CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
APRIL
5, 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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 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 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)
ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon
PLEDGE OF ALLEGIANCE
Council Member Dorst-Porada
INVOCATION
Pastor Mike Urciuoli, Calvary Chapel Ontario
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 City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. APPROVAL OF MINUTES
ATTACHMENT:
20220301 Minutes (Not official until approved)
2. BILLS & PAYROLL
3. RIGHTS-OF-WAY JOINT USE AGREEMENTS WITH SOUTHERN CALIFORNIA EDISON FOR
RIGHTS-OF-WAY ON ONTARIO RANCH ROAD AND OLD EDISON AVENUE AT MILL CREEK AVENUE
ATTACHMENT:
20220405 Rights-of-Way Joint Use Agreement^01 EXH A
4. A RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE BUS STOP PAD INSTALLATION 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 March 1, 2022, and approve same as on file in the Records Management Department.
Bills February 25, 2022 through March 17, 2022, and Payroll February 25, 2022 through March 12, 2022 when audited by the Finance Committee.
That the City Council approve and authorize the City Manager to execute Joint Use Agreements with Southern California Edison (SCE) for the rights-of-way on Ontario Ranch Road and Old Edison Avenue at Mill Creek Avenue within the Rich Haven Specific Plan area.
That the City Council adopt a Resolution approving the submittal of a claim for $67,050 from the San Bernardino County Transportation Authority (SBCTA) for Transportation Development Act (TDA) Article 3 Funds for the Bus Stop Pad Installation Project and authorize the City Manager, or his designee, to execute all necessary documents to submit a reimbursement claim.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE BUS STOP PAD INSTALLATION PROJECT.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220405 Transportation Development Act Art 3 Claim^01 RESO^RM
5. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21-002) BETWEEN THE
CITY OF ONTARIO AND SHEA HOMES LIMITED PARTNERSHIP, FOR FACILITY CONSTRUCTION ASSOCIATED WITH TRACT MAP 20265 (FILE NO. PMTT19-006 )
, LOCATED
ON THE EAST SIDE OF MILL CREEK AVENUE, APPROXIMATELY 670 FEET SOUTH OF
ONTARIO RANCH ROAD, WITHIN THE STANDALONE RESIDENTIAL LAND USE DISTRICT OF
THE RICH HAVEN SPECIFIC PLAN
6. AN ORDINANCE FOR THE ARTS DISTRICT WEST PLANNED UNIT DEVELOPMENT (FILE NO.
PUD22-001), ESTABLISHING DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND
INFRASTRUCTURE REQUIREMENTS TO FACILITATE A COMMERCIAL DEVELOPMENT ON
0.86-ACRE OF LAND LOCATED AT 125 WEST EMPORIA STREET, WITHIN THE MU-1/LUA-2N (DOWNTOWN MIXED-USE/ARTS DISTRICT - NORTH) AND EA (EUCLID AVENUE OVERLAY) ZONING DISTRICTS (APN: 1049-059-14)
ATTACHMENT:
20220405 File No. PUD22-001 CC^01 PC Backup
ATTACHMENT:
20220405 File No. PUD22-001 CC^02 ORD^RM
ATTACHMENT:
20220405 File No. PUD22-001 CC^03 PUD ATTACHMENT (PUD Doc)
7. SEWER CONNECTION FEE REIMBURSEMENT PILOT PROGRAM
That the City Council approve the Development Impact Fee Credit Agreement (File No. PDIF21- 002) between the City of Ontario and Shea Homes Limited Partnership, for facility construction associated with Tract Map 20265 (File No. PMTT19-006), located on the east side of Mill Creek Avenue, approximately 670 feet south of Ontario Ranch Road, within the Standalone Residential land use district of the Rich-Haven Specific Plan, and have the City Manager execute the Agreement.
That the City Council consider and adopt an Ordinance approving the Arts District West Planned Unit Development, File No. PUD22-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate a commercial development at 125 West Emporia Street.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APROVING FILE NO. PUD22-001, THE ARTS DISTRICT WEST PLANNED UNIT
DEVELOPMENT, ESTABLISHING DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR 0.86-ACRE OF LAND LOCATED AT 125 WEST EMPORIA STREET, WITHIN MU-1/LUA-2N (DOWNTOWN MIXED-USE/ARTS DISTRICT – NORTH) AND EA (EUCLID AVENUE OVERLAY) ZONING DISTRICTS, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-059-14.
That the City Council consider and approve the adoption of the Sewer Connection Fee Reimbursement Pilot Program and authorize City Manager, or his designee, to make any necessary program adjustments and execute all necessary documents to implement the Sewer Connection Fee Reimbursement Pilot Program.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH UC RIVERSIDE
CENTER FOR ECOMONIC FORECASTING AND DEVELOPMENT AT THE SCHOOL OF BUSINESS
ADMINISTRATION, FOR THE PURPOSE OF EXTENDING THE SCOPE, TIME OF
PERFORMANCE, AND THE NOT TO EXCEED AMOUNT
9. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL
CODE, ESTABLISHING A PUBLIC ART PROGRAM, ESTABLISHING A PUBLIC ART ADVISORY
COMMITTEE, AND INCLUDING A DEVELOPMENT FEE TO SUPPORT PUBLIC ART, AND
FINDING THE ACTION EXEMPT FROM CEQA
ATTACHMENT:
20220405 Public Art Fee^01 ORD^RM
10. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT AND OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND SID TOOL, INC.
A SUBSIDIARY OF MSC INDUSTRIAL DIRECT CO., INC. PURSUANT TO GOVERNMENT CODE SECTION 53083.1; AND CONSIDERATION OF A RESOLUTION ACCEPTING THE ECONOMIC
DEVELOPMENT SUBSIDY REPORT, APPROVING THE OPERATING COVENANT AGREEMENT That the City Council a
pprove an amendment to the Professional Services Agreement (on file with the Records Management Department) between UC Riverside ("UCR") Center for Economic Forecasting and Development at the School of Business Administration and the City of Ontario for the purpose of extending the time of performance an additional year, updating the Scope of Work, and increasing the not to exceed amount to $109,500.
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 and take action to add Chapter 33 to Title 5 of Volume I to the Ontario Municipal Code relating to establishing a Public Art Program, establishing a Public Art Advisory committee, and a development fee to support public art.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 33 TO TITLE 5 OF VOLUME I TO THE ONTARIO MUNICIPAL
CODE, ESTABLISHING A PUBLIC ART PROGRAM, ESTABLISHING A PUBLIC ART
ADVISORY COMMITTEE, AND INCLUDING A DEVELOPMENT FEE TO SUPPORT PUBLIC ART, AND FINDING THE ACTION EXEMPT FROM CEQA.
That the City Council take the following actions:
A
.
Hold the public hearing;
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220405 MSC Sid Tool OCA and Economic Subsidy^01 RESO^RM
ATTACHMENT:
20220405 Ontario Econ Subsidy Report^02 EXH A
ATTACHMENT:
20220405 MSC Industrial Covenant Agreement^03 EXH B
11. PUBLIC HEARING #1 TO RECEIVE PUBLIC COMMENTS ON TRANSITIONING TO DISTRICT-
BASED ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT
B
.
Adopt a resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement (on file with the Records Management Department) by and between the City of Ontario and Sid Tool, Inc. a subsidiary of MSC Industrial Direct Co., Inc. hereafter referred to as "Sid Tool"
C
.
Adopt a resolution approving the Operating Covenant Agreement and authorizing the City Manager to execute the Agreement, and making related findings; and D
.
Direct City staff to file a Notice of Exemption based upon the City Council’s finding that the impacts for this agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083.1 REGARDING THE
DEVELOPMENT AND RETENTION OF A SALES OFFICE LOCATION FOR SID TOOL, INC. A SUBSIDIARY OF MSC INDUSTRIAL DIRECT CO., INC. IN THE CITY OF ONTARIO AND APPROVING AN OPERATING COVENANT AGREEMENT BETWEEN THE PARTIES.
That the City Council open the Public Hearing, receive input regarding the formation of districts and close the public hearing.
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 City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov