81 •ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
SEPTEMBER 19, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, September 19, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:31 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia
ABSENT: Council/Authority Members: None
Also present were Assistant City Manager / Assistant Executive Director Darlene Sanchez, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBILE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Pastor Richard Hernandez, The Church of God Ontario
SPECIAL CEREMONIES
A PROCLAMATION RECOGNIZING CALIFORNIA NATIVE AMERICAN DAY The City Council proclaimed and recognized September 22, 2023, as California Native American Day.
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PUBLIC COMMENTS
Assistant City Clerk Isbell announced there was one written public comment:
Loree Masonis, questions regarding Measure Q.
Mayor Leon called upon the first speaker:
Kiara Valdez Garcia, invited Council to participate in National Walk to School Day.
Ralph Linderman, spoke regarding oversized vehicles Ordinance.
Robert Luguori, spoke on homelessness in the community.
Maria Molina, spoke on homelessness in the community.
Ana Hernandez, spoke on homelessness in the community.
Leticia Rosales, spoke on homelessness in the community.
Mayor Leon continued public comment to the end of the meeting.
AGENDA REVIEW/ANNOUNCEMENTS
Assistant City Manager Sanchez announced Staff's request to continue Item No. 15 of the consent calendar.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to approve the Consent Calendar with the exception of Item No. 15. .
1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority Depart 15, 2023, approving same as on file in the Records Management
2. BILLS & PAYROLL
Approved bills August 11, 2023 through August 31, 2023 in the amount of $27,180,777.89, and Payroll August 13, 2023 through August 26, 2023 in the amount of $4,815, 109.08.
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3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JSB FIRE PROTECTION, LLC. FOR FIRE CODE PLAN REVIEW SERVICES The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement 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.
4. A RESOLUTION ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024-25 TO 2028-29
The City Council considered and adopted a Resolution approving the Fiscal Year 2024-25 through Fiscal Year 2028-29 Measure | Five-Year Capital Project Needs Analysis (CPNA) and authorized the City Manager to approve changes to the plan as may be required by the City and/or San Bernardino County Transportation Authority (SBCTA).
RESOLUTION NO. 2023-140 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.
5. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM
DESIGN GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES
FOR THE ONTARIO SPORTS COMPLEX PROJECT
The City Council authorized the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement 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.
6. A CONSTRUCTION CONTRACT WITH CT&T CONCRETE PAVING, INC. FOR
AMERICANS WITH DISABILITIES ACT (ADA) CONCRETE RAMP
CONSTRUCTION SERVICES
The City Council authorized 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.
7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CAPO PROJECTS GROUP, LLC FOR INTEGRATED PROJECT CONTROLS,
ASSESSMENT, AND REPORTING SERVICES
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The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 3 to the Professional Services Agreement 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.
AUTHORIZE A SOLE SOURCE PURCHASE OF FIRE APPARATUS AND
APPROVE A GOODS AND SERVICES AGREEMENT WITH FIRE APPARATUS
SOLUTIONS
The City Council took the following actions:
A. Approved 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. Authorized 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. Authorized the City Manager or his designee to execute a three-year Goods and Services Agreement 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.
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
The City Council took the following actions:
A. Rejected 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. Authorized the City Manager or his designee to complete and execute Construction Contract No. D&C20-017 with Fleming Environmental, Inc., of Mo. Dac 20-067 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. Authorized 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. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, 85 Ontario City Council/Ontario Housing
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contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
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
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Maintenance Services Agreement for Contract No. PM 2023-3 with Red Hawk Services, Inc., of Perris, California, to provide fence 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.
11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
STOEL RIVES LLP FOR LEGAL AND TECHNICAL SERVICES PERTAINING TO WATER MATTERS •
The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement 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.
12. AUTHORIZE A SOLE SOURCE PURCHASE OF AN INTEGRATED BALLISTIC IDENTIFICATION SYSTEM (IBIS) FROM FORENSIC TECHNOLOGY INC.
The City Council approved and authorized 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.
13. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT WITH
INNOVATIVE PLAYGROUNDS FOR BON VIEW PARK
The City Council authorized 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.
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
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The City Council adopted 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. Introduction and first reading took place at a regular meeting on September 5, 2023.
ORDINANCE NO. 3260 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.
15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND PREVENTION ROUND 3 (HHAP-3) FUNDING
ADMINISTERED BY THE COUNTY OF SAN BERNARDINO TO RAPIDLY
REHOUSE HOMELESS FAMILIES AND INDIVIDUALS
The City Council continued this item to a future meeting.
PUBLIC HEARINGS
16. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR THE 2022-23 FISCAL YEAR
The City Council took the following actions:
A. Held a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) for the Fiscal Year 2022-23; B. Directed Staff to prepare and transmit to the Ú.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public comments received on the draft CAPER; and
C. Authorized the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 5-0, to adopt the Consolidated Annual Performance and Evaluation Report for the 2022-23 Fiscal Year. 87 Ontario City Council/Ontario Housing
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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) The City Council considered and adopted a Resolution upholding the Planning Commission's approval of the Development Plan (File No. PDEV21-035) and denying the appeal.
RESOLUTION NO. 2023-141 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.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication in opposition from the Center for Community Action and Environmental Justice.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.
Executive Director of Community Development Scott Murphy provided a presentation.
The appellant, Celina Lopez was given additional time to present her case and spoke in opposition of the Planning Commission's decision.
Director of Development at Charter Real Estate Christine Ather presented the applicant's case and spoke in support of the Planning Commission's decision.
PUBLIC COMMENTS
Raymond Smith, spoke in support of the appeal.
Tina Silva, spoke in support of the appeal.
Martha Aragon, spoke in support of the appeal.
Heleena Lopez, spoke in support of the appeal.
Juana Gamez, spoke in support of the appeal
Xochitl Escamilla, spoke in support of the appeal.
Maria Galvan, spoke in support of the appeal.
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Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion. City Council discussed the matter and came to the consensus to support the Planning Commission's decision.
MOTION: Moved by Council Member Wapner seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution No. 2023-141.
Mayor Leon continued Public Comments
Xochitl Escamilla, spoke on California Native American Day.
Maria Galvan, spoke on various issues.
Mario Huante, spoke on citizens' civic responsibilities.
Stephanie, spoke on feral cats.
Jesse Fonseca, was not present when called upon.
Juana Gamez, spoke of her experience with the My Ontario application.
STAFF MATTERS
Assistant City Manager Sanchez provided alternative methods for reporting issues to the City of Ontario.
COUNCIL MATTERS
Mayor pro Tem Dorst-Porada expressed her condolences regarding Los Angeles County Sheriff Deputy Ryan Clinkunbroomer and asked for Council concurrence to adjourn in his memory.
Council Member Wapner supported the consensus to adjourn in Deputy Clinkunbroomer's memory.
Council Member Bowman made no comments.
Council Member Valencia supported the adjournment in memory of Deputy Clinkunbroomer.
Mayor Leon expressed concern regarding feral cats and expressed his excitement of drone laser shows in the future.
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:02 p.m. in memory of Los Angeles Sheriff Deputy Ryan Clinkunbroomer and announced the next regular meeting was scheduled for October 3, 2023.
Respectfully submitted,
Shelas/auts
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
A
PAUL S. LEON, MAYORICHAIRMAN