CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
APRIL 16, 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 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
Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Federico Diaz, Alpha Omega Ministry
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.
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:
20240319 Meeting Minutes (Not official until approved)
2. BILLS & PAYROLL
3. ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A
RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES; AND
ADOPT A RESOLUTION DECLARING IT NECESSARY TO INCUR BONDED INDEBTEDNESS
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.
Minutes for the regular meetings of the City Council and Housing Authority of March 19, 2024 and approving same as on file in the Records Management Department.
Bills March 15, 2024 through March 28, 2024, and Payroll March 10, 2024 through March 23, 2024.
That the City Council consider and:
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CC 3 CFD No. 65 Falloncrest Resolution of Intention^01^RM.doc
ATTACHMENT:
CFD No. 65 Falloncrest^01A EXH A, Boundary Map.pdf
ATTACHMENT:
CFD No. 65 Falloncrest^01B EXH C, RMA .pdf
ATTACHMENT:
CFD No. 65 Falloncrest Resolution Declaring Necessity^02^RM
4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20530, LOCATED SOUTH OF CHINO AVENUE BETWEEN HAVEN
AVENUE AND MILL CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN
ATTACHMENT:
20240416 TM-20530^01 EX.pdf
ATTACHMENT:
20240416 TM-20530^02^RESO^RM
5. A LEASE AGREEMENT WITH FLETCHER JONES MERCEDES BENZ OF ONTARIO
ATTACHMENT:
MERCEDES BENZ OF ONTARIO - UPGRADE AGREEMENT.pdf
A
.
Accept written petitions (on file with the Records Management Department) from Lennar Homes of California, LLC and KL LHB DSD AIV LLC ("Landowners"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982;
B
.
Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 65 (Falloncrest), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, May 21, 2024; and
C
.
Adopt a Resolution Declaring It Necessary for the City of Ontario Facilities District No. 65 (Falloncrest) to Incur Bonded Indebtedness.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF
INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
DECLARING IT NECESSARY FOR THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST) TO INCUR BONDED INDEBTEDNESS.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20530, located south of Chino Avenue between Haven Avenue and Mill Creek Avenue within the Rich-Haven Specific Plan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20530 LOCATED SOUTH OF CHINO AVENUE BETWEEN HAVEN AVENUE AND MILL CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN.
That the City Council authorize City Manager or his designee to execute a Lease Agreement between the City and Fletcher Jones Mercedes Benz of Ontario ("Fletcher Jones") related to upgrades to their existing LED sign.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Ontario - Fletcher Jones Company LED Sign License and
Reimbursement Agreement.docx
6. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO
COUNTY TAX ROLLS
ATTACHMENT:
Comm Imp Special Assessments for County Tax
Rolls^01^RESO^RM.docx
ATTACHMENT:
Special Assessments^02 - Exhibit A.pdf
ATTACHMENT:
Special Assessments^03 - Exhibit B.pdf
ATTACHMENT:
Special Assessments^04 - Exhibit C.pdf
7. A RESOLUTION OF INTENT TO DESIGNATE PORTIONS OF D STREET, PLUM AVENUE,
CHERRY AVENUE, AND SULTANA AVENUE AS A RESIDENTIAL PERMIT PARKING ZONE FOR
THE BENEFIT OF ADJACENT RESIDENCES
ATTACHMENT:
EXHIBIT A.pdf
ATTACHMENT:
Permit Parking Zone Resolution^RESO^RM
8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC.
FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS COMPLEX
PROJECT AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL CONSTRUCTORS, INC. FOR CONSTRUCTION MANAGEMENT MULTI-PRIME
SERVICES FOR THE ONTARIO SPORTS COMPLEX PROJECT
That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS
ON PROPERTY TAX BILLS FOR CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
That the City Council adopt a Resolution declaring the intent to designate portions of D Street, Plum Avenue, Cherry Avenue, and Sultana Avenue as a residential permit parking zone for the benefit of adjacent residences and to set the date, time, and place for a public hearing to consider the matter.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
PERTAINING TO DESIGNATING PORTIONS OF D STREET, PLUM AVENUE, CHERRY
AVENUE, AND SULTANA AVENUE AS A RESIDENTIAL PERMIT PARKING ZONE AND TO SET THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 6 to the Design CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Amendment No. 6 RJM Design Group, Inc..pdf
ATTACHMENT:
Tilden-Coil Amendment 3 AA3.pdf
9. MAINTENANCE SERVICES AGREEMENTS WITH PRIORITY LANDSCAPE SERVICES, LLC. AND RPW SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN THE ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS AND CITYWIDE WEED ABATEMENT
SERVICES
ATTACHMENT:
Districts PM 2425-02 AGREEMENT.pdf
ATTACHMENT:
City Wide Weed Abatement Services PM 2425-01 Agreement.pdf
10. MAINTENANCE SERVICES AGREEMENTS WITH BRIGHTVIEW LANDSCAPE SERVICES, INC.
AND MERCHANTS LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES
AT THE ONTARIO SOCCER PARK, THE ONTARIO TOWN SQUARE AND VARIOUS CITY PARKS Services Agreement for Contract No. PM 1819-1 with RJM Design Group, Inc., of San Juan Capistrano, California, to provide landscape architectural services for the Ontario Sports Complex Project in the amount of $6,552,590 for a total not-to-exceed contract amount of $7,079,690;
B
.
Authorize the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, to provide Construction Management Multi-Prime Services for the Sports Complex in the amount of $11,691,003 for a total not-to-exceed contract amount of $30,043,947 and extend the term of the contract to October 27, 2028; and C
.
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 a Maintenance Services Agreement for Contract No. PM 2425-02 Ontario Parkway Maintenance Assessment Districts Landscape Maintenance Services with Priority Landscape Services, LLC., of Anaheim, California, for a total contract amount not-to-exceed $2,368,361 for up to five (5) years; and
B
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Contract No. PM 2425-01 Citywide Weed Abatement Services with RPW Services, Inc., of Orange, California, for a total contract amount not-to-exceed $394,680 for up to five (5) years.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Ontario Soccer Park with BrightView Landscape Services, Inc., of Upland, California, for a total contract amount not-to-exceed $1,413,113 for up to five (5) years, and
B
.
Authorize the City Manager or his designee to execute a Maintenance Services CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Various Parks Agreement.pdf
ATTACHMENT:
Ontario Town Square Agreement.pdf
ATTACHMENT:
Ontario Soccer Park Agreement.pdf
11. MAINTENANCE SERVICES AGREEMENTS WITH GREENTECH LANDSCAPE, INC. AND MERCHANTS LANDSCAPE SERVICES, INC. FOR LANDSCAPE MAINTENANCE SERVICES IN
THE NORTHEAST, NORTHWEST, SOUTHEAST, AND SOUTHWEST QUADRANTS OF ONTARIO RANCH
ATTACHMENT:
Agreement - Ontario Ranch North East PM 2324-05.pdf
ATTACHMENT:
Agreement - Ontario Ranch South West PM 2324-08.pdf
ATTACHMENT:
Agreement - Ontario Ranch North West PM 2324-06.pdf
ATTACHMENT:
Agreement - Ontario Ranch South East PM 2324-07.pdf
12. AN AMENDMENT TO THE AGREEMENT WITH GRANICUS, LLC., TO ADD SPANISH CAPTIONS Agreement for Ontario Town Square with BrightView Landscape Services, Inc., of Upland, California, for a total contract amount not-to-exceed $558,147 for up to five (5) years; and
C
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Various City Parks with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $4,108,498 for up to five (5) years.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Northeast Quadrant of Ontario Ranch Landscape Maintenance Services with Greentech Landscape Inc., of Whittier, California, for a total contract amount not-to- exceed $2,315,439 for up to five (5) years, and
B
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Northwest Quadrant of Ontario Ranch Landscape Maintenance Services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $427,492 for up to five (5) years, and C
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Southeast Quadrant of Ontario Ranch Landscape Maintenance Services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $1,546,460 for up to five (5) years; and D
.
Authorize the City Manager or his designee to execute a Maintenance Services Agreement for Southwest Quadrant of Ontario Ranch Landscape Maintenance Services with Merchants Landscape Services, Inc., of Rancho Cucamonga, California, for a total contract amount not-to-exceed $1,491,488 for up to five (5) years.
That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Software as a Services Agreement with Granicus, LLC., of St. Paul, Minnesota, for Spanish captioning services, in the amount of $10,501 for a total not-to-exceed contract amount of $346,981.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Amendment 1 - Granicus - closed captioning.pdf
13. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE GROVE AVENUE SPECIFIC PLAN, FILE NO PSPA22-007, FOR PROPERTY LOCATED AT 2042 S. GROVE AVENUE (APN:
1050-491-11)
ATTACHMENT:
20240416 File No. PSPA22-007^01 PC Back-up.pdf
ATTACHMENT:
20240416 File No. PSPA22-007 02 ADDENDUM^RESO^RM
ATTACHMENT:
20240416 File No. PSPA22-007^03 Attachment A - Addendum.pdf
ATTACHMENT:
20240416 File No. PSPA22-007^04 SPA^RESO^RM
ATTACHMENT:
Attachment A Grove Ave SP - Land Use Map 2024
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.
That the City Council consider and adopt:
A
.
A Resolution approving an addendum to The Ontario Plan (TOP) 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the City of Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002; and B
.
A Resolution approving an amendment to the Grove Avenue Specific Plan (File No.
PSPA22-007), to change the land use designation on 4.20 acres of land, from Office/Commercial to Business Park for property located at 2042 S. Grove Avenue.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE ONTARIO PLAN (TOP) 2050 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2021070364), CERTIFIED BY THE ONTARIO CITY COUNCIL ON AUGUST 16, 2022, PURSUANT TO
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO PSPA22-007.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-007, AN AMENDMENT TO THE GROVE AVENUE SPECIFIC PLAN TO CHANGE THE LAND USE DESIGNATION OF 4.20 ACRES OF LAND FROM OFFICE/COMMERCIAL TO BUSINESS PARK FOR PROPERTY LOCATED AT 2042 S. GROVE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1050- 491-11.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem 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