CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MAY
2, 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 Closed Session and Closed Session Comment at 5:00 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 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Agustin Martinez v. City of Ontario, and Does 1-10, inclusive, U.S. District Court, Central District of California, Case No. 5:21-cv-01099-JGB-SP
GC 54957.6, CONFERENCE WITH LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: Ontario Police Officers Association, Ontario Police Management Group, Ontario Professional Firefighters Association Local 1430, Ontario Fire Management Group, Department Heads, Executives, AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, and Part-time Employees.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230502 Closed Session
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 1048-472-24 and 1048-472-25; 1131 East Holt Boulevard; City/Authority Negotiator:
Scott Ochoa or his designee; Negotiating parties: Patty Bashoura; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-061-21; 1217 East Holt Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Kulendra N Rami; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-061-25; 1241 East Holt Boulevard; City/Authority Negotiator: Scott Ochoa or his designee; Negotiating parties: Babubhai Prajapati Shashikalaben Premchandbhai Prajapati; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Pastor Taylor Kern, Ontario United Reformed Church
REPORT ON CLOSED SESSION
City Attorney
SPECIAL CEREMONIES
RECOGNITION OF WATER POSTER CONTEST WINNERS
I am going to add text here and then make it the color white so no one can see it.
But it will create the space we need.
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:
20230404 Minutes.docx
2. BILLS & PAYROLL
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY 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 April 4, 2023 and approving same as on file in the Records Management Department.
Bills March 31, 2023 through April 13, 2023, and Payroll March 26, 2023 through April 8, 2023
when audited by the Finance Committee.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov AND FINAL PARCEL MAP NO. 20267 LOCATED AT 1250 WEST PHILLIPS STREET
ATTACHMENT:
20230502 Parcel Map 20267^01 EXH A.pdf
ATTACHMENT:
20230502 Parcel Map 20267^02 RESO^RM
4. A RESOLUTION APPROVING AMENDMENT TO IN-LIEU AGREEMENT FOR PARCEL NO. 20273
ATTACHMENT:
Resolution Approving Amended In Lieu Agreement^01^RESO^RM
ATTACHMENT:
First Amendment In-Lieu Agreement Draft^02
5. AN AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID BETWEEN TWO FIRE DISTRICTS
AND CITY OF ONTARIO
6. AMENDMENTS TO DESIGN SERVICE AGREEMENTS FOR ON-CALL WATER SUPPLY STUDIES That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20267 located at 1250 West Phillips Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20267 LOCATED AT 1250 WEST PHILLIPS STREET.
That the City Council consider and:
A
.
Approve an amendment (the "Amendment") to certain Agreement regarding Community Facilities District Formation for Parcel Map No. 20273 and Fee In-Lieu (the "Agreement), which was executed on November 23, 2021, by and between the City and Prologis L.P. (the "Developer"); and
B
.
Authorize the City Manager or his designee to finalize, execute, and record the Amendment.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO IN- LIEU AGREEMENT FOR PARCEL MAP NO. 20273.
That the City Council authorize the City Manager to execute the Agreements with Chino Valley Fire District and Rancho Cucamonga Fire Protection District for Fire Mutual Aid and Automatic Aid for rapid dispatch services.
That the City Council take the following actions:
A
.
Approve and authorize the City Manager, or his designee to execute Amendment No. 5 to the Design Services Agreement (on file in the Records Management Department) with Albert A. Webb Associates of Riverside, California, for a total not-to-exceed amount of $50,000 for Fiscal Year 2023-24, a total not-to-exceed amount of $50,000 for Fiscal Year 2024-25, and a term from June 16, 2020, to June 16, 2025, for on-call as needed services in preparing Water Supply Assessments (WSA’s) and Written Verifications (WV's).
B
.
Approve and authorize the City Manager, or his designee to execute Amendment No. 3 to the Design Services Agreement (on file in the Records Management Department) with CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
7. AN ORDINANCE AMENDING THE ZONING DESIGNATIONS ON 95 PROPERTIES LOCATED
THROUGHOUT THE CITY
ATTACHMENT:
File No. PZC22-001^01 PC Back-up.pdf
ATTACHMENT:
File No. PZC22-001 ^02 Exhibit A REVISED.pdf
ATTACHMENT:
File No. PZC22-001^03^ORD^RM.docx
8. AN ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT REVISING AND
CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE PlaceWorks Inc. of Santa Ana, California, for a total not-to-exceed $50,000 for Fiscal Year 2023-24, a total not-to-exceed $50,000 for Fiscal Year 2024-25, and a term from June 16, 2020, to June 16, 2025, for on-call as needed services in preparing WSA’s and WV’s.
That the City Council adopt
an Ordinance approving a Zone Change (File No. PZC22-001) amending the zoning designations on 95 parcels located citywide to make the Official Zoning Map consistent with The Ontario Plan 2050 Policy Plan (General Plan) Land Use Plan (Exhibit LU-01).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC22-001, A CITY INITIATED REQUEST TO CHANGE THE ZONING DESIGNATIONS ON 95 PROPERTIES LOCATED THROUGHOUT THE CITY TO MAKE THE OFFICIAL ZONING MAP CONSISTENT WITH THE ONTARIO PLAN 2050 POLICY PLAN (GENERAL PLAN) LAND USE PLAN (EXHIBIT LU-01), AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 1008-522-04, 1008-522-01, 1008-522-02, 1008-522-03, 1008-513-16, 1008-441-01, 1048-525-12, 1049-094-07, 1049-094-10, 1049-094-08, 1049-094-09, 1048-525-14, 1048-525-13, 1048-525-15, 1048-523-15, 1048-523-16, 1048-523-18, 1048-522-08, 1048-522-09, 1048-522-10, 1048-522-11, 1048-524-14, 1048-524-15, 1048-524-16, 1048-524-17, 1048-525-16, 1048-525-17, 1048-525-18, 1048-525-19, 1048-525-20, 1048-523-17, 1049-094-04, 1049-094-14, 1049-094-02, 1049-094-01, 1049-093-10, 1049-093-09, 1049-093-07, 1049-093-06, 1049-093-04, 1049-093-03, 1049-093-02, 1049-093-01, 1049-091-04, 1049-091-03, 1049-091-02, 1049-091-01, 1049-094-13, 1049-094-05, 1049-094-11, 1049-094-06, 1049-093-08, 1049-093-05, 1010-502-08, 1010-502-09, 1048-604-15, 0210-551-02, 0210-551-03, 1050-272-20, 1050-272-01, 1050-272-21, 1050-284-01, 1051-221-07, 1051-222-13, 1051-222-12, 1051-222-01, 1051-221-08, 1051-222-11, 1051-221-09, 1051-222-10, 1051-221-10, 1051-222-09, 1051-221-11, 1051-222-08, 1051-221-12, 1051-221-13, 1051-221-14, 1051-221-16, 1051-221-15, 1051-221-20, 1051-271-66, 1051-271-67, 1051-271-06, 1048-556-05, 1048-556-04, 1048-556-03, 1048-556-02, 1048-556-01, 1048-556-14, 0110-071-01, 0110-061-01, 0110-071-06, 0110-071-02, 0110-072-11, 0110-072-10, AND 0110-071-07.
That the City Council adopt an Ordinance approving File No. PDCA23-001, a Development Code Amendment revising and clarifying certain provisions of Chapters 1.0 (Development Code
Enactment and General Provisions), 2.0 (Administration and Procedures), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
PDCA23-001 2023 Dev Code Update #1^01 AR ATTACH A
ATTACHMENT:
PDCA23-001 2023 Dev Code Amendment #1- PC Back-up
ATTACHMENT:
PDCA23-001 2023 Dev Code Update 1^02^ORD^RM
ATTACHMENT:
PDCA23-001_2023 Dev Code Update #1^03 ORD ATTACH A
9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH)
ATTACHMENT:
CFD No. 64 Sunset Ranch^ORD^RM
10. APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL MATERIAL TESTING AND
GEOTECHNICAL ENGINEERING SERVICES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA23-001, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS
AND GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE AND MAKING FINDINGS IN SUPPORT THEREOF.
That the City Council consider and adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 64 (Sunset Ranch).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
LEVYING A SPECIAL TAX WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH).
That the City Council take the following actions:
A
.
Approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc., of Ontario, California, in the amount of $400,000 for a total amount of $466,554 for On-call Geotechnical and Material Testing Services.
B
.
Approve and authorize the City Manager or his designee to execute the following three- year Professional Services Agreements (on file in the Records Management Department) for On-call Geotechnical and Material Testing Services for a total compensation amount of $650,000:
1 .
RMA Group, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $200,000;
2 .
Ninyo & Moore Geotechnical & Environmental Sciences Consultants, Inc., of Irvine, California, for a total contract amount not-to-exceed $150,000; 3 .
Smith-Emery Laboratories, Inc., of Anaheim, California, for a total contract amount not-to-exceed $150,000; and
4 .
Twining, Inc., of Riverside, California, for a total contract amount not-to-exceed $150,000.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
11. AN AMENDMENT FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE EQUIPPING WELL NO. 43 PROJECT
12. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
13. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("HOME"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAMS FOR FISCAL YEAR 2023-24
C
.
Authorize the City Manager or his designee to extend the agreements for up to two additional consecutive one-year periods.
That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 5 to the Professional Services Agreement (on file in the Records Management Department) with AKM Consulting Engineers Inc. of Irvine, California, for a total not-to-exceed amount of $58,224 for construction management and inspection services, and a term from September 17, 2019, to October 2, 2024.
A
.
Authorize the cooperative purchase and delivery of four BMW Police Motorcycles in the amount of $144,131 from Long Beach BMW Motorcycles of Long Beach, California, consistent with the terms and conditions of the Los Angeles County Sheriff Contract PO- SH-22009476-1, Bid RFB-IS-22201046-1;
B
.
Authorize a 20% contingency of $28,826 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total amount not-to-exceed $172,957 for four BMW Police Motorcycles;
C
.
Authorize the cooperative purchase and delivery of the following vehicles from National Auto Fleet Group of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 091521-NAF for a total amount not-to exceed $228,648:
1 .
One Ford Expedition for the Police Department in the amount of $54,956 plus a 20% contingency of $10,991 for a total amount not-to-exceed $65,947; 2 .
One Ford F150 for the Integrated Waste Department in the amount of $46,472 plus a 20% contingency of $9,294 for a total amount not-to-exceed $55,766; and 3 .
One Ford F350 Utility for the Parks & Maintenance Department in the amount of $89,112 plus a 20% contingency of $17,823 for a total amount not-to-exceed $106,935.
That the City Council:
A
.
Approve the One-Year Action Plan for Fiscal Year 2023-24 for the Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs (on file in the Records Management Department);
B
.
Direct staff to prepare and transmit the final documents to U.S. Department of Housing and Urban Development ("HUD"); and
C
.
Authorize the City Manager, or his designee, to take all actions necessary or desirable to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
EXHIBIT A.pdf
14. A RESOLUTION APPROVING A TEMPORARY REDUCTION IN CERTAIN BUILDING PERMIT FEES
ATTACHMENT:
Building Department Fee Reduction^01^RESO^RM
ATTACHMENT:
Building Department Fee Reduction^02^ATTACHMENT
15. 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
16. IMPLEMENTATION OF VOLUNTARY WATER CONSERVATION STAGE implement the One-Year Action Plan for Fiscal Year 2023-24 and Subrecipient Agreements.
That the City Council adopt a Resolution approving a temporary reduction in certain building permit fees.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A TEMPORARY REDUCTION IN CERTAIN BUILDING PERMIT FEES.
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
That the City Council rescind the Stage 3 Water Conservation Plan measures (Section 6-8.28 of the Ontario Municipal Code) and implement the Voluntary Conservation Stage of the Ontario Municipal Code Water Conservation Plan (Section 6-8.25 of the Ontario Municipal Code).
STAFF MATTERS
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
City Manager Ochoa
COUNCIL MATTERS
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