CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
AUGUST
2, 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.
ORDER OF BUSINESS
The regular City Council and Housing Authority meeting begins with Public Comment at 6:30 p.m.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 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. (EQUIPMENT FOR THE HEARING IMPAIRED AVAILABLE IN THE RECORDS MANAGEMENT OFFICE)
CALL TO ORDER
(OPEN SESSION)
ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Becky Dulay, Baha'i Faith
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.
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 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:
20220705 (Not Official Until Approved).pdf
ATTACHMENT:
20220708S (Not Official Until Approved).pdf
2. BILLS & PAYROLL
3. ORDINANCES APPROVING A DEVELOPMENT AGREEMENTS (FILE NOS. PDA22-003-A, B, C,
AND D) BETWEEN THE CITY OF ONTARIO AND OTC LOT OWNER, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV22- 014)
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 July 5, 2022 and special meetings of the City Council and Housing Authority on July 8, 2022, and approving same as on file in the Records Management Department.
Bills July 1, 2022 through July 14, 2022, and Payroll June 19, 2022 through July 2, 2022, when audited by the Finance Committee.
That the City Council consider and adopt Ordinances approving a Development Agreements (File No.'s PDA22-003-A, B, C, and D)
to establish the terms and conditions associated with a Development Plan (File No. PDEV22-014) to construct up to 694 residential units and 71,500 square feet of commercial/office/retail uses on 10.49 acres of land located at 4000 East Ontario Center Parkway and the southeast and southwest corners of Via Piemonte and Via Villagio, within the Mixed-Use land use district (Subareas 8, 11, 16, and 17) of the Piemonte Overlay of the Ontario Center Specific Plan.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-003-A, A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ONTARIO AND OTC LOT A OWNER LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22-014) TO CONSTRUCT 384 RESIDENTIAL UNITS AND UP TO 25,256 SQUARE FEET OF
COMMERCIAL/OFFICE/RETAIL USES, ON APPROXIMATELY 4.83 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF ONTARIO CENTER PARKWAY AND CONCOURS STREET, WITHIN MIXED-USE SUBAREA 16 OF THE PIEMONTE OVERLAY
OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: NORTHEAST PORTION OF 0210-205-01.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-003-B, A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ONTARIO AND OTC LOT B OWNER LLC, TO ESTABLISH THE TERMS AND CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
File No. PDA22-003-A
OTC Owner LLC^01 EXHIBITS A,B,C & D
ATTACHMENT:
File No. PDA22-003
OTC Owner LLC^02 PC Back-up
ATTACHMENT:
File No. PDA22-003-A OTC Owner LLC 03 ORD^A^RM
ATTACHMENT:
File No. PDA22-003-A
OTC Owner LLC^04 DA
ATTACHMENT:
File No. PDA22-003-B OTC Owner LLC 05^ORD^B^RM
ATTACHMENT:
File No. PDA22-003-B
OTC Owner LLC^06 DA
ATTACHMENT:
File No. PDA22-003-C OTC Owner LLC 07 ORD^C^RM
ATTACHMENT:
File No. PDA22-003-C
OTC Owner LLC^08 DA
ATTACHMENT:
File No. PDA22-003-D OTC Owner LLC 09^ORD^D^RM
ATTACHMENT:
File No. PDA22-003-D
OTC Owner LLC^10 DA
4. AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 3082 LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES)
CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22-014) TO CONSTRUCT 112 RESIDENTIAL UNITS AND UP TO 20,802 SQUARE FEET OF
COMMERCIAL/OFFICE/RETAIL USES, ON APPROXIMATELY 1.69 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF ONTARIO CENTER PARKWAY AND FERRARI LANE, WITHIN MIXED-USE SUBAREA 17 OF THE PIEMONTE OVERLAY OF
THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: SOUTHEAST PORTION OF 0210-205-01.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-003-C, A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ONTARIO AND OTC LOT C OWNER LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22-014) TO CONSTRUCT 94 RESIDENTIAL UNITS AND UP TO 11,047 SQUARE FEET OF COMMERCIAL/OFFICE RETAIL USES, ON APPROXIMATELY 1.93 ACRES OF LAND FOR LOCATED AT THE
SOUTHWEST CORNER OF ONTARIO VIA PIEMONTE AND VIA VILLAGIO, WITHIN MIXED-USE SUBAREA 8 OF THE PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0210-204-39.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FILE NO. PDA22-003-D, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO
AND OTC LOT D OWNER, LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22-014) TO CONSTRUCT 104 RESIDENTIAL UNITS AND UP TO 14,095 SQUARE FEET OF COMMERCIAL/OFFICE/RETAIL USES, ON APPROXIMATELY 2.04 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF ONTARIO VIA PIEMONTE AND VIA VILLAGIO WITHIN THE MIXED-USE SUBAREA 11
OF THE PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0210-204-38.
That the City Council consider and adopt an amending and restating Ordinance No. 3082 levying special taxes within City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South-Facilities).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD No. 35 Countryside Phase 2 So Fac 01^ORD^RM
5. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA22-004) PROPOSING CERTAIN
CLARIFICATIONS AND REVISIONS TO THE CITY OF ONTARIO DEVELOPMENT CODE
PERTAINING TO CHINO AIRPORT
ATTACHMENT:
File No. PDCA22-004 ^01 PC Back-up
ATTACHMENT:
File No. PDCA22-004^02 ORD^RM
6. RESOLUTIONS CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING AND RESTATING ORDINANCE NO. 3082 LEVYING SPECIAL TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES).
That the City Council consider and adopt the Ordinance approving File No. PDCA22-004, a Development Code Amendment proposing certain clarifications and revisions to the City of Ontario Development Code,
establishing the Chino Airport Overlay zoning district and Reference L, Chino Airport Land Use Compatibility Plan
.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22-004, A DEVELOPMENT CODE AMENDMENT FOR
CERTAIN REVISIONS TO THE CITY OF ONTARIO DEVELOPMENT CODE,
ESTABLISHING THE CHINO AIRPORT OVERLAY ZONING DISTRICT AND REFERENCE
L, CHINO AIRPORT LAND USE COMPATIBILITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council adopt Resolutions (1) Placing a measure to approve a general capital Transactions and Use Tax (Sales Tax) at the rate of one cent (1¢) on the November 8, 2022 General Municipal Election ballot; (2) requesting the Board of Supervisors of the County of San Bernardino render the General Municipal Election consolidated with the State General Election; and (3) setting rules for the filing of primary and rebuttal arguments regarding the measure.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND
SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Setting Deadlines and Rules for Arguments and Rebuttals-Transactions and Use Tax Measure 01^RM
ATTACHMENT:
Requesting Consolidation of Election with County-Transactions and Use Tax Measure RESO^02^RM
ATTACHMENT:
Placement of General Transactions and Use Tax Measure
RESO^03^RM
8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢).
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