CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
OCTOBER
3, 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:
20231003 Closed Session
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
6:00 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 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-481-29; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Dali III, LLC; Under negotiation: Price and terms of payment
PLEDGE OF ALLEGIANCE
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20231003 - Friends of Library Week Proclamation^01_PROC.docx Council Member Bowman
INVOCATION
Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church
REPORT ON CLOSED SESSION
City Attorney
SPECIAL CEREMONIES
PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK That the City Council proclaim the week of October 15-21, 2023 as Friends of Libraries Week.
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 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:
20230905 Minutes (Not Official Until Approved).docx
2. BILLS & PAYROLL
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916, LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD
AVENUE AND CHINO AVENUE
ATTACHMENT:
Tract Map 18916^01 EXH A.
ATTACHMENT:
Tract Map 18916^02^RESO^RM
4. A CONSTRUCTION CONTRACT FOR WATERPROOFING AND REPAIRS FOR THE ONTARIO MUSEUM OF HISTORY & ART WITH APPLIED RESTORATION, INC.
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 September 5, 2023 and approving same as on file in the Records Management Department.
Bills September 1, 2023 through September 14, 2023, and Payroll August 27, 2023 through September 9, 2023.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 18916 located at the southwest corner of Archibald Avenue and Chino Avenue.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 18916 LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE.
That the City Council take the following actions:
A
.
Reject Preferred General Services Inc.’s protest against Applied Restoration Inc. for D&C23-012 Museum Waterproofing as non-responsive;
B
.
Authorize the City Manager or his designee to complete and execute a Construction Contract D&C23-012 Museum Waterproofing (on file with the Records Management Department) with Applied Restoration, Inc., of El Cajon, California, for the Ontario Museum of History & Arts Exterior Waterproofing Project for a total not-to-exceed contract amount of $557,000;
C
.
Authorize a 20% contingency of $111,400, for a total contract amount not-to-exceed $668,400; and
D
.
Authorize the City Manager or his designee to execute all documents required for the CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
5. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AT 208 W. EMPORIA ST. 2ND FLOOR WITH INFO-COM BUSINESS PRODUCTS
6. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH GREENTECH LANDSCAPE, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR PARKWAYS AND
MEDIANS IN THE ONTARIO RANCH AREA
7. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. TO
DETERMINE LEAD SERVICE LINE INVENTORY
8. A CONSTRUCTION CONTRACT WITH GENERAL PUMP COMPANY INC. FOR ON-CALL
MAINTENANCE, REHABILITATION, INSPECTIONS, AND EMERGENCY WELL AND BOOSTER
PUMP REPAIRS
completion of the project including, but not limited to agreements, assessments, easements, reduction of retention accounts, contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
That the City Council take the following actions:
A
.
Authorize a Cooperative Purchase Agreement for D&C23-008 208 W. Emporia St. 2nd Floor (on file with the Records Management Department) with Margaret C. Pett DBA Info- Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $168,976 consistent with the terms and conditions of the OMNIA 2020 #R191817 and OMNIA 2022 #R221001; and B
.
Authorize a 10% contingency of $16,898, for a total contract amount not-to-exceed $185,874.
That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement (on file with the Records Management) for Contract No. PM2021-2 with Greentech Landscape, Inc., of Whittier, California, to provide landscape maintenance services for a newly acquired Community Facilities District (CFD) located in the Ontario Ranch area in the amount of $105,304 for a total not-to-exceed contract amount of $1,300,918.
That the City Council approve and authorize the City Manager, or designee, to execute a Professional Services Agreement (on file in the Records Management Department) with West Yost & Associates Inc., of Davis, California, for Lead Service Line Inventory: Field Identification and Materials Classification Services in the total not-to-exceed amount of $251,643 and a term from October 3, 2023 to June 30, 2024.
That the City Council approve and authorize the City Manager, or designee, to award a Construction Contract (on file in the Records Management Department) to General Pump Company Inc., of San Dimas, California, for on-call maintenance, rehabilitation, inspections, and emergency well and booster pump repairs in the amount of $800,000 for Fiscal Year 2023- 24, and authorize the cost of $800,000, with up to a 5% increase per Fiscal Year (2024-25 to CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
9. A COMMUNITY GARDEN USE AGREEMENT WITH CARAMEL CONNECTIONS FOR PROPERTY
AT ANTHONY MUNOZ PARK
10. AUTHORIZE THE PURCHASE OF AN X-TREME NINJA COURSE WITH GREENFIELDS OUTDOOR
FITNESS FOR JOHN GALVIN PARK
ATTACHMENT:
Exhibit A_Ninja Course.docx
11. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT AND
OPERATING COVENANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND
RUSNAK/ONTARIO DBA GENESIS OF ONTARIO AND CONSIDERATION OF RESOLUTION 2027-28) for a total not-to-exceed amount of $4,420,505, with an initial term of one (1) year, and authorize the option to extend the Contract for up to four (4) consecutive one (1) year periods, at the set pricing levels per Bid No. 1672.
That the City Council authorize the City Manager, or designee, to execute a Use Agreement with Caramel Connections Foundation (on file in the Records Management Department) for a portion of real property at Anthony Munoz Hall of Fame Park, generally located at 1240 W Fourth St (the Property) for agricultural purposes to enable community-supported healthy eating, active living, and education initiatives. The term of the Agreement is through October 1, 2028, with an additional five-year term option.
That the City Council authorize the cooperative purchase of an X-Treme Ninja Course with Greenfields Outdoor Fitness for John Galvin Park in the amount of $578,640 plus a 10% contingency of $57,864 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed contract amount of $638,504 from Greenfields Outdoor Fitness, of Anaheim, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010721-GRN.
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
.
Adopt a resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement (on file with the Records Management Department) with Rusnak/Ontario dba Genesis of Ontario;
B
.
Adopt a resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C
.
Direct City Staff to file a Notice of Exemption based upon the City Council’s finding that CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Genesis Operating Covenant Agreement^01^RESO^RM
ATTACHMENT:
Genesis Economic Subsidy Report^02
12. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO DEVELOPMENT
CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY
AND ESTABLISHING FEES FOR SHORT TERM RENTALS
ATTACHMENT:
Exhibits A & B Short term Rentals Ordinance Updating
ATTACHMENT:
20231003 Short Term Rentals Ordinance Update.docx
ATTACHMENT:
Resolution Establishing Short Term Rental Fee^RESO^RM
13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO
MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS
ATTACHMENT:
Amendment to OMC Pertaining to Oversized Vehicle Parking^ORD^RM the impacts for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant effect on the environment.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE
ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND RUSNAK/ONTARIO DBA GENESIS OF ONTARIO.
That the City Council introduce, waive the first reading of an Ordinance amending subsections C, D, and I of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals and approve the fee resolution for short-term rentals.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO
DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ESTABLISHING A
SHORT-TERM RENTAL PERMIT APPLICATION FEE UNDER ONTARIO DEVELOPMENT CODE SECTION 5.03.363(C).
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council consider and take action in adopting an Ordinance to amend Section 4-
6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code pertaining to standards for oversized vehicle parking on public streets.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO OVERSIZED VEHICLE PARKING ON PUBLIC STREETS.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Board & Commission Appointment
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