CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER
5, 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 5:30 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
INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.
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 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel
GC 54956.9 CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION Number of Cases:
One Case
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230905 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: APN: 1048-566-07; 301 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties:
Overland Direct Inc.; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-081-06; 1619 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Joe Howard Combee & Cheryl Ellen Combee Revocable Trust; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-081-07; 1621-1623 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Anthony & Beverly Ditommaso Living Trust, Christopher F.
Ditommaso Trust, Franklin J. Bruno Living Trust, and Deanna P. Brost Trust; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-574-07; 115 North Palm Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: S N A Holdings, LLC; Under negotiation: Price and terms of payment
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-574-08; 302 West Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: S N A Holdings, LLC; 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
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
National Preparedness Month 2023
SPECIAL CEREMONIES
PROCLAMATION OF SEPTEMBER 2023 AS NATIONAL PREPAREDNESS MONTH That the City Council proclaim the month of September 2023 as National Preparedness Month in the City of Ontario.
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.
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:
20230801 Minutes (Not official until approved)
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC GROUP DBA HMC
ARCHITECTS
4. A RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES
ON CERTAIN PORTIONS OF EAST HARVARD PLACE IN THE CITY OF ONTARIO
ATTACHMENT:
Parking Restrictions for Street Sweeping^RESO^RM
5. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND
ASSOCIATES FOR ON-CALL ENGINEERING PLAN CHECK SERVICES
6. ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.
Minutes for the regular meetings of the City Council and Housing Authority of August 1, 2023 and approving same as on file in the Records Management Department.
Bills July 28, 2023 through August 10, 2023, and Payroll July 16, 2023 through August 12, 2023 when audited by the Finance Committee.
That the City Council authorize the City Manager or his designee to execute the Amendment No. 3 to the Design Services Agreement (on file in the Records Management Department) with HMC Group dba HMC Architects to increase the not-to-exceed amount by $450,848 from $3,978,123 to $4,428,971 and amend the scope of work.
That the City Council adopt a Resolution establishing parking restrictions for street sweeping purposes on certain portions of East Harvard Place in the City of Ontario.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ESTABLISHING
PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES ON CERTAIN PORTIONS OF EAST HARVARD PLACE IN THE CITY OF ONTARIO.
That the City Council approve an Amendment to the Professional Services Agreement (on file in the Records Management Department) with Harris and Associates, of Irvine, California to provide on-call plan checking services for a revised annual authorized expenditure of $2,250,000 in Fiscal Year 2023-24 and $2,250,000 in FY 2024-25, for a total revised five-year contract not-to-exceed amount of $9,900,000.
That the City Council adopt an Ordinance adopting a Military Equipment Use Policy.
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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
AB 481 ORD^01^RM
ATTACHMENT:
OPD_Lexipol_Policy_708_Military_Equipment__Final_Proposed_.pdf
ATTACHMENT:
OPD 481 Draft V2.pdf
7. A RESOLUTION DETERMINING THE CITY-OWNED PROPERTY AT 517/521/525 NORTH
VIRGINIA AVENUE AS EXEMPT SURPLUS LAND, TRANSFER PROPERTY TO ONTARIO
HOUSING AUTHORITY AND APPROVE AFFORDABLE HOUSING RESTRICTIONS
ATTACHMENT:
Exempt Surplus Land RESO^01^RM
ATTACHMENT:
City Transferring Assisi House to OHA RESO^02^RM
ATTACHMENT:
OHA Accepting Transfer Assisi House from City^RESO^03^RM
8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH WITHERS AND SANDGREN, LTD. FOR STREETSCAPE IMPROVEMENTS FOR THE MISSION BOULEVARD MEDIAN
IMPROVEMENTS PROJECT
That the City Council and the Ontario Housing Authority Board of Directors take the following actions:
A
.
Adopt the Resolution declaring certain City-owned real property at 517, 521, and 525 North Virginia Avenue (APN: 1048-412-13) to be exempt surplus land; B
.
Adopt a Finding that no further CEQA analysis is necessary C
.
Authorize the transfer of the property to the Ontario Housing Authority to create affordable housing;
D
.
Approve the Affordable Housing Regulatory Agreement establishing new affordable housing requirements; and
E
.
Authorize the City Manager or designee to take all actions necessary with respect thereto.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 54221 DECLARING THAT CERTAIN REAL PROPERTY (517, 521, AND 525 NORTH VIRGINIA AVENUE) IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH
DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TRANSFERRING
THAT CERTAIN REAL PROPERTY COMMONLY REFERRED TO AS THE ASSISI HOUSE TO THE
ONTARIO HOUSING AUTHORITY FOR TRANSITIONAL HOUSING OR AFFORDABLE HOUSING USE.
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,
CALIFORNIA, ACCEPTING THE TRANSFER OF THAT CERTAIN REAL PROPERTY COMMONLY
REFERRED TO AS THE ASSISI HOUSE FROM THE CITY OF ONTARIO FOR TRANSITIONAL HOUSING OR AFFORDABLE HOUSING USE.
That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement (on file in the Record Management Department) with Withers & Sandgren Ltd., of Chatsworth, California, to provide design services for the Mission Boulevard Median Improvements Project in the amount of $170,000 for a total not-to-exceed CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
9. A PROFESSIONAL SERVICES AGREEMENT WITH INTERPERSONAL FREQUENCY, LLC., FOR
WEBSITE REDESIGN SERVICES
10. APPROVAL OF THE SOLE SOURCE PURCHASE OF MERIDIAN BARRIERS FROM MERIDIAN
RAPID DEFENSE GROUP
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE RUBBERIZED
PAVEMENT GRANT PROGRAM
ATTACHMENT:
CalRecycle Grant^02^RESO^RM
12. A SOLE SOURCE PURCHASE WITH MOTOROLA SOLUTIONS, INC FOR PORTABLE
MOTOROLA RADIOS FOR POLICE STAFF
13. AN AMENDMENT WITH OPEX CORPORATION FOR MAIL EXTRACTION AND SCANNING
WORKSTATION SOFTWARE
contract amount of $235,800.
That the City Council authorize the City Manager or his designee to execute a Professional Services Agreement (on file in the Records Management Department) in the amount of $1,001,975 with Interpersonal Frequency, LLC. for website redesign and 5 years of maintenance and support services.
That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the Sole Source purchase of meridian barriers in the amount of $258,895 from Meridian Rapid Defense Group, of Pasadena, California.
That the City Council adopt a Resolution authorizing the submittal of applications for the Rubberized Pavement Grant Program to the Department of Resources Recycling and Recovery (CalRecycle); and authorize the City Manager, or his designee, to execute said applications and all related grant documents.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM.
That the City Council approve and authorize the City Manager or designee to execute all documents necessary for the sole source purchase of 300 Motorola N70 portable radios from Motorola Solutions, Inc., of Chicago, Illinois, for $2,003,709 plus a $496,291 contingency for a
total not-to-exceed of $2,500,000.
That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Goods and Services Agreement (on file in the Records Management Department) with OPEX Corporation (OPEX) of Moorestown, New Jersey, for an increase to the existing Agreement of $17,197, for a new total not-to-exceed amount of $158,204, for mail extraction and scanning workstation software, and a term through September 6, 2025.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
14. PURCHASE OF NETWORK FIREWALL AND ROUTER EQUIPMENT WITH SIDEPATH, INC., AND NTT AMERICA, INC.
15. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD AND NATIONAL AUTO
FLEET GROUP
That the City Council take the following actions:
A
.
Approve and authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with Sidepath, Inc. of Laguna Hills, California, for the purchase of carrier-grade Internet firewall equipment in the amount of $231,143, plus a 10% contingency on the pre-tax amount of $21,255 for Fiscal Year 2023-24, for a total not-to-exceed contract amount of $252,398.
B
.
Approve and authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with NTT America, Inc., of New York, New York for the purchase of carrier-grade Internet network router equipment in the amount of $222,984, plus a 10% contingency on the pre-tax amount of $21,475 for Fiscal Year 2023- 24, for a total not-to-exceed contract amount of $244,459.
C
.
Authorize a total aggregate not-to-exceed contract amount of $496,857 with Sidepath, Inc., and NTT America, Inc.
That the City Council take the following actions:
A
.
Award Bid No. 1685 and authorize the purchase and delivery of three (3) Ford F-150 pickup trucks from Peoria Ford, of Peoria, Arizona, in the amount of $204,572 for the Fire Department;
B
.
Award Bid No. 1684 and authorize the purchase and delivery of nine (9) Ford Explorer Sports Utility Vehicles (SUVs) from Peoria Ford, of Peoria, Arizona, in the amount of $448,671 for the Police Department; and
C
.
Authorize the cooperative purchase and delivery of 38 Dodge Durango Pursuit Vehicles for the Police Department in the amount of $2,597,000 plus a 10% contingency of $259,700 for a total amount not-to-exceed of $2,856,700 from National Auto Fleet Group, of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 091521-NAF.
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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
16. A PUBLIC HEARING TO CONSIDER APPROVAL OF A DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND HDC CONSTRUCTION, INC. FOR THE DEVELOPMENT OF THREE SINGLE-FAMILY HOUSING UNITS LOCATED AT 1325-1329 SOUTH EUCLID AVENUE (APNS: 1049-531-01 AND 1049-531-02)
ATTACHMENT:
1325 1329 South Euclid Avenue DDA^02^OHA^RESO^RM
17. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND
POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES
ATTACHMENT:
Alcoholic Beverages in Public Facilities^ORD^RM
That the Board of the Ontario Housing Authority (OHA):
A
.
Adopt the attached Resolution approving the Disposition and Development Agreement (Agreement) between the Ontario Housing Authority and HDC Construction, Inc. (Developer) (on file with the Records Management Department); and B
.
Authorize the Executive Director or designee to sign all documents necessary to implement the Agreement.
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND CALIFORNIA CAPITAL, INC. FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1325/1329 SOUTH EUCLID AVENUE, ONTARIO (APNS:
1049-531-01 AND 1049-531-02).
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council introduce, read by title only, and waive further reading of an Ordinance amending Section 5-11.02 of Chapter 11 of Title 5 of the Ontario Municipal Code relating to the public consumption and possession of alcoholic beverages on or in public facilities.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO
THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 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