CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MARCH 19, 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
ATTACHMENT:
20240319 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
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: 1052-121-01, 1052-211-02, 1052-211-03; 13107 Campus Avenue; City/Authorized negotiator: Scott Ochoa or his designee; Negotiating parties: Costello Investments, LLC; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Council Member Valencia
INVOCATION
Pastor Taylor Kern, Ontario United Reformed Church
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
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.
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.
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 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.
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:
20240220 Meeting Minutes (Not Official Until Approved)
2. BILLS & PAYROLL
3. A RESOLUTION APPROVING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC
UTILITY PURPOSES LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND
PHILADELPHIA STREET
ATTACHMENT:
20240319 Vacation 319^01 EXH 1.pdf
ATTACHMENT:
20240319 Vacation 319^02^RESO^RM
ATTACHMENT:
20240319 Vacation 319^03 RESO EXH A - B.pdf
4. A RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR THE 2023 TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3 FUNDS FOR THE BUS STOP BOARDING PAD INSTALLATION PROJECT
ATTACHMENT:
CC_5_TDA_Art_3_Claim_RESO_RM.docx
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20452 LOCATED ON THE WEST SIDE OF HAVEN AVENUE, APPROXIMATELY 600 FEET NORTH OF CHINO AVENUE
Minutes for the regular meetings of the City Council and Housing Authority of February 20, 2024 and approving same as on file in the Records Management Department.
Bills February 16, 2024 through February 29, 2024, and Payroll February 11, 2024 through February 24, 2024.
That the City Council adopt a Resolution ordering the summary vacation of an easement for public utility purposes located at the southeast corner of Haven Avenue and Philadelphia Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE
SUMMARY VACATION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED AT THE SOUTHEAST CORNER OF HAVEN AVENUE AND PHILADELPHIA STREET.
That the City Council adopt a Resolution approving the submittal of a claim for $32,835 to the San Bernardino County Transportation Authority (SBCTA) for the 2023 Transportation Development Act (TDA) Article 3 Funds for the Bus Stop Boarding Pad Installation Project and authorize the City Manager, or his designee, to execute all necessary documents to submit a reimbursement claim.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A CLAIM TO THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR THE BUS STOP BOARDING PAD INSTALLATION PROJECT.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240319 TM-20452^01 EX.pdf
ATTACHMENT:
20240319 TM-20452^02 RESO^RM.docx
ATTACHMENT:
20240319 TM-20452^03 SIA.pdf
6. A RESOLUTION APPROVING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
ATTACHMENT:
20240319 PADV24-001 2023 GP HE APR^02^RESO^RM
ATTACHMENT:
20240319 PADV24-001_2023_GP_HE_APR^03 AGPR.pdf
7. AN AMENDMENT TO THE GENERAL SERVICES AGREEMENT WITH HUNTER CONSULTING INC. DBA HCI ENVIRONMENTAL AND ENGINEERING
ATTACHMENT:
Amendment No. 3 Hunter Consulting Inc. (HCI) Environmental and Engineering
8. THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 2023-24
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20452 located on the west side of Haven Avenue, approximately 600 feet north of 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. 20452, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, APPROXIMATELY 600 FEET NORTH OF CHINO AVENUE.
That the City Council consider and adopt a Resolution authorizing Staff to transmit the 2023 General Plan Annual Progress Report, which includes the 2023 Housing Element Annual Progress Report, to the California Department of Housing and Community Development and Governor's Office of Planning and Research.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT (FILE NO. PADV24-001), WHICH INCLUDES
THE HOUSING ELEMENT ANNUAL PROGRESS REPORT, AND AUTHORIZING STAFF TO SUBMIT
THE REPORTS TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH.
That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the General Services Agreement with Hunter Consulting Inc. dba HCI Environmental and Engineering Inc. (HCI), of Corona, California, to extend the current funding threshold and terms of services for cleaning and maintenance of the Ontario Police Department Firearms Training Facility and biohazard clean-up services for a total not-to-exceed contract amount of $253,377.
That the City Council adopt a Resolution approving the Downtown Ontario Improvement Association (DOIA) Annual Report for Fiscal Year 2023-24.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Annual Report FY 23-24^01^RESO^RM
ATTACHMENT:
DOIA ANNUAL REPORT 2023-2024^02 EXH A
9. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE DOWNTOWN MOBILITY HUB PROJECT DESIGN
ATTACHMENT:
Thirtieth Street Amendment No. 4 AA.pdf
10. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HOLT ARCHITECTS, INC.
FOR THE POLICE DEPARTMENT MEDIA ROOM DESIGN
ATTACHMENT:
Holt_Architects__Inc._Amendment_No._8_AA NEW.pdf
11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NJBSOFT LLC FOR
COMPLIANCE WORKFLOW AUTOMATION SOFTWARE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE
ANNUAL REPORT SUBMITTED BY THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY 2023-24.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 4 to the Design Services Agreement with Thirtieth Streets Architects, Inc., of Costa Mesa, California, for the Downtown Mobility Hub Project design, formerly the Fallis House, in the amount of $109,300 for a total not-to-exceed contract amount of $559,300; and B
.
Authorize 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.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 8 to the Design Services Agreement with Holt Architects, Inc., of Palm Desert, California, for the Ontario Police Department Media Room design in the amount of $273,918 for a total not-to- exceed contract amount of $1,328,984; and
B
.
Authorize 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.
That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to Professional Services Agreement with NJBSoft LLC, of Phoenix, Arizona, for the use of SAMS Water, Cross Connection, and Industrial Pretreatment Program Compliance Software modules in the amount of $50,000 for Fiscal Year 2023-24, with the unilateral option to extend the Agreement for up to two successive one-year periods (FY2024- 25 to FY2025-26); and authorize the annual cost of $50,000 per year, for a total not-to-exceed amount of $275,500 consistent with City Council approved budgets.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240319 NJBSoft LLC AGMT ^1
Amendment No.2.pdf
12. DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT MANAGEMENT AND
DISBURSEMENT AGREEMENT
ATTACHMENT:
20240319 Ontario-DOIA Management Agreement^01
13. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED UTILITY
SYSTEMS FOR SOFTWARE LICENSING, MAINTENANCE AND SUPPORT SERVICES FOR THE
CUSTOMER INFORMATION SYSTEM (CIS)
ATTACHMENT:
20240319 AUS AGMT^01.pdf
14. ACCEPTANCE OF FUNDING FROM THE COUNTY OF SAN BERNARDINO WHICH WILL BE
PASSED THROUGH TO THE LEAVEN KIDS FOUNDATION FOR EDUCATION RESOURCES AND
PROGRAMS TO SUPPORT AT-RISK YOUTH
ATTACHMENT:
CON-BOS-03-26-24-City of Ontario.pdf
15. A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT That the City Council approve a Management and Disbursement Agreement with the Downtown Ontario Improvement Association for the administration of the Downtown Ontario Community Benefit District.
That the City Council approve and authorize the City Manager, or his designee to execute Amendment No. 2 to Professional Services Agreement with Advanced Utility Systems, a subsidiary of Harris Computer Systems of Ottawa, Ontario, Canada for utility billing system software licensing, maintenance and support services in the amount of $1,707,215 for a three year period, with the option to extend the term for two successive one-year periods, for a new total not-to-exceed amount of $5,284,481 which includes the initial purchase and implementation.
That the City Council authorize the City Manager or designee to execute all documents necessary to accept funding from the County of San Bernardino in the amount of $200,000 to be passed through to the Leaven Kids Foundation for education resources and programs to support at-risk youth.
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.
Each member of the public wishing to address the City Council on Public Hearing items will be given a total of 2 minutes.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov FOR A 1.22-ACRE PARCEL OF LAND LOCATED AT 218 EAST D STREET; SUBMITTED BY EUCLID INVESTMENT GROUP, LLC.
ATTACHMENT:
20240319 File No. PUD23-002^PC Back-up.pdf
ATTACHMENT:
20240319 PUD23-002 Downtown Lux Apart^02^ORD^RM
ATTACHMENT:
File No. PUD23-002 Downtown Lux Apart^03 PUD.docx
16. A PUBLIC HEARING TO CONSIDER ADOPTION OF THE WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-006) ON A 5.81-ACRE PROJECT SITE LOCATED AT THE
NORTHEAST CORNER OF MOUNTAIN AVENUE AND FOURTH STREET, SUBMITTED BY JAT
LAND DEVELOPMENT
ATTACHMENT:
20230319 File No. PUD22-006^ PC Back-up.pdf
ATTACHMENT:
PUD22-006 Watermarke Ontario Mixed Use CC AR Attachment A - Addendum^02^RESO^RM.docx
ATTACHMENT:
20240319 File No. PUD22-006 Watermarke Ontario Mixed Use CC^03 Addendum Reso Attachment A - Addendum Doc.pdf
ATTACHMENT:
PUD22-006 Watermarke Ontario Mixed Use CC AR Attachment B - PUD^04^ORD^RM.docx
That the City Council introduce and waive further reading of an Ordinance Approving File No.
PUD23-002, the Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development, establishing development standards and design guidelines to facilitate a multiple-family residential development at 218 East D Street.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR THE PROJECT SITE LOCATED AT 218 EAST D STREET WITHIN THE MU-1 (MIXED USE DOWNTOWN) ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556- 05, AND 1048-556-14.
That the City Council adopt a Resolution approving the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report and introduce and waive further reading of an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE USE OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT, PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NOS. PUD22-006 AND PDEV22-042.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-006, THE WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT, ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 5.81-ACRE
PROJECT SITE LOCATED AT THE NORTHEAST CORNER OF MOUNTAIN AVENUE AND FOURTH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1008-513-16, 1008-522-01, 1008-522-02, AND 1008-522-03.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240319 File No. PUD22-006 Watermarke Ontario Mixed Use CC^05 Ordinance Attachment A - PUD Doc.pdf
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