CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JANUARY 17, 2023
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN 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:
20230117 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
Dorst-Porada, Wapner, Bowman, 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 (1) Case
GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS51010
GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB 2211925
PLEDGE OF ALLEGIANCE
Council Member Valencia
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
INVOCATION
Senior Pastor Gresford Thomas Ontario Seventh-Day Adventist Church
REPORT ON CLOSED SESSION
City Attorney
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.
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 December 6, 2022, special meetings of the City Council and Housing Authority of December 9, 2022, and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20221206 Minutes (Not Official Until Approved).pdf
ATTACHMENT:
20221209 Minutes (Not Official Until Approved).pdf
ATTACHMENT:
20221220 Minutes (Not Official Until Approved).pdf
2. BILLS & PAYROLL
3. A DESIGN SERVICES AGREEMENT FOR A TRAFFIC SIGNAL SYSTEM (TR2304) AT SAN
ANTONIO AVENUE AND STATE STREET
4. A LICENSE AGREEMENT FOR MICROSOFT 365 SUBSCRIPTION WITH SOFTWAREONE INC.
5. CONSTRUCTION CONTRACTS FOR ON-CALL FIBER CONDUIT AND CABLE INSTALLATION
FOR THE EXPANSION OF THE CITY'S BROADBAND FIBER AND WIRELESS NETWORK regular meetings of the City Council and Housing Authority of December 20, 2022, and approving same as on file in the Records Management Department.
Bills December 2, 2022 through December 27, 2022, and Payroll November 20, 2022 through December 17, 2022, when audited by the Finance Committee.
That the City Council approve a Design Services Agreement (on file in the Records Management Department) with JMD of City of Industry, California, to provide engineering design services for a Traffic Signal System at San Antonio Avenue and State Street in the amount of $197,006 plus a 10% contingency of $19,700, for a total authorized amount expenditure of $216,706; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
That the City Council authorize the City Manager to execute a three-year License Agreement (on-file with the Records Management Department) with SoftwareONE Incorporated, of Milwaukee, Wisconsin, for a Citywide Microsoft 365 Subscription, in an amount not-to-exceed $1,608,651.
That the City Council take the following actions:
A
.
Approve Construction Contract No. BB-2022-001, On-call Fiber Conduit Installation Services (on file in the Records Management Department), to HP Communications, Inc. of Corona, California, to provide fiber optic conduit installation services in the amount not to exceed $8,000,000; and
B
.
Approve Construction Contract No. BB-2022-002, On-call Fiber Cable Installation Services (on file in the Records Management Department), to SECC Corporation of Chino, California, to provide fiber optic cable installation services in the amount not to exceed $3,000,000; and
C
.
Authorize the City Manager or designee to execute said contracts for three-year terms with the option to extend the respective contracts for up to two additional one-year periods at the City's discretion, and to execute all documents required for the completion of the project, including, but not limited to purchase orders, contracts, agreements, easements, reduction of retention accounts, and the filing of a Notice of Completion at the conclusion of all related work.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
6. 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 Exhibit A.pdf
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^03 Exhibit B.pdf
ATTACHMENT:
Comm Imp Special Assessments for County Tax Rolls^04 Exhibit C.pdf
7. A DESIGN SERVICES AGREEMENT FOR THE SULTANA AVENUE STORM DRAIN AND STREET
IMPROVEMENTS PROJECT
ATTACHMENT:
EXHIBIT A Location Map.pdf
8. A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH
ONTARIO MILLS LIMITED PARTNERSHIP TO ALLOW FOR THE CONTINUED PROVISION OF
POLICE AND PUBLIC SAFETY SERVICES AT THE ONTARIO MILLS MALL
9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR GRANT MANAGEMENT SERVICES
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 approve a Design Services Agreement (on file in the Records Management Department) with Infrastructure Engineering Corporation, an Ardurra Company, of El Segundo, California, to provide engineering design services for the Sultana Avenue Storm Drain and Street Improvements Project in the amount of $812,605; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
That the City Council:
A
.
Authorize the City Manager to execute a third amendment (on file in the Records Management Department) extending for three years, certain terms of the Disposition and Development Agreement ("DDA") with Ontario Mills Limited Partnership, allowing for the City's continued provision of police and public safety services through December 31, 2025; and
B
.
Consistent with certain terms and conditions of the DDA, authorize the billing of fees in the amount of $78,750 for each six-month period that such police and public safety services are rendered at the Ontario Mills Mall
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
10. AN AMENDMENT TO THE PROFESSONAL SERVICES AGREEMENT FOR ENGINEERING
DESIGN SERVICES FOR NATURAL GAS COMPRESSOR REPLACEMENT AND UPGRADE
PROJECT
11. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20253, LOCATED AT THE SOUTHEAST CORNER OF
ARCHIBALD AVENUE AND GUASTI ROAD
ATTACHMENT:
20230117_Parcel_Map_20253_1_Exh_A.pdf
ATTACHMENT:
20230117 Parcel Map 20253 2 RESO^RM
12. A GOODS & SERVICES AGREEMENT FOR CITY HALL OFFICE IMPROVEMENTS
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, That the City Council authorize the City Manager or his designee to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for two grant applications from the Environmental Protection Agency (EPA) in an amount not to exceed $13,300.
That the City Council authorize the City Manager or his designee to execute Amendment No. 4 (on file in the Records Management Department) to the Professional Services Agreement with STV Energy Services, Inc. of Douglassville, Pennsylvania, for engineering design services for the City’s Compressed Natural Gas (CNG) Compressor Replacement and Upgrade Project, adding $16,070 for a revised total contract authorization of $204,390 and a term from December 22, 2022 to April 17, 2023.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20253, located at the southeast corner of Archibald Avenue and Guasti Road, located within the Guasti Plaza Specific Plan area.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20253 LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND GUASTI ROAD.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute a Goods and Services Agreement with Kirksey & Co. of Irvine, California, for City Hall Second Floor Office Improvements Project for Furniture, Fixtures, and Equipment (FF&E), consistent with the terms and conditions of the cooperative purchasing contract with Omnia #R191804 in the amount of $55,712; and
B
.
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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, MEXICO
ATTACHMENT:
Terminating Sister City of Guamuchil Mexico^RM
14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL LAND
ACQUISITION AND RELOCATION SERVICES
15. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PRIMA PARTNERS, LLC
FOR STATE ADVOCACY SERVICES
16. A GOODS AND SERVICES AGREEMENT FOR EMPLOYEE UNIFORMS AND EVENT SUPPLIES
17. A CONSTRUCTION CONTRACT FOR THE DESTRUCTION OF WATER WELL NOS. 11, 15, 17, AND 26
ATTACHMENT:
Exhibit A - Destruction of Water Wells.pdf
18. AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST
HOLT BOULEVARD
That the City Council adopt a Resolution to end Sister City relationship with Guamuchil, Mexico.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, SINALOA, MEXICO.
That the City Council and Ontario Housing Authority Board of Directors ("City/Authority") approve and authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Property Specialists, Inc. (dba CPSI) in the amount of $100,000.
That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with Prima Partners, LLC, for State Advocacy Services, for two additional years and increase compensation by $300,000, for a new total not-to-exceed contract amount of $450,000.
That the City Council authorize the City Manager or designee to execute a Goods and Services Agreement with J6D, Inc. of Ontario, California for employee uniforms and event supplies for the Recreation and Community Services Department, for a total not to exceed amount of $300,000 for a three-year contract period.
That the City Council approve the plans and specifications and award Contract No. UT1617-02 (on file in the Records Management Department) to General Pump of San Dimas, California, for the destruction of Water Well Nos. 11, 15, 17, and 26, in the amount of $541,575 plus a 10% contingency of $54,158, for a total not-to-exceed amount of $595,733, a term of 120 calendar days after issuance of notice to proceed, and authorize the City Manager or designee to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
File No. PUD20-001^01 PC Backup
ATTACHMENT:
File No. PUD20-001^02 ORD^RM
ATTACHMENT:
File No. PUD20-001^03 ORD-PUD ATTACHMENT A
19. A PUBLIC HEARING TO CONSIDER THE SECOND AMENDMENT TO THE CONSOLIDATED PLAN ANNUAL ACTION PLAN FOR THE 2021-22 PROGRAM YEAR TO ALLOCATE FUNDS
RECEIVED FROM THE AMERICAN RESCUE PLAN (ARP) ACT HOME SUPPLEMENTAL
ALLOCATION
ATTACHMENT:
DRAFT HOME-ARP Allocation Plan 12192022.pdf
ATTACHMENT:
Draft Second Amendment with Appendices.pdf
20. MODIFY THE CLASSIFICATION TITLE AND SALARY RANGE FOR THE CHIEF DEPUTY FIRE
CHIEF CLASSIFICATION, AND THE SALARY RANGE FOR THE CLASSIFICATION OF DEPUTY That the City Council consider and adopt an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT (THE
ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) ESTABLISHING DEVELOPMENT
STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR
0.81-ACRE OF LAND LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.
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 City Council ("City") and the Board of the Ontario Housing Authority ("Authority") take the following actions:
A
.
Approve the Second Amendment to the FY 2021-22 Annual Action Plan (on file in the Records Management Department) (“Substantial Amendment”); and B
.
Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
POLICE CHIEF
That the City Council modify and approve the new classification title for Chief Deputy Fire Chief to Chief Deputy (Fire) including modifying the established salary ranges for this classification, as well as for the classification of Deputy Police Chief to minimize disparity with salary ranges while maintaining the City’s competitiveness in attracting and retaining highly qualified individuals.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
CALL FOR COMMISSION APPLICATIONS
Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
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