CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST 18, 2026
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN
WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected]
.
To
comment by phone, please call (909) 256-2441 during the meeting.
Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.
In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.
Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
ACCOMMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1
ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER
(OPEN SESSION)
ROLL CALL
Wapner, Bowman, Porada, Macias, Mayor/Chairman Leon
INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.
PLEDGE OF ALLEGIANCE
Council Member Porada
INVOCATION
Pastor Robert Rocha Jr., Voz Church
PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.
An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.
To submit written public comments by email, please send your name, the agenda item you are commenting on, and your comments to
[email protected]
. The public comment
submission window opens at the time the agenda is published and remains open until 4:00 p.m. on the day of the meeting. All comments received during this timeframe will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2
1. APPROVAL OF MINUTES
ATTACHMENT:
20260623S Meeting Minutes (Not Official Until Approved).docx ATTACHMENT:
20260707 Meeting Minutes (Not Official Until Approved).docx ATTACHMENT:
20260721 Meeting Minutes (Not Official Until Approved).docx
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH THE CITY OF RANCHO
CUCAMONGA FOR THE PAVEMENT RESURFACING OF VINEYARD AVENUE AT THE EIGHTH
STREET INTERSECTION PROJECT
ATTACHMENT:
Reimbursement Agreement- Rancho Cucamonga.pdf
ATTACHMENT:
Attachment A Map.pdf
4. A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
ATTACHMENT:
Ardurra Group, Inc. - Professional Services Agreement
Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Minutes for the special meetings of the City Council and Housing Authority of June 23, 2026, regular meetings of the City Council and Housing Authority of July 7, 2026 and July 21, 2026, and approving same as on file in the Records Management Department.
Bills July 3, 2026 through August 6, 2026, and Payroll June 14, 2026 through July 25, 2026.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Reimbursement Agreement with the City of Rancho Cucamonga for the Pavement
Resurfacing of Vineyard Avenue and Eighth Street Intersection Project in the amount of $187,634 plus a ten percent (10%) engineering fee of $18,764, and a survey cost of $5,240 for a total of $211,638, and authorize the City Manager, or his designee, to execute future amendments within the authorization limits.
That the City Council a
uthorize the City Manager, or designee, to execute a three-year Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide construction management and inspection services for a contract amount of $800,000 per year for a total not-to-exceed contract amount of $2,400,000.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 19970 GENERALLY LOCATED ON CYPRESS AVENUE BETWEEN
FRANCIS STREET AND CEDAR STREET
ATTACHMENT:
PM-19970_01 Exhibit A.pdf
ATTACHMENT:
PM-19970_02_RESO_RM
ATTACHMENT:
PM-19970_03 SIA.pdf
6. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE GENERAL ASSEMBLY MEETING
ATTACHMENT:
2026-voting-delegate-information-packet.pdf
7. AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH ENVISIO SOLUTIONS, INC.
FOR PERFORMANCE MANAGEMENT AND STRATEGIC PLANNING SOFTWARE SERVICES ATTACHMENT:
City of Ontario - Polco Track Renewal_V2 (1).pdf
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Parcel Map No. 19970, generally located on Cypress Avenue between Francis Street and Cedar Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 19970 GENERALLY LOCATED ON CYPRESS AVENUE BETWEEN FRANCIS STREET AND CEDAR STREET.
That the City Council designate Council Member Debra Porada as the City's voting delegate and Council Member Daisy Macias as the alternate voting delegate for the League of California Cities Annual Conference General Assembly, scheduled for September 23–25, 2026.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 5 to the Master Services Agreement with Envisio Solutions, Inc. for continued performance management and strategic planning software services through the Polco Track add-on module in the amount of $36,000, over a 3-year term, increasing the not-to-exceed amount to $342,025.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4
8. A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA26-002 REVISING AND CLARIFYING
CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE PURSUANT TO AN
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ATTACHMENT:
File_No._PDCA26-002_02_Dev_Code_Amendment_ORD_RM
ATTACHMENT:
Chapter 2.0 - Administration and Procedures_Rev 08-04-2026.docx ATTACHMENT:
Chapter 4 0 - Permits Actions and Decisions_Rev 08-04-2026.docx ATTACHMENT:
Chapter 5.0 - Zoning and Land Use Rev 08-04-2026
ATTACHMENT:
Chapter 6.0 - Development and Subdivision Regs_Rev 08-04-2026.docx ATTACHMENT:
Chapter 8.0 - Sign Regulations_Rev 08-04-2026.docx
That the City Council adopt an Ordinance approving File No. PDCA26-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and
Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA26-002, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN REGULATIONS) OF THE CITY OF ONTARIO
DEVELOPMENT CODE PURSUANT TO AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5
9. AWARD OF 20 CONSTRUCTION CONTRACTS FOR THE CONSTRUCTION OF THE FLIGHT
TOWER RESTAURANT AT ONT FIELD
ATTACHMENT:
2. Contract FTR - Bogh Concrete Site.pdf
ATTACHMENT:
2. Contract FTR - Haxton.pdf
That the City Council take the following actions:
A
.
Authorize the City Manager, or his designee, to execute 20 Construction Contracts to provide the various construction services listed below for Bid No. 2004 - D&C25-004 – Flight Tower Restaurant located at ONT Field in the amount of $19,874,338 and authorize a combined contingency of $2,981,151 to include the five contractors from Bid No. 1979 and Bid No. 1985, for a total not-to-exceed contract amount of $22,855,489:
a
.
06 – Concrete: Site – Bogh Construction, LLC: $774,374
b
.
07 - Masonry – Haxton Masonry, Inc.: $560,000
c
.
08 – Metal Stud Framing, Insulation, Drywall & Plaster – Brady West, Inc.:
$1,390,987
d
.
09 – Finish Carpentry & Casework – K & Z Cabinet Company, Inc.: $718,140 e
.
10 – Sheet Metal & Cladding – Exclusive Metal, Inc.: $1,020,000 f
.
11 – Roofing & Waterproofing – Commercial & Industrial Roofing Company, Inc.:
$484,000
g
.
12 - Door, Frames, Hardware – Star Hardware, Inc.: $199,400 h
.
13- Aluminum & Glazing – Golden Glass, Inc.: $1,274,420 i
.
14 – Ceramic Tiling – Continental Marble & Tile Company: $531,037 j
.
15 - Acoustical Ceiling & Treatment – Southcoast Acoustical Interiors, Inc.: $487,755 k
.
17 - Painting & Wall Covering – D & M Painting, Inc.: $185,700 l
.
18 - Signage – TFN Architectural Signage, Inc. dba Third Floor North Company:
$318,014
m
.
19 – Food Service – Kamran and Company, LLC: $1,467,090 n
.
20 – Fire Sprinkler – Serenity Fire Protection: $179,870 o
.
21 – Plumbing: Building – Rivera Equipment dba Valley Industrial Mechanical:
$910,000
p
.
22 - HVAC: Wet & Dry – Simco Mechanical: $1,479,531
q
.
23 – Electrical & Low Voltage – Rancho Pacific Electric Construction, Inc.: $4,739,100 r
.
24 – Landscape & Irrigation – American Landscape, Inc.: $149,000 s
.
25 – Ornamental Fencing – Econo Fence, Inc.: $205,950
t
.
26 – General Package – Bogh Construction, LLC: $2,799,970; and B
.
Reject the bid protest from Continental Plumbing, Inc for D&C25-004 – Flight Tower Restaurant – BC21 – Plumbing as without merit; and
C
.
Reject the bid from Elegant Construction Company as non-responsive on Bid No. 2004 – D&C25-004 – Flight Tower Restaurant – BC25 - Ornamental Fencing and award the bid to the next lowest responsible bidder; and
D
.
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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 ATTACHMENT:
2. Contract FTR - Brady West.pdf
ATTACHMENT:
2. Contract FTR - K_and_Z.pdf
ATTACHMENT:
2. Contract FTR - Exclusive Metal.pdf
ATTACHMENT:
2. Contract FTR - Commercial_and_ Industrial Roofing.pdf ATTACHMENT:
2. Contract FTR - Star Hardware.pdf
ATTACHMENT:
2. Contract FTR - Golden Glass.pdf
ATTACHMENT:
2. Contract FTR - Continental Marble and Tile.pdf
ATTACHMENT:
2. Contract FTR - Southa Acoustical Interiors.pdf
ATTACHMENT:
2. Contract FTR - D&M.pdf
ATTACHMENT:
2. Contract FTR - TFN.pdf
ATTACHMENT:
2. Contract FTR - Kamran.pdf
ATTACHMENT:
2. Contract FTR - Serenity.pdf
ATTACHMENT:
2. Contract FTR - Valley Industrial Mechanical.pdf
ATTACHMENT:
2. Contract FTR - Simco.pdf
ATTACHMENT:
2. Contract FTR - RPE.pdf
ATTACHMENT:
2. Contract FTR - American Landscape.pdf
ATTACHMENT:
2. Contract FTR - Econo Fence.pdf
ATTACHMENT:
2. Contract FTR - Bogh Gen Package.pdf
10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR BIOLOGICAL, ARCHAEOLOGICAL, AND PALEONTOLOGICAL SUPPORT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE GRAND PARK PHASE 1
PROJECT
ATTACHMENT:
Transtech Engineers, Inc.- Amendment No. 14.pdf
11. AN AMENDMENT TO THE AGREEMENT TO RENEW THE SUBSCRIPTION FOR THE AIRHUB PREMIUM PLAN WITH AIRSPACE LINK, INC.
ATTACHMENT:
Airspace Link_Amendment 4.pdf
That the City Council take the following actions:
A
.
Authorize the City Manager, or his designee, to execute Amendment No. 14 to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for biological, archaeological, and paleontological support and construction management services for the Grand Park Phase 1 Project in the amount of $2,678,970 for a total not-
to-exceed contract amount of $9,393,809
and extend the contract to June 30, 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.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 4 to the current Agreement with Airspace Link, Inc., of Detroit, Michigan, for the Airhub Premium Subscription Renewal in the amount not-to-exceed $576,000.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7
12. A CHANGE ORDER TO A CONSTRUCTION CONTRACT WITH NORSTAR PLUMBING & ENGINEERING, INC., AND AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH ARDURRA GROUP, INC., NINYO & MOORE, INC., AND Z&K CONSULTANTS, INC., FOR
THE DOWNTOWN WATER MAIN IMPROVEMENTS PROJECT
ATTACHMENT:
Exhibit A.pdf
ATTACHMENT:
Change Order No. 1 to Norstar_01 CO.pdf
ATTACHMENT:
Amendment No. 1 to
Ardurra_01 AGMT.pdf
ATTACHMENT:
Amendment No. 3 to Ninyo_and_Moore_01 AGMT.pdf
ATTACHMENT:
Amendment No. 3 to
Z_and_K_01 AGMT.pdf
13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AVANT GARDE, INC.
FOR CONSULTING AND PROJECT MANAGEMENT SERVICES
ATTACHMENT:
Amendment to Non-Construction Contract - Avant Garde Inc..pdf
That the City Council take the following actions:
A
.
Authorize the City Manager, or designee, to approve Change Order No. 1 to the Construction Contract for UT1066 for the Downtown Water Main Improvements Project along “H” Street with Norstar Plumbing & Engineering, Inc., of Alta Loma, California, in the amount of $2,142,092 plus a 15% contingency of $321,314 for a revised total not-to- exceed amount of $11,357,981, a term of 287 days after issuance of notice to proceed.
B
.
Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, for construction engineering services in the amount of $55,442 for a revised new total not-to-exceed amount of $234,921 and a term from August 19, 2025 to August 19, 2027.
C
.
Authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Ninyo & Moore, Inc., of San Diego, California, for geotechnical and material testing services in the amount of $62,560 for a revised new total not-to-exceed amount of $503,696 and a term from May 2, 2023 to May 2, 2028.
D
.
Authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Z&K Consultants, Inc., of Riverside, California, for construction management and inspection services in the amount of $169,650 for a revised new total not-to-exceed amount of $1,198,292 and a term from June 4, 2024 to May 31, 2029.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Avant Garde, Inc., for consulting and project management services, increasing the contract amount by $460,000, for a revised total not-to- exceed amount of $560,000.
PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8
14. A PUBLIC HEARING TO CONSIDER A RESOLUTION AUTHORIZING THE SUBMISSION OF A
PROHOUSING DESIGNATION APPLICATION TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
ATTACHMENT:
Prohousing Application
ATTACHMENT:
20260804_Application_for_Prohousing_Designation_RESO_RM.docx
15. CITY COUNCIL APPOINTMENTS
That the City Council adopt a Resolution authorizing the submission of a Prohousing Designation application to the California Department of Housing and Community Development (HCD).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING
THE SUBMISSION OF A PROHOUSING DESIGNATION APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
That the City Council discuss and take action on City Council appointments.
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9
ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
JUNE 23, 2026
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)
JOINT MEETINGS
The special meetings of the Ontario City Counci l, and Housing Authority were held on Tuesday, June 23, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 9:07 a.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and Assistant City Clerk / Claudia Y. Isbell.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
PUBLIC COMMENT
Chris Robles, spoke regarding the budget.
Randy Bekendam, spoke regarding funds for park land.
Karen May, spoke regarding budget workshops.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa had no announcements.
10 Ontario City Council/Ontario Housing Authority
Special Meeting Minutes – June 23, 2026
PUBLIC HEARINGS
1. A RESOLUTION ADOPTING UPDATES TO THE CITYWIDE FEE SCHEDULE
ESTABLISHING AND AMENDING CERTAIN SERVICE AND DEVELOPMENT
RELATED FEES FOR CITY SERVICES
The City Council adopted a Resolution to approve the Fiscal Year 2026-27 Proposed Citywide Fee Schedule Updates (Exhibit A) in order to establish and amend certain charges for services and development-related fees for City services.
RESOLUTION NO. 2026 -059 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING UPDATES TO THE CITYWIDE FEE
SCHEDULE ESTABLISHING AND AMENDING CERTAIN SERVICE AND
DEVELOPMENT-RELATED FEES FOR CITY SERVICES.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and called upon the City Manager to provide a summary of the item.
Mayor Leon called on the speaker, Chris Robles, who spoke in opposition. Hearing no one else wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Macias and carried by a vote of 5-0, to adopt Resolution No. 2026-059 with the amendment to raise administrative citations fees for fireworks to $1 ,000 for the first offense, $2,000 for a second offense and $3,000 for a third offense.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
2. A RESOLUTION APPROVING THE FISCAL YEAR 2026 -27 THROUGH FISCAL YEAR 2030 -31 MEASURE I FIVE -YEAR CAPITAL IMPROVEMENT
EXPENDITURE PLAN AND EXPENDITURE STRATEGY
The City Council adopted a Resolution approving the Fiscal Year 2026 -27 through Fiscal Year 2030-31 Measure I Five-Year Capital Improvement Expenditure Plan and Expenditure Strategy.
RESOLUTION NO. 2026 -060 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE -YEAR CAPITAL IMPROVEMENT PLAN FY 2026-27 THROUGH FY 2030-31.
There were no written communications for the item. Mayor Leon called on the speaker, Chris Robles, who spoke in opposition.
11 Ontario City Council/Ontario Housing Authority
Special Meeting Minutes – June 23, 2026
Mayor Leon called upon the City Manager to provide a summary of the item , then opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, carried by a vote of 5-0, to adopt Resolution No. 2026-060.
3. FISCAL YEAR 2025 -26 YEAR-END BUDGET UPDATE REPORT AND REVIEW AND ADOPTION OF THE CITY'S FISCAL YEAR 2026 -27 BUDGET AND
APPROVAL OF BUDGET-RELATED ACTIONS
A. The City Council approve d the budget adjustments and recommendations listed in the Fiscal Year 2025-26 Year-End Budget Update Report; B. The City Council and the Housing Authority Board adopt ed Resolutions establishing the appropriations limit of the City of Ontario for Fiscal Year 2026- 27 and approve d the operating budget, including the Capital Improvement Program, of the City of Ontario and Ontario Housing Authority for Fiscal Year 2026-27;
C. The City Council approve d the annual budget of the Ontario Convention Center for Fiscal Year 2026-27;
D. The City Council approve d the annual budget of the Toyota Arena for Fiscal Year 2026-27;
E. The City Council approve d the annual budget of the Whispering Lakes Golf Course for Fiscal Year 2026-27;
F. The City Council approved the annual budget of the ONT Field for Fiscal Year 2026-27;
G. The City Council approve d the annual budget of the Sports Fields Management for Fiscal Year 2026 -27; Approved the updated Travel and Expense Policy; Approved the updated Purchasing Policies and Procedures Manual; Approved the updated Capital Asset Policy; and adopt ed the Resolution establishing the Escheatment Policy
RESOLUTION NO. 2026 -061 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE CITY OF ONTARIO FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -062 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING THE OPERATING BUDGET OF SAID CITY FOR THE FISCAL YEAR 2026-27.
RESOLUTION NO. OHA-122 A RESOLUTION OF THE ONTARIO HOUSING
AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A BUDGET FOR SAID AUTHORITY FOR THE FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -063 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ESTABLISHING PROCEDURES FOR THE
DISPOSITION OF UNCLAIMED FUNDS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTIONS 50050 THROUGH 50056 AND AUTHORIZING 12 Ontario City Council/Ontario Housing Authority
Special Meeting Minutes – June 23, 2026
THE ADMINISTRATIVE TRANSFER OF CERTAIN UNCLAIMED FUNDS TO THE GENERAL FUND.
There were no written communications for the item. Mayor Leon called upon the City Manager to provide a summary of the item.
Mayor Leon called on the speakers:
Chris Robles, spoke in opposition.
Randy Bekendam, requested funds for healthy food programs.
Mayor Leon opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Bowman carried by a vote of 5 -0, to adopt Resolution Nos. 2026 -061, 2026-062, 2026-063 and OHA-122, with the amendments of an additional $350,000 for the Police Department, $250,000 to Engineering Department for a traffic enforcement program, and funds for the planning and design of parks in the northeast part of the City.
STAFF MATTERS
City Manager Ochoa had no updates.
COUNCIL MATTERS
Mayor pro Tem Wapner had no comments.
Council Member Bowman had no comments.
Mayor Leon had no comments.
Council Member Macias made no comments.
Council Member Porada made no comments.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 10:43 a.m.
Respectfully submitted,
____________________________________
CLAUDIA Y. ISBELL, ASSISTANT CITY CLERK/ASSISTANT SECRETARY
APPROVED:
13 Ontario City Council/Ontario Housing Authority
Special Meeting Minutes – June 23, 2026
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
14 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
JULY 7, 2026
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)
JOINT MEETINGS
The regular meetings of the Ontario City Counci l and Housing Authority were held on Tuesday, July 7, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 5:30 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.
CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session item. Hearing no one, City Attorney Duran announced the matter for discussion as listed on the agenda. Mayor Leon recessed to Closed Session at 5:32 p.m.
GC 54957.6, CONFERENCE WITH LABOR NEGOTIATORS
City Negotiator: City Manager or his designees; Bargaining Units: Association of Ontario Management Employees (AOME), and American Federation of State, County & Municipal Employees Local 3061 (AFSCME)
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN’s: 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054 -301-01, 1054 -301-02; 932 -936; Southwest Corner of Bon View Avenue and Eucalyptus Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: County of San Bernardino; Under negotiation: Price and terms of payment.
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Regular Meeting Minutes – July 7, 2026
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Macias.
INVOCATION
The Invocation was led by Pastor Robert Rocha Jr. from Voz Church.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there were two written communications:
Rafael Fajardo, regarding pickleball courts.
Brad Neumann, regarding public record requests.
Mayor Leon called upon the speakers:
Chris Robles, commented on the Independence Day Parade.
Tina Silva, gave a land acknowledgement and spoke on Immigration and Customs Enforcement.
Dale Roberts, spoke on his interactions with the Police Department.
Randy Bekendam, spoke on farmland preservation.
Tommy Mushegain, spoke on several topics.
Joe Vlietstra, expressed appreciation to Staff for repairing the lights at the Scout House.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced an updated copy of the exhibits to the Resolution being considered under Agenda Item No. 4. The update reflected a revised and reduced amount for assessments totaling $454,186.42 related to 544 parcels, which means that $99,305.73 for 300 parcels was collected, postponed, or settled since the public agenda was prepared.
CONSENT CALENDAR
Public Comment:
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Regular Meeting Minutes – July 7, 2026
Mayor Leon called upon the speakers:
Chris Robles, spoke in opposition to Item Nos. 9-14.
Randy Bekendam, spoke in opposition to Item Nos. 13 and 14.
Karen May, spoke in opposition to Item Nos. 13 and 14.
Tommy Mushegain, spoke in opposition to Item No. 11.
MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a vote of 5-0, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Approved Minutes for the regular meetings of the City Council and Housing Authority of June 2, 2026, and approving same as on file in the Records Management Department.
2. BILL & PAYROLL
Approved Bills May 29, 2026 through June 18, 2026, in the amount of $58,064,394.80, and Payroll May 17, 2026 through May 30, 2026 , in the amount of $7,039,657.02.
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20526 LOCATED ON
THE NORTHEAST CORNER OF HAVEN AVENUE AND CHINO AVENUE
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security, and Final Tract Map No. 20526, located on the northeast corner of Haven Avenue and Chino Avenue
RESOLUTION NO. 2026 -064 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20526 GENERALLY
LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND CHINO AVENUE.
4. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN
BERNARDINO COUNTY TAX ROLLS
The City Council adopt ed a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.
RESOLUTION NO. 2026 -065 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE
PLACEMENT OF SPECIAL ASSESSMENT S ON PROPERTY TAX BILLS FOR 17 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 7, 2026
CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
5. A RESOLUTION APPROVING THE LEVY OF THE ASSESSMENTS FOR FISCAL YEAR 2026 -27 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT
DISTRICT
The City Council adopted a Resolution for the Downtown Ontario Improvement Association (DOIA) authorizing the levying of the special assessments for Fiscal Year 2026-27.
RESOLUTION NO. 2026 -066 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE LEVY OF THE
ASSESSMENTS FOR FISCAL YEAR 2026 -27 FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT.
6. A RESOLUTION APPROVING THE ADDITION OF FIRE DEPARTMENT
CLASSIFICATIONS TO THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM
The City Council adopted a Resolution approving additional Fire Department classifications to the terms and conditions for Fire Department responses to the California Fire and Rescue Mutual Aid System requests to assist State of California and Federal Fire agencies.
RESOLUTION NO. 2026 -067 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.
7. ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC
SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FY 2026-27 IN THE AMOUNT OF $336,600
The City Council authorized the City Manager or his designee to execute all documents necessary to accept a 12 -month grant in the amount of $336,600 from the California Office of Traffic Safety (OTS) for participation in the FY 2026 -27 Selective Traffic Enforcement Program (STEP) Grant.
8. A DONATION FROM KIMBERLY-CLARK FOUNDATION TO THE ONTARIO FIRE
DEPARTMENT
The City Council recognized a donation of $120,000 from the Kimberly -Clark Foundation.
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Regular Meeting Minutes – July 7, 2026
9. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH SWA GROUP, INC., AND KLEINFELDER, INC. AND AN AGREEMENT WITH KIZH
NATION RESOURCES MANAGEMENT FOR THE ONTARIO GRAND PARK
PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with SWA Group, Inc., of Laguna Beach, California, for additional engineering services for the Grand Park project in the amount of $116,400 for a total no t-to-exceed contract amount of $6,819,396; and
B. Authorized the City Manager, or his designee, to execute Amendment No. 11 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, for on-call geotechnical and materials testing services for the Grand Park project in the amount of $71,780 for a total not -to-exceed agreement amount of $2,978,918; and
C. Authorized an Agreement with Kizh Nation Resources Management to monitor all groundwork to ensure the Native American Cultural Resources are properly mitigated per the approved Environmental Impact Report for a total not -to- exceed contract amount of $411,680; and
D. Authorized 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.
10. APPROVAL OF THE DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF22-002) AND MEMORANDUM OF AGREEMENT BETWEEN THE CITY
OF ONTARIO AND PROLOGIS LP FOR INFRASTRUCTURE CONSTRUCTION ASSOCIATED WITH PARCEL MAP 20273, LOCATED BETWEEN GROVE
AVENUE, CARPENTER AVEN UE, EUCALYPTUS AVENUE, AND MERRILL
AVENUE, WITHIN THE MERRILL COMMERCE CENTER SPECIFIC PLAN
The City Council approved the Development Impact Fee Credit Agreement (File No.
PDIF22-002) and Memorandum of Agreement between the City of Ontario and Prologis LP, located east of Grove Avenue, south of Eucalyptus Avenue, north of Merrill Avenue, and west of Carpenter Avenue, within the Merrill Commerce Center Specific Plan, and authorized the City Manager to execute the Agreement.
11. APPROVAL OF THE DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21 -001, PDIF26 -002, AND PDIF26 -003) AND MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID LAND VENTURE LLC EUCLID LAND VENTURE 2 LLC AND GROVE LAND VENTURE FOR INFRASTRUCTURE CONSTRUCTION ASSOCIATED WITH PARCEL MAP 20016,
LOCATED BETWEEN EUCLID AVENUE, GROVE AVENUE, EUCALYPTUS 19 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 7, 2026
AVENUE, AND MERRILL AVENUE, WITHIN THE ONTAR IO RANCH BUSINESS
PARK SPECIFIC PLAN AND SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN
The City Council approved the Development Impact Fee Credit Agreement (File Nos.
PDIF21-001, PDIF26 -002, AND PDIF26 -003) and Memorandum of Agreement between the City of Ontario and Euclid Land Venture LLC, Euclid Land Venture 2, and Grove Land Venture for infrastructure construction associated with Parcel Map 20016, located east of Euclid Avenue, south of Eucalyptus Avenue, north of Merrill Avenue, and west of Grove Avenue, within the Ontario Ranch Business Park Specific Plan and South Ontario Logistics Center, and authorized the City Manager to execute the Agreements.
12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
RMA GROUP AND AN AMENDMENT TO THE AGREEMENT WITH KIZH NATION
RESOURCES MANAGEMENT FOR THE ONTARIO SPORTS EMPIRE PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Amendment No. 6 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on -call geotechnical consulting, materials testing, and special inspection services for the Ontario Sports Empire project in the amount of $1,504,150 for a total not-to-exceed contract amount of $7,147,513; and B. Authorized an extension to the Agreement with Kizh Nation Resources Management to monitor all groundwork to ensure that any Native American Cultural Resources are properly mitigated per the approved Environmental Impact Report for the Ontario Sports Empire project in the amount of $385,805 for a total not-to-exceed contract amount of $1,386,765.
13. AN ORDINANCE APPROVING A ZONING MAP AMENDMENT, FILE NO . PZC25- 002
The City Council adopted an Ordinance approving a Zoning Map Amendment, File No. PZC25 -002, to implement the Policy Plan Amendment. Introduction and first reading took place at the regular meeting of June 16, 2026.
ORDINANCE NO. 3336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC25 -002, A CITYWIDE ZONING MAP AMENDMENT TO IMPLEMENT THE ONTARIO PLAN 2050 POLICY PLAN AMENDMENT, AND MAKING FINDINGS IN SUPPORT THEREOF.— APNS:
0110-072-25, 0110-081-06, 0110-081-07, 0113-282-15, 0216-174-16, 0216-174-17, 0216-214-05, 0216-214-06, 0216-214-07, 0216-311-08, 0216-311-09, 0216-312-08, 0216-312-09, 0216-312-10, 0216-313-01, 0216-313-03, 0216-313-04, 0216-313-05, 0216-313-06, 0216-313-07, 0216-313-09, 0216-314-01, 0216-314-03, 0216-314-04, 0216-314-05, 0216-314-07, 0216-314-08, 0216-314-09, 0216-321-01, 0216-321-02, 0216-321-03, 0216-321-06, 0216-321-07, 0216-322-01, 0216-322-02, 0216-322-10, 20 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 7, 2026
0218-102-10, 0218-102-11, 0218-111-06, 0218-111-08, 0218-111-09, 0218-111-10, 0218-111-11, 0218-111-50, 0218 -111-67, 0218-111-68, 0218-111-69, 0218-121-01, 0218-121-02, 0218-121-03, 0218-121-04, 0218-121-05, 0218-121-06, 0218-122-01, 0218-122-02, 0218-122-03, 0218-122-04, 0218-122-06, 0218-122-08, 0218-122-09, 0218-122-10, 0218-181-11, 0218-181-16, 1049-101-01, 1049-101-02, 1049-101-04, 1049-101-05, 1049-101-06, 1049-101-07, 1049-101-08, 1049-101-09, 1049-101-10, 1049-101-11, 1049-101-12, 1049-101-13, 1049-101-14, 1049-101-15, 1049-101-16, 1049-101-17, 1049-101-18, 1049-101-29, 1049-101-30, 1049-101-31, 1049-101-32, 1049-101-33, 1049-101-34, 1049-101-35, 1049-101-36, 1049-101-37, 1049-101-38, 1049-101-39, 1049-101-40, 1049-131-01, 1049-131-02, 1049-131-03, 1049-131-04, 1049-131-08, 1049-131-09, 1049-131-18, 1049-131-19, 1049-131-20, 1049-131-21, 1049-131-22, 1049-161-01, 1049-161-24, 1049-161-25, 1049-171-05, 1049-171-06, 1049-171-07, 1052-151-05, 1052-151-09, 1052-151-10, 1052-151-11, 1052-161-03, 1053-111-01, 1053-111-03, 1053-111-04, 1053-171-01, 1053-171-04, 1053-171-06, 1053-171-07, 1053-181-01, 1053-181-02, 1053-191-01, 1053-191-02, 1053-201-01, 1053-281-08, 1053-301-01, 1053-301-02, 1053-311-01, 1053-311-02, 1053-321-01, 1053-321-02, 1053-321-03, 1053-331-02, 1053-331-04, 1053-341-01, 1053-341-02, 1053-351-02, 1053-361-02, 1053-371-01, 1053-391-01, 1053-411-01, 1053-421-01, 1053-421-02, 1053-511-01, 1053-511-05, 1053-511-06, 1053-511-07, 1053-511-08, 1053-521-01, 1053-521-02, 1053-531-01, 1053-531-04, 1053-541-01, 1053-551-01, 1053-571-01, 1053-571-02, 1053-581-03, 1053-581-04, 1053-591-01, 1053-591-02, 1053-601-01, 1053-601-02, 1053-601-03, 1053-601-04.
14. AN ORDINANCE APPROVING THE EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, FILE NO. PSP24-003
The City Council adopted an Ordinance approving the Eucalyptus Business Park Specific Plan (File No. PSP24 -003), appended to the attached Ordinance as "Attachment A", pursuant to the facts and reasons contained in the staff report and subject to the conditions of approval appende d to the attached Ordinance as "Attachment B". Introduction and first reading took place at the regular meeting of June 16, 2026.
ORDINANCE NO. 3337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP24 -003, THE
EUCALYPTUS BUSINESS PARK SPECIFIC PLAN, TO ESTABLISH THE LAND
USE DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND
INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF 2,939,000 SQUARE FEET OF BUSINESS PARK DEVELOPMENT, 10,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT AND APPROXIMATELY 37 ACRES OF OPEN SPACE/PARKLAND ON APPROXIMATELY 189 ACRES OF LAND, AND MAKING FINDINGS IN SUPPORT THEREOF —APNS: 1053-531-01, 1053-531-02, 1053-531-03, 1053-531-04, 1053-541-01, 1053-541-02, 1053-551-01, 1053-371-01, 1053-371-02, 1053-581-03, 1053-581-04, 0216-321-01, 0216-321-02, 0216-321-06, 0216-321-07, 0216-322-01, 0216-322-02 AND 0216-322-10.
PUBLIC HEARINGS
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Regular Meeting Minutes – July 7, 2026
15. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION APPROVING A
MITIGATED NEGATIVE DECLARATION IN ACCORD ANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND ADOPTING A
RELATED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
EUCLID AVENUE RECYCLED WATER SYSTEM PROJECT, AND APPROVING THE PROJECT; AWARD CONSTRUCTION CONTRACT TO ALL CITIES
ENGINEERING, INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC., AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH AKM CONSULTING ENGINEERS, INC., AND SMITH - EMERY LABORATORIES, INC., FOR THE EUCLID AVENUE RECYCLED WATER
SYSTEM PROJECT
The City Council took the following actions:
A. Conducted a public hearing on the Mitigated Negative Declaration in accordance with the California Environmental Quality Act and adopting a Related Mitigation Monitoring and Reporting Program for the Euclid Avenue Recycled Water System Project, and approved the project.
B. Adopted a Resolution approving a Mitigated Negative Declaration in accordance with the California Environmental Quality A ct and adopting a Related Mitigation Monitoring and Reporting Program for the Euclid Avenue Recycled Water System Project, and Approving the Project.
C. Approved the plans and specifications and award Contract No. UT1072 to All Cities Engineering, Inc., of Ri verside, California, for the construction of the Euclid Avenue Recycled Water System Project, in the amount of $11,778,501 plus a 15% contingency of $1,766,775, for a total not -to-exceed amount of $13,545,276, a term of 450 calendar days after issuance of notice to proceed, and authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, lot line adjustments, reduction of retention accounts , contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities to the project.
D. Authorized the City Manager, or his designee, to execute a Professional Services Agreement for construction engineering services with Ardurra Group, Inc., of Newport Beach, California, for a total not-to-exceed amount of $936,902 and a term from July 7, 2026 to December 31, 2029.
E. Authorized the City Manager, or his designee, to execute Amendment No. 3 to the On -Call Construction Management and Inspection Agreement with AKM Consulting Engineers, Inc., of Irvine, California, increasing the Agreement amount by $622,422 for a new total revised not -to-exceed amount of $2,875,952 and a term from June 4, 2024 through June 4, 2029.
F. Authorized the City Manager, or his designee, to execute Amendment No. 3 to the On-Call Geotechnical and Material Testing Services Agreement with Smith- Emery Laboratories, Inc., of Los Angeles, California, increasing the Agreement amount by $124,095 for a new total revised not-to-exceed amount of $584,260 and a term from May 2, 2023 through May 2, 2028.
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Regular Meeting Minutes – July 7, 2026
G. Rejected the bid protest from Norstar Plumbing & Engineering, Inc., against All Cities Engineering, Inc., and Big Ben Engineering as without merit.
RESOLUTION NO. 2026 -068 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, AS AMENDED, ADOPTING A RELATED MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE E UCLID AVENUE RECYCLED WATER SYSTEM PROJECT AND APPROVING THE PROJECT.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and called on the speaker, Chris Robles who spoke in opposition. Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Macias and carried by a vote of 5-0, to adopt Resolution No. 2026-068.
16. A RESOLUTION DECLARING CITY -OWNED PROPERTY LOCATED AT 801 S.
MOUNTAIN AVENUE (ASSESSOR'S PARCEL NO. 1011 -382-09) AND 1045 W.
MISSION BOULEVARD (ASSESSOR'S PARCEL NO. 1011 -382-65) AS EXEMPT
SURPLUS LAND FOR AFFORDABLE HOUSING DEVELOPMENT
The Housing Authority adopted a Resolution declaring the two properties located at 801 S. Mountain, identified with Assessor's Parcel No. 1011 -382-09 and 1045 W.
Mission Boulevard, identified with Assessor's Parcel No. 1011 -382-65, as Exempt Surplus Land pursuant to Government Code Section 54221 (f) (1)(F).
RESOLUTION NO. OHA-123 A RESOLUTION OF THE ONTARIO HOUSING
AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING A
HOUSING AUTHORITY -OWNED LAND TO BE EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(F).
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Chairman Leon opened the public hearing and inquired whether any person present wished to speak to the item. Hearing no one, Chairman Leon closed the public hearing and opened the item for discussion.
MOTION: Moved by Board Member Porada, seconded by Board Member Bowman and carried by a vote of 5-0, to adopt Resolution No. OHA-123.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
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Regular Meeting Minutes – July 7, 2026
17. AMENDMENT OF TO SECTION 4 -21.05 (A) ADMINISTRATIVE FINES, OF THE
ONTARIO MUNICIPAL CODE PERTAINING TO MANAGING THE CITY'S
RESPONSE TO FIREWORKS FEES AND FINES
The City Council amended Section 4-21.05(a) Administrative Fines of the Ontario Municipal code relating to fines for illegal use of fireworks, pyrotechnic devices, explosives, destructive devices or their components and establishing the amount of the fees and fines set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted Resolution of the City Council.
ORDINANCE NO. 3338 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING THE ADMINISTRATIVE FINES AS ESTABLISHED IN CHAPTER 21, TITLE 4,
SUBSECTION (A) OF THE ONTARIO MUNICIPAL CODE THAT PROHIBIT THE
POSSESSION, USE, STORAGE OR MANUFACTURE OF FIREWORKS,
PYROTECHNIC DEVICES, EXPLOSIVES, DESTRUCTIVE DEVICES OR THEIR
COMPONENTS AND ESTABLI SHING ADMINISTRATIVE FINES FOR
VIOLATIONS THEREOF.
There were no written communications or persons present who wished to speak to the item. Mayor Leon opened the item for Council discussion.
MOTION: Moved by Council Member Porada, seconded by Council Member Bowman, carried by a vote of 5-0, to introduce Ordinance No. 3338.
STAFF MATTERS
City Manager Ochoa had no updates.
COUNCIL MATTERS
Council Member Macias commented on the Independence Day Parade.
Council Member Bowman commented on the Independence Day Parade.
Mayor pro Tem Wapner made no comments.
Council Member Porada announced upcoming community events.
Mayor Leon inquired about cooling stations for the community and commented on the Independence Day Parade.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:07 p.m.
Respectfully submitted,
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Regular Meeting Minutes – July 7, 2026
____________________________________
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
25 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
JULY 21, 2026
(Not Official Until Approved)
(Not Official Until Approved)
(Not Official Until Approved)
JOINT MEETINGS
The regular meetings of the Ontario City Counci l and Housing Authority were held on Tuesday, July 21, 2026, at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:31 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman Debra Porada, and Daisy Macias
ABSENT: Council/Authority Members: None
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest reported.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Wapner.
INVOCATION
The invocation was led by Sr. Pastor Gresford Thomas from Ontario Seventh Day Adventist Church.
PUBLIC COMMENT
Mayor Leon called upon the speakers:
Matt Muson, spoke in opposition to sales tax increases.
Randy Bekendam, spoke on the concept of a “City of Compassion”.
Dale Roberts, thanked City Staff for I Street cleanup.
Daija Lopez, spoke regarding housing concerns.
Adriana Roda-Stewart, spoke regarding regenerative agriculture. 26 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
Chris Robles, spoke regarding transparency.
Tommy Mushegain, spoke regarding various topics.
Mayor pro Tem Wapner stepped out at 7:12 p.m. and returned to the dais at 7:14 p.m.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced updates to the Resolutions considered under Item No. 3 and Public Hearing Item Nos. 24 and 25, to reflect changes requested by San Bernardino County.
City Attorney Duran announced the Deputy City Manager classification will be assigned to executive salary group EX-1 with a monthly salary range of $16,890.00 to $22,462.00 and will receive the compensation and fringe benefits applicable to the Executive Management profile.
CONSENT CALENDAR
Public Comment:
Chris Robles, submitted a written comment in opposition to Item No. 23.
Mayor Leon called upon the speakers:
Chris Robles, spoke in opposition to Item Nos. 5 and 23.
Marty McBride, spoke in opposition to Item Nos. 5 and 23.
Alec Aragon, spoke in opposition to Item No. 5.
Joaquin Castillejos, spoke in opposition to Item Nos. 5 and 23.
Randy Bekendam, spoke in opposition to Item No. 23.
Claudia Cuevas, spoke in opposition to Item No. 23.
Tommy Mushegain, spoke in opposition to Item No. 8.
Luz Hernandez, spoke in opposition to Item No. 23.
MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a vote of 5-0, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Approved Minutes for the regular meetings of the City Council and Housing Authority of June 16, 2026, and approving same as on file in the Records Management Department.
2. BILL & PAYROLL
Approved Bills June 19, 2026 through July 2, 2026, in the amount of $51,632,857.16 and Payroll May 31, 2026 through June 13, 2026, in the amount of $6,179,715.12.
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Regular Meeting Minutes – July 21, 2026
3. RESOLUTIONS ESTABLISHING THE ANNUAL SPECIAL TAXES WITHIN
COMMUNITY FACILITIES DISTRICTS IN OLD MODEL COLONY AND ONTARIO RANCH FOR FISCAL YEAR 2026-27
The City Council adopted Resolutions establishing the annual special taxes within City of Ontario Community Facilities Districts in Old Model Colony and Ontario Ranch for Fiscal Year 2026-27.
RESOLUTION NO. 2026 -069 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 9 (EDENGLEN), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -070 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO
AIRPORT TOWERS), ESTABLISHING THE ANNUAL SERVICES SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -071 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13 (CALIFORNIA
COMMERCE CENTER - PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -072 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 19 (COUNTRYSIDE PHASE 1 - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -073 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 20 (WAL-MART), ESTABLISHING THE ANNUAL SERVICES SPECIAL TAX FOR FISCAL YEAR 2026-
27. RESOLUTION NO. 2026 -074 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ON TARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 21 (PARKSIDE), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -075 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 28 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
NO. 23 (PARK PLACE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -076 A RESOLUTION OF THE CIT Y COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 24 (PARK PLACE FACILITIES PHASE 1), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026-077 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 25 (PARK PLACE FACILITIES PHASE II), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -078 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 26 (PARK PLACE FACILITIES PHASE III), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -079 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 27 (NEW HAVEN SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -080 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 28 (NEW HAVEN FACILITIES - AREA A), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27
RESOLUTION NO. 2026 -081 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 30 (NEW HAVEN FACILITIES - AREA B), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -082 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORN IA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 31 (CARRIAGE HOUSE/AMBERLY LANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
29 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
RESOLUTION NO. 2026 -083 A RESOLUTION OF THE CITY COUNC IL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 32 (ARCHIBALD/SCHAEFER - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -084 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 33 (ARCHIBALD/SCHAEFER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -085 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 34 (COUNTRYSIDE PHASE 1 NORTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -086 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -087 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 37 (PARK & TURNER NE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -088 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACI TY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 38 (PARK & TURNER NE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -089 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARI O, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 39 (NEW HAVEN FACILITIES - AREA C), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -090 A RESOLUTION OF T HE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 30 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
NO. 40 (EMERALD PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026-091 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2016-27.
RESOLUTION NO. 2026 -092 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST HAVEN FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -093 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 43 (PARK PLACE FACILITIES PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -094 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 44 (ESPERANZA SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -095 A RESOLUTION OF THE CITY COUNC IL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 45 (NORTHPARK AND COUNTRYSIDE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -096 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 46 (AVENUE 176 FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -097 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 47 (COLONY COMMERCE CENTER WEST I SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
31 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
RESOLUTION NO. 2026 -098 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 48 (TEVELDE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -099 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 49 (AVENUE 176 SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -100 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 50 (WEST ONTARIO LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 51 (ONTARIO RANCH LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -103 A RESOLUTION OF T HE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 53 (TEVELDE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026-104 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 54 (ESPERANZA FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -105 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 32 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
NO. 55 (PARKLANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -106 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -107 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 57 (NEU HOUSE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -108 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 58 (COLONY COMMERCE CENTER EAST SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -109 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -110 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 60 (ONTARIO RANCH BUSINESS PARK SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -111 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ON TARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -112 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 62 (ONTARIO COMMERCE CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
33 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
RESOLUTION NO. 2026 -113 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -114 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -115 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER FA CILITIES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -116 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -117 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -118 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -119 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -120 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 34 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
NO. 73 (WILDFLOWERS ACRES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -121 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -122 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 (SPRINGHILL), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -123 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 76 (COMPASS POIN TE), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -124 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 77 (THE RESORT AT ONTARIO RANCH FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2026-27.
4. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF25 -002)
BETWEEN THE CITY OF ONTARIO AND THE RANCH AT MODEL COLONY, LLC FOR FACILITY CONSTRUCTION ASSOCIATED WITH TRACT MAP 20465 (FILE NO. PMTT23 -003), LOCATED AT THE SOUTHWEST CORNER OF HAMNER
AVENUE AND ONTARIO RANCH ROAD, WITHIN THE RICH HAVEN SPECIFIC PLAN
The City Council approved the Development Impact Fee Credit Agreement (File No.
PDIF25-002) between the City of Ontario and The Ranch At Model Colony, LLC for facility construction associated with Tract Map 20465 (File No. PMTT23 -003), located at the southwest corner of Hamner Avenue and Ontario Ranch Road, within the Rich Haven Speci fic Plan, and authorize d the City Manager to execute the Agreement.
35 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
5. A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF ONTARIO
LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The City Council adopted a Resolution approving the 2026 amendment to the “Local Guidelines for Implementing the California Environmental Quality Act for City of Ontario,” pursuant to the facts and reasons contained in the staff report and attached Resolution.
RESOLUTION NO. 2026 -125 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AMENDING AND ADOPTING LOCAL
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000, ET SEQ.)
6. A CONSTRUCTION CONTRACT WITH HARDY & HARPER, INC. AND A
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE CITY OF RANCHO CUCAMONGA FOR THE 2026 FALL PAVEMENT
REHABILITATION PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Construction Contract with Hardy & Harper, Inc., of Lake Forest, California, for the 2026 Fall Pavement Rehabilitation Project in the amount of $4,250,000, plus a 10% contingency of $425,000 for a total not -to-exceed contract amount of $4,675,000; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project, which may include, but is not limited to agreements, assessments, easements, reduction of ret ention accounts, contract amendments within authorization limits, and filing a notice of completion at the conclusion of all construction-related activities; and C. Authorized the City Manager, or his designee, to execute a Reimbursement Agreement between the City of Ontario and the City of Rancho Cucamonga for the Pavement Rehabilitation of Fourth Street from N. Wineville Avenue/Santa Anita Avenue to Etiwanda Avenue, estimated to cost $906,228.
7. A RESOLUTION DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY IS EXEMPT SURPLUS
LAND, AND FINDING THAT SUCH DECLARATION IS NOT A PROJECT SUBJECT
TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
The City Council adopted a Resolution declaring a portion of the property located near 315-325 West D Str eet identified with portions of Assessor ’s Parcel Numbers 1048-576-01 and 1048 -576-02 as described, approve the property as exempt surplus land, and finding that such declaration is not a project subject environmental review under the California Environmental Quality Act (CEQA).
36 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
RESOLUTION NO. 2026 -126 A RESOLUTION OF THE CITY COUNCIL OF CITY
OF ONTARIO, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED NEAR 315-325 WEST D STREET (PORTIONS OF APNS 1048-576-01 AND 1048-576-02)
IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH DECLARATION IS NOT
A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
8. A PROFESSIONAL SERVICES AGREEMENT WITH T&B PLANNING FOR THE
PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR) FOR THE PROPOSED ONTARIO SPORTS EMPIRE PLANNED UNIT
DEVELOPMENT (PUD)
The City Council authorized the City Manager to execute a Professional Services Agreement with T&B Planning Associates, Inc., of Irvine, California, in the amount of $577,962, plus a 10% contingency of $57,790 for a total authorized expenditure of $635,752 to prepare a Supplemental Environmental Impact Report (SEIR) for the Ontario Sports Empire Planned Unit Development (PUD).
9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
PURESOUND PRODUCTIONS FOR AUDIO, VISUAL, AND LIGHTING SERVICES
The City Council authorize d the City Manager, or his designee, to execute Amendment No. 4 to the Profe ssional Services Agreement with Puresound Productions in the amount of $160,000 for a total not -to-exceed contract amount of $480,000 and extend the contract term to June 30, 2027.
10. A RESOLUTION ADOPTING THE ONTARIO HOUSING TRUST FUND
GUIDELINES
The City Counci l adopted a Resolution approving the Ontario Housing Trust Fund (OHTF) guidelines.
RESOLUTION NO. 2026 -127 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING THE ONTARIO HOUSING TRUST FUND GUIDELINES.
11. APPROVAL OF OWNERSHIP TRANSFER AND AMENDMENTS TO THE
SUBORDINATE LOAN TERMS AND AFFORDABILITY RESTRICTIONS FOR THE CITY CENTER SENIOR APARTMENTS, LOCATED AT 280 NORTH LEMON AVENUE
The City Council took the following actions:
A. Approved the Assignment and Assumption and First Amendment to the Development, Restrictive Covenant, and Density Bonus Agreement; 37 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
B. Approved the extension of affordability restrictions for the City Center Senior Apartments to a new 99-year term; and
C. Authorized the City Manager or his designee to execute all related documents to effectuate the Amendment.
The Ontario Housing Authority took the following actions:
A. Approved the Assignment and Assumption and Amendment to the Subordinate Loan Note and Disposition and Development Agreement, including:
a. Reduction of the residual receipts' payment requirement from 85% to 65%; b. Removal of the purchase option provision; and
c. Waiver of the transfer repayment provision associated with the sale of the General Partnered interested.
B. Approved the extension of the affordability restriction for the City Center Senior Apartment to a new 99-year term; and
C. Authorized the Executive Director to execute all related documents to effectuate the amendments.
12. A PROFESSIONAL SERVICES AGREEMENT FOR HOMELE SS SERVICES
BETWEEN THE CITY OF ONTARIO AND SYMBA CENTER AT THE ONTARIO
WELLNESS CAMPUS
The City Council took the following actions:
A. Approved a Professional Services Agreement with Symba Center, a non-profit organization based in Victorville, California, to provide homeless services at 1522 West Mission Boulevard. The agreement includes an initial term from August 1, 2026, through June 30, 2027, with an annual not-to-exceed amount of $2,134,010 and a total contract value of $6,402,030, inclusive of the initial term and up to 2 one-year extension options;
B. Authorized the City Manager to approve up to two additional one -year extensions; and
C. Authorized the City Manager or his designee to execute the Agreement and take all actions necessary to implement them.
13. A CONSTRUCTION CONTRACT WITH CJ CO NCRETE CONSTRUCTION, INC.
FOR AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP
CONSTRUCTION SERVICES
The City Council authorized the City Manager, or his designee, to execute a Construction Contract with CJ Concrete Construction, Inc., of Santa Fe Springs, California, for Americans with Disabilities Act (ADA) concrete ramp construction services for a total not-to-exceed contract amount of $175,000 over a one-year term.
38 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
14. A RENEWAL ORDER FORM WITH CENTURYLINK COMMUNICATIONS, LLC
FOR ONTARIONET INTERNET BACKHAUL SERVICES
The City Council authorized the City Manager, or his designee, to execute a Renewal Order Form with CenturyLink Communications, LLC, doing business as Lumen Technologies Group, of Louisiana, under the existing Master Services Agreement, for continued internet backhaul services for t he OntarioNet network for a new 36 - month term, in an amount not to exceed $422,873, plus a 15% contingency of $63,431, for a total not-to-exceed contract amount of $486,304.
15. A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND EASTER SEALS SOUTHERN CALIFORNIA INC.
The City Council approved a Purchase and Sale Agreement ("Agreement") and authorized the City Manager, or his designee, to execute and implement any and all contracts, agreements, and other documents required to effectuate the Agreement.
16. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AND
AUDIO-VISUAL SYSTEM EQUIPMENT WITH INFO-COM BUSINESS PRODUCTS AND KEYCODE MEDIA, INC. FOR THE FIRE ADMINISTRATION BUILDING
PROJECT
The City Council took the following actions:
A. Authorized a cooperative purchase agreement for D&C21 -001A Fire Administration Building with Margaret C. Pett, Inc. DBA Info -Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $1,947,856 plus a 10% contingency of $194,786, for a total not -to-exceed contract amount of $2,142,642, consistent with the terms and conditions of the OMNIA Region 14 ESC – TXS Contract Number 07-97; and
B. Authorized a cooperative purchase agreement for D&C21 -001A Fire Administration Building with KeyCode Media, Inc., of Burbank, California, for the purchase and installation of audio -visual (AV) system equipment in the amount of $570,052 plus a 10% contingency of $57,006 for a total not -to- exceed contract amount of $627,058 consistent with the terms and conditions of the OMNIA Region 4 ESC – TX R250407; and
C. Authorized 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, as sessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.
39 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
17. A CONSTRUCTION CONTRACT WITH G.M. SAGER CONSTRUCTION CO, INC.,
FOR ON-CALL/EMERGENCY UTILITY TRENCH PAVING
The City Council authorized the City Manager, or designee, to execute a one -year Construction Contract with G.M. Sager Construction Co, Inc., located in Pomona, California, for on -call utility trench re pairs at various locations in the amount of $600,000 from July 21, 2026 to June 30, 2027, with the option to extend the contract for up to four successive one -year periods for a total not -to-exceed amount of $3,315,378.
18. A CONSTRUCTION CONTRACT WITH DOWNING CONSTRUCTION, INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC., AND
AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH Z&K CONSULTANTS, INC. AND TWINING, INC., FOR THE WESTERN TRUNK SEWER
INTERIM DIVERSION PROJECT
The City Council took the following actions:
A. Approved the plans and specifications and award Contract No. UT1097 to Downing Construction, Inc., of Calimesa, California, for the construction of the Western Trunk Sewer Interim Diversion Project, in the amount of $2,314,676 plus a 15% contingency of $347,202, for a total not -to-exceed amount of $2,661,878, a term of 150 calendar days after issuance of a notice to proceed and authorized the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.
B. Authorized the City Manager, or his designee, to execute a Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, for a total not -to-exceed amount of $131,765 for Construction Engineering Services and a term from July 21, 2026, to December 31, 2029.
C. Authorized the City Manager, or his designee, to execute Amendment No. 2 to the On -Call Construction Management and Inspection Agreement with Z&K Consultants, Inc., of Riverside, California, increasing the Agreement amount by $270,516 for a revised new total not -to-exceed amount of $1,028,642 and extending the term of the Agreement from June 4, 2024 to May 31, 2029.
D. Authorized the City Manager, or his designee, to execute Amendment No. 3 to the On -Call Geotechnical and Material Testing Services Agreement with Twining, Inc., of Long Beach, California, increasing the Agreement amount by $47,796 for a revised new total not-to-exceed amount of $386,632 and a term from May 2, 2023 to April 30, 2028.
19. ACCEPTANCE OF GRANT FROM CALIFORN IA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2026 -27 IN THE AMOUNT OF $389,811.
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accept the 12 -month grant in the amount of $389,8 11. 40 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
20. AWARD OF PROFESSIONAL SERVICE AGREEMENTS TO ATKINSON,
ANDELSON, LOYA, RUUD & ROMO, BURKE, WILLIAMS & SORENSEN, LLP ,
AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES, CONSULTING,
AND TRAINING
The City Council authorized the City Manager, or his designee, to execute a three - year Professional Services Agreement with three law firms specializing in human resources legal services, consulting, and training. The combined total for the three Agreements shall not exce ed $1,800,000 over the initial three -year term. The City may extend each Agreement for up to two additional one-year terms, with a combined annual not-to-exceed amount of $600,000 for all three firms. The total not-to-exceed contract authority, including all optional extensions, shall be $3,000,000.
21. ADOPTION OF AN ORDINANCE AMENDING SECTION 4 -21.05 (A)
ADMINISTRATIVE FINES, OF THE ONTARIO MUNICIPAL CODE PERTAINING TO
MANAGING THE CITY'S RESPONSE TO FIREWORKS FEES AND FINES
The City Council adopted an Ordinance amending Section 4-21.05(a) Administrative Fines of the Ontario Municipal code relating to fines for illegal use of fireworks, pyrotechnic devices, explosives, destructive devices or their components and establishing the amount of the fees and fines set forth in this section shall be specified in the City Fee Schedule, which may only be revised by a duly-adopted resolution of the City Council. Introduction and first reading took place at the regular meeting of July 7, 2026.
ORDINANCE NO. 3338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, AMENDING THE ADMINISTRATIVE FINES AS ESTABLISHED IN CHAPTER 21, TITLE 4, SUBSECTION (A) OF THE ONTARIO
MUNICIPAL CODE THAT PROHIBIT THE POSSESSION, USE, STORAGE OR
MANUFACTURE OF FIREWORKS, PYROTECHNIC DEVICES, EXPLOSIVES,
DESTRUCTIVE DEVICES OR THEIR COMPONENTS AND ESTABLISHING ADMINISTRATIVE FINES FOR VIOLATIONS THEREOF.
22. APPROVAL OF ONE-YEAR MEMORANDUMS OF UNDERSTANDING BETWEEN
THE CITY OF ONTARIO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 3061; ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES; AND AMENDMENTS TO THE
COMPENSATION AND BENEFITS PROFILES FOR CONFIDENTIAL /
SPECIALIZED CONFIDENTIAL / CONFIDENTIAL MANAGEMENT EMPLOYEES,
DEPARTMENT HEAD EMPLOYEES, AND EXE CUTIVE MANAGEMENT
EMPLOYEES; AND AUTHORIZATION FOR THE CITY MANAGER TO MAKE
NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY FOR
IMPLEMENTATION.
The City Council authorized the City Manager to complete the following:
41 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
A. Approved a one-year Memorandum of Understanding (MOU) regarding wages, hours, and other terms and conditions of employment with American Federation of State, County, and Municipal Employees Local 3061 (AFSCME) for the term of July 1, 2026, through June 30, 2027;
B. Approved a one -year MOU regardin g wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees (AOME) for the term of July 1, 2026, through June 30, 2027; C. Approved amendments to the Compensation and Benefits Profiles for Confidential / S pecialized Confidential / Confidential Employees; Department Head Employees; and Executive Management Employees effective July 1, 2026;
D. Modified Paid Parental Leave to Paid Family Care Leave and expand its use to include reproductive loss and bereavement; and
E. Authorized the City Manager to make non -substantive revisions that may be necessary to implement the MOUs and Compensation and Benefits Profiles.
23. A PROFESSIONAL SERVICES AGREEMENT WITH CBRE, INC. FOR REAL ESTATE BROKERAGE SERVICES RELATED TO THE DISPOSITION OF 73.19 ACRES
The City Council authorized the City Manager or his designee to negotiate and execute a Professional Services Agreement in the amount of $300,000 with CBRE, Inc. for real estate brokerage and advisory services related to the disposition of approximately 73.19 acres of property located at the southwest corner of Eucalyptus Avenue and Bon View Avenue.
PUBLIC HEARINGS
24. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2026-27
The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:
A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and
C. Adopted a Resolution confirming the diagram and assessment and providin g for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.
RESOLUTION NO. 2026 -128 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS 42 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -129 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAMS AND
ASSESSMENTS, AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026 -130 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDI NG FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR FISCAL YEAR 2026-27.
City Manager Ochoa reiterated amendments to the Resolutions as requested by San Bernardino County, including the addition of Exhibit B.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether any person present wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Macias and carried by a vote of 5-0, to adopt Resolution No s. 2026-128, 2026-129, and 2026 - 130.
25. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2026-27
The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2, and:
A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.
RESOLUTION NO. 2026-131 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS
FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2 FOR FISCAL YEAR 2026-27. 43 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
RESOLUTION NO. 2026-132 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2026-27.
RESOLUTION NO. 2026-133 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND
ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2026-27.
City Manager Ochoa reiterated amendments to the Resolutions as requested by San Bernardino County, including the addition of Exhibit B.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired whether any person present wished to speak to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for discussion.
MOTION: Moved by Council Member Bowman , seconded by Council Member Macias and carried by a vote of 5 -0, to adopt Resolution No s. 2026-131, 2026-132, and 2026 - 133.
26. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA26-002 REVISING AND CLARIFYING CERTAIN PROVISIONS OF
THE CITY OF ONTARIO DEVELOPMENT CODE PURSUANT TO AN EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council introduced and waived further reading of an Ordinance approving File No. PDCA26 -002, a Developme nt Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code.
ORDINANCE NO. 3339 (FIRST READING ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PDCA26-002, A DEVELOPMENT CODE AMENDMENT REVISING AND
CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND
8.0 (SIGN REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE
PURSUANT TO AN EXEMPTION UNDER THE CALI FORNIA ENVIRONMENTAL QUALITY ACT, AND MAKING FINDINGS IN SUPPORT THEREOF.
44 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and called on the speakers:
Chris Robles, spoke in opposition.
Alec Aragon, spoke in opposition.
Mayor Leon inquired whether any other person present wished to speak to the item.
Hearing no one, Mayor Leon closed the public hearing and opened the item for discussion.
MOTION: Moved by Council Member Bowman , seconded by Mayor pro Tem Wapner, carried by a vote of 5-0, to introduce Ordinance No. 3339.
27. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY
FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 NORTH EUCLID AVENUE
The City Council took the following actions:
A. Adopted a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to Ontario Ranch Hotels LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
B. Authorized the City Manager, or his designee, to execute such further documents and take such actions as may be necessary or desirable to carry out the intent of the Loan Agreement.
RESOLUTION NO. 2026 -134 A RESOLUTIO N OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PURSUANT TO CATEGORICAL
EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR THE
ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 N ORTH EUCLID AVENUE IN THE CITY OF
ONTARIO, COUNTY OF SAN BERNARDINO, CALIFORNIA AND MORE
PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 1048 -363-01, FOR THE ONTARIO DOWNTOWN PUBLIC PARKING PROJECT, IN ONTARIO, CALIFORNIA.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There w ere written communications from Chris Peterson, representing Faisal Afsari, and Faisal Afsari in opposition.
Mayor Leon opened th e public hearing , Executive Director of Economic Development Jennifer McLain Hiramoto explained the nature and scope of the property acquisition, Legal Counsel Mark Easter reviewed the findings and described the eminent domain process.
Mayor Leon inquired whether any person present wished to speak to the item. 45 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
Hearing no one, Mayor Leon closed the public hearing and opened the item for discussion.
MOTION: Moved by Council Member Porada , seconded by Council Member Bowman, carried by a vote of 5-0, to adopt Resolution No. 2026-134.
28. A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF
ONTARIO AND ONTARIO RANCH HOTELS, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
The City Council took the following actions:
A. Adopted a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to Ontario Ranch Hotels LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
B. Authorized the City Manager, or his designee, to execute such further documents and take such actions as may be necessary or desirable to carry out the intent of the Loan Agreement.
RESOLUTION NO. 2026 -135 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF A LOAN AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO
AND ONTARIO RANCH HOTELS LLC AND ACCEPTING THE ECONOMI C
DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and called on the speakers:
Chris Robles, spoke in opposition.
Alec Aragon, spoke in opposition.
Mayor Leon inquired whether any other person present wished to speak to the item.
Hearing no one, Mayor Leon closed the public hearing and opened the item for discussion. City Manager Ochoa provided additional background information.
MOTION: Moved by Council Member Porada , seconded by Council Member Macias, carried by a vote of 5-0, to adopt Resolution No. 2026-135.
STAFF MATTERS
City Manager Ochoa had no updates.
COUNCIL MATTERS
46 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 21, 2026
Council Member Macias made no comments.
Council Member Bowman thanked the public for their participation.
Council Member Porada announced National Night Out.
Mayor pro Tem Wapner provided an update on the West Valley Connector project on Holt Boulevard.
Mayor Leon commented on services for residents.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:47 p.m.
Respectfully submitted,
____________________________________
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
47 Department: Public Works
Prepared By: Leonard Lui
Department: Public Works
Prepared By: Tricia Maruki
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:
AN AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH THE CITY OF
RANCHO CUCAMONGA FOR THE PAVEMENT RESURFACING OF VINEYARD
AVENUE AT THE EIGHTH STREET INTERSECTION PROJECT
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 1 to the Reimbursement Agreement with the City of Rancho Cucamonga for the Pavement Resurfacing of Vineyard Avenue and Eighth Street Intersection Project in the amount of $187,634 plus a ten percent (10%) engineering fee of $18,764, and a survey cost of $5,240 for a total of $211,638, and authorize the City Manager, or his designee, to execute future amendments within the authorization limits.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
The total recommended expenditure authorization consists of $187,634 plus a ten percent (10%) contingency of $18,764 and a survey cost of $5,240 for a total of $211,638 for the Pavement Resurfacing of Vineyard Avenue and Eighth Street Intersection Project in the RMRA-SB1 and Measure I funds. If approved, additional appropriations will be included in future quarterly budget updates to the City Council as needed.
BACKGROUND & ANALYSIS:
The Vineyard Avenue and Eighth Street intersection lies partially within the City of Ontario and partially in the City of Rancho Cucamonga (see Exhibit "A"). To facilitate pavement rehabilitation of the entire intersection, Ontario has entered into a reimbursement agreement with the City of Rancho Cucamonga, which will act as the lead agency on this project. The scope of the project includes pavement rehabilitation, curb ramp replacement, pedestrian push button installation, and adjustment of water valves and manholes. The original 48 agreement was approved by Council on September 2, 2025, with a not-to-exceed amount of $180,000. Construction bids received on May 19, 2026 by the City of Rancho Cucamonga exceeded the original project cost estimate, necessitating this amendment and budget adjustment. If approved, the City of Ontario agrees to reimburse the City of Rancho Cucamonga for the survey costs and construction costs related to improvements on the southerly portion of the intersection within the City of Ontario right-of-way, plus a 10% fee for engineering, project management and inspection costs, for a revised total cost of $211,638. 49
AMENDMENT NO. 1 TO
REIMBURSEMENT AGREEMENT
BETWEEN
CITY OF RANCHO CUCAMONGA
AND
CITY OF ONTARIO
FOR
PAVEMENT RESURFACING OF VINEYARD AVENUE FROM THE SOUTH
HALF OF THE EIGHTH STREET INTERSECTION
This Amendment No. 1 to the Reimbursement Agreement referenced above (referred to herein as “Amendment No. 1”) is made and entered into by and between the City of Rancho Cucamonga, a California municipal corporation (hereinafter referred to as “RANCHO CUCAMONGA”), and the City of Ontario, a California municipal corporation (hereinafter referred to as “ONTARIO”). RANCHO CUCAMONGA and ONTARIO may be referred to individually as a “PARTY” and collectively as “PARTIES” in this AMENDMENT. Capitalized terms herein shall have those meanings set forth in the Reimbursement Agreement, unless provided otherwise.
WHEREAS, RANCHO CUCAMONGA and ONTARIO executed the
Reimbursement Agreement (“Agreement”) in December 2025 whereby the PARTIES agreed to share the costs of the above referenced pavement resurfacing project (“Project”) as set forth in the Agreement; and
WHEREAS, the Agreement requires ONTARIO to reimburse RANCHO CUCAMONGA for One Hundred Percent (100%) of “ONTARIO’S COSTS ” that are incurred by RANCHO CUCAMONGA for the Project, which includes ten percent (10%) of the total cost as ONTARIO’S share of the ENGINEERING & PROJECT MANAGEMENT COSTS; and
WHEREAS, based on bids received, the total Project construction cost has increased by $35,153.36; and
WHEREAS, this Amendment No. 1 is intended to revise Attachment “A” to the Agreement, by replacing the same with revised Attachment “A” attached hereto and incorporated by reference, in order to set forth the new total Project cost of $211,636.96 , and to revise the estimated Project construction and completion dates .
50
NOW, THEREFORE, the Parties agree as follows:
Section 1. Section III. 2 of the Agreement is hereby amended to read as follows:
“2. ONTARIO’S financial responsibility for the PROJECT (ONTARIO’S COSTS and ENGINEERING & PROJECT MANAGEMENT COSTS) shall not exceed One Hundred Percent (100%) of the estimated costs set forth in Attachment “A,” plus Ten Percent (10%) for the ENGINEERING & PROJECT MANAGEMENT COSTS. According to current cost estimates, the reimbursement is estimated to be Two Hundred Eleven Thousand Six Hundred Thirty-Six Dollars and Ninety-Six Cents ($211,636.96) as demonstrated in Attachment “A”; however the actual costs of the items listed in Attachment “A,” and ONTARIO’S share of those costs, upon completion of the project may be different . The final costs for all eligible PROJECT expenses set forth in Attachment “A” shall be used to set the final amount of reimbursement. In the event ONTARIO’S COSTS and/or ENGINEERING & PROJECT MANAGEMENT COSTS exceed the amounts identified in Attachment “A,” RANCHO CUCAMONGA shall inform ONTARIO in writing of the excess costs, accompanied by supporting evidence, and thereafter the PARTIES shall work together in an attempt to agree upon an amendment to the amounts identified in Attachment “A.” In no event, ho wever, will ONTARIO be responsible for COSTS and/or ENGINEERING & PROJECT MANAGEMENT COSTS in excess of Two Hundred Eleven Thousand Six Hundred Thirty -Six Dollars and Ninety-Six Cents ($211,636.96) absent a written amendment approved by both PARTIES.”
Section 2. Section III. 11 of the Agreement is hereby amended to read as follows:
“11. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon actual delivery, if delivery is personally made; or (b) upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), fax or private courier including overnight delivery services. Notice shall be sent to the respective PARTY at the address indicated below or to a ny other address as a PARTY may designate from time to time by a notice given in accordance with this paragraph.
If to RANCHO
CUCAMONGA: Jason C. Welday, City Engineer
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729-0807
(909) 477-2700
If to ONTARIO: Khoi Do, City Engineer
303 East B Street
Ontario, CA 91764
(909) 395-2010”
51
Section 3. Attachment A to the Agreement is replaced in its entirety with the revised Attachment A attached to this Amendment No. 1.
Section 4. Except as otherwise provided in this Amendment No. 1, all other terms and conditions of the Agreement shall remain in full force and effect.
Section 5. This Amendment No. 1 is effective upon execution by PARTIES.
Section 6. 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” or “Contract” appears in the Agr eement, it shall mean the Agreement as amended by this Amendment No. 1.
Section 7. 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.
Section 8. 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.
Section 9. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[Signature Page on Following Page]
52
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT BETWEEN
CITY OF ONTARIO
AND
CITY OF RANCHO CUCAMONGA
FOR
PAVEMENT RESURFACING OF VINEYARD AVENUE AT THE EIGHTH
STREET INTERSECTION
IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT below.
CITY OF ONTARIO CITY OF RANCHO CUCAMONGA
By: ___________________________
Khoi Do
City Engineer
By: ___________________________
Jason C. Welday
City Engineer
Dated: ___________________________ Dated: ___________________________
APPROVED AS TO FORM:
By: ___________________________
Best, Best & Krieger, LLP
City Attorney
APPROVED AS TO FORM:
By: ___________________________
Nick Ghirelli
City Attorney
53 Attachment A
Pavement Rehabilitation of Vineyard Avenue at the Eighth Street Intersection
Project Scope, Projected Cost, and Schedule
Proposed Project Work
Vineyard Avenue at the Eighth Street intersection is to be resurfaced as part of the City of Rancho Cucamonga 2026 Spring Pavement Rehabilitation Project. This project includes full depth grind of old failing asphalt, placement of asphalt hot mix pavement for base course with a rubberized asphalt pavement for the cap, upgrading curb ramps, sidewalk repairs, and new striping. The Ontario portion of costs are described below.
Summary of Project Costs (Estimate)
Proposed Project Schedule (milestone delivery dates)
Estimated construction start date: August 2026
Estimated completion date: March 2027
54 Exhibit " A"
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1755
Department: Public Works
Prepared By: Jaime Maciel-Carrera
Department: Public Works
Prepared By: Jay Bautista
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:
A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council a
uthorize the City Manager, or designee, to execute a
three-year Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide construction management and inspection services for a contract amount of $800,000 per year for a total not-to-exceed contract amount of $2,400,000.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
The Fiscal Year 2026-27 Adopted Budget includes appropriations in the General Fund for construction management and inspection services. Funding for this agreement will be supplemented by revenue received for fees collected from applicants for inspection services on an as-needed basis. The proposed Professional Services Agreement with Ardurra Group, Inc. is for a contract amount of $800,000 per year for a total not-to-exceed contract amount of $2,400,000.
BACKGROUND & ANALYSIS:
Due to the volume of development and utility permits anticipated and the unpredictable timing of construction, consultant inspection services are required on an as- needed basis to supplement the City’s in-house inspection Staff. This allows the City to maintain the schedule commitments to support development-related construction activities and to ensure that construction progresses in compliance with City requirements and approved plans and specifications. The City currently utilizes two (2) full-time and one (1) part time on-call inspector to meet the inspection demands associated with land development and capital improvement projects to ensure the timely delivery of these projects. Currently, there are several construction projects that exceed the capacity of our full-time Staff. The City intends to continue supplementing its 56 inspection Staff with on-call inspectors as needed.
It is anticipated that these services will be utilized on the San Bernardino County Transportation Authority West Valley Connector Project, and upcoming Capital Improvement Projects, such as the Fourth Street Storm Drain, Sixth Street Roadway Improvements, Campus Avenue Storm Drain, Turner Avenue Storm Drain,
and will be included in future task orders or amendments to this contract.
On May 5, 2026, the City received 19 qualified proposals in response to Request for Proposals (RFP) Invitation No. 1987 for
on-call construction management and inspection services .
The proposal and interview scores are listed below:
VENDOR
LOCATION
PROPOSAL/INTERVIEW SCORE
Ardurra Group, Inc.
Newport Beach, CA
123
Accenture Infrastructure and
Capital Projects, LLC
Irvine, CA
119
Transtech Engineers, Inc.
Chino, CA
117
Kleinfelder Construction
Services, Inc.
San Diego, CA
116
FCG Consultants, Inc.
Yorba Linda, CA
106
Psomas
Riverside, CA
66 TKE Engineering, Inc.
Riverside, CA
66 Z&K Consultants, Inc.
Riverside, CA
63 Albert A. Webb Associates
Riverside, CA
61 Bureau Veritas
Sacramento, CA
60 DCCM Infrastructure, Inc.
Riverside, CA
59 H.W. Lochner
Ontario, CA
59 CREDE Construction Advisory,
LLC
Irvine, CA
53 EXP US Services, Inc.
Riverside, CA
53 C2PM
Los Angeles, CA
52 Construction Quality
Management Solutions, Inc.
Irvine, CA
40 KDG Construction Consulting
Glendale, CA
37 Cumming Management Group,
Inc.
Murrieta, CA
33 Cooperative LA
Pasadena, CA
18 A review team consisting of Engineering Department Staff reviewed the proposals, scored the candidates, and made their recommendations based upon qualifications, understanding of the City’s needs, history of completing similar projects, and criteria specified in the RFP. 57 Of the 19 consultants, the following five scored the highest and were selected to participate in interviews on May 20 and 21, 2026:
Accenture Infrastructure and Capital Projects, LLC, Ardurra Group, Inc., FCG Consultants Inc., Kleinfelder Construction Services, Inc., and Transtech Engineers, Inc.
After careful evaluation of the written proposals and interviews, Accenture Infrastructure and
Capital Projects, LLC, Ardurra Group, Inc., and Transtech Engineers, Inc. were determined to be the
best overall qualified respondents for pre-selection. The firms demonstrated a broad range of expertise through the successful delivery of similar projects and inspection services for nearby municipal agencies, as well as strong technical proficiency, a proactive approach to risk management, and extensive familiarity with small and large-scale Capital Improvement Projects.
The pre-selection of three firms provides a cost-effective option and ensures that sufficient resources are available for projects and task orders as they may arise. The selection of a firm for specific tasks or projects will be based on best value, specialized expertise and availability to meet the City’s timelines.
Funds shall only be encumbered for each consultant when the City has an assigned project for said consultant, at which time a purchase order for said project will be opened and the dollar amount will be based on the consultant's proposal for the services to be rendered.
Additionally, funding for construction management services is included in the approved Capital Improvement Project budgets as approved by the City Council.
The City is awarding the first contract to Ardurra Group, Inc. based on the RFP evaluation results.
Future proposals may be requested from all 3 shortlisted/pre-qualified consultants: Ardurra Group, Inc., Transtech Engineers, Inc. and Accenture Infrastructure and Capital Projects, LLC. Contracts for those task orders will be brought to Council at that time.
58 BB&K (2024) 1 AGREEMENT FOR PROFESSIONAL SERVICES
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PAUL S. LEON
MAYOR
ALAN D. WAPNER
MAYOR PRO TEM
JIM W. BOWMAN
DEBRA PORADA
DAISY MACIAS
COUNCIL MEMBERS
SHEILA MAUTZ
CITY CLERK
JAMES R. MILHISER
CITY TREASURER
SCOTT OCHOA
CITY MANAGER
CITY OF ONTARIO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Ardurra Group, Inc., a Corporation, with its principal place of business at 1000 N.W. 57th Court, Suite 800 Miami, Florida 33126 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Construction Management and Inspection services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional services for the On-Call Construction Management and Inspection project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
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 construction management and inspection consulting 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. 59 BB&K (202 4) 2 AGREEMENT FOR PROFESSIONAL SERVICES
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3.1.2 Term. The term of this Agreement shall be fr om August 18, 2026 to August 18, 2029 , unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically f or no more than two additional one-year terms.
Consultant shall complete the Services within the t erm of this Agreement, and shall meet any other established schedules and deadlines. The Parties ma y, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Compensation.
3.2.1 Compensation. Consultant shall receive compe nsation, including authorized reimbursements, for all Services rendered under thi s Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by referenc e. The total compensation shall not exceed TWO MILLION FOUR HUNDRED THOUSAND ($2,400,000.00 ) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Consultant shall su bmit to City a monthly invoice which indicates work completed and hours of Service s rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 da ys of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall g ive written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set f orth therein. Payment shall not constitute accepta nce of any Services completed by Consultant. The makin g of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.2.4 Extra Work. At any time during the term of t his Agreement, City may request that Consultant perform Extra Work. As used herein, "Ex tra Work" means any work which is determined by City to be necessary for the proper completion of t he Project, but which the Parties did not reasonabl y anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice o r under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed u pon by both Parties in writing. Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposi ts funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited o r to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial i nstitution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled. 60 BB&K (2024) 3 AGREEMENT FOR PROFESSIONAL SERVICES
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3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant 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. Consultant 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. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant 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 Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Dino P. D’Emilia, P.E., F.ASCE, QSD, California Public Works Practice Director, and Omar Alameddine, EIT, Contract Manager
3.3.5 City's Representative. The City hereby designates Khoi Do, P.E., City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates Dino P. D’Emilia, P.E., F.ASCE, QSD, California Public Works Practice Director, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her 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.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the 61 BB&K (2024) 4 AGREEMENT FOR PROFESSIONAL SERVICES
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performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant 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.
Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants 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 Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.9 Period of Performance.
3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.3.9.2 Neither City nor Consultant 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 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 Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
3.3.9.3 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 Consultant to any additional compensation. Notwithstanding the foregoing 62 BB&K (2024) 5 AGREEMENT FOR PROFESSIONAL SERVICES
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in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.10 Laws and Regulations; Employee/Labor Certification.
3.3.10.1 Compliance with Laws. Consultant 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. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies 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.
3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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. Consultant 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.
3.3.10.4 Air Quality. To the extent applicable, Consultant 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 South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 63 BB&K (2024) 6 AGREEMENT FOR PROFESSIONAL SERVICES
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3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant 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.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
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(E) If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:
Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non- payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 65 BB&K (2024) 8 AGREEMENT FOR PROFESSIONAL SERVICES
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3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant 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.
3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 66 BB&K (2024) 9 AGREEMENT FOR PROFESSIONAL SERVICES
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(D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant 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 an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant 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 Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and 67 BB&K (2024) 10 AGREEMENT FOR PROFESSIONAL SERVICES
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all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.
3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant 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 DIR against Consultant or any subconsultant.
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.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant 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.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 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 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's 68 BB&K (2024) 11 AGREEMENT FOR PROFESSIONAL SERVICES
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obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.7 General Provisions.
3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant 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. Consultant 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 Consultants. Consultant 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 Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant 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. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant 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. Consultant 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 Consultant to use a Subcontractor, Consultant 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:
Consultant: Ardurra Group, Inc.
1000 N.W. 57th Court, Suite 800
Miami, Florida 33126
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ATTN: Dino P. D’Emilia, P.E., F.ASCE, QSD, California Public Works Practice Director
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Khoi Do, P.E., City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Ownership of Materials and Confidentiality.
3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such 70 BB&K (2024) 13 AGREEMENT FOR PROFESSIONAL SERVICES
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other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
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3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue 72 BB&K (2024) 15 AGREEMENT FOR PROFESSIONAL SERVICES
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in full force and effect.
3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.
SIGNATURES ON NEXT PAGE
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ONTARIO AND
ARDURRA GROUP , INC.
IN WITNESS WHEREOF , each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF ONTARIO ARDURRA GROUP, INC.
By:
Its: CA Sector Growth Director
Printed Name: Carmen C. Kasner P .E.
By:
Its: Chief Financial OƯicer
Printed Name: Randy Dumas
Approved By:
Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
75 May 5, 2026
CITY OF ONTARIOCITY OF ONTARIO
PROPOSAL FORPROPOSAL FOR
On-Call COnstru CtiOn
Manage Ment and inspe CtiOn
servi Ces
Notice #1987
TECHNICAL PROPOSAL
76 (1)
EXECUTIVE SUMMARY
77 Ardurra Group, Inc. | 3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | 949.428.1 500 | www.ardurra.com 1 ExEcutivE Summary1
May 5, 2026
City of Ontario – Records Management Department
303 East “B” Street
Ontario, CA 9 1 764-4 1 96
RE: ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES (RFP #1 987)
Dear City of Ontario – Records Management Department and Selection Panel Members:
Ardurra Group, Inc. (Ardurra) is uniquely positioned to continue supporting the City of Ontario’s On-Call Construction Management and Inspection Services contract—not just as a qualified consultant, but as a trusted partner with a proven track record serving the City over the past five years. Our team brings not only technical expertise, but also an established understanding of the City’s processes, standards, and expectations, allowing us to deliver immediate value without a learning curve.
A TEAM BUILT ON EXPERIENCE WITH THE CITY OF ONTARIO . At the core of our approach is a dedicated and experienced team that is already embedded in the City’s workflow and culture. Led by Contract Manager, Omar Alameddine, EIT, our staff includes seasoned construction managers, inspectors, and geotechnical/materials specialists who have directly supported the City’s projects. At Ardurra, we embrace ownership of the project(s) we work on, and truly act as the City’s partner by always putting on our “Ontario Hat”.
Over the past five years, we have provided consistent
construction management and inspection services to the
City, gaining firsthand knowledge of staff preferences, reporting expectations, and project delivery standards.
This familiarity allows us to anticipate needs, streamline coordination, and maintain continuity across task orders.
Backed by a local bench of over 40 in-house professionals, we are equipped to respond quickly and effectively to the City’s evolving workload demands.
PROVEN ON-CALL PERFORMANCE WITH
IMMEDIATE IMPACT. On-call contracts require responsiveness, flexibility, and the ability to integrate seamlessly with City staff—and Ardurra has demonstrated this capability time and again. Having successfully supported over 60 on-call contracts across California, we understand that success lies in being dependable at every level—whether addressing daily field issues, managing weekly deliverables, or guiding projects from initiation through closeout. For the City of Ontario, our prior experience means we can continue delivering without disruption, assuring projects move forward efficiently while maintaining the City’s high standards.
DEPTH OF EXPERIENCE ACROSS CRITICAL INFRASTRUCTURE. Our team has built its reputation managing a wide range of public works and water/wastewater infrastructure projects, including pipelines, pump stations, reservoirs, and treatment facilities. We have successfully delivered projects ranging from under $1 million to over $50 million, many of which mirror the scope and complexity of the City’s Capital Improvement Program. More importantly, our recent and ongoing work with the City provides relevant, real-time insight into local challenges, contractor performance, and project delivery expectations—insight that directly benefits current and future task orders.
WORKING CLOSELY WITH THE
CITY SINCE 201 9, OUR GOAL IS
TO PROVIDE PROACTIVE SERVICES
TO MANAGE BUDGET, SCHEDULE, AND
WORK QUALITY TO DELIVER A PROJECT
WITH LASTING VALUE.
78 A COLLABORATIVE PARTNER FOCUSED ON THE CITY’S SUCCESS. Ardurra approaches every assignment with a commitment to protecting the City’s interests—balancing cost control, schedule adherence, and quality assurance. Our familiarity with City staff, consultants, and contractors allows us to communicate efficiently, resolve issues proactively, and keep projects on track. We prioritize clear, consistent communication and take a hands- on approach to coordination, assuring that potential conflicts are addressed early and solutions are implemented effectively.
DEEP UNDERSTANDING OF LOCAL AND STATE REQUIREMENTS. Through our continued service to the City of Ontario, our team has developed a strong command of applicable municipal standards and procedures, as well as state and federal requirements. We are well-versed in the Greenbook, Caltrans Standard Specifications, City standards, and OSHA Construction Safety Orders. Beyond compliance, our experience navigating funding requirements and documentation processes assures that projects are not only constructed successfully but also administered in full alignment with regulatory expectations.
We are in receipt of Questions and Answers Set 1, dated April 1 6, 2026, Questions and Answers Set 2 and 3, dated April 22, 2026, Questions and Answers Set 4, dated April 23, 2026, Addendum No.1, dated April 20, 2026, and Addendum No.2, dated April 23, 2026.
Please feel free to contact Omar Alameddine at [email protected] or 949.533.30 1 2, should you have any questions or require additional information. On behalf of our team, we look forward to continuing to work with you to execute your upcoming projects.
Respectfully submitted,
Ardurra Group, Inc.
Dino P. D’Emilia, PE, F.ASCE, QSD Omar Alameddine, EIT California Public Works Practice Director Contract Manager Ardurra Group, Inc. | 3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | 949.428.1 500 | www.ardurra.com 2 79 (2)
TABLE OF CONTENTS
80 3
CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
TECHNICAL PROPOSAL
tablE of contEntS2
(1) executive Summary ..............................................................................................................................1 (2) table of coNteNtS ...............................................................................................................................3 (3) ideNtificatioN of ProPoSer ...............................................................................................................4 (4) StaffiNg reSourceS .............................................................................................................................5 a. Firm Staffing & Key Personnel ...........................................................................................................................5 b. Subcontractors ....................................................................................................................................................9 (5) fiScal Stability ....................................................................................................................................10 (6) exPerieNce aNd techNical comPeteNce ......................................................................................11 a. Experience ........................................................................................................................................................11 b. Project Specific Experience .............................................................................................................................13 c. Technical Competence .....................................................................................................................................16 (7) ProPoSed method to accomPliSh the Work ..........................................................................17 (8) fee ProPoSal (Separate Submittal) ..................................................................................................... 21 (9) iNSuraNce .............................................................................................................................................22 (10) litigatioN ............................................................................................................................................23 (1 1) other iNformatioN .........................................................................................................................24 a. Ability to Staff Tasks Efficiently & Complete Projects On Time & Within Budget .........................................24 b. Community Involvement ..................................................................................................................................24 c. Previous Involvement with the City ..................................................................................................................25 d. Conflict of Interest .............................................................................................................................................25 (1 2) certificatioN of ProPoSal ............................................................................................................26 (1 3) aPPeNdiceS ..........................................................................................................................................27 - Non-Collusion Declaration ................................................................................................................................27 - Additional Key Staff Resumes .............................................................................................................................28 81 (3)
IDENTIFICATION OF PROPOSER
82 4
CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
idEntification of ProPoSEr3
meet ardurra
Ardurra Group, Inc. (Ardurra) is a relationship-based, professional services organization primarily serving public works, water and wastewater agency clients for the past 48+ years. With 2,800 employees in 1 20+ offices nationwide, Ardurra is ranked No. 48 in ENR’s Top 500 Design Firms, rapidly growing company of experts, engineers, and design professionals committed to delivering quality services and practical solutions. Over the last three years, we have tripled in size through organic growth and strategic acquisitions that have expanded our resources, capabilities, and geographic reach. Our staff is our greatest resource, and we continue to grow to meet the needs of our client partners. reSPoNSiveNeSS – We are there WheN you Need uS!
As we intend to demonstrate, Ardurra is proud of the reputation we have established and the style in which we deliver our services based on the investment and ownership responsibility we place on every single project. We are motivated to continue to exceed the City of Ontario’s (City) expectations. With offices throughout California, the Ardurra team provides local subject matter experts with the availability and resources to be responsive to the City’s needs. We are a full staff of engineering, environmental, and construction professionals, including project managers, construction managers, engineers, environmental compliance specialists, designers, and construction inspectors. We strive to develop close working relationships with our clients so we can move quickly in response to client needs. We can provide on-the-spot assistance with an emergency situation or a fast-track project while maintaining sufficient staff and resources to manage large multi- discipline projects.
local iN-houSe caPabilitieS to meet taSk order NeedS
Our in-house capabilities include project management, construction management and inspection, civil, mechanical, electrical engineering and design, as-needed municipal “staff extension” services, water and wastewater master planning and hydraulic modeling, traffic and transportation engineering, plan checking, CEQA/NEPA compliance, regulatory permitting, GIS design and implementation, sewer flow monitoring, and survey services. We also have established relationships with several recognized specialty firms that support us with additional disciplines and services as needed. Our experienced construction management and inspection staff is capable of managing various complex infrastructure projects.
our commitmeNt
Ardurra provides full-spectrum services to assist our clients from planning through construction. From our substantial experience in planning, designing, and managing public infrastructure undertakings, we understand that projects today are driven by a balance of economic, environmental, social, and political factors. We believe in working in partnership with our clients to meet these challenges. We offer the City a commitment to responsiveness, quality, and forward-thinking solutions to deliver innovative projects. We will continue to exceed your expectations.
ABOUT THE FIRM
LEGAL NAME
ARDURRA GROUP , INC
CORPORATE ADDRESS
1 000 NW 57th Ct., Suite 800
Miami, FL 33 1 26
LOCAL ADDRESS
3737 Birch Street, Suite 250
Newport Beach, CA 92660
LEGAL FORM OF COMPANY
Corporation
PARENT COMPANY
Not Applicable
PROPOSED REPRESENTATIVE
Omar Alameddine, EIT
Contract Manager
3737 Birch Street, Suite 250
Newport Beach, CA 92660
Cell: 949.533.30 1 2
CONTRACTUAL CONTACT
Dino D’Emilia, PE, F.ASCE, QSD
California Public Works Practice
Director
2 1 250 Hawthorne Boulevard,
Suite 383, Torrance, CA 90503
Cell: 7 1 4.458.0703
CITY BUSINESS LICENSE NUMBER
1 2435960
DEPARTMENT OF INDUSTRIAL
RELATIONS (DIR) NUMBER
Ardurra Group, Inc.
1 000392 1 46
Ninyo & Moore
1 00000448 1
83 (4)
STAFFING RESOURCES
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CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
Staffing rESourcES4
a. firm StaffiNg aNd key PerSoNNel
Ardurra’s proposed team for the City of Ontario’s On-Call Construction Management and Inspection Services contract has the resources, capabilities, and commitment to deliver successful projects. This team is backed by the support of a large national firm with more than 2,800 personnel, including a deep bench of construction managers, inspectors, and other resources as needed.
The Team Organization section below and on the following page discusses the key personnel assigned to this project.
FIRM SCOPE OF SERVICES STAFFING RESOURCES
Ardurra Construction Management, Inspection, Administration 250 in California Ninyo & Moore Geotechnical and Materials Testing 270 in Southern California three team memberS PriNciPally reSPoNSible for WorkiNg With the city OMAR
ALAMEDDINE,
EIT
As administrator of this contract and the
main point of contact, Omar is prepared
to respond to a variety of requests
from the City and execute each task
order to meet your needs. Omar will
work closely with the City to clarify the
scope, schedule, budget, deliverables,
project duration, scheduling, number of
inspectors required and performance
expectations specifically suited to
meet the project needs. He will assign
staff with applicable expertise and
training necessary to handle the duties
and responsibilities to protect the
City’s interests. With his 20+ years of
experience in construction management
and inspection on public works and
Caltrans projects, he is able to lead
diverse teams consisting of contractor(s)
and construction management personnel
teams to successfully achieve the
common goal on any task order.
VALUE TO THE CITY
3 Direct City of Ontario experience having
served as Contract Manager for the last 5
years.
3 Extensive track record delivering complex
municipal infrastructure projects.
3 High proficiency in client and personnel
management.
CONTRACT
MANAGER
GAFUR OYEWO
CONTRACT
ADMINISTRATION
& INSPECTION
GROUP LEADER
Serving as the Contract Administration
& Inspection Group Leader, Gafur will
work closely with Omar and assist with
construction inspection assignments.
Gafur brings 16 years of project and
construction management experience,
with proficiency in large-scale public
works project administrative and
management processes such as critical
path management, project scope
management, payment/requisition
processing, and safety management.
He has extensive knowledge in
commercial and residential property
rehabilitation and restoration as well
as floating and fixed marine asset dry-
docking and repair. Both Omar and
Gafur have extensive experience
managing multiple on-call construction
management and inspection services
contracts with various agencies in
Southern California, including for the
City of Ontario.
VALUE TO THE CITY
3 City of Ontario experience, resulting in
knowledge of processes and procedures.
3 Proven municipal project delivery.
3 Strong municipal CIP leadership.
Don has inspected and overseen the
construction of capital improvements
for more than 30 years. Don brings a
comprehensive background in directing
and assuring the quality of projects
involving road and water infrastructure.
He also brings substantial expertise
in materials testing. Don has been
responsible for installing various sizes
and material of waterlines for residential
and commercial projects throughout
Southern California. His work has
involved installation of several miles
of both domestic and recycled water
mains of various sizes of CML&C,
C-900, ductile iron pipe - flange x
flange, flange x mechanical joints,
welded fittings, water stops, bypass
lines, and offset lines.
VALUE TO THE CITY
3 City of Ontario experience with deep
municipal inspection expertise.
3 Exceptional infrastructure and utility
knowledge.
3 Trusted steward of quality and compliance.
DON
WREN,
JR
SENIOR
INSPECTOR
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CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
team orgaNizatioN
Ardurra’s team will be led by Contract Manager, Omar Alameddine, EIT. As administrator of this contract and the main point of contact, Omar is prepared to continue to respond to a variety of requests from the City and execute each task order to meet your needs, as he’s been doing for the City of Ontario for the past 5 years. Once a task order is received, Omar will review the scope and provide the City with resumes of available staff with the best mix of experience and expertise for the task assigned.
Gafur Oyewo is our Contract Administration & Inspection Group Leader and will assist Omar with construction inspection assignments. Both Omar and Gafur have extensive experience managing multiple on-call construction management and inspection services contracts with various agencies in Southern California.
CONTRACT MANAGER
Omar Alameddine, EIT*
PRINCIPAL-IN-CHARGE
Dino D’Emilia, PE, F.ASCE, QSD
INSPECTORS
LEGEND
* Indicates Key Staff
(resumes provided)
CONSTRUCTION MANAGERS
PROJECT CONTROLS/DOCUMENT
CONTROLS
GEOTECHNICAL/MATERIALS
TESTING
Garreth Saiki, PE, GE
Randy Reichert
Joe Levario
Ninyo & Moore
To round out our team and provide the requested
specialty services, Ardurra has once again
teamed with Ninyo & Moore to provide
geotechnical and materials testing services.
In addition to the individuals proposed, Ardurra
maintains a database of additional professionals
and subconsultant firms who regularly work with
Ardurra on a project-to-project basis.
This organization chart illustrates the roles and
relationship between the City, our personnel, and
subconsultant, and clearly outlines the roles of
our proposed team members and showcases
the breadth of our in-house resources.
Brief resumes are included of key staff.
LABOR COMPLIANCE
Omar Alameddine, EIT*
Gafur Oyewo*
Martha Napier, CCM, PMP ,
LEED AP*
James Flannigan, PE*
Dino D’Emilia, PE, F.ASCE, QSD
Scott Adamson, PE, QSD/P
Lucas Findlay, PE, QSD/P
Arash Rostamian, PE, QSD/P
Mike Tisdale, QSP
Jeff Moody, PE, CCM, QSD/P
Brad Holmes, QSP , CESSWI
Alan Hargis, CCM
Joe Stoakley, PE, QSD
John Wolitarsky, CCM
Mahina Sui, CMIT
Will Hernandez, PMP
Jeremiah Harrington, EIT, CCM
John Dahl, PE, BCEE
Michelie Little
Gafur Oyewo*
Contract Administration &
Inspection Group Leader
Don Wren, Jr.*
Martha Napier, CCM, PMP ,
LEED AP*
James Flannigan, PE*
John Dela Cruz, QSP
Matthew Reagan, QSP
Joe Stoakley, PE, QSD
Rakan Khraisat, PMP , CMIT
Brian Briones
Manny Briones
Arash Rostamian, PE
Chip Vanderbeek, QSP
Eric Egurrola
Miguel Alvarez, PE
Nathan Wolitarsky
Joe Mullaney, EIT
Juan Cesena, QSP
Danny Robinson
Dustin Bender
Bob Keleman
Derek Deese
Lance Castro, CMIT
Sean Goodrich
Carlos Barrios
Alex Barerra
Jay Jordan
Dustin Blackwell, CMIT
Kelly Leyva, CMIT
Joseph Mullaney, EIT
Adam Banihamed
Alan Hargis, CCM
Erica Berger
Robin Babka
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On-Call Construction Management & Inspection Services
OMAR ALAMEDDINE, EIT
PROJECT AND CONSTRUCTION MANAGEMENT GROUP LEADER/CONTRACT MANAGER Omar brings an extensive background in construction management and inspection on public works and Caltrans projects. For over 20 years, Omar has delivered projects to renew city streets and freeways, applying his firm grasp of Caltrans and Greenbook standards. He has also managed and inspected construction of recreational facilities such as soccer fields, public parks and a dog park, public facilities, domestic water, sewer, and drainage improvements. Clients appreciate Omar’s penchant for precise and thorough documentation.
On-Call Construction Management and Inspection Services, City of Ontario - Contract Manager for this contract which includes the following projects to date: Grove Avenue and Holt Boulevard Intersection Widening – $20.3 million roadway and infrastructure improvement project is modernizing one of the oldest and busiest intersections in the city, by upgrading aging underground infrastructure and widening the intersection to accommodate future growth and connectivity; TCC Active Transportation Projects A & B – $9.8 million project includes TCC Project A (Mission Blvd. Bike and Pedestrian Improvements) and TCC Project B (Enhanced Pedestrian Crossings). Improvements include installation
EDUCATION
BS, Civil
Engineering
REGISTRATIONS/
CERTIFICATIONS
Engineer in
Training
CA # 151070
of a Class IV bike lane, new sidewalks, improvements to curb ramps, curb returns, slurry seal of existing pavement, pedestrian refuge passageways within the existing median, drainage features, grading, landscaping, irrigation, street lighting, modifications to signals to add video detection, utility removal/relocations required for widened areas/new sidewalk, protection of existing facilities, pedestrian hybrid beacons at four intersections, and in-pavement warning lights at one intersection; and Annual Pavement Rehabilitation & Slurry Seal - work includes maintaining more than 1,200 lane miles of pavement within the city, rehabilitating existing street pavements, sidewalks, handicap ramps, curb and gutter, and related appurtenances; repairing or constructing storm drain improvements at various locations; and providing engineering contract management and field services support for all construction work within the public ROW.
Orangewood Avenue Improvements (from State College Boulevard to the Santa Ana River), City of Anaheim – Contract Administrator/Construction Manager on this $1 7 .1 7 million project, providing construction management, contract administration, and construction oversight. This award winning, multifaceted project involved: high voltage electrical undergrounding for Anaheim Public Utilities along with the relocation of multiple telecommunication service lines; installation of a new 1 6” water mainline for Anaheim Public Utilities and a new 1 6” water mainline for the City of Orange Water Department including a 25 ft deep jack and bore operation under an existing Orange County Flood Control channel; significant traffic signal enhancements and the integration of a new changeable message sign as well as new CCTV system; construction of various retaining block walls; installation of biofiltration systems; and implementation of Resort-Style hardscape and landscaping, complete with irrigation improvements.
Santa Ana Street Railroad Water Main Crossing with Metrolink/SCRRA, City of Anaheim – Contract Administrator/ Construction Manager on this project which consisted of boring and jacking trenchless installation method, furnishing, and installing approximately 70 LF of 24-inch steel casing pipe (1/2-inch thickness) welded joints and 1 2-inch zinc-coated ductile iron pipe class 56 and by open-cut construction method, furnishing and installing approximately 75 LF of 1 2-inch zinc-coated ductile iron pipe class 52. Work also consisted of installing fittings, appurtenances, all valves, and thrust blocks, abandon in place existing water main and water services including interfering portions removal and disposal, pressure test and disinfect the water pipeline, and restoring the site to the original conditions including paving and striping restoration and disposal off site.
Indiana Street Water Main Replacement, City of Anaheim – Contract Administrator/Construction Manager for one of the City’s first design-build projects, which consisted of the $1.35 million construction of approximately 2,400 LF of 6-inch ductile iron CL 52 zinc-coated water main, and 200 LF of 8-inch ductile iron CL 52 zinc-coated water main located along Indiana Street between Broadway and South Street. The project also included the replacement of fire hydrants, valves, and appurtenant structures.
Underground Conversion Plan Projects, City of Anaheim – Contract Administrator/Construction Manager. Provided contract administration and construction management for the following projects as part of the City’s Underground Conversion Five-Year Plan and Wildfire Mitigation Plan: Underground District No. 65 Reliability Improvement, Phase 1 – Royal Oak; Crescent and Cerro Vista Reliability Improvement; and Direct Buried Cable Replacement; Underground District No. 65 Reliability Improvement, Phase 2 – Santa Ana Canyon Road – Lakeview to Imperial; and Underground District No. 68 Reliability Improvement – Eucalyptus Drive from Santa Ana Canyon.
key Staff reSumeS
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On-Call Construction Management & Inspection Services
GAFUR OYEWO
CONTRACT ADMINISTRATION AND INSPECTION GROUP LEADER
Gafur brings 1 6 years of project and construction management experience, with proficiency in large- scale public works project administrative and management processes such as critical path management (CPM), project scope management, payment/requisition processing, and safety management. He has extensive knowledge in commercial and residential property rehabilitation and restoration as well as floating and fixed marine asset dry-docking and repair. His experience spans projects involving a diverse range of installations, which include landscaping, roofing, asbestos abatement, masonry, steel structure erection, concrete, electrical, plumbing, and interior renovation.
On-Call Construction Management and Inspection Services, City of Ontario - Inspection Services Group Leader responsible for managing Ardurra’s inspection team of staff augmentation publics works inspectors providing permit, grading, landscaping, and general inspection on various projects, including CIPs within the City’s limits.
TCC Active Transportation Projects A (Mission Blvd Bike and Pedestrian Improvements) & B (Enhanced Pedestrian Crossings), City of Ontario – Construction Manager for this arterial street widening/improvement project which includes construction of a Class IV Bike Lane, addition of enhanced pedestrian crossings which include Pedestrian Hybrid Beacons, in-pavement warning lights, traffic signal and streetlight systems improvement including pole replacement, and modifications to traffic signal to add video detection on Mission Blvd. and Holt Blvd. Other improvements include AC paving, slurry seal of existing pavement, sidewalk, pedestrian refuge passageways within the existing median, storm drain system improvements, grading, tree planting & landscaping, irrigation system improvements, utility removal/relocations required for widened areas.
EDUCATION
MS, Asset
Integrity
Management
BEng, Naval
Architecture
REGISTRATIONS/
CERTIFICATIONS
OSHA 1 0-Hour
Construction &
Safety
OSHA 30-Hour
Construction &
Safety
Electric Line Extension (Wanda Circuit) Project, Phase 2, City of Anaheim – Construction Manager for this electrical undergrounding project that provides additional electrical capacity through installation of new infrastructure to relieve heavily loaded circuits between electrical substations and meet the electric service needs of the Anaheim Platinum Triangle area. This project included installation of encased conduit duct banks, conduits, vaults, splice boxes, electrical ground systems, locating and intercepting of existing duct banks, construction and coordination of overhead to underground service conversions, boring and jacking beneath the Metrolink and Union Pacific Railroad track crossings for the installation of 265 LF of 28-inch steel casing with concrete encased 1 2kV electrical lines, and asphalt pavement restoration.
On-Call Construction Management, Engineering Support, Testing and Inspection Services, City of Hawaiian Gardens - Inspection Services Group Leader for citywide CIP construction projects. Work has included residential street rehabilitation and park and facility improvement projects. A few projects include: Residential Street Rehabilitation, C. Robert Lee Roof Replacement, Various Signalized Intersection Improvements, and Carson Street Beautification.
Knollwood Circle Sanitary Sewer Improvement Project, City of Anaheim – Construction Manager for the construction of new segments on public right-of-way and on private property. The scope includes new private 1 2-inch sewer and 8-inch sewer laterals installed using open-cut method to serve 1 365 N. Knollwood Circle; new 1 8-inch and 1 2-inch sewer in roadway installed using open-cut method on Knollwood Circle; new 1 8-inch sewer installed using trenchless, pilot-tube guided auger boring method in a 1 5-foot-wide easement on 1 200 N. Knollwood Circle and 1 20 1 N. Magnolia Avenue; new 1 8-inch and 2 1-inch sewer main on Magnolia Avenue (Caltrans Encroachment Permit obtained); abandonment of existing sewer laterals, manholes, 8-inch and 1 2-inch VCP sewer; removal of privately-owned 1 0-inch PVC sewers; and pavement restoration, sidewalk replacement, and traffic control.
The project also includes the relocation of existing Anaheim Public Utilities’ water and electrical service lines, SoCal Gas Company service lines, AT&T telecom conduits, and Charter Spectrum’s fiber optic lines by the utility owners prior to sewer installation.
Felicidad Water Main Replacement Design-Build, City of Anaheim – Contract Administrator for this $2.9 million water main replacement project that involves installing approximately 630 LF of 1 2-inch and 3,960 LF of 8-inch ductile-iron pipe (DIP) as well as new water services and appurtenances at two project sites: Site 1 – Felicidad Street and Felicidad Circle (1,350 LF of 8-inch DIP) and Site 2 – Freedom Avenue, Liberty Avenue, National Avenue, American Avenue (630 LF of 1 2-inch DIP and 2,6 1 0 LF of 8-inch DIP). The project also includes traffic control, removal and restoration of existing improvements, excavation, backfill, shutdowns, dewatering, temporary high-lining of water service, hydrant installation, coordination with water service customers, chlorination, dichlorination, pressure testing, and site cleanup. 88 9
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On-Call Construction Management & Inspection Services
b. SubcoNtractorS
Our team is augmented by Ninyo & Moore, to provide geotechnical and materials testing as needed. Ninyo & Moore provides high-quality geotechnical engineering and construction inspection and testing services. Their staff consists of registered geotechnical, civil, and environmental engineers; engineering geologists; hydrogeologists; environmental scientists; certified technicians and field inspectors; and hazardous waste and regulatory compliance specialists. They have fully equipped certified geotechnical laboratory facilities and are certified by AASHTO, Caltrans, Division of the State Architect, City of Los Angeles, and City of San Diego.
Ninyo & Moore has provided geotechnical, environmental, and materials testing consultant services as a part of Ardurra’s team for our current City of Ontario contract, and several water improvement projects including the Moulton Niguel Water District, San Bernardino Municipal Water District, Elsinore Valley Municipal Water District, and various water projects. In addition, Ninyo & Moore offers fully equipped, well-staffed, state-of-the-art laboratory facilities performing a range of laboratory testing services under the supervision of a registered civil engineer. Ninyo & Moore’s testing laboratories have been accredited by AASHTO/AMRL, Caltrans, California Division of the State Architect, and City of Los Angeles.
DON WREN, JR
SENIOR PUBLIC WORKS INSPECTOR
Don has inspected and overseen the construction of capital improvements for more than 30 years.
He brings a comprehensive background in directing and assuring the quality of projects involving road and water infrastructure, and substantial expertise in materials testing. Don has been responsible for installing various sizes and material of waterlines for residential and commercial projects throughout Southern California. His work has involved installation of several miles of both domestic and recycled water mains of various sizes of CML&C, C-900, ductile iron pipe - flange x flange, flange x mechanical joints, welded fittings, water stops, bypass lines, and offset lines.
Grove Avenue and Holt Boulevard Intersection Widening and Sewer Improvements, City of Ontario – Inspector for this $20.3 million, design-bid-build roadway and infrastructure improvement project. This transformative project will modernize one of the oldest and busiest intersections in the city by upgrading aging underground infrastructure and widening the intersection to accommodate future growth and connectivity. Improvements include traffic control, clearing and grubbing, grading, protection and demolition of existing improvements within the public right-of-way and on private property, modifications to existing irrigation systems, construction of PCC curb and gutter, sidewalk, drive approaches, driveway, ADA ramps, asphalt concrete AC paving, signing and striping, traffic signal modification, street lighting improvements, and tree planting. Construction also includes improvements to sewer, storm drain, and water systems, as well as utilities.
West Valley Connector, City of Ontario - Don is providing Inspection Oversight on this project which will be a 1 00% zero- emission Bus Rapid Transit (BRT) system. Phase I of the project is 1 9 miles and will upgrade a portion of existing Route 6 1 which runs along Holt Boulevard, adding approximately 3.5 miles as center running, dedicated bus-only lanes. There will be 2 1 stations in Phase I that will provide an improved transit connection to Ontario International Airport (ONT) and help build transit connectivity by linking ONT, two Metrolink lines (San Bernardino and Riverside) and multiple major activity centers along the route including Ontario Mills and Victoria Gardens.
Annual Pavement Rehabilitation & Slurry Seal, City of Ontario - Inspector. Work includes maintaining more than 1,200 lane miles of pavement within the city, rehabilitating existing street pavements, sidewalks, handicap ramps, curb and gutter, and related appurtenances; repairing or constructing storm drain improvements at various locations; and providing engineering contract management and field services support for all construction work within the public ROW.
Pipeline Replacement – Pump Station to Reservoir, Cucamonga Valley Water District – Inspector/Manager for construction of the $1 million replacement waterline involving 30-inch and 24-inch cement-coated pipes extending one mile, from Etiwanda to East Avenue.
201 7-22 Street Pavement Maintenance Rehabilitation Project, City of Corona – Senior Inspector. Services involved localized removal and replacement of failing asphalt sections, grinding and overlay, crack sealing, application of ARAM, and slurry sealing approximately 68 lane miles of local and major street. 89 (6)
EXPERIENCE AND
TECHNICAL COMPETENCE
90 11
CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
ExPEriEncE and tEchnical comPEtEncE6
a. exPerieNce
The following section highlights Ardurra’s proven capabilities providing similar expertise working on On-Call Construction Management and Inspection Services contracts.
Experience, Technical,
and Professional
Skills to Meet Goals
and Fulfill General
Functions Identified in
the RFP
3 Ardurra has a successful history of providing construction management and inspection services on multiple on-call contracts for municipalities across California specializing in water, wastewater, and recycled water infrastructure 3 The variety of projects we have managed gives our firm not only the expertise in water, wastewater, and recycled water improvements needed to successfully manage what takes place inside the trench, but also the experience with large roadway improvement and traffic control issues in order to address the operations and issues surrounding the trench.
Past Staff Experience
Performing Similar
Services
3 Veteran team lead by a Project and Construction Management Leader, and a Contract Administration and Inspection Group Leader, that have managed over 1 0 on-call contracts for separate agencies in the past five (5) years. 3 Our team has been repeatedly engaged by our clients to manage projects ranging from less than $1 million to more than $50 million. 3 Proposed team of professionals have built their careers providing the type of services requested as a part of this RFP.
Number of Years the
Firm has Conducted
Business in Southern
California
3 Over 23 years providing exceptional construction management, inspection, and related services to Southern California. Our success is based on long-term working relationships with public agencies, developed through our water, wastewater, and recycled water expertise and cemented with our commitment to deliver quality products and unmatched dedication to be responsive to our client services.
Ardurra was started in 1 977 as King Engineering Associates in the State of Florida.
We have been providing various services to the City since 201 9.
Five (5) References
Demonstrating
Experience and
Performance
Providing Similar
Services
3 Ardurra is proud of the successful projects we have accomplished and the agencies that have placed their confidence in our services. 3 We highly encourage the City to contact our references to confirm the efficiency, attention to detail, communication skills, and commitment of our team in successfully completing every project.
3 Please see the reference table on the following page for Ardurra’s references demonstrating experience and performance providing similar services.
Local Experience and
Knowledge of the City
3 Ardurra has successfully completed several projects for the City of Ontario/ Ontario Municipal Utilities Company including the following:
On-Call Construction Management and Inspection for Various ProjectsOn-Call Construction Management and Inspection for Various Projects Grove Avenue and Hold Boulevard Intersection Widening and Sewer Grove Avenue and Hold Boulevard Intersection Widening and Sewer ImprovementsImprovements
Annual Pavement Rehabilitation and Slurry Seal ProjectsAnnual Pavement Rehabilitation and Slurry Seal Projects TCC Active Transportation Projects A&BTCC Active Transportation Projects A&B Water Improvement Plan for Transit Street, Emporia Street, Palm Avenue, and Water Improvement Plan for Transit Street, Emporia Street, Palm Avenue, and Laurel AvenueLaurel Avenue
Numerous design projects Numerous design projects (see complete list in Section 1 1. Other Information)(see complete list in Section 1 1. Other Information) 3 No learning curve – we will leverage our previous experience to streamline the process.
23+
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CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
refereNceS
Ardurra is proud of the successful projects we have accomplished and the agencies that have placed their confidence in our services, as demonstrated within our five project references included below. We highly encourage the City to contact our references to confirm the efficiency, attention to detail, communication skills, and commitment of our team in successfully completing every project.
1 ORGANIZATION/CITY City of Anaheim
CONTACT NAME/NUMBER/EMAIL Jake Hester, Water Engineering/Design Manager, 7 1 4.7 1 3.2975, [email protected]
PROJECT SIZE & DESCRIPTION
Since 20 1 7 , Ardurra has completed more than $90 million in capital improvement projects involving utility undergrounding, water/wastewater, street improvements, telecommunications, and structural. Some projects include:
Orangewood Avenue Improvements, Opal Ave & Eagle Dr Water Main Replacement, DB Underground Conversion Plan Projects; Underground District Nos. 57 (Phase 2), 62 (Phase 2), 63, 65 (Phases 1 & 2), 68, & Wanda 1 2kV, Indiana Street Design-Build Water Main Replacement, Imperial Highway & Big Sky Lane Water Main Replacement, and Telecommunications Poles Coordination and Inspection.
DESCRIPTION OF SERVICES Construction Management
2 ORGANIZATION/CITY City of Lakewood
CONTACT NAME/NUMBER/EMAIL Samantha Chambers, Project Manager, 562.7 1 2.9955, [email protected]
PROJECT SIZE & DESCRIPTION
Contract involves the preparation of the City’s seven-year $1 55 million capital improvement program budget. Projects to date include: Cherry Cove and Bloomfield Park Playgrounds, Tot Lot Playground Improvements to Biscailuz Park & Playground Improvements to Boyar Park, Weingart Community Center Refurbishment and the Palms Park Community Center Refurbishment.
DESCRIPTION OF SERVICES Construction Management and Inspection 3 ORGANIZATION/CITY City of Ontario
CONTACT NAME/NUMBER/EMAIL Brian Lirley, Utilities Director-Engineering & Operations, 909.395.2770, [email protected]
PROJECT SIZE & DESCRIPTION Ardurra is providing services for Grove Ave. & Holt Blvd. Intersection Widening and West Valley Connector Projects.
DESCRIPTION OF SERVICES Construction Management and Inspection 4 ORGANIZATION/CITY City of Anaheim
CONTACT NAME/NUMBER/EMAIL Samantha Bahena, Construction Contract Specialist, 7 1 4.98 1.5777 , [email protected]
PROJECT SIZE & DESCRIPTION Ardurra is providing services for the Design-Build Southwest Substation Upgrade and DBMA #4W - Coronet Avenue Water Main Replacement DESCRIPTION OF SERVICES Construction Management
5 ORGANIZATION/CITY City of Hawaiian Gardens
CONTACT NAME/NUMBER/EMAIL Neema Ghanbari, Public Works Director, 949.607 .9699, [email protected]
PROJECT SIZE & DESCRIPTION
Ardurra provided services on Carson Street Beautification (Norwalk Boulevard to Bloomfield Avenue) and Hawaiian Gardens Norwalk Blvd Pedestrian Improvements, Project #1 1 7
DESCRIPTION OF SERVICES Construction Management and Inspection 92 13
CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
b. ProJect SPecific exPerieNce
GROVE AVENUE AND HOLT BOULEVARD
INTERSECTION WIDENING AND SEWER
IMPROVEMENTS
City of Ontario
DESCRIPTION OF SERVICES: Ardurra is providing construction management and inspection services for this $20.3 million, design-bid-build roadway and infrastructure improvement project. This transformative project will modernize one of the oldest and busiest intersections in the city by upgrading aging underground infrastructure and widening the intersection to accommodate future growth and connectivity.
Improvements include traffic control, clearing and grubbing, grading, protection and demolition of existing improvements within the public right-of-way and on private property, modifications to existing irrigation systems, construction of PCC curb and gutter, sidewalk, drive approaches, driveway, ADA ramps, asphalt concrete AC paving, signing and striping, traffic signal modification, street lighting improvements, and tree planting. Construction also includes improvements to sewer, storm drain, and water systems, as well as utilities and associated removals/relocations and protection/relocation of existing facilities.
The project is closely tied to the San Bernardino County Transportation Authority’s (SBCTA) West Valley Connector Project, a key transit initiative. In addition to delivering professional construction management and inspection services, Ardurra serves as the City’s liaison, delivering seamless coordination with SBCTA’s project.
ROLE OF THE FIRM:
Construction Management and
Inspection Services
DOLLAR VALUE OF SERVICES:
$20.3 million
DOLLAR VALUE OF FEES:
$1.4 million
STAFFING:
Omar Alameddine, Construction
Manager
Gafur Oyewo, Alternate
Construction Manager
Martha Napier, Alternate
Construction Manager
James Flannigan, Construction
Manager/Inspector
Arash Rostamian, Inspector
Don Wren, Inspector
Mahina Siu, Assistant
Construction Manager
Joe Mullaney, Project Controls
Engineer
Adam Banihamed, Assistant
Construction Manager/Project
Controls Officer
Ninyo & Moore, Materials Testing
& Geotechnical
DURATION OF SERVICES:
8/2024 - Ongoing
(On schedule and on budget)
RELATIONSHIP TO CLIENT:
Prime Consultant
REFERENCE:
Brian Lirley, Utilities Director-
Engineering and Operations
City of Ontario/OMUC
909.395.2770
[email protected]
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14 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
MANHATTAN BEACH ADVANCED TRAFFIC
SIGNAL SYSTEM PROJECT
City of Manhattan Beach
DESCRIPTION OF SERVICES: The Manhattan Beach Advanced Traffic Signal (MBATS) System project includes the upgrade and connection of signal controller equipment through a fiber optic backbone infrastructure that will support emerging traffic management technologies, such as dynamic signal timing, vehicle-to-vehicle communication, autonomous vehicles, public safety preemption, and other smart cities initiatives that can improve traffic signalization and operational efficiencies.
The infrastructure will enable enhanced signal timing, relieve congestion during peak hours, improve traffic progression, allow the system to be more responsive to changes in traffic conditions, and prepare for the future of more Internet of Things (IOT) communications.
The project will allow both City/County staff and a semi-autonomous control system to remotely monitor and control the signalized intersections to maximize synchronization and minimize backups through real-time data analysis and timing changes.
ROLE OF THE FIRM:
Construction Management and
Inspection Services
DOLLAR VALUE OF SERVICES:
$1 3,662,5 1 2
DOLLAR VALUE OF FEES:
$989,658
STAFFING:
James Flannigan, Construction
Manager
Nathan Wolitarsky, Inspector
Kelly Leyva, Project Controls
Engineer
Ninyo & Moore, Materials Testing
& Geotechnical
DURATION OF SERVICES:
8/2025 - Ongoing
(On schedule and on budget)
RELATIONSHIP TO CLIENT:
Prime Consultant
REFERENCE:
Pernilla Brandt, Project Manager
City of Manhattan Beach
949.292.5010
[email protected]
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15 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
JOHN ANSON FORD PARK DREAMERS AQUATICS
CENTER
City of Bell Gardens
DESCRIPTION OF SERVICES: This $3 1.3 million project involved replacing an antiquated public swimming pool at John Anson Ford Park into a modernized regional aquatics center (approximately 1 26,000 square feet) that includes a 50-meter competition pool (approximately 1 3,500 square feet with nine lanes), a therapy pool (approximately 2,500 square feet), and an activity pool with waterslide.
Originally opened for public use in 1 959, the Aquatics Center had minimal renovations and was taken out of operation in 20 1 7 due to maintenance and safety concerns. The newly constructed and reimagined state-of-the-art Aquatics Center reinvigorates the area with its vibrant aesthetics and invites people of all abilities and socioeconomic backgrounds with a safe, inclusive, and accessible environment. This project is an investment and commitment to the health, wellness, and quality of life for the City’s residents and neighboring communities. It signals forward-thinking, innovation, civic pride, and community values. A facility of this stature is the only one of its kind in the entire region and will benefit residents, students, and organizations in the surrounding communities year-round. The project incorporated several technologies offering sustainable benefits to help serve the community well into the future. One such feature is an on-site Stormwater Infiltration System comprised of a Continuous Deflection Separation (CDS) stormwater treatment unit combined with perforated underground chambers capable of holding nearly 50,000 gallons of water. The project utilizes state- of-the-art pool mechanical equipment, including Regenerative Media Filtration Systems, which eliminate traditional backwashing and significantly reduce water and energy consumption. The project also incorporates a Building Management System (BMS) to provide a single interface for building operators to control the building’s mechanical systems, resulting in energy efficiency, reduced operational costs, and enhanced occupant comfort. This project received the 2025 APWA Southern California Chapter BEST Project of the Year Award, Facilities Category < 50,000 population, and the 2026 ACEC California Commendation Award.
ROLE OF THE FIRM:
Construction Management and
Inspection Services
DOLLAR VALUE OF SERVICES:
$3 1.3 million
DOLLAR VALUE OF FEES:
$2.3 million
STAFFING:
John Wolitarsky, Construction
Manager
Nathan Wolitarsky, Inspector
Kelly Leyva, Assistant Construction
Manager/Project Controls
Engineer/Drone Operator
Ninyo & Moore, Soils & Materials
Testing & Inspection
DURATION OF SERVICES:
7/2023-10/2025
(On schedule and on budget)
RELATIONSHIP TO CLIENT:
Prime Consultant
REFERENCE:
Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens
562.806.7770
[email protected]
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16 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
c. techNical comPeteNce
Technical Resources
Ardurra is a fully operating organization with the latest innovative technologies and licenses required to plan, prepare, design, model, and execute pipeline projects. Our staff is proficient in utilizing these software tools to analyze and create the most favorable solutions aligned with project goals. Programs include but are not limited to:
▪ Web-based capabilities such as CIPO and Procore for construction and project management that provides a single repository for all project related information, accessible anywhere with internet connection. Company-wide subscription with no additional cost to the client.
▪ Microstation and pipeline design programs.
▪ AutoCAD, Civil3D, Geographic Information (GIS).
▪ Inroads, a program that prepares grading plans, plan and profile sheets, and roadway designs. InRoads also computes cut and fill quantities and automatically determines roadway (and pipeline) stations and creates sections. ▪ ArcMap (ArcInfo) to support water and wastewater system master planning efforts. ▪ Water modeling software including: H20Net, H20Map Water, InfoWater, EPANet, WaterCAD, WaterGEMS. ▪ Sewer modeling software including: H20Map Sewer, InfoSewer, InfoSWMM, XP-SWMM, SewerCAD, and SewerGEMS.
▪ The latest hydraulic parameters for both open channel and pressure pipe. ▪ Licenses for the full spectrum of Microsoft Office applications. ▪ Adobe licenses for Acrobat and Creative Cloud (e.g. Photoshop, Illustrator, InDesign).
Ability to Draw Upon Multi-Disciplinary Staff
Ardurra is a full service firm providing broad-based solutions tailored to the specific needs of each client. As a responsive and nimble partner, we take ownership of every project to maintain project momentum and success. We leverage the depth of our professional and technical expertise, as well as our integrated structure, to deliver practical, innovative solutions for our clients.
Utilizing primarily in-house staff allows us to more efficiently manage projects and respond quickly to new tasks. With more than 2,800 employees and 1 20+ offices across the United States, Ardurra has the ability to provide local subject matter experts, with national backing.
other requeSted iNformatioN
RFP CRITERIA RESPONSE
a. Failure to enter into a contract or professional services agreement once selected. None b. Withdrawal of a proposal as a result of an error. None c. Termination or failure to complete a contract. None
d. Debarment by any municipal, county, state, federal or local agency. None e.
Involvement in litigation, arbitration or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance.
Knowing concealment of any deficiency in the performance of a prior contract.
Please see Section 10, Litigation
f. Falsification of information or submission of deceptive or fraudulent statements in connection with a contract.
None
g. Willful disregard for applicable rules, laws or regulations. None 96 (7)
PROPOSED METHOD TO
ACCOMPLISH THE WORK
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CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
7 ProPoSEd mEthod to accomPliSh thE Work
By utilizing Ardurra, clients are kept informed on
a real-time basis and know that Ardurra’ s guiding
principle is to always act in its client’ s best interest.
The Ardurra approach to construction management and
inspection is designed to safely deliver a high quality project on time and within budget, while monitoring and enforcing compliance with requisite codes, standards, permits,
plans, and specifications. The firm uses proven methods for performing the multitude of tasks that dictate the success of a construction project, maintaining continual and transparent communication.
CONSTRUCTION MANAGEMENT
SAFETY. First and foremost, Ardurra always considers safety the most important issue on any construction project. Ardurra construction managers and inspectors are at a minimum 1 0- hour OSHA-certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site-specific safety programs employed on the project at all times and will monitor the contractor’s operations for compliance with the project safety requirements and requisite provisions of state and federal law.
PUBLIC RELATIONS. The Ardurra team is empathetic to
the motorists, pedestrians, cyclists, residents, and businesses that are affected by construction operations, and we will take a lead role to address public relations concerns. Inquiries and issues will be listened to and documented with accurate contact information for prompt follow-up. We are adept at mitigating impacts throughout the construction process and addressing issues expeditiously for resolution in the field whenever feasible. Any issues that cannot be immediately addressed in the field will be communicated through
appropriate protocols with recommendations for the most efficient resolution. Ardurra will expedite implementation of the solution that serves the project’s best interests, as mutually determined with the City, contractor, and affected parties. We take a proactive approach to reach out to the public, resulting in the successful completion of public works improvement projects in close proximity to adjacent property owners. Strict adherence to allowable working hours, and noise and dust control requirements will be imperative to minimize impacts. If a sensitive, invasive or politically challenging project is being considered, Ardurra does have a Community Outreach team that is available to be brought in to specifically address public relations.
CONSTRUCTABILITY REVIEW OF BID DOCUMENTS.
Constructability reviews will be conducted as directed by the City. A punch list of comments and recommendations will be submitted to the City for consideration and implementation by the project architect/engineer. The CM team will review the plans for biddability and constructability and identify potential value engineering solutions, ambiguities, conflicts or omissions apparent during its review. The bid documents and technical specifications will also be reviewed for potential duplication and overlap of clauses, conflicts, proper placement of critical requirements within the order and precedence of documents.
Ardurra will also recommend key contract provisions to provide the necessary controls and remedies for the City to maintain a proactive approach on the project.
PRE-CONSTRUCTION CONFERENCE. Ardurra will
coordinate and conduct the pre-construction meeting. This will include notification to contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes.
The agenda and minutes typically include, but are not limited to, the following items: introductions of key personnel; safety; project overview, scope, schedule; Notice to Proceed; chain of communication; public relations; discussion of the baseline schedule; change order, submittal and RFI process; identify long lead and any substitution and/or equal items; inspection and testing – review call-out requirements and deputy/special and testing requirements; progress payment procedures;
labor compliance; Community Workforce Agreement (CWA)
requirements; and placement of signs.
CONSTRUCTION PROGRESS/COORDINATION
MEETINGS. The following meetings will be held on site, as required:
▪ Periodic project team/stakeholder meetings will focus on the following: progress during the period; planned
vs. actual schedule; current or unresolved problems;
anticipated or pending change orders; impacts of problems or change orders on schedule and budget; discussion of
new goals, planned vs. actual budget analysis; scheduled concurrent with a weekly meeting to save time and cost; contractor’s detailed four-week look-ahead schedule;
progress and major decisions during the last week.
▪ Special meetings to discuss important/urgent issues or which require detailed discussion or review of plans and specifications.
TESTING AND OBSERVATIONS. Ardurra will coordinate
laboratory, job site, and off-site/source inspection and testing of construction materials and required observations per the QAP , construction documents, construction codes, and jurisdictional agencies. We will monitor testing services, track documentation, and record testing results. When necessary, corrective measures will be implemented and re-inspected to verify acceptable completion.
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On-Call Construction Management & Inspection Services
UTILITY COORDINATION. Ardurra will assist the
contractor in dealing with local utilities to coordinate and expedite temporary and permanent utility installations, utility relocations and utility access structure adjustments.
SUBMITTAL PROCESSING. The construction manager
will track correspondence and submittals on this project.
Ardurra will receive contractor submittals and review them for completeness and general conformance with the contract documents. Shop drawings, samples and other submittals
received from the contractor will be logged in and routed to the City and the architect. Responses will be logged and transmitted to the contractor. Submittals will be tracked throughout the project to assure timely response to avoid contractor claims for delay. Submittals will be expedited utilizing electronic delivery whenever possible (except for shop drawings, large format documents). Additionally, Ardurra will recommend key contractual requirements for the contractor to clearly indicate submittal processing requirements in the project schedule. Submittal content and review comments will be monitored to identify potential impacts to quality, cost, or schedule, with recommended alternatives and/or solutions.
DOCUMENT TRACKING SYSTEM. Complete and current
project files shall be kept at the job site, or at a location agreeable to the City, and shall always be available to the City. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications, permits, logs, reports, RFIs, field orders, change orders, claims inspection reports, and test reports. We will adapt our system to the specific needs of the project to monitor, track, and control the project. This detailed tracking system will enable us to provide an accurate assessment of the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.
RFIS. Upon receipt, the CM team will log, distribute, and respond to each RFI as required. It is anticipated that most will be handled upon receipt. However, if the design engineer or City staff are required to answer questions, the construction manager will coordinate a timely resolution. Ardurra will identify potential impacts to cost or time that may result due to issues identified in RFIs, with recommended alternatives or solutions to mitigate the potential impacts.
SCHEDULE REVIEW/CONTROL. Ardurra is intimately
familiar with mainstream scheduling software utilized by the public works contracting industry, including, but not limited to, Primavera P3®, Suretrak® and Microsoft Project®.
The Ardurra construction manager will review the baseline construction schedule, including activity sequences and duration, schedule of submittals, and schedule of delivery for products with long lead times. The schedule will not be recommended for approval as the baseline until discrepancies are resolved.
During the progress of construction, the Ardurra CM team will compare the contractor’s monthly schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the contractor to keep the project schedule on time. A 4-week look-ahead will be required from the contractor, updated weekly, and presented at the weekly construction progress meetings. This tool will keep the entire team looking one month ahead of the project and will facilitate proactive handling of project activities and issues. If necessary, Ardurra will negotiate time extensions due to change orders or other delays.
SWPPP. Ardurra will enforce provisions of the Storm
Water Pollution Prevention Plan and/or other requisite
requirements set forth in the specifications. At a minimum, SWPPP requirements will be monitored and a specific
SWPPP checklist will be compiled. Any deficiencies noted will be addressed with the contractor for immediate remedy.
Upon a weather report of expecting rain, a site walk will be conducted to assure that SWPPP measures are in place and well maintained. Additionally, if desired by the City, the Ardurra team can be assigned as the data submitter for the project to implement the NOI application, uploading of various reports, and processing of the NOT on the SMART website.
CHANGE MANAGEMENT. Ardurra will establish,
implement, and coordinate systems for consideration,
negotiation, processing, and implementation of change
orders. Each issue, which is identified as a potential change to the design, scope, cost, or contract time will generate a uniquely numbered potential change order (PCO). The
construction manager will determine whether a change
notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, the construction manager will negotiate the scope and cost for the most efficient, cost and quality appropriate solution with the contractor and City. Any credits for work deleted because of the change will be required at this time as well. The construction manager will maintain a trend log, listing potential changes as identified, either formally or informally. This trend log shall be used such that potential change items are not overlooked or deferred until the end of the job. Ardurra will prepare independent cost estimates as required for contract change orders. Upon approval by the City, the construction manager will prepare, log, and process change orders for full execution and administer their implementation. Once fully executed, the CM team will expedite and review the timely completion of the work and coordinate inclusion of the change order in the appropriate payment application.
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CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
CLAIMS AVOIDANCE. Ardurra will assist the City with
claims filed by the contractor in accordance with the
guidelines set forth by the general specifications and the standard specifications. Ardurra is well-versed at negotiating and resolving claims amicably between contractors and
public agencies. Should a claim require work in addition to Ardurra’s contract, Ardurra will be available on a time-and- materials basis if desired by the City, including assistance with processing required forms and coordinating with the DLAE, and processing additional funding if applicable. The provision of any legal advice or services is specifically excluded.
DAILY EXTRA WORK REPORTS. The Ardurra CM team
will verify and sign contractor’s daily extra work reports documenting force account (time and materials) work. Ardurra will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly rejected and removed from extra work reports.
PROGRESS PAYMENT PROCESSING. A cost control
system, based on the contractor’s schedule of values,
approved change orders and the contract amount shall
be developed and implemented to monitor progress costs.
Monthly cost reports will be submitted to the City as a component of the monthly progress report.
The Ardurra CM team will review the payment applications submitted by the contractor and determine whether the amount requested reflects the progress of the contractor’s work.
When the payment application is acceptable and backup
documentation is verified (certified payrolls, lien releases), Ardurra will prepare and forward to the City for processing.
The Ardurra team is experienced with evaluating complex pay applications. It is critical to the City’s best interest that payment application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the projects.
CASH FLOW MANAGEMENT (PRELIMINARY
NOTICES, RELEASES AND STOP NOTICES). Ardurra
recognizes that the diligent monitoring and tracking of preliminary notices, conditional and unconditional releases is an important component of public construction management, enables the team to stay abreast of the construction contract cash flow, and provides for excellent documentation of
prompt payment as required by federal funding.
The CM team will maintain a detailed log of preliminary notices and require conditional and unconditional releases from the contractor for first-tier subcontractors and any-tier subcontractors that submit a preliminary notice. Proactive monitoring of releases typically minimizes the incidences of stop notices. Should any stop notices be received, Ardurra will work proactively with the contractor to address release of the stop notice and withhold 1 50% of the stop notice amount from progress and/or retention payments until the proper unconditional release is documented.
LABOR COMPLIANCE. Ardurra’s labor compliance
specialists work proactively and cooperatively with contractors to monitor and enforce the municipality’s and funding agency’s requirements. Our experts have a working knowledge of labor compliance requirements on State DIR-controlled projects, as well as Federal Davis-Bacon controlled projects necessary to assist the City with assuring compliance with project funding requirements.
DELIVERY OF RECORD DRAWINGS AND CLOSEOUT
DOCUMENTS. Ardurra will periodically review the contractor’s as-built updates on the approved job plan set, identify missing items, and require the contractor to keep as-built records up to date throughout the project as required by the specifications.
Ardurra will review the contractor’s submittal of “as-constructed” conditions and compare this submittal to Ardurra’s own
documentation. Discrepancies will be discussed, resolved, and recorded. Completed record drawings will be submitted to the City.
Ardurra will perform closeout duties, including final organization of project files, and submit to the City for final approval. Ardurra will also assist with the filing of the Notice of Completion and Release of Retention.
POST-CONSTRUCTION SUPPORT. Ardurra can assist
the City with resolution of post-construction issues such as user department inquiries and issues, resolution of stop notices or notices from the labor commissioner on a time-and-materials basis upon the City’s request.
INSPECTION SERVICES
DAILY INSPECTION. Inspection services will include, but are not limited to, the tasks listed below and will be performed daily. ▪ Review and familiarize contract documents.
▪ Participate in pre-construction meetings, other meetings, and conferences, as required.
▪ Be present at all times, including weekends (if necessary), when construction is in progress.
▪ Review and in conjunction with the City’s project manager, enforce the contractor’s proposed construction schedule. ▪ Monitor and document the contractor’s compliance with plans, specifications, and referenced standards.
▪ Assist in the review of “submittals” required by the
specifications.
▪ Assist with coordination between City’s project manager, contractor, and any other entities that may be involved. ▪ Review contractor performance and expedite corrective measures for discrepancies as they occur.
▪ Coordinate surveys and staking, furnishing grades as
necessary to the contractor, and check structure-related surveys.
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20 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
▪ Coordinate and provide assistance and direction to
technicians performing material tests. Measure the work- in-place to verify quantities.
▪ Closely monitor testing results and require contractor to take corrective actions if results are unsatisfactory.
▪ Assist with public outreach. Document and respond to
public inquiries, monitor, and document compliance
with working hours, noise levels, and dust mitigation
requirement.
▪ Review and make recommendations for the processing of payment requests.
▪ Assist with the consideration, negotiation, and processing of change orders.
▪ Conduct employee interviews in conformance with
the Davis-Bacon Act and/or other funding agency
requirements.
▪ Prepare daily inspection reports (daily activity report, weekly statement of working days) including photographs. ▪ Measure and track quantities of satisfactorily completed improvements.
▪ Monitor contractor’s implementation of approved traffic control measures. Drive routes with active detours and/ or lane closures daily to confirm or require correction in compliance with approved traffic control plans, WATCH
Manual, Manual on Uniform Traffic Control Devices
(MUTCD) and/or Caltrans Traffic Control Manual, as
applicable.
▪ Review items requiring corrective action with the
contractor and the City and develop punch list items and monitor corrections made.
▪ Issue field correction notices and respond to RFIs.
▪ Prepare redline set of as-built plans.
▪ Coordinate inspection activities with other jurisdictions, if applicable.
▪ Strictly enforce requirements for health and public safety on the project.
▪ Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving, concrete form work reinforcement, and other related
work.
▪ Landscape architect review and approval of materials
for landscape features on the project (plant/tree
selection, product submittal and sample reviews,
irrigation installation inspection and coverage test, proper installation and plantings and maintenance).
▪ Maintain a redline set of as-built (record) information. ▪ Prepare project punch list at substantial completion and follow-up.
TRAFFIC MANAGEMENT COORDINATION. Ardurra
will oversee proper implementation of the traffic control plans by the contractor and require corrections and diligent maintenance when required. Ardurra will coordinate review of any traffic control plans required to address special situations and monitor the contractor’s compliance with the Traffic Handling Plans, the MUTCD, or as otherwise provided for in the specifications. Apparent conflicts with adjacent or nearby projects will be addressed and coordinated. The contractor will be required to clearly correlate traffic control phasing in the CPM schedule work breakdown structure. Traffic control will be a standard discussion and coordination item at weekly progress meetings.
DAILY CONSTRUCTION OBSERVATION REPORTS.
Ardurra and/or the deputy/specialty soils and materials inspectors will compile daily observation reports documenting the contractor’s workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues, and directions given to the contractor. Completed daily reports will be transmitted to the City on a weekly basis.
PHOTOGRAPHS. Ardurra prepares and maintains an
electronic photo journal documenting the construction
progress. Photos shall be taken before construction begins, during construction, and upon completion of the project.
WEEKLY STATEMENT OF WORKING DAYS. Ardurra
will prepare a weekly statement of working days (WSWD), in conformance with documenting the construction progress, time of completion, delays and time extensions, and submit to the contractor and the City on a weekly basis. The WSWD is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes.
PRE-FINAL INSPECTION. The construction manager
and inspector will coordinate with appropriate project
stakeholders, perform the final job walk, and prepare the punch list (deficiency list). Ardurra will coordinate, expedite, and observe completion of required corrections.
FINAL INSPECTION. Satisfactory completion of punch list items is verified before Ardurra recommends processing of the Notice of Completion. Ardurra is noted for attention to detail.
Not only have we excelled at closing out our own projects, but we have been requested to and successfully closed out problem city projects in which our services were not initially utilized.
Upon completion of the punch list and final sign-off by project stakeholders, Ardurra will make a recommendation to the City regarding the contractor’s final progress payment request and prepare the final progress payment report for submission to the City.
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(8)
FEE PROPOSAL
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21 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
fEE ProPoSal8
As required in the RFP , we have attached a hard copy of our Fee Proposal in a separate sealed envelope and also submitted a separate PDF electronically.
103
(9)
INSURANCE
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22 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
inSurancE9
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/31/2025
(703) 827-2277 (703) 827-2279
25615
Ardurra Group, Inc.
1000 NW 57th Court, Suite 800
Miami, FL 33126
25623
25674
20079
A 1,000,000
630-5X487435 1/1/2026 1/1/2027 1,000,000
Contractual Liab. 15,000
1,000,000
2,000,000
2,000,000
1,000,000B
810-5X558309 1/1/2026 1/1/2027
15,000,000C
CUP-5X642114 1/1/2026 1/1/2027 15,000,000
10,000
C
UB-5X489557 1/1/2026 1/1/2027 1,000,000
N 1,000,000
1,000,000
D Professional Liab. 42-EPP-306878-08 1/1/2026 Per Claim/Aggregate 10,000,000
EVIDENCE OF COVERAGE
ARDURRA-01 KSUTTON
Ames & Gough
8300 Greensboro Drive
Suite 980
McLean, VA 22102
[email protected]
Charter Oak Fire Insurance Company A++ (XV)
Phoenix Insurance Company A++, XV
Travelers Property Casualty Company of America, A++, XV National Fire & Marine Insurance Company A++ X
X
1/1/2027
X
X
X
XX
X
X
X
X
Ardurra is able
to meet the
City’s required
contract
minimum
insurance
policy limits, as
set forth in the
RFP.
105
(10)
LITIGATION
106
23 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
litigation10
litigatioN diScloSure
Because of size and volume of its business, Ardurra Group, Inc. has occasionally been named in litigation arising out of the ordinary conduct of its business. It is the opinion of management that the resolution of any ongoing matters will not materially affect the financial position of the company, the company’s operations, or the company’s ability to perform the services being solicited in the City of Ontario’s, Request for Proposal for On-Call Construction Management and Inspection Services No. 1 987 .
Below is a list of litigation involving Ardurra Group, Inc. in the last five years related to the provision of services defined in the RFP.
Matter Caption Maria M. Valdivia Zuniga vs. Magdalena Feefe, Et Al Docket Information Superior Court of California, County of San Diego, North County Division Case No. 24CU0 1 8579N
Date October 2, 2025
Summary of Matter Motor vehicle accident and allegations against parties involved in a water utility improvement project in Oceanside, California.
Status Matter is ongoing. Ardurra denies all allegations.
Matter Caption Pamela Fischer v. Ramona Municipal Water District, Griffith Company, Ardurra Group, Inc. DOES 1 to 20, inclusive
Docket Information Superior Court of California, County of San Diego Case No. 25CU036686C
Date January 9, 2026
Summary of Matter
Personal injury and other allegations against parties involved in a water utility improvement project in unincorporated area of Ramona in San Diego County, California.
Status Matter is ongoing. Ardurra denies all allegations. 107
(1 1)
OTHER INFORMATION
108
24 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
othEr information11
a. ability to Staff taSkS efficieNtly & comPlete ProJectS oN time aNd WithiN budget Ardurra’s wide range of in-house capabilities makes us capable of providing the right staff for each task. This allows us to tailor every project and work with clients to reasonably obtain budget and schedule objectives. Our flexibility is a reason clients continually return to Ardurra for their professional engineering needs.
We are committed to your success with our tried and true on-call process to deliver complex projects while keeping you informed and your funding protected. Our leadership group is constantly balancing staffing and workload to be sure our team is available and engaged when you need us most.
Our proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well-trained in problem solving. Issues are processed with a sense of urgency and presented to our client with suggested alternatives, cost and schedule impacts, and recommended solutions. The construction management team will quickly implement the alternative that best suits the interests of the project and the agency. Ardurra’s effective and expeditious communication with all parties has enabled our team to identify conflicts, construction problems, and coordination issues early, thus minimizing delays and reducing cost. Specific examples of these project are included in Section 6, Experience and Technical Competence, b. Project Specific Experience. b. commuNity iNvolvemeNt
Ardurra employees actively participate and contribute to the communities where we live and work. By pursuing leadership opportunities within engineering organizations, our employees have influenced programs that reach out to a diverse population. Moreover, by volunteering as leaders, Ardurra employees directly contribute their time and energy to the benefit of the engineering community and communities in which we work.
Ardurra Employee Community Service Involvement
Diversity, Equity, and Inclusion: Dolores Salgado, PE has been serving as Chair for the DEI committee since 2020. The American Council of Engineering Companies in California (ACEC-CA) consists of more than 22 chapters in the state. As a statewide organization, they are dedicated to enhancing the consulting engineering and land surveying professions, protecting the public and promoting use of the private sector in the growth and development of our state. The mission of the DEI committee is to promote diversity, equity, and inclusion with ACEC-CA member firms and public agencies by increasing awareness, demonstrating value, and providing resources to support member firms seeking to implement diversity, equity, and inclusion strategies. The committee hosts webinars and serves as a resources to member firms seeking to diversify their workforce and retain their employees by creating a culture of inclusion within their organization.
Introduce a Girl to Engineering Day: Dolores Salgado,
PE, spearheaded the second annual “Introduce a Girl 2
Engineering” (IGE) event held at Bakersfield College. The event concept was derived by ACEC-CA in support of their Diversity, Equity, and Inclusion Committee’s initiatives. ACEC- CA was interested in sponsoring an event to increase the number of women entering engineering careers to meet the demand of our industry. We partnered with the Bakersfield College Math Engineering and Science Achievement
Program (BC-MESA) because the BC-MESA Program
outperforms the College STEM Program in student retention, 109
25 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
grade point average and transfer rates. The event targeted 9th and 1 0th grade girls from schools in Kern County that feed into this community college. More than 1 40 girls attended and met professional women engineers, learned about different engineering careers, toured the college campus, and participated in a hands-on competition. Ten scholarships were raffled off and competition winners received prizes!
c. PreviouS iNvolvemeNt With the city
Our team has been involved in several projects for the City of Ontario/Ontario Utilities company including the following:
▪ On-Call Construction Management and Inspection for Various Projects ▪ Ontario Regional Sports Complex Offsite Improvements
▪ SM2302 Sultana Storm Drain
▪ Grove Avenue and Hold Boulevard Intersection Widening and Sewer Improvements
▪ TCC Active Transportation Projects A&B
▪ Water Improvement Plan for Transit Street, Emporia Street, Palm Avenue, and Laurel Avenue
▪ UT1 032 On-Call Professional Engineering Services
▪ UT1 0 1 3 San Antonio Transmission Watermain, Phase 1 ▪ UT1 046 San Antonio Transmission Watermain, Phase 2 - 8th Street
▪ UT1 038 Risk & Resilience
▪ UT1 050 Ontario Ranch Phase 2 Water Improvements
▪ City’s Annual Land Use Control Inspection - Bon View
▪ UT1 065 FY2023/24 Water Main Improvements
▪ UT1 066 Downtown Water Main Improvements
▪ UT1 067 Laurel Avenue Sewer Main Improvements
▪ UT1 069 Sultana Avenue Sewer Main Improvements
▪ UT1 070 Nocta Street Sewer Main Improvements
▪ UT 1 072 Euclid Avenue Recycled Water Improvements
▪ UT1 077 Nocta Street Sewer Lateral
▪ 935 E Hold Blvd Demolition
▪ SD063 Fourth Street Storm Drain
d. coNflict of iNtereSt
Ardurra Group, Inc. has no conflict of interest in connection with providing the services listed in the RFP for the City of Ontario’s On-Call Construction Management and Inspection Services, No. 1 987 . 110
(1 2)
CERTIFICATE OF PROPOSAL
111
26 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
cErtificatE of ProPoSal12
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”
Dino D’Emilia, PE, F.ASCE, QSD
California Public Works Practice Director
Ardurra Group, Inc.
[email protected] | cell: 7 1 4.458.0703
112
(13)
APPENDICES
113
27 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
aPPEndicES13
09959.00000\7251094.1
City of Ontario
NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The b idder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or i ndirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent the reof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that t he foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state].
Name of Bidder
Signature
Name
Title
Dated
California Public Works
Practice Director Ardurra Group, Inc
May 5, 2026 Newport Beach California Ardurra Group, Inc.
Dino D’Emilia, PE, F.ASCE, QSD
California Public Works Practice Director
May 5, 2026
114
28 CITY OF ONTARIO NOTICE #1 987
On-Call Construction Management & Inspection Services
MARTHA NAPIER, CCM, PMP , LEED AP
SENIOR CONSTRUCTION MANAGER/INSPECTOR
Martha is a highly accomplished executive leader and program management professional with 30+ years of extensive experience in change management, cost estimation, budgeting, schedule planning, quality assurance, and process improvement. She has proven expertise in both private and government sectors, including the Department of Defense, U.S. Air Force, U.S. Marine Corps, U.S.
Navy, city government, and Caltrans. Some of her projects include:
▪ Grove Avenue and Holt Boulevard Intersection Widening, City of Ontario. Construction Manager
▪ Jefferson Avenue Interconnection Project, Western Municipal Water District. Construction Manager
▪ Ball Road and Douglass Road Water Mains, City of Anaheim. Project/Construction Manager ▪ Hypo Tank Basin Relocation, City of Anaheim. Project Manager ▪ On-Call Construction Management, City of Yorba Linda, City of Fullerton, City of Irvine.
Construction Manager
▪ Imperial Highway Widening, City of Yorba Linda. Construction Manager ▪ Central Avenue Realignment, City of Chino. Lead Inspector ▪ Emergency Operations Center (EOC), City of Palmdale. Project Manager ▪ Fairview Road Active Transportation and Rehabilitation (from Fair Drive to Newport Boulevard), City of Costa Mesa. Construction Manager
▪ Melrose Street Grade Separation, City of Placentia. Construction Manager
EDUCATION
Executive MBA
BS, Civil
Engineering
REGISTRATIONS/
CERTIFICATIONS
Certified
Construction
Manager #2270
Project
Management
Professional #
1 508784
LEED Accredited
Professional
additioNal key Staff reSumeS
JAMES FLANNIGAN, PE
SENIOR CONSTRUCTION MANAGER/INSPECTOR
Over the course of his 1 3 year career, James has managed a variety of public projects for various cities, including roadway rehabilitation and upgrading traffic signals; water, sewer, and storm drain improvements; buildings and facility upgrades; and community park enhancements. His responsibilities included civil engineering; project management; construction management; project coordination between city departments, outside agencies, and the public; budget and schedule oversight; preparing complete plans and specifications; project bid and award of contracts; contract administration; issuing and obtaining permits; and supervising staff.
While working at Ardurra, James has become proficient with City of Ontario preferred materials, standard drawings, and construction requirements through helping the City with inspection and submittal review services for various City CIP projects and developer right-of-way permits. Some of his projects include:
▪ Van Ness Avenue Water Wells and Transmission Main Project, City of Torrance. Project Manager
▪ Miscellaneous Water Main Replacement Project, City of Torrance. Project Manager ▪ North Torrance Well Field Project, Phase III Project, City of Torrance. Project Manager ▪ Manhattan Beach Boulevard Resurfacing Project (Aviation Boulevard to Inglewood Avenue), City of Redondo Beach. Inspector
▪ Residential Street Rehabilitation, Area 8 Project, City of Rancho Palos Verdes. Project Manager ▪ Anza/Vista Montana/Pacific Coast Highway Intersection Improvements, City of Torrance.
Project Manager
▪ McAdam Park Renovation, City of Palmdale. Project/Construction Manager ▪ Storm Drain Lining & Sewer System Improvements, City of Torrance. Project Manager
EDUCATION
BS, Civil
Engineering
REGISTRATIONS/
CERTIFICATIONS
Professional
Engineer, CA #
C 9 2115
115
3737 Birch Street, Suite 250 | Newport Beach, CA 92660 | 949.428.1500 | www.ardurra.com 116
BB&K (2024) 18 AGREEMENT FOR PROFESSIONAL SERVICES
46700.00100\33225203
EXHIBIT "B"
COMPENSATION
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
Department: Engineering
Prepared By: Antonio Alejos
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Khoi Do, Rene Guerrero, Andrea
Ampig
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:
A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 19970 GENERALLY LOCATED ON CYPRESS
AVENUE BETWEEN FRANCIS STREET AND CEDAR STREET
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security, and Final Parcel Map No. 19970, generally located on Cypress Avenue between Francis Street and Cedar Street.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:
There is no direct fiscal impact associated with this action. All public infrastructure improvements required for this project will be constructed by the Developer at its sole cost.
BACKGROUND & ANALYSIS:
KN Homes, LLC ("Developer") has submitted Final Parcel Map No. 19970, consisting of three numbered lots on approximately one acre of land, as shown on Exhibit A. Tentative Parcel Map No. 19970 was approved by the Planning Commission on November 26, 2019.
The Final Parcel Map improvements will include sewer, water, and parkway landscaping. All landscape improvements will be consistent with current City's Landscape Development Guidelines and the Model Water Efficient Landscape Ordinance.
The Developer has entered into an Improvement Agreement with the City for Final Parcel Map No. 19970 and posted adequate security to ensure construction of the required improvements. This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
132
MISSION BLVD
PHILLIPS ST
FRANCIS ST
BELMONT ST
60 FREEWAY
PHILADELPHIA ST
MOUNTAIN AVE
EUCLID AVE
GROVE AVE
PROJECT
LOCATION
PARCEL
1 PARCEL
2 PARCEL
3 Legend
PL
Property Line
CF
Curb Face
PL
PL
PL
PL
PL
CF
CF
CF
CF
CF
CF
CF
CYPRESS AVENUE
MANZANITA
COURT
NORTH
CITY OF ONTARIO
ENGINEERING DEPARTMENT
PROJECT
NO.
PM-19970
KN HOMES, LLC
EXHIBIT A
PM-19970
NORTH
Not To
Scale
Not To Scale
133
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 19970
GENERALLY LOCATED ON CYPRESS AVENUE BETWEEN FRANCIS
STREET AND CEDAR STREET.
WHEREAS, Tentative Parcel Map No. 19970, submitted by KN HOMES, LLC., was approved by the Planning Commission of the City of Ontario on November 26, 2019; and
WHEREAS, Tentative Parcel Map No. 20526 consists of 3 numbered lots, in the City of Ontario, County of San Bernardino, State of California, being a subdivision of Lot 27 of Tract No . 9411, as shown on a map recorded in Book 132 Pages 55 through 57, inclusive, of maps, recorded in the Office of the County Recorder of said county; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 19970, KN Homes, LLC. has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:
1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and
2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney.
3. That Final Parcel Map No. 19970 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 18th day of August 2026.
_____________________________________
PAUL S. LEON, MAYOR
134
ATTEST:
________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________
BEST, BEST & KREIGER LLP
CITY ATTORNEY
135
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HE REBY CERTIFY that the foregoing Resolution No. 2026- was duly passed and adopted by the City Council of the City of Ontario at its regular meeting held August 18, 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 August 18, 2026.
_____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
136
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138
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140
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143
144
145
146
147
148
149
150
151
152
153
154
155
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159
160
161
162
163
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165
166
167
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169
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Department: Management Services
Prepared By: Brandi Belmontes
Staff Member Presenting: Darlene M. Sanchez,
Assistant City Manager
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:
DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council designate Council Member Debra Porada as the City's voting delegate and Council Member Daisy Macias as the alternate voting delegate for the League of California Cities Annual Conference General Assembly, scheduled for September 23–25, 2026.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:
There is no direct fiscal impact associated with this action. However, participation in the League of California Cities Annual Conference General Assembly provides the City with representation in the League's policymaking process on issues that may affect the City's future financial and legislative interests.
BACKGROUND & ANALYSIS:
The League of California Cities has scheduled its Annual Conference and General Assembly for September 23–25, 2026, in Anaheim, California. During the General Assembly, voting delegates from member cities will consider and act on resolutions that establish League policy on issues affecting California cities. Consistent with the League's bylaws, each member city must designate a voting delegate and an alternate voting delegate through formal action by its City Council.
173
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
T
O: Mayors, Council Members, City Clerks, and City Managers RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
E
very year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Ta
king place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To c
ast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
A
ction by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
F
ollowing council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
S
ubmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
C
onference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
F
or a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
174
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• G
eneral Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 175
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
176
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 177
Department: Innovation, Performance and Audit
Prepared By: Lily Ramirez
Staff Member Presenting: Jordan Villwock,
Deputy City Manager
Reviewed By: Vanny Khu
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:
AN AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH ENVISIO SOLUTIONS, INC. FOR PERFORMANCE MANAGEMENT AND STRATEGIC
PLANNING SOFTWARE SERVICES
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 5 to the Master Services Agreement with Envisio Solutions, Inc. for continued performance management and strategic planning software services through the Polco Track add-on module in the amount of $36,000, over a 3-year term, increasing the not-to-exceed amount to $342,025.
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Operate in a Businesslike Manner
FISCAL IMPACT:
The Fiscal Year 2026-27 Adopted Budget includes appropriations from the Information Technology Fund for continued performance management and strategic planning software services. The proposed Amendment No. 5 is in the amount of $36,000, increasing the total not-to-exceed agreement amount from $306,025 to $342,025. If approved, appropriations will be added to the future years’ budgets consistent with the annual budget adoption process.
BACKGROUND & ANALYSIS:
On July 1, 2023, the City of Ontario entered into a Master Services Agreement with Envisio Solutions, Inc., a provider of cloud-based performance management and strategic planning software. The Envisio platform allows City departments to align work plans to citywide goals, track key performance indicators, and report strategic plan progress to City leadership and the public. The City utilized a non-competitive procurement process for Envisio's services due to the specialized knowledge and expertise required to provide these services, as well as the limited number of qualified experts in this field.
Amendment No. 1, executed on May 1, 2024, added the ASO KPI Dashboard buildout to the scope of services and increased the total not-to-exceed Agreement amount by $8,000. Amendment No. 2, dated June 1, 2024, incorporated Polco Track into the agreement, a module that provides the City with specific performance measures, benchmarks, and scores derived from publicly available datasets at a cost of $ 12,900. Amendment No. 3, dated June 16, 2025, extended the Polco Track 178
subscription for one year, at a cost of $12,000. Amendment No. 4, dated June 19, 2026, extended the Agreement for five years at an annual rate of $34,125, for a revised total not-to-exceed agreement amount of $306,025 for the continuation of KPI dashboard services.
The proposed Amendment No. 5 would extend the Polco Track add-on module subscription for three years at a cost of $12,000 annually. Envisio waived all annual price increases, increasing the total not-to-exceed agreement amount by $36,000 for a revised amount of $342,025. Continuing with the Polco Track add-on module subscription ensures operational continuity, and Staff recommends approval to allow uninterrupted continuation of services. 179
1. Prices set forth in this quote are valid for the period stated. All prices are quoted in US Dollars and are exclusive of applicable taxes.
Customer is responsible for any sales, use, excise, or similar taxes imposed on amounts payable under this Agreement. If Envisio is required by law to collect such taxes, they will be added to the invoice unless Customer provides a valid tax-exemption certificate.
2. Travel and other reasonable business expenses will be reimbursed when incurred at Customers' request. Such expenses must be approved in advance by Customer.
3. Acceptance of this quote is acceptance of the accompanying Master Services Agreement (MSA) or a previously signed MSA in the event of renewal/upsell.
Payment methods: ACH, Wire or Check
Remit to email: [email protected]
ACH/Wire Payment To
Account Name: Envisio Solutions Inc. | Bank: Silicon Valley Bank | Bank Address: 3003 Tasman Dr. Santa Clara, CA 95054 ABA/ACH Routing #: 121140399 | Account #: 3303262267 | Account Type: Checking Terms and Conditions
Date: _________________________Name: ________________________________________ Signature: _____________________________________
USD 36,000.00Total Price
USD 36,000.00Subtotal
[email protected]
Heather LeePrepared By
17/06/2026Expiration Date
09/07/2026Created Date
1701515Quote Number
[email protected]
Jordan VillwockContact Name
303 E B St
Ontario, California 91764-4105
United States
Bill To
City of Ontario, CABill To Name
Product Description Quantity Sales Price Total Price
Year 1 - 3 - Polco Track - Annual Subscription with Unlimited Licenses 1.00 USD 12,000.00 USD 12,000.00 Year 2 - 3 - Polco Track - Annual Subscription with Unlimited Licenses 1.00 USD 12,000.00 USD 12,000.00 Year 3 - 3 - Polco Track - Annual Subscription with Unlimited Licenses 1.00 USD 12,000.00 USD 12,000.00 Quote Accepted By:
180
Department: Planning
Prepared By: Alexis Vaughn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: Thomas Grahn
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:
A DEVELOPMENT CODE AMENDMENT FILE NO. PDCA26-002 REVISING AND
CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT
CODE PURSUANT TO AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
CITY OF ONTARIO
Agenda Report
August 18, 2026
SECTION:
CONSENT CALENDAR
RECOMMENDATION:
That the City Council adopt an Ordinance approving File No. PDCA26-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0
(Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use),
6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code.
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 21, 2026, the City Council introduced and waived further reading of an Ordinance approving the Development Code Amendment, File No. PDCA26-002.
PROJECT SETTING:
The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (32,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built-out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario’s 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario’s population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.
PROJECT ANALYSIS:
The proposed Development Code Amendment is comprised of certain 181
clarifications and revisions to the City of Ontario Development Code, as follows:
(1) Revise Chapter 2.0 (Administration and Procedures), Section 2.03.010.C.1.b (2) – Public Hearing Notification, such that discretionary and legislative projects have the same 600-foot public noticing boundary; and, Table 2.02-1: Review Matrix, to clarify the Approval Authority for Electric Truck Vehicle Charging Facilities (for equipment and for ancillary construction), and for Semi-Trailer Storage Yard Facilities.
(2) Revise Chapter 4.0 (Permits, Actions, and Decisions), Section 4.02.025.B.2 – Development Plans, to provide clarification regarding the development of an Electric Vehicle Charging Facility or a Semi- Trailer Storage Yard Facility.
(3) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to: 1) include bowling centers and simulated racing facilities (limited to go-carts, radio-controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privately operated on publicly-owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District.
(4) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charging facilities as a conditionally-permitted land use; and introduce Section 5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations for the land use.
(5) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally-permitted land use; and introduce Section 5.03.357: Semi-Trailer Storage Yard Facilities to the Development Code to establish regulations for the land use.
(6) Revise Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to:
1) update the name of the Ontario Toyota Arena Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone.
(7) Revise Chapter 6.0 (Development and Subdivision Regulations), Table 6.01-8: Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet.
(8) Revise Chapter 6.0 (Development and Subdivision Regulations), Section 6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi-Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities.
(9) Revise Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs.
The proposed provisions of the Development Code Amendment are shown in Attachment A 182
(Development Code Amendment) of the appended Resolution. Any provisions proposed for deletion are shown in red strikeout text (Abcdefg) and all additions are shown in blue underlined text (Abcdefg).
AIRPORT LAND USE COMPATIBILITY PLAN COMPLIANCE:
The California State Aeronautics Act
(Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan (ALUCP) be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted ALUCP.
(1) Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) — On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, Planning Commission has concluded that the proposed Development Code Amendment is consistent with the policies and criteria set forth within the ONT ALUCP.
(2) Chino Airport Land Use Compatibility Plan (CNO ALUCP) — On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, CNO ALUCP. The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity.
The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Development Code Amendment may affect certain land development criteria on certain properties located within the Airport Influence Area of Chino Airport, which have been evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As a result, the Planning Commission has concluded that the proposed Development Code Amendment is consistent with the policies and criteria set forth within the CNO ALUCP.
HOUSING ELEMENT COMPLIANCE:
The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element.
PLANNING COMMISSION REVIEW:
On June 23, 2026, the Planning Commission held a public hearing on the proposed amendments to the City of Ontario Development Code and voted (6-0) recommending that City Council adopt an Ordinance approving File No. PDCA26-002, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0
183
(Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use),
6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code pursuant to an exemption under the California Environmental Quality Act.
ENVIRONMENTAL REVIEW:
The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. (Muzzy Ranch Co. v. Solano County Airport Land Use Comm'n (2007) 41 Cal.4th 372, 380.) Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Per the Supreme Court's ruling in Muzzy Ranch, the application of the commonsense exemption is decided based on whether record evidence supports the exemption, and no further evaluation by the City is required. The City need not engage in detailed or extensive fact-finding to make this determination as long as there is substantial evidence "appropriate to the CEQA stage in issue." (Muzzy Ranch, 41 Cal.4th at 388.) Specifically:
(1) The proposed amendments to Chapter 2.0 (Administration and Procedures), Section
2.03.010.C.1.b (2) - Public Hearing Notification, such that discretionary and legislative projects have the same 600-foot public noticing boundary, and providing additional clarity regarding the Approving Authority and Appeal Authority for Table 2.01-2: Review Matrix are procedural in nature and are intended to establish consistency in noticing requirements across application types and provide clarification for public hearing pathways. The modifications have no potential for resulting in a significant effect on the environment.
(2) The proposed amendment to Chapter 4.0 (Permits, Actions, and Decisions), Section
4.02.025.B.2 – Development Plans, to provide clarification regarding the development of an Electric Vehicle Charging Facility or a Semi-Trailer Storage Yard Facility is procedural in nature and has no potential, by itself, to result in a significant effect on the environment.
(3) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to: 1) include bowling centers and simulated racing facilities (limited to go-carts, radio-controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privately operated on publicly-owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District are procedural in nature. The modification establishes the requirement for Conditional Use Permit review for recreational facilities. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. The modification also provides clarification regarding the prohibition of ancillary massage services in the MU-1 Zoning District. As such, the proposed amendments have no potential, by themselves, to result in a significant effect on the environment.
(4) The proposed amendment to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charging facilities as a conditionally-permitted land use; and introduce Section
5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations 184
for the land use is procedural in nature. The modification brings this Development Code into compliance with Government Code 65850.7, which stipulates that EV charging equipment shall be reviewed administratively. Further, it establishes the requirement for Conditional Use Permit review for all applicable site improvements and establishes development and operational regulations. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment.
(5) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally-permitted land use; and introduce Section 5.03.357: Semi- Trailer Storage Yard Facilities to the Development Code to establish regulations for the land use is procedural in nature, as the modification establishes the requirement for Conditional Use Permit review and establishes development and operational regulations. Any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment.
(6) The proposed amendments to Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to: 1) update the name of the Ontario Toyota Arena Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone, are administrative and procedural in nature. Updating the name of the Entertainment Zone is administrative in nature and has no potential for causing a significant effect on the environment. Introduction of a new subsection to support the Ontario Sports Empire Entertainment Zone is similarly administrative and procedural, as it clarifies further the regulations previously established within the Development Code regarding sales and service of alcoholic beverages within Entertainment Zones. Further, the amendment would not in and of itself permit development of any kind nor reduce any existing limitations on development. Therefore, this amendment has no potential for causing a significant effect on the environment.
(7) The proposed amendment to Chapter 6.0 (Development and Subdivision Regulations), Table
6.01-8 – Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet is procedural in nature, as it allows a higher height for buildings within the affected zone. It does not propose to increase the development intensity, and any future development projects would be subject to environmental review prior to approval, as part of a Development Plan application, and would be appealable. As such, this amendment has no potential, by itself, to result in a significant effect on the environment.
(8) The proposed amendment to Chapter 6.0 (Development and Subdivision Regulations), Section
6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi-Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities, is procedural in nature and introduces requirements intended to reduce potential nuisances associated with the land uses. As such, this amendment has no potential for causing a significant effect on the environment.
185
(9) The proposed amendment to Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs, is administrative in nature, as it clarifies the existing height provision for consistency with the built environment, when the adjacent freeway grade is different than that of the project site. Therefore, this amendment has no potential for causing a significant effect on the environment. 186
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA 26-002, A DEVELOPMENT
CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 4.0 (PERMITS, ACTIO NS, AND DECISIONS), 5.0 (ZONING AND LAND USE ), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8. 0 (SIGN REGULATIONS) OF THE CITY OF
ONTARIO DEVELOPMENT CODE PURSUANT TO AN EXEM PTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALI TY ACT , AN D MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, THE CITY OF ONTARIO (Applicant) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA26 -002 as described title of this Ordinance (hereinafter referred to as Application or Project); and
WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide i mpact, affecting approximately 50 square miles (32,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public h ealth, safety, and general welfare of its citizens; and
WHEREAS, the Ontario Development Code implements federal and state planning, zoning, subdivision, and environmental laws to guide orderly development of the City in a manner that promotes and protect s the public health, safety, comfort, convenience, prosperity, and welfare of its residents; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise Chapter 2.0 (Administration and Procedures), Section
2.03.010.C.1.b (2) – Public Hearing Notification, such that discretionary and legislative projects have the same 600 -foot public noticing boundary; and, Table 2.02 -1: Review Matrix, to clarify the Approval Authority for Electric Truck Vehicle Charging Facilities (for equipment and for ancillary construction), and for Semi-Trailer Storage Yard Facilities.
187
(2) Revise Chapter 4.0 (Permits, Actions, and Decisions), Section 4.02.025.B.2 – Development Plans, to provide clarif ication regarding the development of an Electric Vehicle Charging Facility or a Semi-Trailer Storage Yard Facility.
(3) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to: 1) include bowling centers and simulated racing facilities (limited to go -carts, radio -controlled vehicles, and other similar facilities) as conditionally-permitted land uses within the Open Space – Recreation (OS-R) zoning district when privat ely operated on publicly -owned land; and 2) prohibit massage services ancillary to day spas and wellness centers within the MU-1 Zoning District.
(4) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce electric truck vehicle charg ing facilities as a conditionally -permitted land use; and introduce Section 5.03.163: Electric Truck Vehicle Charging Facilities to the Development Code to establish regulations for the land use.
(5) Revise Chapter 5.0 (Zoning and Land Use), Section 5.02.010 – Allowed Land Uses, Activities and Facilities, to modify Table 5.02-1: Land Use Matrix to introduce semi-trailer storage yard facilities as a conditionally -permitted land use; and introduce Section 5.03.357: Se mi-Trailer Storage Yard Facilities to the Development Code to establish regulations for the land use.
(6) Revise Chapter 5.0 (Zoning and Land Use), Section 5.03.025.H.3 - Alcoholic Beverage Sales, to: 1) update the name of the Ontario Toyota Are na Entertainment Zone (OTAEZ) to the Capital City Entertainment Zone; and, 2) add a new subsection to support the Ontario Sports Empire Entertainment Zone, including new standards and Figure 5.03-2: Ontario Sports Empire Entertainment Zone.
(7) Revise Chapter 6.0 (Development and Subdivision Regulations), Table
6.01-8: Commercial Zoning District Development Standards, to increase the maximum height within the Light Office (OL) zoning district from 35 feet to 55 feet.
(8) Revise Chapter 6.0 (Development and Subdiv ision Regulations), Section
6.02.025.A.3 – Design Standards for Nonresidential Zoning Districts, to include standards for the screening of Semi -Trailer Storage Yard Facilities and Electric Truck Vehicle Charging Facilities.
(9) Revise Chapter 8.0 (Sign Regulations), Section 8.01.020 – Sign Standards, Table 8.01-1: Sign Regulation Matrix to clarify the maximum height of freeway signs.
WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02 -1 (Review Matrix) assigns the City Council the responsibility and authority to review and act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and
188
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on June 23, 2026, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC26-030, recommending the City Council approve the Development Code Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:
SECTION 1: As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the ad ministrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Development Code Amendment , as documented in the Agenda Report, is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The determination that the Development Code Amendment is not subject to CEQA reflects the inde pendent judgment of the City Council.
SECTION 2: Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Development Code Amendment, the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
SECTION 3: The California State A eronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be con sistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
189
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As th e decision- making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2- 5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision -making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.
SECTION 4: Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (TOP). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP ’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals th rough the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City resources in commercial and residential neighborhoods. 190
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be co ntrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.
SECTION 5: Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached here to as “Attachment A,” and incorporated herein by this reference.
SECTION 6: 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, Onta rio, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 7: If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of t his Ordinance are severable.
The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 8: This Ordinance shall become effective 30 days following its adoption.
SECTION 9: The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following 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 18th day of August 2026.
_____________________________________
PAUL S. LEON, MAYOR
191
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
192
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHELIA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 3339 was duly introduced at a regular meeting of the City Council of the City of Ontario held on July 21 , 2026 , and adopted at the regular meeting held on August 18, 2026, by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the following is the original of Ordinance No. 3339 duly passed and adopted by the Ontario City Council at their regular meeting held on August 18, 2026, and that Summaries of the Ordinance were published on July 28, 2026 , and August 25, 2026, in the Inland Valley Daily Bulletin newspaper.
SHELIA MAUTZ, CITY CLERK
(SEAL)
193
ATTACHMENT A:
File No. PDCA26-002
2026 Development Code Amendment No. 2
(Document to follow this page)
194
Chapter 2.0:
Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
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Ontario Development Code Page 2.01-1 (Rev. 12.01.2020)
Division 2.01—Planning Agency
Sections:
2.01.000: Purpose
2.01.005: Applicability
2.01.010: City Council
2.01.015: Planning Commission
2.01.020: Historic Preservation Commission
2.01.025: Historic Preservation Subcommittee
2.01.030: Development Advisory Board
2.01.035: Zoning Administrator
2.01.000: Purpose
GC Section 65100 provides that each city and county establish a planning agency with the powers necessary to carry out the planning and zoning functi ons of the jurisdiction. The purpose of this Division is to identify and establish bodies, commissions, committees, positions, boards, and departments responsible for carrying out the powers and duties of the planning agency.
2.01.005: Applicability
The functions of the planning agency are hereby assigned to the following bodies, commissions, committees, positions, boards, and departments:
A. City Council;
B. Planning Commission;
C. Historic Preservation Commission;
D. Historic Preservation Subcommittee;
E. Development Advisory Board;
F. Zoning Administrator;
G. Planning Department.
2.01.010: City Council
A. Established. The City Council's establishment, membership, and operation are recognized by OMC Title 2 (Administration), Chapter 1 (City Council), commencing with Article 1, Section 2 -
1.101.
B. Powers and Duties. The City Council shall have the authority to hear and decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code and shall 197
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have review and final authority on all appeals of Planning Commission or Historic Preservation Commission actions.
2.01.015: Planning Commission
A. Established. The Planning Commission 's establishment, membership and operation are recognized by OMC Title 2 (Administration), Chapter 2 (Commissio ns and Boards), Article 3 (Planning Commission), commencing with OMC Section 2-2.301.
B. Powers and Duties. The Planning Commission shall have the authority to hear, recommend, and decide on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code. In addition, the Planning Commission shall have the authority to act upon an appeal of any order, requirement, permit, decision or determination concerning zoning, land use or development, made by an administrative or appointed of ficial or body, such as the Planning Director, Zoning Administrator, or Development Advisory Board, pursuant to the provisions of this Development Code.
C. Meetings. The Planning Commission shall adopt rules as necessary to the conduct of its affairs and in keeping with the provisions of this Development Code. Meetings shall be held on a regular basis and open to the public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or faili ng to vote, and shall keep records of its own examinations and other official actions, which shall be filed with the Planning Department.
2.01.020: Historic Preservation Commission
A. Established. Pursuant to the authority granted to municipalities by State Planning and Zoning Law, as established by GC Title 1, Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Commission.
B. Membership. The Historic Preservation Commission shall consist of the 7 standing members of the Planning Commission.
C. Powers and Duties. The Historic Preservation Commission shall have the following powers and duties:
1. Establish criteria for and conduct or cause to be conducted a comprehensive survey in conformance with state survey standards and guidelines of Historical Resources within the boundaries of the City, and publicize and periodically update the survey results;
2. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
3. Authority to act upon an appeal of any order, requirement, permit, decisions, or determination concerning Historic Resources under this Development Code, made by the Historic Preservation Subcommittee;
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Ontario Development Code Page 2.01-3 (Rev. 12.01.2020)
4. Maintain a local register of Designated Historic Landmarks and Districts consistent with the National Register of Historic Places criteria, including all information required for each designation; and
5. Undertake any other action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Historic Preservation program.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Commission 's jurisdiction and setting timeframes for such meetings.
2.01.025: Historic Preservation Subcommittee
A. Established. In accordance with the authority g ranted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, an Historic Preservation Subcommittee.
B. Membership. The Hist oric Preservation Subcommittee shall consist of 3 members of the Historic Preservation Commission, to be appointed pursuant to the Historic Preservation Commission rules and procedures.
C. Powers and Duties. The Historic Preservation Subcommittee shall have the following powers and duties:
1. The authority to hear make recommendations and/or decide on those application types established by Table 2.02-1 (Review Matrix) of this Development Code;
2. The authority to review historic preservation work program, assist staff in any survey or historic research being conducted, and review of the City's list of Historical Resources; and
3. The authority to act upon appeals of administrative permits, decisions and actions concerning Historical Resources under this Development Code, made by any City Department.
D. Meetings. The Historic Preservation Commission shall adopt rules and procedures governing meeting business, conduct, and actions within the Historic Preservation Subcommittee's jurisdiction and setting timeframes for such meetings.
2.01.030: Development Advisory Board
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City of Ontario, a Development Advisory Board.
B. Membership. The Development Advisory Board shall include those representatives of certain City departments and/or agencies as established by resolution of the City Council.
C. Powers and Duties. The Development Advisory Board shall have the authority to hear, recommend and decide on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code.
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D. Meetings. The Development Advisory Board shall adopt rules and regulations to govern the procedures at meetings within the Board's jurisdiction and to set a time for such meetings.
2.01.035: Zoning Administrator
A. Established. In accordance with the authority granted to municipalities by State Planning and Zoning Law, pursuant to GC Division 1, Chapter 3 (commencing with GC Section 65100), there is hereby created and established in the City, the position of Zoning Administrator .
B. Membership. The Zoning Administrator position shall be filled by the Planning Director or the Zoning Administrator's designee, who shall fill the position of Deputy Zoning Administrator.
C. Powers and Duties. The Zoning Administrator shall have the power and duty to review and make decisions on those application types identified in Table 2.02 -1 (Review Matrix) of this Development Code.
D. Meetings. The Zoning Administrator shall adopt rules and procedures governing meeting business, conduct, and actions within the Zoning Administrator's jurisdiction and setting timeframes for such meetings.
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Ontario Development Code Page 2.02-1 (Rev. 02.17.2026)
Division 2.02—Application Filing and Processing
Sections:
2.02.000: Purpose
2.02.005: Applicability
2.02.010: Applications and Fees
2.02.015: Application Processing Procedures
2.02.020: Environmental Review
2.02.025: Time Limits and Extensions
2.02.030: Failure by Applicant to Complete Application Processing
2.02.035: Limitations on Application Refiling
2.02.040: Indemnification
2.02.000: Purpose
The purpose of this Division is to establish procedures and requirements for the preparation, filing and processing of applications for permits, amendments, and approvals stipulated by this Development Code.
2.02.005: Applicability
Table 2.02 -1 (Review Matrix), below, establishes the recommending, approving, and appeal authorities for all permits, amendments, and approvals stipulated by this Development Code. The symbols used within the Table have the following meanings:
R = Advisory (Recommending) Authority
X = Approving Authority
A = Appeal Authority
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Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
A. LEGISLATIVE ACTIONS
1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
R X
2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
R X
3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
R X
4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
R X
5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
R X
6. Specific Plans and Amendments [1][12]
(Ref: ODC Section 4.01.035)
R X
7. Williamson Act Contract Cancellations [1]
(Ref: GC Section 51200, et seq.)
R X
8. Zone Changes [1] (Ref: ODC Section
4.01.040)
R X
B. DISCRETIONARY PERMITS AND ACTIONS
1. Billboard Relocation Agreements [1] (Ref:
ODC Section 4.02.010)
R X
2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns [1] R X
b. Use established in conjunction with a
Development Plan [1]
R X A
c. Use established within an existing
structure [1]
X A A
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Ontario Development Code Page 2.02-3 (Rev. 02.17.2026)
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
d. Modification or revocation per ODC
Division 2.05 (City Initiated Modification or
Revocation) [1]
X A
e. Revocation due to abandonment of
use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X A A
3. Density Bonus and Other Incentives [1]
(Ref: ODC Section 6.01.010.H)
R X
4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
R X A
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or
less than 0.45 FAR [14]
X A A
d. Industrial developments exceeding
0.45 FAR
R X A
e. Wireless telecommunications
facilities pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [2] X A A
f. All others X A A
5. Extensions of Legal Nonconforming Status
[1] (Ref: ODC Section 4.02.030)
X A A
6. Historic Preservation
a. Certificates of Appropriateness (Ref:
ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement
Structure [1]
R X A
(3) Eligible Historic Resources [1] X A A
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(Rev. 02.17.2026) Page 2.02-4 Ontario Development Code
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X A A
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss
of integrity, or due to extensive legally performed
alterations performed after the property was
initially surveyed.
X A A
7. Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
R X
8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A
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Ontario Development Code Page 2.02-5 (Rev. 02.17.2026)
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
9. Nonconforming Structure Reconstruction
[1] (Ref: ODC Section 3.01.020)
X A
10. Parking Reduction (Ref: ODC Section
6.03.025)
X A
11. Sign Programs (Ref: ODC Section
4.02.075)
X A A
12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section
4.02.080)
X A A
13. Minor Adjustments/Alterations in the CCS
zoning district (Ref: ODC 4.02.020.C.2.d)
X A A
14. Stays of Permit Approval Time Limit (Ref:
ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]
15. Subdivisions
a. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
b. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
c. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A
16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A
17. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS
1. Historic Preservation – Adaptive Reuse
Plans (Ref: ODC Section 4.03.010)
X X X
2. Administrative Exceptions (Ref: ODC
Section 4.03.050)
X A A
3. Administrative Use Permits (Ref: ODC
Section 4.03.015)
X
4. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
X A A
5. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A
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Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
6. Density Bonus [10][13] (Ref: ODC Section
6.01.010.H.3.b)
X A A
7. Electric Truck Vehicle Charging Facilities
(Equipment Only)
X
8. Fair Housing and Reasonable
Accommodation (Fair Housing Exemption) (Ref:
ODC Section 4.03.060)
X A A
9. Fair Housing and Reasonable
Accommodation (RLUIPA) (Ref: ODC Section
4.03.060)
X A A
10. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X A A
11. Landscape and Irrigation Plans (Ref:
ODC Section 6.05.005)
X A A
12. Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X A A
13. ONT ALUCP Interagency Review [7] (Ref:
ONT ALUCP)
X A[8]
14. Other Plan Checks and actions required
by this Development Code
X A A
15. Shopping Cart Retention Plans (Ref: ODC
Section 6.11.020)
X A A
16. Sign Plans (Ref: ODC Section 4.03.020) X A A
17. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X A A
18. Subdivisions
a. Certificates of Compliance (Ref:
ODC Section 4.03.025)
X A A
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X A A
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X A A
e. Street Address Numbering (Ref: ODC
Section 6.06.010)
X A A
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X A A
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Ontario Development Code Page 2.02-7 (Rev. 02.17.2026)
Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Fire Marshal
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X A A
h. Urban Lot Split (Ref: ODC Section
6.08.060)
X A A
i. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X A A
19. Tier 1 wireless telecommunications facility
pursuant to ODC Section 5.03.420 (Wireless
Telecommunications Facilities)
X A A
20. Wall, Fence, and Obstructions Plans not
associated with a Development Plan (Ref: ODC
Section 6.02.005)
X A A
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1. Environmental Impact Reports (EIRs) (Ref:
CCR Section 15080, et seq.)
X[3] X[3]
2. Exempt Projects (Ref: CCR Section 15300,
et seq.)
X[3] X[3] X[3] X[3] X[3] A A
3. Ministerial Projects (Ref: CCR Section
15268)
Ministerial projects are exempt from the requirements of CEQA [10]
4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
X[3] X[3] X[3] X[3] X[3] X[3]
5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X[3] X[3] X[3] X[3] X[3] X[3]
6. Environmental review for projects
located within the ONT zoning district [9]
X
Notes:
[1] A public hearing is required pursuant to the procedures set forth in Division 2.03 (Public Hearings) of this Development Code; however, public notification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [2] The Approving Authority may refer any appli cation subject to their review to the next higher authority (Appeal Authority).
[3] The Approving Authority for environmental determinations/actions shall be the same as the related legislative or discretionary actions. NDs and MNDs, and Addendums to previ ously certified EIRs, and previously adopted NDs or MNDs, which are not associated with, or are independent of, legislative or discretionary actions, shall be subject to Development Advisory Board review and adoption. EIRs that are not associated with, or are independent of, legislative or discretionary actions shall be subject to Planning Commission review and certification. 207
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[4] An application submitted for concurrent review and action with another application, action or decision requiring review and action by a higher Reviewing Authority may be subject to concurrent review and action by that higher Reviewing Authority upon their request.
[5] The Approving Authority responsible for issuing a "Stay of Permit Approval Time Limit " pursuant to Section 2.02.025 (Projects Involving Pending Litigation) of the Development Code, shall be the same as for the related application, action, or decision.
[6] An appeal of an Historic Preservation —Certificate of Appropriateness —Waiver shall be considered by the Historic Preservation Subcommittee, except that an Historic Preservation—Waiver for an Historic Landmark shall be considered by the Historic Preservation Commission.
[7] Refer to the ONT ALUCP for procedures for application processing and administration, and appeals processing. [8] Appeal shall be subject to review by the Mediation Board established pursuant to ALUCP Section 4. [9] Pursuant to the Joint Powers Authority agreement between the City of Ontario and the County of San Bernardino, the Ontario International Airport Authority shall be the lead agency. [10] Ministerial projects are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15268 of the CEQA Guidelines. The following projects or actions shall be deemed ministerial:
Administrative Exceptions;
Administrative Use Permit issuance;
ALUCP inter agency reviews;
Building permit issuance;
Business license issuance;
Density Bonus, without related discretionary applications; Encroachment permit issuance;
Final subdivision map approval;
Individual utility service connection and disconnection approval; Landscape and irrigation plan approval;
Lot Line Adjustment approval;
Public improvement plan approval;
Shopping cart retention plan approval;
Sign Plan approval;
Single-Family Two-Unit Developments;
Street address number issuance;
Subdivision Improvement Agreement approval;
Subdivision map corrections and amendments approval;
Temporary Use Permit issuance;
Tier 1 wireless telecommunications facility approval; Urban Lot Splits; and
Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the "Consent Calendar" portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Di vision 4.02 (Discretionary Permits and Actions).
[13] A request for a density bonus, in and of itself, shall not require a General Plan Amendment, Zone Change, Development Agreement, or other discretionary approval (Ref: ODC 6.01.010.H.3.b.). [14] Electric Vehicle Truck Charging Facilities (exclusive of charging equipment), and Semi-Trailer Storage Yard Facilities as a primary use shall be subject to Planning Commission Approval Authority and City Council Appeal Authority.
2.02.010: Applications and Fees
A. Application filing.
1. An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, sp ecial studies, exhibits, and any other information deemed necessary by the City to process the application.
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2. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase pro perty contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).
3. A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.
B. Filing Fees.
1. The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.
2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.
C. Refunds and Withdrawals.
1. The refund of filing fees in resp onse to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications.
2. An applicant wishing to withdraw their application may do so by written request to the Planning Director at any time prior to action by the Approving Authority.
3. Upon receipt of a request for application withdrawal, the Planning Director may order the refund of all or part of the filing fees, based upon the prorated costs to date and determination of the status of the application at the time of withdrawal.
2.02.015: Application Processing Procedures
This section is intended to provide general procedures for the processing of applications for legislative actions, discretionary permits and actions, and ministerial permits and decisions filed pursuant Table 2.02-1 (Review Matrix) of this Division.
A. Legislative Actions. The Advisory and Approving Authorities for legislative actio ns are established by Table 2.02 -1 (Review Matrix) of this Division. Unless otherwise stipulated by Division
4.01 (Legislative Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a legislative action is as follows:
1. Initial Review for Application Completeness . Legislative actions shall be initially reviewed for application completeness and acceptance, as follows:
a. Review for Application Completeness.
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(1) Following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant.
(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the applicat ion. The applicant shall submit materials to the City in response to the list and description, which shall be reviewed pursuant to Subparagraph A.1.a(1), above.
(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs A.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the Planning Department may require in order to take final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph A.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.
(3) The provisions of this Section shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shall prepare a writt en report, which shall be transmitted to the appropriate Reviewing Authority.
b. The Planning Department 's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority.
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Ontario Development Code Page 2.02-11 (Rev. 02.17.2026) c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3. Public Hearings.
a. The Advisory and Approving Authorities established by Table 2.02-1 (Review Matrix), shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
b. The Pl anning Department 's written report, prepared pursuant to Subparagraphs A.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4. Advisory Authority Review and Recommendation . The procedure for review and recommendation on a legislative action by an Advisory Authority is as follows:
a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered.
5. Approving Authority Review and Action . The procedure for review and action on a legislative action by the Approving Authority is as follows:
a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application.
b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.01 (Legislative Actions) of this Development Code. There shall be no time limit within which the Approving Authority must act on a legislative action.
c. The Approving Authority's action shall be final and conclusive.
6. Effective Date of Approving Authority Action . A legislative approval granted by resolution is effective immediately upon adoption of the numbered resolution by the City Council.
A legislative approval granted by ordinance is effective 30 days following the date of adoption of the ordinance by the Approving Authority.
B. Discretionary Permits and Actions. The Advisory, Approving, and Appeal Authorities for discretionary permits and actions are established by Table 2.02 -1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.02 (Discretionary Permits and Actions) of this Development Code, the procedure for reviewing and acting upon an application resulting in a discretionary permit or action is as follows:
1. Initial Review for Application Completeness . Applications requesting discretiona ry permits and/or actions shall be initially reviewed for application completeness and acceptance, as follows:
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(1) Within 30 days following receipt of an application filed in compliance with this Division, the Planning Department shall determine, in writing, whether the application is complete for processing and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall be automatically de emed complete for processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the Planning Department shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Planning Department in response to the list and description, which shall be reviewed pursuant to Subparagraph B.1.a(1), above.
(3) If the application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs B.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the Planning Department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. This provision shall not be so construed as to require an applicant to submit with the initial application, the entirety of the information that the City may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the Planning Department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph B.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.
(3) The provisions of this Subsection shall not be construed as limiting the ability of the Planning Department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation and Report.
a. Following acceptance of an application as complete for processing pursuant to Subparagraph B.1 (Initial Review for Application Completeness), above, the Planning Department shall investigate the facts bearing on the application and shal l prepare a written report, which shall be transmitted to the appropriate Reviewing Authority.
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Ontario Development Code Page 2.02-13 (Rev. 02.17.2026) b. The Planning Department 's report shall provide the information necessary for action on the application, consistent with the provisions of this Development Code and The Ontario Plan, and shall report all findings to the appropriate Reviewing Authority.
c. During the investigation of the facts bearing on the application, the Planning Department may consult with other City departments and public agencies.
3. Public Hearings.
a. The Advisory, Approving and Appeal Authorities established by Table 2.02 - 1 (Review Matrix), and which require a public hearing pursuant to the Review Matrix, shall each conduct at least one public hearing, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
b. The Planning Department 's written report, prepared pursuant to Subparagraphs B.2.a through c, above, shall be made available to the property owner and applicant, if different from the property owner, at least 72 hours prior to the public hearing.
4. Advisory Authority Review and Recommendation . If required pursuant to Table
2.02-1 (Review Matrix), the procedure for review and recommendation on a discretionary permit or action by an Advisory Authority is as follows:
a. The Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form, or deny an application, which shall be transmitted to the Approving Authority in such manner a nd form as specified by the Approving Authority.
b. The Advisory Authority shall forward its recommendation to the Approving Authority within 60 days following the date its decision was rendered.
c. In instances where review and recommendation by more than one Advisory Authority is required, the initial Advisory Authority shall forward its recommendation whether to approve, approve in modified form, or deny an application to the subsequent Advisory Authority within 30 days following the date its decision was re ndered. The 30 -day time limit may be extended by mutual agreement of the applicant and City.
5. Approving Authority Review and Action . The procedure for review and action on a discretionary permit or action by an Approving Authority is as follows:
a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, approve in modified form, or deny an application, and may impose reasonable conditions to the approval of an application.
b. The action of the Approving Authority shall be by written decision, setting forth the basis for the action, and shall include any applicable findings prescribed by Division 4.02 (Discretionary Permits and Actions) of this Development Code. A discretionary permit or action shall be acted upon within th e timeframes specified by GC Section 65950, 65950.1, 65951, and 65952, except that Tentative Subdivision Maps shall be acted upon within the timeframes specified by GC Section 66452.1.
c. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code. 213
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6. Effective Date of Approving Authority Action. A discretionary permit or action shall become effective on the City business day following Approving Authority ac tion, unless the discretionary permit is being processed concurrently with and dependent upon any legislative action; in which case, the effective date of the discretionary permit or action shall be governed by Paragraph A.6 (Effective Date of Approving Au thority Action) of this Section. The Approving Authority's action to approve, approve in modified form, or deny a discretionary permit or action shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
C. Ministerial Permits and Decisions. The Advisory, Approving and Appeal Authorities for ministerial permits and decisions are established by Table 2.02 -1 (Review Matrix) of this Division.
Unless otherwise stipulated by Division 4.03 (Ministerial Permits and Decisions) of this Development Code, the procedure for reviewing and acting upon an application requiring a ministerial permit or decision is as follows:
1. Initial Review for Application Completeness . Applications requesting ministerial permits and/or decisions shall be initially reviewed for completeness and acceptance, as follows:
a. Review for Application Completeness.
(1) Within 30 days following receipt of an application filed in compliance with this Division, the City shall review the applicatio n and determine, in writing, whether the application is complete for further processing, and shall transmit the determination to the applicant. If the written determination is not made within the required period, the application shall automatically be deemed complete for further processing. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which time completeness of the resubmitted application shall be determined.
(2) If an application is determined to be incomplete for processing, the City shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the applicati on. The applicant shall submit materials to the responsible City department in response to the list and description, which shall be reviewed pursuant to Subparagraph C.1.a(1), above.
(3) If an application, together with the submitted materials, is determined to be incomplete for processing, the applicant may appeal that decision to the Planning Commission pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
(4) Failure of an applicant to submit complete or adequate information pursuant to the provisions of Subparagraphs C.1.a(1) and (2), above, shall constitute grounds for denial of the application.
b. Application Acceptance.
(1) Following acceptance of an application as complete for processing, no new or additional information may be requested of the applicant; however, in the course of processing the application, the responsible City department may request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
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Ontario Development Code Page 2.02-15 (Rev. 02.17.2026) application, the entirety of the information that the responsible City department may require in order to facilitate final action on the application.
(2) Prior to accepting an application as complete for processing, the responsible City department shall inform the applicant of any information included in the list prepared pursuant to Subparagraph C.1.b(1), above, which will subsequently be required from the applicant in order to complete final action on the application.
(3) The provisions of this Subsection shall not be construed as limiting the ability of the responsible City department to request and obtain information that may be needed in order to comply with the provisions of PRC Division 13 (commencing with Section 21000).
2. Investigation. Following acceptance of an application as complete for processing, the responsible City department shall investigate the facts bearing on the application and provide the information necessary for action or determination, consistent with this Development Code and The Ontario Plan, which shall be reported to the Approving Authority.
3. Review and Action.
a. The Approving Authority shall review the application and shall then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
b. The Approving Authority shall act on a ministeri al approval request within 60 days following acceptance of an application as complete for processing pursuant to Paragraph C.1 (Initial Review for Application Completeness), above. The 60-day time limit may be extended by mutual agreement of the applicant and City.
4. Effective Date of Approving Authority Action . A ministerial permit or action shall become effective immediately upon Approving Authority action. An Approving Authority action to approve or deny a ministerial permit or decision shall be immediately suspended upon the filing of an appeal pursuant to Division 2.04 (Appeals) of this Development Code.
2.02.020: Environmental Review
A. Purpose. The purpose of this Section is to assist the City in accomplishing the basic objectives of CEQA, as follows:
1. Enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian;
2. Provide information to governmental decision -makers and the public regarding the potential significant environmental effects of the proposed project;
3. Provide an analysis of the environmental effects of future actions associated with a project in order to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project;
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4. Identify ways that environmental damage can be avoided or significantly reduced;
5. Prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures; and
6. Provide full public disclosure of the City 's basis for project approval in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency 's activities. The involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.
B. Applicability. The provisions of this division shall apply to any activity of the City that is determined to be a "project" pursuant CEQA (PRC Section 21000 through Section 21178) and the CEQA Guidelines (CCR Section 15000 through Section 15387).
C. CEQA Implementation. Local guidelines for the implementation of CEQA shall be adopted by Resolution of the City Council. The guidelines may be changed or modified only by resolution of the City Council.
D. Environmental Review. The City of Ontario shall conduct an environmental review of any activity within the City that constitutes a "project" pursuant CEQA, the CEQA Guidelines and the City's local guidelines for the implementation of CEQA. Depending upon the nature and scope of a "project," it may be found to be exempt from further environmental review, or a negative declaration, mitigated negative declaration or environmental impact report may be required to be completed. Negative declarations , mitigated negative declarations , and environmental impact reports shall be prepared pursuant to the requirements of CEQA and the implementing guidelines, and the City's local guidelines for the implementation of CEQA.
2.02.025: Time Limits and Extensions
A. Time Limits. Discretionary permits/actions granted pursuant to this Division shall become invalid if not exercised within the below-listed timeframes:
1. Generally. Unless otherwise stipulated by the conditions of approval, a discretionary permit/action shall become invalid if not exercised within 12 months following the effective date of application approval, except as specified in Paragraphs A.2 through A.6, below, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
2. Development Plan . Unless otherwise stipulated by the conditions of approval, a Development Plan shall become invalid if not exercised within 24 months following the effective date of application approval, unless extended by time extension pursuant to Subsection B (Time Extensions) of this Section.
3. Tentative Subdivision Map. A Tentative Tract or Parcel Map shall become invalid if not exercised within the time limits specified by GC Section 66452.6.
4. Vesting Tentative Maps.
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Ontario Development Code Page 2.02-17 (Rev. 02.17.2026) a. A vesting tentative map shall become invalid if not exe rcised within the time limits specified by Paragraph A.3 (Tentative Subdivision Map), above.
b. If a final tract map is approved prior to the expiration of the vesting tentative map, the tentative map vesting rights for the final tract map area shall last for the periods listed below:
(1) An initial period of 12 months following recordation of the final tract map. Where several final tract maps are recorded on phases of a project covered by a single vesting tentative map, the 12 -month period for each final tract map shall begin on the date of recordation of that final tract map;
(2) The initial period set forth in Subparagraph A.4.b.(1), above, shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days; provided, that the extension shall only be for the number of days in excess of 30 days; and
(3) If during the 24-month period following approval of a final tract map or parcel map, the City receives a complete application for a building permit and the subdivider has satisfied all requirements for the issuance of a building permit, the right to proceed with development in accordance with the tentative map shall continue until the expiration of the building permit.
5. Expiration of Vesting Development Rights . Vesting development rights shall expire if a final map is not filed for approval prior to the expiration of the vesting tentative map, as provided in Paragraph A.6 (Vesting Tentative Maps) of this Section. If the final map is approved, these rights shall last for the following time periods, extending beyond the recording of the final map:
a. An initial period of 12 months, except that where several final maps are recorded for various project phases of a single vesting tentative tract map, this initial time period shall begin with each phase, when the final map for that phase is recorded;
b. The initial time period set forth in Subparagraph A.6.b(1) of this Section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if the processing exceeds 30 days from the date a complete application is filed;
c. A subdivider may apply for a 12 -month extension at any time before the initial expiration date for map approval; and
d. If the subdivider submits a complete application for a building permit during the time periods specified in Subparagraphs A.5.a through A.5.c, above, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.
6. Certificate of Appropriateness. A Certificate of Appropriateness granted pursuant to this Division shall become invalid if not exercised within the time limit specified by the conditions of approval, or within 24 months if no time limit has been specified.
7. Phased Projects.
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(Rev. 02.17.2026) Page 2.02-18 Ontario Development Code a. Wherein a project involves the construction of multiple phases over an extended period, and the conditions of approval do not specify a time limit differing from Paragraphs A.2 through A.5, above, the portion of entitlement applicable to a particular phase shall be deemed exercised through the issuance of a building permit for that phase. The remainder of the entitlement related to further construction shall expire 12 months following building permit expiration, final building inspection, or Certificate of Occupancy issuance for the previous construction phase, unless extended pursuant to Subsection B, below.
b. A building permit may be issued for a subsequent phase if no more than 12 months have lapsed since a Certificate of Occupancy was issued for the previous phase and the applicant is diligently pursuing the project toward completion. However, if more than 12 months have lapsed since Certificate of Occupancy issuan ce or final inspection has occurred for the previous phase, and the entitlement was not extended pursuant to Subsection B, below, the entitlement granting the construction of any subsequent phases shall be deemed invalid and no further building permits shall not be issued, unless a time extension is granted pursuant to Section
2.02.025 (Time Limits and Extensions) of this Division.
8. Projects Involving Pending Litigation . The time limits specified in Paragraphs A.1 through A.5, above, including any time exte nsion granted pursuant to Subsection B, below, shall not include the period of time during which a lawsuit involving the approval or conditional approval of a discretionary permit is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the Approving Authority pursuant to this Division. After service of the initial petition or complaint in the lawsuit upon the City, the applicant, or property owner if different from the applicant, may apply to the local agency fo r a Stay of Permit Approval Time Limit. Within 40 days after receiving the application, the Review Authority may stay the time limit for up to 5 years.
9. Definition. For the purposes of this Section, the term "exercised" shall mean the following:
a. The appli cant, or property owner if different from the applicant, has completed or fulfilled all conditions of approval imposed upon the permit or action by the Approving Authority; and
b. In the case of permits or actions pertaining to a development project approval, a Building Permit shall have been issued and construction shall have been diligently pursued toward project completion. In the case of permits or actions pertaining to a land use approval, the approved use shall have commenced. In the case of a Merger of Contiguous Parcels, Reversion to Acreage, or Tentative Subdivision Map, the Merger, Reversion, or Final Subdivision Map shall have been recorded at the office of the San Bernardino County Recorder.
B. Time Extensions. The time limits within which a discreti onary permit or action must be exercised, may be extended as follows:
1. Project Applicant or Property Owner Requested Time Extension .
a. The project applicant, or property owner if different from the applicant, may file a Time Extension request, together with any required filing fees, with the City (Planning Department or Engineering Department, as applicable) prior to the expiration date of an approved discretionary permit or action.
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Ontario Development Code Page 2.02-19 (Rev. 02.17.2026) b. Upon the submittal of a Time Extension request, the affected discretionary permit or action shall be granted an automatic 90 -day time extension to allow sufficient time for application processing.
2. An extension of the expiration date for an approved discretionary permit or action shall be acted upon as follows:
a. The Approving Authority may grant a Time Extension upon determination of the following:
(1) Each of the findings and conditions of the original approval are still applicable to the project and there are no changed circumstances;
(2) The Time Extension will not adversely affect the public health, safety, or welfare; and
(3) There has been diligent pursuit to exercise the permit or action for which an extension is being requested.
b. The burden of proof shall lie with the permittee to establish with substantial evidence that the approv al for which the Time Extension is requested should not be allowed to expire. If the Approving Authority determines that the permittee has good -faith intent to commence with the proposed project, the Approving Authority may grant a Time Extension.
c. A discretionary permit or action may be granted Time Extensions in one - year increments, not to exceed a total of three, one -year time extensions, excepting tentative subdivision maps, which shall be subject to the provisions of GC Section 66452.6.
3. Blanket Time Extensions Granted by the City Council.
a. In addition to the Time Extensions allowed pursuant to Paragraph B.1 of this Section, the City Council may, by resolution, grant time extensions for discretionary permits and actions, as identified in Table 2.02 -1 (R eview Matrix) of this Division, to benefit homeowners, developers, landowners, and business owners within the City that may be negatively affected by economic slowdown/downturn or recession.
b. A blanket time extension shall be applicable only to those permits and actions that have not expired prior to the date that the Time Extension is granted.
2.02.030: Failure by Applicant to Complete Application Processing
A. Within 180 days following a writ ten request by the City for plan changes, corrections, revisions, or the submittal of additional information, an application shall be deemed withdrawn if the Planning Director determines that the applicant has not made reasonable progress toward providing necessary plan changes or corrections, or additional information. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials required for any project on the same site.
B. Upon written request of the applicant, the Planning Director may order the refund of all or a portion of filing fees pursuant to Section 2.02.010.C (Refunds and Withdrawals) of this Division.
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2.02.035: Limitations on Application Refiling
A final action denying an application shall prohibit the further filing of the same or a substantially similar application for a period of not less than 12 months following the date of application denial, except that an application denied without prejudice may be resubmitted wit hin the 12 -month period following application denial.
2.02.040: Indemnification
It shall be a condition of any application approved pursuant to this Division, or any approval or certification required pursuant to CEQA or the CEQA Guidelines, that a prop erty owner or applicant, if different from the property owner, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees:
A. From any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees, to attack, set aside, void, or annul the City 's decision to approve any development, land use permit, and/or approvals and certifications under CEQA, but excluding any subdivision approval governed by GC Section 66474.9. This indem nification shall include, but not be limited to, damages, fees, and/or costs awarded against the City, if any, and the cost of any suit, attorney's fees, and/or other costs, liabilities, and expenses incurred in connection with a lawsuit, whether incurred by the applicant, the City, and/or the parties initiating or bringing a lawsuit;
B. For all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as, but not limited to, a negative declaration, mitigated negative declaration, environmental impact report, general plan amendment, specific plan, or specific plan amendment), if made necessary by a lawsuit and if the applicant desires to pursue securing approvals that are c ondition of application approval, after initiation of a lawsuit; and
C. For all costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in Subsections A and B of this Section.
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Division 2.03—Public Hearings
Sections:
2.03.000: Purpose
2.03.005: Applicability
2.03.010: Public Hearing Notices
2.03.015: Public Hearing Procedures
2.03.020: Request for Notification
2.03.025: Failure to Receive a Public Notice
2.03.030: Cemeteries
2.03.000: Purpose
The purpose of this Division is to implement GC Division 1, Chapter 2.7 (commencing with GC Section 65090), which governs public hearing and notification procedures for consideration of legislative actions, discretionary land use and development entitlemen ts, and discretionary administrative actions. Public hearings are not required for nondiscretionary administrative permits, decisions, and actions; however, public notice may be required pursuant to this Division.
2.03.005: Applicability
A. A public hearing for a legislative action, land use or development entitlement, or any other matters pertaining to this Development Code requiring a public hearing pursuant to GC Division 1, Chapter 2.7 (commencing with GC Section 65090), shall be scheduled and heard in accordance with the provisions of this Division.
B. Public hearing notification for legislative actions, land use or development entitlements, or administrative permits, decisions, or actions shall be provided in the manner prescribed by Table
2.03-1 (Notification Matrix), below.
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
A. LEGISLATIVE ACTIONS
1. Airport Land Use Compatibility Plan and
Amendments [1] (Ref: ODC Section 4.01.010)
X X X
2. Development Agreements [1] (Ref: ODC
Section 4.01.015)
X X X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
3. Development Code Amendments [1]
(Ref: ODC Section 4.01.020)
X
4. Amendment to the Policy Plan (General
Plan) Component of The Ontario Plan [1] (Ref:
ODC Section 4.01.025)
X X X
5. Planned Unit Developments and
Amendments [1] (Ref: ODC Section 4.01.030)
X X X
6. Specific Plans and Amendments [1] (Ref:
ODC Section 4.01.035)
X X X
7. Williamson Act Contract Cancellations
[1] (Ref: GC Section 51200, et seq.)
X X X
8. Zone Changes [1] (Ref: ODC Section
4.01.040)
X X X
B. DISCRETIONARY PERMITS AND ACTIONS
1. Billboard Relocation Agreements [1]
(Ref: ODC Section 4.02.010)
X
2. Conditional Use Permits (Ref: ODC
Section 4.02.015)
a. Hotels, Motels and Residence Inns
[1]
X X
b. Use established in conjunction with
a Development Plan [1]
X X
c. Use established within an existing
structure [1]
X X
d. Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
e. Revocation due to abandonment
of use per ODC Division 2.05 (City Initiated
Modification or Revocation) [1]
X X
3. Density Bonus and Other Incentives (Ref:
ODC Section 6.01.010.H) [1]
X X
4. Development Plans, except within the
ONT zoning district (Ref: ODC Section 4.02.025)
a. Residential developments totaling 5
or more dwelling units or the development of 3 or
more dwelling units on a single lot or parcel
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding
0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.420 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X
(2) Tier 3 facilities X
f. All others X
5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X
6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or
Amending Status (Ref: ODC Section 4.02.045)
X
f. Local Historic Landmark and Local
District Designations, and Architectural
Conservation Areas (Ref: ODC Section 4.02.040),
including Rescinding or Amending Status (Ref:
ODC Section 4.02.045)
X
g. Mills Act Contracts (Ref: ODC
Section 4.02.065)
X
h. Mills Act Cancellations [1] X X
i. Addition/Removal of Resources
to/from the Ontario Register (Ref: ODC Section
4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.
X
(2) Loss of all historic and/or
cultural significance due to a catastrophe
causing a loss of integrity, or due to extensive
legally performed alterations performed after the
property was initially surveyed.
X
7. Interpretations and Land Use
Determinations (Ref: ODC Section 1.02.010)
X
8. Master Plans and Amendments [1] (Ref:
ODC Section 4.02.070)
X X X
9. Minor Adjustments/Alterations [4] (Ref:
ODC Section 4.02.020.C)
X[5] X
10. Nonconforming Structure
Reconstruction [1] (Ref: ODC Section 3.01.020)
X X
11. Parking Reduction (Ref: ODC Section
6.03.025)
X
12. Sign Programs (Ref: ODC Section
4.02.075)
X
13. Specific Plan Minor Amendments (Ref:
ODC Section 4.02.080)
X
14. Stays of Permit Approval Time Limit (Ref:
ODC Section 2.02.025.A.8)
X
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Ontario Development Code Page 2.03-5 (Rev. 08.04.2026)
Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
15. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
X X
b. Reversions to Acreage [1] (Ref:
ODC Section 4.02.090)
X X
c. Tentative Tract and Parcel Maps,
and Vesting Maps [1] (Ref: ODC Section 4.02.095)
X X
d. Tentative Tract and Parcel Map
Time Extensions (Ref: ODC Section 2.02.025.A.3 &
4)
X
16. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X
17. Variances (Ref: ODC Section 4.02.020.E)
a. Homeowner [1] X X
b. Other [1] X X
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND DECISIONS
1. Administrative Exceptions (Ref: ODC
Section 4.03.050.C)
X
2. Administrative Use Permit (Ref: ODC
Section 4.02.015)
X
3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 Zoning
Compliance)
X
4. Development Plans within the ONT
zoning district (Ref: ODC Section 4.02.025)
X
5. Fair Housing and Reasonable
Accommodation (Ref: ODC Section 4.02.035)
X
6. Landscape and Irrigation
Documentation Plans (Ref: ODC Section 6.05.015)
X
7. Off-Site (Public) Improvement Plans (Ref:
ODC Section 6.08.040)
X
8. ONT ALUCP Interagency Reviews [3]
(Ref: ONT ALUCP)
X
9. Other Plan Checks and actions required
by this Development Code
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
10. Shopping Cart Retention Plans (Ref:
ODC Section 6.11.020)
X
11. Sign Plans (Ref: ODC Section 4.03.020) X
12. Single-Family Two-Unit Developments
(Ref: ODC Section 5.03.403)
X
13. Subdivisions
a. Certificates of Compliance (Ref:
ODC Section 4.03.025)
X
b. Final Tract and Parcel Maps, and
Vesting Maps (Ref: ODC Section 4.03.030)
X
c. Lot Line Adjustments (Ref: ODC
Section 4.03.035)
X
d. Map Corrections and Amendments
(Ref: ODC Section 4.03.040)
X
e. Street Address Numbering (Ref:
ODC Section6.06.010)
X
f. Street Name Assignment (Ref: ODC
Section 6.06.010)
X
g. Subdivision Improvement
Agreement (Ref: ODC Section 6.08.040.G)
X
h. Urban Lot Splits (Ref: ODC Section
8.08.060)
X
14. Tier 1 wireless telecommunications
facility pursuant to ODC Section 5.03.415 (Wireless
Telecommunications Facilities)
X
15. Walls, Fences, and Other Obstructions
Plans not associated with a Development Plan
(Ref: ODC Section 6.02.005)
X
D. ENVIRONMENTAL DETERMINATIONS AND ACTIONS
1. Environmental Impact Reports (EIRs)
(Ref: CCR Section 15080, et seq.)
X X X
2. Exempt Projects (Ref: CCR Section
15300, et seq.)
X
3. Ministerial Projects (Ref: CCR Section
15268)
X
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Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
4. Negative Declarations (NDs) and
Mitigated Negative Declarations (MNDs) (Ref:
CCR Section 15070, et seq.)
X
5. Addendums to previously certified EIRs
and previously adopted NDs and MNDs (Ref: CCR
Section 15164)
X
Notes:
[1] Public hearing notification is required pursuant to Section 2.03.010 (Public Hearing Notification) of this Division. [2] Public n otification shall not be required for Development Advisory Board or Historic Preservation Subcommittee hearings when acting in the capacity of an Advisory Authority. [3] Refer to the Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) for procedures for application processing and administration, and appeals processing.
[4] A Minor Adjustment/Alteration shall require notification pursuant to Paragraph 4.02.020.C.3 (Application Filing, Processing and Hearing) of this Development Code.
[5] Publication or posting of a legal notice is required only if a public hearing is requested by the applicant, an abutting property owner, or other affected person or entity.
2.03.010: Public Hearing Notification
A. Public Hearing Notice Minimum Information. Public hearing notice s shall contain the following minimum information:
1. A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;
2. Time, place, and location of the public hearing;
3. A general description of the matter to be considered;
4. A statement indicating that additional application materials and documentation are on file with the City of Ontario and where such additional project information may be viewed or obtained;
5. A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing; and
6. The identity of the hearing body or officer.
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B. Notices for Public Hearings Conducted by the City Council. A notice for a public hearing conducted by the City Council shall not be published, mailed, delivered, or posted in advance of a public hearing conducted by the Planning Commission pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, as the public hearing notice shall include the recommendation of the Planning Commission.
C. Public Notification Required 1 0 Days in Advance of any Public Hearing. Public hearing notification shall be provided a minimum of 10 days in advance of any public hearing (20 days if a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property) and shall be provided by one or more of the following methods, as necessary:
1. First Class Mail or Delivery. First Class Mail or delivery shall be provided to:
a. Any person filing a request to the Planning Department to receive such notices; and
b. All owners of real property located within the specified minimum exterior boundaries of the property that is the subject of the hearing, as shown on the last equalized assessment roll, or records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll, except that:
(1) For Minor Variances, the area of notification shall include all properties having a property line common with the affected property;
(2) For discretionary applications, the area of notification shall be within 600 FT of the exterior boundaries of the property that is the subject of the hearing;
(3) For wireless telecommunications facilities located 500 FT or less from residentially zoned property, the area of notification shall b e within 500 FT of the exterior boundaries of the property that is the subject of the hearing; and
(4) For legislative applications, the area of notification shall be within 600 FT of the exterior boundaries of the property that is the subject of the hearing.
c. The owner's duly authorized agent, if any; and
d. The project applicant; and
e. Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to CC Section 883.230; and
f. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
2. Number of Owners Requiring Public Hearing Notification Is Greater Than 1,000 . If the number of owners to whom notice would be mailed or delivered pursuant to Subparagraph C.1.b of this Section, is greater than 1,000, in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page may be placed in at least one newspaper of general circulation within the City of Ontario.
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3. Public Hearing Notice Publication. If notice is mailed or delivered pursuant to Subparagraph C.1.b of this Section, notice shall also be published in at least one newspaper of general circulation in the City or, if there is no such newspaper of general circulation, the notice shall be posted in at least 3 public places within the boundaries of the City, including the subject site.
4. Supplemental Public Noticing Requirements — Posting.
a. In addition to the requirements of paragraphs C.1 through C. 3, above, supplemental public notice shall be provided, which consists of one or more large public notification signs consisting of a 6-foot-tall freestanding sign, having a sign face measuring 4 feet tall by 8 feet wide, which shall be posted on the project site for development related projects meeting any of the following criteria:
(1) The proposed project is planned to be developed at a higher density or intensity than the existing surrounding neighborhood; and/or
(2) The proposed project requires a General Plan Amendment, Specific Plan Amendment, or Zone Change; and/or
(3) The proposed project requires the preparation of an environmental impact report; and/or
(4) The Planning Director has determined that supplemental public notice is necessary and desirable based on the nature of the proposed project. For large projects, the planning director may determine that more than one sign is necessary.
b. A cash deposit is re quired in an amount adopted by resolution of the City Council, to ensure compliance with the supplemental notification requirements, including maintenance and removal of the large notification sign.
c. In order to implement the large public notification signs as an effective form of public notification, the following rules and standards shall apply:
(1) Large public notification signs shall be constructed and installed pursuant to the specifications established and published by the Planning Director.
(2) Large public notification signs shall be posted at each of the project site’s street -facing corners and a logical midpoint of each street frontage , unless otherwise directed by the Planning Director . Sign locations shall be approved by the Planning Directo r in conjunction with a Sign Plan for a temporary sign issued pursuant to the requirements of Division
8.01 (Sign Regulations) of this Development Code.
(3) The fabrication and installation of a large public notification sign shall be the responsibility of th e project applicant. Once the project application is deemed complete and all notification signs installed per city standards, the proposed project will be scheduled for all required public hearings.
(4) Large public notification signs shall be maintained in g ood condition and shall remain in place until the final decision on the proposed project has been made or the application is withdrawn.
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(Rev. 08.04.2026) Page 2.03-10 Ontario Development Code (5) Large public notification signs shall be removed by the applicant within 14 days following the final decision on the pr oject or the date of application withdrawal.
Failure to remove the sign within the prescribed period shall result in forfeiture of the cash deposit and removal of the sign by the City.
5. Other Acceptable Methods of Public Noticing . In addition to the public noticing required by Paragraphs C.1 through C. 4 of this Section, the City may give notice of a hearing by any other method deemed necessary or desirable by the Planning Director.
D. Public Notices Required Pursuant to CEQA . Public notification required pursuant to CEQA shall be prepared and advertised consistent with the requirements of the "City of Ontario Guidelines for the implementation of the California Environmental Quality Act ," latest edition.
2.03.015: Public Hearing Procedures
A. At any public hearing held pursuant to the provisions of this Division, the Advisory, Approving or Appeal Authority shall hear the applicant, appellant, and any interested persons.
The Advisory, Approving or Appeal Authority may restrict the oral presentation by any person to a time period established in the rules and procedures of the Authority, and may preclude the introduction of any evidence determined to be irrelevant to the public hearing. However, an Advisory, Approving or Appeal Authority shall receive any person's written statement.
B. In the event that an Advisory, Approving or Appeal Authority has obtained evidence outside of the hearing, the information shall be placed into the record. Thereafter, the applicant, appellant or any interested person may rebut the i nformation and shall be entitled to a continuance for that purpose; however, no person may examine an Advisory, Approving or Appeal Authority.
C. Any action or decision of an Advisory, Approving or Appeal Authority shall require a majority vote of its attend ing members. An abstention by any member who is present at the hearing, and has heard all presented evidence, shall constitute an affirmative vote on any motion regarding the application.
D. When an action or decision of an Approving Authority is anticipated to be contested, the City shall insure that a verbatim record of the hearing is made and duly preserved, provided that a written request is submitted to the City, along with a deposit equal to the total anticipated cost of preparing the record, at least 5 days prior to the date of the hearing. If the actual cost to prepare the record is greater than the provided deposit, the difference (amount owed) shall be paid to the City prior to the record being made available. The City shall return any unused portion of the deposit following completion of the record.
E. Any public hearing conducted pursuant to this Section may be continued from time -to- time. If a hearing is continued at the request of an applicant or appellant, the continuance shall constitute a waiver of any applicable time period in which to act or render a decision.
F. Any action or decision of the Approving Authority shall be final and conclusive, unless appealed pursuant to the provisions of Division 2.04 (Appeals) of this Development Code.
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2.03.020: Request for Notification
Wherein notice of a public hearing is required pursuant to Section 2.03.010 (Public Hearing Notices) of this Division, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for such notice with either the city clerk or the Planning Department.
2.03.025: Failure to Receive a Public Notice
Pursuant to GC Section 65093, the failure of any person or entity to receive notice given pursuant to this Division shall not constitute grounds for any court to invalidate the actions of the Approving Authority for which the notice was given.
2.03.030: Cemeteries
Wherein an application is submitted for a Development Code Amendment, General Plan Amendment, Specific Plan Amendment, Variance, Conditional Use Permit, Development Plan, or any entitlement for use which would permit all or any part of a cemetery, as defined in HSC Section 8100, to be used for other than cemetery purposes, the City shall give notice pursu ant to Section
2.03.010 (Public Hearing Notices) of this Division. Those persons requesting notice shall be notified by the City at the address provided at the time of the request.
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Ontario Development Code Page 2.04-1 (Rev. 12.01.2020)
Division 2.04—Appeals
Sections:
2.04.000: Purpose
2.04.005: Applicability
2.04.010: Appeals
2.04.015: Planning Commission Right to Direct that a Decision or Action of the Zoning Administrator or Development Advisory Board be Further Considered
2.04.020: City Council Right to Direct that a Deci sion or Action of the Planning Commission, Zoning Administrator, or Development Advisory Board be Further Considered
2.04.000: Purpose
The purpose of this Division is to implement GC Section 65903, which governs the establishment of procedures for the f iling, processing and hearing of appeals on actions or decisions of a City department, agency, or Approving Authority.
2.04.005: Applicability
Any person having legal standing, including but not limited to an applicant, resident, business owner, or any person owning real property within the City, that is aggrieved by an interpretation, action or decision made pursuant to this Development Code by any City agency or department, or by an Approving Authority, may appeal such action to the Appeal Authority in accordance with the provisions of this Division.
2.04.010: Appeals
A. Appeal Authority.
1. The Appeal Authority for all legislative actions, discretionary permits and actions, and ministerial permits and decisions, is hereby established pursuant to Table 2. 02-1 (Review Matrix) of this Development Code.
2. The Appeal Authority for an administrative interpretation, action, or decision made by any City agency or department head regarding any matter prescribed or governed by this Development Code may be appealed t o the Planning Commission, except as otherwise prescribed by this Development Code.
B. Appeal Procedure.
1. An appeal request shall be filed with the Planning Department on a City application form, along with any appropriate fees established by resolution of t he City Council, within 10 days following the action or decision being appealed. The appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and th e relief requested from the Appeal Authority.
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2. An appeal of an action or decision by the Approving Authority shall be limited to those matters raised during the hearing and contained in the appeal statement. The Appeal Authority shall not consider any matt er that was not raised during the hearing before the Approving Authority and contained in the appeal statement.
3. Upon receipt of an appeal request, copies of the request and supporting information shall be conveyed to the Appeal Authority within 45 days (30 days for a tentative subdivision map) following the filing of the appeal request. The Appeal Authority shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
4. Upon receipt of an appeal request, the Planning Director shall prepare the record on the subject matter of the appeal, including any staff reports and meeting minutes, and transmit the record to the Appeal Authority. The Planning Director shall also prepare a wri tten report responding to the appeal statement, containing a recommendation on the appeal and appropriate findings supporting the recommendation, along with any appropriate conditions of approval. The report shall be made available to the Appellant at least 72 hours prior to the hearing before the Appeal Authority.
5. Within 30 days (10 days for a tentative subdivision map) following the conclusion of the hearing, the Appeal Authority shall render its decision on the appeal. The Appeal Authority may deny the appeal or may grant the appeal in whole or in part, along with any conditions it deems necessary to protect the public health, safety and general welfare. The decision shall include all required findings.
2.04.015: Planning Commission Right to Direct Further Consideration of a Zoning Administrator or Development Advisory Board Action
A. Agendas of Zoning Administrator and Development Advisory Board hearings shall be provided to the Planning Commission at least 72 hours prior to the date of the hearing.
B. Within 10 days following any decision or action of the Zoning Administrator or Development Advisory Board, the Planning Commission may call -up such decision or action for further consideration.
C. Upon calling -up a decision or action pursuant to Subsection B, a bove, the Planning Commission shall set the matter for hearing, which shall be noticed and conducted pursuant Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Subsection 2.04.010.B (Appeal Procedure) of this Division.
D. The Planning Commission may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission's decision shall be final and conclusive in the absence of an appeal filed pursuant to this Division.
2.04.020: City Council Right to Direct Further Consideration of a Planning Commission, Zoning Administrator, or Development Advisory Board Action
A. All agendas for Zoning Administrator, Development Advisory Board and Planning Commission hearings shall be provided to the City Council at least 72 hours prior to the date of the hearing.
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B. Within 10 days following any decision or action of the Planning Commission, Zoning Administrator, or Development Advisory Board, the City Council may direct that such decision or action be sent to the Planning Commission for further consideration.
C. Within 10 days following any decision or action of the Planning Commission, the City Council may call-up such decision for further consideration.
D. Upon sending or calling -up a decision or actio n pursuant to Subsections B and C of this Section, the applicable hearing body shall set the matter for hearing, which shall be noticed and conducted pursuant to Division 2.03 (Public Hearings) of this Development Code. The hearing shall proceed pursuant to Section 2.04.010.B (Appeal Procedure) of this Division.
E. The Planning Commission or City Council may affirm, reverse, or modify the decision or action being reconsidered. The Planning Commission 's decision shall be final and conclusive, unless appealed to the City Council pursuant to Section 2.04.010 (Appeals) of this Division. The City Council's decision shall be final and conclusive.
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Ontario Development Code Page 2.05-1 (Rev. 12.01.2020)
Division 2.05—City Initiated Modification or Revocation
Sections:
2.05.000: Purpose
2.05.005: Applicability
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use
2.05.000: Purpose
The purpose of this Division is to:
A. Establish procedures for securing disciplinary or punitive modification or revocation o f a previously granted Conditional Use Permit, or Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship; and
B. Establish procedures for the revocation of Conditional Use Permits , for which the land use granted has been abandoned.
2.05.005: Applicability
A. Conditional Use Permit.
1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(2) The Conditional Use Permit granted is being, or has rec ently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(3) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nu isance.
b. The action to modify a Conditional Use Permit shall have the effect of changing the physical and/or operational aspects of the Conditional Use Permit . The changes may include the physical and/or operational aspects related to noise, buffers, durat ion of the permit, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect or condition determined to be reasonable and necessary to ensure that the Conditional Use Permit is implemented in a manner consistent with the original findings for approval, and all conditions of project approval.
2. Disciplinary or Punitive Revocation.
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a. The Approving Authority shall have authority to revoke a Conditional Use Permit, based upon one or more of the following causes of action:
(1) The Conditional Use Permit approval was obtained by fraud;
(2) The Conditional Use Permit granted is not being exercised, has ceased to exist, or has been suspended for more than 180 consecutive days;
(3) The Conditional Use Permit granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4) The Conditional Use Permit granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5) The Conditional Use Permit granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The Approving Authority 's action to revoke a Conditional Use Permit shall have the effect of terminating the permit and denying the privileges granted by the original approval and any subsequent modifications.
3. Revocation of Due to Abandonment of Use . A Conditional Use Permit granting a land use that is not being exercised, h as ceased to exist, or has been suspended for more than 180 consecutive days, may be deemed to be abandoned (cause of action) and may be revoked solely on the basis of its abandonment.
B. Historic Preservation—Certificate of Appropriateness or Certificate of Economic Hardship.
1. Disciplinary or Punitive Modification.
a. The Approving Authority shall have authority to add, delete, or modify conditions of approval imposed upon a previously granted Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of certificate approval;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(3) The Certificate of Appropriateness or Certificate o f Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The action to modify a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of changing the physical aspects of the certificate, such as landscaping and irrigation, lighting, parking, performance guarantees, property maintenance, signs, paving, or any other aspect or condition determined to be reasonable and necessary to 238
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Ontario Development Code Page 2.05-3 (Rev. 12.01.2020)
ensure that the c ertificate is implemented in a manner consistent with the original findings fo r approval, and all conditions of project approval.
2. Disciplinary or Punitive Revocation.
a. The Approving Authority shall have authority to revoke a Certificate of Appropriateness or Certificate of Economic Hardship, based upon one or more of the following causes of action:
(1) The Certificate of Appropriateness or Certificate of Economic Hardship approval was obtained by fraud;
(2) The Certificate of Appropriateness or Certificate of Economic Hardship granted is not being exercised;
(3) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being, or has recently been exercised contrary to the terms and/or conditions of application approval;
(4) The Certificate of Appropriateness or Certificate of Economic Hardship granted is being or has been exercised in violation of a federal, State or City statute, ordinance, law, or regulation; and/or
(5) The Certificate of Appropriateness or Certificate of Economic Hardship granted was exercised in a way that is detrimental to the public peace, health, safety, or welfare, or constitutes a nuisance.
b. The Approving Authority's action to revoke a Certificate of Appropriateness or Certificate of Economic Hardship shall have the effect of terminating the certificate and denying the privileges granted by the original approval and any subsequent modifications.
2.05.010: Procedures for Disciplinary or Punitive Modification or Revocation
A. Initiation of Modification or Revocation.
1. Conditional Use Permit . It shall be the responsibility of the Zoning Administrator to determine whether reasonable grounds exist to initiate a Conditional Use Permit modification or revocation.
2. Certificate of Appropriateness or Certificate of Economic Hardship . It shall be the responsibility of the Historic Preservation Subcommittee to determine whether reasonable grounds exist to initiate a Certificate of Appropriateness or Certificate of Economic Hardship modification or revocation.
B. Hearing Notification. Upon determination that reasonable grounds exist to initiate a permit or certificate modification or revocation, the City shall:
1. Schedule a hearing before the Approving Authority, which shall be noticed pursuant to Division 2.03 (Public Hearings) of this Development Code, based upon the type of application being considered ( Note: I f Division 2.03 (Public Hearings) does not require public 239
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notification for the application type being considered, no public notice shall be required for the modification/revocation hearing); and
2. Serve the affected a pplicant(s) and property occupant(s), and property owner if different from the applicant(s) or property occupant(s), with a Notice of Commencement of Modification/Revocation Proceedings. The notice shall be sent by certified mail at least 10 days prior to the public hearing date, and shall contain the following minimum information:
a. A description of the subject property, including street address, Assessor Parcel Number(s) or legal description;
b. The name(s) of the owner, and name(s) of occupants if different from the owner;
c. The project file number and date of issuance;
d. A description of the authorized land use or development entitlement, or discretionary administrative permit;
e. Statements supporting one or more of the causes of action contained in Section 2.05.005 (Applicability) of this Division;
f. A statement that the Approving Authority will hold a public hearing within 60 days following the date of the Notice, to determine whether sufficient cause exists and that the Approving Authority, at the conclusion of the hearing, may either revoke the entitlement or permit, or take other action as deemed appropriate to ensure entitlement or permit compliance;
g. A statement that the applicant, owner, and/or occupant may appear in person and/or be represented by legal counsel, may present oral and documentary evidence, and may call witnesses and may ask questions of witnesses called on behalf of the City; and
h. The date, time, and place of the public hearing.
C. Hearing.
1. The modification or revocation shall be heard and acted upon pursuant to the procedures for public hearings contained in Division 2.03 (Public Hearings) of this Development Code.
2. At the conclusion of the hearing, the Approving Authority may take appropriate action to ensure permit or certificate compliance, including the addition, deletion, or modification of conditions of approval, or revocation of the permit or certificate.
D. Decision and Notice to Property Owner.
1. Within 45 days following the conclusion of the modification or revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the causes of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
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2. The decision of the Approving Authority to modify or revoke an approved discretionary permit or action shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
2.05.015: Procedures for Conditional Use Permit Revocation Due to Abandonment of Use
A. Revocation Initiation. The Approving Authority may initiate the revocation of a Conditional Use Permit when sufficient grounds exist, which clearly demonstrate abandonment of the use granted.
B. Hearing Notification. Upon determination by the Approving Authority that reasonable grounds exist to initiate Conditional Use Permit revocation, the Approving Authority shall conduct a hearing, setting the date and time upon which the request will be considered. Notice of the hearing shall be given, and the hearing shall be conducted, pur suant to Division 2.03 (Public Hearings) of this Development Code.
C. Decision and Notice to Property Owner.
1. The Approving Authority shall not revoke a Conditional Use Permit if there is a compelling government interest in maintaining the subject permit.
2. The Approving Authority's action to revoke a Conditional Use Permit shall have the effect of terminating the land use permit, along with any privileges granted by the original approval and any subsequent modifications that may have been granted.
3. Following the conclusion of the revocation hearing, the Approving Authority shall render a decision and shall mail notice of the decision, including facts and reasons supporting the cause of action, to the property owner and property occupant, if different from the property owner, and any other interested persons that have filed a written request for the notice.
4. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
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Division 2.06—Performance Guarantees
Sections:
2.06.000: Purpose
2.06.005: Applicability
2.06.010: Surety Form and Amount
2.06.015: Surety for Maintenance
2.06.020: Duration of Surety
2.06.025: Release or Forfeiture of Surety
2.06.000: Purpose
The purpose of this Division is to establish a procedure by which a discretionary permit or action, or ministe rial permit or decision may require, by conditions of approval or by action of the Approving Authority, to provide surety guaranteeing the faithful performance and proper completion of any approved work and compliance with conditions of approval.
2.06.005: Applicability
The provisions of this Division shall apply to performance guarantees for projects authorized by any a discretionary permit or action, or ministerial permit or decis ion required by this Development Code.
2.06.010: Surety Form and Amount
The required surety shall be in a form (e.g., cash deposit, certificate of deposit, surety bond, etc.) approved by the Planning Director or City Engineer, upon recommendation of the City Attorney.
The amount of surety shall be a s determined by the Planning Director and/or City Engineer to be necessary to ensure proper completion of the work and compliance with conditions of approval.
2.06.015: Surety for Maintenance
In addition to any improvement surety required to guarantee proper completion of work, the Planning Director or City Engineer may require surety for maintenance of the work in an amount determined by the Planning Director and/or City Engineer to be sufficient to ensure the proper maintenance and functioning of improvements.
2.06.020: Duration of Surety
Required improvement surety shall remain in effect until final inspections have been made and all work has been accepted by the Planning Director and/or City Engineer , or until any warranty period required by the Planning Director and/or City Engineer has lapsed. Maintenance surety shall remain in effect for the one-year period following the date of final inspection.
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2.06.025: Release or Forfeiture of Surety
A. Upon satisfactory completion of work and the approval of a final inspection at the end of the required time for maintenance surety, the improvement and/or maintenance deposits or bonds shall be released.
B. Upon failure to complete all required work, failure to comply with all of the terms of any applicable permit or failure of the completed improvements to function properly, the City may perform the required work or cause it to be completed, and collect from the permittee or surety, all the costs incurred by the City, including the all costs for the work and all related administrative, inspection and legal costs.
C. Any unused portion of the surety shall be refunded to the funding source after deduction of all costs for the work and all related administrative, inspection and legal costs. 244
Chapter 4.0:
Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions
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Division 4.01—Legislative Actions
Sections:
4.01.000: Purpose
4.01.005: Applicability
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
4.01.015: Development Agreements
4.01.020: Development Code Amendments
4.01.025: Amendments to the Policy Plan Component of The Ontario Plan (General Plan Amendments)
4.01.030: Planned Unit Developments (PUD) and Amendments
4.01.035: Specific Plans and Amendments
4.01.040: Zone Changes
4.01.000: Purpose
The purpose of this Division is to pr escribe procedures for the consideration of legislative actions by the appropriate Reviewing Authorities. Generally, legislative actions entail the establishment of rules, policies, or standards of general applicability, which involve the exercise of discr etion and preside over considerations of public health, safety, and welfare.
4.01.005: Applicability
Whenever the public necessity, convenience, general welfare, or good planning practice so requires, the appropriate Reviewing Authorities, as prescribed by Table 2.02 -1 (Review Matrix) of this Development Code, may consider the adoption of a legislative action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the legislative action being considered.
4.01.010: Airport Land Use Compatibility Plan (ALUCP) and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing the Los Angeles/Ontario International Airport Land Use Compatibility Plan pursuant to the provisions of PUC Section 21670 et seq., whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. PUC Section 21675 requires the preparation of an Airport Land Use Compatibility Plan (ALUCP) that will provide for the orderly growth of Los Angeles/Ontario Inter national Airport and the area surrounding the airport and will safeguard the inhabitants within the vicinity of the airport and the public in general. The City Council may, by ordinance and upon written recommendation of the Planning Commission, further amended, supplement or change the ALUCP, whenever the public necessity, convenience, general welfare, and good planning practice so requires.
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2. The Los Angeles/Ontario International Airport Land Use Compatibility Plan and any amendments thereto, shall be enfo rceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for ALUCP adoption or an amendment there to, shall be filed, processed, and heard pursuant to Sec tion 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. An ALUCP, or any amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1. The proposed ALUCP, or amendment thereto, will protect the public health, safety, and welfare by ensuring the orderly expansion of airports;
2. The proposed ALUCP, or amendment thereto, will minimize the public's exposure to excessive noise and safety hazards within areas around the airport to the extent that these areas are not already devoted to incompatible uses;
3. The proposed ALUCP, or amendment thereto, is consistent with the goals and policies of the general plan; and
4. The proposed ALUCP, or amendment thereto, is reasonable and beneficial, and in the interest of good planning practice.
4.01.015: Development Agreements
A. Purpose. The purpose of this Section is to establish pro cedures for adopting, amending, supplementing, or changing Development Agreements by and between the City and persons having a legal or equitable interest in a property proposed to be the subject of an agreement, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65864, et seq., the City Council may, by ordinance and upon written recommendation of the Planning Commission as to the consistency of a proposed Development Agreem ent with the Policy Plan (General Plan) component of The Ontario Plan, enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. It is intended that the provisions of this division shall be fully consistent and compliant with the provisions of GC Section 65864, et seq., and shall be so construed.
C. Agreement Contents.
1. A Development Agreement entered into pursuant to the provisions of this Division shall, at a minimum, include the following information:
a. Duration of the agreement;
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b. The permitted use(s) of the property;
c. The density or intensity of use;
d. The maximum height and size of proposed buildings; and
e. Provisions for reservation or dedication of land for public purposes.
2. In addition to the minimum information required by Paragraph C.1., above, the development agreement may include the following:
a. Conditions, terms, restrictions, and requirements fo r subsequent discretionary actions, provided such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the use(s) and to the density or intensity of development set forth in the agreement;
b. Provide that construction shall be commenced within a specified time period and that the project, or any phase thereof, be completed within a specified time;
c. Terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time; and
d. Any other such terms, conditions, and requirements as deemed necessary and proper by the City Council, including, but not limited to, a requirement for assuring to the satisfaction of the City, performance of al l provisions of the development agreement in a timely fashion by the agreement holder.
D. Application Filing, Processing and Hearing. An application for Development Agreement consideration shall be filed, processed, and heard pursuant to Section 2.02.015.A ( Legislative Actions) of this Development Code.
E. Findings. A Development Agreement shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing that the provisions of the Agreement are consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Counci l Priorities components of The Ontario Plan, and any applicable specific plans , and giving supporting reasons for each finding. A Development Agreement shall be denied if one or more of the required findings cannot be clearly established.
F. Recordation of Agreement. Within 10 days following the City entering into a Development Agreement, the City Clerk shall record with the county recorder, a copy of the Agreement, which shall prescribe the land subject to the agreement. From and after the time of recordatio n, the Agreement shall impart notice thereof to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to, all successors in interest to the parties to the agreement.
G. Amendments. A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the Agreement, or their successors in interest. Any action to amend or cancel any portion of the Agreement shall be carried out pursuant to the procedures specified in Subsection D (Application Filing, Processing and Hearing), above.
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H. Annual Review.
1. Every Development Agreement approved and executed pursuant to this Division shall be annually reviewed during the term of the Agreement, following the date of its execution.
The purpose of the review is to determine whether the holder of the Agreement has complied in good faith with the terms of the Agreement. The burden shall be placed on the holder of the Agreement to demonstrate compliance to the full satisfaction of and in a manner prescribed by the City.
2. If as a result of annual review pursuant to this Subsection the City Council finds and determines, on the basis of substantial evidence, that the holder of the Development Agreement has not complied in good faith with the terms or conditions of the Agreement, the City Council may either amend or terminate the Agreement.
I. Modification/Suspension in Compliance with State or Federal Regulations. In the event that State or Federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the Agreement shall be modified or suspended as may be necessary to comply with State or Federal laws or regulations.
4.01.020: Development Code Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing this Development Code whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance and upon written recommendation of the Planning Commission, amend, supplement , or change the ordinances codified in this Development Code whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for a Development Code Amendment shal l be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Development Code Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1. The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Pl an), and City Council Priorities components of The Ontario Plan; and
2. The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
E. Urgency Measure: Interim Ordinance. Without following the procedures otherwise required prior to the adoption of a Development Cod e Amendment, to protect the public safety, health, 250
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and welfare, the City Council may adopt as an urgency measure, an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or the Planning Department is considering or studying, or intends to study within a reasonable period. An urgency measure shall be completed pursuant to the provisions of GC Section 65858.
4.01.025: Amendments to the P olicy Plan Component of The Ontario Plan (General Plan Amendments)
A. Purpose. The Policy Plan component of The Ontario Plan serves as the City's General Plan, which is mandated by State law pursuant to GC Section 65300, et seq. The purpose of this Section is to establish procedures for amending, supplementing, or changing the Policy Plan whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Section 65358, the City Council may, by resolution and upon written recommendation of the Planning Commission, amend, supplement, or change the Policy Plan (General Plan) component of The Ontario Plan.
2. A mandatory element of the Policy Plan shall not be amended more than 4 times during any calendar year; except that this limitation shall not apply to amendments necessary for the development of residential units where at least 25 percent of the proposed units will be occupied by, or available to, persons and families of low or moderate income, as defined by HSC Section 50093.
C. Application Filing, Processing and Hearing. An application for a General Plan (Policy Plan) Amendment shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A General Plan (Policy Plan) Amendment shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided duri ng the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Technical Amendment Findings. The first finding (Subparagraph D.1.a, below) and any one or more of the subsequent findings (Subparagraphs D.1.b through e, below) shall justify a technical amendment:
a. The proposed amendment will not change any policy direction or intent of the Policy Plan (General Plan) component of The Ontario Plan.
b. An error or omission is in need of correction.
c. A land use designation was based on inaccurate or misleading information and, therefore, should be changed to properly reflect the policy intent of the Policy Plan (General Plan) component of The Ontario Plan.
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d. A point of clarification is needed to more accurately express the meaning of the Policy Plan (General Plan) component of The Ontario Plan, or eliminate a source of confusion.
e. A minor change in boundary will more accurately reflect geological or topographic features, or legal or jurisdictional boundaries.
2. Entitlement/Policy Amendment Findings. The first two findings ( of the Policy Plan (General Plan) component of The On tario Plan, below), and any one or more of the subsequent findings (Subparagraphs D.2.c through f, below), shall justify an entitlement/policy amendment:
a. The proposed change does not involve a change in, or conflict with:
(1) The Ontario Plan Vision;
(2) Any principle of the Policy Plan (General Plan) component of The Ontario Plan; or
(3) Any basic/foundational component of The Ontario Plan.
b. The proposed amendment would contribute to the achievement of the purposes of the Policy Plan (General Plan) component of The Ontario Plan, or, at a minimum, would not be detrimental to them.
c. Special circumstances or conditions have emerged that were unknown or unanticipated at the time the Policy Plan (General Plan) component of The Ontario Plan was adopted.
d. A change in po licy is required to conform to changes in state or federal law, or applicable findings of a court of law.
e. An amendment is required to comply with an update of the Housing Element or change in State Housing Element law (commencing with GC Section 65580).
f. An amendment is required to address changes in public ownership of land.
3. Land Use Amendment Findings. The first four findings (Subparagraphs D.3.a through d, below), and any one or more of the subsequent findings (Subparagraphs D.3.e through h, below), shall justify an entitlement/policy amendment:
a. The proposed General Plan Amendment is consistent with the goals and policies of The Ontario Plan.
b. The proposed General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
c. The Land Use Element is a mandatory element of the Policy Plan (General Plan) component of The Ontario Plan, which, pursuant to GC Section 65358, may be amended up to four times per calendar year, and the proposed Gener al Plan Amendment is the first, second, third, or fourth (insert applicable amendment cycle) amendment to the Land Use Element within the current calendar year.
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d. During the amendment of the Policy Plan (General Plan) component of The Ontario Plan, opportunities for the involvement of citizens, California Native American Indian tribes (pursuant to GC Section 65352.3), public agencies, public utility companies, and civic, education, and other community groups, through public hearings or other means, were impl emented consistent with GC Section 65351.
e. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties listed in the Housing Element Sites Inventory. Furthermore, changing the land use designation of the subject property from the existing Policy Plan (General Plan) land use designation (including density, if applicable) to the proposed Policy Plan (General Plan) land use designation (including density, if applicable) will not impact the City 's Regional Housing Needs Assessment (RHNA) obligations, or the City's ability to satisfy its share of the region's future housing need.
f. The proposed project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan , as the project site is listed in the Housing Element Sites Inventory, and the proposed project is consistent with the number of dwelling units and density specified in the Housing Element Sites Inventory.
g. The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and t he proposed project is not consistent with the number of dwelling units or density specified in the Housing Elem ent Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required. Removal of the subject property from the inventory will not impact the City's RHNA obligations since there are an adequate number of sites in the inventory to meet the City's RHNA obligations.
h. The proposed project is not consistent with the adopted Housing Element.
The project site is listed in the Housing Element Sites Inventory of the Policy Plan (General Plan) component of The Ontario Plan, and t he proposed project is not consistent with the number of dwelling units or density specified in the Housing Element Sites Inventory; therefore, a General Plan Amendment to remove the subject property from the Housing Element Sites Inventory is required.
Removal of the subject property from the inventory will impact the City 's RHNA obligations since there are not an adequate number of sites in the inventory to meet the City 's RHNA obligations; therefore, the following property(ies) will be added to the Housing Element Sites Inventory:
Assessor Parcel Numbers (APN) Lot Area
[insert APN] [insert lot area]
Housing Element Sites Inventory
Existing Proposed
Number of Units: [insert existing number of units] [insert proposed number of units] Assumed Density: [insert existing density] [insert proposed density]
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4.01.030: Planned Unit Developments (PUD) and Amendments
A. Purpose.
1. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing PUDs whenever the public necessity, convenience, general welfare, or good planning practice so requires.
2. The PUD is intended to:
a. Secure a fuller realization of the Policy Plan component of The Ontario Plan than would result from the strict application of present zoning district regulations;
b. Promote high standards in urban design;
c. Encourage the development of exceptionally high quality, mixed-use, high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and
d. Ensure harmonious relationships with surrounding land uses.
B. Authority.
1. Pursuant to GC Section 65850, the City Council may, by ordinance and upon written recommendation of the Planning Commission, adopt, amend, supplement or change regulations pertaining to the use of buildings, structures, and land; and establish development standards governing: building loca tion, height, bulk, number of stories, and size; the size and use of lots, yards, courts, and other open spaces; lot coverage; the intensity of land use; off -street parking and loading; and signage, whenever the public necessity, convenience, general welfare and good planning practice so requires.
2. A PUD shall be required for those properly identified areas shown on Exhibit LU-05 (Additional Plans Required Map) of The Ontario Plan, and may be allowed on those properties located within the growth areas descr ibed on Exhibit LU -04 (Generalized and Growth Areas) of The Ontario Plan and in conjunction with mixed-use developments.
3. A PUD, and any amendments thereto, adopted pursuant to this Division shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. An application for Planned Unit Development adoption or amendment thereto, shall be filed, processed, and heard pursuant to Section
2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A PUD, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
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1. The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property (ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.
4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority.
1. Pursuant to GC Sectio n 65450 , et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.
2. A Specific Plan and any amendments thereto, adopted pursuant to this Divisi on, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.
C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, an application for Specific Plan adop tion or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1. The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibit s of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 255
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3. In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not a dversely affect the harmonious relationship with adjacent properties and land uses; and
4. In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
4.01.040: Zone Changes
A. Purpose. The purpose of this Section is to establish procedures for amending or changing the zoning boundaries or zoning classification (Zone Change) of any property within the City whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Authority. Pursuant to GC Section 65853 through Section 65859, the City Council may, by ordinance, and upon written recommendation of the Planning Commission, change the zoning boundaries or classification of any property within the City, whenever the public necessity, convenience, general welfare, or good zoning practice so requires.
C. Application Filing, Processing and Hearing. An application for Zone Change shall be filed, processed, and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.
D. Findings and Decision. A Zone Change, or amendment thereto, shall be acted upon by the Approving Authority b ased upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
2. The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;
3. The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses; and
4. The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
E. Prezoning of Unincorporated Territory. The prezoning of unincorporated territory within the sphere of influence of the City may be initiated by the Planning Commission on its own motion, or by the City Council in the form of a request to the Planning Commission that it consider the prezoning, or by a petition of the owner or owners of land in the unincorporated territory proposed to be prezoned. A Prezone shall be completed pursuant to GC Section 65859 and this Section and shall become effective at the same time annexation of territory to the City becomes effective. 256
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Division 4.02—Discretionary Permits and Actions
Sections:
4.02.000: Purpose
4.02.005: Applicability
4.02.010: Billboard Relocation Agreements
4.02.015: Conditional Use Permits
4.02.020: Departures from Development Standards ( Minor Adjustments/Alterations and Variances)
4.02.025: Development Plans
4.02.030: Extensions of Legal Nonconforming Status
4.02.040: Historic Preservation —Local Hist oric Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource
4.02.050: Historic Preservation —Certificates of Appropriateness and Demolition of Historic Resources
4.02.055: Historic Preservation—Certificates of Economic Hardship
4.02.060: Historic Preservation—Conservation Plans
4.02.065: Historic Preservation—Mills Act Contracts
4.02.070: Master Plans and Amendments
4.02.075: Sign Programs
4.02.080: Specific Plan Minor Amendments/Alterations
4.02.090: Subdivisions—Reversions to Acreage
4.02.095: Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps
4.02.000: Purpose
The purpose of this Division is to prescribe procedures for the consideration of discretionary permits or actions. A discretionary permit or action, as established by Table 2.02 -1 (Review Matrix) of t his Development Code, includes projects that require the exercise of judgment or deliberation when making a decision to approve, conditionally approve, or deny a particular activity.
4.02.005: Applicability
The Reviewing Authorities prescribed by Table 2.02-1 (Review Matrix) of this Development Code, shall consider a discretionary permit or action pursuant to the general provisions prescribed by Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Division that are appropriate to the discretionary permit or action being considered.
4.02.010: Billboard Relocation Agreements
A. Purpose. The purpose of this Section is to establish a procedure to reduce the overall number of legally established nonconforming b illboards within the City, allowing billboards to be relocated to locations within the City that are more suitable, and provide for more attractive, aesthetically pleasing billboard designs. In addition, Billboard Relocation Agreements are intended to reduce or eliminate the City's obligation to pay compensation for the removal of legal 257
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nonconforming billboards. Billboard Relocation Agreements are part of the City 's demonstrated commitment to improve its overall aesthetic appearance.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, upon written recommendation of the Advisory Authority, is hereby empowered to approve, approve in modified form, or deny a Billboard Relocation Agreement for the relocation of legally established nonconforming billboards within the City, to a relocation site established pursuant to this Section, provided a minim um of two existing legal nonconforming billboards are removed.
2. Existing legally established nonconforming billbo ards may be relocated only as part of a Billboard Relocation Agreement.
3. A relocated billboard proposed pursuant to this Section shall require the concurrent filing of a Sign Plan application pursuant to Section 4.03.020 (Sign Plans) of this Development Code.
C. Definitions. For the purposes of this Section, the following definitions shall apply:
1. "Major Gateway " means an entry into the City through a major transportation corridor or node (e.g., airport, arterial, and rail lines).
2. "Regionally Significant" means a use that supports activities or economies at a scale greater than that of a single jurisdiction, drawing predominately from a market area that extends at least 20 miles beyond the City limits.
3. "Underdeveloped" means a lot that is not developed to its highest and best use.
4. "Visual Clutter" means disorganized, distracting, and/or competing graphics within public view, which contribute to visual blight.
D. Relocation Sites and Billboard Design Criteria. Generally, relocation sites are restricted to areas that are recognized as major gateways into the City, within or adjacent to a regionally significant project. The following considerations shall serve as guidelines for the placement and design of relocated billboards:
1. Site Criteria. The below-listed considerations shall serve as general guidelines for use by applicants and the City in the identification of potential suitable billboard relocation sites.
Specific sites within suitable areas will be negotiated through the Billboard Relocation Agreement process.
a. The area is developed with a legally established allowed use that is regionally significant;
b. The area does not have excessive visual clutter;
c. The proposed relocated billboard would be compatible with uses and structures on the site, and in the surrounding area;
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d. The proposed billboard would not create a traffic or safety problem with regard to on-site access, circulation, or visibility; and
e. The proposed billboard would not interfere with on -site parking or landscaping required by City ordinance or permit.
2. Prohibited Sites . No Billboard shall be relocated to a site if it meets any of the following criteria:
a. The site is adjacent to any freeway (Interstate 10, Interstate 15, or State Route 60) or Euclid Avenue;
b. The site is located within the AG (Interim Agricultural Overlay) zoning district;
c. The site is undeveloped or underdeveloped;
d. The site is within 3,000 FT of property located within a residential land use district shown on the Land Use Plan (Exhibit LU-01) of the Policy Plan (General Plan) component of The Ontario Plan; and
e. The site is within 3,000 FT of an existing billboard or electronic message center.
f. Interagency Relocation Exception. Notwithstanding the foregoing, a billboard may be relocated from a location outside the City, to any location within the City, pursuant to an agreement approved at the discretion of the City Council, between the City and another public agency, so long as the following findings can be clearly established:
(1) A minimum of 6 existing , legal nonconforming billboards shall be removed, at least 5 of which must be currently located within the City;
(2) The billboard's relocation is necessitated by work being performed on the same freeway as the planned new site for the billboard; and
(3) The public health safety and welfare are not impaired by the relocation.
3. Design Criteria. Typical billboard design with a large sign area mounted on a pole is not permitted. Pylon-type signs, which are structural elements with architectural treatment, are required. Suitable design shall be based on the following considerations:
a. The design should be integrated into the design scheme of the surrounding area and/or buildings;
b. The design shall provide architectural interest for the structure; and
c. The design shall incorporate a top and base treatment to the billboard structure;
E. Candidate Billboards for Relocation. The following considerations shall serve as general guidelines in identifying candidate billboards for relocation:
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1. Areas of general priority for removal and relocation include redevelopment project areas, areas along major thoroughfares leading into commercial districts, areas visible to freeways and highways, and streets upon which billboards are heavily concentrated and contribute to existing visual clutter.
2. Candidate billboards must be legally established non -conforming billboards.
Illegally placed billboards shall not be candidates for Billboard Relocation Agreements.
F. Application Filing, Processing and Hearing. A Billboard Relocation Agreement application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
G. Findings. A Billboard Relocation Agreement shall be acted on based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The Agreement shall be denied if one or more of the below -listed findings cannot be clearly established.
1. The Billboard Relocation Agreement is consistent with the goals, policies, plans and exhibits of The Ontario Plan, the requirements of the Development Code, and any applicable specific plans, area plans, or planned unit developments;
2. The proposed relocation site is compatible with uses and structures on the site and in the surrounding area;
3. The Billboard Relocation Agreement contributes to the reduction of visual clutter in the City;
4. The proposed site complies with the relocation criteria established by this Section; and
5. The proposed billboard will not create a traffic or safety problem with regard to on- site access, circulation, or visibility.
4.02.015: Conditional Use Permits
A. Purpose. The purpose of this Section is to establish a procedure to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature, intensity or size, or to compensate for variations and degrees of techn ological processes and equipment as related to the generation of noise, smoke, dust, fumes, vibration, odors and other practical hazards.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority, as applicable, is hereby empowered to approve, approve in modified form, or deny a Conditional Use Permit, and to impose reasonable conditions upon the approval of the application.
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2. Conditional Use Permit approval shall be required prior to: [i] the establishment of those land uses, activities and facilities so identified in Table 5.02 -1 (Land Use Matrix) of this Development Code; [ii] the conversion of any existing residential development project for sale, transfer, or conveyance as a common inte rest project pursuant to Section 6.08.045 ( Conversion to a Residential Common Interest Project); [iii] the conversion of any existing commercial or industrial development project for sale, transfer, or conveyance, as a common interest project pursuant to Section 6.08.050 (Conversion to a Commercial or Industrial Common Interest Project); and [iv] the alteration/expansion of a nonconforming nonresidential land use or structure pursuant to Subsection 3.01.020.J ( Alteration and/or Expansion of a Nonconforming Nonresidential Structure) of this Development Code.
C. Application Filing, Processing and Hearing. A Conditional Use Permit application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. A Conditional Use Permit shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
1. The scale and intensity of the proposed land use would be consistent with the scale and intensity of land uses intended for the particular zoning or land use district.
2. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan .
3. The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the objectives and requirements of this Development Code and any applicable specific plan or planned unit development.
4. The proposed use at the proposed location would be consistent with the provisions of the Airport Land Use Compatibility Plan.
5. The establishment, maintenance, and operation of the proposed u se at the proposed location would not be detrimental or injurious to property and improvements within the vicinity, nor would it be detrimental to the health, safety, or general welfare of persons residing or working in the surrounding neighborhood.
E. Conditions of Approval.
1. In approving a Conditional Use Permit, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
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2. The conditions imposed on Conditional Use Permits may include provisions concerning use, height, area, yards, open spaces, setbacks, parking, loading, signs, improvements (public and private), site design, operational characteristics, land use compatibility, general character, appearance, environmental impact, time limits for commencement or termination of the construction or use authorized, revocation and use termination dates, and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3. A copy of the approving decision or resolution, and related conditions of approval (if any) issued by the Approving Authority shall be maintained on site and shall be made available for inspection upon demand by a City representative.
4. A Conditional Use Permit shall only apply to the approved particular use on a particular property, which may be transferred from one owner of the property to another successive owner of the same property.
5. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Conditional Use Permit Modification/Revision.
1. Conditional Use Permit s and/or thei r conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no re sulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed as a revised Conditional Use Permit, following the procedures set forth in this Section for Conditional Use Permit approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
G. Voluntary Surrender of a Conditional Use Permit. A Conditional Use Permit approved pursuant to this Development Code may be voluntarily surrendered, in writing, by the affected property owner. The procedure for Conditional Use Permit surrender shall be as follows:
1. The Reviewing Authority originally approv ing the subject Conditional Use Permit shall set a date and time on which the request will be considered. Notice of the hearing shall be given pursuant to Division 2.03 (Public Hearings) of this Development Code.
2. The notice shall indicate that any interested person may make a written request at any time prior to the advertised public hearing, or may request in person at the time of the advertised hearing, that a public hearing be held at the advertised date and time. If no hearing is requested, the Reviewing Authority may decide on the matter without a public hearing. If a 262
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public hearing is requested, the Reviewing Authority shall conduct the public hearing pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. The Reviewing Authority shall deny the surrender of the Conditional Use Permit only if it can be clearly shown that there is a compelling government interest in maintaining the Conditional Use Permit.
4. The decision of the Reviewing Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
4.02.020: Departures from Development Standards (Minor Adjustments/Alterations and Variances)
A. Purpose. The purpose of this Section is to establish procedures by which departures from certain development standards may be permitted by this Development Code when certain specified circumstances exist.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny certain departures from certain development standards established by this Development Code, and to impose reasonable conditions upon the approval of such request.
2. The City 's authority to grant departures from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances ap plicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the City may allow deviation from the strict application of the development regulations.
C. Minor Adjustments/Alterations.
1. Purpose. Minor Adjustments/Alterations , like Variances, are intended to allow for departures from the strict application of the numerical development standards established by this Development Code, when their strict application would result in practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of the development regulations. Minor Adjustments/Alterations, however, are determined to have a lesser (minor) measure of impact than Variances, due to the limited measure of adjustment allowed; therefore, requiring a modified review process.
2. Applicability.
a. Pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Minor Adjustment/Alteration, and to impose rea sonable conditions upon the approval of the application.
b. Minor Adjustments/Alterations may be approved for:
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(1) A reduction of up to 25 percent from minimum setback and separation requirements, excepting nonresidential setback requirements from property line s that are common with any residentially zoned property; or
(2) A 10 percent increase in the maximum height of structures.
c. A Minor Adjustment/Alteration shall not be approved for reductions in minimum lot size, lot coverage, lot dimension, landscape coverage , parking requirements, or for an increase in maximum density or floor area ratio.
d. Notwithstanding the above, a Minor Adjustment/Alternation may be approved in the CCS (Convention Center Support Commercial) zoning district within the Ontario Sports Empire for [i] a reduction up to 5 0 percent of the minimum setback and separation requirements, except for nonresidential setback requirements along property lines that are common with any residentially zoned property , and [ii] the encroachment of balconies into a required street -facing property line setback up to a maximum of 66 percent of the required setback, and not to exceed 10 FT.
3. Application Filing, Processing and Hearing.
a. A Minor Adjustment/Alteration shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
b. The applicant and the owners of all properties having a property line common with the affected property shall be notified of the proposed Minor Adjustment/Alteration pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code. Furthermore, the notice shall state that a public hearing shall not be required unless requested by the applicant, an abutting property owner, or other affected person or entity.
c. A public hearing, if requested, shall be conducted pursuant to Division 2.03 (Public Hearings) of this Development Code.
d. If no public hearing is requested, the Zoning Administrator shall approve, approve in modified form, or deny a Minor Adjustment/Alteration no less than 10 days following distribution of the notice required by Subparagraph D.3.b, above.
4. Findings and Decision . A Minor Adjustment/Alteration shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;
b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of t he property, that do not apply generally to other properties in the vicinity and in the same zoning district;
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c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Minor Adjustment/Alteration will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity; and
e. The proposed M inor Adjustment/Alteration is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan , and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Minor Adjustment/Alteration, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the s ame extent as any other applicable requirement of this Development Code.
D. Variance.
1. Purpose. The City's authority to grant a Variance from the development regulations contained in this Development Code is authorized by GC Section 65906, which provides that in cases where special circumstances applicable to a property exist, and the strict application of the development regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, th e City may allow deviation from the strict application of the development regulations.
2. Applicability.
a. Pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, the Approving Authority, is hereby empowered to approve, approve in modified form, or deny a Variance application, and to impose reasonable conditions upon the approval of the application.
b. A Variance may be approved to allow deviation from any numerical development standard established by this Development Code with respect to minimum and/ or maximum dimension, area, mass, and quantity, except that a Variance shall not be granted for increases in maximum density or floor area ratio.
c. A variance shall not be approved on a lot that authorizes a use or activity that is not otherwise expressly authorized by the zoning district governing the affected lot, nor shall the power to approve a Variance extend to any public health or safety standard, as this authority has been precluded by state laws.
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3. Application Filing, Processing and Hearing . A Variance application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
4. Findings and Decision. A Variance shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the development regulations contained in this Development Code;
b. There are exceptional or extraordinary circumstances or conditions applicable to the property inv olved, or to the intended use of the property, that do not apply generally to other properties in the vicinity and in the same zoning district;
c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d. The granting of the Variance will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity ; and
e. The proposed Variance is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and the purposes of any applicable specific plan or planned unit development, and the purposes of this Development Code.
5. Conditions of Approval.
a. In approving a Variance, the Approving Authority , as applicable, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
b. All conditions or requirements authorized by this section are enforceable in the same manner and to the same ext ent as any other applicable requirement of this Development Code.
4.02.025: Development Plans
A. Purpose. The purpose of this Section is to:
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1. Establish a review process whereby the integrity and character of the physical fabric of the City will be protected in a manner consistent with the goals and policies of The Ontario Plan. This is ensured through the review of:
a. The suitability of building location;
b. Location and design of off-street parking and loading facilities;
c. Location, design and dedicat ion of streets and alleys (public and private facilities);
d. Location and design of pedestrian and vehicular entrances and exits;
e. Location, design, materials and colors of walls and fences;
f. Location, design, size, and type of landscaping (public and priva te facilities);
g. Location, design, and materials of hardscape areas, such as patios, sidewalks and walkways (public and private facilities);
h. Drainage and off-site improvements (public and private facilities);
i. Compatibility with the surrounding area;
j. Exterior building architectural design, materials and colors;
k. Quality of proposed design and construction;
l. Location, type, design, colors, and materials of signs; and
m. Any conditions affecting the public health, safety, welfare, and general aesthetic of the community.
2. Protect and preserve the value of properties and to encourage high quality development throughout the City, whereas adverse effects would otherwise result from excessive uniformity, dissimilarity, poor exterior quality and appearance of buildi ngs and structures; inadequate and poorly planned landscaping; and failure to preserve, where feasible, natural landscape features, and open spaces.
3. Recognize the interdependence of land values and aesthetics, and to provide a method to implement this int erdependence in order to maintain the values of surrounding properties and improvements consistent with The Ontario Plan, with due regard to the public and private interests involved.
4. Ensure that the public benefits derived from expenditures of public fun ds for improvement and beautification of streets and public facilities are protected by the exercise of reasonable controls over the character and design of private buildings, structures, parking and loading facilities, landscaped areas, recreation amenities and open spaces.
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5. Ensure the design of landscaping and irrigation that shades parking facilities and other paved areas, buffers or screens undesirable views and compliments building architecture and overall site design.
6. Ensure reasonable controls over the character, design and location of signs, and the appropriate use of well -designed signs that complement the architecture of surrounding buildings, while considering the public and private interests involved and the exercise of control over the undesirable use of excessive signage.
B. Applicability.
1. Pursuant to Table 2.02-1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny a Development Plan application, and to impose reasonable conditions upon a Development Plan approval.
2. Development Plan approval shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building, as follows:
a. The development of 3 or more dwelling units on a single lot;
b. The development of 5 or more lots within a residential subdivision;
c. The development of 5 or more dwelling units, regardless of the number of lots involved;
d. The development of a nonresidential building within a residential zoning district, or an addition thereto, which is in excess of 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
e. The development of a vacant lot within a nonresidential zoning district;
f. The conversio n of a commercial structure to a residential structure , or conversion of a residential structure to a commercial structure;
g. The remodel of, or addition to, an existing nonresidential building, which results in an overall change in the architectural/aesthetic integrity, as determined by the Planning Director;
h. The remodel of, or addition to, a nonresidential building, which would result in the demolition and replacement/reconstruction of more than 50 percent of the existing building;
i. The conversion of a gasoline or fueling station to facilitate another allowed land use (see standards contained in Subsection 5.03.040,C ( Conversion of Gasoline and Fueling Stations) of this Development Code);
j. An a ddition to an institutional facilit y (including religious ass embly and places of worship, government services, healthcare services, and educational services), when such addition would exceed 25 percent of the original structure GFA or 500 SF (cumulative), whichever is less;
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l. The development of a permanent building within the AG zoning district, when such development would exceed 5,000 SF of GFA (cumulative) , or an addition thereto , when such addition would exceed 25 percent of the original structure G FA or 5 ,000 SF (cumulative), whichever is less;
m. The development of an Electric Vehicle Charging Facility (except for charging equipment) or a Semi-Trailer Storage Yard Facility as a primary use;
n. The relocation (move-on) of a building within any zoning district;
o. The addition of dwelling units to a multiple-family residential development project, when such addition would result in 3 or more dwelling units on a single lot after the addition;
p. An addition to a previously developed site within a com mercial zoning district, when such addition would exceed 25 percent of the original structure GFA or 2,000 SF (cumulative), whichever is less;
q. An addition to a previously developed site within an industrial zoning district, when such addition would exceed 25 percent of the original structure GFA or 10,000 SF (cumulative), whichever is less;
r. A Tier 2 or Tier 3 wireless telecommunications facility pursuant to Section
5.03.420 (Wireless Telecommunications Facilities) of this Development Code; and
s. Other projects, which, in the opinion of the Planning Director, require such level of review prior to issuance of a building permit , due to the size, nature and/or complexity of the project, or because the project could cause significant environmental impacts or generate significant neighborhood opposition or controversy.
3. A Development Plan shall remain in effect for the life of the affected development project, which shall be developed and maintained in substantial conformance with the plans as approved by the Approving Authority and shall be maintained on file with the City.
C. Application Filing, Processing and Hearing. A Development Plan application , except for wireless telecommunications facilities in the public right -of-way and facilities qualifying as Eli gible Facilities Requests (EFRs), shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. Applications to install wireless telecommunications facilities in the public right-of-way and for facilities qualifying as EFRs shall be filed and processed pursuant to the following:
1. Scope. There shall be a type of permit entitled a "Wireless Permit," which shall be subject to all of the requirements of this Section. Unless exempted, every person who desires to place a wireless telecommunications facility in the public right-of-way, modify an existing wireless telecommunications facility in the public right -of-way, or perform work as part of an EFR must obtain a Wireless Permit authorizing the placement or modification in accordance with this Section. Except for small cell facilities, facilities qualifying as EFRs, or any other type of facility 269
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(Rev. 02.17.2026) Page 4.02-14 Ontario Development Code expressly allowed in the public right -of-way by state or federal law, no other wireless telecommunications facilities shall be permitted pursuant to this Section.
2. Approving Authority. The Zoning Administrator is the approving authority for wireless telecommunications facilities in the public right-of-way and facilities qualifying as EFRs.
3. Application Submittal. Applications shall be submitted on a City application form issued and amended, from time-to-time, by the Zoning Administrator.
4. Review and Action.
a. The Zoning Administrator shall review t he application and then approve, approve in modified form, or deny the application. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Paragraph C.5 (Appeals), below.
b. The wireless regulation s and decisions on applications for placement of wireless telecommunications facilities in the public right -of-way and facilities qualifying as EFRs shall, at a minimum, ensure that the requirements of this Section are satisfied, unless it is determined that Applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Development Code may be waived by the Zoning Administrator, but only to the minimum extent required to avoid the prohibition or violation.
c. There will be no public hearings.
5. Appeals. The Applicant may appeal the decision to the Planning Commission, which may decide the issue de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wirele ss service provider that intends to use the wireless telecommunications facility. Where the Zoning Administrator grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the Planning Commission. All appeals must be filed within 2 business days of the written decision of the Zoning Administrator, unless the Zoning Administrator extends the time therefore. An extension may not be gr anted where extension would result in approval of the application by operation of law. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law.
D. Findings and Decision. A Development Plan shall be acte d upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establi shing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established. Findings 1-4 do not apply to applications for wireless telecommunications facilities in the public right -of-way or facilities qualifying as EFRs, which are subject to the findings set forth by Paragraph 5, below.
1. The proposed development at the proposed location is consistent with the goals, policies, plans and exh ibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan;
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2. The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, v iews, any physical constraint identified on the site and the characteristics of the area in which the site is located;
3. The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project;
4. The proposed development is consistent with the development standards and design guidelines set forth in the Development Code , or applicable specific plan or planned unit development.
5. Required findings for wireless telecommunications facilities in the public right -of- way and facilities qualifying as EFRs are as follows:
a. Except for EFRs, the Zoning Administrator or Planning Com mission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) The facility is not detrimental to the public health, safety, and welfare;
(2) The facility complies with this Development Code and all applicable design and development standards; and
(3) The facility meets applicable requirements and standards of state and federal law.
b. For EFRs, the Zoning Administrator or Planning Commission, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
(1) That the application qualifies as an eligible facilities request; and
(2) That the proposed facility will comply with all generally applicable laws.
E. Conditions of Approval.
1. In approving a Development Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will b e in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. Conditions of approval imposed upon a Development Plan approval may include, but is not limited to, provisions concerning building height, bulk or mass; setbacks; lot coverage; lighting; private and common open space, and/or recreation amenities; screening, including garages, trash receptacles, mechanical and roof -mounted equipment and a ppurtenances; 271
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(Rev. 02.17.2026) Page 4.02-16 Ontario Development Code landscaping; walls and fences; vehicular parking, access and circulation; pedestrian circulation; on-site security; grading; street dedication and improvements (public and private); on and off-site public improvements (public and private) nec essary to service the proposed development; project timing/phasing; loading and outdoor storage; architectural treatment; signage; vehicular trip reduction; graffiti removal; sound attenuation; reparation and recordation of covenants, conditions and restri ctions, mutual access agreements, maintenance agreements and other similar agreements; property disclosure pursuant to BPC Section 11000 , et seq.; and other conditions the Approving Authority may deem appropriate and necessary to carry out the purposes of the Development Code.
3. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
F. Development Plan Modifications/Revisions.
1. Development Plans and/or their conditions of approval may be modified/revised upon application by a project applicant or property owner if different from the applicant. The request shall be submitted to the Planning Department on a City application form p ursuant to Division 2.02 (Application Filing and Processing) of this Development Code.
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that, in the opinion of the Planning Director, are not minor in nature, shall be processed a s a revised Development Plan , following the procedures set forth in this Section for Development Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.030: Extensions of Legal Nonconforming Status
A. Purpose. The purpose of this Section is to establish a process whereby the date that a legal nonconforming use would lose its legal nonconforming status pursuant to Section 3.01.015 (Nonconforming Land Use) of this Development Code, may be extended to allow additional time to complete the sale of the affected property or structure, secure tenants for the affected property or structure, and/or obtain necessary permits or the completion of necessary improvements.
B. Applicability. Pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, the Approving Authority is hereby empowered to approve, approve in modified form, or deny an Extension of Legal Nonconforming Status application, and to impose reasonable conditions upon the approval of the application.
1. The submittal of an application requesting an Extension of Legal Nonconforming Status shall automatically extend the legal nonconforming status of a land use or structure for an initial period of 60 days to allow for the processing of the request pursuant to the procedures 272
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Ontario Development Code Page 4.02-17 (Rev. 02.17.2026) prescribed by this Section. The Zoning Administrator may then approve an additional 120 -day extension, for a total of 180 days.
2. If due to unforeseen circumstances, a property/structure owner is unable to complete the sale of the affected property, secure necessary tenants for the property or structure, and/or obtain necessary permits and complete all necessary tenant improvements to allow for occupancy of the affected property or structure withi n the period established by Subsection B.2, above, (180 days), the Approving Authority may grant additional extensions, not to exceed a total of one-year.
C. Application Filing, Processing and Hearing. An Extension of Legal Nonconforming Status application shall be filed, processed and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
D. Findings and Decision. An Extension of Legal Nonconforming Status shall be acted on based upon th e information provided in the submitted application, evidence presented in the Planning Department's written report, and comments and testimony provided by the public, only after considering and clearly establishing all of the below -listed findings, and gi ving reasons in support of each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The applicant has made a good faith effort to keep the nonconforming status;
2. A physical and/or economic hardship has prevented the nonconforming use from being reestablished prior to the expiration date;
3. Approving the extension will not adversely affect the character, integrity, or value of surrounding properties;
4. Approving the extension will not adversely a ffect the character, integrity, or general welfare of the neighborhood; and
5. The extension will not adversely impact the public health, safety, or welfare of the City's residents.
E. Conditions of Approval.
1. In approving an Extension of Legal Nonconforming Status, the Approving Authority, may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner and to the same extent as any other applicable requirement of this Development Code.
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4.02.040: Historic Preservat ion—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas
A. Purpose. The purpose of this Section is to establish procedures by which Local Historic Landmarks and Districts, Historic Resource Tiering, and Architectural Conservation Areas may be designated
B. Applicability.
1. Designation of Historic Landmarks and Districts, Historic Resource Tiering and Architectural Conservation Areas. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation —Historic Landmark and District Designations, Historic Resource Tiering and Architectural Conservation Areas application.
2. Local Landmark Designation . A historic resource may be designated an "historic landmark" by the City if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
a. The historic resource exemplifies or reflects special elements of the City 's history;
b. The historic resource is identified with persons or events significant in local, state, or national history;
c. The historic resource is represent ative of the work of a notable builder, designer, architect, or artist;
d. The historic resource embodies distinguishing architectural characteristics of a style, type, period, or method of construction;
e. The historic resource is a noteworthy example of the use of indigenous materials or craftsmanship;
f. The historic resource embodies elements that represent a significant structural, engineering, or architectural achievement or innovation;
g. The historic resource has a unique location, a singular physical characteristic, or is an established and familiar visual feature of a neighborhood, community, or the City;
h. The historic resource is one of the few remaining examples in the City, region, state or nation, possessing distinguishing characteristics of an archite ctural or historical type or specimen: or
i. The historic resource has yielded, or is likely to yield, information important to the City's history or prehistory.
3. Local Historic District Designation . A neighborhood or area listed as a historic resource may be designated a "Local Historic District" by the City if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historic Resources, or it meets one or more of the following criteria:
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a. The hi storic resource is a geographically definable area possessing a concentration of historic resources or a thematically related grouping of structures that contribute to each other and are unified by plan, style, or physical development, and embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values;
b. The historic resource reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design, or community planning;
c. The historic resource is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States; or
d. The historic resource is, or the contributing resources are, associated with the lives of persons important to the City, State or National history.
4. Additional Historic Resource Evaluation Criteria . In addition to the "significance," criteria established in Paragraph B.2 (Local Landmark Designation) and Paragraph B.3 (Local Historic District Designation) o f this Section, historic resources must have "integrity" for the time in which they are "significant." The period of "significance" is the date or span of time within which significant events transpired or significant individuals made their important contributions. The term "integrity" means the authenticity of a historical resource 's physical identity, as evidenced by the survival of characteristics or historic or prehistoric fabric that existed during the resource 's period of significance. Only after sign ificance has been established, should the issue of integrity be addressed. The following criteria should be considered when evaluating properties for integrity:
a. Design. Any alterations to the property should not have adversely affected the character defining features of the property. Alterations to a resource or changes in its use over time may have historic, cultural or architectural significance.
b. Setting. Changes in the immediate surroundings of the property (e.g., buildings, land use and topography) should not have adversely affected the character of the property.
c. Materials and Workmanship. Any original materials should be retained, or if they have been removed or altered, replacements have been made that are compatible with the original materials.
d. Location. The relationship between a property and its location is an important component in determining integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of histor ic events and persons. Except in a few cases, the relationship between a property and its historic associations is destroyed if the property is moved.
e. Feeling. The term "feeling" means a property's expression of the aesthetic or historic sense of a partic ular period. It results from the presence of physical features that, taken together, convey the property's historic character. For example, a rural historic district, such as the 275
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(Rev. 02.17.2026) Page 4.02-20 Ontario Development Code Guasti Winery, retaining original design, materials, workmanship and setting, will relate the feeling of agricultural life in the 19th century.
f. Association. The term "association" means the direct link between an important historic event or person, and a historic property. A property retains its association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like "feeling," association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War bat tlefield, whose natural and manmade elements have remained intact since the 18th century, will retain its quality of "association" with the battle.
Because "feeling" and "association" depend upon individual perceptions, their retention alone is never suff icient to support eligibility. Historic resources must retain enough of their historic or prehistoric character or appearance to be recognizable as historic resources, and to convey the reasons for their significance.
C. Application Filing, Processing, and Hearing. Historic Preservation—Historic Landmark and Historic District Designation applications shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code, and the provisions of this Section.
All eligible historic resources nominated for designation as a Landmark or a Historic District shall be evaluated, processed, and designated a Tier pursuant to Subsection G (Historic Resource Tiering System) of this Section, concurrently with the application for landmark or historic district designation.
D. Local Historic Landmark and District Designation Application Findings and Decision.
1. Within the 30-day period following acceptance of a Historic Preservation —Historic Landmark and District Designations application as complete pursuant to the applicable provisions contained in Section 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Advisory Authority shall make a preliminary determination as to whether the requested Local Historic Landmark or Local Historic District designation is appropriate, based upon the designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) o f this Section. If it is determined that the proposed resource merits further consideration, the application shall be forwarded to the subsequent Advisory Authority. If the proposed resource does not merit further consideration due to failure of the proper ty to meet the applicable designation criteria, the application shall be denied.
2. Upon receipt of the Advisory Authority's recommendation, the subsequent Advisory Authority shall make a recommendation to the Approving Authority to grant or deny a Historic Preservation—Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department's written report, after considering and clearly establishing the designation criteria set forth in Paragraphs B. 2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion.
3. The Approving Authority may grant o r deny a Historic Preservation —Landmark or District Designation application on the basis of the application and the evidence presented in the Planning Department 's written report, after considering and clearly establishing the applicable designation criteria set forth in Paragraphs B.2 (Local Landmark Designation), B.3 (Local Historic District Designation), and B.4 (Additional Historic Resource Evaluation Criteria) of this Section, and giving specific reasons in support of each applicable criterion. 276
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E. Permits. No building, alteration, demolition, or removal permits for any proposed Local Landmark or Local Historic District shall be issued after a Historic Preservation—Landmark or District Designation application has been filed with the Planning Department, un til such time that any public hearing or appeal proceedings regarding the application have been completed.
F. Automatic Designations.
1. Any property listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic Landmark.
2. Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historic Resources shall automatically be designated as a local Historic District.
3. Any property identified as a contributing structure to a historic district listed on the National Register of Historic Places or the California Register of Historic Resources shall be considered a contributing structure within the historic district.
G. Historic Resource Tiering System. The Historic Preservation Commission shall be responsible for the adoption of the Historic Resource Tier Designation List, which shall be maintained by the Historic Preservation Subcommittee. A historic resource may be designated "Tier I, Tier II, or Tier III" by the Approving Authority established pursuant to Table 2.02 -1 (Review Matrix) of this Development Code, to establish a ranking of historic resources within the City, based upon the determined significance of each resource, as speci fied below. For the purpose of this Section, upon determining the appropriate tier designation for a historic district, the Approving Authority may rank all contributing structures within that district into the same tier designation. Tier I, II and III historic resources shall be judged based upon their determined degree of significance, pursuant to the criteria contained in Subsection H (Historic Resource Tiering Criteria) of this Section.
1. Tier I. Tier I consists of historic resources that should not be demolished or significantly altered under any circumstances, regardless of their designation status. Resources within this tier are determined to be the City's most significant historical or cultural resources. Tier I resources shall meet one or more of the following:
a. A resource listed on the Ontario Register that meets at least one of the criteria within the Architecture/Form category, and 3 criteria within the History category, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
b. A contributing resource within a district that meets at least one of the criteria within the Architecture/Form Category and 3 criteria within the History Category as listed below.
2. Tier II . Tier II consists of historic resources wherein demolition of these properties should be avoided. Tier II resources shall meet one or more of the following:
a. Any historic resource listed or determined eligible for listing in the National Register of Historic Places;
b. Any historic resource listed or determined eligible for listing in the California Register of Historic Resources;
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(Rev. 02.17.2026) Page 4.02-22 Ontario Development Code c. A historic resource listed on the Ontario Register and meets at least 2 criteria within the Architecture/Form or History categories, listed in Subsection H (Historic Resource Tiering Criteria) of this Section; or
d. A contributing resource within an eligible historic district wherein the district meets at least 2 of the criteria in either the Architecture/Form or History categories as listed in Subsection H (Historic Resource Tiering Criteria) of this Section.
3. Tier III . Tier III consists of historic resources that are Designated Local Historic Landmarks, are contributing properties within Designated Local Historic Districts, or are eligible historic resources. Demolition of these resources shoul d be avoided where possible but may be appropriate under certain circumstances.
H. Historic Resource Tiering Criteria. The following listing contains criteria to be used in determining the Tier designation of a historic resource:
1. Local Historic Landmark.
a. Architecture/Form.
(1) The resource is prototypical, or one of the finest examples, of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preemi nent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate; or
(2) The resource is the first, last, only, or one of the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The resource is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;
(2) The resource is associated with a busin ess, company, or individual that has made a significant cultural, social, or scientific contribution to the City, State, or Nation;
(3) The resource is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;
(4) The resource embodies the ideals or principles of the "Model Colony" or furthers the ideals or principals established by the Chaffey Brothers;
(5) The resource has a direct relationship to one of the principal historic contexts in the City 's his tory, including the "Model Colony, " (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry;
(6) The resource is related with a busi ness, company, or individual significant in the agricultural history of the City; or
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Ontario Development Code Page 4.02-23 (Rev. 02.17.2026) (7) The resource is related to the archeological past of the region.
2. Local Historic Districts.
a. Architecture/Form.
(1) The district contains resources that are a prototype of, or one of the finest examples of, or the first, last, only, or few remaining groupings of a period, style, architectural movement, or construction in the City of a particular style of architecture, building type, or historical or archeological object. Only preeminent examples should be considered. Good representative examples of a style, period or method of construction are not appropriate ; or
(2) The district contains resources that are the first, last, only, or the finest examples, notable works, or the best surviving work by an architect or designer of major importance to the City, State or Nation.
b. History.
(1) The district is the location of a historic event(s) that has significantly contributed to the history of the City, State, or Nation;
(2) The district is associated with a business, company, or individual that has made a significant, cultural, social, or scientific contribution to the City, State, or Nation;
(3) The district is identified with a person(s) who has exerted a major influence on the heritage or history of the City, State, or Nation;
(4) The district embodies the ideals or principles of the "Model Colony," or furthers the ideals or principals established by the Chaffey Brothers;
(5) The district has a direct relationship to one of the principal historic contexts in the City 's history, including the "Model Colony, " (includes the Chaffey Brothers, the Ontario Land and Improvement Company, or the citrus industry), the Guasti Winery or the wine industry, or the Dairy Preserve or the dairy industry, or the citrus industry; or
(6) The district is related with a business, company, or individual significant in the agricultural history of the City.
I. Architectural Conservation Area. An area may be designated an "Architectural Conservation Area " by the Approving Authority if the area meets any one of the below -listed criteria; however, these criteria do not evaluate for historic significance. As a result, properties within Architectural Conservation Areas are not qualified for historic landmark or historic district consideration. The criteria for establishing an Architectural Conservation Area are as follows:
1. The area is geographically definable and conveys a sense of architectural cohesiveness through its design, setting, materials, workmanship, or association; or
2. The area reflects significant geographical patterns, including those associated with different areas of settlement and growth, particular transportation modes, or distinctive examples of a park landscape, site design or community planni ng, or represents established and familiar visual features in the community.
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3. Alternately, an area may be designated an Architectural Conservation Area by the City if a conservation plan has been prepared pursuant to Section 4.02.055 (Historic Preservation—Conservation Plans), outlining the character defining features of the neighborhood and appropriate design guidelines that will maintain the character of the neighbor hood.
4.02.045: Historic Preservation—Rescind or Amend the Status of a Historic Resource
A. Purpose. The purpose of this Section is to establish a process by which a historic resource may rescind or amend its assigned status, including a Local Landmark or Local District Designation, a Tier Designation, an Eligibility Determination, or an Architectural Conservation Area.
B. Applicability. The Approving Authority for the original application type, pursuant to Table
2.02-1 (Review Matrix) of this Development Cod e, is hereby empowered to approve, approve in modified form, or deny a request to rescind or amend the assigned status of a Local Historic Landmark or Local Historic District Designation, Tier Designation, Eligibility Determination, or Architectural Conservation Area.
C. Addition to the Ontario Register. Any property or grouping of properties surveyed at the intensive level pursuant to standards established by the California Office of Historic Preservation, and determined to meet the designation criteria for local historic landmarks or local historic districts set forth in Section 4.02.040 (Historic Preservation —Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Development Code, sh all be determined by the Approving Authority to be an "eligible" historic resource.
D. Removal of Eligible or Nominated Historic Resources from the Ontario Register. An eligible historic resource or a nominated historic resource may be removed from the Ontar io Register, as follows:
1. Any historic resource listed on the Ontario Register may be removed by the Approving Authority if the resource has lost all historic and/or cultural significance due to a catastrophe causing a loss of integrity, or the resource ha s lost all historical and/or cultural significance due to extensive legally performed alteration(s), which has caused a loss of integrity after the property was initially surveyed.
2. Any historic resource listed on the Ontario Register may be removed by the Approving Authority upon reevaluation of the resource at the request of the property owner, or upon initiation by the City, if the most recently prepared Historic Resource Survey evaluating the resource is more than 5 years old.
3. The Historic Preservation Subcommittee shall evaluate a historic resource utilizing the designation criteria set forth in Paragraph 4.02.040.B.2 (Local Landmark Designation) of this Division. Furthermore, when a historic resource is located within an eligible local historic district, the area or neighborhood shall also be evaluated using the designation criteria set forth in Paragraph
4.02.040.B.3 (Local Historic District Designation) of this Division, and shall be evaluated to determine if it contributes to the significance of the district. The Approving Authority may retain a noncontributing property within a proposed or potential historic district.
4. Any reevaluation of a property shall be valid for a 5-year period.
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Ontario Development Code Page 4.02-25 (Rev. 02.17.2026) E. Amending or Rescinding a Local Landmark, Local Historic District , or a Tier Designation from the Ontario Register. A local landmark, local historic district, or a tier designation may be amended or rescinded from the Ontario Register, if:
1. It is discovered that the information relied upon by the Advisory Authority and/ or Approving Authority in making the original designation, was erroneous or false;
2. New information compromises the significance of a historic resource;
3. The historic resource has been demolished, relocated, or removed; or
4. The historic resource has been r endered ineligible for designation due to a catastrophic event, beyond the owner 's control, which has destroyed the resource to the point where it is considered a hazard to the public health and safety, and the restoration of the resource is not feasible.
4.02.050: Historic Preservation —Certificates of Appropriateness and Demolition of Historic Resources
A. Purpose. The purpose of this Section is to establish a process to ensure that any alteration to, or demolition of, an eligible or designated historic resource within the City is in keeping with the historic character of the resource.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified f orm, or deny a Historic Preservation —Certificate of Appropriateness application, and to impose reasonable conditions upon the approval of the application.
2. A Certificate of Appropriateness shall be required for any:
a. Alteration, addition, restoration, reha bilitation, remodeling, relocation, repainting, and/or resurfacing of an historic resource. Certificate of Appropriateness approval shall be required even if the City requires no other permits;
b. For any work to the exterior of any noncontributing resource in a Historic District or on a historic property. A reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility;
c. Infill development within a historic district or on a historic property; and
d. Any demolition, whether in whole or in part, of a historic resource or a noncontributor within a designated historic district in conjunction with a demolition application.
3. No permit shall be issued for work on a historic resource until a Certificate o f Appropriateness or Waiver has been issued in accordance with the provisions of this Division.
4. Once a Certificate of Appropriateness has been issued, the Planning Department, from time to time, shall inspect the work to ensure that it is being carried -out in compliance with the approved Certificate of Appropriateness and shall issue a Certificate of Completion prior to 281
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C. Application Filing, Proces sing and Hearing. A Historic Preservation —Certificate of Appropriateness application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section, except as follows:
1. Determination of Significance.
a. Upon acceptance of a Historic Preservation —Certificate of Appropriateness application as complete for processing pursuant to Subsection 2.02.015.B (Discretionary Permits and Actions) of this Development Code, the Historic Preservation Subcommittee shall evaluate the affected historic resource for significance, which shall include a review conducted by the Planning Department consisting of an evaluation of the resource 's eligibility for listing on the National Regis ter of Historic Places, the California Register of Historic Resources, or the Ontario Register. The review may also include the preparation of a Historic Resource Survey, at the intensive level, pursuant to the standards set forth by the California Office of Historic Preservation.
b. A historic resource that does not meet the criteria for designation set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conser vation Areas) of this Division, and not located within a designated, proposed, or potential district, shall be removed from the Ontario Register and the Certificate of Appropriateness shall be deemed approved. A resource that meets the designation criteria set forth in Section 4.02.040 (Historic Preservation—Local Historic Landmark and Local District Designations, Historic Resource Tiering, and Architectural Conservation Areas) of this Division, shall be further processed pursuant to this Section.
2. Environmental Review.
a. Upon determination that a historic resource is "significant," an environmental review shall be conducted pursuant to Section 2.02.020 (Environmental Review) of this Development Code; however, i n determining the appropriate level of review for the demolition of a historic resource, the tiering system established pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division shall be utilized.
b. Any historic resource proposed for demolition, which is determined to be within Tier III pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division , shall require preparation of a n Addendum to The Ontario Plan Environmental Impact Report pursuant to the requirements of CEQA and the implementing guideline s, and City 's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
c. Any historic resource proposed for demolition, which is determined t o be within Tier I or Tier II pursuant to Subsection 4.02.040.G (Historic Resource Tiering System) of this Division, shall require preparation and certification of an Environmental Impact Report pursuant to the requirements of CEQA and the implementing gui delines, and City 's Local Guidelines For Implementing the California Environmental Quality Act, in conjunction with the approval of Certificate of Appropriateness and Demolition applications.
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3. Hearing. Each Advisory or Approving Authority shall hold at le ast one hearing on the application, which shall be duly noticed, heard, and acted upon pursuant to Division 2.03 (Public Hearings) of this Development Code.
4. Advisory Authority Review and Recommendation . Following completion of all required environmental r eview pursuant to Paragraph C.2 (Environmental Review) of this Subsection, the Advisory Authority shall make recommendation to the Approving Authority whether to approve, approve in modified form or deny the application. The Advisory Authority 's recommendation shall be transmitted to the Approving Authority in such manner and form as specified by the Approving Authority, within 60 days following the date the decision was rendered.
The 60-day time limit may be extended by mutual agreement of the applicant an d City.
5. Approving Authority Review and Action.
a. Upon receipt of the Advisory Authority 's recommendation, the Approving Authority shall approve, conditionally approve, or deny the application, either in whole or in part.
The action of the Approving Authori ty shall be by written decision, setting forth the basis for the action and shall include all applicable findings prescribed by Subsection D (Findings and Decision), below.
b. The decision of the Approving Authority shall be final and conclusive in the absence of an appeal filed pursuant to Division 2.04 (Appeals) of this Development Code.
D. Findings and Decision.
1. Designated Historic Landmarks, Contributors, and Non -Contributors and Eligible Historic Resources.
a. A Historic Preservation —Certificate of Appropriateness application for Designated Historic Landmarks and Contributors, or Eligible Historic Resources, shall be acted upon by the Approving Authority based upon the information provided in the submitted appli cation, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
(1) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect any significant architectur al feature of the resource;
(2) The proposed alteration, restoration, relocation, or construction will not detrimentally change, destroy or adversely affect the historic character or value of the resource;
(3) The proposed alteration, restoration, relocation, or construction will be compatible with the exterior character-defining features of the historic resource; and
(4) The proposed alteration, restoration, relocation, or construction will not adversely affect or detract from the character of the historic district .
2. Demolition of Historic Resources.
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(Rev. 02.17.2026) Page 4.02-28 Ontario Development Code a. A Historic Preservation —Certificate of Appropriateness and Demolition application for the Demolition Of Historic Resources shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
(1) The proposed demolition is necessary because all efforts to restore, rehabilitate, and/or relocate the resource have been exhausted;
(2) The proposed demolition is necessary because
restoration/rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation;
(3) The proposed demolition is necessary because failure to demolish the resource would adversely affect or detract from the character of the District; and
(4) The resource proposed to be demolished has been assigned a Tier III designation.
3. Instances Wherein Findings Are Not Required . The Approving Authority may act upon Historic Preservation—Certificate of Appropriateness and/or Demolition applications for Tier I and Tier II historic resources that are designated historic landmark contributors and noncontributors to historic districts, or eligible historic resources , without making the findings contained in Paragraph D.1 (Designated Historic Landmarks, Contributors, and Non -Contributors and Eligible Historic Resources) or Paragraph D.2 (Demolition of Historic Resources) of this Subsection, if a Historic Preservation —Certificate of E conomic Hardship has been granted pursuant to Section 4.02.055 ( Historic Preservation —Certificates of Economic Hardship) of this Division.
E. Conditions of Approval.
1. In approving Historic Preservation —Certificate of Appropriateness and/or Demolition applications, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner , and to the same extent , as any other applicable requirement of this Development Code.
3. In approving Historic Preservation—Certificate of Appropriateness and/or Demolition applications , the following conditions of approval shall be imposed, and shall be completed prior to commencing any demolition work:
a. Each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of 284
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b. A mitigation fee established pursuant to Section 7.01.025 (Historic Preservation Mitigation Fee) shall be paid to the City prior to the issuance of a demolition permit for Tier III his toric resources. Fees for Tier I and II historic resources shall be determined during the Environmental Impact Report process. The fees established for Tier III will be used as a reference point for establishing fees for Tier I and II historic resources.
c. A Certificate of Appropriateness shall not be issued for the demolition of an historic resource, either in whole or in part, until such time that a demolition permit application and a replacement structure has been approved by the City, and appropriate permits have been issued for its construction , unless: [i] a waiver is granted pursuant to Subsection H (Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts) of this Section; [ii] a deferral of the replacement struct ure requirement is granted pursuant to Subsection G (Replacement Structure Deferral) of this Section ; or [iii] demolition is required pursuant to Section
7.01.050 (Unsafe or Dangerous Conditions) of this Development Code.
d. In an effort to preserve features and artifacts from historic resources, a determination whether items within or on the resource should be salvaged must be made by the Planning Department and may include the local historical society prior to the issuance of the demolition permit. The appl icant shall be responsible for the removal, relocation, storage, and donation of such items selected for salvaging. The applicant shall provide a n inventory of salvaged items to the Planning Department, and shall include a list of each item name, description and dimension (as necessary), and the location of each item on a floor plan.
F. Certificate of Appropriateness Waivers. The Approving Authority may waive the requirement for Certificate of Appropriateness approval for certain alterations, restorations, rehabilitations, remodeling, repainting, resurfacing, and additions to historic resources, as follows:
1. A waiver may be issued for work that is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and the guidelines set forth in Division 7.01 (Historic Preservation) of this Development Code.
2. A waiver may be issued for minor alterations to historic resources, provided no change in appearance occurs or the proposed change restores period features, including but not limited to, chimneys; fences and walls, including construction, demolition, or alteration of side, rear and front yard fences and walls; foundations; landscaping, unless the Landmark designation specifically identifies the landscape, layout, features or elements as having particular historical, architectural or cultural merit; roofing, provided a 30 year dimensional shingle, or an aesthetically equivalent dimensional shingle is used, and the replacement shingle must maintain the architectural character of the historic resource in terms of scale, pattern, texture, and coloration; and signage, including directional, monument, wall and window signs.
3. A waiver may be issued for the construction of residential accessory structures and additions less than 650 S F in area or 50 percent of the existing original historic building area, whichever is less, to historic resources that are not visible from a public right -of-way, excluding public alleys.
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(Rev. 02.17.2026) Page 4.02-30 Ontario Development Code G. Replacement Structure Deferral. The Approving Authority may defer the obligation to construct replacement structures as a requirement for approval of the demolition of a historic resource, if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.
1. Findings. A Replacement Structure Deferral shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and any public testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.
a. The demolition is necessary to allow the acquisition and assembly of land for a future redevelopment or housing project within a redevelopment project area;
b. The future project will provide exceptional benefits to the City with resp ect to employment, fiscal, social, housing and economic needs of the community, or will provide new public facilities that are needed by the City (such as off -site improvements, parks, open space, recreation, or other community facilities, not including parking lots); and
c. Failure to demolish the historic structures could hinder the ability of the City to revitalize or redevelop a blighted lot or area of the City or meet housing production requirements.
2. Condition of Approval . In granting a deferral of the replacement structure requirement, the Approving Authority shall impose a condition of approval requiring any new project on the subject site to be designed pursuant to the infill development guidelines listed in Subsection I (Infill Development Guidelines ) of this Section, to insure compatibility with the surrounding area or neighborhood. The Historic Preservation Subcommittee shall make a recommendation to the Approving Authority for the replacement structure regarding compliance with the infill development guidelines.
H. Replacement Structure Waiver for Historic Resources Located within Industrial Zoning Districts. The Approving Authority may waive the obligation to construct replacement structures as a requirement for approval of the demolition of a Tier I II Historic Resource, if the site is located in an Industrial Zone. The waiver shall be acted on based upon the information provided in the submitted application, after considering and clearly establishing all of the below -listed findings and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The Tier III Historic Resource is a residential building located in an Industrial Zoning District;
2. Approving the def erral will not adversely affect the character, integrity, general welfare of the surrounding neighborhood, residents, and adjacent properties;
3. Conversion and/or rehabilitation of the residential home is not economically feasible, demonstrated through mark et analysis, construction costs, structural reports, property and building conditions assessments, and/or any other study/report deemed necessary by the Planning Director;
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Ontario Development Code Page 4.02-31 (Rev. 02.17.2026) I. Infill Development Guidelines. The following infill development guidelines shall be incorporated into the design of all new structures proposed within a designated, proposed, or potential Historic District, or on a historic property, pursuant to this Division:
1. New buildings, structures, or improvements constructed within a historic district shall be designed to be compatible with the architectural style, features, and historic character of the district.
2. New buildings shall be compatible with the original style of the contributing buildings within a historic district. The design of the new building shall incorporate the following considerations:
a. The design shall incorporate the design features and details of contributing structures;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the contributing structures; and
c. The exterior materials and treatment shall be similar to the contributing structures.
3. New buildings, structures, and/or improvements constructed on a historic property shall be designed to be compatible with the archite ctural style and features of contributing historic buildings located on the historic property.
4. New buildings shall be compatible with the original architectural style of the contributing historic buildings on the historic property. The design of the new b uilding shall incorporate the following considerations:
a. The design shall incorporate the design features and details of the historic structure;
b. The height, width, and length of the new building shall be consistent with the original characteristic of the historic building; and
c. The exterior materials and treatment shall be similar to the historic building.
J. Certificate of Appropriateness Modification/Revision.
1. Historic Preservation —Certificates of Appropriateness and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the Planning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed changes are consistent with the intent of the original approval and there are no resulting inconsistencies with th is Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Planning Director, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
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3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation —Certificate of Appropriateness, following the procedures set forth in this Section for Historic Preservation— Certificate of Appropriateness approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.055: Historic Preservation—Certificates of Economic Hardship
A. Purpose. The purpose of this Section is to establish a process to ensure that denial of a Certificate of Appropriateness and/or a Demolition Application does not create any undue hardship upon the owner of a Tier I or Tier II historic resource.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Certificate of Economic Hardship application.
2. A Certificate of Economic Hardship may be filed concurrently with a Certificate of Appropriateness and/or Demolition Application in cases where the alteration, restoration, rehabilitation, remodel, addition to a historic resource, or demolition, partially or in whol e, in compliance with the Certificate of Appropriateness and/or Demolition Application, would cause an immediate and substantial financial hardship. Furthermore, the denial of the Certificate of Appropriateness and/or Demolition Application would deny the property owner all reasonable beneficial use of, or return on, the property.
3. No action shall be taken to demolish or otherwise alter the historic resource for a period of 14 days following the issuance of a Certificate of Economic Hardship.
C. Application F iling, Processing and Hearing. A Historic Preservation —Certificate of Economic Hardship application shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Secti on.
D. Findings and Decision. A Historic Preservation —Certificate of Economic Hardship application shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.
1. Denial of the application will diminish the value of the subject property so as to leave substantially no value;
2. Sale or rental of the property is impractical, when compared to the cost of holding the property for uses permitted in the underlying zoning district;
3. An adaptive reuse study has been conducted and found that utilization of the property for lawful purposes is prohibited or impractical;
4. Rental at a reasonable rate of return is not feasible;
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5. Denial of the Certificate of Appropriateness would damage the owner of the property unreasonably in comparison to the benefit conferred on the community, and
6. All means involving City sponsored incentives, such as a transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants, and reimbursements, have been explored to relieve possible economic disincentives.
4.02.060: Historic Preservation—Conservation Plans
A. Purpose. The purpose of this Section is to establish a process to expedite the review process for project areas in which numerous historic resources within a single project area would require the issuance of multiple Certificates of Appropriateness for proposed work to those Historic Resources.
B. Applicability. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Conservation Plan application and to impose reasonable conditions upon the approval of the application.
C. Application Filing, Processing and Hearing. A Historic Preservation —Conservation Plan application shall be filed, processed, and acted upon pursuant to the requirements for Historic Preservation—Certificates of Appropriateness, contained in Section 4.02.050 (Historic Preservation—Certificates of Appropriateness and Demolition of Histo ric Resources) of this Development Code, and the provisions of this Section.
D. Findings and Decision. A Historic Preservation—Conservation Plan shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department 's written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below -listed findings, and giving supporting reasons for each finding. The applicat ion shall be denied if one or more of the below-listed findings cannot be clearly established.
1. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect any significant architectural feature of Historic Resources;
2. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not detrimentally change, destroy or adversely affect the historic character or value of Historic Resources;
3. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will be compatible with the exterior features of other improvements within the plan area; and
4. The proposed alterations, restorations, relocations, or construction, in whole or in part, within the plan area will not adversely affect or detract from the character of the plan area.
E. Conditions of Approval.
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1. In approving a Historic Preservation —Conservation Plan application, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
2. All conditions of approval or requirements authorized by this Section are enforceable in the same manner , and to the same extent , as any other applicable requirement of this Development Code.
F. Conservation Plan Modification/Revision.
1. Historic Preservation—Conservation Plans and/or their conditions of approval may be modified/revised upon application by a project proponent or property owner if different from the proponent. The request shall be submitted to the P lanning Department on a City application form pursuant to Division 2.02 (Application Filing and Processing).
2. Modifications/revisions that are minor in nature may be processed administratively, without notice or public hearing, provided the proposed change s are consistent with the intent of the original approval and there are no resulting inconsistencies with this Development Code.
Modifications/revisions are considered minor in nature if in the opinion of the Zoning Administrator, they do not involve substantial changes to the approved plans or the conditions of approval and would in no way affect surrounding properties.
3. Modifications/revisions to an approved plan or conditions of approval that are not minor in nature shall be processed as a revised Historic Preservation—Conservation Plan, following the procedures set forth in this Section for Historic Preservation —Conservation Plan approval, except that modification/revision approval shall not alter the expiration date established by the original application approval.
4.02.065: Historic Preservation—Mills Act Contracts
A. Purpose. The purpose of this Section is to establish a process by which economic incentives may be provided for the preservation of a designated historic landmark or contributing structure within a designated historic district.
B. Applicability.
1. The Approving Authority established pursuant to Table 2.02-1 (Review Matrix) of this Development Code is hereby empowered to approve, approve in modified form, or deny a Historic Preservation—Mills Act Contract (Contract) application.
2. Pursuant to GC Section 50280 , et seq., the owner(s) of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or th e California Register of Historic Resources, may request to enter into a Mills Act Contract with the City.
C. Application Filing, Processing and Hearing.
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1. Historic Preservation—Mills Act Contract applications shall be filed, processed, and heard pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.
2. The owner shall furnish the Approving Authority with any information the Approving Authority shall require in order to enable it to determine the eligibility of the property involved.
D. Findings and Decision.
1. A Historic Preservation —Mills Act Contract shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department's written report, and testimony provided during the public hearing, only after considering and clearly establishing [i] the eligibility of the property involved, [ii] the appropriateness and sequencing of the improvements proposed, and [iii] the fiscal benefits derived from those improvements.
2. No later than 20 days after the City enters into a Mills Act Contract with an owner pursuant to this Section, the City Clerk shall record a copy of the Contract with the county recorder, which shall fully describe the affected property.
E. Required Contract Provisions. Pursuant to GC Section 50281, a ny Mills Act Contract entered into under this Section shall contain the following provisions:
1. The term of the Contract shall be for a minimum period of 10 years.
2. Where applicable, the Contract shall provide for the following:
a. The preservation of designated historic landmarks, contributing structures within designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historic Resources, and, when necessary, to restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior 's Standards for Rehabilitation, and the State Historical Building Code;
b. The periodic examinations of the interior and exterior of the premises by the City, San Bernardino County Assessor, the Department of Parks and Recreation, and the State Board of Equalization, as may be necessary to determine the owner 's compliance with the Contract; and
c. The Contract shall be binding upon, and inure to the benefit of, all successors in interest of the owner. A successor in interest shall have the same rights and obligations under the Contract as the original owner who entered into the Contract.
F. Term of Contract. Each Mills Act Contract shall provide that on the anniversary date of the Contract, or other annual date specified in the Contract, a year shall be automatically added to the initial term of the Contract unless notice of nonrenewal is given pursuant to Subsection G (Contract Nonrenewal), below. If the property owner or the Approving Authority desires within any year not to renew the Contract, that party shall serve written notice of nonrenewal of the Contract on the other party in advance of the annual renewal date of the Contract. Unless the notice is served by the owner at least 90 days prior to the renewal date or by the Approving Authority at least 60 days prior to the renewal date, one year shall be automatically added to the term of the Contract.
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G. Contract Nonrenewal.
1. Upon receipt by the owner of a notice of nonrenewal from the Approving Authority, the owner may make a written protest of the notice. The Approving Authority may, at any time prior to the renewal date, withdraw the notice of nonrenewal.
2. If, within any year, the Approving Authority or the owner serves notice of intent not to renew the Contract, the existing Contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the Contract, as applicable.
H. Contract Cancellation.
1. The Approving Authority may cancel a Mills Act Contract if it determines that the owner has breached any of the conditions of the Contract provided for in this Section or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. The Approving Authority may also cancel a Contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specifi ed in the Contract.
2. A Mills Act Contract shall not be canceled until after the Reviewing Authorities have given notice of, and has held, a public hearing on the matter pursuant to Division 2.03 (Public Hearings) of this Development Code.
3. If a Mills Act Contract is canceled pursuant to Paragraph G.1, above, the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the county assessor as though the property were free of the contractual restriction.
4. As an alternative to cancellation of a Mills Act Contract for breach of any condition, the City, or any landowner may bring any action in court necessary to enforce a Contract, including, but not limited to, an action to enforce the Contract by specific performance or injunction.
5. In the event that property subject to Mills Act Contract under this Section is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the Approving Authority to frustrate the purpose of the Contract, the Contract shall be canceled and no fee shall be imposed as required under Paragraph G.3, above. Furthermore, the Contract shall be deemed null and void for all purposes of determining the value of the acquired property.
I. Amendment to Work Program. Upon request of the property owner(s), the Planning Director may approve amendments to a Mills Act Contract Work Program, subject to the following:
1. The items listed in the proposed Work Program are consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the guidelines set forth in this Development Code;
2. The Work Program shall be completed within the 10-year period following Contract enactment, unless extended by action of the City Council; and
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3. The proposed Work Program shall have an equal or greater preservation and monetary value than the previously approved Work Program.
4.02.070: Master Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for amending, supplementing, or changing official Master Plans of the City, whenever the public necessity, convenience, general welfare, or good planning practice so requires.
B. Applicability.
1. The Approving Authority is hereby empowered to approve, approve in modified form, or deny an official Master Plan of the City, or any amendment thereto, and to impose reasonable conditions upon the Master Plan approval.
2. The Master Plans subject to the provisions of this Section include the following:
a. 5-Year Capital Improvement Program (CIP) Master Plan prepared pursuant to GC Section 66540.32(b)(2)(H);
b. Fiber Optic Master Plan;
c. Parks Master Plan;
d. Citywide Streets Master Plan;
e. Sewer Master Plan;
f. Storm Drain Master Plan;
g. Water/Recycled Water Master Plan.
3. A Master Plan of the City shall be an internally consistent, action -oriented and pragmatic, considering both the short -term and long -term future, and shall present clear and concise policy guidance.
C. Application Filing, Processing, and Hearing. The adoption of a Master Plan of the City, or any amendments thereto, carried-out pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.