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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
JANUARY 17, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, January 17, 2023 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
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman 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.
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 6:01 p.m. for discussion of the following:
GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATE ITIGATION One (1) Cas
• 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
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OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:34 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Senior Pastor Gresford Thomas, Ontario Seventh-Day Adventist Church.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
PUBLIC COMMENTS
Karen Haughey, representative of San Bernardino County Board Supervisor Hagman's Office announced upcoming events.
Al Boling, with Life Stream Blood Bank announced mobile drives.
Kristine Scott, with SoCal Gas announced upcoming gas price increase and offered tips for cutting on gas prices.
Peggy Hazlett, President of the Greater Ontario Business Council announced upcoming events.
Krystle Joseph, with Big Brothers Big Sisters, talked about the importance of the program.
Stephanie, spoke on charging time limitations for EV stations.
Alfie Sanchez, with Majestic Cycling announced an upcoming bike race.
Karen May, invited residents to the Ontario International Airport Authority meeting.
Randy Bekendam, with Amy's Farm, announced upcoming fieldtrips.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced updated materials to the Exhibits of the resolution being considered under Agenda Item No. 6. The update reflects payments received from property owners up to 8:30am on Tuesday, January 17, 2023. The updated materials reflect a revised and reduced amount for assessments now totaling $72,323.41 related to 79 parcels, which means that $9,044.60 for 29 parcels was collected since the public agenda was prepared.
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CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Valencia and carried by unanimous vote 5-0, to approve the Consent Calendar as presented, with the exception of Item Nos. 11 and 13.
1. APPROVAL OF 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 regular meetings of the City Council and Housing Authority of December 20, 2022, and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills from December 2, 2022 through December 27, 2022 in the amount of $32,607, 194.55 and Payroll from November 20, 2022 through December 17, 2022 in the amount of $9,813,943.79, when audited by the Finance Department.
3. A DESIGN SERVICES AGREEMENT FOR A TRAFFIC SIGNAL SYSTEM (TR2304) AT SAN ANTONIO AVENUE AND STATE STREET
The City Council approved a Design Services Agreement 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 authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
4. A LICENSE AGREEMENT FOR MICROSOFT 365 SUBSCRIPTION WITH SOFTWAREONE INC.
The City Council authorized the City Manager to execute a three-year License Agreement with SoftwareONE Incorporated, of Milwaukee, Wisconsin, for a Citywide Microsoft 365 Subscription, in an amount not-to-exceed $1,608,651.
CONSTRUCTION CONTRACTS FOR ON-CALL FIBER CONDUIT AND CABLE
INSTALLATION FOR THE EXPANSION OF THE CITY'S BROADBAND FIBER
AND WIRELESS NETWORK
The City Council took the following actions:
A. Approved a Construction Contract No. BB-2022-001, On-call Fiber Conduit Installation Services, to HP Communications, Inc. of Corona, California, to 404
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provide fiber optic conduit installation services in the amount not to exceed $8,000,000; and
B. Approved a Construction Contract No. BB-2022-002, On-call Fiber Cable Installation Services, to SECC Corporation of Chino, California, to provide fiber optic cable installation services in the amount not to exceed $3,000,000; and
C. Authorized 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.
6. 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. 2023-001 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.
7. A DESIGN SERVICES AGREEMENT FOR THE SULTANA AVENUE STORM
DRAIN AND STREET IMPROVEMENTS PROJECT
The City Council approved a Design Services Agreement 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.
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
A. The City Council authorized the City Manager to execute a third amendment extending for three years, certain terms of the Disposition and Development Agreement ("DDA") with Ontario Mills Limited Partnership, allowing for the 405
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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, authorized 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
9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR GRANT MANAGEMENT SERVICES The City Council authorized 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 Protectior Agency (EPA) in an amount not to exceed $13,300.
10. AN AMENDMENT TO THE PROFESSONAL SERVICES AGREEMENT FOR
ENGINEERING DESIGN SERVICES FOR NATURAL GAS COMPRESSOR
REPLACEMENT AND UPGRADE PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 4 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.
12. A GOODS & SERVICES AGREEMENT FOR CITY HALL OFFICE
IMPROVEMENTS
A. The City Council authorized the City Manager or his designee to execute a Goods and Services Agreement with Kirksey & Co. of Irvine, California, for City Hail 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. 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. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-
CALL LAND ACQUISITION AND RELOCATION SERVICES
The City Council and Ontario Housing Authority Board of Directors ("City/Authority") approved and authorized 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.
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15. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH
PRIMA PARTNERS, LLC FOR STATE ADVOCACY SERVICES
The City Council authorized the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement 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.
16. A GOODS AND SERVICES AGREEMENT FOR EMPLOYEE UNIFORMS AND
EVENT SUPPLIES
The City Council authorized 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.
17. A CONSTRUCTION CONTRACT FOR THE DESTRUCTION OF WATER WELL NOS. 11, 15, 17, AND 26
The City Council approved the plans and specifications and award Contract No.
UT1617-02 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.
18. AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD2O- 001) AT 549 WEST HOLT BOULEVARD
The City Council considered and adopted 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.
ORDINANCE NO. 3240 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.
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ITEMS PULLED FOR DISCUSSION
Mayor pro Tem Dorst-Porada pulled Item No. 11 for a separate vote.
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 The City Council adopted 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.
RESOLUTION NO. 2023-002 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..
Mayor pro Tem Dorst-Porada pulled the item to clarify that the Development Plan must conform to the existing Specific Plan and stated she would like to see a five star hotel with the best amenities.
MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Valencia and carried by unanimous vote 5-0, to adopt Resolution No. 2023-002.
Council Member Valencia pulled Item No. 13 for a separate vote.
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, TERMINATING RELATIONSHIP WITH SISTER CITY
GUAMUCHIL, MEXICO
The City Council adopted a Resolution to end Sister City relationship with Guamuchil, Mexico.
RESOLUTION NO. 2023-003 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, TERMINATING RELATIONSHIP WITH SISTER CITY GUAMUCHIL, SINALOA, MEXICO.
Mayor Leon stated he was interested in a reciprocal Sister City relationship.
Council Member Wapner asked staff to bring back suggestions on how to improve the Sister City program.
MOTION: Moved by Council Member Wapner, seconded by Mayor Leon and carried by a vote 4-1, with Council Member Valencia opposed, to adopt Resolution No. 2023-003. 408
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PUBLIC HEARINGS
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
That City Council ("City") and the Board of the Ontario Housing Authority ("Authority") took the following actions:
A. Approved the Second Amendment to the FY 2021-22 Annual Action Plan "Substantial Amendment"); and
B. Authorized the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements
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 and inquired if anyone was interested in speaking to the item, hearing no speakers, he closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Dorst-Porada and carried by unanimous vote 5-0, to approve the second amendment to the Consolidated Plan Annual Action Plan for the 2021-22 Program Year to allocate funds received by from ARP.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
20. MODIFY THE CLASSIFICATION TITLE AND SALARY RANGE FOR THE CHIEF
DEPUTY FIRE CHIEF CLASSIFICATION, AND THE SALARY RANGE FOR THE
CLASSIFICATION OF DEPUTY POLICE CHIEF
The City Council modified and approved 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.
City Attorney Duran announced the modified salary ranges as $16,754 - $25,704 per month.
STAFF MATTERS
City Manager Ochoa made no comments.
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COUNCIL MATTERS
Mayor Leon made a call for Commission applications.
Mayor pro Tem Dorst-Porada announced free community college and encouraged residents to attend Inland Empire Utilities Agency meetings.
Council Member Wapner had no comments.
Council Member Bowman had no comments.
Council Member Valencia thanked staff for their work during the rainstorm and extended his condolences to Integrated Waste employee, Mike Leon's family.
Mayor Leon spoke on the cost of utilities.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:30 p.m. and announced the next regular meeting on February 7, 2023.
Respectfully submitted,
shulaeMaute
SHEÍLA MAUTZ, CITY CLERKISECRETARY
APPROVED: