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Minutes

Ontario City Council
December 17, 2024

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Minutes
Meeting
December 17, 2024
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Ontario City Council
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8
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Text extracted from the city's file for reading and search. Open the original on ontarioca.granicus.com. That file is the official record.

388

ONTARIO CITY COUNCILI

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 17, 2024

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, December 17, 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 6:01p.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 Daisy Macias
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
Council Member Macias announced a potential conflict with Item No. 14 and recused herself from the item out of an abundance of caution.

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 noting his request to remove one of the listed items:

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 The item was removed and meeting recessed to Closed Session at 6:03 p.m. for discussion of the following:

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. 389
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OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:37 p.m. for the regular session.

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

INVOCATION
Mayor Leon held a moment of silence in lieu of an invocation.

CLOSED SESSION REPORT
City Attorney Duran reminded members of the public that only one item was considered in closed session and added there was no reportable action.

AGENDA REVIEWIANNOUNCEMENTS
The City Manager made no announcements.

PUBLIC COMMENT
Assistant City Clerk Isbell announced that there were two written comments:

Brad Neumann, regarding his personnel matters.

Jose Elias Parrilla, regarding his personal grievance.

Mayor Leon called upon the first speaker:

Brad Neumann, spoke regarding his personnel grievance.

Esther Schmall, regarding MENSA International.

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 without Item Nos. 9, 11, 12, and 14.

1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council, and Housing Authority, of November 19, 2024 and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills November 15, 2024 through November 27, 2024, in the amount of $28,294,509.96, and Payroll November 3, 2024 through November 16, 2024 in the amount of $7,748,856.64.
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ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

The City Council adopted an Ordinance adopting a Military Equipment Use Policy.

Introduction and first reading took place at a regular meeting on November 19, 2024.

ORDINANCE NO. 3290 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.

4. DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO

AND VECTOR CONTROL DISTRICT
The City Council appointed Mayor Leon to serve as a Board of Trustee on the West Valley Mosquito and Vector Control District for a two-year term.

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
The City Council considered and adopted a Ordinance approving an amendment to Chapter 14, Title 8 of the Ontario Municipal Code establishing alternative building standards for adaptive reuse projects. Introduction and first reading took place at a regular meeting on December 3, 2024.

ORDINANCE NO. 3292 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.

6. AN ORDINANCE AMENDING CHAPTER 3, TITLE 4, OF THE ONTARIO

MUNICIPAL CODE RELATING TO THE CITY'S EMERGENCY ORGANIZATION The City Council adopted an Ordinance amending Chapter 3, Title 4, of the Ontario Municipal Code related to the City's Emergency Organization. Introduction and first reading took place at a regular meeting on December 3, 2024.

ORDINANCE NO. 3293 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. 391
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7. UPDATED LEGISLATIVE PLATFORMS
The Council approved the 2025-2026 State and Federal Legislative Platforms.

8. ACCEPTANCE OF SOLID WASTE INFRASTRUCTURE FOR RECYCLING GRANTS PROGRAM FUNDING FROM THE U.S. ENVIRONMENTAL

PROTECTION AGENCY
The City Council authorized 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.

10. AWARD OF TWO CONSTRUCTION CONTRACTS 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 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 authorized 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. Rejected all bids received for Bid No. 1856 Ontario Ballpark Section 20 - Signage and authorized Staff to solicit new bids for these trades in relation to the Professional Baseball Stadium; 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, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

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 The City Council accepted 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.
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ITEMS PULLED FOR DISCUSSION

9. AUTHORIZE THE PURCHASE AND INSTALLATION OF FURNITURE WITH INFO-COM BUSINESS PRODUCTS FOR FIRE STATION NO. 1
The City Council took the following actions:

A. Authorized 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. Authorized the City Manager, or his designee, to execute all documents to manion oo the 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.

Council Member Wapner asked for clarification regarding the national cooperative. City Attorney Duran provided additional information.

MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, contingent on additional cooperative precedence language added by the City Attorney.

11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH MC ELECTRIC

FOR THE PARKS POLE REPLACEMENT PROJECT
The City Council continued the item.

Council Member Wapner requested a discussion to decide the future of Jay Littleton Ball Park prior to approving construction funds. Mayor pro Tem requested the item be back to Council before the end of February.

MOTION: Moved by Council Member Wapner, seconded by Council Member Macias and carried by a unanimous vote 5-0, to continue the item to February.

12. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH, INC. FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES The City Council authorized 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.

Council Member Wapner noted the importance of having an availability of multiple qualified service providers.
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MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to continue the item to February.

PUBLIC HEARINGS

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.

The City Council and the Ontario Housing Authority Board:

A. Held a Public Hearing to adopt Resolutions approving the Disposition and Development Agreement between the Authority and National Community Renaissance of California; and
B. Approved the Grant Agreement between the City and the Authority, in an amount of $15,000,000.

RESOLUTION NO. 2024-209 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
RESOLUTION OHA-118 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
RESOLUTION OHA-119 A RESOLUTION OF THE ONTARIO HOUSING

AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A

DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ONTARIC

HOUSING AUTHORITY AND NATIONAL COMMUNITY RENAISSANCE OF

CALIFORNIA FOR PROPERTY GENERALLY LOCATED ON EAST HOLT

BOULEVARD EAST OF ALLYN AVENUE
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.
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City Attorney noted Council Member Macias' potential for a conflict of interest and out of an abundance of caution would recuse herself. Council Member Macias recused herself and left the Council Chambers.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Macias recused, to adopt Resolution Nos. 2024-209, OHA-118, and OHA-119.

Council Member Macias returned to the Council Chamber.

ADMINISTRATIVE REPORT/DISCUSSION/ACTION

15. AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-001) BETWEEN THE CITY OF ONTARIO AND

EDENGLEN ONTARIO, LLC
The City Council considered and waived 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.

ORDINANCE NO. 3294 (FIRST READING) 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.

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

MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to introduce Ordinance No. 3294.

STAFF MATTERS
City Manager Ochoa made no announcements.
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COUNCIL MATTERS
Council Member Bowman made no comments.

Council Member Wapner announced the passing of Planning Commissioner Ken Dean and asked for consensus to adjourn in his memory.

Mayor pro Tem Porada thanked Staff for their work on the Holiday Parade.

Mayor Leon noted that the Council takes all District needs into consideration.

Council Member Macias wished everyone Happy Holidays.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:17 p.m., in memory of Kenneth Dean, and announced the next regular meeting scheduled for January 7, 2025.

Respectfully submitted,

SHELAMAZ GMCRSEERETARY
APPROVED:

PAUL S. LEON, MAYORÍCHAIRMAN

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