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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
DECEMBER 5, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, December 5, 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, and Ruben Valencia.
ABSENT: Council/Authority Members: Jim W. Bowman.
Also present were City Manager / Executive Director Scott Ochoa, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Dorst-Porada.
INVOCATION
The invocation was led by Senior Pastor Gresford Thomas of the Ontario Seventh-Day Adventist Church.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:
James Trott, regarding parking for businesses.
Lory Mason, regarding Consent Calendar Item Nos. 9 and 10.
Mayor Leon called upon the first speaker:
Amanda Coker, spoke regarding the Chino Basin Water Conservation District and announced upcoming events.
Trudy Holloway, spoke on her experience serving the Meals on Wheels organization as well as flooding occurring on J street.
Mario Huante, spoke on the shared principles of the California and Arizona state constitutions.
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AGENDA REVIEW/ANNOUNCEMENTS
Assistant City Attorney Guiboa reported on Item 14 and announced the base salary for the incoming Fire Chief range to be between $22, 100 and $29,400 dollars per month with $6,000 dollars in fringe benefits per month.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to approve the Consent Calendar.
Mayor pro Tem Dorst-Porada referenced Item No. 6 regarding her desire to sustain the vitality of local business.
1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of November 7, 2023, approving the same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills November 7, 2023 through November 16, 2023 in the amount of $28,019,673.63, and Payroll October 22, 2023 through November 4, 2023 in the amount of $5,111,499.52.
3. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURES AND
UPDATED INVESTMENT POLICY
The City Council approved the adoption of Resolutions rescinding Resolution Nos. 2022-157 and 2022-158; and amending the list of Deputy City Treasurers authorized to invest City Funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario's Investment Policy
RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL FO THE
CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR THE INVESTMENT OF
INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE
CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2022-157.
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RESOLUTION NO. 2023-159 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2022-158.
4. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20087. LOCATED AT
THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH
STREET
The City Council adopted a Resolution approving Final Parcel Map No. 20087 located at the southwest corner of Ontario Mills Drive and Fourth Street RESOLUTION NO. 2023-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET.
5. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC.
FOR THE DEMOLITION OF THE BUILDINGS AT 404 N. EUCLID AVE. AND CONSTRUCTION OF A NEW "D BLOCK" TEMPORARY SURFACE PARKING LOT
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute a Construction Contract No. . D&C23-002 404 N. Euclid Demolition with Resource Environmental, Inc., of Cerritos, California, for the demolition of 404 N. Euclid Ave and the construction of a temporary surface parking lot in the amount of $1,639,000;
B. Authorized the City Manager or his designee to execute a %15 contingency of $245,850 to address any unforeseen issues that may arise during the demolition and construction for a total contract amount not-to-exceed $1,884,850; and
C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contract, agreements, assessments, easements, reduction of retention accounts and filing a notice of completion at the conclusion of all construction related activities.
6. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSULTING
SERVICES
The City Council and Housing Authority Board approved and authorized the City Manager, or designee, to execute a three-year On-Call Professional Services Agreements with five acquisition, relocation, property management firms, seven real estate valuation and appraisal firms, ten engineering and land surveying firms, and six environmental firms; and authorize the City Manager or designee to extend the agreements for up to two additional one-year periods. In no event hall the proposed Agreement, with each firm, exceed $500,000 over a three-year period with an allocation of $166,000 per year.
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7. A PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION COMPUTER
PROGRAMMING AND MAINTENANCE SERVICES
The City Council approved and authorized the City Manager, or his designee, to execute a Professional Services Agreement with Freedom Automation Inc., of Oceanside, California, for the City's Supervisory Control and Data Acquisition (SCADA) computer programming and maintenance services in the amount of $200,000 for Fiscal Year 2023-24, and authorize the cost of $200,000 per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,000,000, with an initial term from December 5, 2023 to June 30, 2024, with the option to extend the Agreement for up to four consecutive one year periods, at the set pricing levels per Bid No. 1676.
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 2ND FLOOR OFFICE
RENOVATION PROJECT
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with CalTek Technologies, of Ontario, California, for the 208 Emporia 2nd Floor Office Renovation Project in the amount of $13,972 for a total not-to-exceed contract amount of $163,972; and B. Authorized 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.
9. A ZONE CHANGE REQUEST (FILE NO. PZC23-003) FOR VARIOUS
PROPERTIES THROUGHOUT THE CITY
The City Council considered and adopted an Ordinance approving a Zone Change application (File No. PZC23-003) to rezone: [1] 3.8 acres of land from HDR-45 (High- Density Residential, 25.1-45 dus/acre) to MU-1 (Downtown Mixed Use) located north of D Street, south of E Street, and to the west of Laurel Street; [2] 9.8 acres of land from BP (Business Park) to MU-6 (East Holt Mixed Use) located on the north side of Holt Boulevard, 800 feet east of Imperial Street; and [3] 5.75 acres of land from OL (Low-Intensity Office) to MU-1 (Downtown Mixed Use) located on the southwest corner of Sultana Avenue and D Street. First reading and introduction took place at a regular meeting on November 21, 2023.
ORDINANCE NO. 3263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-003, A ZONE CHANGE REQUEST TO AMEND THE OFFICIAL ZONING MAP: [1] REZONING
3.8 ACRES OF LAND FROM HDR-45 (HIGH-DENSITY RESIDENTIAL) TO MU-1 132
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(DOWNTOWN MIXED USE), [2] REZONING OF 9.8 ACRES OF LAND FROM BP (BUSINESS PARK) TO MU-6 (EAST HOLT MIXED USE), AND [3] REZONING 5.75 ACRES OF LAND FROM OL (LOW- INTENSITY OFFICE) TO MU-1 (DOWNTOWN MIXED USE), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110- 02-2000000000104044-03, 1048-353-04,1048-353-05,
1048-353-09, 1048-353-13, 1048-353-14, 1048-541-15, 1048-576-01, AND 1048-576-02.
10. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT
FUNDS FOR OUTDOOR EQUITY GRANTS PROGRAM
The City Council took the following actions:
A. Adopted a Resolution approving the filing of an application for grant funds through the Outdoor Equity Grants Program;
B. Authorized the City Manager, or his designee, to execute any documents or agreements needed to complete the application and implement the grant; and C. Accepted funding of $100,000 provided by the Outdoor Equity Grants Program.
RESOLUTION NO. 2023-161 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS.
11. AN AMENDMENT TO 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
The City Council adopted an Ordinance amending subsections C, D, E, F, I, J and K of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals. First reading and introduction took please at a regular meeting on November 21, 2023.
ORDINANCE 3264 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.
12. AN AMENDMENT TO THE ON-CALL MAINTENANCE SERVICES AGREEMENT
WITH WESTERN ALLIED CORPORATION FOR VARIOUS ONTARIO POLICE
DEPARTMENT TENANT IMPROVEMENT PROJECTS
The City Council took the following actions:
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A. Authorized the City Manager or his designee to execute Amendment No. 1 to the On-Call Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for Ontario Police Department (OPD) Tenant Improvement Projects in the amount of $135,000 for a total not-to-exceed contract amount of $1,560,000; and
B. Authorized 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.
13. A CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS POLE
REPLACEMENT PROJECT
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute a Construction Contract with MC Electric, of Chino, California, for the Parks Pole Replacement Project in the amount of $984,300; and
B. Authorized a 10% contingency of $98,430 to address any unforeseen issues that may arise during construction, for a total contract amount not-to-exceed $1,082,730; and
C. Authorized 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.
14. ADOPT A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW FIRE CHIEF
The City Council adopted a Resolution confirming the appointment of a new Fire Chief at a salary range consistent with range EX 9.
RESOLUTION NO. 2023-162 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF FIRE
PUBLIC HEARINGS
15. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT
(PRESERVATION AGREEMENT), FILE NO. PHP23-007, FOR A DESIGNATED
HISTORIC PROPERTY
The City Council considered and adopted a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the designated historic property located at 311 West H Street (APN:
1048-271-09), Michael Kerby and Cynthia L. Kerby.
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RESOLUTION NO. 2023-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP23-007, AND
AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC
PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH MICHAEL KERBY AND CYNTHIA L. KERBY, FOR THE PROPERTY LOCATED AT 311 WEST H STREET (APN: 1048-271-09).
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Executive Director Scott Murphy provided a presentation regarding the historic property.
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 Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-163.
16. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY
REPORT, RESOLUTION, AND OPERATING COVENANT AGREEMENT
BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC.
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 Home Depot U.S.A., Inc.; and 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 impact 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 2023-164 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 HOME DEPOT U.S.A., INC.
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.
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MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-164.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Mayor pro Tem Dorst-Porada thanked Staff for overseeing the Holiday parade.
Council Member Wapner echoed Mayor pro Tem Dorst-Porada's appreciation for the Christmas parade and spoke on the ambulance response in Ontario. He thanked the San Bernardino Board of Supervisors for working towards the benefit of residents.
Mayor Leon recognized the Chino Basin Water District.
Council Member Valencia thanked the City Council for the Christmas parade and drone show.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:04 p.m. and announced the next regular meeting was scheduled for December 19, 2023.
Respectfully submitted,
sheila Maut
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYORICHAIRMAN