90 ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
OCTOBER 3, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, October 3, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:04 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Ruben Valencia
ABSENT: Council/Authority Members: Alan D. Wapner and Jim W. Bowman Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE 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 6:05 p.m. the City Council recessed to Closed Session with all members present, except Council Member Wapner and Bowman, for discussion of the following:
• 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. 91 Ontario City Council/Ontario Housing
Regular Meeting Minutes - October 3, 2023
MEETING RECONVENED - OPEN MEETING
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada.
INVOCATION
The invocation was led by Pastor Victor Enoch Zesati, Victory Outreach Ontario Bilingual Church.
REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
SPECIAL CEREMONIES
PROCLAMATION OF OCTOBER 15-21, 2023 AS FRIENDS OF LIBRARIES WEEK The City Council proclaimed the week of October 15-21, 2023 as Friends of Libraries Week.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there was one written public comment:
Brittany Goytia, regarding the restroom conditions at Ontario Motor Speedway.
Mayor Leon called upon the first speaker:
Sabrina Robles, invited Council to the Ontario Police Department's 2nd annual Open House.
Celina Lopez, spoke on the importance of public comments.
Heleena Lopez, spoke about respect.
Angelique Enriquez, spoke on her discontent with the property manager at the Ontario Townhouses.
Annette Hemandez, spoke on her discontent with the property manager at the Ontario Townhouses.
Militza Camba, spoke on her discontent with the property manager at the Ontario Townhouses.
Marisela Escoto Tafella, spoke on her discontent with the property manager at the Ontario Townhouses.
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Yasmine Ramirez, asked for Council support for residents of the Ontario Townhouses.
Mayor Leon continued public comments.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
MOTION: Moved by Council Member Valencia seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 3-0, to approve the Consent Calendar with Council Members Wapner and Bowman absent.
1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of September 5, 2023, approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills September 1, 2023 through September 14, 2023 in the amount of $45,560,326.04, and Payroll August 27, 2023 through September 9, 2023 in the amount of $4,971,601.24.
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 The City Council adopted 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.
RESOLUTION NO. 2023-142 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.
4. A CONSTRUCTION CONTRACT FOR WATERPROOFING AND REPAIRS FOR
THE ONTARIO MUSEUM OF HISTORY & ART WITH APPLIED RESTORATION, INC.
The City Council took the following actions:
A. Rejected Preferred General Services Inc's protest against Applied Restoration Inc. for D&C23-012 Museum Waterproofing as non-responsive; 93 Ontario City Council/Ontario Housing
Regular Meeting Minutes - October 3, 2023
B. Authorized the City Manager or his designee to complete and execute a Construction Contract D&C23-012 Museum Waterproofing 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. Authorized a 20% contingency of $111,400, for a total contract amount not- to-exceed $668,400; 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 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.
5. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE AT 208 W.
EMPORIA ST. 2ND FLOOR WITH INFO-COM BUSINESS PRODUCTS
The City Council took the following actions:
A. Authorized a Cooperative Purchase Agreement for D&C23-008 208 W.
Emporia St. 2nd Floor 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. Authorized a 10% contingency of $16,898, for a total contract amount not-to- exceed $185,874.
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 The City Council authorized the City Manager or his designee to execute Amendment No. 4 to the Maintenance Services Agreement 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.
7. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST &
ASSOCIATES INC. TO DETERMINE LEAD SERVICE LINE INVENTORY The City Council approved and authorized the City Manager, or designee, to execute a Professional Services Agreement 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.
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8. A CONSTRUCTION CONTRACT WITH GENERAL PUMP COMPANY INC. FOR
ON-CALL MAINTENANCE, REHABILITATION, INSPECTIONS, AND
EMERGENCY WELL AND BOOSTER PUMP REPAIRS
The City Council approved and authorized the City Manager, or designee, to award a Construction Contract 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 authorized the cost of $800,000, with up to a 5% increase per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $4,420,505, with an initial term of one (1) year, and authorized 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.
9. A COMMUNITY GARDEN USE AGREEMENT WITH CARAMEL CONNECTIONS
FOR PROPERTY AT ANTHONY MUNOZ PARK
The City Council authorized the City Manager, or designee, to execute a Use Agreement with Caramel Connections Foundation for a portion of real property at Anthony Munoz Hall of Fame Park, generally located at 1240 W Fourth St for agricuitural 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.
10. AUTHORIZE THE PURCHASE OF AN X-TREME NINJA COURSE WITH
GREENFIELDS OUTDOOR FITNESS FOR JOHN GALVIN PARK
The City Council authorized 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
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
The City Council took the following actions:
A. Adopted a Resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement with Rusnak/Ontario dba Genesis of Ontario; 95 Ontario City Council/Ontario Housing
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B. Adopted a Resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Directed City Staff to file a Notice of Exemption based upon the City Council's finding that 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.
RESOLUTION NO. 2023-143 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.
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.
Chris Robles, asked for clarification regarding tax incentives. City Manager Ochoa provided clarification.
Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to adopt Resolution No. 2023-143.
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
The City Council continued this item to a future meeting.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
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
The City Council considered and introduced 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. 96 Ontario City Council/Ontario Housing
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ORDINANCE NO. 3261 (FIRST READING) 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.
Mayor Leon inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to introduce Ordinance No. 3261.
Mayor Leon continued Public Comments
Saori Castillo, was not present when called.
Sophia Castillo, was not present when called.
Mario Huante, spoke on the U.S. and State of California constitution.
Jesse Fonseca, spoke on airplane noise.
Chris Robles, spoke of unsafe traffic conditions at the Vineyard Street Bridge construction site.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Mayor Leon stated the need to appoint Giselle Leon to the Recreation and Parks Commission.
MOTION: Moved by Mayor Leon seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to appoint Giselle Leon to the Recreation and Parks Commission.
Council Member Valencia made no comments.
Mayor pro Tem Dorst-Porada inquired who the property owner of the Ontario Townhomes was, expressed that she understood that some facts may be inaccurate regarding public comment, and announced upcoming events.
Mayor Leon agreed with Mayor pro Tem Dorst-Porada regarding public comments. 97 Ontario City Council/Ontario Housing
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ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:20 p.m. and announced the next regular meeting was scheduled for October 17, 2023.
Respectfully submitted,
heila Nau
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN