user discharging wastewater other than domestic waste only, where the Administrator has determined that a Class II permit is required.
(3) Class IIF Wastewater Discharge Permit issued to:
(i) Facilities that are engaged in food preparation for consumption by the public desiring to discharge wastewater into the City sewerage system, and have been determined to have a reasonable potential to negatively affect the City of Ontario collection system or POTW;
(4) Class IIZ Wastewater Discharge Permits are issued to any industrial user who is performing operations that are subject to categorical pretreatment standards, but does not discharge federally regulated wastewater to sewer, and only discharges unregulated wastewater that would normally be covered under a Class II type permit into the sewerage system. (5) Class III permits are issued to targeted non-SIU commercial sector groups to regulate the conventional pollutants only.
(6) Class IIIZ Industrial Wastewater Permit issued to any industrial user who is performing operations that are subject to categorical pretreatment standards, but does not discharge federally regulated wastewater to sewer, and only discharges unregulated wastewater that would normally be covered under a Class III type permit into the sewerage system. (7) Class IZ Industrial Wastewater Permit issued to any user who is subject to categorical pretreatment standards, and 448
does not discharge industrial waste, and only discharges domestic waste into the sewerage system. (8) Temporary Industrial Wastewater Discharge Permit issued to:
(i) Any user discharging wastewater temporarily from industrial operations; (ii) Any user who has a discharge of unpolluted water whereby no alternative method of disposal is available. (d) No user of the City sewerage system requiring a permit shall discharge wastewater without obtaining a wastewater discharge permit. The determination for requiring a wastewater discharge permit is made by the Administrator or their designee. Any user that fits the definition of a significant industrial user, or having otherwise been determined to have a reasonable potential to adversely affect the operation and maintenance of the sewerage system, the POTW, or poses a threat to worker welfare, or has been determined in need of one by the Administrator is required to obtain a permit. (e) All users of the City's sewerage system proposing to discharge industrial waste directly or indirectly into the sewerage system, where a potential exists to interfere with the operation and maintenance of the sewer system or with the pretreatment facilities shall obtain a wastewater discharge permit from the City Administrator or their designee by filing an application pursuant to § 6-7.302 and paying the applicable fees pursuant to §6-7.704. These wastes will include all wastewater discharges which are required to be regulated by federal laws or regulations, State of California mandates, or local ordinances.
(f) All wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the City. Wastewater discharge permit conditions shall be enforced by the City of Ontario and Inland Empire Utilities Agency in accordance with this chapter and applicable state and federal regulations. (g) Categorical pretreatment standards may be adjusted to reflect the presence of pollutants in the industrial user's intake water in accordance with 40 CFR § 403.15. Any industrial user wishing to obtain credit for intake pollutants must make application to the Administrator. Upon request of the industrial user, the applicable pretreatment standard will be calculated on a "net" basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of 40 CFR 403.15(b) are met.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 12, Ord. 2816, eff. December 1, 2005, § 4, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.302. Applications.
(a) Users seeking to obtain an industrial wastewater discharge permit shall complete and file with the City, prior to commencing discharge, an application and survey on the forms prescribed by the City. The applicant may be required to submit, in units and terms appropriate for evaluation and in sufficient time to allow proper and thorough evaluation, the following information:
(1) Name, address, SIC number(s) and/or NAISC number(s), and a description of the manufacturing process or service activity;
(2) (Whichever is applicable) name, address of any and all principals/owner/major shareholders of company; Articles of Incorporation; most recent report of the Secretary of State; business license; (3) Volume of wastewater to be discharged;
(4) Name of individual who can be served with notices other than officers of corporation; (5) Name and address of property owner, landlord and/or manager of the property; (6) Wastewater constituents and characteristics as required by the City. These constituents and characteristics shall be determined by an ELAP certified laboratory selected by the discharger and acceptable to the City; (7) Time and duration of discharge;
(8) Number of employees and average hours of work per employee per day; (9) Waste minimization and water conservation practices; (10) Production records, if applicable;
(11) Waste manifests, if applicable;
(12) Tons of cooling tower capacity, if applicable;
(13) EPA Hazardous Waste Generator Number, if applicable; (14) The location for monitoring all wastes covered by the permit; (15) Flow measurement information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set forth in 40 CFR 403.6(e).
(16) Any other information as specified.
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(17) Special studies may be required in the processing of an application, or an individual wastewater discharge permit update. In the event a special study is required, the City shall notify the applicant or the user in writing, of the need for a special study, and what parameters the study should address. If the City performs the study, the applicant or user shall deposit with the City the estimated cost of performing the study. All costs shall be borne by the applicant or user. Final costs will be based upon actual costs incurred by the City.
(18) Any environmental control permits held by or for the facility including permits issued by the San Bernardino County Department of Environmental Health Services, State of California, and South Coast Air Quality Management District. (b) Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation, and all points of discharge.
(c) Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the City to properly evaluate the permit application. (d) After evaluation of the data, the City and/or Inland Empire Utilities Agency may issue a wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the Administrator to be appropriate to protect the City's sewerage facilities.
(e) The permit application may be denied if the applicant fails to establish to the City's satisfaction, that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limit will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limit. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 13, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.303. Permit conditions.
(a) All industrial wastewater discharge permits shall be subject to all provisions of this chapter, all other applicable regulations, and user charges and fees established by the City. In addition, all permits may be subject to the following:
(1) Limits on the average and maximum wastewater constituents, characteristics and mass limits. The Administrator may impose mass emission rate limitations on users where the imposition of such limitations is appropriate; (2) Limits on the average and maximum rate and time of discharge requirements for flow regulations and equalization; (3) Requirements for the installation, operation, and maintenance of a pretreatment system and equipment; (4) Requirements to operate and maintain the pretreatment system using a qualified and certified operator as determined by the Administrator;
(5) Requirements for installation, operation, and maintenance of monitoring, monitoring/ surveillance facilities, pH control, and/or flow monitoring which comply with the BMP; (6) Specifications for monitoring programs which may include sampling locations, frequency of sampling, numbers and types of samples, standards for tests and reporting schedules; (7) Compliance time schedules;
(8) Requirements for submission of technical reports, discharge reports, production data, and/or waste manifests; (9) Requirements for maintaining and retaining industrial records relating to wastewater discharge as specified by the City. These records shall be made available to City and IEUA personnel upon request; (10) Requirements for notification of the City of any new introduction of wastewater constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the City's sewerage system; (11) Requirements for notification of slug discharges;
(12) Requirements to self-monitor;
(13) Requirements to maintain various discharge logs;
(14) Requirements to inventory key pretreatment system equipment; (15) Requirements to separate all domestic wastewater from bathrooms, showers, drinking fountains, from all industrial wastewater until the industrial wastewaters have passed through any required pretreatment facilities; (16) Requirements to consolidate all industrial flows into one (1) location for purposes of monitoring and determining compliance with the permit and this chapter;
(17) Requirements to notify the Administrator, up to forty-eight (48) hours prior to the commencement of any batch discharge. Notification shall include the date, time and location of proposed batch discharge; (18) Other conditions as deemed appropriate by the Administrator to ensure compliance with this chapter; (19) Requirements to develop a compliance schedule by each industrial user for the installation of technology required 450
to meet applicable pretreatment standards and pretreatment requirements; and (20) Requirements for submission of all notices and self-monitoring reports from industrial users as are necessary to assess and assure compliance by industrial users with pretreatment standards and pretreatment requirements, including but not limited to the reports required in 40 CFR 403.12.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 14, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.304. Duration.
An industrial wastewater permit shall be issued for a specified time period, not to exceed five (5) years. An industrial wastewater permit may be issued for a period of less than five (5) years at the discretion of the Administrator. Each individual wastewater discharge permit will indicate a specific date upon which it will expire. Under special circumstances, the Administrator may at his or her option extend the permit duration for an additional time period not to exceed one (1) year for permits that have been issued for a duration period of four (4) years or less. The user shall apply for renewal of the permit no more than one hundred twenty (120) or later than sixty (60) days prior to the expiration date of the permit. After submitting an application for renewal, the permit shall automatically be extended until the Administrator makes a determination on the application for renewal. Any existing user who is discharging industrial wastewater to the public sewer without a valid industrial wastewater permit shall apply for a permit within ten (10) working days from the date of notification of the permit requirement.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.305. Change of permit conditions.
(a) The user shall submit to the Administrator, within a reasonable time, any documents or records maintained by the user and requested by the Administrator to determine whether cause exists for rescinding, modifying, revoking, reissuing the permit, or to determine compliance with the permit requirements. (b) The terms and conditions of an issued permit may be subject to modification and change in the determination of the City and IEUA during the life of the permit for good cause, including, but not limited to, the following reasons:
(1) Changes in the user's current or anticipated pretreatment system operating data; (2) Changes in the City's sewerage system's and IEUA's treatment plant current or anticipated operating data; (3) Changes in the requirements of regulatory agencies which affect the City and IEUA's treatment plant; (4) To incorporate any new or revised federal, state, or local pretreatment standards or requirements; (5) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the date the wastewater discharge permit was issued; (6) To reflect any change in the City sewerage system that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(7) In response to information indicating that the permitted discharge poses a threat to the City's sewerage system, its personnel, IEUA's treatment plant, or the receiving waters; (8) Violation of any terms or conditions of the industrial wastewater discharge permit; (9) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(10) Revision of or a grant of variance from Categorical Pretreatment Standards pursuant to 40 CFR 403.13; (11) To correct typographical or other errors in the industrial wastewater discharge permit; or (12) To reflect a transfer of the facility ownership or operation to a new owner or operator as allowed by this chapter. (c) The Administrator shall inform the user of any proposed changes or new conditions in his permit and shall include a reasonable period of time for compliance.
(d) The user shall have the right to file, with the Administrator, a written request to reduce monitoring and/or reporting requirements or to have other permit conditions modified or changed. Any request by the user to modify the user's industrial wastewater permit shall be processed, if approved by the Administrator, after payment of applicable fees and charges. (e) The Administrator may deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the public sewer by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the City to violate the Regional Contract, or the POTW to violate its NPDES permit.
(f) All permitted discharges must commence within one hundred eighty (180) days from the effective date of the permit or the permit may be deemed void.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 15, Ord. 2816, eff. December 1, 2005) 451
Sec. 6-7.306. Non-transferability.
Industrial wastewater discharge permits are issued to a specific user for a specific operation at a particular location. Such permits shall not be reassigned, transferred or sold.
(§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.307. National Categorical Pretreatment Standards. (a) Industrial users subject to a categorical pretreatment standard must comply with the applicable categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. (b) When the limits in a categorical pretreatment standard are expressed only in terms of mass of pollutant per unit of production, the Administrator may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual significant industrial users.
(c) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same pretreatment standard, the Administrator shall impose an alternate limit in accordance with 40 CFR 403.6(e). (d) The Administrator may convert the mass limits of the categorical pretreatment standards of 40 CFR Parts 414, 419, and 455 to concentration-based limits for purposes of calculating limitations applicable to individual industrial users. The conversion is at the discretion of the Administrator.
(e) Once included in its permit, the industrial user must comply with the equivalent limitations developed in this §6-7.307 in lieu of the promulgated categorical standards from which the equivalent limitations were derived. (f) Many categorical pretreatment standards specify one (1) limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or four (4)-day average, limitations. Where such pretreatment standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(g) Any industrial user operating under a permit incorporating equivalent mass or concentration-based limits calculated from a production-based pretreatment standard shall notify the Administrator within two (2) business days after the user has a reasonable basis to know that the production level will significantly change within the next calendar month. Any user not notifying the Administrator of such anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long term average production rate. (§ 2, Ord. 3190, eff. October 7, 2021)
Article 4. Facilities
Sec. 6-7.401. Drawing submittal requirements.
Upon request by the City:
(a) Applicants or users may be required to submit three (3) copies of detailed facility plans. The submittal shall be in a form and content acceptable to the City for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce an acceptable discharge and to meet the requirements of this chapter or any requirements of other Regulatory Agencies. (b) The drawing shall depict as a minimum, the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. (c) The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report.
(d) Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation.
(e) The City may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.402. Pretreatment facilities.
(a) An industrial wastewater pretreatment facility or device may be required to restrict or prevent the discharge to the sewerage system of certain wastewater constituents, or to accomplish any pretreatment result required by the Administrator. (b) A pretreatment facility which requires engineering design shall have plans prepared and signed by an engineer of suitable discipline licensed in the State of California. (c) Detailed plans showing the pretreatment facilities and operating procedures, and compliance schedules shall be submitted to the City for review and approval before construction of the facility. 452
(d) The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Administrator under the provisions of this ordinance.
(e) Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Administrator.
(f) The Administrator or his/her appointed designee shall have the authority in negotiation with any industrial permittee, to impose compliance schedules relating to installation of specific pretreatment equipment, filing of reports, and achievement of specific discharge conditions.
(g) No permittee shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any local, state, or federal discharge standard. (h) The user shall establish and maintain a daily operation and maintenance log for any pretreatment system. The daily operation and maintenance log shall contain, at a minimum, the following information:
(1) The name of the user responsible for the operation of the pretreatment system, hours of work, and telephone number;
(2) Date, time, and a description of all routine maintenance and calibration of the system; (3) Date and time of any major repair and down time on the system; (4) The emergency or backup system or program instituted while the pretreatment system was out of operation; and (5) The estimated daily operational efficiency of the pretreatment system and any other information which may be required to assure compliance with pretreatment requirements. (6) A food service establishment shall keep records of grease pretreatment device cleaning, maintenance and grease removal and shall report on such maintenance to the Administrator when required. The Administrator may require the permittee to provide results of periodic measurements of its discharge which may include chemical analysis for oil and grease content and other constituents.
(i) The Administrator may require any user discharging into the sewerage system to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization. (j) The user shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the user to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an industrial user when the operation is necessary to achieve compliance with the conditions of the permit. (k) Waste solids and/or liquids containing pollutants removed in the course of the users pretreatment processes shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering the sewerage system. (l) Whenever deemed necessary, the General Manager may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as many be necessary to protect the POTWS and determine the user's compliance with the requirements of this ordinance. (m) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.403. Monitoring facilities.
(a) Each industrial user shall install and maintain a monitoring facility for each point-source to the sewerage system. The monitoring facility and its location are subject to approval by the Administrator. (b) All proposed construction of commercial and/or industrial buildings shall include plans to install a surveillance/monitoring facility for each point-source to the sewerage system. The surveillance/monitoring facility and its location are subject to approval by the Administrator or in accordance with the City Standard Drawings. (c) When more than one user can discharge into a common private sewer, the Administrator may require installation of a separate monitoring facility for each user. Also, when in the judgement of the Administrator, there is a significant difference in wastewater constituents and characteristics produced by different operations of a single user, the Administrator may require that a separate monitoring facility be installed for each segregated wastestream. This may include, but may not be limited to, segregation of Categorical process wastestreams from additional wastestreams not subject to categorical standards.
(d) City standard drawings establish design requirements, applicable construction standards, safety devices and specifications for surveillance/monitoring facilities. The design plans for any required or surveillance/monitoring facility shall be prepared and signed by an engineer registered in the State of California. Such plans shall be reviewed and must be 453
approved by the Administrator prior to any construction of said facility. The approval of the design of any facility meeting the requirements set forth in this section or any recommendation or requirements made by the Administrator, shall not relieve the user from the responsibility of meeting the requirements of this chapter, and shall not impute any liability to the City for the adequacy of such facility under the actual conditions of use. (e) If explosive or flammable substances are stored or used on-site, and such substances have the potential of entering the sewerage system, the user may be required to install, operate and maintain a combustible gas monitoring system and facilities to divert the entire wastewater flow to a holding tank when the combustible gas level is greater than twenty percent (20%) of the lower explosive limit. These facilities will be provided and maintained at the user's own cost and expense. A user so notified shall provide detailed gas monitoring and wastewater diversion plans, including facilities and operating procedures, to the Administrator for review.
(f) If required by the City in writing, the user shall submit construction plans and/or instrumentation for approval by the City of the following:
(1) A pH-recording instrument with a strip chart to record all flows on a twenty-four (24) hour continuous basis; (2) A conductivity meter with a strip chart to record all flows on a twenty-four (24) hour continuous basis; (3) A flume, weir, flow meter or similar device approved by the City and suitable to measure the non-domestic flow rate and total volume on a continuous basis. The monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user. All devices used to measure wastewater flow and quality shall be calibrated at a frequency determined by the Administrator to ensure their accuracy. The costs of installing and maintaining such device(s) shall be at the sole expense of the user.
(g) Construction of any monitoring facility or device shall be completed within a time period established by the Administrator.
(h) Unrestricted access to the monitoring facility shall be available to authorized personnel of the City and IEUA at all times. Unreasonable delays in allowing City or IEUA personnel access to the user's premises shall be a violation of this chapter.
(i) Any temporary or permanent obstruction to safe and easy access to the monitoring facility or surveillance/monitoring facility shall be promptly removed by the user at the written or verbal request of the Administrator and shall not be replaced.
The costs of clearing such access shall be borne by the user. (j) A monitoring facility or surveillance/ monitoring facility may be required to include a security closure that can be locked by the City during sampling or upon termination of service. (k) A monitoring facility or surveillance/ monitoring facility shall be located so that samples can be taken immediately downstream from the pretreatment facilities, if any exist, or where no treatment is employed, immediately downstream from the user's wastestream.
(l) Any sample taken from the monitoring facility shall be considered representative of the user's discharge. (m) Users are responsible for cleaning and maintaining the monitoring facility and equipment. Oils, solids, and other debris removed from the monitoring facility shall not be discharged to the sewer. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 16, Ord. 2816, eff. December 1, 2005) Sec. 6-7.404. Interceptors.
(a) A food service establishment discharging grease wastes which, under the conditions existing in the downstream sewers, could cause or threaten to cause stoppage or grease accumulations, shall install an approved grease and oil interceptor and regularly maintain it so as to prevent excessive discharges of grease and oil into the sewerage system. The costs of installing and maintaining such device(s) shall be at the sole expense of the user. Any user who operates, owns or maintains a food service establishment shall cause all floor drains, floor sinks, sinks, and waste container wash racks to be directed through the grease and oil interceptor, and shall keep all domestic wastewater from restrooms, showers, drinking fountains, and condensate (i.e. ice melt, air conditioning) separate from the food service wastewater until the food service wastewater has passed through all necessary pretreatment equipment, devices, or monitoring stations. (b) Each permittee shall be required to provide a collection tank or container for the purpose of physically segregating oils, greases, and greasy solids from wash water. Permittees shall establish procedures for personnel to follow in order to segregate oils, greases, and greasy solids to the collection container prior to performing any washing and other water cleaning which goes into the sewers. The permittee shall be responsible for the proper removal and lawful disposal of the material captured from either the grease pretreatment devices on wastewater lines or the collection container utilized for the segregation of oils, greases and greasy solids.
(c) Each vehicle wash, vehicle or equipment servicing, industrial transportation, and/or cleaning facility shall install an appropriate sand, grease and oil Interceptor of a size and design approved by the Administrator. Wastewater arising from the cleaning, servicing and repair of vehicles shall pass through this interceptor before discharge to the sewerage system. (d) If an interceptor is not adequate under the conditions of use, one which is effective in accomplishing the intended purpose shall be constructed by the user within a time period established by the Administrator. 454
(e) The design plans for any required interceptor not included in the Plumbing Code or City standard drawings shall be prepared and signed by an engineer registered in the State of California and meet the drawing submittal requirements set forth in § 6-7.401. Such plans shall be reviewed and must be approved by the Administrator prior to any construction of said device.
(f) The interceptor required by this chapter shall be watertight, structurally sound, durable, properly maintained, and easily accessible for inspection and cleaning to assure that the accumulation of sand, oil or grease does not impair the efficiency of the interceptor or pass through the device. At no time shall any material, debris, obstacle or obstruction be placed in such a manner as to prevent immediate access to the Interceptor. (g) A user who is required to install and maintain an interceptor shall keep maintenance records and hauler's manifests for a minimum of three (3) years. These records shall be made available to the Administrator upon request. Each vehicle wash and food service facility shall be responsible for the costs of installing, inspecting, pumping, cleaning and maintaining its grease interceptor. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than twenty percent (20%) of the total volume of the unit. All vehicle wash and food service facilities that have grease interceptors shall utilize a licensed grease hauler who has been permitted for pumping services. Pumping services shall include the initial complete removal of all contents, including floating materials, wastewater and bottom sludge and solids from the interceptor. It is unlawful for any grease waste hauler to reinsert, deposit, pump, place, release, or discharge into a grease trap, grease interceptor, manhole, cleanout, or other sanitary sewer appurtenance any materials that the hauler has removed from the grease trap or grease interceptor, or to cause those materials to be so handled. This prohibition as it pertains to the reinsertion of material removed from a grease trap or grease interceptor, shall not apply to a grease waste hauler that has met all of the conditions that are outlined in both the California Penal Code Section 374.5(a)(2) (b) and the City of Ontario Public Sewer System Ordinance, Title 6, Chapter 7, § 6-7.404. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles and all pipe work. It shall be the responsibility of each vehicle wash or food service facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly. (h) Each vehicle wash or food service facility shall determine the frequency at which its grease interceptor(s) shall be pumped according to the following criteria:
(1) When the floatable grease layer exceeds six (6) inches in depth as measured by an approved dipping method; (2) When the settleable solids layer exceeds eight (8) inches in depth as measured by an approved dipping method; (3) When the total volume of captured grease and solid material displaces more than twenty percent (20%) of the capacity of the interceptor as calculated using an approved dipping method; or (4) When the interceptor is not retaining/ capturing oils and greases; or the removal efficiency of the device, as determined through sampling and analysis, is less than eighty percent (80%). (i) Periodic inspection of the interceptor may be performed to determine compliance with this section. The owner and/or user of the property shall be subject to enforcement actions if such user fails to maintain the interceptor and/or keep adequate records.
(j) Conditional waivers for the grease and oil interceptor or sand, grease and oil interceptor requirement shall be granted by the Administrator for food service establishments or vehicle wash, vehicle or equipment servicing, industrial transportation and/or cleaning facility determined not to have adverse effects on the City's sewerage system or the POTW.
Conditional waivers may be revoked for the following reasons:
(1) Changes in menu;
(2) Falsification of information submitted;
(3) Change in operating hours;
(4) Changes in equipment used;
(5) Changes in the number of vehicles washed; or
(6) As determined by the Administrator to have adverse effects on the City's sewerage system or the POTW. (k) The shared use of a grease interceptor by multiple FSEs and/or other industrial users is prohibited unless authorization is granted by the Administrator.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 4, Ord. 2806, eff. January 21, 2005, § 5, Ord. 2945, eff. January 6, 2012, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.405. Secondary spill containment.
(a) Upon written notification by the Administrator, the user shall provide secondary spill containment for stored chemicals or other substances which are prohibited or regulated by this chapter and which have the potential of entering the public sewerage system. The user so notified shall submit to the Administrator detailed secondary spill containment plans, including the facility's location, dimensions, and type and volume of material or waste stored. (b) Drawings shall be submitted in accordance with §6-7.401. 455
(c) The containment system shall be designed and operated as follows:
(1) The base shall be free of cracks or gaps, and shall be sufficiently impervious to contain leaks, spills, or precipitation until the collected material is detected and removed;
(2) The base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids and precipitation;
(3) The containment system shall have sufficient capacity to contain precipitation from, at least a twenty-four (24) hour, twenty-five (25) year storm plus ten percent (10%) of the aggregate volume of all containers or the volume of the largest container, whichever is greater plus a freeboard of at least three (3) inches. Containers that are not used to store chemicals in a liquid form need not be considered in this determination; (4) Stormwater runoff from adjacent areas shall be prevented from flowing into the containment system; (5) Spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. Unless otherwise approved by the Administrator, all chemicals or wastes discharged within the collection area shall be disposed of appropriately and not discharged to the sewerage system or the ground.
(d) The user shall submit to the Administrator a written statement, signed by a professional civil engineer registered in California, indicating that the containment system is suitably designed to achieve the requirements of this section. (e) Construction shall be completed within a time period established in a compliance schedule. (§ 3, Ord. 2755, eff. April 4, 2002)
Article 5. Monitoring, Reporting, Notification and Inspection Requirements Sec. 6-7.501. Monitoring.
(a) Periodic measurements of flow rates, flow volumes, and wastewater characteristics for compliance with any limitations or requirements specified in the industrial wastewater permit or this chapter shall be performed using appropriate procedures set forth in 40 CFR Part 136 and 403.12(e), 403.12 (g), 403.12(h) and 122.45(c). Analyses of the constituents and characteristics shall be by a state-certified laboratory, and at the sole expense of the permittee. (b) A user with large fluctuations in quantity or quality of wastewater may be required to provide continuous monitoring for some of the wastewater characteristics.
(c) Routine monitoring and sampling shall be conducted at the City-approved monitoring facility, and during a period of normal business operations and wastewater flows of the user. (d) Grab and/or composite samples of the industrial wastewater shall be properly obtained, preserved, and analyzed for the specified wastewater constituents by a state-certified laboratory. (e) All sampling and analysis for the purposes of providing pollutant discharge information to the Administrator in selfmonitoring and other reports shall be performed in accordance with the techniques prescribed in the Code of Federal Regulations at 40 CFR Part 136 and amendments thereto.
(f) When 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by the EPA Administrator.
(g) When requested by the Administrator or the user, a split sample will be provided to the other party to verify the levels of constituents in the wastewater.
(h) It shall be unlawful, and the user shall be held financially responsible for any damage to, breakage of, or tampering with, any laboratory or City monitoring equipment while it is in use either in, on, or next to the monitoring facility of the user. (i) The City or IEUA may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this chapter is being met and the user is complying with all requirements. Where a user has security measures in force, the user shall make necessary arrangements so that, upon presentation of suitable identification, personnel from the City, IEUA or laboratory will be permitted to enter without delay for the purpose of performing their specific responsibilities.
(j) The City or IEUA shall have the right to set up on the user's property or other locations as determined by the City, such devices as are necessary to conduct sampling or metering operations. (k) Results from all samples taken from the designated monitoring point shall be reported to the City. (l) If sampling by a user indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The user shall repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Resampling by the user is not required if the City or IEUA 456
performs sampling at the user's facility at least once a month, or if the City or IEUA performs sampling at the user's facility between the time when the initial sampling was conducted and the time when the user receives the results of this sampling, or if the City or IEUA has performed the sampling and analysis in lieu of the user. (m) If a user monitors any pollutant more frequently than required by the City, the results of the monitoring shall be included in the periodic reports on continued compliance. (n) All laboratory reports shall be accompanied by the corresponding chain-of-custody log. The chain-of-custody shall contain the following information: sample source; date, time and method of sampling and sample preservation; type of container used, sampler identification, results of any field measurement or observation, and any other information related to sample handling.
(o) The reports required in § 6-7.502 below must be based upon data obtained through appropriate sampling and analysis performed during the period covered by the report, which data are representative of conditions occurring during the reporting period. The Administrator shall require that frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and pretreatment requirements. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized by the Administrator. Where time-proportional composite sampling or grab sampling is authorized by the Administrator, the samples must be representative of the discharge and the decision to allow the alternative sampling must be documented in the industrial user file for that facility or facilities. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil & grease the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the Administrator, as appropriate. (p) The City or IEUA may randomly sample and analyze the effluent from industrial users and conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The City or IEUA must inspect and sample the effluent from each significant industrial user at least once a year.
(q) The City or IEUA shall investigate instances of noncompliance with pretreatment standards and pretreatment requirements, as indicated in the reports and notices required under § 403.12, or indicated by analysis, inspection, and surveillance activities described in § 6-7.501(p). Sample taking and analysis and the collection of other information shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or in judicial actions. (r) The City shall perform a special investigation for user's with repeated violations of their discharge limit to identify and access the noncompliance problems and the required corrective actions. This inspection includes a comprehensive onsite evaluation of the adequacy of the pretreatment system, and the user's waste management practices, manufacturing processes, and waste generating sources.
(s) The City shall perform a comprehensive inspection prior to the issuance of an initial permit or the renewal of a user wastewater discharge permit. It provides a detailed compliance check as well as information needed to issue an initial permit or to re-evaluate an expiring permit. These inspections include evaluation of the manufacturing process and pretreatment equipment, review of hazardous waste manifests and other disposal documents, compliance evaluation, measurement of industrial wastewater flows, field testing of wastewater, and a review of applicable regulations. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 17, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.502. Plans and reporting.
The City may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, federal regulations, or this chapter. These reports include:
(a) Solvent management plans as described in §6-7.503;
(b) Baseline monitoring reports (BMRs) as described in §6-7.504; (c) Ninety (90) day compliance reports as described in §6-7.505; (d) Compliance schedules; for the purpose of meeting federal, state, and local requirements the following conditions shall apply to the schedule required by 40 CFR 403.12(b)(7):
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.); (2) No increment referred to in paragraph (d)(1) of this section shall exceed nine (9) months; and (3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial 457
user shall submit a progress report to the Administrator including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the Administrator. (e) Progress reports;
(1) Report on compliance with categorical pretreatment standard deadline. Within ninty (90) days following the date for final compliance with applicable categorical pretreatment standards or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to pretreatment standards and pretreatment requirements shall submit to the Administrator a report containing the information described in paragraphs 40 CFR 403(b) (4)-(6). For industrial users subject to equivalent mass or concentration limits established by the Administrator in accordance with the procedures in § 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period.
(f) Slug discharge control plans as described in §6-7.506; (g) Periodic reports on continued compliance;
(1) All SIUs must, at a frequency determined by the Administrator submit no less than twice per year (July and January) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the Administrator or the pretreatment standard necessary to determine the compliance status of the user;
(2) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(3) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the Administrator, using the procedures prescribed in 40 CFR Part 136 and amendments thereto, otherwise approved by EPA, or as specified in this permit, the results of such monitoring shall be included in any calculations of actual daily maximum or annual average daily pollutant discharge concentrations, and annual average daily discharge volume, and the results shall be reported in the monitoring report submitted to the City. Such increased monitoring frequency shall also be indicated in the user's self-monitoring report(s). (4) In addition to the foregoing, the industrial user shall provide all applicable reports described in the Code of Federal Regulations at 40 CFR 403.12, including, but not limited to: compliance schedules for meeting categorical pretreatment standards, compliance schedule progress reports, reports on compliance with categorical pretreatment standard deadlines, and final compliance reports.
(5) All industrial users shall notify the Administrator thirty (30) days in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p). (i) The Administrator may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application per § 6-7.302. (ii) The Administrator may issue an individual wastewater discharge permit under §6-7.301 of this chapter or modify an existing wastewater discharge permit under § 6-7.305 of this chapter in response to changed conditions or anticipated changed conditions.
(6) All periodic reports must be signed and certified in accordance with §6-7.510 of this chapter. (h) Notification of the discharge of hazardous waste;
(1) The industrial user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the sewerage system and POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must satisfy the requirements set forth at 40 CFR 403.12(p).
(i) Bypass notification;
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City Administrator and General Manager of IEUA, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the City Administrator and General Manager of IEUA of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass.
A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or 458
planned to reduce, eliminate, and prevent recurrence of the bypass. The City Administrator and General Manager of IEUA may waive the written report on a case-by-case basis of the oral report has been received within twenty-four (24) hours. (3) Notification provided shall not relieve the user of liability for any expense, loss, damage, or other liability which may be incurred as a result of damage or loss to the City or IEUA or any other damage or loss to person or property; nor shall such notifications relieve the user of any fines, penalties, or other liability which may be imposed under this ordinance or other applicable law.
(j) Other reports as required by the City or IEUA.
(1) Quarterly pretreatment program report. A quarterly pretreatment program report is required by the twentieth calendar day following the end of each of the quarterly reporting periods specified in the Agency's waste discharge requirements. Quarterly reports must include at a minimum all self-monitoring data from SIUSs, including any City monitoring data collected for SIU compliance determination, summary of SIU inspection records, and a summary of the City's SIU compliance history.
(2) Annual pretreatment program reports. An annual pretreatment program report is required by the sixtieth calendar day following the end of each annual reporting period specified in the Agency's waste discharge requirements. (k) The City shall receive and analyze self-monitoring reports and other notices submitted by industrial users in accordance with the self-monitoring requirements in 40 CFR 403.12. (l) The City shall obtain remedies for noncompliance by any industrial user in accordance with §6-7.610. (m) The City shall enforce pretreatment requirements in accordance with §6-7.610 of this chapter. Such pretreatment requirements include but are not limited to, the duty to allow or carry out inspections, entry, or monitoring activities; any rules, regulations, or orders issued by the Administrator; any requirements set forth in control mechanisms issued by the Administrator; or any reporting requirements imposed by the City or these regulations in this part. (n) The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the pretreatment facility is reduced, lost or fails. (o) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of 40 CFR 403.16(c) are met. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset as defined in § 6-7.106(yyyy) shall have the burden of proof. (1) The industrial user is required to report an upset to the Administrator within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days. (p) Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 18, Ord. 2816, eff. December 1, 2005, and § 2, Ord. 3190, eff. October 7, 2021)
Sec. 6-7.503. Total toxic organics/solvent management plan (TTO/SMP). (a) Except where other alternative categorical monitoring requirements apply, a user who is required to monitor for TTO or prohibited organics may submit the following written and signed certification in lieu of monitoring for such toxic and prohibited organics:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for Total Toxic Organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the Wastewaters has occurred since filing the last Discharge monitoring report. I further certify that this facility is implementing the solvent management plan submitted to the City." In requesting that no monitoring be required, industrial users of POTWs shall submit a total toxic organics/solvent management plan that specifies to the City's satisfaction the toxic and prohibited organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and procedures for assuring that toxic and prohibited organics do not routinely spill or leak into the sewerage system. (b) An updated SMP shall be submitted by the user with the first monitoring report of the year. The SMP certification statement shall be submitted by the user with each monitoring report during the year. (c) The user requesting the certification alternative shall monitor for only those toxic and prohibited organic compounds, which would reasonably be expected to be discharged to the public sewer. (d) The SMP is subject to approval in writing by the Administrator. (e) Any user with an approved SMP shall still be monitored for compliance with the TTO standard by the City. (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.504. Baseline monitoring reports (BMRs).
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Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the sewerage system and POTW shall submit to the Administrator a baseline monitoring reports (BMRs), containing information as stipulated in 40 CFR 403.12(b). At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the Administrator a baseline monitoring report (BMR), containing information as stipulated in 40 CFR 403.12(b). A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of the information requested in 40 CFR 403.12 paragraphs (b)(4) and (5). (§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021) Sec. 6-7.505. Ninety (90) day compliance reports.
Ninety (90) Day Compliance Reports are required of significant industrial users following the date for final compliance with an applicable categorical standard or for new sources, following commencement of wastewater discharge. Ninety (90) Day Compliance Reports must contain information stipulated in 40 CFR 403.12(b)(4-6). (§ 3, Ord. 2755, eff. April 4, 2002)
Sec 6-7.506. Slug discharge control plan.
Upon written notification by the Administrator, the user shall submit a Slug Discharge Control Plan. The plan shall be updated every two (2) years and shall contain at a minimum, the following:
(a) A description of discharge practices, including non-routine batch discharges; (b) A description of stored chemicals;
(c) Procedures for immediately notifying the City of any accidental or slug discharge, as required by §6-7.509; and (d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to; inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment or emergency response. (§ 3, Ord. 2755, eff. April 4, 2002)
Sec 6-7.507. Periodic reports on continued compliance.
The City of Ontario may require reports for self- monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limitation, or requirements as specified in the user's permit, Federal regulations, or this chapter. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the City and shall be submitted upon request of the City. When applicable, the self-monitoring requirements and frequency of reporting shall be set forth in the user's permit. All sample analyses must follow the requirements set forth in 40 CFR 136. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be at the sole expense of the user. Failure by the user to perform any required monitoring and/or submit monitoring reports required by the City shall be a violation of this chapter, may result in a determination that the user is in significant non-compliance, and be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for any limitations and requirements specified in the user's permit or in this chapter. The user shall be responsible for any and all expenses of the City in undertaking such monitoring analyses and preparation of reports.
(§ 3, Ord. 2755, eff. April 4, 2002)
Sec. 6-7.508. Pollution prevention plan.
A user may be required, pursuant to Cal. Water Code § 13263.3, to implement a pollution prevention plan if any of the following apply:
(a) A user is determined to be a chronic violator or the State Board, Regional Board, or the City determines that pollution prevention could assist in achieving compliance;
(b) A user significantly contributes, or has the potential to significantly contribute, to the creation of a toxic hot spot as defined in Cal. Water Code § 13391.5;
(c) The State Board, a Regional Board, or a POTW determines pollution prevention is necessary to achieve a water quality objective.
(d) A Pollution Prevention Plan shall include all of the following:
(1) An analysis of one (1) or more of the pollutants, as directed by the State Board, a Regional Board, the City, or IEUA, that the user discharges into the sewerage system, a description of the sources of the pollutants, and a comprehensive review of the processes used by the user that result in the generation and discharge of the pollutants; 460
(2) An analysis of the potential for pollution prevention to reduce the generation of the pollutants, including the application of innovative and alternative technologies and any adverse environmental impacts resulting from the use of those methods;
(3) A detailed description of the tasks and time schedules required to investigate and implement various elements of pollution prevention techniques;
(4) A statement of the user's pollution prevention goals and strategies, including priorities for short-term and long-term action;
(5) A description of the user's existing pollution prevention methods; (6) A statement that the user's existing and planned pollution prevention strategies do not constitute media pollution transfers unless clear environmental benefits of such an approach are identified to the satisfaction of the State Board, the Regional Board, the City, or IEUA and information that supports that statement; (7) Proof of compliance with the Hazardous Waste Source Reduction and Management Review Act of 1989 (Article
11.9 (commencing with § 258244.12 of Chapter 6.5 of Division 20 of the Cal. Health & Safety Code) if the user is also subject to that Act;
(8) An analysis, to the extent feasible, of the relative costs and benefits of the possible pollution prevention activities; (9) A specification of, and rationale for, the technically feasible and economically practicable pollution prevention measures selected by the discharger for implementation. (e) The State Board, a Regional Board, the City or IEUA may require the user subject to a pollution prevention plan to comply with the pollution prevention plan developed by the user after providing the opportunity for comment at a public proceeding with regard to that plan and also to comply with other requirements of the Clean Water Enforcement and Pollution Prevention Act of 1999.
(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 19, Ord. 2816, eff. December 1, 2005) Sec. 6-7.509. Notifications.
(a) Accidental discharge.
(1) In the event the user is unable to comply with any of the permit conditions due to a breakdown of equipment, accidents caused by human error or acts of God, or the discharge will exceed the discharge limitations in the permit, the user shall notify the City and IEUA by immediately telephoning as soon as the user has knowledge of the incident:
City of Ontario: Utilities (909)395-2678 Monday-Friday 8:00 a.m. to 5:00 p.m.
Fire (909) 983-5911 All other hours.
Inland Empire Utilities Agency: POTW (909) 947-4131 Anytime. (2) The user shall confirm the notification in writing as soon as possible, but no later than five (5) working days from the telephone notification. Written notification shall state the date of the incident, reasons for the discharge or spill, steps that were taken to immediately correct the problem, and steps being taken to prevent the problem from recurring. (3) Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the IEUA and/or the City or any other damage or loss to user or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this chapter or other applicable law. (4) A notice shall be permanently posted on the user's employee bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge, spill or slug loading. Users shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure. (b) Change to discharge. All users shall notify the City before making substantial changes to their process wastewater discharges. Substantial changes include:
(1) Operational flows, changes of + 20%;
(2) Pollutant loadings, changes of + 20%;
(3) Changes in the characteristics of their process flows; (4) On-site plumbing; or
(5) Pretreatment procedures and/or facilities. All users shall notify the City a minimum of thirty (30) days prior to any planned changes. Upon notification, the Administrator may require that a new application be filed and a new permit obtained before discharging any waste involving the changed characteristics. (c) Discontinued discharge.
(1) The user shall notify the Administrator at least ten (10) days prior to discontinuing its industrial wastewater discharge for more than thirty (30) days unless the user can demonstrate to the Administrator that it could not have known of the discontinued discharge.
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(2) Within thirty (30) days of the discontinued discharge, the user shall remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities in accordance with all applicable regulations.
The contents shall not be discharged to the public sewer without prior written approval from the Administrator. (3) If the user fails to clean up and remove the contents of its facilities to the satisfaction of the Administrator, such activities and the costs thereof shall also become the responsibility of the owner of the building and/or land. (4) Failure of the user or the owner to promptly and satisfactorily clean up and remove the contents of all on-site sewers, sumps, floor drains, wastewater storage tanks, and/or pretreatment facilities shall subject the user and the owner of the building and/or land to any enforcement action authorized in this chapter. (d) Hazardous waste discharge.
(1) The user shall notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities in writing of any discharge into the sewerage system of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. (2) Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). (3) If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewerage system, the notification shall also contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. (4) Any notification under this chapter must be submitted only once for each hazardous waste discharged. Discharges are exempt from the requirements of subsection (a) of this section during a calendar month in which the discharge is no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharges of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(5) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the user must notify the Administrator, the IEUA, the EPA Regional Waste Management Division Director, and State Hazardous Waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. (6) In the case of any notification made under this chapter, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes.
(7) The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).
(e) Bypass. Bypass of industrial wastewater to the City sewerage system is prohibited. The City may take enforcement action against a user, unless the permittee submitted notices as required by § 6-7.509 or met conditions as specified in §6-