72 ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
SEPTEMBER 5, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, September 5, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:32 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner, 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.
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, at 5:34 p.m. the City Council recessed to Closed Session with all members present, with the exception of Council Member Wapner who arrived at 5:36 p.m. for discussion of the following:
• 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
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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: 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: SNA 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: SNA Holdings, LLC; Under negotiation: Price and terms of payment
MEETING RECONVENED - OPEN MEETING
Mayor Leon reconvened the meetings at 6:43 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman. 74 Ontario City Council/Ontario Housing
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, INVOCATION
The invocation was led by Pastor Taylor Kern, Ontario United Reformed Church
REPORT ON CLOSED SESSION
City Attorney Duran reported City Council discussed all except the last two items pertaining to real property negotiations for APNs 1048-574-07 and 1048-574-08. Mr.
Duran also noted that Council Member Bowman recused himself from discussion pertaining to APN 1048-566-07 out of an abundance of caution and not because of any existing conflicts.
SPECIAL CEREMONIES
PROCLAMATION OF SEPTEMBER 2023 AS NATIONAL PREPAREDNESS MONTH The City Council proclaimed the month of September 2023 as National Preparedness Month in the City of Ontario.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were no written public comments.
Mayor Leon called upon the first speaker:
Kiran Nakani, introduced Lifting Humanity, a refugee program in Ontario.
Maria Galvan, spoke regarding increasing cost of rent.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
PUBLIC COMMENT
Item No. 6 - Maria Galvan, spoke in opposition of a Military Equipment Use Policy and requested more trees.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Approved minutes for the cancelled meetings of the City Council and Housing Authority of August 1, 2023, approving same as on file in the Records Management Department.
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2. BILLS & PAYROLL
Approved bills July 28, 2023 through August 10, 2023 in the amount of $16,436, 164.62, and Payroll July 16, 2023 through August 12, 2023 in the amount of $9,540,561.64.
3. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HM
GROUP DBA HMC ARCHITECTS
The City Council authorized the City Manager or his designee to execute the Amendment No. 3 to the Design Services Agreement 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.
4. A RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR STREET
SWEEPING PURPOSES ON CERTAIN PORTIONS OF EAST HARVARD PLACE
IN THE CITY OF ONTARIO
The City Council adopted a Resolution establishing parking restrictions for street sweeping purposes on certain portions of East Harvard Place in the City of Ontario.
RESOLUTION NO. 2023-135 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.
5. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS AND ASSOCIATES FOR ON-CALL ENGINEERING PLAN CHECK
SERVICES
The City Council approved an Amendment to the Professional Services Agreement 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.
6. ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.
The City Council adopted an Ordinance adopting a Military Equipment Use Policy.
ORDINANCE NO. 3259 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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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
The City Council and the Ontario Housing Authority Board of Directors took the following actions:
A. Adopted 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. Adopted a Finding that no further CEQA analysis is necessary C. Authorized the transfer of the property to the Ontario Housing Authority to create affordable housing;
D. Approved the Affordable Housing Regulatory Agreement establishing new affordable housing requirements; and
E. Authorized the City Manager or designee to take all actions necessary with respect thereto:
RESOLUTION NO. 2023-136 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.
RESOLUTION NO. 2023-137 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.
RESOLUTION NO. OHA-115 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.
8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH WITHERS AND SANDGREN, LTD. FOR STREETSCAPE IMPROVEMENTS FOR THE
MISSION BOULEVARD MEDIAN IMPROVEMENTS PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement 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 contract amount of $235,800.
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9. A PROFESSIONAL SERVICES AGREEMENT WITH INTERPERSONAL FREQUENCY, LLC., FOR WEBSITE REDESIGN SERVICES
The City Council authorized the City Manager or his designee to execute a Professional Services Agreement in the amount of $1,001,975 with Interpersonal Frequency, LLC. for website redesign and 5 years of maintenance and support services.
10. APPROVAL OF THE SOLE SOURCE PURCHASE OF MERIDIAN BARRIERS
FROM MERIDIAN RAPID DEFENSE GROUP
The City Council approved and authorized the City Manager or his designee to execute all documents necessary for the Sole Source purchase of meridian barriers n the amount of $258,895 from Meridian Rapid Defense Group, of Pasaden:
California.
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
The City Council adopted 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.
RESOLUTION NO. 2023-138 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF
APPLICATIONS FOR THE CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM.
12. A SOLE SOURCE PURCHASE WITH MOTOROLA SOLUTIONS, ING FOR
PORTABLE MOTOROLA RADIOS FOR POLICE STAFF
The City Council approved and authorized 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.
13. AN AMENDMENT WITH OPEX CORPORATION FOR MAIL EXTRACTION AND
SCANNING WORKSTATION SOFTWARE
The City Council approved and authorized the City Manager, or designee to execute Amendment No. 1 to the Goods and Services Agreement 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. 78 Ontario City Council/Ontario Housing
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14. PURCHASE OF NETWORK FIREWALL AND ROUTER EQUIPMENT WITH SIDEPATH, INC., AND NTT AMERICA, INC.
The City Council took the following actions:
A. Approved and authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with Sidepath, Inc. of Laguna Hills, Calitornia, 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. Approved and authorized 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. Authorized a total aggregate not-to-exceed contract amount of $496,857 with Sidepath, Inc., and NTT America, Inc.
15. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD AND
NATIONAL AUTO FLEET GROUP
The City Council took the following actions:
A. Awarded Bid No. 1685 and authorized 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. Awarded Bid No. 1684 and authorized 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. Authorized 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
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)
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The Board of the Ontario Housing Authority (OHA):
A. Adopted the attached Resolution approving the Disposition and Development Agreement (Agreement) between the Ontario Housing Authority and HDC Construction, Inc. (Developer); and
B. Authorized the Executive Director or designee to sign all documents necessary to implement the Agreement.
RESOLUTION NO. OHA-116 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).
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications Mayer lemon opaled the public ayor Lean dised ed pubione an interested in the ing for Council discussion.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution No. OHA-116.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
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
The City Council introduced, 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.
ORDINANCE NO. 3260 (FIRST READING) 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.
There were no written communications. Mayor Leon inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon and Council discussed the matter. 80 Ontario City Council/Ontario Housing
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MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 5-0, to introduce Ordinance No. 3260.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
There were no council matters.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:02 p.m. and announced the next regular meeting was scheduled for September 19, 2023.
Respectfully submitted,
sheilaN aut
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LÉON, MAYORICHAIRMAN