128
ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
FEBRUARY 15, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, February 15, 2022 at OntarioCity Hall 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:31 p.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 / Executive Director Scott Ochoa, City Attorney/ Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The Invocation was led by Dr. Sylvia Lee Mann, Bethel Congregational Church.
PUBLIC COMMENTS
One emailed comment from Victoria Pacheco regarding solar panels was distributed to City Council and entered into the record.
Mayor Leon called upon the first speaker:
Hope Bulderain, announced the upcoming Relay for Life and invited staff and Council to participate.
JenniferYoung, expressedconcernsoverheropencaseand askedfor supportfromthe 129
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Regular Meeting Minutes — February 15, 2022
Ontario Police Department.
Sarah Costales, Director of Development for Shoes That Fit, introduced her non-profit organizationand expressed her desire to support the Ontario community.
Jesse Fonseca, spoke on Brown Act and contracts with the Ontario International Airport Authority.
AGENDA REVIEW/ ANNOUNCEMENTS
CityManagerOchoaaskedMayorandCouncilto adjournthe meetingin memoryof FireCaptain Walter Bratton.
CONSENT CALENDAR
City Attorney Duran announced in accordance with Government Code section 54953 c)( 3), the legislativebody is requiredto orallyreport a summaryof a recommendationfor a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefitsof a local agency executiveduringthe open meetingin which the final action isto be taken. Item No. 12 proposes, in part, the following: An increase of 2% in the base salary range for Executive Management positions. These positions are listed in the Executive Management Compensation and Benefits Profile, which is included in the Agenda Packet. The 2% rangeincreaseshallbeeffectiveJuly4, 2021and againon July3, 2022. Additionally, a one-time payment is being recommended for Executive Management positions, in the amount of $ 10, 000 for those assigned to the Police Department or Fire Department, and $ 7,500for those assignedto all other Cityof OntarioAgencies MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
TheCityCouncilapprovedminutesfor the regularmeetingsof theCityCounciland HousingAuthority of January 18, 2022, approving the same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved Bills from January 14, 2022 through January 27, 2022 in the amount of 20,259,055.38 and PayrollJanuary2, 2022through January 15, 2022 inthe amount of $3,676,758.96, when audited by the Finance Committee. 130 Ontario City Council/ Ontario Housing
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3. DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 21- 22
The City Council adopted a Resolution approving the Downtown Ontario Improvement Association (" DOIA") Annual Report for FY 21- 22.
RESOLUTION NO. 2022- 005 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.
4. CHANGE IN FUND OWNERSHIP OF CERTAIN CITY ASSETS
TheCityCouncilauthorizedthe changeindesignatedfundownershipof Cityasset betweentheCityFundandWaterFundfortherealpropertylocatedat404-426North Euclid Avenue.
5. A CONSTRUCTION CONTRACT FOR THE 2021 SPRING ALLEY CDBG
PAVEMENT REHABILITATION PROJECT
The City Council Rejected Superior Paving, Inc.'s bid for the 2021 Spring Alley CommunityDevelopmentBlockGrant (CDBG) PavementRehabilitationProjectas beingnon-responsive; Awardeda constructioncontractwithOnyxPavingCompany, Inc. of Anaheim, California, for the 2021 SpringAlley CDBG PavementRehabilitation 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 Authorized the City Manager to execute said contract and all related documents and file a notice of completion at the conclusion of all construction activities.
6. STORMWATER PERMIT COMMON INTEREST, JOINT DEFENSE, AND
CONFIDENTIALITY AGREEMENT
TheCityCouncilapprovedandauthorizedtheCityManagerto executetheMunicipal Separate Storm Sewer System ( MS4) Stormwater Discharge Permit Common Interest, Joint Defense, and ConfidentialityAgreement betweenthe County of San Bernardino, City of Ontario, and the co -permittee agencies.
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 The City Council adopted a Resolutionapproving an ImprovementAgreement, 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.
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RESOLUTION NO. 2022- 006 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.
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.
TheCityCounciland the Boardof the OntarioHousingAuthority:
A. Adopted 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"); and B. Approved the First Amendment to City Grant Agreement (" First Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended amount not to exceed $ 10, 000, 000; and
C. Authorized the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.
RESOLUTION NO. OHA- 108 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.
RESOLUTION NO. 2022- 007 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.
RESOLUTION NO. OHA- 109 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 11AFFORDABLE HOUSING PROJECT. 132 Ontario City Council/ Ontario Housing
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9. LEGISLATIVE PLATFORM
The City Council approved the 2022 Legislative Platform.
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
TheCityCounciladopteda Resolutionauthorizingthe CityManager, 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.
RESOLUTION NO. 2022- 008 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.
11. CONSTRUCTION MANAGEMENT AND ENVIRONMENTAL ADDENDUM TO THE EIR FOR THE GREAT PARK PHASE 1 AND AMENDMENT FOR CLEAN
CALIFORNIA LOCAL GRANT APPLICATION
The City Council took the following actions:
A. Authorized 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. Authorized 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.
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.
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The City Council approved 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 ManagementGroupfrom 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 1932from 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 Resolutionto approvesalary ranges and ARPA Premium for the appointive positions of City Manager, Fire Chief, and Police Chief.
RESOLUTION NO. 2022- 009 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, TO APPROVE THE SALARY RANGES AND
THE AMERICAN RESCUE PLAN ACT PREMIUM FOR APPOINTIVE POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.
13. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT,
AND TWO AMENDMENTS FOR THE WATER MAIN REPLACEMENT PROJECT The City Counciltook the following actions:
A. Approved the plans and specifications and award Contract No. UT 1043 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 authorized 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. Approved and authorized the City Manager or designee to execute a Professional Services Agreement 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. Approved and authorized the City Manager or designee to execute two amendments 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.
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STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Council Member Bowman expressed his condolences to the Bratton family regarding Fire CaptainWalter Bratton passing. He also sent his condolencesto the Marangiofamily regarding their recent loss of Joan Marangio.
Mayor pro Tem Wapner expressed his condolences to the Bratton family. Expressed concernsregardinglack of representationon the Chino UnifiedSchool Districtand asked Staff to review the impact of not having a representative on the board.
Council Member Valencia made no comments.
Council Member Dorst- Porada spoke on the Robert Lynn Nelson Art Exhibit at the Chaffey Community Museum of Art.
Mayor Leon spoke on the upcoming Robert Lynn Nelson Art Exhibit and shared his concerns regarding Southern California Edison and solar panels.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:02 p.m. in memory of Fire Captain Walter Bratton and Joan Marangio and announced the next regular meeting to be held on Tuesday, March 1, 2022.
Respectfully submitted,
MHEr WIN wsw
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6 L 971EON, MAk,6RZHAIRMAN