CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
DECEMBER 17, 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 DAISY MACIAS 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.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20241217 Closed Session.docx
ACCOMMODATIONS
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, Macias, 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 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76; 2350-2630 East Inland Empire Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: IKEA Property Inc; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Mayor pro Tem Porada
INVOCATION
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
Bishop Scott Costello, Church of Jesus Christ of Latter-Day Saints
REPORT ON CLOSED SESSION
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.
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.
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:
20241119 Meeting Minutes (Not Official Until Approved)
2. BILLS & PAYROLL
3. ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.
ATTACHMENT:
AB 481 Ordinance 01^ORD^RM
ATTACHMENT:
Policy 708 Military Equipment.pdf
ATTACHMENT:
OPD 481 DRAFT 2024.pdf
4. DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO AND VECTOR
CONTROL DISTRICT
5. 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
ATTACHMENT:
20241217 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
6. AN ORDINANCE AMENDING CHAPTER 3, TITLE 4, OF THE ONTARIO MUNICIPAL CODE Minutes for the regular meetings of the City Council and Housing Authority of November 19, 2024, and approving same as on file in the Records Management Department.
Bills November 15, 2024 through November 27, 2024, and Payroll November 3, 2024 through November 16, 2024.
That the City Council adopt an Ordinance adopting a Military Equipment Use Policy.
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.
That the City Council appoint Mayor Leon to serve as a Board of Trustee on the West Valley Mosquito and Vector Control District for a two-year term.
That the City Council consider and adopt 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, AMENDING CHAPTER 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 8-14.04, ALTERNATIVE BUILDING STANDARDS FOR ADAPTIVE REUSE PROJECTS, AND MAKING FINDINGS IN SUPPORT THEREOF.
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
7. UPDATED LEGISLATIVE PLATFORMS
ATTACHMENT:
2025-2026 State Leg Platform.docx
ATTACHMENT:
2025-26 Federal Platform.docx
8. ACCEPTANCE OF SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANTS PROGRAM FUNDING FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ATTACHMENT:
4Z-98T89101-0
City of Ontario - SWIFR Save our Seas - Award.pdf
9. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM BUSINESS PRODUCTS FOR FIRE STATION NO. 1
ATTACHMENT:
Indiana Furniture Omnia Contract.pdf
ATTACHMENT:
Info-Com- Goods & Services Agreement.pdf
10. AWARD OF TWO CONSTRUCTION CONTRACTS IN CONNECTION WITH THE
CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM That the City Council adopt 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.
That the Council approve the 2025-2026 State and Federal Legislative Platforms.
That the City Council Authorize the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $3,571,064 from the U.S.
Environmental Protection Agency (EPA) for the Solid Waste Infrastructure for Recycling (SWIFR) Grants Program.
That the City Council take the following actions:
A
.
Authorize a cooperative purchase agreement for D&C21-001 New Fire Station No. 1 with Margaret C. Pett, Inc. DBA Info-Com Business Products (Info-Com), of Altadena, California, for the purchase and installation of furniture in the amount of $358,372, consistent with the terms and conditions of the National Cooperative Purchasing Alliance Contract Number 07-97; 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, reduction of retention accounts, contracts amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
That the City Council take the following actions:
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
KZ Cabinet Co- Construction Contract.pdf
ATTACHMENT:
Bogh Construction- Construction Contract.pdf
11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS
POLE REPLACEMENT PROJECT
ATTACHMENT:
MC Electric- Change Order No. 2 Proposal.pdf
ATTACHMENT:
MC Electric- Change Order No. 2.pdf
12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC.
FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES
ATTACHMENT:
Transtech Engineers, Inc.- Amendment No. 5.pdf
13. AB1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2024, AND SB165 LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR ENDED JUNE 30, 2024
ATTACHMENT:
SB165 Report Fiscal Year Ending June 30,2024.pdf
A
.
Authorize the City Manager or his designee to execute two (2) Construction Contracts to provide various construction services for Bid No. 1856 - D&C23-011 – Professional Baseball Stadium in the amount of $11,758,970 and authorize a combined contingency of $1,175,897 for a total not-to-exceed contract amount of $12,934,867, 1 .
02 – Concrete: Site – Bogh Construction LLC.: $5,178,000 2 .
06 – Finish Carpentry – K&Z Cabinet Co., Inc.: $6,580,970, and B
.
Reject all bids received for Bid No. 1856 Ontario Ballpark Section 20 - Signage and authorize Staff to solicit new bids for these trades in relation to the Professional Baseball Stadium; and
C
.
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 authorize the City Manager, or his designee, to authorize Change Order No. 2 to the Construction Contract with MC Electric, of Chino, California, in the amount of $77,944 for a total not-to-exceed contract amount of $1,093,586 for the Parks Pole Replacement Project.
That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the on-call Professional Services Agreement with Transtech, Inc. (Transtech), of Chino, California, to provide the bridging document preparation and Construction Management for the D-Block Parking Structure in the amount of $1,361,750 for total not-to-exceed contract amount of $4,019,500.
That the City Council accept the City of Ontario’s AB1600 Development Impact Fee (DIF) Annual Report (unaudited) for Fiscal Year Ended June 30, 2024, and the City of Ontario's SB165 Local Agency Special Tax and Bond Accountability Report (unaudited) for Fiscal Year Ended June 30, 2024.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
AB1600 Year Ending June 30,2024.pdf
14. A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A HOUSING DEVELOPMENT LOCATED ON HOLT BOULEVARD EAST OF ALLYN AVENUE; AND A GRANT
AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE ONTARIO HOUSING AUTHORITY IN THE AMOUNT OF $15,000,000.
ATTACHMENT:
DDA with NCRC Holt_Allyn Multifamily Housing Project - Substantial Draft 11-14-2024.docx
ATTACHMENT:
CITY-GRANT AGREEMENT TO OHA 02^RESO^RM.docx
ATTACHMENT:
Grant Agreement - In-Lieu Fees- City of Ontario to OHA - Holt_Allyn Multifamily Housing Project-c1.docx
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 ("City") and the Ontario Housing Authority Board ("Authority"):
A
.
Hold a Public Hearing to adopt Resolutions approving the Disposition and Development Agreement ("Agreement") (on file with the Records Management Department) between the Authority and National Community Renaissance of California ("Developer"); and B
.
Approve the Grant Agreement ("Grant Agreement") (on file with the Records Management Department) between the City and the Authority, in an amount of $15,000,000.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THAT CERTAIN CITY GRANT AGREEMENT [HOLT/ALLYN MULTIFAMILY HOUSING PROJECT]
CONCERNING THE GRANT OF AFFORDABILITY IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING
AUTHORITY FOR THE HOLT/ALLYN MULTIFAMILY HOUSING PROJECT
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THAT CERTAIN CITY GRANT AGREEMENT [HOLT/ALLYN MULTIFAMILY HOUSING PROJECT] CONCERNING THE GRANT OF AFFORDABILITY IN-LIEU FEE FUNDS TO THE
ONTARIO HOUSING AUTHORITY FOR THE HOLT/ALLYN MULTIFAMILY HOUSING PROJECT
A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,
CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE
ONTARIO HOUSING AUTHORITY AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA
FOR PROPERTY GENERALLY LOCATED ON EAST HOLT BOULEVARD EAST OF ALLYN AVENUE CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
OHA - Resolution for NCRC - Holt Allyn DDA 04^RESO^RM
ATTACHMENT:
OHA - GRANT AGREEMENT TO OHA 05^RESO^RM
15. AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-001) BETWEEN THE CITY OF ONTARIO AND EDENGLEN ONTARIO, LLC
ATTACHMENT:
File No. PDA05-001 Edenglen Ontario LLC ^01 EXH A.docx
ATTACHMENT:
File No. PDA05-001 Edenglen Ontario LLC 02^ORD^RM
ATTACHMENT:
File No. PDA05-001 Edenglen Ontario LLC^03^DEV AGR.docx
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council consider and waive further reading of an Ordinance approving a Third Amendment to the Development Agreement (File No. PDA05-001) between the City of Ontario and Edenglen Ontario, LLC.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT, FILE NO. PDA05-001, BETWEEN
THE CITY OF ONTARIO AND EDENGLEN ONTARIO, LLC, TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT ASSOCIATED WITH TRACT MAP NO'S 17392, 17558, 17559, 17560, 17561, 17562, 17563, 17564, 18789, 18790,18791, AND 20524, GENERALLY LOCATED NORTH
OF CHINO AVENUE, SOUTH OF RIVERSIDE DRIVE, EAST OF MILL CREEK AVENUE, AND WEST OF THE SCE UTILITY CORRIDOR, WITHIN PLANNING AREAS 1 THROUGH 8 OF THE EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - ; APN: 0218-171-15; 0218-921- 07, 08, 16, 19, 22, AND 30; 0218-931-01 THROUGH 25; 218-931-75 THROUGH 89; 0218-932-01 THROUGH 21; 0218-933-01 THROUGH 17; 0218-934-01 THROUGH 24; 0218-935-01- THROUGH 04; 0218-935-12 THROUGH 19; 0218-935-22 THROUGH 38; 0218-941-01 THROUGH 39; 0218- 941-55 THROUGH 93; 0218-951-01 THROUGH 70; 0218-952-19 THROUGH 82; 0218-954-01 THROUGH 42; 0218-955-01 THROUGH 42; 0218-956-01 THROUGH 58; 0218-961-07 THROUGH
88. 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