CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
APRIL
2, 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:
20240402 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 5:30 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 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB 2328325
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 218-111-06; 13115 South Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Huaiqing Ren and Xia Cui, Husband and Wife as Joint Tenants; Under negotiation: Price and terms of payment.
GC 54956.9 (d)(4), CONFERENCE WITH LEGAL COUNSEL, POTENTIAL INITIATION OF LITIGATION: One (1) case.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
PLEDGE OF ALLEGIANCE
Council Member Wapner
INVOCATION
Pastor Taylor Kern, 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.
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.
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:
20240305 Meeting Minutes (Not Official Until Approved).docx
2. BILLS & PAYROLL
3. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES LOCATED WITHIN TRACT MAP NO. 18916 AT THE SOUTHWEST CORNER
OF ARCHIBALD AVENUE AND CHINO AVENUE
ATTACHMENT:
20240402 Vacation 324^01 EXH 1.pdf
ATTACHMENT:
20240402 Vacation 324^02^RESO^RM
ATTACHMENT:
20240402 Vacation 324^03 RESO EXH A - B.pdf
4. A RESOLUTION ORDERING THE SUMMARY VACATION OF THE RIGHT-OF-WAY AND
EASEMENT FOR PUBLIC UTILITY PURPOSES IN EAST EAMES STREET, EAST POLLOCK STREET,
SOUTH JACOBSON AVENUE, AND EAST LAUTNER DRIVE AND RECONVEYING ANY OF THE
CITY'S INTEREST THEREIN
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.
Minutes for the regular meetings of the City Council and Housing Authority of March 5, 2024 and approving same as on file in the Records Management Department.
Bills March 1, 2024 through March 14, 2024, and Payroll February 25, 2024 through March 9, 2024.
That the City Council adopt a Resolution ordering the summary vacation of an easement for street purposes located within Tract Map No. 18916 at the southwest corner of Archibald Avenue and Chino Avenue.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES LOCATED WITHIN TRACT MAP NO. 18916 AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND CHINO AVENUE.
That the City Council adopt a Resolution ordering the summary vacation of the right-of-way and public utility easements located within Tract Map No. 20134 in East Eames Street, East CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240402 Vacation 315, 318, 320 & 321^01 EXH 1.pdf
ATTACHMENT:
20240402 Vacation 315, 318, 320, 321^02^RESO^RM
ATTACHMENT:
20240402 Vacation 315, 318, 320 & 321^03 EXH A - H.pdf
5. DESIGN SERVICES AGREEMENTS FOR ON-CALL TRANSPORTATION PLANNING AND
TRAFFIC ENGINEERING DESIGN SERVICES
ATTACHMENT:
02_Contract_Chen Ryan.docx
ATTACHMENT:
02_Contract STC Traffic.docx
ATTACHMENT:
02_Contract Iteris.docx
ATTACHMENT:
02_Contract_ADVANTEC.pdf
ATTACHMENT:
02_Contract_KH.docx
ATTACHMENT:
02_Contract Fehr & Peers.docx
6. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TELCON SERVICES,
LLC FOR THE ONTARIONET BROADBAND INTEGRATION TECHNICAL SERVICE PROJECT
ATTACHMENT:
20240402 Telcon Amendment 1^01^AGR
7. AUTHORIZE THE PURCHASE OF HAZARDOUS MATERIALS RESPONSE TRAINING PROPS
WITH ADVANCED ENTERTAINMENT TECHNOLOGY FOR THE ONTARIO FIRE DEPARTMENT
HAZMAT TEAM
Pollock Street, South Jacobson Avenue, and East Lautner Drive near the southwest corner of Mill Creek Avenue and Chino Avenue and reconveying any of the City's interest therein and authorize the City Manager to execute the documents necessary to evidence the vacation and the reconveyance of the City's interest therein.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF THE RIGHT-OF-WAY AND EASEMENT FOR
PUBLIC UTILITY PURPOSES IN EAST EAMES STREET, EAST POLLOCK STREET, SOUTH
JACOBSON AVENUE, AND EAST LAUTNER DRIVE AND RECONVEYING ANY OF THE CITY'S INTEREST THEREIN.
That the City Council approve three-year Design Services Agreements with six firms to provide On-Call Transportation Planning and Traffic Engineering Design Services in the amount of $200,000 per year for a three-year total not to exceed $600,000 for each firm; and authorize the City Manager, or his designee, to execute said Agreements and future amendments within the authorization limits.
That the City Council approve Amendment No. 1 to the Professional Services Agreement with Telcon Services, LLC of Idaho, for additional broadband design, engineering, project management, and inspection services for the OntarioNet Broadband Integration Technical Service Project and ongoing expansion efforts in the amount of $680,000, plus a contingency in the amount of $180,000, for a revised not-to-exceed total of $2,060,000; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
That the City Council authorize the City Manager or designee to execute the purchase of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Agreement_with_scope_of_services (1).docx
8. AN AMENDMENT TO THE INTERNET SERVICE ORDER WITH CENTURYLINK
COMMUNICATIONS, LLC FOR INTERNET SERVICE UPGRADES
ATTACHMENT:
04022024 Ontario1Gig Existing Services^01^MSA
9. A CHANGE ORDER TO THE CONSTRUCTION AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC. FOR EMERGENCY ON-CALL BOARD UPS AND ABATEMENT
ATTACHMENT:
SLS Property Solutions - Change Order 1.pdf
10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GHD INC. FOR THE DESIGN OF UT1019 WELL 50 TREATMENT FACILITY PROJECT
ATTACHMENT:
Exhibit A.pdf
ATTACHMENT:
20240402 PSA with GHD Amend No. 1
AGRM^01.pdf
11. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH DPIF3 CA 36 ONTARIO RANCH, LLC REGARDING COMMUNITY FACILITIES DISTRICT FORMATION FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-31 AND FEE IN-LIEU Hazardous Materials Response Training Props from Advanced Entertainment Technology, of Monrovia, CA, in the amount of $451,465.
That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Internet Service Order, with CenturyLink Communications, LLC d/b/a Lumen Technologies Group, of Louisiana, to upgrade internet backhaul bandwidth services from 1Gbps to 10Gbps for the OntarioNet network in the amount of $332,559 plus a 15% contingency of $49,884, for a total not-to-exceed contract amount of $382,443, including expenditures of $35,019 within the current term.
That the City Council authorize Change Order No. 1 to the construction agreement with SLS Property Solutions, Inc. of Santa Ana, CA for emergency on-call board ups and abatements, increasing the not-to-exceed amount to $150,000 per fiscal year and the total not-to-exceed amount to $400,000 for the initial term of the agreement; and authorize the City Manager, or his designee, to execute said Agreement and future change orders within the authorization limits.
That the City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to Professional Services Agreement with GHD Inc., of Irvine, California, for professional design services of UT1019 Well No. 50 Treatment Facility Project in the amount of $82,908, plus a 15% contingency of $12,436, for a total amount of $95,344 for a new total not- to-exceed amount of $494,654, and a term from June 7, 2022 to June 6, 2025.
That the City Council consider and:
A
.
Adopt a Resolution Approving an Agreement regarding Community Facilities District Formation for Assessor Parcel Number (LD Parcel 1) 0218-211-31 and Fee In-Lieu (the “Agreement”) between the City of Ontario and DPIF3 CA
36 Ontario Ranch, LLC (the
“Developer”); and
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Approving_In-
Lieu_Agreement_w_DPIF3_CA_36_Ontario_Ranch_LLC_RESO_RM.docx
ATTACHMENT:
Rich Haven Industrial Services In-Lieu Agreement^02 Agreement Fee in-Lieu
12. AN ORDINANCE APPROVING 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.
ATTACHMENT:
PUD23-002 Downtown Lux Apart 02^ORD^RM
ATTACHMENT:
File No. PUD23-002 Downtown Lux Apart^03 PUD.docx
13. AN ORDINANCE APPROVING 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
B
.
Authorize the City Manager or his designee to finalize, execute, and record said Agreement.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING
COMMUNITY FACILITIES DISTRICT FORMATION FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-31 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND DPIF3 CA 36 ONTARIO RANCH, LLC.
That the City Council consider and adopt 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 consider and adopt an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006).
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:
PUD22-006 Watermarke Ontario Mixed Use CC A - PUD
04^ORD^RM.docx
ATTACHMENT:
File No. PUD22-006 Watermarke Ontario Mixed Use CC^05 Ordinance Attachment A - PUD Doc
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