CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
OCTOBER 18, 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:
20221018 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.
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 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: One Case
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Dr. Sylvia Lee Mann, Bethel Congregational Church
REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 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
1. APPROVAL OF MINUTES
ATTACHMENT:
20220906 Minutes (Not Official Until Approved)
ATTACHMENT:
20220920 Minutes (Not Official Until Approved)
2. BILLS & PAYROLL
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 September 6, 2022 and September 20, 2022, and approving same as on file in the Records Management Department.
Bills September 3, 2022 through September 29, 2022, and Payroll August 28, 2022 through September 24, 2022 when audited by the Finance Committee.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
3. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO
COUNTY TAX ROLLS
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^ 01 RESO^RM
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^02 EXH A.pdf
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^03 EXH B.pdf
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^04 EXH C.pdf
4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR VIDEO PRODUCTION
SERVICES
5. A PROFESSIONAL SERVICES AGREEMENT WITH RDC-S111, INC. FOR LANDSCAPE,
ARCHITECTURE, AND URBAN DESIGN CONSULTING SERVICES
6. DOWNTOWN ONTARIO RETAIL POP-UP PROGRAM
ATTACHMENT:
Retail_Pop_Up_Program_Guidelines^01 Attach A.docx
7. A CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL SYSTEMS AT CAMPUS AVENUE AT
FRANCIS STREET AND CAMPUS AVENUE AT WALNUT STREET
That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS
ON PROPERTY TAX BILLS FOR CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
That the City Council authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Windsong Productions, LLC. increasing the not-to- exceed amount by $518,312 to $753,312 for the three-year contract term.
That the City Council authorize the City Manager to execute a Professional Services Agreement (on file in the Records Management Department) with RDC-S111, Inc. (a.k.a Studio 111), of Long Beach, California, in the amount of $241,762, for the Planned Unit Development and Mitigated Negative Declaration of West Euclid Avenue in Downtown Ontario.
That the City Council:
A
.
Consider and Approve the Adoption of the Downtown Ontario Retail Pop-Up Program; and
B
.
Authorize the City Manager to make any necessary adjustments and execute all necessary documents to implement the Program.
That the City Council
award a construction contract (on file in the Records Management Department) with KDC Inc. of Los Alamitos, California, for the construction of traffic signal CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
8. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH M JACK BROOKS, JD FOR
FINANCIAL CONSULTING SERVICES
9. ESTABLISHING A BANK ACCOUNT FOR THE ONTARIO HOUSING AUTHORITY
10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COLLABORATIVE SOLUTIONS, LLC.
11. AN ORDINANCE APPROVING
FILE NO. PZC19-001, A ZONE CHANGE AT 1063 EAST ELMA
STREET
ATTACHMENT:
File No. PZC19-001^01 PC Backup
ATTACHMENT:
File No. PZC19-001^02 ORD^RM
systems at Campus Avenue at Francis Street and Campus Avenue at Walnut Street (Project) in the amount of $1,367,397 and authorize the City Manager, or his designee, to execute said contract and all related documents, and file a notice of completion at the conclusion of construction activities.
That the City Council authorize the City Manager to execute Amendment No. 6 adding $120,000 to the Professional Services Agreement (on file in the Records Management Department) with M Jack Brooks, JD, of Costa Mesa, California, for the provision of financial consulting services, for a revised contract authority of a not-to-exceed amount of $945,000 and term extension to June 30, 2023.
That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority") authorize the establishment of a bank account with the City's current operating bank. The bank account will be in the name of the Ontario Housing Authority.
That the City Council authorize the City Manager to execute an Amendment to the Professional Services Agreement (on file with the Records Management Department) with Collaborative Solutions, LLC., of Reston, Virginia, to include additional consulting services to incorporate Workday Financials On-Demand Services Support in the amount of $118,800 plus a 10% contingency of $11,880, for a revised not-to-exceed the amount of $3,978,587.
That the City Council consider and adopt 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
12. AUTHORIZE THE PURCHASE OF MOBILE HOME STRUCTURE FOR INTERIM FIRE STATION 11
13. A CONSTRUCTION CONTRACT AND A GOODS & SERVICES AGREEMENT FOR OMUC, PARKS
AND MAINTENANCE, AND INTEGRATED WASTE OFFICE IMPROVEMENTS
14. A CONSTRUCTION CONTRACT AND TWO AMENDMENTS FOR THE PRESSURE REDUCING
STATION REHABILITATION PROJECT
That the City Council authorize the sole source purchase and delivery of one mobile home structure for the Fire Department in the amount of $208,042 from Wholesale Manufactured Homes, California. This structure will be used as sleeping quarters for Interim Fire Station 11.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Construction Contract No.
D&C20-028 with M. Brey Electric, Inc. of Beaumont, California, for the Ontario Municipal Utilities Company (OMUC), Parks and Maintenance, and Integrated Waste Office Improvements Project in the amount of $420,000;
B
.
Authorize a 10% contingency of $42,000 to address any unforeseen issues that arise during construction;
C
.
Authorize the City Manager or his designee to execute a Goods and Services Agreement with Kirksey & Co. of Irvine, California, for OMUC, Parks and Maintenance, and Integrated Waste Office Improvements Project for the Furniture, Fixtures, and Equipment (FF&E), consistent with the terms and conditions of the cooperative purchasing contract with Omnia #R191804 in the amount of $369,583; and D
.
Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
That the City Council take the following actions:
A
.
Approve the plans and specifications and award Contract No. UT 1041 (on file in the Records Management Department) to Innovative Construction Solutions Inc. of Costa Mesa, California, for the Pressure Reducing Station Project in the amount of $1,708,000 plus a 10% contingency of $170,800, for a total not-to-exceed amount of $1,878,800, a term of 180 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.
B
.
Approve and authorize the City Manager, or designee to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with AKM Consulting Engineers Inc. of Irvine, California, for a total not-to-exceed amount of $129,088 for construction engineering services and a term from October 4, 2022 to September 30, 2023.
C
.
Approve and authorize the City Manager, or designee to execute Amendment No. 8 to the Professional Services Agreement (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:
UT1041 PRV Rehabilitation Project Ph.1 Exhibit A.pdf
15. APPLICATION FOR THE US DEPARTMENT OF JUSTICE FISCAL YEAR 2022 COMMUNITY
ORIENTED POLICING SERVICES HIRING PROGRAM GRANT
16. FIFTH AMENDMENT TO THE CONSOLIDATED PLAN ANNUAL ACTION PLAN FOR THE 2019- 20 PROGRAM YEAR
17. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO RANCH BUSINESS PARK SPECIFIC PLAN (FILE NO. PSPA21-002) AND THE RELATED SUBSEQUENT FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019050018) with Kleinfelder Inc. of Ontario, California, for a total not-to-exceed amount of $106,640 for construction management services and a term from October 4, 2022 to May 6, 2023.
That the City Council authorize the City Manager or his designee to execute all documents necessary to apply for and accept a grant award in the amount of $1,250,000 from the US Department of Justice Office of Community Oriented Policing Services (COPS) to participate in the Fiscal Year (FY) 2022 Office Hiring Program (CHP) Grant.
That the City Council approve the Fifth Amendment to the Consolidated Plan Annual Action Plan (on file in the Records Management Department) for the Program Year 2019-20 (“Substantial Amendment”) and authorize the City Manager to take all actions necessary to implement the Substantial Amendment.
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 consider and adopt:
A
.
A Resolution certifying the Subsequent Environmental Impact Report (State Clearinghouse No. 2019050018) prepared for the Ontario Ranch Business Park Specific Plan Amendment, File No. PSPA21-002, which includes the adoption of a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; and B
.
A Resolution adopting an Amendment to the Ontario Ranch Business Park Specific Plan (File No. PSPA21-002).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND CERTIFYING THE ONTARIO RANCH BUSINESS
PARK SPECIFIC PLAN AMENDMENT FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019050018), AND ADOPTING FINDINGS OF CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
File No PSPA21-002^02 AR Exhibits A,B & C
ATTACHMENT:
File No PSPA21-002^03 AR Exhibit D
ATTACHMENT:
File No PSPA21-002^04 PC Backup
ATTACHMENT:
File No PSPA21-002^05 EIR RESO^RM
ATTACHMENT:
File No PSPA21-002^06 EIR RESO Exhibit A
FEIR
ATTACHMENT:
File No PSPA21-002^07 EIR RESO Exhibit B FEIR MMRP
ATTACHMENT:
File No PSPA21-002^08 RESO^RM
ATTACHMENT:
File No PSPA21-002^09 RESO-SPA Attach A
OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND
REPORTING PROGRAM, LOCATED WITHIN ONTARIO RANCH AND GENERALLY
BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, CAMPUS AVENUE TO THE
EAST, MERRILL AVENUE TO THE SOUTH, AND SULTANA AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 1054-041-01, 1054-041-02; 1054-031-01, 1054-031-02; 1054-261-01, 1054-261-02; 1054-291-01 AND 1054-291-
02. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA21-002, AN AMENDMENT TO THE ONTARIO RANCH
BUSINESS PARK SPECIFIC PLAN, INCORPORATING PROPERTY ADJACENT TO THE
EXISTING SPECIFIC PLAN AREA AND ESTABLISHING THE LAND USE DESIGNATIONS,
DEVELOPMENT STANDARDS, AND GUIDELINES WHICH WILL GOVERN THE DEVELOPMENT OF 71.69 ACRES OF LAND GENERALLY BORDERED BY CAMPUS,
SULTANA, MERRILL, AND EUCALYPTUS AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1054-041-01, 1054-041-02, 1054-031-01, 1054-031-02, 1054-261-01, 1054-261-02, 1054-291-01, AND 1054-291-02.
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