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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
SEPTEMBER 20, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, September 20, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:30 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, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Wapner.
INVOCATION
The invocation was led by Elder Ernest Benion Jr., The Church of God.
PUBLIC COMMENTS
Lizbeth Hernandez, invited City Council to participate in National Walk to School Day on October 12, 2022.
Clement Flores, spoke on concerns regarding integrated waste pick up.
Jesse Fonseca, spoke on issues regarding the Ontario International Airport Authority.
Karen Houghey, Representative for San Bernardino County Board Supervisor Curt Hagman invited City Council to a local shredding event. 328
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Jonas Narris, requested a four way stop at East 6th Street and Columbia Avenue.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa announced the need to continue Item No. 13 to a future meeting.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia 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 and Housing Authority of August 16, 2022 approving the same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills from August 20, 2022 through September 2, 2022 in the amount of $19,630,721.13 and Payroll from August 14, 2022 through August 27, 2022 in the amount of $3,967,369.02, when audited by the Finance Department.
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
The City Council adopted 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.
RESOLUTION NO. 2022-139 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.
4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2023-24 TO 2027-28
The City Council considered and adopted a Resolution approving the FY 2023-24 through FY 2027-28 Measure | Five-Year Capital Project Needs Analysis (CPNA) and authorized the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SCTA). 329
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RESOLUTION NO. 2022-140 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.
5. CONTRACT AMENDMENT FOR A PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING DESIGN SERVICES FOR VARIOUS TRANSFORMATIVE
CLIMATE COMMUNITIES (TCC) ACTIVE TRANSPORTATION PROJECTS The City Council approved and authorized 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.
6. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT
AND TWO AMENDMENTS FOR THE SAN ANTONIO TRANSMISSION WATER MAIN PHASE 2 PROJECT
The City Council took the following actions:
A. Rejected CP Construction Co. Inc.'s bid for the San Antonio Transmission Water Main Phase 2 Project for being nonresponsive; and B. Approved 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 authorized 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; and
C. Approved and authorized 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; and
D. Approved and authorized 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; and
E. Approved and authorized 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, 330
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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
7. TWO AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR
LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER AND
WASTEWATER MATTERS
The City Council took the following actions:
A. Approved and authorized 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; and
B. Approved and authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with Stol 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.
8. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL WATER AND
SEWER ENGINEERING SERVICES
The City Council took the following actions:
A. Approved and authorized 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; and
B. Approved and authorized 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; and
C. Approved and authorized 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.
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9. AN ENTERPRISE LICENSE AGREEMENT WITH ESRI, INC.
The City Council authorized 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.
10. A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO
CONFLICT OF INTEREST CODE
The City Council adopted a Resolution amending the Appendix to the Conflict of Interest Code to update position classification titles and filing requirements for City employees.
RESOLUTION NO. 2022-141 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
11. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR THE 2021-22 FISCAL YEAR
The City Council took the following actions:
A. Held 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); and
B. Directed 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. Authorized the City Manager to execute any and all documents necessary and/or desirable to transmit the CAPER to HUD.
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 and inquired if anyone was interested in speaking to the item, hearing no speakers, he opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Wapner and carried by unanimous vote 5-0, to receive testimony and adopt the Consolidated Annual Performance and Evaluation Report (CAPER) for 2021-22 Fiscal Year. 332
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12. A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING FILE NO.
PZC19-001, A ZONE CHANGE AT 1063 EAST ELMA STREET
The City Council introduced and waived 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.
ORDINANCE NO. 3223 (FIRST READING) 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.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were two written communications from Brian Sarina and Broque Anderson in opposition to the item.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, he opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner and carried by a 4-1 vote, with Council Member Dorst-Porada opposed, to introduce Ordinance No. 3223.
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
The City Council continued the public hearing to a future meeting.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Council Member Dorst-Porada announced upcoming events.
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Mayor pro Tem Wapner thanked Staff regarding Route 66 and provided updates regarding Ontario International Airport Authority updates.
Mayor Leon spoke on the success of the Route 66 car show and spoke on September 9th as Bobby Wagner Day.
Council Member Bowman congratulated the Convention Center and Staff for the Route 66 event.
Council Member Valencia echoed City Council's sentiments regarding the success of the Route 66 event.
Mayor pro Tem announced Yom Kippur was on October 4, 2022, and sought and received concurrence to cancel the next regular meeting.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:00 p.m. and announced the Tuesday, October 4, 2022 was cancelled in observance of Yom Kippur.
Respectfully submitted,
Sheila Mauts
SHEILA MAUTZ, CITY CLERKISECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN