ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
JANUARY 18, 2022
JOINT MEETINGS
Pursuant to AB 361, the regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, January 18, 2022 on OntarioTV at www. ontarioca. gov/ Agendas/ CityCouncil.
CALL TO ORDER
MayorLeoncalledtheJoint CityCouncilandOntarioHousingAuthoritymeetingsto order at 5:02p. m.
ROLL CALL
PRESENT: Mayor/ Chairman
Mayor pro TemNice Chair
Council/Authority Members:
ABSENT: Council/Authority Members
Paul S. Leon
Alan D. Wapner,
Jim W. Bowman, Debra Dorst- Porada
and Ruben Valencia.
None.
Also present were City Manager / ExecutiveDirectorScott Ochoa, City Attorney/Legal CounselRubenDuran, andCityClerk/SecretarySheilaMautzall participatingvirtually.
ADMINISTRATIVE REPORT/ DISCUSSION/ ACTION
1. A RESOLUTION AUTHORIZING REMOTE TELECONFERENCE/ VIRTUAL MEETINGS PURSUANT TO ASSEMBLY BILL 361
That if the City Councildesires to meet virtually without postingthe agenda at each location from where each Councilmemberattends, that the City Council make findings authorizingremoteteleconference/virtual meetingsof the City Council pursuant to Assembly Bill 361 ("AB 361 ") based on the ongoing COVID- 19 pandemic.
RESOLUTION NO. 2022- 001 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.
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MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst- Porada and carried by unanimous roll call vote 5-0, to adopt Resolution No. 2022- 001.
CLOSED SESSION PUBLIC COMMENT
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session item. Hearing no one, City Attorney Duran announced the matters for discussion, as listed on the agenda, and the City Council recessed to Closed Session at 6:04 p.m. for discussion of the following:
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.
CALL TO ORDER — OPEN SESSION
Mayor Leon called the City Council and Ontario Housing Authority meetings to order at 6:34p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
In lieu of the invocation, Mayor Leon led a moment of silence.
REPORT ON CLOSED SESSION
There was no other reportable action.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced the following emailed comments.
Darian Dadras, regarding noise prevention.
John Blaine, requested a stop sign on Oaks Avenue and D Street.
Steve Hult, regarding the American Disabilities Act.
Zain Mehdi, regarding truck traffic.
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JessicaLopez, requestedadditionalresourcesfor the OntarioPoliceDepartmentto help with the Jesus Sanchez investigation
Shari Wasson, regarding burrowing owl population on Ontario International Airport property.
Lois P. Sicking, regarding burrowing owl population on Ontario International Airport property.
LuisaSanchez, requestingan American Footballprogram in the Cityof Ontario.
Maria Ramualdo, seeking justice for her son Jesus Alfredo Sanchez.
Mayor Leon called for the first caller on the line:
Shari Wasson, spoke regardingburrowingowl populationon Ontario InternationalAirport property.
Lois P. Sicking, spoke regarding burrowing owl population on Ontario InternationalAirport property.
Al Boling, spoke regarding LifeStream Blood Bank.
Damariz Lopez, spoke about the Jesus Alfredo Sanchez case.
Natasha, spoke regarding burrowing owl population on Ontario International Airport property.
Adhara, spoke about the Jesus Alfredo Sanchez case.
Darian Dadras, spoke about noise levels in his area and the code compliance of his windows.
AGENDA REVIEW/ ANNOUNCEMENTS
City Manager Ochoa announced updates to Item No. 5 of the agenda and noted the updated material will be added to the record.
SPECIAL CEREMONIES
A PROCLAMATION RECOGNIZING JANUARY AS NATIONAL BLOOD DONOR MONTH
The City Council proclaimedthe month of January 2022 as National Blood Donor Month and supported the efforts of blood centers and community organizations efforts to encourage blood donations.
MayorLeon introducedthe item and spoke on the importanceof donatingblood. 114
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CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst- Porada and carried by unanimous roll call vote 5-0, to approve the Consent Calendar as presented.
Emailed Public Comment:
Loree Masonis, in opposition of Consent Calendar Item No. 11.
2. APPROVAL OF MINUTES
The City Council approved 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.
3. BILLS & PAYROLL
Approved Bills from December 3, 2021 through December 23, 2021 in the amount of $ 39, 569, 956. 26 and Payroll November 20, 2021 through December 18, 2021 in the amount of $8,416,745.83, when audited by the Finance Committee.
4. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS ( SCAG) ANNUAL GENERAL ASSEMBLY
MEETING
The City Council Appointed Council Member Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.
5. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN
BERNARDINO COUNTY TAX ROLLS
The City Council adopted 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.
RESOLUTION NO. 2022- 002 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.
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6. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND CASEWORTHY, INC.
The City Council approved 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, adding the amount of $ 35, 640, for a total contract amount of $ 211, 033.
7. AB 1600 DEVELOPMENT IMPACT FEE ( DIF) ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 ( UNAUDITED)
The City Council accepted the City of Ontario's AB 1600 Development Impact Fee DIF) Annual Report for Fiscal Year ended June 30, 2021 ( unaudited).
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
The City Councilconsideredandadoptedan ordinanceapprovingthe 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.
ORDINANCE NO. 3198 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. 116 Ontario City Council/ Ontario Housing
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9. PROFESSIONAL SERVICES AGREEMENT WITH KOFF & ASSOCIATES FOR A
CLASSIFICATION AND COMPENSATION STUDY FOR THE ONTARIO
MUNICIPAL UTILITIES COMPANY AND THE INTEGRATED WASTE
DEPARTMENT
The City Council approved and authorized the City Manager to award the Professional Services Agreement 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.
10. AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 ( PARKSIDE/ LA AVENIDA) The City Council considered and adopted an ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).
ORDINANCE NO. 3199 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 AVENIDA).
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.
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. Introduction and first reading took place at a regular meeting of the City Council on December 21, 2021.
ORDINANCE NO. 3201 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.
12. A CONTRACTUAL SERVICES AGREEMENT, STATEMENT OF WORK, AND
LICENSE AGREEMENT FOR UPGRADING THE CITYVIEW CODE
ENFORCEMENT SYSTEM
The City Council approved and authorized 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 117
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of $129,092.00with N. HarrisComputerCorporation, to upgradethe CityViewCode Enforcement system and maintain the software for a three- year term.
13. THE PURCHASE AND RENEWAL OF THE EXISTING WORK ORDER AND
ASSET MANAGEMENT SYSTEM FOR PUBLIC WORKS AND ONTARIO
MUNICIPAL UTILITIES COMPANY
The City Council authorized the City Managerto execute a three (3) year agreement with Azteca Systems, LLC, of Sandy, Utah, to renew and extend the use of the Cityworkswork order and asset managementsystem 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.
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
The City Council adopted an ordinanceamendingChapter 19 of Title 4 of Volume I to the OntarioMunicipalCode, relatingto tow servicesand regulations.
ORDINANCE NO. 3202 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
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.
The City Council:
A. Adopted a Resolution approving the use of an Addendum to The Ontario Plan Environmental Impact Report ( State Clearinghouse No. 2008101140); and B. Introducedandwaivedfurther readingof an ordinanceapprovingaZoneChange 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).
RESOLUTION NO. 2022- 003 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE 118
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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 PH P21- 015.
ORDINANCE NO. 3203 ( FIRST READING) 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.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Raymond Smith.
Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one on the phone, Mayor Leon closed the public hearing.
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst- Porada and carried by unanimous roll call vote 5- 0 to introduce Ordinance No. 3203.
ADMINISTRATIVE REPORTS/ DISCUSSION/ ACTION
16. AUTHORIZE THE PURCHASE OF FIBER OPTIC MATERIALS AND EQUIPMENT
AS PART OF THE EXPANSION OF THE CITY' S BROADBAND/ FIBER OPTIC
NETWORK
The City Council awarded 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.
Mayor Leon opened the item for discussion.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous roll call vote 5-0 to award Bid No. 1480 to Procom Supply, LLC.
17. AN AMENDMENT TO THE ON- CALL DESIGN SERVICES AGREEMENT FOR
WATER MAIN REPLACEMENT PROJECT
The City Council approved and authorized the City Manager to execute Amendment No. 7 to the on- call Design Services Agreement with Kleinfelder, Inc. of Ontario, California in the amount of $ 835, 929, plus a 15% contingency of $ 125, 389 for a total W
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amount of $961,318 and extend the term of the Agreement by one (1) year, the first extension of the original Agreement.
Mayor Leon opened the item for discussion.
MOTION: Moved by Council Member Dorst- Porada, seconded by Council Member Bowman and carried unanimous roll call vote 5-0 to authorize the City Manager to execute Amendment No. 7 with Kleinfelder, Inc.
18. A CONSTRUCTION CONTRACT AND A PROFESSIONAL SERVICES AGREEMENT FOR WELL NOS. 37 & 39 ION EXCHANGE TREATMENT
FACILITY PROJECT
The City Counciltook the following actions:
A. Approved the plans and specifications and award Contract No. UT 1029 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 authorized 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. Approved and authorized the City Manager to execute a Professional Services Agreement 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.
Mayor Leon opened the item for discussion.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimous vote 5- 0 to approve a Construction Contract and Professional Services Agreement for Well Nos. 37 and 39 Ion Exchange Treatment Facility Project.
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 The City Councilconsideredand adopteda Resolutionauthorizingthe issuanceof City of Ontario Community Facilities District No. 41 (Canvas Park Facilities) Special Tax Bonds, Series 2022.
A. Authorized 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;
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B. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing DisclosureAgreement, and the PreliminaryOfficial Statement; C. Authorized 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. Authorized the execution of the Indenture, the Bond Purchase Agreement, the Continuing DisclosureAgreement, the FirstAmendment 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.
RESOLUTION NO. 2022- 004 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,
Mayor Leon opened the item for discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner and carried unanimous roll call vote 5- 0 to adopt Resolution No. 2022- 004.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Mayor pro Tem Wapner, made no comments.
Council Member Bowman made no comments.
Council Member Valencia spoke on the success of the Ontario Farmer' s Market and announced extended hours.
Council Member Dorst-Porada spoke about upcoming exhibits at the Ontario Museum of History and Art.
Mayor Leon spoke about upcomingexhibits at the Ontario Museum of History and Art and encouraged residents to attend.
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ADJOURNMENT
MayorLeonadjournedthe meetingsof the JointAgenciesat 7:19 p.m. and announced the next regular meeting to be held on Tuesday, February 1, 2022.
Respectfully submitted,
SHEILA MAUTZ, CITY CL RK/ SE ETARY
APPROVED-.
IPAUL . LEON, MAY / C . AIRMAN