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ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
FEBRUARY 21, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, February 21, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:31 p.m.
ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner and Ruben Valencia ABSENT: Council/Authority Members: Jim W. Bowman
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
CLOSED SESSION - (CANCELLED)
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada.
INVOCATION
The invocation was led by Pastor (Dr.) Francesca Fajinmi Dios International Missionary Church
REPORT ON CLOSED SESSION
City Attorney Duran announced the cancellation of Closed Session.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced two emailed public comments:
Ontario Resident, regarding consideration of construction quiet zones.
Janice Elliott, in opposition to the potential censuring of Council Member Valencia. 421
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Mayor Leon called upon the first speaker:
Harold Wheat, spoke of traffic on Philadelphia, between Campus Avenue and Sultana Avenue.
Celina Lopez, spoke in opposition to the potential censuring of Council Member Valencia.
Sherrell Talley, asked City Council for help with housing.
Cory Briggs, made a records request for any and all materials that have been provided to the Council members with respect to censuring Council Member Valencia.
Karen Howey, representative of San Bernardino County Board Supervisor Curt Hagman's Office announced upcoming events.
Chris Craig, representative of Assemblymember Rodriguez's Office announced upcoming events.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements
CONSENT CALENDAR
PUBLIC COMMENT
Dawn Hudley, spoke in support of Item No. 12 and homelessness.
MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Valencia and carried by unanimous vote 4-0, with Council Member Bowman absent, to approve the Consent Calendar as presented.
1. APPROVAL OF 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.
2. BILLS & PAYROLL
Bills January 20, 2023 through February 9, 2023 in the amount of $28,312,895.45, 54,195, 150.2, when audited by the france Commit e. January 28, 2023 in the amount 422
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3. AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT FOR THE
COMPUTER-AIDED DISPATCH (CAD) REPLACEMENT PROJECT
The City Council authorized the City Manager to execute an Amendment to the current Agreement 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.
A CONSTRUCTION CONTRACT AND TWO AMENDMENTS FOR AUTOMATED
WATER METER READING WITH ADVANCED METERING INFRASTRUCTURE
TECHNOLOGY
The City Council took the following actions:
A. Approved the plans and specifications and awarded Contract No. UT 1053 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 authorized 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. Approved and authorized the City Manager, or designee to execute Amendment No. 9 to the Professional Services Agreement 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. Approved and authorized the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement 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.
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 The City Council adopted 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.
RESOLUTION NO. 2023-009 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.
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6. DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 22-23
The City Council adopted a Resolution approving the Downtown Ontario Improvement Association ("DOIA") Annual Report for FY 22-23.
RESOLUTION NO. 2023-010 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.
7. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR
ENGINEERING GRANT SUPPORT SERVICES
The City Council authorized the City Manager, or designee to execute Amendment No. 15 to the On-Call Design Services Agreement 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.
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
The City Council authorized the City Manager or his designee to execute Amendment No. 2 to the Design Services Agreement with HMC Architects of Ontario, California, to provide On-call Architectural, Space Planning and Engineering Services tor the City Hall Annex Project in a total not-to-exceed amount of $3,978,123.
9. A RESOLUTION OF INTENT TO VACATE FERN AVENUE FROM TRANSIT
STREET TO EMPORIA STREET
The City Council adopted 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.
RESOLUTION NO. 2023-011 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, PERTAINING TO THE VACATION OF FERN
AVENUE FROM TRANSIT STREET TOEMPORIA STREET AND TO SET THE DATE, TIME AND PLACE FOR A PUBLIC HEARING.
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10. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE RENTAL EQUIPMENT
AND ENTERTAINMENT SERVICES FOR SPECIAL EVENTS
The City Council approved the attached list of pre-authorized vendors to provide rental equipment and entertainment services for the Community Life & Culture Agency.
11. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE TRANSLATION AND
COPY EDITING
The City Council approved the attached list of pre-authorized vendors to provide translation and copy-editing services for the Community Life & Culture Agency.
12. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AGREEMENT
AUTHORIZING CITY OF ONTARIO TO ENFORCE TRESPASSING AND
PARKING VIOLATIONS AT DISTRICT PROPERTY WITHIN THE CITY The City Council approved 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.
13. ADOPTION OF AN ORDINANCE AMENDING THE ONTARIO MUNICIPAL CODE
RELATING TO PURCHASING AUTHORITY OF THE CITY MANAGER FOR
PUBLIC PROJECTS
The City Council adopted 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. Introduction and first reading took place at a regular City Council meeting on February 7, 2023.
ORDINANCE NO. 3242 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
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)
The City Council considered and adopted 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.
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RESOLUTION NO. 2023-012 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.
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.
Eddie Campos, asked that the developer consider hiring local talent for the development.
Vanessa Hill, spoke in opposition of the item.
Paige Gosney, spoke in support of the item.
Mayor Leon closed the public hearing and opened the item for Council discussion.
Mayor pro Tem Dorst-Porada spoke to the issue of using local workmanship and asked that developer be a good neighbor to the residents of Ontario.
MOTION: Moved by Mayor pro Tem Dorst-Porada, seconded by Council Member Valencia and carried by vote 4-0, with Bowman absent, to adopt Resolution No. 2023-012.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
15. A PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF REAL
PROPERTY LOCATED SOUTH OF RIVERSIDE DRIVE BETWEEN VINEYARD
AVENUE AND ONTARIO AVENUE
The City Council took the following actions:
A. Approved a Purchase and Sale Agreement and Joint Escrow Instructions; and B. Authorized the City Manager or his designee to take any action required to execute any and all documents, amendments, and instruments necessary to implement the Agreement.
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MOTION: Moved by Council Member Wapner, seconded by Mayor Leon and carried by vote 4-0, with Bowman absent, to approve the Purchase and Sale Agreement and Joint Escrow Instructions.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
• A RESOLUTION TO CENSURE A COUNCIL MEMBER
City Attorney Duran provided introductory comments, noting that the Mayor and Council Members are authorized to initiate sanctions or other actions, including a formal censure, when the Mayor or a majority of the City Council believes that a Council Member has violated City Council Rules of Conduct. As a result of the Mayor's concern, City Attorney Duran requested the item be added to the agenda for discussion.
Mayor Leon inquired if anyone was interested in speaking to the matter.
Council Member Valencia recused himself from the dais and sat in the audience.
Cory Briggs, announced he was the legal representative for Council Member Valencia and expanded on his records request to include emails, voicemails, and text messages between and among Council Members related to this topic.
Maria Galvan, spoke in opposition of censuring Council Member Valencia.
Mayor Leon expressed his desire to add the item to the agenda to begin the process of censuring Council Member Valencia. Mayor Leon explained that adding the item to a future agenda was the first step in the process and that his concerns were related to City representation during a recent trip to Guamuchi, Mexico.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:31 p.m. and announced the next regular meeting on March 7, 2023.
Respectfully submitted,
Sheila eNaut
SHEILA MAUTZ, CITY CLERK/SECRETARY
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APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN