CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MARCH
5, 2024
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
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: APNs: 1048-564-03, 1048-564-04,1048-564-05, 1048-564-06; 121-143 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: LAB-CO LLC; Under negotiation: Price and terms of payment.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240305 Closed Session
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APNs: 1047-543-20, 1047-543-30, 1047-543-31; 315-405 East Fourth Street and 406 East Harvard Place; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: C.C.
Graber Co.; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Mayor pro Tem Dorst-Porada
INVOCATION
Pastor Daniel Ventura, Ontario United Reformed Church
REPORT ON CLOSED SESSION
City Attorney
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:
20240206 Minutes (Not official until approved)
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH POPULOUS, INC. FOR
ADDITONAL MASTER PLANNING SERVICES FOR THE PROPOSED MINOR LEAGUE BASEBALL
STADIUM AND PARKING STRUCTURE PROJECT, AND AN AMENDMENT TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL CONSTRUCTORS, INC. FOR
CONSTRUCTION MANAGEMENT MULTI-PRIME SERVICES FOR THE ONTARIO SPORTS
COMPLEX PROJECT
ATTACHMENT:
Populous Amendment 1.pdf
ATTACHMENT:
Tilden-Coil Amendment 2.pdf
4. FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE REPORT
ATTACHMENT:
FY 2023-24
Mid-Year Budget Update Report_EXHIBIT A.pdf
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 2 minutes.
Minutes for the regular meetings of the City Council and Housing Authority of February 6, 2024, and approving same as on file in the Records Management Department.
Bills February 2, 2024 through February 15, 2024, and Payroll January 28, 2024 through February 10, 2024.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement with Populous, Inc., of Los Angeles, California, to provide additional Master Planning Services for the Proposed Minor League Baseball Stadium and Parking Structure Project in the amount of $2,987,375 for a total not-to-exceed contract amount of $9,775,010; and
B
.
Authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, to provide Construction Management Multi-Prime Services for the mass grading of the entire 192-acre site, construction management for the offsite infrastructure construction, and the additional scope added to the Proposed Minor League Baseball Stadium and Parking Structure in the amount of $14,813,944 for a new not-to-exceed contract amount of $18,352,944 and to extend the contract term until October 27, 2027.
That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2023-24 Mid-Year Budget Update Report (Exhibit A).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
5. A SERVICE AND SOFTWARE LICENSING AGREEMENT WITH ACCELA, INC. TO UPGRADE THE
CITY'S LAND MANAGEMENT SOFTWARE SYSTEM
ATTACHMENT:
Accela-Subscription-Services-Agreement
ATTACHMENT:
SOW - Ontario CA - SaaS Migration 1.21 (002).pdf
6. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR ON-CALL PROJECT MANAGEMENT SERVICES
ATTACHMENT:
Amendment No. 2 - Transtech Engineers, Inc..pdf
ATTACHMENT:
Amendment No. 3 AA.pdf
7. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC.
FOR ON-CALL GEOTECHNICAL CONSULTING, MATERIALS TESTING, AND SPECIAL
INSPECTION SERVICES
ATTACHMENT:
Amend 4 Kleinfelder City Hall Parking Structure NEW.pdf
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH STETSON ENGINEERING INC. FOR THE EVALUATION OF AN ADVANCED WASTEWATER PURIFICATION
FACILITY ALTERNATIVE SUPPLY PROGRAM PROJECT
That the City Council authorizes the City Manager or his designee to execute an Agreement with Accela, Inc., of San Ramon, California, to upgrade the City's land management software system, in an amount not-to-exceed $3,041,548.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 2 to the Professional Services Agreement with Transtech Engineers, Inc. (Transtech), of Chino, California, for on-call Project Management Services for the Concession Stand Remodel at Latimer Field in an amount of $7,040 for a total not-to-exceed contract amount of $1,146,000
; and
B
.
Authorize the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with Transtech, of Chino, California, for on-call Project Management Services in an amount of $150,000 for a total not-to-exceed contract amount of $1,296,000.
That the City Council authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide on-call geotechnical consulting, materials testing, and special inspection services for the City Hall Expansion - Parking Structure Project in the amount of $461,981 for a total contract amount not-to-exceed $928,535.
That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with Stetson Engineering Inc., of Covina, California, for the Evaluation of an Advanced Wastewater Purification Facility Alternative Supply Program Project for $150,000, for a new total not-to-exceed contract amount of $336,148 and a term from July 19, 2022 to January 1, 2025.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240305 PSA with Stetson Engineering^01 AGMT Amend No. 1.pdf
9. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20449 LOCATED AT THE SOUTHEAST CORNER OF HAVEN
AVENUE AND ONTARIO RANCH ROAD
ATTACHMENT:
TM-20449^01 EX
ATTACHMENT:
TM-20449^02^RESO^RM
ATTACHMENT:
TM-20449^03 SIA
10. A CONSTRUCTION CONTRACT WITH MAMCO INC., A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICE INC., AND AMENDMENTS TO THE
PROFESSIONAL SERVICES AGREEMENTS WITH ANSER ADVISORY MANAGEMENT LLC AND KLEINFELDER INC., FOR THE ARCHIBALD SEWER DIVERSION PROJECT
ATTACHMENT:
Exhibit A.pdf
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20449 located at the southeast corner of Haven Avenue and Ontario Ranch Road.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20449 LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND ONTARIO RANCH ROAD.
That the City Council take the following actions:
A
.
Approve the plans and specifications and award Contract No. UT1016 to Mamco Inc., of Perris, California, for the construction of the Archibald Sewer Diversion Project, in the amount of $3,666,666 plus a 15% contingency of $550,000, for a total not-to-exceed amount of $4,216,666, a term of 200 calendar days after issuance of notice to proceed; and authorize the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.
B
.
Approve and authorize the City Manager, or designee to execute a Professional Services Agreement with Stantec Consulting Services Inc., of Irvine, California, for a total not-to- exceed amount of $129,000 for construction engineering services and a term from March 5, 2024 to March 31, 2026.
C
.
Approve and authorize the City Manager, or designee to execute Amendment No. 10 to the Professional Services Agreement with ANSER Advisory Management LLC DBA Wallace and Associates Consulting Inc., of Santa Ana, California, to amend the Agreement amount by $137,660 for a new total not-to-exceed amount of $2,172,433 for construction management and inspection services and a term from March 5, 2024 to October 1, 2024.
D
.
Approve and authorize the City Manager, or designee to execute Amendment No. 5 to the Professional Services Agreement with Kleinfelder Inc., of Ontario, California, to amend the Agreement amount by $87,951 for a new total not-to-exceed amount of $1,016,486 for geotechnical and material testing services and a term from March 5, 2024 to June 30, 2025.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
PSA with Mamco Inc. AGMT^01.pdf
ATTACHMENT:
PSA with Stantec Consulting AGMT^02.pdf
ATTACHMENT:
PSA with Anser Advisory AGMT^03.pdf
ATTACHMENT:
PSA with Kleinfelder Inc.
AGMT^01.pdf
11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF THE ONTARIO MUNICIPAL CODE
RELATING TO THE FLOOD DAMAGE PREVENTION PROGRAM
ATTACHMENT:
Amendments_to_Floodplain^ORD^RM
12. A GRANT APPLICATION FROM OMNITRANS MEASURE I FOR THE ONTARIO SILVER S.T.A.R.S. PROGRAM
That the City Council consider and adopt an Ordinance amending certain sections of Chapter 13 of the Ontario Municipal Code relating to the City's flood damage prevention program.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER 13 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE FLOOD DAMAGE PREVENTION PROGRAM.
That the City Council authorize the City Manager or his designee to execute all documents necessary to apply for and accept a 2-year grant in the amount of $1,519,198 from Omnitrans Measure I for the Ontario Silver S.T.A.R.S. Program.
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