CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
SEPTEMBER 19, 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
ATTACHMENT:
CA Native American Day Proclamation
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 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
PLEDGE OF ALLEGIANCE
Council Member Valencia
INVOCATION
Pastor Richard Hernandez, The Church of God Ontario
SPECIAL CEREMONIES
A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY That the City Council proclaim and recognize California Native American Day.
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 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:
20230815 Minutes (Not Official Until Approved).docx
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JSB FIRE PROTECTION, LLC. FOR FIRE CODE PLAN REVIEW SERVICES
[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.
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.
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.
Minutes for the regular meetings of the City Council and Housing Authority of August 15, 2023, and approving same as on file in the Records Management Department.
Bills August 11, 2023 through August 31, 2023, and Payroll August 13, 2023 through August 26, 2023 when audited by the Finance Committee.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028-29
ATTACHMENT:
Measure I Five-Year Analysis^02^RESO^RM
ATTACHMENT:
Exhibit A^02pdf
5. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP FOR
ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS COMPLEX
PROJECT
6. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR AMERICANS WITH
DISABILITIES ACT (ADA) CONCRETE RAMP CONSTRUCTION SERVICES
7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS
GROUP, LLC FOR INTEGRATED PROJECT CONTROLS, ASSESSMENT, AND REPORTING
SERVICES
That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement (on file in the Records Management Department) with JSB Fire Protection, LLC., of Downey, California, for a two year term extension for a new end term of June 30, 2027 and an increase to the existing Agreement by $30,000 annually, for a total not-to-exceed amount of $1,960,000.
That the City Council consider and adopt a Resolution approving the Fiscal Year 2024-25 through Fiscal Year 2028-29 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorize the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028-
29. That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement (on file in the Records Management Department) for contract No. PM 1819-1 with RJM Design Group, of San Juan Capistrano, California, to provide on-call landscape architectural services for the Ontario Sports Complex Project in the amount of $160,000 for a total not-to-exceed contract amount of $425,000.
That the City Council authorize the City Manager or his designee to execute a one-year Construction Contract with CT&T Concrete Paving, Inc., of Diamond Bar, California, for ADA Concrete Ramp Construction Services for a not-to-exceed contract amount of $175,000.
That the City Council approve and authorize the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement (on file in the Records Management Department) with CAPO Projects Group, LLC, of San Clemente, California, for integrated project controls, assessment, and reporting services for $47,976, for a total not-to-exceed amount of $347,811, and a term extension to September 30, 2024.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
8. AUTHORIZE A SOLE SOURCE PURCHASE OF FIRE APPARATUS AND APPROVE A GOODS AND
SERVICES AGREEMENT WITH FIRE APPARATUS SOLUTIONS
9. A CONSTRUCTION CONTRACT WITH FLEMING ENVIRONMENTAL, INC. AND AN
AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ROBERT BORDERS
AND ASSOCIATES FOR THE SAM ALBA PARK RESTROOM RENOVATION PROJECT
10. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH RED HAWK SERVICES, INC. FOR ON-CALL FENCE REPAIR AND INSTALLATION FOR LATIMER BALLFIELD
AND PUBLIC WORKS CITY YARD
That the City Council take the following actions:
A
.
Approve Fire Apparatus Solutions (FAS), of Rialto, California as the sole source provider for current and future procurements of Kovatch Mobile Equipment (KME) fire apparatus and fire equipment parts and services associated with the routine maintenance and repair of fire equipment;
B
.
Authorize the sole source purchase and delivery of two (2) KME Fire Pumpers in the amount of $2,524,000 and one (1) KME Fire Aerial Tractor in the amount of $2,351,000 from FAS for a total not-to-exceed amount $4,875,000; and C
.
Authorize the City Manager or his designee to execute a three-year Goods and Services Agreement (on file in the Records Management Department) with FAS for an annual cost of $300,000 for a total not-to-exceed contract amount of $900,000 and authorize the City Manager or his designee to extend the agreement for one (1) additional two-year term.
That the City Council take the following actions:
A
.
Reject bids from KNC Construction, Inc., HZS Engineering and Construction, and Wakeco, Inc. for the Sam Alba Park Restroom Renovation Project as being non-responsive; B
.
Authorize the City Manager or his designee to complete and execute Construction Contract No. D&C20-017 (on file with the Records Management Department) with Fleming Environmental, Inc., of Fullerton, California, for the Sam Alba Park Restroom Renovation Project in the amount of $642,687 plus a 7% contingency of $44,989 to address any unforeseen issues that may arise during construction for a total contract not-to-exceed amount of $687,676;
C
.
Authorize the City Manager or his designee to complete and execute Amendment No. 17 to the On-Call Design Services Agreement with Robert Borders and Associates (Robert Borders), of Costa Mesa, California, for the Sam Alba Park Restroom Renovation Project in the amount of $12,373; and
D
.
Authorize 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.
That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Maintenance Services Agreement (on file with the Records Management Department) for Contract No. PM 2023-3 with Red Hawk Services, Inc., of Perris, California, to provide fence CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STOEL RIVES LLP
FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS
12. AUTHORIZE A SOLE SOURCE PURCHASE OF AN INTEGRATED BALLISTIC IDENTIFICATION SYSTEM (IBIS) FROM FORENSIC TECHNOLOGY INC.
13. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT WITH INNOVATIVE
PLAYGROUNDS FOR BON VIEW PARK
ATTACHMENT:
Exhibit A-Bon View Park.docx
14. 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
15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND repair and installation for the Latimer Ballfield and Public Works City Yard in the amount of $329,823 for a total contract not-to-exceed amount of $479,823.
That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement (on file in the Records Management Department) with Stoel Rives LLP, of Sacramento, California, in the amount of $225,000 for Fiscal Year 2023-24 and $100,000, for Fiscal Year 2024-25, for a new total not-to-exceed amount of $714,000, and extend the term until June 30, 2025, for legal and technical services with respect to matters relating to water supply and water rights.
That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the sole source purchase of an Integrated Ballistic Identification System (IBIS) from Forensic Technology Inc., of Largo, Florida, in the amount of $369,133.
That the City Council authorize the cooperative purchase of playground equipment for Bon View Park in the amount of $343,786 plus a 10% contingency of $34,379 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not to exceed amount of $378,165 from Innovative Playgrounds, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR.
That the City Council adopt 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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov PREVENTION ROUND 3 (HHAP-3) FUNDING ADMINISTERED BY THE COUNTY OF SAN
BERNARDINO TO RAPIDLY REHOUSE HOMELESS FAMILIES AND INDIVIDUALS
16. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2022-23 FISCAL YEAR
ATTACHMENT:
DRAFT CAPER.pdf
17. A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL FOR FILE NO. PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984
SQUARE FOOT INDUSTRIAL BUILDING, LOCATED AT THE SOUTHEAST CORNER OF SULTANA AVENUE AND BELMONT STREET (APNS: 1049-491-01, 1049-491-02, AND 1049- 491-03)
That the City Council accept $135,000 in HHAP-3 funding to provide eight households that are homeless in the west valley of San Bernardino County with move-in costs and up to six months’ rent assistance and services to stabilize their housing.
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.
That the City Council take the following actions:
A
.
Hold a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the Fiscal Year 2022-23 (on file in the Records Management Department);
B
.
Direct Staff to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public comments received on the draft CAPER; and
C
.
Authorize the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD.
That the City Council consider and adopt a Resolution upholding the Planning Commission’s approval of the Development Plan (File No. PDEV21-035) and denying the appeal.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DECISION TO APPROVE FILE NO.
PDEV21-035, A DEVELOPMENT PLAN TO CONSTRUCT A 59,984 SQUARE FOOT INDUSTRIAL BUILDING ON 3.15 GROSS ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF
SULTANA AVENUE AND BELMONT STREET, WITHIN THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1049-491-01, 1049-491-02 AND 1049-491-03.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230919 File No. PDEV21-035 Appeal^02 Appeal Application.pdf
ATTACHMENT:
20230919 File No. PDEV21-035 Appeal^03 PC Back-up.pdf
ATTACHMENT:
File No. PDEV21-035 Appeal_03 PDEV^RESO^RM
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
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