Agenda packet — Ontario City Council, August 19, 2025 (part 1 of 5)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST 19, 2025
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

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.

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

ACCOMMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
5:30 p.m.
, immediately followed by Public Comment, the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conﬂict of interests and ﬁnancial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is 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 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 1053-521-01, 1053-521-02, 1053-591-01, 1053-591-02, 1053-601-01, 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01, 1054-301-02; CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

ATTACHMENT:

20250819 Closed Session
14389 East Edison Avenue, 7511 East Eucalyptus Avenue, 7388 East Eucalyptus Avenue, 7280 East Eucalyptus Avenue, 7566 East Eucalyptus Avenue, 7634 East Eucalyptus Avenue, 0 East Eucalyptus Avenue, 0 South Bon View Avenue, 0 East Merrill Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: County of San Bernardino; Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Robert Rocha Jr., Voz Church

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.

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.

PRESENTATION

San Bernardino County Transit Authority Measure I Update

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.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

1. APPROVAL OF MINUTES

ATTACHMENT:

20250715 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A

RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (

SOUTH ONTARIO LOGISTICS CENTER SERVICES
) AND TO AUTHORIZE THE

LEVY OF SPECIAL TAXES

ATTACHMENT:

CFD 69 (South Ontario Logistics Center Services) 01 Resolution of Intention RM

ATTACHMENT:

CFD 69 (South Ontario Logistics Center Services) 01 RMA Back Up.pdf

ATTACHMENT:

CFD 69 (South Ontario Logistics Center Services) 01A Boundary Map Back Up.pdf

ATTACHMENT:

CFD 69 (South Ontario Logistics Center Services) 02
Back Up Petition
(GLV Landowner LP).pdf

CONSENT CALENDAR

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a speciﬁc item be removed from the Consent Calendar for a separate vote.

Minutes for the regular meetings of the City Council and Housing Authority of July 15, 2025 and approving same as on file in the Records Management Department.

Bills July 18, 2025 through July 31, 2025, and Payroll June 29, 2025 through July 12, 2025.

That the City Council consider and:

A
.

Accept written petitions (on ﬁle with the Records Management Department) from GLV
Landowner LP and GLV Building 6 LP
("Landowners"), to create a Community Facilities
District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
B
.

Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, October 7, 2025.

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

TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO LOGISTICS CENTER

SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

CFD 69 (South Ontario Logistics Center Services) 02 Back Up Petition (GLV Building 6 LP).pdf

4. A CONSTRUCTION CONTRACT WITH ROY ALLAN SLURRY SEAL, INC. FOR THE FY 2025-26

ANNUAL MAINTENANCE SLURRY SEAL, CAPE SEAL, AND PAVEMENT MANAGEMENT

PROJECT

ATTACHMENT:

03 - Exhibit A_Project Location Map.pdf

ATTACHMENT:

02 - Contract_Draft.pdf

5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES)

ATTACHMENT:

CFD 74 - Remington APG LLC Services ORD RM

6. ADOPTION OF ORDINANCES APPROVING

A NEW CHAPTER REGULATING UNMANNED

AIRCRAFT SYSTEMS (UAS) AND AMENDMENTS TO VARIOUS SECTIONS OF THE ONTARIO

MUNICIPAL CODE RELATED TO PARKING VIOLATIONS, CAMPING AND STORAGE

REGULATIONS, TRESPASSING ENFORCEMENT, AND AIRPORT RULES That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute a construction contract with Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California, for the FY 2025-26 Annual Maintenance Slurry Seal, Cape Seal, and Pavement Management Project in the amount of $1,007,775, plus a 10% contingency of $100,778 for a total not-to-exceed contract amount of $1,108,553; and
B
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and ﬁling a notice of completion at the conclusion of all construction-related activities.

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON

APG LLC SERVICES)
That the City Council adopt
:

A
.

An Ordinance establishing regulations governing the use of Unmanned Aircraft Systems (UAS), commonly known as drones; and
B
.

An Ordinance amending Volume I of the Ontario Municipal Code by:

1 .

Revising the Code to specify that all violations are punishable as misdemeanors—unless CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

Drone Regulations ORD RM

ATTACHMENT:

Amending Penalty and Enforcement Provisions ORD RM

7. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CLEAN ENERGY FOR

MAINTENANCE OF THE COMPRESSED NATURAL GAS FUELING STATION

ATTACHMENT:

2. Clean Energy - Amendment No. 4.pdf

8. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD

ATTACHMENT:

quote 1.pdf

ATTACHMENT:

quote 2.pdf

ATTACHMENT:

quote 3.pdf

ATTACHMENT:

ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT 3.2024.pdf

9. AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION PLAN, CERTIFIED

OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS FOR VARIOUS CITY FUNDS otherwise expressly stated or unless the citing oﬃcer or prosecuting attorney determines that prosecution as an infraction better serves the interests of justice—in order to enhance the safety, health, and general welfare of residents, visitors, and businesses;
2 .

Authorizing any Police Oﬃcer to enforce all provisions of the Municipal Code and to arrest individuals in violation of said provisions; and 3 .

Updating regulations related to camping and the storage of personal property in public areas.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 7 TO VOLUME I OF THE ONTARIO MUNICIPAL CODE BY ADOPTING

REGULATIONS REGARDING THE USE OF UNMANNED AIRCRAFT SYSTEMS COMMONLY KNOWN AS DRONES.

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

THE ONTARIO MUNICIPAL CODE BY REVISING THE PENALTY AND ENFORCEMENT PROVISIONS, AND REVISING THE CAMPING AND STORAGE OF PERSONAL PROPERTY PROVISIONS.

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 4 to the Maintenance Services Agreement with Clean Energy, of Newport Beach, California, for the maintenance of the compressed natural gas (CNG) fueling station in the amount of $150,000 increasing the contract amount from $325,000 to a total not-to-exceed contract amount of $475,000 and extend the agreement for an additional one-year term.

That the City Council authorize the City Manager, or his designee, to approve the purchase and delivery of 14 Ford Police Interceptor Utility Pursuit Vehicles for the Police Department in the amount of $824,000 plus a 10% contingency of $82,400 for a total not-to-exceed amount of $906,400 from PFVT Motors LLC (Peoria Ford), of Peoria, Arizona, consistent with the terms and conditions of the Arizona State Cooperative Contract No. CTR059322-4.

That the City Council award a Professional Services Agreement for Cost Allocation Plan, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

Aptemiz PSA - CAP.pdf

10. UPDATE OF AUTHORIZED AGENT RESOLUTION PERTAINING TO FEDERAL AND/OR STATE

FINANCIAL GRANT ASSISTANCE

ATTACHMENT:

20250819 AUTHORIZED AGENTS RESO RM

ATTACHMENT:

Auth Agents Resol 2025 updated.docx

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

CONFERENCE GENERAL ASSEMBLY MEETING

12. A CONSTRUCTION CONTRACT WITH NORSTAR PLUMBING & ENGINEERING INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP INC., AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE INC.,

FOR THE DOWNTOWN WATER MAIN IMPROVEMENT PROJECT
Certiﬁed OMB Plan, and Internal Service Funds rate plans to Aptemiz, Inc., for a three-year term for an amount not-to-exceed $180,000 with the option to extend the Agreement for two additional one-year terms for $60,000 per ﬁscal year; and authorize the City Manager, or his designee, to execute the Agreement.

That the City Council, by Resolution, rescind Resolution No. 2021-077, authorize certain oﬃcials as the City of Ontario’s (“City”) agents for purposes of applying for and obtaining federal and/or state ﬁnancial grant assistance, authorize said agents to execute Emergency Management and Department of Homeland Security grant agreements and other required documents (“Eligible Grants”), and take any actions necessary to implement such grant agreements and other required documents, eﬀective for three years from adoption of the revised Resolution.

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

PERSONS HOLDING CERTAIN DESIGNATED POSITIONS TO EXECUTE EMERGENCY

MANAGEMENT AND HOMELAND SECURITY GRANT DOCUMENTS FOR AND ON BEHALF OF THE

CITY OF ONTARIO FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL ASSISTANCE AND RESCINDING RESOLUTION NO. 2021- 077.

That the City Council designate Council Member 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 8 through October 10, 2025.

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1066 Downtown Water Main Improvements project to Norstar Plumbing & Engineering Inc., of Alta Loma, California, in the amount of $7,734,413 plus a 15% contingency of $1,160,161 for a total not-to-exceed amount of $8,894,574, a term of 183 calendar days after issuance of notice to proceed, and authorize the City Manager, or designee, to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

Exhibit A.pdf

ATTACHMENT:

20250819 Amendment PSA with Ninyo and Moore 01 AGMT.pdf

ATTACHMENT:

20250819 CC with Norstar AGMT.pdf

ATTACHMENT:

20250819 PSA with Ardurra 01 AGMT.pdf

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STETSON ENGINEERING INC. FOR THE EVALUATION OF AN ADVANCED WATER PURIFICATION

FACILITY ALTERNATIVE SUPPLY PROGRAM PROJECT

ATTACHMENT:

20250805 Amendment to PSA with Stetson 06 AGMT.pdf

14. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR ON-GOING HISTORIC PRESERVATION CONSULTATION

ATTACHMENT:

Amendment No. 8 Proposal.docx

ATTACHMENT:

Amendment_No_8_TSA_Agr_02152021.doc

15. AUTHORIZE THE RENEWAL OF THE CITY'S ESIGNATURE AND ONLINE FORMS PLATFORM, GOVOS, INC.

ATTACHMENT:

GovOS_Ontario, CA Renewal 2025-2026.pdf

16. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA25-001) REVISING AND CLARIFYING

CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE the project.

B
.

Approve and authorize the City Manager, or designee to execute a Professional Services Agreement with Ardurra Group Inc., of Newport Beach, California, for a total not-to- exceed amount of $179,479 for construction engineering services and a term from August 19, 2025 to August 19, 2027.

C
.

Approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with Ninyo & Moore Inc., of San Diego, California, for $141,136 for a total not-to-exceed amount of $291,136 for geotechnical and material testing services and a term from May 2, 2023 to May 2, 2027.

That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement with Stetson Engineering Inc., of Covina, California, for the Evaluation of an Advanced Water Puriﬁcation Facility Alternative Supply Program Project in the amount of $45,000

for a new total not-to-exceed contract
amount of $381,148 and a term from July 19, 2022 to January 1, 2026.

That the City Council authorize the City Manager or his designee to execute Amendment No. 8 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the on-going historic preservation consultation in Downtown Ontario in the amount of $210,000 for a total not-to-exceed contract amount of $1,136,600; and extend the Agreement expiration date to June 30, 2026.

That the City Council authorize the City Manager, or his designee, to execute the renewal with GovOS, Inc., of Austin, TX, for licensing and maintenance, for a total contract not-to-exceed amount of $244,969 for an additional one-year term.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

PDCA25-001 Dev Code Amendment ORD RM

ATTACHMENT:

20250805 PDCA25-001 Dev Code Amendment - Redlline Text.pdf

17. A GOODS AND EQUIPMENT PURCHASE AGREEMENT FOR WATER METERS AND REPAIR

PARTS AND A MAINTENANCE SERVICES AGREEMENT FOR ADVANCED METERING

INFRASTRUCTURE SYSTEMS WITH HYDROPRO SOLUTIONS

ATTACHMENT:

20250819 MSA with HydroPro 02 AGMT.pdf

ATTACHMENT:

20250819 Good and Equipment Purchase with HydroPro 03 AGMT.pdf That the City Council consider and adopt an Ordinance approving File No. PDCA25-001, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA25-001, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 DEFINITIONS AND GLOSSARY OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

That the City Council take the following actions:

A
.

Approve and authorize a Goods and Equipment Purchase Agreement with HydroPro Solutions, of Ontario, California, for new water meters, equipment, and repair parts in the amount $2,900,000 from August 19, 2025 to June 30, 2026, with the option to extend the agreement for up to four (4) successive one (1) year periods for a total not-to-exceed aggregate amount of $16,024,331.

B
.

Approve and authorize a Maintenance Services Agreement with HydroPro Solutions of Ontario, California, for water meter software network preventative maintenance and repairs in the amount of $74,085 from August 19, 2025 to June 30, 2026, with the option to extend the agreement for up to four (4) successive one (1) year periods for a total not- to-exceed amount of $446,138.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) August 19, 2025

ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54957, PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

 GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN:1053-521-01, 1053-521-02, 1053-591-01, 1053-591-02, 1053-601-01, 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01, 1054-301-02; 14389 East Edison Avenue, 7511 East Eucalyptus Avenue, 7388 East Eucalyptus Avenue, 7280 East Eucalyptus Avenue, 7566 East Eucalyptus Avenue, 7634 East Eucalyptus Avenue, 0 East Eucalyptus Avenue, 0 South Bon View Avenue, 0 East Merrill Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: County of San Bernardino; Under negotiation: Price and terms of payment.

No Reportable Action Continue Approved

/ / / / / /

Disposition: _________________________________________________________________

Reported by:

___________________________________________
City Attorney / City Manager / Executive Director
11 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
JULY 15, 2025
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, July 15, 2025 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER

Mayor Leon called the joint meetings to order at 6:00 p.m.

ROLL CALL

PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Porada, and Daisy Macias

ABSENT: Council/Authority Members: None

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST

There were no conflicts of interest reported.

CLOSED SESSION

Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:01 p.m., for discussion of the following:

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario, et al. v. Inland Empire Utilities Agency, Orange County Superior Court Case No. 30-2023-01344236-CU-WM-CJC
City of Ontario, et al. v. Inland Empire Utilities Agency, Los Angeles Superior Court Case No. 24STCP02321
Chino Basin Municipal Water District v. City of Chino, et al., San Bernardino Superior Court Case No. RCVRS 51010
City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No.

CIVSB 2328325

12 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 15, 2025

Page 2 of 20 ends

OPEN MEETING CALLED TO ORDER

Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Macias.

INVOCATION

Invocation was led by Senior Pastor Gresford A. Thomas, Ontario Seventh-day Adventist Church.

REPORT ON CLOSED SESSION

City Attorney Duran announced there was no reportable action.

PUBLIC COMMENT

Assistant City Clerk Isbell announced that there was one written communication:

Adrian Castilleja, regarding street sweeping.

Mayor Leon called upon the first speaker:

Ariana Lomeli, spoke regarding Immigration and Customs Enforcement concerns.

Martha Aragon, spoke regarding Immigration and Customs Enforcement concerns.

Gabriela Rubio, spoke regarding Immigration and Customs Enforcement concerns.

Ron Price, spoke regarding traffic and pedestrian safety.

Loree Masonis, spoke regarding Immigration and Customs Enforcement.

Chrissy Turriciano, spoke regarding traffic and pedestrian safety.

Matthew Munson, spoke regarding Immigration and Customs Enforcement.

Jennifer DesCombes, spoke regarding the right to peaceful protest.

Brad Neumann, spoke regarding his personnel grievance.

Brandy, spoke regarding various topics.

Marty McBride, spoke regarding term limits.

Tommy Mushegain, spoke regarding various topics.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

City Attorney Duran made an announcement regarding Item No. 19, regarding the salary ranges for Executive Management positions. The minimum and maximum monthly rates for the salary ranges associated with Executive Management positions increased by 3%.

Effective July 13, 2025, the Fire Chief continued to be assigned to the salary range “EX9.” The minimum of the EX9 range is $24,953.07, and the maximum is $33,186.40. Effective July 13, 2025, the Police Chief continued to be assigned to the salary range “EX10.” The minimum of the EX10 range is $26,201.07, and the maximum is $34,845.20. The City 13 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 15, 2025

Page 3 of 20 ends

Manager determine s the monthly base salary for the Fire Chief and Police Chief consistent with the approved ranges.

CONSENT CALENDAR

PUBLIC COMMENT

Chris Robles, spoke in opposition to Item No. 16.

Brad Neumann, spoke in opposition to Item No. 16.

Karen May, spoke in favor of Item No. 16.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman and carried by a unanimous 5-0 vote, to approve the consent calendar as presented.

1. BILLS & PAYROLL

Approved bills June 13 , 202 5 through June 26 , 202 5, in the amount of $66,081,994.44, and Payroll June 1, 2025 through June 14, 2025 in the amount of $5,735,578.93.

2. RESOLUTIONS ESTABLISHING THE ANNUAL SPECIAL TAXES WITHIN

COMMUNITY FACILITIES DISTRICTS IN OLD MODEL COLONY AND ONTARIO RANCH FOR FISCAL YEAR 2025-26

The City Council adopted Resolutions establishing the annual special taxes within City of Ontario Community Facilities Districts in Old Model Colony and Ontario Ranch for Fiscal Year 2025-26.

RESOLUTION NO. 2025 -067 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 9 (EDENGLEN), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -068 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO

AIRPORT TOWERS), ESTABLISHING THE ANNUAL SERVICES SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -069 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 13 (CALIFORNIA COMMERCE CENTER - PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -070 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTI NG IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT 14 Ontario City Council/Ontario Housing Authority
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NO. 19 (COUNTRYSIDE PHASE 1 - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -071 A RESOLUTION OF THE CITY COUNCIL OF TH E

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 20 (WAL -

MART), ESTABLISHING THE ANNUAL SERVICES SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -072 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 21 (PARKSIDE), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025- 26.

RESOLUTION NO. 2025 -073 A RESOLUTION OF THE CITY COUNCIL O F THE

CITY OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE

LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 23 (PARK PLACE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 24 (PARK PLACE FACILITIES PHASE 1), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 25 (PARK

PLACE FACILITIES PHASE II), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 26 (PARK

PLACE FACILITIE S PHASE III), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 27 (NEW

HAVEN SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 28 (NEW 15 Ontario City Council/Ontario Housing Authority
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HAVEN FACILITIES - AREA A), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26
RESOLUTION NO. 2025-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 30 (NEW

HAVEN FACILITIES - AREA B), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 31 (CARRIAGE HOU SE/AMBERLY LANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILI TIES DISTRICT NO. 32 (ARCHIBALD/SCHAEFER - SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY O F CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 33 (ARCHIBALD/SCHAEFER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN IT S CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 34 (COUNTRYSIDE PHASE 1 NORTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 37 (PARK &

TURNER NE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 38 (PARK & 16 Ontario City Council/Ontario Housing Authority
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TURNER NE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 39 (NEW

HAVEN FACILITIES - AREA C), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 40 (EMERALD PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS

PARK FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 42 (WEST

HAVEN FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO , CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 43 (PARK

PLACE FACILITIES PHASE IV), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 44 (ESPERANZA SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 45 (NORTHPARK AND COUNTRYSIDE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 46 (AVENUE 17 Ontario City Council/Ontario Housing Authority
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176 FACILITIES), ESTABLISHING THE ANN UAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 47 (COLONY COMMERCE CENTER WEST I SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY F ACILITIES DISTRICT NO. 48 (TEVELDE SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 49 (AVENUE 176 SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LE GISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 50 (WEST

ONTARIO LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, C ALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 51 (ONTARIO RANCH LOGISTICS CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 53 (TEVELDE FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 54 18 Ontario City Council/Ontario Housing Authority
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(ESPERANZA FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DIS TRICT NO. 57 (NEUHOUSE), ESTABLISHING THE ANNUAL SPECIAL TAXES FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 58 (COLONY COMMERCE CENTER EAST SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGI SLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 60 (ONTARIO RANCH BUSINESS PARK SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 61 (MERRILL COMMERCE CENTER SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 62 19 Ontario City Council/Ontario Housing Authority
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(ONTARIO COMMERCE CENTER), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE

AND OLEANDER FACILITIES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH

HAVEN HAVEN INDUSTRIAL SERVICES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGI SLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (IV3

LOMA CREEK LOGISTICS CENTER), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA , ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 73 (WILDFLOWERS ACRES), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 75 20 Ontario City Council/Ontario Housing Authority
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(SPRINGHILL), ESTABLISHING THE ANNUAL SPECIAL TAX FOR FISCAL YEAR 2025-26.

3. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE 2025 FALL PAVEMENT REHABILITATION PROJECT

The City Council authorized the City Manager, or his designee, to execute a construction contract with Onyx Paving Company, Inc., of Anaheim, California, for the 2025 Fall Pavement Rehabilitation Project in the amount of $3,636,000, plus a 10% contingency of $363,600 for a total not -to-exceed contract amount of $3,999,600; and to execute all documents required for the completion of the project, which may include, but are not limited to agreements, assessments, easements, reduction of retention accounts, contracts, amendment s within authorization limits, and filing a notice of completion at the conclusion of all construction -related activities.

4. A PROFESSIONAL SERVICES AGREEMENT WITH WOOD ROGERS, INC. FOR

THE DOWNTOWN EUCLID AVENUE CORRIDOR PROJECT

The City Council authorized the City Manager, or his designee, to execute a Professional Services Agreement with Wood Rodgers, Inc., of San Diego, California, to provide design and professional engineering services for the Downtown Euclid Avenue Corridor Project for a total not-to-exceed contract amount of $6,454,559; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

5. ONTARIO SPORTS EMPIRE FACILITY OPERATING AND MANAGEMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND SPORTS FACILITIES

MANAGEMENT, LLC

The City Council authorized the City Manager, or designee, to execute a ten -year Operating and Management Agreement with Sports Facilities Management, LLC of Clearwater, Florida, for the operations and management of the Ontario Sports Empire; and authorized the extension of the agreement for one ten-year term at the City’s sole discretion.

6. GOOD AND SERVICES AGREEMENT FOR MEDIUM AND HEAVY-DUTY TRUCK

PARTS AND REPAIRS

The City Council authorized the City Manager, or his designee, to execute a three - year Goods and Services Agreement with four fleet companies for the purchase of Medium & Heavy -Duty Truck parts and repair services. In no event shall the proposed agreements with the four companies exceed $3,300,000 over a three-year period. The City may choose to extend each agreement for up to two additional one- year terms in the amount of $1,100,000 per year for all four companies. The total not-to-exceed contract amount shall be $5,500,000.
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7. A GOODS AND SERVICES AGREEMENT WITH LONG BEACH BMW

MOTORCYCLE AS AN AUTHORIZED SUPPLIER FOR POLICE MOTORCYCLE

PARTS AND REPAIR SERVICES

The City Council took the following actions:

A. Authorized Long Beach BMW Motorcycles, of Long Beach, California, as an authorized supplier for current and future purchases of parts and repair services for the Ontario Police Department’s BMW Motorcycles, and B. Authorized the City Manager, or his designee, to execute a Goods and Services Agreement with Long Beach BMW Motorcycles, of Long Beach, California, for a total not-to-exceed contract amount of $225,000 over a three-year term and authorized the option to extend the Agreement f or two additional one -year terms for a total not-to-exceed amount of $375,000.

8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC

ARCHITECTS FOR THE ONTARIO ARENA PLAZA

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 3 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call architectural, space planning, and engineering design services for the Ontario Arena Plaza audio/visual system in the amount of $28,600 for a total not-to-exceed contract amount of $6,704,927, and to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR THE ARCHIBALD SEWER DIVERSION PROJECT

The City Council authorize d the City Manager, or his designee , to execute Amendment No. 9 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, for geotechnical and material testing services for the Archibald Sewer Diversion Project in the amount of $47,679, for a new total revised not -to- exceed amount of $1,738,885, and a term from March 5, 2024, to December 30, 2025.

10. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH TRANSTECH ENGINEERS, INC. FOR ON-CALL PROJECT MANAGEMENT

The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Amendment No. 11 to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, to extend the contract term to June 30, 2027; B. Authorized the City Manager, or his designee, to execute Amendment No. 6 to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, 22 Ontario City Council/Ontario Housing Authority
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California, to provide on -call construction management services for the City Services Building project in the amount of $2,035,800 for a revised total not-to- exceed contract amount of $6,055,300; and
C. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, asses sments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

11. THE RENEWAL OF THE CITY ’S EXISTING TIME CLOCK SOLUTION AND SERVICES WITH ACCU-TIME SYSTEMS, INC.

The City Council authorize d the City Manager, or his designee, to execute a five - year Agreement with Accu -Time Systems, Inc., of Windsor, Connecticut, to renew and extend the use of the City’s time clock solution and services, for a not-to-exceed amount of $218,484.

12. PARTICIPATION IN A COOPERATIVE PURCHASING AGREEMENT WITH

AMAZON FOR MATERIALS AND SUPPLIES

The City Council authorize d the City Manager, or his designee, to approve the purchase of materials and supplies from Amazon Business, of Seattle, Washington, in an amount not -to-exceed approved budgeted amounts consistent with the terms and conditions of the OMNIA Cooperative Contract No. R-TC-17006.

13. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAN/AM TECHNOLOG IES, INC., FOR CENTRALIZED CASHIERING

SOFTWARE AND SUPPORT

The City Council authorize d the City Manager, or his designee, to execute Amendment No. 3 to the Professional Services Agreement with Can/Am Technologies, Inc., of Lakewood, Colorado, for centralized cashiering software and support in the amount of $1,334,456 increasing the not -to-exceed contract amount to $1,905,136 and extend the Agreement term for ten-years.

14. AN AMENDMENT FOR THE PROFESSIONAL SERVICES AGREEMENT WITH SIDEPATH, INC., FOR TECHNICAL SERVICES RELATED TO THE CITY ’S

DATACENTER AND TECHNOLOGY INFRASTRUCTURE

The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Sidepath, Inc., of Laguna Hills, California, for technical services related to the City ’s datacenter and technology infrastructure in the amount of $1 50,000 increasing the not -to-exceed contract amount to $300,000 and extend the Agreement term for an additional three years.
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15. STUDENT REPRESENTATIVE AND ALTERNATE APPOINTMENTS TO THE RECREATION & PARKS COMMISSION FOR FISCAL YEAR 2025-2026

The City Council confirmed Krisha Shah, Ontario resident and student at Colony High School as the Student Representative, and Isabel Bonus, Ontario resident and student at Chaﬀey High School as the second Student Representative to the Recreation & Parks Commission for the term set to expire on June 30, 2026

16. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN -BUILDING CONSTRUCTION

SERVICES FOR THE VINEYARD PARKING STRUCTURE PROJECT

The City Council authorized the City Manager, or h is designee, to execute Change Order No. 1 to the Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, for design-build construction services for the Vineyard Parking Structure in the amount of $28,306,155 plus a cont ingency of $2,830,616 for a revised total not-to-exceed contract amount of $56,126,813; and to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of reten tion accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

17. ACCEPTANCE OF GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC

SAFETY (OTS) SELECTIVE TRAFFIC ENFOR CEMENT PROGRAM (STEP) GRANT FY 2025-26 IN THE AMOUNT OF $550,000

The City Council authorized the City Manager or his designee to execute all documents necessary to accept a 12 -month grant in the amount of $550,000 from the California Office of Traffic Safety (OTS) for participation in the FY 2025 -26 Selective Enforcement (STEP) Grant.

18. ACCEPTANCE OF GRANT FROM THE CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FY 2025-26 FOR THE AMOUNT OF $309,692

The City Council authorize d the City Manager or his designee to execute all documents necessary to accept the 12-month grant in the amount of $309,692 from the California Highway Patrol (CHP) for participation in the FY 2025 -26 Cannabis Tax Fund Grant Program (CTFGP).

19. APPROVAL OF A ONE -YEAR MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ONTARIO AND THE ASSOCIATION OF ONTARIO MANAGEMENT EMPLOYEES; APPROVAL OF AMENDMENTS TO THE

COMPENSATION AND BENEFITS PROFILES FOR CONFIDEN TIAL GROUPS'

EMPLOYEES, DEPARTMENT HEAD EMPLOYEES, AND EXECUTIVE
MANAGEMENT EMPLOYEES; AND ADOPT A RESOLUTION REGARDING

SALARIES FOR APPOINTIVE EXECUTIVE POSITIONS

24 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 15, 2025

Page 14 of 20 ends

The City Council authorized the City Manager (or their designee) to complete the following:

A. Approved and execute d a one -year Memorandum of Understanding (MOU) regarding wages, hours, and other terms and conditions of employment with the Association of Ontario Management Employees (A OME), effective July 1, 2025, through June 30, 2026;
B. Approved and execute d amendments to the Compensation and Benefits Profile for unrepresented Confidential Groups' (Confidential / Specialized Confidential / Confidential Management) employees, effective July 13, 2025; C. Approved and execute d amendments to the Profile for unrepresented Department Head employees, effective July 13, 2025;
D. Approved and execute d amendments to the Profile for unrepresented Executive Management employees, effective July 13, 2025; E. Adopted a Resolution setting salary ranges for appointive positions in the Executive Management employees; and
F. Authorized the City Manager to make non -substantive revisions that may be necessary to implement the MOU and the Profiles.

RESOLUTION NO. 2025 -119 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, TO APPROVE THE SALARY RANGES FOR APPOINTIVE POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.

PUBLIC HEARINGS

20. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2025-26

The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of a ssessments within Ontario Parkway Maintenance Assessment Districts (OPMAD) Nos. 1, 2, 3 and 4 and:

A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagrams and assessments and providing for the assessment levy within Ontario Parkway Maintenance Assessment Districts Nos. 1, 2, & 3; and
C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Ontario Parkway Maintenance Assessment District No. 4.

RESOLUTION NO. 2025 -120 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS

FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -121 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIR MING THE DIAGRAMS AND 25 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – July 15, 2025

Page 15 of 20 ends

ASSESSMENTS, AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -122 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4 FOR FISCAL YEAR 2025-26.

Notice of public hearing was duly given. Affidavits of compliance were on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada and carried by a unanimous 5-0 vote, to adopt Resolution Nos. 2025-120, 2025-121, and 2025-122.

21. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2025-26

The City Council conducted a combined public hearing for the districts and took the following actions pertaining to the levy of assessments within Street Lighting Maintenance Districts (SLMD) Nos. 1 and 2, and:

A. Adopted a Resolution approving the Engineer’s Reports relating to the levy of assessments for each district;
B. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 1; and C. Adopted a Resolution confirming the diagram and assessment and providing for the assessment levy within Street Lighting Maintenance District 2.

RESOLUTION NO. 2025 -123 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE ENGINEER'S REPORTS

FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2 FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -124 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND PROVIDING FOR THE ANNUAL ASSESSMENT LEVY WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025-26.

RESOLUTION NO. 2025 -125 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CONFIRMING THE DIAGRAM AND

ASSESSMENT AND P ROVIDING FOR THE ANNUAL ASSESSMENT LEVY 26 Ontario City Council/Ontario Housing Authority
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WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2025-26.

Notice of public hearing was duly given. Affidavits of compliance were on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada and carried by a unanimous 5-0 vote, to adopt Resolution Nos. 2025-123, 2025-124, and 2025-125.

22. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE

FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES); AND INTRODUCTION OF AN

ORDINANCE LEVYING SPECIAL TAXES

The City Council took the following actions:

A. Adopted a Resolution of Formation of Co mmunity Facilities District No. 74 (Remington APG LLC Services), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district
B. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 74 (Remington APG LLC Services); C. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D. Introduced and waived further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

Notice of public hearing was duly given. Affidavits of compliance were on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, there were no speakers.

RESOLUTION NO. 2025 -126 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES),

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.

RESOLUTION NO. 2025 -127 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF 27 Ontario City Council/Ontario Housing Authority
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Page 17 of 20 ends

ONTARIO COMMUNITY FACILITIES DIS TRICT NO. 74 (REMINGTON APG LLC SERVICES).

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by unanimous 5-0 vote, to adopt Resolution Nos. 2025-126 and 2025-127.

Assistant City Clerk announced that the ballots were in favor of the measure, resulting in all propositions passing.

RESOLUTION NO. 2025 -128 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.

ORDINANCE NO. 3309 (FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES).

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by unanimous 5 -0 vote, to adopt Resolution No. 2025 -128 and introduce Ordinance No. 3309.

23. AN INTRODUCTION OF A NEW CHAPTER REGULATING UNMANNED

AIRCRAFT SYSTEMS (UAS) AND AMENDMENTS TO VARIOUS SECTIONS OF

THE ONTARIO MUNICIPAL CODE RELATED TO PARKING VIOLATIONS,

CAMPING AND STORAGE REGULAT IONS, TRESPASSING ENFORCEMENT,

AND AIRPORT RULES

The City Council introduced and waived further reading of:

A. An Ordinance establishing regulations governing the use of Unmanned Aircraft Systems (UAS), commonly known as drones: and
B. An Ordinance amending Volume I of the Ontario Municipal Code:

1. Revised the Code to specify that all violations are punishable as misdemeanors—unless otherwise expressly stat ed or unless the citing oﬃcer or prosecuting attorney determines that prosecution as an infraction better serves the interests of justice—in order to enhance the safety, health, and general welfare of residents, visitors, and businesses;

2. Authorized any Police Oﬃcer to enforce all provisions of the Municipal Code and to arrest individuals in violation of said provisions; and

3. Updated regulations related to camping and the storage of personal property in public areas.

ORDINANCE N O. 3310 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 7 TO VOLUME I OF THE ONTARIO MUNICIPAL CODE BY ADOPTING

REGULATIONS REGARDING THE USE OF UNMANNED AIRCRAFT SYSTEMS COMMONLY KNOWN AS DRONES.
28 Ontario City Council/Ontario Housing Authority
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ORDINANCE NO. 3311 ( FIRST READING) AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING THE ONTARIO

MUNICIPAL CODE BY REVISING THE PENALTY AND ENFORCEMENT

PROVISIONS, AND REVISING THE CAMPING AND STORAGE OF PERSONAL PROPERTY PROVISIONS.

Notice of public hearing was duly given. Affidavits of compliance were on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hea ring and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by unanimous 5-0 vote, to introduce Ordinance Nos. 3310 and 3311.

24. A PUBLIC HEARING TO RECEIVE AND RESPOND TO PUBLIC COMMENT ON

THE CITY'S WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS

The City Council received and responded to public comment on the 2025 Public Health Goals Report relative to the City’s drinking water.

Notice of public hearing was duly given. Affidavits of compliance were on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Chris Robles, spoke in opposition.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Porada, and carried by unanimous 5-0 vote, to receive and file the item.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

25. QUALIFICATION OF TWO REFERENDUM PETITIONS CHALLENGING TWO

CITY COUNCIL ORDINANCES APPROVING A DEVELOPMENT AGREEMENT AND THE EMPIRE GROVES SPECIFIC PLAN TO DEVELOP A 600 -ROOM HOTEL AND OTHER COMMERCIAL USES ON A 10.43 ACRE SITE LOCATED IN

THE CITY OF ONTARIO

The City Council received, fil ed, and accepted the certificate(s) of suﬃciency of referendum petition signatures as valid in all respects; and submitted the Ordinances to Ontario voters at a special election date, June 2, 2026. 29 Ontario City Council/Ontario Housing Authority
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Page 19 of 20 ends

RESOLUTION NO. 2025 -129 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE SUBMISSION

TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO, AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT TO DEVELOP A 600 -ROOM HOTEL ON A 10.43 ACRE SITE LOCATED IN THE CITY OF ONTARIO;

REQUESTING THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION OF EVEN DATE; AND

SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE ORDINANCE.

RESOLUTION NO. 2025 -130 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE SUBMISSION

TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO, AN ORDINANCE APPROVING THE EMPIRE GROVES SPECIFIC PLAN TO DEVELOP A 600-ROOM HOTEL AND OTHER COMMERCIAL USES ON A 10.43 ACRE SITE LOCATED IN THE CITY OF ONTARIO; REQUESTING THE COUNTY OF SAN BERNARDINO TO

CONSOLIDATE SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE ORDINANCE.

Mayor Leon opened the item for discussion and inquired if anyone was interested in speaking to the item.

Andrew Seymour, spoke in opposition.

Chris Robles, spoke in opposition.

Eric Honanie, spoke in opposition.

Chrissy Turriciano, spoke in opposition.

Karen May, spoke in opposition.

MOTION: Moved by Council Member Porada, seconded by Council Member Bowman, and carried by unanimous 5-0 vote, to adopt Resolution Nos. 2025-129 and 2025-130.

STAFF MATTERS

City Manager Ochoa made no announcements.

COUNCIL MATTERS

Council Member Porada announced upcoming events.

Mayor pro Tem Wapner spoke regarding antisemitism.

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Council Member Bowman made no comments.

Council Member Macias made no comments.

Mayor Leon announced the Wednesday night concert in the park.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 7:47 p.m., and announced the next regular meeting was scheduled for August 5, 2025.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
31 Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Matthew Hernandez, Claudia
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT;

ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (

SOUTH ONTARIO LOGISTICS CENTER

SERVICES
) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

Mello-Roos ﬁnancing in the South Ontario Logistics Center development is projected to generate approximately $85,114 per year, at build-out, to fund administrative fees and municipal services. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to ﬁnance municipal services. 32 Municipal services that may be funded by a community facilities district include: police protection services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads, open space, ﬂood and storm drain protection services, maintenance and operation of ﬁber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or tangible property with an estimated useful life of ﬁve or more years that is owned by the governmental entity. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to ﬁnance municipal services are to adopt a Resolution declaring the intention to establish a community facilities district and authorize the levy of special tax.

GLV Landowner LP and GLV Building 6 LP
have provided written petitions to the City requesting the formation of a community facilities district, along with a deposit pursuant to a Deposit Agreement dated June 1, 2023, for the South Ontario Logistics Center Services project. The project will be an industrial development of approximately 147.59 gross acres located south of Eucalyptus Avenue, north of Merrill Avenue, west of Grove Avenue, and east of Bon View Avenue. As proposed, the project is anticipated to include ﬁve industrial buildings totaling approximately 340,313 square feet at build-out.

Included, as part of the Resolution of Intention, is the proposed Rate and Method of Apportionment of Special Tax for the district. The term and structure of the Rate and Method of Apportionment of Special Tax for the South Ontario Logistics Center Services portion is consistent with the City Council's adopted Mello-Roos local goals and policies.

City Staﬀ have discussed the proposed Rate and Method of Apportionment of Special Tax with the landowners. As proposed, the Resolution of Intention to establish the district and to levy special taxes will set a public hearing date on the formation of the community facilities district for the regularly scheduled City Council meeting on Tuesday, October 7, 2025. 33 RESOLUTION NO. ____

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

CALIFORNIA, OF INTEN TION TO ESTABLISH A COMMUNITY

FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 69 (SOUTH ONTARIO

LOGISTICS CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF

A SPECIAL TAX THEREIN

WHEREAS, Section 53318 of the Mello -Roos Community Facilities Act of 1982 (the “Act”) provides that proceedings for the establishment of a community facilities district shall be instituted by a legislative body of a local agency when a petition requesting the institution of the proceedings signed by the owners of not less than 10% of the area of land proposed to be included within the community facilities district and not proposed to be exempt fr om the special tax, describing the boundaries of the territory that is proposed for inclusion in the area and specifying the type or types of services to be financed by the community facilities district is filed with the clerk of the legislative body; and

WHEREAS, Section 53318 of the Act further provides that such a petition may not be acted upon until the payment of a fee in an amount that the legislative body determines, within 45 days of receiving such petition, is sufficient to compensate the legislative body for all costs incurred in conducting proceedings to create a community facilities district pursuant to the Act; and

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has received from each of GLV Landowner LP (“GLV Landowner”) and GLV Building 6 LP (collectively, the “Landowners”) a written petition ( together, the “Petition s”), requesting the City Council to institute proceedings pursuant to the Act to establish a community facilities district (the “Community Facil ities District”) and to authorize the Community Facilities District to levy a special tax within the Community Facilities District, describing the boundaries of the territory that is proposed for inclusion in the Community Facilities District and specifyin g the types of services to be financed by the Community Facilities District; and

WHEREAS, in connection with such request to institute proceedings to establish the Community Facilities District, GLV Landowner paid a fee in an amount that the City Council has determined is sufficient to compensate the City Council for all cost incurred in conducting proceedings to create the Community Facilities District pursuant to the Act; and

WHEREAS, the Landowners have represented and warranted to the City Council that the Landowner s are the owner s of 100% of the area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the special tax;

34 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct , and the City Council so finds and determines.

SECTION 2. The City Council hereby finds that the Petition s are signed by the landowners owning the requisite area of land proposed to be included within the Community Facilities District and not proposed to be exempt from the Special Tax.

SECTION 3. The City Council proposes to establish the Community Facilities District under the terms of the Act. The boundaries of the territory proposed for inclusion in the Community Faciliti es District are described in the map showing the proposed Community Facilities District (the “Boundary Map”) on file in the office of the City Clerk of the City (the “City Clerk”), a copy of which is attached hereto as Exhibit A, which boundaries are hereb y preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to sign the original Boundary Map and record, or cause to be recorded, the Boundary Map with all proper endorsements thereon in th e office of the San Bernardino County Recorder within 15 days of the date of adoption of this Resolution, all as required by Section 3111 of the California Streets and Highways Code.

SECTION 4. The name proposed for the Community Facilities District is “City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services).”

SECTION 5. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit B hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit B hereto. No facilities are proposed to be financed by the Community Facilities District.

SECTION 6. The City Council proposes that, e xcept where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “ Special Tax ”) sufficient to pay for all Services, secured by recordation of a continuing lien agains t all nonexempt real property in the Community Facilities District. The rate , method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit C , which is by this reference incorporated herein. The obligation to pay the Special Tax may not be prepaid and permanently satisfied. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the Community Facilities District is created. The Services may not supplant 35 services already available within that territory when the Community Facilities District is created.

SECTION 8. The City Council hereby fixes Tuesday, October 7 , 2025 , at 6:30 p.m., or as soon thereafter as the City Council may reach the matter, at 303 East B Street, Ontario, California, as the time and place when and where the City Council will conduct a public hearing on the establishment of the Community Facilities District ; provided, that, in the event the October 7 , 2025 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearing and offer public comment shall be prescribed in the notice and agenda for such City Council meeting.

SECTION 9. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of the proposed Community Facilities District. Publication of said notice shall be completed at least seven days prior to the date herein fix ed for said public hearing. Said notice shall contain all of the information prescribed by Section 53322 of the Act.

SECTION 10. The authorization to levy the Special Tax shall be submitted to the qualified electors of the Community Facilities District at a special e lection. The proposed voting procedure shall be a vote by the landowners in the Community Facilities District conducted by mail or hand -delivered ballots, with each owner having one vote for each acre or portion of an acre such owner owns in the Community Facilities District.

SECTION 11. Each officer of the City who is or will be responsible for providing one or more of the proposed types of Services is hereby directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the Services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing the Services. Such officers are hereby also directed to estimate the fair and reasonable cost of the incidental expenses proposed to be paid. Such report shall be made a part of the record of said public hearing.

SECTION 12. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 13. The officers, e mployees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 14. This Resolution shall take effect immediately upon its adoption.

36 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

37 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held August 19, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of R esolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held August 19, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

38 EXHIBIT A

BOUNDARY MAP

39 EXHIBIT B

SERVICES AND INCIDENTAL EXPENSES

Services
The types of City services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services , maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other t angible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the costs associated with the creation of the Community Facilities District, determ ination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District.

40 EXHIBIT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

41 City of Ontario CFD No. 69 1 May 14, 2025

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 69
(SOUTH ONTARIO LOGISTICS CENTER SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A Special Tax shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services) (“CFD No. 69”) and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below.

All of the real property in CFD No. 69, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS

The terms as may hereinafter be set forth have the following meanings:

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 of Part 1 of Division 2 of Title 5 of the California Government Code.

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 69: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 69 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special T ax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 69 related to an appeal of the Special Tax; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead related to CFD No. 69; and amounts estimated or advanced by the City or CFD No. 69 for any other administrative purposes of CFD No. 69, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification.

“CFD Administrator” means an official of the City responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Tax, and performing the other duties provided for herein.
42 City of Ontario CFD No. 69 2 May 14, 2025

“CFD No. 69” means City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services).

“City” means the City of Ontario, California.

“City Council” means the City Council of the City, acting as the legislative body of CFD No. 69.

“County” means the County of San Bernardino.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Gated Community Attached Dwelling Unit” means a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets.

“Land Use Class” means any of the classes listed in Table 1 below.

“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 6 9 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.

“Maximum Special Tax” means, with respect to an Assessor’s Parcel of Taxable Property, the maximum Special Tax determined in accordance with Section C below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property.

“Multiple Family Dwelling Unit” means a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.

“Non-Residential” means any buildings that are for commercial lodging use, commercial retail use, institutional use (e.g., churches, private schools), commercial restaurant use, office use, or industrial use.

“Non-Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2024, and before May 1 of the prior Fiscal Year, for a Non-Residential use.

“Property Owner Association Property” means, for each Fiscal Year, property within the boundaries of CFD No. 69 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year.

43 City of Ontario CFD No. 69 3 May 14, 2025
“Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property.

“Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 69 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right- of-way that makes impractical its use for any purpose other than that set forth in such easement, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.

“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.

“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2024, and before May 1 of the prior Fiscal Year.

“Services” means the services authorized to be financed, in whole or in part, by CFD No. 69, including: police protection services; fire protection and suppression services; ambulance and paramedic services; maintenance and lighting of parks, parkways, streets, roads, and open space; flood and storm protection services; maintenance and operation of fiber optic telecommunication, wireless communication, and public safety camera systems; and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

“Single Family Detached Dwelling Unit” means any residential building containing only one Unit on one legal lot, including single family residences and single family detached residential condominium units.

“Special Tax” means the special tax authorized by the qualified electors of CFD No. 69 to be levied within the boundaries of CFD No. 69.

“Special Tax Requirement” means the amount necessary in any Fiscal Year to pay the cost of the Services, Administrative Expenses, and an amount equal to Special Tax delinquencies based on the historical delinquency rate for Special Taxes, as determined by the CFD Administrator.

“Square Footage” or “Sq. Ft.” means, with respect to a building of Non -Residential Property, the gross floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropri ate means selected by CFD No. 69, for such building, plus any square footage subsequently added to a building of Non -Residential Property after issuance of a building permit for expansion or renovation of such building.

“State” means the State of California.

44 City of Ontario CFD No. 69 4 May 14, 2025
“Taxable Property” means, for each Fiscal Year, all Assessor’s Parcels of Residential Property and Non-Residential Property within the boundaries of CFD No. 69 which are not exempt from the Special Tax pursuant to law or Section E below.

“Unit” means an individual single -family detached or attached home, townhome, condominium, apartment unit, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year, beginning with Fiscal Year 2025-26, all Taxable Property within CFD No. 69 shall be classified as Residential Property (Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit) or Non - Residential Property and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

The Maximum Special Tax for each Assessor’s Parcel classified as Taxable Property shall be determined by reference to Table 1 below.

T
ABLE 1

MAXIMUM SPECIAL TAX

Land Use Class Maximum Special Tax
Fiscal Year 2025-26
Residential Property:

Single Family Detached Dwelling Unit $1,426.38 per Unit Multiple Family Dwelling Unit $1,236.46 per Unit
Gated Community Attached Dwelling Unit $1,036.38 per Unit Non-Residential Property $0.260110 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2026, the Maximum Special Tax to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

In some instances an Assessor’s Parcel of Taxable Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax for all Units of Residential Property and Square Footage of Non- Residential Property (based on the applicable building permits, final subdivision map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. 45 City of Ontario CFD No. 69 5 May 14, 2025
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 20 25-26, the CFD Administrator shall determine the Special Tax Requirement. The Special Tax shall then be levied Proportionately on each Assessor’s Parcel of Taxable Property up to 100% of the applicable Maximum Special Tax for such Assessor’s Parcel , until the Special Tax Requirement is satisfied. However, the Special Tax levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax levied in the prior Fiscal Year.

E. EXEMPTIONS
Notwithstanding anything in this Rate and Method of Apportionment to the contrary, no Special Tax shall be levied on Public Property or Property Owner Association Property.

No Special Tax shall be levied on Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordance with this Rate and Method of Apportionment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS

Any property owner may file a written appeal of the Special Tax with CFD No. 69 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council, whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

46 City of Ontario CFD No. 69 6 May 14, 2025
G. MANNER OF COLLECTION

The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners.

H. TERM OF SPECIAL TAX

The Special Tax shall continue to be levied indefinitely on an annual basis on all Taxable Property in CFD No. 69.

47 48
4129-1385-9670.2

PETITION

TO CREATE A

COMMUNITY FACILITIES DISTRICT
City Council
City of Ontario
303 East B Street
Ontario, California 91764
Members of the City Council:

This is a petition requesting the institution of proceedings for the establishment of a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), and the undersigned hereby states as follows:

1. Landowner; Property. This Petition is submitted by GLV Landowner LP (the “Landowner”), as the legal owner of 100% of the real property described in Exhibit A attached hereto and made a part hereof (the “Property”). All of the Property is proposed to be included within the community facilities district that the Landowner is, pursuant to paragraph 2 hereof, requesting the City Council (the “City Council”) of the City of Ontario (the “City”) to establish.

The Property consists of approximately 101.73 acres not proposed to be exempt from the special tax proposed to be levied within such community facilities district and comprises approximately

68.9% of the area of land proposed to be included within such community facilities district and not proposed to be exempt from such special tax.

2. Proceedings Requested. The Landowner hereby requests that the City Council institute proceedings pursuant to the Act (a) to establish a community facilities district to be named “City of Ontario Community Facilities District No. 69 (South Ontario Logistics Center Services)” (the “Community Facilities District”), (b) to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District, and (c) to establish an appropriations limit of the Community Facilities District.

3. Boundaries of Community Facilities District. The boundaries of the territory that is proposed for inclusion in the Community Facilities District are described in Exhibit B attached hereto and made a part hereof. Such territory consists of approximately 147.59 acres not proposed to be exempt from the Special Tax.

4. Types of Services. The types of services to be financed by the Community Facilities District are described in Exhibit C attached hereto and made a part hereof.

5. Elections. The Landowner hereby requests that the special elections to be held pursuant to the Act to authorize the Community Facilities District to levy the Special Tax and to establish an appropriations limit of the Community Facilities District be consolidated into a single election, that the propositions to authorize the Community Facilities District to levy the Special Tax and to establish an appropriations limit of the Community Facilities District be 49 2
4129-1385-9670.2
combined into one ballot proposition, that the election be conducted by the City and its officials using mailed or hand-delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the City Council as the public hearing under the Act on the establishment of the Community Facilities District, or as soon thereafter as possible.

6. Waiver. To expedite the completion of such proceedings with respect to the Community Facilities District, the Landowner hereby consents to the waiver of, and hereby waives, all time limits and all requirements pertaining to the conduct of the election specified in the Act, all notices with respect thereto (other than published notices required under the Act), all voter qualification requirements, all requirements as to the form or content of election materials, all voting procedures (other than the right to vote), all canvass, recount and tie vote procedures, all requirements that there be prepared and included in the ballot material provided to each voter an impartial analysis and arguments and rebuttals, if any, and all requirements as to the form and content of the ballot for the election, including any requirement that the ballot include the type or amount or rate of the Special Tax, the duration of the Special Tax, the use of the revenue derived from the Special Tax or the amount of money to be raised annually from the Special Tax.

7. Deposit. The Landowner has previously submitted, or caused to be submitted (a) a check in, or checks totaling, the amount of $50,000, which constitutes the deposit required by the City to be used to compensate the City Council and the City for all costs incurred in conducting proceedings to establish the Community Facilities District, and (b) a duly executed Deposit Agreement, dated as of June 1, 2023 (the “Deposit Agreement”), by and between the City and the Landowner, relating to the Community Facilities District.

8. Representations and Warranties. The Landowner hereby represents and warrants to the City that (a) the Landowner is, as of the date of this Petition, the legal owner of the fee interest in the Property, and that no other person or entity is the legal owner of all or any portion of the fee interest in such Property, (b) the Landowner has the power and authority to execute and deliver this Petition and the Deposit Agreement, and has taken all action necessary to cause this Petition and the Deposit Agreement to be executed and delivered on its behalf, and (c) this Petition and the Deposit Agreement have been duly and validly executed and delivered on behalf of the Landowner.
50 51
A-1

EXHIBIT A

DESCRIPTION OF PROPERTY
The Property consists of the following San Bernardino County Assessor Parcel Numbers:
1054-071-04
1054-081-05
1054-081-06
1054-081-07
1054-311-03
1054-311-04
1054-321-03
1054-321-04
52 B-1

EXHIBIT B

BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of the territory which is proposed for inclusion in the Community Facilities District are depicted in the attached map. Such territory consists of the following San Bernardino County Assessor Parcel Numbers:
1054-071-03
1054-071-04
1054-081-04
1054-081-05
1054-081-06
1054-081-07
1054-091-03
1054-091-04
1054-101-03
1054-311-03
1054-311-04
1054-321-03
1054-321-04
53 54
C-1

EXHIBIT C

TYPES OF SERVICES
The types of City services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.
55 4127-2137-0205.1

PETITION

TO CREATE A

COMMUNITY FACILITIES DISTRICT
City Council
City of Ontario
303 East B Street
Ontario, California 91764
Members of the City Council:

1. Landowner; Property. This Petition is submitted by GLV Building 6 LP (the “Landowner”), as the legal owner of 100% of the real property described in Exhibit A attached hereto and made a part hereof (the “Property”). All of the Property is proposed to be included within the community facilities district that the Landowner is, pursuant to paragraph 2 hereof, requesting the City Council (the “City Council”) of the City of Ontario (the “City”) to establish.

The Property consists of approximately 45.86 acres not proposed to be exempt from the special tax proposed to be levied within such community facilities district and comprises approximately

31.1% of the area of land proposed to be included within such community facilities district and not proposed to be exempt from such special tax.

4. Types of Services. The types of services to be financed by the Community Facilities District are described in Exhibit C attached hereto and made a part hereof.

5. Elections. The Landowner hereby requests that the special elections to be held pursuant to the Act to authorize the Community Facilities District to levy the Special Tax and to establish an appropriations limit of the Community Facilities District be consolidated into a single election, that the propositions to authorize the Community Facilities District to levy the Special Tax and to establish an appropriations limit of the Community Facilities District be 56 2
4127-2137-0205.1
combined into one ballot proposition, that the election be conducted by the City and its officials using mailed or hand-delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the City Council as the public hearing under the Act on the establishment of the Community Facilities District, or as soon thereafter as possible.

7. Deposit. GLV Landowner LP (“GLV Landowner”) has previously submitted, or caused to be submitted (a) a check in, or checks totaling, the amount of $50,000, which constitutes the deposit required by the City to be used to compensate the City Council and the City for all costs incurred in conducting proceedings to establish the Community Facilities District, and (b) a duly executed Deposit Agreement, dated as of June 1, 2023 (the “Deposit Agreement”), by and between the City and GLV Landowner, relating to the Community Facilities District.

8. Representations and Warranties. The Landowner hereby represents and warrants to the City that (a) the Landowner is, as of the date of this Petition, the legal owner of the fee interest in the Property, and that no other person or entity is the legal owner of all or any portion of the fee interest in such Property, (b) the Landowner has the power and authority to execute and deliver this Petition, and has taken all action necessary to cause this Petition to be executed and delivered on its behalf, and (c) this Petition has been duly and validly executed and delivered on behalf of the Landowner.
57 58
A-1

EXHIBIT A

DESCRIPTION OF PROPERTY
The Property consists of the following San Bernardino County Assessor Parcel Numbers:
1054-071-03
1054-081-04
1054-091-03
1054-091-04
1054-101-03
59 B-1

EXHIBIT B

EXHIBIT C

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

A CONSTRUCTION CONTRACT WITH ROY ALLAN SLURRY SEAL, INC. FOR THE FY 2025-26 ANNUAL MAINTENANCE SLURRY SEAL, CAPE SEAL, AND PAVEMENT

MANAGEMENT PROJECT

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Authorize the City Manager, or his designee, to execute all documents required for the completion of the project which may include, but is not limited to, agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction-related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed construction contract with Roy Allan Slurry Seal, Inc. is in the amount of $1,007,775 plus a 10% contingency of $100,778 for a total not-to-exceed contract amount of $1,108,553. The FY 2025-26 Adopted Budget includes appropriations in M easure
I, Road
Maintenance and Rehabilitation Account (RMRA-SB1), Gas Tax, and CalRecycle Rubberized Pavement Grant Program Funds for the construction of the FY 2025-26 Annual Maintenance Slurry Seal, Cape Seal, and Pavement Management Project.

BACKGROUND & ANALYSIS:

The FY 2025-26 Annual Maintenance Slurry Seal, Cape Seal, and Pavement Management Project is located along various streets throughout the northern sector of 63 the City. A project location map is provided for reference as Exhibit A.

The general scope of work to be performed under this construction contract consists of, but is not limited to, slurry seal application, cape seal application, signage installation, construction of curb ramps, removal and replacement of asphalt concrete, and other paving-related tasks. This project will extend the lifespan of the streets by ten (10) years and will prevent more costly future repairs.

In May 2025, the City solicited bids for Bid No. 1913 and ﬁve (5) bids were received. The following is a summary of the bid results:

COMPANY

LOCATION
AMOUNT
Roy Allan Slurry Seal, Inc.

Santa Fe Springs, CA
$1,007,775
Union Pavement Services, Inc.

Jurupa Valley, CA
$1,024,311
Pavement Coatings Co.

Jurupa Valley, CA
$1,029,625
All American Asphalt
Corona, CA
$1,056,765
Manhole Adjusting, Inc.

Pico Rivera, CA
$1,089,521

Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California is the apparent lowest responsible and responsive bidder with a base cost of $1,007,775. Based on the credentials and favorable reference checks, Staﬀ recommends awarding a construction contract to Roy Allan Slurry Seal, Inc. for the FY
2025-26 Annual Maintenance Slurry Seal, Cape Seal, and Pavement Management Project.

ENVIRONMENTAL REVIEW:

The
environmental impacts of this project were reviewed and Staﬀ determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 64 65

SECTION 00500

CONTRACT
THIS CONTRACT is entered as of ____________ , in the County of San Bernardino, State of California, by and between the City of Ontario, hereinafter called City, and Roy Allan Slurry Seal, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Docu ments as specified in Article 5 below for the following Project:

FY2025-26 Annual Maintenance Slurry Seal, Cape Seal and Pavement Management Project (ST2601)
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed.

The Contractor shall complete all Work required by the Contract Documents within Seventy-Five (75) working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Seven Thousand Seven Hundred Seventy-Four Dollars and Four Cents ($1,007,774.04), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, as provided in Government Code section 53069.85, it is agreed that PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
66 the Contractor will pay the City the sum of Four Thousand Two Hundred Dollars ($4,200) for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Co ntractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicable) • General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), Latest Edition, except Sections 1-9
• Technical Specifications
67 • Addenda (If Applicable)
• Exhibits and Drawings
• Approved and fully executed Change Orders
• Applicable Local Agency Standards and Specifications, as last revised • Federal Requirements (If Applicable)
• Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and reg ulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

If the Work involves federal funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Federal Requirements.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk’s office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

68 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

ROY ALLAN SLURRY SEAL, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT

69 Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

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

LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 74 (REMINGTON APG LLC SERVICES)

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 74 (Remington APG LLC Services).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

The use of Mello-Roos ﬁnancing in the Remington Industrial development is projected to generate approximately $50,021 per year, at build-out, to fund administrative fees and municipal services.

City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS:

The Mello-Roos Community Facilities Act of 1982 (the Act) provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to ﬁnance municipal services. Municipal services that may be funded by a community facilities district include: police protection services, ﬁre protection and suppression services, ambulance and paramedic services, maintenance and lighting or parks, parkways, streets, roads and open space, ﬂood and storm protection services, maintenance and operation of ﬁber optic telecommunications, wireless communication and public safety camera systems and maintenance and operation of any real property of other tangible property with an estimated useful life of ﬁve or more years that is owned by the City.

At a public hearing conducted by the City Council on July 15, 2025, the City Council adopted a Resolution of Formation of Community Facilities District No. 74 (Remington APG LLC Services); 70 authorized the levy of a special tax and an appropriations limit of the community facilities district; and called a special election for the Community Facilities District. On that date, an election was held in which the qualiﬁed electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act. Adoption of the proposed Ordinance to authorize the levy of special taxes within the Community Facilities District will conclude the formation process for the City of Ontario Community Facilities District No. 74 (Remington APG LLC Services). At build out, the project is expected to include three industrial buildings totaling approximately 200,000 square feet.

71 ORDINANCE NO. ________

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DIS TRICT NO. 74 (REMINGTON APG LL C

SERVICES)

WHEREAS, on June 3, 2025 , the City Council (the “ City Council”) of the City of Ontario (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Com munity Facilities District Proposed to be Named City of Ontario Community Facilities District No. 74 (Remington APG LLC Services) and to Authorize the Levy of a Special Tax Therein” stating its intention to establish City of Ontario Community Facilities Di strict No. 74 (Remington APG LLC Services) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain services (the “Services”); and

WHEREAS, on July 15, 2025 , the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and

WHEREAS, subsequent to the close of said hearing, the City Counci l adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 74 (Remington APG LLC Services), Proposing that the Community Facilities District be Auth orized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established ” (the “Resolution of Formation”) and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 74 (Remington APG LLC Services),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Commun ity Facilities District , proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and

WHEREAS, on July 15, 2025 , an election was held in which the qualified electors of the Community Facilitie s District approved said proposition by more than the two-thirds vote required by the Act; and

WHEREAS, the City Council is the legislative body of the Community Facilities District;

72 THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall b e collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other man ner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Cler k shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
73 PASSED, APPROVED, AND ADOPTED this 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

74 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of O ntario held July 15, 2025 and adopted at the regular meeting held August 19, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held August 19, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
75 Department: Police Department
Prepared By: Melissa
Sowizdrzal-Morgan
Staff Member Presenting: Mike Lorenz, Chief of
Police
Reviewed By: Lizceth Zazueta
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

ADOPTION OF ORDINANCES APPROVING

A NEW CHAPTER REGULATING

UNMANNED AIRCRAFT SYSTEMS (UAS) AND AMENDMENTS TO VARIOUS

SECTIONS OF THE ONTARIO MUNICIPAL CODE RELATED TO PARKING

VIOLATIONS, CAMPING AND STORAGE REGULATIONS, TRESPASSING

ENFORCEMENT, AND AIRPORT RULES

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt
:

A
.

An Ordinance establishing regulations governing the use of Unmanned Aircraft Systems (UAS), commonly known as drones; and
B
.

An Ordinance amending Volume I of the Ontario Municipal Code by:

1 .

Revising the Code to specify that all violations are punishable as misdemeanors—unless otherwise expressly stated or unless the citing oﬃcer or prosecuting attorney determines that prosecution as an infraction better serves the interests of justice—in order to enhance the safety, health, and general welfare of residents, visitors, and businesses; 2 .

Authorizing any Police Oﬃcer to enforce all provisions of the Municipal Code and to arrest individuals in violation of said provisions; and
3 .

Updating regulations related to camping and the storage of personal property in public areas.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

On June 24, 2025, the City of Ontario published a notice in the Daily Bulletin announcing a public hearing to consider the introduction of a new chapter regulating Unmanned Aircraft Systems (UAS), as well as amendments to various sections of the Ontario Municipal Code pertaining to parking violations, camping and storage regulations, trespassing enforcement, and airport rules. Given the signiﬁcance of introducing a new ordinance related to 76 UAS operations, it is in the City’s best interest to present two separate ordinances: one focused solely on the adoption of the drone ordinance and another encompassing the remaining Municipal Code amendments. This approach promotes transparency and ensures the public has a clear understanding of each proposed legislative action.

Drone Regulations
• The United States Congress has provided the Federal Aviation Administration (“FAA”) with exclusive authority to regulate the areas of airspace use, aviation safety, the eﬃciency of the navigable airspace, and air traﬃc control. The FAA has provided guidance acknowledging that laws traditionally related to state and local police power (including land use, zoning, privacy, and law enforcement operations) generally are not subject to Federal regulation, and this includes determination of the location of drone landing sites through use powers of the City’s land use powers.
• The operation of Drones can at times pose a hazard to full-scale aircraft in ﬂight and to persons and property on the ground and interfere with active law enforcement, ﬁreﬁghting, or emergency response incidents. Imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the operation of Drones consistent with Federal law and regulations is necessary to mitigate such risks, and to protect the Public from the hazards associated with the operation of such Drones.
• Adopting a Drone Regulation enhances the City’s ability to address public nuisances and unauthorized activity; clariﬁes responsibilities and processes for both City staﬀ and the Public; and responds to modern challenges such as Drone use and property encroachment.

Penalty and Enforcement Provisions
• The City is committed to ensuring the Safety of the Public by establishing penalties for violations under the Code and empowering a Police Oﬃcer to enforce such penalties and provisions when necessary.
• Code violations are currently classiﬁed as infractions unless otherwise speciﬁed. The proposed change will designate all violations as misdemeanors, unless the citing oﬃcer or prosecuting attorney determines prosecution as an infraction is more appropriate; or a diﬀerent penalty is explicitly stated within the Code.

Camping and Storage of Personal Property Provisions
• The City is committed to regulating camping and the storage of personal property on private and public property in order to ensure the Safety of the Public. • The City currently regulates camping and storage of personal property under Chapter 23 of the Code, which was most recently amended in 2010.
• The City’s current regulations require amendment to clarify when and where a person may camp or store personal property on private or public property within the City, and to assist law enforcement in enforcing these regulations.

Staff recommends that the City Council:

A. Adopt an Ordinance regulating the use of Unmanned Aircraft Systems (UAS), commonly known as drones;
B. Adopt an Ordinance amending the Municipal Code to:
(1) designate all violations as misdemeanors unless otherwise determined by the citing oﬃcial or 77 prosecutor, or where otherwise specified;
(2) authorize Police Officers to enforce Code provisions and arrest violators; and (3) clarify regulations related to camping and storage of personal property on public and private property.

If approved, the proposed changes improve consistency and enforceability of the Code; enhances tools for addressing public nuisances and unauthorized activity; and clariﬁes responsibilities and processes for both City Staff and the Public.
78 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 7 TO VOLUME I OF

THE ONTARIO MUNICIPAL CODE BY ADOPTING REGULATIONS

REGARDING THE USE OF UNMANNED AIRCRAFT SYSTEMS

COMMONLY KNOWN AS DRONES

WHEREAS, the City of Ontario (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanit ary, and other ordinances and regulations not in conflict with general law under its general police powers; and

WHEREAS, the City is committed to ensuring the safety, health, and general welfare (“Safety”) of all of its residents, visitors, and businesses (“Public”); and

WHEREAS, the City acknowledges that the United States Congress has provided the Federal Aviation Administration (“FAA”) with exclusive authority to regulate the areas of airspace use, aviation safety, the efficiency of the navigable air space, and air traffic control; and

WHEREAS, the FAA has provided guidance acknowledging that laws traditionally related to state and local police power ( including land use, zoning, privacy, a nd law enforcement operations) generally are not subject to Federal regulation, and this includes determination of the location of drone landing sites through use powers of the City’s land use powers; and

WHEREAS, the operation of an unmanned aircraft system commonly known as a drone (“Drone”) can at times pose a hazard to full -scale aircraft in flight and to per sons and property on the ground and interfere with active law enforcement, firefighting, or emergency response incidents; and

WHEREAS, imposing community-based safety requirements on the operation of model aircraft and imposing restrictions on the ope ration of Drones consistent with Federal law and regulations is necessary to mitigate such risks, and to protect the Public from the hazards associated with the operation of such Drones.

WHEREAS, the City Council desires to amend Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) to Volume I of the Municipal Code (“Code”) regarding the use of Drones.

NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.
79 SECTION 2. Amendment to Code. Chapter 1 (Airport Rules and Regulations) to Title 7 (Public Works) of the Code is amended by adding Article 10 (Drone Regulations) to read as follows:

Article 10. Drone Regulations

Sec. 7-1.1001 Purpose and Intent
Sec. 7-1.1002 Definitions
Sec. 7-1.1003 Operating Requirements and Restrictions
Sec. 7-1.1004 Protected Sites
Sec. 7-1.1005 Exemptions
Sec. 7-1.1006 Commercial Operations
Sec. 7-1.1007 Permit Requirements
Sec. 7-1.1008 Enforcement

Sec. 7-1.1001 Purpose and Intent

The purpose of this regulation is to effectively regulate an unmanned aircraft system or drone (collectively, “Drone”) within the City of Ontario (“City”) in order to promote the health, safety, and general welfare (“Safety”) of City residents, visitors, and businesses (“Public”). The City seeks to implement appropriate regulations of Drones pursuant to the City's police powers under the California Constitution (Section 7 to Article XI) and its authority to issue regulations related to zoning, land use, pri vacy, trespass, and law enforcement operations. All regulations herein are intended to protect the Safety of the Public and address specific areas of the City’s concern where a Drone incident could cause harm and injury. It is not intended to restrict persons operating commercial Drones in compliance with all applicable Federal Aviation Administration (“FAA”) rules pursuant to Part 107 (Small Unmanned Aircraft Systems) to Title 14 of the Code of Federal Regulations and other applicable laws, or outside of prohibited areas. This regulation is not intended to preempt FAA rules, but to operate in conjunction with those rules to promote Public Safety and privacy while recognizing the limitations in the FAA's enforcement authority.

Sec. 7-1.1002 Definitions

The following definitions shall apply, unless the context clearly indicates otherwise:

A. City Manager means the City Manager or any agent of
the City as designated by the City Manager.

B. Drone or Unmanned aircraft system (“UAS”) means an
aircraft without a human pilot on board, that is controlled from 80 an operator on the ground and operates without the possibility of direct human intervention from within, or on, the aircraft.

Each reference to “Drone” hereinafter shall include reference to “UAS.”

C. Drone operator means any person who operates a
Drone, whether for recreational or commercial
purposes.

D. Emergency responder means any person engaged in
providing emergency services who is an agent of the
City, the County of San Bernardino, a public agency, a
law enforcement agency, the fire department,
emergency management, or a public safety
organization.

E. FAA means the Federal Aviation Administration.

F. Government Building is defined to be a Public Building as it appears under Government Code section 7596(a)
which is as follows: “Public building” means a building owned and occupied, or leased and occupied, by the
state, a county, a city, a city and county, or a California community college district.”

G. Person means and includes any individual, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as an unit; and any officer, agent, employee, or servant of any of the foregoing.

H. Public UAS means a UAS that is used or operated on behalf of any government agency that meets the qualifications as defined in Section 40102 to Title 49 of the United States Code to operate a public aircraft.

I. Special event means any event, assembly, or gathering held on public land or open-air facility, private property, or commercial or industrial facility that is open to the Public and intended to attract people. This includes but is not limited to sporting events, concerts, festivals, farmer's markets, street fairs, and other similar events.

J. Visual line of sight (“VLOS”) refers to the ability of a Drone operator or visual observer (FAA Part 107 regulations for 81 alternative VLOS) to have a direct, unaided, and unobstructed view of the operator’s-controlled Drone. The operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to
observe the UAS. The use of vision-enhancing devices such as binoculars, night vision goggles, powered vision
magnifying devices, goggles, or other devices designed to provide a "first-person" view from the Drone do not constitute visual line of sight.

K. Weapon means any instrument, article or substance that under the circumstances in which it is used, attempted to be used, or threatened to be used is readily capable of causing death or serious physical injury to a person or damage to property (such as a firearm; an air gun that uses small spherical projectiles or pellets propelled by compressed air, gas, or a spring mechanism (“BB Device”); an explosive; a device; or container assembled for the purpose of causing an explosion or any other device intended to harm someone).

Sec. 7-1.1003 Operating Requirements and Restrictions

No person shall operate any Drone in a manner that is prohibited by any Federal, State, or local regulations. The following shall apply to the operation of Drones within the City:

A. No person shall operate any Drone without a license or certification where one is required by Federal and state law.

B. A Drone operator shall provide their required license and/or certification upon request from a law enforcement agent or City official.

C. No person shall land or takeoff any Drone in the City beyond the visual line of sight of the person operating the Drone, or within the visual line of sight of an observer who is co-located and in direct communication with the Drone
operator.

D. No person shall land or takeoff any Drone other than during daylight hours, unless operating in compliance with Section 107.29 to Title 14 of the Code of Federal Regulations.

82 E. No person shall land or takeoff any Drone closer than twenty-five (25) feet to any individual, except the operator or agents of the operator.

F. No person shall operate any Drone under the influence of alcohol, cannabis, or any other drug or intoxicating
compound.

G. No person shall operate any Drone in a careless or reckless manner so as to endanger the Safety of another person or another person's property. The standard for what constitutes careless and reckless operation under this subsection shall be the same as the standard set forth in any Federal statutes or regulations governing aeronautics including but not limited to Public Utilities Code section 21407, Federal Aviation Rule

91.13, and Section 91.13 to Title 14 of the Code of Federal Regulations.

H. No person shall land or takeoff any Drone in a manner that violates an individual's reasonable expectation of privacy as set forth by all applicable State laws; or record or transmit any visual image, sound recording, or other physical impression of any person or private real property located in the City under circumstances in which the subject person or owner of the subject real property has a reasonable expectation of privacy (including but not limited to inside the premises or curtilage of a private residence, office, or hotel room, or inside an enclosed yard or exterior deck).

I. No person shall land or takeoff a Drone in a manner that directly interferes with the lawful efforts of any emergency responder responding to an emergency or providing
emergency services.

J. No person shall land or takeoff any Drone that contains or has affixed or attached to it hazardous materials, a weapon, a firearm, a BB Device, an explosive, a device, or container assembled for the purpose of causing an explosion; or any other item that may be used as a weapon.

K. No person shall land or takeoff any Drone in a way that interferes with manned aircraft operations including but not limited to traffic patterns at airports, and the operator shall always yield to any manned aircraft.

83 L. No person shall land or takeoff any Drone within the City in violation of any temporary flight restriction or "Notice to Airmen" issued by the FAA.

M. No person shall land or takeoff any Drone within five hundred (500) feet of any other privately-owned Drone. No person shall land or takeoff any Drone within one thousand five hundred (1,500) feet of any other publicly owned Drone. Any person operating a Drone shall see and avoid other aircraft and obstacles at all times.

N. No person shall land or takeoff any Drone in the area of active parade, motorcade, or City event without the authorization of the City Manager in writing.

O. No person shall operate a Drone in a manner that emits a sound level that unreasonably disturbs the peace, quiet, or comfort of any person (particularly in residential areas).

Nothing in this subsection shall preclude additional
enforcement under any other applicable noise control
regulation.

P. Any person who causes injury to another person while operating a Drone shall comply with the following:

1. The Drone operator shall notify the City's Police
Department of the injury within twenty-four (24)
hours of the incident.

2. The Drone operator shall give the operator's name and current residential address to the City's Police
Department, and shall also present a valid and
unexpired form of identification issued by a State
government or the United States Federal government.

3. Each failure to report injury to another person as
required by this subsection shall constitute a separate violation of this regulation.

Q. Any person who causes damage to the property of another person while operating a Drone shall comply with the
following:

1. The Drone operator shall immediately locate and notify the owner or person in charge of the damaged property
of the name and current residential address of the
84 Drone operator and of the owner of the Drone involved.

The Drone operator shall also present a valid and
unexpired form of identification issued by a State
government or the United States Federal government.

2. In the event the owner or person in charge of the
damaged property cannot reasonably be ascertained
or located, the Drone operator shall leave in a
conspicuous place on the property damaged a written
notice giving the name and current residential address
of the Drone operator and of the owner of the Drone
involved, as well as a statement of the circumstances
of the incident resulting in the property damage. The
Drone operator must also provide this information to
the City Police Department within twenty-four (24)
hours of the incident.

3. Each failure to report an incident of property damage as required by this subsection shall constitute a
separate violation of this regulation.

R. The City Manager, Chief of Police, Fire Chief, or their respective designees with the authorization of the FAA may issue "No Fly" proclamations prohibiting Drone operations as necessary to protect Public Safety. "No Fly" proclamations shall specify the locations, dates, and times that Drone operations are prohibited and shall be posted on the City's website, at City Hall, and at the Police Department. Drone operators are required to verify whether a "No Fly"
proclamation is in effect prior to initiating Drone operations.

No fly proclamations may be imposed Citywide or limited to certain areas, and may be in effect for certain times or for certain dates in their entirety as necessary to protect Public Safety. It is a violation to operate a Drone during "No Fly" hours, or to fail to immediately cease Drone operations after being notified by an agent of a public safety agency that a "No Fly" restriction is in effect.

S. This regulation shall not prohibit the use of Drones that both:
(1) are flown in compliance with Section 336 of the Federal Aviation Administration Modernization and Reform Act of 2012; and (2) do not transmit or record visual images or audio recordings of any person or real property located in the City without the person or property owner's written consent.

Sec. 7-1.1004 Protected Sites
85 A. Airports. No person shall land or takeoff a Drone within five (5) miles of any airport, unless authorized by the air traffic control tower.

B. Government Building. No person shall land or take off a Drone within a five hundred (500)-foot horizontal distance of any government building, unless authorized by the chief
administrator of the building in writing.

C. City Hall. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of City Hall, unless authorized by the City Manager in writing.

D. Jails. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any jail or prison facility, unless authorized by the chief administrator of the jail or prison facility in writing.

E. Police station. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any police station or structure, unless authorized by the Chief of Police or the Chief’s designee in writing.

F. Fire station. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any fire station or structure, unless authorized by the Fire Chief or the Chief’s designee in writing.

G. Schools. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any school or school yard, while school is in session unless authorized by the principal or superintendent of the school in writing.

H. Public utility facilities. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any public utility facility including, but not limited to any water, sewage, or electric generating facility without the
authorization of the chief administrator of the facility in writing (and subject to any restrictions that the chief administrator of the facility may impose).

I. Communication and utility lines. No person shall land or takeoff a Drone within the airspace above or within an one hundred (100)-foot horizontal distance of any, cell tower, overhead wire, cable, conveyor, or similar equipment for the transmission of sounds, signal, heat, light, power, utility, or 86 data; or upon or along any public way within the City without the authorization of the owner or chief administrator of the equipment in writing (and subject to any restrictions that the owner or chief administrator of the equipment may impose).

J. Churches. No person shall land or takeoff a Drone at any open-air assembly area, place of worship, or public building or facility without the authorization of the chief administrator in (and subject to any restrictions that the chief administrator may impose).

K. Private property. No person shall land or takeoff a Drone within any populated or developed private property, unless authorized by the property owner in writing. This subsection shall not apply to persons on the premises who are engaging in activities protected by the Constitutions of the State of California or the United States of America, or to persons who are on the premises at the request of a resident or
management and who are not loitering or otherwise violating any law or ordinance.

L. Special events. No person shall land or takeoff a Drone within a five hundred (500)-foot horizontal distance of any Special Event in the City, unless authorized by the City Manager in writing.

Sec. 7-1.1005 Exemptions

A. The provisions of this regulation shall not apply to any Drone that is used or operated by or on behalf of the City or any law enforcement, public safety, emergency management, or
government agency in compliance with all applicable Federal, State, and local laws and policies.

B. This regulation shall not apply to any Drones used by the City or any City-contracted agent or agency engaging in City business including but not limited to flight training, surveying and mapping property, inspecting infrastructure, monitoring traffic, or recording local events.

Sec. 7-1.1006 Commercial Operations

A. In addition to the other requirements of this regulation, commercial Drone operators must comply with all applicable FAA, Federal, State, and local regulations while operating within the City.

87 B. A Drone operating permit as well as a business license must be obtained from the City before commencing any commercial Drone activities within the City. If commercial Drone activities involve operating in or passing through multiple jurisdictions, the commercial Drone operator is responsible for paying the proportionate business license fees and taxes due to the City for the proportion of operations occurring within the limits of the City and its airspace.

C. Commercial Drone operators must submit a report to the City prior to commencing commercial Drone operations. The
report must include the intended flight plan, areas of
operation, and the purpose of the commercial operations.

Sec. 7-1.1007 Permit Requirements

A. Any Drone operating in a commercial capacity or in a protected site must obtain an operating permit. Once the permit is obtained, the office of the Chief of Police or the Chief’s designee must be notified in writing of the intended flight plan. The operating permit can be obtained at
https://www.ontarioca.gov/Flysafe. Permit requirements are in addition to any other provisions outlined within this code.

B. Drones used for recreational purposes are not required to obtain a permit prior to operation within the city. Recreational flyers are still required to meet all FAA regulations including obtaining registration through the FAA if the Drone weighs more than point fifty-five (.55) pounds. The registration number shall be affixed to the Drone itself.

Sec. 7-1.1008 Enforcement

A. Any condition created, caused, committed, or maintained in violation of any provision of this regulation is hereby declared to be unlawful and a public nuisance.

B. Any person who engages in a violation of this regulation or who owns, possesses, manages, controls, or has charge of any Drone in violation of this regulation shall be subject to the penalties and remedies provided by this regulation.

C. Any violation of this regulation shall constitute a separate offense for each and every day the violation occurs or
persists.

88 D. Any person in violation of any provision of this regulation may:

1. Be guilty of a misdemeanor, punishable by
imprisonment of up to six (6) months in County jail or
by a fine not exceeding one thousand dollars ($1,000)
or by both; and/or

2. Subject to the issuance of an administrative citation.

E. Any intentional injury or property damage caused while operating a Drone will be referred to the County District Attorney for criminal prosecution.

F. Upon any violation of this regulation, the City Manager, any Emergency Responder, or any other law enforcement officer (collectively "Officer") can request the violating Drone operator to land the Drone. Neither the City, nor the Officers involved, shall be liable for any damage to a Drone caused by an Officer while enforcing this regulation.

G. Neither the City, nor any Emergency Responders involved, shall be liable for any damage to a Drone caused by the Emergency Responder while performing emergency services if such damage was reasonably necessary to ensure
unhindered performance of emergency services.

SECTION 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.

SECTION 4. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Se ction 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. T he City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

89 SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

90 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held July 15, 2025 and adopted at the regular meeting held August 19, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

91 ORDINANCE NO. ________

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

CALIFORNIA, AMENDING THE ONTARIO MUNICIPAL CODE BY

REVISING THE PENALTY AND ENFORCEMENT PROVISIONS , AND

REVISING THE CAMPING AND STORAGE OF PERSONAL PROPERTY

PROVISIONS

WHEREAS, the City of Ontario (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law under its general police powers; and

WHEREAS, California Vehicle Code Section 40200 et seq. authorizes the City to impose and collect civil fines and penalties for violations of any regulation pertaining to the stopping, standing, or parking of a vehicle and related charges; and

WHEREAS, the City is committed to ensuring the safety, health, and general welfare (“Safety”) of all of its residents, visitors, and businesses (“Public”) by establishing penalties for violations under Volume I of the Ontario Municipal Code (“Code”) and empowering a Police Officer to enforce such penalties and provisions when necessary; and
WHEREAS, violations of the Code are punished as infractions pursuant to Section 1-2.01 (Punishment for Violation) to Chapter 2 (Penalty Provisions) to Title 1 (General Provisions) of the Code unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as a misdemeanor, or unless other specific penalty provisions are provided; and

WHEREAS, the City Council finds and declares that regulating camping and the storage of personal property on private and public property is necessary for ensuring the Safety of the Public; and

WHEREAS, the City Council desires to update the Code by (1) revising the penalty and enforcement provisions so that all violations are punished as misdemeanors in order to strengthen the Safety of the Public unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as an infraction, or unless other specific penalty provisions are provided; (2) authorizing any Police Officer to enforce Code provisions and arrest any person violating said Code provisions; and (3) revising the camping and storage of personal property Code provisions to clarify when and where a person may camp or store personal property on pri vate or public property within the City, and assist law enforcement in enforcing these regulations.

NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true and correct, and are hereby incorporated herein by this reference.

92 SECTION 2. Amendment to Penalty and Enforcement Provisions. The Code is hereby amended as follows:

a. Section 1-2.01(a) (Punishment for Violation) to Chapter 2 (Penalty Provisions) of Title 1 (General Provisions) is amended by replacing the words “an infraction” with the words “a misdemeanor”, the words “a misdemeanor” with the words “an infraction”, and the word “misdemeanors” with the word “infractions”.

b. Section 5-9.01 (Trespasses Upon Private Property
Prohibited) to Chapter 9 (Trespassing) of Title 5 (Public Welfare, Morals and Conduct) is hereby amended as
follows:

(1) Subsection (a) is amended by adding the language “, or a police officer acting at the request of any of the above,” between the words “thereof” and “to”.

(2) Subsection (b) is amended by adding the language “, or a police officer acting at the request of any of the above,” between the words “thereof” and “to”.

c. Section 5-11.02(g) (Public Consumption of Alcoholic
Beverages and Possession of any Open Alcoholic
Beverage Container) to Chapter 11 (Miscellaneous Offenses of Title 5 (Public Welfare, Morals and Conduct) is hereby amended by replacing the language “Alcoholic beverage
licensees in violation of subsection (d)(1) and (d)(2) shall be guilty of an infraction” with the language “Any person in violation of subsections (c), (d)(1), or (d)(2) shall be guilty of an infraction.”

d. Section 7-1.902 (Citations) to Article 9 (Arrests and Penalties) to Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) is hereby amended by replacing the words “issue a citation” with the words “make arrests and issue citations”.

e. Section 7-1.903 is added to Article 9 (Arrests and Penalties) to Chapter 1 (Airport Rules and Regulations) of Title 7 (Public Works) to read as follows: “Sec. 7-1.903. Penalty. Any
person guilty of violating any provisions of this chapter shall be deemed guilty of a misdemeanor and punishable by a fine not to exceed $1,000.00 or imprisonment not to exceed six (6) months in the County Jail, or both such fine and
imprisonment.”

93 SECTION 3. Amendment to Parking Penalties and Citations. Article 16 (Violations and Penalties) to Chapter 6 (Traffic) to Title 4 (Public Safety) of the Code is hereby amended as follows:

a. Sections 4-6.1305(i)(2) and (3) (Permit Parking Zones on Residential Streets) are hereby deleted in their entirety, and are amended by adding the following language to
read as follows: “(2) The penalties for violating any of the provisions of this section are set forth in the Citywide Fee Schedule.”

b. Section 4-6.1602 (Penalties: Citations) is hereby
amending by adding the following language to the end of the paragraph: “If a payment is made by check, it should be addressed to the City of Ontario (303 East B Street, Ontario, California 91764).”

SECTION 4. Amendment to Camping and Storage of Personal Property .

Chapter 23 (Camping and Storage of Personal Property) to Title 5 (Public Welfare, Morals and Conduct) of the Code is hereby repealed and replaced in its entirety to read as follows:

“Chapter 23: Camping and Storage of Personal Property

5-23.01 – Purpose
5-23.02 – Definitions
5-23.03 – Unlawful Camping
5-23.04 – Storage of Personal Property
5-23.05 – Use of Vehicle for Human Habitation
5-23.06 – Urination or Defecation in Public View
5-23.07 – Enforcement

5-23.01 – Purpose

The public streets and areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain public streets and areas within the City in a clean and accessible condition.

5-23.02 – Definitions

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter.

94 a. "Camp" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary or permanent human habitation.

b. "Camp facilities" include but are not limited to tents, huts, vehicles, vehicle camping outfits, or temporary shelter.

c. "Camp paraphernalia" includes but is not limited to bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

d. "Establish" means setting up or moving equipment, supplies, or materials on to public or private property to "camp" or operate camp facilities.

e. "Maintain" means keeping or permitting equipment, supplies, or materials to remain on public or private property.

f. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility.

g. "Personal property" means any and all tangible items including but not limited to goods, materials, merchandize, camp paraphernalia, luggage, backpack, books, clothing, documents, household goods, and medication.

h. "Private property" means all privately owned property.

i. "Public property" means all public property including but not limited to streets, sidewalks, alleys, improved or unimproved land, and parks owned by a public agency and/or open to public access.

j. “Recreational vehicle” or "RV" means a motorhome,
travel trailer, truck camper, camping trailer, or other vehicle or trailer with or without motive power designed or altered for human habitation for recreational, emergency, or other human occupancy. "Recreational vehicle" specifically includes but is not limited to: a "recreational vehicle" as defined by California Health and Safety Code section 18010; a "truck camper" as defined by Health and Safety Code section 18013.4; a "camp trailer" as defined in California Vehicle Code section 242; a "camper" as defined in California Vehicle Code section 243; a "fifth-wheel travel trailer" as defined in California Vehicle Code section 324; a "house car" as defined by California Vehicle Code section 362; a "trailer coach" as defined in California Vehicle Code section 635; a van camper; or a van conversion. 95 k. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

5-23.03 – Unlawful Camping
a. It is unlawful and a public nuisance for any person to camp; establish, maintain, allow, operate, or occupy camp facilities; or use camp paraphernalia in the following areas:

1. Any public property, public or private street, or right - of-way including sidewalks, bus stops, and public
landscaping;

2. Any parking lot, yard, building setback, vacant land, open space, park, embankment, or any other area
open to, accessible to, or controlled by the public (
improved or unimproved);

3. In, on, under, or adjacent to any structure not intended for human occupancy;

4. In, on, under, or adjacent to a parked vehicle on any public or private property including but not limited to an automobile, bus, truck, camper, trailer, or
recreational vehicle.
b. The prohibition on camping in this section shall not apply to the following:

1. Camping on residential private property with consent of the property owner; and where such use does not
violate any provision of this Code or State law, does
not create or permit a public nuisance, and where
such use is not within view of the public right -of-way;

2. Camping where specifically permitted within City -
approved campgrounds or facilities;

3. Camping in connection with a special even t as
authorized by the City.
c. The exceptions contained herein do not apply where (1) camping is conducted in such a manner as to create
inadequate sanitation or other public nuisance; (2) camping is of such frequency, intensity, or duration as to constitute a use of land prohibited by zoning regulations; (3) camping would be prohibited under any other provision of this Code; and (4) any fee, charge, or other monetary consider ation is collected for the privilege of camping or for any services or the use of any facilities related there to, other than at City - approved campgrounds or facilities.
96 d. Nothing in this Chapter is intended to prohibit or make unlawful activities of a property own er or lawful tenant of private property that are incidental to the lawful and
authorized use of private property for residential or other approved and legal purposes. Nothing herein is intended to prohibit or make unlawful activities o f a property owner or other lawful tenant if such activities are expressly authorized by the City's zoning ordinance, other ordinances, or
regulations.
5-23.04 – Storage of Personal Property

a. It is unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the City manager or designee or as permitted by this Code or State law:

1. Any public property, public or private street, or right-of- way including sidewalks, bus stops, and public
landscaping; or

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to,
accessible to, or controlled by the public (improved or unimproved).

5-23.05 – Use of Vehicle for Human Habitation

It is unlawful for any person to use any motor vehicle or recreational vehicle for human habitation on or in any public or private street, alley, parking lot, or any public or privately owned property which is held open for public use.

For purposes of this section, evidence of "human habitation" shall include but not be limited to, observations that the vehicle is being used for living, sleeping, cooking, or bathing purposes. Sleeping in or occupying a parked vehicle for longer than thirty minutes, consecutively or in the aggregate, between the hours of 11:00 p.m. and 5:00 a.m. shall constitute prima facie evidence the vehicle is being used for human habitation.

5-23.06 – Urination or Defecation in Public View

It shall be unlawful for any person to urinate or defecate or dump any fecal matter on public or private property in an area exposed to the public view or on any public street, sidewalk, alley, park, or any other space except in a restroom or other facility designed for such purpose.

5-23.07 – Enforcement

a. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any 97 violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable.

b. The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

c. The City may enforce any violation of this Chapter by any and all means available by law including but not limited to a restraining order, preliminary or permanent injunction, and criminal or administrative enforcement.

d. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.”

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.

SECTION 6. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 7. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of t he City Clerk, in accordance with Government Code Section 36933.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

98 ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

99 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held July 15, 2025 and adopted at the regular meeting held August 19, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held August 19, 2025 and that Summaries of the Ordinance were published on _______ ____ and _____________, in the Inland Valley Daily Bulletin newspaper.

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

100
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CLEAN

ENERGY FOR MAINTENANCE OF THE COMPRESSED NATURAL GAS FUELING

STATION

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The FY 2025-26 Adopted Budget includes appropriations of $150,000 in the Equipment Services Fund for maintenance and repairs. The total compensation paid by the City will be contingent upon actual services provided at the contracted rates set forth in the agreement and shall not exceed $475,000 over the term.

BACKGROUND & ANALYSIS:

The City has owned and operated the CNG fueling facility since 1995. Over the years this facility has reduced the community’s collective carbon footprint, improved air quality, lowered dependency on fossil fuels and foreign oil, and enabled compliance with the South Coast Air Quality Management District Rule 1193 “Clean On-Road Residential and Commercial Refuse Collection Vehicles.” The facility provides CNG for over 120 City vehicles and Ontario-Montclair School District Buses.

On July 18, 2023, Council approved an Amendment extending the term to June 30, 2025. In 2022 the City upgraded the CNG fueling system with two Industrial Machine Works (IMW) compressors. Clean Energy is the exclusive vendor to commission and provide service for the IMW compressors. Based on their previous history of providing excellent service to the City of Ontario, Staﬀ recommends increasing the total authorized compensation, and extending the term for an additional one-year to ensure the Municipal Services Department can continue to maintain and repair the compressed natural gas fueling station quickly and keep it operational, providing a cleaner burning alternative fuel to the public and reducing the City’s carbon footprint.
101
AMENDMENT NO. 4 TO THE MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

CLEAN ENERGY

1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Clean Energy a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Contractor have entered into an agreement entitled “Maintenance Services Agreement” dated July 1, 2020 (“Agreement”).

2.2 Amendment Purpose . T he City and Contractor desire to amend the Agreement to extend the term to June 30, 2026, and increase the compensation amount by One Hundred Fifty Thousand Dollars ($150,000) for a new total contract amount not -to-exceed Four Hundred Seventy-Five Thousand Dollars ($475,000). The Parties have heretofore entered into that Amendment No. 1 dated July 19, 2022, Amendment No. 2 dated July 18, 2023, and Amendment No. 3 dated July 1, 2024.

2.3 Amendment Authority . This Amendment No. 4 is authorized pursuant to Section

3.5.9 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
“3.1.2 Term. The term of this Agreement shall be from July 1, 2020, to June 30, 2026.

Vendor shall provide all Goods and complete the Services withi n the ter m of thi s agreement and

Page 1 of 3 ends

BB&K 2020
46700.00100\33287662.1
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
102
shall met any other established schedules and deadlines.”

3.2 Amendment. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.3.1 Compensation. Contractor shall receive compensation including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in Exhibit “C”.

The total compensation shall not exceed Four Hundred Seventy-Five Thousand Dollars ($475,000), without written approval of the City Manager. Extra work may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.3 Amendment. Exhibit “C” of the Agreement is hereby deleted in its entirety and replaced with the Exhibit “C” attached to this Amendment No. 4.

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

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

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

Page 2 of 3 ends

BB&K 2020
46700.00100\33287662.1
103
46700.00100\33287662.1

Page 3 of 3 ends

BB&K 2020

SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE MAINTENANCE SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND CLEAN ENERGY
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO CLEAN ENERGY
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

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

City Clerk
104
Exhibit “C”

COMPENSATION
Maintenance Inspections Fee
On a monthly basis, during the Term, City shall pay Contractor the following amount for its performance of the bi-weekly maintenance inspections:

The Maintenance Inspection Fee

$1,687.50/Bi-Weekly (or $3,656.25/Month) + applicable fees, assessments and taxes (including, without limitation, taxes which are measured based on the selling price)

Call Out Rates
In the event City desires to have Contractor go to the City’s CNG facility to perform services other than the bi-weekly maintenance inspections, City may call Contractor’s Operations Center to schedule a “Call Out”.

For each Call Out, City shall be billed for such service at the applicable hourly rate described below multiplied by the number of hours the Contractor technician(s) expended traveling to and from the City’s CNG facility and at the City’s CNG facility; however, in the event Contractor’s cumulative time traveling to, and from, the City’s CNG facility and onsite at the City’s CNG facility is less than 4 hours, City will be billed as if Contractor had been at the City’s CNG facility for 4 hours. City will be billed for any equipment, parts and/or materials that Contractor supplies for the performance of the Call Out services at the rate described below.

Description Rate
Labor Rates
Monday – Friday 8:00 a.m. to 5:00
p.m.
$182.00 per hour, plus all taxes which are measured or determined based on the selling price*
Labor Rates
Monday – Friday 5:01 p.m. to 7:59
a.m. and all weekends & holidays
$249.60 per hour, plus all taxes which are measured or determined based on the selling price*
Equipment & Parts & Materials Clean Energy list price minus 10%, plus all taxes which are measured or determined based on the selling price

105
Department: Public Works
Prepared By: Manuel Rebolledo
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Jacqueline Leon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

The FY 2025-26 Adopted Budget includes appropriations in the Equipment Services Fund and Grant Fund for the purchase of ﬂeet vehicles. The total cost of the vehicles recommended for purchase is a total not-to-exceed amount of $906,400.

BACKGROUND & ANALYSIS:

The vehicles recommended for replacement in this action have outlived their useful lives and are no longer cost-eﬀective to maintain. They are scheduled for replacement pursuant to ongoing eﬀorts to reduce expenses, maximize useful life expectancy, and extend replacement cycles of ﬂeet equipment while ensuring safe and reliable operation. One (1) of the Ford Police Interceptor Utility Pursuit Vehicles requested by the Police Department is an addition, as a result of growth throughout the City leading to increased operations. The other 13 vehicles being requested are replacements for existing vehicles.

To secure competitive pricing and streamline the procurement process, the City is utilizing the State of Arizona Cooperative Contract No. CTR059322-4, awarded to PFVT Motors LLC (Peoria Ford). This cooperative agreement was competitively solicited and awarded by the State of Arizona and is available to other government agencies, including the City of Ontario.

Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible. 106
17/16/2025 11:21:56
PFVT MOTORS, LLC. QUOTE
9130 W Bell Rd Date 7/16/2025
Peoria AZ 85382 Valid Until 8/20/2025
CLIFF KUJALA Contract CTR059322 - AZ STATE
Government Account Team PO
Direct: 623-239-0340 Lead Time IN STOCK
Customer: Invoice Address: Delivery Address:

City of Ontario1425 South Bon View AveOntario CA 91761Manuel Rebolledo909-917-4536 Same Same
Description Line Total
POLICE INTERCEPTOR 2024 UTILITY AWD EXTERIOR 119" WHEELBASE AGATE BLACK METALLIC 3.0L ECOBOOST V6 ENGINE INTERIOR 10-SPEED AUTO TRANSMISSION EBONY CLOTH FRT/VINYL REAR ($ 47,165.00)
EXTERIOR 18" H.D.STEEL WHEELS 255/60R18 A/S BSW POLICE TIRES CLASS III HITCH RECEIVER DUAL EXHAUST SYSTEM DUAL POWER MIRRORS FULL SIZE 18" SPARE W/TPMS HEADLAMPS - AUTO, LED LOW/HIGH INCLUDES FRONT HOUSING (W/ LED WIG-WAG) KEY LOCKS (DR/PASS/LFTGT) PRIVACY GLASS 2ND/3RD ROW INTERIOR 35/30/35 SPLIT VINYL REAR A/C W/AUTOMATIC CLIMATE CONTROL, DUAL ZONE BLACK VINYL FLOOR COVERING CERTIFIED SPEEDOMETER CLOTH BUCKET FRONT SEATS CONSOLE MOUNTING PLATE ENGINE HOUR / IDLE METER HTD SANITIZATION SOLUTION PWR DR SEAT/6-WAY/M LUMBAR RED/WHITE TASK LIGHTING SEATBACK INTRUSION PLATES TILT/TELESCOPING STEERING WHL W/ 4 CONFIGURABLE LATCHING SWITCHES UNIVERSAL TOP TRAYFUNCTIONAL AM/FM/MP3/BLUETOOTH & USB COLUMN MOUNTED SHIFTER ENGINE OIL COOLER FULL-TIME ALL WHEEL DRIVE SYSTEM HEAVY DUTY SUSPENSION HEAVY-DUTY 80-AMP BATTERY INTERIOR TRUNK/LIFTGATE RELEASE POLICE BRAKES: 4 WHL DISC W/ ABS & TRACTION CONTROL POWER STEERING W/EPAS REAR VIEW CAMERA TRANSMISSION OIL COOLER TRANSMISSION-10-SPEED AUTOSAFETY/SECURITY 75 MPH REAR-CRASH TESTED ADVANCETRAC™ WITH RSC® AIRBAGS - FRONT AND SIDE AIRBAGS - SAFETY CANOPY SOS POST CRASH ALERT SYS TIRE PRESSURE MONITOR SYSWARRANTY 3 YR/36K MILE BUMPER-TO- BUMPER WARRANTY 5 YR/100K MILE POWERTRAIN CARE EXTENDED SERVICE PLAN (ZERO DEDUCTIBLE) INCLUDED ON THIS VEHICLEEQUIPMENT GROUP 500AOPTIONAL EQUIPMENT/OTHER.AM/FM STEREO3.0L ECOBOOST V6 ENGINE 950.0010-SPEED AUTO TRANSMISSION NO CHARGECARGO DOME LAMP -RED/WHITE 50.00H8 AGM BATTERY 110.00REAR CAMERA ON DEMAND 230.0050 STATE EMISSIONS NO CHARGECOURTESY LAMP DISABLE 25.00POLICE ENGINE IDLE FEATURE 260.00DRIVER AND PASS LED SPOT LAMP 620.00POWER MIRROR/SPOTTER/HEATED 60.00KEYLESS ENTRY - 4 FOBS 340.00KEYED ALIKE -KEY CODE B 50.004G LTE WI-FI HOTSPOT CREDIT - 20.00WIRING GRILL/LAMP/SIREN/SPKRS 50.00POL WIRE HARNESS CONNECTOR KIT 185.00.POLICE WIRING KIT REAR.POLICE WIRING KIT FRONTREAR DR HNDL AND LOCKS INOPR 75.00DEFLECTOR PLATE 335.00REVERSE SENSING SYSTEM 275.00LH/RH BALLISTIC DOOR PNL III 3,170.00FRONT LICENSE PLATE BRACKET NO CHARGE OEM OPTIONS($ 6,765.00)
DISCOUNT4.00%($ (1,886.60)
OEM DESTINATION & DELIVERY($ 1,595.00)
EXTRA DISCOUNT($ (2,964.54)

WINDOW TINT INCLUDED
PAINT DOORS AND ROOF WHITE($ 1,700.00)
Subtotal Per Unit($ 52,373.86)
Special Notes and Instructions Docs & Registration($ 350.00) Customer Responsible for any registration and applicable sales taxes not shown on this quote.QUOTE INCLUDES REGISTRATION AND ONTARIO SALES TAX.CUSTOMER WILL BE REQUIRED TO RETURN THE FOLLOWING DOCUMENTS TO COMPLETE REGISTRATIONWET INK SIGNED VIN INSPECTION FORMS POWER OF ATTORNEY FORMSEXEMPT LICENCE PLATE FORMPAINT WILL TAKE APPROX 30 DAYS FROM DATE PO RECEIVEDUnits QuotedI644.K8A.24.240202I645.K8A.24.240202 Trade In($ - )
Extended Warranty($ - )
Freight($ 425.00)
Flooring($ - )
Sales Tax8.75%($ 4,582.71)
Tire Tax 5($ 11.65)
Total Per Unit less Trade-In($ 57,743.22)
Quantity of Units 2
Sale Total($ 115,486.44)
Above information is not an invoice and only an estimate of services/goods described above. Vaid Until date only covers pricing, not availability. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

Signature
Print Name
Date
If you have any questions concerning this quote, contact Cliff Kujala Thank you for your business!
9130 W Bell Road, Peoria AZ 85382
623-239-0340 - [email protected]
107
17/15/2025 15:04:41
PFVT MOTORS, LLC. QUOTE
9130 W Bell Rd Date 7/15/2025
Peoria AZ 85382 Valid Until 8/20/2025
CLIFF KUJALA Contract CTR059322 - AZ STATE
Government Account Team PO
Direct: 623-239-0340 Lead Time IN STOCK
Customer: Invoice Address: Delivery Address:

City of Ontario1425 South Bon View AveOntario CA 91761Manuel Rebolledo909-917-4536 Same Same
Description Line Total
POLICE INTERCEPTOR 2025 UTILITY AWD EXTERIOR 119" WHEELBASE AGATE BLACK METALLIC 3.0L ECOBOOST V6 ENGINE INTERIOR 10-SPEED AUTO TRANSMISSION EBONY CLOTH FRT/VINYL REAR ($ 49,515.00)
EXTERIOR 18" H.D.STEEL WHEELS 255/60R18 A/S BSW POLICE TIRES CLASS III HITCH RECEIVER DUAL EXHAUST SYSTEM DUAL POWER MIRRORS FULL SIZE 18" SPARE W/TPMS HEADLAMPS - AUTO, LED LOW/HIGH INCLUDES FRONT HOUSING (W/ LED WIG-WAG) KEY LOCKS (DR/PASS/LFTGT) PRIVACY GLASS 2ND/3RD ROW INTERIOR 35/30/35 SPLIT VINYL REAR A/C W/AUTOMATIC CLIMATE CONTROL, DUAL ZONE BLACK VINYL FLOOR COVERING CERTIFIED SPEEDOMETER CLOTH BUCKET FRONT SEATS CONSOLE MOUNTING PLATE ENGINE HOUR / IDLE METER HTD SANITIZATION SOLUTION RED/WHITE TASK LIGHTING PWR DR/PASS SEAT W/LUMBAR SEATBACK INTRUSION PLATES TILT/TELESCOPING STEERING WHL W/ 4 CONFIGURABLE LATCHING SWITCHES UNIVERSAL TOP TRAYFUNCTIONAL AM/FM/MP3/BLUETOOTH & USB COLUMN MOUNTED SHIFTER ENGINE OIL COOLER FULL-TIME ALL WHEEL DRIVE SYSTEM HEAVY DUTY SUSPENSION HEAVY-DUTY 80-AMP BATTERY INTERIOR TRUNK/LIFTGATE RELEASE POLICE BRAKES: 4 WHL DISC W/ ABS & TRACTION CONTROL POWER STEERING W/EPAS REAR VIEW CAMERA TRANSMISSION OIL COOLER TRANSMISSION-10-SPEED AUTOSAFETY/SECURITY 75 MPH REAR-CRASH TESTED ADVANCETRAC™ WITH RSC® AIRBAGS - FRONT AND SIDE AIRBAGS - SAFETY CANOPY SOS POST CRASH ALERT SYS TIRE PRESSURE MONITOR SYSWARRANTY 3 YR/36K MILE BUMPER-TO- BUMPER WARRANTY 5 YR/100K MILE POWERTRAIN CARE EXTENDED SERVICE PLAN (ZERO DEDUCTIBLE) INCLUDED ON THIS VEHICLEEQUIPMENT GROUP 500AOPTIONAL EQUIPMENT/OTHER.FM STEREO3.0L ECOBOOST V6 ENGINE 950.0010-SPEED AUTO TRANSMISSION NO CHARGEHID PLUNG W/R HNDL INOPERABLE 160.0050 STATE EMISSIONS NO CHARGEDRIVER AND PASS LED SPOT LAMP 620.00KEYED ALIKE -KEY CODE B 50.00POL WIRE HARNESS CONNECTOR KIT 200.00.POLICE WIRING KIT REAR.POLICE WIRING KIT FRONTREAR DR HNDL AND LOCKS INOPR NO CHARGEDEFLECTOR PLATE 340.00LH/RH BALLISTIC DOOR PNL III 3,170.00FRONT LICENSE PLATE BRACKET NO CHARGE OEM OPTIONS($ 5,490.00)
DISCOUNT4.00%($ (1,980.60)
OEM DESTINATION & DELIVERY($ 1,595.00)
EXTRA DISCOUNT($ (2,864.13)

WINDOW TINT INCLUDED
PAINT DOORS AND ROOF WHITE($ 1,700.00)
Subtotal Per Unit($ 53,455.27)
Special Notes and Instructions Docs & Registration($ 350.00) Customer Responsible for any registration and applicable sales taxes not shown on this quote.QUOTE INCLUDES REGISTRATION AND ONTARIO SALES TAX.CUSTOMER WILL BE REQUIRED TO RETURN THE FOLLOWING DOCUMENTS TO COMPLETE REGISTRATIONWET INK SIGNED VIN INSPECTION FORMS POWER OF ATTORNEY FORMSEXEMPT LICENCE PLATE FORMPAINT WILL TAKE APPROX 30 DAYS FROM DATE PO RECEIVEDUnits QuotedC248.K8A.25.240208 C249.K8A.25.240208 C250.K8A.25.240208 C251.K8A.25.240208C252.K8A.25.240208 C253.K8A.25.240208 C254.K8A.25.240208 C255.K8A.25.240208C366.K8A.25.240208 C367.K8A.25.240208 C372.K8A.25.240208 Trade In($ - )
Extended Warranty($ - )
Freight($ 425.00)
Flooring($ - )
Sales Tax8.75%($ 4,677.34)
Tire Tax 5($ 11.65)
Total Per Unit less Trade-In($ 58,919.26)
Quantity of Units 11
Sale Total($ 648,111.86)
Above information is not an invoice and only an estimate of services/goods described above. Vaid Until date only covers pricing, not availability. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

Signature
Print Name
Date
If you have any questions concerning this quote, contact Cliff Kujala Thank you for your business!
9130 W Bell Road, Peoria AZ 85382
623-239-0340 - [email protected]
108
17/15/2025 15:04:09
PFVT MOTORS, LLC. QUOTE
9130 W Bell Rd Date 7/15/2025
Peoria AZ 85382 Valid Until 8/20/2025
CLIFF KUJALA Contract CTR059322 - AZ STATE
Government Account Team PO
Direct: 623-239-0340 Lead Time IN STOCK
Customer: Invoice Address: Delivery Address:

City of Ontario1425 South Bon View AveOntario CA 91761Manuel Rebolledo909-917-4536 Same Same
Description Line Total
POLICE INTERCEPTOR 2025 UTILITY AWD EXTERIOR 119" WHEELBASE AGATE BLACK METALLIC 3.0L ECOBOOST V6 ENGINE INTERIOR 10-SPEED AUTO TRANSMISSION EBONY CLOTH FRT/VINYL REAR ($ 49,515.00)
EXTERIOR 18" H.D.STEEL WHEELS 255/60R18 A/S BSW POLICE TIRES CLASS III HITCH RECEIVER DUAL EXHAUST SYSTEM DUAL POWER MIRRORS FULL SIZE 18" SPARE W/TPMS HEADLAMPS - AUTO, LED LOW/HIGH INCLUDES FRONT HOUSING (W/ LED WIG-WAG) KEY LOCKS (DR/PASS/LFTGT) PRIVACY GLASS 2ND/3RD ROW INTERIOR 35/30/35 SPLIT VINYL REAR A/C W/AUTOMATIC CLIMATE CONTROL, DUAL ZONE BLACK VINYL FLOOR COVERING CERTIFIED SPEEDOMETER CLOTH BUCKET FRONT SEATS CONSOLE MOUNTING PLATE ENGINE HOUR / IDLE METER HTD SANITIZATION SOLUTION RED/WHITE TASK LIGHTING PWR DR/PASS SEAT W/LUMBAR SEATBACK INTRUSION PLATES TILT/TELESCOPING STEERING WHL W/ 4 CONFIGURABLE LATCHING SWITCHES UNIVERSAL TOP TRAYFUNCTIONAL AM/FM/MP3/BLUETOOTH & USB COLUMN MOUNTED SHIFTER ENGINE OIL COOLER FULL-TIME ALL WHEEL DRIVE SYSTEM HEAVY DUTY SUSPENSION HEAVY-DUTY 80-AMP BATTERY INTERIOR TRUNK/LIFTGATE RELEASE POLICE BRAKES: 4 WHL DISC W/ ABS & TRACTION CONTROL POWER STEERING W/EPAS REAR VIEW CAMERA TRANSMISSION OIL COOLER TRANSMISSION-10-SPEED AUTOSAFETY/SECURITY 75 MPH REAR-CRASH TESTED ADVANCETRAC™ WITH RSC® AIRBAGS - FRONT AND SIDE AIRBAGS - SAFETY CANOPY SOS POST CRASH ALERT SYS TIRE PRESSURE MONITOR SYSWARRANTY 3 YR/36K MILE BUMPER-TO- BUMPER WARRANTY 5 YR/100K MILE POWERTRAIN CARE EXTENDED SERVICE PLAN (ZERO DEDUCTIBLE) INCLUDED ON THIS VEHICLEEQUIPMENT GROUP 500AOPTIONAL EQUIPMENT/OTHER.FM STEREO3.0L ECOBOOST V6 ENGINE 950.0010-SPEED AUTO TRANSMISSION NO CHARGE50 STATE EMISSIONS NO CHARGEDRIVER AND PASS LED SPOT LAMP 620.00KEYED ALIKE -KEY CODE E 50.00POL WIRE HARNESS CONNECTOR KIT 200.00.POLICE WIRING KIT REAR.POLICE WIRING KIT FRONTREAR DR HNDL AND LOCKS INOPR 80.00DEFLECTOR PLATE 340.00LH/RH BALLISTIC DOOR PNL III 3,170.00FRONT LICENSE PLATE BRACKET NO CHARGE OEM OPTIONS($ 5,410.00)
DISCOUNT4.00%($ (1,980.60)
OEM DESTINATION & DELIVERY($ 1,595.00)
EXTRA DISCOUNT($ (2,864.13)

WINDOW TINT INCLUDED
REKEY UNIT TO KEYCODE B($ 950.00)
PAINT DOORS AND ROOF WHITE($ 1,700.00)
Subtotal Per Unit($ 54,325.27)
Special Notes and Instructions Docs & Registration($ 350.00) Customer Responsible for any registration and applicable sales taxes not shown on this quote.QUOTE INCLUDES REGISTRATION AND ONTARIO SALES TAX.CUSTOMER WILL BE REQUIRED TO RETURN THE FOLLOWING DOCUMENTS TO COMPLETE REGISTRATIONWET INK SIGNED VIN INSPECTION FORMS POWER OF ATTORNEY FORMSEXEMPT LICENCE PLATE FORMPAINT WILL TAKE APPROX 30 DAYS FROM DATE PO RECEIVEDUnits QuotedC272.K8A.25.240227 Trade In($ - )
Extended Warranty($ - )
Freight($ 425.00)
Flooring($ - )
Sales Tax8.75%($ 4,753.46)
Tire Tax 5($ 11.65)
Total Per Unit less Trade-In($ 59,865.38)
Quantity of Units 1
Sale Total($ 59,865.38)
Above information is not an invoice and only an estimate of services/goods described above. Vaid Until date only covers pricing, not availability. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

Signature
Print Name
Date
If you have any questions concerning this quote, contact Cliff Kujala Thank you for your business!
9130 W Bell Road, Peoria AZ 85382
623-239-0340 - [email protected]
109
110
111
112
113
114
Department: Budget
Prepared By: Evan Erickson
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION PLAN,

CERTIFIED OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS FOR

VARIOUS CITY FUNDS

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council award a Professional Services Agreement for Cost Allocation Plan, Certiﬁed OMB Plan, and Internal Service Funds rate plans to Aptemiz, Inc., for a three-year term for an amount not-to-exceed $180,000 with the option to extend the Agreement for two additional one-year terms for $60,000 per ﬁscal year; and authorize the City Manager, or his designee, to execute the Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The recommended Agreement with Aptemiz, Inc., is for an amount not-to-exceed $180,000 for the ﬁrst three-year term ($60,000 average per year), with the option to extend the Agreement for two additional one-year terms for $60,000 per ﬁscal year. The total compensation shall not exceed $300,000. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the General Fund for the Cost Allocation Plan, Certiﬁed OMB Plan, and Internal Service Funds Rate Plans for various City funds.

BACKGROUND & ANALYSIS:

The purpose of a Cost Allocation Plan is to recover overhead costs from Enterprise Funds, Special Revenue Funds and Internal Service Funds. The City may also recover indirect costs on Federal and State grants and awards under the Federal Oﬃce of Management and Budget (OMB) Circular A-87 guidelines, which are now codiﬁed in the Code of Federal Regulations (CFR) at 2 CFR Part 200. A formal Cost Allocation Plan certiﬁed by third party supports a fair and defensible cost recovery program for the General Fund. In addition to a Cost Allocation Plan, the City allocates Internal Service Fund (ISF) costs, via chargeback rates, to various funds which include Enterprise Funds, Special Revenue Funds, the General Fund, and other Internal Service Funds. The cost allocation consultant will develop ISF cost of service plans for General Liability, Facilities Maintenance, Equipment Services, and Information Technology Funds. In June 2025, City Staﬀ issued a Request for Proposals (RFP) for Cost Allocation, OMB and Internal Service Funds Rate Plans. Staff received proposals from the following vendors:
115

Vendor (Alphabetical Order)
Location
Aptemiz, Inc.

Van Nuys, CA
Government Consulting Partners
Granite Bay, CA
Matrix Consulting Group
San Mateo, CA
Willdan Financial Services
Temecula, CA

Each proposal was screened by a selection committee comprised of Staﬀ from the Financial Services Agency who evaluated the proposals based on criteria listed in the RFP, including qualiﬁcations and experience with similar projects, capacity and technical capabilities, proposed work plan, cost, and references. Of the four proposals received, the committee selected Aptemiz, Inc. as the preferred choice to develop City's Cost Allocation, OMB and Internal Service Fund Rate Plans.
116
46700.00100\40935195.1

BB&K (2024) -1- PROFESSIONAL SERVICES AGREEMENT

PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO
AND

APTEMIZ, INC

1. PARTIES AND DATE.

This Agreement is made and entered as of ____________, by and between the City of Ontario, a municipal corporation organized under the laws of the State of California with its principal place of business at 303 East “B” Street, Ontario, California 91764-4196, County of San Bernardino, State of California ("City") and Aptemiz, a Corporation, with its principal place of business at 1309 Coffeen Ave, Ste 1200 Sheidan, WY 82801, services for this contract are operating out of 14125 Haynes St.,Van Nuys, CA 91401 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing Cost Allocation Plan, Certified OMB Plan, & Internal Service Fund Rate Plans services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the Cost Allocation Plan, Certified OMB Plan, & Internal Service Fund Rate Plans project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the 117
46700.00100\40935195.1

BB&K (2024) -2- PROFESSIONAL SERVICES AGREEMENT

Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from August 19, 2025 to June 30, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Eighty Thousand Dollars and Zero cents ($180,000) without written approval of the City Council or City Manager, as applicable. If the contract is extended by the City for two (2) additional one-year terms the compensation shall not exceed Sixty Thousand Dollars and Zero cents ($60,000) per fiscal year. The total compensation shall not exceed Three Hundred Thousand dollars and Zero cents ($300,000). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.2.5 Automated Clearing House (“ACH”) payments. It is the City’s policy to pay its consultant invoices via electronic fund transfers through the ACH network. All payments due and owing pursuant to a properly issued and correct invoice or under this Agreement shall be made through electronic ACH transfers, unless otherwise agreed upon by both Parties in writing. 118
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BB&K (2024) -3- PROFESSIONAL SERVICES AGREEMENT

Consultant shall provide the City with ACH payment details whereby the City shall initiate the ACH transfers to Consultant in the amount required pursuant to a properly issued and correct invoice or under this Agreement. Each Party shall undertake any and all required actions and execute any required documents, instruments, or agreements required to effectuate the requirements of this Section. In the event the City erroneously deposits funds into an account, or otherwise deposits funds to which Consultant is not entitled: (1) Consultant shall immediately notify the City and the financial institution; (2) Consultant shall not withdraw any of the funds which were erroneously deposited or to which Consultant is not entitled; and (3) Consultant authorizes both the City and financial institution to take all actions necessary to correct the error and return to the City all funds erroneously deposited or to which Consultant is not entitled.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Nicolie Lettini, Chief Cost Allocation & Compliance Expert, Kimberly Konczak, Director of Cost Allocation & Compliance
119
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BB&K (2024) -4- PROFESSIONAL SERVICES AGREEMENT

3.3.5 City's Representative. The City hereby designates Armen Harkalyan, Executive Director of Finance or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Nicolie Lettini, Chief Cost Allocation & Compliance Expert or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such 120
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Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 121
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
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(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $2,000,000 per occurrence and no less than $4,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $2,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $2,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability: (1) Additional Insured: The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a 123
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thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) This insurance shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such 124
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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
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(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll 126
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records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

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

3.5 Termination of Agreement.

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

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

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

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or 127
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volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.7 General Provisions.

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

3.7.2 Independent Contractors and Subcontracting.

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

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

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

Consultant: Aptemiz, Inc.
14125 Haynes St.

Van Nuys, CA 91401
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ATTN: Nicolie Lettini, Chief Cost Allocation & Compliance Expert
City: City of Ontario
303 East “B” Street
Ontario, CA 91764
ATTN: Armen Harkalyan, Executive Director of Finance
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at 129
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City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 130
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3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

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

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

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

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

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

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of 131
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BB&K (2024) -16- PROFESSIONAL SERVICES AGREEMENT

this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
Aptemiz, Inc.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ONTARIO Aptemiz, Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

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

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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BB&K (2024) Exhibit “A”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "A"

SCOPE OF SERVICES
A. Work with the applicable Department in developing service provisions, cost categories, and allocation criteria for current and future programs.

B. Develop an electronic cost allocation model for calculating the full costs of providing each City service.

C. The cost allocation model developed shall be provided to the City electronically in Microsoft Excel, tabulated for compatibility with Excel Pivot Tables, and formatted to provide the ability to add or delete, and/or update information as needed. If the vendor uses its own software, system and/or web portal, then the City also shall have access to mentioned systems and have the ability to add or delete, and/or update information as needed.

D. Develop an Overhead Cost Allocation Plan Model for calculating the full costs of providing each City service and an OMB plan (applicable plan for use with Federal Grants and Programs). These Cost Allocation Plans must comply with all aspects of Federal Office of Management and Budget’s Circular 2 CFR Part 225 (formerly known as OMB A-87, which is titled Part 225 Cost Principles for State, Local and Indian Tribal Governments), Proposition 218 and the California State Controller’s Hand book of Cost Plan Procedures for Counties.

E. The Cost Allocation Plan, the Certified OMB Plan and ISF Rate Plans may include recovering costs for the following City Funds / Operations:

1. Cost Allocation & Certified OMB Plans:
a. General Fund
b. Citywide Fully-Burdened Hourly Staff Labor Rates

2. ISF Rate Plans:
a. Information Technology
b. Equipment Services
c. Facilities Maintenance
d. Liability

F. Develop a model and methodology for gathering data and periodically updating the model as new costs are added or old costs are eliminated or modified. The model should use a spreadsheet or database format that automatically recalculates as cost items are inputted.

G. The model shall provide for “what if”/sensitivity analysis that would easily determine how cost allocations are charged to a department and how a department would be impacted as costs, allocation methods, and services are modified, added, or removed from the plan.

H. The requirements of the model shall allow for the addition or removal of direct and overhead costs so that the cost allocation plans can be developed from a simple plan to a progressively more inclusive plan.

I. Shall have the ability to continuously update the model from year to year as the organization changes.
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BB&K (2024) Exhibit “A”-2 PROFESSIONAL SERVICES AGREEMENT

J. Evaluate the City’s administrative costs associated with the Capital Improvement Projects and establish a rate structure for recovery of costs from these projects.

K. The cost allocation model developed shall include a summary report or a file highlighting changes and significant variances by version and fiscal years as revisions are made until the Cost Plan is finalized.

L. Reports should be provided in summary format that compares allocations from version to version, and year to year. End users should be able to drill down into the details via the use of Microsoft Excel Pivot Tables or other suitable methods.

M. Summary reports or schedules shall be available to verify the inputs, amounts, and costs that are to be spread among the departments. The reports should be prepared in a manner so that is not an administrative burden to the City to verify the plan. The final Cost Plan shall include a Summary Report or a Walk-Through Report to demonstrate how costs flow from the cost to be allocated schedules to the cost exhibit. This report is in addition to the full-cost allocation plan and can be used as a reference by all staff reading the report.

N. All reports shall be prepared in a manner that is easy to read and understand by City staff.

O. Prepare overhead cost allocation plan and participate in the presentation to the City Manager, City staff and/or City Council. Collect and document comments and concerns from City staff and Council members

135
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BB&K (2024) Exhibit “B”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "B"

SCHEDULE OF SERVICES
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BB&K (2024) Exhibit “C”-1 PROFESSIONAL SERVICES AGREEMENT

EXHIBIT "C"

COMPENSATION
Aptemiz proposes a transparent, all-inclusive fixed fee for the development of the Cost Allocation Plans (CAPs) and Internal Service Funds (ISF) Cost Allocation Plans for each fiscal year from FY 2026 through FY 2028. This pricing includes all labor, project Cost Allocation Plan, Certified OMB Plan, and ISF Rate Plans for Various City Funds City of Ontario, RFP No. 1928 management, meetings, documentation, Excel-based tools, audit support, and up to two optional training sessions annually. No additional fees will be incurred for travel, administrative overhead, or post- submission revisions. We are also including optional pricing for renewal years (FY 2029 and FY 2030), which the City may exercise at its discretion.

All prices are fixed and inclusive of meetings, revisions, final deliverables, and ongoing audit or grant support throughout each contract year.

Hourly Rates for Additional Work

137
Department: Police Department
Prepared By: Erin Klenske
Department: Police Department
Prepared By: Erin Klenske
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

UPDATE OF AUTHORIZED AGENT RESOLUTION PERTAINING TO FEDERAL

AND/OR STATE FINANCIAL GRANT ASSISTANCE

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct fiscal impact associated with this item.

BACKGROUND & ANALYSIS:

The City of Ontario regularly applies for eligible grants from the Federal Department of Homeland Security and Federal Emergency Management Agency (“FEMA”), which are administered by the State of California Governor’s Oﬃce of Emergency Services (“Cal OES”), including but not limited to the Emergency Management Performance Grant (EMPG), Urban Area Security Initiative (UASI), State Homeland Security Grant Program (SHSGP), Hazard Mitigation Grant Programs (HMGP) and Edward Byrne Memorial Justice Assistance Grant Program (JAG).

Additionally, as federal disasters are declared, or state disasters are proclaimed, authorized Staﬀ submit documentation to CalOES and FEMA regarding expenses and losses incurred by the City of Ontario during a disaster. A current agent’s Resolution maintains the City of Ontario’s eligibility to apply for said eligible grants and disaster assistance.

CalOES also requires that the City submit written authorization from the City Council providing speciﬁc standard assurances that the City Council, on behalf of the City, agrees (a) to provide all 138
matching funds required for the project speciﬁed in the grant application and that any cash match will be appropriated as required, (b) that any liability arising out of the performance of the grant agreement shall be the responsibility of the City, (c) that the grant funds shall not be used to supplant expenditures controlled by the City Council, and (d) that the City oﬃcial executing the grant agreement is authorized to do so (collectively, the “Standard Grant Assurances”).

Approval of this Resolution will bring the City into compliance with new grant applications and requests for disaster assistance. The new Resolution updates the list of authorized positions as follows: City Manager, Assistant City Manager, Emergency Manager, Fire Chief, Fire Administrative Director, Police Chief, and Police Administrative Director.

It is recommended that the revised Resolution be eﬀective for all open and future disasters and Eligible Grants effective for three years from adoption of the revised Resolution. 139
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING PERSONS HOLDING CERTAIN

DESIGNATED POSITIONS TO EXECUTE EMERGENCY MANAGEMENT

AND HOMELAND SECURITY GRANT DOCUMENTS FOR AND ON

BEHALF OF THE CITY OF ONTARIO FOR THE PURPOSE OF

OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR
STATE FINANCIAL ASSISTANCE AND RESCINDING RESOLUTION NO. 2021- 077.

WHEREAS:, the City of Ontario (the "City") regularly applies for Emergency Management and Department of Homeland Security Grants (hereinafter collectively referred to as "Eligible Grants") from the Fed eral Department of Homeland Security, Federal Emergency Management Agency ("FEMA"), which· are administered by the State of California Governor's Office of Emergency Services ("CalOES"), including but not limited to the Emergency Management Performance Gra nt, State Homeland Security Grant Program, Urban Area Security Initiative (UASI), Hazard Mitigation Grant Program, Edward Byrne Memorial Justice Assistance Grant Program (JAG) other "Eligible Grants," and

WHEREAS, as federal disasters are declared, or sta te disasters are proclaimed, authorized staff submits documentation to CalOES and FEMA regarding expenses and losses incurred by Ontario during a disaster. A current agent resolution maintains Ontario’s eligibility to apply for Eligible Grants and disaster assistance.

WHEREAS, as part of such applications for Eligible Grants, CalOES requires that the City submit written authorization from the City Council providing specific standard assurances that the City Council, on behalf of the City, agrees (a) to provide all matching funds required for the project specified in the grant application and that any cash match will be appropriated as required, (b) that any liability arising out of the performance of the grant agreement shall be the responsibility of the Ci ty, (c) that the grant funds shall not be used to supplant expenditures controlled by the City Council, and (d) that the City official executing the grant agreement is authorized to do so (collectively, the "Standard Grant Assurances"); and

WHEREAS, the City Council of the City of Ontario ("City Council") has previously designated and authorized certain officials, named below, as the City of Ontario’s ("City") agents for purposes of applying and obtaining said Eligible Grants, executing grant agreements an d other required documents, and taking any actions necessary to implement such grant agreements and other " required documents:

City Manager
Assistant City Manager
Emergency Manager
Fire Chief
Fire Administrative Director
Police Chief
140
Police Administrative Director

WHEREAS, the City of Ontario desires to rescind Resolution No. 2021- 077 and adopt this revised Resolution to replace it.

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

1. Resolution No. 2021- 077 is hereby rescinded.

2. The following City officials are the City's agents for purposes of applying and obtaining Eligible Grants, executing grant agreements and other required documents, and taking any actions necessary to implement such grant agreements and other required documents: City Manager, Assistant City Manager, Emergency Manager, Fire Chief, Fire Administrative Director, Police Chief, and Police Administrative Director.

3. This is a universal resolution and is effective for all open and future disasters and grants up to three (3) years following the date of approval as set forth below.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 19th day of August, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
141

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025 - duly passed and adopted by the Ontario City Council at their regular meeting held August 19, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

142
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING PERSONS HOLDING CERTAIN

DESIGNATED POSITIONS TO EXECUTE EMERGENCY MANAGEMENT

AND HOMELAND SECURITY GRANT DOCUMENTS FOR AND ON

BEHALF OF THE CITY OF ONTARIO FOR THE PURPOSE OF

OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE AND/OR
STATE FINANCIAL ASSISTANCE AND RESCINDING RESOLUTION NO. 2021- 077.

City Manager
Assistant City Manager
Emergency Manager
Fire Chief
Fire Administrative Director
Police Chief
143
Police Administrative Director

WHEREAS, the City of Ontario desires to rescind Resolution No. 2021- 077 and adopt this revised Resolution to replace it.

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

1. Resolution No. 2021- 077 is hereby rescinded.

3. This is a universal resolution, effective for all future disasters impacting the City, and applies to all open and future grant applications resulting from such disasters, granting up to three (3) years following the date of approval as set forth below.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 19th day of August 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER, LLP
144

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 5- duly passed and adopted by the Ontario City Council at their regular meeting held August 19, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

145
Department: Communications and Community
Relations
Prepared By: Tricia Almiron
Staff Member Presenting: Darlene M. Sanchez,
Assistant City Manager
Approved By:

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

DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES

ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct fiscal impact by taking this action.

BACKGROUND & ANALYSIS:

The conference will feature keynote speakers and presentations on key topics for local leaders, plus numerous opportunities for peer-to-peer sharing with fellow California city oﬃcials. The Expo Hall will provide opportunities to engage with organizations that provide essential services to cities. The member-driven General Assembly and Resolutions process will take place during the conference. This is an opportunity for a wide range of members to participate in the development of Cal Cities policy.
146
Department: Utilities
Prepared By: Jonathan Yang
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

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

A CONSTRUCTION CONTRACT WITH NORSTAR PLUMBING & ENGINEERING INC., A PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP INC., AND AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE INC., FOR THE DOWNTOWN WATER MAIN IMPROVEMENT PROJECT

CITY OF ONTARIO
Agenda Report
August 19, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

Approve and authorize the City Manager, or designee to execute a Professional Services Agreement with Ardurra Group Inc., of Newport Beach, California, for a total not-to-exceed amount of $179,479 for construction engineering services and a term from August 19, 2025 to August 19, 2027.

C
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
147
FISCAL IMPACT:

The recommended Contract award to Norstar Plumbing & Engineering Inc. is for $7,734,413 plus a 15% contingency of $1,160,161 for a total not-to-exceed amount of $8,894,574.

The proposed Professional Services Agreement with Ardurra Group Inc. is for a total not-to-exceed amount of $179,479. Proposed Amendment No. 1 to Ninyo & Moore Inc. increases the agreement by $141,136 for a total revised agreement amount of not-to-exceed $291,136. The total cost for the recommended action is $9,215,189.

The FY 2025-26 Adopted Budget includes appropriations from the Water Capital Fund for the
construction and construction support services for this project. This project is one of several projects identiﬁed in the Water Revenue Bond issuance approved by the City Council on July 16, 2024. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City’s potable water system includes approximately 630 miles of pipeline. The Water Master Plan calls for an ongoing Capital Improvement Program (CIP) to replace aged, ﬁre ﬂow deﬁcient, and undersized pipelines throughout the City. Additionally, Operations Staﬀ has identiﬁed areas of concern in the potable water system that have historically required extensive maintenance and repair. Using the Water Master Plan in conjunction with maintenance data, Staﬀ developed a water main replacement scope in the Downtown area which also includes upsizing water mains to support redevelopment opportunities in the vicinity of this project.

The work under this contract consists of replacing approximately 8,800 linear feet (1.7 miles) of existing water distribution mains ranging from 2-inches in diameter to 12-inches in diameter with 8- inch and 12-inch diameter cement mortar lined coated welded steel pipe (Exhibit “A”). The work will also include the replacement of all valves and appurtenances, including all ﬁre hydrants and water service lines, pavement repair and street restoration.

On May 14, 2025, eight (8) bids were received for Bid No. 1915, Downtown Water Main Improvement Project, OMUC Contract No. UT 1066. The bids ranged from a low bid amount of $7,734,413 to a high bid amount of $10,952,125.

The lowest four (4) bids are summarized below:

Bidder
Location
Amount
Norstar Plumbing &
Engineering Inc.

Alta Loma, CA
$7,734,413
Gentry Brothers Inc.

Irwindale, CA
$7,802,410
Dominguez General
Engineering Inc.

Pomona, CA
$9,107,310
C.P. Construction Co. Inc.

Ontario, CA
$9,123,215

Various support services will be required during construction. Ardurra Group Inc. will provide construction engineering services, as they are the Engineer of Record and have developed the project's plans and speciﬁcations, Ninyo & Moore Inc. will provide geotechnical and material testing 148
services.

The City ﬁrst contracted with Ninyo & Moore Inc. in May of 2023 after an extensive Request for Qualification selection process for on-call geotechnical and material testing services.

ENVIRONMENTAL REVIEW:

The project has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from CEQA pursuant to Article 19, Section 15031, which states that operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of Class 1 “Existing Facilities” are exempt from the requirements of CEQA. Thus, no further CEQA analysis is required. 149
Exhibit A

150
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Ontario City CouncilAugust 19, 2025

Ontario City Council
August 19, 2025