345  ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITYI INDUSTRIAL DEVELOPMENT AUTHORITY  MINUTES OCTOBER 15, 2024  JOINT MEETINGS  The regular meetings of the Ontario City Council, Housing Authority and Industrial Development. Authority were held on Tuesday, October 15, 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 6:33 p.m.  ROLL CALL  PRESENT: Mayor/Chairman:  Paul S. Leon Debra Porada  Mayor pro Tem/Vice Chair: CouncilAuthority Members:  Alan D. Wapner, and Ruben Valencia Jim W. Bowman (excused)  ABSENT: CouncilAuthority Members:  Also present were City Manager I Executive Director Scott Ochoa, City Attorney/Lega  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 Mayor pro Tem Porada.  INVOCATION  The invocation was led by Rev. Benjamin Barlow, First Christian Church of Ontario.  SPECIAL CEREMONIES  PROCLAMATION OF OCTOBER 20-26, 2024 AS FRIENDS OF LIBRARIES WEEK The City Council proclaimed the week of October 20-26, 2024 as Friends of Libraries  Week.    346  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes - October 15, 2024  Page 2of17  PROCLAMATION OF OCTOBER 6-12, 2024 AS NATIONAL FIRE PREVENTION The City Council proclaimed the week of October 6-12, 2024 as National Fire Prevention  WEEK Week.  Mayor Leon called a recess at 6:44 p.m. and reconvened at 6:46 p.m.  PUBLIC COMMENT  Assistant City Clerk Isbell announced there were no written comments. David Jaynes, spoke regarding traffic at the intersection of Mountain Avenue. Nicole Diggs, spoke regarding traffic at the intersection of Mountain. Avenue. Natalie Peterkin, spoke regarding traffic at the intersection of Mountain Avenue. Sherry Wicks, spoke regarding traffic at the intersection of Mountain Avenue. Sabrina Demase, spoke regarding traffic at the intersection of Mountain Avenue. Hope Bilderain, announced the Relay for Life on October 19, 2024. Cody Neighbors, spoke regarding crime at Mountain Avenue and 4th Street. Kristina Cotran, announced upcoming Toastmasters' meetings. Xochit! Baca, spoke on Indigenous People Day. Brad Neumann, spoke on his personnel matter. Jesse Fonseca, spoke regarding airplane noise. AGENDA REVIEW/ANNOUNCEMENTS  Mayor Leon called upon the first speaker:  City Manager Ochoa announced the updated Exhibits to the Resolution being considered under Agenda Item No. 7. The update reflected any payments received from property owners up to 9:00am on Tuesday, October 15, 2024. The updated materials reflected a revised and reduced amount for assessments totaling $34,913.29 related to 106 parcels, which means that $99,388.76 for 53 parcels was collected, postponed, or settled since MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada, and carried by a unanimous vote 4-0 with Council Member Bowman absent, to approve the ITEM PULLED: Council Member Valencia pulled Item No. 18 for a separate vote. There was one written comment from CMD Electric Inc. in opposition of Item No. 14.  the public agenda was prepared.  Consent Calendar without Item No. 18.  1. APPROVAL OF MINUTES  Approved minutes for the regular meeting of the City Council and Housing Authority of September 17, 2024 and approving same as on file in the Records Management  Department.    347  Ontario City Council/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October15,2024  Page 3 of17  2. BILLS & PAYROLL  Approved bills September 13, 2024 through September 26, 2024, in the amount of $24,153,642.55, and Payroll August 25, 2024 through September 7, 2024 in the 3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH NFRASTRUCTURE ENGINEERING CORPORATION, AN ARDURRA GROUP CORPORATION, FOR THE FOURTH STREET STORM DRAIN PROJECT The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 18 to the On-Call Design Services Agreement with Infrastructure Engineering Corporation, an Ardurra Group Corporation, of Newport Beach, California, to provide additional engineering design services and construction support for water main improvements for the Fourth Street Storm Drain Project in the amount of $494,235, for a revised not-to-exceed authorization amount of $9,651,703, and extend the contract term to allow for the completion of ongoing projects; and authorize the City Manager, or his designee, to execute said amendment and future amendments within the authorization limits. 4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536 GENERALLY LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO AVENUE AND EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC PLAN The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20536 generally located west of Archibald Avenue between Chino Avenue and East Riverside Drive within the RESOLUTION NO. 2024-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20536 GENERALLY LOCATED WEST OF ARCHIBALD AVENUE BETWEEN CHINO AVENUE AND EAST RIVERSIDE DRIVE WITHIN THE COUNTRYSIDE SPECIFIC 5. AN AGREEMENT WITH THE CITY OF CHINO FOR OPERATIONS AND MAINTENANCE OF THE LANDSCAPED MEDIAN ON EUCLID AVENUE The City Council authorized the City Manager, or his designee, to execute an Agreement with the City of Chino for the shared operations and maintenance of the landscaped median on Euclid Avenue between Riverside Drive and Merrill Avenue.  amount of $5,709,428.41.  Countryside Specific Plan.  PLAN.    348  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- October: 15, 2024  Page 4of17  6. A - CONSTRUCTION CONTRACT WITH SULLY-MILLER CONTRACTING COMPANY; A PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC.; AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITHARDURRA GROUP, INC. FOR THE GROVE AVENUE AND HOLT BOULEVARD STREET AND TRUNK SEWER  IMPROVEMENTS PROJECT  The City Council took the following actions:  A. Awarded a Construction Contract to Sully-Miller Contracting Company of Brea, CA, for the construction of the Grove Avenue at Holt Boulevard Intersection Widening and North Vineyard Avenue Sanitary Sewer Project, in the contract amount of $20,323,888 plus a fifteen percent (15%) contingency of$ $3,048,584, for a total not-to-exceed authorization amount of $23,372,472; and authorized the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all construction activities B. Authorized the City Manager, or his designee, to execute a Professional Services Agreement with Stantec Consulting Services Inc. of Irvine, California, for the North Vineyard Avenue Sanitary Sewer Project, for $212,900 plus an additional fifteen percent (15%) contingency of $31,935 for a total not-to-exceed authorization amount of $244,835 for construction C.A Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Professional Services Agreement with Ardurra Group, Inc. of EI Segundo, CA, for the North Vineyard Avenue Sanitary Sewer Project, by $191,148 plus an additional ten percent (10%) contingency of $19,115 for a new total not-to-exceed authorization amount of $4,312,812 for construction  related to the project.  engineering services.  management, inspection, and material testing services.  7. ARESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN  BERNARDINO COUNTY TAX ROLLS  The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and RESOLUTION NO. 2024-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR CIVIL PENALTIES ORRECOVERY OF COSTS INCURREDFORABATEMENTOF  placing assessments on the San Bernardino County Tax Rolls.  VIOLATIONS OF CITY CODES AND ORDINANCES.    349  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October: 15, 2024  Page! 5 of17  8. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE EMERGENCY DEMOLITION OF THE  PROPERTY AT 9155/9381 E. RIVERSIDE DRIVE The City Council took the following actions:  A. Authorized the City Manager, or his designee, to execute Change Order No. 1t tot the Construction Contract with Resource Environmental, Inc., of Cerritos, California, in the amount of $1,422,409 for a total not-to-exceed contract B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts and filing a notice of completion at the conclusion of all construction  amount of$ $3,163,409; and  related activities.  9. AWARD A CONSTRUCTION CONTRACT TO OPTIMA RPM, INC. FOR THE WELLNESS CAMPUS PROJECT AND AMENDMENTS TO THE DESIGN SERVICES AGREEMENT WITH HMC ARCHITECTS FOR THE DESIGN OF THE WELLNESS CAMPUS PROJECT AND TITLE 24 COMMISSIONING SERVICES  FOR THE CITY SERVICES BUILDING PROJECT The City Council took the following actions:  A. Rejected Spec 7 Con's bid for Bid No. 1846- D&C24-011 Ontario Motor Inn B. Authorized the City Manager, or his designee, to execute a Construction Contract Bid No. 1846 - D&C24-011 Ontario Motor Inn Renovation with Optima RPM, Inc., of Irvine, California, for the renovation of a City-owned motel for emergency and temporary housing units located at 1522' W. Mission Blvd. in the amount of $4,098,000 and authorize a 20% contingency of $819,600 for a total not-to-exceed contract amount of $4,917,600, and C. Authorized the City Manager, or his designee, to execute Amendment No. 5 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide on-call architectural services for the design of the Wellness Campus Project in the amount of $1,141,485 for a total not-to- D. Authorized the City Manager, or his designee, to execute Amendment No. 6 to the Design Services Agreement with HMC Architects, of Ontario, California, to provide Title 24 Commissioning Services for the City Services Building Project in the amount of $44,510 for a total not-to-exceed contract E. 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  Renovation as being nonresponsive, and  exceed contract amount of $9,236,815;  amount of $9,281,325; and  related activities.    350  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes = October 15, 2024  Page 6of17  10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH GALLAGHER BENEFIT SERVICES INC. FOR SPECIALIZED RECRUITMENT The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Gallagher Benefit Services Inc., of Berkeley, California, for specialized recruitment services in the amount of $100,000 for a total a not-to-exceed amount of $342,885. 11. PROFESSIONAL DESIGN SERVICES AGREEMENTS FOR ON-CALL ARCHITECTURAL SERVICES FOR THE ONTARIO MUSEUM OF HISTORY AND  SUPPORT  ART  The City Council took the following actions:  A. Rejected the protest from MAAM Architects for D&C23-009 Museum On-Call B. Authorized the City Manager or his designee to complete and execute the following three-year Professional Design Services Agreement for On-Call Architectural 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- 1. Frederick Fisher & Partners, ofL Los Angeles, California for a total contract 2. Architectural Resources Group, of Los Angeles, California for a total 3. Page & Turnbull, of Los Angeles, California for a total contract amount 4. HMC Architects, of Ontario, California for a total contract amount not-to- 5. Smithgroup, of Los Angeles, California for a total contract amount not-to- 6. Johnson Favaro, of Culver City, California for a total contract amount not- C.A Authorized 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.  Architect as the selection was based on qualifications, and  year periods:  amount not-to-exceed $250,000;  contract amount not-to-exceed $150,000; and  not-to-exceed $150,000; and exceed $150,000; and exceed $150,000; and to-exceed $150,000; and  12. A CONSTRUCTION CONTRACT WITH PHILBIN CONSTRUCTION COMPANY FOR MASS GRADING AND AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP, INC. FOR ONTARIO'S GRAND  PARK PROJECT    351  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October 15, 2024  Page 7 of17  The City Council took the following actions:  A. Authorized the City Manager, or his designee, to complete and execute Construction Contract No. D&C21-005- - Grand Park Phase 1 Rough Grading with Philbin Construction Company, of Laguna Niguel, California, for the mass grading and debris removal at Ontario's Grand Park in the amount of $4,534,000 plus a 20% contingency of $906,800 for a total not-to-exceed B. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with SWA Group, Inc., of Laguna Beach, California, for additional engineering services int the preparation ofthe design and construction documents for Ontario's Grand Park Project in the amount of $141,359 for a not-to-exceed amount of $6,114,355; 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 agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all  contract amount of $5,440,800, and  construction related activities.  13. A CONSTRUCTION CONTRACT WITH BEST DRILLING AND PUMP, INC. FOR THE DRILLING OF WELL NO. 53 PROJECT, ONTARIO MUNICIPAL UTILITIES The City Council approved the plans and specifications and award Contract No. UT 1063 to Best Drilling and Pump, Inc. of Colton, California, for the Drilling of Well No. 53 Project, in the amount of $1,919,431 plus a 15% contingency of $287,915, for a total not-to-exceed amount of $2,207,346, a term of 100 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, to execute said contract and file a notice of completion at the conclusion of all 14. AWARD OF 24 CONSTRUCTION CONTRACTS IN CONNECTION WITH THE CONSTRUCTION OF THE ONTARIO PROFESSIONAL BASEBALL STADIUM, AWARD A CONSTRUCTION CONTRACT TO BOMEL CONSTRUCTION FOR THE PROFESSIONAL BASEBALL STADIUM PARKING STRUCTURE, AUTHORIZE AN AGREEMENT WITH, KIZH NATION RESOURCE MANAGEMENT FOR EARTHWORK MONITORING FOR THE ONTARIO SPORTS COMPLEX, APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RMA GROUP FOR SPECIAL INSPECTION FOR THE PROFESSIONAL BASEBALL STADIUM AND SPORTS COMPLEX, APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TILDEN-COIL FOR CONSTRUCTION MANAGEMENT OF THE ONTARIO SPORTS COMPLEX, AND CONSIDER, AND ADOPT A RESOLUTION FOR THE INTENT TO ISSUE TAX-EXEMPT OBLIGATIONS  COMPANY CONTRACT NO. UT 1063  construction activities related to the project.    352  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes - October 15, 2024  Page 8of17  The City Council took the following actions:  A. Authorized the City Manager, or his designee, to execute 24 Construction Contracts to provide various construction services for Bid No. 1831 - D&C23-011- -N MinorLeague Baseball Stadium ini the amount of$131,994,503 and authorized a combined contingency of $19,700,000 for a total not-to- 1. 01 - Concrete, Structural - Gonsalves & Santucci, Inc. dba Conco: 2. 03-M Masonry & Brick Veneer - Haxton Masonry, Inc.: $5,631,000 4. 07- - Roofing - Commercial Roofing Systems, Inc.: $3,099,320 5. 08 -Waterproofing - Best Contracting Services, Inc.: $1,308,000 6. 09-S Sheet Metal - Best Contracting Services, Inc.: $5,299,448 7. 10-Door, Frames, Hardware - Star Hardware, Inc.: $874,900 8. 11-Aluminum & Glazing - Golden State Glazing, Inc.: $3,312,066 9. 12-Framing, Drywall & Insulation - Caston, Inc.: $7,258,585 10. 13-A Acoustical Ceiling & Treatment - Southcoast Acoustical Interiors, 11. 14-F Finish Flooring - Progressive Surface Solutions, LLC: $1,348,000 12. 16- Ceramic Tile = Continental Marble & Tile Co.: $1,611,806 13. 17. - Painting & Wall Covering - Magnum Drywall, Inc.: $1,048,000 14. 18 - General Package = Inland Building Construction Companies, Inc.: 15. 19 - Aquatics - California Commercial Pools, Inc.: $2,548,000 16. 21-Food Service Equipment- - Kamran and Company, LLC:$ $5,429,700 17. 22-Fire Sprinkler - JPI Development Group, Inc.: $1,315,000 18. 23-F Plumbing - Continental Plumbing, Inc.: $8,194,613 19. 24- Site Utilities - Kerns, Inc.: $3,280,580 20. 25-H HVAC- Westland Mechanical: $7,115,000  exceed contract amount of $151,694,503,  $18,387,000  3. 05-R Railings KCB Towers, Inc.: $4,395,560  Inc.: $613,250  $12,355,400  21. 26 - Electrical & Low Voltage = Rancho Pacific Electric Construction, 22. 27-Landscape & Irrigation - Brightview Landscape Development, Inc.:  Inc.: $25,999,500 $7,433,570  23. 28-Fences & Gates - Econo Fence, Inc.: $2,009,205 24. 29-A Asphaltic Paving - Terra Pave, Inc.: $2,127,000, and B. The City Council rejected bid from Brady' West, Inc. as non-responsive on Bid No. 1831 D&C23-011 - Minor League Baseball Stadium in the Ontario Ballpark Section 12 Framing and Drywall and award the bid to the next lowest C. The City Council rejected all bids received for Bid No. 1831 -D&C23-011 - Minor League Baseball Stadium in the Ontario Ballpark Sections 02 Site Concrete; 06 Finish Carpentry; 20 Signage and authorize Staff to solicit new bids for these trades in relation to the Professional Baseball Stadium, and D. The City Council rejected the bid protest from CMD Electric for Bid No. 1831  responsible bidder, and  - D&C23-Minor League Baseball Stadium, and    353  Ontario City Council/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- October 15, 2024  Page 9 of17  E. Authorized the City Manager, or his designee, to execute a Construction Contract with Bomel Construction Company, Inc., of Ontario, California, to provide construction services for Bid No. 1829 -[ D&C23-011B Professional Baseball Stadium Parking Structure in the amount of $31,225,000 and authorized a contingency of $4,700,000 for a total not-to-exceed contract amount of $35,925,000 and waive any and all irregularities and reject anyand all protests, including by way of illustration and not by limitation the protest of F.A Authorized an agreement with Kizh Nation Resources Management to monitor all groundwork toensure the Native American Cultural Resources are properly mitigated per the approved Environmental Impact Report in the G. Authorized the City Manager or his designee to execute Amendment No. 1to the Professional Services Agreement with RMA Group, of Rancho Cucamonga, California, to provide on-call geotechnical consulting, materials testing and special inspection for the Ontario Sports Complex Project in the amount of $2,242,360 for a total not-to-exceed contract amount of H. Authorized the City Manager or his designee to execute Amendment No. 5to the Professional Services Agreement with Tilden-Coil Constructors, Inc., of Riverside, California, for the procurement of long lead electrical gear for the Professional Baseball Stadium and Professional Baseball Stadium Parking Structure, fee adjustment for the mass grading and general conditions of the Professional Baseball Stadium in the amount of $14,066,782 for a total not- Authorized the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction oft the Professional Baseball Stadium and Parking J. 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 ofcompletion ati the conclusion of all construction K. Considered and adopted a Resolution making a declaration of intent to issue tax-exempt obligations for the City's public capital improvements. RESOLUTION NO. 2024-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAX- EXEMPT OBLIGATIONS FOR PUBLIC CAPITAL IMPROVEMENTS. 15. A LEASE AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE  Swinerton Builders, and  amount of $186,046, and  $2,442,360, and  to-exceed contract amount of $45,968,259, and  Structure, and  related activities; and  INTERNATIONAL AIRPORT AUTHORITY    354  Ontario City Council/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes - October15,2024  Page 10of17  The City Council approved a Lease Agreement between the City of Ontario and the Ontario International Airport Authority for the use oft the City-owned property located at 1236 East Airport Drive for a five-year term with the option to extend for up to two 16. PRE-AUTHORIZED LIST OF VENDORS TO PROVIDE SPECIALIZED PARTS  additional five-year terms.  AND EQUIPMENT FOR CITY FIBER OPTICS NETWORK  The City Council approved a pre-authorized vendor list to provide specialized parts and equipment for the construction and maintenance of the City Fiber Optics 17. A SPECIAL SERVICES AGREEMENT WITH SAN BERNARDINO COUNTY FOR WIDE AREA NETWORK AND GENERAL INNOVATION AND TECHNOLOGY The City Council authorized the City Manager or his designee to execute a Special Services Agreement with San Bernardino County, with its principal place of business in San Bernardino, California, for Wide Area Network and General Innovation and Technology Department Services for a total contract not-to-exceed amount of  Network, OntarioNet.  DEPARTMENT SERVICES.  $9,969,488.  ITEMS PULLED FOR A SEPARATE VOTE:  18. ADOPTION OF AN ORDINANCE AMENDING SECTION 2-1.203 OF THE ONTARIO MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR The City Council adopted an Ordinance amending Section 2-1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and the City Council. Introduction and first reading took place at a regular meeting on October 1, 2024. ORDINANCE NO. 3287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-1.203 OF THE ONTARIO MUNICIPAL CODE RELATING TO SALARY COMPENSATION FOR THE CITY MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a vote 3-1 with Council Member Bowman absent and Council Member Valencia  THE CITY COUNCIL  COUNCIL.  in opposition, to adopt Ordinance No. 3287.    355  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October 15, 2024  Page 11 of17  PUBLIC HEARINGS  19. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY 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 ONTARIO INDUSTRIAL DEVELOPMENT The Ontario Industrial Development. Authority conducted a public hearing to consider the sale of Authority-owned property; and adopt a resolution approving a Purchase and Sale Agreement between the Ontario Industrial Development Authority and Richard Fernando Barba (on file in the Records Management Department); and authorized the Executive Directortoexecute the. Agreement and all other documents RESOLUTION NO. OIDA-60 A RESOLUTION OF THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA, APPROVIGAPURCHASE AND SALE AGREEMENT BETWEEN THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY AND RICHARD FERNANDO BARBA FORTHE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 928 EAST CALIFORNIA STREET, 960 EAST CALIFORNIA STREET, 1042 EAST CALIFORNIA STREET, 807 SOUTH GREENWOOD AVENUE, 814 SOUTH GREENWOOD AVENUE, AND 815 SOUTH GREENWOOD AVENUE, ONTARIO. Notice of public hearing was duly given. Affidavits of compliance are on file. There were 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 MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt 20. A PUBLIC HEARING TO CONSIDER THE SALE OF ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY 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 ONTARIO INDUSTRIAL DEVELOPMENT The Ontario Industrial Development Authority conducted a public chearing to consider the sale of Authority-owned property; and adopt a resolution approving a Purchase and Sale Agreement between the Ontario Industrial Development Authority and  AUTHORITY AND RICHARD FERNANDO BARBA  required for implementation of the Agreement.  no written communications.  for Council discussion.  Resolution No. OIDA-60.  AUTHORITY AND ANADALUSIA DEVELOPMENT COMPANY    356  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October 15, 2024  Page 12of17  Anadalusia Development Company (on file in the Records Management Department); and authorized the Executive Director to execute the Agreement and RESOLUTION NO. OIDA-61 A RESOLUTION OF THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING Al PURCHASE AND SALE. AGREEMENT BETWEEN THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY AND ANADALUSIA DEVELOPMENT COMPANY FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY Notice of public hearing was duly given. Affidavits of compliance are on file. There were 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 MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt 21. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE  all other documents required for implementation of the Agreement.  LOCATED AT 936 SOUTH GROVE AVENUE, ONTARIO.  no written communications.  for Council discussion.  Resolution No. OIDA-61.  NOS. PMTT23-008 AND PDEV23-037  The City Council conducted a public hearing on the appeal and after receiving all public testimony, uphold the Planning Commission's decision to approve Tentative Tract Map No. 20659 (File No. PMTT23-008) and a Development Plan (File No. RESOLUTION NO. 2024-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYINGANAPPEAL AND UPHOLDINGTHE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PMTT23-008, FOR TENTATIVE TRACT MAP NO. 20659, SUBDIVIDING 3.1 ACRES OF LAND INTO ONE PARCEL FOR CONDOMINIUM PURPOSES LOCATED. AT 1355WEST 5TH STREET, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL - 2.1TO5.0 DU/AC) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF- RESOLUTION NO. 2024-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING, AN APPEAL AND UPHOLDINGTHE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PDEV23-037,A DEVELOPMENT PLAN TO CONSTRUCT 70 MULTIPLE-FAMILY RESIDENTIAL CONDOMINIUM UNITS, INCLUDING 7 MODERATE INCOME AFFORDABLE UNITSON31ACRES OF LANDLOCATED AT 1355WESTSTHSTREEL, WITHIN THE LDR-5 (LOW DENSITY RESIDENTIAL - 2.1TO5.0 DU/AC) ZONING DISTRICT,AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1008-551-12.  PDEV23-037) and deny the appeal.  APN: 1008-551-12.    357  Ontario City Council/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October 15, 2024  Page 13 of17  Notice of public hearing was duly given. Affidavits of compliance are on file. The following  submitted written communications in opposition:  Greg Gomez Allen Mary Thompson Cynthia Kerby Jorge Mogollan Sergio Canales Eileen Finlay Joel Harger the item.  Assistant Director of Community Development Rudy Zeledon provided background on Mayor Leon recessed the meetings at 7:31 p.m. and reconvened at 7:41 p.m. Mayor Leon opened the public hearing and inquired if anyone was interested in speaking The appellant Greg Gomez provided background regarding his opposition to the item.  to the item.  Leo Gomez, spoke in opposition. Steve Ho, spoke in opposition. Tiffany Onspot, spoke in opposition. Luis Suarez, spoke in opposition. Peter Bloomfield, spoke in opposition. Elizabeth Garcia, spoke in opposition. Gustavo Valdez, spoke in opposition. Klara Valdez, spoke in opposition. Juana Hironaca, spoke in opposition. Martha Lopez, spoke in opposition. Joe Estrada, spoke in opposition. Judy Rodrguez-Jauregu, spoke in opposition. Joe Solis, spoke in opposition.  The applicant Joe Oftalie spoke in support of the project.  Mr. Gomez was given an opportunity to rebuttal Mr. Oftalie's comments.  Hearing no one else, Mayor Leon closed the public hearing and opened the item for  Council discussion.    358  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes - October15,2024  Page 14 of17  MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt 22. AI - RESOLUTION TO ESTABLISH BROADBAND FEES FOR ONTARIONET  Resolution Nos. 2024-176 and 2024-177.  The City Council adopted a Resolution to adopt a schedule of fees, as well as charges for late or declined payments, including the maximum and minimum rates that OntarioNet may charge customers to access and use OntarioNet's fiber optic network to connect to the Internet and to obtain communications services, upon the recommendation of the City Manager, and to delegate authority to the City Manager to establish rate plans for residential and small business customers, and negotiate contract rates with large commercial customers within those established ranges, and to set all the other terms, conditions and policies applicable to customer access and RESOLUTION NO. 2024-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING FEES FOR USE OF THE ONTARIONET FIBER OPTIC NETWORK AND OTHER ASSOCIATED LOCAL Notice of public hearing was duly given. Affidavits of compliance are on file. There were 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 MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt 23. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS. PDET23-005, PDET23-007, PDET23-008, The City Council conducted a public hearing on the Appeals and after receiving all public testimony, uphold the Planning Commission's decision to uphold Zoning Administrator Decision No's. ZA23-024 (File No. PDET23-005), ZA23-030 (File No. PDET23-007), ZA23-031 (File No. PDET23-008), ZA23-032 (File No. PDET23-009), ZA23-033 (File No. PDET23-010), ZA23-038 (File No. PDET23-015) and ZA23-039  use of OntarioNet's fiber optic network and related services.  GOVERNMENT PROPERTY.  no written communications.  for Council discussion.  Resolution No. 2024-178.  PDET23-009, PDET23-010, PDET23-015 AND PDET23-016  (File No. PDET23-016) and deny the Appeals.    359  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes - October 15, 2024  Page 15 of17  RESOLUTION NO. 2024-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD' THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-005) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION5032501EX0)ISAPPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE HOTEL HACIENDA, LOCATED AT 2425 SOUTH ARCHIBALD AVENUE, WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT RESOLUTION NO. 2024-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLDTHE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-007) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE BRIGHT STAR MOTEL, LOCATED AT 1530 WEST MISSION BOULEVARD, WITHIN THE LIGHT. INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT RESOLUTION NO. 2024-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSIONS DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-008) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE DAYS INN ONTARIO MOTEL, LOCATED AT 1405 EAST 4TH STREET, WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT RESOLUTION NO. 2024-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-009) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE ECONOMY INN, LOCATED AT 2301 SOUTH EUCLID AVENUE, WITHIN THE COMMUNITY COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: RESOLUTION NO. 2024-183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMNISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-010) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION 5.03.250(E)(1) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE MAYFAIR INN, LOCATED AT 1120 EAST HOLT BOULEVARD, WITHIN THE INDUSTRIAL PARK ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1049-141-25.  THEREOF-APN: 1083-071-26.  THEREOF-APN: 1011-221-15.  THEREOF-APN: 0108-381-32.  1051-071-04.    360  Ontario City Counci/Ontario Housing Authority Industrial Development Authority Regular Meeting Minutes- - October 15, 2024  Page 160 of17  RESOLUTION NO. 2024-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD THE PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING ADMINISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-015) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION503250EX0) IS APPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE SANDS MOTEL, LOCATED AT 1240 WEST MISSION BOULEVARD, WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: RESOLUTION NO. 2024-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO UPHOLD1 THE PLANNING COMMISSIONS DECISION TO UPHOLD THE ZONING ADMNISTRATORS INTERPRETATION AND DETERMINATION DECISION (FILE NO. PDET23-016) THAT THE ONTARIO DEVELOPMENT CODE DIVISION 5.03, SECTION5032501EXISAPPLICABLE AND ENFORCEABLE TO THE OPERATION TO THE WEST COAST INN, LOCATED AT 1211 NORTH GROVE AVENUE, WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT Notice of public hearing was duly given. Affidavits of compliance are on file. There were 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 MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Bowman absent, to adopt Resolution Nos. 2024-179, 2024-180, 2024-181, 2024-182, 2024-183, 2024-184, and  1101-211-03.  THEREOF-APN: 1047-451-25.  no written communications.  for Council discussion.  2024-185.  ADMINISTRATIVE REPORIS/DISCUSSCUSSIONACTION  24. A RESOLUTION AUTHORIZING THE DISSOLUTION OF THE CHINO BASIN WATER BANK PLANNING AUTHORITY AND APPROVING AN AMENDMENT TERMINATING THE AUTHORITY'S JOINT POWERS AGREEMENT BY AND AMONG THE CITY OF ONTARIO, INLAND EMPIRE UTILITIES AGENCY, CUCAMONGA VALLEY WATER DISTRICT, AND MONTE VISTA WATER The City Council adopted a Resolution authorizing the City Manager, or his designee, to dissolve the Chino Basin Water Bank Planning Authority and approved an Amendment terminating the Joint Powers Agreement by and among the City of Ontario, Inland Empire Utilities Agency, Cucamonga Valley Water District, and  DISTRICT  Monte Vista Water District.    361  Ontario City Counci/Ontario Housing Authority Industrial Development. Authority Regular Meeting Minutes- - October 15, 2024  Page 17 of17  RESOLUTION NO. 2024-186 A RESOLUTION OF THE CITY COUNCIL OF ONTARIO, CALIFORNIA, AGREEING TO DISSOLVE THE CHINO BASIN WATER BANKF PLANNING, AUTHORITYAND. APPROVEAMAMENDMENT TERMINATING MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0 with Council Member Bowman absent, adopt Resolution  THE AUTHORITY'S JOINT POWERS AGREEMENT.  No. 2024-186. STAFF MATTERS  City Manager Ochoa made no announcements.  COUNCIL MATTERS  Council Member Valencia had no comments. Council Member Wapner had no comments. Mayor Leon had no comments.  Mayor pro Tem Porada announced the upcoming Art Festival.  ADJOURNMENT  Mayor Leon adjourned the meetings of the Joint Agencies at 9:07 p.m. and announced  the next regular meeting was scheduled for November 5, 2024.  Respectfully submitted,  eeHat SHEILA MAUTZ, CITY CLERKISECRETARY  APPROVED:  PAUL S. LEON, MAYORICHAIRMAN  26