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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
MAY 2, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, May 2, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:01 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Jim W. Bowman and Ruben Valencia ABSENT: Council/Authority Members: Alan D. Wapner (excused).
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, with the exception of Council Member Wapner and with Council Member Valencia recused from the first item on the Closed Session agenda, the City Council recessed to Closed Session at 5:02 p.m. for discussion of the following:
• 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. 470
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• 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.
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
The invocation was led by Pastor Taylor Kern, Ontario United Reformed Church
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
SPECIAL CEREMONIES
RECOGNITION OF WATER POSTER CONTEST WINNERS
Council Member Dorst-Porada announced the winners and invited the children up to receive a certificate of acknowledgement.
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PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments and items specific to Item Nos. 7 and 14:
Jayne Sjodin, regarding a local business.
Stephen Rogers, regarding employment verification.
Susan Monell, in opposition to Item No. 7 of the consent calendar.
Carlos Rodriquez, in support of Item No. 14 of the consent calendar.
Mayor Leon called upon the first speaker.
Rachel Flores, brought awareness to mental health issues.
Andrew Quinones, spoke in support of Amy's Farm.
Heidi Ollman, spoke in support of Amy's Farm.
Randy Bekendam, spoke in support of Amy's Farm.
Tori Mohamed, introduced the Momand Foundation DBA Lifting Humanity.
Mario Huante, spoke on the U.S. Constitution.
Jesus Medrano, spoke in opposition of warehouses.
Karen Haughey, representative of San Bernardino County Board Supervisor Hagman's office spoke of upcoming events.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of April 4, 2023, and approving same as on file in the Records Management Department.
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2. BILLS & PAYROLL
Bills March 31, 2023 through April 13, 2023 in the amount of $85,436, 190.70, and Payroll March 26, 2023 through April 8, 2023 in the amount of $3,978,770.26, when audited by the Finance Committee.
RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20267 LOCATED AT 1250 WEST PHILLIPS STREET
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20267 located at 1250 West Phillips Street.
RESOLUTION NO. 2023-030 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.
4. A RESOLUTION APPROVING AMENDMENT TO IN-LIEU AGREEMENT FOR PARCEL NO. 20273
The City Council considered and:
A. Approved an amendment (the "Amendment") to a 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. Authorized the City Manager or his designee to finalize, execute, and record the Amendment.
RESOLUTION NO. 2023-031 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.
5. AN AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID BETWEEN TWO
FIRE DISTRICTS AND CITY OF ONTARIO
The City Council authorized 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.
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6. AMENDMENTS TO DESIGN SERVICE AGREEMENTS FOR ON-CALL WATER
SUPPLY STUDIES
The City Council took the following actions:
A. Approved and authorized the City Manager, or his designee to execute Amendment No. 5 to the Design Services Agreement 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. Approved and authorized the City Manager, or his designee to execute Amendment No. 3 to the Design Services Agreement with 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.
7. AN ORDINANCE AMENDING THE ZONING DESIGNATIONS ON 95
PROPERTIES LOCATED THROUGHOUT THE CITY
The City Council adopted 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).
ORDIANCE NO. 3245 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, 474
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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.
8. AN ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT
REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF
ONTARIO DEVELOPMENT CODE
The City Council adopted 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.
ORDINANCE NO. 3246 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.
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)
The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 64 (Sunset Ranch). First reading and introduction took place at a regular meeting on April 18, 2023.
ORDINANCE NO. 3247 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).
10. APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL
MATERIAL TESTING AND GEOTECHNICAL ENGINEERING SERVICES
The City Council took the following actions:
A. Approved and authorized the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement 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. 475
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B. Approved and authorized the City Manager or his designee to execute the following three-year Professional Services Agreements 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.
C. Authorized the City Manager or his designee to extend the agreements for up to two additional consecutive one-year periods.
11. AN AMENDMENT FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE EQUIPPING WELL NO. 43 PROJECT The City Council approved and authorized the City Manager, or designee to execute Amendment No. 5 to. the Professional Services Agreement 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.
12. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council:
A. Authorized 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. Authorized 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. Authorized 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
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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.
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
The City Council:
A. Approved 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; B. Directed staff to prepare and transmit the final documents to U.S. Department of Housing and Urban Development ("HUD"); and
C. Authorized the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan for Fiscal Year 2023-24 and Subrecipient Agreements.
14. A RESOLUTION APPROVING A TEMPORARY REDUCTION IN CERTAIN
BUILDING PERMIT FEES
The City Council adopted a Resolution approving a temporary reduction in certain building permit fees.
RESOLUTION NO. 2023-032 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A TEMPORARY REDUCTION IN CERTAIN BUILDING PERMIT FEES.
PUBLIC HEARING
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
The 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 (on file in the Records Management Department) ("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. 477
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Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, to approve the Second Amendment to the FY 2021-22 Annual Action Plan.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
16. IMPLEMENTATION OF VOLUNTARY WATER CONSERVATION STAGE The City Council rescinded 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).
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 inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Wapner absent, to rescind the Stage 3 Water Conservation Plan and implement Section 6-8.25 of the Ontario Municipal Code.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Council Member Valencia talked about the valuable information in the Ontario Living Magazine.
Council Member Bowman made no comments.
Mayor pro Tem Dorst-Porada spoke about museums.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:17 p.m. and announced the next regular meeting on May 16, 2023.
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Respectfully submitted,
CITY CLERK/SECRETAR'
APPROVED:
PAUL LEON, MAYONCHANRMAN