CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
MAY 21, 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:
20240507 Proclamation of The Ontario Museum of History & Art as an Accredited Museum^01^PROC.docx
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
SPECIAL CEREMONIES
PROCLAMATION OF THE ONTARIO MUSEUM OF HISTORY & ART AS AN ACCREDITED MUSEUM That the City Council proclaim the Ontario Museum of History & Art as an accredited museum.
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
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:
20240416 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. 71 (NEUHOUSE PHASE 2) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES;
AND ADOPT A RESOLUTION DECLARING IT NECESSARY TO INCUR BONDED INDEBTEDNESS
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 April 16, 2024, and approving same as on file in the Records Management Department.
Bills April 19, 2024 through May 2, 2024, and Payroll April 7, 2024 through April 20, 2024.
That the City Council consider and:
A
.
Accept written petitions (on file with the Records Management Department) from LS- ONTARIO II LLC, AG EHC II (LSEA) CA 2, L.P., and Landsea Homes of California LLC ("Landowners"), to
create a Community Facilities District, and to waive certain procedural CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD No. 71 Neuhouse Phase 2 RESO of Intention 01 RESO RM
ATTACHMENT:
CFD No. 71 Neuhouse Phase 2^01A Map, EXH A
ATTACHMENT:
CFD No. 71 Neuhouse Phase 2^01B RMA, EXH C
ATTACHMENT:
CFD No. 71 Neuhouse Phase 2 02 RESO to Incur Bonded
Indebtedness^02^RESO^RM
4. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR RAILROAD
PURPOSES
ATTACHMENT:
20240521 Summary Vacation^01 Exhibit 1.pdf
ATTACHMENT:
20240521 Summary Vacation 02^RESO^RM
ATTACHMENT:
20240521 Summary Vacation^03 Exhibits A and B.pdf
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20599 LOCATED AT THE NORTHWEST AND NORTHEAST
CORNERS OF DUESENBERG DRIVE AND CONCOURS STREET
matters, under the Mello-Roos Community Facilities Act of 1982; B
.
Adopt a Resolution of Intention to establish a Community Facilities District proposed to be named City of Ontario Community Facilities District No. 71 (Neuhouse Phase 2) and to authorize the levy of a special tax therein; and set a public hearing for the formation of the Community Facilities District as part of the regularly scheduled City Council meeting on Tuesday, July 2, 2024; and
C
.
Adopt a Resolution Declaring it Necessary for City of Ontario Community Facilities District No. 71 (Neuhouse Phase 2) 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. 71 (NEUHOUSE PHASE 2) 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. 71 (NEUHOUSE PHASE 2) TO INCUR BONDED INDEBTEDNESS.
That the City Council adopt a Resolution ordering the summary vacation of an easement for railroad purposes located east of Cucamonga Avenue and north of Francis Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF AN EASEMENT FOR RAILROAD PURPOSES LOCATED EAST OF CUCAMONGA AVENUE AND NORTH OF FRANCIS STREET.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20599 located at the northwest and northeast corners of Duesenberg Drive and Concours Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20599 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20240521 TM-20599^01 Exhibit A.pdf
ATTACHMENT:
20240521 TM-20599 02^RESO^RM.docx
ATTACHMENT:
20240521 TM-20599^03 SIA.pdf
6. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL PROJECT
MANAGEMENT SERVICES, AND AN AMENDMENT TO A DESIGN SERVICES AGREEMENT FOR
THE SULTANA AVENUE STORM DRAIN, STREET, AND SEWER IMPROVEMENT PROJECTS
ATTACHMENT:
02-IEC_ Amendment No. 2.pdf
ATTACHMENT:
02 - AKM Amendment No. 7.pdf
7. A QUITCLAIM DEED WITH LENNAR HOMES OF CALIFORNIA, LLC FOR LOT A AND LOT C OF FINAL PARCEL MAP NO. 19787
ATTACHMENT:
20240521 Quitclaim V-316^01 EXH A.pdf
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COMMUNICATIONS & MEDIA MANAGEMENT CONSULTANTS, INC. FOR CITYWIDE MARKETING,
COMMUNICATIONS, MITIGATION AND PUBLIC RELATIONS CONSULTING SERVICES
LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF DUESENBERG DRIVE AND CONCOURS STREET.
That the City Council take the following actions:
A
.
Approve Amendment No. 7 to the Professional Services Agreement with AKM Consulting Engineers of Irvine, California, to provide construction management and inspection services for the Sultana Avenue Storm Drain, Street, and Sewer Improvement Projects in the amount of $353,850 for a revised not-to-exceed total of $1,026,549.44; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
B
.
Approve Amendment No. 2 to the Design Services Agreement for the Sultana Avenue Storm Drain and Street Improvements Project with Infrastructure Engineering Corporation of Poway, California, to provide additional utility coordination, sewer improvement plan implementation, and construction support in the amount of $201,600 for a revised not-to-exceed total of $1,014,205; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
That the City Council a
uthorize the City Manager or his designee to execute a Quitclaim Deed to Lennar Homes of California, LLC, for fee title ownership transfer of Lot A and Lot C of Parcel Map 19787.
That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with Communications & Media Management Consultants, Inc. (CMMC), of Santa Clarita, California, for the provision of citywide marketing, communications, mitigation, and public relations consulting services, in the amount of $120,000, for a total not-to-exceed contract amount of $190,000, and to extend the term 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:
CMMC - Amendment No. 1.doc
9. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH HP COMMUNICATIONS, INC.
FOR ON-CALL FIBER CONDUIT AND CABLE INSTALLATION
ATTACHMENT:
20240521 HP Communications - Change Order No. 1 AGMT^01.pdf
ATTACHMENT:
20240521 Exhibit A^02.pdf
ATTACHMENT:
20240521 Contract Recap Worksheet^03.pdf
10. A PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP FOR THE PREPARATION OF
DESIGN AND CONSTRUCTION DOCUMENTS FOR THE GRAND PARK PROJECT
ATTACHMENT:
SWA Professional Services Agreement - The Grand Park 1.pdf
11. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND
INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES
That the City Council authorize Change Order No.1 to Construction Contract No. BB-2022-001 with HP Communications, Inc. of Corona, California, for on-call citywide fiber conduit installation services, in the amount of $274,071 for a revised total of $8,274,071; and authorize the City Manager, or his designee, to execute said Contract and future amendments within the authorization limits.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute a Professional Services Agreement with SWA Group, of Laguna Beach, California, for the preparation of the design and construction documents for the Grand Park Project for a total not-to-exceed contract amount of $5,972,996; 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 agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
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
ATTACHMENT:
CFD 65 Falloncrest 01 Resolution of Formation^01^RESO^RM
ATTACHMENT:
CFD 65 Falloncrest^01A RMA EXH B.pdf
ATTACHMENT:
CFD 65 Falloncrest 02 Resolution Deeming Necessity to Incur Bonded Indebtedness^02^RESO^RM
ATTACHMENT:
CFD 65 Falloncrest 03 Resolution Calling Election^03^RESO^RM That the City Council consider take the following actions:
A
.
Adopt a Resolution of Formation of Community Facilities District No. 65 (Falloncrest), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B
.
Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 65 (Falloncrest); C
.
Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 65 (Falloncrest);
D
.
Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E
.
Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 65 (Falloncrest); and F
.
Adopt a Resolution authorizing the execution and delivery of an acquisition and funding agreem
ent with Lennar Homes of California, LLC, a California limited liability company.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST), PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE
AUTHORIZED TO LEVY A SPECIAL TAX AND PROPOSING THAT AN APPRPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
DEEMING IT NECESSARY FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST) TO INCUR BONDED INDEBTEDNESS ).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, LLC.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD 65 Falloncrest 04 Resolution Declaring Election^04^RESO^RM
ATTACHMENT:
CFD 65 Falloncrest 05 Ordinance^05^ORD^RM
ATTACHMENT:
CFD 65 Falloncrest 06 Resolution Authorizing the Acquisition Agreement^06^RESO^RM
ATTACHMENT:
CFD 65 Falloncrest^07 Concurrence of Election Official.docx
12. A PUBLIC HEARNG TO CONSIDER AN URGENCY ORDINANCE
TO IMPLEMENT MULTIPLE-
FAMILY RESIDENTIAL AND MIXED-USE RESIDENTIAL OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, FILE NO. PDCA24-001
ATTACHMENT:
20240521 File No. PDCA 24-001 Urgency Ordinance 01^ORD^RM
ATTACHMENT:
20240521 File No. PDCA 24-001 ^02 ODDS Ordinance Attachement A - ODDS Document.docx
13. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR THE
ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 301 NORTH EUCLID AVENUE FOR THE GRANADA THEATER
REVITALIZATION PROJECT
ATTACHMENT:
301 North Euclid Resolution 01^RESO^RM
ATTACHMENT:
301 North Euclid Resolution Exhibt A^02.pdf
ATTACHMENT:
301 North Euclid Staff Report Exhibit 1^03.pdf
That the City Council adopt an Urgency Ordinance amending the reference document section of the City's Development Code, to implement Objective Development and Design Standards for multiple-family and mixed-use residential development.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-001 AMENDING THE REFERENCE DOCUMENT SECTION OF THE CITY’S DEVELOPMENT CODE, TO IMPLEMENT OBJECTIVE DEVELOMENT AND DESIGN STANDARDS FOR MULTIPLE-FAMILY AND MIXED-USE DEVELOPMENT.
That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at 301 North Euclid Avenue, more particularly described as Assessor Parcel No. 1048-566-07 ("Property"), is necessary for the rehabilitation of the Historic Granada Theater.
A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 301 NORTH EUCLID AVENUE, IN ONTARIO, SAN BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS APN: 1048-566-07, FOR PUBLIC PURPOSE.
STAFF MATTERS
City Manager Ochoa
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
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