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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 19, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 19, 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 6:32 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, 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 Council Member Wapner.
INVOCATION
The invocation was led by Senior Pastor Thomas, Ontario Seventh-Day Adventist Church.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there was one written comment:
Brad Neumann, regarding his personnel matters.
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Mayor Leon called upon the first speaker:
Karen Haughey, representative of San Bernardino County Board of Supervisors, Curt Hagman, announced upcoming events.
Brandy Rodriguez, spoke regarding her personal grievance.
Brad Neumann, spoke regarding his personnel grievance.
AGENDA REVIEW/ANNOUNCEMENTS
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented.
Public Comment
Tommy Mushigan, spoke regarding Item No. 9, stating people should take better care of trash containers.
1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council, Housing Authority, and Ontario Industrial Development of October 15, 2024 and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills October 25, 2024 through October 31, 2024, in the amount of $15,506,912.33, and Payroll October 6, 2024 through October 19, 2024 in the amount of $6,039,974.73.
3. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.
The City Council:
A. Adopted a Resolution approving an Agreement regarding Community Facilities District No. 52 (Sundance Park) for Assessor Parcel Number (LD Parcel 1) 0218-211-01-0000 and Fee In-Lieu (the "Agreement") between the City of Ontario and BrookCal Ontario, LLC (the "Developer"); and B. Authorized the City Manager, or his designee, to finalize, execute, and record said Agreement.
RESOLUTION NO. 2024-196 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF AN AGREEMENT REGARDING ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC.
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4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS
CENTER SERVICES)
The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services). Introduction and first reading took place at a regular meeting on November 5, 2024.
ORDINANCE NO. 3288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).
5. PURCHASE OF FLEET VEHICLES
The City Council took the following actions:
A. Authorized the sole source purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $183,630 plus a 10% contingency of $18,363 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $201,993 from Citrus Motors, of Ontario, California, and
B. Authorized the sole source purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $147,519 plus a 10% contingency of $14,752 to mitigate any unforeseen • issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $162,271 from Citrus Motors, of Ontario, California; and
C. Authorized the sole source purchase and delivery of one (1) Kovatch Mobile Equipment (KME) Custom Tractor Drawn Rescue in • the amount of $2,757,113, plus a 10% contingency of $275,711 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $3,032,824 from Fire Apparatus Solutions, of Rialto, California.
6. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT AND PICNIC
SHELTERS WITH INNOVATIVE PLAYGROUNDS COMPANY FOR THE DE
ANZA PARK IMPROVEMENTS PROJECT
The City Council took the following actions:
A. Authorized the cooperative purchase of playground equipment for the De Anza Park Improvements Project in the amount of $913,554 plus a 10% contingency of $91,355 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $1,004,909 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR; 373
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and
B. Authorized the cooperative purchase of picnic shelters for the De Anza Park Improvements Project in the amount of $659,061 plus a 10% contingency of $65,906 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $724,967 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521- BUR.
7. DESIGN SERVICES AGREEMENTS FOR ON-CALL ARCHITECTURAL SPACE
PLANNING AND ENGINEERING DESIGN SERVICES
The City Council authorized the City Manager, or his designee, to execute the following three-year Design Services Agreements for on-call Architectural, Space Planning, and Engineering Design 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:
A. HMC Architects, of Ontario, California, for a total contract amount not-to- exceed $200,000;
B. Holt Architecture, of Palm Desert, California, for a total contract amount not- to-exceed $200,000;
C. IDS Group, Inc., of Irvine, California, for a total contract amount not-to-exceed $200,000;
D. Hammel, Green and Abrahamson, Inc., of Santa Monica, California, for a total contract amount not-to-exceed $200,000; and
E. Robert Borders & Associates, of Costa Mesa, California, for a total contract amount not-to-exceed $200,000.
8. CONSTRUCTION CONTRACTS FOR THE SPORTS COMPLEX OFFSITE
UTILITIES PROJECT AND THE SEWER IMPROVEMENT AT VINEYARD
PROJECT IN CONNECTION WITH THE CONSTRUCTION OF THE ONTARIO
PROFESSIONAL BASEBALL STADIUM
The City Council took the following actions:
A. Authorized the City Manager or his designee to award Contract No.
D&C23-025 Sports Complex Offsite Utilities Project to Griffith Company, of Brea, California, for the construction of the Offsite Utilities for the Sports Complex, in the amount of $90,584,000 plus a 15% contingency of $13,587,600, for a total not-to-exceed contract amount of $104,171,600, and B. Authorized the City Manager or his designee to award Contract No.
D&C23-025 Sports Complex Sewer Improvement at Vineyard Avenue Project to Weka, Inc., of San Bernardino, California, for the construction of the Offsite Vineyard Sewer for the Sports Complex, in the amount of $27,972,383 plus a 15% contingency of $4, 195,857, for a total not-to-exceed contract amount of $32, 168,240, and
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C. Authorized the City Manager or his designee to execute Amendment No. 2 to the on-call Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide on-call Design Services for the Ontario Sports Complex Project in the amount of $72,780 for a total not-to-exceed contract amount of $2,457,212; and
D. 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. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR ROLL-OFF CONTAINERS AND PARTS The City Council authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for the purchase of roll-off containers and parts for a total contract amount not-to-exceed $2,000,000 for up to five (5) years.
PUBLIC HEARINGS
10. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NO. PDEV22-017
The City Council conducted a public hearing on the appeal and after receiving public testimony, upholding the Planning Commission's decision to approve the Development Plan (File No. PDEV22-017) and deny the appeal.
RESOLUTION NO. 2024-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CERTIFY THE 5355 EAST AIRPORT
DRIVE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO 2022090006) FOR A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL)
ZONING DISTRICT, AND ADOPT ENVIRONMENTAL FINDINGS PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0238-052-29 AND 0238-052-20.
RESOLUTION NO. 2024-198 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. PDEV22-017, A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST
AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0238-052-29 AND 0238-052-20. 375
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Notice of public hearing was duly given. Affidavits of compliance are on file. There was one written communication from Californians Allied for Responsible Economy in support of the appeal.
Mayor leo. Exeedie Dibir or Condini Development Ride rested pranking, background information.
The appellant, Aden Marshall presented his case.
The following individuals spoke in support of the appellant:
Amy Smith
Bill Steiner
Cynthia Chavez
Louis Lopez
Mad Dog (Robert)
The applicant, Tyson Chave presented his case.
The following individuals spoke in support of the applicant:
Tracy Zinn
Jorge Zavala
Andrew Mayorge
The appellant was then given time to provide his rebuttal. Hearing no one else wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to deny the appeal and adopt Resolution Nos. 2024-197 and 2024-198.
11. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND CLARIFYING CERTAIN PROVISIONS
OF THE CITY OF ONTARIO DEVELOPMENT CODE
The City Council introduced and waived further reading of an Ordinance Approving File No. PDCA24-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), 8.0 (Sign Regulations), and 9.0 (Definitions and Glossary) of the City of Ontario Development Code.
ORDINANCE NO. 3289 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-003, A
DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), 8.0 (SIGN REGULATIONS), AND 9.0 (DEFINITIONS AND GLOSSARY) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. 376
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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 Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to introduce Ordinance No. 3289.
12. A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF
ONTARIO AND OTC LOT A OWNER, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
The City Council considered and adopted a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to OTC Lot A Owner, LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
RESOLUTION NO. 2024-199 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE LOAN AGREEMENT
BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER, LLC AND EXECUTION THEREOF; ACCEPTING THE ECONOMIC DEVELOPMENT
SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE
SECTION 53083; FINDING THAT SUCH LOAN AGREEMENT APPROVAL IS
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(4) AND DIRECTING STAFF
TO ISSUE A NOTICE OF EXEMPTION
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 Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-199.
13. A PUBLIC HEARING TO CONSIDER THE SALE OF CITY OF ONTARIO 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 CITY OF
ONTARIO AND RICHARD FERNANDO BARBA
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The City of Ontario conducted a public hearing to consider the sale of City-owned property; and adopted a Resolution approving a Purchase and Sale Agreement ("Agreement) between the City of Ontario ("City") and Richard Fernando Barba (Developer") (on file in the Records Management Department); and authorized the City Manager to execute the Agreement and all other documents required for implementation of the Agreement.
RESOLUTION NO. 2024-200 A RESOLUTION OF THE CITY OF ONTARIO, OF
THE CITY OF ONTARIO, CALIFORNIA, APPROVING A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF ONTARIO AND RICHARD FERNANDO
BARBA FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 910 EAST CALIFORNIA STREET AND 808 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 Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-200.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
14. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY
EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.
The City Council introduced and waived further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.
ORDINANCE NO. 3290 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE §$ 7070, ET. SEQ.
MOTION: Moved by Council Member Valencia, seconded by Council Member Wapner and carried by a unanimous vote 5-0 with, adopt introduce Ordinance No. 3290.
15. AN ORDINANCE AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL
CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND
SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR
STANDARDS
The City Council introduced an Ordinance amending Section 3-1.112 to Title 3 of the Ontario Municipal Code relating to requirements of contractors and subcontractors to enhance compliance with local labor standards.
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ORDINANCE NO. 3291 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL CODE RELAȚING TO LICENSE
REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.
MOTION: Moved by Council Member Valencia, seconded by Council Member Bowman and carried by a unanimous vote 5-0 with, introduce Ordinance No. 3291.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Council Member Valencia had no comments.
Council Member Bowman had no comments.
Council Member Wapner had no comments.
Mayor pro Tem Porada had no comments.
Mayor Leon had no comments.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:29 p.m. and announced the next regular meeting was scheduled for December 3, 2024.
Respectfully submitted,
SHE ANUR SECRARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN