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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
OCTOBER 18, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, October 18, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:00 p.m.
ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia
ABSENT: Mayor pro Tem/Vice Chair: Alan D. Wapner
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
CLOSED SESSION PUBLIC COMMENT
Mayor Leon inquired whether persons were present who wished to speak to the Closed Sessions items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, and the City Council recessed to Closed Session at 6:03 p.m. for discussion of the following:
• GC 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: One Case
CALL TO ORDER - OPEN SESSION
Mayor Leon called the meetings to order at 6:31 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
The invocation was led by Dr. Sylvia Lee Mann, Bethel Congregational Church. 336
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PUBLIC COMMENTS
There were 29 emailed comments:
Elizabeth Garcia, regarding safe routes to schools.
Nancy Suarez, regarding public nuisance.
Lauren Columbi, regarding public nuisance.
Nakita Porter, regarding new location for Pop Warner practice.
Sergio Velasquez, regarding new location for Pop Warner practice.
Stanley Musheerah, regarding new location for Pop Warner practice.
Denise Romero, regarding new location for Pop Warner practice.
Jessica Franco, regarding new location for Pop Warner practice.
Halim Alvarez, regarding new location for Pop Warner practice.
Daniel Romero, regarding new location for Pop Warner practice.
Veronica Campos, regarding new location for Pop Warner practice.
Raul Franco., regarding new location for Pop Warner practice.
Stephanie Reina, regarding new location for Pop Warner practice.
Aracely Licona, regarding new location for Pop Warner practice.
Ann Kellie, regarding new location for Pop Warner practice.
Jesus Christ Loves You, regarding new location for Pop Warner practice.
Cori Mendoza, regarding new location for Pop Warner practice.
Letty Carlos, regarding new location for Pop Warner practice.
Alexandra Vicente, regarding new location for Pop Warner practice.
Wendy Alcala, regarding new location for Pop Warner practice.
Jess Monique, regarding new location for Pop Warner practice.
Jacqueline Martinez, regarding new location for Pop Warner practice.
Adriana Quezada, regarding new location for Pop Warner practice.
Jesse Villanueva, regarding new location for Pop Warner practice.
Steven Garcia, regarding new location for Pop Warner practice.
Amanda Banuelos, regarding new location for Pop Warner practice.
Veronica Mireles, regarding Pop Warner.
Vanissa Eltiste, regarding new location for Pop Warner practice.
Silvia Ochoa, regarding new location for Pop Warner practice.
Mayor Leon called on the first speaker:
Danny Delfin, spoke on policing and safety issues.
Margarita Georgieva, spoke on traffic lights at Bon View Elementary School and semi- truck traffic.
Clara Cortez, spoke on traffic lights at Bon View Elementary School (Bon View and Philadelphia and Bon View and Spruce) and semi-truck traffic.
Levi Macedo, spoke on safety concerns at City parks.
Cassandra Sanchez, spoke on the Jesus Sanchez homicide case. 337
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Maria Romualdo, spoke on the Jesus Sanchez homicide case.
Randy Bekendam, spoke in opposition of warehouse construction.
Nayda Bahena, on behalf of Assemblymember Freddy Rodriguez, announced the 6th annual Women's Health Fair.
Nancy Suarez, spoke on misuse of City resources.
Lauren, spoke on misuse of City recourses.
Alicia Hedrick, spoke on misuse of City resources.
Richard Hedrick, spoke on misuse of City resources.
Mayor Leon stated he wanted a full report on the issue.
Chris Robles, spoke on the districting process.
Mayor Leon recessed the meeting at 7:19 p.m. and reconvened at 7:30 p.m.
REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced an update of the exhibit to the Resolution for placement of special assessments on the San Bernardino County tax rolls, indicating a sum of $14,341.50 was collected since the agenda was posted for a new total of $53,497.49.
CONSENT CALENDAR
ITEMS PULLED FROM CONSENT: Council Member Dorst-Porada pulled Item No. 11 for a separate vote.
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by vote 4-0, with Mayor pro Tem Wapner absent, to approve the Consent Calendar with exception of item no. 11.
1. APPROVAL OF 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.
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2. BILLS & PAYROLL
Bills from September 3, 2022 through September 29, 2022 in the amount of $31,621,375.82 and Payroll from August 28, 2022 through September 24, 2022 in the amount of $8,439,924.15 when audited by the Finance Committee.
A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN
BERNARDINO COUNTY TAX ROLLS
The City Council adopted 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.
RESOLUTION NO. 2022-142 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.
4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
VIDEO PRODUCTION SERVICES
The City Council authorized 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.
5. A PROFESSIONAL SERVICES AGREEMENT WITH RDC-S11, INC. FOR
LANDSCAPE, ARCHITECTURE, AND URBAN DESIGN CONSULTING
SERVICES
The City Council authorized the City Manager to execute a Professional Services Agreement 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.
6. DOWNTOWN ONTARIO RETAIL POP-UP PROGRAM
The City Council ("City") considered and:
A. Approved the adoption of the Downtown Ontario Retail Pop-Up Program; B. Authorized the City Manager to make any necessary adjustments and execute all necessary documents to implement the Program.
RESOLUTION NO. 2022-126 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND D 339
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STREET TOWNHOME APARTMENTS, LLC, WITH RESPECT TO
APPROXIMATELY 0.737 ACRES OF LAND LOCATED AT 120 WEST D STREET AND 420 NORTH LAUREL AVENUE (APNS: 1048-354-12 AND 1048-354-13).
A CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL SYSTEMS AT
CAMPUS AVENUE AT FRANCIS STREET AND CAMPUS AVENUE AT WALNUT STREET
The City Council awarded a construction contract with KDC Inc. of Los Alamitos, California, for the construction of traffic signal 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.
8. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH M JACK
BROOKS, JD FOR FINANCIAL CONSULTING SERVICES
The City Council authorized the City Manager to execute Amendment No. 6 adding $120,000 to the Professional Services Agreement 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.
9. ESTABLISHING A BANK ACCOUNT FOR THE ONTARIO HOUSING
AUTHORITY
The City Council ("City") and the Board of the Ontario Housing Authority ("Authority") authorized 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.
10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COLLABORATIVE SOLUTIONS, LLC.
The City Council authorized the City Manager to execute an Amendment to the Professional Services Agreement 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.
12. AUTHORIZE THE PURCHASE OF MOBILE HOME STRUCTURE FOR INTERIM FIRE STATION 11
The City Council authorized 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.
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13. A CONSTRUCTION CONTRACT AND A GOODS & SERVICES AGREEMENT
FOR OMUC, PARKS AND MAINTENANCE, AND INTEGRATED WASTE OFFICE
IMPROVEMENTS
The City Council took the following actions:
A. Authorized 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. Authorized a 10% contingency of $42,000 to address any unforeseen issues that arise during construction;
C. Authorized 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. Authorized 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.
14. A CONSTRUCTION CONTRACT AND TWO AMENDMENTS FOR THE
PRESSURE REDUCING STATION REHABILITATION PROJECT
The City Council took the following actions:
A. Approved the plans and specifications and awarded Contract No. UT 1041 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 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.
B. Approved and. authorized 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. Approved and. authorized the City Manager, or designee to execute Amendment No. 8 to the Professional Services Agreement (on file in the Records Management Department) 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. 341
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15. APPLICATION FOR THE US DEPARTMENT OF JUSTICE FISCAL YEAR 2022
COMMUNITY ORIENTED POLICING SERVICES HIRING PROGRAM GRANT The City Council authorized 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.
16. FIFTH AMENDMENT TO THE CONSOLIDATED PLAN ANNUAL ACTION PLAN FOR THE 2019-20 PROGRAM YEAR
The City Council approved the Fifth Amendment to the Consolidated Plan Annual Action Plan for the Program Year 2019-20 ("Substantial Amendment") and authorized the City Manager to take all actions necessary to implement the Substantial Amendment.
ITEM PULLED
11. AN ORDINANCE APPROVING FILE NO. PZC 19-001, A ZONE CHANGE AT 1063
EAST ELMA STREET
The City Council considered and adopted 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 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.
Council Member Dorst-Porada expressed her opposition.
MOTION: Moved by Council Member Bowman, seconded by Mayor Leon, motion failed by vote of 2-2, with Mayor pro Tem Wapner absent and Council Member Dorst-Porada and Council Member Valencia opposed.
City Council directed staff to bring the item back for reconsideration. 342
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PUBLIC HEARINGS
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)
The City Council considered and adopted:
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)
RESOLUTION NO. 2022-143 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
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.
RESOLUTION NO. 2022-144 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.
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 Susan Phillips in opposition and Mitchell M. Tsai in support. 343
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Mayor Leon opened the public hearing.
Public Comments:
Claudia Prats, spoke in opposition.
Irvin Santos, spoke in support.
Randy Bekendam, spoke in opposition.
Andres Bujanda, Jr. spoke in support.
Mike Madrid, spoke in support.
Angel Esparza, spoke in support.
Louie Lopez, spoke in support.
Frankie Jimenez, spoke in support.
Wyatt Stiles, spoke in support.
Jorge Soria, spoke in support.
City Attorney Duran provided background on the written communication in opposition.
Mayor Leon asked if there were additional requests to speak.
Margarita Georgieva Hernandez, spoke in opposition.
Hearing no other speakers, Mayor Leon closed the public hearing and opened the item for Council discussion.
After discussion, Council agreed to move the item forward.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by vote 3-1, with Mayor pro Tem Wapner absent, to adopt Resolution Nos. 2022-143 and 2022-144, with Council Member Valenica opposed.
STAFF MATTERS
City Manager Ochao made no announcements.
COUNCIL MATTERS
Council Member Dorst-Porada thanked residents for their comments. Asked for Council concurrence to adjourn in memory of former Library Commissioner George Albert Newberry.
Council Member Bowman thanked residents for their comments.
Council Member Valencia thanked residents for expressing concerns and spoke on school traffic concerns.
Mayor Leon spoke on community events in the City of Ontario and encouraged additional social media postings to bring added awareness to the Jesus Sanchez homicide case. 344
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:27 p.m. in memory of George Albert Newberry and announced the next regular meeting to be held on Tuesday, November 1, 2022.
Respectfully submitted,
Sheila Naut
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYORICHAIRMAN