183
ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
March 19, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, March 19, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:01 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman and Ruben Valencia.
ABSENT: Council/Authority Members: None.
Also present were City Manager / Executive Director Scott Ochoa, Assistant 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 and recessed to Closed Session at 6:03 p.m. for discussion of the following:
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.
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session. 184
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REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
Tom Burciaga provided the invocation.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:
Annette Lee, regarding the homeless population.
Alejandro Gonzalez-Bernier, regarding boards and commissions.
Mayor Leon called upon the first speaker:
Enrique Flores-Guerra, spoke regarding an open invitation to collaborate with the City of Ontario.
Ezequiel Franco, spoke regarding an open invitation to the Hispanic Chamber of Commerce's Cinco de Mayo event.
Lorena Corona, spoke regarding an overview of the Esperanza Scholarship Foundation.
Anthony Pace, spoke regarding privacy concerns pertaining to Ovitt Family Community Library's office machines.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa brought to attention the development of a second sinkhole because of the recent rainstorms. City Manager Ochoa conveyed the need for the City Council to ratify the proposed Local State of Emergency to authorize and mobilize City resources.
Mayor Leon indicated that for the Resolution Proclaiming the Existence of a Local Emergency be added to the agenda a motion must be brought forth.
MOTION: Moved by Mayor pro Tem Porada seconded by Council Member Bowman and carried by a unanimous vote 5-0, to add the item onto the agenda.
RESOLUTION NO. 2024-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY AND DIRECT THE EMERGENCY ORGANIZATION OF THE CITY OF
ONTARIO TO TAKE THE NECESSARY STEPS FOR THE PROTECTION OF LIFE, HEALTH AND SAFETY IN THE CITY OF ONTARIO.
Mayor Leon opened the item for Council discussion.
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MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-013.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by a unanimous vote 5-0, to approve the Consent Calendar.
1. APPROVAL OF MINUTES
Approved 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.
2. BILLS & PAYROLL
1,21994.51, and Pay to 024 try 1, 202 through ebruary 24, 2024 int ot amount of $5,359,341.31.
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
The City Council adopted a Resolution ordering the summary vacation of an easement for public utility purposes located at the southeast corner of Haven Avenue and Philadelphia Street.
RESOLUTION 2024-007 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.
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
The City Council adopted 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 authorized the City Manager, or his designee, to execute all necessary documents to submit a reimbursement claim. 186
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RESOLUTION 2024-008 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.
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
The City Council adopted 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.
RESOLUTION 2024-009 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.
6. A RESOLUTION APPROVING THE 2023 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2023 HOUSING ELEMENT ANNUAL PROGRESS REPORT
The City Council adopted 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.
RESOLUTION 2024-010 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.
7. AN AMENDMENT TO THE GENERAL SERVICES AGREEMENT WITH HUNTER CONSULTING INC. DBA HCI ENVIRONMENTAL AND ENGINEERING
The City Council authorized 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. 187
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8. THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL
REPORT FOR FISCAL YEAR 2023-24
The City Council adopted a Resolution approving the Downtown Ontario Improvement Association (DOIA) Annual Report for Fiscal Year. 2023-24.
RESOLUTION 2024-011 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.
9. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE DOWNTOWN MOBILITY HUB PROJECT DESIGN
The City Council took the following actions:
A. Authorized 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. 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.
10. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HOLT ARCHITECTS, INC., FOR THE POLICE DEPARTMENT MEDIA ROOM DESIGN The City Council took the following actions:
A. Authorized 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. 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.
11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
NJBSOFT LLC FOR COMPLIANCE WORKFLOW AUTOMATION SOFTWARE 188
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The City Council authorized 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 authorized the annual cost of $50,000 per year, for a total not-to-exceed amount of $275,500 consistent with City Council approved budgets.
12. DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT MANAGEMENT AND
DISBURSEMENT AGREEMENT
The City Council approved a Management and Disbursement Agreement with the Downtown Ontario Improvement Association for the administration of the Downtown Ontario Community Benefit District.
13. AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
ADVANCED UTILITY SYSTEMS FOR SOFTWARE LICENSING, MAINTENANCE
AND SUPPORT SERVICES FOR THE CUSTOMER INFORMATION SYSTEM (CIS)
The City Council authorized 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.
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
The City Council authorized the City Manager, or his 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
15. A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT FOR A 1.22-ACRE PARCEL OF LAND LOCATED AT 218 EAST D STREET; SUBMITTED BY EUCLID INVESTMENT GROUP, LLC.
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The City Council introduced and waived further reading of an Ordinance approving File No. PUD23-002, the Downtown Ontario Luxury Apartments (Phase I) Planned Unit Development, establishing development standards and design guidelines to facilitate a multiple-family residential development at 218 East D Street.
ORDINANCE NO. 3272 (FIRST READING) 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.
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.
Executive Director of Community Development Scott Murphy provided a presentation on the matter.
Mayor pro TemPorada spoke in support of the project and thanked City staff for their efforts.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3272.
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
The City Council adopted a Resolution approving the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report, and introduced and waived further reading of an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006).
RESOLUTION 2024-012 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. 190
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ORDINANCE NO. 3273 (FIRST READING) 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.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written public comment from Ruth Lewis in opposition to the project.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.
Mark Terzano, spoke in opposition to the project.
Executive Director of Community Development Scott Murphy provided a presentation on the matter.
City Council spoke in support of the project and thanked City Staff for their efforts.
Mayor Leon acknowledged the history of the project site and also spoke in support of the project.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution 2024-012 and introduce Ordinance No. 3273.
STAFF MATTERS:
City Manager Ochoa made no announcements.
COUNCIL MATTERS:
Council Member Wapner brought awareness to colon cancer and urged the need to be screened for the disease when possible.
Council Member Valencia congratulated the Ontario Fire Department for their fundraising efforts benefitting the Ontario-Montclair School District.
Mayor Leon expressed his admiration towards Lorena Corona's unwavering character.
ADJOURNMENT:
Mayor Leon adjourned the meetings of the Joint Agencies at 7:08 p.m. and announced the next regular meeting was scheduled for April 2, 2024. 191
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Respectfully submitted,
Sheela Maut
HEILA MAUTZ. CITY CLERKISECRETAR'
APPROVED:
)
PAUL S. LEON, MAYOR