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Ontario City Council
August 20, 2024

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August 20, 2024
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Ontario City Council
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CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST 20, 2024
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
[email protected].

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:

20240820 Closed Session

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 Closed Session and Closed Session Comment at 6:00 p.m., 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

Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0210-211-33; 700 North Haven Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Starbridge Investment LLC; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Pastor Daniel Ventura, Ontario United Reformed Church
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

REPORT ON CLOSED SESSION
City Attorney
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 [email protected]. 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 2 minutes.

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:

20240716 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. A PROFESSIONAL SERVICES AGREEMENT FOR INVESTMENT MANAGEMENT AND ADVISORY

SERVICES

ATTACHMENT:

Investment Management and Advisory Services ___ Draft Contract.pdf

4. AN ORDINANCE APPROVING FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT FOR

21.58 ACRES OF LAND GENERALLY LOCATED SOUTH OF E STREET, NORTH OF HOLT

BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM AVENUE AND THE NORTHERN

PORTION OF THE BLOCK BETWEEN FERN AND PALM AVENUES AND C AND D STREETS Minutes for the regular meetings of the City Council, Housing Authority, and Ontario Public Financing Authority of July 16, 2024, and approving same as on file in the Records Management Department.

Bills July 19, 2024 through August 1, 2024, and Payroll June 29, 2024 through July 13, 2024.

That the City Council authorize the City Manager or designee to execute a Professional Services Agreement with Chandler Asset Management, Inc., for investment management and advisory services, for a period of three years, with two optional one-year extensions.

That the City Council consider and adopt an Ordinance approving File No. PUD23-004, the Downtown West Planned Unit Development (PUD), to establish a set of planning and design principles, development regulations and performance standards to govern future development of 21.58 acres, generally located south of E Street, north of Holt Boulevard, west of Euclid Avenue, east of Palm Avenue and the northern portion of the block between Fern and Palm Avenues and C and D Streets, within the LUA-1 (Euclid Avenue Entertainment) of the MU- 1 (Downtown Mixed Use) zoning district.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-004, A PLANNED UNIT DEVELOPMENT TO ESTABLISH PLANNING AND DESIGN

PRINCIPLES, DEVELOPMENT REGULATIONS AND PERFORMANCE STANDARDS TO GOVERN FUTURE DEVELOPMENT OF 21.58 ACRES OF LAND, GENERALLY LOCATED SOUTH OF E STREET,

NORTH OF HOLT BOULEVARD, WEST OF EUCLID AVENUE, EAST OF PALM AVENUE, AND THE

NORTHERN PORTION OF THE BLOCK BETWEEN FERN AND PALM AVENUES AND C AND D STREETS, WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1048- 566-08, 1048-566-09, 1048-566-10, 1048-566-02, 1048-566-01, 1048-566-03, 1048-566-04, 1048-566-06, 1048-566-07, 1048-561-07, 1048-561-08, 1048-561-09, 1048-561-10, 1048-561-12, 1048-561-13, 1048-562-01, 1048-562-02, 1048-565-01, 1048-565-04, 1048-565-05, 1048-565-06, 1048-566-06, 1048-566-07, 1048-354-04, 1048-354-05, 1048-354-06, 1048-354-07, 1048-354-08, 1048-353-13, 1048-353-14, 1048-354-01, 1048-354-02, 1048-354-03, 1048-565-14, 1048-566-05, 1048-566-11, 1048-561-11, 1048-562-03, 1048-562-06, 1048-562-07, 1048-563-01, 1048-563-02, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

File No. PUD23-004 CC 05^ORD^RM

ATTACHMENT:

File No. PUD23-004^06 Final Draft.pdf

5. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20683, LOCATED NEAR THE

SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET

ATTACHMENT:

20240820 Parcel Map 20683^1_EXH A.pdf

ATTACHMENT:

20240820 Parcel Map 20683 2^RESO^RM

6. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE ADAPTIVE REUSE PROJECT AT 121-143 NORTH EUCLID AVENUE.

ATTACHMENT:

HSR Proposal_125 129-131 and 143 N. Euclid Ave..doc

ATTACHMENT:

Amendment No 6_TSA Agr_02152021.pdf

7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE ENVIRONMENTAL SERVICES FOR PHASE 2 OF THE

ONTARIO ARENA ENTERTAINMENT DISTRICT PROJECT

ATTACHMENT:

Amendment (non-construction contract)_KH Piemonte.docx

ATTACHMENT:

Attachment A - Revised Exhibit A.pdf

ATTACHMENT:

Attachment B - Revised Exhibit B.pdf.docx

ATTACHMENT:

Attachment C - Revised Exhibit C.pdf.docx
1048-563-03, 1048-563-04, 1048-563-05, 1048-576-01, 1048-576-02, 1048-563-07, 1048-563-08, 1048-564-07, 1048-564-11, 1048-564-12, 1048-564-13, 1048-564-14, 1048-565-02, 1048-565-03, 1048-563-06, 1048-563-07, 1048-563-08, 1048-563-09, 1048-563-10, 1048-565-07, 1048-565-08, 1048-565-09, 1048-565-10, 1048-565-11, 1048-565-12, 1048-565-13, 1048-563-11, 1048-564-01, 1048-564-02, 1048-564-03, 1048-564-04, 1048-564-05, 1048-564-06, 1048-564-08, 1048-564-09, 1048-564-10.

That the City Council adopt a Resolution approving Final Parcel Map No. 20683 located near the southwest corner of Sultana
Avenue and D Street.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20683, LOCATED NEAR THE SOUTHWEST CORNER OF SULTANA AVENUE AND D STREET.

That the City Council authorize the City Manager or his designee to execute Amendment No. 6 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California for the Adaptive Reuse Project at 121-143 North Euclid Avenue in the amount of $100,000 for a total not-to-exceed contract amount of $806,600; and to extend the contract termination date by one year to December 31, 2025.

That the City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to a Professional Services Agreement with Kimley-Horn and Associates, Inc., of Riverside, California, to increase the project funding by $152,000 for a total authorized expenditure of $264,000, to provide environmental services for Phase 2 of the Ontario Arena Entertainment District Project.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

8. A RESOLUTION AUTHORIZING THE SETTLEMENT AGREEMENT WITH KROGER CO.

ATTACHMENT:

20240820 Kroger Co 01^RESO^RM

ATTACHMENT:

20240820 2024 National Opioid Settlement Kroger^02^EXH A (State
Allocation Agreement)

ATTACHMENT:

20240820 2024 National Opioid Settlement Kroger^03^EXH B (Participation Agreement)

9. CONSIDER A RESOLUTION APPROVING, PURSUANT TO THE CERTIFIED FINAL ONTARIO REGIONAL SPORTS COMPLEX ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023110328)

AND APPROVED MITIGATION MONITORING AND REPORTING PROGRAM, A STADIUM

VENUE AGREEMENT BETWEEN THE CITY OF ONTARIO AND RANCHO BASEBALL, LLC AND

MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH

ATTACHMENT:

Stadium Venue Agreement 01^RESO^RM
That the City Council take the following actions:

A
.

Adopt a Resolution authorizing the City Manager to opt into a Settlement Agreement with opioid distributor, Kroger Co.;
B
.

Authorize the City Manager, or his designee, to execute any documents or agreements needed to implement the action; and
C
.

Ratify the previous actions taken by the City Manager in order to opt into the Kroger Settlement.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO., AGREE

TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENT, AUTHORIZE ENTRY INTO THE STATE-

SUBDIVISION AGREEMENT WITH THE ATTORNEY GENERAL, AND RATIFY PREVIOUS ACTIONS TAKEN BY THE CITY MANAGER WITH RESPECT TO THE KROGER SETTLEMENT.

That the City Council take the following actions:

A
.

Consider and Adopt a Resolution Approving pursuant to the Certified Final Ontario Regional Sports Complex Environmental Impact Report (SCH No. 2023110328) and approved Mitigation Monitoring And Reporting Program, A Stadium Venue Agreement between the City And Rancho Baseball, LLC and Making Certain CEQA Findings In Connection Therewith; and
B
.

Authorize the City Manager, or his designee, to execute a Stadium Venue Agreement with Rancho Baseball, LLC on behalf of the City.

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

PURSUANT TO THE CERTIFIED FINAL ONTARIO REGIONAL SPORTS COMPLEX ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023110328) AND APPROVED MITIGATION MONITORING AND

REPORTING PROGRAM, A STADIUM VENUE AGREEMENT BETWEEN THE CITY AND RANCHO BASEBALL, LLC AND MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

Stadium Venue Agreement

10. ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FY24/25

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT

ATTACHMENT:

OTS Award Email.pdf

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC.

FOR RECURRING SUBSCRIPTION AND LICENSE COSTS FOR INTEGRATED WASTE

COLLECTION ROUTING SOFTWARE

ATTACHMENT:

Routeware- Amendment No. 2.pdf

12. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH GO2ZERO STRATEGIES, LLC AND GHD, INC. FOR ON-CALL SOLID WASTE CONSULTING SERVICES

ATTACHMENT:

GO2ZERO- Amendment No. 2.pdf

ATTACHMENT:

GHD- Amendment No. 1.pdf

13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH HELITENDER, INC. FOR

SCHEDULED AND UNSCHEDULED REPAIRS, INSPECTION SERVICES, PARTS AND

MAINTENANCE SERVICES
That City Council authorize the City Manager or his designee to execute all documents necessary to accept a 12-month grant in the amount of $705,000 from the California Office of Traffic Safety (OTS) for participation in the FY24/25 Selective Traffic Enforcement Program (STEP) Grant.

That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Routeware, Inc., of Portland, Oregon, for recurring costs for subscriptions, licenses, and ongoing technical support for Integrated Waste Collection Routing Software, exercising the two (2) additional one-year terms and increasing the contract amount by $536,190 for a total contract amount not-to-exceed $1,657,182 over the five-year term.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Go2Zero Strategies, LLC, of Irwindale, California, for on-call Solid Waste Consulting Services exercising the two (2) additional one-year extensions and increasing the contract amount by $100,000 per year for a total not-to- exceed contract amount of $500,000 over the five-year term; and B
.

Authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with GHD, Inc., of Irvine, California, for on-call Solid Waste Consulting Services exercising the two (2) additional one-year extensions and increasing the contract amount by $100,000 per year for a total not-to-exceed contract amount of $300,000 over the five-year term.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Helitender, Inc. of Pacoima, CA, for scheduled and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

Goods & Services Amendment No2_HELITENDER 2024_Rev.docx

14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC.

FOR CONSTRUCTION MANAGEMENT FOR THE VINEYARD PARKING STRUCTURE AT THE

ONTARIO SPORTS COMPLEX

ATTACHMENT:

Transtech Engineers, Inc.- Amendment No. 4.pdf

15. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL

CONFERENCE GENERAL ASSEMBLY MEETING

ATTACHMENT:

2024-Voting-Delegate-Information-Packet.pdf

16. PURCHASE OF WATER METERS AND REPAIR PARTS FROM HYDROPRO SOLUTIONS

ATTACHMENT:

202408020 AGR^02

17. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH BAY ALARM

COMPANY FOR THE ONTARIO POLICE DEPARTMENT FIRE ALARM NOTIFICATION SYSTEM AND A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE ONTARIO POLICE

DEPARTMENT REAL TIME INFORMATION CENTER & TENANT IMPROVEMENT PROJECT unscheduled repairs, inspection services, parts and maintenance services for Police Department helicopters in the amount of $150,000 for a total not-to-exceed contract amount of $800,000 and extend the agreement to June 30, 2027.

That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Transtech, Inc. (Transtech), of Chino, California, for on-call Construction Management Services for the Vineyard Parking Structure in the amount of $1,361,750 for a total not-to-exceed contract amount of $2,657,750.

That the City Council designate Mayor pro Tem Debra Porada as the City's voting delegate and Mayor Paul Leon as an alternate for the League of California Cities Annual Conference General Assembly scheduled for October 16 through October 18, 2024.

That the City Council approve and authorize the sole source purchase of new water meters and repair parts for a total not-to-exceed amount of $2,900,000 from HydroPro Solutions of Ontario, California, and authorize the City Manager or designee to execute a Goods and Equipment Agreement.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute Amendment No. 9 to the Maintenance Services Agreement with Bay Alarm Company, of Concord, California, for the Ontario Police Department (OPD) Fire Alarm Notification System installation in an amount of $422,629 and a 10% contingency of $42,262 for a total not-to-exceed contract amount of $1,487,163, and
B
.

Reject Optima RPM, Inc.’s protest against Wakeco, Inc. for D&C23-014 OPD Real Time Information Center (RTIC) and Tenant Improvement (TI) Project; and C
.

Authorize the City Manager, or his designee, to execute Construction Contract No.

D&C23-014 with Wakeco, Inc., of Temecula, California, for the OPD RTIC and TI Project in CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

Bay Alarm Company- Amendment No. 9.pdf

ATTACHMENT:

Wakeco, Inc.- Long Form Construction Contract.pdf

18. MAINTENANCE SERVICES AGREEMENTS WITH MERCHANTS LANDSCAPE SERVICES, INC.

FOR WEED ABATEMENT SERVICES IN THE QUIET HOME AREA (PART 150) AND THE

ONTARIO RANCH AREA

ATTACHMENT:

Merchants Landscape Srvcs-Ontario Ranch Weed Abatement.pdf

ATTACHMENT:

Merchants Landscape Srvcs-Quiet Home Weed Abatement.pdf

19. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS AND

ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN SERVICES FOR THE JOHN GALVIN

PARK SNACK BAR RENOVATION PROJECT

ATTACHMENT:

Robert Borders and Associates-Amendment No. 21.pdf

20. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH SECC CORPORATION FOR

ON-CALL CONDUIT AND CABLE INSTALLATION

ATTACHMENT:

20240820 SECC Corporation Change Order No. 1 AGMT^01.doc

ATTACHMENT:

20240820 SECC Corporation Change Order No. 1 EXHIBIT A^02.pdf

ATTACHMENT:

20240820 SECC Corporation Change Order No. 1 EXHIBIT B^02.pdf the amount of $3,611,000 and authorize a 10% contingency of $361,100 for a new contract value of $3,972,100 to address any unforeseen issues that arise during construction.

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-17 Quiet Home Area (Part 150) for Weed Abatement services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $681,348 for up to five (5) years; and
B
.

Authorize the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-18 Ontario Ranch Weed Abatement Services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $805,386 for up to five (5) years.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 21 to the on-call Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, to provide on-call architectural design services for the PF2307 John Galvin Park Snack Bar Renovation Project in the amount of $20,078 for a total not-to-exceed contract amount of $858,209 and extend the term to June 30, 2025.

That the City Council authorize Change Order No. 1 to Construction Contract No. BB-2022-002 with SECC Corporation of Chino, California, for on-call citywide fiber conduit installation services, in the amount of $277,403 for a revised total of $3,277,403; and authorize the City Manager, or his designee, to execute said contract and future amendments within the authorization limits.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

20240820 SECC Corporation Change Order No. 1 EXHIBIT C^03.pdf

21. A FIRST AMENDMENT TO A REIMBURSEMENT AGREEMENT FOR PUBLIC IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND TIPPING DEVELOPMENT, INC.

ATTACHMENT:

First Amendment Tipping Reimbursement Agmt Exhibit A^01.docx

ATTACHMENT:

First Amendment Tipping Reimbursement Agmt^02.doc

22. PRE-AUTHORIZE THE PURCHASE OF ANIMAL CONTROL VEHICLES

ATTACHMENT:

PB Loader Contract 080521.pdf

23. CONSIDER A RESOLUTION APPROVING, PURSUANT TO THE CERTIFIED FINAL

ENVIRONMENTAL IMPACT REPORT AND ADDENDA FOR THE ONTARIO CENTER SPECIFIC PLAN (SCH NO. 89041009), THE FIRST AMENDMENT TO THE COMMUNITY EVENTS CENTER

OPERATING AGREEMENT BETWEEN THE CITY AND SMG AMENDING TERMS FOR THE OPERATION AND MANAGEMENT OF EVENTS CENTER LOCATED AT 4000 EAST ONTARIO CENTER PARKWAY, ONTARIO, CA (APN: 0210-205-01)

ATTACHMENT:

Resolution 1st Am to Operating Agmt^RESO^RM
That the City Council approve a First Amendment to a Reimbursement Agreement ("Agreement") between the City of Ontario ("City") and Tipping Development, Inc. ("Developer"), and authorize the City Manager, or his designee, to execute the Agreement and all other documents required for implementation of the Agreement.

That the City Council pre-authorize the cooperative purchase and delivery of six 2024 F-350 animal control trucks for West End Animal Services Agency from PB Loader Corporation, of Fresno, California, consistent with the terms and conditions of the PB Loader Sourcewell Cooperative Contract No. 080521-PBL in the amount of $797,172 plus a 20% contingency of $159,435 for a total amount not-to-exceed amount of $956,607.

That the City Council takes the following actions:

A
.

Consider and Adopt a Resolution Approving, Pursuant to the Certified Final Environmental Impact Report and Addenda for The Ontario Center Specific Plan (SCH No. 89041009), the First Amendment to the Community Events Center Operating Agreement between the City of Ontario and SMG; and
B
.

Authorize the City Manager, or his designee, to execute the First Amendment to the Community Events Center Operating Agreement between the City and SMG, on behalf of the City.

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

PURSUANT TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT AND ADDENDA FOR THE ONTARIO CENTER SPECIFIC PLAN (SCH NO. 89041009), THE FIRST AMENDMENT TO THE

COMMUNITY EVENTS CENTER OPERATING AGREEMENT BETWEEN THE CITY AND SMG

AMENDING TERMS FOR THE OPERATION AND MANAGEMENT OF EVENTS CENTER LOCATED AT 4000 EAST ONTARIO CENTER PARKWAY, ONTARIO, CA (APN: 0210-205-01).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

Ontario First Am to Community Events Center Operating Agreement SMG-c1 (003) - FINAL.docx

24. CONSIDER A RESOLUTION APPROVING A KIOSK LICENSE AGREEMENT BETWEEN THE CITY

AND OTC LOT A OWNER GRANTING A LICENSE TO USE CERTAIN LOCATIONS WITHIN AN

AREA IMMEDIATELY ADJACENT TO THE EVENTS CENTER TO, AMONG OTHER THINGS,

CONSTRUCT AND OPERATE KIOSKS AND MAKING CERTAIN CEQA FINDINGS IN

CONNECTION THEREWITH

ATTACHMENT:

City Kiosk License Agreement (Lot A) final.pdf

ATTACHMENT:

Resolution Kiosk License Agreement 01^RESO^RM.docx

25. A PUBLIC HEARING TO CONSIDER CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023020281), INCLUDING THE ADOPTION OF A

MITIGATION MONITORING AND REPORTING PROGRAM AND A STATEMENT OF OVERRIDING CONSIDERATIONS, IN CONJUNCTION WITH A SPECIFIC PLAN (FILE NO.

PSP22-001 - EUCLID MIXED USE SPECIFIC PLAN)
That the City Council takes the following actions:

A
.

Consider and Adopt a Resolution Approving A Kiosk License Agreement Between The City And OTC Lot A Owner Granting A License To Use Certain Locations Within An Area Immediately Adjacent To The Events Center To, Among Other Things, Construct And Operate Kiosks And Making Certain CEQA Findings In Connection Therewith; and B
.

Authorize the City Manager, or his designee, to execute the Kiosk License Agreement between the City and OTC Lot A Owner, on behalf of the City.

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

KIOSK LICENSE AGREEMENT BETWEEN THE CITY AND OTC LOT A OWNER GRANTING A LICENSE

TO USE CERTAIN LOCATIONS WITHIN AN AREA IMMEDIATELY ADJACENT TO THE EVENTS

CENTER TO, AMONG OTHER THINGS, CONSTRUCT AND OPERATE KIOSKS AND MAKING CERTAIN CEQA FINDINGS IN CONNECTION THEREWITH.

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.

Each member of the public wishing to address the City Council on Public Hearing items will be given a total of 2 minutes.

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:

File No. PSP22-001 01^EIR^RESO^RM

ATTACHMENT:

File No. PSP22-001^02_DEIR.pdf

ATTACHMENT:

File No. PSP22-001^04_Final EIR.pdf

ATTACHMENT:

File No. PSP22-001^05_MMRP.pdf

ATTACHMENT:

File No. PSP22-001 SP 06^ORD^RM

ATTACHMENT:

File No. PSP22-001^07_SP Attch.pdf

ATTACHMENT:

File No. PSP22-001^08_SP COA.pdf

26. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-004) BETWEEN THE CITY OF ONTARIO AND

EUCLID LAND INVESTMENT, LLC

A
.

Consider and adopt a Resolution certifying the Environmental Impact Report (State Clearinghouse No. 2023020281) prepared for the Euclid Mixed Use Specific Plan, File No.

PSP22-001, which includes a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and
B
.

Introduce and waive further reading of an Ordinance approving the Euclid Mixed Use Specific Plan (File No. PSP22-001).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2023020281) FOR THE EUCLID MIXED USE SPECIFIC PLAN (EMUSP) FOR FILE NO. PSP22-001 AND ADOPT

ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,

INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP22-001, A SPECIFIC PLAN (EUCLID MIXED USE SPECIFIC PLAN) TO ESTABLISH THE

LAND USE DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 1,386,776 SQUARE FEET OF BUSINESS PARK LAND USES, 290,110 SQUARE FEET OF OFFICE AND RETAIL LAND USES, AND 466 DWELLING UNITS ON THE 84-ACRE PROJECT SITE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1053-071-01; 1053-071-02; 1053-071-03; 1053-071-04; 1053-211-01; 1053- 211-02; 1053-211-05; 1053-281-01; 1053-281-02; 1053-281-03; 1053-281-04; 1053-281-07; 1053-281-08; 1053-081-01; 1053-081-02; 1053-081-03; 1053-081-04.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA23-004) between the City of Ontario and Euclid Land Investment, LLC, to establish the terms and conditions associated with Tentative Parcel Map 20714 (File No. PMTT23-005), a 60-acre property located east of Euclid Avenue, south of Schaefer Avenue, west of future Sultana Avenue and north of Edison Avenue within the Euclid Mixed Use Specific Plan.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23-004, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND

EUCLID LAND INVESTMENT, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

File_No._PDA23-004_ Euclid Land
Investment LLC^01^EXH A&B.pdf

ATTACHMENT:

File No. PDA23-004 Euclid Land Investment LLC 02^ORD^RM

ATTACHMENT:

File_No._PDA23-004_ Euclid Land
Investment LLC^03^DEV^AGR.docx

27. A PUBLIC HEARING TO CONSIDER AN EXTENSION FOR ORDINANCE NO. 3275, AN

URGENCY ORDINANCE TO IMPLEMENT MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE RESIDENTIAL OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, FILE NO. PDCA24-001

ATTACHMENT:

20240820 PDCA24-001 ODDS Urgency Ord Ext 02^ORD^RM

ATTACHMENT:

20240820 PDCA24-001 ODDS Urgency Ord Ext^03 Doc.pdf

28. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK);

ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES WITH TENTATIVE PARCEL MAP 20714, FILE NO. PMTT23-005, A 60 ACRE PROPERTY LOCATED

EAST OF EUCLID AVENUE, SOUTH OF SCHAEFER AVENUE, WEST OF SULTANA AVENUE AND NORTH OF EDISON AVENUE WITHIN THE EUCLID MIXED USE SPECIFIC PLAN, FILE NO. PSP22- 001; APNS: 1053-071-01, 1053-071-02, 1053-071-03, 1053-071-04, 1053-211-01, 1053-211-02, 1053-281-08, 1053-081-01, 1053-081-02, 1053-081-03 AND 1053-081-04.

That the City Council c
onsider and waive further reading of an extension to the Urgency Ordinance amending the reference document section of the City's Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, EXTENDING ORDINANCE NO. 3275, AN URGENCY ORDINANCE CONSISTING OF AN AMENDMENT TO THE ONTARIO MUNICIPAL CODE, FILE NO. PDCA24-001, AMENDING THE REFERENCE SECTION OF

THE ONTARIO DEVELOPMENT CODE ESTABLISHING MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE RESIDENTIAL OBJECTIVE DEVELOPMENT AND DESIGN STANDARDS.

That the City Council consider and:

A
.

Adopt a Resolution of Formation of Community Facilities District No. 52 (Sundance Park), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B
.

Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 52 (Sundance Park); C
.

Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 52 (Sundance Park);
D
.

Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E
.

Adopt a Resolution authorizing the execution and delivery of an amended and restated acquisition and funding agreement with Brookcal Ontario, LLC, a Delaware limited liability company; and
F
.

Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 52 (Sundance Park).

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

CFD 52 Sundance Park Reso of Formation 01^RESO^RM

ATTACHMENT:

CFD 52 Sundance Park^01A
RMA EXH B.pdf

ATTACHMENT:

CFD 52 Sundance Park Reso Deeming Necessity to Incur 02^RESO^RM

ATTACHMENT:

CFD 52 Sundance Park^03 Concurrence of Election Official.docx

ATTACHMENT:

CFD 52 Sundance Park Reso Calling Election 04^RESO^RM

ATTACHMENT:

CFD 52 Sundance Park Reso Dclr Results of Election 05^RESO^RM

ATTACHMENT:

CFD 52 Sundance Park Ordinance to Levy Special Tax 06^ORD^RM

ATTACHMENT:

CFD 52 Sundance Park Reso Authorizing Amended Acquisition Agreement 07^RESO^RM

29. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT TO ESTABLISH A 10,314 SQUARE-FOOT ADULT DAY CARE FACILITY AT 910 NORTH

MOUNTAIN AVENUE

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK),

PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A SPECIAL

TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES

DISTRICT BE ESTABLISHED

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY FOR THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) TO INCUR BONDED INDEBTEDNESS.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK).

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

THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED ACQUISITION AND FUNDING AGREEMENT WITH BROOKCAL ONTARIO LLC.

That the City Council conduct a public hearing on the Appeal and, after receiving all public testimony, uphold the Planning Commission’s decision to deny Conditional Use Permit File No.

PCUP23-018, to establish a 10,314 square-foot adult day care facility located at 910 North Mountain Avenue.

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

THE DENIAL OF A CONDITIONAL USE PERMIT FOR AN ADULT DAY CARE FACILITY LOCATED AT 910 NORTH MOUNTAIN AVENUE WITHIN THE CN (NEIGHBORHOOD COMMERCIAL) ZONING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov

ATTACHMENT:

File No. PCUP23-018 PC Appeal^02 PC APPEAL APPLICATION

ATTACHMENT:

File No. PCUP23-018 PC Appeal 02^RESO^RM
DISTRICT; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA—APN: 1010-141-03.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS
Public Art Program Advisory Commission Appointment

Mayor Leon
Mayor pro Tem 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

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