CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER
1, 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. (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
PLEDGE OF ALLEGIANCE
Council Member Dorst-Porada
INVOCATION
Pastor Mike Urciuoli, Calvary Chapel Ontario
SPECIAL CEREMONY
A SPECIAL CEREMONY AND PRESENTATION RECOGNIZING WINNERS OF RECREATION &
COMMUNITY SERVICES PROGRAMMING
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.
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:
20221004 (Not official until approved)
2. BILLS & PAYROLL
3. AMENDMENTS TO DESIGN SERVICES AGREEMENTS FOR ON-CALL LANDSCAPE
ARCHITECTURAL SERVICES FOR THE CELEBRATION PARK NORTH IMPROVEMENTS
PROJECT, DE ANZA PARK SPLASH PAD IMPROVEMENTS PROJECT, ONTARIO TOWN SQUARE
GREEN ROOM AND RESTROOM IMPROVEMENTS PROJECT, AND DE ANZA PARK SOCCER
FIELD SYNTHETIC TURF PROJECT
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 October 4, 2022 and approving same as on file in the Records Management Department.
Bills September 30, 2022 through October 13, 2022, and Payroll September 25, 2022 through October 8, 2022 when audited by the Finance Committee.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement (on file in the Records Management Department) for contract No.
PM 1819-1 with Community Works Design Group of Riverside, California, to provide On- call Landscape Architectural Services for the Celebration Park North Improvements, De Anza Park Splash Pad Improvements, and Ontario Town Square Green Room and Restroom Improvements Projects in a total not-to-exceed amount of $200,000; and B
.
Authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement (on file in the Records Management Department) for contract No.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
4. AMENDMENTS TO THE MAINTENANCE SERVICES AGREEMENT WITH MERCHANTS FOR
LANDSCAPE MAINTENANCE SERVICES FOR EDENGLEN/SCE WALKING TRAIL AND
PARKWAYS IN THE ONTARIO RANCH AREA
5. AMENDMENTS TO A PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR
ON-CALL GEOTECHNICAL CONSULTING, AND MATERIALS TESTING SERVICES
6. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GO2ZERO
STRATEGIES FOR ON-CALL SOLID WASTE CONSULTING SERVICES
PM 1819-1 with RJM Design Group of San Juan Capistrano, California, to provide On-call Landscape Architectural Services for the De Anza Park Soccer Field Synthetic Turf Project in a total not-to-exceed amount of $200,000.
That the City Council takes the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 3 to the Maintenance Services Agreement (on file with Records Management) for contract No.
PM 1617-12 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services for the Edenglen/SEC Walking Trail in the amount of $23,862 for a new not to exceed amount of $1,563,922; and B
.
Authorize the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement (on file with Records Management) for contract No.
PM 1920-6 with Merchants Landscape Services, Inc. of Rancho Cucamonga, California, for landscape maintenance services for two parkway planter areas at Park Place located in the Ontario Ranch area in the amount of $24,878 for a new not to exceed amount of $640,209.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 19 to the On-call Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California, to provide on-call geotechnical consulting and materials testing for the City Hall Parking Structure Project in the amount of $35,074 for a new not-to-exceed total of $1,677,189; and
B
.
Authorize the City Manager or his designee to execute Amendment No. 20 to the On-call Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California, to provide on-call geotechnical consulting and materials testing for the CNG Compressor Replacement Project in the amount of $13,845 for a new not-to-exceed total of $1,691,034.
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 Go2Zero Strategies of Irwindale, California to provide On-call Solid Waste Consulting Services in a total amount 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. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR FISCAL YEAR 2023-24
WATER MAIN REPLACEMENT AND DOWNTOWN WATER MAIN REPLACEMENT PROJECT
ATTACHMENT:
Exhibit A Water Main Improvements^01
ATTACHMENT:
Exhibit B Downtown Water Main Improvements^02
8. APPOINTMENT OF MEMBERS TO THE BUILDING APPEALS BOARD
9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
10. A RESOLUTION AUTHORIZING AN AMENDMENT TO AND RESTATEMENT OF AN
ACQUISITION AND FUNDING AGREEMENT AND AN AMENDMENT AND RESTATEMENT OF A
MEMORANDUM OF AGREEMENT WITH NMC BUILDERS LLC
ATTACHMENT:
Amended_and_Restated_Acquisition_K_and_Memo_of_K_Ontario_NMC _Builders^01 RESO^RM.doc
ATTACHMENT:
20221101 Amended and Restated Acquisition^02
That the City Council approve and authorize the City Manager to execute Amendment No. 12 to the On-Call Design Services Agreement (on file in the Records Management Department) with Infrastructure Engineering Corporation, of Irvine, California, for a total not-to-exceed amount of $587,136 for design services and a term from November 1, 2022 to May 6, 2023.
That the City Council approve the appointment of members to the City's Building Appeals Board.
That the City Council authorize the cooperative purchase of six Ford Police utility vehicles in the amount of $330,000 and five Ford Expeditions vehicles for the Police Department in the amount of $290,000 from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 095121-NAF.
That the City Council adopt a Resolution to:
A
.
Authorize the execution of an Amended and Restated Acquisition and Funding Agreement between the City of Ontario and NMC Builders LLC to provide for the future acquisition of completed public facilities constructed by and/or funded directly by NMC Builders LLC members, both as individual members and jointly, with the proceeds of Community Facilities District (CFD) special tax bonds from recently formed and future CFDs; and
B
.
Authorize the execution of an Amended and Restated Memorandum of Agreement between the City of Ontario and NMC Builders LLC regarding the application of the City's Local Goals and Policies for Community Facilities Districts and to provide a priority of uses for the proceeds of bonds issued pursuant to recently formed and future CFDs.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED
ACQUISITION AND FUNDING AGREEMENT AND AN AMENDED AND RESTATED MEMORANDUM OF AGREEMENT.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20221101 Amended & Restated Memo of Agreement^03
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
12. A PUBLIC HEARING TO REVIEW INITIAL DRAFT DISTRICTING MAPS FOR THE DISTRICT-
BASED ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT AND INTRODUCE AN
ORDINANCE TO ADOPT A MAP
ATTACHMENT:
Ordinance Changing to By-District Election^01^RM.doc
13. A PUBLIC HEARING REGARDING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT AND A
FOURTH AMENDMENT TO THE OPERATING COVENANT AGREEMENT BETWEEN THE CITY 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.
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 open a Public Hearing, review, consider, and provide direction regarding the draft maps, and introduce an Ordinance to adopt a map.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY’S ELECTORAL SYSTEM FROM AT-LARGE TO BY-
DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS AND
MAINTAINING AN ELECTIVE MAYOR, ESTABLISHING DISTRICT BOUNDARIES,
SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov OF ONTARIO AND MARK CHRISTOPHER CHEVROLET, INC. PURSUANT TO GOVERNMENT CODE SECTION 53083; CONSIDERATION OF RESOLUTIONS ACCEPTING THE ECONOMIC
DEVELOPMENT SUBSIDY REPORT, APPROVING THE OPERATING COVENANT AGREEMENT,
AND MAKING RELATED FINDINGS
ATTACHMENT:
Mark Christopher Chevrolet Economic Subsidy Report^01RESO^RM
ATTACHMENT:
Mark Christopher Chevrolet Operating Covenant Extension^02 RESO^RM
ATTACHMENT:
Mark Christopher Chevrolet Operating Covenant Agreement Amend^03
That the City Council take the following actions:
A
.
Hold the Public Hearing; and
B
.
Adopt a Resolution accepting the Economic Development Subsidy Report regarding a Fourth Amendment to the Operating Covenant Agreement ("Agreement"), (on file with the Records Management Department) by and between the City of Ontario and Mark Christopher, Inc., and authorizing the City Manager to execute the Agreement, and making related findings; and
C
.
Adopt a Resolution approving the Agreement and authorizing the City Manager to execute the Agreement, and making related findings; and D
.
Direct City Staff to file a Notice of Exemption based upon the City Council's finding that the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING
COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND MARK CHRISTOPHER CHEVROLET, INC.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING THE OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND MARK CHRISTOPHER CHEVROLET, INC. AND MAKING RELATED FINDINGS.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 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