Ontario City Council
December 2, 2025

commercial uses in the downtown area. The analysis contained herein will demonstrate that the removal of the truck route designation on Euclid Avenue conforms with Assembly Bill 98 (Reyes, 2024) and the associated “cleanup legislation”, Senate Bill 415 (2025), whereby it aims to remove through truck traffic from a key community corridor in the City of Ontario. Furthermore, the analysis will confirm that removal of the truck route designation on Euclid Avenue will result in a shift of through truck traffic to parallel routes that have the capacity to accommodate the additional traffic.

Analysis
Fehr & Peers completed a truck route relocation assessment as part of the City of Ontario Downtown Traffic Study. The following assessment considered two alternatives: 1) removal of the truck route designation, and 2) weight restrictions to prohibit trucks from using Euclid Avenue.

Removing the truck route designation along Euclid Avenue would improve roadway conditions through Downtown Ontario for residents, visitors, and employees by shifting trucks to alternative corridors. Per the findings of the analysis, removal of the truck route designation on Euclid Avenue is not expected to result in degraded Level of Service (LOS) along alternative, parallel truck routes.

The remainder of this memorandum is divided into the following sections:

1. Existing Conditions

2. Regulatory Landscape

3. Policy Alternatives

4. Operations Assessment

5. Recommendations
Existing Conditions
Within the study area, there are six truck routes designated by the City of Ontario, as shown in Figure 1.

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Existing Truck Routes
Figure 1
Fourth St
Holt Blvd
Vineyard Ave
Mountain Ave
Euclid Ave
Grove Ave
Mission Blvd
1 2
3 4
5 6
7 8
11 12 13 14 15 16
17 18 19 20 21 22
23 24 25 26
27 28 29 30 31 32
33 34
Study Intersections
City Truck Route
Adjacent City Truck Route
State DOT Network
#
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North-South Truck Routes
• Euclid Avenue: Euclid Avenue is a six-lane north-south facility and has a speed limit of 35 to 40 miles per hour. Euclid Avenue runs through Downtown Ontario with direct ingress and egress to I-10 and SR-60.
• Mountain Avenue: Mountain Avenue is a four-lane north-south facility that parallels Euclid Avenue to the west of Downtown Ontario with a posted speed limit of 40 miles per hour. Mountain Avenue runs through commercial and industrial areas with direct ingress and egress to I-10 and SR-60.
• Grove Avenue: Grove Avenue is a four-lane north-south facility that parallels Euclid Avenue to the east of Downtown Ontario. Grove Avenue has a posted speed limit of 45 miles per hour, provides direct ingress and egress access to SR-60, and indirect ingress and egress to I-10, Chino Airport, and Ontario International Airport.

East-West Truck Routes
• Fourth Street: Fourth Street is a two- to four-lane east-west facility north of Downtown Ontario with a posted speed limit of 35 miles per hour. Fourth Street is designated as a truck route east of Grove Avenue and provides access to I-10. • Holt Boulevard: Holt Boulevard is a four-lane east-west facility south of Downtown Ontario. Holt Boulevard has a posted speed limit of 40 miles per hour. In the study area, Holt Boulevard runs through commercial and industrial land uses and connects to I-10, SR-71, and Ontario International Airport. Holt Boulevard is designated as a truck route east of Grove Avenue.
• Mission Boulevard: Mission Boulevard is a four- to five-lane east-west facility south of Hoult Boulevard and Downtown Ontario with a posted speed limit of 45 miles per hour.

In the study area, Mission Boulevard runs through commercial and industrial land uses and provides access to SR-60, I-15, SR-71, and Ontario International Airport. Mission Boulevard is designated by Caltrans as a state truck route.

Existing Truck Traffic
Vehicle classification counts were collected in May 2024 along the three north-south truck routes within the study area. The existing weekday volumes by vehicle classification are shown in Table

1. As shown in Table 1, truck volumes are highest along Grove Avenue. Along Euclid Avenue in Downtown Ontario, less than two percent of all vehicles are classified as trucks with three or more axles.
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Table 1: Existing Truck Volumes, May 2024
Truck
Route Segment Vehicle
Axles
Vehicle Volumes
AM Peak PM Peak Daily Total Share of
Total
Mountain
Avenue
State Street
to Mission
Boulevard
2-Axle 121 82 1,585 5.2%
3-Axle 15 10 175 0.6%
≥4-Axle 20 18 394 1.3%
Passenger
Vehicle 1,969 2,404 28,578 93.0%
J Street to
4th Street
2-Axle 69 45 879 3.2%
3-Axle 13 5 131 0.5%
≥4-Axle 22 12 259 0.9%
Passenger
Vehicle 1,670 1,900 26,457 95.4%
Euclid
Avenue
Mission
Boulevard
to Holt
Boulevard
2-Axle 79 81 1,170 4.3%
3-Axle 11 12 146 0.5%
≥4-Axle 24 13 326 1.2%
Passenger
Vehicle 1,775 2,179 25,359 93.9%
H Street to I
Street
2-Axle 55 42 862 3.6%
3-Axle 13 7 145 0.6%
≥4-Axle 15 8 235 1.0%
Passenger
Vehicle 1,767 1,884 22,736 94.8%
Grove
Avenue
Airport
Drive to
Mission
Boulevard
2-Axle 156 148 2,341 5.3%
3-Axle 27 32 498 1.1%
≥4-Axle 52 47 1,126 2.6%
Passenger
Vehicle 2,746 3,398 39,807 90.9%
I Street to
4th Street
2-Axle 57 55 868 4.0%
3-Axle 14 8 131 0.6%
≥4-Axle 14 7 169 0.8%
Passenger
Vehicle 1,248 1,530 20,495 94.6%
Source: Fehr & Peers, 2024.
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Existing Truck Trip Distribution
Trip distribution refers to the directions of approach and departure that vehicles would use to travel to and from the Project study area. Fehr & Peers analyzed truck origin-destination and top- route data from Streetlight, a big data vendor that utilizes anonymous connected vehicle data to summarize trip behavior, to develop a trip distribution for trucks in the Downtown area.

As shown in Table 2, over 85 percent of truck trips along Euclid Avenue are pass-through trips, or trips that do not start or end in Downtown Ontario. Trips to and from downtown primarily utilize Holt Avenue to the east and Euclid Avenue to the north and south. A summary of top routes for inbound and outbound truck trips is provided in Figure 2.

Table 2: Truck Traffic in Downtown Ontario (Euclid Avenue) Pass Through
Downtown Ontario
Start/Stop in
Downtown Ontario
Percent of Truck
Traffic 88% 12%
Source: Streetlight Data, 2023.

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Truck Trip Distribution
)LJXUH
Inbound Truck Trip Distribution
Outbound Truck Trip Distribution
Downtown Ontario
16%27%
37%
25%
12%
8% 22%
28%
Source: Streetlight Data, 2023
Note: Numbers do not add to 100% as trips on local streets were excluded. 551
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Regulatory Landscape
Fehr & Peers reviewed the California Vehicle Code, Caltrans truck regulations, the Ontario Plan, and the Ontario Municipal Code to identify rules and regulations associated with both truck route designation and roadway weight restrictions.

Vehicle Classifications
Vehicles are classified into nine (9) categories, as defined by the United States Department of Transportation, Federal Highway Administration.
1 Traffic counts are often collected by vehicle
classification to support operational analysis.

Classes 1-3: Light-Duty
The first three classes encompass non-commercial, light-duty vehicles commonly referred to as passenger vehicles. These three classifications represent automobiles, such as cars, sport-utility vehicles (SUV), minivans, and light-duty trucks (pick-up trucks):
• Class 1: Motorcycles – All two or three-wheeled motorized vehicles. This category includes motorcycles, motor scooters, mopeds, motor-powered bicycles, and three-wheel motorcycles.
• Class 2: Passenger Cars – All sedans, coupes, and station wagons manufactured primarily for the purpose of carrying passengers and including those passenger cars pulling recreational or other light trailers.
• Class 3: Other Two-Axle, Four-Tire Single Unit Vehicles – Included in this classification are pickups, panels, vans, and other vehicles such as campers, motor homes, ambulances, hearses, carryalls, and minibuses.

Classes 4-6: Medium-Duty
Medium-duty vehicles include medium sized trucks and some full-size trucks, primarily used commercially:
• Class 4: Single-unit, four-wheeled vehicles with gross vehicle weight rating (GVWR) between 14,001 and 16,000 pounds. This includes buses, box trucks (typically used for deliveries to neighborhood stores and restaurants), and walk-in trucks and city delivery trucks (e.g., FedEx, UPS, DHL, etc.).

1 USDOT FHWA vehicle classifications accessed on 9/26/2024 at: Office of Highway Policy Information - Policy | Federal Highway Administration (dot.gov)
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• Class 5: Two-axle, six-tire, single-unit vehicles – Trucks between 16,001 and 19,500 pounds fall into this class. This consists of tow-trucks, dump trucks, larger delivery and walk-in trucks.
• Class 6: Three-axle, medium-duty commercial trucks – Vehicles in this class weigh between 19,501 and 26,000 pounds, such as cement trucks and the cab without a trailer of a semi-truck (also called a bobtail or tractor). This classification and Classes 7-9 require the driver to obtain a commercial drivers license.

Classes 7-8: Heavy-Duty
Heavy-duty trucks, commonly referred to as “semi-trucks” or “big rigs” typically fall into the following two classifications. Class 7 and 8 trucks are the most common, and in California, “California Legal” Class 7 and 8 trucks are permitted to use any roadway unless expressly prohibited. The configuration of a “California Legal” truck is shorter than the federal truck size limit as the federal size limit with a wheelbase of 67 feet is difficult for many local roadways to accommodate.
• Class 7: Single-unit vehicles with four or more axles and a GVWR ranging from 26,001 to 33,000 pounds. This category is commonly associated with local delivery trucks with “day cabs”, such as grocery store delivery trucks.
• Class 8: Vehicles with four or more axles and GVWR over 33,000 pounds – this category is most referred to when describing semi-trucks. However, this category also includes cement and dump trucks.

Implementing Truck Route Designations
Local jurisdictions have the authority to designate and undesignate truck routes within their jurisdiction. Pursuant to Assembly Bill 98 – Warehouse Build Standards (2024), which was recently superceded by Senate Bill 415 Planning and Zoning (signed into law on October 3, 2025), cities named as “warehouse concentration region” jurisdictions are required to update their general plan circulation elements to “Identify and establish specific travel routes for the transport of goods, materials, or freight…” 2. Ontario is named as a warehouse concentration region jurisdiction. The removal of the truck route designation on this segment of Euclid Avenue is consistent with SB 415 (Reyes, 2025).

Design Considerations
Truck routes are typically designed to provide access to heavy-duty vehicles. Truck routes should be designed to accommodate turning radius at intersections and points of ingress and egress

2 California Government Code Section 65302.02
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required for trucks to safely turn without overtaking lanes or driving over infrastructure, such as curbs, sidewalks, and raised medians.

California Vehicle Code (CVC)
The CVC regulates the size and weight of vehicles that are permitted to operate without restriction on California roadways. These “California Legal Trucks” are shorter than the maximum truck length permitted under federal law pursuant to the Surface Transportation Assistance Act (STAA) of 1982, which established federal vehicle size and weight limits. California legal trucks have a maximum turning radius of 50 feet, whereas STAA trucks have a maximum turning radius of 67 feet. The California Vehicle Code (CVC) provides Caltrans the authority to designate STAA truck access routes (CVC Section 35401), which are routes capable of carrying the longer STAA trucks. Mission Boulevard is classified as an STAA truck access route in the City of Ontario.

However, local agencies have the sole authority to designate local truck routes. Caltrans is responsible for maintaining an up-to-date database of truck routes, publishing information about state and local truck routes, and regularly adds or removes truck routes in accordance with city council resolutions.

City of Ontario General Plan
Section M-4, Goods Movement, in The Ontario Plan (General Plan), adopted 2021, outlines key goals and policies regarding truck circulation in the City:
• M-4.1: The City shall designate and maintain a truck route network that provides safe and efficient goods movement while minimizing conflicts with noise sensitive land uses. This is implemented through truck route design such as buffer space between pedestrian a nd bicycle facilities.
• M-4.2: The City shall work with surrounding cities and transportation agencies to plan efficient regional truck routes that minimize environmental impacts. • M-4.4: The City supports efforts to reduce and eliminate the negative environmental impact of goods movement through the planning and implementation of truck routing and supporting clean fueling/recharging and electrified truck parking.

City of Ontario Municipal Code:

The Ontario Municipal Code specifies additional policies related to truck routes and commercial vehicle circulation.
• Sec. 4-6.1304. Truck Routes: Truck routes are designated by the Ontario City Council and the City Traffic Engineer. Truck routes are to have the appropriate signage that permits the use of vehicles that exceed a maximum gross weight of five tons. Vehicles that exceed a maximum gross weight of five tons must use truck routes except if they are making pick up or deliveries to restricted streets or to deliver construction materials. 554
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• Sec. 4-6.1805. Revocation of Route: The City Traffic Engineer may nullify a truck designated route if it has inadequate truck traffic, if the route is difficult for large vehicles to navigate, or if the presence of trucks causes hazardous traffic conditions for pedestrians or other vehicles. A City Council resolution revoking the truck route designation is required.
• Sec. 4-6.1009. Restricted for certain commercial vehicles: Except in industrial zones and on designated truck routes, it is unlawful for a commercial vehicle exceeding gross weight of five (5) tons to remain standing upon any street in the City. Commercial vehicles may only be parked while making pickups or deliveries of goods or during emergencies.

Implementing Roadway Weight Limits
Establishing roadway weight limits falls under the purview of USDOT and Caltrans. The CVC allows local agencies to pursue weight restrictions that prohibit heavy vehicles, notably trucks, from operating on local roads (CVC Sections 21101 (c), 35712 (a), and 35706); however, local agencies cannot unilaterally place weight restrictions on local roadways, and stringent rules are associated with weight restricting roadways that provide direct ingress and/or egress to the State Highway System, such as Euclid Avenue (CVC 35714(c)).

For the purposes of this study, Caltrans weight restriction process is outlined below. The details of Caltrans’ weight restriction process is provided in Table 3.

Caltrans Roadway Weight Restriction Process
As a first step, the City should inform Caltrans District 8 DTAM/DTC staff about the proposed weight restriction. Caltrans staff will provide guidance on how best to proceed, including information about how to justify the weight restriction and input and feedback on analyses conducted. The current contact is Yong H. Kim at Caltrans District 8. His contact information is provided as follows:

Yong H. Kim,
Caltrans District 8 DTAM/DTC,
(909) 356-3758
[email protected]
The local jurisdiction must apply for the weight restriction through Caltrans. Applications are considered on a case-by-case basis. Per Caltrans, “the suggested procedures are not intended to abrogate the use of discretion in evaluating applications.” The application guidelines are contained below in Table 3.
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Table 3: Caltrans Process for Implementing Local Roadway Weight Restrictions Step Description
1) Prepare a Draft
Truck Restriction
Ordinance or
Resolution
When proposing a truck restriction, the local agency prepares a draft ordinance or resolution of the proposed truck restriction and informs the appropriate Caltrans District Truck Access Manager (DTAM).

If the restriction is initiated by Caltrans, the DTAM takes the lead and informs the locals of the proposed restriction; and requests the locals' support of such restriction by adoption of an ordinance or resolution.

The draft ordinance or resolution is required to cite the CVC Section(s) providing the justification for the truck restriction. The DTAM notifies the Headquarters Office of Commercial Vehicles Operations (CVO) in writing soon after learning of a truck rest
riction proposal, and forwards copies of the draft restriction proposal to CVO and other functional units for review and comments.
2) Prepare Initial
Study
The proposing agency prepares the Initial Study, which provides the information necessary to justify the proposed restriction and indicates whether the proposed restriction is subject to California Environmental Quality Act (CEQA) review. The Initial Study entails preliminary submittal of information by Caltrans, local agencies, and California Highway Patrol staff, as well as initial comments from the trucking industry, affected industries, and citizen groups, and so on. It should include the proposed restriction type, location, existing conditions, pertinent truck data, alternatives, maintenance and safety considerations on the alternative route(s), any initial public comment, and conditions that may involve further CEQA compliance. 3) Public Review,
Comment Period,
Conduct Public
Hearing
During the public review period, the proposing agency gives public notice of the proposed truck restriction, and public hearings can be advertised and held. The Notice of Hearing shall be given for not less than 10 days and the hearing shall be at the county seat of the county in which the affected highway is situated, or at some other place convenient to the portion of the highway affected. The hearing shall be conducted by one or more engineers appointed by the proposing Agency. All documentation acquired to date regarding the proposed truck restriction should be available for public review prior to the public hearing. 4) Receive
Comments and
Prepare Final Truck
Restriction Report
All comments received must be considered and resolved. If the proposed restriction is to move forward, local agency prepares a final truck restriction report and forwards to the DTAM, or DTAM prepares the final restriction report for the Caltrans proposed restriction. This final report includes all comments, revisions, and the draft restriction ordinance or resolution. The Caltrans Traffic Operations Deputy District Director forwards the truck restriction package with the District's recommendations to the Caltrans Traffic Operations Division Chief at Headquarters. (See the checklist for the contents of the truck restriction report, following these guidelines.) 5) Caltrans Traffic
Operations Submits
Recommendation
to the Director's
Office
The CVO, in cooperation with Caltrans Headquarters Environmental and Legal Divisions, prepares a recommendation regarding the truck restriction and submits it to the Caltrans Director's Office. Establishing lesser KPRA distances must also be approved by the Secretary of the California State Transportation Agency. 6) Caltrans Director
Issues Written
Approval
If approved, the Caltrans Director issues a written approval of the truck restriction report and the draft ordinance or resolution for the truck restriction. 556
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Step Description
7) Pass Final Truck
Restriction
Ordinance or
Resolution
Approval by Caltrans of the truck restriction with the proposed ordinance or resolution by the locals shall constitute an approval by it of the alternate route(s) so designated.
8) Erect Restriction
Signs and Enforce
Restriction
Caltrans shall erect suitable signs at each end of the affected portion of the highway and at such other points as the Department deems necessary to give adequate notice of the truck restriction. No ordinance or resolution enacted by the locals shall be effective until signs giving notice are posted at all entrances to the highway or part thereof affected. Signs erected by the locals within the State right-of-way must be done so under an encroachment permit issued by the Department of Transportation.

Source: California Vehicle Code and Caltrans Legal Basis for Truck Restrictions Policy Alternatives
Alternative 1: Local Truck Route Designation Removal
This alternative removes the existing truck route designation along Euclid Avenue between Mission Boulevard and I-10 in the City of Ontario. The truck route designation would be retained on the southern segment of Euclid Avenue between Mission Boulevard and Riverside Drive. (South of Riverside Drive, Euclid Avenue is fully contained within the City of Chino and provides critical truck access to existing and planned industrial uses in Ontario located along Eucalyptus and Merrill Avenues.)
By removing the truck route designation, commercial vehicles would be prohibited from utilizing Euclid Avenue unless they are “coming from an unrestricted highway having ingress and egress by direct route to and from the restricted highway when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted highway or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted highway for which a building permit has previously been obtained

3.” This option would prohibit
trucks from using Euclid Avenue as a through route, but it would continue to allow trucks serving local businesses to use Euclid Avenue. Trucks can utilize Mountain Avenue and Grove Avenue for north-south through trips and Mission Boulevard and/or I-10 to access these parallel routes. This measure has been implemented by other cities that have relinquished Caltrans facilities, including Euclid Avenue north of 16
th Street in the City of Upland.4
This alternative can be implemented in accordance with Ontario Municipal Code Section 4 -6.1805 where the City Traffic Engineer may nullify a truck route designation if approved by the City

3 California Vehicle Code Section 35714 (c)
4 City of Upland Municipal Code Section 10.52.130 (b), https://ecode360.com/44424998 557
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Council. Implementation would require removal of the existing truck route signage and ongoing enforcement by Ontario Police Department (OPD). Enforcement would be challenging given OPD would be required to trail trucks to ensure that they are using Euclid Avenue as the most direct access to their origin or destination.

Alternative 2: Commercial Vehicle Weight or Size Restrictions The CVC does allow local jurisdictions to implement weight restrictions on local roadways, but per the steps outlined in Table 3, the process is challenging and cannot be implemented unilaterally by the City, especially on non-residential corridors with direct ingress and egress to the State Highway System. Weight restrictions on roadways with direct access to the interstate and St ate highway systems requires substantial justification to obtain approval. This tactic is typically limited to local residential streets, unimproved facilities in unincorporated areas, or roadways with bridges that are not capable of carrying heavy vehicles.

Approval of a weight restriction requires adoption of a City Ordinance, approval by Caltrans and the Secretary of the California State Transportation Agency (CalSTA), and adoption of an ordinance by the San Bernardino County Board of Supervisors.

If approved, implementation would require an amendment to the Ontario Municipal Code allowing for alternative weight or size restrictions along designated roadways in the City, installation of signage by Caltrans at the Euclid Avenue offramps from I-10, and signage along Euclid Avenue with the posted weight restriction and truck route signage directing truck drivers to alternate routes.

Operations Assessment
Fehr & Peers analyzed the potential network-wide impacts of the two truck route alternatives:
• No Project Alternative (Maintain Truck Route Designation) • Alternative 1: Full Truck Route Removal
• Alternative 2: Heavy-Duty Truck Restriction (vehicles with four or more axles) Traffic Volume Forecasts
Traffic volume forecasts were prepared for the six study roadway segments using the version of SBTAM that was updated as part of The Ontario Plan (The City’s General Plan Update) Environmental Impact Report (EIR). The model has a Base Year (2019) scenario and a Future Year (2050) scenario. Within the City of Ontario, the Base Year (2019) model assumes a roadway network and Socio-Economic Dataset (SED) consistent with year 2019 and the Future Year (2050) model represents the Adopted General Plan Buildout roadway network and SED. 558
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Traffic growth between base and future years was reviewed and added to existing (2024) traffic counts to prepare the 2050 roadway segment forecasts. Interim Year (2035) roadway segment forecasts were estimated by linearly interpolating between Existing Conditions and Future Year (2050) conditions. Vehicle classification estimates for future year scenarios were developed by maintaining the existing vehicle fleet mix.

Truck Trip Redistribution
Trucks from Euclid Avenue were redistributed to Mountain Avenue and Grove Avenue based on the existing truck trip distribution. It was assumed that 60 percent of the re-routed trucks would utilize Grove Avenue while 40 percent of the re-routed trucks would utilize Mountain Avenue due to the higher levels of industrial activity along Grove Avenue. Under the full truck route removal scenario, 15 percent of three-axle trucks were retained along Euclid Avenue, accounting for the trucks serving the Downtown area.

Analysis Methodology
Capacity assessment was performed based on the Highway Capacity Manual (HCM) 7 th Edition
methodology. This methodology determines the level-of-service (LOS) based on a Volume-to- Capacity (V/C) ratio, letter grade criteria LOS A through F. As shown in Table 4, these grades range from LOS A (minimal delay) to LOS F (congested conditions). LOS E represents at -capacity operations. For the City of Ontario, LOS D is the minimum acceptable standard for roadways.

Table 4: Level of Service (LOS) Grades
Level of Service V/C Ratio
A 0.000-0.600
B 0.601-0.700
C 0.701-0.800
D 0.801-0.900 (City Minimum Standard)
E 0.901-1.000
F Greater than 1.000
Source: Highway Capacity Manual, 6th Edition, 2017.

Results
LOS estimates for existing conditions, interim year (2035) conditions, and future year (2050) conditions for no project and both alternatives are presented in Tables 5 through 7. In Table 8, these results are compared against the traffic forecasts in The Ontario Plan.

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Table 5: Existing Conditions (2024) Roadway Segment LOS Roadway Segment Existing
Lanes Capacity Total
Volume
Existing

LOS / V/C
Ratio
Mountain
Avenue
State Street to Mission Boulevard 4 37,400 30,732 D / 0.82 J Street to 4th Street 4 37,400 27,726 C / 0.74
Euclid
Avenue
Mission Boulevard to Holt
Boulevard 4 37,400 27,001 C / 0.72
H Street to I Street 6 56,000 23,978 A / 0.43
Grove
Avenue
Airport Drive to Mission Boulevard 6 56,000 43,772 C / 0.78 I Street to 4th Street 4 37,400 21,663 A / 0.58
Note: Segments exceeding LOS D City threshold are bolded.

Source: Fehr & Peers

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Table 6: Interim Year (2035) Roadway Segment LOS Results Note: Segments exceeding LOS D City threshold are bolded.

Source: Fehr & Peers, 2024.

Roadway Segment
No Project
Lanes /
Capacity
Plus Project
Lanes /
Capacity
No Project
Volume
Full Reroute
Volume
Partial
Reroute
Volume
No
Project
LOS /
V/C
Ratio
Full
Reroute
LOS /
V/C
Ratio
Partial
Reroute
LOS /
V/C
Ratio
Mountain
Avenue
State Street to
Mission
Boulevard
4 / 37,400 4 / 37,400 32,170 32,440 32,380 0.86 0.87 0.87 J Street to 4th
Street 4 / 37.400 4 / 37.400 28,060 28,080 28,020 0.75 0.75 0.75 Euclid Avenue
Mission
Boulevard to
Holt
Boulevard
6 / 56,000 6 / 56,000 33,750 33,200 33,340 0.60 0.59 0.60 H Street to I
Street 6 / 56,000 4 / 37,400 27,730 27,220 27,360 0.50 0.73 0.73 Grove Avenue
Airport Drive
to Mission
Boulevard
6 / 56,000 6 / 56,000 52,210 52,510 52,420 0.93 0.94 0.94 I Street to 4th
Street 4 / 37,400 4 / 37,400 25,660 25,710 25,620 0.69 0.69 0.69 561
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Table 7: Future Year (2050) Roadway Segment LOS Results Note: Segments exceeding LOS D City threshold are bolded.

Source: Fehr & Peers, 2024.

Roadway Segment
No Project
Lanes /
Capacity
Plus Project
Lanes /
Capacity
No Project
Volume
Full Reroute
Volume
Partial
Reroute
Volume
No
Project
LOS /
V/C
Ratio
Full
Reroute
LOS /
V/C
Ratio
Partial
Reroute
LOS /
V/C
Ratio
Mountain
Avenue
State Street to
Mission
Boulevard
4 / 37,400 4 / 37,400 34,130 34,530 34,460 0.91 0.92 0.92 J Street to 4th
Street 4 / 37.400 4 / 37.400 28,510 28,370 28,300 0.76 0.76 0.76 Euclid Avenue
Mission
Boulevard to
Holt
Boulevard
6 / 56,000 6 / 56,000 42,950 42,240 42,420 0.77 0.75 0.76 H Street to I
Street 6 / 56,000 4 / 37,400 32,850 32,130 32,300 0.59 0.86 0.86 Grove Avenue
Airport Drive
to Mission
Boulevard
6 / 56,000 6 / 56,000 63,720 64,070 63,960 1.14 1.14 1.14 I Street to 4th
Street 4 / 37,400 4 / 37,400 31,100 30,920 30,820 0.83 0.83 0.82 562
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Table 8: The Ontario Plan (TOP) and Downtown Traffic Study Roadway Segment LOS Results (2050) Roadway Segment TOP
LOS / V/C Ratio
No Project
LOS / V/C Ratio
Full Reroute
LOS / V/C Ratio
Partial Reroute
LOS / V/C Ratio
Mountain Avenue
State Street to
Mission Boulevard 1.18 0.91 0.92 0.92
J Street to 4th Street 0.85 0.76 0.76 0.76
Euclid Avenue
Mission Boulevard to
Holt Boulevard - 0.77 0.75 0.76
H Street to I Street 0.70 0.59 0.86 0.86
Grove Avenue
Airport Drive to
Mission Boulevard 0.90 1.14 1.14 1.14
I Street to 4th Street 0.84 0.83 0.83 0.82
Note: Segments exceeding LOS D City threshold are bolded.

Source: Fehr & Peers, 2024.
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Conclusion
Based on our assessment of State law (SB 415), City policies, best practices, and potential impacts to adjacent truck facilities, Fehr & Peers recommends removing the truck route designation along Euclid Avenue as a first step and designating Mountain Avenue and Grove Avenue as preferred alternate routes for through trucks. Removing the truck route along Euclid Avenue reduces exposure to sensitive receptors located on Euclid Avenue, improves the quality of life for the community, supports the City’s economic revitalization of Downtown, and promotes pedestrian activity in the area by discouraging trucks from using it. This action will not eliminate access for deliveries to local businesses on Euclid Avenue. The redistribution of through trucks to Mountain Avenue and Grove Avenue will not result in significant truck traffic increases, and therefore, will esult in less than significant increases in noise and emissions compared to the no project condition.

If the City would like to further restrict trucks on Euclid Avenue, it is recommended that the City initiate conversations with Caltrans District 8 CTAP/CTP coordinators and seek guidance on how best to proceed.

564
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PGPA25-001 A GENERA L PLAN AMENDMENT TO THE ONTARIO PLAN 2050 POLICY PLAN (GENERAL

PLAN) INVOLVING THE MOBILITY, SAFETY, EN VIRONMENTAL
RESOURCES, AND PARKS & RECREATION ELEMEN TS. THE
AMENDMENT WOULD: [1] UPDATE THE MOBILITY ELEMENT TO

REVISE TRUCK ROUTE D ESIGNATIONS AND ADD E VACUATION-
RELATED POLICIES; [2 ] CONFIRM THAT EXIST ING POLICY PLAN

POLICIES SATISFY REQ UIREMENTS FOR EQUITA BLE ACCESS TO

OPEN SPACE, CLIMATE RESILIENCE, AND REWI LDING
OPPORTUNITIES; [3] UPDATE THE SAFETY ELE MENT TO
INCORPORATE THE 2023 LOCAL HAZARD MITIGATI ON PLAN AND 2024 EVACUATION ASSESSMENT, ADD EVACUATION AND EXTREME
HEAT POLICIES, AND U PDATE HAZARD MAPPING ; AND [4] UPDATE

THE ENVIRONMENTAL RE SOURCES ELEMENT TO R EFINE

IDENTIFICATION OF ENVIRONMENTAL JUSTICE AREAS AND UPDATE

THE PARKS & RECREATION ELEMEN T TO REFLECT THE ONT ARIO

SPORTS EMPIRE AND MA KING FINDINGS IN SUP PORT THEREOF - CITYWIDE. (SEE ATTAC HMENTS 1 AND 2) (PAR T OF CYCLE 2 FOR THE 2025 CALENDAR YEAR).

WHEREAS, THE CITY OF ONTARIO, has filed an Application for the approval o f a General Plan Amendment, File No. PGPA25 -001, as described in the title of this Resolution (hereinafter referred to as Application or Project); and

WHEREAS, the City of Ontario adopted the Policy Plan (General Plan) as part of the component framework f or The Ontario Plan on January 27, 2010, and issued Resolution No. 2010-004; and

WHEREAS, the City of Ontario adopted a Supplemental Environmental Impact Report (SEIR) for the General Plan Amendment for The Ontario Plan (TOP) 2050 Update on August 16, 2022, and issued Resolution No. 2022-129; and

WHEREAS, the City of Ontario has prepared a Technical Amendment (File No.

PGPA25-001) to TOP 2050 Policy Plan to maintain consistency with recent State legislation and supporting technical studies; and

WHEREAS, the Technical Amendment brings the Mobility Element into compliance with Assembly Bill 98 (AB 98) (Truck Route Planning) and AB 747 (Evacuation Assessment), including the removal of two existing truck-route segments and the addition of new evacuation-related policies M-1.7 and M-1.8; and

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WHEREAS, the Technical Amendment brings the Safety Element into compliance with AB 747 (Evacuation Assessment) and Senate Bill 2684 (Extreme Heat), through the addition of new policies S -10.1 through S -10.4 (Extreme Heat), S -8.10 (Maintaining Evacuation Routes), and S -8.11 (Regional Evacuation Coordination), and revisions to policies S-3.5, S-8.2, and S-8.9; and

WHEREAS, the Technical Amendment confirms that TOP remains consistent with Senate Bill 1425 (SB 1425) (Equitable Access and Climate Resilience) by demonstrating that existing goals and policies addressing park accessibility, natural-resource protection, and climate adaptation satisfy State requirements; and

WHEREAS, the Technical Amendment ensures compliance with SB 1000 (Environmental Justice) thr ough a focused revision to Figure ER -01, Environmental Justice Areas, which removes Census Tract 19.06 based on 2023 American Community Survey (ACS) income data and recent park investments demonstrating the tract no longer meets the criteria for a disadvantaged community area; and

WHEREAS, the Technical Amendment includes a map revision to Figure PR -01, Parks & Recreational Facilities, to depict the Ontario Sports Empire, reflecting the City’s continued investment in recreational opportunities and equitable park access; and

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

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

WHEREAS, the Project is located within the 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 ("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 October 28, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Addendum and the Project, and concluded said hearing on that date, voting to issue Resolution Nos. PC25-053 and PC25 -054, recommending the City Council approve the Application; and

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WHEREAS, as the first action on the Project on October 28, 2025, the Planning Commission recommended the City Council approve an Addendum to TOP 2050 SEIR (State Clearinghouse No. 2021070364) adopted by City Council on August 16, 2022, for File No. PGPA20-002. The Addendum finds that the proposed Project introduces no new significant environmental impacts, and all previously adopted mitigation measures are incorporated into the Project by reference; and

WHEREAS, on December 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 Resolution have occurred.

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

SECTION 1. As the decision-making 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 a nd 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 environmental impacts of this project were reviewed in conjunction with an The Ontario Plan Supplemental Environmental Impact Report — State Clearinghouse No. 2021070364 (Certified SEIR), which was certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002; and

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

(3) The City's "Local Guidelines for Implementing the California Environmental Quality Act" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and

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

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

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

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SECTION 2. Based on the Addendum, all related information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental environmental impact report is not required for the Project, as the Project:

(1) Does not constitute substantial changes to the Certified SEIR that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and

(2) Does not constitute substantial changes with respect to the circumstances under which the Certified SEIR was prepared, that will require major revisions to the Certified SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and

(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified SEIR was certified/adopted, that shows any of the following:

(a) The project will have one or more significant effects not discussed in the Certified SEIR; or

(b) Significant effects previously examined will be substantially more severe than shown in the Certified SEIR; or

(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or

(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified SEIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3. 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 O ntario 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. A s 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, includi ng [1] Safety Criteria ( ONT ALUCP Table 568
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

(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limit s future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the 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 CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. 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 California Airport Land Use Planning Handbook and the Chino ALUCP.

SECTION 4. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:

(1) The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; and

(2) The proposed General Plan Amendment would ensure continued consistency among the Policy Plan Elements and recent State mobility, safety, open space, and environmental justice requirements; and

(3) The General Plan Amendment advances the City’s long -term vision for a complete, resilient, and sustainable community consistent with TOP 2050 vision; and

(4) The proposed General Plan Amendment amends the Mobility, Safety, Environmental Resources, and Parks & Recreation Elements of the TOP 2050 Policy Plan to maintain consistency with recent State legislation and supporting technical studies, and includes corresponding map, data, and policy revisions that strengthen the City’s long-range framework for growth, resiliency, and environmental justice compliance; and

(5) Opportunities for the involvement of citizens, California Native American Indian tribes ( Government Code Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means were implemented consistent with Government Code Section 65351. 569

SECTION 5. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the proposed General Plan Amendment, as depicted i n Attachment 1 (Policy Plan Figure Revisions ) and Attachment 2 (Technical Amendment Appendix) of this Resolution.

SECTION 6. 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 employ ees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 7. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 8. The City Clerk of the City of Ontario shall certify to the adoption of the Resolution.

PASSED, APPROVED, AND ADOPTED this 2nd day of December 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 2, 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 December 2, 2025.

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
571

ATTACHMENT 1:

Policy Plan Figure Revisions

(Document to follow this page)

572
Exhibit A: MOBILITY ELEMENT FIGURE M-04 TRUCK ROUTES REVISED

573
Exhibit B: SAFETY ELEMENT FIGURE S-03 FLOOD HAZARD ZONES REVISED

574
Exhibit C: SAFETY ELEMENT FIGURE S-05 FIRE HAZARD SEVERITY ZONES

REVISED

575
Exhibit D: ENVIRONMENTAL RESOURCES FIGURE ER-01 EJ AREAS REVISED

576
Exhibit E: PARKS AND RECREATION FIGURE PR-01 P&R FACILITIES REVISED

577

ATTACHMENT 2:

Technical Amendment Appendix

(Document to follow this page)

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New Policies:

Goal S -10: Reduced exposure to extreme heat for community members, critical infrastructure, and other assets.

S-10.1: Shade Trees and Structures . We expand the planting of shade trees and the installation of shade structures on City-owned property and rights-of-way, and encourage private property owners and other agencies to take similar actions. We prioritize shade trees and structures at parking lots, transit stops, parks, community centers, and schools.

S-10.2: Heat -Resilient Infrastructure. We construct new infrastructure and retrofit existing infrastructure to remain operational during extreme heat events. We work with other public agencies and private utility companies to incorporate extreme heat resilience into their construction and retrofit activities.

S-10.3: Heat-Resilient Buildings. We work with community groups and local agencies to ins tall air conditioning and improved insulation at facilities that serve vulnerable populations, including schools, senior care centers, community centers, and medical facilities.

S-10.4: Cool Surfaces. We install cool surfaces, including parking lots, roofs, roadways, and walking paths, as part of new or substantially renovated City facilities.

S-8.10: Maintaining Evacuation Routes. When evaluating City budgets, programming, and funding opportunities, we prioritize improvements and maintenance activities to ensure roadways that are identified as evacuation routes will be serviceable during emergency events.

S-8.11: Regional Evacuation Coordination. We work with neighboring jurisdictions and County agen cies to ensure safe and effective evacuations across jurisdictional boundaries.

M-1.7: Evacuation Infrastructure. We evaluate changes to traffic signal timing, including the use of intelligent transportation system technology, and other traffic control fe atures to support effective evacuations.

M-1.8: Evacuation Support for Transit -Dependent Populations. We partner with Omnitrans, senior service centers, and other relevant agencies to provide evacuation services for people lacking access to reliable private vehicles.

Revised Policies:

S-3.5: Emergency Notifications. We maintain a public alert notification system that efficiently conveys information about imminent, developing, ongoing, and concluding emergency events and evacuation notifications to residents and visitors, working with network providers that translate information into other languages.

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S-8.2: Emergency Management Plans and Local Hazard Mitigation Plan . We maintain, update, and adopt the Emergency Operations Plan (EOP) and incorpor ate by reference the City’s Hazard Mitigation Plan (HMP) current City of Ontario Local Hazard Mitigation Plan (LHMP) into this Safety Element, as permitted by California Government Code Section 65302.6.

S-8.9: Backup Power in Critical Facilities. We require backup power be maintained in critical facilities, prioritizing facilities that can serve as evacuation centers. We encourage backup power solutions that include renewable energy components.

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Department: Building
Prepared By: James Caro
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

INTRODUCTION OF ORDINANCES ADOPTING THE 2025 CALIFORNIA BUILDING

STANDARDS CODE AND LOCAL AMENDMENTS

CITY OF ONTARIO
Agenda Report
December
2, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council take the following actions:

A
.

Introduce and waive further reading of an Ordinance amending Chapter 4 of Title 4 of the Ontario Municipal Code, adopting by reference with certain amendments, the 2025 California Fire Code and the 2024 International Fire Code;
B
.

Introduce and waive further reading of an Ordinance amending Chapters 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, and 14 of title 8 of the Ontario Municipal Code, adopting by reference the 2025 Edition of the California Building Standards Code;
C
.

Set a public hearing for January 20, 2026 regarding the proposed Ordinances.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Every three years, the California Building Standards Commission updates and adopts the California Building Standards Code, which governs building construction throughout the state. Under the California Health and Safety Code, all public agencies responsible for administering Building, Safety, and Fire Codes must comply with these state-adopted standards, and local agencies are required to adopt and enforce them accordingly. Local agencies may also adopt amendments to the State Codes based on findings relative to local geological or topographic conditions.

Fire Codes: The proposed Ordinance adopts the 2024 International Fire Code and the 2025 California Fire Code and provides for certain local amendments. These amendments are consistent 581
with other provisions that are in the current version of the City's Fire Code. The State Codes incorporate, by reference, the Model Codes published by the International Code Council (ICC).

California Building Standards Code: The proposed Ordinance adopts the 2025 California Building Standards Code and related codes (Codes) and includes a couple of amendments that are a function of Ontario's geography and energy concerns.

The amendments include:

The design criteria for all structures built within the city is 110 MPH winds, Exposure C, seismic zone D;
Because of our proximity to the San Andreas fault, all underground pipe, conduit, and lines will be shaded with cleaned dirt void of any rocks or clean sand, six inches below and twelve inches above said pipe, conduit, or line. All electrical metal conduit will need a ground conductor, the metal conduit will not act as the ground conductor;
Retro-fit windows will need a building permit and will need to follow 2025 standards for emergency egress; and
All walls over 3 ft (36 inches) will need a building permit, and all retaining walls over 2 ft (24 inches) will need a building permit. Like ourselves increase the requirements mostly for energy conservation but also for geographical reasons like earthquakes, etc.

The proposed amendments to the Codes are substantially equivalent to changes or modifications enacted by the City of Ontario, and which were previously filed with the California Building Standards Commission and in effect as of September 30, 2025 and/or relate to home hardening.

Adoption of the new version of the Building and Fire Codes will provide for proper construction guidelines for the health and safety of occupants and energy conservation.

Staff recommends amendments to the Codes based upon certain local conditions to ensure compliance with State mandates, to assure that Ontario's Codes continue to address the latest technological advances, and to provide for the use of companion Fire and Building Codes. 582
ORDINANCE NO _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE; ADOPTING BY REFERENCE WITH CERTAIN

AMENDMENTS, ADDITIONS, DELETIONS, AND CHANGES THERETO,
THE 2025 CALIFORNIA FIRE CODE AND THE 2024 INTERNATIONAL FIRE CODE.

WHEREAS, pursuant to Government Code Section 50022.1, et seq., the City of Ontario, California ("City") may adopt by referen ce the 202 5 edition of the California Building Standards Code as provided in Title 24 of the California Code of Regulations; and

WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 authorize cities to adopt the California Building Stan dards Code with modifications that are determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, prior to making modifications permitted under California Health and Safety Code Sections 17958.7 and 18941.5, the City Council is required to make express findings that such modifications are needed in accordance with California Health and Safety Code Sections 17958.7; and
WHEREAS, the City held a public hearing on January 20, 2026, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and

WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on January 20, 2026; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds that the following pr oposed amendments to the 2025 California Fire Code and the 2024 International Fire Code are:
(a) necessary because of local climatic, geological, or topographical conditions, (b) are of an administrative or procedural nature, and/or do not modify building standards and are reasonably necessary to safeguard life and property within the City,
(c) are substantially equivalent to changes or modifications enacted by the City of Ontario, and which were previously filed with the California Building Standards Commission and in effect as of September 30, 2025; and
583
(d) relate to home hardening.

Amendment Applicable Findings from Listing Below
Sections 102.7, 103.1, 103.2, 104.1,
104.1.1, 104.2.2.4, 104.8, 104.8.1, 104.10,
104.11.2,113.4, 114,
D-1, D-2
Section 305.2 A-1, B-1, B-2, C-1, C-2, C-3, D-2
Sections 503.2.1,503.2.3, 503.4, 503.4.2, D-2
Sections 506.1, 507.5.1, 507.5.1.2 A-1, B-1, B-2, C-1, C-2, C -3 Sections 5704.2.9.6.1, 5706.2.4.4, 5806.2,
6104.2
D-2
Sections 903.3.1.3, 903.4.2.1 D-2
Sections 2808.1, 2808.3, 2808.4, 2808.5,
2808.10
C-1, C-2, C-3 & C-4
Appendix B Section B105.2 A-1, B-2, B-3, B-4 & B-5

A. Local Geological Conditions.

A-1. The City of Ontario is subject to moderately strong to severe shaking and surface ruptures resulting from five earthquake faults located within or near the City.

These local earthquake faults have the potential to cause severe personal and property damage and fire hazards. Moreover, there is also a potential for damage to roadways, water supplies, and the impairment of acces s allowing fire equipment to respond to emergencies in the event of a severe earthquake.

A-2. Adverse geological conditions exist in portions of the City that may cause excessive flooding. Flood control facilities are not adequate to handle the water flow that occurs during major storms or prolonged rains. Some of the streets in the City are actually designed and used for flood control purposes, thus making the fire and emergency access difficult during flood conditions. As a consequence, many of the streets within the City are impaired during such flood conditions and such flooding causes physical damage to the streets and the accumulation of debris, all of which hinder access to fire equipment for the purposes of responding to fire and other emergencies.

B. Local Topographical Conditions.

B-1. The topography of the City of Ontario is generally that of a gently sloping inclined plane that slopes in a southerly direction from an elevation of 1,190 feet to an elevation of 730 feet at the southern boundary of the City resulting in several water pressure zones to serve the City. The elevation changes caused by the mountains and 584
hills creates the geological foundation upon which the City is built and will continue to build.

B-2. Located within the City are three major interstate freeways and a major state highway that provide for limited under crossing access points to traverse the City.

These highways also restrict the ability of the water supply grid to provide water from multiple points to all areas of the City and necessitates the use of dead- end water mains to many areas adjacent to highways.

B-3. The City is bisected from east to west by two very active railroad main route tracks used by the Southern Pacific and Union Pacific Railroads. These lines are used for both commuter and large freight transport trains, including the transporting of large quantities of hazardous materials. Limited under-crossings and overcrossings exist within the City for uninterrupted emergency vehicle passage. Moreover, emergency vehicles are routinely delayed at grade crossings until passenger trains or passing freight trains clear the grade crossings.

B-4. Two large petroleum product pipelines bisect the City along the Southern Pacific Railroad right -of-way. The pipelines are used to transport large quantities of gasoline, diesel fuel, and jet fuels under high pressures. Another petroleum pipeline intersects the City along the east side en -route to the Etiwanda electrical generating station north and east of the City. While general ly underground, these pipelines pass overhead at several overpasses located over main thoroughfares in the City. Damage to these pipelines during seismic events poses the dual potential of creating a time emergency and at the same time restricting emergenc y vehicle access within the City.

B-5. Two large, high pressure, natural gas transmission pipelines traverse the easterly part of the City, along the 1-15 Freeway and on the west side along Benson Avenue. These 36" transmission mains transport natural gas at pressures exceeding 500 psi and pass through developed residential and industrial areas. These transmission pipelines also intersect the previously mentioned petroleum pipelines. Interruption of these pipelines due to flooding or seismic events is possible and would result in reduced resources to protect the balance of the City.

B-6. A large commercial airport is located within the central portion of the City providing limited emergency vehicle access from the north to the south- central portions of the City. A majority of the City is located within the approach and/or departure paths of large commercial aircraft exposing a large part of the City to potential aircraft related emergencies. Moreover, Santa Ana Winds frequently require the flight paths of arriving and departing aircraft to be reversed.

C. Local Climatic Conditions.

C-1. The City is subject to extremely strong winds, commonly referred to as "Santa Ana Winds," which can reach speeds in excess of 80 miles per hour and approach the basin from the desert via the Devore Pass. Extensive damage often occurs during such winds, including downed electric wires, downed utility and light poles, fallen trees, 585
blowing debris, sand, and dust. Blowing dust experienced during these winds has reduced visibility near zero and impacted the response times of emergency vehicles.

C-2. During the summer months, the Santa Ana Winds produce a period of extremely low humidity causing an increase in the threat of fire from dry vegetation and other common fuels. These conditions have, in the past, resulted in vegetation and structure fires.

C-3. The City experiences summer temperatures in excess of 100 degrees Fahrenheit. When coupled with severe Santa Ana Winds these conditions can cause a fire to spread quickly throughout portions of the City.

C-4. Weather conditions, coupled with flammable veg etation in bordering cities results in numerous wildland rims, which draw existing fire fighting forces from their structure protection duties for extended periods of time. This results in increased response times to structure fires when fire department pe rsonnel and equipment are committed to nonstructural fire protection activities.

D. Administrative/Procedural/Public Safety Amendments.

D-1. This amendment is necessary for administrative or procedural clarification and to establish administrative standards for the effective enforcement or the building standards of the City of Ontario and does not modify a building standard pursuant to California Health & Safety Code sections 17958, 17958.7, and/or 18941.5.

D-2. This amendment does not modify a building stan dard pursuant to California Health and Safety Code sections 17958, 17958.7, and/or 18941.5 and is reasonably necessary to safeguard life and property within the City of Ontario.

SECTION 2. Chapter 4 of Title 4 of the Ontario Municipal Code is hereby rewritten in its entirety to read as follows:

Chapter 4: Fire Code
Sections:
4-4.01 Adoption of California Fire Code and the International Fire Code 4-4.02 Amendments to the California Fire Code (CFC) and International Fire Code (IFC)
4-4.03 Amendment: Referenced codes and standards
4-4.04 Amendment: Code Compliance Agency
4-4.05 Amendment: Appointment
4-4.06 Adopted by Reference: General
4-4.07 Added: Citations
4-4.08 Adopted by Reference: Determination of compliance 4-4.09 Adopted by Reference: Listed compliance
4-4.10 Adopted by Reference: Technical assistance
4-4.11 Adopted by Reference: Cost
4-4.12 Adopted by Reference: Preparer qualifications
4-4.13 Adopted by Reference: Content
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4-4.14 Adopted by Reference: Tests
4-4.15 Adopted by Reference: Approval authority
4-4.16 Adopted by Reference: Modifications
4-4.17 Adopted by Reference: Applications and permits
4-4.18 Adopted by Reference: Right of entry
4-4.19 Adopted by Reference: Warrant

4.4.20 Amendment: Liability and legal defense
4-4.21 Adopted by Reference: Approved materials and equipment 4-4.22 Amendment: Fire Investigations
4-4.23 Adopted by Reference: Assistance from other agencies 4-4.24 Adopted by Reference: Fire authority at fires and other emergencies 4-4.25 Amendment: Obstructing operations
4-4.26 Amendment: Cost recovery
4-4.27 Adopted by Reference: Time limitation of application 4-4.28 Adopted by Reference: Extensions
4-4.29 Adopted by Reference: Hazardous materials
4-4.30 Adopted by Reference: Open burning
4-4.31 Addition: Pallets
4-4.32 Adopted by Reference: Automatic sprinkler systems 4-4.33 Adopted by Reference: Private fire hydrants
4-4.34 Adopted by Reference: Smoke control or smoke exhaust systems 4-4.35 Adopted by Reference: Special event structure
4-4.36 Adopted by Reference: Spraying or dipping
4-4.37 Adopted by Reference: Standpipe systems
4-4.38 Adopted by Reference: Temporary membrane structures and tents 4-4.39 Adopted by Reference: Construction documents
4-4.40 Addition: Expedited or after-hour plan review and inspection request 4-4.41 Adopted by Reference: Work commencing before permit issuance 4-4.42 Adopted by Reference: Maintenance
4-4.43 Adopted by Reference: Service utilities
4-4.44 Amendment: Board of Appeals
4-4.45 Adopted by Reference: Violations
4-4.46 Amendment: Violation penalties
4-4.47 Amendment: Failure to comply
4-4.48 Adopted by Reference: Ignition sources
4-4.49 Amendment: Hot ashes and spontaneous ignition sources 4-4.50 Adopted by Reference and Amendm ent: Open burning, recreational fires and portable outdoor fireplaces
4-4.51 Adopted by Reference: Vacant premises
4-4.52 Reserved
4-4.53 Adopted by Reference: Fire apparatus access roads 4-4.54 Amendment: Dimensions
4-4.55 Amendment: Surface
4-4.56 Amendment: Obstruction of fire apparatus access roads 4-4.57 Added: Emergency fire lane
4-4.58 Amendment: Where required
4-4.59 Amendment: Required water supply
4-4.60 Added: Two points of connection
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4-4.61 Adopted by Reference: Emergency responder communi cations enhancement system in existing buildings

4.4-62 Amendment: NFPA 13D sprinkler systems
4-4.63 Addition: Remote annunciation
4-4.64 Adopted by Reference: Monitoring
4-4.65 Adopted by Reference: Emergency responder communications enhancement in existing buildings
4-4.66 Amendment: General
4-4.67 Amendment: Size of piles
4-4.68 Amendment: Combustible waste
4-4.69 Amendment: Emergency plan
4-4.70 Amendment: Appendix B Table B105.2 – Required Fire Flow for Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhomes
4-4.71 Amendment: Establishment of the limits of districts in which storage of flammable or combustible Class I and Class II liquids in outside unprotected aboveground tanks is prohibited
4-4.72 Amendment: Establishment of the limits of districts in which stationary containers of flammable cryogenic fluids are prohibited 4-4.73 Amendment: Establishment of the limits in which storage of liquefied petroleum gases is restricted for the protection of heavily populated or congested areas
4-4.74 Administrative fine

Section 4-4.01. Adoption of the California Fire Code and the International Fire Code.

The City Council of the City of Ontario hereby adopts by reference with certain amendments, additions, deletions and exceptions, the 2025 California Fire Code with errata, incorporating therein the 2024 International Fire Code, also referred to as Part 9 of Title 24 of the California Code of Regulations, including the following sections in the CFC (not adop ted by the state agency): 103.1, 103.2, 104.1, 104.1.1, 104.2, 104.2.1, 104.2.2, 104.2.2.1, 104.2.2.2, 104.2.2.3, 104.2.2.4, 104.2.3.1, 104.2.4, 104.4, 104.4.1, 104.9, 104.10, 104.10.1, 104.11, 104.11.2, 104.12, 105.2.3, 105.3.2, 105.5.22, 105.5.36, 105.5.60, 105.6.2, 106 in its entirety, 108.2.1, 108.4, 110 in its entirety, 111.1, 112.1, 113 in its entirety, 305 in its entirety, 307.1, 311, 503 in its entirety, 506.1, 507.5.1.2, 510.2, 903.4.2.1, 904.3.5, 1103.2, Appendices B, C, D, E, F, G, M, N, and P , as published by the International Code Council and adopted by the California State Building Standards Commission, (hereinafter also "this Code", “Fire Code, ” “ CFC”, or the "Ontario Fire Code",) for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion.

Section 4-4.02. Amendments to the 2025 California Fire Code (CFC) and 2024 International Fire Code (IFC).

1. Designated portions of the 2025 California Fire Code (CFC) and 2024 International Fire Code (IFC) are amended, added and changed as set forth in §§ 4-4.04 through 4-4.74.

Section 4-4.03. Amendment: Referenced codes and standards. 588
Section 102.7 of the CFC is amended to read as follows:

1. "102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this Code to the prescribed extent of each such reference and as further regulated by Sections 102.7.1 and 102.7.2.

The Fire Chief also herby authorizes the use of the Ontario Fire Department Fire Protection Standards for the purposes of interpreting and clarifying requirements of this Code and its referenced codes and standards."
Section 4-4.04. Amendment: Code Compliance Agency.

Section 103.1 of the CFC is amended to read as follows:

1. “103.1 Creation of agency. The Code as adopted and amended herein shall be enforced by the Fire Marshal of the Bureau of Fire Prevention of the Fire Department of the City of Ontario who shall be known as the fire code official and the Bureau shall operate under the supervision of the Chief of the Fire Department.” Section 4-4.05. Amendment: Appointment.

Section 103.2 of the CFC is amended to read as follows:

1. “103.2 Appointment. The Fire Marshal shall be responsible for operating the Bureau of Fire Prevention and shall be appointed by the Fire Chief on the basis of examination to determine his or her qualifications.” Section 4-4.06. Adopted by Reference: General.

Section 104.1 of the CFC is adopted by reference and reads as follows:

1. “104.1 General. The fire code official is hereby authorized to enforce the provisions of this code.”
Section 4-4.07. Added: Citations.

Section 104.1.1 is added to the CFC to read as follows:

1. “104.1.1. Citations. The fire code official and his or her designee are authorized to issue a citation to persons operating or maintaining an occupancy, premises, or vehicle subject to this Code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so.”
Section 4-4.08. Adopted by Reference: Determination of compliance.

Section 104.2 of the CFC is adopted by reference and reads as follows:

1. “104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt po licies and procedures in order to clarify the application of its provisions.

Such interpretations, policies and procedures:

1. Shall be in compliance with the intent and purpose of this code. 589

2. Shall not have the effect of waiving requirements specifically provided for in this code.”
Section 4-4.9. Adopted by Reference: Listed compliance.

Section 104.2.1 of the CFC is adopted by reference and reads as follows:

1. “104.2.1 Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer ’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the fire code official.”
Section 4-4.10. Adopted by Reference: Technical assistance.

Section 104.2.2 of the CFC is adopted by reference and reads as follows:

1. “104.2.2 Technical assistance. To determine compliance with this code, the fire code official is authorized to require the owner or owner’s authorized agent to provide a technical opinion and report.”

Section 4-4.11. Adopted by Reference: Cost.

Section 104.2.2.1 of the CFC is adopted by reference and reads as follows:

1. “104.2.2.1 Cost. A technical opinion and report shall be provided without charge to the jurisdiction.”

Section 4-4.12. Adopted by Reference: Preparer qualifications.

Section 104.2.2.2 of the CFC is adopted by reference and reads as follows:

1. “104.2.2.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the fire code official. The fire code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.”

Section 4-4.13. Adopted by Reference: Content.

Section 104.2.2.3 of the CFC is adopted by reference and reads as follows:

1. “104.2.2.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations.”
Section 4-4.14. Adopted by Reference: Tests.

Section 104.2.2.4 of the CFC is adopted by reference and reads as follows:
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1. “104.2.2.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the fire code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the fire code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the fire code official.”
Section 4-4.15. Adopted by Reference: Approval authority.

Section 104.2.3.1 of the CFC is adopted by reference and reads as follows:

1. “104.2.3.1 Approval authority . An alternative material, design or method of construction shall be approved where the fire code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.3.2 through 104.2.3.7, as applicable.”
Section 4-4.16. Adopted by Reference: Modifications.

Section 104.2.4 of the CFC is adopted by reference and reads as follows:

1. “104.2.4 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications in accordance with Section 104.2.4.1 or 104.2.4.2.” Section 4-4.17. Adopted by Reference: Applications and permits.

Section 104.3 of the CFC is adopted by reference and reads as follows:

1. “104.3. Applications and permits. The fire code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.”
Section 4-4.18. Adopted by Reference: Right of entry.

Section 104.4 of the CFC is adopted by reference and reads as follows:

1. “104.4 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the fire code official has reasonable cause to believe that there exists in a structure or on any premises a condition that is contrary to or in violation of this code that makes the structure or premises unsafe, dangerous or hazardous, the fire code official is authorized to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed on the fire code offici al by this code. If such structure or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the fire code official shall first make a reasonable effort to loca te the owner, the owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the fire code official shall have recourse to every remedy provided by law to secure entry.”
Section 4-4.19. Adopted by Reference: Warrant.

Section 104.4.1 of the CFC is adopted by reference and reads as follows:
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1. “104.4.1 Warrant. Where the fire code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner’s authorized agent, occupant or person having charge, care or control of the structure or pr emises shall not fail or neglect, after a proper request is made as herein provided, to permit entry therein by the fire code official for the purposes of inspection and examination pursuant to this code.”
Section 4-4.20. Amendment: Liability and legal defense.

Section 104.8 and 104.8.1 of the CFC is amended to read as follows:

1. “104.8 Liability and legal defense. The Fire Chief and other individuals charged by the Fire Chief with the enforcement of this Code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties. Any suit brought against the Fire Chief or such individuals because of such act or omission performed in the enforcement of any provision of such Code or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by the City of Ontario until final termination of such proceedings, and any judgment resulting there from shall be assumed by the City subject to the provisions of Government Code Section 825.” Section 4-4.21. Adopted by Reference: Approved materials and equipment.

Section 104.9 of the CFC is adopted by reference and reads as follows:

1. “104.9 Approved materials and equipment. Materials, equipment and devices approved by the fire code official shall be constructed and installed in accordance with such approval.”
Section 4-4.22. Amendment: Fire Investigations.

Section 104.10 of the CFC is amended to read as follows:

1. “104.10 Fire Investigations. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law. Fire Investigators shall have the powers of a police officer in performing their duties under this code.”
Section 4-4.23. Adopted by Reference: Assistance from other agencies.

Section 104.10.1 of the CFC is adopted by reference and reads as follows:

1. “104.10.1 Assistance from other agencies. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.

Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law.” Section 4-4.24. Adopted by Reference: Fire authority at fires and other emergencies. 592
Section 104.11 of the CFC is adopted by reference and reads as follows:

1. “104.11 Fire authority at fires and other emergencies. The Fire Chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue op eration, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that could impede or interfere with the operations of the fire depart ment and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.” Section 4-4.25. Amendment: Obstructing operations.

Section 104.11.2 of the CFC is amended to read as follows:

1. “104.11.2 Obstructing operations. The Fire Chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.” Section 4-4.26. Amendment: Cost recovery.

Section 104.12 of the CFC is amended to read as follows:

1. “104.12 Cost recovery. To the extent consistent with state law, the City may obtain reimbursement as follows:
(a) Expense for responding to and securing an emergency. (1) Fire suppression, investigation and rescue or emergency medical costs shall be recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.
(i) The date, time and place of the hearing to be held on the claim for reimbursement with a statement describing the rights of the person or entity charged and the procedures for presenting evidence at said hearing; and (ii) The Fire Chief's account of the sum claimed to be due. (2) Any person or entity who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of responding, securing and investigating such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the Fire Department for responding to, securing, or investigating such an emergency situation shall constitute a debt of the person or entity responsible and shall be subject to collection by the City in the same manner as an obligation under contract, expressed or implied.
593
(3) The expense of responding to, securing and investigating any emergency or hazard which is the result of a violation of this Code or any other code, ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions by the Fire Department shall be a c harge against the person(s) or entity whose violation caused the emergency and/or damage. Damages caused by such emergency or action may constitute a debt of such person(s) or entity responsible and shall be collectible as provided below:
(i) Liability for hazardous activities and conditions. The Fire Chief may also impose the reasonable cost of fire prevention, fire suppression, incident investigation and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:
(A) The manufacture, transportation, storage,
handling, o f spilling, of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents as defined in this Code. (B) The failure to correct a hazardous condition for
which a "Notice of Violation," or equivalent notice, has been previously given by the Fire Chief.
(C) The use of welding equipment, cutting torches, tar pot, or other open flame devices.
(D) Permitting or causing the accumulation of
hazardous or flammable materials on property.
(E) Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation.
(F) The possession of, or causing illegal fireworks,
explosive devices or destructive devices to ignite, explode or detonate. (G) Creating, allowing, or maintaining a hazard as
stated in CFC Section 113.2.
(ii) Determination of costs. Whenever the Fire Chief
determines that the fire department or other public agency has incurred costs for fire suppression, fire prevention, or protection of the public from a fire or other hazardous condition that results from the activities or conditions described in subsection (a), the Fire Chief shall:
(A) Calculate the costs incurred;
(B) Identify the person(s) or entity to be charged for those costs; and
(C) Send a report with this information to the City
Clerk.
(iii) Method of calculation. In determining costs to be charged a responsible person or entity, the Fire Chief shall include all necessary expenditures to correct the hazardous condition or extinguish the fire, including, but not limited to the following:
594
(A) The cost of personnel;
(B) The cost of extinguishing agents;
(C) The reasonable value of the use of City
equipment;
(D) The cost incurred for the use of any private
contractors to mitigate or remove the hazard or condition; and (E) Any and all administrative costs incurred pursuant to the fee schedule as set by resolution duly adopted by the City Council. (iv) Reimbursement hearing. The City shall, there upon, set the report and account received by the Fire Chief for hearing before the City Council at a regular or adjourned regular meeting to be held at least fourteen (14) calendar days after the date the City mails the notice to the responsible person(s) or entity. The City shall send by regular mail a notice of said hearing to the person or entity to be charged at the person's or entity's address as shown on the latest equ alized tax assessor's roll, or as otherwise known to the City.
(v) Notice to person charged. The notice sent by the City to the responsible person(s) or entity shall contain:
(A) The name of the person(s) or entity sought t o be charged;
(B) The location, date and time of the incident upon
which the claim for reimbursement is based;
(C) The amount of, and the basis upon which the
claim for reimbursement is made.
(vi) Procedure for hearing before the City Council. At the hearing on the Fire Chief's accounting of the costs and other evidence upon which reimbursement is sought, the City Council shall hear and consider evidence by the person or entity against which reimbursement is sought. The City Council shall thereafter confirm or disallow the account, all or in part, and set forth in a resolution the amount of the account confirmed, if any. Thereafter, any amount confirmed by resolution of the City Council shall become a debt ow ing to the City of Ontario and shall be collectible by the City in the same manner as in the case of an obligation under contract expressed or implied.
(b) Service fees.
(1) Permit fees. Any person, establishment, business, occupancy, or process requiring any permit or utilizing any special service or activity performed by or under the direction of the Fire Department shall compensate the City for the cost of such service or activity, in accordance with the adopted fee and charge schedule and any departmental policy.
(2) Service fee refunds. The Fire Chief is authorized to refund any fee paid hereunder which is determined to be erroneously paid or collected. 595
(i) The Fire Chief is authorized to refund eighty percent (80%) of the service fee paid when the permittee has performed no work nor commenced an operation for which a permit was issued in accordance with this chapter. (ii) The Fire Chief is authorized to refund eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is completed. (iii) The Fire Chief shall not authorize the refund of any fee paid except upon written ap plication filed by the original permittee not later than one hundred eighty (180) days after the date the fee was paid. Such written application shall state the reasons for the refund request and be accompanied with a receipt of payment.

Section 4-4.27. Adopted by Reference: Time limitation of application.

Section 105.2.3 of the CFC is adopted by reference and reads as follows:

1. “105.2.3 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.” Section 4-4.28. Adopted by Reference: Extensions.

Section 105.3.2 of the CFC is adopted by reference and reads as follows:

1. “105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this s ection for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.”
Section 4-4.29. Adopted by Reference: Hazardous materials.

Section 105.5.22 of the CFC is adopted by reference and reads as follows:

1. “105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22.

Section 4-4.30. Adopted by Reference: Open burning.

Section 105.5.36 of the CFC is adopted by reference and reads as follows:

1. “105.5.36 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.

Exception: Recreational fires.”
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Section. 4-4.31. Addition: Pallets.

Section 105.5.60 is added to the CFC to read as follows:

1. “105.5.60 Pallets. An operational permit is required for idle storage, handling, repair or manufacturing of combustible pallets in excess of one thousand (1,000) units at any one site.”
Section. 4-4.32. Adopted by Reference: Automatic sprinkler systems.

Section 105.6.2 of the CFC is adopted by reference and reads as follows:

1. “105.6.2 Automatic sprinkler systems. A construction permit is required for installation of or modification to an automatic sprinkler system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.”
Section 4-4.33. Adopted by Reference: Private fire hydrants.

Section 105.6.19 of the CFC is amended and reads as follows:

1. “105.6.19 Private fire hydrants. A construction permit is required for the installation or modification of private fire hydrants. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.”
Section 4-4.34. Adopted by Reference: Smoke control or smoke exhaust systems.

Section 105.6.20 of the CFC is adopted by reference and reads as follows:

1. “105.6.20 Smoke control or smoke exhaust systems. Construction permits are required for installation of or alteration to smoke control or smoke exhaust systems. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a permit.”
Section 4-4.35. Adopted by Reference: Special event structure.

Section 105.6.22 of the CFC is adopted by reference and reads as follows:

1. “105.6.22 Special event structure. A single construction permit is required to erect and take down a temporary special event structure in accordance with Section 105.5.51.”

Section 4-4.36. Adopted by Reference: Spraying or dipping.

Section 105.6.23 of the CFC is adopted by reference and reads as follows:

1. “105.6.23 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. 597
Section 4-4.37. Adopted by Reference: Standpipe systems.

Section 105.6.24 of the CFC is adopted by reference and reads as follows:

1. “105.6.24 Standpipe systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.”
Section 4-4.38. Adopted by Reference: Temporary membrane structures and tents.

Section 105.6.25 of the CFC is adopted by reference and reads as follows:

1. “105.6.25 Temporary membrane structures and tents. A construction permit is required to erect an air-supported temporary membrane structure, a temporary special event structure or a tent in accordance with Section 105.5.51.” Section 4-4.39. Adopted by Reference: Construction documents.

Section 106 of the CFC is adopted by reference in its entirety.

Section 4-4.40. Addition: Expedited or after-hour plan review and inspection request.

Section 108.2.1 is added to the CFC to read as follows:

1. “108.2.1 Expedited or after -hour plan review and inspection requests. At the discretion of the Fire Marshal, the Fire Prevention Bureau may make an emergency inspection, complete plan review, or perform inspection services during other than normal working hours upon the request of the applicant and subject to availability.

The charge for expedited or after -hour plan review and inspect ion services shall be set by fee resolution of the City Council. Such service for each hour or any portion thereof, shall be in addition to any other fees that may have been paid or are due. Service for plan review requests require a minimum of one hour se rvice charge, and inspection requests require a minimum two-hour service charge. “
Section 4-4.41. Adopted by Reference: Work commencing before permit issuance.

Section 108.4 of the CFC is adopted by reference and reads as follows:

1. “Section 108.4 Work commencing before permit issuance. A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees.” Section 4-4.42. Adopted by Reference: Maintenance.

Section 110 of the CFC is adopted by reference in its entirety.

Section 4-4.43. Adopted by Reference: Service utilities.

Section 111.1 of the CFC is adopted by reference and reads as follows:

1. “111.1 Service utilities. The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner ’s 598
authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking s uch action. If not notified prior to disconnection, then the owner, the owner ’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.” Section 4-4.44. Amendment: Board of Appeals.

Section 112.1 of the CFC is amended to read as follows:

1. “112.1 Board of Appeals. The City Council of the City of Ontario may hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, pursuant to Chapter 4 of Title 1 of the City of Ontario Municipal Code. An application for appeal shall be submitted in writing, in a timely manner, and shall be based on a claim that the intent of this code or the rules, standards and interpretations adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The Council shall have no authority to waive requirements of this Code. The City Council shall set the matter for hearing and shall give written notice to the appellant. The fire code official shall act as staff in advising the City Council during such hearing. A written copy of the decision shall be mailed t o the concerned parties after the conclusion of such proceedings.” Section 4-4.45. Adopted by Reference: Violations
Section 113 is added to the CFC in its entirety with amendments.

Section 4-4.46. Amendment: Violation penalties.

Section113.4 of the CFC is amended to read as follows:

1. “113.4 Violation penalties. Any person who violates any provision of the Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction or a misdemeanor, punishable as set fort h in Chapter 2 of Title 1 of the Ontario Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a prohibited condition is maintained shall constitute a separate offense. The application of this penalty shall not be held to prevent the enforced removal of prohibited conditions.”
Section 4-4.47. Amendment: Failure to comply.

Section 114.4 of the CFC is amended to read as follows:

1. “114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except that work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a 599
misdemeanor, punishable as set forth in Chapter 2 of Title 1 of the Ontario Municipal Code. Each day that any work is done under a stop work order shall constitute a separate offense.”
Section. 4-4.48. Adopted by Reference: Ignition sources.

Section 305 is added to the CFC in i ts entirety, with the following amendment to Section 305.2 of the CFC as described in Section 4-4.49.

Section 4-4.49. Amendment: Hot ashes and spontaneous ignition sources.

Section 305.2 of the CFC is amended to read as follows:

1. “305.2 Hot ashe s and spontaneous ignition sources. hot ashes, cinders or smoldering coals kept indoors shall be on a non-combustible surface, under a listed minimum Type II ventilation hood that meets the currently adopted California Mechanical Code requirements. Disposa l of hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall be deposited in a covered, noncombustible receptacle and placed on a noncombustible floor, ground surface or stand a minimum of 10 feet from any structure or vehicle.” Section 4-4.50. Adopted by Reference and Amendment: Open burning, recreational fires and portable outdoor fireplaces.

Section 307.1 of the CFC is adopted in its entirety, with the following amendment to Section 307.1 of the CFC as follows:

1. “307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducte d and approved in accordance with Sections 307.1.1 through 307.5.”
Section 4-4.51. Adopted by Reference: Vacant premises.

Section 311 of the CFC is adopted by reference in its entirety.

Section 4-4.52. Reserved.

Section 4-4.53. Adopted by reference: Fire apparatus access roads.

Section 503 is added to the CFC in its entirety.

Section 4-4.54. Amendment: Dimensions.

Section 503.2.1 of the CFC is amended to read as follows:

1. “503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders or curbs, except for approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where a fire hydrant or f ire hydrants are located on a fire apparatus access road, the access road shall be at least 26 feet in width.

Where fire apparatus access roads are in the immediate vicinity of buildings greater than 30 feet in height, access shall be at least 26 feet in width.” 600
Section 4-4.55. Amendment: Surface.

Section 503.2.3 of the CFC is amended to read as follows:

1. “503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus of weighing not less than 75,000 pounds. Roads shall be engineered and surfaced so as to provide all -weather driving capabilities.

Section 4-4.56. Amendment: Obstruction of fire apparatus access roads.

Section 503.4 of the CFC is amended to read as follows:

1. “503.4 Obstruction of fire apparatus access roads. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Access roads, private roadways and public roadways shall be provided and maintained in a passable condition at all times. Any obstruction or impediment to reasonable access may be removed by any public safety agency with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.”

Section 4-4.57. Added: Emergency fire lane.

Section 503.4.2 is added to the CFC to read as follows:

1. “503.4.2 Emergency fire lane. For a special event or circumstance requiring a temporary street clo sure, the fire code official may approve an unobstructed width of not less than 12 feet.”
Section 4-4.58. Amendment: Where required.

Section 506.1 of the CFC is amended to read as follows:

1. “506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a Knox key box and/or key switch to be installed in an approved location. The Knox key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official.” Section 4-4.59. Amendment: Required water supply.

Section 507.5.1 of the CFC is amended to read as follows:

1. “507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the City is more than 350 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Public or private fire hydrants shall be spaced a maximum of 350 feet apart.”
Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903, 601
the distance requirement of a private or public fire hydrant shall be spaced no more than 500 feet apart.

Section 4-4.60. Added: Two points of connection.

Section 507.5.1.2 of the CFC is added to read as follows:

1. “507.5.1.2 Redundant water supplies. New on -site fire protection water systems that serve buildin gs greater than 100,000 square feet in floor area shall have two separate remote connections to the public water system designed and constructed in accordance with recognized standards. The locations of such water connections shall be approved by the fire code official. The fire code official can exempt the two points of connection.”
Section 4-4.61. Adopted by Reference: Emergency responder communications enhancement system in existing buildings.

Section 510.2 of the CFC is adopted by reference and reads as follows:

1. “510.2 Emergency responder communications enhancement system in existing buildings. Existing buildings shall be provided with approved in-building emergency responder communications enhancement system for emergency responders as required in Chapter 11 by the fire code official.”
Section 4-4.62. Amendment: NFPA 13D sprinkler systems.

Section 903.3.1.3 of the CFC is amended to read as follows:

1. “903.3.1.3 NFPA 13D sprinkler systems. NFPA 13D fire sprinkler systems installed in one- and two-family dwellings; Group R -3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80 and to include a passive purge system design to protect the City’s drinking water supply.”
Section 4-4.63 Addition: Remote annunciation.

Section 903.4.2.1 of the CFC is added to read as follows:

1. “903.4.2.1 A dedicated fire alarm control unit for the fire sprinkler monitoring system shall be provided and located in an approved location, near the main entrance into the building for fire department use. An approved remote annunciator may be installed at the approved location in lieu of the fire alarm control unit. Zone indication on the remote annunciator may be required by the fire code official.

Section 4-4.64. Adopted by Reference: Monitoring.

Section 904.3.5 of the CFC is adopted by reference and reads as follows:

1. “904.3.5 When a building fire alarm system or sprinkler monitoring system is installed, automatic fire - extinguishing systems shall be monitored by the building's fire alarm control unit in accordance with NFPA 72.

Section 4-4.65. Adopted by reference: Emergency responder communications enhancement in existing buildings.
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Section 1103.2 of the CFC is adopted by reference and reads as follows:

1. “1103.2 Emergency responder communications enhancement in existing buildings. Existing buildings other than Group R-3 that do not have approved in- building emergency response communications enhancement for emergency responders in the building based on existing coverage levels of the public safety communication systems, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception 1.

2. Within a timeframe established by the adopting authority.

Exception: Where it is determined by the fire code official that the in-building emergency responder communications enhancement system is not needed.”

Section 4-4.66. Amendment: General.

Section 2808.1 of the CFC is amended to read as follows:

1. “2808.1 General. The storage and processing of wood chips, hogged materials, fines, compost, solid biomass feedstock, and raw product produced from yard waste, debris, argo industrial, recycling, and green waste processing facilities shall comply with Sections 2808.2 through 2808.10.”

Section 4-4.67. Amendment: Size of piles.

Section 2808.3 of the CFC is amended to read as follows:

1. “2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 250 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased when in accordance with section 2808.3.1.”
Section 4-4.68. Amendment: Combustible waste.

Section 2808.5 of the CFC is amended to read as follows:

1. “2808.5 Combustible waste. The storage, accumulation and handling of combustible materials and control of vegetation shall comply with Chapter 3. All incoming materials shall be ground or incorporated within 10 days. All incoming materials shall be incorporated into windows within 15 days. Internal temperatures of stockpiles shall be continuously monitored.”
Section 4-4.69. Amendment: Emergency plan.

Section 2808.10 of the CFC is amended to read as follows:

1. “2808.10 Emergency plan. The owner or operator shall develop a plan for monitoring, controlling and extinguishing spot fires and submit the plan to the Ontario Fire Department Fire Prevention Bureau for review and approval. The plan shall include, but not be limited to methods and policies for:

1. Monitoring, controlling and extinguishing spot fires. 603

2. Emergency contact information for pe rsonnel who are able to respond to location 24 hours a day, 7days a week.

3. Onsite equipment to assist with firefighting operations, such as dozers, water tenders, and large tractors.

4. Special considerations for fire safety during extreme weather conditions.

5. Method of providing adequate onsite water supply for firefighting operation. Water system shall have a minimum delivery/replenish capability of 250 gallons per minute for 2 hours.”
Section 4-4.70. Amendment: Appendix B Table B105.2 – Required Fire Flow for Buildings other than one- and two-family dwellings, Group R -3 and R-4 buildings and townhomes.

Appendix B Table B105.2 is amended to read as follows:

For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire flow shall be not less than 1,500 gallons per minute. b. The reduced fire flow shall be not less than 1,500 gallons per minute.

Section 4-4.71. Amendment: Establishment of the limits of districts in which storage of flammable or combustible Class I and Class II liquids in outside unprotected aboveground tanks is prohibited.

1. “The limits referred to in Sections 5704.2.9.6.1 and 5706.2.4.4 of the 2025 California Fire Code in which the storage of flammable or combustible liquids in outside aboveground unprotected tanks or permanent or temporary tanks are prohibited are hereby established as follows:

TABLE B 105.2 - REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at the
reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at the
reduced flow rate
604
(a) In all areas of the City unless upon specific written findings, the Chief determines that the installation of flammable and combustible unprotected aboveground storage tanks or below grade vaulted tanks will not create a hazard to occupants and property owners in the surrounding area.” Section 4-4.72. Amendment: Establishment of the limits of districts in which stationary containers of flammable cryogenic fluids are prohibited.

1. “The limits referred to in Section 5806.2 of the 2025 California Fire Code in which the storage of flammable cryoge nic fluids in stationary containers is prohibited are hereby established as follows:
(a) All areas and zoning districts of the City except the General Industrial District of the City Development Code, and with the specific approval of the Fire Chief.”
Section 4-4.73. Amendment: Establishment of the limits in which storage of liquefied petroleum gases is restricted for the protection of heavily populated or congested areas.

1. “The limits referred to in Section 6104.2 of 2025 California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows:
(a) All areas and zoning districts of the City except the General Industrial District of the City zoning ordinance, and with the specific approval o f the Fire Chief.”
Section 4-4.74. Administrative fines.
(a) In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as defined below:
(1) A fine not exceeding one hundred dollars ($100.00) for the first occurrence of each separate violation of the Ontario Fire Code; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Ontario Fire Code provision within one (1) year from the date of the first violation.
(3) A fine not exceeding one thousand dollars ($1,000.00) for a third or more violation(s) of the same Ontario Fire Code provision within one (1) year from the date of the first violation.
(b) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. To the extent there are any conflicts between the provisions of the two chapters, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter.

SECTION 3. Filing of Ordinance. The Fire Chief shall transmit a copy of this Ordinance for filing to the State of California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. One copy of the Ontario Fire Code shall be 605
placed on file in the Office of the City Clerk and is hereby adopted and made a part of this Chapter as if fully set forth at length herein.

SECTION 4. Repeal of Conflicting Ordinances. Ordinance No. 3226, and all former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Fire Code, as adopted and amended herein, are hereby repealed.

SECTION 5. Severability. Any section, paragraph, sentence or word of this ordinance or of the Fire Code as adopted and amended herein that for any reason has been determined to be invalid, it is the intent of the City Council that it will be considered severable from all other portions of this ordinance independent of the elimination therefrom of any such portion as may be declared invalid.

SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its final passage. From the date on which this Ordinance shall take effect, the provisions of the Ontario Fire Code shall be controlling within the City limits of the City of Ontario.

SECTION 7. CEQA. The City Council finds that the changes made to the California Fire Code and the International Fire Code are enacted to mitigate threats to public peace, health and safety from earthquakes, high winds and fire. Moreover, the amendments are substantially similar to those provisions previously en acted and contained in the current version of the City's Fire Code. Therefore, it can be seen with certainty that the adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from the California Envir onmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2026.

_____________________________________
PAUL S. LEON, MAYOR

606
ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

607

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 2026 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)

608
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, AND 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADOPTING BY REFERENCE THE 20 25 EDITION OF THE CALIFORNIA BUILDING
STANDARDS CODE, INCORPORATING THE 20 25 CALIFORNIA
ADMINISTRATIVE CODE, THE 202 5 CALIFORNIA BUILDING CODE, THE 2025 CALIFORNIA MECHANICAL CODE, THE 1997 CALIFORNIA HOUSING CODE, THE 20 25 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA RESIDENTIAL CODE , THE 20 25 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE , THE 20 25
CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2025
HISTORIC BUILDING CODE , 2025 CALIFORNIA EXISTING BUILDING CODE, AND THE 20 25 CALIFORNIA REFERENCED STANDARDS ,
TOGETHER WITH CERTAIN AMENDMENTS THERETO.

WHEREAS, pursuant to Government Code Section 50022.1 et seq., the City of Ontario, California ("City") may adopt by reference the 2025 Edition of the California Building Standards Code as provided in Titles 24 and 25 of the California Code of Regulations and other codes, including, without limitation, the Uniform Housing Code and other codes; and

WHEREAS, the California Building Sta ndards Commission recently adopted the 2025 Edition of the California Building Standards Code; and

WHEREAS, California Health and Safety Code Sections 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications that are determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and

WHEREAS, prior to making modifications permitted under California Health and Safety Code Sections 17958.7 and 18941.5, the City Council is required to make express findings that such modifications are needed in accordance with California Health and Safety Code Sections 17958.7; and

WHEREAS, the City desires to adopt the California Building Standards Code with the necessary amendments to a ssure it is tailored to the safety needs of the City as required by its unique climatic, geological, and topographical conditions; and

WHEREAS, the City held a public hearing on January 20, 2026, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

609

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds that the proposed amendments to California Building Code Section 113.4 are necessary for administrative or procedural clarification and to establish administrative standards for the effective enforcement of the building standards of the City of Ontario and does not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5. Each of the City’s proposed amendments are substantially equivalent to changes or modifica tions enacted by the City of Ontario, and which were previously filed with the California Building Standards Commission and in effect as of September 30, 2025.

SECTION 2. Chapter 1 of Title 8 of the Ontario Municipal Code is amended in its entirety to read as follows:

Chapter 1 – Administrative and Building Code

Section 8-1.01. Adoption of the Administrative Code

The 202 5 Edition of the California Administrative Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 1, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-1.02. Adoption of the Building Code

The 2025 Edition of the California Building Code , as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 2, Volumes 1 and 2, subject to the amendments set forth in this chapter, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-1.03. Amendment: Section 113.4

Section 113.4 is added to the California Building Code to read as follows:

1. 113.4 Ontario Building Appeals Board. The City Manager shall recommend to the City Council five (5) individuals desirous to serve on the Building Appeals Board who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City. Each Board Member's term on the Building Appeals Board shall remain indefinite unless the Board Member resigns, or the City Council wishes to designate a new Board Member in its discretion. Should any Board Member be unable to continue serving on the Building Appeals Board, he or she shall submit a written resignation to the City Manager as soon as possible. The City Manager shall, in turn, present a recommended re placement to the City Council for appointment.

610
Section 8-1.04. Amendment: Part 2, Volume 1, Section 105.2

Section 105.2 is amended as follows:

1. All walls over 3 ft (36 inches) require a building permit and all retaining walls over 2 ft (24 inches) require a building permit.

Section 8-1.05. Amendment: Part 2, Volume 2, Section 1609A

Section 1609A is amended as follows:

1, The City of Ontario design criteria for all structures built within the City is 110 MPH winds, Exposure C, Seismic Zone D

Section 8-1.06. Amendment: Part 2, Volume 2, Section 1613A

Section 1613A is amended as follows:

1. The City of Ontario design criteria for all structures built within the City is 110 MPH winds, Exposure C, Seismic Zone D; and

2. Because of the City’s proximity to the San Andreas fault, all underground pipe, conduit, and lines will be shaded with cleaned dirt void of any rocks or clean sand, six inches below and twelve inches above said pipe, conduit, or line. All electrical metal conduit will need a ground conductor, the metal conduit will not act as the ground conductor.

SECTION 3. Chapter 2 of Title 8 of the Ontario Municipal Code is amended in its entirety to read as follows:

Chapter 2 - Mechanical Code

Section 8-2.01. Adoption of the Mechanical Code

The 2025 Edition of the California Mechanical Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 4, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

SECTION 4. Chapter 3 of Title 8 of the Ontario Municipal Code is amended in its entirety to read as follows:

Chapter 3 - Housing Code

Section 8-3.01. Adoption of Housing Code

The 1997 Edition of the Uniform Housing Code, as published by the International Conference of Building Officials, one (1) copy of which is on file for public review in the 611
office of the City Clerk, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein.

SECTION 5. Chapter 4 of Title 8 of the Ontario Municipal Code is amended in its entirety to read as follows:

Chapter 4 - Electrical Code

Section 8-4.01. Adoption of the Electrical Code

The 2025 Edition of the California Electrical Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 3, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

SECTION 6. Chapter 5 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 5 - Residential Code

Section 8-5.01. Adoption of the Residential Code

The 2025 Edition of the California Residential Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 2.5 , is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-5.02. Amendment: Section R310.5

Section R310.5 is amended as follows:

1. Retro-fit windows require a building permit and shall conform to the 2025 standards for emergency egress.

SECTION 7. Chapter 6 of Title 8 of the Ontario Municipal Code is amended in its entirety to read as follows:

Chapter 6 - General Provisions

Section 8-6.01. Fees

Fees for any permit, license or other approval issued pursuant to any of the codes adopted by this title shall be as set forth by resolution of the City Council.

Section 8-6.02. Violations

Violations of any provision of any of the codes adopted by this title shall subject the violator to any or all of the penalties provided in this code or applicable law. 612

SECTION 8. Chapter 7 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 7 - Plumbing Code

Section 8-7.01. Adoption of the Plumbing Code

The 2025 Edition of the California Plumbing Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 5, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

SECTION 9. Chapter 1 0 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 10 – Energy Code

Section 8-10.01. Adoption of the Energy Code

The 2025 Edition of the California Energy Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 6, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

SECTION 10. Chapter 11 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 11 - International Property Maintenance Code

Section 8-11.01. Adoption of the International Property Maintenance Code

The 2024 Edition of the International Property Maintenance Code, including the administration chapter, one (1) copy of which is on file for public review in the office of the City Clerk, is hereby adopted by reference and made a part of this chapter as if fully set forth at length herein.

SECTION 11. Chapter 12 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 12 - Green Building Standards Code

Section 8-12.01. Adoption of California Green Building Standards Code

The 2025 Edition of the California Green Buildings Standards Code , as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 11, is hereby adopted by reference and made a part of this chapter as if fully set forth as length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.
613

SECTION 12. Chapter 14 of Title 8 of the Ontario Municipal Code is hereby amended in its entirety to read as follows:

Chapter 14 - Historic Building Code, Existing Building Code and Referenced Standards

Section 8-14.01. Adoption of California Historic Building Code

The 2025 Edition of the California Historic Building Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 8, is hereby adopted by reference and made a part of this chapter as if fully set forth as length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-14.02. Adoption of California Existing Building Code

The 2025 Edition of the California Existing Building Code, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 10, is hereby adopted by reference, and made a part of this chapter as if fully set forth as length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-14.03. Adoption of California Referenced Standards

The 2025 Edition of the Californ ia Referenced Standards, as adopted by the California Building Standards Commission in California Code of Regulations Title 24, Part 12, is hereby adopted by reference, and made a part of this chapter as if fully set forth as length herein. One (1) copy of said code is on file in the office of the City Clerk for public review.

Section 8-14.04. Alternative building standards for adaptive reuse projects.

(a) Purpose. The Hi storic Preservation -Adaptive Reuse Plan in Title 9 Development Code expanded the scope of eligible and underutilized buildings or structures that have great potential to be converted into new uses or occupancy that can benefit from relief of parking standa rds, setbacks and zoning height limitations. However, key to the success of the Adaptive Reuse Plan relies on the ability of the Building Official and Fire Marshal to effectively use their authority to grant code modification or alternative materials, desi gn and methods of construction and equipment to address practical difficulties involved in complying with the strict provisions of the code or consider alternative design or methods not specifically prescribed in the code. Other statutory regulations such as the California Historic Building Code adopted in § 8 -14.01 and the California Existing Building Code adopted in § 8 -14.02, including Cal.

Gov’t Code §§ 17958.11 and Cal. Health and Safety Code § 19957, provides the Building Official and Fire Marshal with the ability to consider 614
other alternative building standards. Therefore, the purpose of this chapter is to amend, expand, establish and clarify alternative building standards for the conversion of existing buildings or structures to accommodate new uses or occupancy for other purposes than what it was originally designed for and still provide reasonable use and safety to the building occupants.

(b) Applicability. Projects that meet the definition and applicable requirements of an adaptive reuse project pursu ant to Title 9 Development Code may be permitted to use the alternative building standards of this chapter.

(c) Adaptive Reuse Technical Manual.

1. Although other chapters or sections of the Ontario Municipal Code and the most recently adopted edition of the California Building Standards Code are applicable to new construction or a change of use or occupancy, the use of the Adaptive Reuse Technical Manual, which includes Alternative Building Materials and Methods, may be permitted to provide alternative regula tions for adaptive reuse projects that meet the applicability requirement of subsection (b).

2. The Building Official and Fire Marshal shall prepare, maintain, and update, as deemed necessary and appropriate, the Adaptive Reuse Technical Manual and shall inc lude technical information and implementation parameters, alternative compliance for technical infeasibility, as well as other rules, requirements and procedures as the City deems necessary, for implementing the provisions of this chapter.

3. The Building Of ficial and Fire Marshal shall develop, as deemed necessary and appropriate, in cooperation with other City departments and stakeholders, informational bulletins, training manuals and educational materials to assist in the implementation of this chapter.

SECTION 13. Filing of Ordinance. The Building Official shall transmit a copy of this Ordinance for filing to the State of California Building Standards Commission, pursuant to Health and Safety Code Section 17958.7. One copy of the Ontario Building Code shall be placed on file in the Office of the City Clerk and is hereby adopted and made a part of this Chapter as if fully set forth at length herein.

SECTION 14. Repeal of Conflicting Ordinances. Ordinance No. 3148, all former ordinances, or parts thereof conflicting or inconsistent with the provisions of this ordinance, as adopted and amended herein, are hereby repealed.

SECTION 15. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance , or any part thereof, is for any reason held to be unconstitutional or invalid or in effective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining 615
portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 16. CEQA. The City Council finds that the changes made to the California Building Standards Code are enacted to mitigate threats to public peace, health and safety from earthquakes, high winds and fire. Moreover, the amendments are substantially similar to those provisions previously enacted and contained in the current version of the City's Buil ding Code . Therefore, it can be seen with certainty that the adoption of this Ordinance will not have a significant adverse effect on the environment and is therefore exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)( 3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 17. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summa ry thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this _______day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
616

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held January ____, 2026 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)

617
Department: Economic Development
Prepared By: Charity Hernandez
Department:

Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

A PUBLIC HEARING TO CONSIDER ADOPTING A

RESOLUTION OF NECESSITY OF

THE CITY OF ONTARIO PURSUANT TO THE ONTARIO CENTER SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 88-2 (STATE CLEARINGHOUSE #80062538)

FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN

CERTAIN REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST

CONCOURS STREET AND MERCEDES LANE, IN THE CITY OF ONTARIO, COUNTY OF

SAN BERNARDINO, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR'S PARCEL NUMBER 0210-204-04, FOR THE PUBLIC

PARKING FACILITIES FOR THE TOYOTA ARENA PROJECT, IN ONTARIO,

CALIFORNIA

CITY OF ONTARIO
Agenda Report
December
2, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing and:

A
.

Consider adopting, pursuant to the Ontario Center Specific Plan Environmental Impact Report 88-2 (State Clearinghouse #80062538), a Resolution of Necessity for the City of Ontario’s public parking facilities for the Toyota Arena Project and provide each party with an interest in the affected property, their attorneys or representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity.

B
.

Make the following findings as hereinafter described in this report:

i. The public interest and
necessity require the proposed project.
ii. The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury. iii. The real property to be acquired is necessary for the project. iv. The offers of just compensation have been made to the property owners.

C
.

Adopt a Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at the southeast corner of East Concours Street and Mercedes Lane, more particularly described as Assessor’s Parcel Number 0210- 204-04 (the "Property”) is necessary for the public parking facilities for the Toyota Arena Project in Ontario, California (the “Project”).
618
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The deposit necessary to file the Resolution of Necessity for prejudgment possession of the Property is approximately $17,647,000.

If approved, additional appropriations
will be included in the Capital Projects fund at a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS:

The Property consists of one parcel located at southwest corner of East Concours Street and Mercedes Lane, for the City of Ontario’s Toyota Arena Public Parking Facilities Project. The City seeks to acquire a full fee interest in the parcel referenced above.

The City obtained an appraisal of the real estate from Bradford Thompson, MAI, of Thompson & Thompson Real Estate Valuation and Consulting. On October 9, 2025 a written offer of just compensation was then made to the property owner for the acquisition pursuant to California Government Code section 7267.2. Following standard public records and due diligence searches for ownership information, a notice of the Resolution of Necessity hearing was mailed to the Property owner on November 17, 2025 by regular U.S. Mail.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, an offer of just compensation was made to the owner for the full Fair Market Value as determined by an independent appraisal. California’s definition of Fair Market Value is one of the most inclusive definitions in the United States and requires the appraiser to consider the highest and best use of the property and to consider the highest price a willing and fully knowledgeable buyer and seller would agree to. The City’s appraisal must use this definition of Fair Market Value.

The property owner sent a response to the City dated October 17, 2025, formally declining the City’s offer and expressing intent to develop the property in the future. Thereafter, the property owner expressed possible interest in selling the property to the City and has been in communication with counsel for the City. The property owner is in the process of retaining an attorney but has communicated directly with the City. The City will continue to communicate and negotiate with the property owner and/or its legal counsel, as the City remains interested in achieving a voluntary purchase of the property from the owner if this is possible. Since an agreement has not yet been reached with the property owner, it is necessary to proceed with the eminent domain process to meet critical project deadlines.

A litigation guarantee was ordered to determine and confirm the identity of the record owner.

Following a standard public records and due diligence search for ownership information, and p
ursuant to Section 1245.235 of the California Code of Civil Procedures, a notice of this hearing was sent by first class mail on November 17, 2025, to the record owner, and stated the City’s intent to consider the adoption of a Resolution, the right of the property owner to appear and be heard, and 619
notice that failure to file a written request to appear may result in a waiver of the right to appear and be heard.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

The Property affected by the proposed acquisition is
located within the City of Ontario, located at the southeast corner of East Concours Street and Mercedes Lane, Ontario, California. The property consists of 8.44 gross acres of vacant land. The Property is currently owned by Merryland, LLC, a limited liability company.

HEARINGS AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to the acquisition of a fee simple interest in the Property. A true and correct of the legal definition, legal description and map of the Property sought to be acquired is attached to the Resolution of Necessity as Exhibit 1.

California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives a reasonable opportunity to appear and be heard on the following matters:
1 .

The public interest and necessity require the proposed project. 2 .

The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3 .

The real property to be acquired is necessary for the project. 4 .

The offer of just compensation has been made to the property owner.

The above four required findings are addressed as follows:

The Public Interest and Necessity Require the Proposed Project The Toyota Arena Public Parking Facilities Project, in the City of Ontario, San Bernardino County, State of California, is necessary and in the public’s best interest, as it will provide additional and replacement parking for Toyota Arena patrons, employees, and nearby businesses. The existing parking areas are being repurposed for much-needed housing/mixed-use development, making this project essential to maintain public access, parking, and operational continuity for the Arena.

The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
This Project is undertaken for the public good and constitutes the least injurious means of providing necessary replacement parking for Toyota Arena visitors, employees, and local businesses. As the prior parking areas are being converted, this project is essential to maintain public access and ensure continued community benefit.

The Real Property to be Acquired is Necessary for the Proposed Project The Property described and depicted in Exhibit 1 to the attached Resolution, a fee simple interest in Assessor’s Parcel No. 0210-204-04, is necessary for public parking for the Toyota Arena Public Parking Facilities Project. Without this acquisition, the City will not have the legal right to enter, 620
construct, or maintain the Project area to begin work towards public parking for the Toyota Arena Project.

The proposed acquisition is limited to the minimum property interest necessary to complete the Project. No additional property beyond what is required to provide parking and associated improvements is being sought. Accordingly, the acquisition is necessary and proportional to the City’s stated public purpose.

The Offer of Just Compensation Has Been Made
An appraisal was prepared by Thompson & Thompson Real Estate Valuation and Consulting to establish the Fair Market Value of the real property the City is seeking to acquire. As discussed above, an offer of just compensation was made to the property owner to purchase the fee simple interest as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible for the property, it would be appropriate to commence the procedure to acquire the property through eminent domain, to ensure that the City has possession of the real property, which is necessary in order for the City to begin construction of the Project.

The assessor parcel number, the party to whom the offer was made, and the date of the offer is provided in the following:

APN
Record Owner
Date of Offer
0210-204-04
Merryland, LLC, a limited liability
company
10/09/2025
ENVIRONMENTAL ANALYSIS:

The application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The environmental impacts of the Ontario Center Specific Plan ("OCSP") were analyzed under Environmental Impact Report 88-2 (State Clearing House #80062538), which was certified in 1980, and a consistency review has been prepared to determine whether implementation of the Project would require major revisions to the OCSP Certified SEIR 88-2 due to the potential for new significant environmental effects or a substantial increase in severity of previously identified impacts. The consistency review determined that the project would not result in new significant or more severe significant impacts than disclosed in the OCSP EIR, and thus it would not trigger the need for preparation of a subsequent or supplemental EIR. 621
`
RESOLUTION NO. ________

A RESOLUTION OF NECESSITY OF THE COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, PURSUANT TO THE ONTARIO CENTER
SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 88 -2 (STATE
CLEARINGHOUSE #80062538) FOR THE ACQUISITION BY EMINENT

DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY

LOCATED AT THE SOUTHWEST CORNER OF EAST CONCOURS

STREET AND MERCEDES LANE, IN THE CITY OF ONTARIO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA AND MORE

PARTICULARLY DESCRIBED AS ASSESSOR'S PARCEL NUMBER
0210-204-04, FOR THE PUBLIC PARKING FACILITIES FOR THE
TOYOTA ARENA PROJECT, IN ONTARIO, CALIFORNIA.

WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest in certain real property located at the southwest corne r of East Concours Street and Mercedes Lane, in the City of Ontario, County of San Bernardino, State of California, more particularly described as Assessor’s Parcel Number 0210-204-04, for the public parking facilities for the Toyota Arena Project (“The Project”).

The P roject will provi de additional public parking to serve the Toyota Arena, improve access for the public and employees attending arena events and enhance accessibility to nearby businesses, and the City’s acquisition of such property i s in accordance with the authority granted by Section 37350.5 of the California Government Code; and

WHEREAS, Project is subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The environmental impacts of the Ontario Center Specific Plan (“OCSP”) were analyzed under Environmental Impact Report 88 -2 (State Clearing house #80062538) (“OCSP Certified EIR”) , which was certified in 1980, and a consistency review has been prepared to determine whether implementation of the Project would require major revisions to the OCSP Certified SEIR 88-2 due to the potential for new significant environmental effects or a substantial increase in severity of previously identified impacts. The consistency review determined that the Project would not result in new significant, or more severe significant, impacts than disclosed in the OCSP Certified EIR, and thus it would not trigger the need for preparation of a subsequent or supplemental EIR; and

WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, December 2 , 202 5, at 6:30 p.m., at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and

WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
622
`
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.

NOW, THEREFORE, THE CITY DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:

SECTION 1. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act. Per the consistency review, the Project will not result in new significant or more severe significant impacts than were disclosed in the OCSP Certified EIR, and thus it does not trigger the need for preparation of a subsequent or supplemental EIR.

SECTION 2. The public use of the real property interest to be acquired is to provide ample access and parking for employee s and the public as part of the Project, located in the City of Ontario, San Bernardino County, State of California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.

SECTION 3. Attached and marked as Exhibit 1 is the legal description and depiction of the real property interest to be acquired by the City, which describes the general location and extent of the property interest to be acquired with sufficient detail for reasonable identification.

SECTION 4. The City hereby finds and determines each of the following:

(a) The public interest and necessity require the Project; (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee simple interest described in Exhibit 1 is necessary for the Project; (d) The offer required by Section 7267.2 of th e California Government Code was made.

SECTION 5. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. The legal descriptions of these easements and rights -of-way are on file with the City and describe the general location and extent of the easements and rights -of-way with suffic ient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for th e City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.

SECTION 6. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than 623
`
said existing public use. Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.

SECTION 7. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of an d use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non -material changes in the legal description of the real property that are deemed necessary for the conduct of the condemna tion action or other proceedings or transaction required to acquire the subject real property.

SECTION 8. This Resolution shall take effect upon adoption.

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

PASSED, APPROVED AND ADOPTED this 2nd day of December 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________________

BEST, BEST & KRIEGER LLP

CITY ATTORNEY
624
`
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 December 2, 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 December 2, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

625

EXHIBIT 1
LEGAL DESCRIPTION APN.: 0210-204-04
626

EXHIBITA
LegalDescription
ForAPN/ParcelID(s):0210-204-04-0-000

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THECITYOFONTARIO, COUNTYOFSAN BERNARDINO,STATEOFCALIFORNIAANDISDESCRIBEDASFOLLOWS:

PARCEL1:

LOT1OFOWNER'SCERTIFICATENO.LLA05-011,INTHECITYOFONTARIO,COUNTYOFSANBERNARDINO, STATEOFCALIFORNIA,RECORDEDJULY29,2005,ASINSTRUMENTNO.2005-548593OFFICIALRECORDS,IN

THEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY,MOREPARTICULARLYDESCRIBEDAS FOLLOWS:

PARCEL2ANDAPORTIONOFPARCEL3OFPARCELMAPNO.11468,INTHECITYOFONTARIO,COUNTYOF SANBERNARDINO,STATEOFCALIFORNIA,ASPERMAPRECORDEDINPARCELMAPBOOK133,PAGES28 THROUGH31THEREIN,RECORDSOFSAIDCOUNTY,MOREPARTICULARLYDESCRIBEDASFOLLOWS:

BEGINNINGATTHESOUTHEASTCORNEROFPARCEL3ASSHOWNONSAIDPARCELMAP; THENCENORTH58°40'31"WESTALONGTHESOUTHWESTERLYLINEOFPARCEL3,ADISTANCEOF67.15 FEETTOAPOINTONALINEWHICHISPARALLELWITHAND355.00FEETDISTANTSOUTHEASTERLYFROM THEWESTLINEOFPARCEL3;
THENCENORTH31°19'29"EASTALONGSAIDPARALLELLINE,ADISTANCEOF470.55FEETTOAPOINTON THENORTHLINEOFSAIDPARCEL3,ALSOBEINGTHESOUTHRIGHTOFWAYOFCONCOURSE,BEING66.00

FEETHALFWIDTH,SAIDPOINTBEINGTHEBEGINNINGOFANON-TANGENTCURVECONCAVETOTHE SOUTHWEST,FROMWHICHTHERADIUSPOINTBEARSSOUTH40°59'08"WEST;

THENCESOUTHEASTERLYANDSOUTHERLYALONGSAIDCURVEANDSAIDSOUTHERLYRIGHTOFWAY, THROUGHACENTRALANGLEOF8°24'50",ANARCDISTANCEOF210.59FEET; THENCESOUTH40°36'00"EASTALONGSAIDSOUTHERLYRIGHTOFWAY,ADISTANCEOF404.98FEETTO

THEBEGINNINGOFATANGENTCURVECONCAVETOTHENORTHEAST,FROMWHICHTHERADIUSPOINT BEARSNORTH49°24'00"EAST;

THENCESOUTHEASTERLYANDEASTERLYALONGLASTSAIDCURVEANDSAIDSOUTHERLYRIGHTOFWAY, THROUGHACENTRALANGLEOF9°53'39",ANARCDISTANCEOF201.35FEETTOTHEBEGINNINGOFA TANGENTCURVE,CONCAVETOTHEWEST,FROMWHICHTHERADIUSPOINTBEARSSOUTH39°30'21" WEST";

THENCESOUTHEASTERLY,SOUTHERLYANDSOUTHWESTERLYALONGLASTSAIDCURVE,THROUGHA CENTRALANGLEOF86°46'11",ANARCDISTANCEOF34.83FEETTOAPOINTONTHESOUTHEASTERLY LINEOFSAIDPARCEL2,ALSOBEINGTHENORTHWESTERLYRIGHTOFWAYOFMERCEDESLANE,BEING

44.00FEETHALFWIDTH,TOAPOINTONATANGENTLINEFROMWHICHTHERADIUSPOINTBEARSNORTH 53°43'52"WEST;
THENCESOUTH36°16'32"WESTALONGSAIDSOUTHEASTLINE,ADISTANCEOF76.83FEETTOTHE

BEGINNINGOFATANGENTCURVECONCAVETOTHENORTHWEST,FROMWHICHTHERADIUSPOINT BEARSNORTH53°43'28"WEST;

THENCESOUTHWESTERLYANDWESTERLYALONGLASTSAIDCURVEANDSAIDSOUTHEASTLINE, THROUGHACENTRALANGLEOF16°23'56",ANARCDISTANCEOF216.38FEET;THENCESOUTH52°40'28" WESTALONGSAIDSOUTHEASTLINE,ADISTANCEOF190.05FEETTOAPOINTONTHESOUTHWESTERLY LINEOFSAIDPARCEL2;
THENCENORTH37°19'32"WESTALONGTHESOUTHWESTERLYLINEOFSAIDPARCEL2,ADISTANCEOF 627

EXHIBITA
LegalDescription
657.87FEETTOTHEPOINTOFBEGINNING.

EXCEPTINGTHEREFROMALLOIL,GASANDOTHERHYDROCARBONS,NON-HYDROCARBONGASSESOR

GASEOUSSUBSTANCES,ALLOTHERMINERALSOFWHATSOEVERNATURE,WITHOUTREGARDTO

SIMILARITYTOTHEABOVEMENTIONEDSUBSTANCES,ANDALLSUBSTANCESTHATMAYBEPRODUCED THEREWITHFROMTHEPROPERTY,ASRESERVEDINDEEDRECORDEDMARCH31,1988,ASINSTRUMENT NO.88-95116OFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMALLGEOTHERMALRESOURCES,EMBRACINGINDIGENOUSSTEAM,HOT

WATERANDHOTSPRINGS,STEAMANDOTHERGASSES,HOTWATERANDHOTBRINESRESULTINGFROM

WATER,GASOROTHERFLUIDSARTIFICIALLYINTRODUCEDINTOSUBSURFACEFORMATIONS,HEATOR

OTHERASSOCIATEDENERGYFOUNDBENEATHTHESURFACEOFTHEEARTH,ANDBYPRODUCTSOFANY

OFTHEFOREGOINGSUCHASMINERALS(EXCLUSIVEOFOILORHYDROCARBONGASTHATCANBE

SEPARATELYPRODUCED)WHICHAREFOUNDINSOLUTIONORASSOCIATIONWITHORDERIVEDFROMANY OFTHEFOREGOING,ASRESERVEDINDEEDRECORDEDMARCH31,1988,ASINSTRUMENTNO.88-95116OF OFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMTHESOLEANDEXCLUSIVERIGHTFROMTIMETOTIMETOBORE,DRILLAND

MAINTAINWELLSANDOTHERWORKSINTOORTHROUGHSAIDPROPERTYANDTHEADJOININGSTREETS, ROADSANDHIGHWAYSBELOW ADEPTHOF500FEETFROMTHESURFACETHEREOFFORTHEPURPOSE

OFEXPLORINGFORANDPRODUCINGENERGYRESOURCES,TOPRODUCED,INJECT,STOREANDREMOVE

FROMANDTHROUGHSUCHWELLSORWORKS,OIL,GAS,WATERANDOTHERSUBSTANCESOFWHATEVER

NATURE,INCLUDINGTHERIGHTTOPERFORMBELOW SAIDDEPTHANYANDALLOPERATIONSDEEMED

NECESSARYORCONVENIENTFORTHEEXERCISEOFSUCHRIGHTS,ASRESERVEDINDEEDRECORDED MARCH31,1988,ASINSTRUMENTNO.88-95116OFOFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMALLOIL,GASANDOTHERHYDROCARBONS,GEOTHERMALRESOURCESAS DEFINEDINSECTION6903OFTHECALIFORNIAPUBLICRESOURCESCODEANDALLOTHERMINERALS,

WHETHERSIMILARTOTHOSEHEREINSPECIFIEDORNOT,WITHINORTHATMAYBEPRODUCEDFROMTHE LAND;ANDFURTHEREXCEPTINGTHEREFROMTHESOLEANDEXCLUSIVERIGHTFROMTIMETOTIMETO

DRILLANDMAINTAINWELLSOROTHERWORKSINTOORTHROUGHTHELANDANDTHEADJOINING STREETS,ROADS,ANDHIGHWAYSBELOW ADEPTHOFFIVEHUNDRED(500)FEETANDTOPRODUCE,

INJECT,STORE,ANDREMOVEFROMANDTHROUGHSUCHWELLSORWORKS,OIL,GAS,WATERAND

OTHERSUBSTANCESOFWHATEVERNATURE,INCLUDINGTHERIGHTTOPERFORMBELOW SAIDDEPTH

ANYANDALLOPERATIONSDEEMEDBYGRANTORNECESSARYORCONVENIENTFORTHEEXERCISEOF

SUCHRIGHTS(PROVIDEDTHATTHERIGHTSEXCEPTEDANDRESERVEDTOGRANTORDONOTINCLUDE

ANDDONOTEXCEPTORRESERVETOGRANTORANYRIGHTOFGRANTORTOUSETHESURFACEOFTHE LANDORTHEFIRSTFIVEHUNDRED(500)FEETBELOW SAIDSURFACEORTOCONDUCTANYOPERATIONS THEREONORTHEREIN);ASRESERVEDINDEEDRECORDEDNOVEMBER4,1994,ASINSTRUMENTNO. 94-447704OFFICIALRECORDS.

PARCEL2:

EASEMENTSFORPRIVATEROADWAYSASSETFORTHINDECLARATIONOFCOVENANTS,CONDITIONS, EASEMENTSANDRESTRICTIONSRECORDEDDECEMBER23,1983ASINSTRUMENTNO.83-304769OF

OFFICIALRECORDS,SANBERNARDINO,CALIFORNIA,ASAMENDEDBYTHATCERTAINFIRSTAMENDMENT TODECLARATIONOFCOVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATEDNOVEMBER25, 1985ANDRECORDEDDECEMBER3,1985ASINSTRUMENTNO.85-305152OFOFFICIALRECORDS,SAN

BERNARDINOCOUNTY,CALIFORNIA,ANDTHATCERTAINSECONDAMENDMENTTODECLARATIONOF COVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATEDFEBRUARY12,1986ANDRECORDED MARCH24,1986ASINSTRUMENTNO.86-75242OFOFFICIALRECORDS,ANDTHATCERTAINTHIRD

AMENDMENTTODECLARATIONOFCOVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATED NOVEMBER9,1987ANDRECORDEDNOVEMBER16,1987ASINSTRUMENTNO.87-406521OFOFFICIAL

RECORDS,ANDSUPPLEMENTEDBYTHATCERTAINPRIVATEROADWAYEASEMENTANDSUPPLEMENTTO DECLARATIONRECORDEDJANUARY14,1988ASINSTRUMENTNO.88-11236OFOFFICIALRECORDS. 628

EXHIBITA
LegalDescription
PARCEL3:

ANON-EXCLUSIVEDRIVEWAYEASEMENTASDESCRIBEDINTHATCERTAINRECIPROCALDRIVEWAY AGREEMENTRECORDEDJANUARY14,1988ASINSTRUMENTNOS.88-11237AND88-11239OFOFFICIAL RECORDS.

PARCEL4:

EASEMENTSFORSEWER,WATER,ANDUTILITYFACILITIESANDINGRESSANDEGRESSASRESERVEDIN

GRANTDEEDEXECUTEDBYGRANDPRIXPROPERTIES,ACALIFORNIAGENERALPARTNERSHIP,RECORDED JANUARY19,2006ASINSTRUMENTNO.2006-38500OFOFFICIALRECORDS. 629
N
This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

Commonwealth Land Title Company
2024c
Data :

Sheet
1 of
1 Archive #
Assessor's Parcel No. :
2900 145
Scale 1 inch = 145 Feet
Plat Showing
Parcel 1: Lot 1 of Owner's Certificate No. Lla 05-011, in the City of Ontario, County of San Bernardino, State of California, Recorded July 29, 2005, as Instrument No. 2005-548593 Official Records, in the Office of the County Recorder of said County. 4400 MacArthur Blvd, Suite 800
Newport Beach, CA 92660
Phone: (949) 724-3170 Property: Concours Street, Ontario, CA Title Order No. 932403124, Preliminary Report Dated as of September 18, 2024 Reference : 0210-204-04
Drawing Date: October 03, 2024
0210-204-04-0-000
Parcel 1 (Fee, Property in Question)
LEGEND
Parcel 2 (Easement) (Un-locatable)
Parcel 3 (Easement) (Un-locatable)
Item No. 9 - Easement for public utilities and incidental purposes 04/01/1988, Instrument No. 88-96741, of Official Records Affects said land
Said Easement is not specifically delineated and is un-locatable Item No. 10 - Easement for pedestrian walkway purposes
Affects as shown on the map of said tract
Parcel 4 (Easement)
Item No. 10 - Easement for pedestrian pathway purposes
Affects as shown on the map of said tract
Item No. 10 - Easement for public utilities, and for ingress and egress, utility and access purposes
Affects as shown on the map of said tract

CONCOURS
ST
66 66
630
46700.20156\44351930.2

NOTICE OF HEARING TO PROPERTY OWNER
Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, December 2, 2025 at 6:30 p.m., at Ontario City Hall, City Council Chambers, 303 East B Street, Ontario, California, the City Council of the City of Ontario intends to consider adopting a Resolution of Necessity authorizing the commencement of eminent domai n proceedings for the acquisition, for public use, of the fee in certain real property which, according to the last equalized county assessment roll, you own. The public use and project for which this Resolution of Necessity will be considered is the publ ic parking for the Toyota Arena Project . The description of the property to be acquired is attached as Exhibit “1” to this notice.

A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters:

1. Whether the public interest and necessity require the project for which the property is sought to be acquired.

2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.

3. Whether the property is necessary for the proposed project.

4. Whether the offer required by Section 7267.2 of the California Government Code has been made.

Members of the public may utilize alternative measures established by the City of Ontario to view the City council meetings and/or to address the Mayor and City Council Members. 631
46700.20156\44351930.2

The meeting will be live broadcast on local cable Channel 3 as well as internet live streamed:: www.ontarioca.gov/Agendas/CityCouncil.

TO PROVIDE PUBLIC COMMENT:

Online: You may submit your comments online by filling out a Public Comment Form no later than 4 PM on the day of the meeting. You may also submit your comments by email no later than 4 PM on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to [email protected]. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter.

Mail: To submit your comments by mail, provide your n ame, agenda item you are commenting on, and your comments by mailing to Records Management, Ontario City Hall, 303 East “B” Street, Ontario, CA 91764. Comments by mail must be received in the Records Management Department no later than 4:00 p.m. on the da y of the meeting . Postmarks are not accepted. All comments received by the deadline will be provided to the City Council for consideration before action is taken on the matter.

This is a public meeting, and the City reserves the right to revert it to an in-person meeting.

Please be advised , your failure to file a written request to appear and be heard within 15 days after the mailing of this notice may result in the waiver of your right to appear and be heard.
632
46700.20156\44351930.2

ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:

Sheila Mautz
City Clerk
City of Ontario
303 East B Street
Ontario, California 91764
DATE OF HEARING: Tuesday, December 2, 2025
6:30 p.m.

PLACE OF HEARING: City Council Chambers
Ontario City Hall
City of Ontario
303 East B Street
Ontario, California 91764

DATED: November 14, 2025 BEST BEST & KRIEGER LLP

By: ______________________________________
Mark A. Easter
Attorney for City of Ontario
633
46700.20156\44351930.2

PROOF OF MAILING NOTICE
I, Mandy Villareal, acting on behalf of the City of Ontario, hereby certify that on November 14, 2025, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Assessor’s Parcel No. 0210-204-04.

Merryland, LLC
23 Pelican Vista Drive
Newport Beach, CA 92645
Record Owner
Merryland, LLC
Lan Lou, Agent for Service Process
126 N New Avenue
Monterey Park, CA 91755
Record Owner

DATED: November 14, 2025 ___________________________________

634

EXHIBIT 1
LEGAL DESCRIPTION APN.: 0210-204-04
635

EXHIBITA
LegalDescription
ForAPN/ParcelID(s):0210-204-04-0-000

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THECITYOFONTARIO, COUNTYOFSAN BERNARDINO,STATEOFCALIFORNIAANDISDESCRIBEDASFOLLOWS:

PARCEL1:

LOT1OFOWNER'SCERTIFICATENO.LLA05-011,INTHECITYOFONTARIO,COUNTYOFSANBERNARDINO, STATEOFCALIFORNIA,RECORDEDJULY29,2005,ASINSTRUMENTNO.2005-548593OFFICIALRECORDS,IN

THEOFFICEOFTHECOUNTYRECORDEROFSAIDCOUNTY,MOREPARTICULARLYDESCRIBEDAS FOLLOWS:

PARCEL2ANDAPORTIONOFPARCEL3OFPARCELMAPNO.11468,INTHECITYOFONTARIO,COUNTYOF SANBERNARDINO,STATEOFCALIFORNIA,ASPERMAPRECORDEDINPARCELMAPBOOK133,PAGES28 THROUGH31THEREIN,RECORDSOFSAIDCOUNTY,MOREPARTICULARLYDESCRIBEDASFOLLOWS:

BEGINNINGATTHESOUTHEASTCORNEROFPARCEL3ASSHOWNONSAIDPARCELMAP; THENCENORTH58°40'31"WESTALONGTHESOUTHWESTERLYLINEOFPARCEL3,ADISTANCEOF67.15 FEETTOAPOINTONALINEWHICHISPARALLELWITHAND355.00FEETDISTANTSOUTHEASTERLYFROM THEWESTLINEOFPARCEL3;
THENCENORTH31°19'29"EASTALONGSAIDPARALLELLINE,ADISTANCEOF470.55FEETTOAPOINTON THENORTHLINEOFSAIDPARCEL3,ALSOBEINGTHESOUTHRIGHTOFWAYOFCONCOURSE,BEING66.00

FEETHALFWIDTH,SAIDPOINTBEINGTHEBEGINNINGOFANON-TANGENTCURVECONCAVETOTHE SOUTHWEST,FROMWHICHTHERADIUSPOINTBEARSSOUTH40°59'08"WEST;

THENCESOUTHEASTERLYANDSOUTHERLYALONGSAIDCURVEANDSAIDSOUTHERLYRIGHTOFWAY, THROUGHACENTRALANGLEOF8°24'50",ANARCDISTANCEOF210.59FEET; THENCESOUTH40°36'00"EASTALONGSAIDSOUTHERLYRIGHTOFWAY,ADISTANCEOF404.98FEETTO

THEBEGINNINGOFATANGENTCURVECONCAVETOTHENORTHEAST,FROMWHICHTHERADIUSPOINT BEARSNORTH49°24'00"EAST;

THENCESOUTHEASTERLYANDEASTERLYALONGLASTSAIDCURVEANDSAIDSOUTHERLYRIGHTOFWAY, THROUGHACENTRALANGLEOF9°53'39",ANARCDISTANCEOF201.35FEETTOTHEBEGINNINGOFA TANGENTCURVE,CONCAVETOTHEWEST,FROMWHICHTHERADIUSPOINTBEARSSOUTH39°30'21" WEST";

THENCESOUTHEASTERLY,SOUTHERLYANDSOUTHWESTERLYALONGLASTSAIDCURVE,THROUGHA CENTRALANGLEOF86°46'11",ANARCDISTANCEOF34.83FEETTOAPOINTONTHESOUTHEASTERLY LINEOFSAIDPARCEL2,ALSOBEINGTHENORTHWESTERLYRIGHTOFWAYOFMERCEDESLANE,BEING

44.00FEETHALFWIDTH,TOAPOINTONATANGENTLINEFROMWHICHTHERADIUSPOINTBEARSNORTH 53°43'52"WEST;
THENCESOUTH36°16'32"WESTALONGSAIDSOUTHEASTLINE,ADISTANCEOF76.83FEETTOTHE

BEGINNINGOFATANGENTCURVECONCAVETOTHENORTHWEST,FROMWHICHTHERADIUSPOINT BEARSNORTH53°43'28"WEST;

THENCESOUTHWESTERLYANDWESTERLYALONGLASTSAIDCURVEANDSAIDSOUTHEASTLINE, THROUGHACENTRALANGLEOF16°23'56",ANARCDISTANCEOF216.38FEET;THENCESOUTH52°40'28" WESTALONGSAIDSOUTHEASTLINE,ADISTANCEOF190.05FEETTOAPOINTONTHESOUTHWESTERLY LINEOFSAIDPARCEL2;
THENCENORTH37°19'32"WESTALONGTHESOUTHWESTERLYLINEOFSAIDPARCEL2,ADISTANCEOF 636

EXHIBITA
LegalDescription
657.87FEETTOTHEPOINTOFBEGINNING.

EXCEPTINGTHEREFROMALLOIL,GASANDOTHERHYDROCARBONS,NON-HYDROCARBONGASSESOR

GASEOUSSUBSTANCES,ALLOTHERMINERALSOFWHATSOEVERNATURE,WITHOUTREGARDTO

SIMILARITYTOTHEABOVEMENTIONEDSUBSTANCES,ANDALLSUBSTANCESTHATMAYBEPRODUCED THEREWITHFROMTHEPROPERTY,ASRESERVEDINDEEDRECORDEDMARCH31,1988,ASINSTRUMENT NO.88-95116OFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMALLGEOTHERMALRESOURCES,EMBRACINGINDIGENOUSSTEAM,HOT

WATERANDHOTSPRINGS,STEAMANDOTHERGASSES,HOTWATERANDHOTBRINESRESULTINGFROM

WATER,GASOROTHERFLUIDSARTIFICIALLYINTRODUCEDINTOSUBSURFACEFORMATIONS,HEATOR

OTHERASSOCIATEDENERGYFOUNDBENEATHTHESURFACEOFTHEEARTH,ANDBYPRODUCTSOFANY

OFTHEFOREGOINGSUCHASMINERALS(EXCLUSIVEOFOILORHYDROCARBONGASTHATCANBE

SEPARATELYPRODUCED)WHICHAREFOUNDINSOLUTIONORASSOCIATIONWITHORDERIVEDFROMANY OFTHEFOREGOING,ASRESERVEDINDEEDRECORDEDMARCH31,1988,ASINSTRUMENTNO.88-95116OF OFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMTHESOLEANDEXCLUSIVERIGHTFROMTIMETOTIMETOBORE,DRILLAND

MAINTAINWELLSANDOTHERWORKSINTOORTHROUGHSAIDPROPERTYANDTHEADJOININGSTREETS, ROADSANDHIGHWAYSBELOW ADEPTHOF500FEETFROMTHESURFACETHEREOFFORTHEPURPOSE

OFEXPLORINGFORANDPRODUCINGENERGYRESOURCES,TOPRODUCED,INJECT,STOREANDREMOVE

FROMANDTHROUGHSUCHWELLSORWORKS,OIL,GAS,WATERANDOTHERSUBSTANCESOFWHATEVER

NATURE,INCLUDINGTHERIGHTTOPERFORMBELOW SAIDDEPTHANYANDALLOPERATIONSDEEMED

NECESSARYORCONVENIENTFORTHEEXERCISEOFSUCHRIGHTS,ASRESERVEDINDEEDRECORDED MARCH31,1988,ASINSTRUMENTNO.88-95116OFOFFICIALRECORDS.

ALSOEXCEPTINGTHEREFROMALLOIL,GASANDOTHERHYDROCARBONS,GEOTHERMALRESOURCESAS DEFINEDINSECTION6903OFTHECALIFORNIAPUBLICRESOURCESCODEANDALLOTHERMINERALS,

WHETHERSIMILARTOTHOSEHEREINSPECIFIEDORNOT,WITHINORTHATMAYBEPRODUCEDFROMTHE LAND;ANDFURTHEREXCEPTINGTHEREFROMTHESOLEANDEXCLUSIVERIGHTFROMTIMETOTIMETO

DRILLANDMAINTAINWELLSOROTHERWORKSINTOORTHROUGHTHELANDANDTHEADJOINING STREETS,ROADS,ANDHIGHWAYSBELOW ADEPTHOFFIVEHUNDRED(500)FEETANDTOPRODUCE,

INJECT,STORE,ANDREMOVEFROMANDTHROUGHSUCHWELLSORWORKS,OIL,GAS,WATERAND

OTHERSUBSTANCESOFWHATEVERNATURE,INCLUDINGTHERIGHTTOPERFORMBELOW SAIDDEPTH

ANYANDALLOPERATIONSDEEMEDBYGRANTORNECESSARYORCONVENIENTFORTHEEXERCISEOF

SUCHRIGHTS(PROVIDEDTHATTHERIGHTSEXCEPTEDANDRESERVEDTOGRANTORDONOTINCLUDE

ANDDONOTEXCEPTORRESERVETOGRANTORANYRIGHTOFGRANTORTOUSETHESURFACEOFTHE LANDORTHEFIRSTFIVEHUNDRED(500)FEETBELOW SAIDSURFACEORTOCONDUCTANYOPERATIONS THEREONORTHEREIN);ASRESERVEDINDEEDRECORDEDNOVEMBER4,1994,ASINSTRUMENTNO. 94-447704OFFICIALRECORDS.

PARCEL2:

EASEMENTSFORPRIVATEROADWAYSASSETFORTHINDECLARATIONOFCOVENANTS,CONDITIONS, EASEMENTSANDRESTRICTIONSRECORDEDDECEMBER23,1983ASINSTRUMENTNO.83-304769OF

OFFICIALRECORDS,SANBERNARDINO,CALIFORNIA,ASAMENDEDBYTHATCERTAINFIRSTAMENDMENT TODECLARATIONOFCOVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATEDNOVEMBER25, 1985ANDRECORDEDDECEMBER3,1985ASINSTRUMENTNO.85-305152OFOFFICIALRECORDS,SAN

BERNARDINOCOUNTY,CALIFORNIA,ANDTHATCERTAINSECONDAMENDMENTTODECLARATIONOF COVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATEDFEBRUARY12,1986ANDRECORDED MARCH24,1986ASINSTRUMENTNO.86-75242OFOFFICIALRECORDS,ANDTHATCERTAINTHIRD

AMENDMENTTODECLARATIONOFCOVENANTS,CONDITIONS,EASEMENTSANDRESTRICTIONSDATED NOVEMBER9,1987ANDRECORDEDNOVEMBER16,1987ASINSTRUMENTNO.87-406521OFOFFICIAL

RECORDS,ANDSUPPLEMENTEDBYTHATCERTAINPRIVATEROADWAYEASEMENTANDSUPPLEMENTTO DECLARATIONRECORDEDJANUARY14,1988ASINSTRUMENTNO.88-11236OFOFFICIALRECORDS. 637

EXHIBITA
LegalDescription
PARCEL3:

ANON-EXCLUSIVEDRIVEWAYEASEMENTASDESCRIBEDINTHATCERTAINRECIPROCALDRIVEWAY AGREEMENTRECORDEDJANUARY14,1988ASINSTRUMENTNOS.88-11237AND88-11239OFOFFICIAL RECORDS.

PARCEL4:

EASEMENTSFORSEWER,WATER,ANDUTILITYFACILITIESANDINGRESSANDEGRESSASRESERVEDIN

GRANTDEEDEXECUTEDBYGRANDPRIXPROPERTIES,ACALIFORNIAGENERALPARTNERSHIP,RECORDED JANUARY19,2006ASINSTRUMENTNO.2006-38500OFOFFICIALRECORDS. 638
N
This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

Commonwealth Land Title Company
2024c
Data :

Sheet
1 of
1 Archive #
Assessor's Parcel No. :
2900 145
Scale 1 inch = 145 Feet
Plat Showing
Parcel 1: Lot 1 of Owner's Certificate No. Lla 05-011, in the City of Ontario, County of San Bernardino, State of California, Recorded July 29, 2005, as Instrument No. 2005-548593 Official Records, in the Office of the County Recorder of said County. 4400 MacArthur Blvd, Suite 800
Newport Beach, CA 92660
Phone: (949) 724-3170 Property: Concours Street, Ontario, CA Title Order No. 932403124, Preliminary Report Dated as of September 18, 2024 Reference : 0210-204-04
Drawing Date: October 03, 2024
0210-204-04-0-000
Parcel 1 (Fee, Property in Question)
LEGEND
Parcel 2 (Easement) (Un-locatable)
Parcel 3 (Easement) (Un-locatable)
Item No. 9 - Easement for public utilities and incidental purposes 04/01/1988, Instrument No. 88-96741, of Official Records Affects said land
Said Easement is not specifically delineated and is un-locatable Item No. 10 - Easement for pedestrian walkway purposes
Affects as shown on the map of said tract
Parcel 4 (Easement)
Item No. 10 - Easement for pedestrian pathway purposes
Affects as shown on the map of said tract
Item No. 10 - Easement for public utilities, and for ingress and egress, utility and access purposes
Affects as shown on the map of said tract

CONCOURS
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639
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:

A CONSTRUCTION CONTRACT WITH CLARK CONSTRUCTION GROUP -

CALIFORNIA, LP AND A CONSTRUCTION CONTRACT WITH WEST COAST

ARBORISTS FOR THE PURCHASE, INSTALLATION, AND GPS LOCATION OF THE TREES FOR THE GRAND PARK PHASE 1 PROJECT

CITY OF ONTARIO
Agenda Report
December
2, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Construction Contract D&C21-005 Grand Park Phase 1 with Clark Construction Group – California, LP, of Costa Mesa, California, for the construction of the Grand Park Phase 1 project in the amount of $107,900,000 plus contingency of $16,000,000 for a total not-to-exceed contract amount of $123,900,000; and B
.

Authorize the City Manager, or his designee, to execute Construction Contract D&C21-005 Grand Park Phase 1 - Trees with West Coast Arborists, Inc., of Ontario, California, for the purchase, installation, and GPS inventory of over 4,500 trees for the Grand Park Phase 1 Project in the amount of $4,433,460 plus a 5% contingency of $221,673 for a total not-to- exceed contract amount of $4,655,133; and
C
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project, which may include, but 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:

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:

The proposed Construction Contract with Clark Construction Group – California, LP is $107,900,000 plus a contingency of $16,000,000 for a total not-to-exceed contract amount of $123,900,000. The proposed Construction Contract with West Coast Arborist, Inc. is $4,433,460 plus 640
a 5% contingency of $221,673 for a total not-to-exceed contract amount of $4,655,133. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Park Impact Fund for the construction and tree management for the Grand Park Phase 1 project. If approved, additional appropria tion in
the Park Impact Fund and Capital Projects-Ontario Ranch Park Facilities Fund will be included in future Annual Budgets to City Council for approval as needed.

BACKGROUND & ANALYSIS:

On December 21, 2021, the City Council approved the conceptual "Great Park" Master Plan and the preliminary park design for Phase 1. Phase 1 builds upon the framework established in the Conceptual Park Master Plan and is comprised of approximately 130 acres of land and occurs within the eastern portion of Ontario Ranch. This phase is bordered by Grand Park Street to the north, Eucalyptus Avenue to the south, Haven Avenue on the east and Archibald Avenue on the west. This portion of the park contains meadows, trails, and a field for recreational use that also serves as a stormwater capture system. Day one core park amenities are proposed in the center of this phase include a Market Alley where farmers' markets, food trucks and community events can be organized, a community barn and farm hub, kid's corral (a children's playground), a 5,000-capacity amphitheater along the central plaza, and parking lots with a total of 1,095 parking spaces for park patrons.

Construction of the Grand Park Phase 1 Project
On October 21, 2025, four (4) bids were received for Bid No. 1943 – D&C21-005 Grand Park. The bids ranged from $107,900,000 to $124,154,000. The bids are summarized below:

Bidder
Location
Amount
Clark Construction Group - California,
LP
Costa Mesa, CA
$107,900,000
Bernards Bros., Inc
Ontario, CA
$108,818,000
KPRS Construction Services, LLC
Brea, CA
$114,250,000
Griffith/Act 1 Joint Venture
Brea, CA
$124,154,000

On October 27, 2025, the City received a protest letter from Bernards Bros., Inc. stating that Clark Construction Group – California, LP did not fill out the bid forms correctly. They also stated that due to Ontario’s local preference ordinance, Bernards Bros., Inc. should get a 2% advantage, which would make Bernards Bros., Inc. the lowest bidder. The City responded to Bernards Bros., Inc. in a letter dated November 17, 2025, stating that the protest is without merit. The City determined that the issue raised pertained to the bid forms and the bidder’s responsibility, which refers to the bidder’s trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the public works contract. The City also determined that the issue of the 2% advantage is only for the purchase of goods and not for Public Works construction projects.

On October 27, 2025, the City received protest letters from KPRS Construction Services, LLC protesting all other bidders. The City responded to KPRS Construction Services, LLC in a letter dated November 17, 2025 stating that the protest is without merit.

City Staff concluded that Clark Construction Group – California, LP met all bidding requirements and all irregularities are waived. Staff recommends that the protests from Bernards Bros., Inc. and KPRS 641
Construction Services, LLC, be rejected and award Construction Contract D&C21-005 Grand Park Phase 1 to Clark Construction Group – California, LP as they were the lowest responsive and responsible bidder by submitting a bid that met all the required specifications, credentials, pricing, favorable reference checks, ability to perform the work in a timely manner, and their successful completion of this type of work in the past.

Purchase, Installation, and GPS Inventory of Trees for the Grand Park Phase 1 Project Staff recommends awarding the Construction Contract to West Coast Arborist, Inc. based on their 25 years of experience working as the Arborist firm contracted by the City for tree maintenance and inventory management and providing services that they solely provide. West Coast Arborist, Inc. uses software called Arbor Access for GPS inventory of all trees in Ontario, which is a proprietary system. Exercising the option to sole source with West Coast Arborist, Inc. will allow for the purchase, install, and GPS inventory of the trees for Grand Park and provide service continuity throughout the City.

Ontario’s Grand Park is anticipated to be operational by Summer of 2027. 642
City of Ontario Administrative Specifications Page 60

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. D&C21-005 Grand Park Phase 1 is made and entered as of , by and between City of Ontario, w ith its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and Clark Construction Group – California, LP, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

D&C21-005 GRAND PARK PHASE 1
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FO R COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 547 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Seven Million Nine Hundred Thousand Dollars ($107,900,000). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Sc hedule.

PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
J
IM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
643
City of Ontario Administrative Specifications Page 61
ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety.

These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ART
ICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
644
City of Ontario Administrative Specifications Page 62
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

A
RTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsi ty of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
645
IN WITNESS WHEREOF, this Contract has been duly executed by the above- named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
AT
TEST:

By:

Sheila Mautz, City Clerk
APPR
OVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
Clark Construction Group California - LP
By:

Its:

Printed Name:
[

DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________

Contractor’s License Number and
Classification
____________________________________

DIR Registration Number
[IF

CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]

END OF CONTRACT
City of Ontario Administrative Specifications Page 63 646

SECTION 00500 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. ________ is made and entered as of ____________, by and between City of Ontario, with its principal place of business at 303 East “B” Street, Ontario, CA 91764, sometimes hereinafter called the “City” and West Coast Arborists, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documen ts as specified in Article 5, below, for the following Project:

Grand Park Phase 1 – Tree Installation
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 695 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million Four Hundred Thirty- Three Thousand Four Hundred Sixty Dollars ($4,433,460). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

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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ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $0.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
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ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

West Coast Arborists, Inc.

By:

Its:

Printed Name:

[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER
REQUIRED]

END OF CONTRACT
650