Agenda packet — Ontario City Council, July 15, 2025 (part 10 of 10)

Article XI. FINAL SIGNATURES
All terms and conditions set forth in this agreement are hereby ratified and agreed upon the 1st day of July 2025.

City of Ontario Association of Ontario
Management Employees
Signature Date Signature Date

Angela C. Lopez, Executive Director Human
Resources/Risk Management
Bryan Lirely, President

Peter Pallesen, Vice President

Gil Mars, Treasurer

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ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES 07/01/2025 – 06/30/2026

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APPENDIX A

July 13, 2025
Classification Step Hourly Rate Monthly Rate
Accounting Supervisor 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Administrative Officer 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Assistant City Engineer 1 $ 90.86 $ 15,749.07 2 $ 95.39 $ 16,534.27
3 $ 100.18 $ 17,364.53
4 $ 105.19 $ 18,232.93
5 $ 110.43 $ 19,141.20
Assistant Planning Director 1 $ 85.82 $ 14,875.47 2 $ 90.12 $ 15,620.80
3 $ 94.62 $ 16,400.80
4 $ 99.35 $ 17,220.67
5 $ 104.32 $ 18,082.13
Broadband Coordinator 1 $ 53.90 $ 9,342.67 2 $ 56.60 $ 9,810.67
3 $ 59.42 $ 10,299.47
4 $ 62.39 $ 10,814.27
5 $ 65.48 $ 11,349.87
Broadband Operations Manager 1 $ 74.75 $ 12,956.67 2 $ 78.47 $ 13,601.47
3 $ 82.39 $ 14,280.93
4 $ 86.50 $ 14,993.33
5 $ 90.82 $ 15,742.13
Building Manager 1 $ 74.44 $ 12,902.93 2 $ 78.16 $ 13,547.73
3 $ 82.05 $ 14,222.00
4 $ 86.12 $ 14,927.47
5 $ 90.47 $ 15,681.47
Business License Supervisor 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
City Auditor 1 $ 64.30 $ 11,145.33 2 $ 67.52 $ 11,703.47
3 $ 70.87 $ 12,284.13
4 $ 74.42 $ 12,899.47
5 $ 78.14 $ 13,544.27
Communications and Community Relations Manager 1 $ 70.55 $ 12,228.67 2 $ 74.08 $ 12,840.53
3 $ 77.77 $ 13,480.13
4 $ 81.63 $ 14,149.20
5 $ 85.75 $ 14,863.33
Community Improvement Supervisor 1 $ 49.94 $ 8,656.27 2 $ 52.42 $ 9,086.13
3 $ 55.04 $ 9,540.27
4 $ 57.80 $ 10,018.67
5 $ 60.70 $ 10,521.33
Community Information Supervisor 1 $ 48.66 $ 8,434.40 2 $ 51.12 $ 8,860.80
3 $ 53.67 $ 9,302.80
4 $ 56.34 $ 9,765.60
5 $ 59.16 $ 10,254.40
Community Life and Culture Officer 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
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4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Construction Project Manager 1 $ 59.31 $ 10,280.40 2 $ 62.22 $ 10,784.80
3 $ 65.36 $ 11,329.07
4 $ 68.61 $ 11,892.40
5 $ 72.05 $ 12,488.67
Customer Service Supervisor 1 $ 48.66 $ 8,434.40 2 $ 51.13 $ 8,862.53
3 $ 53.67 $ 9,302.80
4 $ 56.34 $ 9,765.60
5 $ 59.16 $ 10,254.40
Deputy City Clerk/Records Manager 1 $ 65.46 $ 11,346.40 2 $ 68.73 $ 11,913.20
3 $ 72.17 $ 12,509.47
4 $ 75.78 $ 13,135.20
5 $ 79.56 $ 13,790.40
Deputy Fire Marshal 1 $ 62.79 $ 10,883.60 2 $ 65.95 $ 11,431.33
3 $ 69.24 $ 12,001.60
4 $ 72.71 $ 12,603.07
5 $ 76.33 $ 13,230.53
Economic Development Coordinator 1 $ 53.90 $ 9,342.67 2 $ 56.60 $ 9,810.67
3 $ 59.42 $ 10,299.47
4 $ 62.39 $ 10,814.27
5 $ 65.48 $ 11,349.87
Emergency Manager 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
EMS Nurse 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Facilities Maintenance Superintendent 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Fire Communications Manager 1 $ 64.21 $ 11,129.73 2 $ 67.41 $ 11,684.40
3 $ 70.78 $ 12,268.53
4 $ 74.29 $ 12,876.93
5 $ 78.02 $ 13,523.47
Fire Protection Analyst 1 $ 60.31 $ 10,453.73 2 $ 63.32 $ 10,975.47
3 $ 66.49 $ 11,524.93
4 $ 69.81 $ 12,100.40
5 $ 73.30 $ 12,705.33
Fleet Services Superintendent 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Forensics Manager 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Government Affairs Manager 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Homeless Services Manager 1 $ 72.04 $ 12,486.93 2 $ 75.65 $ 13,112.67
3 $ 79.41 $ 13,764.40
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4 $ 83.36 $ 14,449.07
5 $ 87.57 $ 15,178.80
Housing Manager 1 $ 72.04 $ 12,486.93 2 $ 75.65 $ 13,112.67
3 $ 79.41 $ 13,764.40
4 $ 83.36 $ 14,449.07
5 $ 87.57 $ 15,178.80
Integrated Waste Manager 1 $ 66.14 $ 11,464.27 2 $ 69.47 $ 12,041.47
3 $ 72.93 $ 12,641.20
4 $ 76.56 $ 13,270.40
5 $ 80.41 $ 13,937.73
Integrated Waste Superintendent 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Internal Audit Manager 1 $ 60.31 $ 10,453.73 2 $ 63.32 $ 10,975.47
3 $ 66.49 $ 11,524.93
4 $ 69.81 $ 12,100.40
5 $ 73.30 $ 12,705.33
Investment and Treasury Officer 1 $ 60.43 $ 10,474.53 2 $ 63.44 $ 10,996.27
3 $ 66.62 $ 11,547.47
4 $ 69.94 $ 12,122.93
5 $ 73.45 $ 12,731.33
IT Manager 1 $ 72.03 $ 12,485.20 2 $ 75.63 $ 13,109.20
3 $ 79.41 $ 13,764.40
4 $ 83.38 $ 14,452.53
5 $ 87.56 $ 15,177.07
Library Services Manager 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Municipal Services Manager 1 $ 61.42 $ 10,646.13 2 $ 64.72 $ 11,218.13
3 $ 68.04 $ 11,793.60
4 $ 71.34 $ 12,365.60
5 $ 74.64 $ 12,937.60
Museum, Arts and Culture Manager 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Parks & Street Maintenance Manager 1 $ 66.14 $ 11,464.27 2 $ 69.47 $ 12,041.47
3 $ 72.93 $ 12,641.20
4 $ 76.56 $ 13,270.40
5 $ 80.41 $ 13,937.73
Parks and Streets Maintenance Superintendent 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Performance and Optimization Manager 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Permit Services Supervisor 1 $ 52.94 $ 9,176.27 2 $ 55.59 $ 9,635.60
3 $ 58.37 $ 10,117.47
4 $ 61.29 $ 10,623.60
5 $ 64.35 $ 11,154.00
Plan Check Engineer 1 $ 60.31 $ 10,453.73 2 $ 63.32 $ 10,975.47
3 $ 66.49 $ 11,524.93
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4 $ 69.81 $ 12,100.40
5 $ 73.30 $ 12,705.33
Police Communications Manager 1 $ 64.21 $ 11,129.73 2 $ 67.41 $ 11,684.40
3 $ 70.78 $ 12,268.53
4 $ 74.29 $ 12,876.93
5 $ 78.02 $ 13,523.47
Police Records Manager 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Principal Broadband Analyst 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Principal Construction Project Manager 1 $ 74.75 $ 12,956.67 2 $ 78.47 $ 13,601.47
3 $ 82.39 $ 14,280.93
4 $ 86.50 $ 14,993.33
5 $ 90.82 $ 15,742.13
Principal Engineer 1 $ 77.22 $ 13,384.80 2 $ 81.06 $ 14,050.40
3 $ 85.14 $ 14,757.60
4 $ 89.37 $ 15,490.80
5 $ 93.83 $ 16,263.87
Principal IT Analyst 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Principal Planner 1 $ 78.06 $ 13,530.40 2 $ 81.94 $ 14,202.93
3 $ 86.02 $ 14,910.13
4 $ 90.32 $ 15,655.47
5 $ 94.84 $ 16,438.93
Project Manager 1 $ 59.31 $ 10,280.40 2 $ 62.22 $ 10,784.80
3 $ 65.36 $ 11,329.07
4 $ 68.61 $ 11,892.40
5 $ 72.05 $ 12,488.67
Purchasing Manager 1 $ 60.31 $ 10,453.73 2 $ 63.32 $ 10,975.47
3 $ 66.49 $ 11,524.93
4 $ 69.81 $ 12,100.40
5 $ 73.30 $ 12,705.33
Purchasing Supervisor 1 $ 60.31 $ 10,453.73 2 $ 63.33 $ 10,977.20
3 $ 66.50 $ 11,526.67
4 $ 69.82 $ 12,102.13
5 $ 73.31 $ 12,707.07
Recreation/Community Services Manager 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Revenue Manager 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Risk/Safety Manager 1 $ 65.44 $ 11,342.93 2 $ 68.98 $ 11,956.53
3 $ 72.50 $ 12,566.67
4 $ 76.04 $ 13,180.27
5 $ 79.56 $ 13,790.40
Senior Associate Civil Engineer 1 $ 66.84 $ 11,585.60 2 $ 70.18 $ 12,164.53
3 $ 73.68 $ 12,771.20
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4 $ 77.36 $ 13,409.07
5 $ 81.21 $ 14,076.40
Senior Associate Engineer 1 $ 66.84 $ 11,585.60 2 $ 70.18 $ 12,164.53
3 $ 73.68 $ 12,771.20
4 $ 77.36 $ 13,409.07
5 $ 81.21 $ 14,076.40
Senior Economic Development Coordinator 1 $ 59.31 $ 10,280.40 2 $ 62.22 $ 10,784.80
3 $ 65.36 $ 11,329.07
4 $ 68.61 $ 11,892.40
5 $ 72.05 $ 12,488.67
Senior Financial Analyst 1 $ 60.43 $ 10,474.53 2 $ 63.44 $ 10,996.27
3 $ 66.62 $ 11,547.47
4 $ 69.94 $ 12,122.93
5 $ 73.45 $ 12,731.33
Senior Fire Business Analyst 1 $ 59.56 $ 10,323.73 2 $ 62.53 $ 10,838.53
3 $ 65.66 $ 11,381.07
4 $ 68.95 $ 11,951.33
5 $ 72.38 $ 12,545.87
Senior Landscape Architect 1 $ 60.31 $ 10,453.73 2 $ 63.32 $ 10,975.47
3 $ 66.49 $ 11,524.93
4 $ 69.81 $ 12,100.40
5 $ 73.30 $ 12,705.33
Senior Legislative Analyst 1 $ 53.90 $ 9,342.67 2 $ 56.60 $ 9,810.67
3 $ 59.42 $ 10,299.47
4 $ 62.39 $ 10,814.27
5 $ 65.48 $ 11,349.87
Senior Management Analyst 1 $ 53.90 $ 9,342.67 2 $ 56.60 $ 9,810.67
3 $ 59.42 $ 10,299.47
4 $ 62.39 $ 10,814.27
5 $ 65.48 $ 11,349.87
Senior Network Engineer 1 $ 65.44 $ 11,342.93 2 $ 68.74 $ 11,914.93
3 $ 72.16 $ 12,507.73
4 $ 75.79 $ 13,136.93
5 $ 79.56 $ 13,790.40
Senior Plan Check Engineer 1 $ 67.54 $ 11,706.93 2 $ 70.91 $ 12,291.07
3 $ 74.47 $ 12,908.13
4 $ 78.18 $ 13,551.20
5 $ 82.08 $ 14,227.20
Senior Planner 1 $ 64.54 $ 11,186.93 2 $ 67.78 $ 11,748.53
3 $ 71.15 $ 12,332.67
4 $ 74.70 $ 12,948.00
5 $ 78.44 $ 13,596.27
Senior Project Coordinator 1 $ 48.54 $ 8,413.60 2 $ 51.00 $ 8,840.00
3 $ 53.54 $ 9,280.27
4 $ 56.22 $ 9,744.80
5 $ 59.01 $ 10,228.40
Senior Project Manager 1 $ 65.48 $ 11,349.87 2 $ 68.77 $ 11,920.13
3 $ 72.23 $ 12,519.87
4 $ 75.83 $ 13,143.87
5 $ 79.62 $ 13,800.80
Senior Public Safety Business Analyst 1 $ 59.56 $ 10,323.73 2 $ 62.56 $ 10,843.73
3 $ 65.68 $ 11,384.53
4 $ 68.96 $ 11,953.07
5 $ 72.37 $ 12,544.13
Supervising Building Inspector 1 $ 63.55 $ 11,015.33 2 $ 66.69 $ 11,559.60
3 $ 70.06 $ 12,143.73
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4 $ 73.55 $ 12,748.67
5 $ 77.21 $ 13,383.07
Supervising Public Works Inspector 1 $ 63.55 $ 11,015.33 2 $ 66.69 $ 11,559.60
3 $ 70.06 $ 12,143.73
4 $ 73.55 $ 12,748.67
5 $ 77.21 $ 13,383.07
Sustainability Program Manager 1 $ 78.06 $ 13,530.40 2 $ 81.94 $ 14,202.93
3 $ 86.02 $ 14,910.13
4 $ 90.32 $ 15,655.47
5 $ 94.84 $ 16,438.93
Traffic/Transportation Manager 1 $ 90.86 $ 15,749.07 2 $ 95.39 $ 16,534.27
3 $ 100.18 $ 17,364.53
4 $ 105.19 $ 18,232.93
5 $ 110.43 $ 19,141.20
Urban Forestry Superintendent 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Utilities Engineering Manager 1 $ 90.86 $ 15,749.07 2 $ 95.39 $ 16,534.27
3 $ 100.16 $ 17,361.07
4 $ 105.19 $ 18,232.93
5 $ 110.43 $ 19,141.20
Utilities Operations Assistant Manager 1 $ 55.83 $ 9,677.20 2 $ 58.61 $ 10,159.07
3 $ 61.54 $ 10,666.93
4 $ 64.60 $ 11,197.33
5 $ 67.83 $ 11,757.20
Utilities Operations Manager 1 $ 70.53 $ 12,225.20 2 $ 74.06 $ 12,837.07
3 $ 77.74 $ 13,474.93
4 $ 81.61 $ 14,145.73
5 $ 85.70 $ 14,854.67
Utilities Project Manager 1 $ 62.70 $ 10,868.00 2 $ 65.86 $ 11,415.73
3 $ 69.13 $ 11,982.53
4 $ 72.59 $ 12,582.27
5 $ 76.23 $ 13,213.20
Wastewater Compliance Manager 1 $ 57.56 $ 9,977.07 2 $ 60.42 $ 10,472.80
3 $ 63.44 $ 10,996.27
4 $ 66.60 $ 11,544.00
5 $ 69.91 $ 12,117.73
Water Production Manager 1 $ 70.53 $ 12,225.20 2 $ 74.06 $ 12,837.07
3 $ 77.74 $ 13,474.93
4 $ 81.61 $ 14,145.73
5 $ 85.70 $ 14,854.67
Water Quality Programs Manager 1 $ 57.56 $ 9,977.07 2 $ 60.42 $ 10,472.80
3 $ 63.44 $ 10,996.27
4 $ 66.60 $ 11,544.00
5 $ 69.91 $ 12,117.73
Water Resources Manager 1 $ 77.22 $ 13,384.80 2 $ 81.06 $ 14,050.40
3 $ 85.14 $ 14,757.60
4 $ 89.37 $ 15,490.80
5 $ 93.83 $ 16,263.87
Water/Sewer Maintenance Manager 1 $ 62.70 $ 10,868.00 2 $ 65.86 $ 11,415.73
3 $ 69.13 $ 11,982.53
4 $ 72.59 $ 12,582.27
5 $ 76.23 $ 13,213.20

1346
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:

ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR
2025-26

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a combined public hearing for the districts and take the following actions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:

A
.

Adopt a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B
.

Adopt a Resolution conﬁrming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and C
.

Adopt a Resolution conﬁrming the diagram and assessment and providing for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The proposed Fiscal Year 2025-26 total special assessment revenue will be $677,459 from OPMAD Nos. 1, 2 and 3, and 4. For OPMAD Nos. 1, 2, and 3 (Zone 2000-1) the total estimated cost of $634,220 for administrative, operation, and maintenance will exceed assessment revenues of $264,555 by $369,665. If approved, appropriations from the General fund will be included in future budget updates as needed for the City Contribution to Parkway Maintenance.

The assessment revenues for OPMAD No. 3 (Zone 2000-2) and OPMAD No. 4 are suﬃcient to pay all expenses within the respective districts.

BACKGROUND & ANALYSIS:

The ﬁrst of these districts was formed in 1976 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act). Additional territories are annexed to the districts from time to time as development proceeds. The districts were formed to help minimize the continually increasing cost of maintaining and operating the landscaping along public streets 1347
where the property owners do not have direct access to the landscaping. A special assessment is levied annually on beneﬁting properties for the cost of operation and maintenance of certain parkway landscaping facilities within the districts. The City’s Public Works Agency establishes the annual operation, and maintenance costs and administers the maintenance of the landscaping. As required by the 1972 Act, an Engineer’s Report for each district is prepared annually by the City's consultant, Willdan Financial Services, which apportions these costs to each parcel within the districts. The locations of the districts are shown on the maps attached to this report.

OPMAD Nos. 1, 2, and 3 are comprised of single-family residential developments. Due to varying characteristics, the districts are organized into beneﬁt zones and/or maintenance areas. Each zone or maintenance area is assessed for only the operation and maintenance of the facilities from which it receives special direct beneﬁt. The total assessment for eac h maintenance area is then
apportioned to its constituent parcels.

Special assessment revenue will be generated in the
combined amount of $288,705 from OPMAD Nos. 1, 2 and 3. In Exhibit A, are the proposed and maximum tax rates for Fiscal Year 2025-26 and the assessed tax rates for Fiscal Year 2024-25.

OPMAD No. 4 is comprised of single-family residential tracts and the Ontario Mills development area. The district is organized into 6 maintenance areas. Each maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special beneﬁt.

The total assessment for each maintenance area is then apportioned to its constituent parcels.

The
assessments for OPMAD No. 4 will generate a total of $388,750. OPMAD No. 4 will generate suﬃcient revenue to pay all expenses within the service area. The assessed tax rates for Fiscal Year 2024-25
, and the maximum and proposed tax rates for Fiscal Year 2025-26
, are shown in Exhibit A.

O
n June 17, 2025
, the City Council adopted Resolutions which ordered the preparation of Engineer's Reports for the annual levy of assessments within each district, pre liminarily approved the
Engineer's Reports, declared Council's intention to levy and collect assessments within the districts for the referenced ﬁscal year, and set July 15, 2025, as the date for the public hearing for each
district. Notices of the public hearings have been published, and proof of publication is on ﬁle in the Records Management Department.

The Engineer’s Reports, which have been prepared for each district pursuant to the 1972 Act, are on ﬁle in the Records Management Department. Each report includes plans and speciﬁcations for the improvements and maintenance, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within each District. 1348
Prior Year Maximum
2024-25 2025-26
OPMAD No. 1 $ 66.32 per Lot $ 66.32 per Lot $ 66.32 per Lot OPMAD No. 2 $ 34.04 per Lot $ 34.04 per Lot $ 34.04 per Lot OPMAD No. 3, Zone 2000-1 $ 41.29 per Lot $ 41.29 per Lot $ 41.29 per Lot OPMAD No. 3, Zone 2000-2 $ 207.62 per Lot $ 303.03 per Lot $ 213.72 per Lot Prior Year Maximum
2024-25 2025-26
MA#99-1 $ 61.99 per Lot $ 73.74 $ 63.81 per Lot MA#99-2 $ 403.89 per Lot $ 465.11 $ 415.76 per Lot MA#99-3 $ 1,255.02 per Acre $ 1,670.13 $ 1,291.87 per Acre MA#00-1 $ 295.02 per Lot $ 458.07 $ 303.69 per Lot MA#04-1 $ 1,186.71 per Lot $ 2,917.83 $ 1,221.60 per Lot MA#05-1 $ 1,630.38 per Lot $ 3,616.81 $ 1,678.31 per Lot Proposed
2025-26
Exhibit A
Ontario Parkway Maintenance Assessment Districts 1, 2 & 3 Proposed Levy Rates FY 2025-26
Ontario Parkway Maintenance Assessment District 4
Proposed Levy Rates FY 2025-26
Proposed
2025-26
1349

E PHILADELPHIA ST

S GROVE AV

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

W PHILLIPS ST

N ARCHIBALD AV

S VINEYARD AV

S BON VIEW AV

S SAN ANTONIO AV

N VINEYARD AV
N
G
R
O
VE
AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AV

S CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S CAMPUS AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

W PHILADELPHIA ST

N BENSON AV

N CUCAMONGA AV

N BAKER AV
S.R.-60 FWY E.B.

S PALMETTO AV

N PALMETTO AV
N
EU
CLID
AV

N TURNER AV

S TURNER AV

S HELLMAN AV

S BENSON AV

E PHILLIPS ST

W M IS S IO N B L

E MISSION BL

S CUCAMONGA AV

S WALKER AV
S.R.-60 FWY W.B.

W WALNUT AV
Date: 4/7/2025
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California.Legend
Areas Maintained
Boundary of Area Assessed
.
0 0.750.38 Miles
Ontario Parkway Maintenance
District No. 1 Vicinity Map
1350

E P H ILA D E L P H IA S T

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

E S IX T H S T

W PHILLIPS ST

N ARCHIBALD AV
S
BO
N
VIEW
AV

S SAN ANTONIO AV
N
VIN
EYAR
D
AV
N
G
R
O
VE
AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AVS CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S CAMPUS AV

S VINEYARD AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

W PHILADELPHIA ST

N BENSON AV

N CUCAMONGA AV

N BAKER AV

S PALMETTO AV

S GROVE AV
N
EU
C
LID
AV
S
EU
C
LID
AV

N TURNER AV

E EIGHTH ST

S TURNER AV

S HELLMAN AVS BENSON AV

E PHILLIPS ST

W MISSION BL

E MISSION BL

S CUCAMONGA AV

S WALKER AV

N HELLMAN AV
S.R.-60 FWY E.B. S.R.-60 FWY W.B.

W WALNUT AV
Date: 4/7/2025
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California.Legend
Areas Maintained
Boundary of Area Assessed
.
0 0.950.47 Miles
Ontario Parkway Maintenance
District No. 2 Vicinity Map
1351
Landscape buffer in SCE R/W
not yet installed.

Future bike path.

Entry statement in easement only.

S.C.E.

S.C.E. S.C.E.

S.C.E.

LOWER DEER CREEK CHANNEL

E P H ILA D E L P H IA S T

S BON VIEW AV

S VINEYARD AV
S
EU
C
LID
AV

S BAKER AV

S CAMPUS AV

S SULTANA AV S GROVE AV

S TURNER AV

S CUCAMONGA AV

E WALNUT ST

S ARCHIBALD AV

S WALKER AV
S.R.-60 FWY E.B.

E CHINO AV

E M ISSIO N BL

S HELLMAN AV

E SCHAEFER AV

E RIVERSIDE DR
S.R.-60 FWY W.B.

Date: 4/7/2025
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California.Legend
Areas Maintained
Boundary of Area Assessed
.
0 0.550.28 Miles
Ontario Parkway Maintenance
District No. 3 Vicinity Map
1352

E P H ILA D E L P H IA S T

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

W PHILLIPS ST

N ARCHIBALD AV
S
BO
N
VIEW
AV

S SAN ANTONIO AV
N
VIN
EYAR
D
AV
N
G
R
O
VE
AV

S CAMPUS AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AVS CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S VINEYARD AV

S TURNER AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

N CUCAMONGA AV

S GROVE AV

N BAKER AV

S PALMETTO AV
N
EU
C
LID
AV
S
EU
C
LID
AV

W PHILADELPHIA ST

N TURNER AV

S HELLMAN AV

E PHILLIPS ST

E RIVERSIDE DR

E MISSION BL

S CUCAMONGA AV

S WALKER AV
S.R.-60 FWY E.B. S.R.-60 FWY W.B.

W WALNUT AV
Date: 4/7/2025
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California.Legend
Areas Maintained
MA - # Boundary and Maintenance Area #
.
0 0.850.42 Miles
Ontario Parkway Maintenance
District No. 4 Vicinity Map
1353
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE ENGINEER'S REPORTS FOR THE

ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR
FISCAL YEAR 2025-26.

WHEREAS, the City Council of the City of Ontario , California, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California, did, by previous Resol ution, order the preparation of Engineer's Reports for the annual levy of assessments, consisting of plans and specifications, cost estimates, diagrams of the districts, and the assessment relating to what are now known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 and 4

(hereinafter referred to as the Districts); and

WHEREAS, there have now been presented to this City Council the Reports as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and

WHEREAS, this City Council has approved on a preliminary basis the Reports by a previous Resolution, and ordered the Reports to be filed in the Records Management Department to be open to public inspection; and

WHEREAS, this City Council has now examined and reviewed the Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Reports as presented, consisting of the following:

A. Plans and Specifications,
B. Estimates of cost,
C. Diagrams of the Districts, and
D. Assessment of the estimated cost

Are hereby approved and are ordered to be filed in the Records Management Department, as a permanent record and to remain open to public inspection.

1354
SECTION 3. That the City Clerk shall certify the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's Reports.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1355

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 July 15, 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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1356
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAMS AND ASSESSMENTS,

AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN
ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 FOR FISCAL YEAR 2025-26.

WHEREAS, the City Council of the City of Ontario, California , has initiated proceedings for the annual levy of assessments in special maintenance districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3

(hereinafter referred to as the Districts); and

WHEREAS, the City Council has ordered the preparation of the Engineer’s Reports, and the Engineer’s Reports have been prepared and filed with this City Council pursuant to law for its consideration, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above referenced Districts, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of the proposed assessments; and

WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That the estimates of costs, the assessment diagrams, the assessments and all other matters, as set forth in the Engineer's Reports pursuant to said "Landscaping and Lighting Act of 1972," as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Engineer's Reports, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

1357
SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the referenced fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

SECTION 8. That the City Treasurer has previously established a special fund into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of the Resolution and the law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer.

SECTION 10. That a certified copy of the assessments and diagrams shall be filed in the Office of the City Manager, with a duplicat e copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

1358

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1359

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1360
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR
FISCAL YEAR 2025-26.

WHEREAS, the City Council of the City of Ontario, California , has initiated proceedings for the levy of the annual assessment in a special maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Landscaping Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the “Assessment Law”), in a special maintenance district known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4
(hereinafter referred to as the “District”); and

WHEREAS, the City Council has ordered the preparation of an Engineer’s Report, and such a report (the “Assessment Engineer’s Report”) has been prepared and filed with this City Council for its consideration pursuant to Assessment Law, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above -referenced District, and further did proceed to give notice of the time and place for the Public Hearing on all matters relating to said annual levy of the proposed assessment; and

WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

SECTION 3. That based upon the Assessment Engineer’s Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for the referenced Fiscal Year:

1361
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

D. There are no publicly owned parcels within the District.

E. The assessments do not exceed the maximum ann ual assessments previously authorized to be levied pursuant to the Assessment Law.

The estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Assessment Engineer’s Report pursuant to the Assessment Law as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 4. That this City Council hereby confirms and orders the annual levy of the assessments for the referenced fiscal year in the amounts as set forth in the Assessment Engineer's Report, and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 7. That the County Auditor shall enter on the County Assessment Roll the amount of the Assessment and said Assessment shall t hen be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City.

1362
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1363

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1364
Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 21
SUBJECT:

ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2025-26

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a combined public hearing for the districts and take the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2, and:

A
.

Adopt a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B
.

Adopt a Resolution conﬁrming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C
.

Adopt a Resolution conﬁrming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The proposed Fiscal Year 2025-26 total special assessment revenue is $368,131 from the SLMD No. 1 and $104,777 from SLMD No. 2. A portion of the facilities within SLMD No. 1 provides a general beneﬁt to the public at large and cannot be funded with the assessment. The amount of the general beneﬁt is $36,719. The Fiscal Year 2025-26 Adopted Budget includes a City Contribution of $12,000 from the General Fund.

If approved, appropriations in the General Fund
will be included in future Annual Budgets to City Council for approval as needed for the City Contribution to Streetlight Maintenance.

Excluding the general beneﬁt portion located in SLMD No. 1, both districts will have sufficient revenue to cover expenditures.

BACKGROUND & ANALYSIS:

Street Lighting Maintenance District No. 1 was formed in 1984, and Street Lighting Maintenance District No. 2 was formed in 1999, pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act), to help minimize the continually increasing cost for maintaining 1365
and operating the City’s street lighting system. A special assessment is levied annually on beneﬁting properties for the cost of maintenance and operation of certain street lighting facilities within the districts. The locations of the districts are shown on the provided maps.

The City’s Public Works Agency establishes the annual maintenance costs and maintains the street lighting system. As required by the 1972 Act, an Engineer’s Report for each district is prepared annually by the City's consultant, Willdan Financial Services, apportioning the costs to each parcel within the districts. The districts are comprised of commercial, industrial and some multi-family residential properties. Due to varying characteristics, the districts are organized into beneﬁt zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special beneﬁt. The total assessment for each zone/maintenance area is then apportioned to its constituent parcels. Therefore, the assessments are unique and specific to each individual parcel of property.

The City's proposed Fiscal Year 2025-26 levy for the two street light maintenance districts is based on the Fiscal Year 2025-26 proposed budget. The proposed total assessments for tax year 2025-26 are $368,131 in SLMD No. 1, and $104,777 in SLMD No. 2. A portion of the facilities within SLMD No. 1 provide a general beneﬁt to the public at large and cannot be funded with the assessment. A City Contribution for the general beneﬁt will be funded by the General Fund and included in future Annual Budgets as needed. The assessed tax rates for Fiscal Year 2024-25, and the maximum and proposed tax rates for Fiscal Year 2025-26, are shown in Exhibit A.

On June 17, 2025, the City Council adopted Resolutions which ordered the preparation of Engineer's Reports for the annual levy of assessments within each district, preliminarily approved the Engineer's Reports, declared City Council's intention to levy and collect assessments within the districts for the referenced ﬁscal year, and set July 15, 2025, as the date for the public hearing for each district. Notices of the public hearings have been published, and proof of publication is on ﬁle in the Records Management Department.

The Engineer’s Reports, which have been prepared for each district pursuant to the 1972 Act, are on ﬁle in the Records Management Department. Each district’s report is on ﬁle in the Records Management Department. Each report includes plans and speciﬁcations for the improvements being operated and maintained, an estimate of costs, a diagram of the area proposed to be assessed, and an assessment of the costs to the various parcels within the districts. 1366
Prior Year Maximum Proposed
2024-25 2025-26 2025-26
SLMD No. 1, Zone 2000-1 per AU 119.17$ 195.88$ 122.67$
SLMD No. 1, Zone 2000-2 per AU 69.32$ 160.55$ 71.35$
SLMD No. 2, MA# 99-1 3,895.00$ 13,970.00$ 4,883.00$
SLMD No. 2, MA# 99-2 2,498.00$ 6,946.00$ 2,347.00$
SLMD No. 2, MA# 99-3 4,389.00$ 11,577.00$ 3,912.00$
SLMD No. 2, MA# 99-4 1,638.00$ 4,636.00$ 1,565.00$
SLMD No. 2, MA# 99-5 2,387.00$ 4,346.00$ 2,723.00$
SLMD No. 2, MA# 99-6 14,158.00$ 40,569.00$ 14,201.00$
SLMD No. 2, MA# 99-7 945.00$ 1,255.00$ 1,061.00$
SLMD No. 2, MA# 99-8 3,330.00$ 9,262.00$ 3,912.00$
SLMD No. 2, MA# 00-1 3,862.00$ 4,262.00$ 3,912.00$
SLMD No. 2, MA# 00-2 1,665.00$ 2,843.00$ 1,565.00$
SLMD No. 2, MA# 00-3 9,155.00$ 15,627.00$ 8,607.00$
SLMD No. 2, MA# 00-4 56,856.00$ 89,485.00$ 56,088.00$

EXHIBIT A
Street Light Maintenance Districts 1 & 2 Proposed Levy Rates FY 2025-26 1367
1368
1369
RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THE ENGINEER'S REPORTS FOR THE

ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICTS NO. 1 AND 2 FOR FISCAL YEAR 2025-26.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California, did, by previous Resolution, ord er the preparation of Engineer's Reports for the annual levy of assessments, consisting of plans and specifications, cost estimates, diagrams of the districts, and the assessments relating to what are now known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2

(hereinafter referred to as the Districts); and

WHEREAS, there have now been presented to this City Council the Reports as required by said Division 15 of the Streets and Highways Code and as previously directed by Resolution; and

WHEREAS, this City Counci l has now examined and reviewed the Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments have been spread in accordance with the benefits received from the maintenance to be performed as set forth in said Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Reports as presented, consisting of the following:

A. Plans and Specifications,
B. Estimates of cost,
C. Diagrams of the Districts, and
D. Assessment of the estimated costs

are hereby approved, and are ordered to be filed in the Records Management Department, as a permanent record and to remain open to public inspection.

1370
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's Reports.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1371

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1372
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET
LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025-26.

WHEREAS, the City Council of the City of Ontario, California , has initiated proceedings for the levy of the annual assessment in a street lighting maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Lighting Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Lighting Act, Article XIIID and the Implementation Act may be referred to collectively herein as the “Assessment Law”), in a special maintenance district known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 1

(hereinafter referred to as the “District”); and

WHEREAS, the City Council has ordered the preparation of an Engineer’s Report, and such report (the “Assessment Engineer’s Report”) has been prepared pursuant to the Assessment Law and filed with this City Council for its consideration, and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the referenced fiscal year relating to the above -referenced District, and further did proceed to give notice of the time and place for the Public Hearing on all matters relating to said annual levy of the proposed assessment; and

WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

1373
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

D. All parcels within the District that are owned or used either by a local government, the State of California or the United States and which specially benefit from the improvements to be maintained are being assessed.

E. The assessments do not exceed the maximum annual assessments previously authorized to be levied pursuant to the Assessment Law.

The estimate of costs, the assessment diagram, the assessments and all other matters, as set forth in the Assessment Engineer’s Report pursuant to the Assessment Law as submitted, are hereby approved, adopted by this City Council, and hereby confirmed.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

SECTION 9. That the City Manager is hereby ordered and directe d to file, or cause to be filed, the assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption.
1374
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1375

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1376
RESOLUTION NO. ________

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND

PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET
LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2025-26.

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 2

(hereinafter referred to as the “District”); and

WHEREAS, at this time this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn are hereby overruled and denied.

1377
A. The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.

B. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.

C. Only the special benefits have been assessed.

E. The assessments do not exceed the maximum annual assessments previously authorized to be levied pursuant to the Assessment Law.

SECTION 5. That the adoption of this Resolution constitutes the levy of the assessments for the fiscal year.

SECTION 6. That the maintenance work of improvements contemplated by the Resolution of Intention shall be performed pursuant to law.

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SECTION 10. That a certified copy of the assessment and diagram shall be filed in the Office of the City Manager, with a duplicate copy on file in the Records Management Department and open for public inspection.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1379

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1380
Department: Financial Services
Prepared By: Cruz Torres
Department:

Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 22
SUBJECT:

A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES); AND INTRODUCTION OF AN ORDINANCE

LEVYING SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider and:

A
.

Adopt a Resolution of Formation of Community Facilities District No. 74 (Remington APG LLC Services), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B
.

Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 74 (Remington APG LLC Services);
C
.

Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D
.

Introduce and waive further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The use of Mello-Roos ﬁnancing in the Remington Industrial development is
projected to generate approximately
$50,021
per year, at buildout, to fund administrative fees and
municipal services.

City Council approval will be required to process annual special tax levies in future years.

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BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to ﬁnance municipal services.

Municipal services that may be funded by a community facilities district include: police protection services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting or parks, parkways, streets, roads and open space, ﬂood and storm protection services, maintenance and operation of ﬁber optic telecommunications, wireless communication and public safety camera systems and maintenance and operation of any real property of other tangible property with an estimated useful life of ﬁve or more years that is owned by the City.

Under the
Mello-Roos Act the initial steps in the formation of a community facilities district to ﬁnance municipal services are to adopt resolutions decla
ring the intention to establish a community
facilities district and authorize the levy of special taxes. Accordingly, on June 3, 2025 ,
the City
Council approved Resolution
No. 2025-048
, a Resolution of Intention to establish City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) and authorize the levy of special taxes.

The Resolution of Intention set the public hearing date for the regularly scheduled City Council meeting on July 15, 2025, to consider formation matters.

The Remington APG LLC Services project addresses the development of 10.01 gross acres located south of Merrill Avenue, north of Remington Avenue, west of Archibald Avenue, and east of Carpenter Street. At build out, the project is expected to include three industrial buildings totaling approximately 200,000 square feet.

Included, as part of the Resolution of Formation is the proposed Rate and Method of Apportionment of Special Tax for the District. The term and structure of the Rate and Method of Apportionment of Special Tax for the Remington APG LLC Services project is consistent with those of previously adopted Rates and Methods of Apportionment for Ontario Ranch community facilities districts. This ensures that the special tax rates levied on all residential property owners in community facilities districts in Ontario Ranch are developed in a consistent and equivalent manner. In addition, under the provisions of the Mello-Roos Act, to ensure that home buyers are making an informed decision, all residential builders in the Ontario Ranch districts are required to disclose the maximum annual special tax amount to each homeowner before entering into a sales contract.

Attached are three Resolutions and an Ordinance. The ﬁrst attached Resolution establishes the community facilities district, with the rate and method of apportionment of special taxes and authorizes the levy of special taxes within the district. The second attached Resolution calls for a special landowner election to be held on July 15, 2025. The third attached Resolution declares the results of the election, including a statement from the City Clerk as to the canvass of ballots, and directs the recording of the Notice of Special Tax Lien. The attached Ordinance authorizes the levying of special taxes.
1382
RESOLUTION NO. ___

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

CALIFORNIA, OF FORMA TION OF CITY OF ONTARIO COMM UNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LL C SERVICES) ,

PROPOSING THAT THE C OMMUNITY FACILITIES DISTRICT BE

AUTHORIZED TO L EVY A SPECIAL TAX AN D PROPOSING THAT AN

APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.

WHEREAS, on June 3, 2025 , the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello -Roos Community Fac ilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities Distric t No. 74 (Remington APG LLC Services) and to Authorize the Levy of a Special Tax Therein” (the “Resolution of Intention”), stating its intention to establish City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”) , to authorize the Community Facilities District to levy a special tax within the Community Facilities District for the purpose of financing certain services and setting the date for a public hearing to be held on the establishment of the Community Facilities District; and WHEREAS, pursuant to the Resolution of Intention, notice of said public he aring was published in the Inland Valley Daily Bulletin , a newspaper of general circulation published in the area of the Community Facilities D istrict, in accordance with the Act; and
WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing on e or more of the proposed types of services to be financed by the Community Facilities District was directed to s tudy, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Cou ncil containing a brief description of the services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing such services; such officers were also directed to estimate the fair and reasonable cost of the incidental expenses proposed to be paid; and
WHEREAS, said report was so filed with the City Council and made a part of the record of said public hearing; and
WHEREAS, at the hearing, the testimon y of all persons for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of services was heard; and 1383
WHEREAS, written protests against the establishment of the Community Facilities District, the furnishing of any specified type or types of services within the Community Facilities District or the levying of a specified special tax were not made or filed at or before said hearing by 50% or more of the regis tered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one -half or more of the area of land in the territory proposed to be included in the Com munity Facilities District and not exempt from the special tax; and
WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of June 10, 2025, which demonstrates that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of said public hearing;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

SECTION 2. The Community Facilities District is hereby established.

SECTION 3. The name for the Community Facilities District is “City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).” SECTION 4. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit A hereto. The incidental expenses propo sed to be incurred are identified under the caption “Incidental Expenses” on Exhibit A hereto. No facilities are proposed to be financed by the Community Facilities District.

SECTION 5. The proposed special tax to be levied within the Community Facilities District has not been precluded by majority protest pursuant to Section 53 324 of the Act.

SECTION 6. The City Council proposes that, except where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “Special Tax”) sufficient to pay for all Services, secured by recordation of a continuing lien against all nonexe mpt real property in the Community Facilities District. The rate , method of apportionment and manner of collection of the Special Tax, in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate th e maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit B , which is by this reference incorporated herein. The obligation to pay the Special Tax may not be prepaid and permanently satisfied. The Special Tax will be collected in the 1384
same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

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

SECTION 8. The name, address and telephone number of the office , department or bureau that will be responsible for preparing annually a current roll of Special Tax levy obligations by assessor’s parcel number and that will be responsible for estimating further Special Tax levies pursuant to Section 53340.2 of the Act are as follows: City of Ontario, Financial Services Agency, 303 East B Street, Ontario, California 91764, (909) 395-2015 or email [email protected].

SECTION 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the Community Facilities District and this lien shall continue in force and effect until the Special Tax obligation is canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of the Special Ta x is recorded in accordance with Section 53330.5 of the Act.

SECTION 10. The boundary map of the Community Facilities District has been recorded in San Bernardino County in Book 92 at Page 40 of Maps of Assessments and Community Facilities Districts in the San Bern ardino County Recorder’s Office (Document No. 2025-0129912).

SECTION 11. The City Council proposes that the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District be established at $2,600,000.

SECTION 12. Pursuant to the provisions of the Act, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Fac ilities District as of June 10, 2025, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District. Accordingly, pursuant to Section 53 326 of the Act, the vote sh all be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax . The voting procedure shall be by mailed or hand-delivered ballot.
1385
SECTION 13. The City Council hereby finds and determines that all proceedings up to and including the adoption of this R esolution were valid and in conformity with the requirements of the Act. In accordance with Section 53 325.1 of the Act, such finding shall be final and conclusive.

SECTION 14. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are he reby approved, confirmed and ratified.

SECTION 15. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 16. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1386

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1387

EXHIBIT A

SERVICES AND INCIDENTAL EXPENSES

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

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

1388

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

1389

City of Ontario CFD No. 74 1 April 29, 2025

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (“CFD No. 74”) and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below. All of the real property in CFD No. 74, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

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

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

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

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 74: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 74 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special T ax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 74 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 74; and amounts estimated or advanced by the City or CFD No. 74 for any other administrative purposes of CFD No. 74, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

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

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

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

“CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
1390

City of Ontario CFD No. 74 2 April 29, 2025

“CFD No. 74” means City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 74.

“County” means the County of San Bernardino.

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

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

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

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 74 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

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

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

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

“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2024, and before May 1 of the prior Fiscal Year, for a Non-Residential use.

“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 74 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

1391

City of Ontario CFD No. 74 3 April 29, 2025
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 74 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right- of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.

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

“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2024, and before May 1 of the prior Fiscal Year.

“Services” means the services authorized to be financed, in whole or in part, by CFD No. 74, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; maintenance and operation of fiber optic telecommunication, wireless communication, and public safety camera systems; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

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

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 74 to be levied within the boundaries of CFD No. 74.

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

“Square Footage” or “Sq. Ft.” means, with respect to a building of Non -Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropri ate means selected by CFD No. 74, for such building, plus any square footage subsequently added to a building of Non -Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

1392

City of Ontario CFD No. 74 4 April 29, 2025
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 74 which are not exempt from the Special Tax pursuant to law or Section E below.

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

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 2025-26, all Taxable Property within CFD No. 74 shall be classified as Residential Property (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit) or Non - Residential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

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

T
ABLE 1

MAXIMUM SPECIAL TAX

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

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

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

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of Non- Residential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 1393

City of Ontario CFD No. 74 5 April 29, 2025
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 20 25-26, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parcel , until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

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

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

F. APPEALS

Any property owner may file a written appeal of the Special Tax with CFD No. 74 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

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

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

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

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

1394

City of Ontario CFD No. 74 6 April 29, 2025
G. MANNER OF COLLECTION

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

H. TERM OF SPECIAL TAX

The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 74.

1395
RESOLUTION NO. _____

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

CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LL C

SERVICES)
.

WHEREAS, on this date, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “ A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) , Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Commun ity Facilities District Be Established ” (the “Resolut ion of Formation”), establishing City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”), proposing that the Community Facilities District be authorized to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain services and proposing that an appropriations limit of the Community Facilities District be established at $2,600,000; and

WHEREAS, pursuant to the provisions of the Act and the Resolution of Formation, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District are to be submitted to the qualified electors of the Commun ity Facilities District at a special election; and

WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for such special election; and

WHEREAS, there has been filed with the City Clerk a le tter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of June 10, 2025 , which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District; and

WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, consenting to the holding of said special election on July 15, 2025 and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and

WHEREAS, the City Clerk has conc urred in said waivers and has concurred in holding said special election on July 15, 2025;

1396
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

SECTION 2. Pursuant to Sections 53326 and 53325.7 of the Act, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District shall be submitt ed to the qualified electors of the Community Facilities District at an election called therefor as provided below.

SECTION 3. The City Clerk is hereby designated as the official to conduct said election.

SECTION 4. As authorized by Section 53353.5 of the Act, the propo sitions to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District shall be combined into one ballot proposition.

SECTION 5. The City Council hereby finds and determines t hat no persons were registered to vote within the territory of the Community Facilities District as of June 10, 2025, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilitie s District and each person who is the owner of land as of the close of said public hearings, or the authoriz ed representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of th e Act and any requirement pertaining to the conduct of said election, (b) unanimously consented to the holdi ng of said election on July 15, 2025, and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttal s, as set forth in Sections 53326 and 53327 of the Act. The City Council her eby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on July 15, 2025.

SECTION 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities to levy the Special Tax and to establish the appropriations limit of the Community Facilities District at $2,600,000, which election shall be held at 303 East B Street, Ontario, California , on July 15, 2025 . The City Council has caused to be provided to the City Clerk, as the official to conduct the election, the Resolution of Formation, a certified map of s ufficient scale and clarity to 1397
show the boundaries of the Community Facilities District and a sufficient des cription to allow the City Clerk to determine the boundaries of the Community Facilities District.

The voted ballots shall be returned to the City Clerk not later than 7:30 p.m. on July 15, 2025; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

SECTION 8. Pursuant to Section 53326 of the Act, the electi on shall be conducted by mail or hand -delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, shall govern the election.

SECTION 9. The form of the ballot for the election, which sets forth the measure to be submitted to the voters, is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The Ci ty Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form , together with all supplies and written instructions necessary for the use and return of the ballot. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

The identification envelope for return of a ballot shall be enclosed with such ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c ) the printed name and signature of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.

Analysis and arguments with respect to the measure submitted to the voters are hereby waived, as provided in Section 53327 of the Act.

SECTION 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 303 East B Str eet, Ontario, California, to and includ ing 7:30 p.m. on July 15, 2025, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots that may be marked at said location on the election day by said qualified electors.

SECTION 11. The City Council hereby determines that the services financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District.

SECTION 12. All actions heretofore taken by the o fficers, employees and agents of the City with respect to the special election called pursuant hereto , or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
1398

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

SECTION 14. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1399

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 Onta rio at their reg ular meeting held July 15, 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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1400

EXHIBIT A

OFFICIAL BALLOT

CITY OF ONTARIO
July 15, 2025

SPECIAL ELECTION

This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ____.

INSTRUCTIONS TO VOTERS:

To vote on the measure, mark a cross (+ or X) in the voting squ are after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Ontario and obtain another.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)

MEASURE: Shall the measure to authorize City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”) to levy a special tax in order to finance certain services and to establish the annual appropriations limit of the Community Facilities District at $2,600,000, as specified in the resolution adopted by the City Council of the City of Ontario on July 15, 2025 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) , Pro posing that the
Community Facilities District be Authorized to Levy a Special Tax and Propos ing that an Appropriations Limit of the
Community Facilities District Be Established,” be adopted?

Yes:

No:

1401
RESOLUTION NO. _____

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

CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND
DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

WHEREAS, on July 15, 2025, the City Council (the “City Council”) of t he City of Ontario (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Commu nity Facilities District No. 74 (Remington APG LLC Services)” (the “Resolution Calling Election”), calling a special election to submit to the qualified electors of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Com munity Facilities District”) the combined ballot proposition to authorize the Community Facilities District to levy a special tax and to establish the appropriations limit of the Community Facilities District; and

WHEREAS, pursuant to the terms of the Res olution Calling Election and the provisions of the Act, the special election was held on July 15, 2025; and

WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Stateme nt of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A;

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

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

SECTION 2. The City Council has received, reviewed and hereby accepts the Canvass.

SECTION 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to t he Resolution Calling Election has been passed and approved by such electors in accordance with Section 53328 and Section 53325.7 of the Act.

SECTION 4. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, said recording to occur no later than 15 days following adoption by the City Council of this Resolution.

SECTION 5. All actions heretofore taken by the officers, employees a nd agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

1402
SECTION 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 7. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1403

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 July 15, 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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1404

EXHIBIT A

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)

CANVASS AND STATEMENT OF RESULTS OF ELECTION

I hereby certify that on July 15, 2025 , I canvassed the returns of the special election for City of Ontario Comm unity Facilities District No. 74 (Remington APG LLC Services) held on July 15, 2025, that the total number o f ballots cast in said Community Facilities District and the total number of votes cast for and against the combined ballot proposition submitted to the qualified electors of the Community Facilities District are as follows and that the totals as shown for and against such proposition are true and correct:

Qualified
Landowner
Votes

Votes
Cast

YES

City of Ontario Community Facilities
District No. 74 (Remington APG LLC
Services) Special Election, July 15, 2025
11 ___ ___ ___

MEASURE: Shall the measure to authorize City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”) to levy a special tax in order to finance certain services and to establish the annual appropriations limit of the Community Facilities District at $2,600,000, as specified in the resolution adopted by the City Council of the City of Ontario on July 15, 2025 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) , Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ,” be adopted?

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 15th day of July, 2025.

By:

SHEILA MAUTZ, CITY CLERK

1405
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DIS TRICT NO. 74 (REMINGTON APG LL C SERVICES).

WHEREAS, on July 15, 2025 , the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and

WHEREAS, subse quent to the close of said hearing, the City Counc il adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services), Proposing that the Community Facilities District be Aut horized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ” (the “Resolution of Formation”) and “A Resolution of the City Council of the Cit y of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 74 (Remington APG LLC Services),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Commu nity Facilities District , proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and

WHEREAS, on July 15, 2025 , an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and

WHEREAS, the City Council is the legislative body of the Community Facilities District;

1406

THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS
FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance . In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be lev ied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other ma nner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. 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 Cle rk 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.
1407
PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1408

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held July 15, 2025 and adopted at the regular meeting held ___________, 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 ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
1409

4135-4402-7484.1

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)

CONCURRENCE OF ELECTION OFFICIAL

I, Sheila Mautz, City Clerk of the City of Ontario (the “City”), hereby certify as follows:
(a) that I am the election official responsible for conducting special elections in the City; and
(b) that, pursuant to Section 53326(a) of the Mello -Roos Community Facilities Act of 1982 (the “Act”), I do hereby concur in (i) the holding on the date hereof of the special election to submit to the qual ified electors of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to levy a special tax and to establish an appropriations limit of the Community Facilities District, as provided in the resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 74 (Re mington APG LLC Services),” proposed to be adopted by the City Council of the City on the date hereof, and (ii) the waiving by the unanimous consent of the qualified electors of the Community Facilities District of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of the election.

Dated: July 15, 2025

Sheila Mautz, City Clerk
1410

4129-4011-3244.2

RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:

City Clerk
City of Ontario
303 East B Street
Ontario, California 91764

NOTICE OF SPECIAL TAX LIEN

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 74
(REMINGTON APG LLC SERVICES)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Mello-Roos Community Facilities Act of 1982 (the “Act”), the undersigned City Clerk of the City of Ontario, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Ontario, County of San Bernardino, State of California. The special tax secured by this lien is authorized to be levied for the purpose of providing the services described in Exhibit A.

The special tax is authorized to be levied within City of Ontario Comm unity Facilities District No. 74 (Remington APG LLC Services) (the “Community Facilities District”) that has now been officially formed and the lien of the speci al tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Act.

The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. No pro vision has been made for the prepayment of the special tax.

Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of San Bernardino, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the Community Facilities District in accordance with Section 3115.5 of the California Streets and Highways Code.

The name(s) of the owner(s) and the assessor’s tax parcel number(s) of the real property included within the Community Facilities District and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof.

Reference is made to the boundary map of the Community Facilities District recorded at Book 92 of Maps of Assessment and Community Facilities Districts at Page 40, in the office of the County Recorder for the County of San Bernardino, State of California (Document No. 2025-0129912), which map is now the final boundary map of the Community Facilities District.
1411

2 4129-4011-3244.2

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Ontario, Financial Services Agency, 303 East B Stree t, Ontario, California 91764, (909) 395-2015 or email [email protected].

Dated: July ___, 2025

By:

Sheila Mautz, City Clerk

1412

A-1
4129-4011-3244.2

EXHIBIT A

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

1413

B-1
4129-4011-3244.2

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

1414

C-1
4129-4011-3244.2

EXHIBIT C

PROPERTY OWNER AND ASSESSOR’S PARCEL NUMBER
Name of Property Owner
San Bernardino County
Assessor Parcel No.

Remington APG LLC,
a Delaware limited liability company 1073-151-21

1415
Department: Police Department
Prepared By: Melissa
Sowizdrzal-Morgan
Staff Member Presenting: Mike Lorenz, Chief of
Police
Reviewed By: Lizceth Zazueta
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT:

AN INTRODUCTION OF A NEW CHAPTER REGULATING UNMANNED AIRCRAFT

SYSTEMS (UAS) AND AMENDMENTS TO VARIOUS SECTIONS OF THE ONTARIO

MUNICIPAL CODE RELATED TO PARKING VIOLATIONS, CAMPING AND STORAGE

REGULATIONS, TRESPASSING ENFORCEMENT, AND AIRPORT RULES

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of:

A. An ordinance establishing regulations governing the use of Unmanned Aircraft Systems (UAS), commonly known as drones: and
B. Amend Volume I of the Ontario Municipal Code by:

1. Revising the Code to specify that all violations are punishable as misdemeanors—unless otherwise expressly stated or unless the citing oﬃcer or prosecuting attorney determines that prosecution as an infraction better serves the interests of justice—in order to enhance the safety, health, and general welfare of residents, visitors, and businesses;

2. Authorizing any Police Oﬃcer to enforce all provisions of the Municipal Code and to arrest individuals in violation of said provisions; and

3. Updating regulations related to camping and the storage of personal property in public areas.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On June 24, 2025, the City of Ontario published a notice in the Daily Bulletin announcing a public hearing to consider the introduction of a new chapter regulating Unmanned Aircraft Systems (UAS), as well as amendments to various sections of the Ontario Municipal Code pertaining to parking violations, camping and storage regulations, trespassing 1416
enforcement, and airport rules. Given the signiﬁcance of introducing a new ordinance related to UAS operations, it is in the City’s best interest to present two separate ordinances: one focused solely on the adoption of the drone ordinance and another encompassing the remaining Municipal Code amendments. This approach promotes transparency and ensures the public has a clear understanding of each proposed legislative action.

Drone Regulations
• The United States Congress has provided the Federal Aviation Administration (“FAA”) with exclusive authority to regulate the areas of airspace use, aviation safety, the eﬃciency of the navigable airspace, and air traﬃc control. The FAA has provided guidance acknowledging that laws traditionally related to state and local police power (including land use, zoning, privacy, and law enforcement operations) generally are not subject to Federal regulation, and this includes determination of the location of drone landing sites through use powers of the City’s land use powers.
• The operation of Drones can at times pose a hazard to full-scale aircraft in ﬂight and to persons and property on the ground and interfere with active law enforcement, ﬁreﬁghting, or emergency response incidents. Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of Drones consistent with Federal law and regulations is necessary to mitigate such risks, and to protect the Public from the hazards associated with the operation of such Drones.
• Adopting a Drone Regulation enhances the City’s ability to address public nuisances and unauthorized activity; clariﬁes responsibilities and processes for both City staﬀ and the Public; and responds to modern challenges such as Drone use and property encroachment.

Penalty and Enforcement Provisions
• The City is committed to ensuring the Safety of the Public by establishing penalties for violations under the Code and empowering a Police Oﬃcer to enforce such penalties and provisions when necessary.
• Code violations are currently classiﬁed as infractions unless otherwise speciﬁed. The proposed change will designate all violations as misdemeanors, unless the citing oﬃcer or prosecuting attorney determines prosecution as an infraction is more appropriate; or a diﬀerent penalty is explicitly stated within the Code.

Camping and Storage of Personal Property Provisions
• The City is committed to regulating camping and the storage of personal property on private and public property in order to ensure the Safety of the Public. • The City currently regulates camping and storage of personal property under Chapter 23 of the Code, which was most recently amended in 2010.
• The City’s current regulations require amendment to clarify when and where a person may camp or store personal property on private or public property within the City, and to assist law enforcement in enforcing these regulations.

Staff recommends that the City Council:

A. Introduce an ordinance regulating the use of Unmanned Aircraft Systems (UAS), commonly known as drones.

B. Amend the Municipal Code to: (1) designate all violations as misdemeanors unless otherwise 1417
determined by the citing oﬃcial or prosecutor, or where otherwise speciﬁed; (2) authorize Police Oﬃcers to enforce Code provisions and arrest violators; and (3) clarify regulations related to camping and storage of personal property on public and private property.

If approved, the proposed changes improve consistency and enforceability of the Code; enhances tools for addressing public nuisances and unauthorized activity; and clariﬁes responsibilities and processes for both City Staff and the Public.
1418
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 7 TO VOLUME I OF

THE ONTARIO MUNICIPAL CODE BY ADOPTING REGULATIONS

REGARDING THE USE OF UNMANNED AIRCRAFT SYSTEMS

COMMONLY KNOWN AS DRONES

WHEREAS, the City of Ontario (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanit ary, and other ordinances and regulations not in conflict with general law under its general police powers; and

WHEREAS, the City is committed to ensuring the safety, health, and general welfare (“Safety”) of all of its residents, visitors, and businesses (“Public”); and

WHEREAS, the City acknowledges that the United States Congress has provided the Federal Aviation Administration (“FAA”) with exclusive authority to regulate the areas of airspace use, aviation safety, the efficiency of the navigable air space, and air traffic control; and

WHEREAS, the FAA has provided guidance acknowledging that laws traditionally related to state and local police power ( including land use, zoning, privacy, a nd law enforcement operations) generally are not subject to Federal regulation, and this includes determination of the location of drone landing sites through use powers of the City’s land use powers; and

WHEREAS, the operation of an unmanned aircraft system commonly known as a drone (“Drone”) can at times pose a hazard to full -scale aircraft in flight and to per sons and property on the ground and interfere with active law enforcement, firefighting, or emergency response incidents; and

WHEREAS, imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the ope ration of Drones consistent with Federal law and regulations is necessary to mitigate such risks, and to protect the Public from the hazards associated with the operation of such Drones.

WHEREAS, the City Council desires to amend Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) to Volume I of the Municipal Code (“Code”) regarding the use of Drones.

NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
1419

SECTION 2. Amendment to Code. Chapter 1 (Airport Rules and Regulations) to Title 7 (Public Works) of the Code is amended by adding Article 10 (Drone Regulations) to read as follows:

Article 10. Drone Regulations

Sec. 7-1.1001 Purpose and Intent
Sec. 7-1.1002 Definitions
Sec. 7-1.1003 Operating Requirements and Restrictions
Sec. 7-1.1004 Protected Sites
Sec. 7-1.1005 Exemptions
Sec. 7-1.1006 Commercial Operations
Sec. 7-1.1007 Permit Requirements
Sec. 7-1.1008 Enforcement

Sec. 7-1.1001 Purpose and Intent

The purpose of this regulation is to effectively regulate an unmanned aircraft system or drone (collectively, “Drone”) within the City of Ontario (“City”) in order to promote the health, safety, and general welfare (“Safety”) of City residents, visitors, and businesses (“Public”). The City seeks to implement appropriate regulations of Drones pursuant to the City's police powers under the California Constitution (Section 7 to Article XI) and its authority to issue regulations related to zoning, land use, pri vacy, trespass, and law enforcement operations. All regulations herein are intended to protect the Safety of the Public and address specific areas of the City’s concern where a Drone incident could cause harm and injury. It is not intended to restrict persons operating commercial Drones in compliance with all applicable Federal Aviation Administration (“FAA”) rules pursuant to Part 107 (Small Unmanned Aircraft Systems) to Title 14 of the Code of Federal Regulations and other applicable laws, or outside of prohibited areas. This regulation is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote Public Safety and privacy while recognizing the limitations in the FAA's enforcement authority.

Sec. 7-1.1002 Definitions

The following definitions shall apply, unless the context clearly indicates otherwise:

A. City Manager means the City Manager or any agent of
the City as designated by the City Manager.

B. Drone or Unmanned aircraft system (“UAS”) means an
aircraft without a human pilot on board, that is controlled from 1420
an operator on the ground and operates without the possibility of direct human intervention from within, or on, the aircraft.

Each reference to “Drone” hereinafter shall include reference to “UAS.”

C. Drone operator means any person who operates a
Drone, whether for recreational or commercial
purposes.

D. Emergency responder means any person engaged in
providing emergency services who is an agent of the
City, the County of San Bernardino, a public agency, a
law enforcement agency, the fire department,
emergency management, or a public safety
organization.

E. FAA means the Federal Aviation Administration.

F. Government Building is defined to be a Public Building as it appears under Government Code section 7596(a)
which is as follows: “Public building” means a building owned and occupied, or leased and occupied, by the
state, a county, a city, a city and county, or a California community college district.”

G. Person means and includes any individual, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as an unit; and any officer, agent, employee, or servant of any of the foregoing.

H. Public UAS means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 to Title 49 of the United States Code to operate a public aircraft.

I. Special event means any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the Public and intended to attract people. This includes but is not limited to sporting events, concerts, festivals, farmer's markets, street fairs, and other similar events.

J. Visual line of sight (“VLOS”) refers to the ability of a Drone operator or visual observer (FAA Part 107 regulations for 1421
alternative VLOS) to have a direct, unaided, and unobstructed view of the operator’s-controlled Drone. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to
observe the UAS. The use of vision-enhancing devices such as binoculars, night vision goggles, powered vision
magnifying devices, goggles, or other devices designed to provide a "first-person" view from the Drone do not constitute visual line of sight.

K. Weapon means any instrument, article or substance that under the circumstances in which it is used, attempted to be used, or threatened to be used is readily capable of causing death or serious physical injury to a person or damage to property (such as a firearm; an air gun that uses small spherical projectiles or pellets propelled by compressed air, gas, or a spring mechanism (“BB Device”); an explosive; a device; or container assembled for the purpose of causing an explosion or any other device intended to harm someone).

Sec. 7-1.1003 Operating Requirements and Restrictions

No person shall operate any Drone in a manner that is prohibited by any Federal, State, or local regulations. The following shall apply to the operation of Drones within the City:

A. No person shall operate any Drone without a license or certification where one is required by Federal and state law.

B. A Drone operator shall provide their required license and/or certification upon request from a law enforcement agent or City official.

C. No person shall land or takeoff any Drone in the City beyond the visual line of sight of the person operating the Drone, or within the visual line of sight of an observer who is co-located and in direct communication with the Drone
operator.

D. No person shall land or takeoff any Drone other than during daylight hours, unless operating in compliance with Section 107.29 to Title 14 of the Code of Federal Regulations.

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E. No person shall land or takeoff any Drone closer than twenty-five (25) feet to any individual, except the operator or agents of the operator.

F. No person shall operate any Drone under the influence of alcohol, cannabis, or any other drug or intoxicating
compound.

G. No person shall operate any Drone in a careless or reckless manner so as to endanger the Safety of another person or another person's property. The standard for what constitutes careless and reckless operation under this subsection shall be the same as the standard set forth in any Federal statutes or regulations governing aeronautics including but not limited to Public Utilities Code section 21407, Federal Aviation Rule

91.13, and Section 91.13 to Title 14 of the Code of Federal Regulations.

H. No person shall land or takeoff any Drone in a manner that violates an individual's reasonable expectation of privacy as set forth by all applicable State laws; or record or transmit any visual image, sound recording, or other physical impression of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including but not limited to inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck).

I. No person shall land or takeoff a Drone in a manner that directly interferes with the lawful efforts of any emergency responder responding to an emergency or providing
emergency services.

J. No person shall land or takeoff any Drone that contains or has affixed or attached to it hazardous materials, a weapon, a firearm, a BB Device, an explosive, a device, or container assembled for the purpose of causing an explosion; or any other item that may be used as a weapon.

K. No person shall land or takeoff any Drone in a way that interferes with manned aircraft operations including but not limited to traffic patterns at airports, and the operator shall always yield to any manned aircraft.

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L. No person shall land or takeoff any Drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.

M. No person shall land or takeoff any Drone within five hundred (500) feet of any other privately-owned Drone. No person shall land or takeoff any Drone within one thousand five hundred (1,500) feet of any other publicly owned Drone. Any person operating a Drone shall see and avoid other aircraft and obstacles at all times.

N. No person shall land or takeoff any Drone in the area of active parade, motorcade, or City event without the authorization of the City Manager in writing.

O. No person shall operate a Drone in a manner that emits a sound level that unreasonably disturbs the peace, quiet, or comfort of any person (particularly in residential areas).

Nothing in this subsection shall preclude additional
enforcement under any other applicable noise control
regulation.

P. Any person who causes injury to another person while operating a Drone shall comply with the following:

1. The Drone operator shall notify the City's Police
Department of the injury within twenty-four (24)
hours of the incident.

2. The Drone operator shall give the operator's name and current residential address to the City's Police
Department, and shall also present a valid and
unexpired form of identification issued by a State
government or the United States Federal government.

3. Each failure to report injury to another person as
required by this subsection shall constitute a separate violation of this regulation.

Q. Any person who causes damage to the property of another person while operating a Drone shall comply with the
following:

1. The Drone operator shall immediately locate and notify the owner or person in charge of the damaged property
of the name and current residential address of the
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Drone operator and of the owner of the Drone involved.

The Drone operator shall also present a valid and
unexpired form of identification issued by a State
government or the United States Federal government.

2. In the event the owner or person in charge of the
damaged property cannot reasonably be ascertained
or located, the Drone operator shall leave in a
conspicuous place on the property damaged a written
notice giving the name and current residential address
of the Drone operator and of the owner of the Drone
involved, as well as a statement of the circumstances
of the incident resulting in the property damage. The
Drone operator must also provide this information to
the City Police Department within twenty-four (24)
hours of the incident.

3. Each failure to report an incident of property damage as required by this subsection shall constitute a
separate violation of this regulation.

R. The City Manager, Chief of Police, Fire Chief, or their respective designees with the authorization of the FAA may issue "No Fly" proclamations prohibiting Drone operations as necessary to protect Public Safety. "No Fly" proclamations shall specify the locations, dates, and times that Drone operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. Drone operators are required to verify whether a "No Fly"
proclamation is in effect prior to initiating Drone operations.

No fly proclamations may be imposed Citywide or limited to certain areas, and may be in effect for certain times or for certain dates in their entirety as necessary to protect Public Safety. It is a violation to operate a Drone during "No Fly" hours, or to fail to immediately cease Drone operations after being notified by an agent of a public safety agency that a "No Fly" restriction is in effect.

S. This regulation shall not prohibit the use of Drones that both:
(1) are flown in compliance with Section 336 of the Federal Aviation Administration Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner's written consent.

Sec. 7-1.1004 Protected Sites
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A. Airports. No person shall land or takeoff a Drone within five (5) miles of any airport, unless authorized by the air traffic control tower.

B. Government Building. No person shall land or take off a Drone within a five hundred (500)-foot horizontal distance of any government building, unless authorized by the chief
administrator of the building in writing.

C. City Hall. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

D. Jails. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

E. Police station. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police or the Chief’s designee in writing.

F. Fire station. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief or the Chief’s designee in writing.

G. Schools. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any school or school yard, while school is in session unless authorized by the principal or superintendent of the school in writing.

H. Public utility facilities. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any public utility facility including, but not limited to any water, sewage, or electric generating facility without the
authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose).

I. Communication and utility lines. No person shall land or takeoff a Drone within the airspace above or within an one hundred (100)-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or 1426
data; or upon or along any public way within the City without the authorization of the owner or chief administrator of the equipment in writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).

J. Churches. No person shall land or takeoff a Drone at any open-air assembly area, place of worship, or public building or facility without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose).

K. Private property. No person shall land or takeoff a Drone within any populated or developed private property, unless authorized by the property owner in writing. This subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the United States of America, or to persons who are on the premises at the request of a resident or
management and who are not loitering or otherwise violating any law or ordinance.

L. Special events. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing.

Sec. 7-1.1005 Exemptions

A. The provisions of this regulation shall not apply to any Drone that is used or operated by or on behalf of the City or any law enforcement, public safety, emergency management, or
government agency in compliance with all applicable Federal, State, and local laws and policies.

B. This regulation shall not apply to any Drones used by the City or any City-contracted agent or agency engaging in City business including but not limited to flight training, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events.

Sec. 7-1.1006 Commercial Operations

A. In addition to the other requirements of this regulation, commercial Drone operators must comply with all applicable FAA, Federal, State, and local regulations while operating within the City.

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B. A Drone operating permit as well as a business license must be obtained from the City before commencing any commercial Drone activities within the City. If commercial Drone activities involve operating in or passing through multiple jurisdictions, the commercial Drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.

C. Commercial Drone operators must submit a report to the City prior to commencing commercial Drone operations. The
report must include the intended flight plan, areas of
operation, and the purpose of the commercial operations.

Sec. 7-1.1007 Permit Requirements

A. Any Drone operating in a commercial capacity or in a protected site must obtain an operating permit. Once the permit is obtained, the office of the Chief of Police or the Chief’s designee must be notified in writing of the intended flight plan. The operating permit can be obtained at
https://www.ontarioca.gov/Flysafe. Permit requirements are in addition to any other provisions outlined within this code.

B. Drones used for recreational purposes are not required to obtain a permit prior to operation within the city. Recreational flyers are still required to meet all FAA regulations including obtaining registration through the FAA if the Drone weighs more than point fifty-five (.55) pounds. The registration number shall be affixed to the Drone itself.

Sec. 7-1.1008 Enforcement

A. Any condition created, caused, committed, or maintained in violation of any provision of this regulation is hereby declared to be unlawful and a public nuisance.

B. Any person who engages in a violation of this regulation or who owns, possesses, manages, controls, or has charge of any Drone in violation of this regulation shall be subject to the penalties and remedies provided by this regulation.

C. Any violation of this regulation shall constitute a separate offense for each and every day the violation occurs or
persists.

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D. Any person in violation of any provision of this regulation may:

1. Be guilty of a misdemeanor, punishable by
imprisonment of up to six (6) months in County jail or
by a fine not exceeding one thousand dollars ($1,000)
or by both; and/or

2. Subject to the issuance of an administrative citation.

E. Any intentional injury or property damage caused while operating a Drone will be referred to the County District Attorney for criminal prosecution.

F. Upon any violation of this regulation, the City Manager, any Emergency Responder, or any other law enforcement officer (collectively "Officer") can request the violating Drone operator to land the Drone. Neither the City, nor the Officers involved, shall be liable for any damage to a Drone caused by an Officer while enforcing this regulation.

G. Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a Drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure
unhindered performance of emergency services.

SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.

SECTION 4. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Se ction 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. 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. T he 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.

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SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 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 _____________ and adopted at the regular meeting held ___________, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AMENDING THE ONTARIO MUNICIPAL CODE BY

REVISING THE PENALTY AND ENFORCEMENT PROVISIONS , AND

REVISING THE CAMPING AND STORAGE OF PERSONAL PROPERTY

PROVISIONS

WHEREAS, the City of Ontario (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law under its general police powers; and

WHEREAS, California Vehicle Code Section 40200 et seq. authorizes the City to impose and collect civil fines and penalties for violations of any regulation pertaining to the stopping, standing, or parking of a vehicle and related charges; and

WHEREAS, the City is committed to ensuring the safety, health, and general welfare (“Safety”) of all of its residents, visitors, and businesses (“Public”) by establishing penalties for violations under Volume I of the Ontario Municipal Code (“Code”) and empowering a Police Officer to enforce such penalties and provisions when necessary; and
WHEREAS, violations of the Code are punished as infractions pursuant to Section 1-2.01 (Punishment for Violation) to Chapter 2 (Penalty Provisions) to Title 1 (General Provisions) of the Code unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as a misdemeanor, or unless other specific penalty provisions are provided; and

WHEREAS, the City Council finds and declares that regulating camping and the storage of personal property on private and public property is necessary for ensuring the Safety of the Public; and

WHEREAS, the City Council desires to update the Code by (1) revising the penalty and enforcement provisions so that all violations are punished as misdemeanors in order to strengthen the Safety of the Public unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as an infraction, or unless other specific penalty provisions are provided; (2) authorizing any Police Officer to enforce Code provisions and arrest any person violating said Code provisions; and (3) revising the camping and storage of personal property Code provisions to clarify when and where a person may camp or store personal property on pri vate or public property within the City, and assist law enforcement in enforcing these regulations.

NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.

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SECTION 2. Amendment to Penalty and Enforcement Provisions. The Code is hereby amended as follows:

a. Section 1-2.01(a) (Punishment for Violation) to Chapter 2 (Penalty Provisions) of Title 1 (General Provisions) is amended by replacing the words “an infraction” with the words “a misdemeanor”, the words “a misdemeanor” with the words “an infraction”, and the word “misdemeanors” with the word “infractions”.

b. Section 5-9.01 (Trespasses Upon Private Property
Prohibited) to Chapter 9 (Trespassing) of Title 5 (Public Welfare, Morals and Conduct) is hereby amended as
follows:

(1) Subsection (a) is amended by adding the language “, or a police officer acting at the request of any of the above,” between the words “thereof” and “to”.

(2) Subsection (b) is amended by adding the language “, or a police officer acting at the request of any of the above,” between the words “thereof” and “to”.

c. Section 5-11.02(g) (Public Consumption of Alcoholic
Beverages and Possession of any Open Alcoholic
Beverage Container) to Chapter 11 (Miscellaneous Offenses of Title 5 (Public Welfare, Morals and Conduct) is hereby amended by replacing the language “Alcoholic beverage
licensees in violation of subsection (d)(1) and (d)(2) shall be guilty of an infraction” with the language “Any person in violation of subsections (c), (d)(1), or (d)(2) shall be guilty of an infraction.”

d. Section 7-1.902 (Citations) to Article 9 (Arrests and Penalties) to Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) is hereby amended by replacing the words “issue a citation” with the words “make arrests and issue citations”.

e. Section 7-1.903 is added to Article 9 (Arrests and Penalties) to Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) to read as follows: “Sec. 7-1.903. Penalty. Any
person guilty of violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six (6) months in the County Jail, or both such fine and
imprisonment.”

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SECTION 3. Amendment to Parking Penalties and Citations. Article 16 (Violations and Penalties) to Chapter 6 (Traffic) to Title 4 (Public Safety) of the Code is hereby amended as follows:

a. Sections 4-6.1305(i)(2) and (3) (Permit Parking Zones on Residential Streets) are hereby deleted in their entirety, and are amended by adding the following language to
read as follows: “(2) The penalties for violating any of the provisions of this section are set forth in the Citywide Fee Schedule.”

b. Section 4-6.1602 (Penalties: Citations) is hereby
amending by adding the following language to the end of the paragraph: “If a payment is made by check, it should be addressed to the City of Ontario (303 East B Street, Ontario, California 91764).”

SECTION 4. Amendment to Camping and Storage of Personal Property .

Chapter 23 (Camping and Storage of Personal Property) to Title 5 (Public Welfare, Morals and Conduct) of the Code is hereby repealed and replaced in its entirety to read as follows:

“Chapter 23: Camping and Storage of Personal Property

5-23.01 – Purpose
5-23.02 – Definitions
5-23.03 – Unlawful Camping
5-23.04 – Storage of Personal Property
5-23.05 – Use of Vehicle for Human Habitation
5-23.06 – Urination or Defecation in Public View
5-23.07 – Enforcement

5-23.01 – Purpose

The public streets and areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain public streets and areas within the City in a clean and accessible condition.

5-23.02 – Definitions

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter.

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a. "Camp" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary or permanent human habitation.

b. "Camp facilities" include but are not limited to tents, huts, vehicles, vehicle camping outfits, or temporary shelter.

c. "Camp paraphernalia" includes but is not limited to bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

d. "Establish" means setting up or moving equipment, supplies, or materials on to public or private property to "camp" or operate camp facilities.

e. "Maintain" means keeping or permitting equipment, supplies, or materials to remain on public or private property.

f. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility.

g. "Personal property" means any and all tangible items including but not limited to goods, materials, merchandize, camp paraphernalia, luggage, backpack, books, clothing, documents, household goods, and medication.

h. "Private property" means all privately owned property.

i. "Public property" means all public property including but not limited to streets, sidewalks, alleys, improved or unimproved land, and parks owned by a public agency and/or open to public access.

j. “Recreational vehicle” or "RV" means a motorhome,
travel trailer, truck camper, camping trailer, or other vehicle or trailer with or without motive power designed or altered for human habitation for recreational, emergency, or other human occupancy. "Recreational vehicle" specifically includes but is not limited to: a "recreational vehicle" as defined by California Health and Safety Code section 18010; a "truck camper" as defined by Health and Safety Code section 18013.4; a "camp trailer" as defined in California Vehicle Code section 242; a "camper" as defined in California Vehicle Code section 243; a "fifth-wheel travel trailer" as defined in California Vehicle Code section 324; a "house car" as defined by California Vehicle Code section 362; a "trailer coach" as defined in California Vehicle Code section 635; a van camper; or a van conversion. 1435

k. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

5-23.03 – Unlawful Camping
a. It is unlawful and a public nuisance for any person to camp; establish, maintain, allow, operate, or occupy camp facilities; or use camp paraphernalia in the following areas:

1. Any public property, public or private street, or right - of-way including sidewalks, bus stops, and public
landscaping;

2. Any parking lot, yard, building setback, vacant land, open space, park, embankment, or any other area
open to, accessible to, or controlled by the public (
improved or unimproved);

3. In, on, under, or adjacent to any structure not intended for human occupancy;

4. In, on, under, or adjacent to a parked vehicle on any public or private property including but not limited to an automobile, bus, truck, camper, trailer, or
recreational vehicle.
b. The prohibition on camping in this section shall not apply to the following:

1. Camping on residential private property with consent of the property owner; and where such use does not
violate any provision of this Code or State law, does
not create or permit a public nuisance, and where
such use is not within view of the public right -of-way;

2. Camping where specifically permitted within City -
approved campgrounds or facilities;

3. Camping in connection with a special even t as
authorized by the City.
c. The exceptions contained herein do not apply where (1) camping is conducted in such a manner as to create
inadequate sanitation or other public nuisance; (2) camping is of such frequency, intensity, or duration as to constitute a use of land prohibited by zoning regulations; (3) camping would be prohibited under any other provision of this Code; and (4) any fee, charge, or other monetary consider ation is collected for the privilege of camping or for any services or the use of any facilities related there to, other than at City - approved campgrounds or facilities.
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d. Nothing in this Chapter is intended to prohibit or make unlawful activities of a property own er or lawful tenant of private property that are incidental to the lawful and
authorized use of private property for residential or other approved and legal purposes. Nothing herein is intended to prohibit or make unlawful activities o f a property owner or other lawful tenant if such activities are expressly authorized by the City's zoning ordinance, other ordinances, or
regulations.
5-23.04 – Storage of Personal Property

a. It is unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the City manager or designee or as permitted by this Code or State law:

1. Any public property, public or private street, or right-of- way including sidewalks, bus stops, and public
landscaping; or

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to,
accessible to, or controlled by the public (improved or unimproved).

5-23.05 – Use of Vehicle for Human Habitation

It is unlawful for any person to use any motor vehicle or recreational vehicle for human habitation on or in any public or private street, alley, parking lot, or any public or privately owned property which is held open for public use.

For purposes of this section, evidence of "human habitation" shall include but not be limited to, observations that the vehicle is being used for living, sleeping, cooking, or bathing purposes. Sleeping in or occupying a parked vehicle for longer than thirty minutes, consecutively or in the aggregate, between the hours of 11:00 p.m. and 5:00 a.m. shall constitute prima facie evidence the vehicle is being used for human habitation.

5-23.06 – Urination or Defecation in Public View

It shall be unlawful for any person to urinate or defecate or dump any fecal matter on public or private property in an area exposed to the public view or on any public street, sidewalk, alley, park, or any other space except in a restroom or other facility designed for such purpose.

5-23.07 – Enforcement

a. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any 1437
violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable.

b. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

c. The City may enforce any violation of this Chapter by any and all means available by law including but not limited to a restraining order, preliminary or permanent injunction, and criminal or administrative enforcement.

d. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.”

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.

SECTION 6. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 7. 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 t he City Clerk, in accordance with Government Code Section 36933.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2025.

_____________________________________
PAUL S. LEON, MAYOR

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ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1439

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 Onta rio held _____________ and adopted at the regular meeting held ___________, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1440
Department: Utilities
Prepared By: Joline Neal
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 24
SUBJECT:

A PUBLIC HEARING TO RECEIVE AND RESPOND TO PUBLIC COMMENT ON THE

CITY'S WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council receive and respond to public comment on the 2025 Public Health Goals Report relative to the City’s drinking water.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

This is an informational item, and there is no direct ﬁscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Public Health Goals Report is a requirement of the Calderon-Sher Safe Drinking Water Act of 1996 and California Health and Safety Code Section 116470, which mandates that all public water systems with 10,000 or more service connections prepare a written report every three years. This report serves as supplemental information to the City’s annual Consumer Conﬁdence Report (produced by the Ontario Municipal Utilities Company). It identiﬁes and discusses constituents in Ontario’s drinking water supplies that were detected above a public health goal (PHG) but below the legal drinking water standard.

PHGs are non-enforceable goals set by the California Environmental Protection Agency’s Oﬃce of Environmental Health Hazard Assessment, whereas drinking water standards, known as Maximum Contaminant Levels (MCLs), are legally enforceable drinking water standards set by both the US Environmental Protection Agency (USEPA) and the California State Water Resources Control Board (State Water Board).

The report concludes that Ontario delivers high-quality drinking water to its customers that meets or exceeds all federal and state MCLs and further recommends that no mitigating actions are required at this time.
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Department: Records Management
Prepared By: . .

Staff Member Presenting: Claudia Y. Isbell,
Assistant City Clerk
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 25
SUBJECT:

QUALIFICATION OF TWO REFERENDUM PETITIONS CHALLENGING TWO CITY

COUNCIL ORDINANCES APPROVING A DEVELOPMENT AGREEMENT AND THE EMPIRE GROVES SPECIFIC PLAN TO DEVELOP A 600-ROOM HOTEL AND OTHER COMMERCIAL USES ON A 10.43 ACRE SITE LOCATED IN THE CITY OF ONTARIO

CITY OF ONTARIO
Agenda Report
July 15, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council receive, ﬁle, and accept the certiﬁcate(s) of suﬃciency of referendum petition signatures as valid in all respects; and submit the ordinances to Ontario voters at a special election date, June 2, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

If directed to hold an election, additional appropriations will be included in a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS:

On April 15, 2025, pursuant to California land use and development law, the Ontario City Council adopted two ordinances: (i) Ordinance No. O3302 approving a development agreement between the City of Ontario and Diversiﬁed Paciﬁc Development Group, LLC to develop a 600-room hotel and (ii) Ordinance No. O3303, approving the Empire Groves Speciﬁc Plan to develop a 600-room hotel and other commercial uses; all on a 10.43-acre site located on the southeast corner of Guasti Road and Holt Boulevard near the City of Ontario Convention Center.

The Ordinances are each deemed to be City “legislative acts”. This means that (i) neither can go into eﬀect immediately and (ii) both are subject to challenge by the referendum process outlined in the California Elections Code.

On May 30, 2025, Ontario residents timely ﬁled two signed petitions to referend (challenge) each of the Ordinances adopted by the City Council. Under State law, each City Council “legislative act” must be challenged by a separate referendum eﬀort. Pursuant to California Elections Code section 9237, each referendum petition must be signed by not less than ten percent (10%) of the registered voters of the City to qualify. According to the California Secretary of State’s most recent report of voter registration (Feb. 10, 2025), Ontario has 95,770 registered voters within its limits. Therefore, 1497
each petition is required to contain the veriﬁed signatures of at least 9,577 Ontario registered voters in order to qualify a referendum for the ballot.

As is standard practice, the City Clerk’s Oﬃce referred the petitions to the San Bernardino County Registrar of Voters for oﬃcial signature veriﬁcation against oﬃcial County voter records. The veriﬁcation of signatures is complete and based upon that review, both petitions have been determined to have suﬃcient Ontario registered voter signatures to qualify. Certiﬁcates to that effect are attached to this report.

Pursuant to Elections Code sections 9114 and 9237, now that both referenda have qualiﬁed for the ballot, the eﬀective dates of both Ordinances have been suspended, and the City Council must reconsider the Ordinances or place the Ordinances before Ontario voters at special election that is not less than 88 days after the date the Council calls the election which, under the California Elections Code, can be June 2, 2026.

There is no oﬃcial deadline for the Council to render a decision. However, now that both referendum petitions have qualiﬁed, both Ordinances will remain suspended and shall not go into eﬀect unless and until a majority of Ontario voters approve them at an election. Staﬀ recommends the City Council receive ﬁle and accept the certiﬁcates of suﬃciency and call for a June 2, 2026 election.
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RESOLUTION NO. ________

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

CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE SUBMISSION TO

THE QUALIFIED VOTERS OF THE CITY OF ONTARIO, AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT TO DEVELOP A 600 -
ROOM HOTEL ON A 10.43 ACRE SITE LOCATED IN THE CITY OF
ONTARIO; REQUESTING THE COUNTY OF SAN BERNARDINO TO

CONSOLIDATE SAID ELECTION WITH THE STATEWIDE PRIMARY
ELECTION OF EVEN DATE; A ND SETTING RULES AND DEADLINES

FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE
ORDINANCE.

WHEREAS, pursuant to authority provided by the California Government Code, on April 15, 2025, the Ontario City Council adopted Ordinance No. O3302, approving a development agreement between the City of Ontario and Diversified Pacific Development Group, LLC to develop a 600 -room hotel on a 10.43 -acre site located on the southeast corner of Gua sti Road and Holt Boulevard near the City of Ontario Convention Center (the “Ordinance”); and

WHEREAS, on April 17, 2025, proponents of an effort to challenge the Ordinance by referendum timely filed a draft summary of the Ordinance with the City Clerk’s Office for the City Attorney’s review and possible amendment; and

WHEREAS, on May 1, 2025, the Ontario City Attorney ’s Office timely prepared an amended summary of the Ordinance and sent it to the proponents for inclusion in a referendum petition to be circulated among Ontario voters for si gnatures; and

WHEREAS, pursuant to California Elections Code section s 15 and 9238(b)(2)(B)(vi), the Ordinance was scheduled to become effective on June 2, 2025, unless the proponents filed a sign ed referendum petition with the City Clerk’s office by that date to challenge the Ordinance ; and

WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq. , on May 30, 2025 the referendum proponents timely filed with the City of Ontario, a signed petition protesting the Ordinance by referendum which, if the referendum qualifies, would suspend the effective date of the Ordinance, require that the City Council reconsider the Ordinance and either repeal it in its entirety or submit it to a vote of Ontario voters; and

WHEREAS, pursuant to California Elections Code section 92 37, a referendum petition must be filed with the City in valid form and signed by not less than ten percent (10%) of the registered vote rs of the City in order to qualify; and

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WHEREAS, according to San Bernardino County voter records, the minimum signature requirement in order to qualify the referendum for the ballot is 9,577 registered City voters; and

WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Ordinance for the referendum ballot under the Elections Code , unless it is repealed by the City Council ; and

WHEREAS, the City Council has not voted to repeal the Ordinance ; and

WHEREAS, pu rsuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Ordinance was not repealed by the City Council , the effective date of the Ordinance is suspended and it may not go into effect unless and until approved by a majority of Ontario voters voting upon it at a municipal election; and

WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Ordinance to the voters at either its “next regular municipal election” or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election ; and

WHEREAS, the next “regular municipal election” that is not less than 88 days after the date of this Resolution would be Ontario’s General Municipal Election to be held on Tuesday, November 3, 2026; and

WHEREAS, the City Council desires to place the Ordinance before Ontario voters at a Special Municipa l Election to be held on June 2 , 2026 concurrently with the Statewide Primary Election ; and

WHEREAS, the specific terms of the Ordinance a re attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and

WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County election department canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and

WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Ordinance i n accordance with applicable California Elections Code procedures .

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ordinance to Voters . That pursuant to the requirements of California Elections Code applicable to the City of Ontario, the City Council hereby calls and orders the Ordinance to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the City of Ontario, California, on Tuesday, June 2, 2026. The Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Ordinance shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2,, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

"Shall the measure to approve a development
agreement between the City of Ontario and Diversified
Pacific Development Group, LLC to develop a 600-
room hotel on a 10.43-acre site located on the
southeast corner of Guasti Road and Holt Boulevard
near the City of Ontario Convention Center, be
adopted?"
YES

SECTION 4. Election Procedures.

A. The vote requirement for the Ordinance to pass is a simple majority (50% + 1) of votes cast.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. Pursuant to the requirements of Section 10403 of the E lections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2 , 2026 , for the purpose of submitting to the voters the question relating to the City’s Measure.

D. The election services which the City of Ontario requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized an d directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of 1501
sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote-by-mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassi ng of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Ontario; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order t o properly and lawfully conduct the election.

F. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes -by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino , except as otherwise provided in the Elections Code of the State of California.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk of the City of Ontario shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting this Ordinance, (iii) any individual voter eligible to vote on the above Ordinance, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of 1502
the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, a fter which no arguments for or against the Ordinance may be submitted to the City Clerk. Arguments in favor of or against the Ordinance shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the vot ers, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the Ordinance, not to exceed 500 words in length, showing the effect of the Ordinance on the existing law and the operation of the Ordinance. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above . The impartial analysis shall include a statement indicating whether the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -font bold type, the following: “The above statement is an impartial analysis of Ordinance No. ____ (Measure ____).

If you desire a copy of the Ordinance/Measure, please call the election official’s office at ( 909) 395-2009 and a copy will be mailed at no cost to you.”

D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Ordinance which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Ordinance to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the 1503
deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments.

Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Ordinance shall be printed in the voter information guide , and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Ordinance at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County . The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the b ook of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

SECTION 9. Public Examination . Pursuant to California Elections Code section 9295, the Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council hereby finds and determines tha t placement of the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, therefore, not subject to CEQA review . See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of R esolution. This Resolution shall take effect immediately upon its adoption.

SECTION 13. Suspension of Ordinance and Effective Date of Ordinance if Approved by Voters . Pursuant to California Elections Code sections 9217, 9237 and 9243, the Ordinance is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Ontario voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council 1504
has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

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

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1505

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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EXHIBIT “A”

ORDINANCE NO. 3302

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVIN G FILE NO. PDA23 -005, A DEVELOPMENT

AGREEMENT BETWEEN TH E CITY OF ONTARIO AN D DIVERSIFIED

PACIFIC DEVELOPMENT GROUP, LLC, TO ESTAB LISH THE TERMS

AND CONDITIONS ASSOCIATED WITH A D EVELOPMENT PLAN (FILE NO. PDEV23-039), FOR A 10.43 ACRE PROPERT Y LOCATED ON THE

SOUTHEAST CORNER OF GUASTI ROAD AND HOLT BOULEVARD
WITHIN THE PROPOSED PA1 (HOSPITALITY MIX ED-USE) DISTRICT

OF THE EMPIRE GROVES SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 110-322-33.

WHEREAS, DIVERSIFIED PACIFIC DEVELOPMENT GROUP, LLC ("Applicant") has filed an Application for the approval of a Development Agreement, File No.

PDA23-005, as described in the title of this Ordinance (hereinaft er referred to as "Application" or "Project"); and

WHEREAS, the Application applies to 10.43 acres of land generally located on southeast corner of Guasti Road and Holt Boulevard, within the proposed Empire Groves Specific Plan; and

WHEREAS, the properties to the north of the Project site are within the CCS (Convention Center Support Commercial) zoning district and are developed with offices and hotel. The property to the east is within the UC (Utilities Corridor) zoning district and is developed with a flood control channel. The property to the south and west is within the CCS (Convention Center Support Commercial) zoning district, and is developed with hotel; and

WHEREAS, the applicant submitted a Development Plan (File No. PDEV23 - 039) to constr uct a 600,000 square foot hotel and commercial building consisting of 600 rooms; and

WHEREAS, in conjunction with the Project, the Applicant also filed an application for a Specific Plan (Empire Groves), File No. PSP23-001, to establish the land use district, development standards, guidelines, and infrastructure improvements for the development of up to 600,000 square feet of hospitality and commercial land uses on the project site; and

WHEREAS, on February 25, 2025, the Planning Commission conducted a p ublic hearing and approved Resolution No. PC25-006, recommending the City Council approve a Resolution adopting an Addendum to the Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the City Council on August 16, 2022, in conjunction with File No. PGPA20 -002. The Addendum finds that the proposed project introduces no new significant environmental impacts. 1507
Furthermore, all mitigation measures previously adopted with the Certified Environmental Impact Report are incorporated into the Project by reference; 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 i mpacts of subsequent projects are adequately analyzed; and

WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to determine possible environmental impacts; and

WHEREAS, Ontario Development Code Table 2.02 -1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and

WHEREAS, the Project is located within the Air port Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario In ternational Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and

WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, on February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the SEIR Addendum and the Project, and concluded said hearing on that date, voting to issue Resolution No. PC25 -007, 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 SEIR Addendum and the Project, and continued said hearing to April 1, 2025, date; and

WHEREAS, as the first action on the Project, on April 1, 2025, the City Council approved a Resolution adopting an SEIR Addendum to a previous Certified EIR prepared pursuant to CEQA, the State CEQA Guidelines and the City of Ontario Local CEQA Guidelines, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of significance; and

WHEREAS, on April 1, 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. 1508

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

SECTION 1: Environmental Determination and Fin dings. As the decision- making body 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 reviewed in conjunction with an Addendum to TOP 2050 Supplemental Environmental Impact Report, certified by the City of Ontario City Counci l on August 16, 2022, in conjunction with File No. PGPA20-002.

(2) The Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(3) The City's "Guidelines for th e 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. This Application introduces no new significant environmental impacts; and

(4) The Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and

(5) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and

(6) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the Certified EIR, and all mitigation measures previously adopted by the Certified EIR, are incorporated herein by this reference.

SECTION 2: Additional Environmental Review Not Required. Based on the Addendum, all related 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 t o the circumstances under which the Certified EIR was prepared, that will require major revisions 1509
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: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT AL UCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2 -5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and

1510
SECTION 4: 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 3, above, the Cit y Council hereby concludes as follows:

The provisions of the development agreement are consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and any applicable specific plans. The Development Agreement applies to approximately 10.43 acres of land located on the southeast corner of Guasti Road and Holt Boulevard within the proposed Empire Groves Specific Plan (File No. PSP23 -001). The Development Agreem ent establishes parameters for the development of land within the Empire Groves Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the Project site.

These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the proposed Empire Groves Specific Plan and will help further the vision of the Guasti District, the Multimodal Mixed - Use Land Use designation, and support the nearby Convention Center.

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described Development Agreement, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 6: 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 7: Custodian o f 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 8: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof , irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9: Effective Date. This Ordinance shall become effective 30 days following its adoption.

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SECTION 10: 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 15th day of April 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1512

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. 3302 was duly introduced at a regular meeting of the City Co uncil of the City of Ontario held April 1, 2025 and adopted at the regular meeting held April 15, 2025 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS: LEON, BOWMAN, AND PORADA

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: WAPNER

ABSTAIN: COUNCIL MEMBERS: MACIAS

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. 3302 duly passed and adopted by the Ontario City Council at their regular meeting held April 15, 2025 and that Summaries of the Ordinance were published on April 8, 2025 and April 22, 2025, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
1513

ATTACHMENT A:

File No. PDA23-005
Development Agreement

[Development Agreement on File with City Clerk’s Office]

1514

RESOLUTION NO. ________

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

CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE SUBMISSION TO

THE QUALIFIED VOTERS OF THE CITY OF ONTARIO, AN ORDINANCE

APPROVING THE EMPIRE GROVES SPECIFIC PLAN TO DEVELOP A
600-ROOM HOTEL AND OTHER COMMERCIAL USES ON A 10.43 ACRE SITE LOCATED IN THE CITY OF ONTARIO ; REQUESTING THE

COUNTY OF SAN BERNARDINO TO CONSOLIDATE SAID ELECTION
WITH THE STATEWIDE PRIMARY ELECTION OF EVEN DATE; A ND

SETTING RULES AND DEADLINES FOR ARGUMENTS AND
REBUTTALS FOR AND AGAINST THE ORDINANCE.

WHEREAS, pursuant to authority provided by the California Government Code, on April 15, 2025, the Ontario City Council adopted Ordinance No. O3303 , approving the Empire Groves Specific Plan to develop a 600 -room hotel and other commercial uses on a 10.43 -acre site located on the southeast corner of Guasti Road and Holt Boulevard near the City of Ontario Convention Center (the “Ordinance”); and

WHEREAS, pursuant to California Elections Code section s 15 and 9238(b)(2)(B)(vi), the Ordinance was scheduled to become effective on June 2, 2025, unless the proponents filed a signed referendum petition with t he City Clerk’s office by that date to challenge the Ordinance ; and

WHEREAS, according to San Bernardino County voter records, the minimum signature requirement in order to qualify the referendum fo r the ballot is 9,577 registered City voters; and
1515

WHEREAS, the City Council has not voted to repeal the Ordinance ; and

WHEREAS, pursuant to California Elections Code section 9237, b ecause the petition was signed by the requisite number of voters and the Ordinance was not repealed by the City Council , the effective date of the Ordinance is suspended and it may not go into effect unless and until approved by a majority of Ontario voters voting upon it at a municipal election; and

WHEREAS, the City Council is therefore authorized and required by California Elections Code section 92 41 to submit the proposed Ordinance to the voters at either its “next regular municipal election” or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election ; and

WHEREAS, the City Council desires to place the Ordinance before Ontario voters at a Special Municipal Election to be held on June 2, 2026 concurrently with the Statewide Primary Election ; and

WHEREAS, the specific terms of the Ordinance a re attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and

WHEREAS, it is desirable that the Special Municip al Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County election department canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and

WHEREAS, it is also desirable to establish deadlines and rules for the submission of w ritten arguments and rebuttals for and against the Ordinance i n accordance with applicable California Elections Code procedures .

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

1516
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. Submission of Ordinance to Voters . That pursuant to the requirements of California Elections Code applicable to the City of Ontario, the City Council hereby calls and orders the Ordinance to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the C ity of Ontario, California, on Tuesday, June 2, 2026. The Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Ordinance shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

"Shall the measure to approve the Empire Groves
Specific Plan to develop a 600-room hotel and other
commercial uses on a 10.43-acre site located on the
southeast corner of Guasti Road and Holt Boulevard
near the City of Ontario Convention Center, be
adopted?"
YES

SECTION 4. Election Procedures.

A. The vote requirement for the Ordinance to pass is a simple majority (50% + 1) of votes cast.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2, 2026 , for the purpose of submitting to the voters the question relating to the City’s Measure.

D. The election services which the City of Ontario requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote-by-mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting 1517
booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City o f Ontario; and the performance of such other election services as may be requested by the City Clerk.

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authoriz ed, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting this Ordinance, (iii) any individual voter eligible to vote on the above Ordinance, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, a fter which no arguments for or against the Ordinance may be submitted to the City Clerk. Arguments in favor of or against the Ordinance shall each not 1518
exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, a nd shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the Ordinance, not to exceed 500 words in length, showing the effect of the Ordinance on the existing law and the operation of the Ordinance. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above . The impartial analysis shall include a statement indicating whether the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -font bold type, the following: “T he above statement is an impartial analysis of Ordinance No. ____ (Measure ____).

If you desire a copy of the Ordinance/Measure, please call the election official’s office at ( 909) 395-2009 and a copy will be mailed at no cost to you.”

D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Ordinance which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Ordinance to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments se t forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments.

Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
1519

B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.

SECTION 8. Delivery of Resolution to County . The City Clerk shall certify to the passage and adopt ion of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adop ted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution . This Resolution shall take effect immediately upon its adoption.

SECTION 13. Suspension of Ordinance and Effective Date of Ordinance if Approved by Voters . Pursuant to California Elections Code sections 9217, 9237 and 9243, the Ordinance is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Ontario voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

1520
The City Clerk of the City of Ontari o shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of July, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1521

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

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 July 15, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1522
EXHIBIT “A”

ORDINANCE NO. 3303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTA RIO, CALIFORNIA, APPROVIN G FILE NO. PSP23 -001, A SPECIFIC PLAN (EMPIRE GROVES) TO ESTABLISH THE LAN D USE DISTRICT,

DEVELOPMENT STANDARDS, GUIDELINES, AND I NFRASTRUCTURE
IMPROVEMENTS FOR THE DEVELOPMENT OF UP T O 600,0 00

SQUARE FEET OF HOSPITALITY AND COMMERCIAL LAND USES ON

10.43-ACRES OF LAND LOCATED ON THE SOUTH EAST CORNER OF

GUASTI ROAD AND HOLT BOULEVARD AND MAKING FINDINGS IN
SUPPORT THEREOF—APN: 110-322-33.

WHEREAS, DIVERSIFIED PACIFIC DEVELOPMENT GROUP, LLC ("Applicant") has filed an Application for the approval of a Specific Plan, File No. PSP23 -001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and

WHEREAS, the Application applies to 10.43 acres of land generally located on southeast corner of Guasti Road and Holt Boulevard, within the proposed Empire Groves Specific Plan; and

WHEREAS, the properties to the north of the Project site are within the CC S (Convention Center Support Commercial) zoning district and are developed with offices and hotel. The property to the east is within the UC (Utilities Corridor) zoning district and is developed with a flood control channel. The property to the south and west is within the CCS (Convention Center Support Commercial) zoning district, and is developed with hotel; and

WHEREAS, the Empire Groves Specific Plan serves to implement the City’s Policy Plan for the project site and provides zoning regulations for dev elopment of the Project site by establishing permitted land uses, development standards, infrastructure requirements, and implementation requirements for the development of 10.43 acres within the Specific Plan boundaries. The Empire Groves Specific Plan pr oposes a land use plan that includes one Planning Area for the Project site, the Hospitality Mixed Use (PA1); and

WHEREAS, the Hospitality Mixed-Use combines hotel uses, ancillary services and amenities with local-serving commercial uses on a single prope rty. At buildout, the total development allowed for the project site will be 600,000 square feet; and

WHEREAS, the Hotel use is the primary component of Hospitality Mixed-Use and will occupy the majority of the FAR of the development (553,124 square feet) . The hotel use includes 600 guest rooms, office space for hotel administration, and may also include ancillary uses such as restaurants, bars, lounges, day spas, gyms, ballrooms and meeting rooms; and
1523

WHEREAS, the local-serving retail uses (46,876 square feet) will be stand -alone uses not affiliated with the hotel and these businesses may include a combination of coffee shops, restaurants and retail that complement the hotel and convention center; and

WHEREAS, in conjunction with the Project, the Applicant also filed an application for a Development Agreement (File No. PDA23 -005) between the City of Ontario and Diversified Pacific Development Group, LLC to establish the terms and conditions for the associated Development Plan (File No. PDEV23-039); and

WHEREAS, on February 25, 2025, the Planning Commission conducted a public hearing and approved Resolution No. PC25-006, recommending the City Council approve a Resolution adopting an Addendum to the Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the City Council on August 16, 2022, in conjunction with File No. PGPA20 -002. The Addendum finds that the proposed project introduces no new significant environmental impacts.

Furthermore, all mitigation measures previously adopted with the Certified Environmental Impact Report are incorporated into the Project by reference; 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 is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overf light 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 no tifications 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 SEIR Addendum and the Project, and concluded said hearing on that date, voting to issue R esolution No. PC25-006, recommending the 1524
City Council adopt the SEIR Addendum, and voting to issue Resolution No. PC25 -008, recommending the City Council approve the Application; and

WHEREAS, on March 18, 2025, the City Council of the City of Ontario cond ucted a hearing to consider the SEIR Addendum and the Project, and continued said hearing to April 1, 2025, date; and

WHEREAS, on April 1, 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 ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the 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 reviewed in conjunction with an Addendum to TOP 2050 Supplemental Environmental Impact Report, certified by the City of Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002.

(2) The Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(3) The City's "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. This Application introduces no new significant environmental impacts; and

(4) The Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and

(5) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant en vironmental impacts; and
1525

(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

(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

SECTION 3: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

(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 Air port 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, safe ty, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting document ation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2 -2), [2] Noise Criteria (ONT ALUCP Table 2 -3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and

SECTION 4: 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 t hrough 3, above, the City Council hereby concludes as follows:

(1) The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050. The 10.43 Empire Groves Specific Plan is suitable for a hotel/commercial mixed-use development and is consistent with the goals and policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of TOP 2050.

(2) The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed Empire Groves Specific Plan is in conformance with the Land Use Policies and Goals of the Policy Plan and will provide standards and guidelines for the harmonious development of the Project site, in a manner consistent with the Policy Plan. The Specific Plan is proposing hotel/commercial mixed -use development for the 10.43 acre site, which is what is mandated by the land use plan of the Policy Plan; therefore, the proposed land uses will not b e detrimental to the public interest, health, safety, convenience, or general welfare of the City because it will provide land uses that are consistent with the existing and future development of the surrounding area.

(3) In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely 1527
affect the harmonious relationship with adjacent properties and land uses. The proposed Specific Plan will establish a hote l/commercial land use, which aligns with the Project site and surrounding land uses planned in TOP 2050.

(4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, s hape, access, and availability of utilities, for the request and anticipated development. Specific Plan will allow for hotel/commercial mixed-use on the subject site. When in conformance with the Specific Plan, the project site is suitable in size and shape, allows for sufficient access and availability of utilities to accommodate the anticipated development.

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES th e herein described Specific Plan, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 6: 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 procee ding, and the City of Ontario shall cooperate fully in the defense.

SECTION 7: 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 8: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application , and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or mo re section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 10: 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 adoptio n. 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. 1528

PASSED, APPROVED, AND ADOPTED this 15th 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. 3303 was duly introduced at a regular meeting of the City Council of the City of Ontario held April 1, 2025 and adopted at the regular meeting held April 15, 2025 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS: LEON, BOWMAN, AND PORADA

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: WAPNER

ABSTAIN: COUNCIL MEMBERS: MACIAS

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. 3303 duly passed and adopted by the Ontario City Council at their regular meeting held April 15, 2025 and that Summaries of the Ordinance were published on April 8, 2025 and April 22, 2025, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
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ATTACHMENT A:

File No. PSP23-001
Empire Groves Specific Plan

[Document on File with City Clerk’s Office]

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Ontario City CouncilJuly 15, 2025

Ontario City Council
July 15, 2025