CITY OF ONTARIO
Regular Council Meeting
FEBRUARY 15, 2022
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 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.
Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].
All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.
Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.
In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.
Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
WEARING A MASK DURING THE PUBLIC MEETING IS STRONGLY
ENCO
URAGED.
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 OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 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 at 6:30 p.m. with Public Comment, immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER
(OPEN SESSION)
ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon
PLEDGE OF ALLEGIANCE
Council Member Valencia
INVOCATION
Dr. Sylvia Lee Mann, Bethel Congregational Church
PUBLIC COMMENTS 6:30 p.m.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.
To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]
. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. APPROVAL OF MINUTES
ATTACHMENT:
20220118 (Not official until approved).docx
2. BILLS & PAYROLL
3. DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 21-22
ATTACHMENT:
20220215 Downtown Ontario CBD FY22-23^01 RESO^RM
ATTACHMENT:
20220215 DOIA ANNUAL REPORT 2021-2022^02 EXH A
4. CHANGE IN FUND OWNERSHIP OF CERTAIN CITY ASSETS
5. A CONSTRUCTION CONTRACT FOR THE 2021 SPRING ALLEY CDBG PAVEMENT
REHABILITATION PROJECT
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.
Minutes for the regular meetings of the City Council and Housing Authority of January 18, 2022, approving same as on file in the Records Management Department.
Bills January 14, 2022 through January 27, 2022, and Payroll January 2, 2022 through January 15, 2022 when audited by the Finance Committee.
That the City Council adopt a Resolution approving the Downtown Ontario Improvement Association (“DOIA”) Annual Report for FY 21-22.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING THE ANNUAL REPORT SUBMITTED BY THE DOWNTOWN ONTARIO
IMPROVEMENT ASSOCIATION FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY 2021-22.
That the City Council authorize the change in designated fund ownership of City asset between the City Fund and Water Fund for the real property located at 404-426 North Euclid Avenue.
That the City Council take the following actions: Reject Superior Paving, Inc.'s bid for the 2021 Spring Alley Community Development Block Grant (CDBG) Pavement Rehabilitation Project as being non-responsive; Award a construction contract (on file in the Records Management Department) with Onyx Paving Company, Inc. of Anaheim, California, for the 2021 Spring Alley CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220215 CDBG Spring Alley CDBG Pavement Rehab Project^01 EXH A
ATTACHMENT:
20220215 CDBG Spring Alley CDBG Pavement Rehab Project^02 EXH B
6. STORMWATER PERMIT COMMON INTEREST, JOINT DEFENSE, AND CONFIDENTIALITY
AGREEMENT
7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20027 LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE
DRIVE AND HAMNER AVENUE
ATTACHMENT:
20220215 Parcel Map No. 20027^01 EXH A
ATTACHMENT:
20220215 Parcel Map No. 20027^02^RESO^RM
8. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. FOR THE DEVELOPMENT OF A 50-UNIT HOUSING DEVELOPMENT LOCATED ON APPROXIMATELY 2.15 ACRES OF LAND BORDERED BY TRANSIT STREET ON THE NORTH,
FERN AVENUE ON THE WEST, EMPORIA STREET ON THE SOUTH, AND PALM AVENUE ON THE EAST; AND FIRST AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF
ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $10,000,000.
CDBG Pavement Rehabilitation Project in the bid amount of $545,000 plus a ten percent (10%) contingency of $54,500 for a total authorized expenditure of $599,500; and Authorize the City Manager to execute said contract and all related documents and file a notice of completion at the conclusion of all construction activities.
That the City Council approve and authorize the City Manager to execute the Municipal Separate Storm Sewer System (MS4) Stormwater Discharge Permit Common Interest, Joint Defense, and Confidentiality Agreement (on file in the Records Management Department) between the County of San Bernardino, City of Ontario, and the co-permittee agencies.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20027 located at the southwest corner of Riverside Drive and Hamner Avenue within the Edenglen Specific Plan area.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20027 LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE.
That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):
A
.
Adopt the Resolutions approving the First Amendment to the Disposition and Development Agreement ("First Amendment to DDA") between the Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on file with the Records Management Department); and
B
.
Approve the First Amendment to City Grant Agreement ("First Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220215 Emporia Place^01 EXH A
ATTACHMENT:
20220215 OHA-Resolution for First Amendment to Emporia Phase II Disposition and Development Agreement^04^RESO^RM
ATTACHMENT:
20220215 OHA- City Reso First Amendment City Grant Agreement to OHA for Emporia Phase II^05 RESO^RM
ATTACHMENT:
20220215 OHA- Authority Reso for First Amendment City Grant Agreement to OHA for Emporia Place II^06 RESO^RM
9. LEGISLATIVE PLATFORM
ATTACHMENT:
2022 Legislative Platform - Final .docx
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND
PAYMENT PROGRAMS FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE amount not to exceed $10,000,000 (on file with the Records Management Department); and
C
.
Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING A FIRST AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING THAT CERTAIN FIRST AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE GRANT OF
STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING THAT CERTAIN FIRST AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE
GRANT OF STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.
That the City Council approve the 2022 Legislative Platform.
That the City Council adopt a Resolution authorizing the City Manager, or designee, to execute the Department of Resources Recycling and Recovery (CalRecycle) grants and payment programs related documents, in a form approved by the City Attorney.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALIFORNIA
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220215 CalRecycle Grants Management^01 RESO^RM
11. CONSTRUCTION MANAGEMENT AND ENVIRONMENTAL ADDENDUM TO THE EIR FOR THE GREAT PARK PHASE 1 AND AMENDMENT FOR CLEAN CALIFORNIA LOCAL GRANT
APPLICATION
12. APPROVAL OF ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING(S)
ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR SPECIFIED PUBLIC SAFETY
GROUPS, APPROVAL OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR TEAMSTERS LOCAL 1932,
AMENDMENTS TO THE COMPENSATION AND BENEFITS PROFILE FOR PART-TIME
EMPLOYEES AND EXECUTIVE MANAGEMENT IN ADDITION TO A RESOLUTION TO APPROVE
SALARY RANGES AND ARPA PREMIUM FOR THE APPOINTIVE POSITIONS OF CITY
MANAGER, FIRE CHIEF, AND POLICE CHIEF, AND AUTHORIZE THE CITY MANAGER TO MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENT.
ATTACHMENT:
POA Side Letter Amend and Extend MOU FINAL 02092022.pdf
ATTACHMENT:
PMG Side Letter Amend and Extend MOU FINAL.pdf
ATTACHMENT:
Teamsters MOU 2021-2023 Appendix A - B - CC Final 2-15-2022.pdf
ATTACHMENT:
Part-Time Profile Final CC 2-1-2022.pdf
ATTACHMENT:
Compensation and Benefits Profile for City of Ontario Executive Management - CC 7-01-2021 Final.pdf
ATTACHMENT:
Salary Ranges for CM Fire and Police Chief^RESO^RM
That the City Council take the following actions:
A
.
Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc for construction management support and the Environmental addendum to the EIR for the construction of The Great Park Phase 1 in an amount not to exceed $1,478,365; and
B
.
Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc for the Clean California Local Grant application in an amount not to exceed $8,000.
That the City Council approve a
one-year extension to the Memorandum of Understanding(s) regarding wages, hours, and other terms and conditions of employment between the City of Ontario and the Ontario Police Officers Association and the Ontario Police Management Group from July 1, 2022 through June 30, 2023; approve, contingent upon ratification, a two-year Memorandum of Understanding regarding wages, hours, and other terms and conditions of employment between the City of Ontario and Teamsters Local 1932 from July 1, 2021 through June 30, 2023 pursuant to actions this group will be taking on February 11, 2022; approve
amendments to the Compensation and Benefits Profile for Part-time Employees and the Compensation and Benefits Profile for Executive Management effective July 1, 2021, including a Resolution to approve salary ranges and ARPA Premium for the appointive positions of City Manager, Fire Chief, and Police Chief.
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
13. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT, AND TWO
AMENDMENTS FOR THE WATER MAIN REPLACEMENT PROJECT
ATTACHMENT:
20220215 UT1043^01 Exhibit A.pdf
That the City Council take the following actions:
A
.
Approve the plans and specifications and award Contract No. UT 1043 (on file in the Records Management Department) to Gentry Brothers, Inc. of Irwindale, California, for the construction of the Water Main Replacement Project, in the amount of $6,733,324 plus a 15% contingency of $1,009,999, for a total amount of $7,743,323; 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 the project.
B
.
Approve and authorize the City Manager or designee to execute a Professional Services Agreement (on file in the Records Management Department) with SA Associates, of Arcadia, California in the amount of $132,000 plus a 15% contingency of $19,800, for a total amount of $151,800 for construction engineering services.
C
.
Approve and authorize the City Manager or designee to execute two amendments (on file in the Records Management Department) with Kleinfelder, Inc., of Ontario, California, in the amount of $103,765 plus a 15% contingency of $15,565, for a total amount of $119,330 for geotechnical and material testing services; and Wallace and Associates Consulting, Inc., of Murrieta, California, in the amount of $182,068 plus a 15% contingency of $27,310, for a total amount of $209,378 for construction management services.
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