CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
FEBRUARY 21, 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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact 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.
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 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 2102-04-17; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: San Juan Owners LLC; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-56-607; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Overland Direct LLC; Wascher INC; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Mayor pro Tem Dorst-Porada
INVOCATION
Pastor (Dr.) Francesca Fajinmi Dios International Missionary Church
REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.
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:
20230117 Special Minutes (Not Official Until Approved)
ATTACHMENT:
20230117 Minutes (Not Official Until Approved)
ATTACHMENT:
20230119 Special Minutes (Not Official Until Approved)
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 special meetings of the City Council and Housing Authority of January 17, 2023, the regular meetings of the City Council and Housing Authority of January 17, 2023, the special meetings of the City Council and Housing Authority of January 19, 2023, and approving same as on file in the Records Management Department.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT FOR THE COMPUTER-AIDED
DISPATCH (CAD) REPLACEMENT PROJECT
4. A CONSTRUCTION CONTRACT AND TWO AMENDMENTS FOR AUTOMATED WATER METER
READING WITH ADVANCED METERING INFRASTRUCTURE TECHNOLOGY
ATTACHMENT:
Exhibit A - AMI Attachment.pdf
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20339, LOCATED AT THE SOUTHWEST CORNER OF PALM
AVENUE AND TRANSIT STREET
Bills January 20, 2023 through February 9, 2023, and Payroll January 15, 2023 through January 28, 2023, when audited by the Finance Committee.
That the City Council authorize the City Manager to execute an Amendment to the current Agreement (on file with the Records Management Department) with National Public Safety Group, LLC., of Aberdeen, North Carolina, for consulting services for the selection, procurement, and project management for the computer-aided dispatch (CAD) replacement project for a total not-to-exceed amount of $377,219.
That the City Council take the following actions:
A
.
Approve the plans and specifications and award Contract No. UT 1053 (on file in the Records Management Department) to LEED Electric Inc. of Santa Fe Springs, California, for the Automated Water Meter Reading with Advance Metering Infrastructure (AMI) Technology (Phase 1) Project, in the amount of $1,146,700 plus a 15% contingency of $172,005, for a total not-to-exceed amount of $1,318,705, a term of 240 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.
B
.
Approve and authorize the City Manager, or designee to execute Amendment No. 9 to the Professional Services Agreement (on file in the Records Management Department) with Wallace and Associates Consulting LLC. of Santa Ana, California, for a total not-to- exceed amount of $220,560 for construction management and inspection services and a term from February 21, 2023, to October 1, 2024.
C
.
Approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement (on file with the Records Management Department) with Hazen and Sawyer Co. of Irvine, California, for a total not-to-exceed amount of $137,500 for construction engineering services and a term from February 21, 2023, to October 1, 2024.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20339, located at the southwest corner of Palm Avenue and Transit Street.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Parcel Map 20339^01^Exh^A
ATTACHMENT:
20230221 Parcel Map 20339^2 RESO^RM
6. DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 22-23
ATTACHMENT:
20230221 Downtown Ontario CBD FY22-23^01 RESO^RM
ATTACHMENT:
20230221 DOIA ANNUAL REPORT 2022-2023^02 EXH A
7. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR ENGINEERING GRANT
SUPPORT SERVICES
8. AN AMENDMENT TO DESIGN SERVICES AGREEMENT WITH HMC ARCHITECTS FOR ON-CALL
ARCHITECTURAL, SPACE PLANNING AND ENGINEERING SERVICES FOR THE CITY HALL
ANNEX PROJECT
9. A RESOLUTION OF INTENT TO VACATE FERN AVENUE FROM TRANSIT STREET TO EMPORIA STREET
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20339 LOCATED AT THE SOUTHWEST CORNER OF PALM AVENUE AND TRANSIT STREET.
That the City Council adopt a Resolution approving the Downtown Ontario Improvement Association (“DOIA”) Annual Report for FY 2202-23.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING THE ANNUAL REPORT SUBMITTED BY THE DOWNTOWN ONTARIO
IMPROVEMENT ASSOCIATION FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY 2022-23.
That the City Council authorize the City Manager, or designee to execute Amendment No. 15 to the On-Call Design Services Agreement (on file in the Records Management Department) with Infrastructure Engineering Co. (IEC) of Irvine, California, for a total not-to-exceed amount of $100,000 for grant support services and a term from May 7, 2019, to May 6, 2024.
That the City Council authorize the City Manager or his designee to execute Amendment No. 2 to the Design Services Agreement (on file in the Records Management Department) with HMC Architects of Ontario, California, to provide On-call Architectural, Space Planning and Engineering Services for the City Hall Annex Project in a total not-to-exceed amount of $3,978,123.
That the City Council adopt a Resolution declaring the intent to vacate Fern Avenue from Transit Street to Emporia Street and set the date, time and place for the public hearing.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
PERTAINING TO THE VACATION OF FERN AVENUE FROM TRANSIT STREET TO CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
NOI to Vacate Fern^01^Exh A
ATTACHMENT:
20230221 NOI to Vacate Fern^02 RESO^RM
ATTACHMENT:
NOI to Vacate Fern^03^Exh^A and B
10. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE RENTAL EQUIPMENT AND
ENTERTAINMENT SERVICES FOR SPECIAL EVENTS
11. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE TRANSLATION AND COPY EDITING
12. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AGREEMENT AUTHORIZING CITY
OF ONTARIO TO ENFORCE TRESPASSING AND PARKING VIOLATIONS AT DISTRICT
PROPERTY WITHIN THE CITY
13. ADOPTION OF AN ORDINANCE AMENDING THE ONTARIO MUNICIPAL CODE RELATING TO
PURCHASING AUTHORITY OF THE CITY MANAGER FOR PUBLIC PROJECTS
ATTACHMENT:
Increasing City Manager Spending Authority for Public Projects ORD^RM
EMPORIA STREET AND TO SET THE DATE, TIME AND PLACE FOR A PUBLIC HEARING.
That the City Council approve the attached list of pre-authorized vendors to provide rental equipment and entertainment services for the Community Life & Culture Agency.
That the City Council approve the attached list of pre-authorized vendors to provide translation and copy-editing services for the Community Life & Culture Agency.
That the City Council approve San Bernardino County's Flood Control District Agreement which authorizes law enforcement officers and code enforcement officers of the City of Ontario to enforce trespassing and parking violations on Flood Control District property within Ontario's city limits.
That the City Council adopt
an
Ordinance,
first introduced on February 7, 2023, to amend the
Ontario Municipal Code to increase the City Manager’s spending authority for Public Projects up to a maximum of $150,000.
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.
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, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
14. A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT, FILE NO. PCUP22-006, TO ESTABLISH AND OPERATE A 118-ROOM LIMITED-SERVICE HOTEL ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CORONA AVENUE AND G STREET (APN: 0110-241-33)
ATTACHMENT:
File No. PCUP22-006 Everhome CC^02 AR ATTACH A - MARKET STUDY
ATTACHMENT:
File No. PCUP22-006 Everhome CC^03 AR ATTACH B - Opposition Letter #2
ATTACHMENT:
File No. PCUP22-006 Everhome CC^04 AR ATTACH C - PC Backup
ATTACHMENT:
20230221 File No.PCUP22-006 Everhome CC^05^RESO^RM
ATTACHMENT:
File No. PCUP22-006 Everhome CC^06 RESO ATTACH A - COA
ATTACHMENT:
CBRE Consistency Memo^07
15. A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL PROPERTY LOCATED
SOUTH OF RIVERSIDE DRIVE BETWEEN VINEYARD AVENUE AND ONTARIO AVENUE are on file with the Records Management Department.
That the City Council consider and adopt a Resolution approving File No. PCUP22-006, granting the right to establish and operate a 118-room limited-service hotel (Everhome Suites) on a
2.11-acre portion of the 3.37-acre Project site located at the southeast corner of Corona Avenue and G Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP22-006, A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A 118-ROOM, LIMITED-SERVICE HOTEL (EVERHOME SUITES) ON A
2.11-ACRE PORTION OF A 3.37-ACRE PROJECT SITE LOCATED AT THE SOUTHEAST
CORNER OF CORONA AVENUE AND G STREET, WITHIN THE CCS (CONVENTION
CENTER SUPPORT COMMERCIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0110-241-33.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That City Council take the following actions:
A
.
Approve a Purchase and Sale Agreement and Joint Escrow Instructions; and B
.
Authorize the City Manager or his designee to any action required to execute any and all documents, amendments, and instruments necessary to implement the Agreement.
STAFF MATTERS
City Manager Ochoa
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia
A RESOLUTION TO CENSURE A COUNCIL MEMBER
That the City Council discuss and provide direction to staff regarding the adoption of a Resolution censuring Council Member Ruben Valencia for unauthorized representation of the City's interests and/or positions.
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov