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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
JUNE 21, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, June 21, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:04 p.m.
ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia
ABSENT: Council/Authority Members: None.
Also present were City Manager / Executive Director Scott Ochoa, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.
CLOSED SESSION PUBLIC COMMENT
Mayor Leon inquired whether persons were present who wished to speak to the Closed Sessions item. Hearing no one, Assistant City Attorney Guiboa announced the matters for discussion as listed on the agenda. He also announced that property negotiations with OTC Owner, LLC below was pulled from the Closed Session agenda:
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0210-205-01; 0210-204-38; 0210-204-39; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: OTC Owner, LLC; Under negotiation: Price and terms of payment - Item Pulled from Closed Session and not discussed.
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The City Council recessed to Closed Session at 6:05 p.m. for discussion of the following:
CLOSED SESSION
• GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Jay Spicer v. City of Ontario, et al., Superior Court of California, County of San Bernardino, Case No. CIVDS1711812
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-06; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: David D. Miller and Denyse Miller, as Trustees of the Miller Living Trust; Under negotiation: Price and terms of payment. • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-07; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Jose G. Jimenez; Under negotiation: Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-27; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Bhupendrakumar M. Patel and Hansaben B. Patel, as Trustees of the B. Patel Family Trust; Under negotiation: Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-28; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Maan F. Harb; Under negotiation: Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-562-03; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Rubel Family Trust; Under negotiation: Price and terms of payment.
• GC 54956.9(1)(d) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Center for Community Action and Environmental Justice v. City of Ontario, et al., Superior Court of California, County of San Bernardino, Case No.
CIVSB2206058
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CALL TO ORDER - OPEN SESSION
Mayor Leon called the meetings to order at 6:42 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Dorst-Porada.
INVOCATION
The Invocation was led by Senior Pastor Brian E. Kennedy, Mt. Zion Baptist Church.
REPORT ON CLOSED SESSION
Assistant City Attorney Guiboa announced that property negotiations regarding OTC Owner, LLC was pulled from the Closed Session agenda and not discussed. There was no reportable action regarding the other matters listed.
PUBLIC COMMENTS
There were seventeen emailed comments:
Katherine De La Rosa regarding Ontario Fast Pitch Softball Robert Barragan in opposition of the TOP 2050 General Plan.
Vanessa Yambot in opposition of the TOP 2050 General Plan.
Ilianna Romero in opposition of the TOP 2050 General Plan.
Verlynn Gojit in opposition of the TOP 2050 General Plan.
Inmi Chao in opposition of the TOP 2050 General Plan.
Katie Crofford in opposition of the TOP 2050 General Plan.
Elvira Rios in opposition of the TOP 2050 General Plan.
Aldo Velazco in opposition of the TOP 2050 General Plan.
Inez Cardenas in opposition of the TOP 2050 General Plan.
Caroline Lanspa in opposition of the TOP 2050 General Plan.
Daniel Lo in opposition of the TOP 2050 General Plan.
Antoinette Anderson in opposition of the TOP 2050 General Plan.
Danielle Martinez in opposition of the TOP 2050 General Plan.
Cynthia Serrano in opposition of the TOP 2050 General Plan.
Tina Silva in opposition of the TOP 2050 General Plan.
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Malina Shaw in opposition of the TOP 2050 General Plan.
Mayor Leon called on the first speaker:
Luciano Quezada, Representative of Norma Torres' office, introduced himself and stated he looks forward to collaborating with the City.
Armando Rodriguez, announced upcoming event with the Hispanic Chamber of Commerce and requested assistance from the City regarding recent break-ins.
Randy Bekendam spoke in opposition of the TOP 2050 General Plan.
Norberto Corona, spoke on overcrowding in local high schools.
Maribel Nunez, spoke in opposition of the TOP 2050 General Plan.
Ana Gonzalez, spoke in opposition to the TOP 2050 General Plan.
Yasmin Ramirez, spoke in opposition to the TOP 2050 General Plan.
Celina Lopez, was not present when called upon.
Jairus Martinez, spoke in opposition to the TOP 2050 General Plan.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Minutes for the Regular Meetings of the City Council, Housing Authority, Successor Agency to the Ontario Redevelopment Agency, and Ontario Financing Authority of May 17, 2022 and Special Meeting of May 26, 2022, and approving the same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills from May 20, 2022 through June 2, 2022 in the amount of $23,646,748.64 and Payroll from May 8, 2022 through May 21, 2022 in the amount of $3,963,550.84, when audited by the Finance Department.
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3. PROFESSIONAL SERVICES AGREEMENTS WITH BPR CONSULTING SERVICES, CSG CONSULTANTS, INC., AND WILLDAN ENGINEERING FOR
ON-CALL BUILDING INSPECTION SERVICES, BUILDING PLAN CHECK
SERVICE, BUILDING PERMIT TECHNICIAN SERVICES, AND BUILDING
OFFICE SERVICES
The City Council awarded, approved and authorized the City Manager, or his designee, to:
A. Execute a three-year Professional Services Agreements with BPR Consulting Services of El Dorado Hills, California; CSG Consultants, Inc. of Orange, California; and, Willdan Engineering of Industry, California, to provide on-call inspection, plan check, permit technician, and building office services for a not-to-exceed amount of $500,000 per year per vendor, with a not-to-exceed amount of $1,500,000 per vendor and a total expenditure of $4,500,000 over the initial three years of the contract; and
B. Extend the Agreements for up to two (2) additional one (1) year periods, at the City's discretion, for an estimated annual expenditure of $1,500,000 per year, consistent with City Council approved budgets for each respective fiscal year.
4. PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY IMPROVEMENT
DEPARTMENT LEGAL SERVICES
The City Council awarded, approved and authorized the City Manager, or his designee, to:
A. Execute a three-year Professional Services Agreement with the Law Offices of Charisse L. Smith for Community Improvement Department Legal Services in an amount not to exceed $100,000 per year and a total not to exceed amount of $300,000 for the initial term of the agreement; and B. Authorize the option to extend the agreement, at the City's sole discretion, for up to two additional one-year terms, consistent with approved budgets for each respective fiscal year.
5. EMERGENCY ON-CALL BOARD UPS AND ABATEMENTS CONTRACTOR
AGREEMENTS
The City Council awarded, approved and authorized the City Manager, or his designee, to:
A. Execute three-year construction agreements with SLS Property Solutions, Inc. of Santa Ana, CA and Belfor USA Group, Inc. of Birmingham, MI, for a not-to-exceed amount of $100,000 per year per vendor, with a not-to-exceed amount of $300,000 per vendor for three years and a total not-to-exceed amount of $600,000 for both vendors over the initial three years of the contract, consistent with approved budgets for each respective fiscal year; and
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B. Authorize the option to extend each agreement for up to two additional one- year terms, consistent with approved budgets for each respective fiscal year.
6. A DESIGN SERVICES AGREEMENT FOR THE SAN ANTONIO STORM DRAIN
PROJECT
The City Council approved a Design Services Agreement with EXP US Services, Inc., of San Bernardino, California to provide engineering design services for the San Antonio Storm Drain Project in the amount of $940,047, plus a ten percent (10%) contingency of $94,005 for a total amount of $1,034,052; and authorize the City Manager to execute said Agreement and future amendments within the authorization limits.
7. AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 1, CHAPTER 6 OF TITLE 2, AND CHAPTERS 1 AND 2 OF TITLE 3 OF THE ONTARIO MUNICIPAL CODE
RELATING TO THE PROCUREMENT OF ON-CALL SERVICES, APPROVAL
AND MANUAL SIGNATURE REQUIREMENTS, AND FEES LOCATED IN THE
CITYWIDE FEE SCHEDULE
The City Council considered and adopted an Ordinance to amend Chapter 2 of Title 1, Chapter 6 of Title 2, and Chapters 1 and 2 of Title 3 of the Ontario Municipal Code relating to the procurement of on-call services, approval and manual signature requirements, and fees located in the Citywide Fee Schedule. Introduction and first reading took place at a regular meeting on June 7, 2022.
ORDINANCE NO. 3211 CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 2 OF TITLE 1, CHAPTER 6 OF TITLE 2, AND CHAPTERS 1 AND 2 OF TITLE 3 OF
THE ONTARIO MUNICIPAL CODE RELATING TO THE PROCUREMENT OF ON-
CALL SERVICES, APPROVAL AND MANUAL SIGNATURE REQUIREMENTS, AND FEES LOCATED IN THE CITYWIDE FEE SCHEDULE.
8. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("НОМЕ"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAMS FOR FISCAL YEAR 2022-23
The City Council:
A. Approved the One-Year Action Plan for Fiscal Year 2022-23 for the Community Development Block Grant (CDBG"), HOME Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs (on file in the Records Management Department);
B. Directed Staff to prepare and transmit the final documents to U.S. Department of Housing and Urban Development ("HUD"); and
C. Authorized the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan for Fiscal Year 2022-23 and Subrecipient Agreements.
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ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2022-23 The City Council adopted Resolutions pertaining to the levy of assessments within Street Lighting Maintenance District (SLMD) Nos. 1 and 2:
A. A Resolution initiating proceedings and ordering the preparation of an Engineer's Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer's Reports; and C. A Resolution for each district declaring the City's intention to levy the special assessments for Fiscal Year 2022-23 and set the date of July 19, 2022, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.
RESOLUTION NO. 2022-053 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE PREPARATION OF THE
ASSESSMENT ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2022-23.
RESOLUTION NO. 2022-054 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT
ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2022-23.
RESOLUTION NO. 2022-055 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.
RESOLUTION NO. 2022-056 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.
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10. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY
MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2022-23.
The City Council adopted Resolutions pertaining to the levy of assessments within Ontario Parkway Maintenance Assessment District (OPMAD) Nos. 1, 2, 3 and 4:
A. A Resolution initiating proceedings and ordering the preparation of an Engineer's Report for each district relating to the annual levy of assessments; B. A Resolution giving preliminary approval of the Engineer's Report; C. A Resolution for District Nos. 1, 2 and 3, and a Resolution for District No. 4, declaring the City's intention to levy the special assessments for Fiscal Year 2022-23 and set the date of July 19, 2022 for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.
RESOLUTION NO. 2022-057 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE PREPARATION OF THE
ASSESSMENT ENGINEER'S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2022-23.
RESOLUTION NO. 2022-058 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT
ENGINEER'S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2022-23.
RESOLUTION NO. 2022-059 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICTS NO. 1, 2 AND 3, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.
RESOLUTION NO. 2022-060 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICT NO. 4, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2,
OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON. 258
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11. AN AMENDMENT TO THE INFORMATION TECHNOLOGY CONTRACT FOR
THE SECURITY CAMERAS, ACCESS CONTROL, PAGING/DURESS
INSTALLATION, REPAIR AND MAINTENANCE AGREEMENT
The City Council authorized the City Manager to execute Amendment (Change Order) No. 3 in the amount of $31,500 to the existing Information Technology Contract for Security Camera, Access Control, Paging/Duress Installation, Repair and Maintenance Services with American Threat Assessment Consulting, Inc. of Rancho Cucamonga, California, for Fiscal Year 2022-23.
12. AN AMENDMENT TO THE ARCHITECTURAL DESIGN SERVICES AGREEMENT
FOR THE NEW CARLSON EXHIBIT AND THE NEW ART STORAGE FACILITY The City Council authorized the City Manager to execute an Amendment (Change Order) No. 1 in the amount of $29,000 to the existing Architectural Design Services Agreement for the Architectural Design Services for the New Carlson Exhibit and the New Art Storage Facility with Architectural Resources Group, Inc. of San Francisco, California, for Fiscal Year 2022-23.
13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT FOR THE
ONTARIO MUNICIPAL SERVICES CENTER MODULAR PURCHASE
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement with Williams Scotsman Inc. of Baltimore, Maryland, in the amount of $82,553, increasing the not-to-exceed amount from $825,555 to $908, 108 for additional installation services at the Ontario Municipal Services Center Modular and to extend the Agreement for an additional 12 months.
14. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR LEGAL
AND TECHNICAL SERVICES PERTAINING TO WATER AND WASTEWATER
MATTERS
The City Council approved and authorized the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Nossaman LLP of Los Angeles, California, in the not-to-exceed amount of $400,000 for legal and technical services with respect to matters relating to sewer disposal, water supply and water rights, and extending the term of the Agreement for Fiscal Year 2022-23.
15. A PROFESSIONAL SERVICES AGREEMENT FOR THE SOUTH ARCHIBALD
ALTERNATIVE WATER SUPPLY PROGRAM
The City Council approved and authorized the City Manager or his designee to execute a Professional Services Agreement with EEC Environmental of Orange, California, to provide operations and maintenance services for the South Archibald Alternative Water Supply Program for a total not-to-exceed amount of $3,776,000, 259
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with an initial term of three years (FY 2022-23 - $673,000, FY 2023-24 - $716,500, and FY 2024-25 - $765,000), and authorized the option to extend the Agreement for up two consecutive one-year periods (FY 2025-26 - $796,500, and FY 2026-27 - $825,000).
16. A PROFESSIONAL SERVICES AGREEMENT FOR SAMPLING AND
ANALYTICAL SERVICES
The City Council approved and authorized the City Manager or his designee to execute a Protessional Services Agreement with Babcock Laboratories, Inc., of Riverside, California, for industrial user sampling and wastewater analytical laboratories services for a total not-to-exceed amount of $397,090, with an initial term of three years (FY 2022-23 to FY 2024-25 - $78,000 per FY), and authorized the option to extend the Agreement for up to two consecutive one-year periods with up to 3% increases (FY 2025-26 - $80,340, and FY 2026-27 - $82,750).
17. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA22-003) PROPOSING
CERTAIN CLARIFICATIONS AND REVISIONS TO THE CITY OF ONTARIO
DEVELOPMENT CODE
The City Council considered and adopted an Ordinance approving File No. PDCA22- 003, a Development Code Amendment proposing certain clarifications and revisions to the City of Ontario Development Code, addressing time extensions for discretionary projects; public notification requirements for minor variances; administrative exceptions; specific plan minor amendments; housing and reasonable accommodations; accessory dwelling units; minimum useable rear yard area for single-family dwellings; banquet facilities on historic properties; retail sales events; conversion of garages to accommodate accessory dwelling units; the definition for "garage;" and, single-family two-unit projects and urban lot splits, rescinding urgency Ordinance No. 3200 and adopting standards, and certain allowed land uses. First reading and introduction took place at a regular Council meeting on June 7, 2022.
ORDINANCE NO. 3212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, • CALIFORNIA, APPROVING FILE NO. PDCA22-003, A
DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS ADDRESSING [1] TIME EXTENSIONS FOR DISCRETIONARY PROJECTS (SECTION 2.02.025.B.2.C); 12] PUBLIC NOTIFICATION REQUIREMENTS FOR MINOR VARIANCES (SECTION 2.03.010); [3] ADMINISTRATIVE EXCEPTIONS (SECTIONS 4.02.020 AND 4.03.050, AND TABLES 2.02-1 AND 2.03-1); SPECIFIC PLAN MINOR AMENDMENTS (SECTION
4.02.080); [5] HOUSING AND REASONABLE ACCOMMODATIONS (SECTIONS
4.02.035 AND 4.03.055; AND TABLES 2.02-1 AND 2.03-1); [6] ACCESSORY DWELLING UNITS (SECTION 5.03.010); [7] MINIMUM USEABLE REAR YARD AREA FOR SINGLE-FAMILY DWELLINGS (SECTION 5.03.011); [8] BANQUET FACILITIES ON HISTORIC PROPERTIES (SECTION 5.03.067); RETAIL SALES EVENTS (SECTION 5.03.395 AND TABLE 8.01-1); [10] CONVERSION OF
GARAGES TO ACCOMMODATE ACCESSORY DWELLING UNITS (SECTION 260
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6.01.010); [11] DEFINITION FOR "GARAGE" (SECTION 9.01.010.G); [12] SINGLE-
FAMILY TWO-UNIT PROJECTS AND URBAN LOT SPLITS, RESCINDING URGENCY ORDINANCE NO. 3200 AND ADOPTING STANDARDS (SECTIONS
5.03.403 AND 6.08.060, AND TABLES 2.02-1 AND 2.03-1); AND [13] CERTAIN ALLOWED LAND USES (TABLE 5.02-1), AND MAKING FINDINGS IN SUPPORT THEREOF.
18. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF
VOLUME I OF THE ONTARIO MUNICIPAL CODE REGARDING INTEGRATED
SOLID WASTE MANAGEMENT COLLECTION FREQUENCY
The City Council considered and adopted an Ordinance amending Chapter 3 of Title 6 of Volume I of the Ontario Municipal Code regarding integrated solid waste management collection frequency and finding the action exempt from CEQA. First reading and introduction took place at a regular Council meeting on June 7, 2022.
ORDINANCE NO. 3213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 6 OF VOLUME I
OF THE ONTARIO MUNICIPAL CODE REGARDING INTEGRATED SOLID
WASTE MANAGEMENT COLLECTION FREQUENCY AND FINDING THE ACTION EXEMPT FROM CEQA.
PUBLIC HEARINGS
19. A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-007) BETWEEN THE CITY OF
ONTARIO AND REMINGTON APG LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV21- 024) TO CONSTRUCT THREE INDUSTRIAL BUILDINGS TOTALING 200,322 SQUARE FEET ON 10.2 ACRES OF LAND, LOCATED AT THE NORTHEAST
CORNER OF REMINGTON AVENUE AND THE CUCAMONGA CREEK FLOOD CONTROL CHANNEL, WITHIN THE INDUSTRIAL (PA-3) LAND USE DISTRICT
OF THE COLONY COMMERCE CENTER EAST SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0218-311-07 AND 0218-311-13 The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA21-007) between the City of Ontario and Remington APG, LLC, to establish the terms and conditions associated with a Development Plan (File No. PDEV21-024) to construct three industrial buildings totaling 200,322 square feet on 10.2 acres of land, located at the northeast corner of Remington Avenue and the Cucamonga Creek Flood Control Channel, within the Industrial (PA-3) land use district of the Colony Commerce Center East Specific Plan.
ORDINANCE NO. 3214 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND
REMINGTON APG, LLC, TO ESTABLISH THE TERMS AND CONDITIONS 261
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ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV21-024) TO CONSTRUCT THREE INDUSTRIAL BUILDINGS TOTALING 200,322 SQUARE FEET ON 10.2 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF
REMINGTON AVENUE AND THE CUCAMONGA CREEK FLOOD CONTROL
CHANNEL, WITHIN THE INDUSTRIAL (PA-3) LAND USE DISTRICT OF THE
COLONY COMMERCE CENTER EAST SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF-APNS: 0218-311-07 AND 0218-311-13.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote of 5-0, to introduce Ordinance No. 3214.
20. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE
FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER); ADOPTION OF A RESOLUTION TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE
LEVYING SPECIAL TAXES
The City Council considered and:
A. Adopted a Resolution of Formation of Community Facilities District No. 66 (Olive and Oleander), authorizing the levy of special taxes within the community facilities district, and establishing an appropriations limit for the community facilities district;
B. Adopted a Resolution deeming it necessary to incur bonded indebtedness within Community Facilities District No. 66 (Olive and Oleander); C. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 66 (Olive and Oleander);
D. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; E. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 66 (Olive and Oleander); and
F. Adopted a Resolution authorizing the execution and delivery of an acquisition and funding agreement with Shea Homes Limited Partnership, a California limited partnership.
RESOLUTION NO. 2022-061 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER),
AUTHORIZING THE LEVY OF A SPECIAL TAX
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RESOLUTION NO. 2022-062 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DEEMING IT NECESSARY TO INCUR
BONDED INDEBTEDNESS WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER).
RESOLUTION NO. 2022-063 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER).
Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by unanimous vote of 5-0, to adopt Resolutions No. 2022-061, 2022-062, and 2022-063.
RESOLUTION NO. 2022-064 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER).
City Clerk Mautz opened the ballot and announced the ballot was in favor of the formation.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote of 5-0, to adopt Resolution No. 2022-064.
ORDINANCE NO. 3215 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITY DISTRICT NO. 66 (OLIVE AND OLEANDER).
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote of 5-0, to introduce Ordinance No. 3215.
RESOLUTION NO. 2022-065 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH SHEA HOMES LP OF CALIFORNIA.
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote of 5-0, to adopt Resolution No. 2022-065. 263
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21. PUBLIC HEARING #3 REVIEW OF INITIAL DRAFT DISTRICTING MAPS FOR
THE DISTRICT-BASED ELECTIONS UNDER THE CALIFORNIA VOTING
RIGHTS ACT
The City Council opened the Public Hearing to, review, consider, and provide direction regarding the initial draft maps.
Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department. There were 12 written communications.
Lory Masonis in opposition of district based elections.
Raymond Smith in favor of map #10.
Melissa May in favor of map #10.
Martha Lopez in favor of map #10.
Stephen May in favor of map #10.
Stephany Barbosa in favor of map #5.
Erma Gardner in favor of map #10.
Sue Chappell in favor of map #10.
Lolofi Soakai in favor of map #10.
Temis Laguna in favor of map #10.
Lina Mira in favor of map #10.
Betsy Starbuck in favor of map #10.
Mayor Leon opened the public hearing asking those persons interested in this item to speak.
Assistant City Attorney Guiboa and demographer Stephanie Smith gave a presentation.
Mayor pro Tem Wapner spoke on his desire to see all maps at the same time.
City Manager Ochoa clarified the intent to show the 10 maps that were submitted thus far, receive public input, and get Council direction on existing maps.
Mayor pro Tem Wapner expressed his desire for a fair process in the review of maps. 264
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Mayor Leon echoed Mayor pro Tem Wapner's desire to have a fair review process.
Council Member Valencia asked the Assistant City Attorney for clarification regarding the process.
Assistant City Attorney Guiboa explained the process required a total of four public hearings two to occur before the mapping tool was released and two after and noted this was the first of the two required public hearings after the mapping tool is released and noted this purpose of the public hearing was an overview and that an action was not necessarily required.
Mayor Leon further expressed his desire to have a fair process in the view maps.
Demographer Smith further clarified the two hearings held after maps are submitted was to provide Council the opportunity to review maps and avoid a disadvantage should public comment refer to any specific map.
Mayor pro Tem Wapner inquired when residents would have the opportunity to speak on maps submitted after this meeting.
Demographer Smith indicated additional maps would be presented at the July 19, 2022 City Council meeting.
Mayor pro Tem Wapner inquired if new maps and current maps would be reviewed at the same time.
Demographer Smith confirmed all maps would be reviewed at the July 1gi meeting.
Mayor Leon reiterated his concern over having a fair process in the review of maps.
Council Member Dorst-Porada indicated her desire to hear from the public.
Mayor pro Tem Wapner asked if there is a tool to see maps with labeled streets.
Demographer Smith continued her presentation demonstrating maps indicating all maps are legally compliant and noted Council had the option to either provide input on a map or just hear from the public. Finally, she demonstrated how to utilize the google map link tool.
Ted Burnett, spoke about his desire to see maps discussed and spoke on his desire to see a fair process in the selection of a districting map.
Marisela Casas, not present when called upon.
Maribel Nunez, spoke in support of map #10 based on their view of communities of interest.
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Maria Galvan, spoke in support of map #10 and expressed communities of interest included De Anza park, Spanish speaking community, historical districts, and downtown.
Yasmin Ramirez, spoke in support of map #10 expressing it took into consideration communities of interest.
Ana Gonzalez, spoke in support of map #10 noting the map addressed communities of interest.
Chris Robles, discussed his submitted maps #2, 3, 4, noting they take communities of interest into consideration and requested his maps be labeled.
Melissa May, not present when called upon.
Joaquin Castillegos, spoke in support of map #10.
Hearing no one else wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
Council Member Dorst-Porada inquired if the City was in violation of the Brown Act.
Assistant City Attorney Guiboa clarified there are no violations.
Mayor Leon expressed at this point he did not favor one map over another.
Council Member Valencia expressed he would take every single map into consideration.
Mayor pro Tem Wapner inquired of the Assistant City Attorney if there was something in the law that required anonymity if the submitter wants to remain anonymous or that there is no requirement for the map to be labeled. Assistant City Attorney Guiboa confirmed there as no requirement that the map be labeled. Mayor pro Tem went on to express his desire for members of the public to remain comfortable in submitting maps and clarified we cannot require maps be labeled Council Member Valencia clarified if a member of the public wanted to have their map labeled they could. Assistant City Attorney Guiboa further clarified if a person submitting the map requested their map to be labeled, they could.
Mayor Leon thanked the members of the public for their input.
STAFF MATTERS
City Manager Ochoa made no comments.
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COUNCIL MATTERS
Council Member Bowman had no comments.
Mayor pro Tem Wapner had no comments.
Council Member Valencia asked for Council consensus to close in memory of City of Ontario Employee Isaac Jackson. He also expressed his condolences for the family members of the El Monte police officers who were fatally shot in the line of duty.
Mayor Leon thanked residents for the public comments and spoke of the Concerts in the
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:14 p.m. in memory of Ontario Employee Isaac Johnson and announced the next regular meeting to be held on Tuesday, July 5, 2022.
Respectfully submitted,
Shee eMauti
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYORICHAIRMAN