370 ONTARIO CITY COUNCILI ONTARIO HOUSING AUTHORITY MINUTES NOVEMBER 19, 2024 JOINT MEETINGS The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 19, 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 6:32 p.m. ROLL CALL PRESENT: Mayor/Chairman: Paul S. Leon Debra Porada Ruben Valencia None Mayor pro Tem/Vice Chair: CouncilAuthority Members: Alan D. Wapner, Jim W. Bowman, and ABSENT: CouncilAuthority Members: Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/S 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 Council Member Wapner. INVOCATION Church. The invocation was led by Senior Pastor Thomas, Ontario Seventh-Day Adventist PUBLIC COMMENT Assistant City Clerk Isbell announced there was one written comment: Brad Neumann, regarding his personnel matters. 371 Ontario City Counci/Ontario Housing Authority Regular Meeting Minutes- November 19, 2024 Page2of9 Mayor Leon called upon the first speaker: Hagman, announced upcoming events. Karen Haughey, representative of San Bernardino County Board of Supervisors, Curt Brandy Rodriguez, spoke regarding her personal grievance. Brad Neumann, spoke regarding his personnel grievance. AGENDA REVIEW/ANNOUNCEMENTS MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented. Public Comment trash containers. Tommy Mushigan, spoke regarding Item No. 9, stating people should take better care of 1. APPROVAL OF MINUTES Approved minutes for the regular meeting of the City Council, Housing Authority, and Ontario Industrial Development of October 15, 2024 and approving same ason file in the Records Management Department. 2. BILLS & PAYROLL Approved bills October 25, 2024 through October 31, 2024, in the amount of $15,506,912.33, and Payroll October 6, 2024 through October 19, 2024 in the 3. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) FOR ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF ONTARIO AND amount 0f$6,039,974.73. BROOKCAL ONTARIO, LLC. The City Council: A. Adopted a Resolution approving an Agreement regarding Community Facilities District No. 52 (Sundance Park) for Assessor Parcel Number (LD Parcel 1) 0218-211-01-0000 and Fee In-Lieu (the Agreement') between the City of Ontario and BrookCal Ontario, LLC (the Developer"); and B. Authorized the City Manager, or his designee, to finalize, execute, and record RESOLUTION NO. 2024-196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT REGARDING ASSESSOR PARCEL NUMBER (LD PARCEL 1) 0218-211-01-0000 AND FEE IN-LIEU BETWEEN THE CITY OF said Agreement. ONTARIO AND BROOKCAL ONTARIO, LLC. 372 Ontario City Counci/Ontario Housing Authority Regular Meeting Minutes- - November19, 2024 Page 3of9 4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS The City Council considered and adopted an Ordinance authorizing the levy of special taxes within City ofC Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services). Introduction and first reading took place at a regular ORDINANCE NO. 3288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK CENTER SERVICES) meeting on November 5, 2024. LOGISTICS CENTER SERVICES). 5. PURCHASE OF FLEET VEHICLES The City Council took the following actions: A. Authorized the sole source purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $183,630 plus a 10% contingency of $18,363 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $201,993 B. Authorized the sole source purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $147,519 plus a 10% contingency of $14,752 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $162,271 C.A Authorized the sole source purchase and delivery of one (1) Kovatch Mobile Equipment (KME) Custom Tractor Drawn Rescue in the amount of $2,757,113, plus a 10% contingency of $275,711 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for ai total not-to-exceed amount of $3,032,824 from Fire Apparatus Solutions, of from Citrus Motors, of Ontario, California, and from Citrus Motors, of Ontario, California; and Rialto, California. 6. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT AND PICNIC SHELTERS WITH INNOVATIVE PLAYGROUNDS COMPANY FOR THE DE ANZA PARK IMPROVEMENTS PROJECT The City Council took the following actions: A. Authorized the cooperative purchase of playground equipment for the De Anza Park Improvements Project in the amount of $913,554 plus a 10% contingency of$91,355 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for at totalnot-to-exceed amount ofs1,004,909from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions oft the Sourcewell Cooperative Contract No. 010521- D BUR; 373 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes = November 19, 2024 Page 4 of9 and B. Authorized the cooperative purchase of picnic shelters for the De Anza Park Improvements Project in the amount of $659,061 plus a 10% contingency of $65,906 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $724,967 from Innovative Playgrounds Company, of Whittier, California, consistent with the terms and conditions ofthe Sourcewell Cooperative Contract No. 010521-E BUR. 7. DESIGN SERVICES AGREEMENTS FOR ON-CALL ARCHITECTURAL SPACE PLANNING AND ENGINEERING DESIGN SERVICES The City Council authorized the City Manager, or his designee, to execute the following three-year Design Services Agreements for on-call Architectural, Space Planning, and Engineering Design Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) A. HMC Architects, of Ontario, California, for a total contract amount not-to- B. Holt Architecture, of Palm Desert, California, for a total contract amount not- C. IDS Group, Inc., of Irvine, California, for a total contract amounti tnot-to-exceed D. Hammel, Green and Abrahamson, Inc., of Santa Monica, California, for ai total E. Robert Borders & Associates, of Costa Mesa, California, for a total contract additional one-year periods: exceed $200,000; to-exceed $200,000; $200,000; contract amount not-to-exceed $200,000; and amount not-to-exceed $200,000. 8. CONSTRUCTION CONTRACTS FOR THE SPORTS COMPLEX OFFSITE UTILITIES PROJECT AND THE SEWER IMPROVEMENT AT VINEYARD PROJECT 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 award Contract No. D&C23-025 Sports Complex Offsite Utilities Project to Griffith Company, of Brea, California, for the construction of the Offsite Utilities for the Sports Complex, in the amount of $90,584,000 plus a 15% contingency of $13,587,600, for a total not-to-exceed contract amount of$104,171,600, and B. Authorized the City Manager or his designee to award Contract No. D&C23-025 Sports Complex Sewer Improvement at' Vineyard. Avenue Project to Weka, Inc., of San Bernardino, California, for the construction of the Offsite Vineyard Sewer for the Sports Complex, in the amount of $27,972,383 plus a 15% contingency of $4,195,857, for a total not-to-exceed contract amount of $32,168,240, and 374 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- November1 19, 2024 Page 5of9 C. Authorized the City Manager or his designee to execute Amendment No. 2to the on-call Professional Services Agreement with Ardurra Group, Inc., of Newport Beach, California, to provide on-call Design Services for the Ontario Sports Complex Project in the amount of $72,780 for a total not-to-exceed D.A 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 ofallc construction contract amount of $2,457,212; and related activities. 9. AGOODS AND EQUIPMENT PURCHASE AGREEMENT WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR ROLL-OFF CONTAINERS AND PARTS The City Council authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for the purchase of roll-off containers and parts for a total contract amount not-to-exceed $2,000,000 for up to five (5) years. PUBLIC HEARINGS 10. AN APPEAL OF THE PLANNING COMMISSION DECISION APPROVING FILE NO. PDEV22-017 The City Council conducted a public hearing on the appeal and after receiving public testimony, upholding the Planning Commission's decision to approve the RESOLUTION NO. 2024-197 Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO CERTIFY THE 5355 EAST AIRPORT DRIVE FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2022090006) FOR A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL) ZONINGDISTRICT,AND ADOPT ENVIRONMENTALFINDINGS PURSUANTTO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0238-052-29 RESOLUTION NO. 2024-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE FILE NO. PDEV22-017, A DEVELOPMENT PLAN TO CONSTRUCT A 270,337 SQUARE FOOT INDUSTRIAL BUILDING ON 13.08 ACRES OF LAND FOR PROPERTY LOCATED AT 5355 EAST AIRPORT DRIVE, WITHIN THE IH (HEAVY INDUSTRIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF. APNS: 0238-052-29. AND0238-052-20. Development Plan (File No. PDEV22-017) and deny the appeal. AND 0238-052-20. 375 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes - November 19, 2024 Page 60 of9 Notice of public hearing was duly given. Affidavits of compliance are on file. There was one written communication from Californians Allied for Responsible Economy in support Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Executive Director of Community Development, Rudy Zeledon provided oft the appeal. background information. The appellant, Aden Marshall presented his case. The following individuals spoke in support of the appellant: Amy Smith Bill Steiner Cynthia Chavez Louis Lopez Mad Dog (Robert) The applicant, Tyson Chave presented his case. The following individuals spoke in support of the applicant: Tracy Zinn Jorge Zavala Andrew Mayorge The appellant was then given time to provide his rebuttal. 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 Council Member Bowman and carried by a unanimous vote 5-0, to deny the appeal and adopt Resolution Nos. 11. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA24-003) REVISING AND CLARIFYING CERTAIN PROVISIONS The City Council introduced and waived further reading of 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) ORDINANCE NO. 3289 (FIRST READING). 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. 2024-197 and 2024-198. OF THE CITY OF ONTARIO DEVELOPMENT CODE of the City of Ontario Development Code. 376 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- = November: 19, 2024 Page 7of9 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 Bowman seconded by Council Member Valencia 12. A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083 The City Council considered and adopted a Resolution authorizing the execution of al Loan Agreement and other related documents in connection with providing a loan toOTC LotAOwner, LLC and accepting the Economic Development Subsidy Report RESOLUTION NO. 2024-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT A OWNER, LLC AND EXECUTION THEREOF; ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERMMENT CODE SECTION 53083; FINDING THAT SUCH LOAN AGREEMENT APPROVAL IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15061(B)(3) AND 15378(B)(4) AND DIRECTING STAFF 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 Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-199. 13. A PUBLIC HEARING TO CONSIDER THE SALE OF CITY OF ONTARIO 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 CITY OF no written communications. for Council discussion. and carried by a unanimous vote 5-0, to introduce Ordinance No. 3289. prepared pursuant to Government Code Section 53083. TO ISSUE A NOTICE OF EXEMPTION no written communications. for Council discussion. ONTARIO AND RICHARD FERNANDO BARBA 377 Ontario City Counci/Ontario Housing Authority Regular Meeting Minutes - November 19, 2024 Page 8of9 The City of Ontario conducted a public hearing to consider the sale of City-owned property; and adopted a Resolution approving a Purchase and Sale Agreement ("Agreement") between the City of Ontario ("City") and Richard Fernando Barba ("Developer") (on file in the Records Management Department); and authorized the City Manager to execute the Agreement and all other documents required for RESOLUTION NO. 2024-200 A RESOLUTION OF THE CITY OF ONTARIO, OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF ONTARIO AND RICHARD FERNANDO BARBA FOR THE PURCHASE AND SALE OF CERTAIN REAL PROPERTY LOCATED AT 910 EAST CALIFORNIA STREET AND 808 SOUTH GREENWOOD 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 Bowman seconded by Council Member Wapner and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-200. implementation of the Agreement. AVENUE, ONTARIO. no written communications. for Council discussion. ADMINISTRATIVE REPORIS/DISCUSSCUSSION/ACTION 14. INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS The City Council introduced and waived further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department. ORDINANCE NO. 3290 (FIRSTI READING)ANC ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SS 7070, ET. SEQ. MOTION: Moved by Council Member Valencia, seconded by Council Member Wapner and carried by a unanimous vote 5-0 with, adopt introduce Ordinance No. 3290. 15. AN ORDINANCE AMENDING SECTION3-1,112TOTITLE30F THE MUNICIPAL CODE RELATING TO LICENSE REQUIREMENTS OF CONTRACTORS AND SUBCONTRACTORS TO ENHANCE COMPLIANCE WITH LOCAL LABOR The City Council introduced an Ordinance amending Section 3-1.112 to Title 3 of the Ontario Municipal Code relating to requirements of contractors and subcontractors to 7070, ET. SEQ. STANDARDS enhance compliance with local labor standards. 378 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- November 19, 2024 Page 9of9 ORDINANCE NO. 3291 (FIRST READING) 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 SUBCONTRACTORSTO ENHANCE MOTION: Moved by Council Member Valencia, seconded by Council Member Bowman and carried by a unanimous vote 5-0 with, introduce Ordinance No. 3291. COMPLIANCE WITH LOCAL LABOR STANDARDS. STAFF MATTERS City Manager Ochoa made no announcements. COUNCIL MATTERS Council Member Valencia had no comments. Council Member Bowman had no comments. Council Member Wapner had no comments. Mayor pro Tem Porada had no comments. Mayor Leon had no comments. ADJOURNMENT Mayor Leon adjourned the meetings of the Joint Agencies at 7:29 p.m. and announced the next regular meeting was scheduled for December 3, 2024. Respectfully submitted, AHah SHEILA MAUTZ, CITY CLERKISECREJARY APPROVED: PAUL'S S. LEON, a