Agenda packet — Ontario City Council, January 20, 2026 (part 3 of 8)

Date
Certification & Legal Disclosure
Executive Vice President & General
Counsel 5/6/25
National Community Renaissance of California will be the developer, general contractor, property manager and managing member of the LLC (NCRC Ontario 2 MGP LLC), and the managing general partner of the LP (NCRC Ontario 2 LP) for the project within this application.

On behalf of the entity identified in the signature block below, I certify that:

1. The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct.

2. I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

3. The following is a complete disclosure of all identities of interest - of all persons or entities, including affiliates, that will provide goods or services to the Project either (a) in one or more capacity or (b) that qualify as a "Related Party" to any person or entity that will provide goods or services to the Project. "Related Party" is defined in Section 10302 of the California Code of Regulations (CTCAC Regulations):

4. As of the date of application, the Project, or the real property on which the Project is proposed (Property) is not party to or the subject of any claim or action at the State or Federal appellate level.

5. I have disclosed and described below all claims or actions undertaken by or against the Applicant(s), the Project, or the property.

In addition, I acknowledge that all information in this application and attachments is public, and may be disclosed by the State.

Robert Diaz
001_AHSC Application Workbook_Ontario 56 of 64 Certification & Legal 494
Articles of Organization (CA Secretary of State form LLC-1).

Certificate of Amendment (CA Secretary of State form LLC-2) if applicable.

Restated Articles of Organization (CA Secretary of State form LLC-10) if applicable.

Certificate of Correction (CA Secretary of State form LLC-11) if applicable.

Statement of Information (CA Secretary of State form LLC-12 or LLC-12NC).

Operating Agreement (Corp. Code §17707.02(s) and 17701.10).

Certificate of Good Standing certified by Secretary of State. Certificate of Good Standing must be dated 30 days or less from the application due date.

Limited Partnerships
Corporate Entities
Articles of Incorporation (Corp. Code §154, 200 and 202) as certified by the CA Secretary of State.

Bylaws and any amendments thereto (Corp. Code §207(b), 211 and 212).

Certificate of Amendment of Articles of Incorporation (Corp. Code §900-910 (general stock), §5810-5820 (public benefit and religious corporations), §7810-7820 (mutual benefit corporations), or §12500-12510 (general cooperative corporations)) as applicable.

Restated Articles of Incorporation (Corp. Code §901, 906, 910 (general stock), §5811, 5815, 5819 (public benefit and religious corporations), §7811, 7815 and 7819 (mutual benefit corporations) and §12501, 12506 and 12510 (general cooperative corporations)) as applicable.

Statement of Information (CA Secretary of State form SI-100 or SI-200).

Shareholder Agreements (Corp. Code §186) if applicable.

Certificate of Good Standing certified by Secretary of State. Certificate of Good Standing must be dated 30 days or less from the application due date.

Limited Liability Companies
Certificate of Limited Partnership (CA Secretary of State form LP-1).

Amendment to Certificate of Limited Partnership (CA Secretary of State form LP-2) if applicable.

Certificate of Correction (CA Secretary of State form LP-2) if applicable.

Limited Partnership Agreement (CA Corp. Code §15901.02(x) and 15901.10).

Amended and Restated Limited Partnership Agreement.

Certificate of Good Standing certified by Secretary of State.

Tribal Entity
Tribe Formation Documents (Constitution, Charters, etc.).

Federal Register of Indian Entities Recognized (81 Fed Reg. 26826) if applicable.

BIA Federal Acknowledgment Petitioner List (CFR Section 83.1 of Title 25) if applicable.

Contact List maintained by the Native American Heritage Commission (GC Section 65352.3) if applicable.

Entity Organizational Documents
Organizational Charts
The following is intended as a brief summary of legal documents commonly required to verify the legal authority of the private entity or entities applying to HCD for an Award of funds and does not apply to public applicants. Documents required to apply for funds (threshold requirements) are legally distinct from those required to enter into a Standard Agreement or to receive bonus points. For projects receiving an Award of HCD funds, additional documents, or corrections, may be required prior to execution of the Standard Agreement.

Complete organizational charts are required for the Sponsor/Recipient, Borrower, MGP and AGP (if different from the Sponsor).

Organizational Documents
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Full list of Uploads

FILE NAME FILE DESCRIPTION
001. AHSC Application Workbook AHSC Application Excel Workbook. Included Project Overview
002. Tribal Entity Waiver Modifications or waivers as provided for in HSC §50406, subdivision (p) (Assembly Bill 1010, Chapter 660, Statutes of 2019) Not Applicable
003. Indian Country Verification Documentation verifying land is located in Indian Country as defined by 18 USC 1151. Not Applicable 004. Fee or Trust Land Verification Documentation verifying land is located on Fee or Trust Land. Not Applicable 005. Tribal Land Use Approvals or
Entitlements Provide documentation for all land use approvals or entitlements required by tribal law. Not Applicable 006. AB 1550 (BAT) Applicable CARB Priority Population Benefit Assessment Tools (BAT) Included
007. FBH Proposal Proposal from Factory-Built Housing provider Not Applicable 008. Project Area Map
Map the items as outlined in the Project Area Mapping Guide. Items marked with (PAM) in this application must be identified on the Project Area Map (PAM)" File must be submitted in a KML/KMZ format.

Included
009. SCS Consistency Confirmation
Document from MPO or equivalent planning agency confirming consistency with activities or strategies identified in the SCS, APS, or equivalent planning document that demonstrates a per capita reduction in VMT and GHG, per §103.1(f)(1).

Included
010. Master Development Plan For AHD's that are part of a master-planned development provide the master development plan and any amendments. Not Applicable
011. Joint Use Agreement For AHD's that are part of a master-planned development provide the joint use agreement which demonstrates shared costs amongst all phases. Not Applicable 012. Opportunity Area
Documentation of TCAC/HCD Opportunity Area status either (1) at time of application, or (2) when initial site control (pursuant to UMR §8303(a)) was obtained, if a TCAC/HCD Opportunity Area Map exists for that year.

Included
013. Tax Credit Reservation Letter If the Project has already received a tax credit reservation, upload documentation. Not Applicable 014. Project Demolition Provide a copy of the written order issued by a state or local governmental agency. Not Applicable 015. PNA and/or CNA PNA and/or CNA prepared by a qualified independent third party contractor. (rehab only) Not Applicable 016. Rent Roll Current rent roll, including household income & size for each unit. (rehab only) Not Applicable 017. Lead Based Paint Lead Based Paint Report. (for structures built prior to 1978) (rehab only) Not Applicable 018. Mold Report Mold Report. (rehab only) Not Applicable 019. Asbestos Report Asbestos Report (for structures built prior to 1978) (rehab only). Not Applicable 020. Relocation Plan Applicants must provide a Relocation Plan prepared by an independent third party. Not Applicable 021. AHD Site Control
Documentation of site control in accordance with UMR §8303, including a summary explanation of site control and values for applications with multiple or non-contiguous parcels, scattered sites, lot line adjustments, phased projects, or other complex land and acquisition transactions.

Included
022. AHD Preliminary Title Report Preliminary Title Report, that is prepared or updated no earlier than 30 days prior to the application due date for the AHD Project. Included
023. AHD Site Control Org Docs Where Site Control is in the name of another entity, documentation, which clearly demonstrates the Applicant control (i.e., the entity’s organizational documents), is required. Not Applicable 024. AHD Phase I Environmental Site
Assessment
Submit a Phase I ESA, prepared or updated no earlier than 12 months prior to the application due date.

If the Phase I ESA reveals known or potential contamination, a Phase II ESA will be required.

Tribal Entity Applicant is exempt when proposing a Capital Project located in Indian Country.

Included
025. AHD Phase II Environmental Site
Assessment
Submit a Phase II ESA prepared or updated no earlier than 12 months prior to the application due date if the Phase I ESA reveals known or potential contamination.

Tribal Entity Applicant is exempt when proposing a Capital Project located in Indian Country.

Included
026. AHD Local Approvals
Local Approvals and Environmental Review Verification form(s) completed and signed by local authority or Responsible Entity, if different from jurisdiction. Included 027. AHD Environmental CEQA Copy of all environmental clearances (e.g. Environmental Impact Report). Included 028. AHD Environmental Exemption Verification from the locality approving the exemption (e.g. Resolution). Included 029. AHD No Ag Demonstrate the AHD site is not within land designated as Agricultural Land per FMMP tool. Included HCD Excel Application
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030. AHD Ag Exempt Applicants seeking an exemption to the FMMP determination must demonstrate that the AHD Project site qualifies as an Infill Site. Not Applicable
031. HRI Offsite No Ag Demonstrate the HRI site is not within land designated as Agricultural Land per FMMP tool. Not Applicable 032. HRI Offsite Ag Exempt Applicants seeking an exemption to the FMMP determination must demonstrate that the HRI Project site qualifies as an Infill Site. Not Applicable
033. Current Contract Rents
Projects proposing project-based rental assistance: Provide documentation of current contract rents for HAP, Shelter Plus or other source, as applicable. Not Applicable 034. Operating Subsidy Commitment Documentation evidencing commitment of Operating Subsidies including source, term (in years), total subsidy amount, and estimated first year allocation. Not Applicable 035. Utility allowance Schedule of utility allowances. Included 036. Rural Planned Transit Letter
If proposing planned transit the Applicant must submit a letter on transit agency letterhead signed by an authorized signatory affirming that the planned Transit Station/Stop will be served by transit service that meets the criteria of Qualifying Transit or High Quality Transit and will be operational by the AHD certificate of occupancy issuance.

Not Applicable
037. Rural Status Determination TCAC Method for determining rural status. Not Applicable 038. Transit Service Map Provide the Published Transit Service Map of the Qualifying Transit line. Included 039. Transit Service Schedule Upload the service schedule for Qualifying Transit only. All transit service schedules should be uploaded to "Transit Service Schedule" as one document. Included 040. Net Density Verification Letter and sealed site map certified by a California State-licensed professional (e.g., an engineer, surveyor, or landscape architect) confirming the net density. Included 041. All Electric Design
Document affirming that the proposed Affordable Housing Development, or Mixed-Use Development in the case that non-residential uses are included, are powered entirely through electricity with no connections to natural gas infrastructure.

Included
042. Internet Service (other funding source) If using another funding source to fund the required internet service, name the other source and the amount with developer Applicant signature. Not Applicable 043. AHD-HRI Market Study Provide a completed market study prepared within one year of the application due date and consistent with MHP guidelines §7309(c). Included
044. SFH Lease Addendum Submit a draft of the development’s Smoke Free Housing lease addendum. Included 045. HRI-1 / HRI-2 Agreement/Letter Provide an executed agreement or letter with the Locality or transportation agency detailing the work agreed upon for the completion of the HRI components. Not Applicable 046. HRI-1 / HRI-2 Past Exp An executed agreement from a public works or other Locality department certifying the satisfactory completion of similar infrastructure improvements. Not Applicable 047. HRI-1 / HRI-2 Site Control Appropriate documentation to demonstrate the form of site control indicated for HRI. (Offsite or No AHD funds requested only) Not Applicable
048. HRI-1 / HRI-2 Environmental Copy of all environmental reports and clearances (e.g. EIR, Phase 1 Notice of Exemption). (Offsite or No AHD funds requested only) Not Applicable
049. HRI-1 / HRI-2 Cap Improvements Req Documentation from a Locality, transit agency or special district that capital improvements are required. Not Applicable 050. HRI-1 / HRI-2 Impact Letter from Locality identifying impact fees associated with the proposed HRI Capital Project. Not Applicable 051. HRI-1 / HRI-2 Onsite Energy Storage Documentation certified by an energy consultant or architect. Not Applicable 052. HRI-1 / HRI-2 Local Approvals
Statement from entity indicating the HRI Capital Project is consistent with all applicable local rules, regulations, codes, policies and plans enforced or implemented by that entity. (Offsite or No AHD funds requested only)
Not Applicable
Applicants
053. App1 Cert & Legal Disclosure Reference: Applicant Certification Worksheet. Included 054. App1 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Included 055. Past Exp TCAC List AHD1 For CA Tax Credit Projects provide copy of the TCAC Project Mapping list identifying the project used for experience. Included
056. Past Exp RA AHD1 Non-Tax Credit Projects Regulatory Agreement. Not Applicable 057. Past Exp TCAC List AHD2 For CA Tax Credit Projects provide copy of the TCAC Project Mapping list identifying the project used for experience. Included
058. Past Exp RA AHD2 Non-Tax Credit Projects Regulatory Agreement. Not Applicable 059. Public Agency Commitment For Projects where the Public Agency is not a joint Applicant: Provide a commitment to enter into a contractual agreement to develop the Project. Not Applicable 060. App2 Cert & Legal Disclosure Reference: Applicant Certification Worksheet. Included 001_AHSC Application Workbook_Ontario 59 of 64 Upload Checklist 497
061. App2 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Not Applicable 062. App3 Cert & Legal Disclosure Reference: Applicant Certification Worksheet. Not Applicable 063. App3 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Not Applicable 064. App4 Cert & Legal Disclosure Reference: Applicant Certification Worksheet. Not Applicable 065. App4 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Not Applicable 066. Owner Cert & Legal Disclosure Reference: Applicant Certification Worksheet. Included 067. Owner OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Included 068. Owner Org Chart Project Ownership Structure Included 069. MGP Cert & Legal Reference: Applicant Certification Worksheet. Included 070. MGP OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Included 071. AGP1 Cert & Legal Reference: Applicant Certification Worksheet. Not Applicable 072. AGP1 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Not Applicable 073. AGP2 Cert & Legal Reference: Applicant Certification Worksheet. Not Applicable 074. AGP2 OrgDoc1, OrgDoc2, etc. Reference: Entity Org Docs Worksheet. Not Applicable Operating
075. Op Exp Compare
Submit at least 3 operating expense comparables for similar projects located in the same market area.

Projects should be affordable housing projects similar in size, type, amenities, and population to the proposed project. One comparable may be submitted for a 100% market rate Project if unable to locate affordable housing comparables. The most recent two years audited statements for each comparable is preferred, if available. Additional information may be required.

Included
076. Hazard Insurance Quote Provide a hazard insurance quote or other documentation to support insurance costs included in the Operating Budget. Included
STI Project Overview
077. STI-1 Agreement/Letter, STI-2 etc. Provide an executed agreement with the Locality or transportation agency detailing the work agreed upon for the completion of the STI components. Included 078. STI-1 Past Exp, STI-2 etc. Where the party making improvements funded by AHSC is not a public entity, an executed agreement from a public agency certifying the satisfactory completion of similar infrastructure improvements. Included 079. STI-1 Site Control, STI-2 etc. Appropriate documentation to demonstrate the form of site control indicated. Included 080. STI Environmental If available at time of application, copy of all environmental clearances (e.g. Environmental Impact Report) or Notice of Exemption. Not Applicable
081. STI Local Approvals Statement from entity indicating the STI Capital Project is consistent with all applicable local rules, regulations, codes, policies and plans enforced or implemented by that entity. Included 082. STI No Ag Demonstrate the STI site is not within land designated as Agricultural Land per FMMP tool. Included 083. STI Ag Exempt Applicants seeking an exemption to the FMMP determination must demonstrate that the STI Project site qualifies as an Infill Site. Not Applicable
084. STI-1 EFC, STI-2 etc. Supporting documentation for the non-AHSC STI funding commitments. Included 085. STI Cap Project Costs Documentation showing Capital Project costs are required as a condition of local approval for STI. Not Applicable PGM Project Overview
086. PGM-1 EFC, PGM-2 etc. Supporting documentation for the non-AHSC PGM funding commitments. Not Applicable Certifications Sheet/Tab
087. AB 680 Exemption Fed Award Copy of the federal grant award letter, loan agreement, or contract. Not Applicable 088. AB 680 Exemption Fed Allocation Proof of federal fund disbursement or allocation (e.g., a receipt or official funding report). Not Applicable 089. AB 680 Exemption Fed Narrative Brief narrative explanation of how the federal funding is directly related to the project. Not Applicable 090. AB 680 Exemption Conduct Research A narrative including 1) a justification that research activities are a primary and necessary purpose of the Project (one page minimum) and 2) a summary of research including objectives and methods. Not Applicable 001_AHSC Application Workbook_Ontario 60 of 64 Upload Checklist 498
091. AB 680 Exemption Tech Assistance
A narrative including 1) a summary of technical assistance to be provided including goals, target population, and services; 2) a justification that technical assistance is a primary and necessary purpose of the Project (one page minimum); and 3) a description of alignment with the Strategic Growth Council’s definition of Technical Assistance.

Not Applicable
092. AB 680 Exemption Not Employer A signed statement that the Applicant is not an employer, as defined in the CCI Funding Guidelines. Not Applicable 093. AB 680 Not Exempt Attestation Attestation confirming compliance with applicable labor laws and labor-related commitments. Not Applicable 094. AB 680 Not Exempt Emp Policy Provide the Applicant’s responsible employer policy. Not Applicable 095. AB 680 Not Exempt Inclusive Proc
Policy
Provide the inclusive procurement policy that outlines approach to prioritizing bids from entities that demonstrate the creation of high quality jobs, or the creation of jobs in Priority Populations or California tribes.

Not Applicable
096. AB 680 Not Exempt Prev Wage Stmt Signed statement that the Applicant will comply with prevailing wage requirements for any construction work associated with the Project. Not Applicable
097. AB 680 Not Exempt CWA
Copy of existing CWA that includes a targeted hire plan demonstrating how the applicant will provide high quality jobs for priority populations or California tribes and how the applicant will ensure access to high quality jobs. - OR-
Letter of intent detailing CWA provisions and signed by all anticipated parties to the agreement Not Applicable
Quantitative Policy Scoring Sheet/Tab
098. Local Transit Route Improvements
Identify on Project Area Map (PAM) or provide scope of work identifying the proposed locations for the improvements to the local transit route identified in §111Quantitative Policy Scoring (a)(5) along the one transit route. If improving multiple transit routes, provide one map for each of the routes.

Included
099. Housing and Transportation
Collaboration
Provide evidence that the Project is part of a related Strategic Growth Council project, or located within an environmentally cleared High Speed Rail Station Planning Area as identified in §111 Quantitative Policy Scoring (b)(2)(A-B).

Included
100. Publicly-Owned Land-Ownership
Provide evidence that the Project is on land directly acquired from a state agency or any land declared as Surplus Land by a local agency as identified in §111 Quantitative Policy Scoring (b)(2)(C-D).

For Projects on Surplus Land ONLY, provide an exempt surplus findings letter or standard surplus disposition findings letter from HCD. See §111 Quantitative Policy Scoring (b)(2)(D)(i).

Not Applicable
101. BMR Disposition
If Excess Land, provide evidence of below-market disposition of the site by a public agency. If Surplus or Exempt Surplus Land pursuing points for BMR disposition, provide evidence of below-market disposition of the site by a public agency. For public lands disposed of by the State pursuant to Executive Order N-06-19, submission of an Exclusive Negotiating Agreement or Lease Option Agreement entered into by the sponsor and the Department of General Services with the consent of the Department of Housing and Community Development is sufficient evidence of a land donation or equivalent.

Not Applicable
102. EFC AHD HRI1; EFC AHD HRI2; EFC
AHD HRI3; etc.

Provide all commitment letters or other evidence documenting deferred payment permanent financing and operating subsidy commitments, plus Equity Investor if known at time of application. Included 103. AD Commitment Letter
All proposals in partnership with a non-profit or locality must complete the AHSC Commitment Letter Template (available on AHSC Guidelines page) to describe how each program or activity will be implemented.

Included
104. Assessment Housing Needs
Optional: Applicants may submit the AHSC Anti Displacement Tool or reference the jurisdiction’s housing element, other research, community feedback, or other existing documents to develop an assessment of the housing needs and displacement vulnerability for the communities overlapping the Project Area.

Included
105. Workforce Strategy A
Partnership with a Workforce Development Organization or a Workforce Development Board:

Applicants must provide the following requested in §111 Quantitative Policy Scoring (e)(1)(A) and verifiable documentation in a letter jointly signed by the Applicant and the external organization.

Included
106. Workforce Strategy B
Project is bound by a Skilled and Trained Workforce Commitment: Applicants must provide the following requested in §111 Quantitative Policy Scoring (e)(1)(B) and verifiable documentation in a letter jointly signed by the Applicant and the external organization.

Included
107. Workforce Strategy C
Projects that have developed a Project Labor or Community Workforce Agreement: submit the information and verifiable documentation requested in §111 Quantitative Policy Scoring (e)(1)(C) in a letter jointly signed by the Applicant and external organization.

Not Applicable
108. Workforce Strategy D Projects that are located in jurisdictions with Local Hire Ordinances: submit the information and verifiable documentation requested in §111 Quantitative Policy Scoring (e)(1)(D) in a letter. Not Applicable Narrative-Based Policy Scoring
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109. Narrative Prompts
Provide a response to each prompt as outlined in the Narrative Prompts document. The responses must be uploaded as a PDF and must follow the stated word counts. See Narrative Scoring Rubric document for guidance in completing Narratives.

Included
110. Climate Matrix AHSC Round 9 Climate Adaptation Assessment Matrix. Included 111. Cal-Adapt Report Provide Cal-Adapt Local Climate Change Snapshot Report. See Climate Matrix Table 1 for instructions on how to generate. Included
112. CalEnviroscreen 4.0 Map Provide CalEnviroscreen 4.0 Map displaying the indicators of the AHD site. See Climate Matrix Table 1 for instructions on how to generate. Included
113. BAM Floodplain Provide BAM Floodplain Information Printout. See Climate Matrix Table 1 for instructions on how to generate. Included
114. Green Building Status
Provide a signed letter from the Project architect, energy analyst, and/or sustainability consultant stating the commitment to achieve green building status beyond State mandatory building code. Specify the Certification the AHD commits to. As available, applicants can list the adaptive measures from the Climate Matrix that are part of the preliminary score, prerequisite(s), and/or checklist for the Green Building status.

Included
115. Fire Hazard Severity Zone Provide a screenshot of the Fire Hazard Severity Zone of the AHD. See Climate Matrix Table 1 for instructions on how to generate. Included
116. Wildfire Risk Tool Provide a screenshot of the Wildfire Risk of the community around the AHD. See Climate Matrix Table 1 for instructions on how to generate. Included
117. OCOF Hazard Map For Coastal Counties only, provide a screenshot of the Flooding and Maximum sea-level rise from the OCOF tool. See Climate Matrix Table 1 for instructions on how to generate. Not Applicable 118. Cal-Heat Tool Provide the Screenshot from the Cal-Heat Health Action Index. See Climate Matrix Table 1 for instructions on how to generate Included
119. Community Tracker Provide a completed AHSC Round 9 Community Engagement Tracker. Included 120. Community Needs Letter of support from local community-based, grassroots organization describing the community engagement process and how feedback from local residents was incorporated into the Project. Included 121. Future Engagement
Optional: Submit supporting documentation to demonstrate future engagement with either a CBO or residents (i.e. any engagement plans, agreements, etc.). Can be included as part of the Community Needs upload if it is the same CBO.

Included
122. Local Planning Efforts
Applicants should link the relevant plans as available in Table 1 under “Local Planning Efforts” in the Narrative Prompts document. If a link is not available, then Applicants should provide a single PDF with the cover page of the plan and relevant pages of the plans referenced in the Local Planning Efforts Section.

Included
123. Site Plan Provide the most current site plan. Included CARB GHG & Co-Benefits Quantification
124. AHSC Benefits Calculator Tool Completed AHSC Benefits Calculator Tool, with worksheets applicable to the Project and all fields in the GHG Summary and Co-benefits Summary tabs populated. Included 125. GHG Affordable Housing Inputs
Signed letter from the AHD Project Developer documenting inputs in the Affordable Housing Tab of the AHSC Benefits Calculator Tool. Follow this link for specific requirements and template. Included 126. GHG Shared Mobility Inputs
Signed letter from shared mobility provider documenting inputs in the Shared Mobility Tab of the AHSC Benefits Calculator Tool. Follow this link for specific requirements and template. Included 127. GHG Solar PV Inputs
Signed letter from licensed professional documenting inputs in the Solar PV Inputs Tab of the AHSC Benefits Calculator Tool and results from PVWatts Calculator. Follow this link for specific requirements and template.

Included
128. GHG Transit Inputs
Signed letter from transit agency documenting inputs in the Transit Inputs Tab of the AHSC Benefits Calculator Tool. Follow this link for specific requirements and template. Included Additional Documents
129. Service Amenity List
Projects that do not include Special Needs Units shall provide service amenities sufficient to achieve a minimum score of 7 points pursuant to TCAC Regulations, as set forth in CCR Title 4 Section 10325(c)(4)(B)List of service amenities qualifying for TCAC points, include service amenity name, number of service hours, and amount of TCAC points earned.

Included
130. AHD Appraisal If land cost or value is included in the development budget, an appraisal report supporting the cost or value is required. Included
131. Construction EFC Provide all commitment letters or other evidence documenting construction financing commitments. Included 001_AHSC Application Workbook_Ontario 62 of 64 Upload Checklist 500
132. Cert-Legal Explanation Letter of Explanation(s) for Certification & Legal "Yes" answers, red shaded items, or as clarification deemed necessary by the Applicant(s) for information included in this application. Included 133. LOE Submit a letter of explanation providing details for all "Not Included" answers that are shaded red in the application. Not Applicable

END OF DOCUMENT
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Application Development Team (ADT) Support Form 3/25/25 Date Requested: Application
Version Date:

Issue # Urgency ADT Status Status Date
Organization: Email: Contact Phone:

Please complete the "yellow" cells in the form below and email along with a copy of the application workbook to: [email protected]. A member of the Application Development Team will respond to your request.

Full Name: 3/25/25
Section
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7 8
10 9
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FINANCIAL SERVICES

GRANT MANAGEMENT

NEW AWARD FORM
Add this form and the following documents to the Award's Attachments in Workday. • Grant Award Letter
• Grant Agreement
• Budget Change Request Form

8. Is this a Subaward?
Yes No
Yes
Yes No

1. Name of Award

2. Description of Award
Org: July 2022 Rev: June 2025
• City Council Agenda Report (if the award is over $150,000) • Any Additional Supporting Documentation

28. Date
Fill out this form in its entirety. Hover cursor over a line item to see more information.

Award & Grant Management Questions - [email protected]

3. Award Start Date

4. Award End Date

5. Date Signed

6. Sponsor Award Reference number

7. CDFA Number/Assistance Listing
Number (Federal Awards Only)

9. Prime Sponsor (if Subaward)

10. Bill-To-Sponsor

11. Bill-To Sponsor Address

12. Amount Awarded by Sponsor

14. Is this Grant applicable for Indirect Cost?

15. Is Cost Share Required by Sponsor?

16. Cost Share Amount

18. Funding Basis
Yes No

13. Admin Fees Withheld
(If none put N/A)

20. Workday Cost Center

22. Is this a Recurring Award?
No (if “No” is selected, skip fields 16-17)

17. Cost Share Source

19. Award Hierarchy

21. Workday Fund

23. Does this Award have a Subrecipient?

24. Name of Subrecipient (if applicable)

25. Fiscal Reporting Requirement

26. Grant Manager and Extension

27. Prepared By
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01/05/2026
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Program Manager
12/17/2025
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Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED COMPUTER AND

NETWORK EQUIPMENT AND SERVICES

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute a pre-authorized vendor list to provide computer and network hardware and services to maintain and support the City’s technology infrastructure.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The designation of the pre-authorized vendors to provide parts and equipment does not aﬀect appropriations and does not commit the City to any speciﬁc level of future expenditures with these vendors.

Expenditures for each vendor, and in total for each ﬁscal year, will not exceed the Information Technology Agency’s appropriations limit established by the City Council.

BACKGROUND & ANALYSIS:

The Information Technology Agency has standardized computer, networking, and technology infrastructure hardware to ensure compatibility, reliability, and cost eﬃciency across City operations. When feasible, hardware is procured directly from manufacturers such as Dell and Konica Minolta Business Solutions USA, Inc., which eliminates third-party markups and results in cost savings to the City.

In instances where direct manufacturer procurement is not available or additional technical product/solution expertise is needed, the City follows its established purchasing process.

Over the years, certain vendors (Carahsoft Technology Corp, CDWG, Convergint Technologies LLC, Dell, Konica Minolta Business Solutions USA Inc., Sidepath Inc., American Threat Assessment Consulting (ATAC), and SmartWave Technologies LLC) have consistently provided the best pricing, expertise, high-quality products, prompt turnaround times, and reliable customer service.

During Fiscal Year 2024-25, expenditures were distributed among the following vendors based on operational needs and procurement requirements. The cumulative cost across all vendors for FY 2024-25 totals $5,859,473.

These vendors have consistently met the City’s technical, pricing, and 535
service expectations. Staﬀ requests City Council approval to establish the following list of pre- authorized vendors:

Sole Source Vendors
Non-Sole Source Vendors
Dell
CDWG
Konica Minolta Business Solutions USA, Inc.

Sidepath, INC

Carahsoft Technology Corp.

Convergint Technologies, LLC

American Threat Assessment Consulting (ATAC)

Smartwave Technologies, LLC
536
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting: Colin Fernandes,
Executive Director Information Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

A LICENSE AGREEMENT FOR MICROSOFT 365 SUBSCRIPTION WITH CRAYON

SOFTWARE EXPERTS LLC

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute a three-year License Agreement with Crayon Software Experts LLC, of Dallas, Texas, for a Citywide Microsoft 365 Subscription, in an amount not-to-exceed $2,203,338.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2025-26 Adopted Budget includes appropriations from the Information Technology Fund for an annual subscription and support service of Microsoft 365 products. The proposed License Agreement has an annual amount not-to-exceed $734,446, which includes a yearly subscription fee of $612,038 plus a 20% contingency amount of $122,408 for additional user licenses, if needed, with a total contract not-to-exceed amount of $2,203,338 for three-year term. If approved, appropriations will be added to the future years' budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

Microsoft 365 is a cloud-powered productivity platform that includes applications such as Microsoft Word, Excel, PowerPoint, Outlook, and Teams. The City has leveraged Microsoft's productivity suite for over 25 years, and the Microsoft 365 suite ensures the
City is on the latest and most up to date version of these apps which play a major part in serving the citizens, businesses, and partners of the City.

As technology demands continue to increase, the
City is able to leverage Microsoft 365 to meet such demands by utilizing the latest features and functionality released by Microsoft to optimize workflows and provide efficiency in City operations.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. The City is leveraging the Riverside County Microsoft Enterprise Agreement (#8084445) to secure discounted pricing. Staﬀ requests City Council approval for a not-to-exceed amount of $2,203,338 for a three- year term.
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
Enrollment Number TBD
Customer Name City of Ontario
Quote Date: 12/18/2025
Coverage Start: 3/1/2026
Coverage End: 2/28/2029
$2.00
Part Number Description Months
Remaining Qty Annual Net
Unit Price Extended Total
Enterprise Products
AAD-34704 M365 G3 Unified FUSL GCC Sub Per User 12 1230 $387.57 $476,711.10 AAL-45735 M365 G5 GCC Sub Per User 12 50 $613.66 $30,683.00 Additional Products
4ES-00001 EOA Exchange Online GCC Sub Per User 12 750 $28.38 $21,285.00 EP2-24658 M365 Copilot GCC Sub Add-on 12 10 $367.02 $3,670.20 AAD-63092 M365 F3 Unified GCC Sub Per User 12 750 $83.56 $62,670.00 M9T-00002 O365 Extra File Storage GCC Sub Add-on Extra Storage 1 GB 12 20 $2.20 $44.00 7VX-00001 Planner & Project P5 GCC Sub Per User 12 5 $503.31 $2,516.55 DDJ-00001 Power BI Pro GCC Sub Per User 12 20 $100.56 $2,011.20 NYH-00001 Teams AC with Dial Out US/CA GCC Sub Add-on 12 1980 $0.00 $0.00 VA1-00001 Teams Rooms Pro GCC Sub Per Device 12 2 $430.64 $861.28 $600,452.33
Description Part Number Purchase
Period Qty Customer
Price Extended Total
Additional Products
7NQ-00292 SQL Server Standard Core ALng SA 2L 1 Yr(s) Remaining 6 $649.38 $3,896.28 QEK-00003 Visual Studio Pro with GitHub ALng SA 1 Yr(s) Remaining 1 $309.28 $309.28 9EA-00278 Win Server DC Core ALng SA 2L 1 Yr(s) Remaining 48 $139.47 $6,694.56 9EM-00270 Win Server Standard Core ALng SA 2L 1 Yr(s) Remaining 32 $21.41 $685.12 $11,585.24
$612,037.57
$1,836,112.71
Standard Pricing Terms
** Pricing Expires in 30 days from date of quote **
** All items included in this RFQ are new, unused, not refurbished, with original manufacturer warranty.** ** Enterprise Agreements are direct billings from Microsoft. Please make out purchase orders to Microsoft Corporation** ** Pass-Through Warranty and Other Rights.**
As a reseller, end-user warranties and liabilities (with respect to any third party software products provided by Crayon Software Experts) shall be provided as a pass-through from the manufacturer of such products.

All software products are subject to the license agreement of the applicable software supplier, as provided with the software packaging or in the software at time of shipment

1. Pricing and availability on quotes subject to change without notice.

2. Crayon Software Experts reserves the right to correct errors on quotes where applicable.

3. Applicable Taxes and Delivery are Extra and will be calculated and posted on final invoice.

4. Errors & Omissions Excluded.

5. Changes to a quote are subject to written acceptance by Crayon Software Experts.

6. Please see our website for return details: http://www.crayon.com/en-us/about-us/return-policy/ 3 Year Total:

Quote Details
Months Remaining 12
1 Year Total:

Coverage Period: 3/1/2026 - 2/28/2029
# Crayon Group - Internal Only
555

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Program Signature Form
MBA/MBSA number

Proposal ID
Agreement number

Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new.

For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement.

This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below.

Contract Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Agreement> Document Number or Code
<Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code <Choose Enrollment/Registration> Document Number or Code Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
Document Description Document Number or Code
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents.

Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
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Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable) Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form.

After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.

Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
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Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete)

This Enrollment must be attached to a signature form to be valid.

This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form.

This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Microsoft Products and Services Data Protection Addendum, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.

All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control.

Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect.

Term. The initial term of th is Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term . The renewal term will expire 36 full calendar months after the effective date of the renewal term.

Terms and Conditions

1. Definitions.

Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements. 558

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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program.
“Expiration Date” means the date upon which the Enrollment expires. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800- 145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) (“Industry Program”). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. “Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. “Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does no t include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. “Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; “Reserved License” means for an Online Service identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation.
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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instr umentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on- screen or otherwise) that accompanies a Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term “price” refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. 560

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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true- up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not al ready covered by existing Licenses, including any Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment , Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true- up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced as long as (a) the initial order minimum requirements are maintained and (b) the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true- up orders.

Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services in a given Product pool that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all then- active users of each Online Service are included the total quantity of Licenses remaining after the reduction. An Enrolled Affiliate may reduce Licenses for Online Services on or before the Enrollment anniversary date and place a reservation order for such licenses within 90 days after the anniversary date; however, any licenses ordered as described in this section will be invoiced to the Enrolled Affiliate for the time period the licens es were made available. Subscription Licenses ordered upfront may not be reduced. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s use of the applicable Subscription License will be cancelled.

Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true- up order, Enrolled Affiliate’s Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additi onal 561

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Products. This update statement must be signed by Enrolled Affiliat e’s authorized representative.
(vi) True-up order period. The true- up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The last true-up order or update statement during an Enrollment term is due within 30 days prior to the Expiration Date, and any license reservations within this 30 -day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period.
(vii) Late true-up order. If the true -up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process.
(ii) If step -up Licenses are not included on an initial order, Enrolled Affiliate may step -up initially by following the process described in the Section titled “Adding new Products not previously ordered,” then for additional step- up Licenses, by following the true-up order process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include mi nor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement.

3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment. b. Setting Prices. Unless otherwise expressly agreed to by the parties and except for Online Services designated in the Product Terms as being exempt from fixed pricing, Enrolled Affiliate’s prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablis hed at the beginning of the renewal term.

4. Payment terms.

For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 562

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5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwis e provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate may request to renew Products and Services under this Enrollment for one additional 36 -month term.

Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements or Enrollments in order to renew. In order for a renewal request to be considered, Microsoft must receive a Renewal Form, Product Selection Form, and renewal request prior to or at the Expiration Date. Microsoft will review a renewal request made under this section in good faith and may accept or reject such request in its sole discretion.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month- to-month (“Extended Term”) is available. During the Extended Term, Online Services will be invoiced monthly at the then- current published price as of the Expiration Date plus a 3% administrative fee for up to one year . If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each O nline Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges and agrees that after the notice described in this section, its continued use of each Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate the Extended Term as provided in this section. Enrolled Affiliate’s termination under this section will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the “Termination for cause” s ection of the A greement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early Termination” Section of the Enterprise Agreement.
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For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination.

6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. 564

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Enrollment Details

1. Enrolled Affiliate’s Enterprise.

Make an election for including Affiliates in the Enterprise (Required).

Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates:

Enrolled Affiliate only.

All Affiliates. All Affiliates of Enrolled Affiliate are hereby included in the Enterprise. Enrolled Affiliate represents that its Affiliates are entire offices, bureaus, agencies, departments, or other entities, not partial offices, bureaus, agencies, or departments, or other partial entities . Enrolled Affiliate may order Products for use by its Affiliates. If it does, the licenses granted to Enrolled Affiliate under this Enrollment will apply to such Affiliates, but Enrolled Affiliate will have the sole right to enforce the Agreement and this Enrollment against Microsoft. Enrolled Affiliate will remain responsible for all obligations under this Enrollment and for its Affiliates’ compliance with this Enrollment.

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Customer will not, and will ensure its Affiliates will not, take any action that causes Microsoft to violate applicable Trade Laws. Microsoft may suspend or terminate this Enrollment immediately without notice to the extent that Microsoft reasonably believes that performance would cause it to violate Trade Laws or put it at risk of becoming subject to sanctions and penalties under such laws. Customer remains responsible for its and for its Affiliates’ compliance with this section and, to the extent applicable, a Regional Trade Compliance Supplemental Terms incorporated herein by reference.

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Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties 565

EA20261EnrGov(US)SLG(ENG)(Aug2025) Page 9 of 10
Document X20-10637

that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://privacy.microsoft.com/privacystatement.
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566

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Document X20-10637

Work or School (WSA) Account ID
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Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default.
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Is a purchase under this Enrollment being financed through MS Financing? Yes, No.

If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. 567
Department: Community Development
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: 13
SUBJECT:

ORDINANCES ADDING CHANGES TO CHAPTERS 18 AND 19 OF TITLE 8 OF THE

ONTARIO MUNICIPAL CODE

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt:

A
.

An Ordinance adding Chapter 18 of Title 8 of The Ontario Municipal Code Pertaining to a Seismic Safety Mitigation Program for Unreinforced Masonry Buildings.

B
.

An Ordinance adding Chapter 19 of Title 8 of The Ontario Municipal Code Pertaining to mandatory Seismic Strengthening provisions for existing wood-frame buildings with soft, weak or open-front wall.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. However, if the City Council authorizes the Building Oﬃcial to waive City Building Department permit fees for retroﬁt for High-Risk Unreinforced Masonry (URM) and Soft-Story structures, the City would forgo the additional revenue that would otherwise be generated from these permit fees. Safeguarding public safety, protecting property, and strengthening the City’s resilience against future earthquakes are critical objectives supported by the seismic strengthening of commercial and multi-family structures. The long-term benefits of retrofitted buildings outweigh the loss in permit fee revenues.

BACKGROUND & ANALYSIS:

On December 16, 2025, the City Council introduced and waived further reading of Ordinances adding changes to Chapters 18 and 19 of Title 8 of the Ontario Municipal Code. In 1986, California enacted a law (“Unreinforced Masonry Law,” California Government Code sections 8875 et seq.) that required local governments in Seismic Zone 4 to inventory unreinforced masonry (URM) buildings, to establish a URM loss reduction program and report progress to the state by 1990. To date, the city has not implemented a Seismic Safety Mitigation Program for (URM) Buildings. As we advance eﬀorts to revitalize our Downtown, it is essential to establish such a program to safeguard public safety, protect property, and strengthen the City’s resilience against future earthquakes.
568

Additionally, California Health and Safety Code Section 19160(m) highlights the seismic vulnerability of soft-story residential buildings. In response, the City is proposing the creation of a Seismic Strengthening Requirements Provisions speciﬁcally aimed at addressing the risks associated with these structures.

Unreinforced masonry buildings (“URMs”)
Unreinforced masonry buildings (“URMs”) are generally brick buildings constructed prior to 1933, predating earthquake-resistant design standards. These buildings can possess features including, but not limited to, unbraced parapets, walls and roofs that are not attached to each other, and poorly constructed walls. In past earthquakes many of these types of structures have performed poorly and/or collapsed causing loss of life, personal injury, and substantial property damage.

Buildings constructed of unreinforced masonry walls have been widely recognized as being vulnerable to sustaining signiﬁcant damage during moderate to strong earthquakes. The City of Ontario contains approximately 78 buildings of unreinforced masonry construction that have been determined to be “potentially hazardous” during a seismic event and that have not been adequately strengthened (See Exhibit “A”). These buildings are generally located within the downtown area. The URM Law requires all local cities to:

1 .

Inventory URM buildings within each jurisdiction.
2 .

Establish loss reduction programs for URM buildings.
3 .

Report progress to the California Seismic Safety Commission.

In addition, the law recommends that local governments:

1 .

Establish seismic retrofit standards.
2 .

Adopt mandatory strengthening programs.
3 .

Enact measures to reduce the number of occupants in URM buildings.

Soft Story Buildings
Soft Story Buildings are older multi-unit residential wood frame buildings with soft, weak, open, or otherwise vulnerable lower stories that are acknowledged to be among the most earthquake-prone structures in Ontario. These types of structures consist of partial tuck-under parking on the ﬁrst- ﬂoor level with living space on the ﬂoors above. In past earthquakes many of these types of structures have performed poorly and collapsed causing loss of life, personal injury, and substantial property damage.

The City of Ontario contains approximately 79 existing wood-frame buildings with soft, weak or open-front wall structures within the City (See Exhibit “B”). The Seismic Safety Commission has recommended legislative actions to enhance the safety of these buildings and reduce their seismic risk. The earthquake safety and post-earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan.

URM and Soft Story Applicability
The provisions of URM Program applies to all buildings or portions of buildings constructed with unreinforced masonry walls with some exceptions such as public schools, hospitals and State or 569
federally owned buildings.

The provisions of the Soft Story Program (Ordinance) apply to all existing buildings of wood-frame construction, or wood-frame portions thereof, where:

1 .

A permit for construction of a new building was applied for on or before January 1, 1978, or if no permit can be located, the structure is determined by the Building Oﬃcial to have been built under building code standards enacted prior to January 1, 1978; and 2 .

The ground ﬂoor portion of the structure contains parking or other similar open ﬂoor space that causes soft, weak, open-front wall lines, and there exist one or more stories above.

The Soft Story Program does not apply to single family residences, ground ﬂoor or basement concrete podium levels where a rigid concrete diaphragm exists, however the ﬁrst wood frame story above the podium will be subject to the provisions of the Program where a soft, weak, or open front walls exist.

URM and Soft Story Programs
The URM and Soft Story programs will require an owner of each building to perform an investigation of the existing construction and a structural analysis to be completed on the building by a Registered Civil or Structural Engineer licensed in the State of California. If it is found that the building does not meet the minimum standards speciﬁed in the URM or Soft Story Programs, the Owner shall cause it to be structurally altered to conform to such standards. Each applicable building must demonstrate compliance or have been structurally altered to comply with the minimum standards in URM and Soft Story Programs (Ordinances) and are required to be maintained in conformity with the requirements of the Program in eﬀect at the time of structural alteration.

Time Period for Compliance
URM and Soft Story buildings within the scope of the Programs will be required to be structurally altered to comply with the minimum standards of the Programs within the time periods shown on the table below. The Building Oﬃcial shall prioritize enforcement of time periods based on level of risk to public safety. For URM and Soft Story buildings the level of risk is described as follows:

URM Buildings

1 .

High Risk: Structures containing multi-family residential structures or public facilities. 2 .

Medium Risk: Structures containing commercial, office or retail uses. 3 .

Low Risk: Structures containing manufacturing or industrial uses.

Soft Story Buildings
1 .

High Risk: Parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units). 2 .

Medium Risk: Parcels containing 10 to 24 total units.
3 .

Low Risk: All parcels containing non-historic, 2-story buildings with 2 to 9 total units.

570

REQUIRED
ACTION

BY OWNER
Risk Level

Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk
9 months from Notice
to Owner
9 months from
Structural
Assessment
submittal
18 months from
plan/permit Approval
Medium Risk
12 months from Notice
to Owner
12 months from
Structural
Assessment
submittal
24 months from
plan/permit Approval
Low Risk
18 months from Notice
to Owner
12 months from
Structural
Assessment
submittal
24 months from
plan/permit Approval

Time extensions may be granted by the Building Oﬃcial. Apart from the 9-month period to submit the Structural Analysis, the building owner may request an extension for compliance. The Building Owner has the burden of proof to establish with substantial evidence that he or she is unable to continue work within the time required due to circumstances beyond the control of the permittee.

The Building Oﬃcial will establish and maintain a list of URM and Soft Story buildings and, within thirty days from the eﬀective date of the URM and Story Ordinances, shall notify the owners and tenants, if applicable, of those buildings, in writing, that their buildings have been identiﬁed as URM or Soft Story buildings and of their obligation to mitigate the potential hazard in compliance with the URM and Soft Story Program. The Notices will be addressed to the Owner as shown on the last equalized San Bernardino County assessment roll of the building.

In addition, per State law requires all owners of URM buildings will be required to place a placard (8” x 10”) at the building's entrance informing people entering the building, that the building does not meet building standards.

Occupancy And Tenant Advisory
For both URM and Soft Story buildings the property owner will be responsible for advising all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project. The notice will include the information for the project, as determined by the city, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notiﬁcation will be required to be kept by the property owner and made available to the City upon request at any time until such permit is final, and construction is completed.

City Incentives
To help mitigate the costs associated with URM/Soft Story retroﬁts, the City will support property owners through the following incentives:
571

Grant Assistance through the California Residential Mitigation Program Grants: Earthquake Brace + Bolt Program, Earthquake Soft-Story Program and Earthquake Multi-Unit Retroﬁt Program.

City of Ontario Adaptive Reuse Program – Cost eﬀective Permit Process that provides alternative approaches to mandated Codes that will permit adaptive reuse and still provide minimum requirements to safeguard the public health, safety, and welfare of the building occupants and help reduce cost.

At the City Council’s discretion, the Building Oﬃcial may be authorized to waive City Building Department permit fees for the retroﬁt of High-Risk URM and Soft-Story structures. High-Risk structures are those that pose an elevated threat to public safety. High-Risk URM structures include buildings with multi-family occupancies and public facilities. High-Risk Soft-Story structures include parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualiﬁed historic buildings (any size or number of units). If the City Council concurs with authorizing the Building Oﬃcial to waive permit fees for High-Risk URM and Soft-Story structures, staﬀ recommends that the Council adopt the attached Resolution granting the Building Official this authority for qualifying High-Risk retrofit project.

Community Outreach
On Wednesday, October 1, 2025, the Building Department held a community meeting to present the draft URM and Soft Story Ordinances to property owners and businesses, and to gather feedback on the proposed regulations. In addition, on October 16, 2025, City staﬀ met with the Downtown Ontario Improvement Association (DOIA) Board to present the draft Ordinances and receive comments. The following concerns were raised during both the community meeting and the DOIA Board meeting:

1 .

Mandatory Requirements - Participants questioned whether the City Council could decline to approve the ordinances. Staff explained that the State of California mandates implementation of a Seismic Safety Mitigation Program for Unreinforced Masonry (URM) and Soft Story buildings to address life-safety concerns. Adoption of the ordinances will make retroﬁts mandatory but will establish a compliance timeline.
2 .

Structural Engineers - Attendees asked whether the City would provide structural engineering services. Staﬀ informed property owners that they are responsible for hiring their own structural engineers. Owners were directed to the California Contractors State License Board website to locate licensed engineers and contractors.
3 .

Building Plaque Requirement - Questions were raised regarding whether URM buildings must display a plaque. Staﬀ clariﬁed that State law (AB 2533) requires owners of URM buildings to place an 8" x 10" placard at the building entrance notifying occupants that the building does not meet current building standards.
4 .

Liability - A community member asked whether the City would be liable if the URM and Soft Story Ordinances were not implemented. Staﬀ explained that the State mandates the ordinances; however, similar to accessibility requirements, property owners are responsible for maintaining safe conditions. If an incident occurs, liability generally rests with the owner.

Once the ordinances are adopted, any new tenant improvement project will trigger retroﬁt enforcement. If the City fails to enforce requirements after that point, it could share liability. 5 .

Impact to Businesses - Questions were raised about whether the City had considered 572
potential business losses. Staﬀ acknowledged that retroﬁts or tenant notiﬁcations regarding unsafe buildings may create disruptions. The City expressed its commitment to supporting property owners in completing retroﬁts as eﬃciently as possible and to exploring options or programs to assist affected tenants.
6 .

Financial Incentives - Participants asked whether the City would oﬀer ﬁnancial assistance for retroﬁts. Staﬀ stated that the City will explore potential funding opportunities and assistance options, including grants, cost savings through the City’s Adaptive Reuse Program (Streamlined Permit Process), and at the City Council’s discretion, allowing the Building Official to reduce or waive City permit fees for retrofit projects. 573
1 ADDRESS INDEX

UNREINFORCED

MASONRY

JAMES CARO

BUILDING OFFICIAL
303 E B ST
ONTARIO, CA. 91764

BUILDING DEPARTMENT
574
1 575
ORDINANCE NO. ________

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

CALIFORNIA, ADDING PURSUANT TO AN EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, CHAPTER 1 8 OF
TITLE 8 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO A

SEISMIC S AFETY MITIGATION PROGRAM FOR UNREINFORCED

MASONRY BUILDINGS , AND MAKING FINDINGS IN SUPPORT
THEREOF.

WHEREAS, it is acknowledged that the City of Ontario (“City”) will experience earthquakes in the future due to its proximity to numerous earthquake faults, including San Andreas, San Jacinto, San Jose, Sierra Madre, Indian Hill, Chino, and Whittier - Elsinore faults; and

WHEREAS, it is found and declared that when a strong or moderate earthquake occurs, loss of life, serious injury and/or impaired economic value may result from damage to or collapse of buildings in the City; and

WHEREAS, buildings constructed of unreinforced masonry walls have been widely recognized as being vulnerable to sustaining significant damage during moderate to strong earthquakes; and

WHEREAS, pursuant to the “Unreinforced Masonry Law,” California Government Code sections 8875 et seq. the City implemented a seismic hazard program that identified unreinforced masonry buildings that may be hazardous to their occupants, pedestrians and adjacent structures and their occupants in the event of an earthquake; and

WHEREAS, the City contains approximately 78 buildings of unreinforced masonry construction that have been determined to be “potentially hazardous” during a seismic event and that have not been adequately strengthened; and

WHEREAS, the City Council desires to lessen the risk to life and property of the citizens of Ontario posed by unreinforced masonry buildings; and

WHEREAS, the earthquake safety and post -earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan; and

WHEREAS, the California Existing Building Code requires seismic retrofit only in exceptionally rare cases; and

WHEREAS, it is acknowledged to be in the best interests of Ontario’s building owners, commercial and residential tenants, and all residents to apply retrofit standards that balance the benefits of reduced earthquake losses with the costs and disruptions of seismic retrofit; and

576
WHEREAS, it is the desire and intent of the City Council to provide Ontario citizens with the greatest degree of protection from the hazards of unreinforced masonry buildings in the most effective manner; and

WHEREAS, the purpose of this Ordinance is to promote public safety by providing standards for both analyzing and retrofitting potentially hazardous unreinforced masonry buildings; and

WHEREAS, the City Council in adopting this Ordinance relies upon the authority vested in the Council pursuant to California Government Code sections 8875 et seq. and California Health and Safety Code sections 19160 et seq.; and

WHEREAS, the City held a public hearing on December 16, 2025, 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.

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

SECTION 1. The City Council hereby finds that

A. California Health and Safety Code Section 19161(a) authorizes the City of Ontario to assess its earthquake hazard and t o identify potentially seismically hazardous buildings; and

B. California Health and Safety Code Section 19161(b) requires such identification to be made by a licensed architect or civil engineer or by the staff of a local building department when supervised by a licensed architect or civil engineer; and

C. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has adopted Section 317 of the California Existing Building Code, which allows a local j urisdiction to adopt standards for earthquake evaluation and retrofit based on the national standard known as ASCE 41, titled Seismic Evaluation and Retrofit of Existing Buildings ; and

D. California Health and Safety Code Section 19161(a)(1) identifies the buildings that are the subject of this Ordinance as “potentially hazardous buildings.” California Building Code Section 1.1.8.1 states that local ordinances and mitigation programs for such buildings are exempt from making express findings otherwise required by California Health and Safety Code Section 19163(b) citing Section 17958.5 and Section 17958.7.

SECTION 2. Seismic Safety Mitigation Program for Unreinforced Masonry Buildings, is added to read as follows:
577

Section 8-18.010 Purpose.

Unreinforced masonry buildings (“URMs”) are generally brick buildings constructed prior to 1933, predating earthquake-resistant design standards. These buildings can possess features including, but not limited to, unbraced parapets, walls and roofs that are not attached to each other, and poorly constructed walls. In past earthquakes many of these types of structures have performed poorly and /or collapsed causing loss of life, personal injury, and substantial property damage. The purpose of this Chapter is to provide alternative construction regulations designed to reduce the risk of death or injury resulting from earthquake hazards in existing u nreinforced masonry buildings in a timely and economically feasible manner while preserving the historic character of the community. This Chapter creates minimum standards intended to reduce the risk of collapse and improve the performance of these buildin gs during earthquakes, but not necessarily prevent the loss of life, injury and damage to property.

Section 8-18.020 Applicability.

The provisions of this Chapter shall apply to all buildings or p ortions of buildings constructed with unreinforced masonry walls with the following exceptions:

A. A building which has been seismically retrofitted since 1985 that complies with the strengthening standards in effect at the time as determined by the Building Official;

B. A detached Group R Division 3 Occupancy or a detached Group R Division 1 Occupancy having four living units or fewer;

C. Accessory buildings serving Group R Division 3 Occupancies or accessory buildings serving Group R Division 1 Occupancies having four living units or fewer;

D. Public schools;

E. Hospitals; and

F. State or federally owned buildings.

Section 8-18.030 Definitions.

For the purposes of this Article, certain words, phrases, terms and their derivatives shall be construed as specified in this section. Words, phrases, and terms that are used in this Chapter, but not specifically defined, shall have the meaning set forth in the applicable local, state or federal code, if appropriate. Other such words, phrases and terms shall be accorded their ordinary meanings.

“Architect” shall mean a person who is licensed to practice architecture in this state.

“Architectural and Engineering fees” shall mean all design and analysis costs, not repair 578
costs.

“Board of Appeals” shall be as outlined in Section 113 of the CBC.

“Building” for the purpose of determining occupant load, shall mean any contiguous or interconnected structure; for purposes of engineering evaluation, shall mean the entire structure or portion thereof which will respond to seismic forces as a unit.

“Building Code” or “CBC” shall mean the current edition of the California State Building Code, as amended from time to time mid as adopted and amended and/or updated by the city.’

“California Existing Building Code (or “CEBC)" shall mean the seismic provision for unreinforced masonry buildings contained in the 2022 edition of the CEBC, as adopted and as may be updated by the City.

“Engineer" shall mean any professional, civil or structural engineer who is licensed to practice engineering in this state.

“Owner” shall mean any individual or group of individuals or firm or any other entity holding legal or equitable title to the real property.

“Qualified historical Building" shall mean any building, structure or collection of structures deemed of importance to the history, architecture, or culture of an area by an appropriate local, state, or federal governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

“Retrofit" or “Retrofitting" shall mean any and all structural work necessary to comply with the requirements of this Chapter, including but not limited to all improvements, alterations and repairs.

“Unreinforced Masonry (URM) Building" shall mean any building or structure containing one or more walls constructed wholly or partly with unreinforced.

"Unreinforced Masonry (URM) Wall" shall mean a masonry wall in which the area of reinforcing steel is less than 25 percent of the minimum steel ratios required by the current California Building Code for reinforced masonry.

"Valuation” shall mean the total value of all construction work as determined by the Building Official.

Section 8-18.040 URM Buildings Hazard Mitigation Process.

The following process shall be followed for abatement of the hazards posed by URM buildings:

A. Establish List and Notify Owner. The Building Official shall establish and maintain 579
a list of URM buildings and, within thirty (30) days from the effective date of this Chapter, shall notify the owners and tenants, if applicable, of those buildings in writing that their buildings have been identified as URM buildings as defined in this Chapter and of their obligation to mitigate the potential hazard in compliance with this Chapter.

B. Contents of Notice to Owner. The Notice to Owner shall be addressed to the Owner as shown on the last equalized San Bernardino Co unty assessment roll of the building. The Notice shall include the following:

A. A statement that the structure has been reviewed and appears to be of the type, which is prone to significant damage, including collapse, in a moderate to major earthquake;

B. Direction to comply with the retrofitting requirements of this Chapter, as applicable;

C. Where applicable, the findings on which the determination that the building or structure does not comply is based;

D. The time schedule for commencement and completion of seismic retrofitting;

E. A statement that the owner is required to provide a copy of the notice to correct deficiencies to all tenants of the structure; and

F. A statement that a URM certificate will be recorded in the office of the County Recorder until the subject building is removed from the URM list in accordance with subsection 8-18.080 .

C. Failure to Receive Notice to Owner. Failure of any Owner, party concerned or other person to receive such Notice to Owner shall not affect the validity of any proceedings taken thereunder.

D. Recordation. At the time that the notice as outlined in subsection (A) is served, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building is within the scope t he "Seismic Safety Mitigation Program for Unreinforced Masonry Buildings” Ordinance.” The certificate shall also state that the owner thereof has been ordered to review and st ructurally analyze the building and upgrade the building in accordance with this Chapter.

Section 8-18.050 Structural Analysis Assessment.

The Owner of each building subject to the provisions of this Chapter shall cause an investigation of the existing construction and a structural analysis to be performed on the building by a Registered Civil or Structural Engineer licensed in the State of California and if the building does not meet the minimum standards specified in this Chapter, the Owner shall cause it to be structurally altered to conform to such standards.
580

Each applicable building within the scope of this Chapter which has been analyzed to demonstrate compliance or has been structurally altered to comply with the minimum standards in this Chapter shall be maintained in conformity with the requirements of this Chapter in effect at the time of structural alteration.

Section 8-18.060 Engineering Analysis Required.

A. General. Engineering plans, calculations and specifications shall be filed with the applicable building permit demonstrating that the proposed retrofit work will comply with the applicable standards specified in the CBC for the buildings.

B. Mandatory Seismic Retrofitting. All unreinforced masonry buildings shall be retrofitted in accordance with the seismic standards contained in the CBC, except that qualified historical buildings may use the applicable provisions of the State Historical Building Code in conjunction with the CBC as provided in subsection (h). All destructive materials testing in accordance with the CBC is required only when those elements are used as part of the structural design. The decision of whether to test existing materials is the responsibility of the engineer/architect, and the city assumes no liability for damage, injury, or harm caused by the testing. In the absence of acceptable test data, the engineer/architect shall use allowable stresses for existing materials in accordance with the CBC or as approved by the Building Official.

The owner shall file with the Building Official plans, structural calculations and specifications with an acceptable building permit application to comply with the applicable mandatory retrofit standard within the time specified in subsection (e).

The information required for a building permit application shall be in accordance with subsection (f).

C. Preparer of plans, calculations and specifications. Building owners shall employ a civil or structural engineer or architect, registered by the State of California, herein called "engineer/architect", to prepare the required engineering plans, calculations and specifications acceptable to the Building Official.

D. “Scope of work”, provided on the title page needs to address all the proposed work that per the Building Codes requires a permit.

E. “Building Data Analysis ”, provided on the title page needs to provide the following.

1. Codes Used

2. Building information

3. Site information

4. Parking requirements and provided

5. Number of bathrooms and fixtures needed and provided.

6. Exits, what is required, what is provided and distance to them.

F. Exception. One URM wall or common URM wall with an existing engineering analysis report on file and prepared since October 2022 shall only be required to 581
retrofit that one URM wall or common URM wall if the owner demonstrates to the satisfaction of the Building Official that the retrofit of the common URM wall or URM wall will not weaken the remaining building and/or structure, and any other requirements that the Building Official may deem necessary to comply with this Chapter.

Section 8-18.070 Time Period for Compliance/Priority Designation .

A. Plan. Permits and Construction. Each building within the scope of this Chapter shall be structurally altered to comply with the minimum standards in this Chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official. Failure to comply with the program within the specified time frame shall be a violation of this Chapter and subject the owner to the penalties and remedies described in Section 8-18.120.

B. Screening Form (optional). Within the time limits allowed in Table A, if the Owner of any building believes he/she is not subject to the provisions of this Chapter, Owner shall submit a screening form to the Building D epartment.

The Screening Form shall be completed by a licensed civil or structural engineer and shall state whether the structure conforms to the earthq uake design provisions contained in this Chapter Retrofit of said building shall not be required if Screening Form determines that the structure conforms with the earthquake design provisions of this Chapter, as determined by the Building Official. Retrofit of said building shall be required if Owner fails to submit the Screening Form within the time limit specified in Table A or if the Screening Form determines that the structure does not conform with the design requirements of this Chapter. The requiremen t for said retrofit is not appealable if the Screening Form states that the structure does not conform to the earthquake design provisions contained in this Chapter.

TABLE A

TIME PERIOD FOR COMPLIANCE

Required Action By Owner

Risk
Level
Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk 9 months from
Notice to Owner
9 months from
Structural Assessment
submittal
18 months from
plan/permit
approval
Medium
Risk
12 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval
582
Low Risk 18 months from
Notice to Owner
18 months from
Structural Assessment
submittal
24 months from
plan/permit
approval

C. Risk Designations. The Building Official shall prioritize enforcement of this Chapter as defined in Table B.

TABLE B

RISK DESIGNATION

Risk Level Description
High Risk Structures containing multi-family residential structures or public facilities
Medium Risk Structures containing commercial, office or retail uses Low Risk Structures containing manufacturing or industrial uses

Section 8-18.080 Removal of Building from City’s URM List .

The Building Official shall remove any building from the inventory list of potentially hazardous buildings when that building has been upgraded to the standard in subsection (d) and the final inspection is approved. Upon completion of all retrofitting work, the Building Official shall record with the office of the County Recorder a certificate stating that the subject building has complied with Title 8, Chapter 18 of the City of Ontario Municipal Code, the “Seismic Safety Mitigation Program for Unreinforced Masonry Building.

Section 8-18.090 Extensions.

Extensions. With the exception of the 6-month period to submit the Structural Analysis, the Building Owner may request an extension to the time period for compliance with the timelines set forth in Table A of section 14.08.050. The Building Owner has the burden of proof to establish, with substantial evidence , that he or she is unable to continue work within the time required by this section due to circumstances beyond the control of the permittee. The written request must demonstrate that:

A. Due to circumstances beyond the o wner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; or

B. If the construction has started, substantial progress has been made; or

C. If construction has started, the condition of the property presents no health or safety 583
hazard; or

D. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

E. Due to unforeseen conditions, as deemed appropriate by the Building Official , construction could not be commenced, continued or completed in the authorized time period.

The Owner must also provide a new proposed schedule for compliance, and plan to comply with the provisions of this chapter during that timeframe. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months.

Section 8-18.100 Occupancy and Tenant Advisory.

Notification to Tenants and Occupants. The Owner sha ll advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this Chapte r. The notice sha ll include the information for the project, as determined by the City, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification is required to be kept by the Owner and made available to the City upon request at any time until such permit is final, and construction is completed.

Section 8-18.110 Information Required on Plans.

A. General. The plans and specifications required by the Building Official shall be of sufficient clarity to indicate the nature, design methodology, and extent of the proposed work and to show in detail that it will conform to the provisions of this Chapter and the Building Codes.

B. Engineers Statement. The engineer resp onsible shall provide the following statement on the approved plans:

"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Seismic Safety Mitigation Program for Unreinforced Masonry Building."

C. Owner or Owner's Representative Statement. Unless the entire building has been retrofitted to meet the full intent of the current Building Code, the Owner shall provide and sign the following statement on the cover of the drawings:

I, [Owner Name(s)], understand the seismic evaluation and strengthening performed under this project is limited to that specified in the Seismic Safety Mitigation Program for Unreinforced Masonry Building which is intended to reduce the risk under a seismi c event. I 584
understand the full building, has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event.”

D. Quality Control and Assurance Requirements. General notes shall show the requirements for material testing, special inspection, structural observation and the proper installation of newly added materials.

Section 8-18.120 Observation/Inspection.

A. Structural Observation. All structures regulated by this Chapter require structural observation during construction. The Owner shall employ the Engineer of Record responsible for the structural design, or another registered Engineer designated by the Engineer of Record to perform structural observation as defined in the Building Code.

B. Special Inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official.

Section 8-18.130 Violation/Penalty for Non-Compliance.

A. Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Chapter. A building that is found to be within the scope of this Chapter and is not brought into compliance with the time frame indicated in Table A, shall be declared unsafe and subject to the requirements of the currently adopted Building Code.

B. Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such violation such pe rson shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Chapter.

C. Recordation of violation. If (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Chapter; and if (B) the Building Official gives written notice as to the nature of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The remedy provided by this section is cumulative to any other enforcement actions permitted by this Chapter.
585

D. Additional Remedies. In addition to the recordation of violation noted in (C) above, the Building Official may:

1. Notify all parties with a financial interest in the property (such as mortgage lenders, lien holders, insurance bearers) and the tenants that the building is a hazardous URM building and is in violation of this Article.

2. Order that the owner post a sign on the building to designate it as a hazardous URM building. The signs shall be located at well lighted locations, readily visible by the occupants and public when entering the building and shall be protected from damage. Location, form and content of the sign is subject to the Building Official's approval. The building owner shall be responsible for installing and maintaining the signs and immediately replacing them, at the owner’s expense, as necessary. When the owner corrects all violations of this Article to the satisfaction of the Building Official, the posting of signs on the building required by this section may be removed by the owner. However, if the owner violates any aspect of this Article after the posting has been removed, the Building Official may order the immediate re-posting of signs on the building.

3. The City Council may cause any building not abated within the time limits set forth herein to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this Article.

E. Costs. Any person that has violated any provision of this Chapter shall be responsible for the costs of any and all Code Enforcement actions taken by the Building Official in response to such violations. These costs shall be based on the amounts specified by the current fee schedule. Further, the City Council of the City of Ontario may authorize the placement of a lien on the property for all costs incurred.

Section 8-18.140 Appeal of Retrofit.

A. Appeal of Retrofit. When the owner believes the Building Official made an error in his or her determination regarding a Retrofit required under this Article the owner may appeal the determination to the Board of Appeals. Such appeal shall be made within thirty (30) days after the date of the Building Official's written decision.

Any such appeal shall be made in the form specified by this section and be filed with the city clerk. The appeal shall state specifically the alleged error or abuse of discretion by the Building Official. The appeal will be heard by the Board of Appeals within thirty (30) days of the date of receipt of the appeal by the city clerk. Not less than ten (10) days prior to the hearing date, the city clerk shall give notice to the appellant of the date, time and place of the hearing. The Board of Appeals shall be authorized to continue the hearing for up to thirty (30) days.

In considering the appeal, the Board of Appeals shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. 586

The decision of the Board of Appeals shall be in writing, and a copy of its decision shall be mailed or otherwise delivered to the appellant by the Building Official within ten (10) days of the date of the Board of Appeal's decision. The decision of the Board of Appeals shall be final.

B. Appeal of Non -Compliance Penalties and Actions. Any written decision by the Building Official to impose penalties in the event of any failure to comply with the requirements of this Article may be appealed by the owner or the owner's agent to the Board of Appeals. Any such appeal shall be made within thirty (30) days of the date of the Building Official's mailing of notification. The appeal shall be made on a form approved by the Building Official and shall state specifically how the Building Official has either committed an error or has abused his or her discretion. In considering the appeal, the Board of Appeals shall determine whether, based upon the record, the Building Official erred or abused his or her discretion. The decision of the Board of Appeals shall be in writing and may be appealed to the City Council as provided for in subsection (d). Revocation of a Certificate of Occupancy, if appealed, will not become effective until the decision of the Board of Appeals has been upheld by the City Council.

C. Written Appeal Required. Any written appeal as provided for in subsections (b) and (c) and filing fee shall be submitted to the city clerk and the written appeal shall contain the following:

1. The names of the appellants.

2. A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved.

3. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants.

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

5. The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal.

6. The signatures of all parties named as appellants and their mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

D. The Board of Appeals shall conduct hearings on written appeals made under this section and may approve or disapprove interpretations of this Chapter made by the Building Official of the city. All such approvals or disapprovals shall be final and 587
conclusive as to the Building Official. The Board of Appeals shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this part.

Section 8-18.150 Remedies.

In addition to the penalties in Section 8.18-130, the following remedies are available to the city and may be imposed independently or in combination with each other at the discretion of the Building Official, unless. otherwise noted herein:

A. Maintenance of a URM building beyond the time specified in section 6.40 for completion of seismic retrofits to such building are hereby deemed to be a public nuisance and may be abated pursuant to the abatement procedures contained in the latest edition of the California Building Codes and the International Property Maintenance Code for Abatement of Unsafe Structures.

B. The city may seek injunctive relief on behalf of the public to enjoin a building owner's violation of this Article.

C. The city may withhold the issuance of any building permit and/or may suspend any existing building permits on the subject building unless otherwise authorized by the Building Official for emergency repairs.

D. The Building Official, after written notice to the owner, may revoke or suspend the occupancy permit for any structure for which the owner violates any of the provisions of this Article. The notice of revocation or suspension shall provide the owner the right to provide the Building Official with evidence that the occupancy permit should not be revoked or suspended either because the structure is not subject to the provisions of this Article or because the Building Official did not follow the provisions of this Article.

E. Any person violating any provision of this Article shall be guilty of a misdemeanor.

F. These remedies are not exclusive, and the City may utilize any other remedies available at law or equity.

Section 8.18-160 Recovery of Penalties.

A. The penalties imposed on the building owner shall be assessed against the real property subject to this Article and shall, in addition, be a personal obligation of the owner of the subject property. If the owner of a building is a group of individuals, firms, or other entities or any combination thereof, the obligation imposed by this section shall be joint and several. The Building Official shall give the owner of the building a written notice showing the amount of the penalty and requesting payment thereof. If the amount of such penalty is not paid to the city within thirty (30) days after the date of such notice, the Building Official shall forward a report of the penalties to the City Council for confirmation.

588
B. The property owner shall be given at least ten (10) days written notice of the confirmation hearing before the City Council. The amount of the penalties shall be confirmed by the City Council, unless it finds, based upon evidence in the record, that the Building Official erred in imposing or in computing the amount of the penalty. If such error is found, it may modify the amount of the penalty, as warranted.

C. Upon confirmation of the penalty by the City Council, it shall direct the city clerk to record in the Office of the County Recorder of the County of San Bernardino, State of California, a certificate substantially in the following form, to wit:

NOTICE OF SPECIAL ASSESSMENT LIEN

Pursuant to Section 8-18.130, of the City of Ontario Municipal Code, the penalty of $ ________ was assessed by the Building Official, and confirmed by the Board of Appeals and the City Council, against the described real property and such amount has not been paid in full and the City of Ontario does hereby claim a special assessment lien upon the hereinafter described real property in said amount; the same shall be a lien upon the real property until such sum has been paid in full. The real property herein above mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City of Ontario, County of San Bernardino, State of California, and particularly described as follows, to wit:

(Insert legal description of property and APN)

Dated

____________________________________
City Clerk
City of Ontario

Such lien attaches upon recordation of the Notice of Special Assessment Lien. The description of the parcel in the Notice of Lien shall be that used for the same parcel as the County Assessor's map book for the current year. The County Assessor shall enter each assessment on the County tax roll opposite the affected parcel of land. The amount of the assessment shall be collected and shall be subject to the same penalties and the same procedures for foreclosure and sale, in case of delinquencies, as provided for ordinary municipal taxes.

Section 8-18.170 Severability.

A. Internal conflict. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different Sections of this Chapter specify different materials, methods of construction, or other requirements, the most restrictive shall govern. 589

B. Other laws. The provisions of this Chapter shall not be deemed to nullify any provisions of local, state or federal law.

C. Codes and references. The provisions of the codes and standards referenced in this Chapter shall be considered part of the requirements of this Chapter to the prescribed extent of each such reference. Where there are conflicts between provisions of this Chapter and the provisions of any referenced code or standard, the provisions of this Chapter shall apply.

SECTION 3. 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 re maining 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 subsection s, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 4. It can be see with certainty that none of the changes to the City of Ontario Municipal Code will 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. In the alternative, the change to the City of Ontario Municipal Code are exempt from CEQA pursuant to CEQA Guidelines section 15301 as, at most, they could result in the repair, maintenance, or minor alteration of existing structures involving negligible or no expansion of existing or former use.

Additionally, the City finds that none of the exceptions in CEQA Guidelines section 15300.2 have application here. Staff is directed to file a Notice of Exemption within five (5) days of the adopting of this Ordinance.

SECTION 5. The Mayor shall sign this Ordinance, and the City Clerk shall certify as to the adop tion 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 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

590
ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

591

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. 3324 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 16, 2025 and adopted at the regular meeting held January 20, 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. 3324 duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 2026 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

592

ORDINANCE NO. __________

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

CALIFORNIA, ADDING PURSUANT TO AN EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, CHAPTER 19 OF
TITLE 8 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO

MANDATORY SEISMIC STRENGTHENING PROVISIONS FOR

EXISTING WOOD -FRAME BUILDINGS WITH SOFT, WEAK OR

OPEN-FRONT WALL, AND MAKING FINDINGS IN SUPPORT
THEREOF.

WHEREAS, pursuant to Government Code Section 50022.1 et seq., on November 15, 2022, the City of Ontario, California ("City") adopted by reference the 2022 Edition of the California Building Standards Code as provided in Titles 24 of the California Code of Regulations and other codes, including, without limitation, the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings; and

WHEREAS, the City Council desires to lessen the risk to life and property of the citizens of Ontario posed by wood -frame buildings with soft , weak or open -front walls; and

WHEREAS, older multi-unit residential wood frame buildings with soft, weak, open, or otherwise vulnerable lower stories are acknowledged to be among the mos t earthquake collapse-prone structures in Ontario; and

WHEREAS, the earthquake safety and post -earthquake recovery of housing is acknowledged as a goal of Ontario’s emergency response and recovery plan; and

WHEREAS, California Health and Safety Code Se ction 19160(m) encourages Ontario “to initiate efforts to reduce the seismic risk in vulnerable soft story residential buildings;” and

WHEREAS, the California Existing Building Code requires seismic retrofit only in exceptionally rare cases; and

WHEREAS, the City Council has concluded that it wishes to implement Mandatory Seismic strengthening Provisions for Existing Wood -frame Buildings with Soft, Weak or Open-Front Walls; and

593

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:

A. California Health and Safety Code Section 19161(a) authorizes the City of Ontario to assess its earthquake hazard and to identify potentially seismically hazardous buildings; and

C. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has published, but has not adopted, Chapter A4 of the 2016 California Existing B uilding Code, titled “Earthquake Risk Reduction in Wood -Frame Residential Buildings with Soft, Weak or Open Front Walls.” As such, the City of Ontario is free to adopt, modify, interpret, and apply Chapter A4; and

D. With reference to California Health and Safety Code Section 19162(b)(1), the California Building Standards Commission has adopted Chapter A4 of the California Existing Building Code, which allows a local jurisdiction to adopt standards for earthquake evaluation and retrofit based on the national standard known as ASCE /SCI 41, titled Seismic Evaluation and Retrofit of Existing Buildings. APPENDIX A 24 Soft Story; and

E. FEMA has published a procedure known as FEMA P -807, titled, Guidance and Recommendations for the Seismic Evaluation and Retrofit of Multi -Unit Wood Frame Buildings with Weak First Stories (September 2023), with model code provisions in its Appendix B. With reference to California Health and Safety Code Section 19163(b), the City of Ontario may adopt these provisions with an appropriate performance objective as “substantially equivalent standards” relative to CEBC Chapter A4 or ASCE 41; and

F. California Health and Safety Code Section 19161(a)(2) identifies the buildings that are the subject of this ordinance as “potentially hazardous buildings.” California Building Code Section 1.1.8.1 states that local ordinances and mitigation programs for such buildings are exempt from making express findings otherwise required by California Health and Safety Code Section 19163(b) citing Section 17958.5 and Section 17958.7.

SECTION 2. Mandatory Seismic Stre ngthening Provisions for Existing Wood-Frame Buildings with Soft, Weak or Open -front Walls , is added to read as follows:
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Section 8-19.010 Purpose.

The provisions of this Chapter are intended to promote the public welfare and safety by reducing the risk of death or injury that may result from the effects of earthquakes on existing wood -framed multi-story buildings with Soft, Weak or Open -Front Walls.

Generally, this type of structure consists of partial tuck-under parking on the first-floor level with living space on the floors above. In past earthquakes many of these types of structures have performed poorly and collapsed causing loss of life, personal injury, and substantial property damage. This Chapter creates minimum standards intended to reduce the risk of collapse and improve the pe rformance of these buildings during earthquakes, but not necessarily prevent the loss of life, injury and damage to property.

Section 8-19.020 Applicability.

The provisions of this Chapter shall apply to all existing buildings of wood -frame construction, or wood-frame portions thereof, where:

A. A permit for construction of a new building was applied for on or before January 1, 1978, or if no permit can be located, the structure is determined by the Building Official to have been built under building code standards enacted prior to January 1, 1978; and

B. The ground floor portion of the structure contains parking or other similar open floor space that causes soft, weak, open-front wall lines, and there exist one or more stories above.

Exceptions:

C. The provisions of this chapter shall not apply to single family residences.

D. The provisions of this Chapter shall not apply to ground floor or basement concrete podium levels where a rigid concrete diaphragm exist, however the first wood frame story above the podium shall be subject to the provisions of this chapter where a soft, weak, or open front walls exist.

E. Notwithstanding any provision of the Building Code, compliance with this Chapter shall not require existing electrical, plumbing, mechanical or fire-safety systems to be altered to comply with the current Building Code unless they constitute a hazard to life or property as determined by the Building Official.

Section 8-19.030 Definitions.

Notwithstanding the applicable definitions, symbols and notations in the Building Code, the following definitions shall apply for the purposes of this Chapter:

Building Code is the current Building Code of the City of Ontario. 595

Cripple Wall is a wood-framed stud wall extending from the top of the foundation wall to the underside of the lowest floor framing.

Ground Floor is any floor within the wood -frame portion of a building whose elevation is immediately accessible from an adjacent grade by vehicles or pedestrians. The ground floor portion of the structure d oes not include any floor that is completely below adjacent grades.

Historical Building is any building designated as a "qualified historical building" as defined in Part 8, Title 24 of the California Code of Regulations (also referred to as the “California Historical Building Code”).

Notice to Owner means the letter sent by the City to Owner, via certified mail to the address on title of the property, which advises Owner of the retrofit requirement.

Open-Front Wall Line is an exterior Wall Line, without vertical elements of the lateral force-resisting system, which requires tributary seismic forces to be resisted by diaphragm rotation or contains an excessive cantilever beyond parallel lines of shear walls. Diaphragms that cantilever more th an 25 percent of the distance between tines of lateral force resisting elements from which the diaphragm cantilevers shall be considered excessive. Diaphragm cantilevers or exterior balconies of 6 feet or less in width shall not be considered excessive cantilevers.

Owner or Building Owner is the individual(s), firm, corporation, trust or entity in whom the title to such property is vested.

Person means an individual, partnership, corporation or association of any of the foregoing.

Retrofit is an improvem ent of the lateral force resisting system by alteration of existing structural elements or addition of new structural elements.

City Seismic Design Guidelines are framework guidelines developed by the Building Official which are intended to calibrate, del ineate and detail technical requirements to be used for the retrofitting of buildings subject to this Chapter.

Soft Wall Line is a deficiency in a Wall Line in which the lateral stiffness is less than what is required by story drift limitations and deform ation compatibility requirements of this Chapter. In lieu of the engineering analysis required by this Chapter to determine whether a wall line's lateral stiffness is less than the aforementioned story drift limitations and deformation compatibility requir ements, a Soft Wall Line deficiency may be defined as a Wall Line in a Story where the wall stiffness is less than 70 percent of the stiffness of the exterior wall above for the direction under consideration.

Story is as defined in the Building Code but includes any basement or under- floor space of a building with Cripple Walls exceeding four feet in height. 596

Story Strength is the total strength of all seismic -resisting elements sharing the same Story shear in the direction under consideration.

Wall Line is any length of a wall along a principal axis of the building used to provide resistance to lateral loads.

Weak Wall Line is a deficiency of a Wall Line at the Ground Floor in which the wall strength is less than 80 percent of the strength of the wa ll above in the direction under consideration.

Section 8-19.040 Compliance Requirements.

Section 8-19.050 Time Period for Compliance/Priority Designation.

A. Plan Permits and Construction. Each building within the scope of this Chapter shall be structurally altered to comply with the minimum standards in this Chapter within the time periods shown in Table A. Minimum plan requirements shall be as specified by the Building Official.

B. Screening Form. Within the time limits allowed in Table A, if the Owner of any building believes he/she is not subject to the provisions of this Chapter, Owner shall submit a screening form to the Building D epartment. The Screening Form shall be completed by a licensed civil or structural engineer and shall state whether the structure conforms to the earthquake design provisions contained in this Chapter Retrofit of said building shall not be required if Screening Form determines that the structure conforms with the earthquake design provisions of this Chapter, as determined by the Building Official. Retrofit of said building shall be required if Owner fails to submit the Screening Form within the time limit specified in Table A or if the Screening Form determines that the structure does not conform with the design requirements of this Chapter. The requirement for said retrofit is not appealable if the Screening Form states that the structure does not conform to the earthquake design provisions contained in this Chapter.

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TABLE A

TIME PERIOD FOR COMPLIANCE
Required Action By Owner

Risk
Level
Submit Structural
Assessment
Plan & Obtain
Permit
Complete
Construction
High Risk 9 months from
Notice to Owner
9 months from
Structural Assessment
submittal
18 months from
plan/permit
approval
Medium
Risk
12 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval
Low Risk 18 months from
Notice to Owner
12 months from
Structural Assessment
submittal
24 months from
plan/permit
approval

C. Priority Designations. The Building Official shall prioritize enforcement of this Chapter as defined in Table B.

Section 8-19.060 Administration.

A. Issuance of Notice to Owner. The Building Official shall, in accordance with the priorities set forth in Table B, issue a Notice as provided in this Section to the Owner of each building that is expected to be within the scope of this Chapter.

B. Contents of Notice to Owner. The Notice to Owner shall be addressed to the Owner as shown on the last equalized San Bernardino County assessment roll of the building. The Notice to Owner shall specify that the building has been determined by the Building Official to be within the scope of this Chapter and, therefore, is required to meet the standards of this Chapter.

TABLE B

PRIORITY DESIGNATION
Risk Level Description
High Risk
Parcels containing buildings with 3 or more stories, or containing 25 or more dwelling units total, or qualified historic buildings (any size or number of units)
Medium
Risk Parcels containing 10 to 24 units total
Low Risk All parcels containing non-historic, 2-story buildings with 2 to 9 units total
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C. Service of Notice to Owner. Proper service of a Notice to Owner shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. The designated period within which the Owner is required to comply with such Notice to Owner shall begin as of the date Notice to Owner is mailed via certified mail/regular mail.

D. Notice of Pendency. A Notice of Pendency shall be recorded against any property containing a building that is expected to be within the scope of this Chapter. Such Notice shall remain in effect until compliance with this Chapter is achieved, as determined by the Building Official.

E. Failure to Receive Notice to Owner. Failure of any Owner, party concerned or other person to receive such Notice to Owner shall not affect the validity of any proceedings taken thereunder.

F. Extensions. With the exception of the 1-year period to submit the Screening Form, the Building Owner may request an extension to the time period for compliance with the timelines set forth in Table A of section 14.08.050. The Building Owner has the burden of proof to establish with substantial evidence that he or she is unable to continue work within the time required by this section due to circumstances beyond the control of the permittee. The written request must demonstrate that:

1. Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period; or

2. If the construction has started, substantial progress has been made; or

3. If construction has started, the condition of the property presents no health or safety hazard; or

4. The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to the neighboring property owners; or

5. Due to unforeseen conditions, as deemed appropriate by the Building Official, construction could not be commenced, continued or completed in the authorized time period.

The Owner must also provide a new proposed schedule for compliance, and plan to comply with th e provisions of this chapter during that timeframe. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months.

G. The Building Official may promulgate implementing regulations and policies consistent with this Chapter, as approved by the City Manager. 599

Section 8-19.070 Occupancy and Tenant Advisory.

Notification to Tenants and Occupants. The Owner shall advise all current and prospective residential and non-residential tenants, subtenants, lessees, sublessees, or any other person(s) entitled to the use and/or occupancy of the building of a proposed project submitted pursuant to this Chapte r. The notice sha ll include the information for the project, as determined by the City, including the scope of work, expected duration, and contact information for a representative of the contractor. Proof of written notification is required to be kept by the Owner and made available to the City upon request at any time until such permit is final, and construction is completed.

Section 8-19.080 Historical Buildings.

Nothing in this chapter shall exempt historic buildings from compliance with the intent and purpose of this C hapter. Qualified historic buildings shall comply with requirements of the Historical and Existing Building Code established under Part 8, Title 24 of the California Code of Regulations.

Section 8-19.090 Minimum Standards.

A. Potentially hazardous buildings shall be retrofitted in conformance with one of the following engineering criteria:

1. 2012 edition of the International Existing Building Code (IEBC) Appendix Chapter A-4; or

2. ASCE 41-06, Seismic Rehabilitation of Existing Buildings, using a performance objective of S-5 (Collapse Prevention) in the BSE-C earthquake; or

3. ASCE 41-13, Seismic Evaluation and Rehabilitation of Existing Buildings, using a performance objective of S-5 (Collapse Prevention) in the BSE -2E Earthquake; or

4. FEMA P -807, Seismic Evaluation and Retrofit of Multi -Unit Wood -Frame Buildings With Weak First Stories, as a pre -approved "substantially equivalent standard" under procedures of CBC Section 104.11 for Alternative Materials, Design and Methods of Construction, and wi th a retrofit objective as established by the Building Official; or

5. Subject to the project specific approval by the Building Official, the 2003 edition of the International Existing Building Code (IEBC) Appendix Chapter A -4, for buildings with Seismic Engineering Evaluation Reports submitted prior to January 1, 2014, that (i) include structural design calculations and construction documents demonstrating conformance to Chapter A4 of the 2003 IEBC; and (ii) are suitable for building permit submittal.
600

B. Work above the Ground Floor: Regardless of which standard is selected, this Chapter does not require retrofit actions above the Ground Floor and the floor diaphragm immediately above it.

Section 8-19.095 Reduction in Parking and Non -Compliance with Development Standards.

Notwithstanding any other provisions of this Code to contrary, approved retrofits that result in deviations from development standards shall be permitted. All deviations shall be approved by the Building Official and Zoning Administrator.

Section 8-19.100 Information Required on Plans.

B. Engineers Statement. The responsible engineer shall provide the following statement on the approved plans:

"I am responsible for designing this building's seismic strengthening in compliance with the minimum standards of the Mandatory Seismic Strengthening Provisions for Existing Wood Frame Buildings with Soft, Weak or Open-Front Walls (Chapter 8-19.090)."

I, [Owner Name(s)], und erstand the seismic evaluation and strengthening performed under this project is limited to that specified in the Mandatory Seismic Strengthening Provisions for Existing Wood Frame Buildings with Soft, Weak or Open -Front Walls (Chapter 8 -19) which is intended to reduce the risk under a seismic event. I understand the full building, has not been evaluated nor strengthened for other potential structural deficiencies that may cause a life safety concern, injury, or property damage risk under a seismic event.”

Section 8-19.110 Quality Assurance.

the Engineer of Record to perform structural observation as defined in the Building Code.

B. Special Inspection. Special inspections shall be provided as required by the Building Code. Additional inspections shall be noted on drawings as required by Building Official.

Section 8-19.120 Violation/Penalty.

A. Violation. It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, or cause the same to be done, contrary to, or in violation of, any of the provisions of this Chapter. A building that is found to be within the scope of this Chapter and is not brought into compliance in the time frame indicated in Table A, shall be declared unsafe and subject to the requirements of the currently adopted Building Code.

B. Penalty. Any person , firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, (one thousand dollars) or by imprisonment for not more than six months, or by both such fine and imprisonment.

The provisions of this section are in addition to and independent of any other sanctions, penalties or costs which are or may be imposed for a violation of any of the provisions of this Chapter.

C. Recordation of violation. If (A) the Building Official determines that any property, building, or structure, or any part thereof is in violation of any provision of this Chapter; and if (B) the Building Official gives written notice as specified below of said violation; then the Building Official may have sole discretion to, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The remedy provided by this section is cumul ative to any other enforcement actions permitted by this Chapter.

D. Notice. The written notice given pursuant to this Section shall indicate:

1. The nature of the violation(s); and

2. That if the violation is not remedied to the satisfaction of the Building Official, the Building Official may, at any time thereafter, record with the County Recorder’s Office a notice that the property and/or any building or structure located thereon is in violation of this Chapter. The notice shall be posted on the property and shall be mailed to the Owner of the property as indicated on the last equalized County Assessment roll. The mailed notice may be by registered, certified, or first-class mail.
602

Section 8-19.130 Severability.

B. Other laws. The provisions of this Chapter shall not be deemed to nullify any provisions of local, state or federal law.

SECTION 3. 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 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 5. The Mayor shall sign this Ordinance, and the C ity 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 certi fied 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.
603

PASSED, APPROVED, AND ADOPTED this 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

604

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. 3325 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 16, 2025 and adopted at the regular meeting held January 20, 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. 3325 duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 2026 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

605
1 SOFT STORY

ADDRESS INDEX

BUILDING DEPARTMENT
303 E B ST
ONTARIO, CA. 91764

JAMES CARO

BUILDING OFFICIAL
606

607
165163
320
555
100
636
640
225
315
125
535
422
552
526528
227
301
541
705
718
316
222
128
720
607 200
303
532
413
221
549
215
110
545
501
541
235
519
541
653
562
305
444
414
211
234
315
528
513
546
324
521
327
615
407
544
552
212
712
653
546
126
121 204
311
632
404
609
225
600
556
410
503
413
422
562
522
608
500
504
517
536
535
310
325
302
540
506
401
228
530
123
548
541
600
418
161159
322
600
410
525
120
236
564
430
506
600
613
114
536
321
602
208
704
111
560
401
527
534
235
520
565
522
221
636
228
206
301
519
422124
126
122
228
121 403
616
230
400
671
319
522
210 203
534
527
563
640
226
519
559
216
401
211
544
309
412
326
600
539
115
526
601
538
410
406402
120
419
304
320
311
418
415
509
545
556
536
425
704
532
111
405
730
234
411
412
403
404
208
437
509
214
214
425
640
635
515
115
219
535
636
528
546
125
700
661
420
609
245
517
520
115
525
401
126
541
418
112
206
557
240
532
321
535
404
413
534
405
551
625
564
114
201
513516513
640
654
552553
621
639
140
140
530
635
136
114
527
561
557
132
407
411
525
535
507
660
427
302
631
507
559
304
703
615
526
542
525
665
531
615
608
507
520
301
545
642
521
223
519
201
546
216
531
643
307
528
555
646
606
507
217
213
312
422
420
218
612
328
217
137
722
653
558
562
512
637
720
415
139
215
626
711
209
323
108
527
616
730
323
408
713
723
108
719
437
517
725
121
225
421
316
622
422
218
312
638
320
220
540
516
325
552
718
211
204
309
426
717
136
550
543
551
220
548
652
120
220
514
508
709
558
531
724
119
642
235
407
708
320
120
723
127
317
422
413
323
316
219
328
404
205
311
203
222
318
307
222
416
425
223
412
609
240
226
314
620
609
318
515
635
525
437
703
215
418
117
555
306
121
411
301
519
412
116
726
651
218
312
716
323
317
647
525
218
317
537
407
662
556
403
503
214
655
324
120
309
656
215
421
726
544
126
417
318
212
533
302
212
224
213
226
307
319
532
724
537
122
114
308
321
417
418
723
308
218
325
227
603
526
531
311
534
544543
421
417
341
419
317
547 550
718
312
514
610
538
549 628
221
115
203
561
616
330
549
124
418
315
320
157
217-219
528
412
718
607
565
507
210
543
312
222
422
525
114
537
519
561
601
526
522
503
118
631
148
140
710
510
555
213
516
315
532
612
714
556
203143
115
137
311
223
129
523
520
622
233
602
224
562
229
322
627
525
204
319 507
321
150
565
538
336
620
566
604
610
408
654
523
524
140
527
541
721
140
514
318
221
319
511
417
120
626
415
150
315
125
238
143
422
505
423
717
616
514
153
607
141
211
229
608
654
325
124
131
652
530
541
415
129
517
535
310
614
423
425
313
638
417
228
541 523
612
226
541
516
303
504
546
309
135
301
316
233
312
617
135
611
305
230
128
502
719
550
615
136
508 510
560
403
311
535
304
555
534
131
554
115
520
524
513
521
532
117
520
529
133
521
626
527
500
542
531
225 131
619
607
708
227
540
116
132
426
516
307
402
137
331
145
314
552
203
201
304
156
610
546
319
308
722
718
318
533
517
127
538
520
537
224
117
131
121
617
616
427
300
540
549
603
221
113
211
144
507
522426
317
407
542
527
516
107
230
427
411
317
626
525
132
621
122
312
505
525
525
533
533
512
501
524
523
127
519
554
545
516
551
541
530
554
117
510
121
133
121
141
420
528
137
561
561
112
560
609
521
119
418
549
141
556
120
528
303
231
527
313
237
633
501
527
222
508
537
400
132
515
111 623
516
523
201
528
625
511
118
134
122
133
428
625
501
204
541
511
208
524
127
510
552
115
546
415
564
531
521
560
117
525
403
509
531
304
668
649
519
634
639
118
108
559
559
507
526
303
225
124
148
514
536
545
220
644
545
109
555
511
130
122
123
128
121
532
129621
535
549
621
307
303
648
125
654
225
129
226
527
659
558
126
646
118
228
565
211
721
317
116
427
119
720
650
328
516
117
224
425
106
115618
522
117
524
233
640
646
512
434
624
209
326
113
228
416
558
617
421
414
306
630
414
126
303
127
303
559
123
225
518
216
312
428
428
656
222
118
222
726
327
622
208
200
517510
310
632
110
630
111
539
120
516
110
219
514
100
634
323
621
108
401
118
211
223
553
111
104
227
419
560
204
307
417
528
214
213
624
223
301
622
607
203
321
612
513
536
206
308
610
660
520
429
421
215
652
208
413
226
621
400
324
202
216
122
110
611
123
210
311
117
207
503
200
432
118
418
608
434
208
618
408
511
201
214
519
115
624
222
321
325
136
110
623
421
211
507
147
562
421
514
607
115
145
615
601
417
126
615
127
611
208
210
120
114
703
108
563
616
628
610
402
329
125
127
429
525
110
617
417
523
313
715
616
645
427
216
613
233
121
419
313
614
101
501
600
101
117
511
603
323
503
610
514
236
601
120
421
224
324
412
547
425
619
317
423
508
109
105
112115
617
643
521
210
510
623
600
516
315
151153155157159161163165
150152154156158160162164
400402404406408410
409
460462464
220
280
500
506
225
437 666
-
635
121
117
207
215
217
115-123
210
216
226
201
408
410
217
214
610
409
409
412414
450452454
415
423
425
427
429
501
129
220
210
127
222
202
153
708
649
414
713
456458
155153
314312310308306304302300
364362360358
398
396
542 546
536 538
356354352
554
552 550
316
221
350
123 203
109
115
117
133
143
219
319230
226
141
139
151
420
380
611
618
620
328
200
107
317
221
225
103105107
209
101
109
205
213
215
111
201
163161
110108106104 105103
163161159157155153151
162160158156154152150
164162160158156154152150
110108106104102100
162160
158
150152154156
151153155157159
100102
111109107105103101 100102104106108110
103101
109107
101
111
100102104106108110 111
322
328
316
310
109107105
415/425
120
325
211
207
210
101
102
313
415
405
325
303
210
218
123
622 117
321
311
315
104
110108106
313
305303
307
331
333
301
150
150
516
212
520
516
502
511 505
615
622
504
508
509
625
512
513
506
621
627
629
510
626
636
617
324
413
322
514
507
619
206
204
515
503
624
628630
519
521
218220
210 212
216
214
221
311
225
311
419
401
313
125
129
303
119
315
121
133
127
521
311
421
123
305
229
405
317
404
223
131
309
218 120
615
629
712
206
600
650 648
714716
602
204
122 504
719
309
590
231
570
537
534
415417
425423421419
622
250
270 280
220230240
260
131
141151
550
516
214
505
647
620
155
530
558
381
331
518
309
201
215
217
311
212
F ST
B ST
D ST
E ST
C ST

FLORA ST

HOLT BL

MAIN ST

EUCLID AV

TRANSIT ST

NOCTA ST
LEM
O
N AV

EMPORIA ST
PLUM
AV

FERN AV

SULTANA AVPALM
AV
CAM
PUS AV

CHERRY AV

VESTA ST

VINE AV
M
ELRO
SE AV

PLEASANT AV

HOLT BL

VINE AV

MAIN ST
D ST

VINE AV
PLUM
AV
E ST

D ST D ST

EUCLID AV
D ST
E ST
F ST

EMPORIA ST

HOLT BL
E ST
F ST
D ST
C ST
B ST

VINE AV
C ST

HOLT BL
B ST

D STD ST
E ST
F ST

D ST D ST

HOLT BL

EMPORIA ST

MAIN ST

EUCLID AV

EMPORIA ST
D ST
LEM
O
N AV

EUCLID AV

HOLT BL
E ST

FERN AV
F ST
E ST
LEM
O
N AV

VINE AV
B ST

HOLT BLHOLT BL HOLT BL
C ST

EUCLID AV
PALM
AV
D ST
E ST
PLUM
AV
CAM
PUS AV

EUCLID AV

MAIN ST

EUCLID AV
F ST

MAIN ST
LEM
O
N AV
B ST

FERN AV

VINE AV

F ST F ST

EUCLID AV

MAIN ST
C ST
E ST
C ST

EUCLID AV
D ST
Legend
Unreinforced Masonry Building
Streets
N
URM Buildings/Properties
608
1320
1429 1456
1230
1201
1098
1125
1411
1220
1340
1150
1117 1211
1116
1212
1206
1245
1132
1244
1405
1208
1155
1156
1126
1347
1128
1141
1112
1316
1360
1336
1133
1327
1309
1351
1138
1148
1137
1512
1450
1451
1212
1314
1103
1448
1350
1135
1444
1336
1111
1228
1421
1122
1359
1123
1416
1358
1233 1303
1122
1246
1322
1445
1118
1513
1236
1435
1340
1242
1130
1118
1528
1439
1516
1345
1517
1404 1403
1421
1357
1339
1315
1409
1424
1529
1522
1346
1334
1120
1360
1410
1321
1416
1202
1152
1415
1344
1142
1333
1306
1454
1354
1352
1250
1356
1350
1412
1426
1328
1523
1434
1442
1344
1406
1346
1402
1339
1214
1356
1427
1210
1153
1202
1335
1343 1343
1315
1341
1309
1332
1344
1117
1209
1335
1115
1106
1430
1424
1421
1336
1401
1220
1146
1436
1140
1134
1129
1208
1321
1411 1140
1115
1147
1231
1134
1203
1216
1420
1128
1235
1217
1320
1316
1223
1354
1336
1326
1352
1327
1350 1349
1407
1121
1310
1335
1146
1343
1127
1353
1126
1222
1347
1337
1349
1354
1321
1331
1348
1344
1351
1349
1357
1342
1353
1141
1350
1363
1148
1104
1115
1104
1110
1116
1130
BA
1109
1353
1128
11341122
1408
1406
1141
1139
1088
1086
1094
1092
1090
1096
AM
ADO
R AV

SIXTH ST

FIFTH ST
I-10 FWY E.B.

G
RO
VE AV
VIRG

INIA AV
VIRG

INIA AV

PARKSIDE AV

PRINCETON ST
I-10 FWY W.B.

Date: 12/10/2025
1919-1937
1655
1941- 1957
1801
1140 1939
502
1903
622
924
1221
1221
1670
1820
429
514
794
1909
1035
1890
1885
1841
1864
1851
1733
1221
1249
1959
1802
1880
1891
1885
1559
1725
854
1672
1679
1685
1635
950
1719
1693
1682
914
935
908
932
1822
1822 1821
951
919
1821
815 949
824
645
608
840
608
643
637
608
846
620 619
1616
607
630
638
1750
950
646
1237
607609
644
810
851
824
631
845
615
631
638
643
738
644
818
708
637
752
802
632
832
623
625 627
614 613613
638
631
637
941
626
1750
760
619
1749
614
746
632
626
1749
702
18721866
730
720
927
1646
1735
620
924
614
915
601
714
944
1255
1645
947 1736
923
923
839
1875
924
1717
1647
917
1773
1895
1816
854
857
1674
1691
1849
1646 1223
1755
833
1761
1673
953
827
1205
848
828
923
1205
918
853
1855
1676
931
1779
1718
930
842
1685
1723
1661
1667
1711
1804
1675
1815
1679
1809
942
851
949
1815
1730
1804
1644
1038
1840
923
1903
1789
1553
941 954
953
918
1803
1886
821 1880
938
1773
1803
1699
17741774
1686
947
858
845
839
1217
912
1830
1706
1694
1705
17801779
852
1712
863
1687
1705
1809
1664
1816
1700
1692
1662
1750
846
1767
1681
951
1711
1768
1698
1706
906918
1015
1668
1767
1810
1682
1652
1676
1693
917
834
1704
1302
1705
1651
1675
1761
935
1762
955
1729
1663 1664
1650
905
1656
857
936
840
859860
1780
1712
966
960
948
1663
1768
1762
1718
1669
1834
1711
933
924
950
1717
1687
1680
1755
1694
959
929
941
1622
1706
941
1714
1640
1688
954
1651
1756
945
938
911
1699
1693
1810
1670
1711
943
1211
1756
935
1868
1718
1055
1699
864
1657
948
1251
1776
1658
1717
1885
1666
1828
935
1827
1723
956
1827
1243
906
1846
1862
948
905
1652
1658
1018
924
1688
1806
936
1728
1682
917
939
930
1681
1885
947
1657
1850
929
944
1724
1756
911
1905
905
911
1856
1670
1828
1800
953
1874
1820
1724
912
1700
1712
1669
1762
1814
864
942
847
965
1852
1026
1044
1032
1945
1723
1841
1828
942
1925
1900 1910
1770
1834
863
1915
1255
1876
1965
1955
914
1864
863
954
1935
1870
1833
1921
1909
930
1888
1995
1985
1628
1674
1833
918
1858
1927
1834
1915
1217
1231
1878
1699
1865
1882
1237
1873
1642
833
1698
1896
1757
1033
1871
1853
1859
1762
1654
1243
1865
1027
1802
1793
1016
1022
1879
1892
1759
1714
1211
1877
1715
1740
1750
1802
1732
1015
1783
1849
1843
1825
1776
1775
1636
1015
1814
1859
1880
1009
1847
2011
1249
1019
1002
1008
1003
1662
1668
1223
1648
1027
1033
1771
1738
1041
1021 1024
1820
1045
1811
1774
1778
1862
1036
1706
1718
1762
1045
1039
1760
1021
1003
1752
1743
1837
1777
1743
1844
1737
1676
1709
1808
1850
1702
1801
1018
1716
1006
1022
1726
1844
1680
1015
1875
1811
1021
1874
1862
1744
1003
1720
1009
1849
1755
1869
1817
1021
1009
1015
1725
1015
1715
1754
1024
1832
1726
1868
1012
1728
1781
1801
1749
1710
1724
1010
1774
1704
1722
1734
1748
1857
1686
1692
1005
1826
1805
1769
1831
1808
1816
1834
1009
1712
1812
1696
1777
1756
1795
1843
1811
1003
1763
1856
1738
1828
1819
1695
1856
1731 1732
1744
1011
1805
1703
1814
1838
1600
1820
1721
1707
1805
1012
1691
1723
1650
1022
1840
1768
1018
1713
1012
1737
1701
1719
1749
1761
1018
1725
1817
1782
1706
1746
1015
1009
1004
1016
1006
1837
1787
1685
1794
1733
1004
1788
1731
1758
1003
1822
1691
17801750
1743
1850
180217901780
1806
1786
1796
1755
1849
1865
1881
1903-2059
1845
1625
1725-1739
1821
1833
1850
540
1651
1665
1635
1645
1673
1675
1637
1647 1667
1655
1671
1677
1653
1705
1657
1661
1663
1681
1695
1715
1725
1641
1643
1735
1906
1956
1950
1932
1924
19541952
1902
1908
1904 1922 1948
1912
1926 1928
1910 1930
1902-2060
1639
1641
1647
1671
1669
1665
1679
1673
1657
1643
1659
1645
1649
1653
1667
1677
1661
1651
1655
1675
1663
1723
1719
1706
1704
446
1746
505
516
511
1720
1717
1703
1714
440438441 437
442 444447
1770
1749
508506509
520519
1718
1722
1724
1702
1701
433
439
17901754
1745
504
515
1718
1708
1759
507 505
520
1726
1714
1709
434
448
443445
453
1760
1781
1795
503
512
507
517
17071705
1702
1710
432
436
450
17561744
1755
510
514518
1706
1716
1712
430
431435
452
1780
1741
1757
503 502
513 509
1710
455 451
17581748
521
1050
1904
2000
1900
I-10 FWY E.B.

I-10 FWY W.B.

I-10 E/B OFF RAMP
JAY ST
G ST

FOURTH ST
I ST
G ST
1702
1601
1560
104
1507
213
225
131
1652
125
205
1658
1650
219
1637
119
1513
1649
1605
1661
119
1625
1613
1617
215
1655
210
1549
214
202
273
220
1606
1561
1622
105
1555
1524
1619
1518
1623
1526
1605
1611
1632
1626
1654
1627
1658
1637
113
1617
1653
1504
112
1607
1631
1616
1657
109108
1643
1701
1647
1621
1627
1707
1663
1628
1562
1614
1141641
1620
1711
1558
1610
1529
1601
1712
1706
1702
1525
1610
1610
1510
15141512
1632
1642
1638
1634
1640
1636
1711
109

EUCLID AV

LOCUST ST

DE ANZA CI

LAUREL AV

EUCLID AV

LOCUST ST

EUCLID AV

LOCUST ST

LAUREL AV
555
541
535
720
532
415
513
521
407
544
546
632
422
500
613
422
600
526
406
419
556
536532
509
535
528
532
535
413
534
551
625
513516513
552553
621
530 527
561
557
411
525
535
507
631
507
559
526
542
525
531
615
520
545
521519
546
531
528
555
606
420
612
558
562
415
626
609
527
616
408
517
622
540
516
552550
543
551
548
514
508
407
422
416
425
609
418
411 412
537
556
421
533532
417
625
607
615
601
527
621
631
627
562
408
561
633
630
624
545
422423
546
616
625
607
555
551 552
556
620
603
425
629
417
607
612
516
504
546
604
614 613
610
603
510
560
534
561
554
520
524
517
523
626
551
540
547
557
501
615
314
552
610
319318
505
617
616
603
531
317
407
427
411
525
541
512
609
528
313
633
501
511
515
523
428
625
501
541
415
564
531
560
519
559
507
545
502
511
535
527
427
416
630
559
428
632
516
514
553
560
622
612
513
610
432
608
511
623
421
615
563
628
523
501
503
547
423
521
409 409
620
558
381
518
D ST
F ST
E ST
G ST

EL MORADO CT

SULTANA AV

G STG ST
F ST
D ST

EL MORADO CT
E ST
D ST
E ST
648
535
320
552
526
301
647
725
631
648
408
607
413
501
541
519
302
726
611
315
623
804
321
718
324
560
644
532
503
726
627
552
748
723
327
556 562
517
535
409
325
326
540
506
413
548
607
525
204
311
303
564
536
560
527
534
520
565
534
411
403
337
403
315
522 527
563
430
705
559
713
323
425
544
546
412
341
538
410
315
656
404
604
908
504
747
414
565
705
420
665
554
425
506
824
411
412
860
403
404
646
704
404
606
309
314
337
664
505
715
425
566
725
515
651
565
627
631
420
659
715
303
721
727
720
418
557
713
606
611723
566
531
557
630
312
404
604
405
564
735
661
331
601
652
646
637
308
615
315
640
727
643
610
545
808
735
660
652
603
602
741
605
551
717
740
538
560
546
419
407
537
708
645
427
406
609
304
304
661
527
615
715
325
905
504
608
301
618
640
621
521
425
631
643
507
422
624
525
328
649
518512
624
638
632
726
309
551
605
561
323
612
319
661
635
641
657
512
656
421 422
312
725
426
650
561
517 518
566
618
719
558
650 653
614
324
756
531
517
651
533
855
559
512
413
714
316
308
545
539
655
706
549
307
705
412
653
624
834
840
525
612
654
558
736
555
544
744
335 624
717
519
633
555
663
637
720
317
407
509
544
549
417
318
660
601
844
545
226
307
550
537
323
512
562
321
642
513
525
664
526 528
418
333
615
607
325
603
531
311
712711
620
544543
617
720
631
715
630
417
619623
309
419
317
547
625
550
312
544
722
716
314
716
750
612
538
549
318
556
535
330
631
308
710
562561
611
636
549
632
418
705
528
750
606
616
724
412
714
550
648
565
620
507
550
566
728
632
543
422
525
320
632
556
603
324
537
648
519
317
402
561
730
330
654
617
538
542
636
543
524
604
457
721
536
710
522
757
503
663
140
555
706
228
610
537
626
555
411
516
323
518
314
642
722
623
315
532 530
611
626
605
629
556
203143
137
311
544
710
319
421
651
756
520
716
233
453
562
715
616
229
709
721
639
319 507
744
565
538
566
705
614
602
417
423
414
412
716
722
454
511
417
720
726
738
421
628
150
512
315
636
625
708
610
437
704
628
304
610
617
744
714
626
514
153
632
141
608
732
604
603
433
704
541
703
415
447
620
443
535
423
423
722
640
750
645
624
726
654
715
708
405
720
541
642
727
745
309
412
135
723
657
434
409
648
709
305
313
704
741
448
413
403
618
415
535
406
714
438
418
532
429
521
527
716
704 705
426
436
156
416
722
427
704
300
444
144
522426
542
717
407
715
233
528
710
418
711
527
657
753
721720
709
232
235
424
524
732
705
710
403
738
566
724
812
725
713
148
714
418
714
706
549
211
522
326
306
414
303
428
222
622
458
323
621
710
213
223
321
308
429
421
311
408
325
421
607
615
611
210
616
402
617
313
216
313
603
614
610
224
619
317
510
516
315
429
816
610
406
328 330
332334336
338
631
233
340
322
316
310312
620
419
153
154 613619635641653
542 546
536 538
554
552 550
316
221
219
319230
226
202
204
206
317
319321
311
313
325
331333329
327
337
339
343345
322
328
316
310
325
227
322
626622
326
620
324
630632628
640652 646
222
228
306
312
320
625
418
424
422
330
322
328
324
520
516
502
511 505
615
631
622
504
508
509
625
512
513
415
506
621
627
629
510
626
636
617
324
413
322
514
507
501
619
411
515
503
624
628630
626
628
624
519
521
601603605
221
311
225
311
419
401
133
521
421
305
229
405
404
223
309
423
537
415417
425423421419
516 505
530
719
215
217
D ST
G ST
I ST

D ST D ST
1021
950
430
112
943
1031
144
1050
406
221
308
154
964
206
129
152
1125
1051
961
941
125
967
325
142
305
1020
221
964 940
1024 1021
1065
1044
1032
106
151
1008
1027
1102
115
1024
1025
960
1025
1125
1113
1005
122
152
122
122
1050
960
1004
1013
934
222
938
304
11081136
957
945
939939
963
228
320
950
962
944
951
956
216
314
151
326
210
1105
1033
1111
951
955
961
933
940
1001
1007
1120
1124
943
952
964
1130
431
958
1050
1012 1011
1035
1022
1006
946
1018
1034
1002
1028
1062
1038
1015
1023
1039
1045
1017
1044
1009
1005
1115
1011
1029
1055
1022
1016
1049
1059
1006
1054
1001
1027
1017
1005
1053
1049
1039
1021
1063
1104
1045
1059
1066
1012
1044
1060
1002
1018
1034
1050
1058
1028
1066 1063
1128 1127
1038
1116
1121
1110
1122
1005
1111
1006
1004
1053
D ST
B ST

BROOKS ST

HOLLOWELL ST

HOLT BL

VESTA ST
M
O

UNTAIN AV
PALM
ETTO
AV

PINYON CT

HOLT BL HOLT BL
M
O

UNTAIN AV
M
O

UNTAIN AV
D ST

BROOKS ST
M
O

UNTAIN AV

BROOKS ST
1302
1025
811
746
939
965
955
509
515
1302
511
1161
730
1145
1025
1135
1155
1025
860
905
958
832
700
945
827
953
933
927
910
754
1060
624
859
990
1070
912
1005
1026
1055
808
1045
850
729
843
1011
820
954
932
946
940
960
904
823
820
926
905 904832
1009
1021
961
920
965
933
938
910
934
942
907
939
962
927
947
903 908
939
919
919
1004
904 907
963
905
953
924
966
919
907
941
925
913
944
952
904
710
941
906
1142
918
923
932
943
967
933
931
968
958
955953
949
961
965
913
947
933
919
928
954
911
967 968
948
906
914
969
1012
954
916
942 943
928
940
964
918
947
922
946
910
967
955
925
917
934
952
916
946
1164
925
964
1156
911
1028
937
929
1148
964
940
955
755
749
922
964
951
933
930
913909 912
963
945
958
937
921
908
948
934
952
936
924
928
917
957
911
949
959
927
939
934 931
904
1020
1104
944
922
964
959
918
921
1105
961
962
958 962
1027
1106
938
928
954
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Legend
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N
609
Department: Public Works
Prepared By: Adrian Escamilla
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: 14
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RMA

GROUP FOR ON-CALL GEOTECHNICAL CONSULTING AND MATERIALS TESTING

SERVICES FOR THE VINEYARD PARKING STRUCTURE AND PROFESSIONAL

BASEBALL STADIUM PROJECT

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on-call geotechnical consulting and materials testing services for the Vineyard Parking Structure and Professional Baseball Stadium Projects in the amount of $1,946,145 for a total not-to-exceed contract amount of $5,386,245 and extend the contract term to May 2, 2028; and B
.

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:

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 Amendment No. 3 to the Professional Services Agreement with RMA Group is in the amount of $1,946,145 for a total not-to-exceed contract amount of $5,386,245. The total contract amount of $5,386,245 includes on-call work performed for various citywide projects.

The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the Vineyard Parking Structure and Professional Baseball Stadium Projects.

BACKGROUND & ANALYSIS:

The Ontario Sports Empire includes a new professional baseball stadium, sports ﬁelds, and multiple parking structures. The Vineyard Parking Structure is a six-level 610
parking structure that is being constructed to facilitate the high volume of visitors and vehicles at the Ontario Sports Empire located along Vineyard Avenue. The parking structure will include 1,300 parking spaces, four elevators, three observation decks, three stairwells with glass, an urban modified façade, and a jumbotron attachment.

On November 18, 2025, the City Council approved Amendment No. 2 to the Professional Services Agreement with RMA Group to perform compaction testing, fenestration testing, and other special inspection services at various sites at the Ontario Sports Empire, including the sports ﬁelds, onsite paved areas, and professional baseball stadium. Staﬀ recommends approving the proposed Amendment No. 3 to the Professional Services Agreement with RMA Group to perform compaction testing, foundation excavation inspection, fenestration testing, and other special inspection services for the Vineyard Parking Structure and professional baseball stadium. 611
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AM
ENDMENT NO. 3 TO

THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

RMA GROUP

1. P
arties and Date.

Th
is Amendment No. 3 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and RMA Group , a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. T he City and Consultant have entered i nto an agr eement entitled “On- Call Material Testing & Geotechnical Engineering Services” dated May 2, 2023 (“Agreement”).

2.2 Amendment Purpose. T he City and Consultant desire to amend the A greement to exercise the two option years, include compaction testing, fenestration testing and special inspection for D&C24-008 Vineyard Parking Structure and D&C23- 011 Professional Baseball Stadium and increase the amount by $1,946,145 for a new not-t o-exceed amount of $5,386,245. The Parties have heretofore entered into that Amendment No. 1 dated October 15, 2024, and Amendment No. 2 dated November 18, 2025.

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

3.7.14 of the Agreement.

3. T
erms.

3.1 Amendment . Sections 3.1.1, 3.1.2 and 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
“3. 1. 1
General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
612
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material testing and geotechnical engineering services necessary for the Project (" Services"). The Services are more particularly described in Exhibit" A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.”
“3.1.2 Term. The term of this Agreement shall be from May 2, 2023, to May 2, 2028, unless earlier terminated as provided herein. Consultant sha ll complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, wr itten consent, extend the term of this Agreement if necessary to complete the Services.” “3. 2. 1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Million Three Hundred Eighty-Six Thousand and Two Hundred Forty-Five Dollars ($5,386,245) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.” E
xhibit A is hereby amended in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3. 2 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No.3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

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

3. 4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
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[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND RMA GROUP

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

CITY OF ONTARIO RMA Group
By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

615
Department: Public Works
Prepared By: Gil H Mars
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: 15
SUBJECT:

AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING, INC. FOR THE DE ANZA PARK RENOVATION

PROJECT

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

a
.

Authorize the City Manager, or his designee, to execute Amendment No. 12 to the Maintenance Services Agreement with American Threat Assessment Consulting, Inc. (A.T.A.C), of Rancho Cucamonga, California, for the De Anza Park Renovation Project in the amount of $588,496 for a total not-to-exceed contract amount of $3,153,388; and b
.

Authorize the City Manager, or his designee, to execute Amendment No. 13 to the Maintenance Services Agreement with A.T.A.C, of Rancho Cucamonga, California, for the Fleet Services Shop Camera Installation in the amount of $25,070 for a total not-to-exceed contract amount of $3,178,458; and
c
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Maintain the Current High Level of Public Safety
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

Amendment No. 12 to the Maintenance Services Agreement with A.T.A.C. is in the amount of $588,496 for a total not-to-exceed contract amount of $3,153,388. The Fiscal Year 2025- 26 Adopted Budget includes appropriations in the Capital Projects-Measure Q Fund for the De Anza Park Renovation Project.

616
Amendment No. 13 to the Maintenance Services Agreement with A.T.A.C is in the amount of $25,070 for a total not-to-exceed contract amount of $3,178,458. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the Equipment Services Fund for the Fleet Services Shop Camera Installation.

BACKGROUND & ANALYSIS:

As the City continues to expand, it increasingly relies on its Real Time Information System and surveillance technology to enhance safety, improve operational eﬃciency, and strengthen situational awareness. A.T.A.C. provides the City with professional installation, maintenance, and technical support for its security camera systems and has consistently delivered high-quality service since the initial contract began in 2019. Their expertise has proven critical in maintaining the City’s complex camera infrastructure. On December 16, 2025, the City Council approved Amendment No. 11 with A.T.A.C for the purchase, installation, and monitoring of ﬁve security cameras at the Latimer Ballfield Concession Stand in John Galvin Park.

The proposed Amendment No. 12 will allow for the purchase, installation, and monitoring of 41 cameras and necessary equipment at various locations of De Anza Park as part of the De Anza Park Renovation Project. The project has an estimated completion date of September 2026.

The proposed Amendment No. 13 will allow for the purchase, installation, and monitoring of six cameras and necessary equipment for the Fleet Services Shop located at the Public Works Yard. The installation of these cameras will enhance workplace safety, support incident prevention, and promote the overall wellbeing of all employees. The amendments are necessary in order to match other products in use on a particular public improvement either completed or in the course of completion.

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AMENDMENT NO. 12 TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND AMERICAN THREAT ASSESSMENT CONSULTING, INC.

1. P
arties and Date.

Th
is Amendment No. 12 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and American Threat Assessment Consulting, Inc. , a C orporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled Security Cameras, Access Control, Paging/Duress Installation, Repair and Maintenance Service Agreement dated August 1, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to add compensation for additional equipment and increase the agreement amount by $588,496. The parties have heretofore entered into that Amendment No.1 dated April 19, 2021, Amendment No.2 dated July 15, 2021, Amendment No. 3 dated June 21, 2022, Amendment No.4 dated July 7, 2022, Amendment No.5 dated March 13, 2023, Amendment No.6 dated June 21, 2023, Amendment No.7 dated September 20, 2023, Amendment No.8 dated July 16, 2024, Amendment No.9 dated June 1, 2025, Amendment No.10 dated June 17, 2025 and Amendment No. 11 dated December 16, 2025.

2.3 Amendment Authority. This Amendment No. 12 is authorized pursuant to Section

3.5.18 of the Agreement.

3. T
erms.

3.1 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
618
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BB&K 2020

“3.

3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit " C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Million One Hundred Fifty-Three and Three Hundred Eighty- Eight Dollars ($3,153,388) without written approval of the City Manager. Extra Work may b e authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
E
xhibit “A” and “C” are hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3. 2 Continuing Effect of Agreement. Except as amended by this Amendment No. 12, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 12. From and after the date of this Amendment No. 12, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 12.

3. 4 Severability. If any portion of this Amendment No. 12 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 12 TO THE MAINTENANCE

SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND
AMERICAN THREAT ASSESSMENT CONSULTING, INC.

I
N WITNESS WHEREOF, the Parties have entered into this Amendment No. 12 as of the day and year first above written.

CITY OF ONTARIO AMERICAN THREAT ASSESSMENT
CONSULTING, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
620
2025
1 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone
Project: City of Ontario Date: October 7, 2025
De Anza Renovation
1405 S Fern Ave,
Ontario, CA 91762
Attention: City of Ontario
ATAC, Inc. is pleased to submit the following pricing for the project referenced above. The information is based on information sent by City of Ontario. This proposal is based on ATAC, Inc. providing material listed below only and associated manufacturer warranties.

Description of Work:
• The bill of materials below is based on documentation provided by the City of Ontario. If additional security technology is required, ATAC, Inc. shall provide it at an additional cost. • This proposal is based on adding the below devices to the existing City of Ontario Genetec Enterprise software and server. If additional storage and software is required, ATAC, Inc. shall provide it at an additional cost.
• ATAC, Inc. shall coordinate and manage all aspects of the project including installation. • All necessary 120v shall be existing or furnished and installed by others at no cost to ATAC, Inc.

This proposal excludes patch and paint work. All Fire Stopping shall be furnished by others at no cost to ATAC, Inc.
• This proposal excludes all pathways, conduit, backboxes, UPS and standard terminal cabinets.

ATAC, Inc. shall furnish the electrician with specialty back boxes for installation by the electrician and connection to the conduit.
• This proposal is based on running new cabling through existing pathways with pole string. This proposal excludes all the pathways for this project. If a new pathway is required, ATAC, Inc. shall provide a new pathway at an additional cost.
• All Warranties shall be per manufacturer’s warranty. ATAC, Inc. shall provide a proposal for a service and maintenance contract upon request.
• This proposal is based on prevailing wage labor rates. • All work shall be performed during standard business hours. Should work be required after hours, additional costs may apply.
• This proposal includes a work lift for installation.
• All design, plan check, and permit fees shall be by the owner if required. This proposal is based on the current insurance coverage ATAC, Inc. has in place. Should additional insurance be required any additional premium charges shall be submitted to the owner for reimbursement.

Attachment A
621

2025

2 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone

• This proposal excludes any UPS or back-up power, should the owner desire ATAC, Inc. to provide a UPS system it shall be at an additional cost. • This proposal is limited to the material listed below per plans. Should additional devices or equipment be requested by the owner it shall be supplied at an additional cost. • This proposal is based on all material being billed upon receipt of the contract. • Restocking fees shall be applied if the contract is cancelled during the material ordering period of this project.

Total Material Cost: $404,918.00
Total Software Cost: $11,256.00
Total Labor Cost: $136,940.00
Total Freight Cost: $4,000.00
Total Tax Cost: $31,381.15
Total Project Cost: $588,495.15
QTY MFG Model #/sku # Specification description in detail 41 Genetec GSC-OM-E-1C 1 Enterprise Camera Connection Licenses 41 Genetec ADV-CAM-E-1Y Advantage for 1 Enterprise Camera - 1 Year 33 AXIS P3737-PLE 4x5MP Multi-Direction Cameras with IR 8 AXIS Q6300-E 4X5MP AI-Based 360 Multi-Sensor Cameras with IR 8 AXIS Q6355-LE 2MP, AI-Powered PTZ with 31x Optical Zoom 33 AXIS T91H61 Wall Mounting Kits
33 AXIS T94N01D Pendent Mounting Kit for P3737-PLE
41 AXIS T91B57 Pole Mounting Kits
8 AXIS T91G61 Wall Mounting Kits
8 AXIS T94A01D Pendant Mounting Kit for Q6300-E
51 Berk-Tek 10334175 PoE Injector 1-Port RJ45
51 Berk-Tek 10400219 Power Supply Module
51 Berk-Tek 10396828 1 - Port Remote
51 Berk-Tek BHKR02A02D44FF300 Outdoor Fiber Cabling to Camera & WAP Locations 1 Tripp Lite SRW12UDP SmartTack Low-Profile Rack Enclosure ATAC, Inc. Testing and positioning of Cameras with City of Ontario Configuration and IPing of Cameras
Description of Work
ATAC, Inc.

ATAC, Inc. Installation of Mounts and Cameras
Bill of Materials
ATAC, Inc. Services
Company
ATAC, Inc.

ATAC, Inc. Termination and Testing of Fiber Connectivity ATAC, Inc. Installation of Fiber and Fiber Equipment through Existing Pathway Project Documentation and Project Management
622

2025

3 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone

Terms and Conditions

1. This proposal is valid for 30 days. All invoices are due Net 30 days from the date of the invoice. Please make checks payable to:

ATAC, Inc.
8706 Utica Ave.

Rancho Cucamonga, CA 91730
Attn: Accounts Receivable

2. All taxes and freight are included. Returned material shall incur restocking fees.

3. ATAC, Inc. has the right to stop work should invoices not be paid within 30 days.

Shall work be stopped the owner shall still be responsible for payment of all services rendered prior to the stop of work.

4. ATAC, Inc. shall provide proof of standard insurance upon request. Should insurance requirements above ATAC, Inc. standard coverage be required additional charges apply.

5. This proposal is based on prevailing wage rates.

Bid Prepared By:

Shawn Stocking
Director of Sales and Marketing
ATAC, Inc.

Bid Approved By: Address:

Print Name ______________________ _______________________________

Signature ______________________ _______________________________

Phone Number ______________________ _______________________________

Date ______________________

623
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AM
ENDMENT NO. 13 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN

THE CITY OF ONTARIO
AND AMERICAN THREAT ASSESSMENT CONSULTING, INC.

1. P
arties and Date.

Th
is Amendment No. 13 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and American Threat Assessment Consulting, Inc. , a C orporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. R
ecitals.

2.1 Agreement. T he City and Contractor have entered into an agreement entitled “Security Cameras, Access Control, Paging/Duress Installation, Repair and Maintenance Service Agreement” dated August 1, 2020 (“Agreement”).

2.2 Amendment Purpose. Th e City and Contractor desire to amend the Agreement to increase the agreement amount by $2 5,070. The parties have heretofore entered into that Amendment No. 1 dated April 19, 2021, Amendment No. 2 dated July 15, 2021, Amendment No. 3 dated June 21, 2022, Amendment No. 4 dated July 7, 2022, Amendment No. 5 dated March 13, 2023, Amendment No. 6 dated June 21, 2023, Amendment No. 7 dated September 20, 2023, Amendment No. 8 dated July 16, 2024, Amendment No. 9 dated June 1, 2025, Amendment No. 10 dated June 17, 2025, Amendment No. 11 dated December 16, 2025, and Amendment No. 12 dated January 20, 2026.

2.3 Amendment Authority. This Amendment No. 13 is authorized pursuant to Section

3.5.18 of the Agreement.

3. T
erms.

3.1 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

PAUL S. LEON
MAYOR
AL
AN D. WAPNER

MAYOR PRO TEM
JI
M W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
J
AMES R. MILHISER

CITY TREASURER
S

COTT OCHOA

CITY MANAGER
624
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“3.3.1 Compensation Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at t he rates s et f orth in Exhibit "C" at tached he reto and incorporated herein by reference. The total compensation shall not exceed Three Million One Hundred Seventy-Eight Thousand and
Four Hundred Fifty-Eight Dollars ($3,178,458) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
Exhi
bit “A” and “C” are hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3.2 C
ontinuing Effect of Agreement. Except as amended by this Amendment No. 13, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 13. From and after the date of this Amendment No. 13, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 13.

3.3 A
dequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 13.

3.4 S
everability. If any portion of this Amendment No. 13 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 I
ntegration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[S
IGNATURES ON FOLLOWING PAGE]
625
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SIGNATURE PAGE FOR AMENDMENT NO. 13 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND AMERICAN THREAT ASSESSMENT CONSULTING, INC.

I
N WITNESS WHEREOF, the Parties have entered into this Amendment No. 13 as of the day and year first above written.

CITY OF ONTARIO AMERICAN THREAT ASSESSMENT
CONSULTING, INC.

By:

Its:

Printed Name:

By:

Its:

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

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

City Clerk
626
2025
1 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone
Project: City of Ontario Date: October 17, 2025
OMUC Garage Security
Ontario, CA
Attention: Carlos Chavez
ATAC, Inc. is pleased to submit the following pricing for the project referenced above. The information is based on information sent by Carlos Chavez. This proposal is based on ATAC, Inc. providing material listed below only and associated manufacturer warranties.

Description of Work:
• The bill of materials below is based on documentation provided by the City of Ontario. If additional security technology is required, ATAC, Inc. shall provide it at an additional cost. • ATAC, Inc. shall coordinate and manage all aspects of the project including installation. • All necessary 120v shall be existing or furnished and installed by others at no cost to ATAC, Inc.

This proposal excludes patch and paint work. All Fire Stopping shall be furnished by others at no cost to ATAC, Inc.
• This proposal is based on running new CAT6A cabling to cameras. This proposal includes stub up conduit pathway to around 10ft to the roof and then running opening cabling to the cameras. • All Warranties shall be per manufacturer’s warranty. ATAC, Inc. shall provide a proposal for a service and maintenance contract upon request.
• This proposal is based on prevailing wage labor rates. • All work shall be performed during standard business hours. Should work be required after hours, additional costs may apply.
• This proposal includes a work lift for installation.
• This proposal is based on all material being billed upon receipt of the contract.

Attachment "A"
627
2025
2 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone
Total Material Cost: $13,150.00
Total Software Cost: $1,840.00
Total Labor Cost: $8,760.00
Total Freight Cost: $300.00
Total Tax Cost: $1,019.13
Total Project Cost: $25,069.13
Terms and Conditions
QTY MFG Model #/sku # Specification description in detail 6 Genetec GSC-OM-E-1C 1 Enterprise Camera Connection Licenses 6 Genetec ADV-CAM-E-1Y Advantage for 1 Enterprise Camera - 1 Year 2 AXIS P3827-PVE 7MP 180 Degree Panoramic Cameras
4 AXIS P3267-LVE 5MP Exterior Dome Cameras with IR
6 ATAC, Inc. Misc. Materials Pathway and Cabling for Camera Locations Lot ATAC, Inc. Misc. Materials Screws, Bolts, Work, etc.

ATAC, Inc. Installation of Cabling into Existing Pathway to (6) Camera Locations ATAC, Inc.

ATAC, Inc. Testing and positioning of Cameras with City of Ontario Installation of Cameras based on Design Provided by City of Ontario ATAC, Inc.

Configuration and IPing of Cameras
Description of Work
Project Documentation and Project Management
Bill of Materials
ATAC, Inc. Services
Company
ATAC, Inc.
628
2025
3 8706 Utica Ave.

Rancho Cucamonga, CA 91730
(909) 941-0300 phone

1. This proposal is valid for 30 days. All invoices are due Net 30 days from the date of the invoice. Please make checks payable to:

ATAC, Inc.
8706 Utica Ave.

Rancho Cucamonga, CA 91730
Attn: Accounts Receivable

2. All taxes and freight are included. Returned material shall incur restocking fees.

3. ATAC, Inc. has the right to stop work should invoices not be paid within 30 days.

Shall work be stopped the owner shall still be responsible for payment of all services rendered prior to the stop of work.

4. ATAC, Inc. shall provide proof of standard insurance upon request. Should insurance requirements above ATAC, Inc. standard coverage be required additional charges apply.

5. This proposal is based on prevailing wage rates.

Bid Prepared By:

Shawn Stocking
Director of Sales and Marketing
ATAC, Inc.

Bid Approved By: Address:

Print Name ______________________ _______________________________ Signature ______________________ _______________________________ Phone Number ______________________ _______________________________ Date ______________________
629
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: 16
SUBJECT:

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC ARCHITECTS

FOR ON-CALL ARCHITECTURAL SERVICES AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN ASSOCIATES, INC.

FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE

MUNICIPAL SERVICES CENTER RELOCATION PROJECT

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 8 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call architectural services for the Municipal Services Center Relocation Project in the amount of $13,566,326 for a total not-to-exceed contract amount of $33,501,466; and B
.

Authorize the City Manager, or his designee, to execute Amendment No. 1 to the to the Professional Services Agreement with Kimley-Horn Associates, Inc., of Riverside, California, for the preparation of the Environmental Impact Report (EIR) in the amount of $504,450, plus a
10% contingency of $50,445
, increasing the total contract amount by $554,895
,
for a total not-
to-exceed contract amount of $1,007,215 and extend the contract term to June 30, 2027; and C
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The recommended Amendment No. 8 to the Design Services Agreement with HMC Architects is in the amount of $13,566,326 for a total not-to-exceed contract amount of $33,501,466. The total contract amount of $33,501,466 includes on-call work performed for various citywide projects. If approved, additional appropriations in the Capital Projects, Water Capital, Sewer Capital, Integrated Waste, and Equipment Services Funds will be included in future quarterly budget updates to the City 630
Council as needed for the Municipal Services Relocation Project.

The recommended Amendment No. 1 to the Professional Services Agreement with Kimley-Horn Associates, Inc. is in the amount of $504,450, plus a 10% contingency of $50,445, increasing the total contract amount by $554,895, for a total not-to-exceed contract amount of $1,007,215. The total not-to- exceed contract amount of $1,007,215 includes a previously approved contract amount of $411,200 and 10% contingency of $41,120. If approved, appropriations in the General Fund will be included in future quarterly budget updates to the City Council as needed for the Municipal Services Relocation Project.

BACKGROUND & ANALYSIS:

The Municipal Services Center will house the Public Works Agency, the Ontario Municipal Utilities Company, and the Broadband Department under the Management Services Agency. Additionally, the Community Life and Culture Agency, the Information Technology Agency, and the Broadband Department may also utilize storage space at the new corporate yard.

On May 20, 2025, the City Council approved Amendment No. 7 to the Design Services Agreement with HMC Architects to bring the Municipal Service Center Relocation Project to the design development phase. During the planning phase of the project, several oﬀsite improvements and necessary upgrades to the existing bridge on site were identiﬁed that need to be addressed prior to the construction of the facility. If approved, Amendment No. 8 to the Design Services Agreement with HMC Architects will address the oﬀsite improvements and bridge upgrades and bring the design plans to the construction document phase.

On June, 3, 2025, the City Council approved a Professional Services Agreement with Kimley-Horn Associates, Inc. for the preparation of an Environmental Impact Report (EIR) for the proposed new Municipal Services Center, which will encompass approximately 54 acres of land, located on the south side of Philadelphia Street, approximately 1,300 feet east of Vineyard Avenue. The project site includes a portion of the Whispering Lakes Golf Course and the Ontario Soccer Park. The project will require a General Plan Amendment changing the land use designation from OS-NR (Open Space - Non-Recreation) and OS-R (Open Space - Parkland) to Public Facility, and a Zone Change to change the existing zoning district from OS-R (Open Space Recreation) to the CIV (Civic) zoning district. In compliance with the California Environmental Quality Act (CEQA) Guidelines, City staﬀ has conducted an evaluation and concluded that the appropriate environmental analysis for this speciﬁc proposal would involve an EIR. The Community Development Agency's pre-qualiﬁed consultant eligibility list for Environmental Services was utilized to select Kimley-Horn and Associates, Inc., to prepare the environmental document.

Further competition is not in the public interest because the contemplated amendment merely continues the consultant’s work on an existing project. Were another consultant to be utilized, it would result in increases in expenses, delays, and inefficiencies as a result of the loss of continuity. 631
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AMENDMENT NO. 8 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND HMC GROUP dba HMC ARCHITECTS

1. Parties and Date.

This Amendment No. 8 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and HMC Group dba HMC Architects, a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled “Design Service Agreement” dated January 1, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add design scope for D&C24-001 Municipal Services Center Relocation’s offsite improvements, existing bridge upgrades and to provide construction document for agency review . This will increase the contract’s not-to-exceed-amount by $13,566,326. The parties have heretofore entered into Amendment No. 1 dated July 22, 2022, Amendment No. 2 dated March 7, 2023, Amendment No. 3 dated September 5, 2023, Amendment No. 4 dated July 16, 2024, Amendment No. 5 dated October 15, 2024, Amendment No. 6 dated October 15, 2024 and Amendment No. 7 dated May 20, 2025.

2.3 Amendment Authority. This Amendment No. 8 is authorized pursuant to Section

3.37 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 and 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:

“3.1.1 Scope of Services . Consultant promises and agrees to furnish to City all 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
632
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labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional architectural and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement (hereinafter referred to as "Services"). The Services are more particularly described throughout this Agreement, including Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Consultant shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit "A-I."

"3.10.1 Compensation. City shall pay to consultant, for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Thirty-Three Million Five Hundred One Thousand Four Hundred Sixty-Six Dollars ($33,501,466) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “ A” and incorporated herein by reference. The t otal compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

Scope of Services is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services are retained in their entirety.

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 8.

3.4 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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

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SIGNATURE PAGE FOR AMENDMENT NO. 8 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND HMC GROUP DBA HMC ARCHITECT

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 as of the day and year first above written.

CITY OF ONTARIO HMC GROUP dba HMC ARCHITECT
By:

Its:

Printed Name:

By:

Its:

Printed Name:

[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

635
Amendment No. 2
Date: December 12, 2025
Project Name: Ontario Corporate Yard (CO CY)
HMC #2518009000
AMENDMENT NO. 2 TO OWNER/ARCHITECT AGREEMENT
T
hat certain Owner/Architect Agreement (Agreement) dated July 16, 2024, by and between City of Ontario (Owner) and HMC Group (Architect), with respect to providing Architectural & Engineering Services is hereby amended, modified, and revised as follows:

Per the Original Agreement dated July 16, 2024, and Amendment 1 dated April 17, 2025, the Scope of Services will be divided into the following Tasks:
• Task 1 (Original Agreement) shall be Programming and Conceptual Design through Schematic Design Phase
• Task 2 (Amendment 1) shall be Design Development Phase Per this Amendment 2 dated December 12, 2025, the Scope of Services shall be divided into the following Tasks:
• Task 2a shall be Existing Bridge Structural Assessment and Upgrade • Task 3 shall be Construction Documents through Agency Phases • Task 4 shall be Offsite Improvements, Design Development through Agency Phases A future amendment will be submitted for review and approval that shall cover the following Scope of Services:
• Task 5 shall be Bidding through Contract Administration Phases C. Scope of Services
Task 2a: Existing Bridge Structural Assessment and Upgrade Structural and Civil Engineering analysis, including geotechnical borings and amended report, of the existing bridge to determine required upgrades per Owner request not included in the Scope of Services in the Original Agreement or Amendment 1.

Task 3: Construction Documents and Agency Review Phases

1. Facilitate all-day Milestone Page Turn meeting with the Owner to review 100% Construction Documents deliverable and gather feedback. HMC shall provide a cost estimate, and if Attachment A
636

2 necessary, steps to reconcile the estimate with the Project budget. At the conclusion of the meeting, Owner to provide Notice to Proceed into ne xt phase, Agency Review, which represents an understanding and approval of Scope, Schedule, and Budget as indicated in the deliverable.

2. HMC to develop 100% Construction Document Submit tal, which includes design drawings, specifications, and an updated cost estimate. Refer to Attachment “D” HMC Production Document Deliverables for additional information.

3. Obtain City of Ontario Planning and Building Dep artment approval for the Project.

Task 4: Offsite Improvements, Design Development t hrough Agency Phases

1. Offsite improvements, as required by the City of Ontario, to include:
a. New Intersection paving, sidewalk, and signal li ghting. b. Philadelphia Street re-alignment/re-striping and widening from Kaiser to Cucamonga Channel. Philadelphia Street broadband extension, s idewalk extension, bus drop-off, landscape, streetlights, and fire hydrants.
c. Widening of Philadelphia Street Bridge over Cuca monga Channel. d. New emergency fire access entry adjacent to Kais er.

3. Obtain City of Ontario Planning and Building Dep artment approval for the Project.

F. Compensation

The fixed fee shall be 7.32% of the estimated const ruction cost, based on the current budget of Four Hundred Fifty Million Dollars ($450,000,000)
plus approved additional services for programming,
environmental services, existing bridge upgrades, and offsite improvements.

HMC will provide the services outlined in the Scope of Work for Task 2a, Existing Bridge Structural Assessment and Upgrade, for a fixed fee of Sixty-Six Thousand, Four Hundred Thirty Dollars ($66,430) to be billed at the completion of Design Developmen t Phase.

HMC will provide the services outlined in the Scope of Work for Task 3 , Construction Documents Phase, for a fixed fee of Eleven Million, Five Hundred Fifty-One Thousand, T wo Hundred Fifty Dollars ($11,551,250).

HMC will provide the services outlined in the Scope of Work for Task 3 , Agency Review Phase, for a fixed fee of Nine Hundred Ninety Thousand, One Hundred Seven Do llars ($990,107).

HMC will provide the services outlined in the Scope of Work for Task 4, Offsite Improvements Design Development through Agency Phases, for a fixed fee of Nine Hundred Fifty-Eight Thousand, Five Hundred Thirty-Nine Dollars ($958,539).

HMC shall provide all the services outlined in the Scope of Work for Amendment 2, for a total fixed fee of Thirteen Million, Five Hundred Sixty-Six Thousand, Three Hundred Twenty-Six Dollars (13,566,326).

637

3 Amendment 2 Fee Summary Fee
Task 2a: Existing Bridge Upgrade $ 66,430
Task 3: Construction Documents Phase $ 11,551,250
Task 3: Agency Review Phase $ 990,107
Task 4: Offsite Improvements, Design Development through Agency Phases $ 958,539 Total Amendment 2 $ 1 3,566 ,326

Prior Fee Summary Date Fee
Original Agreement:

Task 1: Programming and Conceptual Design through
Schematic Design Phase July 16, 2024
$ 3,666,359
Amendment 1:

Task 2: Design Development Phase May 20, 2025 $ 10,653,815 Total Prior Fee $ 14,420,174

Please review this Proposal and if it meets with yo ur approval, please send HMC your Standard Form of Agreement for signature.

If you have any questions or need additional information, please contact me at (626) 826-9108.

Sincerely,

Brandon Gullotti AIA, NCARB, Assoc. DBIA
Principal In Charge

cc: S. Gradillas, File-CN-AOA

Amend No. 2 Fee Reconciliation_20251212
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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

KIMLEY-HORN AND ASSOCIATES, LLC

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of _______________, by and between the City of Ontario (“City”) and Kimley-Horn and Associates, Inc, a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled Professional Services Agreement dated June 3, 2025 (“Agreement”).

2.2 Amendment Purpose . T he City and Consultant desire to amend the Agreement to extend the term of the agreement to June 30, 2027, and provide additional compensation in the amount of $504,450 for a total not-to-exceed contract amount of $915,650.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:

"3.1.2 Term. The term of this Agreement shall be from June 4, 2025 to June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, 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
639
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written consent, extend the term of this Agreement if necessary to complete the Services."

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

"3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Nine Hundred Fifteen Thousand Six Hundred Fifty Dollars ($915,650), without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

Exhibit A is hereby amended to add Attachment A which is hereto and incorporated herein by reference. All other previously added or deleted scope of services and fees are retained in their entirety.

3.3 Continuing Effect of Agreement . Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND KIMLEY-HORN AND ASSOCIATES, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO KIMLY-HORN AND ASSOCIATES
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

641
Department: Police Department
Prepared By: Michael Gracia
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

A MAINTENANCE SERVICES AGREEMENT WITH CLEAN HARBORS
ENVIRONMENTAL SERVICES INC. FOR FIREARM RANGE MAINTENANCE AND

BIOHAZARD REMEDIATION SERVICES

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That City Council authorize the City Manager, or his designee, to execute a Maintenance Services Agreement for up to ﬁve years with Clean Harbors Environmental Services Inc. of Norwell, MA, for ﬁrearm range maintenance and biohazard remediation services for a total not-to-exceed agreement amount of $288,047.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed agreement includes an initial three-year term of $167,697, with a total not-to-exceed amount of $288,047.

The Fiscal Year 2025-26 Adopted Budget includes
appropriations for ﬁrearm range maintenance and biohazard remediation services. Appropriations for future ﬁscal years of the agreement will be included in the respective ﬁscal year's budget to be considered by the City Council for approval.

BACKGROUND & ANALYSIS:

The Ontario Police Department Firearms Training Facility is an indoor shooting range that opened in 2012. The facility is operated weekly to maintain and exceed Peace Oﬃcer Standards and Training (POST) requirements for sworn police oﬃcers and Ontario Fire Department (OFD) Arson Investigators. Training activities include regular ﬁrearm practice, testing, and qualification exercises.

Due to the frequent and sustained use of the facility, hazardous waste is routinely generated. This includes, but is not limited to, lead residue, spent ammunition byproducts, airborne particulates, and other contaminants commonly associated with indoor ﬁring ranges. Without proper cleaning, maintenance, and specialized handling, these materials may pose potential health and safety risks to oﬃcers, staﬀ, and other authorized users of the facility. As such, it is essential that the range remains fully operable, thoroughly maintained, and compliant with all applicable health, safety, and environmental regulations.

642
In addition to ﬁrearms range maintenance, the agreement will include biohazard remediation services required to support public safety operations across multiple environments. These services address situations where biological or potentially infectious materials are present and require specialized cleaning, handling, and disposal in accordance with state and federal regulations.

Biohazard remediation services include, but are not limited to, the cleaning and decontamination of crime scenes, homeless encampments, and patrol vehicles where biological contaminants may be present, ensuring all affected areas are restored to a safe and sanitary condition.

The previous Maintenance Services Agreement reached the end of its full ﬁve-year term and expired on December 14, 2025. In anticipation of the agreement's expiration, the City of Ontario issued an Invitation to Bid (IFB) No. 1968 on December 1, 2025, for Firearm Range Maintenance and Biohazard Remediation Services. The solicitation was intended to secure a qualiﬁed contractor capable of providing comprehensive maintenance, cleaning, and remediation services to support the operational needs of the Police Department.

Two bid responses were received. Following a review of responsiveness and responsibility in accordance with the IFB requirements, Staﬀ determined that Clean Harbors Environmental Services Inc. submitted the lowest responsive and responsible bid and provides the best value to the City.

Staﬀ unanimously recommends entering into a new agreement with Clean Harbors Environmental Services Inc. for an initial three-year term with two optional one-year extensions, contingent upon the submission of all required documents. The ﬁrst three years of the agreement include a not-to- exceed total of $167,697 and a not-to-exceed total of $288,047 for the full five-years. 643
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MAINTENANCE SERVICES AGREEMENT

CITY OF ONTARIO

MAINTENANCE SERVICES AGREEMENT BETWEEN THE

CITY OF ONTARIO AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, INC.

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California (“City”) and Clean Harbors Environmental Services, Inc., a Massachusetts corporation with its principal place of business at 42 Longwater Drive, Norwell, Massachusetts, 02061 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing Firearm Range Maintenance and Biohazard Remediation Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such services for the Firearm Range Maintenance and Biohazard Remediation Services project (“Project”) as set forth in this Agreement.

2.3 Contract Documents.

The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

Approved and fully executed change orders
Addenda (if any)
Scope of Services
Maintenance Services Agreement
PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER
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MAINTENANCE SERVICES AGREEMENT

Notice Inviting Bids
Instructions to Bidders
Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from January 20th, 2026 to January 19th, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Sixty-Seven Thousand, Six Hundred Ninety-Six Dollars and Forty-Four Cents, $167,696.44 without written approval of the City Council or City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

3.2.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop 645
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payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code.

The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

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

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

3.3 Responsibilities of Contractor.

3.3.1 Control and Payment of Subordinates; Independent Contractor.

The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.

Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.3.4 City’s Representative. The City hereby designates The City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing 646
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compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.8 Period of Performance.

3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.8.2 Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force 647
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Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subconsultants, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.

3.3.8.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

3.3.10 Laws and Regulations; Employee/Labor Certifications.

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

3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, 648
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the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.3 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

3.3.10.4 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 649
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3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.3.11 Insurance.

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

3.3.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at
least as broad as the latest version of the following: (1) General Liability: Insurance Services 650
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Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Professional Liability Insurance; (5) Pollution Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall
maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000 per occurrence/$4,000,000 aggregate); (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limit; (4) Professional Liability Insurance (Errors & Omissions): appropriate to Contractor’s profession with limits no less than $2,000,000 (5) Pollution Liability Insurance: Contractor shall provide “occurrence” form applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Ontario, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the 651
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Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery 652
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against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

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

3.3.13 Bonds.
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3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.3.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.3.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.3.14 Work Site.

3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.3.14.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any 654
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plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.3.15 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.3.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.

Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of 655
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an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.4.2 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

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

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

3.5 Termination of Agreement.

3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, 656
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at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

3.6 Indemnification.

3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding.

Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
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3.7 General Provisions.

3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.

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

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

Contractor:

Clean Harbors Environmental Services, Inc.
42 Longwater Drive
Norwell, MA 02061
Attn: Crystal Avila, Account Manager

City:

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

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

3.7.5 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

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

3.7.7 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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

3.7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
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3.7.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.7.13 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

3.7.16 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

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

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[SIGNATURES NEXT PAGE]

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND CLEAN HARBORS ENVIRONMENTAL SERVICES INC.

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ONTARIO CLEAN HARBORS ENVIRONMENTAL
SERVICES, INC.

By:

Its: President
Printed Name:

By:

Its: Treasurer
Printed Name:

Contractor’s License Number and
Classification

DIR Registration Number
Approved By:

Scott Ochoa
City Manager
Approved as to Form:

Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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BB&K (2020) Exhibit A Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

EXHIBIT “A”

SCOPE OF SERVICES

FIREARM RANGE MAINTENANCE

1) CLEANING PROCEDURES:
a) Delineate critical barriers such as door entries and provide proper signage to eliminate unauthorized entry into range during cleaning and maintenance services b) Provide tacky mats outside of all entry/exit during cleaning and during operations of gun range
c) Remove all leftover shell casings from range floor and segregate into proper storage containers for recycling
d) Remove all lead-impacted debris, including but not limited to: shotgun paper wads, cardboard debris, target paper, and other miscellaneous debris into properly labeled and UN-approved 55-gallon drums
e) HEPA vacuum all surfaces of firing range to include range floors, walls, rear trap area, control room, lobby and training room
f) Wipe down walls, target holders, target carriers, tables, chairs, shooting lane cubicles, air diffuser cylinder, and gun cleaning areas with trisodium phosphate (TSP) solution and water or equivalent
g) Profile lead-impacted material and rinsate into federally regulated disposal facility that accepts RCRA hazardous waste solids and liquids
h) Manifest, label, transport and dispose of all lead debris and rinsate to federally regulated disposal facility that accepts RCRA hazardous waste solids and liquids.

2) INTERIOR MAINTENANCE AND FILTER REPLACEMENT WORK PLAN a) Inspect all gun range components to include, but not limited to: baffles, backstop area, light bulbs, target holders, acoustic walls, plywood walls, etc. b) Provide regular inspection and maintenance of the Action Target TCT-2 system dust and lead bullet collection canisters for accumulation; remove, dispose, and segregate into properly labeled, hazardous waste UN-approved 55 gallon drums 663
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c) Provide (and log) monthly inspections and maintenance of the Action Target TCT- 2 systems deflector plate, deceleration chamber, and interior/exterior of the surface plates to ensure the integrity of the back plates. Apply rust inhibitor paint to maintain the surface of the back plate on an as-needed basis d) Provide regular inspections of the D-TAPS actuator system internal components to include, but not limited to: valves, cylinder assembly, pulleys, cables, cable tension, clamp actuator attachments and make adjustments as necessary e) Provide regular inspection (and repair as required) of the air compressor to include, but not limited to: pump oil levels, purging of water condensation in the tank and air lines, inspection of air leaks in hoses and tubes
f) Provide monthly inspection and log of the Action Target DCU (dust containment unit) differential pressure gauge on the main junction box to ensure that proper operation pressure is within operating limits and all calibrating low- and high- pressure knobs are properly set
g) Inspect and diagnose any system errors or warnings
h) If the DCU Range System operating pressure is above the high-set limit calibration, inspect all system filters to determine if filters need to be replaced i) Replacement of DCU filters are included in the scope i) Inspect all range system filters (supply fan filters, exhaust fan filters, HEPA filters, etc. ) to determine if filters are clogged or compromised in any way. Supply and replace all range systems filters (supply fan filters, exhaust fan filters, HEPA filters, etc.) as necessary. Service of filters shall include the proper profiling, manifesting, labeling, transportation, and disposal of the filters according to all local, state, and federal regulations and guidelines

3) ASSUMPTION AND CAVEATS:
a) Cleaning of the gun range, lobby, and training area will be determined based on the amount of use and volume of ammunition that is discharged during a normal operating month
b) All hazardous waste disposal accumulation will be based on the amount of use and volume of ammunition discharged in a normal operation month 664
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BB&K (2020) Exhibit A Firearm Range Maintenance and Biohazard Remediation Services

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c) Vendor acknowledges the Ontario Police Department Firearms Training Facility is a 24-hour facility. Services must be scheduled in advance with Police Department Range staff. Services outlined in this document must be performed in their entirety within the scheduled date and times.
d) Proposal is based on prevailing wage labor rates for lead workers e) All proper PPE and respiratory protection will be provided by the vendor and worn by all workers during work activities
f) All lockout tag/out to procedures will be performed prior to commencing work g) All lead remediation will be handled according to local, state, and federal regulations
h) Hazardous waste transportation and disposal to include:
i) 55 gallon drums for RCRA hazardous waste rinse water ii) 55 gallon drums for RCRA hazardous waste rags and debris iii) 1-3 cubic yard tri-wall boxes of RCRA hazardous waste for all DCU system filters
i) Provide clean and empty 55 gallon drums for the storage of brass on-site at all times
j) All personnel are required to be current on all certifications for lead worker and lead supervisor training (as appropriate) by the California Department of Public Health.
k) Vendor and employees must possess, maintain, and provide proof as reasonably requested, all requirements (licenses, certificates, registrations, insurance, etc.) as required by all applicable local, state, and federal agencies responsible for regulating lead and hazardous waste, including but not limited to: the California Department of Toxic Control Substances, California Department of Transportation, California Department of Industrial Relations, California Division of Occupational Safety and Health, California Department of Public Health, the South Coast Air Quality Management District, and the Environmental Protection Agency.

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BB&K (2020) Exhibit A Firearm Range Maintenance and Biohazard Remediation Services

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BIOHAZARD REMEDIATION SERVICES

1) Restore safety to dangerous scenes exposed, or potentially exposed, to various bio-hazardous conditions, including but not limited to: blood, infectious diseases, blood borne pathogens, illness outbreaks, etc. Scenes may include police department facilities, police vehicles, incident scenes, homeless campsites, crime scenes, or other areas as designated on an as-needed basis by representatives of the Ontario Police Department.

2) Contractor shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws.

Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained.

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BB&K (2020) Exhibit B-1 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

EXHIBIT “B”

SCHEDULE OF SERVICES
Services will be performed in their entirety on the last Tuesday of every month unless otherwise directed by a representative of the Police Department. Biohazard remediation services will be performed as needed at the request of the Police Department. 667
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BB&K (2020) Exhibit C-1 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

EXHIBIT “C”

COMPENSATION

Range Cost
Monthly
Cost FY 2025-26 FY 2026-27 FY 2027-28 3 Yr Total FY 2028-29 FY 2029-30 5 Yr Total Clean Harbor
$
3,475.00
$
41,700.00
$
42,951.00
$
44,239.53
$
128,890.53
$
45,566.72
$
46,933.72
$
221,390.96
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BB&K (2020) Exhibit C-2 Firearm Range Maintenance and Biohazard Remediation Services

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ontario (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the 669
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BB&K (2020) Exhibit C-3 Firearm Range Maintenance and Biohazard Remediation Services

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Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

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BB&K (2020) Exhibit C-4 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety
and Agent or Representative for
service of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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46700.00100\33865501.1

BB&K (2020) Exhibit C-5 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other: Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

672
46700.00100\33865501.1

BB&K (2020) Exhibit C-6 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ontario (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or 673
46700.00100\33865501.1

BB&K (2020) Exhibit C-7 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

674
46700.00100\33865501.1

BB&K (2020) Exhibit C-8 Firearm Range Maintenance and Biohazard Remediation Services

MAINTENANCE SERVICES AGREEMENT

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
675
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: 18
SUBJECT:

ORDINANCES APPROVING THE 2024 INTERNATIONAL FIRE CODE AND THE 2025

CALIFORNIA BUILDING AND FIRE CODES ADOPTED BY THE CALIFORNIA

BUILDING STANDARDS COMMISSION IN THE CALIFORNIA CODE OF

REGULATIONS

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council adopt:

A
.

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
.

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.

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:

On December 2, 2025, the City Council took action to set a public hearing for January 20, 2026, for an Ordinance to adopt by reference the 2024 International Fire Code and the 2025 California Building and Fire Codes. 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. 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 676
and Building Codes.

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 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).

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

1 .

The design criteria for all structures built within the city is 110 MPH winds, Exposure C, seismic zone D;
2 .

Due to the city's close proximity to the San Andreas fault, all underground pipe, conduit, and lines will be bedded and backﬁlled 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; 3 .

Retro-ﬁt windows will need a building permit and will need to follow 2025 standards for emergency egress; and
4 .

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. In addition, increase the requirements for energy conservation and also for geographical reasons like earthquakes, etc.

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. 677
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, 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 December 2, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein. At the hearing the City Council took action to set a public hearing for January 20, 2026, for an Ordinance to adopt by reference the 2024 International Fire Code and the 2025 California Building and Fire Codes; and

678
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 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 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.

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 679
Appeals Board who are qualified by experience and training to pass on matters pertaining to building construction a nd 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 replacement to the City Council for appointment.

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.

680
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 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 Calif ornia 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

681
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.

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:

682
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.

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 California 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 Historic 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 standards, setbacks and zoning height limitations. However, key to the success of the Adaptive Reuse Plan relies on the ability of the Building Official and 683
Fire Marshal to effectively use their authority to grant code modification or alternative materials, design 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 re gulations 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 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 reus e project pursuant to Title 9 Development Code may be permitted to use the alternative building standards of this chapter.

1. Although other chapters or sections of the Ontario Municipal Code and the most recently adopted ed ition 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 regulations 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 include 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 Official 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. 684

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 th is 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 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 Building 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 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 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

685

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

686

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 January 20, 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 January 20, 2026 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

687
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 December 2, 2025, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein. At the hearing the City Council took action to set a public hearing for January 20, 2026, for an Ordinance to adopt by reference the 2024 International Fire Code and the 2025 California Building and Fire Codes; and

WHEREAS, the City held a public hearing on January 20, 2026, at which time a ll 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 followin g proposed amendments to the 2025 California Fire Code and the 2024 International Fire Code are:
(a) necessary because of local climatic, geological, or topographical conditions, 688
(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
(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 access 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 cont rol 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. 689
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 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 generally 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 emergency 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 int ersect 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.

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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 d owned electric wires, downed utility and light poles, fallen trees, 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 vegetation in bo rdering 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 personnel and e quipment 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 standard 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
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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
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
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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
4-4.61 Adopted by Reference: Emergency responder communications 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 sectio ns in the CFC (not adopted 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).
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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.

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 clarify ing 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 mai ntaining 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:
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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 policies 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.

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 acc eptable 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 695
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:

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 authorize d to enter the structure or premises at all reasonable times to inspect or to perform the duties imposed on the fire code official 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 locate the owner, the owner ’s authorized agent or other person having charge or control of the structure or premises 696
and request ent ry. 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:

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 premises s hall 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 cons tructed 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 697
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.

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 emergenc y 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 operation, investigate the existence of suspected or reported fires, gas leaks or o ther 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 department 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 describin g 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 698
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.
(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 charge against the person(s) or entity whose violation caus ed 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 F ire 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 causin g 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
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(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:
(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 equalized 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 to 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 Fi re 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 owing 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.
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(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. (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 application 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.
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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.”
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 per mit 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.

702
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.

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 inspection services shall be set by fee resolution of the City Counc il. 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 service 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. 703
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 authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to dis connection, 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 ad opted 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 to 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 forth 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.”
704
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 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 its 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 ashes 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. Disposal 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 noncombustib le 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 705
approved security gates in accordance with section 503.6, and an unobstructed vertical clearance of not l ess than 13 feet 6 inches. Where a fire hydrant or fire 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.” 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 suppor t 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 roadw ay, 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 closure, 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 706
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, 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 buildings 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 w ith 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:
707

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.

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, re cycling, 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:
708

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 sh all include, but not be limited to methods and policies for:

1. Monitoring, controlling and extinguishing spot fires.

2. Emergency contact information for personnel 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.

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
709
Section 4-4.71. Amendment: Establishment of the limits of districts in which storage of flammable or combustible Class I and Class II liq uids 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:
(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 cryogenic 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 of 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.
710
(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 th e Ontario Fire 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 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 enacted 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 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 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 adoptio n. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

711
PASSED, APPROVED, AND ADOPTED this 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

712

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 20, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

713
Department: Broadband Operations
Prepared By: Vanny Khu
Department:

Prepared By: Jimmy Chang
Staff Member Presenting: Jimmy Chang,
Broadband General Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

A RESOLUTION TO ESTABLISH NEW COMMERCIAL/ENTERPRISE AND WHOLESALE

FEES FOR USE OF ONTARIONET'S FIBER OPTIC NETWORK

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council adopt a resolution to modify its schedule of broadband fees, including the maximum and minimum rates that OntarioNet may charge commercial/enterprise and wholesale customers to access and use OntarioNet’s fiber optic network to connect to the Internet and to obtain communications services, upon the recommendation of the City Manager, and to delegate authority to the City Manager to negotiate contract rates with large commercial customers and wholesale customers within those established ranges, and to set all the other terms, conditions and policies applicable to commercial/enterprise and wholesale customer access and use of OntarioNet’s fiber optic network and related services.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
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:

If approved, the City expects to receive initial annual revenue exceeding $300,000 from these fees.

BACKGROUND & ANALYSIS:

On October 15, 2024, in anticipation of the City becoming a local service provider directly contracting with residents and businesses to allow them to access and use OntarioNet’s ﬁber optic network and obtain a variety of communications services, the City adopted a broadband fee schedule. In order to respond to market demand and interest in expanded access and use of OntarioNet’s ﬁber optic network, the City Manager now wishes to modify certain existing commercial/enterprise fees and adopt new fees for new commercial/enterprise and wholesale services. For convenience, the fee table in Exhibit A to the resolution lists all the OntarioNet broadband fees including nos. 1-2 and 4-12 which were previously adopted and are not changing. 714
Customers may choose to connect and use OntarioNet’s ﬁber optic network or subscribe to one of a number of other options available in the competitive marketplace. Wholesale customers who choose to connect and use capacity on OntarioNet’s fiber optic network and other local government property will use that capacity to provide retail services, increasing the availability of competitive communications service oﬀerings for businesses in Ontario. The new commercial/enterprise fees and wholesale fees are for the use of the OntarioNet ﬁber optic network, including associated customer equipment and other local government property. The fees were established to be in line with market comparisons, including costs associated with other provider networks, based on analysis by City staﬀ. The fees reﬂect ranges because the charges for individual customers will be negotiated and also depend on the level of access and use of property and services sought. Should a customer choose to subscribe to OntarioNet and then later determine to connect to a diﬀerent service provider’s network, the customer will have the authority to do so. Further, the resolution will authorize the City Manager, or his or her designee, to set all the other terms, conditions and policies applicable to customer access and use of OntarioNet’s fiber optic network. 715

RESOLUTION NO. 2026-____

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

CALIFORNIA ADOPTING COMMERCIAL/ENTERPRISE AND

WHOLESALE FEES FOR USE OF THE ONTARIONET FIBER OPTIC

NETWORK AND OTHER ASSOCIATED LOCAL GOVERNMENT
PROPERTY.

WHEREAS, effective October 15, 2024 the City of Ontario (“City”) established a schedule of fees and charges for use of its OntarioNet fiber optic network , and related fines for late or declined payments; and

WHEREAS, the City now wishes to modify such schedule to increase one existing commercial/enterprise customer fee (Exhibit “A”, No. 3) and add several new fees applicable to commercial/enterprise customers and wholesale customers (Exhibit “A”, Nos. 13-18); and

WHEREAS, except as specifically provided herein, the fees are for the use of local government property, including without limitation the fiber optic network and associated customer equipment; and

WHEREAS, in determining the rates for the fees, City staff considered rates charged in the competitive marketplace by other providers, and further considered that access to the OntarioNet fiber optic network is optional insofar as customers can connect through other providers; and

WHEREAS, the data supporting the fees is on file with the City Clerk and available for inspection by the public; and

WHEREAS, the proposed action has been properly noticed as required by Government Code Section 66018 following publication requirements set forth in Government Code Section 6062a.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ONTARIO AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council finds and determines that the foregoing Recitals are true and correct and incorporates the Recitals herein.

SECTION 2. Adoption of Rates for the Fees. The City Council hereby adopts the rates for the fees, to be effective on the dates, in the amounts, and at the rates set forth in Exhibit “A”, attached hereto and incorporated herein by this reference. The rates set forth in Exhibit “A” reflect the minimum and maximum rates applicable to the respective broadband activity, and the City Manager, or his or her designee, is authorized to establish rate plans for residential and small business customers within the ranges set 716

forth in Exhibit “A”, to negotiate contract rates with large commercial/enterprise customers and wholesale customers within the ranges set forth in Exhibit “A”.

SECTION 3. Findings. The City Council finds and determines that Fees are not “imposed” for purposes of article XIII C, section 1(e) of the California Constitution.

However, even if they are found to be “imposed,” they are exempt from the definition of a tax for the following reasons:

(a) Fee Nos. 1-6, 13 through 15, and 17 listed in Exhibit “A” of this Resolution are for the use of local government property, including the fiber optic network and associated customer equipment , and do not exceed the reasonable value of the local government property . The range is a mini mum and maximum. The actual charge will depend on the scope and level of access and use of government property; and

(b) Fee No. 7, 16 and 18 are for a service provided by the City and does not exceed the cost of providing such service; and

SECTION 4. Terms, Conditions and Policies. Further, the City Manager, or his or her designee is authorized to set all the other terms, conditions and policies applicable to customer access and use of OntarioNet’s fiber optic network.

SECTION 5. Severability. If any section, subsection, clause or phrase in this Resolution or the application th ereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Resolution or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares t hat it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.

SECTION 6. Conflicts. All prior actions of the City Council, including resolutions, ordinances, or parts thereof, that are inconsistent with any provision of this Resolution are hereby superseded by this resolution to the extent of such inconsistency.

SECTION 7. Effective Date . This Resolution shall take effect and be in full force and effect upon its adoption.

717

PASSED, APPROVED, AND ADOPTED this 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

718

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held January 20, 2026 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. 2026 - duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

719

EXHIBIT “A”

NEW SCHEDULE OF ONTARIONET FEES
Fee
# Fee Description Unit/Notes Fee Effective
Date
1 Residential/Small Business Broadband Services Monthly $10 - $200 10/15/2024 2 Residential/Small Business Broadband Installation One-time up to $200 10/15/2024 3 Commercial/Enterprise Broadband Services Monthly $30 - $2500 1/20/2026 4 Small Business/Commercial/Enterprise Broadband Building Construction Charge One-time/Monthly At Cost 10/15/2024 5 Customer Premise Equipment Monthly $5-$100 10/15/2024 6 Smart Home Management Software Monthly $5-$20 10/15/2024 7 Paper Bill Fee Monthly $2-$4 10/15/2024
8 Payment Late Fee First Month $5 or 10%* 10/15/2024
9 Payment Late Fee (after 1st month) Monthly 1.50% 10/15/2024 10 Check returned unpaid (NSF) Each $25 10/15/2024
11 Declined credit card payment Each $25 10/15/2024
12 Declined ACH payment Each $25 10/15/2024
13 Wholesale LAN Extension Services Monthly $200-$10,000 1/20/2026 14 Wholesale Network Services Monthly $200-$10,000 1/20/2026 15 Wholesale Transport Services Monthly $200-$10,000 1/20/2026 16 Wholesale Services Construction/Installation Charge One-time/Monthly At Cost 1/20/2026 17 Colocation Services Monthly $50-$5,000 1/20/2026
18 Circuit/Network Design Services One-time At Cost 1/20/2026 *whichever is greater
NOTE: The Fees listed as #1-2 and #4-12 were previously adopted and are not changing. They are included on the table for convenience only.
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Department: Planning
Prepared By: Thomas Grahn
Department:

Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING FILE NO.

PDEV25-007

CITY OF ONTARIO
Agenda Report
January 20, 2026
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing on the appeal, and after receiving public testimony, partially grant and partially deny the appeal, and set aside the Planning Commission’s approval of the Development Plan and adoption of the Addendum to the Sports Complex EIR. Staff recommends that the City Council:

1 .

Deny the Appeal as to Claims #2 and #3;
2 .

Grant the Appeal as to Claims #1 and #4;
3 .

Set aside the Planning Commission's adoption of the Sports Complex EIR Addendum and approval of the Development Plan; and
4 .

Conﬁrm that consideration of approval of the Sports Complex Hotel Development Plan can proceed only if the City Council has approved, pursuant to the adoption of the Addendum to the Sports Complex EIR, the Amended and Restated Disposition and Development Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

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

BACKGROUND & ANALYSIS:

On July 16, 2024, the City of Ontario (“City”) certiﬁed the Ontario Regional Sports Complex Environmental Impact Report (State Clearinghouse No. 2023110328) (“Sports Complex EIR”). The City is in the process of developing an approximately 200-acre state-of-the-art regional sports complex to meet the region's growing demand for sports recreation amenities. As the ﬁrst phase of development is underway with the construction of a Single-A Minor League Baseball stadium, a 721
retail component is running parallel.

Pursuant to the February 18, 2025, Disposition and Development Agreement the City sold the real property located at the southeast corner of East Riverside Drive and Ontario Avenue to Ontario Ranch Hotels, LLC.

On November 25, 2025, the Planning Commission considered and approved the Development Plan File No. PDEV25-007 submitted by Ontario Ranch Hotels LLC, pursuant to the adoption of an Addendum to the Sports Complex EIR, to construct a 226 room hotel within the Sports Complex.

APPEAL:

On December 5, 2025, Jordon R. Sisson, on behalf of UNITE HERE Local 11 (“Appellant”), submitted an appeal of the Planning Commission's decision to approve File No. PDEV25-007. A copy of the Appeal application and Appellant statement is included as Exhibit A to this report.

Appellant’s claims, and the City’s responses are as follows:

Claim #1:

The Development Plan requires a conditional use permit.

Response to Claim #1:

The City is currently considering whether to amend Development Code Section 5.03.250 to remove this CUP requirement.

Claim #2:

The Restated Development Agreement referenced in the Sports Complex Addendum should have been considered and recommended by the Planning Commission for approval by the City Council. (ODC § 4.01.015.B & D.)
Response to Claim #2:

Ontario Development Code section 4.01.015 concerning development agreements considered by the City pursuant to Government Code section 65864, et seq. The Restated Development Agreement referenced in the Sports Complex Addendum is related to the February 18, 2025, Disposition and Development Agreement that the City is now interested in amending and restating, to address certain issues that have come to light following the approval of the original Disposition and Development Agreement. This document is not subject to Government Code section 65864, et seq. and thus not subject to Ontario Development Code section 4.01.015. As such, this claim has no merit.

Claim #3:

The Sports Complex EIR Addendum should have found that modiﬁcations to the Sports Complex Project proposed in the Development Plan would increase energy consumption, GHG emissions, and increase vehicle trips beyond that disclosed in the Sports Complex EIR. 722
Response to Claim #3:

T&B Planning, Inc., the environmental consulting ﬁrm that prepared the Addendum to the Sports Complex EIR has prepared a Memo with detailed responses to Appellant’s claims regarding the adequacy of the Addendum (Exhibit B). The Memo concludes that the Addendum’s analyses and conclusions are correct and that the Addendum has been appropriately prepared to satisfy CEQA compliance requirements. As such, this claim has no merit.

Claim #4:

The City took steps towards approval of the Development Plan before preparing the Sport Complex EIR Addendum, such as the February 18, 2025, approval of the Disposition and Development Agreement.

Response to Claim #4:

Appellant has noted some procedure confusion regarding the preparation of the Addendum to the Sports Complex EIR and the City Council’s planned consideration of the Amended and Restated Development Agreement. Speciﬁcally, the City agrees that the Addendum to the Sports Complex EIR should not be adopted, nor the Development Plan for File No. PDEV25-007 approved, until after the Council has considered and approved, pursuant to the adoption of an Addendum to the Sports Complex EIR, the Amended and Restated Disposition and Development Agreement.

RECOMMENDATION:

Staff recommends that the City Council take the following actions.

First Action: Deny the Appeal as to Claims #2 and #3.

Second Action:

Grant the Appeal as to Claims #1 and #4.

Third Action: Set aside the Planning Commission's adoption of the Sports Complex EIR Addendum and approval of the Development Plan Fil No. PDEV25-007.

Fourth Action: Conﬁrm that consideration of approval of the Sports Complex Hotel Development Plan File No. PDEV25-007 can proceed only if the City Council has approved, pursuant to the adoption of the Addendum to the Sports Complex EIR, the Amended and Restated Disposition and Development Agreement.
723

RESOLUTION NO. ________

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

CALIFORNIA, PARTIALLY APPROVING AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NO. PDEV25-007.

WHEREAS, on July 16, 2024, the City of Ontario (“City”) certified the Ontario Regional Sports Complex Environmental Impact Report (State Clearinghouse No. 2023110328) (“Sports Complex EIR”). The City is in the process of developing an approximately 200 acre state -of-the-art regional sports complex to meet the r egion's growing demand for sports recreation amenities. As the first phase of development is underway with the construction of a Single -A Minor League Baseball stadium, a retail component is running parallel; and

WHEREAS, pursuant to the February 18, 2025 Disposition and Development Agreement the City sold the real property located at the southeast corner of East Riverside Drive and Ontario Avenue to Ontario Ranch Hotels, LLC; and

WHEREAS, on November 25, 2025, the Planning Commission considered and approved the Development Plan (File No. PDEV25-007) submitted by Ontario Ranch Hotels, LLC, pursuant to the adoption of an Addendum to the Sports Complex Environmental Impact Report (EIR) , to construct a 226 room hotel within the Sports Complex; and

WHEREAS, on December 5, 2025, Jordon R. Sisson, on behalf of UNITE HERE Local 11 (“Appellant”), submitted an appeal of the Planning Commission's decision to approve File No. PDEV25-007; and

WHEREAS, in response to the Appellant’s basis for the appeal, staff has prepared a response to each of the claims. Below is a summary of the claims statement and staff's response:

Claim #1: The Development Plan requires a conditional use permit.

Response to Claim #1: The City is currently considering whether to amend Development Code Section 5.03.250 to remove this CUP requirement.

Claim #2: The Restated Development Agreement referenced in the Sports Complex Addendum should have been considered and recommended by the Planning Commission for approval by the City Council. (ODC § 4.01.015.B & D.)

Response to Claim #2: Ontario Development Code section 4.01.015 concerns development agreements considered by the City pursuant to Government Code section 65864, et seq. The Restated Development Agreement referenced in the Sports Complex Addendum is related to the February 18, 2025 Disposition and Development Agreement that the City is now interested in amending and resta ting to address certain issues that have come to light following the approval of the original Disposition and Development 724

Agreement. This document is not subject to Government Code section 65864, et seq. , and thus not subject to Ontario Development Code section 4.01.015. As such, this claim has no merit.

Claim #3: The Sports Complex EIR Addendum should have found that modifications to the Sports Complex Project proposed in the Development Plan would increase energy consumption, GHG emissions, and increase vehicle trips beyond that disclosed in the Sports Complex EIR.

Response to Claim #3: T&B Planning, Inc., the environmental consulting firm that prepared the Addendum to the Sports Complex EIR has prepared a Memo with detailed responses to Appellant’s clai ms regarding the adequacy of the Addendum (Exhibit A to Agenda Report). The Memo concludes that the Addendum’s analyses and conclusions are correct and that the Addendum has been appropriately prepared to satisfy CEQA compliance requirements. As such, this claim has no merit.

Claim #4: The City took steps towards approval of the Development Plan before preparing the Sport Complex EIR Addendum, such as the February 18, 2025 approval of the Disposition and Development Agreement.

Response to Claim #4: Appellant has noted some procedure confusion regarding the preparation of the Addendum to the Sports Complex EIR and the City Council’s planned consideration of the Amended and Restated Development Agreement.

Specifically, the City agrees that the Addendum to the Sports Complex EIR should not be adopted, nor the Development Plan be approved, until after the Council has considered and approved, pursuant to the adoption of an Addendum to the Sports Complex EIR, the Amended and Restated Disposition and Development Agreement; and

WHEREAS, the City Council has reviewed and considered the appeal, Development Plan (File No. PDEV25-007), and the Addendum to the Sports Complex EIR; and

WHEREAS, these documents are all on file in the Planning Department, located at 303 East B Street, Ontario, CA 91764, is available for inspection by any interested person at that location and is, by this reference, incorporated into this Resolution as if fully set forth herein; and

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

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

SECTION 1: The appeal is granted only as to Claims #1 and #4 and, as such, the Planning Commission’s adoption of the Sports Complex EIR Addendum and approval of the Development Plan (File No. PDEV25-007) is set aside.

SECTION 2: The Appeal is denied as to Claims #2 and #3.

725

SECTION 3: Any consideration of approval of the Sports Complex Hotel Development Plan may proceed only if the City Council has first approved, pursuant to the adoption of the Addendum to the Sports Complex EIR, an Amended and Restated Disposition and Development Agreement.

SECTION 4: 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 5: This Resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 20th day of January 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

726

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2026 - duly passed and adopted by the Ontario City Council at their regular meeting held January 20, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

727

JN 1131-003

MEMORANDUM
TO: Thomas Grahn, Senior Planner
City of Ontario
303 East B Street
Ontario, CA 91764

FROM: Nicole Morse, Esq.

DATE: December 31, 2025

RE: Addendum to the Ontario Regional Sports Complex Environmental Impact Report (PDEV25-007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11

T&B Planning, Inc. is the environmental consulting firm that prepared the Addendum to the Ontario Regional Sports Complex Environmental Impact Report (Certified EIR; SCH No. 2023110328). The Ontario Regional Sports Complex Environmental Impact Report was certified on July 16, 2024, and evaluated the development of a variety of recreational opportunities on an approximately 199-gross-acre site (ORSC site) in the City of Ontario (“Approved Project”). The City is now seeking a change to the Approved Project to allow for a 226 -key hotel within Planning Area 2 instead of a 100-key hotel in Planning Area 3 (“Modified Project”).

On November 25, 2025, the City of Ontario Planning Commission adopted a Resolution to approve the use of an Addendum to the Certified EIR in conjunction with the approval of a Development Plan (File No. PDEV25-007) for the Project. Subsequently, an appeal letter was submitted to the City on December 5, 2025, requesting that the City Council appeal the Planning Commission’s approval of the Project. In response, T&B Planning prepared this memorandum for the purpose of responding to the comments received alleging deficiencies in the Addendum and to the Appellant’s reasons and grounds for appeal. The responses contained herein demonstrate that t he Addendum’s analyses and conclusions are correct and that the Addendum has been appropriately prepared to satisfy CEQA compliance requirements. There are no CEQA compliance deficiencies as claimed by the Law Office of Jordon R. Sisson on behalf of the UNITE HERE Local 11 (Local 11). For the reasons outlined in this memorandum, the comments provided by Local 11 and the responses thereto contained in this memo do not present substantial new information, do not necessitate revisions to the Addendum, or require additional environmental review. The Modified Project does not result in any of the circumstances listed in CEQA Guidelines Section 15162 (i.e., no new or substantially greater significant impacts), and the City may properly adopt an addendum to the Certified EIR.

728
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

Commenter Letter: Law Office of Jordon R. Sisson on behalf of the UNITE HERE Local 11 dated December 8, 2025

1-1 The commenter states that the City approved the Disposition and Development Agreement (DDA) in February 2025 without completing CEQA review and the commenter had recommended additional mitigation measures related to vehicle miles traveled (VMT) and greenhouse gas emissions (GHG). The commenter then states that the Addendum shows that the Modified Project would increase energy consumption, GHG emissions from vehicle trips and building space energy needs , and increase vehicle trips under some scenarios analyzed, but does not adequately consider feasible measures that could further mitigate impacts. The commenter also states that prior mitigation measures remain inadequate, but does not provide evidence for why or how the applicable mitigation measures are inadequate. As part of the Project entitlements, the Modified Project include s an Amended and Restated Development Agreement to the previously approved DDA in February , which is included in the analysis of the Addendum.

As discussed in Table 6 -1, Operational-Related Building Energy Consumption, of the Addendum, the Modified Project would result in a 1% increase in electricity and 24% increase in natural gas, compared to the Approved Project. Though the Modified Project would generate additional energy demand (3,678,327 kWh/year and 6,107,068 kBTU/year) at the site, it would be similar to the energy demand for PAs 2 through 4 of the Approved Project (3,500,028 kWh/year and 3,152,123 kBTU/year). Like the Approved Project, the Modified Project would also be required to comply with the applicable Building Energy Efficiency Standards and CALGreen requirements. Compliance with the current Building Energy Efficiency Standards and CALGreen would be consistent with the goals outlined in Appendix F of the CEQA Guidelines, as the Modified Project would pro mote the use of renewable energy and decrease reliance on fossil fuels to meet the energy demands of the Modified Project. Additionally, the Modified Project would be required to implement Mitigation Measures AQ -2, GHG-1, GHG-2, and GHG -3, which would decrease natural gas usage under the Modified Project and promote onsite renewable energy generation.

The Certified EIR concluded that with regulatory compliance and design features, the Approved Project would not result in inefficient, wasteful, or unnecessary energy consumption . Overall, the Modified Project would be consistent with the goals outlined in Appendix F of the CEQA Guidelines regarding increasing energy efficiency, decreasing reliance on fossil fuels, and increasing renewable energy sources.

Because the Modified Projec t would comply with these regulations, it would not result in wasteful, inefficient, or unnecessary energy demands. Therefore, the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR.

The Certified EIR determined that the Approved Project would result in significant and unavoidable impacts related to GHG emissions. As shown in Table 6 -2, Average Daily Trip Generation Comparison for the Approved and Modified Project , the Modified Project would result in an increase in trips during the scenarios modeled for events on Saturdays but would result in a decrease in trips during the weekday scenario (Refer to Pages 55 and 56 of the Addendum). As shown in Table 8-1, Project-Related Operation GHG Emissions, implementation of the Modified Project would result in a slight increase in GHG emissions compared to what was analyzed in the Certified EIR . GHG emissions are primarily due to mobile source emissions (e.g., privately owned vehicles from visitors and employees traveling to the project site) which 729
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

are not under the control of the City or Project Applicant. However, as shown in Table 8-1, the increase in operational GHG emissions resulting from the Modified Project would constitute an increase of an estimated 468 MT CO
2e per year, or an increase in total ORSC emissions by approximately 2.1 percent.

Pursuant to Mitigation Measure GHG-4, the Modified Project is required to achieve 100 points from the Ontario Community Climate Action Plan (CCAP),but impacts would remain significant and unavoidable .

With a 2.1 percent increase in GHG emissions, the significant and unavoidable GHG effect identified in the Certified EIR would not be substantially more severe with implementation of the Modified Project.

Mitigation Measures AQ -2, GHG-1 through GHG -4, and TRAF -1 are applicable to the Modified Project (Refer to Pages 64 to 66 of the Addendum). Therefore, the Modified Project has incorporated all feasible mitigation measures from the Certified EIR to reduce impacts.

Moreover, the Project’s Air Quality and Greenhouse Gas Emissions Technical Memorandum (Technical Appendix A of the Addendum) analyzed more square footage than the approved conceptual plan under the Modified Project. Since preparation of the technical studies, the site plan has been refined and the Modified Project now proposes a 158,272 s.f. hotel building with 226 rooms or a decrease of 11,728 s.f. compared to the building size (170,000 s.f. with 249 rooms) evaluated in the technical studies. Overall, buildout of the Modified Project proposes a total of 239,839.98 s.f. of commercial uses within PAs 2 through 4 compared to 242,144 s.f. evaluated in the technical studies. Because the technical studies analyzed 2,304.02 s.f. more than the Modified Project under consideration here, the analysis presented in the Addendum represents a conservative analysis (Refer to Page 32 of the Addendum). Based on the Project’s updated room count, an updated trip generation comparison has been prepared and included as Attachment B of this Memorandum. As shown, the Modified Project would result in a decrease in daily trips under all three scenarios. Therefore, associated air quality and GHG emissions from mobile and energy sources would also be reduced proportionally compared to the analysis presented in the Modified Project’s Air Quality and Greenhouse Gas Emissions Technical Memorandum and no additional mitigation measures are required.

1-2 The commenter states that Mitigation Measure GHG-3 requires only CalGreen Tier 2 standards for electric vehicle spaces and the Addendum does not explain why additional mitigation measures such as Tier 2 Standard for the entire building and LEED Certification would not be required. As noted in Table 8 -1, Operation-Related Building Energy Consumption, of the Addendum, the energy consumption and vehicle trips generated by the Modified Project constitute the largest GHG emission sources. While implementing all of CALGreen’s applicable Tier 2 standards would reduce water and waste source emissions, these sources do not c ause the Modified Project’s emissions to exceed those of the Approved Project, and emission reductions from implementing full CALGreen Tier 2 measures would be marginal as many measures therein focus on actions that exceed already -stringent standards or match existing standards, resulting in minimal reductions. For instance, as detailed in Section 5.303.3 of the Mandatory CALGreen standards, water consumption for various fixtures (e.g., water closets, urinals, showerheads) set requirements to meet specific flow rates, depending on the fixture type. As shown in Section A5.303.3 of the Tier 2 CALGreen standards, the same flow rate requirements apply and do not change when meeting voluntary Tier 2 standards. There are some Tier 2 CALGreen stan dards that may res ult in reductions in energy source GHG emissions, such as those contained in Section A5.203.1.1.1 for reducing outdoor lighting power demand by 10 percent beyond Part 6 of Title 24 or Section A5.203.1.2.2 for reducing a 730
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

project’s energy budget by 10 or 15 percent beyond Part 6 of Title 24; however, these measures may conflict with Mitigation Measure GHG-4 requiring the Modified Project to achieve 100 points on the City’s 100-point CCAP checklist. For example, the City’s C CAP checklist includes measures for building electrification, green roofs, urban cooling, increasing transit ridership, vehicle electrification, and other sectors which would result in similar or greater energy consumption reductions than those required under Sections A5.203.1.1.1 and A5.203.1.2.2 in the Tier 2 CALGreen standards.

Moreover, measures contained in the City’s CCAP that could be selected by the Modified Project would cover energy consumption sources that are not subject to Part 6 of Title 24 and beyond those that are subject to Part 6 of Title 24 and therefore would result in greater energy conservation than what is required under Tier 2 CALGreen standards. As a result, it is unknown how effective requiring the full Tier 2 CALGreen standards would be at reducing GHG emissions for the Modified Project in addition to existing mitigation, and therefore full Tier 2 CALGreen standards were not required.

Similarly, California Air Pollution Control Officers Association (CAPCOA) measures contained in Chapter 3 of the Handbook for Analyzing Greenhouse Gas Emissions Reductions, Assess Climate Vulnerabilities, and Advancing Health and Equity (CAPCOA Handbook) contains various quantitative and qualitative measures to potentially reduce GHG emissions; however, many measures therein overlap with measures contained in Table 6 of the City’s CCAP checklist, may result in no appreciable reduction in GHGs, and have the potential to conflict with measures of the CCAP. For instance, measure E -1 of the CAPCOA Handbook requires exceeding 2019 Title 24 energy standards. This measure would be irrelevant as the 2019 energy code has been superseded by the 2022 energy code, which contains performance requirements for energy efficiency and renewable en ergy integration that are greater than those in the 2019 code. In addition, quantitative measures in the CAPCOA Handbook require specific equipment and system parameters that are not presently known to quantify potential reductions. For example, measure E-2 requires specific user inputs such as the number and type of appliances that are not currently known. Therefore, no additional mitigation measures are required for the Modified Project.

1-3 The commenter states that Mitigation Measure GHG-4 requires 100-point score with the 2022 CCAP but it is not explained which measures would be required or feasible under the Modified Project and that it is being deferred to the certificate of occupancy stage nor is it explained which CAPCOA measures were considered but found infeasible.

As discussed in the City’s CCAP, the purpose of the Screening Tables is to provide guidance in measuring the reduction of GHG emissions attributable to certain design and construction mea sures incorporated into development projects, consistent with the reduction targets of the 2022 CCAP

1. The City’s CCAP
checklist is intended to be a flexible tool for project proponents to use to determine the most cost- and function-effective measures to include into the project design and operation to reduce GHG emissions.

The point system allows the Modified Project to select the most appropriate measures to implement for the Modified Project , and the CCAP identifies the quantitative reductions from implementing CCAP

1https://content.ontarioca.gov/sites/default/files/2025-01/Ontario-CCAP_Screening-Tables- AUGUST%202023%20Rev.01%20.pdf
731
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

measures, equating them to a numeric performance point. As detailed in Appendix A of the City’s CCAP, achieving a 100 -point performance would result in project alignment with the local GHG reduction strategy and a less than significant GHG impact under CEQ A. Moreover, as discussed in Response to Comment 1-2, it is unknown how effective measures in the CAPCOA Handbook would be at reducing GHG emissions for the Modified Project in addition to existing mitigation and therefore were not included. In addition, q uantitative measures in the CAPCOA Handbook require specific equipment and system parameters that are not known at the time this analysis was prepared to quantify potential reductions.

1-4 The commenter states that Mitigation Measure TRAF-1a does not explain which Transportation Demand Management (TDM) measures were considered and states that one of the four measures references is less effective than a mandatory commuter trip reduction nor is it explained which CAPCOA measures were considered but found infeasible.

As stated in Mitigation Measure TRAF-1a, “Applicants for commercial and hotel development in Planning Areas 2, 3, and 4 shall prepare Transportation Demand Management (TDM) measures analyzed under a VMT-reduction methodology consistent with the CAPCOA Handbook and approved by the City of Ontario.

Measures shall include but are not limited to: …”. The four referenced TDM measures in the mitigation measure are provided for reference purposes only, instead the Project Applicant can adopt any of the TDM measures listed in the CAPCOA Handbo ok. As discussed in the Addendum, the proposed hotel development would generate approximately (7) seven employees during the daytime and one employee during nighttime (from 6 p.m. to about 7 a.m.). The commenter’s suggested mandatory c ommuter trip reduction program (CTR) under the CAPCOA Handbook (T-6) is employee-based. It should be noted that the number of employees generated by the Modified Project is minimal and commercial uses under Planning Areas 3 and 4 are speculative at this time. Based on a generation rate of 1 employee per 400 square feet for retail uses per the TOP 2050 assumptions, the 5,128 s.f. retail uses would generate approximately 13 employees. In total, the Modified Project would generate approximately 21 employees (Refer to Page 4 of the Addendum). As the commercial uses under Planning Areas 3 and 4 are speculative, the future applicant would determine the applicable TDM measures under those Planning Areas when future project-specific developments are submitted to the City for approval.

1-5 The commenter states that the Addendum’s assertion about reductions in commercial uses appears inadequately supported since not all commercial uses are analogous and that the Modified Project would result in an increase in energy demand and GHG emissions . Refer to Response to Comment 1 -1 above regarding the Modified Project’s energy and GHG impacts.

As discussed in the Addendum, the Modified Project would result in a total of 239,839.98 s.f. of commercial uses including 226 hotel rooms, an overall reduction in 10,160.02 s.f. of commercial uses including an increase in 126 hotel rooms compared to the buildout of the Approved Project pr eviously analyzed under the Certified EIR, as shown in Table 1 , Approved vs. Modified Project , of the Addendum (Page 12 of the Addendum). The Modified Project does not change the specific commercial land use types but increases the number of hotel rooms and decreases the commercial square footage for retail uses. As discussed in the Modified Project’s trip generation estimates (Attachment A of Technical Appendix A of the Addendum), the commercial uses anticipated in Planning Areas (PA) 2 through 4 were analyzed with 732
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

specific commercial uses and Institute of Transportation Engineers (ITE) Land Use Code. ITE Code 821 - Shopping Plaza and ITE Code 930 - Fast Casual Restauran t were used for the analysis of the Modified Project to account for various commercial uses, consistent with those that were previously analyzed in the Certified EIR. Similarly, as shown in the CalEEMod, different land use subtype s were used for the commercial uses such as strip mall and fast food restaurants without drive through, consistent with those that were previously analyzed in the Certified EIR. The Modified Project does not propose any changes to the commercial use types that were previously analyzed in the Certified EIR. Therefore, the Addendum adequately analyzed various commercial uses consistent with the Certified EIR and the Modified Project would not result in any new, increased or substantially different impacts, other than those previously considered and addressed in the Certified EIR. No changes or additions to the Certified EIR analys es are necessary.

1-6 The commenter states that the Addendum did not provide a Project -specific VMT study or justify its use of a 50% internal hotel internalization rate, disclose the VMT lengths for the various uses, disclose the total VMT generated by the Modified Project, or explain why more robust VMT measures are not feasible (e.g., mandatory CTR). Refer to Response to Comment 1 -4 regarding the applicability of m andatory CTR measure to the Modified Project.

As discussed in the Certified EIR’s VMT Memorandum
2 (Appendix L1 of the Certified EIR), there is expected to be a high rate of internalization between the hotel and recreation fields as the primary purpose of the hotel is to serve visiting teams for sports tournaments. Fehr & Peers estimated a weekend internalization rate of 50 percent for the hotel, based on the assumption that half of all hotel trips will stay onsite within the Project (i.e., accessing adjacent sports fields, Minor League Baseball Stadium and supportive entertainment uses). This rate is similar to the rates used for comparable mixed -use entertainment and sports complexes throughout California including the Acrisure Arena in Palm Desert and the proposed Major Leage Soccer Stadium in Sacramento. The weekday internalization rate is expected to be lower as there are typically no regional tournaments scheduled on weekdays. As such, Fehr & Peers assumed a weekday internalization rate of 20 percent (assuming one fifth of all hotel trips are to access on-site uses).

Moreover, as discussed above, based on the updated trip generation comparison, the Modified Project would result in a decrease in daily trips under all three scenarios (Attachment B of this Memorandum). As such, the Modified Project’s VMT was anticipated in the Certified EIR and no Project-specific VMT analysis would be required.

1-7 The commenter states that VMT would increase under the Modified Project, citing the CalEEMod modeling and the Addendum does not adequately explain why additional mitigation measures are not feasible. Refer to Response to Comment 1 -6 regarding the Project’s VMT analysis . Also, CalEEMod calculations for VMT are the result of trip lengths multiplied by vehicle trips and should not necessarily be used for determining a VMT impact, as explained herein. VMT impacts are, in part, determined by evaluating whether a project’s VMT per capita or VMT per service population compares to that of the region’s overall performance. As discussed in the Certified EIR’s VMT Memorandum (Appendix L1 of the

2https://content.ontarioca.gov/sites/default/files/migrated-files/Ontario- Files/Planning/EIRs%252045%2520Day%2520Review/Sports%2520Park/AppendixL1_VMT.pdf 733
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

Certified EIR ), the Origin -Destination (OD) VMT method was used for estimating VMT per service population performance for the Approved Project. As detailed in the Certified EIR’s VMT Memorandum, the OD VMT method “sums all VMT generated by trips with at least one trip end in the study area and tracks those trips from their estimated origins to their estimated destinations. Origins for all vehicle trips that start in a defined area, and destinati ons are all vehicle trips that end in that defined area. The OD method accounts for special generator trips (e.g., Ontario Airport) and truck trips and provides a complete estimate of all VMT within the study area.” As a result, VMT estimates from the Certified EIR reflect regional data from the SBTAM model for individual trip origins and destinations that do not equate to the CalEEMod-default average trip lengths included in CalEEMod VMT calculations.. Nonetheless, the land use types proposed under the Modified Project reflect the same general land use types (e.g., ho tel, retail/commercial) as those envisioned in the Certified EIR for Planning Areas 2, 3, and 4 and would therefore illicit similar vehicle trip origin and destination behavior for those land use types. For instance, the proposed hotel use of the Modified Project, which would include more rooms than what was analyzed for the Approved Project, would increase the service population by expanding the number of rooms and subsequent guests that would travel to and from the Project site; similarly the reduction in commercial sf would proportionally decrease the service population per employees. The Modified Project’s vehicle trip origins and destinations would draw from the same regional customer/employment base, reflecting similar vehicle travel distances and subsequent VMT estimates. Therefore, while the CalEEMod model output files reflect a higher VMT than what was analyzed in the Certified EIR, these two metrics should not be conflated as being equal to one another, and the CalEEMod -calculated VMT is utilized fo r the emissions analysis only.

1-8 The commenter states that the Addendum does not address that California fuel efficiency regulations are currently under challenge from the federal government, which may block implementation of California vehicle emissions mandates, and does not provide replacement mitigation if these emissions reductions are not realized. The commenter cites to recent news publications on the federal government challenges to the California clean vehicle programs such as Advanced Clean Cars II (ACCII), Omnibus, and Advanced Clean Trucks (ACT) standards. The commenter is correct that several California regulations are in question due to current litigation; however, this is not accounted for in the quantitative emission estimates contained in the GHG and energy analyses. CalEEMod utilizes the EMFAC2021 database for estimating on- road mobile source emissions from vehicles, which includes some but not all of the State’s current rules, enforceable and not enforceable, in future vehicle emission performance , as explained in further detail below.

On December 4, 2025, the California Air Resources Board notified CEQA practitioners that the EPA has officially approved adjustment factors for modifying the emission rates in EMFAC2021 that removes the assumption of State rules that are currently facing litigation and therefore not enforceable, including the Advanced Clean Trucks rule. The EPA adjustment factors affect VOC, NO X, PM2.5, and PM10 emission factors
at varying rates depending on the specific calendar year and vehicle class. The adjustment factors do not affect CO2 or other GHG emission estimates or energy consumption metrics in EMFAC2021. According to the EPA’s adjustment factors, in calendar year 2027 when the Modified Project would become operational, on-road emission factors in EMFAC2021 would increase a maximum of 12 percent for NO X, a
maximum of five percent for ROG, and a maximum of six percent for PM 2.5 and PM10. These maximum 734
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

percent increases reflect the highest increase across all affected vehicle classes as a conservative comparison.

As identified in Table 3-3, Maximum Daily Regional Operational Phase Emissions , of the Addendum, the Modified Project would result in 28 pounds per day of VOC, 15 pounds per day of NO X, 14 pounds per day
of PM 2.5, and 56 pounds per day of PM 10 from mobile sources (e.g., on -road vehicles). While the adjustment factors vary depending on which vehicle class is analyzed, they principally affect vehicle classes of a gross vehicle weight rating of 8,500 pounds or greater (e.g., EMFAC vehicle class LH DT1 and up). As the Modified Project would result in mostly passenger vehicle trips, these adjustment factors would not substantially alter the mobile source emission estimates contained in Table 3 -3. Nonetheless, conservatively assuming these maximum percent increases apply to the entire mobile source emission inventory, the Modified Project would result in an estimated 29 pounds per day of ROG, 17 pounds per day of NOX, 15 pounds per day of PM2.5, and 59 pounds per day of PM10, all of which would remain below the Sout h Coast Air Quality Management District’s applicable significance thresholds. Therefore, operational impacts would remain similar to those presented in the Addendum.

735
Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

Attachment A:

Comment Letter

736
December 5, 2025
VIA EMAIL:

Planning
Department, City of Ontario
c/o Planning Counter ([email protected])
Thomas Grahn, Principal Planner ([email protected])
Planning Director ([email protected])
RE: U NITE HERE LOCAL 11, APPEAL JUSTIFICATION;
PLANNING COMMISSION/ HISTORIC PRESERVATION HEARING (11/25/25); ITEM E, ONTARIO RANCH HOTEL PROJECT (PDEV25-007)
Dear City Council:

On behalf of UNITE HERE Local 11 (“Local 11”), this office respectfully submits this “Appeal”1 to the City of Ontario (“City”) regarding the City Planning Commission’s actions associated with the proposed 226-room hotel development (“Project”) located on an approximate

3.41-acre property (“Site”) located within the approximate 199-acre Ontario Regional Sports Complex (“ORSC”). This Appeal is permitted pursuant to the City’s appeal procedures under the Ontario Development Code (“ODC”). (See ODC § 2.04 et seq.) Local 11 has legal standing to file this Appeal. (See ODC § 2.04.005.) Local 11 is in active litigation involving the Project (SBSC Case No. CIVCSB2514995), challenging the City’s February 2025 approval of a Disposition and Development Agreement (“DDA”) with Ontario Ranch Hotels, LLC (“Developer”) in furtherance of the hotel Project. Among other things, the action alleges the City violated the Surplus Land Act (“SLA”), the ODC, and the California Environmental Quality Act (“CEQA”). Attached hereto as Exhibit A is a copy of the Petition of Writ of Mandate (“Petition”), including other comments and letters attached thereto previously provided to the City. The Petition and other referenced documents provide further information relevant to Local 11’s legal standing. (Exh. A, PDF pp. 3-4 [Petition pars. 6, 8], PDF p. 25 [section I].) Consistent with ODC § 2.04.010.B.1, this Appeal alleges the following:

On November 25, 2025, the Planning Commission (“Commission” or “PC”) approved a Development Plan (File No. PDEV25-007) (“PDEV”) relying on an Addendum to a previously approved ORSC Environmental Impact Report (“EIR”) (collectively “Project Approvals”). The EIR Addendum purports to analyze changes to the ORSC area between the uses approved in the 2024 EIR (referenced therein as “Approved Project”) as compared to the “Modified Project” (e.g., reduction of commercial uses, increase from 100 to 226 hotel rooms). 2 The Commission’s granting of the Project Approvals is non-compliant with applicable law, including the ODC and CEQA. This Appeal seeks to have the City Council pause the Project Approvals until non-compliance is cured. This Appeal is timely submitted within the 10-day appeal period. The specific grounds of this Appeal were fully explained in prior comments and letters 1 Herein, page citations are either the stated pagination (i.e., “p. #”) or PDF-page location (i.e., “PDF p. #”). 2 See Commission Agenda Report (“PC Agenda Report”) (11/25/25), PDF pp. 638, 726, 809. 737
provided to the City, including those attached hereto as Exhibits A through B, and the statements made to the City during public hearings involving the Project. These comments and exhibits are incorporated into this Appeal in their entirety (inclusive of all documents referenced and/or attached thereto). For the sake of brevity, the following is a summary of issues:

1. CUP Requirement: The Commission granted the Project Approvals absent a Code-required conditional use permit (“CUP”), subject to a market feasibility report requirement. (See Exh.

A, PDF pp. 10-11 [Petition pars. 29-34], 29 [section II.4]. 3) Notwithstanding the
Commission’s recommendation on proposed ODC amendments to create a full-service hotel CUP exemption (Item F during the November 25 public hearing),4 that exemption is not in effect. (See Exh. B, pp. 1 [par. 3], 3 [par. 2]; see also ODC § 1.01.015.H.) The Commission’s Agenda Report states that the PDEV was filed in May 2025.5 Therefore, the plain language of the ODC requires a CUP requirement.

2. Land Use Consistency: The EIR Addendum does not adequately address land use inconsistency created by the Project, such as the failure to comply with existing land use regulations (e.g., hotel CUP requirement discussed above). 6 This should have been
addressed in the EIR Addendum.

3. Project Piecemealing: The City has taken steps towards approval of the bigger hotel Project before completing the instant EIR Addendum, such as approving the DDA in February, which may constitute improper CEQA piecemealing and pre-commitment. (Exh.

A, PDF p. 29 [section II.4]; Exh. B, pp. 2-3.) The bureaucratic and financial momentum created by the City’s prior actions has seemingly turned the current EIR Addendum into a post hoc rationalization to support the City’s earlier decision. (See Save Tara v City of W.

Hollywood (2008) 45 Cal.4th 116, 135, 138-139.) As a practical matter, the City has improperly committed itself to approving the 226-room hotel Project without adequate mitigation measures. (Id., at p. 139.)

4. Restated Development Agreement. According to the EIR Addendum, the City is considering an Amended and Restated Development Agreement (“DA”) between the City and Developer.7 Under the Code, DAs must be recommended by the Planning Commission and approved by the City Council. (ODC § 4.01.015.B & .D.) However, the details of this DA are not disclosed and appear to be piecemealed from the Commission’s consideration of the other Project Approvals.

5. Energy, GHG, VMT Impacts: In February 2025, the City approved the DDA without completing CEQA review, or adequately considering the potential increased impacts or additional mitigation measures. (See Exh. A, PDF pp. 8-9 [pars 16-24].) Local 11 alleged that additional feasible measures were available to minimize impacts, such as measures to reduce vehicle miles traveled (“VMT”) and greenhouse gas (“GHG”) emissions. The EIR Addendum shows that the Modified Project, as compared to the Approved Project in 2024, the Modified Project would increase energy consumption (e.g., electricity, natural gas, transportation energy), GHG emissions from vehicle trips and building space energy needs 3 See also ODC, Chapter 5.0, p. 5.02-30 (Tbl. 5.02-1 Land Use Matrix), pp. 5.03-79 – 5.03-80 (Section 5.03.250 CUP requirement).
4 See PC Agenda Report, PDF pp. 4, 118, 1474 (Item F).
5 Ibid., at PDF p. 608.
6 Ibid., at PDF pp. 718-719.
7 Ibid., at PDF pp. 638-641.
1-1
738
(e.g., 468 additional MTCO2e/yr), and increase vehicle trips under some scenarios analyzed (e.g., during some scenarios). (Exh. B, pp. 3-4.8) However, the Addendum applies no additional mitigation and relies on previously approved mitigation measures.9 However, prior measures remain inadequate, and the Addendum does not adequately consider feasible measures that could further mitigate impacts, such as the numerous recommendations from the California Air Pollution Control Officers Association (“CAPCOA”).10 (Exh. A, PDF pp. 28-29.) For example:
• Prior Mitigation Measure GHG-3 requires only CalGreen Tier 2 standards for electric vehicle (“EV”) vehicle spaces.11 However, it is not explained why additional mitigation measures could not be required, such as requiring the entire hotel Project to meet CalGreen Tier 2 standards (beyond just EV parking requirements) and/or to obtain LEED certification. Nor is it explained what CAPCOA measures were considered but found infeasible.
12 • Prio
r Mitigation Measure GHG-4 requires a 100-point score under Table 6 of the City’s Community Climate Action Plan (“CCAP”).13 However, it is not explained what Table 6 reduction measures will be required and/or feasible as the Project is currently proposed.14 This analysis is being deferred to the certificate of occupancy stage, which is after many decisions have already been made for the hotel Project (e.g., design, scale, roof elements, solar panel systems, landscaping, paving materials, mechanical systems, etc.). Nor is it explained what CAPCOA measures were considered but found infeasible.
15 • Prio
r Mitigation Measure TRAF-1a calls for traffic demand management (“TDM”) measures to be implemented at the building permit phase.16 However, it is not explained what TDMs were considered but found infeasible. Moreover, it references four specific measures, one of which includes a “voluntary” commuter trip reduction (“CTR”) program, which is less effective than a mandatory CTR program that provides for various TDM measures, a specific performance goal, and monitoring. (Exh. A, PDF p. 36.17) Nor is it explained what CAPCOA measures were considered but found infeasible.18
8 Ibid., at PDF pp. 692-695 (energy impact section), pp. 700-706 (GHG impact section), pp. 730-736 (transportation impact section).
9 Ibid., PDF pp. 693, 703, 705-706, 732, 747-771 (MMRP). 10 See CAPCOA (Dec. 2021) Handbook, pp. 31-32, 47-60 (identifying numerous measures related to transportation (T-1 – T-54), energy (E-1 - E-25), water (W-1 – W-7), lawn and landscaping (LL-1 – LL-3), solid waste (S-1 – S-5), construction (C-1-A – C-4), natural working lands (N-1 – N-6), refrigerants (R-1 – R-7), misc. (M-1 – M-5)).
11 See PC Agenda Report, PDF p. 705.
12 Supra fn. 10 (such as measures related to energy, water, misc.) 13 See PC Agenda Report, PDF pp. 705, 764.
14 City (Mar. 2023) CCAP, PDF pp. 29-34 (table 6).
15 Supra fn. 10 (such as measures related to energy, water, misc.) 16 See PC Agenda Report, PDF p. 766.
17 Supra fn. 10, pp. 83-88 (compare measure T-5 [voluntary CTR program] with measure T-6 [mandatory CTR program]).
18 Supra fn. 10 (such as measures related to transportation). 1-1
(CONT.)
1-2
1-3
1-4
739

6. MISC Issues. The EIR Addendum presents various issues not adequately addressed and/or worth further consideration, such as the following:
• The EIR Addendum suggests that the impacts from the Modified Project were anticipated in the certified EIR because the Modified Project would reduce the overall reduction in commercial uses.19 However, this presumes that all commercial uses are analogous and have similar impact profiles, which the Addendum does not adequately explain or justify and does not seem supported by the evidence. For example, commercial uses are routinely distinguished from one another to account for their unique impacts (e.g., traffic, ITE trip rates, CalEEMod emission modeling, zoning codes, and land-use compatibility). Additionally, the Addendum shows that the Modified Project will entail increased energy consumption, greater GHG emissions, and more vehicle trips under certain circumstances (discussed supra issue 5). Furthermore, the Approved Project considered only 100 hotel rooms as compared to the Modified Project’s 220+ hotel rooms. Hence, the Addendum’s assertion about reductions in commercial uses appears inadequately supported. • The EIR Addendum, while providing some information about vehicle trips, 20 does
not include a specific VMT study that clearly discloses the Modified Project’s VMT impacts. Various issues were identified by expert traffic comments regarding the City staff’s prior assumptions about the bigger hotel Project (summarized in a single presentation slide during the February DDA approval). (EXH. A, PDF pp. 32-36.) These issues have not been adequately addressed. For example, the Addendum does not explain or justify its use of a 50% internal hotel internalization rate, disclose the VMT lengths for the various uses, disclose the total VMT generated by the Modified Project, or explain why more robust VMT measures are not feasible (e.g., mandatory CTR). A complete VMT study should be provided.
• In February 2025, City staff suggested that the larger hotel Project would nevertheless generate fewer vehicle trips. (See Exh. A, PDF p. 33 [referencing single presentation slide].) However, the EIR Addendum states that vehicle trips will increase under certain circumstances.
21 Additionally, based on the EIR Addendum’s
CalEEMod output files (buried in the 1800+ page Commission Report), the Modified Project seems to generate approximately 315,000 more VMTs per year as compared to the Approved Project.22 This seems to confirm that the Modified Project was not anticipated in the 2024 EIR and that it would increase VMTs (and associated mobile emissions). Yet, the Addendum does not adequately explain why additional mitigation measures are not feasible (e.g., mandatory CTR program). This seems to be a post-hoc rationalization of its prior decision to approve the 226-room hotel Project (discussed supra item 3).
19 See PC Agenda Report, PDF p. 731.
20 Ibid., at PDF pp. 800-801, 807, 810.
21 See PC Agenda Report, PDF pp. 692-693, 731, 800.
22 Compare ibid., at PDF pp. 819, 856 (Modified Project generating 28,911,022 VMTs per year) with PDF pp. 871, 899 (Approved Project generating 28,595,268 VMTs per year). 1-5
1-6
1-7
740
• The EIR Addendum cites California regulations that involve fuel efficiency, which will, over time, reduce emissions generated by the Modified Project and the ORSC area.23 However, California regulations are currently under challenge from the federal government, which may block implementation of California vehicle emissions mandates.24 This is not adequately addressed in the Addendum. Nor does the Addendum Explore replacement mitigation if these emissions reductions are not realized.

Local 11 reserves the right to supplement these comments at future hearings and proceedings for this Project. (See Galante Vineyards v. Monterey Peninsula Water Management Dist. (1997) 60 Cal.App.4th 1109, 1120 [CEQA litigation not limited only to claims made during EIR comment period].) To the extent not already on the notice list, please place this office on the notification list for all notices of CEQA actions and any approvals, Project CEQA determinations, or public hearings to be held on the Project under state or local law requiring local agencies to mail such notices to any person who has filed a written request for them. (See e.g., Pub. Res. Code §§ 21092.2, 21167(f) and Gov. Code § 65092.) Please send notice by electronic and regular mail to this office.

Sincerely,
_________________________________________
Jordan R. Sisson, Esq.

Attorney for UNITE HERE Local 11
[Attachments following page]
23 Ibid., at PDF pp. 693, 798, 801.
24 See e.g., California Attorney General (6/12/25) California Will Not Waver in Defending Itself from Federal Overreach: Attorney General Bonta Sues Trump Administration for Attack on California’s Clean Vehicles Program, https://oag.ca.gov/news/press-releases/california-will-not-waver-defending-itself-federal- overreach-attorney-
general#:~:text=LOS%20ANGELES%20%E2%80%93%20California%20Attorney%20General,does%20not %20apply%20to%20waivers.; Jones Day (8/15/25) Active Battle Over the California Clean Air Act Waiver Continues, https://www.jonesday.com/en/insights/2025/08/active-battle-over-the-california-clean-air-act- waiver-continues -
:~:text=California's%20ability%20to%20set%20its,Omnibus%20Low%20NOX%22%20Rule.; White House (6/12/25) Statement By The President, https://www.whitehouse.gov/briefings- statements/2025/06/statement-by-the-president/; CEB (12/4/25) Active Battle Over the California Clean Air Act Waiver Continues, https://research.ceb.com/posts/ironically-the-trump-administrations-rollback-of- californias-emissions.
1-8
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Addendum to the ORSC EIR (PDEV25 -007) – Response to December 5, 2025 Appeal Letter from UNITE HERE Local 11
December 31, 2025

Attachment B:

Updated Trip Generation Comparison
742
ORSC EIR Data Source Quantity Unit Rate %In %Out Rate %In %Out In Out Total In Out Total PA 2
ITE Code 821-Shopping Plaza 22.5 KSF 67.52 1.73 62% 38% 5.19 49% 51% 1519 24 15 39 58 59 117 ITE Code 930-Fast Casual Restaurant 22.5 KSF 97.14 1.43 50% 50% 12.55 55% 45% 2186 16 17 33 155 127 282 Hotel 0
PA 3
ITE Code 821-Shopping Plaza 10.5 KSF 67.52 1.73 62% 38% 5.19 49% 51% 709 11 7 18 27 28 55 ITE Code 930-Fast Casual Restaurant 10.5 KSF 97.14 1.43 50% 50% 12.55 55% 45% 1020 8 8 16 72 59 131 Hotel 70,000 sq ft/100 rooms ITE Code 310-Hotel 100 Keys 7.99 0.46 56% 44% 0.59 51% 49% 799 26 20 46 30 29 59 PA 4
ITE Code 821-Shopping Plaza 7 KSF 67.52 1.73 62% 38% 5.19 49% 51% 473 8 5 13 18 19 37 ITE Code 930-Fast Casual Restaurant 7 KSF 97.14 1.43 50% 50% 12.55 55% 45% 680 5 5 10 48 40 88 Chicken 'n Pickle San Antonio Data 12 Courts 124.4 4.6 93% 7% 11.7 68% 32% 1493 51 4 55 95 45 140 Lodging and Retail Total 8879 149 81 230 503 406 909
Hotel Internalization Reduction (20% of Hotel Trips) -160 -5 -4 -9 -6 -6 -12 Retail Internalization Reduction (10% of Retail Trips) -659 -7 -6 -13 -38 -33 -71 Lodging and Retail Total Subtotal 8060 137 71 208 459 367 826 Revised Data Source Quantity Unit Rate %In %Out Rate %In %Out In Out Total In Out Total PA 2
ITE Code 821-Shopping Plaza 17.53 KSF 67.52 1.73 62% 38% 5.19 49% 51% 1184 19 12 31 45 46 91 ITE Code 930-Fast Casual Restaurant 17.53 KSF 97.14 1.43 50% 50% 12.55 55% 45% 1703 13 13 26 121 99 220 Hotel 226 Rooms ITE Code 310-Hotel 226 Keys 7.99 0.46 56% 44% 0.59 51% 49% 1806 58 46 104 68 65 133 PA 3
ITE Code 821-Shopping Plaza 5 KSF 67.52 1.73 62% 38% 5.19 49% 51% 338 5 4 9 13 13 26 ITE Code 930-Fast Casual Restaurant 5 KSF 97.14 1.43 50% 50% 12.55 55% 45% 486 4 4 8 35 28 63 Hotel 0
PA 4
ITE Code 821-Shopping Plaza 18.26 KSF 67.52 1.73 62% 38% 5.19 49% 51% 1233 20 13 33 46 48 94 ITE Code 930-Fast Casual Restaurant 18.26 KSF 97.14 1.43 50% 50% 12.55 55% 45% 1774 13 14 27 126 103 229 Lodging and Retail Total 8524 132 106 238 454 402 856
Hotel Internalization Reduction (20% of Hotel Trips) -361 -12 -9 -21 -14 -13 -27 Retail Internalization Reduction (10% of Retail Trips) -672 -7 -6 -13 -39 -34 -72 Lodging and Retail Total Subtotal 7491 113 91 204 401 355 757 PROPOSED - APPROVED (TYPICAL WEEKDAY WITH STADIUM EVENT) -569 -24 20 -4 -58 -12 -69 AM Peak PM Peak
Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) AM Peak PM PeakDaily
TripsDaily Rate
Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) Daily Trips AM Peak PM Peak Daily
Trips
AM Peak PM Peak
Retail 21,000 sq ft
Retail 45,000 sq ft
Retail 114,000 sq ft
Retail 35,055.44 sq ft
Retail 10,000 sq ft
Retail 36,512.54 sq ft
743
ORSC EIR Data Source Quantity Unit Rate %In %Out In Out Total PA 2
ITE Code 821-Shopping Plaza 22.5 KSF 81.07 6.22 52% 48% 1824 73 67 140 ITE Code 930-Fast Casual Restaurant 22.5 KSF 97.14 32.64 55% 45% 2186 404 330 734 Hotel 0
PA 3
ITE Code 821-Shopping Plaza 10.5 KSF 81.07 6.22 52% 48% 851 34 31 65 ITE Code 930-Fast Casual Restaurant 10.5 KSF 97.14 32.64 55% 45% 1020 188 154 342 Hotel 70,000 sq ft/100 rooms ITE Code 310-Hotel 100 Keys 8.07 0.72 56% 44% 807 40 32 72 PA 4
ITE Code 821-Shopping Plaza 7 KSF 81.07 6.22 52% 48% 567 23 21 44 ITE Code 930-Fast Casual Restaurant 7 KSF 97.14 32.64 55% 45% 680 126 103 229 Chicken 'n Pickle San Antonio Data 12 Courts 238 11.2 59% 41% 2856 79 55 134 Lodging and Retail Total 10791 967 793 1760
Hotel Internalization Reduction (50% of Hotel Trips) -404 -20 -16 -36 Retail Internalization Reduction (33% of Retail Trips) -2352 -280 -233 -513 Lodging and Retail Total Subtotal 8035 667 544 1211
Revised Data Source Quantity Unit Rate %In %Out In Out Total PA 2
ITE Code 821-Shopping Plaza 17.53 KSF 81.07 6.22 52% 48% 1421 57 52 109 ITE Code 930-Fast Casual Restaurant 17.53 KSF 97.14 32.64 55% 45% 1703 315 257 572 Hotel 226 Rooms ITE Code 310-Hotel 226 Keys 8.07 0.72 56% 44% 1824 91 72 163 PA 3
ITE Code 821-Shopping Plaza 5 KSF 81.07 6.22 52% 48% 405 16 15 31 ITE Code 930-Fast Casual Restaurant 5 KSF 97.14 32.64 55% 45% 486 90 73 163 Hotel 0
PA 4
ITE Code 821-Shopping Plaza 18.26 KSF 81.07 6.22 52% 48% 1480 59 55 114 ITE Code 930-Fast Casual Restaurant 18.26 KSF 97.14 32.64 55% 45% 1774 328 268 596 Lodging and Retail Total 9093 956 792 1748
Hotel Internalization Reduction (50% of Hotel Trips) -365 -18 -14 -33 Retail Internalization Reduction (33% of Retail Trips) -727 -87 -72 -159 Lodging and Retail Total Subtotal 8001 851 706 1556
PROPOSED - APPROVED (SATURDAY WITH ONE TOURNAMENT - NO BASEBALL STADIUM USE) -34 184 162 345 Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) Daily Rate Midday Peak Hour Daily
Trips
Midday Peak Hour
Retail 45,000 sq ft
Retail 21,000 sq ft
Retail 114,000 sq ft
Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) Daily Trips Midday Peak Hour Daily
Trips
Midday Peak Hour
Retail 35,055.44 sq ft
Retail 10,000 sq ft
Retail 36,512.54 sq ft
744
ORSC EIR Data Source Quantity Unit Rate %In %Out In Out Total PA 2
ITE Code 821-Shopping Plaza 22.5 KSF 81.07 6.22 52% 48% 1824 73 67 140 ITE Code 930-Fast Casual Restaurant 22.5 KSF 97.14 32.64 55% 45% 2186 404 330 734 Hotel 0
PA 3
ITE Code 821-Shopping Plaza 10.5 KSF 81.07 6.22 52% 48% 851 34 31 65 ITE Code 930-Fast Casual Restaurant 10.5 KSF 97.14 32.64 55% 45% 1020 188 154 342 Hotel 70,000 sq ft/100 rooms ITE Code 310-Hotel 100 Keys 8.07 0.72 56% 44% 807 40 32 72 PA 4
ITE Code 821-Shopping Plaza 7 KSF 81.07 6.22 52% 48% 567 23 21 44 ITE Code 930-Fast Casual Restaurant 7 KSF 97.14 32.64 55% 45% 680 126 103 229 Chicken 'n Pickle San Antonio Data 12 Courts 238 17.8 58% 42% 2856 124 90 214 Lodging and Retail Total 10791 1012 828 1840
Hotel Internalization Reduction (50% of Hotel Trips) -404 -20 -16 -36 Retail Internalization Reduction (33% of Retail Trips) -2352 -280 -233 -513 Lodging and Retail Total Subtotal 8035 712 579 1291
Revised Data Source Quantity Unit Rate %In %Out In Out Total PA 2
ITE Code 821-Shopping Plaza 17.53 KSF 81.07 6.22 52% 48% 1421 57 52 109 ITE Code 930-Fast Casual Restaurant 17.53 KSF 97.14 32.64 55% 45% 1703 315 257 572 Hotel 226 Rooms ITE Code 310-Hotel 226 Keys 8.07 0.72 56% 44% 1824 91 72 163 PA 3
ITE Code 821-Shopping Plaza 5 KSF 81.07 6.22 52% 48% 405 16 15 31 ITE Code 930-Fast Casual Restaurant 5 KSF 97.14 32.64 55% 45% 486 90 73 163 Hotel 0
PA 4
ITE Code 821-Shopping Plaza 18.26 KSF 81.07 6.22 52% 48% 1480 59 55 114 ITE Code 930-Fast Casual Restaurant 18.26 KSF 97.14 32.64 55% 45% 1774 328 268 596 Lodging and Retail Total 9093 956 792 1748
Hotel Internalization Reduction (50% of Hotel Trips) -365 -18 -14 -33 Retail Internalization Reduction (33% of Retail Trips) -727 -87 -72 -159 Lodging and Retail Total Subtotal 8001 851 706 1556
PROPOSED - APPROVED (SATURDAY WITH STADIUM EVENT - NO FIELD TOURNAMENTS) -34 139 127 265 Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) Daily Rate Peak Hour of Arrival (5-6PM) Daily
Trips
Peak Hour of Arrival (5-6PM)
Retail 45,000 sq ft
Retail 21,000 sq ft
Retail 114,000 sq ft
Trip Generation Rates (11th Edition) Estimated Trip Generation (11th Edition) Daily Trips Peak Hour of Arrival (5-6PM) Daily
Trips
Peak Hour of Arrival (5-6PM)
Retail 35,055.44 sq ft
Retail 10,000 sq ft
Retail 36,512.54 sq ft
745
Case Planner: Thomas Grahn Hearing Body Date Decision Action Planning Director
Approval:

DAB 11/17/2025 Approval Recommend
PC 11/25/2025 Final
Submittal Date: May 2, 2025 CC
F
ILE NO: PDEV25-007
SU
BJECT: A Development Plan to construct a 226 room hotel totaling 183,609 square feet (including a 158,272 square foot hotel and 25,337 square feet of commercial uses) on 3.41 acres of land located south of Riverside Drive and east of Hellman Avenue within the CCS (Convention Center Services Commercial) zoning district; (APNs: 218-111-67, 218- 111-68, and 218-111-69); submitted by Ontario Ranch Hotel, LLC.

PR
OPERTY OWNER: Ontario Ranch Hotel, LLC
R
ECOMMENDED ACTION: That the Planning Commission consider and adopt a Resolution approving the use of an Addendum to the Ontario Regional Sports Complex Environmental Impact Report (State Clearinghouse No. 2023110328), certified by the City Council on July 16, 2024, and consider and adopt a Resolution approving a Development Plan (File No. PDEV25-007), pursuant to the facts and reasons contained in the staff report and attached Resolutions, and subject to the conditions of approval appended to the attached Resolutions as Attachment A.

B
ACKGROUND: On May 2, 2025, the Applicant submitted a Development Plan for a 226 room hotel dual-branded hotel (Ontario Residence Inn and Aloft Hotel) totaling 183,609 square feet with commercial and retail space on 3.41 acres of land within the Ontario Regional Sports Complex (ORSC).

O
n November 17, 2025, the Development Advisory Board conducted a public hearing regarding the Development Plan and recommended that the Planning Commission approve File No. PDEV25-007.

T
he Ontario Regional Sports Complex Environmental Impact Report (ORSC EIR) (State Clearinghouse No. 2023110328) was certified on July 16, 2024, and evaluated the development of a variety of recreational opportunities on an approximately 199 -gross- acre site. The land use plan under the ORSC EIR comprised 7 planning areas (PA) – Baseball Stadium (PA 1); Commercial Retail (PA 2), Baseball Stadium Retail-Hospitality (PA 3), Baseball Stadium Retail -Hospitality South (PA 4), City Park -Active Fields (PA 5), City Park-Indoor Athletic Facility (PA 6), and Community Recreation Center (PA 7). The ORSC EIR evaluated PA 2 as containing retail uses and PA 3 containing both commercial and hotel land uses; here, the proposed hotel Project would be located in PA 2. 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
November 25, 2025
Approval
746
Planning Commission Agenda Report
File No.: PDEV25-007
November 25, 2025

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Ontario City CouncilJanuary 20, 2026

Ontario City Council
January 20, 2026