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ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
JUNE 6, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, June 6, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:31 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner (Via Teleconference), 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
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, the City Council recessed to Closed Session, with Council Member Wapner attending via teleconference from The Westin Book Cadillac Detroit, 1114 Washington Blvd, Detroit, MI 48226, at 5:32 p.m. for discussion of the following:
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-363-01; 434 North Euclid Avenue; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties: Faisal Afsari; Under negotiation:
Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-481-07; 935 East Holt Boulevard; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties: Jose G. Jimenez; Under negotiation: Price and terms of payment.
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• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-321-43; 2151 East Convention Center Way; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: ONT Gateway LLC; Under negotiation: Price and terms of payment.
• GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Cucamonga Valley Water District v. City of Ontario Case No.
CIVSB2309354
• 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. • GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:46 p.m. for the regular session and announced for the record that Council Member Wapner was not present for the public meeting.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Pastor Richard Hernandez with The Church of God.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were five written public comments.
Douglas A. Wain, regarding Youth Peach campaign in California.
PJ Darji, regarding tree trimming.
Teresa Vega, in support of a crosswalk at Grove Ave. and St. Andrews St.
Christina Smith, regarding illegal grow houses.
Sandi Pirrelli, in support of a crosswalk at Grove Ave. and St. Andrews St. 492
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Mayor Leon called upon the first speaker.
Ben and Marie Meza, spoke regarding CNG station being closed.
Mary Figueroa, requested housing assistance.
Stella Batrez, spoke regarding a crosswalk across from St. Andrews to Grove.
Martha Rodriquez, regarding a crosswalk across from St. Andrews to Grove.
Gilbert Rodriquez, regarding a crosswalk across from St. Andrews to Grove.
Susan Mulder, regarding a crosswalk across from St. Andrews to Grove.
Christina Smith, spoke on concerns regarding AirBNB, renters and grow houses.
Mario Huante, spoke on the U.S. Constitution.
Randy Bekendam, spoke on local events.
Leticia Garcia, spoke on her neighbor disputes.
AGENDA REVIEW/ANNOUNCEMENTS
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 and Housing Authority of May 2, 2023, and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills April 28, 2023 through May 18, 2023 in the amount of $35,537,086.90, and Payroll April 23, 2023 through May 6, 2023 in the amount of $4,006,782.18, when audited by the Finance Committee.
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3. INTRODUCING THE NEW SISTER CITY POLICY
The City Council adopted a policy to establish guidelines for establishing relationships, creating an internal Sister Cities committee, and joining the Sister Cities International Organization.
4. A RESOLUTION APPROVING FINAL TRACT MAP NOS. 20158, 20159 AND 20160 LOCATED ON THE EAST SIDE OF MILL CREEK AVENUE,
APPROXIMATELY 530 FEET NORTH OF EUCALYPTUS AVENUE
The City Council adopted a Resolution approving Final Tract Map Nos. 20158, 20159 and 20160 located on the east side of Mill Creek Avenue, approximately 530 feet north of Eucalyptus Avenue, within the Esperanza Specific Plan.
RESOLUTION NO. 2023-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL TRACT MAP NOS. 20158, 20159 AND 20160 LOCATED ON THE EAST SIDE OF MILL CREEK AVENUE, APPROXIMATELY 530 FEET NORTH OF EUCALYPTUS AVENUE.
5. A PROFESSIONAL SERVICES AGREEMENT FOR DATA STRATEGY
CONSULTING AND IMPLEMENTATION SERVICES
The City Council authorized the City Manager or his designee to execute a Professional Services Agreement with Resultant, LLC, of Indianapolis, Indiana, to provide consulting and implementation services to support the City's data strategy in a not-to-exceed amount of $300,000 from July 1, 2023, through June 30, 2026.
6. A GOODS AND SERVICES AGREEMENT WITH STACCATO 2011, LLC The City Council authorized the City Manager or his designee to execute a Goods and Services Agreement ("Agreement") with Staccato 2011, LLC to purchase the Staccato Weapons System in substantially the same form as the Agreement on file with Records Management for an amount not to exceed $1,201,702 and for the City Manager to review and approve insurance requirements of the Agreement.
7. A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
The City Council adopted a Resolution approving the FY 2023-24 Project List for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017.
RESOLUTION NO. 2023-039 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
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8. AN AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT FOR THE LAND
MANAGEMENT SYSTEM FOR THE COMMUNITY DEVELOPMENT AGENCY,
FIRE DEPARTMENT, AND THE ONTARIO MUNICIPAL UTILITIES COMPANY The City Council authorized the City Manager or his designee to execute Amendment No.1 to the current Agreement with Accela, Inc., of San Ramon, California, for the use of the Accela Automation Land Management System, used by Community Development, , Fire Department, and the Ontario Municipal Utilities Company in the amount not to exceed $670,425.
9. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH
KLEINFELDER, INC. FOR ON-CALL ARCHITECTURAL AND DESIGN
SERVICES
The City Council authorized the City Manager or his designee to execute Amendment No. 10 to the on-call Design Services Agreement with Kleinfelder, Inc. of Ontario, California, to provide on-call design services for the demolition of the structure located at 404 N. Euclid Ave. in the amount of $53,750 for a new not-exceed total of $2,034,716.
10. AN AMENDMENT TO THE SEWER CONNECTION FEE REIMBURSEMENT
PILOT PROGRAM
The City Council considered and approved Amendment No. 1. to the Sewer Connection Fee Reimbursement Pilot Program and authorized the City Manager or his designee to make any necessary program adjustments and execute all necessary documents to implement the Sewer Connection Fee Reimbursement Pilot Program.
11. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council 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 $403,236 for:
A. One Ford F150 PD Responder for the Police Department in the amount of $53,180 plus a 20% contingency of $10,636 for a total amount not-to-exceed $63,816;
B. One Ford E-Transit Van for the Police Department in the amount of $66,850 plus a 20% contingency of $13,370 for a total amount not-to-exceed $80,220; and
C. Five Ford F150's, three for the Parks & Maintenance Department, one for the Utilities Department, and one for the Engineering Department in the amount of $216,000 plus a 20% contingency of $43,200 for a total amount not-to- exceed $259,200.
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12. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENTS FOR ON-CALL
LANDSCAPE ARCHITECTURAL SERVICES FOR THE DE ANZA PARK SKATE
PARK IMPROVEMENTS AND WALKWAY MODERNIZATION PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 3 to the Design Services Agreement for Contract No. PM 1819-1 with Community Works Design Group of Riverside, California, to provide landscape architectural services for the De Anza Park Skate Park Improvements and Walkway Modernization Project in the amount of $159,935 and a total not-to-exceed amount of $359,935.
13. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CAL
BUILDING SYSTEMS FOR SPRINKLER AND HOOD SUPPRESSION
MAINTENANCE AND REPAIR SERVICES
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to exercise the optional two (2) one-year extensions to the Maintenance Services Agreement Cal Building Systems, of Yorba Linda, California, for Sprinkler and Hood Suppression System Maintenance and Repairs.
14. AN ORDINANCE APPROVING FILE NO. PUD22-005, A PLANNED UNIT DEVELOPMENT FOR A 2.38-ACRE PARCEL OF LAND LOCATED AT THE
NORTHEAST CORNER OF EUCLID AVENUE AND D STREET, BORDERED BY
E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST
The City Council adopted an Ordinance approving File No. PUD22-005, the D Block Planned Unit Development, establishing development standards and design guidelines to facilitate a commercial and residential mixed-use development located at the northeast corner of Euclid Avenue and D Street. Introduction and first reading took place at a regular meeting on May 16, 2023.
ORDINANCE NO. 3248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-005, A PLANNED
UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT AND PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 2.38-ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF EUCLID AVENUE AND D STREET,
BORDERED BY E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1048-363-05, 1048-363-04, 1048-363-03 AND 1048-363-02.
15. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.
PDA21-005) BETWEEN THE CITY OF ONTARIO AND GROVE LAND VENTURE
LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO. PMTT20-011), A 159.95 ACRE
PROPERTY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, BON 496
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VIEW AVENUE TO THE WEST, MERRILL AVENUE TO THE SOUTH, AND
GROVE AVENUE TO THE EAST, WITHIN THE INDUSTRIAL AND BUSINESS
PARK LAND USE DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054- 091-02, 1054-101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02 The City Council considered and adopted an Ordinance approving a Development Agreement (File No. PDA21-005) between the City of Ontario and Grove Land Venture LLC, to establish the terms and conditions associated with Tentative Parcel Map 20161 (File No. PMTT20-011), a 159.95-acre property bordered by Eucalyptus Avenue to the north, Bon View Avenue to the west, Merrill Avenue to the south, and Grove Avenue to the east, within the Industrial and Business Park land use districts of the South Ontario Logistics Center Specific Plan. Introduction and first reading took place at a regular meeting on May 16, 2023.
ORDINANCE NO. 3249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-005, A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND GROVE
LAND VENTURE LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO. PMTT20-011), A 159.95 ACRE PROPERTY BORDERED BY EUCALYPTUS AVENUE TO THE
NORTH, BON VIEW AVENUE TO THE WEST, MERRILL AVENUE TO THE
SOUTH, AND GROVE AVENUE TO THE EAST, WITHIN THE INDUSTRIAL AND
BUSINESS PARK LAND USE DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054-091-02, 1054-101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02.
16. AN ORDINANCE APPROVING A ZONE CHANGE (FILE NO. PZC23-001)
LOCATED SOUTH OF EUCALYPTUS AVENUE, NORTH OF MERRILL AVENUE,
WEST OF BON VIEW AVENUE, AND EAST OF CAMPUS AVENUE
The City Council adopted an Ordinance for File No. PZC23-001, a Zone Change to establish the SP/AG (Specific Plan/Agriculture Overlay) zoning district on the Project site. Introduction and first reading took place at a regular meeting on May 16, 2023.
ORDINANCE NO. 3250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC23-001, A REQUEST TO
ESTABLISH THE SP(AG) (SPECIFIC PLAN/AGRICULTURE OVERLAY) ZONING DISTRICT ON THE 71.6-ACRE PROJECT SITE GENERALLY LOCATED SOUTH
OF EUCALYPTUS AVENUE, NORTH OF MERRILL AVENUE, WEST OF BON
VIEW AVENUE, AND EAST OF CAMPUS AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01 AND 1054-301-02. 497
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17. A PROFESSIONAL DESIGN SERVICES AGREEMENT FOR THE EUCLID
AVENUE RECYCLED WATER PROJECT
The City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with Ardurra Group Inc. of Newport Beach, California, to design and provide bid support services for the Euclid Avenue Recycled Water Project for a total not-to-exceed amount of $1,179,747 and a term ending February 1, 2025.
18. AN AMENDMENT TO THE AGREEMENT TO RENEW THE SUBSCRIPTION FOR
THE AIRHUB PREMIUM PLAN WITH AIRSPACE LINK, INC
The City Council authorized the City Manager or his designee to execute Amendment No.1 to the current Agreement with Airspace Link, Inc., Detroit Michigan, for the Airhub Premium Subscription Renewal, in the amount not-to-exceed $384,000.
19. A CONSTRUCTION CONTRACT FOR INTERIM FIRE STATION 11 The City Council took the following actions:
A. Authorized the City Manager or his designee to execute a Construction Contract with Wakeco, Inc. of Temecula, California, to provide construction services for Contract No. D&C22-011 Interim Fire Station 11 in the amount of $1,716,966;
B. Authorized a 15% project contingency of $257,545, for a total contract amount not-to-exceed $1,974,511; and
C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
20. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN THREAT ASSESSMENT CONSULTING INC. (A.T.A.C.)
The City Council authorized the City Manager or his designee to execute Amendment No. 6 to the Professional Services Agreement with American Threat Assessment Consulting Inc. (A.T.A.C.) of Rancho Cucamonga, California to extend the current funding threshold and add additional work and funding to accommodate the purchase of cameras and Facial Recognition Software upon receiving approval from Cal OES through a non-competitive procurement request. 498
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ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
21. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8B, OF TITLE 6, SECTIONS 6-8.49 AND 6-8.50 OF THE ONTARIO MUNICIPAL CODE RELATING
TO COLLECTION AND PAYMENT AND THE DISABLED PERSON'S AND
SENIOR CITIZEN'S DISCOUNT
The City Council introduced and waived further reading of an Ordinance amending Crating 18 of to and Payment and the Disabled Persons and Senior Clizens ORDINANCE NO. 3251 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 8B (WATER SERVICES) OF TITLE 6 (SANITATION AND HEALTH) OF THE ONTARIO
MUNICIPAL CODE, RELATING TO WATER ACCOUNTS, PAYMENTS, AND SENIOR / DISABLED DISCOUNTS.
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. Hearing no one, Mayor Leon closed the public hearing and 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 introduce Ordinance No. 3251.
STAFF MATTERS
Chief Lorenz provided an update regarding the Jesus Sanchez case.
Officer Estrada presented 1st place mugs for the Baker to Vegas run and announced Runner's Scholarship winners Rosaline Riza and Miguel Beltran.
COUNCIL MATTERS
Mayor Leon spoke on downtown development.
Mayor pro Tem Dorst-Porada welcomed new commissioners and announced upcoming events in the City.
Council Member Bowman commended Ontario Police Department on their Baker to Vegas win.
Council Member Valencia also commended Ontario Police Department. 499
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:50 p.m. and announced the next regular meeting on June 20, 2023.
Respectfully submitted,
Shula Nauti
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN