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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 1, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 1, 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 Council Member Debra-Dorst-Porada.
INVOCATION
The invocation was led by Pastor Mike Urciuoli, Calvary Chapel Ontario.
SPECIAL CEREMONIES
A SPECIAL CEREMONY AND PRESENTATION RECOGNIZING WINNERS OF
RECREATION & COMMUNITY SERVICES PROGRAMMING
City Council recognized the winners of Recreation & Community Services Halloween programs.
Mayor Leon recessed the meeting at 6:53 p.m. and reconvened at 7:00 p.m. 346
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PUBLIC HEARINGS
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
The City Council opened a Public Hearing, reviewed, considered, and provided direction regarding the draft maps, and introduced an Ordinance to adopt a map.
ORDINANCE NO. 3224 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.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were four written communications from the following:
Loree Masonis, in opposition of districting.
Melissa May, in support of Map #17.
Estela Ballon, in support of. Map #17
Rosalina Mira, in support of Maps #10, and #17.
Mayor Leon opened the public hearing.
Assistant City Attorney Guiboa presented Map #17 and a suggested sequencing.
Scott Rafferty, spoke and encouraged City Council to accept Map #17.
Chris Robles, spoke in support of Map #17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
Yasmine Ramirez, spoke in support of Map #17.
Gabriela Mendez, spoke in support of Map #17.
Anthony Noriega, spoke in support of Map #17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
Yolanda Brown, spoke in support of Map #17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
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Ana Gonzalez, spoke in support of Map #17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
Randy Bekendam, spoke in support of Map #17 and suggested sequence 3 and 4 in 2024 and 1 and 2 in 2026.
Judy Jacobs, spoke in support of Map #17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
Maria Galvan, spoke in support of Map # 17 and suggested sequence 2 and 4 in 2024 and 1 and 3 in 2026.
Elizabeth Cena, spoke in support of Map #17.
Andrea Galvan, not present.
Hearing no other speakers, Mayor Leon closed the public hearing and opened the item for Council discussion.
City Council discussed the maps and focused on Map #17.
Mayor Leon recessed the public meeting at 7:42 p.m. and reconvened at 7:46 p.m.
City Council continued discussions of the maps and decided to move Map #17 forward.
MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0, to introduce Ordinance No. 3224.
13. A PUBLIC HEARING REGARDING THE ECONOMIC DEVELOPMENT SUBSIDY
REPORT AND A FOURTH AMENDMENT TO THE OPERATING COVENANT
AGREEMENT BETWEEN THE CITY 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
The City Council took the following actions:
A. Held the Public Hearing; and
B. Adopted 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 authorized the City Manager to execute the Agreement, and making related findings; and C. Adopted a Resolution approving the Agreement and authorized the City Manager to execute the Agreement, and making related findings; and 348
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D. Directed 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.
RESOLUTION NO. 2022-146 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.
RESOLUTION NO. 2022-147 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.
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. Hearing no speakers, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to adopt Resolution Nos. 2022-146 and 2022-147.
CONSENT CALENDAR
ITEM NO. 11 WAS PULLED FOR A SEPARATE VOTE.
MOTION: Moved by Dorst-Porada, seconded by Mayor Leon and carried by unanimous vote 5-0, to approve the Consent Calendar as presented, with the exception of Item
1. APPROVAL OF MINUTES
Miles for the randa meting of the co count a Housin brief Department.
2. BILLS & PAYROLL
Bills from September 30, 2022 through October 13, 2022 in the amount of $12,997,454.57 and Payroll from September 25, 2022 through October 8, 2022 in the amount of $4,006,493.41 when audited by the Finance Committee. 349
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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
The City Council ("City") took the following action:
A. Authorized 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. Authorized 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 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.
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
The City Council took the following action:
A. Authorized 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. Authorized 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.
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5. AMENDMENTS TO A PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON-CALL GEOTECHNICAL CONSULTING, AND
MATERIALS TESTING SERVICES
The City Council took the following action:
A. Authorized 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. Authorized 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.
6. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GO2ZERO STRATEGIES FOR ON-CALL SOLID WASTE CONSULTING
SERVICES
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with Go2Zero Strategies of Irwindale, California to provide On-call Solid Waste Consulting Services in a total amount not to exceed $300,000.
7. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR FISCAL YEAR 2023-24 WATER MAIN REPLACEMENT AND DOWNTOWN WATER MAIN
REPLACEMENT PROJECT
The City Council approved and authorized the City Manager to execute Amendment No. 12 to the On-Call Design Services Agreement 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.
8. APPOINTMENT OF MEMBERS TO THE BUILDING APPEALS BOARD The City Council approved the appointment of members to the City's Building Appeals Board.
9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council authorized 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 351
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Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 095121-NAF.
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
The City Council adopted 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.
RESOLUTION NO. 2022-145 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
ITEM PULLED FOR A SEPARATE VOTE:
11. AN ORDINANCE APPROVING FILE NO. PZC19-001, 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. Introduction and First reading took place at a regular meeting on October 4, 2022.
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.
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MOTION: Moved by Mayor Leon, seconded by Mayor pro Tem Wapner and carried by a vote of 3-2, with Council Members Dorst-Porada and Valencia opposed, to adopt Ordinance No. 3223.
ITEM NO. 12 - CONTINUED:
City Attorney Duran noted the requirement of the Ordinance title in Item No. 12 be read for the record and a vote be taken to waive further reading and introduce the Ordinance.
The Ordinance title was read into the record by City Attorney Duran.
MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Bowman and carried by unanimous vote of 5-0, to waiver further reading and introduce Ordinance No. 3224.
PUBLIC COMMENTS
Kelly Cavallero, spoke regarding zone changes.
Wendy Cavallero, declined to speak.
Raylene Chavez, was not present.
Stephanie Barbosa, spoke regarding traffic issues.
Barbara Lugo, spoke regarding school safety.
Randy Bekendam, was not present.
Karen Haughey, Representative of San Bernardino County Board Supervisor, Curt Hagman, announced upcoming events.
Cadence Casarez, began to campaign from the podium. Mayor Leon informed the speaker there was no electioneering permitted at the public meeting.
Frank Montez, began to campaign from the podium. Mayor Leon informed the speaker there was no electioneering permitted at the public meeting.
Mayor Leon recessed the meeting momentarily at 8:29 p.m. and reconvened at 8:29 p.m.
Jesse Fonseca, spoke on his concerns.
Council Member Dorst-Porada left the meeting at 8:31 p.m. 353
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:31 p.m.
Respectfully submitted,
CLERK/SECRETARY
APPROVED:
ésA
PAUL S. LEON, MAYOR CHAIRMAN