City Council/Housing Authority

# ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY MINUTES SEPTEMBER 19, 2023

## JOINT MEETINGS

The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, September 19, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

## CALL 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: Debra Dorst-Porada Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia

ABSENT: Council/Authority Members: None

Also present were Assistant City Manager / Assistant Executive Director Darlene Sanchez, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.

## INFORMATION RELATIVE TO POSSIBILE CONFLICTS OF INTEREST

There were no conflicts of interest announced by the City Council.

## PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Valencia.

## INVOCATION

The invocation was led by Pastor Richard Hernandez, The Church of God Ontario

## SPECIAL CEREMONIES

## A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY

The City Council proclaimed and recognized September 22, 2023, as California Native American Day.

* * *

## PUBLIC COMMENTS

Assistant City Clerk Isbell announced there was one written public comment: Loree Masonis, questions regarding Measure Q.

Mayor Leon called upon the first speaker:

Kiara Valdez Garcia, invited Council to participate in National Walk to School Day.

Ralph Linderman, spoke regarding oversized vehicles Ordinance.

Robert Luguori, spoke on homelessness in the community.

Maria Molina, spoke on homelessness in the community.

Ana Hernandez, spoke on homelessness in the community.

Leticia Rosales, spoke on homelessness in the community.

Mayor Leon continued public comment to the end of the meeting.

## AGENDA REVIEW/ANNOUNCEMENTS

Assistant City Manager Sanchez announced Staff's request to continue Item No. 15 of the consent calendar.

## CONSENT CALENDAR

MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to approve the Consent Calendar with the exception of Item No. 15.

## 1\. APPROVAL OF MINUTES

Approved minutes for the regular meetings of the City Council and Housing Authority of August 15, 2023, approving same as on file in the Records Management Department.

## 2\. BILLS & PAYROLL

Approved bills August 11, 2023 through August 31, 2023 in the amount of $27,180,777.89, and Payroll August 13, 2023 through August 26, 2023 in the amount of $4,815,109.08.

* * *

## 3\. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JSB FIRE PROTECTION, LLC. FOR FIRE CODE PLAN REVIEW SERVICES

CITY OF ONTARIO Regular City Council/Housing Authority Meeting SEPTEMBER 19, 2023 City Hall 303 East B Street, Ontario, CA 91764 MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764. Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To 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 publiccomments@ontarioca.gov. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. 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. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: CA Native American Day Proclamation ACCOMODATIONS If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office. ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with 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 Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon PLEDGE OF ALLEGIANCE Council Member Valencia INVOCATION Pastor Richard Hernandez, The Church of God Ontario SPECIAL CEREMONIES A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY That the City Council proclaim and recognize California Native American Day. PUBLIC COMMENTS 6:30 P.M. The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 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. To comment by email, submit your comments by email 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 comment to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

1. APPROVAL OF MINUTES ATTACHMENT: 20230815 Minutes (Not Official Until Approved).docx 2. BILLS & PAYROLL 3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JSB FIRE PROTECTION, LLC. FOR FIRE CODE PLAN REVIEW SERVICES publiccomments@ontarioca.gov. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. 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. AGENDA REVIEW/ANNOUNCEMENTS The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered. 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. 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. Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes. Minutes for the regular meetings of the City Council and Housing Authority of August 15, 2023, and approving same as on file in the Records Management Department. Bills August 11, 2023 through August 31, 2023, and Payroll August 13, 2023 through August 26, 2023 when audited by the Finance Committee. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028-29 ATTACHMENT: Measure I Five-Year Analysis^02^RESO^RM ATTACHMENT: Exhibit A^02pdf 5. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS COMPLEX PROJECT 6. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP CONSTRUCTION SERVICES 7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS GROUP, LLC FOR INTEGRATED PROJECT CONTROLS, ASSESSMENT, AND REPORTING SERVICES That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with JSB Fire Protection, LLC., of Downey, California, for a two year term extension for a new end term of June 30, 2027 and an increase to the existing Agreement by $30,000 annually, for a total not-to-exceed amount of $1,960,000. That the City Council consider and adopt a Resolution approving the Fiscal Year 2024-25 through Fiscal Year 2028-29 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorize the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028- 29. That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement (on file in the Records Management Department) for contract No. PM 1819-1 with RJM Design Group, of San Juan Capistrano, California, to provide on-call landscape architectural services for the Ontario Sports Complex Project in the amount of $160,000 for a total not-to-exceed contract amount of $425,000. That the City Council authorize the City Manager or his designee to execute a one-year Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for ADA Concrete Ramp Construction Services for a not-to-exceed contract amount of $175,000. That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement (on file in the Records Management Department) with CAPO Projects Group, LLC, of San Clemente, California, for integrated project controls, assessment, and reporting services for $47,976, for a total not-to-exceed amount of $347,811, and a term extension to September 30, 2024. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

8. AUTHORIZE A SOLE SOURCE PURCHASE OF FIRE APPARATUS AND APPROVE A GOODS AND SERVICES AGREEMENT WITH FIRE APPARATUS SOLUTIONS 9. A CONSTRUCTION CONTRACT WITH FLEMING ENVIRONMENTAL, INC. AND AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND ASSOCIATES FOR THE SAM ALBA PARK RESTROOM RENOVATION PROJECT 10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION FOR LATIMER BALLFIELD AND PUBLIC WORKS CITY YARD That the City Council take the following actions: A. Approve Fire Apparatus Solutions (FAS), of Rialto, California as the sole source provider for current and future procurements of Kovatch Mobile Equipment (KME) fire apparatus and fire equipment parts and services associated with the routine maintenance and repair of fire equipment; B. Authorize the sole source purchase and delivery of two (2) KME Fire Pumpers in the amount of $2,524,000 and one (1) KME Fire Aerial Tractor in the amount of $2,351,000 from FAS for a total not-to-exceed amount $4,875,000; and C. Authorize the City Manager or his designee to execute a three-year Goods and Services Agreement (on file in the Records Management Department) with FAS for an annual cost of $300,000 for a total not-to-exceed contract amount of $900,000 and authorize the City Manager or his designee to extend the agreement for one (1) additional two-year term. That the City Council take the following actions: A. Reject bids from KNC Construction, Inc., HZS Engineering and Construction, and Wakeco, Inc. for the Sam Alba Park Restroom Renovation Project as being non-responsive; B. Authorize the City Manager or his designee to complete and execute Construction Contract No. D&C20-017 (on file with the Records Management Department) with Fleming Environmental, Inc., of Fullerton, California, for the Sam Alba Park Restroom Renovation Project in the amount of $642,687 plus a 7% contingency of $44,989 to address any unforeseen issues that may arise during construction for a total contract not-to-exceed amount of $687,676; C. Authorize the City Manager or his designee to complete and execute Amendment No. 17 to the On-Call Design Services Agreement with Robert Borders and Associates (Robert Borders), of Costa Mesa, California, for the Sam Alba Park Restroom Renovation Project in the amount of $12,373; and D. Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, 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. 1 to the Maintenance Services Agreement (on file with the Records Management Department) for Contract No. PM 2023-3 with Red Hawk Services, Inc., of Perris, California, to provide fence CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STOEL RIVES LLP FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS 12. AUTHORIZE A SOLE SOURCE PURCHASE OF AN INTEGRATED BALLISTIC IDENTIFICATION SYSTEM (IBIS) FROM FORENSIC TECHNOLOGY INC. 13. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT WITH INNOVATIVE PLAYGROUNDS FOR BON VIEW PARK ATTACHMENT: Exhibit A-Bon View Park.docx 14. AN ORDINANCE AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES ATTACHMENT: Alcoholic Beverages in Public Facilities^ORD^RM 15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND repair and installation for the Latimer Ballfield and Public Works City Yard in the amount of $329,823 for a total contract not-to-exceed amount of $479,823. That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with Stoel Rives LLP, of Sacramento, California, in the amount of $225,000 for Fiscal Year 2023-24 and $100,000, for Fiscal Year 2024-25, for a new total not-to-exceed amount of $714,000, and extend the term until June 30, 2025, for legal and technical services with respect to matters relating to water supply and water rights. That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the sole source purchase of an Integrated Ballistic Identification System (IBIS) from Forensic Technology Inc., of Largo, Florida, in the amount of $369,133. That the City Council authorize the cooperative purchase of playground equipment for Bon View Park in the amount of $343,786 plus a 10% contingency of $34,379 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not to exceed amount of $378,165 from Innovative Playgrounds, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR. That the City Council adopt an Ordinance amending Section 5-11.02 of Chapter 11 of Title 5 of the Ontario Municipal Code relating to the public consumption and possession of alcoholic beverages on or in public facilities. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

PREVENTION ROUND 3 (HHAP-3) FUNDING ADMINISTERED BY THE COUNTY OF SAN BERNARDINO TO RAPIDLY REHOUSE HOMELESS FAMILIES AND INDIVIDUALS 16. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2022-23 FISCAL YEAR ATTACHMENT: DRAFT CAPER.pdf 17. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL FOR FILE NO. PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984 SQUARE FOOT INDUSTRIAL BUILDING, LOCATED AT THE SOUTHEAST CORNER OF SULTANA AVENUE AND BELMONT STREET (APNS: 1049-491-01, 1049-491-02, AND 1049- 491-03) That the City Council accept $135,000 in HHAP-3 funding to provide eight households that are homeless in the west valley of San Bernardino County with move-in costs and up to six months’ rent assistance and services to stabilize their housing. PUBLIC HEARINGS Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department. That the City Council take the following actions: A. Hold a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the Fiscal Year 2022-23 (on file in the Records Management Department); B. Direct Staff to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public comments received on the draft CAPER; and C. Authorize the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD. That the City Council consider and adopt a Resolution upholding the Planning Commission’s approval of the Development Plan (File No. PDEV21-035) and denying the appeal. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE FILE NO. PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984 SQUARE FOOT INDUSTRIAL BUILDING ON 3.15 GROSS ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF SULTANA AVENUE AND BELMONT STREET, WITHIN THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1049-491-01, 1049-491-02 AND 1049-491-03. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: 20230919 File No. PDEV21-035 Appeal^02 Appeal Application.pdf ATTACHMENT: 20230919 File No. PDEV21-035 Appeal^03 PC Back-up.pdf ATTACHMENT: File No. PDEV21-035 Appeal_03 PDEV^RESO^RM STAFF MATTERS City Manager Ochoa COUNCIL MATTERS Mayor Leon Mayor pro Tem Dorst-Porada Council Member Wapner Council Member Bowman Council Member Valencia ADJOURNMENT CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

CITY OF ONTARIO Regular City Council/Housing Authority Meeting SEPTEMBER 19, 2023 City Hall 303 East B Street, Ontario, CA 91764 MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764. Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To 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 publiccomments@ontarioca.gov. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. 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. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT: CA Native American Day Proclamation ACCOMODATIONS If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office. ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with 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 Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon PLEDGE OF ALLEGIANCE Council Member Valencia INVOCATION Pastor Richard Hernandez, The Church of God Ontario SPECIAL CEREMONIES A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY That the City Council proclaim and recognize California Native American Day. PUBLIC COMMENTS 6:30 P.M. The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 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. To comment by email, submit your comments by email 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 comment to 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: 20230815 Minutes (Not Official Until Approved).docx 2. BILLS & PAYROLL 3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JSB FIRE PROTECTION, LLC. FOR FIRE CODE PLAN REVIEW SERVICES publiccomments@ontarioca.gov. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. 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. AGENDA REVIEW/ANNOUNCEMENTS The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered. 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. 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. Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes. Minutes for the regular meetings of the City Council and Housing Authority of August 15, 2023, and approving same as on file in the Records Management Department. Bills August 11, 2023 through August 31, 2023, and Payroll August 13, 2023 through August 26, 2023 when audited by the Finance Committee. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028-29 ATTACHMENT: Measure I Five-Year Analysis^02^RESO^RM ATTACHMENT: Exhibit A^02pdf 5. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS COMPLEX PROJECT 6. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP CONSTRUCTION SERVICES 7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS GROUP, LLC FOR INTEGRATED PROJECT CONTROLS, ASSESSMENT, AND REPORTING SERVICES That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with JSB Fire Protection, LLC., of Downey, California, for a two year term extension for a new end term of June 30, 2027 and an increase to the existing Agreement by $30,000 annually, for a total not-to-exceed amount of $1,960,000. That the City Council consider and adopt a Resolution approving the Fiscal Year 2024-25 through Fiscal Year 2028-29 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorize the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028- 29. That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement (on file in the Records Management Department) for contract No. PM 1819-1 with RJM Design Group, of San Juan Capistrano, California, to provide on-call landscape architectural services for the Ontario Sports Complex Project in the amount of $160,000 for a total not-to-exceed contract amount of $425,000. That the City Council authorize the City Manager or his designee to execute a one-year Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for ADA Concrete Ramp Construction Services for a not-to-exceed contract amount of $175,000. That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement (on file in the Records Management Department) with CAPO Projects Group, LLC, of San Clemente, California, for integrated project controls, assessment, and reporting services for $47,976, for a total not-to-exceed amount of $347,811, and a term extension to September 30, 2024. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

8. AUTHORIZE A SOLE SOURCE PURCHASE OF FIRE APPARATUS AND APPROVE A GOODS AND SERVICES AGREEMENT WITH FIRE APPARATUS SOLUTIONS 9. A CONSTRUCTION CONTRACT WITH FLEMING ENVIRONMENTAL, INC. AND AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND ASSOCIATES FOR THE SAM ALBA PARK RESTROOM RENOVATION PROJECT 10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION FOR LATIMER BALLFIELD AND PUBLIC WORKS CITY YARD That the City Council take the following actions: A. Approve Fire Apparatus Solutions (FAS), of Rialto, California as the sole source provider for current and future procurements of Kovatch Mobile Equipment (KME) fire apparatus and fire equipment parts and services associated with the routine maintenance and repair of fire equipment; B. Authorize the sole source purchase and delivery of two (2) KME Fire Pumpers in the amount of $2,524,000 and one (1) KME Fire Aerial Tractor in the amount of $2,351,000 from FAS for a total not-to-exceed amount $4,875,000; and C. Authorize the City Manager or his designee to execute a three-year Goods and Services Agreement (on file in the Records Management Department) with FAS for an annual cost of $300,000 for a total not-to-exceed contract amount of $900,000 and authorize the City Manager or his designee to extend the agreement for one (1) additional two-year term. That the City Council take the following actions: A. Reject bids from KNC Construction, Inc., HZS Engineering and Construction, and Wakeco, Inc. for the Sam Alba Park Restroom Renovation Project as being non-responsive; B. Authorize the City Manager or his designee to complete and execute Construction Contract No. D&C20-017 (on file with the Records Management Department) with Fleming Environmental, Inc., of Fullerton, California, for the Sam Alba Park Restroom Renovation Project in the amount of $642,687 plus a 7% contingency of $44,989 to address any unforeseen issues that may arise during construction for a total contract not-to-exceed amount of $687,676; C. Authorize the City Manager or his designee to complete and execute Amendment No. 17 to the On-Call Design Services Agreement with Robert Borders and Associates (Robert Borders), of Costa Mesa, California, for the Sam Alba Park Restroom Renovation Project in the amount of $12,373; and D. Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, 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. 1 to the Maintenance Services Agreement (on file with the Records Management Department) for Contract No. PM 2023-3 with Red Hawk Services, Inc., of Perris, California, to provide fence CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STOEL RIVES LLP FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS 12. AUTHORIZE A SOLE SOURCE PURCHASE OF AN INTEGRATED BALLISTIC IDENTIFICATION SYSTEM (IBIS) FROM FORENSIC TECHNOLOGY INC. 13. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT WITH INNOVATIVE PLAYGROUNDS FOR BON VIEW PARK ATTACHMENT: Exhibit A-Bon View Park.docx 14. AN ORDINANCE AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES ATTACHMENT: Alcoholic Beverages in Public Facilities^ORD^RM 15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND repair and installation for the Latimer Ballfield and Public Works City Yard in the amount of $329,823 for a total contract not-to-exceed amount of $479,823. That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with Stoel Rives LLP, of Sacramento, California, in the amount of $225,000 for Fiscal Year 2023-24 and $100,000, for Fiscal Year 2024-25, for a new total not-to-exceed amount of $714,000, and extend the term until June 30, 2025, for legal and technical services with respect to matters relating to water supply and water rights. That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the sole source purchase of an Integrated Ballistic Identification System (IBIS) from Forensic Technology Inc., of Largo, Florida, in the amount of $369,133. That the City Council authorize the cooperative purchase of playground equipment for Bon View Park in the amount of $343,786 plus a 10% contingency of $34,379 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not to exceed amount of $378,165 from Innovative Playgrounds, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR. That the City Council adopt an Ordinance amending Section 5-11.02 of Chapter 11 of Title 5 of the Ontario Municipal Code relating to the public consumption and possession of alcoholic beverages on or in public facilities. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

PREVENTION ROUND 3 (HHAP-3) FUNDING ADMINISTERED BY THE COUNTY OF SAN BERNARDINO TO RAPIDLY REHOUSE HOMELESS FAMILIES AND INDIVIDUALS 16. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2022-23 FISCAL YEAR ATTACHMENT: DRAFT CAPER.pdf 17. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL FOR FILE NO. PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984 SQUARE FOOT INDUSTRIAL BUILDING, LOCATED AT THE SOUTHEAST CORNER OF SULTANA AVENUE AND BELMONT STREET (APNS: 1049-491-01, 1049-491-02, AND 1049- 491-03) That the City Council accept $135,000 in HHAP-3 funding to provide eight households that are homeless in the west valley of San Bernardino County with move-in costs and up to six months’ rent assistance and services to stabilize their housing. PUBLIC HEARINGS Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department. That the City Council take the following actions: A. Hold a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the Fiscal Year 2022-23 (on file in the Records Management Department); B. Direct Staff to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public comments received on the draft CAPER; and C. Authorize the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD. That the City Council consider and adopt a Resolution upholding the Planning Commission’s approval of the Development Plan (File No. PDEV21-035) and denying the appeal. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE FILE NO. PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984 SQUARE FOOT INDUSTRIAL BUILDING ON 3.15 GROSS ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF SULTANA AVENUE AND BELMONT STREET, WITHIN THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1049-491-01, 1049-491-02 AND 1049-491-03. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT: 20230919 File No. PDEV21-035 Appeal^02 Appeal Application.pdf ATTACHMENT: 20230919 File No. PDEV21-035 Appeal^03 PC Back-up.pdf ATTACHMENT: File No. PDEV21-035 Appeal_03 PDEV^RESO^RM STAFF MATTERS City Manager Ochoa COUNCIL MATTERS Mayor Leon Mayor pro Tem Dorst-Porada Council Member Wapner Council Member Bowman Council Member Valencia ADJOURNMENT CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

Department: Management Services Prepared By: Jordan T Villwock Staff Member Presenting: Darlene M. Sanchez, Assistant City Manager Reviewed By: Vanny Khu Approved By: Submitted To: Council/OHA Approved: _______________________________ Continued To: ___________________________ Denied: __________________________________ Item No: SUBJECT: A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY CITY OF ONTARIO Agenda Report September 19, 2023 SECTION: SPECIAL CEREMONIES RECOMMENDATION: That the City Council proclaim and recognize California Native American Day. THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED: Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities FISCAL IMPACT: There is no direct fiscal impact associated with this action. BACKGROUND & ANALYSIS: California Native American Day celebrates the rich cultures, traditions, and contributions of Native American tribes and communities. The day recognizes the diverse and vibrant cultures that have existed in California for thousands of years and it provides the opportunity to showcase the arts, language, medicine, environmental stewardship, and many other aspects of these cultures. California Native American Day also serves as a reminder of the historical challenges and injustices faced by Native American communities and encourages dialogue about cultural preservation, sovereignty, and contemporary issues. 9

PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY WHEREAS, the City of Ontario recognizes the importance of acknowledging and honoring the rich history, culture, and contributions of California Native Americans; and WHEREAS, California Native American Day provides an opportunity to celebrate the heritage, traditions, and resilience of California Native American peoples; and WHEREAS, California Native American Day offers a chance to educate the community about the diverse California Native American cultures that have shaped our region and our state; and WHEREAS, the City of Ontario aims to promote inclusivity, diversity, and respect for all individuals and communities within our city limits; and WHEREAS, California Native American communities have made significant contributions to the growth, development, and progress in the City of Ontario through their rich traditions, art, language, medicine, environmental stewardship, and more; and WHEREAS, recognizing California Native American Day will foster a greater understanding and appreciation of the historical and contemporary issues faced by California Native American communities; and WHEREAS, many counties and cities across the State of California have already established California Native American Day as an official observance to honor the Indigenous peoples of this land. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY DECLARE THE FOLLOWING: SECTION 1. The City of Ontario officially recognizes the importance of California Native American Day, celebrated every year on the 4 th Friday of September and this year on September 22, 2023. SECTION 2. The City of Ontario encourages residents, educational institutions, and community organizations to observe California Native American Day through activities, events, and educational initiatives that promote understanding, cultural exchange, and respect for California Native American traditions and contributions. SECTION 3. The City of Ontario will strive to incorporate California Native American history, culture, and perspectives into educational curricula and public programs within the City of Ontario. SECTION 4. The City of Ontario encourages local businesses and organizations to support California Native American artisans, entrepreneurs, and cultural initiatives through partnerships, collaborations, and sponsorship opportunities. 10

SECTION 5. The City of Ontario calls upon neighboring jurisdictions to recognize California Native American Day as an official observance, highlighting the importance of honoring and respecting the Native American people and their contributions to our society. GIVEN UNDER THE CORPORATE SEAL OF THE CITY OF ONTARIO, CALIFORNIA this 19th day of September 2023. _____________________________________ PAUL S. LEON, MAYOR ATTEST: ____________________________________ SHEILA MAUTZ, CITY CLERK 11

ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES AUGUST 15, 2023 (Not Official Until Approved) (Not Official Until Approved) JOINT MEETINGS The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, August 15, 2023 at Ontario City Hall, 303 E. B Street Ontario, California. CALL TO ORDER Mayor Leon called the joint meetings to order at 5:36 p.m. ROLL CALL PRESENT: Mayor/Chairman: Paul S. Leon Mayor pro Tem/Vice Chair: Debra Dorst-Porada Council/Authority Members: Alan D. Wapner and Ruben Valencia ABSENT: Council/Authority Members: Jim W. Bowman (excused) . Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz. INFORMATION RELATIVE TO POSSBILE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council. CLOSED SESSION Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, the City Council recessed to Closed Session with all members present, with the exception of Council Member Bowman at 5:40 p.m. for discussion of the following: GC 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS City Manager GC 54957.6 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Mayor; Unrepresented Employee: City Manager GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment. 12

Ontario City Council/Ontario Housing Regular Meeting Minutes – August 15, 2023 Page 2 of 19 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-