379
ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
DECEMBER 3, 2024
JOINT MEETINGS
he regular meetings of the Ontario City Council and Housing Authority were held or uesday, December 3, 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 6:04 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, and Jim W. Bowman ABSENT: Council/Authority Members: Ruben Valencia
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.
CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:05 p.m. for discussion of the following:
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
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session. 380
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
The invocation was led by Pastor Richard Hernandez, The Church of God Ontario.
CLOSED SESSION REPORT
City Attorney Duran announced there was no reportable action.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager made no announcements.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
1. CANVASS OF GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024 The City Council adopted 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.
RESOLUTION NO. 2024-201 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.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Valencia absent, to adopt Resolution No. 2024-201.
Mayor Leon adjourned the meetings in sine die at 6:36 p.m. and opened a new meeting at 6:36 p.m.
SPECIAL CEREMONIES
City Clerk Mautz administered the oath of office to the newly elected City Council Member Macias, City Council Member Porada, and City Treasurer Milhiser.
Mayor Leon recessed the meetings at 6:51 p.m. and reconvened at 7:01 p.m.
CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented. 381
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2. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council, and Housing Authority, of November 5, 2024 and approving same as on file in the Records Management Department.
3. BILLS & PAYROLL
Approved bills November 1, 2024 through November 14, 2024, in the amount of $59,516,245.60, and Payroll October 20, 2024 through November 2, 2024 in the amount of $5,716,805.50.
4. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND
THE UPDATED INVESTMENT POLICY
The City Council adopted 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.
RESOLUTION NO. 2024-202 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.
RESOLUTION NO. 2024-203 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.
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
The City Council adopted 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.
RESOLUTION NO. 2024-204 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.
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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
The City Council took the following actions:
A. Awarded 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; 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.
7. A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR THE
TRANSFORMATIVE CLIMATE COMMUNITIES GRANT ACTIVE
TRANSPORTATION PROJECTS A & B
The City Council took the following actions:
A. Awarded 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; 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.
INLAND EMPIRE UTILITIES AGENCY REGIONAL WATER USE EFFICIENCY
FLEX / CORE PROGRAM FUNDING
The City Council authorized 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.
9. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING
AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO
DEVELOPMENT CODE
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The City Council considered and adopted 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. First reading and introduction took place at a regular meeting on November 19, 2024.
ORDINANCE NO. 3289 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.
10. AUTHORIZE THE PURCHASE OF SPECIALIZED POLICE EQUIPMENT WITH FLYMOTION, LLC.
The City Council authorized 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.
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
The City Council adopted 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. First reading and introduction took place at a regular meeting on November 19, 2024.
ORDINANCE NO. 3291 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 OF
CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR STANDARDS.
PUBLIC HEARINGS
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
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The City Council considered and adopted 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
RESOLUTION NO. 2024-205 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).
RESOLUTION NO. 2024-206 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).
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 wishing to speak, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, adopt Resolution Nos. 2024-205 and 2024-206.
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
The City Council introduced and waived 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.
ORDINANCE NO. 3292 (FIRST READING) 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.
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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 Wapner seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3292.
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
The City Council conducted a public hearing and adopted 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).
RESOLUTION NO. 2024-207 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.
RESOLUTION NO. 2024-208 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.
Notice of public hearing was duly given. Affidavits of compliance are on file. There was one written communication from Charles S. Krolikowski in opposition.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.
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Assistant City Attorney Guillermo Frias provided a presentation regarding the property in question.
Greg Tross spoke in opposition.
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 Mayor pro Tem Porada and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-207 and 2024-208.
ADMINISTRATIVE REPORT/DISCUSSION/ACTION
15. CONSIDERATION TO AMEND CHAPTER 3, TITLE 4, OF THE ONTARIO
MUNICIPAL CODE RELATING TO THE CITY'S EMERGENCY ORGANIZATION The City Council introduced and waived further reading of an ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City's Emergency Organization.
ORDINANCE NO. 3293 (FIRST READING) 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.
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 5-0, to introduce Ordinance No. 3293.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there was one written comment:
Brad Neumann, regarding his personnel matters.
Mayor Leon called upon the first speaker:
Stephanie, requested support for a local toy drive.
Aaron Mathiesen, spoke regarding Ontario Eastern Little League and improvements being made to Latimer Field
Matthew Guerrero, announced the City's upcoming Document Shredding event.
Tommy Mushegan, spoke regarding campaign statements.
Brad Neumann, spoke regarding his personnel grievance.
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STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Council Member Bowman congratulated the newly elected and incumbents on their successful election.
Council Member Wapner had no comments.
Mayor pro TemPorada noted that the City Council is inclusive of all Districts.
Mayor Leon congratulated Council on their elections.
Council Member Macias stated she looks forward to working with residents.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:38 p.m. and announced the next regular meeting was scheduled for December 17, 2024.
Respectfully submitted,
SheekeN aut
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN