CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER
6, 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.
ACCOMODATIONS
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
ATTACHMENT:
20220906 Closed Session
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 Closed Session and Closed Session Comment at
6:00 p.m.
,
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. (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
CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.
CLOSED SESSION
GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS 2007038
PLEDGE OF ALLEGIANCE
Councilmember Valencia
INVOCATION
Pastor Daniel Ventura, Ontario United Reformed Church
REPORT ON CLOSED SESSION
City Attorney
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
National Preparedness Month 2022^01 PROCLAMATION
1. APPROVAL OF MINUTES
SPECIAL CEREMONIES
PROCLAMATION OF SEPTEMBER 2022 AS NATIONAL PREPAREDNESS MONTH That the City Council proclaim the month of September 2022 as National Preparedness Month in the City of 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.
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 August 2, 2022 and approving same as on file in the Records Management Department.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220802S (Not Official Until Approved).pdf
2. BILLS & PAYROLL
3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH INFRASTRUCTURE
ENGINEERING CORPORATION FOR THE FOURTH STREET STORM DRAIN PROJECT
ATTACHMENT:
20220906 Project Location Map^01 EXH A
4. A GOODS AND SERVICES AGREEMENT FOR THE UTILITIES CUSTOMER SERVICES CENTER
AUTOMATED MAIL EXTRACTION AND SCANNING WORKSTATION
5. AN ON-CALL SERVICES CONTRACT FOR UTILITY TRENCH PAVING
6. A PROFESSIONAL SERVICES AGREEMENT FOR CHANGE MANAGEMENT, DEVELOPMENT
AND IMPLEMENTATION OF A PARTNER TECHNOLOGY SUCCESS PROGRAM, AND STAFF
LEADERSHIP DEVELOPMENT
Bills July 31, 2022 through August 19, 2022, and Payroll July 17, 2022 through August 13, 2022 when audited by the Finance Committee.
That the City Council a
pprove and authorize the City Manager, or his designee, to execute Amendment No. 10 to the on-call Design Services Agreement (on file in the Records Management Department) with Infrastructure Engineering Corporation of Poway, California, to provide engineering design services for the Fourth Street Storm Drain Project in the amount of $209,930 for a revised not-to-exceed total of $1,565,872.
That the City Council approve and authorize a three year Goods and Services Agreement (on file in the Records Management Department) with OPEX Co., of Moorestown, New Jersey, for the Utilities Customer Services Center (UCSC) Automated Mail Extraction and Scanning Workstation and Annual Maintenance and License costs in the amount of $141,008, and authorize the City Manager to execute the Agreement and future amendments within the authorization limits.
That the City Council take the following actions:
A
.
Reject PAVECO Construction Inc.’s protest against G.M. Sager Construction Inc. in its entirety;
B
.
Authorize the City Manager to execute an On-Call Services Contract for up to five years (on file in the Records Management Department) with G.M. Sager Construction Inc., of Pomona, California, for On-Call and Emergency Utility Trench Paving for a not-to-exceed amount $1,695,512.
That the City Council authorize the City Manager to execute a three-year Professional Services Agreement (on file with the Records Management Department) with Steelbridge Solutions, Inc., of Eastwood, Kentucky, for consulting services, change management, development and implementation of a partner technology success program, and technology staff leadership development programs for a total not to exceed $300,000.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
7. QUIT CLAIM DEED AND A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389
ATTACHMENT:
20220906 Quit Claim Merrill and Tract Map 20389^01 EXH A
ATTACHMENT:
20220906 Quit Claim Merrill and Tract Map 20389^02 EXH B
ATTACHMENT:
20220906 Quit Claim Merrill and Tract Map 20389^03 RESO^RM
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING
SERVICES TO MANAGE AND MAINTAIN THE CITY'S ENTERPRISE GEOGRAPHIC
INFORMATION SYSTEM
9. PURCHASE OF NEW REPLACEMENT HELICOPTER AND EQUIPMENT
10. SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P.; AND SECOND AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF
ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $11,500,000.
That the City Council:
A
.
Authorize the City Manager to execute a Quit Claim Deed to Lennar Homes of California,
LLC
, for fee title ownership of a portion of Merrill Avenue; and B
.
Adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20389, located south of Merrill Avenue, west of Haven Avenue.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389 LOCATED SOUTH OF MERRILL AVENUE, WEST OF HAVEN AVENUE.
That the City Council authorize the City Manager to execute an Amendment to the current Agreement (on-file with the Records Management Department) with Geographic Information Services, INC., Birmingham, Alabama, for consulting services to manage and maintain the City's Enterprise Geographic Information System (GIS) for a total not to exceed amount of $200,000 and extend the terms for one year.
That the City Council authorize the City Manager to execute a sole source purchase contract with Airbus Helicopters of Grand Prairie, Texas in the amount of $4,100,000 for the purchase of a new helicopter; and authorize the City Manager to execute an Agreement with Hangar One, of Carlsbad, California in the amount of $2,152,341 for the purchase and installation of specialized helicopter equipment.
That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):
A
.
Adopt the Resolutions approving the Second Amendment to the Disposition and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20220906 Emporia Place II Project SIte^01 EXH A
ATTACHMENT:
OHA - Authority Resolution for Second Amendment to Emporia Phase II Disposition and Development Agreement^04 RESO^RM.docx
ATTACHMENT:
OHA - CITY RESOLUTION- SECOND AMENDMENT TO CITY GRANT
AGREEMENT TO OHA^05 RESO^RM.docx
ATTACHMENT:
OHA - AUTHORITY RESOLUTION FOR SECOND AMENDMENT TO CITY GRANT AGREEMENT TO OHA FOR EMPORIA PHASE II-c1^06
RESO^RM.docx
11. A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT Development Agreement ("Second Amendment to DDA") between the Housing Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on file with Records Management Department);
B
.
Approve the Second Amendment to City Grant Agreement ("Second Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended amount not to exceed $11,500,000 (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 SECOND AMENDMENT TO THE 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 SECOND 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 SECOND 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.
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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov (FILE NO. PUD20-001) TO ESTABLISH DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR THE DEVELOPMENT OF 0.81-ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD
ATTACHMENT:
File No. PUD20-001^01 PC Backup
ATTACHMENT:
File No. PUD20-001^02 ORD^RM
ATTACHMENT:
File No. PUD20-001^03 ORD-PUD ATTACHMENT A
12. A PUBLIC HEARING TO CONSIDER FILE NO. PCUP21-009, A CONDITIONAL USE PERMIT TO ESTABLISH A 128-ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET
ATTACHMENT:
File No. PCUP21-009 Extended Stay Hotel^01 Supplemental Market Study EXH A
ATTACHMENT:
File No. PCUP21-009 Extended Stay Hotel^02 PC BACKUP
ATTACHMENT:
File No. PCUP21-009 Extended Stay Hotel^03 RESO^RM
ATTACHMENT:
File No. PCUP21-009 Extended Stay Hotel^04 RESO ATTACHMENT
13. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO GATEWAY SPECIFIC PLAN
That the City Council introduce and waive further reading of an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT (THE
ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) TO ESTABLISH DEVELOPMENT
STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR
0.81-ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.
That the City Council consider and adopt a Resolution approving the Conditional Use Permit, File No. PCUP21-009, establishing a 128-room limited-service hotel located at 5060 East Fourth Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP21-009, A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A 128-ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET, WITHIN THE FREEWAY COMMERCIAL
LAND USE DISTRICT OF THE EXCHANGE SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0238-012-30.
That the City Council consider and adopt the Resolution approving File No. PSPA22-003, an Amendment the Ontario Gateway Specific Plan, modifying Table 2.B (Permitted Land Uses by Planning areas) to allow "Auto Sales and Services" as a permitted land use in the Office CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
File No. PSPA22-003 Ontario Gateway SP^01 Exhibits A thru C.pdf
ATTACHMENT:
File No. PSPA22-003 Ontario Gateway SP^02 PC Backup.pdf
ATTACHMENT:
File No. PSPA22-003 Ontario Gateway SP^03 RESO^RM
Planning Area 1 land use district.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-003, AN AMENDMENT TO THE ONTARIO GATEWAY SPECIFIC PLAN, MODIFYING TABLE 2.B (PERMITTED LAND USES BY PLANNING AREAS) TO ALLOW "AUTO SALES AND SERVICES" AS A PERMITTED LAND USE IN THE OFFICE PLANNING AREA 1 LAND USE DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF.
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