Minutes — Ontario City Council, October 15, 2024

345

ONTARIO CITY COUNCILI

ONTARIO HOUSING AUTHORITY/

INDUSTRIAL DEVELOPMENT AUTHORITY

MINUTES
OCTOBER 15, 2024

JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority and Industrial Development Authority were held on Tuesday, October 15, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:33 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, and Ruben Valencia ABSENT: Council/Authority Members: Jim W. Bowman (excused) Also present were City Manager / Executive Director Scott Ochoa, 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.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Porada.

INVOCATION
The invocation was led by Rev. Benjamin Barlow, First Christian Church of Ontario.

SPECIAL CEREMONIES
PROCLAMATION OF OCTOBER 20-26, 2024 AS FRIENDS OF LIBRARIES WEEK The City Council proclaimed the week of October 20-26, 2024 as Friends of Libraries Week.
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PROCLAMATION OF OCTOBER 6-12, 2024 AS NATIONAL FIRE PREVENTION WEEK
The City Council proclaimed the week of October 6-12, 2024 as National Fire Prevention Week.

Mayor Leon called a recess at 6:44 p.m. and reconvened at 6:46 p.m.

PUBLIC COMMENT
Assistant City Clerk Isbell announced there were no written comments.

Mayor Leon called upon the first speaker:

David Jaynes, spoke regarding traffic at the intersection of Mountain Avenue.

Nicole Diggs, spoke regarding traffic at the intersection of Mountain Avenue.

Natalie Peterkin, spoke regarding traffic at the intersection of Mountain Avenue.

Sherry Wicks, spoke regarding traffic at the intersection of Mountain Avenue.

Sabrina Demase, spoke regarding traffic at the intersection of Mountain Avenue.

Hope Bilderain, announced the Relay for Life on October 19, 2024.

Cody Neighbors, spoke regarding crime at Mountain Avenue and 4th Street.

Kristina Cotran, announced upcoming Toastmasters' meetings.

Xochitl Baca, spoke on Indigenous People Day.

Brad Neumann, spoke on his personnel matter.

Jesse Fonseca, spoke regarding airplane noise.

AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa announced the updated Exhibits to the Resolution being considered under Agenda Item No. 1. Ihe update retlected any payments received trom property owners up to 9:00am on luesday, October 15, 2024. I he updated materials retlected a revised and reduced amount for assessments totaling $34,913.29 related to 106 parcels, which means that $99,388.76 for 53 parcels was collected, postponed, or settled since the public agenda was prepared.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada, and carried by a unanimous vote 4-0 with Council Member Bowman absent, to approve the Consent Calendar without Item No. 18.

ITEM PULLED: Council Member Valencia pulled Item No. 18 for a separate vote.

There was one written comment from CMD Electric Inc. in opposition of Item No. 14.

1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council and Housing Authority of September 17, 2024 and approving same as on file in the Records Management Department.
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BILLS & PAYROLL
Approved bills September 13, 2024 through September 26, 2024, in the amount of $24,153,642.55, and Payroll August 25, 2024 through September 7, 2024 in the amount of $5,709,428.41.

3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH

INFRASTRUCTURE ENGINEERING CORPORATION, AN ARDURRA GROUP

CORPORATION, FOR THE FOURTH STREET STORM DRAIN PROJECT
The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 18 to the On-Call Design Services Agreement with Infrastructure Engineering Corporation, an Ardurra Group Corporation, of Newport Beach, California, to provide additional engineering design services and construction support for water main improvements for the Fourth Street Storm Drain Project in the amount of $494,235, for a revised not-to-exceed authorization amount of $9,651,703, and extend the contract term to allow for the completion of ongoing projects; and authorize the City Manager, or his designee, to execute said amendment and future amendments within the authorization limits.

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536 GENERALLY

LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO AVENUE AND

EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC PLAN The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20536 generally located west of Archibald Avenue between Chino Avenue and East Riverside Drive within the Countryside Specific Plan.

RESOLUTION NO. 2024-173 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536

GENERALLY LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO

AVENUE AND EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC PLAN.

5. AN AGREEMENT WITH THE CITY OF CHINO FOR OPERATIONS AND

MAINTENANCE OF THE LANDSCAPED MEDIAN ON EUCLID AVENUE
The City Council authorized the City Manager, or his designee, to execute an Agreement with the City of Chino for the shared operations and maintenance of the landscaped median on Euclid Avenue between Riverside Drive and Merrill Avenue. 348
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6. A CONSTRUCTION CONTRACT WITH SULLY-MILLER CONTRACTING COMPANY; A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC.; AND AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ARDURRA GROUP, INC. FOR

THE GROVE AVENUE AND HOLT BOULEVARD STREET AND TRUNK SEWER

IMPROVEMENTS PROJECT
The City Council took the following actions:

A. Awarded a Construction Contract to Sully-Miller Contracting Company of Brea, CA, for the construction of the Grove Avenue at Holt Boulevard Intersection Widening and North Vineyard Avenue Sanitary Sewer Project, in the contract amount of $20,323,888 plus a fifteen percent (15%) contingency of $3,048,584, for a total not-to-exceed authorization amount of $23,372,472; and authorized the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B. Authorized the City Manager, or his designee, to execute a Professional Services Agreement with Stantec Consulting Services Inc. of Irvine, California, for the North Vineyard Avenue Sanitary Sewer Project, for $212,900 plus an additional fifteen percent (15%) contingency of $31,935 for a total not-to-exceed authorization amount of $244,835 for construction engineering services.

C. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with Ardurra Group, Inc. of El Segundo, CA, for the North Vineyard Avenue Sanitary Sewer Project, by $191,148 plus an additional ten percent (10%) contingency of $19,115 for a new total not-to-exceed authorization amount of $4,312,812 for construction management, inspection, and material testing services.

7. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS
The City Council adopted 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.

RESOLUTION NO. 2024-174 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.
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8. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE PROPERTY AT 9155/9381 E. RIVERSIDE DRIVE
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute Change Order No. 1 to the Construction Contract with Resource Environmental, Inc., of Cerritos, California, in the amount of $1,422,409 for a total not-to-exceed contract amount of $3, 163,409; 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.

9. AWARD A CONSTRUCTION CONTRACT TO OPTIMA RPM, INC. FOR THE

WELLNESS CAMPUS PROJECT AND AMENDMENTS TO THE DESIGN

SERVICES AGREEMENT WITH HMC ARCHITECTS FOR THE DESIGN OF THE WELLNESS CAMPUS PROJECT AND TITLE 24 COMMISSIONING SERVICES

FOR THE CITY SERVICES BUILDING PROJECT
The City Council took the following actions:

A. Rejected Spec 7 Con's bid for Bid No. 1846 - D&C24-011 Ontario Motor Inn Renovation as being nonresponsive, and
B. Authorized the City Manager, or his designee, to execute a Construction Contract Bid No. 1846 - D&C24-011 Ontario Motor Inn Renovation with Optima RPM, Inc., of Irvine, California, for the renovation of a City-owned motel for emergency and temporary housing units located at 1522 W. Mission Blvd. in the amount of $4;098,000 and authorize a 20% contingency of $819,600 for a total not-to-exceed contract amount of $4,917,600, and C. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call architectural services for the design of the Wellness Campus Project in the amount of $1,141,485 for a total not-to- exceed contract amount of $9,236,815;
D. Authorized the City Manager, or his designee, to execute Amendment No. 6 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide Title 24 Commissioning Services for the City Services Building Project in the amount of $44,510 for a total not-to-exceed contract amount of $9,281,325; and
E. 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.
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10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GALLAGHER BENEFIT SERVICES INC. FOR SPECIALIZED RECRUITMENT

SUPPORT
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Gallagher Benefit Services Inc., of Berkeley, California, for specialized recruitment services in the amount of $100,000 for a total a not-to-exceed amount of $342,885.

11. PROFESSIONAL DESIGN SERVICES AGREEMENTS FOR ON-CALL

ARCHITECTURAL SERVICES FOR THE ONTARIO MUSEUM OF HISTORY AND ART
The City Council took the following actions:

A. Rejected the protest from MAAM Architects for D&C23-009 Museum On-Call Architect as the selection was based on qualifications, and B. Authorized the City Manager or his designee to complete and execute the following three-year Professional Design Services Agreement for On-Call Architectural Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional one- year periods:

1. Frederick Fisher & Partners, of Los Angeles, California for a total contract amount not-to-exceed $250,000;

2. Architectural Resources Group, of Los Angeles, California for a total contract amount not-to-exceed $150,000; and

3. Page & Turnbull, of Los Angeles, California for a total contract amount not-to-exceed $150,000; and

4. HMC Architects, of Ontario, California for a total contract amount not-to- exceed $150,000; and

5. Smithgroup, of Los Angeles, California for a total contract amount not-to- exceed $150,000; and

6. Johnson Favaro, of Culver City, California for a total contract amount not- to-exceed $150,000; and
C. Authorized 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, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.

12. A CONSTRUCTION CONTRACT WITH PHILBIN CONSTRUCTION COMPANY

FOR MASS GRADING AND AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH SWA GROUP, INC. FOR ONTARIO'S GRAND

PARK PROJECT
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The City Council took the following actions:

A. Authorized the City Manager, or his designee, to complete and execute Construction Contract No. D&C21-005 - Grand Park Phase 1 Rough Grading with Philbin Construction Company, of Laguna Niguel, California, for the mass grading and debris removal at Ontario's Grand Park in the amount of $4,534,000 plus a 20% contingency of $906,800 for a total not-to-exceed contract amount of $5,440,800, and
B. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., of Laguna Beach, California, for additional engineering services in the preparation of the design and construction documents for Ontario's Grand Park Project in the amount of $141,359 for a not-to-exceed amount of $6, 114,355; and C. Authorized 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.

13. A CONSTRUCTION CONTRACT WITH BEST DRILLING AND PUMP, INC. FOR THE DRILLING OF WELL NO. 53 PROJECT, ONTARIO MUNICIPAL UTILITIES COMPANY CONTRACT NO. UT 1063
The City Council approved the plans and specifications and award Contract No.

UT 1063 to Best Drilling and Pump, Inc. of Colton, California, for the Drilling of Well No. 53 Project, in the amount of $1,919,431 plus a 15% contingency of $287,915, for a total not-to-exceed amount of $2,207,346, a term of 100 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

14. AWARD OF 24 CONSTRUCTION CONTRACTS IN CONNECTION WITH THE

CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM,

AWARD A CONSTRUCTION CONTRACT TO BOMEL CONSTRUCTION FOR

THE PROFESSIONAL BASEBALL STADIUM PARKING STRUCTURE,

AUTHORIZE AN AGREEMENT S WITH KIZH NATION RESOURCE

MANAGEMENT FOR EARTHWORK MONITORING FOR THE ONTARIO

SPORTS COMPLEX, APPROVE AN AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH RMA GROUP FOR SPECIAL INSPECTION FOR

THE PROFESSIONAL BASEBALL STADIUM AND SPORTS COMPLEX,

APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH TILDEN-COIL FOR CONSTRUCTION MANAGEMENT OF

THE ONTARIO SPORTS COMPLEX, AND CONSIDER, AND ADOPT A

RESOLUTION FOR THE INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS 352
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The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute 24 Construction Contracts to provide various construction services for Bid No. 1831 - D&C23-011 - Minor League Baseball Stadium in the amount of $131,994,503 and authorized a combined contingency of $19,700,000 for a total not-to- exceed contract amount of $151,694,503,
01 - Concrete, Structural - Gonsalves & Santucci, Inc. dba Conco:
$18,387,000

2. 03 - Masonry & Brick Veneer - Haxton Masonry, Inc.: $5,631,000

3. 05 - Railings - KCB Towers, Inc.: $4,395,560

4. 07 - Roofing - Commercial Roofing Systems, Inc.: $3,099,320

5. 08 - Waterproofing - Best Contracting Services, Inc.: $1,308,000 6 09 - Sheet Metal - Best Contracting Services, Inc.: $5,299,448

7. 10 - Door, Frames, Hardware - Star Hardware, Inc.: $874,900

8. 11- Aluminum & Glazing - Golden State Glazing, Inc.: $3,312,066

9. 12 - Framing, Drywall & Insulation - Caston, Inc.: $7,258,585

10. 13 - Acoustical Ceiling & Treatment - Southcoast Acoustical Interiors, Inc.: $613,250

11. 14 - Finish Flooring - Progressive Surface Solutions, LLC: $1,348,000

12. 16 - Ceramic Tile - Continental Marble & Tile Co.: $1,611,806

13. 17 - Painting & Wall Covering - Magnum Drywall, Inc.: $1,048,000

14. 18 - General Package - Inland Building Construction Companies, Inc.:
$12,355,400

15. 19 - Aquatics - California Commercial Pools, Inc.: $2,548,000

16. 22-Fire Sprinter UP/Developmera and. on. aod. onc. S1,31,0 429,700

18. 23 - Plumbing - Continental Plumbing, Inc.: $8,194,613 24 - Site Utilities - Kerns, Inc.: $3,280,580

20. 25 - HVAC - Westland Mechanical: $7,115,000

21. 26 - Electrical & Low Voltage - Rancho Pacific Electric Construction, Inc.: $25,999,500

22. 27 - Landscape & Irrigation - Brightview Landscape Development, Inc.:
$7,433,570

23. 28 - Fences & Gates - Econo Fence, Inc.: $2,009,205

24. 29 - Asphaltic Paving - Terra Pave, Inc.: $2,127,000, and B. The City Council rejected bid from Brady West, Inc. as non-responsive on Bid No. 1831 -D&C23-011 - Minor League Baseball Stadium in the Ontario Ballpark Section 12 Framing and Drywall and award the bid to the next lowest responsible bidder, and
C. The City Council rejected all bids received for Bid No. 1831 -D&C23-011- Minor League Baseball Stadium in the Ontario Ballpark Sections 02 Site Concrete; 06 Finish Carpentry; 20 Signage and authorize Staff to solicit new bids for these trades in relation to the Professional Baseball Stadium, and D. The City Council rejected the bid protest from CMD Electric for Bid No. 1831 - D&C23-Minor League Baseball Stadium, and
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E. Authorized the City Manager, or his designee, to execute a Construction Contract with Bomel Construction Company, Inc., of Ontario, California, to provide construction services for Bid No. 1829 - D&C23-011B Professional Baseball Stadium Parking Structure in the amount of $31,225,000 and authorized a contingency of $4,700,000 for a total not-to-exceed contract amount of $35,925,000 and waive any and all irregularities and reject any and all protests, including by way of illustration and not by limitation the protest of Swinerton Builders, and
F. Authorized an agreement with Kizh Nation Resources Management to monitor all groundwork to ensure the Native American Cultural Resources are properly mitigated per the approved Environmental Impact Report in the amount of $186,046, and
G. Authorized the City Manager or his designee to execute Amendment No. 1 to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on-call geotechnical consulting, materials testing and special inspection for the Ontario Sports Complex Project in the amount of $2,242,360 for a total not-to-exceed contract amount of $2,442,360, and
H. Authorized the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, for the procurement of long lead electrical gear for the Professional Baseball Stadium and Professional Baseball Stadium Parking Structure, fee adjustment for the mass grading and general conditions of the Professional Baseball Stadium in the amount of $14,066,782 for a total not- to-exceed contract amount of $45,968,259, and

1. Authorized the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Professional Baseball Stadium and Parking Structure, and
J. 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; and
K. Considered and adopted a Resolution making a declaration of intent to issue tax-exempt obligations for the City's public capital improvements.

RESOLUTION NO. 2024-175 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAX- EXEMPT OBLIGATIONS FOR PUBLIC CAPITAL IMPROVEMENTS.

15. A LEASE AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE

INTERNATIONAL AIRPORT AUTHORITY
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The City Council approved a Lease Agreement between the City of Ontario and the Ontario International Airport Authority for the use of the City-owned property located at 1236 East Airport Drive for a five-year term with the option to extend for up to two additional five-year terms.

16. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED PARTS

AND EQUIPMENT FOR CITY FIBER OPTICS NETWORK
The City Council approved a pre-authorized vendor list to provide specialized part and equipment for the construction and maintenance of the City Fiber Optics Network, OntarioNet.

17. A SPECIAL SERVICES AGREEMENT WITH SAN BERNARDINO COUNTY FOR

WIDE AREA NETWORK AND GENERAL INNOVATION AND TECHNOLOGY DEPARTMENT SERVICES.

The City Council authorized the City Manager or his designee to execute a Special Services Agreement with San Bernardino County, with its principal place of business in San Bernardino, California, for Wide Area Network and General Innovation and Technology Department Services for a total contract not-to-exceed amount of $9,969,488.

ITEMS PULLED FOR A SEPARATE VOTE:

18. ADOPTION OF AN ORDINANCE AMENDING SECTION 2-1.203 OF THE

ONTARIO MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR

THE CITY COUNCIL
The City Council adopted an Ordinance amending Section 2-1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and the City Council.

Introduction and first reading took place at a regular meeting on October 1, 2024.

ORDINANCE NO. 3287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-1.203 OF THE ONTARIO

MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR THE CITY

COUNCIL
MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a vote 3-1 with Council Member Bowman absent and Council Member Valencia in opposition, to adopt Ordinance No. 3287.
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PUBLIC HEARINGS

19. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS; ANU

ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE
AGREEMENT BETWEEN • THE ONTARIO INDUSTRIAL DEVELOPMENT

AUTHORITY AND RICHARD FERNANDO BARBA
The Ontario Industrial Development Authority conducted a public hearing to consider he sale of Authority-owned property; and adopt a resolution approving a Purchas and Sale Agreement between the Ontario Industrial Development Authority an Richard Fernando Barba (on file in the Records Management Department); and authorized the Executive Director to execute the Agreement and all other documents required for implementation of the Agreement.

RESOLUTION NO. OIDA-60 A RESOLUTION OF THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, _CALIFORNIA,

APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE ONTARIO

INDUSTRIAL DEVELOPMENT AUTHORITY AND RICHARD FERNANDO BARBA

FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 928 EAST CALIFORNIA STREET, 960 EAST CALIFORNIA STREET, 1042 EAST CALIFORNIA STREET, 807 SOUTH GREENWOOD AVENUE, 814 SOUTH GREENWOOD AVENUE, AND 815 SOUTH GREENWOOD AVENUE, ONTARIO.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. OIDA-60.

20. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY OWNED PROPERTY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52201; MAKING CERTAIN FINDINGS; AND

ADOPTION OF A RESOLUTION APPROVING A PURCHASE AND SALE

AGREEMENT BETWEEN THE ONTARIO INDUSTRIAL DEVELOPMENT

AUTHORITY AND ANADALUSIA DEVELOPMENT COMPANY
The Ontario Industrial Development Authority conducted a public hearing to consider the sale of Authority-owned property; and adopt a resolution approving a Purchase and Sale Agreement between the Ontario Industrial Development Authority and 356
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Andalusia Development Company (on file in the Records Management Department); and authorized the Executive Director to execute the Agreement and all other documents required for implementation of the Agreement.

RESOLUTION NO. OIDA-61 A RESOLUTION OF THE ONTARIO INDUSTRIAL

DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE ONTARIO

INDUSTRIAL DEVELOPMENT AUTHORITY AND ANADALUSIA DEVELOPMENT

COMPANY FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 936 SOUTH GROVE AVENUE, ONTARIO.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. OIDA-61.

21. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NOS. PMTT23-008 AND PDEV23-037
The City Council conducted a public hearing on the appeal and after receiving all public testimony, uphold the Planning Commission's decision to approve Tentative Tract Map No. 20659 (File No. PMTT23-008) and a Development Plan (File No.

PDEV23-037) and deny the appeal.

RESOLUTION NO. 2024-176 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PMTT23-008, FOR TENTATIVE TRACT MAP NO. 20659, SUBDIVIDING 3.1 ACRES OF LAND INTO ONE PARCEL FOR CONDOMINIUM PURPOSES LOCATED AT 1355 WEST 5TH STREET, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL - 2.1 TO 5.0

DU/AC) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1008-551-12.

RESOLUTION NO. 2024-177 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PDEV23-037, A DEVELOPMENT PLAN TO CONSTRUCT 70 MULTIPLE-FAMILY RESIDENTIAL CONDOMINIUM UNITS, INCLUDING 7 MODERATE INCOME AFFORDABLE UNITS ON 3.1 ACRES OF LAND LOCATED AT 1355 WEST 5TH STREET, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL - 2.1 TO 5.0 DU/AC) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1008-551-12. 357
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Notice of public hearing was duly given. Affidavits of compliance are on file. The following submitted written communications in opposition:

Greg Gomez
Allen
Mary Thompson
Cynthia Kerby
Jorge Mogollan
Sergio Canales
Eileen Finlay
Joel Harger
Assistant Director of Community Development Rudy Zeledon provided background on the item.

Mayor Leon recessed the meetings at 7:31 p.m. and reconvened at 7:41 p.m.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

The appellant Greg Gomez provided background regarding his opposition to the item.

Leo Gomez, spoke in opposition.

Steve Ho, spoke in opposition.

Tiffany Onspot, spoke in opposition.

Luis Suarez, spoke in opposition.

Peter Bloomfield, spoke in opposition.

Elizabeth Garcia, spoke in opposition.

Gustavo Valdez, spoke in opposition.

Klara Valdez, spoke in opposition.

Juana Hironaca, spoke in opposition.

Martha Lopez, spoke in opposition.

Joe Estrada, spoke in opposition.

Judy Rodriguez-Jauregui, spoke in opposition.

Joe Solis, spoke in opposition.

The applicant Joe Oftalie spoke in support of the project.

Mr. Gomez was given an opportunity to rebuttal Mr. Oftalie's comments.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.
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MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution Nos. 2024-176 and 2024-177.

22. A RESOLUTION TO ESTABLISH BROADBAND FEES FOR ONTARIONET The City Council adopted a Resolution to adopt a schedule of fees, as well as charges for late or declined payments, including the maximum and minimum rates that OntarioNet may charge customers to access and use OntarioNet's fiber optic network to connect to the Internet and to obtain communications services, upon the recommendation of the City Manager, and to delegate authority to the City Manager to establish rate plans for residential and small business customers, and negotiate contract rates with large commercial customers within those established ranges, and to set all the other terms, conditions and policies applicable to customer access and use of OntarioNet's fiber optic network and related services.

RESOLUTION NO. 2024-178 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING FEES FOR USE OF THE

ONTARIONET FIBER OPTIC NETWORK AND OTHER ASSOCIATED LOCAL GOVERNMENT PROPERTY.

Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution No. 2024-178.

23. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE

ZONING ADMINISTRATOR'S INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS. PDET23-005, PDET23-007, PDET23-008, PDET23-009, PDET23-010, PDET23-015 AND PDET23-016
The City Council conducted a public hearing on the Appeals and after receiving all public testimony, uphold the Planning Commission's decision to uphold Zoning Administrator Decision No's. ZA23-024 (File No. PDET23-005), ZA23-030 (File No.

PDET23-007), ZA23-031 (File No. PDET23-008), ZA23-032 (File No. PDET23-009), ZA23-033 (File No. PDET23-010), ZA23-038 (File No. PDET23-015) and ZA23-039 (File No. PDET23-016) and deny the Appeals.
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RESOLUTION NO. 2024-179 A RESOLUTION OF THE CITY COUNCIL OF THE