CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER 20, 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 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
Mayor pro Tem Wapner
INVOCATION
Elder Ernest Benion Jr., The Church of God
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:
20220816 (Not Official Until Approved).pdf
2. BILLS & PAYROLL
3. A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20399, LOCATED AT THE SOUTHEAST CORNER OF
ARCHIBALD AVENUE AND ONTARIO RANCH ROAD
ATTACHMENT:
Tract Map 20399^01 EXH A
ATTACHMENT:
Tract Map 20399^02 RESO^RM
4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2023-24 TO 2027-28
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 16, 2022, and approving same as on file in the Records Management Department.
Bills August 20, 2022 through September 2, 2022, and Payroll August 14, 2022 through August 27, 2022 when audited by the Finance Committee.
That the City Council adopt a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map No. 20399, located at the southeast corner of Archibald Avenue and Ontario Ranch Road, within the Grand Park Specific Plan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20399, LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND ONTARIO RANCH ROAD.
That the City Council consider and adopt a Resolution approving the FY 2023-24 through FY 2027-28 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorize the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).
A RESOLUTION 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:
Capital Project Needs Analysis^01 EXH A
ATTACHMENT:
Measure I Five-Year Analysis^02 RESO^RM
5. CONTRACT AMENDMENT FOR A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN
SERVICES FOR VARIOUS TRANSFORMATIVE CLIMATE COMMUNITIES (TCC) ACTIVE
TRANSPORTATION PROJECTS
6. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT AND TWO AMENDMENTS FOR THE SAN ANTONIO TRANSMISSION WATER MAIN PHASE 2 PROJECT
ATTACHMENT:
San Antonio Water Transmission Main Phase II^01 EXH A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FY2023-24 TO FY2027-28.
That the City Council approve and authorize the City Manager, or his designee, to execute an Amendment to the Professional Services Agreement (on file in the Records Management Department) with Parsons Transportation Group, Inc., of Ontario, California, to provide Engineering Design Services for various TCC active transportation projects in the amount of $165,500, for a revised not-to-exceed amount of $777,001.
That the City Council take the following actions:
A
.
Reject CP Construction Co. Inc.'s bid for the San Antonio Transmission Water Main Phase 2 Project for being nonresponsive.
B
.
Approve the plans and specifications and award Contract No. UT 1046 (on file in the Records Management Department) to James W. Fowler Co. of Dallas, Oregon, for the construction of the San Antonio Transmission Water Main Phase 2, in the amount of $7,995,255 plus a 10% contingency of $799,526, for a total not-to-exceed amount of $8,794,781, a term of 300 calendar days after issuance of notice to proceed and authorize the City Manager, or his designee to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.
C
.
Approve and authorize the City Manager, or his designee to execute a Professional Services Agreement (on file in the Records Management Department) with Petra Geosciences, of Costa Mesa, California, for a total not-to-exceed amount of $257,175 and a term of 300 calendar days after issuance of notice to proceed for geotechnical and material testing services.
D
.
Approve and authorize the City Manager, or his designee to execute Amendment No. 11 to the Professional Services Agreement (on file in the Records Management Department) with Infrastructure Engineering Corporation (IEC), of Irvine, California, for a total not-to- exceed amount of $147,291 for construction engineering services and a term from September 20, 2022 to May 3, 2023.
E
.
Approve and authorize the City Manager, or his designee to execute Amendment No. 7 to the Professional Services Agreement (on file in the Records Management Department) with Wallace and Associates Consulting, Inc., of Murrieta, California, for a total not-to- exceed amount of $214,872 for construction management services and a term from September 20, 2022 to September 30, 2023.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
7. TWO AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR LEGAL AND
TECHNICAL SERVICES PERTAINING TO WATER AND WASTEWATER MATTERS
8. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL WATER AND SEWER ENGINEERING
SERVICES
9. AN ENTERPRISE LICENSE AGREEMENT WITH ESRI, INC.
10. A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO CONFLICT OF
INTEREST CODE
That the City Council take the following actions:
A
.
Approve and authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement (on file in the Records Management Department) with Nossaman LLP of Los Angeles, California, for a term of 2 years with a not-to-exceed amount of $2,500,000 for legal and technical services with respect to matters relating to sewer disposal, water supply, and water rights.
B
.
Approve and authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with Stoel Rives LLP of Sacramento, California, for a term of 2 years with a not-to-exceed amount of $365,000 for legal and financial assessments services with respect to matters relating to sewer disposal, water supply, and water rights.
That the City Council take the following actions:
A
.
Approve and authorize the City Manager, or his designee to execute a Professional Services Agreement (on file in the Records Management Department) with Ardurra Group, Inc., of Tampa, Florida, for up to 5 years with a total not-to-exceed amount of $90,000 for on-call water and sewer engineering services.
B
.
Approve and authorize the City Manager, or his designee to execute a Professional Services Agreement (on file in the Records Management Department) with AKM Consulting Engineers, Inc., of Irvine, California, for up to 5 years with a total not-to- exceed amount of $90,000 for on-call water and sewer engineering services.
C
.
Approve and authorize the City Manager, or his designee to execute a Professional Services Agreement (on file in the Records Management Department) with Stantec Consulting Services, Inc., of Irvine, California, for up to 5 years with a total not-to-exceed amount of $90,000 for on-call water and sewer engineering services.
That the City Council authorize the City Manager to execute a three-year License Agreement (on-file with the Records Management Department) with ESRI, INC., of Redlands, California, for a Citywide Enterprise License Agreement for Geographic Information System (GIS) software, in an amount not to exceed $573,279.
That the City Council adopt a Resolution amending the Appendix to the Conflict of Interest Code to update position classification titles and filing requirements for City employees.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
2022 Conflict of Interest Code^02 EXH A
ATTACHMENT:
Amending Conflict of Interest Code RESO^RM
11. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2021-22 FISCAL YEAR
ATTACHMENT:
_DRAFT CAPER w attachments.pdf
ATTACHMENT:
02b - Executive Summary.pdf
12. A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING FILE NO. PZC19-001, A
ZONE CHANGE AT 1063 EAST ELMA STREET
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AND ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974.
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:
A
.
Hold a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the 2021-22 Fiscal Year (on file in the Records Management Department);
B
.
Direct staff to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public comments received on the draft CAPER; and
C
.
Authorize the City Manager to execute any and all documents necessary and/or desirable to transmit the CAPER to HUD.
That the City Council introduce and waive further reading of an Ordinance approving File No.
PZC19-001, a Zone Change amending the zoning designation on 0.07-acres of land from MDR- 11 (Low-Medium Density Residential - 5.11 to 11.0 du/ac) to MDR-18 (Medium Density Residential - 11.1 to 18.0 du/ac), for property located at 1063 East Elma Street.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC19-001, A ZONE CHANGE AMENDING THE ZONING DESIGNATION ON 0.07-ACRE OF LAND FROM MDR-11 (LOW-MEDIUM DENSITY RESIDENTIAL – 5.1 TO 11.0 DU/AC) TO MDR-18 (MEDIUM DENSITY RESIDENTIAL –
11.1 TO 18.0 DU/AC) TO ENABLE THE RESIDENTIAL DEVELOPMENT OF A 0.28-ACRE PROJECT SITE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1048-491-23.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
File No. PZC19-001^01 PC Backup
ATTACHMENT:
File No. PZC19-001 ^02 ORD^RM
13. A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) TO ESTABLISH DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR THE DEVELOPMENT OF 0.81-ACRE OF LAND LOCATED AT 549 WEST HOLT BOULEVARD
ATTACHMENT:
File No. PUD20-001^01 AR Exhibit A
ATTACHMENT:
File No. PUD20-001^02 AR Exhibit B
ATTACHMENT:
File No. PUD20-001^03 PC Backup
ATTACHMENT:
File No. PUD20-001^04 ORD^RM
ATTACHMENT:
File No. PUD20-001^05 ORD-PUD Attachment A
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.
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