CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
DECEMBER
3, 2024
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA 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.
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.
ACCOMMODATIONS
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20241203 Closed Session.docx
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
6:00 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
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 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 Ruben Valencia v. City of Ontario, Case No. CIVSB2302751
GC 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One Case
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Pastor Richard Hernandez, The Church of God Ontario
REPORT ON CLOSED SESSION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. CANVASS OF GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024
ATTACHMENT:
20241203 Resolution Certifying and Declaring Election Results - Nov. 5 2024 General Municipal Election
City Attorney
PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 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.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
...ELECTION ITEM
That the City Council adopt a resolution of the City Council of the City of Ontario, California, reciting the facts of the General Municipal Election held on November 5, 2024, and declaring the results thereof and such other matters as provided by law.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
SPECIAL CEREMONIES
OATHS OF OFFICE
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
2. APPROVAL OF MINUTES
ATTACHMENT:
20241105 Meeting Minutes (Not Official Until Approved).docx
3. BILLS & PAYROLL
4. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND THE UPDATED
INVESTMENT POLICY
ATTACHMENT:
20241203 Investment Policy (2024)^EXHIBIT A.docx
ATTACHMENT:
20241203 Updating Authorized Deputy City Treasurers - Local Agency Investment Fund 02^RESO^RM.docx
ATTACHMENT:
20241203 Updating Authorized Deputy City Treasurers - City Funds 03^RESO^RM.docx
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.
Minutes for the regular meetings of the City Council and Housing Authority of November 5, 2024, and approving same as on file in the Records Management Department.
Bills November 1, 2024 through November 14, 2024, and Payroll October 20, 2024 through November 2, 2024.
That the City Council adopt Resolutions rescinding Resolution Nos. 2023-158 and 2023-159; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario's Investment Policy.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR
THE INVESTMENT OF INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2023-158.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2023-159.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV22-027 GENERALLY LOCATED AT THE
NORTHWEST CORNER OF EUCLID AVENUE AND WALNUT STREET
ATTACHMENT:
20241203
PDEV22-027^01 EX.pdf
ATTACHMENT:
20241203 PDEV22-027 02^RESO^RM.docx
6. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE ACTIVE TRANSPORTATION PROGRAM CYCLE 5 FOR THE VINE AVENUE AND B STREET BIKE
BOULEVARD PROJECT
ATTACHMENT:
01 - ATP5_Onyx_Contract.pdf
ATTACHMENT:
02 - Project Location Map.pdf
7. A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR THE TRANSFORMATIVE
CLIMATE COMMUNITIES GRANT ACTIVE TRANSPORTATION PROJECTS A & B That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV22-027, generally located at the northwest corner of Euclid Avenue and Walnut Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.
PDEV22-027 GENERALLY LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND
WALNUT STREET
That the City Council take the following actions:
A
.
Award a Construction Contract with Onyx Paving Company, Inc. of Anaheim, California, for the Active Transportation Program (ATP) Cycle 5 for the Vine Avenue and B Street Bike Boulevard Project in the amount of $6,963,000 plus a 10% contingency of $696,300 for a total not-to-exceed contract amount of $7,659,300 (on file with the Records Management Department); 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, 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
.
Award a Construction Contract with All American Asphalt, of Corona, California, for the Transformative Climate Communities (TCC) Grant Active Transportation Projects A & B in the amount of $9,678,888 and authorize a 10% contingency of $967,889 for a total not- to-exceed contract amount of $10,646,777
(on file with the Records Management
Department)
; 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, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
02-TCC A & B - Project Location Map.pdf
8. INLAND EMPIRE UTILITIES AGENCY REGIONAL WATER USE EFFICIENCY FLEX / CORE
PROGRAM FUNDING
9. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND CLARIFYING
CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE
ATTACHMENT:
20241203 PDCA24-003 DCA 1 02^ORD^RM
ATTACHMENT:
20241119 PDCA24-003 DCA #1^03 ORD Attachment A.pdf
10. AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH FLYMOTION, LLC.
ATTACHMENT:
Flymotion Quote_0001.pdf
11. 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
completion at the conclusion of all construction related activities.
That the City Council
authorize the City Manager
, or his designee,
to
execute
program
documents related to the
Inland Empire Utilities Agency (IEUA) Water Use Efficiency (WUE) Flex
and Core
funds
from FY 2024-25 thru FY 2028-29 and accept an
aggregate
total of up to
$
1,
500
,000
.
That the City Council consider and adopt 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.
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.
That the City Council authorize the City Manager or his designee to execute a Sole Source purchase of Specialized Police Equipment through Flymotion, LLC, with its principal place of business in Tampa, Florida, for an amount not to exceed $284,922.
That the City Council adopt 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.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 3-1.112 TO TITLE 3 OF THE MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Contractor Transparency ORD^RM
12. A PUBLIC HEARING TO CONSIDER TWO MILLS ACT CONTRACTS (PRESERVATION AGREEMENTS), FILE NOS. PHP24-003 AND PHP24-008, FOR TWO LOCAL DESIGNATED
HISTORIC PROPERTIES
ATTACHMENT:
20241203 Mills Act File Nos. PHP24-003 PHP24-008 ^00 PC Back-up.pdf
ATTACHMENT:
20241203 Mills Act PHP24-003 314 W H St 01^RESO^RM
ATTACHMENT:
20241203 Mills Act PHP24-003 314 W H St^02 AGMT.docx
ATTACHMENT:
20241203 Mills Act PHP24-008 208 E El Morado Ct 03^RESO^RM
ATTACHMENT:
20241203 Mills Act PHP24-008 208 E El Morado Ct^04 AGMT.docx
13. A PUBLIC HEARING TO CONSIDER AN ORDINANCE ADOPTING AN AMENDMENT TO CHAPTER 14, TITLE 8 OF THE ONTARIO MUNICIPAL CODE TITLED HISTORIC BUILDING
CODE, EXISTING BUILDING CODE AND REFERENCED STANDARDS ESTABLISHING SECTION 8-14.04 ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS
OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.
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.
That the City Council consider and adopt a Resolution approving and authorizing the City Manager or designee to enter into Mills Act Contracts (Preservation Agreement), for the local designated historic properties
located at:
A
.
File No. PHP24-003 - 314 West H Street (APN: 1048-262-25); submitted by Kali Rose Heitholt and Christopher Ordaz
B
.
File No. PHP24-008 - 208 East El Morado Court (APN: 1048-243-02); submitted by Daniel Gillis
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP24-003, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC
PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH KALI ROSE HEITHOLT AND CHRISTOPHER ORDAZ, FOR THE PROPERTY LOCATED AT 314 WEST H STREET (APN: 1048- 262-25).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP24-008, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC
PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH DANIEL GILLIS, FOR THE PROPERTY LOCATED AT 208 EAST EL MORADO COURT (APN: 1048-243-02).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
ARO BUILDING CODE ADOPTION 01^ORD^RM
ATTACHMENT:
ARO Techincal Manual-Oct 3 2024 Final Draft Exhibit A.pdf
ATTACHMENT:
AM&M Requests Ontario_Oct Final Draft.docx
14. A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTIONS OF NECESSITY FOR THE
ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1514 WEST MISSION BOULEVARD AND 1530 WEST BOULEVARD
ATTACHMENT:
1514 AND 1530 Mission Blvd Staff Report Exhibit 1^01.pdf
ATTACHMENT:
1514 W Mission C of C 02^RESO^RM
ATTACHMENT:
1514 W Mission C of C Exhibit to Reso^03.pdf
ATTACHMENT:
1530 W Mission C of C 04^RESO^RM
ATTACHMENT:
1530 W Mission C of C Exhibit to Reso^05pdf
15. CONSIDERATION TO AMEND CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL CODE That the City Council introduce and waive further reading of the Ordinance Approving an amendment to Chapter 14, Title 8 of the Ontario Municipal Code establishing alternative building standards for adaptive reuse projects.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING AN AMENDMENT TO CHAPTER 14, TITLE 8 OF THE ONTARIO MUNICIPAL CODE TITLED HISTORIC
BUILDING CODE, EXISTING BUILDING CODE AND REFERENCED STANDARDS ESTABLISHING SECTION 8-14.04 ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS.
That the City Council conduct a public hearing and adopt Resolutions of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 1514 West Mission Boulevard and 1530 West Mission Boulevard, more particularly described as Assessor Parcel No.'s 1011-221-13 and 1011-221-15 (the Property), is necessary for the City of Ontario's Continuum of Care Campus Project (the Project).
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 1514 WEST MISSION BOULEVARD IN THE CITY OF ONTARIO, COUNTY
OF SAN BERNARDINO, CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 1011-221-13, FOR THE ONTARIO CONTINUUM OF CARE CAMPUS PROJECT, IN ONTARIO, CALIFORNIA.
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 1530 MISSION BOULEVARD IN THE CITY OF ONTARIO, COUNTY OF SAN
BERNARDINO, CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBER 1011-221-15, RESPECTIVELY, FOR THE ONTARIO CONTINUUM OF CARE CAMPUS PROJECT, IN ONTARIO, CALIFORNIA.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
RELATING TO THE CITY'S EMERGENCY ORGANIZATION
ATTACHMENT:
Muni Code ORD^RM
That the City Council introduce and waive further reading of an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City' s Emergency Organization.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 3 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE RELATING TO EMERGENCY ORGANIZATION.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Porada
Council Member Wapner
Council Member Bowman
Council Member Macias
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov