53 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
AUGUST 15, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, August 15, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:36 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 (excused) Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSBILE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
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 all members present, with the exception of Council Member Bowman at 5:40 p.m. for discussion of the following:
GC 54957, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
City Manager
GC 54957.6 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Mayor; Unrepresented Employee: City Manager 54 Ontario City Council/Ontario Housing
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GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator:
Sçott Ochoa or his designee; Negotiating parties: Kenneth Hale; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-06; Southeast Corner Riverside Drive and Vineyard Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: JCLIN INVESTMENT LP; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 0218-111-08, 0218-111-11, 0218-111-12, 0218-111-49, 0218-111-50; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 15 Dairy River LLC; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0218-111-06; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Sanchez Family Trust; Under negotiation: Price and terms of payment GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0218-111-05; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Raymundo Flores; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
roperty: APN: 0218-111-04, 0218-111-45; Southeast Corner Riverside Drive an‹ Ontario Avenue: City/Authority negotiator: Scott Ochoa or his designee: Negotiatin parties: Ontario WF Farm LLC; Under negotiation: Price and terms of payment
MEETING RECONVENED - OPEN MEETING
Mayor Leon reconvened the meetings at 6:38 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada. 55 Ontario City Council/Ontario Housing
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INVOCATION
The invocation was led by Dr. Maribel Zacapa, Church of God of Prophecy.
REPORT ON CLOSED SESSION
City Attorney Duran reported City Council provided direction regarding Item No. 37 on the agenda and noted that specific details regarding salaries would be announced during the administrative report for Item No. 37.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were eleven written public comments:
Matt Munson, regarding parking issues.
Reina, regarding rising cost of rent.
lesha Mitchell, regarding safety concerns at Dorothy A. Quesada Community Center.
Andres Martinez Pais, regarding the California Mortgage Relief Program.
Dara Cordova, announced the Entrepreneurship Summit 2023.
Lory Masonis, general question regarding the City Council Agenda.
David Vargas, regarding homelessness.
Brandy Rodriguez, regarding general concerns.
Mariano Amador, regarding community events.
Bee Tal, regarding general concerns.
Stephen W. Rogers, regarding inquiries to the Human Resources Department.
Mayor Leon called upon the first speaker:
Karen Haughey, representative of San Bernardino County Supervisor, Curt Hagman's office announced upcoming events.
Dee Torres, spoke regarding ambulance fees.
Marta Aragon, spoke regarding meal services at Senior Center.
Irene Charrette, introduced herself as President of the Women's Club of Ontario.
Terry Weatherby, expressed his gratitude to the Ontario Police Department.
Pamela Weatherby, expressed her gratitude to the Ontario Police Department.
Mario Huante, spoke regarding the U.S. Constitution.
Brandi, spoke regarding concerns with the Ontario Police Department.
Alizaee Rodriguez, spoke regarding concerns with the Ontario Police Department.
Maria Galvan, spoke regarding homelessness.
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AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
PUBLIC COMMENT
Item No. 13 - Aaron Matthiesen, spoke regarding Little League Baseball.
Item No. 26 - Maria Galvan, spoke about School Resource Officers.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, to approve the Consent Calendar as presented, with Council Member Bowman absent.
1. APPROVAL OF MINUTES
Authority of July 18, 2023 approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills June 30, 2023 through July 27, 2023 in the amount of $44,400,680.22, and Payroll June 18, 2023 through July 15, 2023 in the amount of $10,303,084.85, when audited by the Finance Committee.
3. A MEMORANDUM OF UNDERSTANDING WITH THE INLAND EMPIRE
UTILITIES AGENCY FOR THE EUCLID AVENUE RECYCLED WATER PROJECT The City Council approved and authorized the City Manager or designee to execute a Memorandum of Understanding by and between the City of Ontario and the Inland Empire Utilities Agency (IEUA) for the Euclid Avenue Recycled Water Project; and reimbursement of shared construction costs pursuant to the MOU for up to $910,000 plus a 15% contingency of $136,500 for a total not-to-exceed amount of $1,046,500.
4. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT WITH
INFRASTRUCTURE ENGINEERING CORPORATION FOR LAUREL AVENUE,
SULTANA AVENUE, AND NOCTA STREET SEWER SERVICE IMPROVEMENTS (PROJECTS UT 1067, UT 1069, AND UT 1077)
The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 16 to the On-Call Design Services Agreement with Infrastructure Engineering Corporation, of Irvine, California, for an increase to the existing Agreement by $110,044, for a total not-to-exceed amount of $3,040,240. 57 Ontario City Council/Ontario Housing
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5. A CHANGE ORDER TO THE ANNUAL CONTRACT WITH GENERAL PUMP COMPANY INC. FOR ON-CALL MAINTENANCE, REHABILITATION,
INSPECTIONS, AND EMERGENCY WELL REPAIRS
The City Council approved and authorized the City Manager, or designee, to execute Change Order No. 5 to Contract No. 1819-01 with General Pump Company Inc., of san Dimas, California, for maintenance, rehabilitation, inspection and emergency well repairs for $21,550 and a term extension to June 30, 2024.
6. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA
ACQUISITION COMPUTER PROGRAMING SUPPORT SERVICES
The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 5 to the Professional Services Agreement with Freedom Automation Inc., of Oceanside, California, for the City's Supervisory Control and Data Acquisition (SCADA) computer programming support services for $55,800 and a term extension to June 30, 2024.
7. PURCHASE OF WATER SYSTEM MATERIALS WITH UNITED WATER WORKS INC. AND WESTERN WATER WORKS SUPPLY CO.
The City Council took the following actions:
A. Approved and authorized the City Manager, or designee, to execute the Goods and Equipment Purchase Agreement with United Water Works Inc., of Santa Ana, California, for waterworks material in the amount of $265,000 for Fiscal Year 2023-24, and authorized the cost of $265,000 with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,464,292, with an initial term of one (1) year, and authorized the option to extend the Agreement for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1659.
B. Approved and authorized the City Manager, or designee, to execute the Goods and Equipment Purchase Agreement with Western Water Works Supply Co., of Chino Hills, California, for waterworks material in the amount of $265,000 for Fiscal Year 2023-24, and authorized the cost of $265,000 with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to- exceed amount of $1,464,292, with an initial term of one (1) year, and authorized the option to extend the Agreement for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1659.
C. Authorized a total aggregate not-to-exceed amount of $2,928,584 with United Water Works Inc., and Western Water Works Supply Co.
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8. PROCUREMENT OF SYNTHETIC TURF FIELD WITH FIELD TURF USA, INC.
FOR DE ANZA PARK
The City Council authorized the procurement of one synthetic turf field from Field Turf USA, Inc., of Calhoun, Georgia, consistent with the terms and conditions of the Sourcewell Cooperative Contract # 031622-FTU in the amount of $671,794.
9. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING INC. FOR
TCC ACTIVE TRANSPORTATION PROJECTS C & D
The City Council awarded a Construction Contract to CT&T Concrete Paving, Inc. of Diamond Bar, California, for the TCC Active Transportation Projects C & D (Project) in the amount of $1,694,688; and authorize the City Manager, or his designee to execute said contract and all related documents, and file a notice of completion at the conclusion of all construction activities.
PARCEL MAP NO. 20537
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute a Quit Claim Deed to Prologis, L.P., for fee title ownership of East Borba Street; and B. Adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20537, located on the northeast corner of Grove Avenue and Merrill Avenue.
RESOLUTION NO. 2023-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20537
LOCATED ON THE NORTHEAST CORNER GROVE AVENUE AND MERRILL AVENUE.
11. A DESIGN SERVICES AGREEMENT WITH PBK ARCHITECTS, INC. FOR
ARCHITECTURAL AND ENGINEERING SERVICES FOR THE FIRE STATION NO. 11 PROJECT
The City Council took the following actions:
A. Approved and authorized the City Manager or his designee to execute Design Services Agreement No. D&C23-005 Fire Station No. 11 with PBK Architects, Inc., of Rancho Cucamonga, California, to provide architectural and engineering services for the design of the Fire Station No. 11 Project for a total not-to-exceed contract amount of $3,674,000; and
B. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, reduction of retention accounts, and filing of a notice of completion at the conclusion of all construction related activities. 59 Ontario City Council/Ontario Housing
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12. A CONSTRUCTION CONTRACT WITH WAKECO, INC. FOR THE INTEGRATED
WASTE WELDING SHOP CANOPY PROJECT
The City Council took the following actions:
A. Approved HZS Engineering and Construction's bid withdrawal; B. Authorized the City Manager or his designee to approve the plans and specifications and award Contract No. D&C23-003 to Wakeco, Inc., of Temecula, California, for the construction of the Integrated Waste Welding Shop Canopy Project, in the amount of $250,000;
C. Authorized a 10% contingency of $25,000 to address any unforeseen issues that may arise during construction; and
D. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
13. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT
BORDERS AND ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN
SERVICES FOR THE EASTERN LITTLE LEAGUE LATIMER BASEBALL FIELD
CONCESSION BUILDING AND BLEACHERS RENOVATION PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 16 to the Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, to provide on-call architectural design services for the Eastern Little League Latimer Baseball Field Concession Building and Bleachers Renovation Project in the amount of $96,768 for a total not-to-exceed contract amount of $570, 166.
14. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ROUTEWARE, INC. FOR THE IMPLEMENTATION OF ADDITIONAL
INTEGRATED WASTE ROUTE OPTIMIZATION SOFTWARE EQUIPMENT
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with Routeware, Inc., of Portland, Oregon, for the implementation of additional Integrated Waste route optimization software equipment (video and camera) features with a one-time charge in the amount of $171,212 and monthly recurring cost of $7,204 for twelve months, for a total not-to-exceed contract amount of $398,264 for Fiscal Year 2023-24; and
B. Authorized the City Manager or his designee to extend the Agreement up to an additional one-year term at the City's discretion for an amount not-to- exceed $1,120,992 over a three-year term, consistent with future budgets approved by the City Council.
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15. AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH TRIJICON, INC.
The City Council authorized the City Manager or his designee to execute a one-time purchase of specialized Police equipment through Trijicon, Inc. for an amount not to exceed $187,660.
16. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH VELOCITY TRUCK
CENTERS AND RDO EQUIPMENT COMPANY
The City Council took the following actions:
A. Authorized the cooperative purchase and delivery of the following vehicles from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 060920-ATC for a total amount not-to-exceed $7,768,200:
1. Seven (7) Autocar front loading refuse trucks for the Integrated Waste Department in the amount of $2,947,000 plus a 20% contingency of $589,400 for a total amount not-to-exceed $3,536,400;
2. Six (6) Autocar side loading refuse trucks for the Integrated Waste Department in the amount of $2,490,000 plus a 20% contingency of $498,000 for a total amount not-to-exceed $2,988,000; and
3. Three (3) Autocar roll off refuse trucks for the Integrated Waste Department in the amount of $1,036,500 plus a 20% contingency of $207,300 for a total amount not-to-exceed $1,243,800.
B. Authorized the cooperative purchase and delivery of three (3) Battle Motors side loading refuse trucks for the Integrated Waste Department in the amount of $1,270,200 plus a 20% contingency of $254,040 for a total amount not-to- exceed of $1,524,240 from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 060920-CRN; and
C. Authorized the cooperative purchase and delivery of the following equipment from RDO Equipment Company, of Riverside, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 011723- JDC for a total amount not-to-exceed $559,950:
1. Two (2) John Deere loader for the Parks and Maintenance Department in the amount of $293,396 plus a 20% contingency of $58,679, for a total amount not-to-exceed $352,075;
2. One (1) John Deere backhoe for the Utilities Department in the amount of $173,229 plus a 20% contingency of $34,646 for a total amount not- to-exceed $207,875.
17. AN AGREEMENT WITH GRANICUS, LLC., FOR THE PEAK AGENDA
MANAGEMENT, RENTAL ACTIVITY MONITORING, CLOUD
COMMUNICATIONS, AND THE FREEDOM OF INFORMATION ACT MODULES 61 Ontario City Council/Ontario Housing
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The City Council authorized the City Manager or his designee to execute an Agreement with Granicus, LLC., of St. Paul, Minnesota, for the use of the Peak Agenda Management, Rental Activity Monitoring, Cloud Communications, and the Freedom of Information Act (FOIA) modules in the amount not-to-exceed $336,480 for three years.
18. ACCEPTANCE FOR GRANT FROM CALIFORNIA HIGHWAY PATROL FOR THE CANNABIS TAX FUND GRANT PROGRAM FISCAL YEAR 2023-24 FOR THE AMOUNT OF $256,936.
The City Council previously approved the Police Department application and acceptance of the CHP Cannabis Tax Fund Grant in the amount of $291,250, however the Department was not awarded the full asking amount. The amount awarded by the Grant Program is $256,936. The City Council authorized the City Manager or his designee to execute all documents necessary to accept the 12-month grant in the amount of $256,936.
19. AN AMENDMENT TO THE AGREEMENT WITH CENTRALSQUARE
TECHNOLOGIES, LLC., FOR 911 DISPATCH SYSTEM
The City Council authorized the City Manager or his designee to execute an Amendment to the current Agreement with CentralSquare Technologies, LLC., of Lake Mary, Florida, to include the Rehosting Services for the Computer-Aided Dispatch (CAD), used by the Police and Fire Department in the amount not-to- exceed $742,765.
20. AMERICORPS STATE COMPETITVE CONTINUATION GRANT FOR 2023-24 The City Council authorized the City Manager or designee to execute grant documents and accept a $368,000 AmeriCorps Competitive Continuation Grant for October 2023 through September 2024 to fund the Ontario Promise Corps Project.
21. AN ORDINANCE AMENDING CHAPTER 33 OF TITLE 5 OF VOLUME 1 TO THE
ONTARIO MUNICIPAL CODE, AMENDING THE PUBLIC ART PROGRAM,
RENAMING THE PUBLIC ART ADVISORY COMMITTEE TO THE PUBLIC ART
ADVISORY COMMISSION, ADDING REGULATIONS FOR PUBLIC ART
FUNDED BY CITY FUNDS ON CITY PROJECTS, AND FINDING THE ACTION
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council considered and adopted an Ordinance amending the Public Art Program, renaming the Public Art Advisory Committee to the Public Art Advisory Commission, adding regulations for public art funded by City funds on City projects, and finding the action exempt from CEQA. Introduction and first reading took place at a regular meeting on July 18, 2023.
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ORDINANCE NO. 3256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 33 TO TITLE 5 OF VOLUME | TO THE ONTARIO MUNICIPAL CODE, AMENDING THE PUBLIC ART
PROGRAM, RENAMING THE PUBLIC ART ADVISORY COMMITTEE TO THE
PUBLIC ART ADVISORY COMMISSION, ADDING REGULATIONS FOR PUBLIC
ART FUNDED BY CITY FUNDS ON CITY PROJECTS AND FINDING THE ACTION EXEMPT FROM CEQA.
22. A RESOLUTION SETTING COMPENSATION FOR THE VOTING MEMBERS OF
THE PUBLIC ART ADVISORY COMMISSION
The City Council adopted a Resolution setting the compensation amount for the voting members of the Public Art Advisory Commission.
RESOLUTION NO. 2023-127 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, SETTING COMPENSATION OF VOTING
MEMBERS OF THE PUBLIC ART PROGRAM ADVISORY COMMISSION AND ARTIST SELECTION PANELS.
23. A PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-002) FOR A 0.79-ACRE
PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF LAUREL
AVENUE AND D STREET
The City Council considered and adopted an Ordinance approving File No. PUD22- 002, the Laurel Avenue Townhomes Planned Unit Development, establishing development standards and design guidelines to facilitate a residential development located at the northeast corner of Laurel Avenue and D Street. Introduction and first reading took place at a regular meeting on July 18, 2023.
ORDINANCE NO. 3257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-002, A PLANNED
UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT AND PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 0.79-ACRES OF LAND LOCATED
AT THE NORTHEAST CORNER OF LAUREL AVENUE AND D STREET WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN
MIXED USE) ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF-APNS: 1048-354-12 AND 1048-354-13.
24. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.
PDA21-008) BETWEEN THE CITY OF ONTARIO AND JH BRAY, LLC AND HCW
LATHROP INVESTORS, LLC
The City Council considered and adopted an Ordinance approving a Development Agreement (File No. PDA21-008) between the City of Ontario and JH Bray, LLC and HCW Lathrop Investors, LLC. Introduction and first reading took place at a regular meeting on July 18, 2023.
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ORDINANCE NO. 3258 AN ORDINANCE OF THE CITY COUNCIL OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-008, A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ONTARIO AND JB BRAY, LLC, AND HCW
LATHROP INVESTORS, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20452 (FILE NO. PMTT21-017), A
19.1 ACRE PROPERTY LOCATED APPROXIMATELY 1,300 SOUTH OF THE
INTERSECTION OF RIVERSIDE DRIVE AND HAVEN AVENUE, WITHIN THE PLANNING AREA 3 LAND USE DISTRICT OF THE WEST HAVEN SPECIFIC PLAN (FILE NO. PSP03-006), AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0218-151-10.
25. A REIMBURSEMENT AGREEMENT FOR SEWER IMPROVEMENTS BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION, INC.
The City Council adopted a Resolution approving a Reimbursement Agreement (Agreement) between the City of Ontario (City) and HDC Construction, Inc. (Developer), and authorized the City Manager or designee to execute the Agreement and all other documents required for implementation of the Agreement.
RESOLUTION NO. 2023-128 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF ONTARIO AND HDC CONSTRUCTION,
INC, FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF VARIOUS
PUBLIC IMPROVEMENTS RELATING TO STORM DRAINAGE, SIDEWALKS,
STREETS, AND PIPING, DRY UTILITIES, AND DOMESTIC WATER AND SEWER SERVICE ON OR NEAR PROPERTY LOCATED AT 902 EAST ONTARIO BOULEVARD.
26. A COST SHARING AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL
DISTRICT FOR SCHOOL RESOURCE OFFICERS
The City Council approved and authorized the City Manager or designee to execute a one-year Cost Sharing Agreement with the Chaffey Joint Union High School District for three School Resource Officers in the amount of $255,000.
27. APPROVAL OF A LOAN AGREEMENT BETWEEN CITY AND 221 N MOUNTAIN
AVENUE LLC
The City Council approved and authorized the City Manager to execute, and amend if needed, a Loan Agreement between the City and 221 N Mountain Avenue LLC as part of the Sewer Connection Fee Reimbursement Pilot Program in the amount of $296,400.
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28. AUTHORIZATION FOR CITY MANAGER TO ACT ON BEHALF OF ALL CITY
AND ONTARIO HOUSING AUTHORITY-OWNED PROPERTIES
The City Council authorized the City Manager or his designee to act on behalf of City and Ontario Housing Authority-owned properties on matters related to the reestablishment of the Downtown Ontario Community Benefit District.
29. DESIGNATION OF VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE GENERAL ASSEMBLY MEETING
The City Council designated Mayor pro Tem Debra Dorst-Porada as the City's voting delegate and Mayor Paul Leon as an alternate for the League of California Cities Annual Conference General Assembly scheduled for September 22, 2023.
PUBLIC HEARINGS
30. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF
NECESSITY TO ACQUIRE BY EMINENT DOMAIN PERMANENT EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT INTERESTS IN PORTIONS
OF REAL PROPERTY FOR THE GROVE AVENUE AND HOLT BOULEVARD
INTERSECTION WIDENING PROJECT
The City Council conducted a public hearing and:
A. Adopted a Resolution of Necessity for the Grove Avenue and Holt Boulevard Intersection Widening Project and provided each party with an interest in the affected properties, their attorneys or representatives an opportunity to be heard on the issues relevant to the Resolution of Necessity; B. Made the following findings as hereinafter described in this report:
a. The public interest and necessity required the proposed project; b. The project was planned or located in a manner that will be most compatible with the greatest public good and the least private injury; c. The real property to be acquired is necessary for the project; and d. The offers of just compensation have been made to the property owners; C. Adopted a Resolution of Necessity declaring that the acquisition by eminent domain of permanent easement and temporary construction easement interests in portions of certain real property, more particularly described as Assessor Parcel Numbers 0110-061-10, 0110-061-21, 0110-061-24, 0110- 061-25, 0110-061-30, 0110-061-31, 0110-131-20, 1048-472-15, 1048-472- 22, 1048-472-24, 1048-472-25, 1049-141-24, 1049-141-25, 1049-141-30 and 1049-141-31 (collectively, the "Property"), is necessary for the construction of the Grove Avenue and Holt Boulevard Intersection Widening Project, in Ontario, California
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RESOLUTION NO. 2023-129 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO ACQUIRE BY EMINENT
DOMAIN PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT INTERESTS IN PORTIONS OF CERTAIN REAL PROPERTY FOR
THE GROVE AVENUE AND HOLT BOULEVARD INTERSECTION WIDENING PROJECT IN THE CITY OF ONTARIO.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Palmieri, Hennessey & Leifer, LLP in opposition.
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 Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-129.
31. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF
NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION
BOULEVARD
The City Council conducted a public hearing and adopted a Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 1522 West Mission Boulevard, more particularly described as Assessor Parcel No. 1011-221-19 (the Property), is necessary for the City of Ontario's intermediate Continuum of Care - Access Center Project (the Project).
RESOLUTION NO. 2023-130 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION BOULEVARD, ONTARIO, SAN
BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO. 1011-221-19, FOR THE CONTINUUM OF CARE • ACCESS CENTER.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Palmieri, Hennessey & Leifer, LLP in opposition.
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.
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MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-130.
32. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF
NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 325 NORTH
MOUNTAIN AVENUE
The City Council conducted a public hearing and adopted a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at 325 North Mountain Avenue, more particularly described as Assessor Parcel No. 1010-521-26 (the Property), is necessary for the development of Affordable Housing (the Project).
RESOLUTION NO. 2023-131 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 325 NORTH MOUNTAIN AVENUE, IN ONTARIO, SAN
BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS APN: 1010-521-26, FOR AFFORDABLE HOUSING.
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 Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-131.
33. A RESOLUTION TO ESTABLISH A FEE FOR CITY-OWNED ELECTRIC
VEHICLE CHARGING STATIONS
The City Council adopted a Resolution to establish an electric vehicle charging rate for City-owned electric vehicle charging stations of $0.39/kWh per hour. Further, the City Council adopted by that same Resolution a $1 per minute fine, after a 30-minute grace period, for vehicles parked in electric vehicle charging stations when not actively charging.
RESOLUTION NO. 2023-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING RESOLUTION 2023-043 A
CITYWIDE FEE SCHEDULE, TO ADD A FEE FOR CITY-OWNED ELECTRIC VEHICLE CHARGING STATIONS.
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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.
Stephanie Martinez, spoke in opposition of a grace period.
Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion. City Council contemplated the fees and decided to move forward with Staff's recommendation.
MOTION: Moved by Council Member Wapner seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-132.
34. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO
VACATE TWO EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY
PURPOSES
The City Council conducted a public hearing to adopt a Resolution to vacate two easements for storm drain and public utility purposes located at the northeast corner of Mill Creek Avenue and Chino Avenue and on Mill Creek Avenue approximately 330 feet south of Chino Avenue.
RESOLUTION NO. 2023-133 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE GENERAL VACATION OF
TWO EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY PURPOSES
LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE AND ON MILL CREEK AVENUE APPROXIMATELY 330 FEET SOUTH OF CHINO AVENUE.
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 Mayor pro Tem Dorst-Porada seconded by Mayor Leon and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-133.
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ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
35. AWARD A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF FIRE STATION NO. 1
The City Council took the following actions:
A. Held a public hearing on the responsibility of the lowest bidder, Horizons Construction Company International, Inc. (Horizons), in light of Horizon's bid for D&C21-001 Fire Station No. 1;
B. Determined Horizons was not responsible bidder for this project; C. Authorized the City Manager to complete and execute Construction Contract D&C21-001 Fire Station No. 1 with RC Construction Services, Inc., the lowest responsible bidder for the construction of Fire Station No. 1; D. Authorized a 15% contingency to address any unforeseen issues that may arise during the construction; and
E. Authorized the City Manager or his designee to execute all the documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
There were no written communications. City Attorney Duran presented Staffs reasons for rejection. Mayor Leon inquired if anyone was interested in speaking to the item.
Hatem Ibrahim, a representative of Horizons, presented his case to the City Council.
Hearing no one else, Mayor Leon and Council discussed the matter and reached a consensus.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to reject Horizons bid and award the construction contract to RC Construction Services, Inc.
36. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY
EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.
The City Council introduced and waived further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.
ORDINANCE NO. 3259 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §§ 7070, ET.
SEQ.
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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 Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a 4-0 vote, with Council Member Bowman absent, to introduce Ordinance No. 3259.
37. APPROVAL OF AMENDMENTS TO THE COMPENSATION AND BENEFIT
PROFILES FOR EXECUTIVE MANAGEMENT EMPLOYEES AND ADOPTION OF
A RESOLUTION REGARDING SALARIES FOR APPOINTIVE EXECUTIVE
POSITIONS
The City Council approved and authorized the City Manager to execute amendments to the Compensation and Benefit Profiles, regarding wages, hours and other terms and conditions of employment for unrepresented employees in the Executive Management employee group; adopted a Resolution setting salaries for appointive executive positions; and authorized the City Manager to make non-substantive revisions which may be necessary to implement the profile.
RESOLUTION NO. 2023-134 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, TO APPROVE THE SALARY RANGES FOR
APPOINTIVE POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.
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.
City Attorney Duran announced the following amendments from Closed Session to the Resolution. City Manager's total compensation was to increase as follows: year one 9.5%, year two 9.5%, and year three 6.5%, for a for total salary of $31,062.65 effective August 13, 2023, $31,722.49 effective July, 2024, and $34,084.80 effective July 2025.
For the Fire Chief, the salary changes were as follows, EX& $27,844.27 effective August 13, 2023, and EX8 effective August 13, 2024.
For the Police Chief, the salary changes were as follows, EX10 $28,979.60 effective August 13, 2023, and EX10 effective August 13, 2024.
Council commended City Manager Ochoa for the great work he has done with the City of Ontario and noted they hoped he would stay for many more years.
City Manger Ochoa expressed gratitude to the City Council and staff.
MOTION: Moved by Mayor Leon seconded by Council Member Valencia and carried by a 4-0 vote, with Council Member Bowman absent, to adopt Resolution No. 2023-134. 70 Ontario City Council/Ontario Housing
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38. MEMORANDUM OF UNDERSTANDING WITH RANCHO BASEBALL, LLC The City Council authorized the City Manager, or designee, to execute a binding Memorandum of Understanding Regarding Baseball Development and Proposed Lease with Rancho Baseball, LLC, and to negotiate a lease Agreement 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.
City Council had questions and comments pertaining to the terms of the MOU. City Manager Ochoa responded to all questions.
MOTION: Moved by Council Member Wapner seconded by Council Member Valencia and carried by a 4-0 vote, with Council Member Bowman absent, to execute a Memorandum of Understanding regarding Baseball Development and Proposed Lease with Rancho Baseball, LLC.
39. A DESIGN SERVICES AGREEMENT FOR THE ARCHITECTURAL AND ENGINEERING SERVICES WITH POPULOUS, INC. AND AN AMENDMENT TO
THE ON-CALL PROJECT MANAGEMENT SERVICES WITH TILDEN-COIL CONSTRUCTORS, INC. FOR CONSTRUCTION MANAGEMENT MULTI-PRIME
SERVICES FOR THE ONTARIO MINOR LEAGUE BASEBALL STADIUM AND
PARKING STRUCTURE PROJECT
The City Council took the following actions:
A. Approved and authorized the City Manager or his designee to execute the Design Services Agreement (on file in the Records Management Department) with Populous Inc., of Los Angeles, California, to provide architectural and engineering services for the Ontario Minor League Baseball Stadium and Parking Structure Project for a total not-to-exceed contract amount of $6,787,635; and
B. Approved and authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with Tilden-Coil Constructors, Inc., of Riverside, California, to provide construction management multi-prime services for the Ontario Minor League Baseball Stadium and Parking Structure Project for a total not-to-exceed contract amount of $3,539,000.
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 Wapner seconded by Council Member Valencia and carried by a 4-0 vote, with Council Member Bowman absent, to execute an agreement with Populous Inc. and Amendment No. 1 to the Professional Services Agreement with Tilden-Coil Constructors, Inc.
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STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Mayor Leon spoke about the natural disasters that occurred in Maui, Hawaii and announced community events.
Council Member Wapner made no comments.
Mayor pro Tem Dorst-Porada spoke on the rental inspection list and thanked Staff for their hard work.
Council Member Valencia spoke of the natural disaster that occurred in Maui, Hawaii.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:54 p.m. and announced the next regular meeting was scheduled for September 5, 2023.
Respectfully submitted,
hella Maut
SHEILA MAUTZ, CITY CLERK/SĘCRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN