City Council/Housing Authority

CITY OF ONTARIO Regular City Council/Housing Authority Meeting DECEMBER 5, 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

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 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 Bowman INVOCATION Senior Pastor Gresford Thomas, Ontario Seventh-Day Adventist Church 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 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. 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: 20231107 Minutes (Not official until approved) 2. BILLS & PAYROLL 3. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND UPDATED INVESTMENT POLICY 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 November 7, 2023, and approving same as on file in the Records Management Department. Bills November 3, 2023 through November 16, 2023, and Payroll October 22, 2023 through November 4, 2023. That the City Council adopt Resolutions rescinding Resolution Nos. 2022-157 and 2022-158; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario’s Investment Policy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: Investment Policy (2023)^EXHIBIT A ATTACHMENT: Updating Authorized Deputy City Treasurers^02^RESO-Local Agency Investment Fund^RM ATTACHMENT: Updating Authorized Deputy City Treasurers^03^RESO- City Funds^RM 4. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET ATTACHMENT: Parcel Map 20087^01 EXH A.pdf ATTACHMENT: Parcel Map 20087^02^RESO^RM 5. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE DEMOLITION OF THE BUILDINGS AT 404 N. EUCLID AVE. AND CONSTRUCTION OF A NEW "D BLOCK" TEMPORARY SURFACE PARKING LOT ATTACHMENT: Construction Contract - Environmental Resource.pdf 6. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL CONSULTING SERVICES THE INVESTMENT OF INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2022-157. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2022-158. That the City Council adopt a Resolution approving Final Parcel Map No. 20087 located at the southwest corner of Ontario Mills Drive and Fourth Street. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET. That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Construction Contract No. D&C23-002 404 N. Euclid Demolition with Resource Environmental, Inc., of Cerritos, California, for the demolition of 404 N. Euclid Ave and the construction of a temporary surface parking lot in the amount of $1,639,000; B. Authorize a 15% contingency of $245,850 to address any unforeseen issues that may arise during the demolition and construction for a total contract amount not-to-exceed $1,884,850; and C. 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 and Authority Board approve and authorize the City Manager or designee to execute three-year On-Call Professional Services Agreements with five acquisition, relocation, and property management firms, seven real estate valuation and appraisal firms, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: 20231205 Professional Services Agreement_EPIC^01 ATTACHMENT: 20231205 Professional Services Agreement_Interwest^02 ATTACHMENT: 20231205 Professional Services Agreement_Monument^03 ATTACHMENT: 20231205 Professional Services Agreement_OPC^04 ATTACHMENT: 20231205 Professional Services Agreement_Paragon^05 ATTACHMENT: 20231205 Professional Services Agreement_BRI^06 ATTACHMENT: 20231205 Professional Services Agreement_BTI^07 ATTACHMENT: 20231205 Professional Services Agreement_CBRE^08 ATTACHMENT: 20231205 Professional Services Agreement_Hendrickson^09 ATTACHMENT: 20231205 Professional Services Agreement_Integra^10 ATTACHMENT: 20231205 Professional Services Agreement_Riggs&Riggs^11 ATTACHMENT: 20231205 Professional Services Agreement_Thompson&Thompson^12 ATTACHMENT: 20231205 Professional Services Agreement_EXP^13 ATTACHMENT: 20231205 Professional Services Agreement_HR Green^14 ATTACHMENT: 20231205 Professional Services Agreement_IMEG^15 ATTACHMENT: 20231205 Professional Services Agreement_KOA^16 ATTACHMENT: 20231205 Professional Services Agreement_MarkThomas^17 ATTACHMENT: 20231205 Professional Services Agreement_MichaelBaker^18 ATTACHMENT: 20231205 Professional Services Agreement_Psomas^19 ATTACHMENT: 20231205 Professional Services Agreement_TKE^20 ATTACHMENT: 20231205 Professional Services Agreement_Transtech^21 ATTACHMENT: 20231205 Professional Services Agreement_WoodRodgers^22 ATTACHMENT: 20231205 Professional Services Agreement_Citadel^23 ATTACHMENT: 20231205 Professional Services Agreement_Converse^24 ATTACHMENT: 20231205 Professional Services Agreement_DeltaGroup^25 ATTACHMENT: 20231205 Professional Services Agreement_Dudek^26 ATTACHMENT: 20231205 Professional Services Agreement_Kleinfelder^27 ATTACHMENT: 20231205 Professional Services Agreement_UES^28 7. A PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION COMPUTER PROGRAMMING AND MAINTENANCE SERVICES ATTACHMENT: 20231205 Freedom Automation AGMT ten engineering and land surveying firms, and six environmental firms; and authorize the City Manager or designee to extend the agreements for up to two additional one-year periods. In no event shall the proposed Agreement, with each firm, exceed $500,000 over a three-year period with an allocation of $166,000 per year. That the City Council approve and authorize the City Manager, or his designee, to execute a Professional Services Agreement with Freedom Automation Inc., of Oceanside, California, for the City’s Supervisory Control and Data Acquisition (SCADA) computer programming and maintenance services in the amount of $200,000 for Fiscal Year 2023-24, and authorize the cost of $200,000 per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,000,000, with an initial term from December 5, 2023 to June 30, 2024, with the option to extend the Agreement for up to four consecutive one year periods, at the set pricing levels per Bid No. 1676. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 2ND FLOOR OFFICE RENOVATION PROJECT ATTACHMENT: Model Amendment (non-construction contract) letterhead.pdf 9. A ZONE CHANGE REQUEST (FILE NO. PZC23-003) FOR VARIOUS PROPERTIES THROUGHOUT THE CITY ATTACHMENT: File Nos. PGPA23-001 PZC23-003^06^ORD-ZC^RM 10. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS FOR OUTDOOR EQUITY GRANTS PROGRAM That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with CalTek Technologies, of Ontario, California, for the 208 Emporia 2nd Floor Office Renovation Project in the amount of $13,972 for a total not-to-exceed contract amount of $163,972; and B. 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 consider and adopt an Ordinance approving a Zone Change application (File No. PZC23-003) to rezone: [1] 3.8 acres of land from HDR-45 (High-Density Residential, 25.1-45 dus/acre) to MU-1 (Downtown Mixed Use) located north of D Street, south of E Street, and to the west of Laurel Street; [2] 9.8 acres of land from BP (Business Park) to MU-6 (East Holt Mixed Use) located on the north side of Holt Boulevard, 800 feet east of Imperial Street; and [3] 5.75 acres of land from OL (Low-Intensity Office) to MU-1 (Downtown Mixed Use) located on the southwest corner of Sultana Avenue and D Street. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-003, A ZONE CHANGE REQUEST TO AMEND THE OFFICIAL ZONING MAP: [1] REZONING 3.8 ACRES OF LAND FROM HDR-45 (HIGH-DENSITY RESIDENTIAL) TO MU-1 (DOWNTOWN MIXED USE), [2] REZONING OF 9.8 ACRES OF LAND FROM BP (BUSINESS PARK) TO MU-6 (EAST HOLT MIXED USE), AND [3] REZONING 5.75 ACRES OF LAND FROM OL (LOW- INTENSITY OFFICE) TO MU-1 (DOWNTOWN MIXED USE), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110-072-25, 0110-081-06, 0110-081-07, 1048-344-03, 1048-353-04, 1048- 353-05, 1048-353-09, 1048-353-13, 1048-353-14, 1048-541-15, 1048-576-01, AND 1048-576-02. That the City Council take the following actions: A. Adopt a Resolution approving the filing of an application for grant funds through the Outdoor Equity Grants Program; B. Authorize the City Manager, or his designee, to execute any documents or agreements needed to complete the application and implement the grant; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: Resolution-Application for Grant funds for Outdoor Equity Grants Program-12-5-23.docx 11. AN AMENDMENT TO SECTION 5.03.363, "SHORT TERM RENTALS," OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY ATTACHMENT: Short Term Rental ORD^RM 12. AN AMENDMENT TO THE ON-CALL MAINTENANCE SERVICES AGREEMENT WITH WESTERN ALLIED CORPORATION FOR VARIOUS ONTARIO POLICE DEPARTMENT TENANT IMPROVEMENT PROJECTS ATTACHMENT: Western Allied Contract Amendment No. 1 AA2 letterhead.pdf 13. A CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS POLE REPLACEMENT PROJECT C. If awarded, accept funding of $100,000 provided by the Outdoor Equity Grants Program. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS. That the City Council adopt an Ordinance amending subsections C, D, E, F, I, J and K of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY. That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Amendment No. 1 to the On-Call Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for Ontario Police Department (OPD) Tenant Improvement Projects in the amount of $135,000 for a total not-to-exceed contract amount of $1,560,000; and B. 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 take the following actions: A. Authorize the City Manager or his designee to execute a Construction Contract with MC Electric, of Chino, California, for the Parks Pole Replacement Project in the amount of $984,300; B. Authorize a 10% contingency of $98,430 to address any unforeseen issues that may arise during construction, for a total contract amount not-to-exceed $1,082,730; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: MC Electric Construction Contract.pdf 14. ADOPT A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW FIRE CHIEF ATTACHMENT: Fire_Chief_Salary_Approval_RESO_RM.docx 15. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP23-007, FOR A DESIGNATED HISTORIC PROPERTY ATTACHMENT: File No. PHP23-007^01 PC Back-up.pdf ATTACHMENT: File No. PHP23-007 Mills Act^02^RESO^RM ATTACHMENT: File No. PHP23-007^03 Contract 311 W H St 16. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT, RESOLUTION, AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC. C. 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 adopt a Resolution confirming the appointment of a new Fire Chief at a salary range consistent with range EX 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF FIRE CHIEF. 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 consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the designated historic property located at 311 West H Street (APN: 1048-271-09), Michael Kerby and Cynthia L. Kerby. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP23-007, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH MICHAEL KERBY AND CYNTHIA L. KERBY, FOR THE PROPERTY LOCATED AT 311 WEST H STREET (APN: 1048-271-09). That the City Council take the following actions: CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT: Home Depot SDC^01^RESO^RM ATTACHMENT: Home Depot SCD- Subsidy Report^02 ATTACHMENT: Home Depot SCD - OCA Final^03 A. Adopt a Resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement with Home Depot U.S.A., Inc.; B. Adopt a Resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC. 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 DECEMBER 5, 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

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 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 Bowman INVOCATION Senior Pastor Gresford Thomas, Ontario Seventh-Day Adventist Church 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 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. 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: 20231107 Minutes (Not official until approved) 2. BILLS & PAYROLL 3. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND UPDATED INVESTMENT POLICY 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 November 7, 2023, and approving same as on file in the Records Management Department. Bills November 3, 2023 through November 16, 2023, and Payroll October 22, 2023 through November 4, 2023. That the City Council adopt Resolutions rescinding Resolution Nos. 2022-157 and 2022-158; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario’s Investment Policy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT: Investment Policy (2023)^EXHIBIT A ATTACHMENT: Updating Authorized Deputy City Treasurers^02^RESO-Local Agency Investment Fund^RM ATTACHMENT: Updating Authorized Deputy City Treasurers^03^RESO- City Funds^RM 4. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET ATTACHMENT: Parcel Map 20087^01 EXH A.pdf ATTACHMENT: Parcel Map 20087^02^RESO^RM 5. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE DEMOLITION OF THE BUILDINGS AT 404 N. EUCLID AVE. AND CONSTRUCTION OF A NEW "D BLOCK" TEMPORARY SURFACE PARKING LOT ATTACHMENT: Construction Contract - Environmental Resource.pdf 6. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL CONSULTING SERVICES THE INVESTMENT OF INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2022-157. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2022-158. That the City Council adopt a Resolution approving Final Parcel Map No. 20087 located at the southwest corner of Ontario Mills Drive and Fourth Street. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET. That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Construction Contract No. D&C23-002 404 N. Euclid Demolition with Resource Environmental, Inc., of Cerritos, California, for the demolition of 404 N. Euclid Ave and the construction of a temporary surface parking lot in the amount of $1,639,000; B. Authorize a 15% contingency of $245,850 to address any unforeseen issues that may arise during the demolition and construction for a total contract amount not-to-exceed $1,884,850; and C. 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 and Authority Board approve and authorize the City Manager or designee to execute three-year On-Call Professional Services Agreements with five acquisition, relocation, and property management firms, seven real estate valuation and appraisal firms, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT: 20231205 Professional Services Agreement_EPIC^01 ATTACHMENT: 20231205 Professional Services Agreement_Interwest^02 ATTACHMENT: 20231205 Professional Services Agreement_Monument^03 ATTACHMENT: 20231205 Professional Services Agreement_OPC^04 ATTACHMENT: 20231205 Professional Services Agreement_Paragon^05 ATTACHMENT: 20231205 Professional Services Agreement_BRI^06 ATTACHMENT: 20231205 Professional Services Agreement_BTI^07 ATTACHMENT: 20231205 Professional Services Agreement_CBRE^08 ATTACHMENT: 20231205 Professional Services Agreement_Hendrickson^09 ATTACHMENT: 20231205 Professional Services Agreement_Integra^10 ATTACHMENT: 20231205 Professional Services Agreement_Riggs&Riggs^11 ATTACHMENT: 20231205 Professional Services Agreement_Thompson&Thompson^12 ATTACHMENT: 20231205 Professional Services Agreement_EXP^13 ATTACHMENT: 20231205 Professional Services Agreement_HR Green^14 ATTACHMENT: 20231205 Professional Services Agreement_IMEG^15 ATTACHMENT: 20231205 Professional Services Agreement_KOA^16 ATTACHMENT: 20231205 Professional Services Agreement_MarkThomas^17 ATTACHMENT: 20231205 Professional Services Agreement_MichaelBaker^18 ATTACHMENT: 20231205 Professional Services Agreement_Psomas^19 ATTACHMENT: 20231205 Professional Services Agreement_TKE^20 ATTACHMENT: 20231205 Professional Services Agreement_Transtech^21 ATTACHMENT: 20231205 Professional Services Agreement_WoodRodgers^22 ATTACHMENT: 20231205 Professional Services Agreement_Citadel^23 ATTACHMENT: 20231205 Professional Services Agreement_Converse^24 ATTACHMENT: 20231205 Professional Services Agreement_DeltaGroup^25 ATTACHMENT: 20231205 Professional Services Agreement_Dudek^26 ATTACHMENT: 20231205 Professional Services Agreement_Kleinfelder^27 ATTACHMENT: 20231205 Professional Services Agreement_UES^28 7. A PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION COMPUTER PROGRAMMING AND MAINTENANCE SERVICES ATTACHMENT: 20231205 Freedom Automation AGMT ten engineering and land surveying firms, and six environmental firms; and authorize the City Manager or designee to extend the agreements for up to two additional one-year periods. In no event shall the proposed Agreement, with each firm, exceed $500,000 over a three-year period with an allocation of $166,000 per year. That the City Council approve and authorize the City Manager, or his designee, to execute a Professional Services Agreement with Freedom Automation Inc., of Oceanside, California, for the City’s Supervisory Control and Data Acquisition (SCADA) computer programming and maintenance services in the amount of $200,000 for Fiscal Year 2023-24, and authorize the cost of $200,000 per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,000,000, with an initial term from December 5, 2023 to June 30, 2024, with the option to extend the Agreement for up to four consecutive one year periods, at the set pricing levels per Bid No. 1676. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 2ND FLOOR OFFICE RENOVATION PROJECT ATTACHMENT: Model Amendment (non-construction contract) letterhead.pdf 9. A ZONE CHANGE REQUEST (FILE NO. PZC23-003) FOR VARIOUS PROPERTIES THROUGHOUT THE CITY ATTACHMENT: File Nos. PGPA23-001 PZC23-003^06^ORD-ZC^RM 10. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS FOR OUTDOOR EQUITY GRANTS PROGRAM That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with CalTek Technologies, of Ontario, California, for the 208 Emporia 2nd Floor Office Renovation Project in the amount of $13,972 for a total not-to-exceed contract amount of $163,972; and B. 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 consider and adopt an Ordinance approving a Zone Change application (File No. PZC23-003) to rezone: [1] 3.8 acres of land from HDR-45 (High-Density Residential, 25.1-45 dus/acre) to MU-1 (Downtown Mixed Use) located north of D Street, south of E Street, and to the west of Laurel Street; [2] 9.8 acres of land from BP (Business Park) to MU-6 (East Holt Mixed Use) located on the north side of Holt Boulevard, 800 feet east of Imperial Street; and [3] 5.75 acres of land from OL (Low-Intensity Office) to MU-1 (Downtown Mixed Use) located on the southwest corner of Sultana Avenue and D Street. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-003, A ZONE CHANGE REQUEST TO AMEND THE OFFICIAL ZONING MAP: [1] REZONING 3.8 ACRES OF LAND FROM HDR-45 (HIGH-DENSITY RESIDENTIAL) TO MU-1 (DOWNTOWN MIXED USE), [2] REZONING OF 9.8 ACRES OF LAND FROM BP (BUSINESS PARK) TO MU-6 (EAST HOLT MIXED USE), AND [3] REZONING 5.75 ACRES OF LAND FROM OL (LOW- INTENSITY OFFICE) TO MU-1 (DOWNTOWN MIXED USE), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110-072-25, 0110-081-06, 0110-081-07, 1048-344-03, 1048-353-04, 1048- 353-05, 1048-353-09, 1048-353-13, 1048-353-14, 1048-541-15, 1048-576-01, AND 1048-576-02. That the City Council take the following actions: A. Adopt a Resolution approving the filing of an application for grant funds through the Outdoor Equity Grants Program; B. Authorize the City Manager, or his designee, to execute any documents or agreements needed to complete the application and implement the grant; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT: Resolution-Application for Grant funds for Outdoor Equity Grants Program-12-5-23.docx 11. AN AMENDMENT TO SECTION 5.03.363, "SHORT TERM RENTALS," OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY ATTACHMENT: Short Term Rental ORD^RM 12. AN AMENDMENT TO THE ON-CALL MAINTENANCE SERVICES AGREEMENT WITH WESTERN ALLIED CORPORATION FOR VARIOUS ONTARIO POLICE DEPARTMENT TENANT IMPROVEMENT PROJECTS ATTACHMENT: Western Allied Contract Amendment No. 1 AA2 letterhead.pdf 13. A CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS POLE REPLACEMENT PROJECT C. If awarded, accept funding of $100,000 provided by the Outdoor Equity Grants Program. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS. That the City Council adopt an Ordinance amending subsections C, D, E, F, I, J and K of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY. That the City Council take the following actions: A. Authorize the City Manager or his designee to execute Amendment No. 1 to the On-Call Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for Ontario Police Department (OPD) Tenant Improvement Projects in the amount of $135,000 for a total not-to-exceed contract amount of $1,560,000; and B. 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 take the following actions: A. Authorize the City Manager or his designee to execute a Construction Contract with MC Electric, of Chino, California, for the Parks Pole Replacement Project in the amount of $984,300; B. Authorize a 10% contingency of $98,430 to address any unforeseen issues that may arise during construction, for a total contract amount not-to-exceed $1,082,730; and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT: MC Electric Construction Contract.pdf 14. ADOPT A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW FIRE CHIEF ATTACHMENT: Fire_Chief_Salary_Approval_RESO_RM.docx 15. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT (PRESERVATION AGREEMENT), FILE NO. PHP23-007, FOR A DESIGNATED HISTORIC PROPERTY ATTACHMENT: File No. PHP23-007^01 PC Back-up.pdf ATTACHMENT: File No. PHP23-007 Mills Act^02^RESO^RM ATTACHMENT: File No. PHP23-007^03 Contract 311 W H St 16. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT, RESOLUTION, AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC. C. 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 adopt a Resolution confirming the appointment of a new Fire Chief at a salary range consistent with range EX 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF FIRE CHIEF. 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 consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the designated historic property located at 311 West H Street (APN: 1048-271-09), Michael Kerby and Cynthia L. Kerby. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP23-007, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH MICHAEL KERBY AND CYNTHIA L. KERBY, FOR THE PROPERTY LOCATED AT 311 WEST H STREET (APN: 1048-271-09). That the City Council take the following actions: CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT: Home Depot SDC^01^RESO^RM ATTACHMENT: Home Depot SCD- Subsidy Report^02 ATTACHMENT: Home Depot SCD - OCA Final^03 A. Adopt a Resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement with Home Depot U.S.A., Inc.; B. Adopt a Resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC. 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 9

ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES NOVEMBER 7, 2023 (Not Official Until Approved) (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, November 7, 2023 at Ontario City Hall, 303 E. B Street Ontario, California. CALL TO ORDER Mayor Leon called the joint meetings to order at 5:31 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 City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz. 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 and recessed to Closed Session at 5:32 p.m. for discussion of the following:  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel  GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS 51010, 4th District Appellate Case Nos. E079052, E080533, E080457 OPEN MEETING CALLED TO ORDER Mayor Leon reconvened the meetings at 6:32 p.m. for the regular session. 10

Ontario City Council/Ontario Housing Regular Meeting Minutes – November 7, 2023 Page 2 of 9 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Wapner. INVOCATION The invocation was led by Pastor Martin Chavez, First Fundamental Bible Church Ontario. REPORT ON CLOSED SESSION City Attorney Duran stated there was no reportable action. PUBLIC COMMENTS Assistant City Clerk Isbell announced there were two written public comments: Toni Limas, regarding implementation of AB 2953. Amanda Coker, upcoming events with the Chino Basin Water Conservation District. Mayor Leon called upon the first speaker: Silvano and Kamal Rosas, announced the grand opening of their restaurant located at 112 W. B Street. Rebecca Arroyo, not present when called upon. William Mercado, announced upcoming events with the Chino Basin Water Conservation District. Chris Robles, regarding crime near 4th and Vineyard. Lucia Robels, regarding crime near 4th and Vineyard. Mario Huante, spoke regarding the U.S. and Arizona State Constitution. Jesse Fonseca, spoke on airplane noise. AGENDA REVIEW/ANNOUNCEMENTS City Manager Ochoa made no announcements. INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council. CONSENT CALENDAR ITEM PULLED FROM CONSENT CALLENDAR: Mayor pro Tem Dorst-Porada pulled Item No. 10 from the Consent Calendar for a separate vote. 11

Ontario City Council/Ontario Housing Regular Meeting Minutes – November 7, 2023 Page 3 of 9 Virginia Shannon, spoke in opposition of Item No. 16. Terry Weatherby, spoke in opposition of Item No. 16. Chris Robles, spoke in support of Item No. 17. MOTION: Moved by Mayor pro Tem Dorst-Porada sec