CITY OF ONTARIO
Regular Council Meeting | JANUARY 18, 2022
Online Meeting
www.ontarioca.gov/Agendas/CityCouncil
MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN
WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.
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. To comment by telephone call 909-395-2900 on the day of the meeting.
Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up.
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.
All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 5
:00 p.m.
, Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER
(OPEN SESSION)
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. A RESOLUTION AUTHORIZING REMOTE TELECONFERENCE/VIRTUAL MEETINGS PURSUANT TO ASSEMBLY BILL 361
ATTACHMENT:
20220118 Virtual Meetings Under AB 361^RESO^RM
ATTACHMENT:
20220118 Closed Session
ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon
ADMINISTRATIVE REPORT/DISCUSSION/ACTION
That if the City Council desires to meet virtually without posting the agenda at each location from where each Councilmember attends, that the City Council make findings authorizing remote teleconference/virtual meetings of the City Council pursuant to Assembly Bill 361 (“AB 361”) based on the ongoing COVID-19 pandemic.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL 361.
CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Members of the public who wish to provide a comment to Closed Session may do so by calling 909-395-2900 at 4:45 p.m. or by emailing [email protected] no later than 4:00 p.m. on the day of the meeting.
CLOSED SESSION
GC 54957.6, LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, Part-time Employees, Department Heads, Executives, Ontario Professional Firefighters Association Local 1430; Ontario Fire Management Group, Ontario Police Officers Association, and the Ontario Police Management Group.
PLEDGE OF ALLEGIANCE
Council Member Bowman
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220118.National Blood Donor Month^01 Proclamation
REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS
6:30 p.m.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.
All members of the public who wish to provide a general comment or address a specific agenda item may do so by calling 909-395-2900 starting at 6:00 p.m. 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 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.
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.
SPECIAL CEREMONIES
A PROCLAMATION RECOGNIZING JANUARY AS NATIONAL BLOOD DONOR MONTH That the City Council proclaim the month of January 2022 as National Blood Donor Month and support the efforts of blood centers and community organizations efforts to encourage blood donations.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
2. APPROVAL OF MINUTES
ATTACHMENT:
20211207 Minutes (Not official until approved).pdf
ATTACHMENT:
20211221 Minutes (Not official until approved).pdf
3. BILLS & PAYROLL
4. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY MEETING
5. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO
COUNTY TAX ROLLS
ATTACHMENT:
20220118 Comm Imp Special Assessments for County Tax
Rolls^02^RESO^RM
ATTACHMENT:
20220118 Comm Imp Special Assessments for County Tax Rolls^03 EXH A
ATTACHMENT:
20220118 Comm Imp Special Assessments for County Tax Rolls^04 EXH B
ATTACHMENT:
20220118 Comm Imp Special Assessments for County Tax Rolls^05 EXH C
6. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND CASEWORTHY, INC.
Minutes for the regular meetings of the City Council and Housing Authority of December 7, 2021 and December 21, 2021, approving the same as on file in the Records Management Department.
Bills December 3, 2021 through December 23, 2021 and Payroll November 20, 2021 through December 18, 2021 when audited by the Finance Committee.
That the City Council appoint Council Member Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.
That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS
ON PROPERTY TAX BILLS FOR CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
That the City Council approve Amendment No. 2 to the Professional Services Agreement (“Agreement”) between CaseWorthy, Inc. of Salt Lake City, Utah, and the City of Ontario for additional work to develop a database system for the Continuum of Care Disaster Response, CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
7. AB 1600 DEVELOPMENT IMPACT FEE (DIF) ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 (UNAUDITED)
ATTACHMENT:
20220118 AB1600 Report (unaudited)^01 EXH A
8. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-004) BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05-ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND USE DISTRICT
OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111-34
ATTACHMENT:
20220118 File No. PDA21-004 LHC Ontario Holdings LLC^01 EXH A & B
ATTACHMENT:
20220118 File No. PDA21-004 LHC Ontario Holdings LLC 03^ORD^RM
ATTACHMENT:
20220118 File No. PDA21-004 LHC Ontario Holdings LLC^04 AGMT
9. PROFESSIONAL SERVICES AGREEMENT WITH KOFF & ASSOCIATES FOR A CLASSIFICATION
AND COMPENSATION STUDY FOR THE ONTARIO MUNICIPAL UTILITIES COMPANY AND
THE INTEGRATED WASTE DEPARTMENT
adding the amount of $35,640, for a total contract amount of $211,033.
That the City Council accept the City of Ontario’s AB 1600 Development Impact Fee (DIF) Annual Report for Fiscal Year ended June 30, 2021 (unaudited).
That the City Council consider and adopt an ordinance approving the Development Agreement (File No. PDA21-004) between the City of Ontario and LHC Ontario Holdings, LLC., to establish the terms and conditions for development of Tentative Tract Map 18916 (File No. PMTT21- 011), an 11.05-acre property located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-004, A DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05 ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7
LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-111-34.
That the City Council approve and authorize the City Manager to award the Professional Services Agreement (on file with the Records Management Department) to Koff & Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for the Classification and Compensation Study for the Ontario Municipal Utility Company (OMUC) and the Integrated Waste Department in the amount of $123,420, plus 15% ($18,513) contingency for a total authorized expenditure not to exceed $141,933.
CITY OF ONTARIO Regular Council Meeting
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10. AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA)
ATTACHMENT:
20220118 CFD No. 56 Parkside La Avenida 01^ORD^RM
11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.
ATTACHMENT:
20220118 Amending Sidewalk Vending^01 ORD^RM
12. A CONTRACTUAL SERVICES AGREEMENT, STATEMENT OF WORK, AND LICENSE
AGREEMENT FOR UPGRADING THE CITYVIEW CODE ENFORCEMENT SYSTEM
13. THE PURCHASE AND RENEWAL OF THE EXISTING WORK ORDER AND ASSET MANAGEMENT
SYSTEM FOR PUBLIC WORKS AND ONTARIO MUNICIPAL UTILITIES COMPANY
14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO MUNICIPAL, RELATING TO TOW
SERVICES AND REGULATIONS
That the City Council consider and adopt an ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
LEVYING SPECIAL TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENDIA).
That the City Council consider and adopt an ordinance to amend Chapter 31 to title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL
CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.
That the City Council approve and authorize the City Manager (or his designee) to negotiate and execute a Contractual Services Agreement, Statement of Work, and License Agreement (on file in the Records Management Department) in the amount of $129,092.00 with N. Harris Computer Corporation, to upgrade the City View Code Enforcement system and maintain the software for a three-year term.
That the City Council authorize the City Manager to execute a three (3) year agreement (on file in the Records Management Department) with Azteca Systems, LLC, of Sandy, Utah, to renew and extend the use of the Cityworks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) in the amount of $317,341, including an amount of $104,040 for the first year and $106,120 and $107,181 for the optional second and third years.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220118 Towing
Modifications EXHIBIT A
ATTACHMENT:
20220118 Tow Ordinance Update to OMC Sec. 4-19.06 ORD^RM
15. A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A ZONE CHANGE (FILE NO. PZC21-001) AMENDING THE ZONING DESIGNATION ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE; APN:1050-441-05.
ATTACHMENT:
20220118 File No. PZC21-001^02 PC Backup
ATTACHMENT:
20220118 File No. PZC21-001^03^RESO-ADDENDUM^RM
ATTACHMENT:
20220118 File No. PZC21-001^04^RESO^ATTACHMENT-ADDENDUM That the City Council adopt an ordinance amending Chapter 19 of Title 4 of Volume I to the Ontario Municipal Code, relating to tow services and regulations.
AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-
19.06 OF THE CITY OF ONTARIO MUNICIPAL CODE RELATED TO TOWING REGULATIONS AND THE ROTATIONAL TOW PROGRAM.
PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.
That the City Council consider the following:
A
.
A Resolution approving the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140); and B
.
The introduction and waiving of further reading of an ordinance approving a Zone Change (File No. PZC21-001) amending the zoning designation on 2.77 acres of land located at 1948 South Bon View Avenue, from IL (Light Industrial) to IG (General Industrial).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN ADDENDUM TO THE ONTARIO PLAN ENVIRONMENTAL IMPACT REPORT (SCH # 2008101140), PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PZC21- 001, PDEV21-030, AND PHP21-015.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC21-001, A ZONE CHANGE ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1050- 441-05.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220118 File No. PZC21-001^05^ORD^RM
16. AUTHORIZE THE PURCHASE OF FIBER OPTIC MATERIALS AND EQUIPMENT AS PART OF THE
EXPANSION OF THE CITY'S BROADBAND/FIBER OPTIC NETWORK
17. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT FOR WATER MAIN
REPLACEMENT PROJECT
ATTACHMENT:
20220118 UT1060 Replacements Agenda Map^01 EXH A
18. A CONSTRUCTION CONTRACT AND A PROFESSIONAL SERVICES AGREEMENT FOR WELL NOS. 37 & 39 ION EXCHANGE TREATMENT FACILITY PROJECT
ATTACHMENT:
20220118 UT1029 37-39 IX Plant^01 EXH A
19. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000.00 AND RELATED
MATTERS
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
Award Bid number 1480 for the purchase and delivery of fiber optics cable, material, and equipment in the amount of $1,201,741 plus applicable taxes and shipping to Procom Supply, LLC of Denver, Colorado.
That the City Council approve and authorize the City Manager to execute Amendment No. 7 to the on-call Design Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California in the amount of $835,929, plus a 15% contingency of $125,389 for a total amount of $961,318 and extend the term of the Agreement by one (1) year, the first extension of the original Agreement.
That the City Council take the following actions:
A
.
Approve the plans and specifications and award Contract No. UT 1029 (on file in the Records Management Department) to Pacific Hydrotech Corporation of Perris, California, for the construction of Well Nos. 37 & 39 Ion Exchange Treatment Facility Project, in the amount of $10,080,500 plus a 15% contingency of $1,512,075, for a total amount of $11,592,575; and authorize the City Manager to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.
B
.
Approve and authorize the City Manager to execute a Professional Services Agreement (on file in the Records Management Department) with GHD, Inc. of Irvine, California, for construction management services in the amount of $915,279 plus a 15% contingency of $137,292 for a total amount of $1,052,571.
That the City Council consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 41 (Canvas Park Facilities) Special Tax Bonds, Series CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20210118 CFD 41 Canvas Park Facilities^01 RESO^RM
2022.
A
.
Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Canvas Park Facilities project and the Ontario Ranch development;
B
.
Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; C
.
Authorize a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement; and
D
.
Authorize the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, the First Amendment to Acquisition and Funding Agreement, a deemed final certification in connection with the Preliminary Official Statement, a final Official Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000.00,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND
PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND A FIRST
AMENDMENT TO ACQUISITION AND FUNDING AGREEMENT, AUTHORIZING THE
DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND
AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.
STAFF MATTERS
CITY MANAGER OCHOA
COUNCIL MATTERS
MAYOR LEON
MAYOR PRO TEM WAPNER
COUNCIL MEMBER BOWMAN
COUNCIL MEMBER DORST-PORADA
COUNCIL MEMBER VALENCIA
ADJOURNMENT
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov