Ontario City Council
September 16, 2025

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER 16, 2025
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time.

To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to [email protected]. The public comment submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 ATTACHMENT: 20250916 Closed Session

ACCOMMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER (OPEN SESSION)

ROLL CALL
Wapner, Bowman, Porada, Macias, Mayor/Chairman Leon

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2 ATTACHMENT: National Preparedness Month Proclamation 2025.docx

PLEDGE OF ALLEGIANCE
Council Member Macias

INVOCATION
Pastor Sean Thurin, Calvary Chapel Ontario

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES
PROCLAMATION OF SEPTEMBER 2025 AS NATIONAL PREPAREDNESS MONTH That the City Council proclaim the month of September 2025 as National Preparedness Month in the City of Ontario.

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to [email protected]. The public comment submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3 1. APPROVAL OF MINUTES
ATTACHMENT: 20250819 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A RESOLUTION APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST OF BAKER

AVENUE AND FIFTH STREET
ATTACHMENT: 20250916 PDEV21-006 01 EXH A.pdf
ATTACHMENT: 20250916 PDEV21-006 02 RESO RM
ATTACHMENT: 20250916 PDEV21-006 02 RESO EXH A and B.pdf

4. A PROJECT FUNDING AGREEMENT FOR THE STATE ROUTE 60/EUCLID AVENUE

INTERCHANGE PHASED IMPROVEMENTS PROJECT
ATTACHMENT: 25-1003336 Final Draft 08.20.25 Euclid Interchange AGR.docx

5. A RESOLUTION ADOPTING THE AMENDED MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 THROUGH 2029-30 AND A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.

Minutes for the regular meetings of the City Council and Housing Authority of August 19, 2025, and approving same as on file in the Records Management Department.

Bills August 8, 2025 through August 28, 2025, and Payroll July 27, 2025 through August 9, 2025.

That the City Council authorize the City Manager, or his designee, to execute a Quitclaim Deed to Fifth Ave Developments, LLC (Developer).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST OF BAKER AVENUE AND FIFTH STREET.

That the City Council approve a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the State Route 60 (SR-60)/Euclid Avenue Interchange Phased Improvements Project and authorize the City Manager, or his designee, to execute said Agreement and future amendments to the Agreement within the City Council approved budget.

That the City Council take the following actions:

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4 ATTACHMENT: Measure I Five-Year Analysis 2025-26 Through 2029-30 01 RESO RM ATTACHMENT: Exhibit A 2025-26 Through 2029-30 01A.pdf
ATTACHMENT: Measure I Five-Year Analysis 2026-27 Through 2030-31 02 RESO RM ATTACHMENT: Exhibit A 2026-27 Through 2030-31 02A.pdf

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

RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES;

AND ADOPT A RESOLUTION DECLARING IT NECESSARY TO INCUR BONDED INDEBTEDNESS A. Adopt an amended Resolution for the Fiscal Years 2025-26 through 2029-30 Measure I Five-Year Capital Project Needs Analysis (CPNA), and
B. Adopt a Resolution approving the Fiscal Years 2026-27 through 2030-31 Measure I FiveYear CPNA; and C. Authorize the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE AMENDED MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025- 26 THROUGH 2029-30.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31.

That the City Council consider and:

A. Accept written petition (on file with the Records Management Department) from KB Home Cal Management Services LLC. ("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982;
B. Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 76 (Compass Pointe), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, November 4, 2025; and
C. Adopt a Resolution Declaring it Necessary for the City of Ontario Community Facilities District No. 76 (Compass Pointe) to Incur Bonded Indebtedness.

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

TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) TO INCUR BONDED INDEBTEDNESS.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 ATTACHMENT: CFD 76 Compass Pointe Intent to Establish 01 RESO RM ATTACHMENT: CFD 76 (Compass Pointe) 01A EXH A Boundary Map.pdf ATTACHMENT: CFD 76 (Compass Pointe) 01B EXH C RMA.pdf
ATTACHMENT: CFD 76 Compass Pointe Incur Bonded Indebtedness 02 RESO RM

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATHENS INSURANCE SERVICE, INC. FOR THIRD-PARTY ADMINISTRATION SERVICES FOR WORKERS'

COMPENSATION CLAIMS
ATTACHMENT: Amendment No. 3 Athens Insurance Service Inc.pdf

8. AUTHORIZE THE PURCHASE AND INSTALLATION OF MOBILE DATA COMPUTERS ATTACHMENT: CDCE MDC Quote - City of Ontario.pdf

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP, LLC., FOR PROJECT MANAGEMENT FOR THE PUBLIC SAFETY DISPATCH

AND POLICE REPORT MANAGEMENT SYSTEM REPLACEMENT PROJECTS ATTACHMENT: NPSG Amendment 5.pdf

10. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM

BUSINESS PRODUCTS FOR THE PROFESSIONAL BASEBALL STADIUM AND THE ONTARIO

PROMISE CORPS PROGRAM SPACE AND MOBILITY HUB
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with Athens Insurance Service, Inc., of Concord, California, for third-party administration and training services for workers’ compensation claims in the amount of $1,827,060 for a total not-to-exceed amount of $3,641,520.

That the City Council authorize the City Manager, or his designee, to purchase and install mobile data computers (MDC) from CDCE, Inc., of Yorba Linda, California, in the amount of $780,328.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with National Public Safety Group (NPSG) LLC., of Aberdeen, North Carolina, for selection, procurement, and project management increasing the authorized contract amount by $301,059, for a total contract not-to-exceed amount of $1,264,693 and increase the term for an additional two years.

That the City Council take the following actions:

A. Authorize a Cooperative Purchase Agreement for D&C23-011 Professional Baseball Stadium with Margaret C. Pett, Inc. DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $2,938,147 plus a 10% contingency of $293,815, for a total not-to-exceed contract amount of $3,231,962, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97;
B. Authorize a Cooperative Purchase Agreement for D&C23-026 Ontario Promise Corps Program Space and Mobility Hub with Info-Com, of Altadena, California, for the purchase CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT: Goods and Services Agreement- Info-Com Baseball Stadium.pdf ATTACHMENT: Goods and Services Agreement- Info-Com Downtown Mobility Hub.pdf

11. AN ORDINANCE APPROVING FILE NO. PUD23-001, A PLANNED UNIT DEVELOPMENT ON

0.37-ACRE OF LAND LOCATED AT 111 NORTH MONTEREY AVENUE
ATTACHMENT: File No. PUD23-001 02 ORD RM
ATTACHMENT: File Nos. PUD23-001 PDEV23-018 03 PUD.pdf

12. A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-003, A PLANNED UNIT DEVELOPMENT ON 2.07 ACRES OF LAND LOCATED AT 1389 EAST HOLT BOULEVARD and installation of furniture in the amount of $201,630 plus a 10% contingency of $20,163, for a total not-to-exceed contract amount of $221,793, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97; and C. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

That the City Council consider and adopt an Ordinance approving File No. PUD23-001, the Monterey Avenue Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a commercial development at 111 North Monterey Avenue.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-001, A PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR PROPERTY LOCATED AT 111 NORTH MONTEREY AVENUE, WITHIN LUA-3 (HOLT BOULEVARD) OF THE MU1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1048-523-15.

PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council introduce and waive further reading of an Ordinance Approving File No.

PUD23-003, the Holt Residential Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a residential development at 1389 East Holt Boulevard.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7 ATTACHMENT: 20250916 File No PUD23-003 PC Back-up.pdf ATTACHMENT: 20250916 File No. PUD23-003 02 ORD RM
ATTACHMENT: 20250916 File No. PUD23-003 03 PUD.pdf

13. A PUBLIC HEARING TO CONSIDER THE FIRST AMENDMENTS TO THE FISCAL YEAR 2023-24 AND 2024-25 HUD ONE-YEAR ACTIONS PLANS
ATTACHMENT: First Amendment 2023-24 One year.pdf
ATTACHMENT: First Amendment 2024-25 One-Year Action Plan-9-16-25.pdf

14. A PUBLIC HEARING TO CONSIDER ADOPTION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2024-25 ATTACHMENT: CAPER FY 2024-25 - 9-04-2025.pdf
ATTACHMENT: CAPER Executive Summary - FY 2024-25.pdf

15. AN ORDINANCE AMENDING SECTION 4-6.1305 OF THE ONTARIO MUNICIPAL CODE

RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS FILE NO. PUD23-003, A PLANNED UNIT DEVELOPMENT TO ESTABLISH PLANNING AND DESIGN

PRINCIPLES, DEVELOPMENT REGULATIONS, AND PERFORMANCE STANDARDS TO GOVERN FUTURE DEVELOPMENT OF 2.07 ACRES OF LAND, LOCATED AT 1389 EAST HOLT BOULEVARD, WITHIN THE MU-6 (EAST HOLT MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0110-071-02
That the City Council take the following actions:

A. Conduct a Public Hearing and receive comments related to the First Amendments to the Fiscal Year 2023-24 and 2024-25 One-Year Action Plans;
B. Approve the First Amendments to the Fiscal Year 2023-24 and 2024-25 One-Year Action Plans; and
C. Authorize the City Manager, or his designee, to execute any related documents and agreements necessary to implement the amendments.

That the City Council take the following actions:

A. Conduct a public hearing and receive comments on the draft Fiscal Year 2024-25 Consolidated Annual Performance and Evaluation Report (CAPER); B. Authorize staff to submit the final Fiscal Year 2024-25 CAPER to the U.S. Department of Housing and Urban Development (HUD); and
C. Authorize the City Manager, or his designee, to execute all documents necessary to submit the CAPER.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council introduce an Ordinance amending Section 4-6.1305 of the Ontario Municipal Code relating to permit parking zones on residential streets.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8 ATTACHMENT: 20250916 Ordinance Amending Permit Parking Zones ORD RM

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1305 OF THE ONTARIO MUNICIPAL CODE RELATING TO PERMIT PARKING ZONES ON RESIDENTIAL STREETS.

STAFF MATTERS
City Manager Ochoa

COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) September 16, 2025
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
10 Department: Fire Department
Prepared By: Joseph Ramos
Staff Member Presenting: Mike Gerken, Fire
Chief
Approved By:

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

SUBJECT: PROCLAMATION OF SEPTEMBER 2025 AS NATIONAL PREPAREDNESS MONTH

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

SPECIAL CEREMONIES
RECOMMENDATION: That the City Council proclaim the month of September 2025 as National Preparedness Month in the City of Ontario.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT: There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: Since 2004 the Federal Emergency Management Agency (FEMA) has observed September as National Preparedness Month (NPM). The goal of NPM is to build awareness and encourage the community to prepare for emergencies in their homes, businesses, schools, workplaces, and communities.

National Preparedness Month is managed and sponsored by FEMA's Ready Campaign. This year's theme focuses on getting back to the essentials of teaching "Preparedness Starts at Home". Staff, through the Ready Ontario initiative, provide resources to residents to prepare at home with family and neighbors. National Preparedness Month is an opportunity for all residents and business owners to build preparedness skills to increase resiliency.

Residents and businesses can help their families and neighbors prepare by:
1) creating a communication plan
2) planning for transportation needs
3) planning for food, water, and essentials for themselves and pets.

Please visit visit www.ReadyOntario.org to learn more and find resources that make these three actions simple and easy. During this month, residents and businesses are reminded to register their cell phones with AlertOntario, the City's emergency notification system, by texting "ONTARIO" to 888777 and visit the www.ReadyOntario.org website for trainings and resources. 11 PROCLAMATION OF SEPTEMBER 2025

AS NATIONAL PREPAREDNESS MONTH
WHEREAS, the City of Ontario is committed to ensuring the safety and security of all those living and visiting the city, and is dedicated to raising the awareness of all employees, residents, schools, and businesses about the importance of being prepared for potential disasters; and
WHEREAS, emergency preparedness is the responsibility of every resident of the City of Ontario, California, and all residents are urged to make preparedness a priority and work together to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type; and
WHEREAS, the Federal Emergency Management Agency (FEMA) is focused on promoting and improving our Nation’s ability to respond to emergencies and strongly supports efforts by cities to safeguard their communities by encouraging them to implement simple measures that will mitigate potential hazards and prevent damage to land and property; and
WHEREAS, the City of Ontario is proud to join with the FEMA in this nationwide effort and pledge their support for emergency preparedness by encouraging everyone, especially older adults, in the community to create an emergency plan for themselves and their family and friends, to equip themselves with the necessary supplies to care for themselves and their families for at least 72 hours, to register themselves and their family for the mass notification tool AlertOntario, and become informed about the different threats that may affect them;
NOW, THEREFORE, the City of Ontario, its City Council and staff members do declare the month of September 2025 as:

NATIONAL PREPAREDNESS MONTH

GIVEN UNDER THE CORPORATE SEAL OF THE CITY OF ONTARIO,
CALIFORNIA this 16th day of September 2025.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
12 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
AUGUST 19, 2025
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, August 19, 2025, at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:00 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 5:30 p.m., with Mayor pro Tem Wapner recused from the first matter. Mayor pro Tem Wapner joined Closed Session at 5:41 p.m. for the discussion of the second item.

GC 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 1053-521-01, 1053-521-02, 1053-591-01, 1053-591-02, 1053-601-01, 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01, 1054-301-02; 14389 East Edison Avenue, 7511 East Eucalyptus Avenue, 7388 East Eucalyptus Avenue, 7280 East Eucalyptus Avenue, 7566 East Eucalyptus Avenue, 7634 East Eucalyptus Avenue, 0 East Eucalyptus Avenue, 0 South Bon View 13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

Avenue, 0 East Merrill Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: County of San Bernardino; Under negotiation: Price and terms of payment.

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION
Invocation was led by Pastor Robert Rocha Jr. from Voz Church.

REPORT ON CLOSED SESSION
City Attorney Duran reported regarding the Public Employee Discipline/Dismissal/Release matter stating City Council upheld the arbitrator’s termination decision by a vote of 4-0, with Mayor pro Tem Wapner having recused himself from the matter. There was no other reportable action.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.

PUBLIC COMMENT
Assistant City Clerk Isbell announced there were 6 written comments:

Malika Spellman, regarding utility billing practices.

Jessica Salib-Valdez, regarding safety in public parks.

Jose Garcia, regarding speed limit enforcement.

Naitie Tam, regarding street sweeping.

Armando Nolasco, regarding parking enforcement and street cleaning.

Joseph Anthony DePice, regarding Immigration and Customs Enforcement concerns.

Mayor Leon called upon the first speaker:

Javier Gomez, spoke regarding Immigration and Customs Enforcement concerns.

Andrew Custodio, spoke regarding Immigration and Customs Enforcement concerns.

Tina Silva, spoke regarding Immigration and Customs Enforcement concerns.

Bryan Sanchez, spoke regarding Immigration and Customs Enforcement concerns.

Lauren, spoke regarding Immigration and Customs Enforcement concerns.

Martha Aragon, spoke regarding Immigration and Customs Enforcement concerns.

Russell Jauregui, spoke regarding Immigration and Customs Enforcement concerns.

Brad Neumann, spoke regarding his personnel grievance.

Roxana Bautista, spoke regarding Immigration and Customs Enforcement concerns. 14 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

Anthony DePice, spoke regarding Immigration and Customs Enforcement concerns.

Randy Bekendam, spoke regarding regenerative farming.

PRESENTATION
The City Council received an update on Measure I from Otis Greer with the San Bernardino County Transit Authority.

CONSENT CALENDAR
MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 5-0, to approve the consent calendar as presented, with Item 6 pulled for a separate vote.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of July 15, 2025, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills July 18, 2025 through July 31, 2025, in the amount of $78, 942,096.85 and payroll June 29, 2025 though July 12, 2025, in the amount of $6,384,580.91.

3. ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO

LOGISTICS CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
The City Council took the following actions:

A. Accepted written petitions (on file with the Records Management Department) from GLV Landowner LP and GLV Building 6 LP ("Landowners"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and B. Adopted a Resolution of Intention to establish City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services), authorized the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, October 7, 2025.

RESOLUTION NO. 2025-132 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A

COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO 15 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

LOGISTICS CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A

SPECIAL TAX THEREIN

4. A CONSTRUCTION CONTRACT WITH ROY ALLAN SLURRY SEAL, INC. FOR THE FY 2025-26 ANNUAL MAINTENANCE SLURRY SEAL, CAPE SEAL, AND

PAVEMENT MANAGEMENT PROJECT
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a construction contract with Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California, for the FY 2025-26 Annual Maintenance Slurry Seal, Cape Seal, and Pavement Management Project in the amount of $1,007,775, plus a 10% contingency of $100,778 for a total not-to-exceed contract amount of $1,108,553; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

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

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC

SERVICES)
The City Council adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

First reading and introduction took place at the regular meeting of the City Council on July 15, 2025.

ORDINANCE NO. 3309 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC

SERVICES)

7. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

CLEAN ENERGY FOR MAINTENANCE OF THE COMPRESSED NATURAL GAS

FUELING STATION
The City Council authorized the City Manager, or his designee, to execute Amendment No. 4 to the Maintenance Services Agreement with Clean Energy, of Newport Beach, California, for the maintenance of the compressed natural gas (CNG) fueling station in the amount of $150,000 increasing the contract amount from $325,000 to a total not-to-exceed contract amount of $475,000 and extend the agreement for an additional one-year term.

8. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD 16 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

The City Council authorized the City Manager, or his designee, to approve the purchase and delivery of 14 Ford Police Interceptor Utility Pursuit Vehicles for the Police Department in the amount of $824,000 plus a 10% contingency of $82,400 for a total not-to-exceed amount of $906,400 from PFVT Motors LLC (Peoria Ford), of Peoria, Arizona, consistent with the terms and conditions of the Arizona State Cooperative Contract No. CTR059322-4.

9. AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION

PLAN, CERTIFIED OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS

FOR VARIOUS CITY FUNDS
The City Council awarded a Professional Services Agreement for Cost Allocation Plan, Certified OMB Plan, and Internal Service Funds rate plans to Aptemiz, Inc., for a three-year term for an amount not-to-exceed $180,000 with the option to extend the Agreement for two additional one-year terms for $60,000 per fiscal year; and authorize the City Manager, or his designee, to execute the Agreement.

10. UPDATE OF AUTHORIZED AGENT RESOLUTION PERTAINING TO FEDERAL

AND/OR STATE FINANCIAL GRANT ASSISTANCE
The City Council, by Resolution, rescinded Resolution No. 2021-077, authorized certain officials as the City of Ontario’s (“City”) agents for purposes of applying for and obtaining federal and/or state financial grant assistance, authorized said agents to execute Emergency Management and Department of Homeland Security grant agreements and other required documents (“Eligible Grants”), and take any actions necessary to implement such grant agreements and other required documents, effective for three years from adoption of the revised Resolution.

RESOLUTION NO. 2025-133 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING PERSONS HOLDING

CERTAIN DESIGNATED POSITIONS TO EXECUTE EMERGENCY

MANAGEMENT AND HOMELAND SECURITY GRANT DOCUMENTS FOR AND

ON BEHALF OF THE CITY OF ONTARIO FOR THE PURPOSE OF OBTAINING

CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL ASSISTANCE AND RESCINDING RESOLUTION NO. 2021-077.

11. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA

CITIES ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING
The City Council designated Council Member Debra Porada as the City's voting delegate and Mayor Paul Leon as an alternate for the League of California Cities Annual Conference General Assembly scheduled for October 8 through October 10, 2025.

12. A CONSTRUCTION CONTRACT WITH NORSTAR PLUMBING & ENGINEERING INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP 17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

INC., AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE INC., FOR THE DOWNTOWN WATER MAIN

IMPROVEMENT PROJECT
The City Council took the following actions:

A. Approved the plans and specifications and award Contract No. UT 1066 Downtown Water Main Improvements project to Norstar Plumbing & Engineering Inc., of Alta Loma, California, in the amount of $7,734,413 plus a 15% contingency of $1,160,161 for a total not-to-exceed amount of $8,894,574, a term of 183 calendar days after issuance of notice to proceed, and authorized the City Manager, or designee, to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B. Authorized the City Manager, or designee to execute a Professional Services Agreement with Ardurra Group Inc., of Newport Beach, California, for a total not-to-exceed amount of $179,479 for construction engineering services and a term from August 19, 2025 to August 19, 2027.

C. Authorized the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with Ninyo & Moore Inc., of San Diego, California, for $141,136 for a total not-to-exceed amount of $291,136 for geotechnical and material testing services and a term from May 2, 2023 to May 2, 2027.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STETSON ENGINEERING INC. FOR THE EVALUATION OF AN ADVANCED

WATER PURIFICATION FACILITY ALTERNATIVE SUPPLY PROGRAM

PROJECT
The City Council authorized the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Stetson Engineering Inc., of Covina, California, for the Evaluation of an Advanced Water Purification Facility Alternative Supply Program Project in the amount of $45,000 for a new total not-toexceed contract amount of $381,148 and a term from July 19, 2022 to January 1, 2026.

14. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR ON-GOING HISTORIC PRESERVATION

CONSULTATION
The City Council authorized the City Manager or his designee to execute Amendment No. 8 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the on-going historic preservation consultation in Downtown Ontario in the amount of $210,000 for a total not-to-exceed contract amount of $1,136,600; and extend the Agreement expiration date to June 30, 2026.

15. AUTHORIZE THE RENEWAL OF THE CITY'S ESIGNATURE AND ONLINE FORMS PLATFORM, GOVOS, INC.
18 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

The City Council authorized the City Manager, or his designee, to execute the renewal with GovOS, Inc., of Austin, TX, for licensing and maintenance, for a total contract not-to-exceed amount of $244,969 for an additional one-year term.

16. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA25-001) REVISING

AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO

DEVELOPMENT CODE
The City Council adopted an Ordinance approving File No. PDCA25-001, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code. First reading and introduction took place at the special meeting of the City Council on August 5, 2025.

ORDINANCE NO. 3312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-001, A

DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 DEFINITIONS AND

GLOSSARY OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING

FINDINGS IN SUPPORT THEREOF

17. A GOODS AND EQUIPMENT PURCHASE AGREEMENT FOR WATER METERS

AND REPAIR PARTS AND A MAINTENANCE SERVICES AGREEMENT FOR

ADVANCED METERING INFRASTRUCTURE SYSTEMS WITH HYDROPRO

SOLUTIONS
The City Council took the following actions:

A. Approved a Goods and Equipment Purchase Agreement with HydroPro Solutions, of Ontario, California, for new water meters, equipment, and repair parts in the amount $2,900,000 from August 19, 2025 to June 30, 2026, with the option to extend the agreement for up to four (4) successive one (1) year periods for a total not-to-exceed aggregate amount of $16,024,331.

B. Approved a Maintenance Services Agreement with HydroPro Solutions of Ontario, California, for water meter software network preventative maintenance and repairs in the amount of $74,085 from August 19, 2025 to June 30, 2026, with the option to extend the agreement for up to four (4) successive one (1) year periods for a total not-to-exceed amount of $446,138.

ITEM PULLED: Mayor Leon pulled Item No. 6 for a separate vote. 19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

6. ADOPTION OF ORDINANCES APPROVING 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
The City Council took the following actions:

A. Adopted an Ordinance establishing regulations governing the use of Unmanned Aircraft Systems (UAS), commonly known as drones; and B. Adopted an Ordinance amending 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.

First reading and introduction took place at the regular meeting of the City Council on July 15, 2025.

ORDINANCE NO. 3310 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
ORDINANCE NO. 3311 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 Public Comment
Mayor Leon called upon the speakers:

Kizzee, spoke in support.

William Torres, spoke in opposition.

Monica Ibarra, spoke in support.

Karen May, spoke in opposition.

MOTION: Moved by Council Member Porada, seconded by Council Member Macias and carried by a unanimous vote of 5-0, to adopt Ordinance Nos. 3310 and 3311. 20 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – August 19, 2025

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Porada thanked Staff for recent landscaping and cement work.

Mayor pro Tem Wapner had no comments.

Council Member Bowman had no comments.

Council Member Macias had no comments.

Mayor Leon announced the upcoming concert at Town Square.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:18 p.m., and announced the next regular meeting was scheduled for September 2, 2025.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
21 Department: Public Works
Prepared By: David Zurita
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Andrea Ampig, Khoi Do, Bonnie
Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT: A RESOLUTION APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST OF

BAKER AVENUE AND FIFTH STREET

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute a Quitclaim Deed to Fifth Ave Developments, LLC (Developer).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. There will be no revenue as a result of the reconveyance. The Developer has paid all applicable fees at its sole cost.

BACKGROUND & ANALYSIS: The applicant, Fifth Avenue Developments, LLC, has requested that the City quitclaim three existing easements, as shown on Exhibit A, for firefighting apparatus access to facilitate the development of the area. The easements are not needed for any present or future use and have been determined to be excess.
22 EXHIBIT
PROJECT LOCATION: PREPARED FOR: 11819 Goldring Road, Unit A Arcadia, CA 91006 Tel: (626) 263-3588 Fax: (626) 263-3599 APN 0108-511-16 AND -17 1446 & 1480 E. FIFTH STREET
ONTARIO, CA 91764
EGL Associates, Inc.
e-mail: [email protected] FIFTH AVE DEVELOPMENT, LLC
VICINITY MAP N.T.S.

A
23 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A QUITCLAIM DEED LOCATED 800 FEET WEST OF BAKER AVENUE AND FIFTH STREET.

WHEREAS, Easements for firefighting apparatus access recorded June 15, 1972 and September 4, 1973, filed in Book 7955 Page 812 and Book 8260 Pages 468-469, respectively; the easements are not needed for any present or future use and have been determined to be excess.; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California:

1. That the above recitals are true and correct.

2. That title to the above-described said property, more specifically described in Exhibit A and depicted on Exhibit B attached hereto, shall be vacated.

3. That the City Clerk of the City of Ontario, California, shall cause a copy of this Resolution to be recorded in the office of the County Recorder of San Bernardino County, California.

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

PASSED, APPROVED, AND ADOPTED this 16
th day of September, 2025.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
24 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 September 16, 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 September 16, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
25 26
27 28
Department: Public Works
Prepared By: Tricia Maruki
Department:

Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Andrea Ampig, Bonnie
Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT: A PROJECT FUNDING AGREEMENT FOR THE STATE ROUTE 60/EUCLID AVENUE

INTERCHANGE PHASED IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve a Funding Agreement between the City of Ontario and the San Bernardino County Transportation Authority (SBCTA) for the State Route 60 (SR-60)/Euclid Avenue Interchange Phased Improvements Project and authorize the City Manager, or his designee, to execute said Agreement and future amendments to the Agreement within the City Council approved budget.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Funding Agreement with SBCTA will utilize Measure I San Bernardino Valley Freeway Interchange Program Funds on a reimbursement basis for the Project Approval and Environmental Documentation (PA&ED); Plans, Specifications and Estimate (PS&E); and construction phases of the project. SBCTA's share will be 55.5% of the actual expenses on a reimbursement basis with a not-to-exceed amount of $3,346,822. The City's share is 44.5% of the actual expenses, estimated to be $2,683,487 from Ontario Ranch Regional Street Development Impact Fee (OR DIF) funds. The funding split is in accordance with SBCTA's approved Measure I Nexus Study. The total estimated project cost is $6,030,309.

Funding for the project will be phased over several years and if approved, appropriations will be included in a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS: The SR-60/Euclid Interchange Phased Improvements Project includes adding northbound dual left-turn lanes at the westbound on-ramps and southbound dual left-turn 29 lanes at the eastbound on-ramps. These improvements will be accomplished in two phases. Phase 1 will involve the extension of the existing northbound and southbound single left-turn pockets.

Phase 2 will involve full implementation of the northbound and southbound dual left-turn lanes and any associated improvements to the westbound and eastbound on-ramps.

Existing truck traffic from Euclid Avenue to SR-60 is currently causing congestion issues, with trucks occasionally blocking nearby intersections. As industrial activities increase in the southwestern area of Ontario Ranch, truck traffic is expected to increase. As a result, expanding the capacity at the interchange is necessary to accommodate both current and future demand. 30 25-1003336 Page 1 of 9
PROJECT FUNDING AGREEMENT NO. 25-1003336
FOR
STATE ROUTE 60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS

PROJECT
(CITY OF ONTARIO)
THIS Project Funding Agreement (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Ontario (“CITY”) for construction of State Route 60 (SR-60) Euclid Avenue Interchange Phased Improvements (Phases B and C) Project (“PROJECT”). Improvements include adding northbound dual left turn lanes at the westbound ramps and southbound dual left turn lanes at the eastbound ramps. SBCTA and CITY are each a “Party” or collectively “Parties.”

RECITALS
A. On December 7, 2016, the SBCTA Board of Directors adopted an update to Measure I Strategic Plan Policy 40005 – Valley Freeway Interchange (VFI) Program to incorporate the Valley Interchange Phasing Program; and
B. PROJECT, which is the second and third phase of improvements (Phases B and C) at SR-60 Euclid Avenue Interchange, is identified as eligible for funding under the Valley Interchange Phasing Program; and
C. The SBCTA VFI Program Policy 40005 limits the total PROJECT cost to $10 Million; and D. The Nexus Study identifies the public share of PROJECT as 55.5%; and E. On February 29, 2024, CITY submitted a formal request for consideration of inclusion of PROJECT in the Valley Interchange Phasing Program; and
F. CITY identified a need of $3,346,822 to complete the Project Approval and Environmental Documentation (PA&ED), Plans, Specifications, and Estimate (PS&E), and Construction Phases of PROJECT ("PROJECT WORK");
G. On February, 5 2025, the SBCTA Board of Directors approved the 2025 Update to the 10- Year Delivery Plan, which identified an SBCTA contribution of $3,346,822 to PROJECT WORK; and
H. Parties desire to enter into an agreement to define roles, responsibilities, and funding commitments for PROJECT WORK; and
31 25-1003336 Page 2 of 9
I. This Agreement is to be carried out in accordance with the policies in the Measure I 2010- 2040 Strategic Plan including the use of Development Impact Fees by CITY to pay its share of PROJECT WORK costs; and
J. The CITY desires to proceed with PROJECT WORK in a timely manner; and improvements for the PROJECT will be accomplished in two phases. Phase 1 will involve the extension of the northbound and southbound left turn pockets. Phase 2 will involve full implementation of the northbound and southbound dual left turn lanes and any associated improvements to the westbound and eastbound on-ramps; and
K. This Agreement is intended to delineate the duties and funding responsibilities of the Parties for the PROJECT; and
L. SBCTA and CITY are entering into this Agreement with the understanding that SBCTA will reimburse CITY for eligible PROJECT WORK expenditures with Measure I Valley Freeway Interchange Program funds.

NOW, THEREFORE, the Parties agree to the following:

SECTION I
SBCTA AGREES:

1. To reimburse CITY for the 55.5% public share of the actual cost of PROJECT WORK, as described more fully in Attachment A, not to exceed $3,346,822 in Measure I Valley Freeway Interchange Program funds. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount without a written amendment to this AGREEMENT. A cost estimate for the PROJECT WORK is provided in Attachment B.

2. To reimburse CITY within thirty (30) days after CITY submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT WORK expenditures that were incurred by CITY up to a maximum amount identified in Section I, Paragraph 1 of this AGREEMENT, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information.

Invoices may be submitted to SBCTA as frequently as monthly.

3. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of CITY performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to SBCTA when planning and conducting additional audits.

4. To assign a project liaison for the purpose of attending Project Development Team (PDT) meetings.
32 25-1003336 Page 3 of 9

SECTION II
CITY AGREES:

1. To be the lead agency for PROJECT WORK and to diligently undertake and complete in a timely manner the Scope of Work for the PROJECT WORK as shown in Attachment A.

2. To be responsible for expending that portion of allocated Measure I Valley Freeway Interchange Program funds on eligible PROJECT WORK expenses in an amount not to exceed that identified in Section I, Paragraph 1, unless this AGREEMENT is amended and approved increasing PROJECT WORK costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph 2. Additionally, expenses relative to time spent on the PROJECT WORK by CITY staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.

3. To abide by all applicable SBCTA, CITY, State and Federal laws, regulations, policies and procedures pertaining to the PROJECT WORK.

4. To prepare and submit to SBCTA an electronic copy of signed invoices for reimbursement of eligible PROJECT WORK expenses. Invoices may be submitted to SBCTA as frequently as monthly.

5. To maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the Final Report of Expenditures submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY offices.

Copies will be made and furnished by CITY upon written request by SBCTA.

6. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support CITY’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.

7. To prepare a Final Report of Expenditures, including a final invoice reporting the actual eligible PROJECT WORK costs expended for those activities described in the work activities, and to submit that Final Report of Expenditures and final invoice no later than one hundred twenty (120) days following the completion of those expenditures funded under this AGREEMENT. The Final Report of Expenditures shall be submitted to SBCTA and must state that these PROJECT WORK funds were used in conformance with this AGREEMENT and for those PROJECT WORK-specific work activities described.
33 25-1003336 Page 4 of 9

8. To cooperate in having a PROJECT-specific audit completed by SBCTA, at SBCTA’s option and expense, upon completion of the PROJECT WORK. The audit must state that all funds expended on the PROJECT WORK were used in conformance with this AGREEMENT.

9. To repay to SBCTA any reimbursement for Measure I costs that are determined by subsequent audit to be unallowable within one hundred twenty (120) days of CITY receiving notice of audit findings, which time shall include an opportunity for CITY to respond to and/or resolve the findings. Should the findings not be otherwise resolved and CITY fail to reimburse moneys due SBCTA within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both Parties, SBCTA reserves the right to withhold future payments due CITY from any source under SBCTA’s control.

10. To include SBCTA in Project Development Team (PDT) meetings if and when such meetings are held and in related communications on PROJECT WORK progress, to provide at least quarterly schedule updates to SBCTA, and to consult with SBCTA on critical issues relative to the PROJECT WORK.

11. As an eligible PROJECT WORK expense, to post signs at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.

12. To include in all contracts between CITY and the City's contractors for the PROJECT WORK the requirement that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor for the PROJECT.

SECTION III
IT IS MUTUALLY AGREED:

1. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT WORK, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT.

2. The final PROJECT WORK cost may ultimately exceed current estimates of PROJECT WORK cost. Any additional eligible costs resulting from unforeseen conditions over the estimated total of the PROJECT WORK cost shall be borne by CITY unless prior authorization has been approved by the SBCTA Board of Directors pursuant to Section III, Paragraph 3 of this AGREEMENT.

3. In the event CITY determines PROJECT WORK costs may exceed the not-to-exceed amount identified in Section I, Paragraph 1, CITY shall inform SBCTA of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the PROJECT WORK amounts identified in this AGREEMENT. In no event, however, shall SBCTA be responsible for PROJECT WORK costs in excess 34 25-1003336 Page 5 of 9
of the amounts identified herein absent a written amendment to this AGREEMENT that is approved and signed by both Parties.

4. Eligible PROJECT WORK reimbursements shall include only those costs incurred by CITY for PROJECT WORK-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

5. Neither SBCTA nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

6. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

7. In the event CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.

8. This AGREEMENT will be considered terminated upon completion of the PROJECT WORK and full reimbursement of eligible costs by SBCTA, provided that the provisions of Paragraphs 5, 6, 7, 8, and 9 of Section II, and Paragraphs 5, 6 and 7 of Section III, shall survive the termination of this AGREEMENT. The AGREEMENT may also be terminated by SBCTA, in its sole discretion, in the event the PROJECT WORK described in Attachment A has not been initiated by CITY within twelve (12) months of the Effective Date of this AGREEMENT.
35 25-1003336 Page 6 of 9

9. SBCTA may terminate this AGREEMENT if CITY fails to perform according to the terms of this AGREEMENT and if this failure jeopardizes the delivery of the PROJECT WORK according to the terms herein.

10. The Recitals to this AGREEMENT are true and correct and are incorporated into this Agreement.

11. Attachment A (Description of Project and Milestones) and Attachment B (Summary of Estimated Costs) are attached to and incorporated into this AGREEMENT.

12. The AGREEMENT may be signed in counterparts, each of which shall constitute an original.

13. This AGREEMENT is effective and shall be dated on the date executed by SBCTA (“Effective Date”).
36 25-1003336 Page 7 of 9
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT by their authorized signatories below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: _________________________
Rick Denison, President
Board of Directors
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Julianna K. Tillquist
SBCTA General Counsel
Date: _________________________

CITY OF ONTARIO
By: _________________________
Scott Ochoa
City Manager
Date: _________________________

APPROVED AS TO FORM
By: _________________________
Ruben Duran
City Attorney
Date: _________________________
ATTEST:

By: _________________________
Sheila Mautz
City Clerk
Date: _________________________
37 25-1003336 Page 8 of 9

ATTACHMENT A
STATE ROUTE 60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS

PROJECT
Description of Project and Milestones
Project Title
SR60/Euclid Avenue Interchange Phased Improvements Project Location, Project Limits, Description, Scope of Work, Legislative Description This Project consists of the Second and Third Phases of State Route 60/Euclid Avenue Interchange Improvements (listed as SR-60/Euclid-B and SR-60/Euclid-C in the Interchange Phasing Program and governed by VFI-36). These phases include adding northbound dual left turn lanes at the westbound ramps and southbound dual left turn lanes at the eastbound ramps.

The improvements for B and C will be accomplished in two phases. Phase 1 will involve the extension of the northbound and southbound left turn pockets. Phase 2 will involve full implementation of the northbound and southbound dual left turn lanes and any associated improvements to the westbound and eastbound on-ramps.

Project Milestone
Proposed
Phase I
Proposed
Phase 2
Begin Environmental (PA&ED) Phase 12/01/2025 01/01/2026 End Environmental Phase (PA&ED Milestone) 01/01/2026 07/07/2027 Begin Design (PS&E) Phase 01/01/2026 01/01/2026
End Design Phase (Ready to List for Advertisement Milestone) 01/01/2027 01/01/2028 Begin Right of Way Phase N/A N/A
End Right of Way Phase (Right of Way Certification Milestone) N/A N/A Begin Construction Phase (Contract Award Milestone) 06/01/2027 06/01/2028 End Construction Phase (Construction Contract Acceptance Milestone) 01/01/2028 01/01/2030 Begin Closeout Phase 01/02/2028 01/02/2030
End Closeout Phase (Closeout Report) 12/31/2028 12/31/2031 38 25-1003336 Page 9 of 9

ATTACHMENT B
STATE ROUTE 60/EUCLID AVENUE INTERCHANGE PHASED IMPROVEMENTS

PROJECT
Summary of Estimated Costs
Phase Total Cost SBCTA Funds (1)
(55.5%)
CITY Funds
(44.5%)
PHASE 1
Project Approval and
Environmental
Documentation $74,000 $41,070 $32,930
Plans, Specifications, and
Estimate $126,000 $69,930 $56,070
Construction $1,800,000 $999,000 $801,000
PHASE 1 SUBTOTAL $2,000,000 $1,110,000 $890,000
PHASE 2
Project Approval and
Environmental
Documentation $196,400 $109,002 $87,398
Plans, Specifications, and
Estimate $252,560 $140,171 $112,389
Construction $3,581,349 $1,987,649 $1,593,700
PHASE 2 SUBTOTAL $4,030,309 $2,236,822 $1,793,487

TOTAL PROJECT
Project Approval and
Environmental
Documentation $270,400 $150,072 $120,328
Plans, Specifications, and
Estimate $378,560 $210,101 $168,459
Construction $5,381,349 $2,986,649 $2,394,700
GRAND TOTAL $6,030,309 $3,346,822 $2,683,487
Additional Notes:

1. SBCTA's Share can be from sources under control of SBCTA including but not limited to Measure I Valley Freeway Interchange Program (VFI), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this agreement. Funding can be moved between phases without necessitating an amendment of this agreement.
39 Department: Public Works
Prepared By: Khoi Do
Department: Engineering
Prepared By: Khoi Do
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT: A RESOLUTION ADOPTING THE AMENDED MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 THROUGH 2029-30 AND A

RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Adopt an amended Resolution for the Fiscal Years 2025-26 through 2029-30 Measure I FiveYear Capital Project Needs Analysis (CPNA), and B. Adopt a Resolution approving the Fiscal Years 2026-27 through 2030-31 Measure I Five-Year CPNA; and
C. Authorize the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The CPNA is a tool to assist the SBCTA Board of Directors and Staff in programming available and projected Measure I Fund revenues. The CPNA is not a budget commitment. The individual projects listed in the CPNA are either currently identified in the Fiscal Year 2025-26 Adopted City of Ontario Capital Improvement Program (CIP) Budget or will be identified in the CIP at the time that the local fund share is needed and approved by the City Council.

BACKGROUND & ANALYSIS: San Bernardino County voters approved passage of a thirty-year extension (2010-2040) to the Measure I program in November 2004, authorizing San Bernardino 40 Associated Governments, now SBCTA, to impose a one-half percent sales tax on retail transactions and use tax in the incorporated and unincorporated territories of the County of San Bernardino.

Revenue from the tax can only be used for transportation improvements and traffic management programs authorized in the 2010-2040 Measure I Expenditure Plan set forth in Ordinance No. 04-1 of the Authority. The Expenditure Plan for the San Bernardino Valley Subarea, of which Ontario is a part, requires that Measure I revenue be applied to the following programs:

Freeways 29%
Freeway Interchanges 11%
Major Streets 20%
Local Streets (per capita pass through) 20%
Metrolink/Passenger Rail 8%
Senior/Disabled Transit Service 8%
Express Bus/Bus Rapid Transit Service 2%
Traffic Management Systems 2%
The 2010-2040 Measure I Strategic Plan requires each local jurisdiction applying for revenue from the Measure I Major Street Arterial sub-program to annually adopt and update a Five-Year CPNA.

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

The Five-Year CPNA covers projects in the Measure I Major Street Arterial sub-program.

The Fiscal Years 2025-26 through 2029-30 Measure I Five-Year CPNA has been amended to include the following projects: Grove Avenue/Holt Boulevard intersection widening; Mountain Avenue/Holt Boulevard intersection widening; Etiwanda Avenue/Airport Drive intersection improvements; and Vineyard Avenue from Riverside Drive to Chino Avenue.

This year's Five-Year CPNA includes the following projects: Grove Avenue/Holt Boulevard intersection widening; Etiwanda Avenue/Airport Drive intersection improvements; and Vineyard Avenue from Riverside Drive to Chino Avenue.

The process requires that the City Council approve the CPNA by Resolution. Staff anticipates that there may need to be changes to the CPNA during the fiscal year. Therefore, Staff is recommending that the City Manager, or his designee, be given the authority to approve changes to the CPNA as requested by SBCTA and/or Staff, provided the changes do not conflict with the approved budget. 41 RESOLUTION NO. _______

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

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

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, State of California, that the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025-26 through 2029-30, attached to this resolution as Exhibit A, is hereby adopted.

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

PASSED, APPROVED, AND ADOPTED this 16th day of September, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
42 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 September 16, 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 September 16, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
43 EXHIBIT A
Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2025-26 through 2029-30
44 CHARDONN AY CT
J ST

PI NYON CT

C O N E FLO WER LN

B ST ALPIN E CT

PARK ST
CT
D ST

BR IAR PRIVADO

BO ULDER PR VI

CALIFOR NIA PR IVADO

GRAN TI E PR VI

C ARLT O N PR IVADO

MAITLAND
PR IVADO COPPER.........PRI VADO

PI NE AVE

SO NOM A CT

DEAN ZA

SPRU CE
ST

SU LTANA AVE

CONTEMPO
CT

PH ILL IPS ST

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

SKYL AR K ST

OLIVE ST

PL ACER
CT

CAROLI NE

SAN D EI GOAV

HARVARD PL
CT

DRIFTWO OD PL

NORTHSHORES PL

ROCHESTER AVE

SEAG ULL AVE

FAIRFIELD ST

CRYS TAL SPGS PL

ROCK SPGS PL

OAK SPRINGS PL

FOX G LEN L P

ACOR NGLENN PL

GLENN PL

BADG ER

FOX GL EN L P LYT LE CR EEK LP

BEAR CK

LY TL E CR EE K LOOP

H ONEYGL ENN WY

AL ISO CR EEK
CREEK

MALC OLM ST

OAK HI LL DR PO NY DR

PI NTO PL

CR YST AL
LK CT

PA R K GLEN N WY
CT

COLD CK WY

OAK HIL L ST

TAM O ' SHANTER C T

BO N VIEW AVE

G OL DCRESTAVE

GARF EI LD AVE

HOPE AVE

TAYL OR PLCALDWELLP
P
L

H OENIX

PL BANYAN ST

CAL DWELL PL

GOL DCRESTPLBANYAN ST

GARFIELDPL

MALC OLMAVE

RAYM OND PL

CHERRY HIL L ST

HAZE LTIN E
CT

HAZE LTIN E
CT

GREENWOOD PL

CALAVERA S PL

TAM O SHANTER

PARKSIDE DR

VIRG INIA WY

MARI GO LD WAY

STANDR EWS ST

DEER FIEL D ST

VI RGINI A PL

M ERIO N S T MARIG OL D WY DORAL CT

MERIO N CT

AM ADOR

CALDWELL AVE

PH OEN XI AVE

MERI ON ST

DORAL CT

M LI DRED PL

PARCO AVE

C OTTO NWOO D ST COTTONWO O D ST

MERIO N CT

DORAL C T

SANDPIPER AV DE

EER FIEL D ST

M LI DRED PL

DEL NO RTE AVEMAIDSTONE ST

ST ANDREWS ST

IMPERIAL

L ASSEN AVE

BERM UDA
DUNES
ST

WAL KER AVE

BERM UDA DUNES ST

HARBOUR AVE

CASTLE MAIDSTONEST

COTTO NWOO D ST

C AR NOU ST IE CT

PALM AVE

FERN AV
MON TICELLO
ST

GREVILL EA ST

BO XWOO D CT

BI RCH CT

PL UM AVE

CONCO RD AVE

CHERRY AVE

SPRUC E ST WIS TERI AC T

MON TEREY AVE

PL EASAN TPL

MIRAM ONTEAV

PH OENIX PL

CALDWELLPL

WI STERIA ST

TAYL OR PL

SPRU CE ST

HOPE PL

BO XWOOD CT

WISTERI AC T

SANDERLI NG ST

PL EASAN TAVE

MON TEREY PL

MIRAM ONTE PL

SAN DERLIN G ST

HOPE PL HOPE PL

TAYL OR PL

SANDERL ING ST

M ON T IC E LLO
ST

CEDAR ST

M ON T IC E LLO

GREEN WOO D

SKYL AR K ST SKYLARK ST

PH OENIX AVE

CALDWELL AVE

MALC OLM AVE

GOL DCRESTAVE

M O NT IC ELL O ST

BO N VIEW

SH EA R WAT ER
ST

PH OENIX PL

TAYL OR PL

HOPE PL

GOL DCREST PLGREENWOO D PL

GARFIELD PLHOLM ES PL

MARI GOL D PL

HOLM ES PL

M ILDRED PL BANYAN

D EL NO RTE AVE

OAK HI LL OAK HI LL

SAND PI PER PL
MI PE

R AI L PL

BANYA N ST

L AKE AVE

BERM UDA DUN ES ST

TAM O SHANTER

L ASSEN AVE

SPYG LASS CT
DO RAL
CT

CO STACTIN V E R N E S SC T

MERIO N DR CASTLE HARBOUR PL

M EADOW BRO OK PL

CASC AD ES CASC AD ES TR PI NEHURST CT

AU GUSTA AVE

DORAL ST

MERIO N ST

RIVERSIDE DR

M IRAM ONT E
AVE

OAKHI LL ST
BANYAN

CT PL EASAN TAVE

MAL CO LM AV

SU LTANA AVE

FAIRFIELD ST

TA M O 'SHA NTER ST

M RI AM ON TEPL

MO NTE REYPL

TA M O 'SHA NTER ST

BERM U DA D UNE S ST

MO NTE RE

CHE RRY HILL Y
ST

DORAL ST

DUNES CT

MERIO N ST

MA LC O LMAVE

CONCO RD PL

FAIRFIELD ST

OAK HIL L CT

BANYAN ST

CHERRY H ILL ST

OAK H ILL CT

PIN EHURST PL

BANYAN CT

TAM O SHANTER

HAZELTINE ST

AU GUSTA AVE

BRO OKSIDE ST

ST ANDREWS PL

BANYA N

Q UAKER RIDGE P

O LAK HI LL CT

CHERRY HIL L ST

PR AR EI DU NES PL

BANYAN ST

HILL ST

BO CA RATON C T

TIARAAVE

BAL BOA AVE

VALENC IAAVE
CHERRY

SAN DIEG O PL

SACR AM ENTOPL

PEBBLEBEACHCT
BALBOA

WHISPERINGLAKES

NI VERNESS

BR OOKSIDE DR

ST ANDREWS DR

BAKER AVE

D IVER SAD R

TAM ARASK DR W H ISPER IN G LAKES LN

SANDPIPER AVE HAZELTINE ST

DEL NOR TE PL

STANDR EWS CT MILD RED PL

AM ADOR PL

O AKH I LL D R

CAL AV ERAS PL

DEL N ORT E P L

FIRECR EST C T

WOODLAR K D R

AR CADIAN SHO RES RD

WALN UT ST

HAZELTINE ST

PEAC HTR EE PLDR

PEAC HTR EEPL

BRO OK SIDE C T

CO TTON WOO D TR

CO TTON WOO D C T

ST ANDREWS DR

PEAC HTR EE

PL DUN ES S T

MERIO N ST

PLA NI F EI DLDR

PEAC HTR EEPL

NO RTH SHO RE S DR

SHO R ES
NO RTH

SH ORES
RD

AR CADIAN

TURN ER AVE

PL AINFIELD DR

CO LO NIAL AVE

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

DUN ES S T

CYPR ESS PO INT PL CYPR ESS PO INT PL

PINE VA LLE Y AVE

AR CADIAN SHO RES RD

SU RREY WY

GR EENB RIAR DR

BR ONCO DR

NO RTH SH ORE

LONG HORN ST DR

PE ACH TREE PL

NO RTH SH OR E D R

PLAINFIE LDDR

BLACK HO RSE DR

TURN ER AVE

PO NY DR STA LLION WY

CO LT WY

WRA N GLE R PL

BLAC K HORSE DR

CHAPARRAL ST

ROCKY PL

CLO VER WY

PEACHTREELN

O LD AR CH IBA LD R ANC H R D

G RE Y F OX L N

L EMO N AVE

PL UM AVE

CHE RRYPL CHE RRY AV E

CHE RRY HILL
CT
WY

DO RAL ST

PLUM LN

CO TTON WOO D S T

CHE RRY

PL UM LNBANYAN ST

CHE RRYPL

OAKHILL ST

FERN AV
GEYER
C T

BER MU DA DU NES CT

CO RMORANT D R

BL UE JAY WAY

LAUREL ST

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

VI NEYARD AVE BERM U DA DUN ES C T

HARBOUR TOWN TR

CANTERBURY

COL ONI AL AVE CANTERBURY

RICH MO ND ST

BRO OKSIDE ST

O A K HIL L DR

PI NE VAL LEY

WAL NUT ST

WI L M ING TON DR

CO LON IAL AVESE A ISLAND PL

DO VER PL

LE XING TO N PL

TA M O '

SHAN TER

HAZE LTIN E ST

CO GH ILL ST

DUN ES S T

PI NE VAL LEY AVE

CEDAR R DI GE DU NES ST

DESERT FOREST AVE

CEDAR RIDG E
ST. ANDREWS ST

OAKMO NT ST

TURN STON EAVE

TAM O SHANTER

WAL NU T ST

DUNLIN WY

BI G RAN GE R D

WRANGL ER PL WRANGLER PL

PALO MI NO PL

MUSTANG DR

BL ACK HOR SE DR

CEN TUR IO N W Y

LA GO ST
W OO D

OAK LEAF
C T
RD

PO PLAR DR

WOO D C T MO RN ING
ST. TROPEZ DR

BIS ON WY

FAWN C T

BLUE FOX D RWY

ANTE LO PE

RE NI DEER L N
PL

DE ER CR EEK L OO P

CRYSTA L LK R D

WYPINEC ON E

RED PINE P L

R IPPLIN G BR OO K PL C ARIB O U PL

CLEAR LA KE R D

ELSINO RE WY

ANTLER RD

GIN GE R

G LEN R D
CED AR

SHAD OW
WA RM

SOD A SPRIN GS
CT
C K WY

SPG S CT

ASH G ATE W Y

MI L ANO ST

G EN OA

ASHG ATE PL

ASHG ATE CT

SU M MER ISLAND

APPL EWOO D DR
NECTAR

CREEKSIDE DR

ALD ER CREEK DR

O AK C REEK D R

O A K C R EEK

O AK CR EE K

STRAWBERRY CREEK PL

ADLER CK

TUO UL M NE

CT CEDARG LEN

LAURELTREE DR GING ER WO OD RD

OAK LEAF RD

MO RN ING -

WOO D C T

S COU T CT

PEACHTREE PL

BUR NING TR EE DR MUS TANG PL

PALO MI NO PL

PIN TO PL

TUM BLEWEED ST

CHAPARR AL ST

COLD SPRINGS PL
WAY

RUSH C REEK SAN LO RENZO RVR RD

YUBA R VR R D

BIG CREE K STRAW BERR Y CR EEK
S NO W

GR AEAG LE

TUO LU M NE P L

C OU NTRY OA K S LO O P

MIL L CR EEK

M A D RVR RD

K IN GS RVR L N

AM ER ICAN RI VER RD

SAN LOR EN ZO RVR RD

GREYSTO NE DR

BRENTSTONE ST

HARTFORD ST MO NO CK

SH ERWI N CK PL WY

SALM ON R IV ER D R OWE N S RI VER
LN
Mc G EE C K LN

YUBA R IVER
DR
W Y
CK PL

HO LC OM B LIV EOA K CK CT

SAN TIAG O CR K WAY

EEL R IVE R PL

BRU S H CK PL SAL T CK W Y
Mc CLO UD RVR LN

R U SSIAN R VR DR

YUBA R IV D R

BOIS E CK P L

WH ITE S TAG RD AN TLE R RD

EV E RG R EEN D R

M OO SE D EE R D R

AN TL ER RD

ALD ER D R

CANARY CT ACO RN PL

CAP RI ST

D AY CR EEK D R

HONE YBROOK WY

DEER CR E E K L O O P

CLEA R LAKERD

BUF FAL O RD

BLACK PINE P L

C T SU GAR M APLE

M ONTE G O AVE

TURN ER AVE

DOUBLEDAY AVE

GING ER WOOD R D

COUNTRY OAKS

OAK CR E E KD R

EAGL E CK PL

MO O SE CK LN

C ARIB OU C K CT

GR IZ ZLE Y CK CT CO ND OR CK LN

BEAVE R
CK LN

EL K CREE K D R

BIG CR EEK R D

YUBA R IVER D R

ME RCE D RIV ER R D
Mc CLO UD RIVE R RD

TR UC KEE R VR

MILLIKEN AVE

STANFOR D AVE

DUPONT AVE

EXCI SEAVE

POINTE AVE

SPRU CE ST

CEDAR ST

STERLI NG ST

POINTE AVE

TURN ER AVE

O AKL AN D AVE

BO NITA AVE

SPRUC E CT

HO LLY AVE

HOLL Y PLREDWOO D PLHICKORY PL

TIFFANYPL

MON TIC ELLO ST

HICKORY AVE

RE D WO OD AVE
DAMSON
CT
LARODA
CT

SPRU CE ST

CEDAR ST

MANZANITA CT

GREVIL LEA ST

LARODA CT

CYPR ESS AVE

DEL RANCHO CT

PALM ETTO AVE

FRANCI S ST

LARODA CT
POMONA FWY (SR-60)

P OIN TE A VE

BUSI N ESS PARKWAY

CEDAR ST

FRANCI S ST

PR OFORM AAVE

DE SOTO PL

PR OFORM AAVE

SPRU CE CT

DEL R OI WYCEDAR ST

HELLM AN AVE

CARLOS AVE

LYN X PL

CEDAR ST

QUAKER RID GE P

GREVILL EALCT

VI NEYARD AVE

MON TIC ELLO CT

BAKER AVE

CASTLE HARBOUR PL SH EARWATER ST

FREM ONT CT

CEDAR ST

AU GUSTA CT

WAL KER AVE

PI NEHURSTAVE

SPRU CE ST

CEDAR ST

PAR CO AVE
W

SKYL AR K ST

AL KER AVE

AU GUSTA PL

FRANCI S ST

MO NTIC ELLO S T

FRANCI S ST

CUCAMO NGA AVE

TAYL OR PL

CAMPUS AVE

LOC USTST

MIRAM ONTE AVE

MON TEREYAV

CEDAR ST

SPRUCE ST

LEMO N AVE

SU LTANA AVE

FERN AV

LARODA CT

DAMSON CT
CEDAR
ST

FERN AV

MANZANITA ST

SAN ANTON OI AVE

GREVILL EA ST

BO NITA AVE

C OLO RADO RVR RBD

UTTE CK PL
Mc CLO UD R VI E R RD

STON E CK

SILVERAD O

C REE K PL

KL AM ATH RIV ER DR

FOX CK L N

A NTEL O PE CREEK DR

EL M ST

CHESTNUT ST
CT
COPPER

GOL D CT

CONTEMPO CT

TIFFANY P
MAPL
LE ST
PL

SI ER RA DAW N

NO CTURNE CT

M EDALL ION CT

REDWOO D AVECADENZA CT

AQ UARIUS C T

ZENIA CT

LO CUST ST

BU CCANEER CT

CAMELO T CT

YU CCA ST

VALEN TIN E CT

TRO PICANA CT

QUIN CE CT

LANTANA AVME

ON TEZUM AC T

MISTY CT

CONTEMPO ST

PLATI NUM CT

MAPLE ST

LOCU ST ST

EL M ST BO N TI A AVE

SON OM A CT BEVERLY

O AKL AND PL

BO NITA PL

VINE PL

FERN AV

BU DD ST

LOCU ST

PALM AVE

MAPLE ST

AM BER PL

MO NTEZUM A ST

LAUREL AVE ST
AVE

AC AC IAAVE

BU DD ST

DE AN ZA C IRCLE

LOCU ST ST

MAPLE ST

FRANCI S ST

LOCU ST ST

PI NE CT

SPRUCE CT MAGN OLI A AVE

TREE TOPS LN

SM OKETREELN

LO G GE RS LN

PINE W OO D LN

WHITTL ERS LN

EL DERBERRY CT

MON TIC ELLO ST

FUCHSIA AVE

GARDEN AI AVE

OAKS AVE

CEDAR ST

HELEN AVE

AL MO ND AV SPRU CE
ST

FRANCI S ST

JUNIPER ST

HELEN AVE

OAKS AVEMAPLE
CT

EUCALYPTUS CT

TRO PICANA ST

MAGN OLI A AVE LOCU ST ST

JACARANDA ST

AZAL EAAVE

DAHL IA AVE

JASM NI E PL

TRO PICANA
CT

QUINCE CT

TRO PICANA ST

TRO PICANA CT

EU CALYPTUS
QUINCE
ST

QUINCE CT

PALM ETTO AVE EUC ALYPTUS ST

BR IAR AVE

BOU LD ER AVE

M APL E CT

PI NE PL

BR AI R AV

MAPLEEST

BO ULDER AVE ASHL AND ST
MAPLE
ST

LINDEN AVE

JUNIPER ST
MAPLE
ST

GRANI TE AVE

JACARAN DA ST

LOCU ST ST BO ULDER AVE

GRANITE AVE

MARIG OL D PL

LOCU ST ST

AC AC IA CT

WOODL AWN ST

PARKSIDE PL

AC AC IA ST

MIL DRED AVE

LOCU ST ST

BAKER AVE

EL M ST

AC AC IA ST

SACR AM ENTO AVE

VI NEYARD AVE

VALENC IA ST

BAL BOA AVE

EL M ST

LOCU ST CT

MAPLE PRI VADO

CARLOS AVE

BAL BOA AVE

FRANCI S ST

AVIO N PL

TOW ER DR

JURUPA ST

LINDSAY PRIVADO

JURUPA ST

TURN ER AVE

DOUBL ED AY AVE

CARNEGIE AVE

LA SALL E ST

VI NEYARD AV

AI RPORT DR

WAL KER ST

AI RPORT DR

KERN ST

PEACH AVE

ONTARI O BLVD

GROVE PL

MAIN ST

CUCAMO NGA AVE

MAITLAND ST

CALIFORNI A ST

CUCAMO NGA AVE

JEFFERSON ST

WASHI NGTON ST GARF EI LD AVE

STATE ST

BO N VIEW AVEHOPE AVE

BEL MO NT ST

TAYL OR AVE

ONT ARIO BLVD

CALDWELL AVE

PARK ST

SUNKIST ST

CALDWELL AVE

CAMPUS AVE

RALSTO N ST

MON TEREY AVE MON TEREY AVE

NEVADA ST

CALIFORNI A ST

SU LTANA AVE

CHERRY AVE

PL UM AVE

LEMO N AVE

FR ANCI S S T M ETR O WAY

JURUPA ST JURUPA ST

ZINFANDEL C T

VANDERBILT ST

HUDSON AVE

FRANCI S ST FRANCI S ST

CHAMPAGNE AVE FRANCI S ST

C HABLIS AVE

CL ARK ST

JURUPA ST

VI NTAGE AVE

VI NTAGE AVE

SANTA ANA ST

MALAG A PL

SARAH PL SARAH PL

JURUPA ST

AUTO C ENTER DR
McNAM ARA ST

WINEVILL E AVE

AUTO C ENTE R DR

ROCHESTER AVE

WAN AMAKE R AVE

WAL L ST

WO OD RUF F WAY

ROCKEFEL LER AVE

LO WELL ST

SANTA ANA ST

DUPONT AVE

D OUB LED AY AVE

SANTA ANA ST

PLEASANTAVEM ONTEREY AVE

PLEASANT AVE

AC ACIAA VE

EL M ST

EL M ST DE ANZA AVE

MAPLE ST BO N VI EW AVE

WOODL AWN ST

AC AC IA ST

CUCAMO NGA AVE

PL EASAN TAVE

MELR OSE AVEMALC OLM AV
M
E

IRAMO NTEAVE

NOCTA ST

LYN N HAVEN
D ST

CHERRY AVE

SI ER RA C T

EM POR IA ST

WILL OW ST

NOCTA ST

EL MA ST

MU SC ATEL AVE

MAIN ST

EM PORI AST

IMPERIAL AVE

EL MA CT

LASSEN PL

EL MA CT

CORO NA AVE

SACR AM ENTO AVE

VI NEYARD AVE

CONVENTIO N CENT ER WAY

D EAR BORN CT

VI NEYARD / TER M NI AL WAY

GUASTI RD

AI RPORT DR

PEPPER TREE L N

SYCAMO RE RDTURN ER AVE

GUASTI RD

C EN TREL AKE
D R

EBO NY ST

SEQ UOIA AVE

PONDERO SAAVE

AI RPORT DR

CLEVELAND AVE

HOLT BL

BR ICKELL ST

AI RPORT DR

BR ICKELL ST

BR ICKELL PR IVADO

WANAM AKER AVE

O NTARIO MILLS PAR KWAY

GIBRALTAR ST

AI RPORT DR

ONTARI O M ILL S PARKWAY

VI NTAGE AVE

FRANKL INAVE

ONTARI OMIL LSDR

MI LLS CIRC LE

BEL MO NT ST

STATE ST

MAIN ST

CARLTO N ST

PALM AVE

LAUREL AVE

FERN AVE

VI NE AVE

SI LVER CT

SAN ANTON OI AVE

CARLTON ST

CALIFORNI A ST

NEVADA ST

CYPR ESS AVE

PALM ETTO AVE

RALSTO N ST

SU NSONG CT

SEASHEL L CT

ECL IPSE CT PI NE AVE

WOODL AWN ST
BAHI A
CT

AZALEA AVE

SU NKIST ST

PH ILL IPS ST

R ALSTON ST

MAGN OLI A AVE

EL DERBERRY AVE

OAKS AVE

AL MO ND AVE

C LAIR ST

STATE ST

OAKS AVE

BR OOKS ST

VESTA ST

ELD ERBERRY AVE

BEG ONIA AV

CAMELL IA ST

PALM ETTO AVE

HO LL OWEL L ST

VESTA ST
B ST

GRAN TI E AVE

BR OOKS ST

CYPR ESS AVE

SAN ANTON OI AVE

EM PORI AST

MAIN ST

BR OOKS ST

BEVER LY CT

BO NITA CT

VI NE AVE

TRANSIT ST

EM PORI A ST

FERN AVEPALM AVE

LAUREL AVE

TRANSIT ST

B ST B ST
C ST

FERN AVEPALM AVELAUREL AVE

PL UM AVE

EM PORI AST

MARIN AVE

MADERA AVE

MADERA AV
H ST E

BAKER AVE

GRANADA CT

PL AZA SERENA

OR ANG EAVE

PLACER AVE

SACAM ENTO AVE

SAN D EI GO AVE

ROSEWOO D CT
N
JAY ST

APA AVE

MERCED AVE

ROSEWOO D CT

MARIPO SAAVE

GRANADA CT

LASSEN AVE

HUMBO LDT PL
J ST

SU LTANA AVE

CHERRY AVE

EL MO RADO CT
F ST
G ST
E ST

VI NE AVE

BO NITA CT
F ST

FL ORA ST
D ST

BEVERLY SQ

EL MO RADO ST

GRANADA CT

BERKEL EY CT
I ST

VI NE AVE

PAL M AVE

LAUREL AVE

GRANITE ST

FL ORA ST
E ST

BO ULDER AVE
G ST

EL MO RADO CT
H ST

GR AN AD A C T

BERKEL EY CT

GRANITE AVEBO ULDER AVE

CYPRESS AVE
F ST

E ST PALM ETTO AVE PALM ETTO AVE

PALM ETTO AVE

GLENN PL
D ST

FL ORA ST

HUMBO LDTCT
F ST

EL DORAD OCTGLENNCT

EL MO RADO CT

LAKE AVE

IMPERIAL AVEHUMBO LDT CT

GLENN AVE

EL DORA DO AVE

DEL N ORTE AVE

CALAVERAS AVE CALAVERAS AVE
I ST

LASSENAVE

LAKE AVE

FR ESN O ST

HUMBO LT

GLENN AVE

EL DORAD O AVE

ROSEWOO D
CT

FL ORA ST

AM ADOR AVEAL AMEDA AVE

AL AMEDA AVE

PARKSIDE AVE

VI RG NI I AAVE
G ST

VI RGINI AAVE FL ORA ST

PARKSIDE AVE
E ST

CUCAMO NGA AVE

HOLM ES AVE

CUCAMO NGA AVE

LA PAL OM AAVEHOLM ES AVE

LA PAL OM AAVE
J S T
I ST
H ST

EL MO RADO CT

GREENWOO D AVE

FL ORENCE CT

GRANADA CT
FST

FL ORA ST

FL ORENCE AVE

AL LYN AVE
F ST
E ST
D ST

BERL YN AVE

AL LYN AVE

ORCHARD LN
J ST

PL AZA SERENA
J ST

CAMPUS AVE

MON TEREY AVE
E ST
G ST

EL MO RADO CT
H ST

GRANADA CT
I ST

PL AZA SERENA

MON TEREY AVE

ROSE WO OD CT

ONTARI O M ILL S PARKWAY

INLAND EMPIR E BL VD

FERR ARI L N

POR SC HE W Y

INLAND EMPIR E BL VD

L OTUS AVE

SHELBY ST

TRIU MPH L N CORVETTE D
JAGUAR
R WY

TURN ER AVE

INLAND EMPIR E BL VD
G ST

MAR PI O SAAVE

LAKE AVE

HAWTHO RNE ST

EL DO RADO AVE

HAWTHO RNE ST

BONNI E BRAE CT

YALE ST

PR INCETO N ST

MANDAL AY ST

PR INCETO N ST

YALE ST

FIFTH ST

ORANGE AVE

PL ACERAV

HAWTHO RNE ST

VI NEYARD AVE

FIFTH ST

BR AE CT

M ULBERRY CT

BAL BOA WAY

BONNI E

HAWTHO RNE CT

CARLOS PL

ISADORA WAY

HACIENDA DR

LAM ANCHA WY

DEL RIO WY

LA DENEY ST

HELLM AN AVE

DEL R OI PL

YALE ST

C ENT ER AVE
MALL
DR

MIL LS CI RCLE GURNEE
AVE

FR A NKL IN AVE

ON TARIO M IL LS D R ROCHESTER AVE

W NI EV LI L E AVE

COR ONA AVE

LA DENEY CT

SI XTH ST

ARROYO DR

AL ONDR A AVE

C AR LO S

SO LANO PL

AL ONDR AC T

DEODAR ST

SAN DIEGO
PL

SA CRAMENTO
PL

ORANG E PL

BERKELEY CT
J ST
F ST

AZALEA AVE

BEGON IAAVE

CAMELL IA AVE

DAHL AI AVE
G ST

GARDENI A CT
F ST

FL ORA ST

FAWN ST

EL DERBERRY AVE

FUCH SI A AVE
D ST

HOLL OWEL L ST
E ST

OAKS AVE

HYACIN TH CT

IRIS CT H ST

GRANADA CT
I ST

EL DERBERRY AVE

FUCH SA AVE

GARDENI AAVE

OAKS AVE

BERKELEY CT

J ASM INE CT

JASM INE AVE

J ST BEG ON AI AVE

HARVARD PL

PR INCETO N ST

YALE ST

FIFTH ST

ROSEWOO D CT
J ST

HARVARD PL

COLL EGE WAY

PALM AVE

BONN IE B RAE C T

BO NNIE BR AE CT

PR INCETO N ST

SU LTANA AVE

PL EASAN T AVE

FIFTH ST

YALE ST

CAMPUS AVE

HARVARD PL

BERL YN AVE

PR INCETO N ST

COUNCI L AVE

YALE ST

ROSEWOO D CT

ORCHARD LN

AL LYN AVEORCHARD LANECOUN CIL AVE

HOL MES CT

LA PAL OM ACT

H AR VARD P L

VI RG NI I AAVE

PARKSIDE AVE

BO NNIE BRAE CT

FIFTH ST

CA ROLIN E ST

VI RGINI AAVE

CAROLI NE CT

VI RG NI I A AVE

HO LM ES CT

SI XTH ST

DEODAR ST

HAWTHO RNE ST
HOPE

LA DENEY
CT

MARCEL LA CT

HAWTHO RNE ST

M RI AM ONTE AVE

MON TEREY AVEPL EASAN TAVE LA DENEY

SI XTH ST

COLU MBIA AVE

ORANG E

PL ACER AVE

SACR AM ENTO AVE

SAN D EI GO AVE

TRI NIT Y L O OP ALVARADO

LA PAZ AVE

SEVENTH ST

HI GHLAND CT

OL IVE ST

SYC AM O RE ST

BARR AN CAAVE

CAROL INE CT

HACIENDA

SY CA MOR E CT

HACIENDA DR

CAR O LI NE D R DEOD AR ST

SOL ANO AVE

HAWTHO RNE DR

L A DENEY CT

ALVARADO ST

CHARMO RE

HAWTHO RNE ST

LA DENEY DR

OAKLAND

ARM SLEY SQ

BO NITA

CHAFFEY

AM BER CT

BEVERLY CT

OAK L AND AVE

BO N TI A AVE

CAROLI NE CT

RICHL AN D ST

ALVARADO CT

SYCAM ORE CT

SEVENTH ST VI RGINI A AVE

HIGHL AND CT

OLIVE CT

RAYM OND ST

RAYM OND CT

PARKSIDE

EI GHTH ST

AMADO R AVE

CALAVERAS AVE RAYM OND ST

HIGHL AND CT

DEL NO RTE AVE

EL DORAD O AVE OLIVE
CT

EL DORAD O AVE

GL EN N AVE

H UMBO LTAVE

EL DORAD OAV

SYCAM ORE ST

SYCAM ORE

HUMBO LDT AVE

LAKEAVMADERAAV

CO RONA AVE

SEVENTH ST
MADERA

M AR NI AVE

ORAN GE CT

PL ACER PL

ISADORA WAYCARLOS AV

LA DENEY D R

LASSEN AVE

DEL NOR TE CTCALAVERAS C T

LA DENEY DR

AM ADOR AVE

AM ADOR AVE

ALVARADO ST

MOUNTAIN AVE
POMONA FWY (SR-60)

PHILADELPHIA ST PHILADELPHIA ST

EUCLID AVE

RIVERSIDE DR

PHILADELPHIA ST

EUCLID AVE

BEL MO NT ST

RALSTO N ST

MAITLAND ST

OAKLAND AVE

BO NITA CT

VI NE AVE

PALM AVE

CYPR ESS AVE

M AITLAND ST

EUCLID AVE EUCLID AVE

HOLT BLVD

EUCLID AVE
SAN BERNARDINO FWY (I-10)

GROVE AVE

BAKER AV

FOURTH ST FOURTH ST FOURTH ST FOURTH ST

HOLT BLVD

GROVE AVE

GROVE AVE

MISSION BLVD

GROVE AVE GROVE AVE

RIVERSIDE DR

PHILADELPHIA ST

FOURTH ST

ARCHIBALD AVE ARCHIBALD AVE ARCHIBALD AVE

PHILADELPHIA ST

ARCHIBALD AVE

ARCADIAN SHO RES RD

OAK HIL L DR

FAIR FIEL D ST

TURN STON E

ARCHIBALD AVE

RIVERSIDE DR

MISSION BLVD

HAVEN AVE

MISSION BLVD

DU PO NT AVE

HAVEN AVE

FOURTH ST

HAVEN AVE

MILLIKEN AVE
ONTARIO FWY (I-15)

MILLIKEN AVE MILLIKEN AVE
ONTARIO FWY (I-15)

PHILADELPHIA ST

W NI EV LI L E AVE

B UR GUNDY PL

PHILADELPHIA ST

ETIWANDA AVE ETIWANDA AVE ETIWANDA AVE

FOURTH ST

BARR NI GTON AVE

LEMO N PL

EXCI SEAVE

CHINO AVE CHINO AVE CHINO AVE CHINO AVE CHINO AVE

ONTARI O RANCH RD

EU CALYPTUS AVE

MERRIL L AVE MERRIL L AVE

BO N VIEW AVE

CUCAMO NGA AVE

ROSEWOO D CT ROSEWOO D CT

JASMI NE C T

PALM ETTO AVE

YALE ST

FIFTH ST

YALE ST

CYPR ESS AVE

HELEN AVE

IRIS CT

PR INCETO N ST

HELEN CT

OAKS CT

DEODAR ST GARDENIA
CT

FUCH SI AAVE

EL DERBERRYAVEDAHILA CT

SI XTH ST

HELEN AVE

GARDENIAAVE

AR MSLEY SQ

LA DENEY DR

EL DERBERRY CT

BO NNIE BRAE CT

HAWTHO RNE ST

LA DENEY DR

PALM ETTOAVE

BO ULDER AVE

SI XTH ST GRAN TI E AVE

CYPR ESS AVE

CYPR ESS AVE

BO ULDER AVE

GRANITE AVE

HARVARD PL

SAN ANTONI O AVE

OAKS AVE

HARVARD PL

PR INCETO N ST

HAWTHO RNE ST

JASM NI E AVE

BO NNIE
BR AE
CT

KENMO R E AVE

KENM OR E

VI NE AVE

DEODAR ST DEODAR ST

BO NNIE BRAE BO NNIE BRAE CT
CT

HAWTHO RNE ST

LA DENEY DR

YALE ST

COLU MBIA AVE

LA DENEY
DR

DEODAR ST
HOPE

HIGHL AND CT

LEEDS AVE

BAKER AVE

LASSEN AVE

L AKE AVE LAKEHUMBO LTAV

MADERAAVMARINAVCO RONA AVE

S OLANO AVE OL IVE CT

MERCEDES L N

MISSION BLVD

MOUNTAIN AVE

BENSON AVE
SAN BERNARDINO FWY (I-10)

MOUNTAIN AVEBENSON AVE

HOLT BLVD HOLT BLVD

MISSION BLVD

MISSION BLVD

MOUNTAIN AVE

BENSON AVE

CONTEM PO CT

CHINO AVE CHINO AVE

CHINO AVE

BAKER AVE

CHINO AVE

GROVE AVE GROVE AVE GROVE AVE GROVE AVE

BO N VIEW AVE

ED ISON AVE

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

CAMPUS AVE

ED ISON AVE

EU CALYPTUS AVE

EUCLID AVE EUCLID AVE EUCLID AVE EUCLID AVE EUCLID AVE

DEER FIELD S T

C HER RY AVE
ONTAR OI FWY (I-15)
SAN BERNARDINO FWY (I-10)

SH EA DR

PO NDEROSA AV

SEQ UO AI AV

FRANCI S ST

PACIFIC

PR IVADO

SL ATERCIR

GO LDEN TRAILS

SILV ER SAD DLE ST

PALOM INO CT

CEN TUR IO N P L

PLAINFIE LD PL

OLD AR CH IBALD R AN CH R D STALLION WY

RO AN ST

R O DEO PL

SHO RE S

RDARC ADIA N

JO SH UA TRE E RD

CEN TUR IO N P L

JO SH UA TRE E ST

AUTU MN
RIDG E
RD

RO CKY LN

GR EEN BRIAR
D R
PON Y
WY

CLOV ER P L

STALLION ST

SWEET WATER
DR

RO CKYWY

CLOVER LN

DUNES ST

LAUREL VLY L N

SEA SI L AND TR

CEDAR CT

EI GHTH ST

LOCU ST CT

M IL L C K

GUASTI RD

CAR RILLO P RIVAD O

MOO RE WY

JOHN BANG S DR

MANZANITA CT

PALM PL

LAUREL PL

MO TO R LN

EA RL STONE D R

CO NC OR D AVE

ME RIO N ST PLUM LN

DEER FIELD C T
ST. AN DR EWS S T

DO RAL ST MO NTE REY AV E

DEER FIELD S T

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

PLE ASAN TAV E

HAZE LTIN E ST

BL UE J AY WAY

HAZE LTIN E ST

WINDS OR ST

CO NCO RDAVE

CHE RRY AV E

CO TTON WOO D S T

GO LDCR EST P L DO RAL CT

DEER FIELD S T

HO LM E S AV HO ML E S PL

G AR FIELD AVE

DUN ES S T

H O PE AVE

DEER FIELD S T

CUCAMO NGA AVE

GR EEN WOO D S T

TAYLO R AVE

CAMELL AI AVE

FOURTH ST

AR A B IA N PL

CLYDE SD ALE ST

ARC ADIA N SH OR ES AV

BUR NING TRE E DR

THO RO UG HBR ED S T

BIG RANG E RD

N ORTH SH O RES DR

CHINO AV

TURN ER AV

GROVE AVE

WAL KER AVE

AR CHIBALD AVE

CARPEN TER AVE

CLEVELAND AVE EU CALYPTUS AVE

HAVEN AVE HAVEN AVE

ED ISON AVE

AR CHIBALD AVE

EU CALYPTUS AVE

HAVEN AVE

AR CHIBALD AVE AR CHIBALD AVE

MERRIL L AVE

CARPEN TER AVE

ONTARI O RANCH RD

EU CALYPTUS AVE

MERRIL L AVE

ED ISON AVE

WAL KER AVE WAL KER AVE

EU CALYPTUS AVE

ED ISON AVE

VI NEYARD AVE

WAL KER AVE

ONTARI O AVE ONTARI O AVE

SMIDER LE LP

CHINO AV

CEDAR ST

GREEN PRIVADO

PR IVADO
CHIEF

VI AASTI

VI AAL BA

VI API EM ON TE

VI ATURI N

VI AVI LLAG IO

ONTARIO C ENTER PARKWAY

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

KETT ERIN G DR

OLD GUASTI RD

GREVILL EA CT

GUASTI RD

COMMERCE PARKWAY

COM MERCE PARKWAY

AI RPORT DR

TO YO TA WY

CONCO URS ST

CONCO URS ST

CONCO URS ST

CONCO URS ST

AVIO N ST

AVIO N ST

JASM INE CT

AL MO ND AV

BENSON AVE

BAKER PRI VADO

MARIPO SA PRIVADO

EL MA PRIVADO
D ST

NOCTA PRI VADO

MARIN PRIVAD O

NOCTA ST

MADERA PR VI ADO

M ON TEZUM A S T

CO NTEM PO CT

BRIAR WY

CO TTON WOO D C T

PARKSIDE AV

VIRG INIA PL

COTTO NWOO D CT

STONER IDGE CT

TA H OE DR

ASH GAT E WAY

LAKE PL

LAKE PL

DEOD AR ST

MARIPO SAAV

MARINAV

MADERAAV

HIGHL AND CT

OLIVE ST

RAYM OND ST

MARINAVMARIPO SAAV
ST. ANDREWS ST

FL ORA ST

SEDO NA CT

D U ES E NB ERG DR

O R A N G E P R I VA D O

P L A C ER P R I V A D O

SOLA NO PRIVAD O

HAR VARD PRIVA DO

PLA C ER P RIV AD O PLA C ER P R VI AD O

EDENG LEN AVE

AUBURN WY

DNI L CALLAWAY DR

ENWO O D DR

HERITAGE LN

G ROV ELAND DR

COTTAGE WY

EDENG LEN AVE

QU NI C Y WY

EDENG LEN AVE

HAMP SHIRE DR BETHANY WY

EMO RY LN

OAKWO OD DR

EDENG LEN AVE

TU LA NE WY

HAMP TO N WY

BRADLEY LN

CLAREM ONT DR

WE STMO NT LN HAMILTON WY

C AMBR IDGE D R

RAYM ONDPL

LO CUST ST EL M CT

WAL NUT ST

WAL NUT ST WAL NUT ST

EL EVEN TH AVE

ELDERBERR Y CT

EU CALYPTUS CT

LEMO N AVE

SC HAEFER AVE SC HAEFER AVE SC HAEFER AVE SC HAEFER AVE SC HAEFER AVE

HAMNER AVE HAMNER AVE

VIA RU A RIO

VIA RU A FLOR ES

V AI BELAM AR AI

VI ATERRANO VI AC ORVINA

VI AFIANO

VI AMOL INARA

VI AD OLC ETTO

VI ABARO LO

AR B O R L N AR B O R L N

MERRIL AVE MERRIL AVE

KE N SIN G TO N AV E RO SE PETAL WY

WICKFO RD ST

O X FO RD L N

M CC LEV E WY WES T

MC CLEVE W Y EAST

C E N TE N N I A L C I W ES T C E N TE N N IA L CI EA S T

VI CTO RY LN

H E RI T A G E P A S E O

CR O W N
CT

PR IM R O S E
PL

S ALISBU RY W

DE VON SHIR E
Y
LN

DISCO VE RY ST

C EL EBRATIO N AVE

PARKPLACE AVE

PARKVIEW ST

HOPKINS ST

GROWER AVE

GREEN AVEHYCHE AVEDULISSE AVE WING ST

KL ASSEN ST

CELEBRAT OI N AVE

PARKPLACE AVE

TURN ER AV

NEW HAVEN DR

ONTARI O RANCH RD

ONTARI O RANCH RD ONTARI O RANCH RD

SC HAEFER AVE

RUTH ER FO RD DR

LA AVENIDA DR AL EXAN DER AVE

YO UNTVILL E DR

OA K VI LL E AVE

ED ISON AVE

LA AVENIDA DR

SC HAEFER AVE

CHIP S MITH WY

ALBRIG HT LN

VICTO RIA ST CO TTA GE

GAR DEN WY

PI NE RIDG E LP

SO MERSTON WY

MON DAVI WY

MERRYVALEWY

TRIN ITAS WY

MAYACAM A WY

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1 4
3 2
5 6
Five-Year Capital Project Needs Analysis
2025/2026 - 2029/2030
Project Description
1 Widen Grove Ave. from Fourth St. toAirport Dr. from 4 to 6 lanes. 2 Widen Holt Blvd. from 750 ft. west of to 750 ft. east of GroveAve.from 4 to 6 lanes. 3 Widen MountainAve. between Brooks St. and Vesta St. from 4 to 6 lanes. 4 Widen Holt Blvd. from 750 ft. west of to 750 Ft. east of MountainAve. from 4 to 6 lanes. 5 Etiwanda Ave. andAirport Dr. Intersection Improvements. 6 Vineyard Ave. from Riverside Dr. to Chino Ave.

Exhibit A
0 0.5
µ
1 2
Miles
August 11, 2025
By: Johnson Hua
S:\Engineering\TRAFFIC & TRANSPORTATION\TRAFFIC OPERATIONS\ Maps\Five-Year Capital Project Needs Analysis Grove 2025/2026 - 2029/2030.pdf 45 Nexus Project Cost 32,200,000 $
Dev. Loan? No5-Year Advance? NoPublic Share: 55.6%Dev. Share: 44.40% Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&EDTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&ETotal Cost: $570,016.28Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROWTotal Cost: $446,706.00Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONSTTotal Cost: $7,612,568.50Fund Type: MSI Arterial $ 2,116,294.04 $ 2,116,294.04 $ - $ - $ - $ - $ - DEV FEE $ 1,689,990.21 $ 1,689,990.21 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
$9,143,990.32
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Grove Corridor Widening (Fourth St to Airport Dr) and Holt Blvd/Grove Ave Intersection Widening Project Desrip: Widen Grove Ave from I10 to Holt Blvd from 4 to 6 lanes, W. Cuc. Crk BridgeCurrent Total Project Cost Estimate:Comments:Costs include PA&ED of the Grove Corridor project; and PS&E, ROW and CON for the Grove portion of the Holt/Grove intersection project. *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:$4,797,885.67
(Summation of Measure I)
Proj 1
2024/2025
46 Nexus Project Cost 48,817,215 $
Dev. Loan? No5-Year Advance? NoPublic Share: 55.6%Dev. Share: 44.40% Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&EDTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&ETotal Cost: $570,016.28Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ -
- Select Fund - . $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROWTotal Cost: $446,706.00Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONSTTotal Cost: $7,612,568.50Fund Type: MSI Arterial $ 2,116,294.04 $ 2,116,294.04 $ - $ - $ - $ - $ - DEV FEE $ 1,689,990.21 $ 1,689,990.21 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
$9,143,990.32
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd. from 750 ft. west to 750 ft. east of Grove Ave. from 4 to 6 lanes Project Description: Widen Holt Blvd from Benson Ave to Vineyard Ave from 4 to 6 lanesCurrent Total Project Cost Estimate:Comments:This is a portion of Nexus Project "Widen Holt Blvd from Benson Ave to Vineyard Ave from 4 to 6 lanes". Costs include the PS&E, ROW and CON for the Holt portion of the Holt/Grove intersection project. *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:$4,797,885.67
(Summation of Measure I)
Proj 2
2024/2025
47 Nexus Project Cost 2,631 $
Dev. Loan? No5-Year Advance? NoPublic Share: 55.6%Dev. Share: 44.40% Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&EDTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&ETotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROWTotal Cost: $140,000.00Fund Type: MSI Arterial $ 77,840.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 62,160.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONSTTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
This is a portion of Nexus Project "Widen Mountain Ave from Sixth Street to s/o Holt Blvd". Costs include the PS&E, ROW and CON for the Mountain portion of the Holt/Mountain intersection project. *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

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

Proj 3
2024/2025
48 Nexus Project Cost 2,631 $
Dev. Loan? No5-Year Advance? NoPublic Share: 55.6%Dev. Share: 44.40% Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&EDTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&ETotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROWTotal Cost: $140,000.00Fund Type: MSI Arterial $ 77,840.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 62,160.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONSTTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
$5,074,509.06
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd. from 750 ft. west of to 750 ft. east of Mountain Ave. from 4 to 6 lanes Project Description: Widen Holt Blvd from Benson Ave to Vineyard Ave from 4 to 6 lanes Current Total Project Cost Estimate:Comments:This is a portion of Nexus Project "Widen Holt Blvd from Benson Ave to Vineyard Ave from 4 to 6 lanes". Costs include PS&E, ROW and CON for the Holt portion of the Holt/Mountain intersection project. *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:$77,840.00
(Summation of Measure I)
Proj 4
2024/2025
49 Nexus Project Cost 5,270,000 $
Dev. Loan? No5-Year Advance? NoPublic Share: 55.6%Dev. Share: 44.40% Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&EDTotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&ETotal Cost: $0.00Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROWTotal Cost: $100,000.00Fund Type: MSI Arterial $ 55,600.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,400.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONSTTotal Cost: $2,165,346.00Fund Type: MSI Arterial $ 1,579,371.50 $ 225,624.50 $ - $ - $ - $ - $ - DEV FEE $ 180,175.00 $ 180,175.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ -
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Etiwanda Avenue and Airport Drive Intersection Improvements Project Description: Spot Widen Airport Dr from Kettering to Etiwanda Ave from 2 to 4 lanes, including intersection at Current Total Project Cost Estimate:Comments:City of Fontana is the lead agency on the project. *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:$1,860,596.00
(Summation of Measure I)
Proj 5
2024/2025
50 Nexus Project Cost 14,370,409 $
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $15,782,678.36
Fund Type: MSI Arterial $ - $ 8,336,410.71 $ 438,758.46 $ - $ - $ - $ - DEV FEE $ - $ 6,657,133.73 $ 350,375.46 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$15,782,678.36
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Vineyard Ave
Roadway Improvements
(Riverside Dr to Chino Ave)
Project Description: Construction
of Vineyard Ave roadway
improvements (6-lanes) from
Riverside Dr to Chino Ave
Current Total Project Cost
Estimate:

Comments:

The Vineyard Avenue Roadway
Improvements Project will be
included in the next Nexus Study
update.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$8,775,169.17
(Summation of Measure I)
Proj 6
51 RESOLUTION NO. _______

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

CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL
PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026-27 THROUGH 2030-31.

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five-Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario, State of California, that the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2026-27 through 2030-31, attached to this resolution as Exhibit A, is hereby adopted.

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

PASSED, APPROVED, AND ADOPTED this 16th day of September, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
52 APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
53 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 September 16, 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 September 16, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
54 EXHIBIT A
Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2026-27 through 2030-31
55 1
2 3
4 Five-Year Capital Project Needs Analysis
2026/2027 - 2030/2031
Project Description
1 Widen Grove Ave. from Fourth St. toAirport Dr. from 4 to 6 lanes. 2 Widen Holt Blvd. from 750 ft. west of to 750 ft. east of GroveAve.from 4 to 6 lanes. 3 Etiwanda Ave. andAirport Dr. Intersection Improvements. 4 Vineyard Ave. from Riverside Dr. to Chino Ave.

Exhibit A
0 0.5
µ
1 2
Miles
August 7, 2025
By: Johnson Hua
S:\Engineering\TRAFFIC & TRANSPORTATION\TRAFFIC OPERATIONS\ Maps\Five-Year Capital Project Needs Analysis Grove 2026/2027 - 2030/2031.pdf 56 Nexus Project Cost 32,200,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $446,706.00
Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $7,612,568.49
Fund Type: MSI Arterial $ 3,597,699.87 $ 634,888.21 $ - $ - $ - $ - $ - DEV FEE $ 2,872,983.35 $ 506,997.06 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
Costs include PA&ED of the
Grove Corridor project; and
PS&E, ROW and CON for the
Grove portion of the Holt/Grove
intersection project.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Grove Corridor
Widening (Fourth St to Airport Dr)
and Holt Blvd/Grove Ave
Intersection Widening
Project Desrip: Widen Grove Ave
from I-10 to Holt Blvd from 4 to 6
lanes, W. Cuc. Crk Bridge
Current Total Project Cost
Estimate:
$9,143,990.32
Total Measure I Request:
$4,797,885.67
(Summation of Measure I)
Comments:
2027-2031 CPNA Template - Proj 1
57 Nexus Project Cost 48,817,215 $
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $570,016.28
Fund Type: MSI Arterial $ 316,929.05 $ - $ - $ - $ - $ - $ - DEV FEE $ 253,087.23 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $446,706.00
Fund Type: MSI Arterial $ 248,368.54 $ - $ - $ - $ - $ - $ - DEV FEE $ 198,337.46 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $7,612,568.49
Fund Type: MSI Arterial $ 3,597,699.87 $ 634,888.21 $ - $ - $ - $ - $ - DEV FEE $ 2,872,983.35 $ 506,997.06 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
Comments:

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

Total Measure I Request:
$4,797,885.67
(Summation of Measure I)
$9,143,990.32
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Widen Holt Blvd.
from 750 ft. west to 750 ft. east of
Grove Ave. from 4 to 6 lanes
Project Description: Widen Holt
Blvd from Benson Ave to
Vineyard Ave from 4 to 6 lanes
Current Total Project Cost
Estimate:
2027-2031 CPNA Template - Proj 2
58 Nexus Project Cost 5,270,000 $
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $100,000.00
Fund Type: MSI Arterial $ 55,600.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 44,400.00 $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $2,165,346.00
Fund Type: MSI Arterial $ 1,579,371.50 $ 225,624.50 $ - $ - $ - $ - $ - DEV FEE $ 180,175.00 $ 180,175.00 $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
Comments:

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

Total Measure I Request:
$1,860,596.00
(Summation of Measure I)
$0.00
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Etiwanda Avenue
and Airport Drive Intersection
Improvements
Project Description: Spot Widen
Airport Dr from Kettering to
Etiwanda Ave from 2 to 4 lanes,
including intersection at
Current Total Project Cost
Estimate:
2027-2031 CPNA Template - Proj 3
59 Nexus Project Cost 14,370,409 $
Dev. Loan? No
5-Year Advance? No
Public Share: 55.6%
Dev. Share: 44.40%
Project Information Phase Funding PRIOR* FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
CONST
Total Cost: $15,782,678.36
Fund Type: MSI Arterial $ 8,336,410.71 $ 438,758.46 $ - $ - $ - $ - $ - DEV FEE $ 6,657,133.73 $ 350,375.46 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
- Select Fund - $ - $ - $ - $ - $ - $ - $ -
Other: ______ $ - $ - $ - $ - $ - $ - $ -
$15,782,678.36
Capital Project Needs Analysis
City of Ontario
Valley Arterial Sub-Program
Project Name: Vineyard Ave
Roadway Improvements
(Riverside Dr to Chino Ave
Project Description: Construction
of Vineyard Ave roadway
improvements (6-lanes) from
Riverside Dr to Chino Ave
Current Total Project Cost
Estimate:

Comments:

The Vineyard Avenue Roadway
Improvements Project will be
included in the next Nexus Study
update.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$8,775,169.17
(Summation of Measure I)
2027-2031 CPNA Template - Proj 4
60 Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT: ACCEPT WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT;

ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES; AND ADOPT A RESOLUTION

DECLARING IT NECESSARY TO INCUR BONDED INDEBTEDNESS

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and:

A. Accept written petition (on file with the Records Management Department) from KB Home Cal Management Services LLC. ("Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982;
B. Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 76 (Compass Pointe), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, November 4, 2025; and
C. Adopt a Resolution Declaring it Necessary for the City of Ontario Community Facilities District No. 76 (Compass Pointe) to Incur Bonded Indebtedness.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: Mello-Roos financing in the Compass Pointe residential development is projected to generate approximately $385,485 per year, at build-out, to fund administrative fees and municipal services; and approximately $14.9 million in bond proceeds to be used to fund a portion 61 of the public infrastructure improvements needed to serve the project. Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the district; therefore, there is no fiscal impact on the General Fund from the issuance of Mello-Roos bonds. City Council approval will be required to process annual special tax levies in future years.

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

In the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly portion of the New Model Colony ("First Amended and Restated Construction Agreement") between the City of Ontario and NMC Builders, LLC, the City agreed to cooperate with the members of NMC Builders, LLC in the formation of community facilities districts to assist in the financing of the public improvements included in the agreement.

KB Home Cal Management Services LLC has provided a written petition to the City requesting the formation of a community facilities district, along with a deposit pursuant to a Deposit Agreement dated April 1, 2025, to be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness and provides for the repayment to KB Home Cal Management Services LLC from the proceeds from any bonded indebtedness by the Community Facilities District. The Compass Pointe project addresses the development of approximately 51.1 gross acres located south of Eucalyptus Avenue, north of Parkview Street, east of Archibald Avenue, and west of Haven Avenue. As proposed, the project is anticipated to include 350 residential units consisting of 67 single-family units and 283 attached units at build-out.

Included, as part of the Resolution of Intention, is the proposed Rate and Method of Apportionment of Special Tax for the district. Under the proposed Rate and Method of Apportionment, the portion of the maximum annual special tax rates which will be used to fund debt service payments on the bonds is fixed and will not increase over time. As proposed, the amount of bonds authorized for the district ($60 million) is set intentionally higher than the current estimated bond amount (approximately $14.9 million) in order to allow future City Councils, the option, without increasing the amount of the annual special taxes, to issue additional bonds to replace and/or construct new public infrastructure improvements in the future, or to fund municipal services. The term and structure of the Rate and Method of Apportionment of Special Tax for the Compass Pointe 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 62 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 community facilities districts will be required to disclose the maximum annual special tax amount to each homeowner before entering into a sales contract.

List of infrastructure that may be financed:

Water and Recycled Water System Facilities
Sewer System Facilities
Storm Drain System Facilities
Streets and Traffic Circulation System Facilities
Fiber Optic System Facilities
Staff has discussed the proposed Rate and Method of Apportionment of Special Tax with the landowners. As proposed, the Resolution of Intention to establish the district and to levy special taxes will set a public hearing date on the formation of the community facilities district for the regularly scheduled City Council meeting on Tuesday, November 4, 2025, to consider the matter. 63 RESOLUTION NO. ____

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

CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) AND

TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, Section 53318 of the Mello-Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a community facilities district shall be instituted by a legislative body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included within the community facilities district and not proposed to be exempt from the special tax, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of facilities and services to be financed by the community facilities district is filed with the clerk of the legislative body; and
WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; and
WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has received from KB HOME Cal Management Services LLC (the “Landowner”) a written petition (the “Petition”), requesting the City Council to institute proceedings pursuant to the Act to establish a community facilities district (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax within the Community Facilities District, describing the boundaries of the territory that is proposed for inclusion in the Community Facilities District and specifying the types of facilities and services to be financed by the Community Facilities District; and WHEREAS, in connection with such request to institute proceedings to establish the Community Facilities District, the Landowner paid a fee in an amount that the City Council has determined is sufficient to compensate the City Council for all cost incurred in conducting proceedings to create the Community Facilities District pursuant to the Act; and
WHEREAS, the Landowner has represented and warranted to the City Council that the Landowner is the owner of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or 64 private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district; and WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under all the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and
WHEREAS, the City and the Landowner have entered into the Deposit and Reimbursement Agreement, dated as of April 1, 2025 (the “Deposit Agreement”), which provides for the advancement of funds by the Landowner to be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby, and provides for the repayment to the Landowner of such funds advanced, without interest, from the proceeds of any such bonded indebtedness incurred by the Community Facilities District; and
WHEREAS, the City desires to include in this Resolution, in accordance with Section 53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

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

SECTION 3. The City Council proposes to establish the Community Facilities District under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Facilities District are described in the map showing the proposed Community Facilities District (the “Boundary Map”) on file in the office of the City Clerk of the City (the “City Clerk”), a copy of which is attached hereto as Exhibit A, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper 65 endorsements thereon in the office of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

SECTION 4. The name proposed for the Community Facilities District is “City of Ontario Community Facilities District No. 76 (Compass Pointe).” SECTION 5. The public facilities (the “Facilities”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Facilities” on Exhibit B hereto, which is by this reference incorporated herein. Those Facilities proposed to be purchased as completed public facilities are identified under the caption “Facilities to be Purchased” on Exhibit B hereto. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit B hereto. All or any portion of the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease-purchase or installment-purchase arrangement.

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 Facilities and Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District. The rate, method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit C, which is by this reference incorporated herein. The conditions under which the obligation to pay the Special Tax to be levied to pay for Facilities may be prepaid and permanently satisfied are specified in the Rate and Method. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

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

SECTION 8. The tax year after which no further Special Tax to pay for Facilities shall be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the Special Tax to pay for Facilities in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the Community Facilities District by more than 10% 66 above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. The Special Tax to pay for Services will be levied in perpetuity, as provided in the Rate and Method.

SECTION 9. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the Special Tax or the interest or penalties thereon that may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender.

SECTION 10. The City Council hereby fixes Tuesday, November 4, 2025, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District; provided, that, in the event the November 4, 2025 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

SECTION 11. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. Publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain all of the information prescribed by Section 53322 of the Act.

SECTION 12. The authorization to levy the Special Tax shall be submitted to the qualified electors of the Community Facilities District at a special election. The proposed voting procedure shall be a vote by the landowners in the Community Facilities District conducted by mail or hand-delivered ballots, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

SECTION 13. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Facilities or Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the Facilities and Services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Facilities and Services. Such officers are hereby also directed to estimate the fair and reasonable cost of the Facilities proposed 67 to be purchased as completed public facilities and of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing.

SECTION 14. The Landowner has heretofore advanced certain funds, and may advance additional funds, that have been or may be used to pay costs incurred in connection with the creation of the Community Facilities District and the incurrence of bonded indebtedness thereby. The City Council proposes to repay all or a portion of such funds so advanced, without interest, solely from the proceeds of such bonded indebtedness, pursuant to the Deposit Agreement. The Deposit Agreement is hereby incorporated herein as though set forth in full herein.

SECTION 15. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 16. 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 17. 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 16th day of September, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
68 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 September 16, 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 September 16, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
69 EXHIBIT A

BOUNDARY MAP
70 EXHIBIT B

FACILITIES, SERVICES AND INCIDENTAL EXPENSES
Facilities
The types of public facilities to be financed by the Community Facilities District are street and bridge improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, domestic and recycled water distribution facilities, sewer collection facilities, solid waste facilities, storm drainage facilities, park and recreation facilities and equipment, aquatic facilities and equipment, fire facilities and equipment, police facilities and equipment, library facilities and equipment, fiber optic telecommunication, wireless communication and public safety camera facilities and equipment, general governmental office, administrative and meeting facilities, and land, rights-of-way and easements necessary for any of such facilities.

Facilities to be Purchased
The types of public facilities to be purchased as completed facilities are street and bridge improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, domestic and recycled water distribution facilities, sewer collection facilities, solid waste facilities, storm drainage facilities, and land, rights-of-way and easements necessary for any of such facilities.

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

Incidental Expenses
The incidental expenses proposed to be incurred include the following:
(a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, 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; and (c) any other expenses incidental to the construction, completion, and inspection of the authorized work.
71 EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
72 73
City of Ontario CFD No. 76 1 July 22, 2025

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 76
(COMPASS POINTE)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 76 (Compass Pointe) (“CFD No. 76”) and collected each Fiscal Year, commencing in Fiscal Year 2026-27, 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. 76, 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 hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County map.
“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. 76: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 76 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City or CFD No. 76 of complying with arbitrage rebate requirements; the costs to the City or CFD No. 76 of complying with City, CFD No. 76, or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 76 related to the analysis and reduction, if any, of the Special Tax A on Single Family Property in accordance with Section C.1 herein; the costs of the City or CFD No. 76 related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead relating to CFD No. 76; and amounts estimated or advanced by the City or CFD No. 76 for any other administrative purposes of the CFD, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. 74 City of Ontario CFD No. 76 2 July 22, 2025
“Assessor’s Parcel” means a lot or parcel shown in 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. “Assigned Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.2 below. “Backup Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.3 below. “Bonds” means any bonds or other debt (as defined in Section 53317(d) of the Act) issued by CFD No. 76 under the Act and payable from Special Tax A. “Buildable Lot” means an individual lot, within a Final Subdivision Map or an area expected by CFD No. 76 to become Final Mapped Property, such as the area within a Tentative Tract Map, for which a building permit may be issued without further subdivision of such lot.
“CFD Administrator” means an official of the City responsible for determining the Special Tax A Requirement and Special Tax B Requirement, providing for the levy and collection of the Special Taxes, and performing the other duties provided for herein. “CFD No. 76” means City of Ontario Community Facilities District No. 76 (Compass Pointe).
“City” means the City of Ontario, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 76.
“Contractual Impositions” means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq.), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax, or assessment established and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof (e.g., property owner association assessments).
“County” means the County of San Bernardino.
75 City of Ontario CFD No. 76 3 July 22, 2025
“Designated Buildable Lot” means a Buildable Lot for which a building permit has not been issued by the City as of the date of calculation of the Backup Special Tax A. “Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Final Mapped Property, Taxable Property Owner Association Property, and Taxable Public Property, for which a building permit or other applicable permit for new construction was issued after January 1, 2025, and before May 1 of the prior Fiscal Year. “Expected Residential Lot Count” means 154 Buildable Lots or Units of Single Family Attached Property and 196 Buildable Lots of Single Family Detached Property, or, as determined by the CFD Administrator, the number of Buildable Lots or Units of Single Family Property based on the most recent Tentative Tract Map(s) or most recently recorded Final Subdivision Map(s) or modified Final Subdivision Map(s). “Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 76.
“Final Mapped Property” means, for each Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property, and Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof, that creates individual lots for which a building permit may be issued, including Parcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use).
“Final Subdivision Map” means a final tract map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or a condominium plan recorded pursuant to California Civil Code Section 4285 that, in either case, creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Gated Community Attached Dwelling Unit” means, with respect to Special Tax B, 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. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time.
“Land Use Class” means any of the classes listed in Tables 1 and 2 below. “Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 76 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and 76 City of Ontario CFD No. 76 4 July 22, 2025
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 A” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax A determined in accordance with Section C.1 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Maximum Special Tax B” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax B determined in accordance with Section C.2 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Minimum Sale Price” means the minimum price at which Units of a given Land Use Class have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class. “Multiple Family Dwelling Unit” means, with respect to Special Tax B, 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 Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued by the City permitting the construction of one or more non-residential structures or facilities.
“Other Residential Property” means, with respect to Special Tax A, all Assessor’s Parcels of Developed Property for which a building permit was issued by the City for purposes of constructing Units, excluding Single Family Attached Property and Single Family Detached Property.
“Outstanding Bonds” means all Bonds which are outstanding under and in accordance with the provisions of the Indenture.
“Price Point Consultant” means any consultant or firm of such consultants selected by CFD No. 76 that (a) has substantial experience in performing price point studies for residential units within community facilities districts established under the Act or otherwise estimating or confirming pricing for residential units in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential units in such community facilities districts, (c) is in fact independent and not under the control of CFD No. 76 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 76, (ii) the City, (iii) any owner of real property in CFD No. 76, or (iv) any real property in CFD No. 76, and (e) is not connected with CFD No. 76 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 76 or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein. 77 City of Ontario CFD No. 76 5 July 22, 2025
“Property Owner Association Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 76 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. “Proportionately” means (a) for Developed Property in the first step of Section D.1 below, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property; however, for Developed Property in the fourth step of Section D.1 below, Proportionately means that the amount of the increase above the Assigned Special Tax A, if necessary, is equal for all Assessor’s Parcels of Developed Property, except that if the Backup Special Tax A limits the increase on any Assessor’s Parcel(s), then the amount of the increase shall be equal for the remaining Assessor’s Parcels; (b) with respect to Special Tax B, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor’s Parcels of Developed Property; (c) for Final Mapped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Final Mapped Property; (d) for Undeveloped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Undeveloped Property; (e) for Taxable Property Owner Association Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Property Owner Association Property; and (f) for Taxable Public Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Public Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 76 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 Floor Area” means all of the Square Footage of living area within the perimeter of a Unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be as set forth in the building permit(s) issued for such Assessor’s Parcel, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 76. The actual Square Footage shall be rounded up to the next whole square foot. Once such determination has been made for an Assessor’s Parcel, it shall remain fixed in all future Fiscal Years unless an appeal pursuant to Section F below is approved that results in a change in the actual Square Footage. “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, 2025, and before May 1 of the prior Fiscal Year.
78 City of Ontario CFD No. 76 6 July 22, 2025
“Services” means the services authorized to be financed, in whole or in part, by CFD No.

76. “Single Family Attached Property” means all Assessor’s Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures within a condominium project as defined in Civil Code Section 4125. “Single Family Detached Dwelling Unit” means, with respect to Special Tax B, a Unit of Single Family Detached Property.
“Single Family Detached Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for construction of a Unit, on one legal lot, that does not share a common wall with another Unit. “Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.
“Special Taxes” means, collectively, Special Tax A and Special Tax B. “Special Tax A” means the special tax authorized by the qualified electors of CFD No. 76 to be levied within the boundaries of CFD No. 76 to pay for Facilities and Services. “Special Tax A Requirement” means for any Fiscal Year that amount required, after taking into account available amounts held in the funds and accounts established under the Indenture, for CFD No. 76 to: (i) pay debt service on all Outstanding Bonds which is due in the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay a pro rata share of Administrative Expenses; (iv) provide any amounts required to establish or replenish any reserve fund for the Bonds; (v) pay directly for acquisition or construction of Facilities, or the cost of Services, to the extent that the inclusion of such amounts does not increase the Special Tax A levy on Final Mapped Property or Undeveloped Property; and (vi) provide an amount equal to Special Tax A delinquencies based on the historical delinquency rate for Special Tax A as determined by the CFD Administrator.
“Special Tax B” means the special tax authorized by the qualified electors of CFD No. 76 to be levied within the boundaries of CFD No. 76 to pay for Services. “Special Tax B Requirement” means for any Fiscal Year that amount required, after taking into account available amounts in any funds and accounts established to pay for Services, to pay the cost of Services, a pro rata share of Administrative Expenses, and an 79 City of Ontario CFD No. 76 7 July 22, 2025
amount equal to Special Tax B delinquencies based on the historical delinquency rate for Special Tax B as determined by the CFD Administrator.
“Square Footage” or “Sq. Ft.” means the floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 76, issued for construction of Residential Property or Non-Residential Property, 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.
“Taxable Property” means, for each Fiscal Year, all of the Assessor’s Parcels within the boundaries of CFD No. 76 that are not exempt from the Special Taxes pursuant to law or Section E below.
“Taxable Property Owner Association Property” means, for each Fiscal Year, all Assessor’s Parcels of Property Owner Association Property that are not exempt from the Special Taxes pursuant to Section E below.
“Taxable Public Property” means, for each Fiscal Year, all Assessor’s Parcels of Public Property that are not exempt from the Special Taxes pursuant to law or Section E below. “Tentative Tract Map” means a map: (i) showing a proposed subdivision of an Assessor’s Parcel(s) and the conditions pertaining thereto; (ii) that may or may not be based on a detailed survey; and (iii) that is not recorded by the County to create legal lots. “Total Tax Burden” means, for a Unit within a Land Use Class, for the Fiscal Year in which the Total Tax Burden is being calculated, the sum of (a) the Assigned Special Tax A for such Land Use Class for such Fiscal Year, plus (b) the Special Tax B for such Land Use Class for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and trash), taxes, and assessments (which do not include Contractual Impositions) collected by the County on ad valorem tax bills, plus (d) property owner association assessments (but excluding the refuse collection portion of such assessments), and that the CFD Administrator estimates would be levied or imposed on such Unit in such Fiscal Year if the residential dwelling unit thereon or therein had been completed and sold, and was subject to such fees, charges, taxes, and assessments in such Fiscal Year.
“Trustee” means the trustee or fiscal agent under the Indenture. “TTM 20472” means Tentative Tract Map No. 20472, the area of which is located within CFD No. 76.
80 City of Ontario CFD No. 76 8 July 22, 2025
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Public Property, or Taxable Property Owner Association Property.
“Unit” means an individual single-family detached or attached home, townhome, condominium, apartment, 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 2026-27, all Taxable Property within CFD No. 76 shall be classified as Developed Property, Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped 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.

Assessor’s Parcels of Developed Property shall be further classified as: Single Family Property (and further classified as Single Family Attached Property or Single Family Detached Property, as needed) or Other Residential Property (for Special Tax A); Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit (for Special Tax B); or Non-Residential Property. For Special Tax A, Assessor’s Parcels of Single Family Attached Property shall be assigned to Land Use Classes 1 through 6, and Single Family Detached Property shall be assigned to Land Use Classes 7 through 13, as listed in Table 1 below based on the Residential Floor Area of the Units on such Assessor’s Parcels. Also for Special Tax A, Other Residential Property and Non-Residential Property shall be assigned to Land Use Classes 14 and 15, respectively.

C. MAXIMUM SPECIAL TAX

1. Special Tax A
At least 30 days prior to the issuance of Bonds, the Assigned Special Tax A on Developed Property (set forth in Table 1 below) shall be analyzed in accordance with and subject to the conditions set forth in this Section C. At such time, CFD No. 76 shall select and engage a Price Point Consultant and the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth the Minimum Sale Price of Units within each Land Use Class.

If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden applicable to Units within one or more Land Use Classes of Single Family Attached Property to be constructed within CFD No. 76 exceeds

2.55% of the Minimum Sale Price of Units of Single Family Attached Property, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden that shall apply to Units within such Land Use Class(es) not to exceed 2.55% of the Minimum Sale Price of such Units.
81 City of Ontario CFD No. 76 9 July 22, 2025
In addition, if based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden applicable to Units within one or more Land Use Classes of Single Family Detached Property to be constructed within CFD No. 76 exceeds 2.15% of the Minimum Sale Price of Units of Single Family Detached Property, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden that shall apply to Units within such Land Use Class(es) not to exceed 2.15% of the Minimum Sale Price of such Units.

Finally, if based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden, excluding property owner association assessments, applicable to Units within one or more Land Use Classes of Single Family Property to be constructed within CFD No. 76 exceeds 1.95% of the Minimum Sale Price of such Units, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden, excluding property owner association assessments, that shall apply to Units within such Land Use Class(es) not to exceed 1.95% of the Minimum Sale Price of such Units.

Each Assigned Special Tax A reduction for a Land Use Class shall be calculated by the CFD Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Classes. In connection with any reduction in the Assigned Special Tax A, the Backup Special Tax A shall also be reduced by the CFD Administrator based on the percentage reduction in Maximum Special Tax A revenues within the Tentative Tract Map area(s) where the Assigned Special Tax A reductions occurred. Upon determining the reductions, if any, in the Assigned Special Tax A and Backup Special Tax A required pursuant to this Section C, the CFD Administrator shall complete the Certificate of Modification of Special Tax substantially in the form attached hereto as Exhibit A (the “Certificate of Modification”), shall execute such completed Certificate of Modification, and shall deliver such executed Certificate of Modification to CFD No. 76. Upon receipt thereof, if in satisfactory form, CFD No. 76 shall execute such Certificate of Modification. The reduced Assigned Special Tax A and Backup Special Tax A specified in such Certificate of Modification shall become effective upon the execution of such Certificate of Modification by CFD No. 76.

The Special Tax A reductions required pursuant to this section shall be reflected in an amended notice of Special Tax lien, which CFD No. 76 shall cause to be recorded with the County Recorder as soon as practicable after execution of the Certificate of Modification by CFD No. 76. The reductions in this section apply to Single Family Property, but not to Other Residential Property or NonResidential Property. 82 City of Ontario CFD No. 76 10 July 22, 2025
a. Developed Property
1) Maximum Special Tax A
The Maximum Special Tax A that may be levied in any Fiscal Year for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A shall not increase in future years, other than as calculated pursuant to Section C.1.a.3 below.
2) Assigned Special Tax A
The Assigned Special Tax A that may be levied in any Fiscal Year for each Land Use Class is shown below in Table 1.

TABLE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
3) Backup Special Tax A
The Backup Special Tax A shall be $2,058 per Unit of Single Family Attached Property and $5,181 per Unit of Single Family Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Attached Property < 1,301 $1,194 per Unit 2 Single Family Attached Property 1,301 – 1,400 $1,623 per Unit 3 Single Family Attached Property 1,401 – 1,500 $1,841 per Unit 4 Single Family Attached Property 1,501 – 1,600 $2,001 per Unit 5 Single Family Attached Property 1,601 – 1,700 $2,379 per Unit 6 Single Family Attached Property > 1,700 $2,807 per Unit 7 Single Family Detached Property < 1,951 $3,954 per Unit 8 Single Family Detached Property 1,951 – 2,150 $4,326 per Unit 9 Single Family Detached Property 2,151 – 2,350 $4,916 per Unit 10 Single Family Detached Property 2,351 – 2,550 $5,355 per Unit 11 Single Family Detached Property 2,551 – 2,750 $5,840 per Unit 12 Single Family Detached Property 2,751 – 2,950 $5,981 per Unit 13 Single Family Detached Property > 2,950 $6,407 per Unit 14 Other Residential Property $57,987 per Acre
15 Non-Residential Property $57,987 per Acre
83 City of Ontario CFD No. 76 11 July 22, 2025
Detached Property. However, if the Expected Residential Lot Count for Single Family Attached Property does not equal 154 and for Single Family Detached Property does not equal 196, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Attached Property and Single Family Detached Property shall be calculated according to the following formulas:

Attached = $316,904  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $1,015,455  Expected Residential
Lot Count for Single Family
Detached Property
If any portion of a Final Subdivision Map, or any area expected by CFD No. 76 to become Final Mapped Property – such as the area within TTM 20472, or any other Tentative Tract Map – changes any time after the City has issued Bonds, causing an adjustment to the number of Designated Buildable Lots, then the Backup Special Tax A for all Designated Buildable Lots of Single Family Property subject to the change shall be calculated according to the following steps:

Step 1: Determine the total Backup Special Tax A that
could have been collected from Designated
Buildable Lots of Single Family Attached Property
or Single Family Detached Property prior to the
Final Subdivision Map or expected Final Mapped
Property change.

Step 2: Divide the amount determined in Step 1 by the
number of Designated Buildable Lots of Single
Family Attached Property or Single Family
Detached Property that exists after the Final
Subdivision Map or expected Final Mapped
Property change.

Step 3: Apply the amount determined in Step 2 as the
Backup Special Tax A per Unit for Single Family
Attached Property or Single Family Detached
Property.

The Backup Special Tax A for an Assessor’s Parcel shall not change once an Assessor’s Parcel is classified as Developed Property.
84 City of Ontario CFD No. 76 12 July 22, 2025
b. Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property
The Maximum Special Tax A for Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property shall be $57,987 per Acre, and shall not be subject to increase or reduction and, therefore, shall remain the same in every Fiscal Year.

2. Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel classified as Developed Property shall be determined by reference to Table 2 below.

TABLE 2
MAXIMUM SPECIAL TAX B – DEVELOPED PROPERTY
Land Use Class Maximum Special Tax B
Fiscal Year 2026-27
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, 2027, the Maximum Special Tax B 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.

3. Multiple Land Use Classes on an Assessor’s Parcel
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax A levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax A for all Units of Single Family Property and Acres of Other Residential Property and NonResidential Property (based on the pro rata share of Square Footage between Other Residential Property and Non-Residential Property, according to the applicable building permits, Final Subdivision Map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. The Maximum Special Tax B levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax B for all Units of Residential Property and all Square 85 City of Ontario CFD No. 76 13 July 22, 2025
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.

4. Developed Property Special Tax Obligation
Once an Assessor’s Parcel has been taxed in any Fiscal Year as Developed Property, the Assessor’s Parcel shall continue to be taxed as Developed Property regardless of changes to or expiration of the original building permit, and regardless of revisions to or destruction of the structure that was, or was expected to be, constructed pursuant to the original building permit.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Each Fiscal Year, beginning with Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax A Requirement for such Fiscal Year. The Special Tax A shall then be levied as follows:

First: If needed to satisfy the Special Tax A Requirement, Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Assigned Special Tax A;
Second: If additional monies are needed to satisfy the Special Tax A Requirement after the first step has been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Final Mapped Property up to 100% of the Maximum Special Tax A for Final Mapped Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property;
Fourth: If additional monies are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the levy of Special Tax A on each Assessor’s Parcel of Developed Property whose Maximum Special Tax A is determined through the application of the Backup Special Tax A shall be increased Proportionately from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor’s Parcel;
Fifth: If additional monies are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Taxable Property Owner Association Property up to the Maximum Special Tax A for Taxable Property Owner Association Property; Sixth: If additional monies are needed to satisfy the Special Tax A Requirement after the first five steps have been completed, then Special Tax A shall be levied Proportionately 86 City of Ontario CFD No. 76 14 July 22, 2025
on each Assessor’s Parcel of Taxable Public Property up to the Maximum Special Tax A for Taxable Public Property.

Notwithstanding the above, under no circumstances shall Special Tax A levied in any Fiscal Year on any Assessor’s Parcel of Single Family Property or Other Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of delinquency or default by the owner or owners of any other Assessor’s Parcel or Assessor’s Parcels within CFD No. 76 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.

2. Special Tax B
Each Fiscal Year, beginning with Fiscal Year 2026-27, the CFD Administrator shall determine the Special Tax B Requirement. The Special Tax B shall then be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax B for such Assessor’s Parcel, until the Special Tax B Requirement is satisfied. However, the Special Tax B levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax B levied in the prior Fiscal Year.

E. EXEMPTIONS
No Special Tax shall be levied on up to 10.97 Acres of Public Property and up to 14.55 Acres of Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property.

Property Owner Association Property or Public Property that is not exempt from the Special Tax A under this section shall be subject to the levy of Special Tax A and shall be taxed Proportionately as part of the fifth or sixth step, respectively, in Section D above, up to 100% of the applicable Maximum Special Tax A for Taxable Property Owner Association Property and Taxable Public Property. No Special Tax A shall be levied in any Fiscal Year on Assessor’s Parcels that have fully prepaid the Special Tax A obligation pursuant to the formula set forth in Section H.

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. 76 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 87 City of Ontario CFD No. 76 15 July 22, 2025
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 a 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.

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. PREPAYMENT OF SPECIAL TAX A
The following definitions apply to this Section H:
“CFD Public Facilities” means $16,638,000 for each Prepayment Period, or such lower number as determined by the City Council to be sufficient to fund the Facilities and Services to be provided by CFD No. 76.
“Expenditures Fund” means funds or accounts, regardless of their names, that are established to hold moneys that are available to acquire or construct Facilities and to fund Services.
“Future Facilities Costs” means the CFD Public Facilities minus (i) Facilities and Services costs previously paid from the Expenditures Fund during the Prepayment Period in which the prepayment is being made, (ii) moneys currently on deposit in the Expenditures Fund from deposits made during the Prepayment Period in which the prepayment is being made, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance Facilities costs. In no event shall the amount of Future Facilities Costs be less than zero.
88 City of Ontario CFD No. 76 16 July 22, 2025
“Prepayment Period” means one of three periods of time during which a Special Tax prepayment may be made.
“Prepayment Period 1” means July 1, 2026, through June 30, 2060. “Prepayment Period 2” means July 1, 2060, through June 30, 2093. “Prepayment Period 3” means July 1, 2093, through June 30, 2127.

Only Special Tax A may be prepaid; Special Tax B shall continue to be levied on an annual basis on all Developed Property in CFD No. 76.

1. Prepayment in Full
The obligation of an Assessor's Parcel to pay the Special Tax A may be prepaid as described herein, provided that a prepayment may be made only for Assessor’s Parcels for which a building permit for new construction was issued after January 1, 2025, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a fee for providing this service. Prepayment in any six month period must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.

The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total Prepayment Amount
As of the proposed date of prepayment, the Special Tax A Prepayment Amount (defined below) shall be calculated by the CFD Administrator as follows:

Paragraph No.

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel, and determine the Prepayment Period for the proposed prepayment. 89 City of Ontario CFD No. 76 17 July 22, 2025

2. Compute the Assigned Special Tax A and Backup Special Tax A for the Assessor’s Parcel to be prepaid based on the Developed Property Special Tax A which is, or could be, charged in the current Fiscal Year. For Assessor’s Parcels of Final Mapped Property (for which a building permit has been issued but which is not yet classified as Developed Property) to be prepaid, compute the Assigned Special Tax A and Backup Special Tax A for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor’s Parcel.

3. (a) Divide the Assigned Special Tax A computed pursuant to Paragraph 2 by the total estimated Assigned Special Tax A for CFD No. 76 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 76, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Special Tax A computed pursuant to Paragraph 2 by the estimated total Backup Special Tax A at buildout of CFD No. 76, excluding any Assessor’s Parcels which have been prepaid.

4. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount computed pursuant to Paragraph 4 by the applicable redemption premium (e.g., the redemption price minus 100%), if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Compute the Future Facilities Costs for the applicable Prepayment Period.

7. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the amount determined pursuant to Paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Amount”).

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds.

9. Determine the Special Tax A levied on the Assessor’s Parcel in the current Fiscal Year which has not yet been paid.

10. Add the amounts computed pursuant to Paragraphs 8 and 9 to determine the “Defeasance Amount”.

11. Verify the administrative fees and expenses of CFD No. 76, including the costs to compute the prepayment, the costs to invest the prepayment proceeds, the costs to redeem Bonds, and the costs to record any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”). 90 City of Ontario CFD No. 76 18 July 22, 2025

12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement on the prepayment date or the redemption date.

13. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant to Paragraphs 4, 5, 7, 10, and 11, less the amount computed pursuant to Paragraph 12 (the “Prepayment Amount”).

14. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 4, 5, 10, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Paragraph 7 shall be deposited into the Expenditures Fund. The amount computed pursuant to Paragraph 11 shall be retained by CFD No. 76.

The Special Tax A Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000, or integral multiple thereof, will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax A levy as determined under Paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year’s Special Tax A levy for such Assessor’s Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid during Prepayment Period 3, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate that Special Tax A has been prepaid and that the obligation of such Assessor's Parcel to pay Special Tax A shall cease.

With respect to Special Tax A for any Assessor’s Parcel that is prepaid during Prepayment Period 1 or Prepayment Period 2, the obligation of such Assessor’s Parcel to pay Special Tax A shall be tolled, or suspended, through the end of such Prepayment Period, but shall resume in the first Fiscal Year of the subsequent Prepayment Period.

The CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate that Special Tax A has been satisfied for the remainder of the applicable Prepayment Period but has not been permanently satisfied and the obligation to pay Special Tax A will resume in the first Fiscal Year of the Prepayment Period following the Prepayment Period in which the prepayment was made. Once the obligation of an Assessor’s Parcel to pay Special Tax A resumes, Special Tax A for the then applicable Prepayment Period may be prepaid.
91 City of Ontario CFD No. 76 19 July 22, 2025
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property within CFD No. 76 (after excluding 10.97 Acres of Public Property and 14.55 Acres of Property Owner Association Property) both prior to and after the proposed prepayment is at least

1.1 times the maximum annual debt service on all Outstanding Bonds.

2. Prepayment in Part
The Special Tax A on an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2025, may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1, except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:

PP = (PF – AE) x % + AE.

The terms above have the following meaning:

PP = the partial prepayment
PF = the Prepayment Amount (full prepayment) for Special Tax A calculated according to Section H.1
AE = the Administrative Fees and Expenses determined pursuant to paragraph 11 above % = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying Special Tax A
The Special Tax A partial prepayment amount must be sufficient to redeem at least a $5,000 increment of Bonds.

The owner of any Assessor’s Parcel who desires such prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay Special Tax A and the percentage by which Special Tax A shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of Special Tax A for an Assessor’s Parcel within thirty (30) days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the remitted prepayment funds according to Section H.1, and (ii) indicate in the records of CFD No. 76 that there has been a partial prepayment of Special Tax A and that a portion of Special Tax A with respect to such Assessor’s Parcel, equal to the outstanding percentage (100% - “%”, as defined above) of the Maximum Special Tax A, shall continue to be levied on such Assessor’s Parcel pursuant to Section D during the Prepayment Period in which the partial prepayment is made.

For partial prepayments made during Prepayment Period 1 or Prepayment Period 2, the full amount of Special Tax A shall resume in the first Fiscal Year of the Prepayment Period following the Prepayment Period in which the partial prepayment was made.

Once the obligation of an Assessor’s Parcel to pay Special Tax A resumes, Special Tax A for the then applicable Prepayment Period may be prepaid. 92 City of Ontario CFD No. 76 20 July 22, 2025
I. TERM OF SPECIAL TAX
The Fiscal Year after which no further Special Tax A shall be levied or collected is Fiscal Year 2126-2127, except that Special Tax A that was lawfully levied in or before such Fiscal Year and that remains delinquent may be collected in subsequent years. Special Tax B shall continue to be levied indefinitely on an annual basis on all Developed Property in CFD No. 76.
93 EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 1 OF 3)
CITY OF ONTARIO AND CFD NO. 76 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) for City of Ontario Community Facilities District No. 76 (Compass Pointe) (“CFD No. 76”), the Assigned Special Tax A and the Backup Special Tax A for Developed Property within CFD No. 76 has been modified. a. The information in Table 1 below relating to Assigned Special Tax A for Developed Property within CFD No. 76, as stated in Section C.1.a.2 of the Rate and Method of Apportionment, has been modified as follows:

TABLE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Attached Property < 1,301 $[ ] per Unit 2 Single Family Attached Property 1,301 – 1,400 $[ ] per Unit 3 Single Family Attached Property 1,401 – 1,500 $[ ] per Unit 4 Single Family Attached Property 1,501 – 1,600 $[ ] per Unit 5 Single Family Attached Property 1,601 – 1,700 $[ ] per Unit 6 Single Family Attached Property > 1,700 $[ ] per Unit 7 Single Family Detached Property < 1,951 $[ ] per Unit 8 Single Family Detached Property 1,951 – 2,150 $[ ] per Unit 9 Single Family Detached Property 2,151 – 2,350 $[ ] per Unit 10 Single Family Detached Property 2,351 – 2,550 $[ ] per Unit 11 Single Family Detached Property 2,551 – 2,750 $[ ] per Unit 12 Single Family Detached Property 2,751 – 2,950 $[ ] per Unit 13 Single Family Detached Property > 2,950 $[ ] per Unit 14 Other Residential Property $[ ] per Acre
15 Non-Residential Property $[ ] per Acre
94 EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 2 OF 3)
b. The Backup Special Tax for Developed Property, as stated in Section C.1.a.3, shall be modified as follows:

The Backup Special Tax A shall be $[ ] per Unit of Single Family Attached Property and $[ ] per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count for Single Family Attached Property does not equal 154 and for Single Family Detached Property does not equal 196, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Attached Property and Single Family Detached Property shall be calculated according to the following formulas:

Attached = $[ ]  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $[ ]  Expected Residential Lot
Count for Single Family Detached
Property

2. The Special Tax A for Developed Property may only be modified prior to the first issuance of CFD No. 76 Bonds.

3. Upon execution of this certificate by CFD No. 76, CFD No. 76 shall cause an amended notice of Special Tax lien for CFD No. 76 to be recorded reflecting the modifications set forth herein.
95 EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 3 OF 3)
Capitalized undefined terms used herein have the meanings ascribed thereto in the Rate and Method. The modifications set forth in this Certificate have been calculated by the CFD Administrator in accordance with the Rate and Method.

GOODWIN CONSULTING GROUP, INC.

CFD ADMINISTRATOR
By:_________________________________ Date:______________________

The undersigned acknowledges receipt of this Certificate and of the modification of the Assigned Special Tax A and Backup Special Tax A for Developed Property as set forth in this Certificate.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 76
(COMPASS POINTE)
By:_________________________________ Date:______________________ 96 RESOLUTION NO. ____

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

CALIFORNIA, DECLARING IT NECESSARY FOR CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POINTE) TO

INCUR BONDED INDEBTEDNESS
WHEREAS, 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”), has this date 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 District No. 76 (Compass Pointe) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 76 (Compass Pointe) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services; and
WHEREAS, the City Council deems it necessary for the Community Facilities District to incur bonded indebtedness;
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 declares it necessary for the Community Facilities District to incur bonded indebtedness.

SECTION 3. The proposed debt will be incurred for the purpose of financing the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose, including, but not limited to, such costs and estimated costs as are described in Section 53345.3 of the Act.

SECTION 4. The maximum amount of the proposed debt is $60,000,000.

SECTION 5. The City Council hereby fixes Tuesday, November 4, 2025, at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the proposed debt authorization; provided, that, in the event the November 4, 2025 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.
97 SECTION 6. The City Clerk of the City is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District.

Publication of said notice shall be completed at least seven days prior to the date herein fixed for said public hearing. Said notice shall contain all of the information prescribed by Section 53346 of the Act.

SECTION 7. All actions heretofore taken by the officers, employees and agents of the City with respect to the incurrence of bonded indebtedness by the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 8. 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 9. 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 16th day of September, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
98 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 September 16, 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 September 16, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
99 Department: Human Resources
Prepared By: Amanda Elias
Department:

Prepared By: Amanda Elias
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATHENS INSURANCE SERVICE, INC. FOR THIRD-PARTY ADMINISTRATION SERVICES FOR

WORKERS' COMPENSATION CLAIMS

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with Athens Insurance Service, Inc., of Concord, California, for third-party administration and training services for workers’ compensation claims in the amount of $1,827,060 for a total not-to-exceed amount of $3,641,520.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Maintain the Current High Level of Public Safety
FISCAL IMPACT: The proposed Amendment No. 3 increases the Agreement amount by $1,827,060 for a revised total not-to-exceed amount of $3,641,520 for the three-year term. If approved, additional appropriations will be included in the Worker's Compensation fund at a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS: The City of Ontario operates a self-insured workers’ compensation program managed by Athens Insurance Service, Inc., a third-party administrator. Athens provides claims management, bill review, medical coordination, and supervisor training services on behalf of the City. On September 3, 2024, following a competitive Request for Proposal process, the City Council authorized a Professional Services Agreement with Athens Insurance for a not-to-exceed amount of $1,814.460.

On January 28, 2025, Amendment No. 1 was executed to update Exhibit B, Compensation, to reflect an updated comprehensive cost proposal. Due to a rise in workers’ compensation claims, there was an operational need to utilize the authorized amounts for years four and five. Therefore, on August 11, 2025, Amendment No. 2 was executed to enable the use of the $762,910 specifically allocated for the fourth and fifth years of the Agreement, still within the original not-to-exceed amount of $1,814,460.
100
The original Agreement set a caseload structure for managing workers' compensation claims, including an estimate of 130 Indemnity Claims, 51 Future Medical Only Claims, and 6 Medical Only Claims to be handled by one full-time Senior Claims Examiner, one designated Claims Examiner, and one designated Assistant Claims Examiner. As the City has grown and developed, it has experienced an increase in claims. The current caseload includes 218 Indemnity Claims, 145 Future Medical Only Claims, and 20 Medical Only Claims.

Amendment No. 3 proposes an increase in total compensation to address the need for additional dedicated staffing from Athens to support the increased claim volume. Adding the two additional Senior Claims Examiners, bringing the total to three, will significantly reduce the Indemnity Claim caseload for each of the three Senior Claims Examiners to approximately 75 open cases per examiner.

As the "Employer of Choice", having this case load for each Senior Claims Examiner will provide a more “hands-on” claim care and exceptional customer service with each injured employee. Staffing increases are essential for ensuring timely and responsive service standards for Staff by expediting claims processing, reducing delays in case administration, and enhancing the City's ability to respond to claims more efficiently. The City is committed to providing the highest level of service to Staff, ensuring prompt access to workers’ compensation benefits.

Staff recommends that the City Council approve Amendment No. 3 to effectively manage claim volume, minimize liabilities, promote employee health and safety, and ensure adequate staffing resources for efficient, employee-centered workers’ compensation administration. 101
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AMENDMENT NO. 3 TO THE

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
ATHENS INSURANCE SERVICE, INC.

1. Parties and Date.

This Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Athens Insurance Service, Inc. an S Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “workers’ compensation third-party claims administration services” dated September 3, 2024 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to increase compensation by $1,827,060 for a new not-to-exceed amount of $3,641,520. The parties hereto entered into an Agreement, dated September 3, 2024, for a not-to-exceed amount of $1,051,550. The parties have hereto entered Amendment No. 1 dated January 28, 2025, to replace Exhibit “B” Schedule of Services. The parties have hereto entered Amendment No. 2 dated August 8, 2025, to increase the dollar value of the Agreement by $762,910, for a new total not-to-exceed amount of $1,814,460.

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

3.7.14 of the Agreement.

PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
102

3. Terms.

3.1 Amendment. Section 3.2.1 of the Agreement is hereby amended in it entirety to read as follows:

3.2.1 “Compensation. Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” is attached hereto and incorporated herein by reference. The total compensation amount shall be increased by one million eight hundred twenty-seven thousand sixty dollars ($1,827,060) and not to exceed the contract amount of three million six hundred forty-one thousand five hundred twenty dollars ($3,641,520) without the written approval of the City Council or City Manager, as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” Attachment “A” Schedule of Services is hereby deleted in its entirety and replaced with Exhibit “B” Schedule of Services attached hereto and incorporated herein by reference.

Exhibit “C” Compensation is hereby deleted in its entirety and replaced with Exhibit “C” Compensation attached hereto and incorporated herein by reference.

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

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

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

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

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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND AHTENS INSURANCE SERVICE, INC.

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

CITY OF ONTARIO ATHENS INSURANCE SERVICE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
104
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BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "B"

SCHEDULE OF SERVICES
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BB&K (2024) Exhibit “B”-2 PROFESSIONAL SERVICES AGREEMENT 106
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BB&K (2024) Exhibit “B”-3 PROFESSIONAL SERVICES AGREEMENT 107
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BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT EXHIBIT "C"

COMPENSATION
The total compensation shall not exceed three million six hundred forty-one thousand five hundred twenty dollars ($3,641,520) for the three-year period from November 1, 2024, to October 31, 2027.
108
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT: AUTHORIZE THE PURCHASE AND INSTALLATION OF MOBILE DATA COMPUTERS

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to purchase and install mobile data computers (MDC) from CDCE, Inc., of Yorba Linda, California, in the amount of $780,328.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund of $93,925 and the Federal Asset Forfeiture Fund of $686,403 for consulting services and equipment purchases. The proposed equipment and installation include the purchase and installation of 100 MDCs for a total not-to-exceed amount of $780,328. The fixed billing rates specified in the current Agreement will determine the amount charged for services and reflect the actual services provided. If approved, appropriations will be added to the future years’ budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS: The Police Department currently uses older Panasonic CF-31 laptops as Mobile Data Computers (MDCs) in patrol vehicles. These devices have outdated displays that differ from the newer Panasonic FZ-40 MDCs the City has been transitioning to since 2023.

The difference in display formats impacts how the new Computer Aided Dispatch (CAD) system will appear in patrol vehicles. This inconsistency creates officer safety concerns, as the placement of buttons and critical functions can vary between devices. Ensuring all patrol vehicles use the same MDC model will provide consistency and familiarity for all officers, regardless of what patrol vehicle they are assigned.

To address this issue, Staff recommends replacing the remaining CF-31 MDCs with FZ-40 MDCs.

Ordering the new equipment now is important because of the long lead times to receive and install the devices across the fleet.

CDCE has been identified as the recommended vendor due to their experience with Panasonic MDCs, proven expertise with installations, and their ability to securely hold stock until installation.

This approach ensures continuity, reduces logistical challenges, and supports the timely 109
deployment of upgraded MDCs to enhance officer safety and operational efficiency. Staff requests City Council approval for the MDC purchase in the amount not-to-exceed $780,328. 110
Telephone: 800-373-5353
CDCE, Inc.
22641 Old Canal Road
Yorba Linda, CA 92887
City of Ontario Police Department
Attn: Fiscal Serv Vendor#000012653
303 E. B Street
Ontario, CA 91764
United States
City of Ontario
IT Administration
303 E. B Street
Ontario, CA 91764
United States
Sales Quote
123918-J
Customer No. CIONTAROPD
Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-395-2027
Accounts Payable
909-395-2012
Pascal Pangestu
Payment Method
Customer PO NumberF.O.B.Ship Via
Net 30
Drop Ship Destination
Entered By Ordered BySalesperson
Errik GuzmanShane WilliamsCrystal Beach
Order
Qty
Extended
Price
Unit
Price Part # Description
Quote Date
08/22/25
E-mail: E-mail: [email protected]; [email protected] [email protected] Line
Item
100 530,000.00 FZ-40GZ-0DBM F084835988 Panasonic Toughbook FZ-40 (see details below)1 5,300.00 BSKU,
Win11 Pro,
Intel Core Ultra 7 165H vPro (up to 5.0GHz),
AMT,

14.0 FHD Gloved Multi Touch,
32GB,
512GB OPAL SSD,
Intel Wi-Fi 7,
Bluetooth,
4G EM7690,
GPS,
COM Splitter,
Quad Pass (BIOS Selectable),
Mic and Infrared 5MP Webcam,
Standard Battery,
TPM 2.0,
Emissive Backlit Keyboard,
Flat,
CF-SVCLTNF3YR - 3 Year Protection Plus Warranty,
CF-SVC512SSD3Y - 3 Year No Return of Defective Drive,
CF-SVCPDEP3Y - 3 Year Premier Deployment,
FZ-SVCFESGEN10 - Field Engineering Support
100 400.004.00FEE-100001DA7C0D9652 Recycle Fee for Monitors 4"-15"2 100 60,000.00600.00WR-10501447C488D085 PANASONIC: 4th and 5th years Public Safety Service3 Bundle Add on (Year 4 & 5 only). Must be purchased in conjunction with PS bundle base unit. Includes Premier, Protection Plus, Disk Image Management. 08/18/25
12:51:32 PM
Page No.

Print Time
Print Date
Continued on Next Page
47C488D085

Printed by Hubmate User: Cbeach
111
Telephone: 800-373-5353
CDCE, Inc.
22641 Old Canal Road
Yorba Linda, CA 92887
City of Ontario Police Department
Attn: Fiscal Serv Vendor#000012653
303 E. B Street
Ontario, CA 91764
United States
City of Ontario
IT Administration
303 E. B Street
Ontario, CA 91764
United States
Sales Quote
123918-J
Customer No. CIONTAROPD
Sales Quote No.

Ship ToBill To
Contact:

Telephone: Telephone:

Contact:
909-395-2027
Accounts Payable
909-395-2012
Pascal Pangestu
Payment Method
Customer PO NumberF.O.B.Ship Via
Net 30
Drop Ship Destination
Entered By Ordered BySalesperson
Errik GuzmanShane WilliamsCrystal Beach
Order
Qty
Extended
Price
Unit
Price Part # Description
Quote Date
08/22/25
E-mail: E-mail: [email protected]; [email protected] [email protected] Line
Item
97 79,540.00820.00PR-320155 7E4AD39A57 Havis FZ-40 Lite Vehicle Dock (no pass).4 USB-A (3), USB-C (3), Serial, Ethernet (2). Includes diagnostic LED, one front USB-C, rear USB-C's are 10Gbps and 1.5A,
MFG Part Number: HA-40LVDS0
97 15,035.00155.00PS-202013 8D239E4C67 Lind 120 Watt FZ-40 DC Cig Adapter5 97 38,703.00399.00LAB-320001E5F1CA8478 Installation Customer Site6 82x Ford Police Interceptor Utility (PIU)
CDCE will remove existing CF-31, dock and lind.

CDCE will install new Havis dock and Lind along with FZ-40.

Estimated Delivery Date: 45 - 90 days ARO.

Panasonic Warranty Contact: TBD
Purchase orders must include the following:

CDCE Quote#
All part numbers
Part Descriptions
Quantities and price
Sales Tax & Freight
Bill to/Ship To
Payment Terms
***This quote is valid for 30 days from the stated Quote Date*** 08/18/25
12:51:32 PM
Page No.

Print Time
Print Date
Order Total

8.750 % Sales Tax
Freight
Subtotal
780,327.31
54,650.31
1,999.00
723,678.00
E5F1CA8478

Printed by Hubmate User: Cbeach
112
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT: AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL PUBLIC SAFETY GROUP, LLC., FOR PROJECT MANAGEMENT FOR THE

PUBLIC SAFETY DISPATCH AND POLICE REPORT MANAGEMENT SYSTEM

REPLACEMENT PROJECTS

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with National Public Safety Group (NPSG) LLC., of Aberdeen, North Carolina, for selection, procurement, and project management increasing the authorized contract amount by $301,059, for a total contract not-to-exceed amount of $1,264,693 and increase the term for an additional two years.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Capital Improvement Program Fund for consulting services and project management. The proposed Amendment No. 5 to the Professional Services Agreement increases the authorized contract by $301,059 for a not-to-exceed contract amount of $1,264,693 and extends the Agreement for an additional two-year term. The fixed billing rates specified in the current Agreement will determine the amount charged for services and reflect the actual services provided. If approved, appropriations will be added to the future years’ budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS: In 2021, the City began investing in the modernization of its public safety technology systems to ensure timely, reliable, and coordinated emergency response. A key component of this modernization is the transition from the City’s existing Computer-Aided Dispatch (CAD) and Records Management System (RMS) platforms to the Hexagon CAD and RMS systems.

The City engaged National Public Safety Group (NPSG), a third-party vendor specializing in public safety technology consulting and project management, to support this transition. NPSG provides expert guidance to public safety departments by assisting with system configuration, coordinating with vendors, ensuring data integrity during migration, and managing project timelines. 113
In 2023, the City renewed its engagement with NPSG, and their services have been critical in bridging operational needs with technical implementation, reducing project risks, and helping ensure the successful deployment of the new CAD system. With the impending start of the Police RMS project, NPSG's assistance will be needed to ensure that the RMS system is successfully deployed. Staff requests City Council approval to amend the Agreement to increase the contract amount not-to-exceed $1,264,693 and increase the term for an additional two years. 114
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BB&K 2020
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES

BETWEEN THE CITY OF ONTARIO AND
NATIONAL PUBLIC SAFETY GROUP, LLC.

1. Parties and Date.

This Amendment No. 5 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and National Public Safety Group (NPSG), a Limited Liability Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement“ dated December 15, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to extend the terms, provide additional compensation, and add the police report management system replacement (RMS) project. Parties have heretofore entered into that Amendment No. 1, dated June 3, 2021; Amendment No. 2, dated November 21, 2022; Amendment No. 3, dated February 21, 2023; and Amendment No. 4, dated November 21, 2023.

2.3 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section 2.2 Project, Section 3.12 Term, and 3.2.1 Compensation of the Agreement.

3. Terms.

3.1 Amendment. Section 2.2 Project of the Agreement is hereby amended in its entirety to read as follows:
"City desires to engage Consultant to render such professional services for the Selection, Procurement and Project Management for the Police and Fire Computer 115
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BB&K 2020
Aided Dispatch (CAD) replacement project and the police report management systems (RMS) replacement project (“Project”) as set forth in the Agreement." Section 3.1.2 Term of the Agreement is hereby amended in its entirety to read as follows:
"The term of this Agreement shall be from December 15, 2020, to December 14, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services." Section 3.2.1 Compensation of the Agreement is hereby amended in its entirety to read as follows:
" Consultant shall receive compensation, including authorized reimbursement, for all Services rendered under this Agreement at the rates set forth in Exhibit “E” attached hereto and incorporated herein by reference. The total compensation amount shall be increased by three hundred one thousand, six hundred thirty-four ($301,059), and a total not to exceed the contract amount of one million, two hundred sixty-four thousand, six hundred and ninety-three dollars ($1,264,693) without the written approval of Council or City Manager, as applicable. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in the Agreement."

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.5.

3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 5 TO PROFESSIONAL SERVICE

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND NATIONAL SAFETY PUBLIC GROUP, LLC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 as of the day and year first above written.

CITY OF ONTARIO NATIONAL SAFETY PUBLIC GROUP, LLC.

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
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BB&K 2020
EXHIBIT “E”
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119
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT: AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM

BUSINESS PRODUCTS FOR THE PROFESSIONAL BASEBALL STADIUM AND THE

ONTARIO PROMISE CORPS PROGRAM SPACE AND MOBILITY HUB

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize a Cooperative Purchase Agreement for D&C23-011 Professional Baseball Stadium with Margaret C. Pett, Inc. DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $2,938,147 plus a 10% contingency of $293,815, for a total not-to-exceed contract amount of $3,231,962, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97;
B. Authorize a Cooperative Purchase Agreement for D&C23-026 Ontario Promise Corps Program Space and Mobility Hub with Info-Com, of Altadena, California, for the purchase and installation of furniture in the amount of $201,630 plus a 10% contingency of $20,163, for a total not-to-exceed contract amount of $221,793, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97; and C. Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT: Furniture for the Professional Baseball Stadium Project The recommended contract amount for the purchase and installation of furniture for the Professional Baseball Stadium project with Info-Com is in the amount of $2,938,147 plus a 10% 120
contingency of $293,815, for a total not-to-exceed contract amount of $3,231,962. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Professional Baseball Stadium project.

Furniture for the Ontario Promise Corps Program Space and Mobility Hub Project The recommended contract amount for the purchase and installation of furniture for the Ontario Promise Corps Program Space and Mobility Hub project with Info-Com is in the amount of $201,630 plus a 10% contingency of $20,163, for a total not-to-exceed contract amount of $221,793. If approved, appropriations in the Capital Projects Fund will be requested at a future quarterly budget update to the City Council for approval as needed for the Ontario Promise Corps Program Space and Mobility Hub project.

BACKGROUND & ANALYSIS: Furniture for the Professional Baseball Stadium Project On August 6, 2024, the City Council approved the Environmental Impact Report for the Ontario Regional Sports Complex. The Ontario Regional Sports Complex includes a new Professional Baseball Stadium located at the northwest corner of Riverside Drive and Hellman Avenue. On September 17, 2024, the City Council awarded the structural steel and grading contracts for the Professional Baseball Stadium at the Ontario Regional Sports Complex. On October 15, 2024, the City Council awarded 24 construction contracts for the Professional Baseball Stadium. The construction is underway, and the Professional Baseball Stadium will be open in March 2026. If approved, Info-Com will supply and install all the furniture for the Professional Baseball Stadium including office furniture, dining chairs and tables, bar stools, and picnic tables.

Furniture for the Ontario Promise Corps Program Space and Mobility Hub Project On September 17, 2024, the City Council approved a Construction Contract with Loengreen, Inc. and Amendment No. 7 to the Design Services Agreement with Thirtieth Street Architects, Inc. for the construction and design of the Ontario Promise Corps Program Space and Mobility Hub. If approved, Info-Com will supply the furnishings, fixtures, and equipment for the Ontario Promise Corps Program Space and Mobility Hub including furniture for office spaces, children’s areas, outdoor seating, and storage areas.
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(BB&K 2024) - 1 - Goods and Services Agreement

CITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Margaret C. Pett, Inc. DBA Info-Com Business Products, a Corporation with its principal place of business at 1472 Morada Place, Altadena, CA 91001 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Vendor desires to perform and assume responsibility for the provision of certain services and goods required by the City on the terms and conditions set forth in this Agreement.

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Professional Baseball Stadium (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
122
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(BB&K 2024) - 2 - Goods and Services Agreement
incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

2. TERM.

2.1 The term of this Agreement shall be from September 16, 2025, to June 02, 2026, unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.

3. FEES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Million Nine Hundred Thirty-Eight Thousand One Hundred Forty-Seven Dollars ($2,938,147) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Payment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section.

In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to which Vendor is not entitled; and (3) Vendor authorizes both the City and financial institution to 123
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(BB&K 2024) - 3 - Goods and Services Agreement
take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Vendor is not entitled.

4. RESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this Section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Agreement.

4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Vendor to any additional compensation. 124
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(BB&K 2024) - 4 - Goods and Services Agreement
Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.

4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

4.5 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement.

4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants 125
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that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 Reserved.

4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.

4.10 Laws and Regulations; Employee/Labor Certifications. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections. 126
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4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4.10.1 or 4.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

4.10.5 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.

4.10.7 Water Quality.

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 127
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4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s noncompliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

5. PROJECT MANAGEMENT

5.1 City’s Representative. The City hereby designates Daniel Beers, Design & Construction Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

5.2 Vendor’s Representative. Vendor hereby designates Margaret Pett, Project Manager or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. INSURANCE.

6.1 Time for Compliance. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

6.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

6.2.4 Additional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying 129
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coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

6.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

6.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other 130
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additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

6.6 Subcontractor Insurance Requirements. Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6.8 Verification of Coverage. Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.9 Reporting of Claims. Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.

7. INDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.
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7.2 Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. CALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

8.3 Compliance Monitoring. This Agreement is also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim 132
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or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.

9. SAFETY.

Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

10. ACCOUNTING RECORDS.

Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

11. TERMINATION OF AGREEMENT.

11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.

The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

11.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.

11.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, goods and services similar to those terminated. 133
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12. GENERAL PROVISIONS.

12.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Vendor:

Info -Com Business Products
1472 Morada Place
Altadena, CA 91001
Attn: Margaret Pett, Project Manager
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Daniel Beers, Design & Construction Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.

12.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement.

12.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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12.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

12.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

12.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

12.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 135
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12.15 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

12.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

12.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND MARGARET C. PETT, INC. DBA INFO – COM BUISNESS PRODUCTS IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO Margaret C. Pett, Inc. dba Info – Com
Business Products
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Approved By:

Tito Haes
Executive Director Public Works
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

Assistant City Clerk
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EXHIBIT “A”

SCOPE OF SERVICES
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-3 Goods and Services Agreement
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(BB&K 2020) Exhibit A
-4 Goods and Services Agreement
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-5 Goods and Services Agreement
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EXHIBIT “B”

SCHEDULE OF SERVICES
September 16, 2025 to June 02, 2026
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EXHIBIT “C”

COMPENSATION
NTE $2,938,147
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CITY OF ONTARIO

GOODS & SERVICES AGREEMENT
This Agreement is made and entered into as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Margaret C. Pett, Inc. DBA Info-Com Business Products, a Corporation with its principal place of business at 1472 Morada Place, Altadena, CA 91001 (“Vendor”). City and Vendor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. Vendor desires to perform and assume responsibility for the provision of certain services and goods required by the City on the terms and conditions set forth in this Agreement.

Vendor represents that it is experienced in providing similar services and goods to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California and that is familiar with and understands the needs of City.

B. City desires to engage Vendor to sell to City the materials and/or equipment and/or render such services as more particularly described in this Agreement.

TERMS

1. SCOPE OF SERVICES.

1.1 General Scope of Services. Vendor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the furniture to Downtown Mobility Hub Project (“Services”) which are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

1.2 Goods. Vendor agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
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incorporated herein as Exhibit “A.” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

2. TERM.

2.1 The term of this Agreement shall be from September 16, 2025, to February 16, 2026, unless earlier terminated as provided herein. Vendor shall provide all Goods and complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the work.

3. FEES AND PAYMENTS.

3.1 Compensation. Vendor shall receive compensation, including authorized reimbursements, for all Goods provided and Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred One Thousand Six Hundred Thirty Dollars ($201,630) without written approval of City’s Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Payment of Compensation. Vendor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Vendor and Goods provided. The statement shall describe the amount of Services and Goods provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all non-disputed and approved charges thereon.

3.3 Reimbursement for Expenses. Vendor shall not be reimbursed for any expenses unless authorized in writing by City.

3.4 Extra Work. At any time during the term of this Agreement, City may request that Vendor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Goods and Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Vendor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. Vendor shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Vendor in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section.

In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Vendor is not entitled: (1) Vendor shall immediately notify the City and the financial institution; (2) Vendor shall not withdraw any of the funds which were erroneously deposited or to which Vendor is not entitled; and (3) Vendor authorizes both the City and financial institution to 147
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take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Vendor is not entitled.

4. RESPONSIBILITIES OF VENDOR.

4.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Vendor on an independent contractor basis and not as an employee. Vendor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Vendor shall also not be employees of City and shall at all times be under Vendor’s exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Vendor or any of Vendor’s officers, employees or agents, except as set forth in this Agreement. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of providing Goods and Services under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

4.2 Schedule of Services.

4.2.1 Vendor shall perform the Services and provide Goods expeditiously, within the term of this Agreement, and in accordance with the Schedule of Goods and Services set forth in Exhibit “B” attached hereto and incorporated herein by reference (“Performance time”). Upon request of City, Vendor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Goods and Services. Vendor agrees that if the Goods are not provided and/or the Services are not completed within the Performance Time, it is understood, acknowledged and agreed that the City will suffer damage.

4.2.2 Neither City nor Vendor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this Section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Agreement.

4.2.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Vendor to any additional compensation. 148
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Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.3 Conformance to Applicable Requirements. All work prepared by Vendor shall be subject to the approval of City.

4.4 Acceptance. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Vendor’s risk for a reasonable time thereafter and shall be returned or disposed of at Vendor’s expense. No rejected Goods shall be replaced by Vendor without written instruction or authorization from City.

4.5 Coordination of Services. Vendor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

4.6 Standard of Care; Performance of Employees. Vendor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Vendor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Vendor’s failure to comply with the standard of care provided for herein. Any employee of the Vendor or its sub-Vendors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Vendor and shall not be re-employed to perform any of the Services provided under this Agreement.

4.7 Warranty. In addition to all warranties which may be provided by law, Vendor warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Vendor and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Vendor, at its own expense, shall repair or replace, at the option of City, any defective Goods within two (2) business days after receipt of notice from City or within four (4) hours in case of emergency, as determined by City. Vendor also warrants 149
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that the Goods are free and clear of all liens and encumbrances whatsoever, that Vendor is conveying good and marketable title to same, and that Vendor owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Vendor agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

4.8 Reserved.

4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Vendor may be required to do, or respecting the size of any payment to Vendor during the performance of this Contract, Vendor shall continue to perform the Work while said dispute is decided by the City. If Vendor disputes the City’s decision, Vendor shall have such remedies as may be provided by law.

4.10 Laws and Regulations; Employee/Labor Certifications. Vendor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Vendor shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Vendor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Vendor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Vendor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

4.10.1 Employment Eligibility; Vendor. By executing this Agreement, Vendor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Vendor. Vendor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Vendor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Vendor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Vendor’s compliance with the requirements provided for in Section 4.10 or any of its sub-sections. 150
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4.10.2 Employment Eligibility; Subcontractors, and Consultants. To the same extent and under the same conditions as Vendor, Vendor shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

4.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Vendor verifies that they are a duly authorized officer of Vendor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Vendor or its subcontractors, or consultants to meet any of the requirements provided for in Sections 4.10.1 or 4.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Vendor under Section 4.10.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

4.10.4 Labor Certification. By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

4.10.5 Equal Opportunity Employment. Vendor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Vendor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

4.10.6 Air Quality. Vendor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Vendor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Vendor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Vendor, its subcontractors, or others for whom Vendor is responsible under its indemnity obligations provided for in this Agreement.

4.10.7 Water Quality.

4.10.7.1 Management and Compliance. To the extent applicable, Vendor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. 151
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4.10.7.2 Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Vendor or City to penalties, fines, or additional regulatory requirements. Vendor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Vendor’s noncompliance with the laws, regulations and policies described in this Section, unless such noncompliance is the result of the sole negligence or willful misconduct of the City, its officials, officers, agents, employees or authorized volunteers.

4.10.7.3 Training. In addition to any other standard of care requirements set forth in this Agreement, Vendor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Vendor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Vendor with a list of training programs that meet the requirements of this paragraph.

5. PROJECT MANAGEMENT

5.1 City’s Representative. The City hereby designates Adrian Escamilla, Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Vendor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

5.2 Vendor’s Representative. Vendor hereby designates Margaret Pett, Project Manager or his or her designee, to act as its representative for the performance of this Agreement (“Vendor’s Representative”). Vendor’s Representative shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement. The Vendor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all work required under this Agreement.

6. INSURANCE.

6.1 Time for Compliance. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Vendor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

6.2 Minimum Requirements. Vendor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Vendor, its agents, representatives, employees or subcontractors. Vendor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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6.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

6.2.2 Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $2,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

6.2.3 Manufacturer of Goods. If Vendor is also the manufacturer of any equipment included in the Goods, Vendor shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. DOES NOT APPLY IN THIS CONTRACT.

6.2.4 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Vendor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Vendor or the City may withhold amounts sufficient to pay premium from Vendor payments. In the alternative, the City may suspend or terminate this Agreement.

6.2.5 Additional Insured. The City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Vendor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

6.3.1 General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and 153
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complete operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance, deductible, or self-insurance shall be called upon to protect it as a named insured. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.1.

6.3.2 Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor’s scheduled underlying coverage. Any insurance, deductible, or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Vendor’s insurance and shall not be called upon to contribute with it in any way. Policy shall contain or be endorsed to contain such provisions. Notwithstanding the minimum limits set forth in Section

6.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 6.3.2.

6.3.3 Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Vendor.

6.3.4 All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

6.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally 154
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provided by any insurance. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Vendor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Vendor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

6.6 Subcontractor Insurance Requirements. Vendor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Vendor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Vendor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

6.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

6.8 Verification of Coverage. Vendor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

6.9 Reporting of Claims. Vendor shall report to the City, in addition to Vendor’s insurer, any and all insurance claims submitted by Vendor in connection with the Services under this Agreement.

7. INDEMNIFICATION.

7.1 Scope of Indemnity. To the fullest extent permitted by law, Vendor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents arising out of or in connection with the Services, the Goods or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the 155
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foregoing, to the extent required by Civil Code section 2782, Vendor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole negligence or willful misconduct of the City.

7.2 Additional Indemnity Obligations. Vendor shall defend, with counsel of City’s choosing and at Vendor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers.

In addition, Vendor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Vendor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Vendor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Vendor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

8. CALIFORNIA LABOR CODE

8.1 Prevailing Wages. Vendor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, since the total compensation is $1,000 or more, Vendor agrees to fully comply with such Prevailing Wage Laws. City shall provide Vendor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Vendor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Vendor’s principal place of business and at the project site. Vendor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Vendor shall therefore comply with such Labor Code sections to the fullest extent required by law.

8.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Vendor and all subcontractors must be registered with the Department of Industrial Relations. Vendor shall maintain registration for the duration of this Agreement and require the same of any subcontractor. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

8.3 Compliance Monitoring. This Agreement is also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Vendor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor that affect Vendor’s performance of Services, including any delay, shall be Vendor’s sole 156
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responsibility. Any delay arising out of or resulting from such stop orders shall be considered Vendor caused delay and shall not be compensable by the City. Vendor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Vendor or any subcontractor.

9. SAFETY.

Vendor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

10. ACCOUNTING RECORDS.

Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

11. TERMINATION OF AGREEMENT.

11.1 Grounds for Termination. City may, by written notice to Vendor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Vendor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Vendor shall be compensated only for those Services and Goods which have been adequately rendered to City, and Vendor shall be entitled to no further compensation. If terminated for cause because the Vendor refused or failed to deliver the Goods, the City may obtain Goods by whatever method it may deem expedient. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Goods, Vendor will be liable for and will pay the difference to City. Vendor may not terminate this Agreement except for cause.

The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

11.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Vendor to provide all finished or unfinished documents and data and other information of any kind prepared by Vendor in connection with the performance of the Services under this Agreement. Vendor shall be required to provide such document and other information within fifteen (15) days of the request.
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11.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, goods and services similar to those terminated.

12. GENERAL PROVISIONS.

12.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Vendor:

Margaret C. Pett, Inc. dba Info -Com Business Products
1472 Morada Place
Altadena, CA 91001
Attn: Margaret Pett, Project Manager
City:

City of Ontario
303 East “B” Street
Ontario, CA 91764-4196
Attn: Adrian Escamilla, Project Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

12.2 Subcontracting. Vendor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

12.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Vendor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Vendor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Vendor shall be barred from bringing and maintaining a valid lawsuit against the City.

12.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

12.5 City’s Right to Employ Other Vendors. City reserves right to employ other Vendors in connection with the Goods and Services provided under this Agreement. 158
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12.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

12.7 Assignment or Transfer. Vendor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

12.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Vendor include all personnel, employees, agents, and subcontractors of Vendor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

12.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

12.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section

12.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

12.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

12.13 Prohibited Interests. Vendor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Vendor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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12.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

12.15 Authority to Enter Agreement. Vendor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

12.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

12.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE FOR GOODS & SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND MARGARET C. PETT, INC. DBA INFO – COM BUISNESS PRODUCTS IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO Margaret C. Pett, Inc. DBA Info – Com
Business Products
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Approved By:

Tito Haes
Executive Director Public Works
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

Assistant City Clerk
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EXHIBIT “A”

SCOPE OF SERVICES
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-2 Goods and Services Agreement
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EXHIBIT “B”

COMPENSATION
NTE $20,630
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Department: Planning
Prepared By: Elly Antuna
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT: AN ORDINANCE APPROVING FILE NO. PUD23-001, A PLANNED UNIT DEVELOPMENT ON 0.37-ACRE OF LAND LOCATED AT 111 NORTH MONTEREY AVENUE

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council consider and adopt an Ordinance approving File No.

PUD23-001, the Monterey Avenue Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a commercial development at 111 North Monterey Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The proposed Monterey Avenue Planned Unit Development (PUD) establishes development standards and guidelines to facilitate the development of a commercial building. Implementation of the PUD would result in an increase in property and sales taxes from future development and the one-time payment to the City of plan check fees and development impact fees.

BACKGROUND & ANALYSIS: On September 2, 2025, the City Council introduced and waived further reading of an Ordinance approving the Planned Unit Development (PUD). On June 29, 2023, Ernest Wang filed a PUD application (File No. PUD23-001), to facilitate construction of a two-story 5,795 square foot commercial building.

The Project site is comprised of 0.37-acres of land located at the northwest corner of North Monterey Avenue and East Holt Boulevard, at 111 North Monterey Avenue, within LUA-3 (Holt Boulevard) of the MU-1 (Downtown Mixed Use) zoning district. The site is surrounded by a wellestablished single-family residential neighborhood to the north, a gas station to the east, a historic multiple-family development to the west and a commercial center to the south.

The Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development prior to the development of properties. In 165
compliance with this requirement, the Applicant has submitted the Monterey Avenue Planned Unit Development (included as Attachment A to the Ordinance), which is consistent with this vision, goals, and policies of the Policy Plan.

A Planned Unit Development is comparable to a Specific Plan in that it establishes development regulations that are unique to a specific area. However, it is unlike a Specific Plan in that a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

Key components of the Monterey Avenue Planned Unit Development include the following:

Land Use and Development Regulations — The MU-1 (Downtown Mixed Use) zoning district allows for a mixture of vertical and horizontal retail, entertainment, and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 DU/AC.

Consistent with the MU-1 zoning district and in keeping with the context of the surrounding development, the Monterey Avenue PUD allows for commercial development with an FAR up to 2.0, with a maximum building height of 35 feet or two-stories. The minimum building setback proposed along Holt Boulevard and Monterey Avenue is 10 feet for buildings, offstreet parking stalls, mechanical equipment and ancillary structures. Interior and alley property line setbacks are 5 feet.

Landscaping — A minimum of 18% of landscaping is required. The PUD provides a planting palette comprised of “California friendly” planting materials that are compatible with the overall architectural style established by the PUD. The PUD also requires the landscaping and irrigation to comply with AB 1881, and all other laws and regulations related to planting materials.

Parking and Circulation — The PUD utilizes a combination of on-site and on-street parking to provide an adequate parking supply to meet the anticipated parking demand for the Project.

The parking ratio for the anticipated uses is 4 spaces per 1,000 SF. The Project site is located within a mixed-use area where on-street parking is available along Monterey Avenue and on surrounding blocks.

Access to Mass Transit — The San Bernardino County Transportation Authority (SBCTA), in cooperation with the cities of Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana, is currently constructing a 35-mile-long bus rapid transit (BRT) system referred to as the West Valley Connector Corridor (WVCC) project. The WVCC line will have stations along Holt Boulevard on Lemon Avenue and Campus Avenue.

Architectural Character — The PUD architectural style and design is a modern commercial style. Architectural treatments will be continued on all sides of the buildings. All towers or raised elements will be fully finished on all sides to appear as 3 dimensional features. The architecture for the building will feature enhanced materials such as natural stone, or tile to be used as a base treatment and to highlight architectural features such as columns, arches or popped out tower elements. All enhanced materials shall terminate at logical points, such as an interior corner, and shall incorporate cap treatments to provide a transition between materials.
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On July 22, 2025, the Planning Commission conducted a public hearing to consider the project and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission voted (6-0) to approve a Resolution recommending that the City Council approve the PUD and approved a Resolution for a Development Plan (File No. PDEV23-018) to construct a two-story commercial building.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the 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.

ENVIRONMENTAL REVIEW: The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD-23-001, A PLANNED UNIT

DEVELOPMENT TO ESTABLISH DEVELOPMENT STANDARDS,

DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR
PROPERTY LOCATED AT 111 NORTH MONTEREY AVENUE, WITHIN
LUA-3 (HOLT BOULEVARD) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 1048-523-15
WHEREAS, Ernest Wang ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD-23-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 0.37-acre of land generally located at the northwest corner of Monterey Avenue and Holt Boulevard, at 111 North Monterey Avenue, within LUA-3 (Holt Boulevard) of the MU-1 (Downtown Mixed Use) zoning district, and is presently vacant; and
WHEREAS, properties surrounding the Project Site are located within LUA-3 (Holt Boulevard) of the MU-1 (Downtown Mixed Use) zoning district. The site is surrounded by a well-established single-family residential neighborhood to the north, a gas station to the east, a historic multiple-family residential development to the west, a commercial center to the south; and
WHEREAS, on June 29, 2023, the Applicant submitted a Planned Unit Development (File No. PUD-23-001) in conjunction with a Development Plan (File No.

PDEV23-018) to construct a 2-story multi-tenant commercial building; and WHEREAS, the Project site is located within the Downtown Mixed-Use District of the Policy Plan (general plan). The Policy Plan specifies that the Downtown Mixed-Use District is to be implemented through the approval of an Area Plan or Planned Unit Development (“PUD”) prior to the development of properties within the District. In compliance with this requirement, the Applicant has submitted the Monterey Avenue Planned Unit Development (included as Attachment “A” of this Ordinanace), which is consistent with this vision, and goals and policies of the Policy Plan; and WHEREAS, the specific purpose of the Planned Unit Development is to secure a fuller realization of the Policy Plan than would otherwise result from the strict application of present zoning district regulations, and to promote high standards in urban design; encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and, ensure harmonious relationships with surrounding land uses; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and 168
WHEREAS, the Project is exempt from CEQA as the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)); 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, 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 (“ONT 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 July 22, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC25-031, recommending the City Council approve the Application; and
WHEREAS, on September 2, 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 decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
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(2) The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2: 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 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 3: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 and 2, above, the City Council hereby concludes as follows:
(1) The proposed Planned Unit Development is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The 170
Project is consistent with Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. Section 1.1, The Ontario Plan Objectives of the Planned Unit Development, describes the manner in which the Planned Unit Development complies with the Policy Plan goals and policies.
(2) The proposed Planned Unit Development, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The City Council has required certain safeguards, and has required certain changes, which have been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed Planned Unit Development, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Planned Unit Development area is situated in Ontario’s downtown and is adjacent to residential and commercial land uses and development. The surrounding development supports the objective of the Planned Unit Development to further commercial and residential mixed-use development. The Project will not affect the harmonious relationship with adjacent properties and land use.
(4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed Planned Unit Development, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, offstreet parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage.

Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development.
(5) The proposed Planned Unit Development is superior to that which could be obtained through the application of the Development Code or a specific plan. The Planned Unit Development will establish minimum 171
building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards in the Planned Unit Development will facilitate the development of a 2-story multi-tenant commercial building, related parking facilities and landscaped areas. The proposed Planned Unit Development will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.

SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Planned Unit Development, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 5: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

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

SECTION 8: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. 172
PASSED, APPROVED, AND ADOPTED this 16th day of September, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
173

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 September 2, 2025 and adopted at the regular meeting held September 16, 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)
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ATTACHMENT A:

File No. PUD23-001,
Monterey Avenue Planned Unit Development
(Document follows this page)
175
Monterey
Avenue

PLANNED UNIT

DEVELOPMENT
File Number: PUD23-001
176

TABLE OF CONTENTS
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TABLE OF CONTENTS
1 INTRODUCTION 1
2 OBJECTIVES 2

2.1 THE ONTARIO PLAN (TOP) OBJECTIVES 2

2.2 CENTER CITY REDEVELOPMENT OBJECTIVES 3

2.3 PUD DISTRICT PURPOSE AND OBJECTIVES 3
3 LAND USE PLAN 5

3.1 COMMERCIAL ANDINDUSTRIAL USES 5

3.2 ALLOWED USES 6
4 DEVELOPMENT REGULATIONS 24

4.1 INTENSITY 24

4.2 BUILDING HEIGHT 24

4.3 SETBACKS 24

4.4 ACCESS 24

4.5 LANDSCAPING 25

4.6 EQUIPMENT SCREENING 25

4.7 FENCES AND WALLS 25
5 CIRCULATION AND PARKING 26

5.1 VEHICLE CIRCULATION 26

5.2 PEDESTRIAN CONNECTIONS 26

5.3 MASSTRANSIT 26

5.4 STREET DEDICATIONS AND EASEMENTS 26

5.5 PUBLIC RIGHT-OF-WAY IMPROVEMENTS 26

5.6 INFRASTRUCTURE 27

5.7 PARKING 28
6 DESIGN GUIDELINES 29

6.1 BUILDING ORIENTATION AND STREETSCAPES 29

6.2 ARCHITECTURALCHARACTER 29

6.3 MATERIALS AND COLORS 29

6.4 SIGNS 29

6.5 SERVICE FACILITIES 30
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7 HISTORIC PRESERVATION 31

7.1 HISTORIC BACKGROUND 31

7.2 EXISTING HISTORIC STRUCTURES 31
8 ADMINISTRATION 33

8.1 ITEMS NOT ADDRESSED IN PUD 33

8.2 DEVELOPMENT APPLICATIONS 33

8.3 ADMINISTRATIVE EXCEPTIONS 33

LIST OF EXHIBITS
EXHIBIT 1-1 : PROJECTLOCATION MAP 1
EXHIBIT 3-1 : LAND USE DISTRICT MAP 5
EXHIBIT 5-1 : RIGHT-OF-WAY SECTIONS 27

LIST OF TABLES
TABLE 3-1 : PERMITTED/CONDITIONALLY PERMITTED LAND USES 6-23 178

INTRODUCTION
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1. INTRODUCTION
This document is intended to function as a set of planning and design principles, development regulations and performance standards to guide and govern the development of a one block area bounded by Holt Boulevard on the south, Monterey Avenue on the east, alley way on the north, and existing residential block on the west (see Exhibit 1-1, Project Location Map), as a potential high quality commercial development on this corner lot that faces Holt Boulevard and Monterey Avenue. Planned Unit Development (PUD) of 111 N. Monterey Ave. will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply.

City staff and private developers will rely on this PUD to determine whether precise plans for development(“DevelopmentPlans”)will adequatelymeettheCity’sland use and designobjectives.

Exhibit 1-1: Project Location Map
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OBJECTIVES
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2. OBJECTIVES

2.1 THE ONTARIO PLAN (TOP) OBJECTIVES
The Ontario Plan Policy Plan (General Plan) designates the project area as Downtown Mixed Use/ Holt Boulevard District for the parcels that face Holt Boulevard and Monterey Avenue.

PUD of 111 N. Monterey Avenue is consistent with the principles, goals and policies contained within the componentsthat make up The Ontario Plan (TOP), including: (1) Vision, (2) Policy Plan (General Plan), and (3) City Council Priorities. The policies furthered by this PUD are as follows:

1. Vision

DISTINCTIVE DEVELOPMENT
Commercial and Residential Development
A reputation for being good for business to work with while still satisfying broader community interests.

Development Quality
Superior quality and design of the built environment and open spaces through careful attention to detail at every scale, including public and private spaces and structures.

Public Safety
A level ofsecurity and public safety that exceeds conventionalstandards, generates a sense of security throughout the community, and establishes Ontario as one of the safest medium-sized cities in the nation.

2. Policy Plan

LANDUSE
LU3-1 Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision.

COMMUNITY DESIGN
Goal- A goal of community design is to achieve a high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct.

CD2-1 Quality Architecture. We encourage all development projects to convey visual interest and character through:
▪ building volume, massing, and height to provide appropriate scale and proportion;
▪ a true architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
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▪ exterior building materialsthat are visually interesting, high quality, durable, and appropriate for the architectural style.

CD2-5 Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration,strengthen connectivity, and enhance community identity through improvementsto the public right of way such assidewalks,street trees, parkways, curbs,street lighting and street furniture.

CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.

CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

3. City Council Priorities
Invest In The Growth And Evolution Of The City’s Economy.

2.2 CENTER CITY REDEVELOPMENT PLAN OBJECTIVES
▪ Encourage development of a high intensity, multi-use central business district and surrounding neighborhoods that maximize the economic productivity of the commercial areas and maximize the housing opportunities of the residential areas. ▪ Apply innovative mixed use urban design that maintains a flexible approach to allow for changing opportunities over a long-term, phased revitalizationeffort. ▪ Create a healthy and exciting urban environment, with the ability to work, live,shop and play within a small area, combine daytime and nighttime use and conserve energy and resources through mixed use development
▪ Cluster activity centers within walking distance of each other, supported by a pedestrian network that provides an enjoyable pedestrian flow

2.3 PUD DISTRICT PURPOSE AND OBJECTIVES
The purpose of the Monterey Avenue Planned Unit Development (PUD) District is to secure a fuller realization of the general plan than that which would result from the application of present zone district regulations; to promote high standards in urban design; to encourage the development of exceptionally high quality, mixed-use, high intensity projects while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other land uses. The intent of the PUD District isto:
• Promote development projects that are consistent with the land use/downtown revitalization objectives of the Center City Redevelopment Project area. 181

OBJECTIVES
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• Promote flexibility and innovative design of more intense urban development to provide efficient use of space and preserve significant natural, scenic and cultural features of a site.
• Achieve high density residential developments, mixed use developments, and diversityof housingtypes,whilemaintaininghighqualityindesign andconstruction. • Encourage clustering of structures to preserve a maximum amount of continuous open space.
• Maintain the integrity of existing Tier I, Tier II historic structures and the historic downtown setting.
• Contribute to the revitalization of downtown and enhancement of the unique character of the downtown streetscape and if applicable, implement the Downtown Ontario Design Guidelines.
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3. LAND USE PLAN
A single land use development (district) is established within the project limits, as shown in Exhibit 2-1, Land Use Plan, and as described below.

3.1 COMMERCIAL USE
The project area encompasses single land use designation. The property located at the corner of Holt Boulevard and Monterey Avenue will be characterized by offices &Services/commercial uses that recognize their location in close proximity to the downtown area.

Exhibit 3-1: Land Use District Map
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3.2 ALLOWED USES
The Monterey Avenue PUD defers to existing allowed land uses, activities, and facilities for those parcels located within the boundaries of the LUA-3 (Holt Boulevard) sub-district of the MU-1 (Downtown Mixed Use) zoning districts established in the Ontario Development Code, with the below exceptions listed in Table 3: Prohibited Uses. Details and full descriptions of specific land uses, activities, and facilities within each land use category are found in the Ontario Development Code Section 5.01 Land Use Matrix; definitions are included in Division 9.01 (Definitions) of the Ontario Development Code.

TABLE 3-1:Prohibited Uses
• Medical Offices
• Outpatient Centers, Laboratory Testing Services, Home Healthcare Services, and Community Clinics
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DEVELOPMENT REGULATIONS

4. DEVELOPMENT REGULATIONS

4.1 Density/ INTENSITY
Within the MU-1 zoning district, residential development shall range from a minimum allowed density of 25 dwelling units per acre, to a maximum allowed density of 75.0 dwelling units per acre. Commercial-retail and/or office development shall not exceed 2.0 FAR. Floor Area Ratio is calculated by dividing the building square footage by the net lot.

4.2 BUILDING HEIGHT
The buildings within the MU-1 zoning districts shall be a maximum of 35 feet in height for commercial development in order to be in scale to the existing development in the downtown area.

4.3 SETBACKS
TABLE 4-1:Minimum Setbacks
Property Line
Holt Blvd. Monterey Ave. Alley Way Western Interior
Side Property line
Primary Building 10 FT 10 FT 5 FT 5 FT
Off-street Parking stalls 10 FT 10 FT 5 FT 5 FT
Any mechanical
equipment 10 FT 10 FT 5 FT 5 FT
Ancillary structures
(trash enclosure, etc.) 10 FT 10 FT 5 FT 5 FT
Street front and side setbacks within the Mixed Use district shall be maintained at a minimum of 10 feet along Holt Boulevard, and Monterey Avenue. Interior side setbacks shall be maintained at a minimum of 5 feet are required. All setbacks shall be measured from the ultimate property lines after all dedications to develop streets to the ultimate right-of-way width. Placement of buildings, structures, fences, walls, utility facilities, yards, etc. will be based on the street rights-of-way and property line dimensions.

4.4 ACCESS
Along Monterey Avenue one access driveway, limited to right-in and right-out turning movements, is allowed. The drive access on Monterey Avenue must be located a minimum of City allowable distance north of Holt Boulevard.

Distance from the intersecting streets shall be measured from the end of the curb return to the centerline of the driveway.
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DEVELOPMENT REGULATIONS

4.5 LANDSCAPING
A conceptual landscape plan shall be submitted with Development Plan within PUD area of 111 N. Monterey Ave. A minimum of 18% of the site shall be landscaped. The plan shall specify all landscape and hardscape elements for the development plan site and indicate how the improvements will coordinate with the other sites within the PUD. The landscape plans shall show the location of all ground mounted utility structure such as transformers, back flow prevention devices, trash enclosures, and HVAC equipment and indicate the methods for screening these items. All utility structures and equipment shall be screened from view of the public streets and adjacent development.

Water conservation shall be provided through low water using plant materials, hydro zones, water efficient irrigation and weather based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees shall be used to reduce heat gain on buildings, paving and parking areas. The plan shall identify all existing trees on site and preserve them where possible. The landscape design shall meet the requirements of the Landscape Development Standards and shall create well-functioning spaces within a sustainable design.

Within the entire PUD area, the parkways shall be installed adjacent to the curb with the public sidewalk located adjacent to the property line. Parkway landscaping and irrigation within the public right-of-way shall be installed and maintained by each development. Trees along street frontages shall comply with the variety,size, and spacing as directed by the City of Ontario Master Street Tree Plan. Holt Boulevard shall include a 13.4-ft landscaped raised median with irrigation. In addition, on Holt Boulevard the 10.5 feet of right-of-way in back of the curb shall be developed as parkway and sidewalk.

4.6 EQUIPMENT SCREENING
All roof mounted and ground mounted equipment shall be fully screened from view of the public street and adjacent developments. The location of items shall be designed to allow screening with landscapematerials,walls,architecturalfeatures,parapetwalls, etc. Screeningshallbedesignedtobe integrated into the design of the project.

4.7 FENCES AND WALLS
Fences and walls within the project area shall be made of decorative materials which are compatible with the overall architectural character of the development within the PUD area. All fences and wallsshall be in scale with the development to fulfill such needs as screening and security.

Fences, walls and hedges within the project area shall comply with Engineering Corner Sight Distance Standards and other applicable standards. All decorative walls, monuments and/or other similar features shall not encroach into the public street right-of-way.

Within the Commercial land use district walls shall be limited to a maximum of 3 feet in height within any front yard area. Interior or rear walls shall be a maximum of 6 feet in height.

Wallsshall be coordinated with the architecture ofthe building with such features asfinish material, reveal lines, trim, etc.
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5. CIRCULATION AND PARKING

5.1 VEHICLE CIRCULATION
The developers of the PUD site shall be responsible for improving Holt Boulevard, Monterey Avenue and alley way. Monterey Ave. and alley way will provide vehicular access to the site. Onsite circulation will be provided via reciprocal access driveways. The driveways will provide connections between properties and to the public streets and shall be shared by all properties within the PUD. Monterey Avenue shall be restricted to right-in/right out access only once the West Valley Connector Project raised median is constructed along Holt Boulevard.

5.2 PEDESTRIAN CONNECTIONS
Pedestrian connections shall be provided to each building from the public street within the PUD site. The Commercial land use district will also provide pedestrian pathways to connect all of the commercial development. As the entire PUD area will have reciprocal parking, pedestrian connections shall be provided to all parking areas.

5.3 MASS TRANSIT
The San Bernardino County Transportation Authority (SBCTA), in cooperation with the cities of Pomona, Montclair, Ontario, Rancho Cucamonga, and Fontana, is currently constructing a 35-milelong bus rapid transit (BRT) system referred to as the West Valley Connector Corridor (WVCC) project. The WVCC is the first stage of the San Bernardino County Zero-Emission Bus Initiative and second BRT route in San Bernardino County. The purpose of the BRT is to decrease travel times and improve the existing public transit system within the corridor by linking major destinations along the route such as the Ontario Convention Center, Ontario Mills shopping/entertainment complex, and Victoria Gardens, and connecting the Ontario International Airport (ONT) to the Metrolink San Bernardino Line in Rancho Cucamonga, as well as to the Riverside Line in Pomona.

Upon completion of construction, the WVCC will include up to 60 station platforms at 33 locations/major intersections that will be operated by Omnitrans, a public transit agency that serves the San Bernardino Valley. The future WVCC will have stations along Holt Boulevard at Lemon Avenue and Campus Avenue.

5.4 STREET DEDICATIONS AND EASEMENTS
The developers shall dedicate right-of-way along all street frontages as necessary to increase the right-of-way to ultimate width, including corner cutbacks perCity Standard Drawing No. 1301. The ultimate widths for the rights-of ways surrounding the PUD are as follows:

Holt Boulevard 104 feet – 60 feet from south of centerline to right of way, 44 feet from north of centerline to right of way. (Per SBCTA West Valley Connector Project Plans).

Monterey Avenue 60 feet – 30 feet half width
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Alley way 13 feet – 6.5 feet half width

5.5 PUBLIC RIGHT-OF-WAY IMPROVEMENTS
The public right-of-way shall be improved with each proposed development. The width of the right-of-way shall comply with the sections in Exhibit 5-1. The public right-of-way improvements required are to include, but are not limited to the following:street pavement, curb & gutter, parkway landscaping, parkway irrigation, raised landscape median with irrigation on Holt Boulevard, public sidewalk, traffic signing and striping,street lights, busstop, busshelter and amenities. The extent of the required improvements shall be determined for each development plan. At a minimum the improvementsshall incorporate all items along the street frontages of the propertiesto be developed with proper transitioning if the entire block frontage is not being installed with a particular development. Improvements along the street frontage for the entire block may be required at the time of development plan review.
* Exhibit 5-1: Right-of-Way Sections

5.6 INFRASTRUCTURE
The existing water lines in Holt Boulevard and Monterey Avenue are sufficient. Water service for the PUD site will be served by the existing water main in Monterey Avenue. The existing wastewater lines are in Holt Boulevard and north Alley Way. Wastewater flows for the PUD will be designed to use existing sewer lines in Holt Boulevard. The developments within the PUD shall be designed and constructed to accommodate the use of recycled water and shall connect to recycled water when it becomes available.

On-site stormwater drainage facilities shall be provided to capture and infiltrate a 2-yr, 24-hour storm event, consistent with the San Bernardino County Stormwater Program’s Water Quality * Based on approved SBCTA West Valley Connector Project Plans 188

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Management Plan (WQMP) requirements for new development projects. Stormwater capture and infiltration facilities may include the utilization of vegetated swales, depressed landscaped basins, pervious concrete pavement or underground stormwater retention/infiltration vaults. All building roof and paved area runoff shall be directed into depressed landscaped swales, trenches or basins, within the development, in order to comply with the requirement to capture and infiltrate the 2-yr, 24-hour storm event runoff. On-site stormwater drainage facilities shall also partially detain the post development 100-yr storm event peak flow, per City Guidelines and Standards. This site does not have an adequate, existing drainage facility.

All Priority Land Use (PLU): Land use consisting of high-density residential, defined as a land use with at least ten (10) dwelling units per acre, industrial, commercial, mixed urban, and public transportation station land uses within the project area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area- Wide MS4 Permit Certified Trash Treatment/ Pretreatment Devices shall be included in the BMP Design and Construction.

All utility lines(electric, communications, TV, etc.) along HoltBoulevard willremain underground.

Existing overhead utility lines along alley way may remain. Existing overhead utility lines on-site shall be under-grounded at or before the time of development by the developer or property owner.

Street lighting shall be installed along the public right-of-way of Monterey Avenue in accordance with City of Ontario Standards. Street lighting shall be installed along the public right-of-way of Holt Blvd in accordance with City of Ontario Standards and per SBCTA West Valley Connector Projects Plans.

5.7 PARKING
Parking shall be provided on-site at the rates listed below in Table 5-1: Parking Requirements and required by the City of Ontario Development Code. Open parking for the entire PUD project area shall be reciprocal.

On-street parking may be allowed on Monterey Avenue only. Monterey Avenue is a public street and will not be designated for guest parking. No street parking will be allowed on Holt Boulevard.

On-street parking may not be used to meet the requirements for on-site parking as indicated in the Development code.

TABLE 5-1:Parking Requirements
Land Uses, Activities and Facilities No. of Parking Spaces Required General Retail 4 spaces per 1,000 SF (0.004/SF) of GFA
General Business Offices 4 spaces per 1,000 SF (0.004/SF) of GFA Personal Care Services 4 spaces per 1,000 SF (0.004/SF) of GFA 189

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6. DESIGN GUIDELINES

6.1 BUILDING ORIENTATION AND STREETSCAPES
The Commercial buildings shall give the appearance of being oriented towards Holt Boulevard and Monterey Avenue with entry elements, interesting architecture, enhanced materials, and pedestrian scale to provide connection between the development and the street. The building entries may be located on the street frontage of building with connection to path of travel extended to Holt Boulevard and Monterey Avenue so long as strong pedestrian connection is maintained through wide walkways, enhanced pavers, plazas, appropriately scaled lighting and/or other similar features. Rear entrances in parking lot, should be secondary in nature. The street sides of the buildings should be architecturally enhanced along Holt Boulevard and Monterey Avenues to provide a quality appearance from the street.

6.2 ARCHITECTURAL CHARACTER
Due to the size and scale of the PUD project area, virtually mostsides of the buildings will be visible from the public street, common access drives, common parking areas or adjacent parcels with commercial uses. As such the architectural treatments should be carried around to the visible portions of all sides of the buildings. All towers or raised elements should be fully finished on all sides to appear as 3 dimensional features.

The architecture for the buildings should feature enhanced materials such as natural stone, or tile should be used as a base treatment and to highlight architectural features such as columns, arches or popped-out tower elements. All enhanced materials shall terminate at logical points, such as an interior corner, and shall incorporate cap treatments to provide a transition between materials.

6.3 MATERIALS AND COLOR
Durable high-quality materials shall be used at pedestrian level. Foam features, trim, or similar materials are not allowed at pedestrian level due to the lack of durability and failure to maintain a quality appearance over time.

The color scheme for developments within the PUD should be taken from an earth-tone palette in order to blend and coordinate the various architectural features of the buildings to provide a cohesive appearance.

6.4 SIGNS
Signs shall comply with the requirements of the City of Ontario Development Code and shall be coordinated through a comprehensive sign program.
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6.5 SERVICE FACILITIES
Service facilities such as trash enclosures and yard areas shall be designed, located and oriented to have a minimal visual impact on the development within the PUD area. Trash enclosures shall be placed away from common property lines shared with sensitive uses, such as residential.

Trash enclosures shall be designed to coordinate with the architecture, colors and materials of the style of the development and shall be located to provide adequate access for trash pickup without encroaching on access drives or landscaped areas. Trash enclosures shall be designed and constructed with a solid roof cover which shall also be designed to match the architecture of the development.
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7. HISTORIC PRESERVATION

7.1 HISTORIC BACKGROUND
The one block area that comprises the PUD established by this document is not located withinthe City’s Historic Downtown District. However, the property was part of the potential Parkside Addition Historic District. During the late 1990s, the potential historic district was evaluated using a windshield survey, establishing the boundary that exists today. The district is comprised of primarily single and multi-family dwellings constructed during the 1920s-1940s, and the commercial buildings along Holt Boulevard. Some areas retain the original rock curb, but most of the curbs have been replaced with standard concrete curb. Many of the buildings in the potential district have been substantially altered and consequently, were removed by the HPSC from the Ontario Register of Historic Resources in November 2008. The potential district has not been reevaluated since that time.

On July 9, 2020, under Ontario Register Eligibility Review For File No. PHP20-009, The Historic Preservation Subcommittee approved the case, determining that the house and property did not meet landmark eligibility requirement as contained in Section 4.02.040 of the Ontario Development Code. This property will be removed from the Ontario Register of Historic Resources.

The east Holt Boulevard section of the potential historic district was originally developed with residences in the early 1900s when Holt Boulevard (A Street) was a 2-lane dirt road also known as the Ocean to Ocean Highway. Commercial uses were introduced in the 1920s when A Street because a 4-lane higway. The 1950s saw of A Street to Holt Boulevard, and a shift further away from residential to more automotive related and commercial uses. The remaining buildings on the subject site are not thematically related and commercial uses. The remaining buildings on the subject site are not thematically related to the residential to the north and do not contribute to the potential Parkside Addition Historic District.

7.2 EXISTING HISTORIC STRUCTURES
The project site has existing residence & garages and does not contain any historic resources.

However, there are four historic properties located adjacent to west, southeast and southwest of the project area. These properties are follows:
• 541 E. Holt Blvd. (Lerch House, Tier II);
• 545E. HoltBlvd.(Bungalow Court.Tier III); and
The development of the project area will not directly impact the surrounding historic resources.

Subsequently, the purpose the PUD is to guide development within this area and ensure that the proposed development of the project site is sensitive to the location and the historicsurroundings.

Therefore, any new infill developmentshall comply with the following developmentstandards:
• All structures shall be compatible with the scale and massing of the surrounding historic structures.
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HISTORIC PRESERVATION
Monterey Avenue PUD – Version DRAFT 32
• All structures (if feasible) should be oriented to directly front onto Holt Blvd., with parking lots oriented away from the street or behind the structures. • Lighting should be consistent with the lighting designs of the Downtown Ontario Design Guidelines.
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ADMINISTRATION
Monterey Avenue PUD – Version DRAFT 33

8. ADMINISTRATION

8.1 ITEMS NOT ADDRESSED IN PUD
Any terms, requirements, or regulations not addressed within the PUD document shall be governed by the City of Ontario Development Code, the regulations of the General Commercial and General Industrial zones and City Standards.

8.2 DEVELOPMENT APPLICATIONS
Development Plans for the development of each individual parcel within the PUD area, along with fees and other required items, shall be submitted for review and approval per the requirements contained in Article 8 of the City of Ontario Development Code and the General Application.

8.3 ADMINISTRATIVE EXCEPTIONS
Deviation from the development standards set forth in this document may be granted up to a maximum of 10 percent by the Zoning Administrator. Any deviation that is greater than 10 percent shall require Variance approval.
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Department: Planning
Prepared By: Robert Morales
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT: A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-003, A PLANNED UNIT DEVELOPMENT ON 2.07 ACRES OF LAND LOCATED AT 1389 EAST HOLT

BOULEVARD

CITY OF ONTARIO
Agenda Report
September 16, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance Approving File No. PUD23-003, the Holt Residential Planned Unit Development, establishing development standards, design guidelines, and infrastructure requirements to facilitate a residential development at 1389 East Holt Boulevard.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The proposed Holt Residential Planned Unit Development (PUD) establishes development standards and guidelines to facilitate the development of residential units. Implementation of the PUD would result in an increase in property taxes from future residential development and the one-time payment to the City for plan check fees and development impact fees.

BACKGROUND & ANALYSIS: On July 6, 2023, JWDA-MS ARCHITECTS filed a Planned Unit Development application (File No. PUD23-003).

The Project site consists of 2.07 acres of land located at 1389 East Holt Boulevard, at the northwest corner of Holt Boulevard and Imperial Avenue, within the MU-6 (East Holt Mixed Use) zoning district. The site is currently vacant and undeveloped. The property is situated along the Holt Boulevard corridor, a key urban revitalization area identified in The Ontario Plan (“TOP”) 2050 Vision, intended to support higher-intensity, mixed-use infill development and improved transit connectivity.

The Project site is generally surrounded by a mix of residential, commercial, and light industrial land uses. Properties to the north include single-family residential homes, while parcels to the east across Imperial Avenue are developed with mobile home units. To the south across Holt Boulevard, 195
land uses consist of automotive-related uses and commercial uses. Properties to the west include residential and commercial uses. The site is also located within proximity to areas identified for transit-oriented development under the City’s long-range planning efforts.

The Policy Plan states that the Mixed-Use Holt Corridor must be implemented through the approval of a Planned Unit Development before any property development occurs. In compliance with this requirement, the Applicant has submitted the Holt Residential Planned Unit Development (included as Attachment A to the Ordinance), which is consistent with this vision, goals, and policies of the Policy Plan.

Key components of the Holt Residential Planned Unit Development include the following:

Land Use and Development Regulations — The MU-6 (East Holt Mixed-Use) zoning district allows for residential development at a density of 14 to 40 dwelling units per acre. Consistent with the MU-6 zoning and The Ontario Plan (“TOP”) land use designation of Mixed Use – Holt (MU-Holt), the Holt Residential Planned Unit Development (PUD) allows for multiple-family residential development within this density range and establishes standards for building height, setbacks, open space, and site layout. The PUD is intended to facilitate compact, walkable infill housing that complements the urban form, scale, and character of the Holt Boulevard corridor.

Landscaping — The PUD establishes guidelines for landscaping that promote the use of “California-friendly” and drought-tolerant plant materials consistent with water-efficient design principles. Landscaping is intended to enhance the overall character of the development, complement architectural styles, and provide screening for utility equipment, trash enclosures, and parking areas. A landscape and irrigation plan is required prior to the issuance of building permits and must comply with applicable City standards.

Parking and Circulation — The PUD requires compliance with the parking, loading, and lighting provisions of the City of Ontario Development Code (Division 6.03) and applicable provisions of State Density Bonus Law. Resident parking is accommodated on-site within enclosed two-car garages. As permitted under State law, the Project is subject to reduced parking ratios consistent with Density Bonus provisions. Internal circulation is provided through a private drive aisle that connects directly to Holt Boulevard and Imperial Avenue, ensuring safe and efficient access throughout the site.

Access to Mass Transit — The Project is located along the Holt Boulevard Bus Rapid Transit (BRT) Corridor, with an existing westbound Omnitrans Route 61 bus stop directly in front of the site.

Architectural Character — The PUD requires a modern interpretation of the Spanish colonial style to enhance the overall character of the Holt Boulevard corridor. Building design will incorporate high-quality elements such as varied rooflines composed of gabled forms with s-profile terracotta tiles, stucco finishes, recessed windows, and decorative detailing to create visual interest. The PUD requires the use of at least 3 different materials and a combination of light and dark colors to provide contrast across the building elevations.

Windows will be recessed, and decorative light fixtures will be consistent with the Spanish colonial character. Parapet walls and other architectural features conceal rooftop equipment 196
from public view.

On August 26, 2025, the Planning Commission conducted a public hearing to consider the project and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission voted (5-0) approving the Development Plan (File No. PDEV23-019) application to facilitate construction of 50 multiple-family units and recommended that the City Council approve a Resolution for the Holt Residential Planned Unit Development.

HOUSING ELEMENT COMPLIANCE: The Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principles, goals, and policies of the Housing Element.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE : The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the 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.

ENVIRONMENTAL REVIEW: The Project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15332 (Class 32 – Infill Development Projects) of the CEQA Guidelines. The Project qualifies as infill development because it is consistent with the applicable general plan and zoning designation, occurs within city limits on a site less than five acres substantially surrounded by urban uses, has no value as habitat for endangered species, would not result in significant effects related to traffic, noise, air quality, or water quality, and can be adequately served by all required utilities and public services.
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Case Planner: Robert Morales Hearing Body Date Decision Action Planning Director
Approval:

DAB 7/21/2025 Approval Recommend
PC 8/26/2025 Recommend/
Final
Submittal Date: July 6, 2023 CC 9/2/2025 Final
FILE NOS: PUD-23-003 & PDEV23-019
SUBJECT: A public hearing to consider a Planned Unit Development (File No. PUD-23- 003) to establish development standards and design guidelines for the project site in conjunction with a Development Plan (File No. PDEV23-019) for the construction of 50 multiple-family dwellings on approximately 2.07 acres of land located at 1389 East Holt Boulevard, within the MU-6 (East Holt Mixed Use) zoning district. Submitted by JWDA-MS Architects. City Council action is required for File No. PUD-23-003.

PROPERTY OWNER: David Liu
RECOMMENDED ACTION: That the Planning Commission adopt Resolutions for File Nos.

PUD-23-003 and PDEV23-019, pursuant to the facts and findings contained in the staff report and attached Resolutions, and subject to the conditions of approval included in Attachment A.

BACKGROUND: On July 6, 2023, the Applicant submitted an application for a Planned Unit Development (“PUD”) (File No. PUD-23-003) and a Development Plan (File No.

PDEV23-019) for the construction of 50 multiple-family dwellings on approximately 2.07 acres of land located at 1389 East Holt Boulevard, within the MU-6 (East Holt Mixed Use) zoning district. Final approval of the Development Plan is contingent upon the City Council’s adoption of the PUD for the Project site.

On July 21, 2025, the Development Advisory Board conducted a public hearing regarding the Development Plan and recommended that the Planning Commission approve File No. PDEV23-019.

PROJECT SETTING: The Project site consists of 2.07 acres of land located at 1389 East Holt Boulevard, at the northwest corner of Holt Boulevard and Imperial Avenue, within the MU6 (East Holt Mixed Use) zoning district, which is depicted in Exhibit A: Project Location Map. The site is currently vacant and undeveloped, with no existing structures or active uses. The property is situated along the Holt Boulevard corridor, a key urban revitalization area identified in The Ontario Plan (“TOP”) 2050 Vision, intended to support higherintensity, mixed-use infill development and improved transit connectivity. 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
August 26, 2025
Approval
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Planning Commission Agenda Report
File Nos.: PUD-23-003 & PDEV23-019
August 26, 2025