412
ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY/SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY
MINUTES
FEBRUARY 7, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority and Successor Agency to the Redevelopment Agency were held on Tuesday, February 7, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:32 p.m.
ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada (arrived at 5:34 p.m.) 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 5:33 p.m. for discussion of the following:
• GC 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
• GC 54956.9(d)(1), GC GC 54957.6, LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: Ontario Police Officers Association
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session. 413
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
The invocation was led by Chairwoman of the Elders, Vicki Garcia First Christian Church Ontario.
REPORT ON CLOSED SESSION
City Attorney Duran announced that there was no reportable action.
PUBLIC COMMENTS
There were five emailed comments:
Jacqueline Pata, regarding zoning.
Dawn Hundley, regarding homeless shelters.
Nadya Bahena, upcoming events for Assemblymember Rodriguez.
Harvey Sherback, regarding solar installation.
Mayor Leon called upon the first speaker.
Randy Benkendam, spoke on the number of warehouses being built in the City.
Roque Romo, invited Council to the Ontario Fast Pitch game.
Chloe and Summer Butarbutar, announced upcoming events with the Chino Basin Water Conservation District and spoke on the importance of ground water.
Gloria Zamora, spoke on recent sand storms and the amount of dust that has been blown into her home.
Mayor Leon announced Assemblymember Rodriquez's upcoming event at Mestiza Coffee House.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Dorst-Porada and carried by unanimous vote 5-0, to approve the Consent Calendar. 414
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of January 3, 2023 and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills from December. 28, 2022 through January 19, 2023 in the amount of $35,344,698.30 and Payroll from December 18, 2022 through January 14, 2023 in the amount of $8,282,179.67, when audited by the Finance Committee.
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR FINAL TRACT MAP NO. 16486, LOCATED ON OLIVE STREET, APPROXIMATELY 655 FEET EAST OF BAKER AVENUE The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Tract Map No. 16486, located on Olive Street, approximately 655 feet east of Baker Avenue.
RESOLUTION NO. 2023-004 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR FINAL TRACT MAP NO. 16486, LOCATED ON OLIVE STREET, APPROXIMATELY 655 FEET EAST OF BAKER AVENUE.
4. A CONSTRUCTION CONTRACT FOR THE 2022 SPRING ALLEY CDBG
PAVEMENT REHABILITATION PROJECT
The City Council awarded a construction contract (on file in the Records Management Department) with Wheeler Paving, Inc. of Riverside, California, for the 2022 Spring Alley CDBG Pavement Rehabilitation Project (Project) in the amount of $977,805; 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 all construction activities.
5. A RESOLUTION AUTHORIZING AN AMENDED AND RESTATED ACQUISITION
AND FUNDING AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, LLC The City Council adopted a Resolution authorizing the execution of an Amended and Restated Acquisition and Funding Agreement between the City of Ontario and Lennar Homes of California, LLC (the "Developer") to provide for the future acquisition of completed public facilities constructed by and/or funded directly by the Developer, with the proceeds of City of Ontario Community Facilities District No. 55 (Parklane) (the "CFD") special tax bonds.
415
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
RESOLUTION NO. 2023-005 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.
6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR PROJECT NO. PDEV21-013 LOCATED AT THE
SOUTHEAST CORNER OF HAVEN AVENUE AND FOURTH STREET
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV21-013, located at the southeast corner of Haven Avenue and Fourth Street, within the Piemonte Overlay of the Ontario Center Specific Plan area.
RESOLUTION NO. 2023-006 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR PROJECT NO. PDEV21-013
LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND FOURTH STREET.
7. A MODIFICATION TO THE EASEMENT AGREEMENT BETWEEN THE CITY OF
ONTARIO AND NATIONAL RAILROAD PASSENGER CORPORATION
The City Council approved a Modification to Easement Agreement No. 2 between le City of Ontario and National Railroad Passenger Corporation (Amtrak) an uthorized the City Manager to execute the Agreement and all other relate documents.
8. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENTS FOR ON-
CALL ARCHITECTURAL SERVICES
The City Council ("City") and Ontario Housing Authority ("Board Authority") approved and authorized the City Manager/Executive Director to execute Amendment No. 13 to Professional Services Agreements with Robert Borders & Associates to increase the not-to-exceed amount by $89,388 to $459,468.
9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR THE
CONSULTING SERVICES TO MANAGE AND MAINTAIN THE CITY'S
ENTERPRISE GEOGRAPHIC INFORMATION SYSTEM
The City Council authorized the City Manager to execute an Amendment to the current Agreement (on-file with the Records Management Department) with Geographic Information Services, Inc., Birmingham, Alabama, for consulting services to manage and maintain the City's Enterprise Geographic Information System (GIS) for a total not to exceed amount of $700,000 and extend the term for three years.
416
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
10. APPROVAL OF ALLOCATION AND SPENDING PLAN FOR THE HOMELAND SECURITY GRANT ASSISTANCE PROGRAM (HSGP) FOR FISCAL YEARS 2020 AND 2021
The City Council approved and authorized the City Manager to execute all documents necessary to participate in Homeland Security Grant Assistance Program spending plan for 37,073 for FY20 and 36,426 for FY21.
11. APPROVAL OF ALLOCATION AND SPENDING PLAN FOR THE BUREAU OF
JUSTICE ASSISSTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE PROGRAM FOR FISCAL YEAR 2022
The City Council approved and authorized the City Manager to execute all documents to participate in the Bureau of Justice Assistance (BJA) Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and approved the proposed $48,930 grant spending plan.
12. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT
FUNDING FOR THE EUCLID AVENUE RECYCLED WATER PROJECT FROM
THE STATE WATER RESOURCES CONTROL BOARD
The City Council adopted a Resolution approving the filing of an application for grant funds from the State Water Resources Control Board for the Euclid Avenue Recycled Water Project and authorized the City Manager or designee to execute any documents including; applications, agreements, and request for reimbursements to carry out necessary project related activities and implement the program.
RESOLUTION NO. 2023-007 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE FILING OF AN
APPLICATION FOR GRANT FUNDING FOR THE EUCLID AVENUE RECYCLED WATER PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD.
13. THREE AMENDMENTS TO THE SERVICE AGREEMENTS FOR ONTARIO
MUNICIPAL SERVICES CENTER MODULAR OFFICES
The City Council took the following actions:
A. Approved and authorized the City Manager, or designee to execute Amendment No. 2 to the Goods and Services Agreement (on file in the Records Management Department) with Williams Scotsman Inc. of Baltimore, Maryland, for a total not-to-exceed amount of $28,727 and a term from May 18, 2021, to August 7, 2023, for modifications to the existing Ontario Municipal Service Center (OMSC) modular buildings.
B. Approved and , authorized the City Manager, or designee to execute Amendment No. 1 to the Maintenance Service Agreement (on file in the Records Management Department) with G.M. Sager Construction Company Inc. of Pomona, California, for a total not-to-exceed amount of $128,058 and 417
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
a term from September 6, 2022, to June 30, 2027, for the modification and reconfiguration of the OMSC parking lot.
C. Approved and authorized the City Manager, or designee to execute Amendment No. 5 to the Maintenance Service Agreement (on file in the Records Management Department) with Bay Alarm Co. of Concord, California, for a total not-to-exceed amount of $37,496 and a term from July 1, 2020, to June 30, 2025, for the OMSC security system installation.
14. AN AMENDMENT TO DESIGN SERVICES AGREEMENT WITH RJM DESIGN
GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE
ONTARIO SPORTS COMPLEX PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 3 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 Ontario Sports Complex Project in a total amount of $65,000 and a total not-to exceed amount of $265,000.
15. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY
MEETING
The City Council appointed Mayor pro Tem Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.
16. A SUPPORT SERVICES AGREEMENT WITH PLANETBIDS, INC.
The City Council authorized the City Manager or designee to execute a five-year Support Services Agreement (on file with the Records Management Department) with PlanetBids, Inc., of Studio City, California, for a Citywide Support Services Agreement for five years and a total contract amount not-to-exceed $327,077.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
17. A JOINT RESOLUTION AUTHORIZING THE CITY MANAGER / EXECUTIVE
DIRECTOR TO EXECUTE CONTRACTS ON BEHALF OF THE CITY I AGENCY /
AUTHORITY FOR THE ACQUISITION OF EQUIPMENT, MATERIALS,
SUPPLIES, LABOR SERVICES OR OTHER ITEMS UP TO A maxiMuM of $150,000, AND INTRODUCTION OF AN ORDINANCE AMENDING THE ONTARIO
MUNICIPAL CODE RELATING TO PURCHASING AUTHORITY OF THE CITY
MANAGER FOR PUBLIC PROJECTS
The City Council, Successor Agency to The Ontario Redevelopment Agency and Ontario Housing Authority took the following action:
418
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
A. Adopted a Joint Resolution of the City of Ontario, Successor Agency to the Ontario Redevelopment Agency and Ontario Housing Authority increasing the City Manager's spending authority for the acquisition of equipment, materials, supplies, labor services or other items up to a maximum of $150,000.
B. Introduced an Ordinance to amend the Ontario Municipal Code to increase the City Manager's spending authority for Public Projects up to a maximum of $150,000.
RESOLUTION NO. 2023-008/SA-019/OHA-113 A JOINT RESOLUTION OF THE
CITY OF ONTARIO, SUCCESSOR AGENCY TO THE ONTARIO
REDEVELOPMENT AGENCY AND ONTARIO HOUSING AUTHORITY
AUTHORIZING THE CITY MANAGER / EXECUTIVE DIRECTOR TO EXECUTE
CONTRACTS ON BEHALF OF THE CITY / AGENCY FOR THE ACQUISITION OF
EQUIPMENT, MATERIALS, SUPPLIES, LABOR SERVICES OR OTHER ITEMS UP TO A MAXIMUM OF $150,000.
ORDINANCE NO. 3242 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-
6.18(H) OF CHAPTER 6 OF TITLE 2 OF THE ONTARIO MUNICIPAL CODE
RELATING TO PURCHASING AUTHORITY OF THE CITY MANAGER FOR PUBLIC PROJECTS.
MOTION: Moved by Mayor pro Tem Dorst Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to adopt Resolution No. 2023-008/SA-019/OHA-113 and introduce Ordinance No. 3242.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
• CITY COUNCIL APPOINTMENTS
Mayor Leon indicated that he reviewed the list of current Council appointments and the listed appointments were still the best options for representation, with the exception of the Chino Basin Watermaster Board. Mayor Leon moved to change the primary to the Utilities General Manager, Scott Burton and Mayor pro Tem Dorst-Porada as the alternate.
MOTION: Moved by Mayor Leon, seconded by Council Member Bowman and carried by unanimous vote 5-0, to appoint the Utilities General Manager, Scott Burton as primary and Mayor pro Tem Dorst-Porada as the alternate, and keep the rest of the appointments the same.
Council Member Valencia spoke about hate mail that was distributed near his home and urged residents to call the Ontario Police Department if this is delivered to their homes. 419
Ontario City Council/Ontario Housing/Successor Agency to the Redevelopment Agency Regular Meeting Minutes - February 7, 2023
Council Member Wapner complimented Mayor pro Tem Dorst-Porada for the Museum getting its accreditation.
Mayor Leon asked Utilities General Manager Scott Burton to speak on water reserves.
Utilities General Manager Burton clarified the path water takes after a storm.
Mayor Leon shared information regarding the changing cost of solar and the increasing cost of natural gas.
Mayor pro Tem Dorst-Porada thanked Museum Staff for the work at the Ontario Museum.
Council Member Bowman made no comments.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:00 p.m. in memory of Mike Leon and announced the next regular meeting on February 21, 2023.
Respectfully submitted,
Sheila Mauth
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYORICHAIRMAN