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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 15, 2022
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 15, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:30 p.m.
ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia
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.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Heather Freeman, Church of Jesus Christ of Latter-Day Saints.
PUBLIC COMMENTS
There were two emailed comments:
Tachera Harrington, regarding local housing programs.
Loree Masonis, regarding Item No. 3 of the agenda.
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Mayor Leon called upon the first speaker.
Lizbeth Hernandez, invited City Council to participate in National Walk to School Day on October 12, 2022.
Malyna Mendez, spoke regarding the search of a missing person and homelessness issues.
Maria del Socorro Razón, spoke regarding the search of a missing person.
Miguel Batease, spoke regarding the search of a missing person.
Carla Lopez, spoke regarding the search of a missing person.
Maria Lazarraga, spoke regarding the search of a missing person.
Hope Bilderain, spoke on upcoming fundraiser for the Relay for Life.
Nadya Bahena, Field Representative from Assembly Member Freddy Rodriguez's office announced upcoming events.
Marcellus McMillan, announced upcoming events with the D'Andre Lampkin Foundation.
Alisa Merchant, spoke on homelessness issues in the community.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced an update to Item No. 13, amending the recommended actions to read as follows:
A. Reject Interior Demolition Earthwise Demo JV's bid for D&C21-005 - Grand Park Demolition as nonresponsive;
B. Reject Interior Demolition Earthwise Demo JV's protest against Resource Environmental, Inc for D&C21005 - Grand Park Demolition; C. Authorize the City Manager to complete and execute Construction Contract No.
D&C21-005 - Grand Park Phase 1 Demolition with Resource Environmental, Inc of Cerritos, California for the demolition and debris removal in the Grand Park in the amount of $4,703,540;
D. Authorize a 15% contingency of $705,531 to address any unforeseen issues that may arise during the demolition;
E. 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. 356
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CONSENT CALENDAR
Public Comments:
Val Carrick, gave a brief background on Beverly Cleary's accomplishments.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous vote 5-0, to approve the Consent Calendar with the amendments to Item No. 13 and, with the exception of Item No 16.
1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of October 18, 2022, and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills from October 14, 2022 through October 27, 2022 in the amount of $20,427,852.89 and Payroll from October 9, 2022 through October 22, 2022 in the amount of $4,136,451.15, when audited by the Finance Department.
3. A PROFESSIONAL SERVICE AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EUCLID MIXED USE SPECIFIC PLAN (FILE NO.
PSP22-001)
The City Council approved and authorized the City Manager to execute an Agreement with Kimley-Horn and Associates, Inc., of Riverside, California, to prepare an Environmental Impact Report (EIR) for the Euclid Mixed Use Specific Plan, in the amount of $396,805, plus a 5% contingency of $19,840, for a total authorized expenditure of $416,645; and authorized the City Manager to approve any future budget adjustments necessary to complete the EIR.
4. NAME THE CHILDREN'S ROOM AT OVITT FAMILY COMMUNITY LIBRARY TO
THE BEVERLY CLEARY YOUNG READERS ROOM
The City Council approved naming the children's room. at Ovitt Family Community Library, the Beverly Cleary Young Readers Room.
5. RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016, LOCATED AT THE
NORTHEAST CORNER OF EUCLID AVENUE AND MERRILL AVENUE
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20016, located at the northeast corner of Euclid Avenue and Merrill Avenue within the Ontario Ranch Business Park Specific Plan area.
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RESOLUTION NO. 2022-148 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20016
LOCATED AT THE NORTHEAST CORNER OF EUCLID AVENUE AND MERRILL AVENUE.
6. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING OF THE ONTARIO POLICE
DEPARTMENT LOCKER ROOM AND GYM EXPANSION PROJECT
The City Council rejected all bids received for Bid No. 1558, D&C 20-019 for the Ontario Police Department Locker Room and Gym Expansion project and authorized the City Manager or his designee to solicit new bids for this project.
7. FISCAL YEAR 2022-23 FIRST QUARTER BUDGET UPDATE REPORT The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 First Quarter Budget Update Report.
8. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF21-006) BETWEEN THE CITY OF ONTARIO AND DPIF3 CA 36 ONTARIO RANCH LLC.,
FOR FACILITY CONSTRUCTION ASSOCIATED WITH A DEVELOPMENT PLAN 7A (LIGHT INDUSTRIAL) LAND USE DISTRICT OF THE RICH HAVEN SPECIFIC PLAN
The City Council approved the Development Impact Fee Credit Agreement (File No.
PDIF21-006) between the City of Ontario and DPIF3 CA 36 Ontario Ranch LLC., for facility construction associated with a Development Plan (File No. PDEV22-001), located at the northwest corner of Hamner Avenue and Ontario Ranch Road, within Planning Area 7A (Light Industrial) land use district of the Rich Haven Specific Plan, and authorized the City Manager to execute the Agreement.
9. A PROFESSIONAL SERVICES AGREEMENT WITH DANKEN, INC. FOR
ON-CALL STRUCTURAL INSPECTION AND CONSTRUCTION MANAGEMENT
SERVICES
The City Council approved and authorized the City Manager or designee to execute a five-year Professional Services Agreement (on file in the Records Management Department) with Danken, of Ladera Ranch, California, to provide On-Call Structural Inspection and Construction Management Services for a not-to-exceed amount of $1,600,000.
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10. A GOODS AND SERVICES AGREEMENT FOR FURNITURE DESIGN FOR THE
BUILT ON WATER EXHIBIT
The City Council authorized the City Manager or designee to execute a Goods and Services Agreement with K2 Design and Fabrication of Norco, California for furniture for the Built on Water exhibit at the Ontario Museum of History and Art, for a total not to exceed amount of $269,563.
11. TWO AMENDMENTS FOR THE EQUIPPING OF WELL NO. 43 PROJECT The City Council took the following actions:
A. Approved and authorized the City Manager, or designee to execute Amendment No. 3 to the Professional Services Agreement (on file in the Records Management Department) with AKM Consulting Engineers Inc. of Irvine, California, for a total not-to-exceed amount of $39,908 for construction management and inspection services and a term from November 15, 2022 to September 30, 2023.
B. Approved and authorized the City Manager, or designee to execute Amendment No. 4 to the Maintenance Service Agreement (on file in the Records Management Department) with Bay Alarm Company of Ontario, California, for a total not-to-exceed amount of $25,271 for security system installation and a term from November 15, 2022 to June 30, 2025.
12. A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL
STRUCTURAL PLAN CHECKING SERVICES
The City Council approved and authorized the City Manager or designee to execute a five-year Professional Services Agreement with 4Leaf, of Newport Beach, California, to provide On-Call Structural Plan Checking Services for a not-to-exceed amount of $300,000.
13. DEMOLITION OF THE BUILDINGS AND DEBRIS LOCATED ON THE PROPERTY FOR THE GRAND PARK PHASE 1
The City Council took the following actions:
A. Rejected Interior Demolition Earthwise Demo JV's bid for D&C21-005 - Grand Park Demolition as nonresponsive;
B. Rejected Interior Demolition Earthwise Demo JV's protest against Resource Environmental, Inc for D&C21005 - Grand Park Demolition; C. Authorize the City Manager to complete and execute Construction Contract No.
D&C21-005 - Grand Park Phase 1 Demolition with Resource Environmental, Inc of Cerritos, California for the demolition and debris removal in the Grand Park in the amount of $4,703,540;
D. Authorized a 15% contingency of $705,531 to address any unforeseen issues that may arise during the demolition;
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E. Authorized the City Manager or his designee to execute all documents required for tement, asses sof the prements, reiction of retention acco, an agreements, assessments
filing a notice of completion at the conclusion of all construction related activities.
14. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT AND TWO AMENDMENTS FOR THE ONTARIO RANCH PHASE 2 WATER MAIN
IMPROVEMENTS PROJECT
The City Council took the following actions:
A. Approved the plans and specifications and award Contract No. UT 1050 to Norstar Plumbing and Engineering, Inc. of Alta Loma, California, for the construction of the Ontario Ranch Phase 2 Water Main Improvements, in the amount of $9,906,053 plus a 10% contingency of $990,605, for a total not-to- exceed amount of $10,896,658, a term of 260 calendar days after issuance of notice to proceed, 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 related to the project.
B. Approved and authorized the City Manager, or his designee, to execute a Professional Services Agreement with GeoTek, Inc. of Las Vegas, Nevada, for a total not-to-exceed amount of $160,918 and a term of 260 calendar days after issuance of notice to proceed for geotechnical and material testing services.
C. Approved and authorized the City Manager, or his designee, to execute Amendment No. 13 to the Professional Services Agreement (on file in the Reporation (in) me vine, California, for a total rastructed aminening $93,401 for construction engineering services and a term of 260 calendar days after issuance of notice to proceed for geotechnical and material testing services.
D. Approved and authorized the City Manager, or his designee, to execute Amendment No. 8 to the Professional Services Agreement with Wallace and Associates Consulting, Inc. of Murrieta, California, for a total not-to exceed amount of $235,013 for construction management services and a term of 260 calendar days.
15. AN AMENDMENT TO ON-CALL DESIGN SERVICES AGREEMENT FOR
LAUREL AVENUE, SULTANA AVENUE, AND NOCTA STREET SEWER MAIN
IMPROVEMENTS
The City Council approved and authorized the City Manager to execute Amendment No. 14 to the On-Call Design Services Agreement with Infrastructure Engineering Corporation of Irvine, California, for Laurel Avenue Sewer Main Improvements, UT 1069 Sultana Avenue Sewer Main Improvements, and Nocta Street Sewer Main Improvements, in the amount not-to-exceed $372,026.
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ITEMS PULLED FOR DISCUSSION
16. AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT-BASED ELECTIONS
UNDER THE CALIFORNIA VOTING RIGHTS ACT
An Ordinance adding a new Article 3 to Title 2 of Volume 1 of the Ontario Municipal Code to change the city's electoral system from at-large to by-district elections.
ORDINANCE NO. 3224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY'S
ELECTORAL SYSTEM FROM AT-LARGE TO BY DISTRICT ELECTIONS WITH
RESPECT TO ELECTING CITY COUNCIL MEMBERS AND MAINTAINING AN
ELECTIVE MAYOR, ESTABLISHING DISTRICT BOUNDARIES, SCHEDULING
ELECTIONS WITHIN THE DISTRICTS, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Mayor pulled Item 16 to discuss his concerns regarding sequencing. He expressed the proposed adoption of Map #17 with a revised sequencing of districts 1 and 4 in 2024 and 2 and 3 in 2026.
Council Member Valencia noted he understood there was a desire for districts 2 and 4 in 2026 and districts 1 and 3 in 2026. He asked City Attorney Duran if changing the sequencing could bring legal ramifications.
City Attorney Duran noted sequencing is within the Council's full control and can be changed at the Council's discretion.
PUBLIC COMMENTS:
Ted Burnett, spoke on the districting process.
Chris Robles, stated his desired sequencing of districts 2 and 4 in 2024 and 1 and 3 in 2026.
Mayor Leon closed the public hearing and entertained a motion.
MOTION: Moved by Council Member Leon, seconded by Mayor pro Tem Wapner and carried by a vote 4-1, with Council Member Valencia opposed, to reintroduce Ordinance 3224 to adopt Map #17 with the amended sequencing of districts 1 and 4 in 2024 and 2 and 3 in 2026.
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PUBLIC HEARINGS
17. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT
(PRESERVATION AGREEMENT), FILE NO. PHP22-011, FOR A DESIGNATED
HISTORIC PROPERTY
The City Council considered and adopted a resolution approving and authorizing the City Manager or designee to enter into a Mills Act contract (Preservation Agreement), for the designated historic property located at 119 East Princeton Street (APN:
1047 531-31), Rafael Marquez and Jacqueline Gonzalez.
RESOLUTION NO. 2022-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP22-011, AND
AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC
PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH
RAFAEL MARQUEZ AND JACQUELINE GONZALEZ, FOR THE PROPERTY LOCATED AT 119 EAST PRINCETON STREET (APN: 1047-531-31).
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous vote 5-0, to adopt Resolution No. 2022-149.
18. A PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE DESIGNATION OF THE MAURICE JOHNSON HOUSE, LOCATED AT 409
NORTH SAN ANTONIO AVENUE, AS A LOCAL HISTORIC LANDMARK
The City Council adopted a resolution approving File No. PHP21-016, designating 409 North San Antonio (APN: 1048-314-11) as Local Historic Landmark No. 100.
RESOLUTION NO. 2022-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP21-016, THE DESIGNATION OF THE MAURICE JOHNSON HOUSE, LOCATED AT 409 NORTH
SAN ANTONIO AVENUE, AS A LOCAL HISTORIC LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1048-314-11.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, closed the public hearing and opened the item for Council discussion.
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MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman, and carried unanimously by a 5-0 vote, to adopt Resolution No. 2022-150.
19. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT AGREEMENT (FILE NO.
PDA22-001) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20529 (FILE NO. PMTT22-010), AN 11.11-ACRE
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE, APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL - SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN (APN: 0218-161-14).
The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA22-001) between the City of Ontario and BrookCal Ontario LLC., to establish the terms and conditions associated with Tentative Tract Map 20529 (File No. PMTT22-010), an 11.11-acre property generally located on the east side of Twinkle Avenue, approximately 350 feet south of future Chino Avenue, within Planning Areas 4A, 4B, and 4C (Residential - SFD/Attached) land use district of the Rich Haven Specific Plan.
ORDINANCE NO. 3225 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PDA22-001, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP NO. 20529 (FILE NO.
PMTT22-010), AN 11.11 ACRE PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL -
SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0218-161-14.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing.
Tim Roberts, stated he attended the Planning Commission for the review and approval of the item. He wanted to be sure City Council was aware that when the Planning Commission approved the item, there was an agreement between Brookcal Ontario, LLC and City Staff to defer the phase two improvements until the Right of Way easements from Southern California Edison acquired.
Hearing no other speakers, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimously by a 5-0 vote, to introduce Ordinance No. 3225. 363
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20. A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE APPROVING THE 2021 INTERNATIONAL FIRE CODE AND THE 2022
CALIFORNIA BUILDING AND FIRE CODES ADOPTED BY THE CALIFORNIA
BUILDING STANDARDS COMMISSION IN THE CALIFORNIA CODE OF
REGULATIONS
The City Council introduced and waived further reading of:
A. An Ordinance amending Chapter 4, Title 4 of the Ontario Municipal Code entitled "Fire Code" adopting by reference, with certain amendments additions, deletions, and exceptions, the 2021 International Fire Code and the 2022 California Fire Code (California Code of Regulations, Title 24, Part 9); B. An Ordinance amending Chapters 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, and 14 of Title 8 of the Ontario Municipal Code to adopt the California Building Standards Code by reference, with certain amendments, additions, and deletions.
ORDINANCE NO. 3226 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE; ADOPTING BY REFERENCE
WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND CHANGES THERETO, THE 2022 CALIFORNIA FIRE CODE AND THE 2021 INTERNATIONAL
FIRE CODE, PROVIDING FOR THE RECOVERY OF COSTS AND COLLECTION OF FEES; AND REPEALING ORDINANCE NO. 3062 OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA.
ORDINANCE NO. 3227 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, AND 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCORPORATING THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 1997 CALIFORNIA HOUSING CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 HISTORIC BUILDING CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED STANDARDS, TOGETHER WITH CERTAIN AMENDMENTS THERETO.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, he opened the item for Council discussion. 364
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MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimously by a 5-0 vote, to introduce Ordinance No. 3226 and Ordinance No. 3227.
21. RESOLUTIONS OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN
OF FEE INTERESTS IN CERTAIN REAL PROPERTIES LOCATED ON EAST
HOLT BOULEVARD, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOs. 1048-481-27; 1048-481-07; 1048-481-28; AND 1048-481-29 The City Council conducted a public hearing and adopted Resolutions of Necessity declaring that the acquisition of fee interests in certain real properties located on East Holt Boulevard, more particularly described as Assessor Parcel Nos. 1048-481-27; 1048-481-07; 1048-481-28; and 1048-481-29, is necessary for the construction of affordable housing.
RESOLUTION NO. 2022-151 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY
LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-27.
RESOLUTION NO. 2022-152 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY
LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-07.
RESOLUTION NO. 2022-153 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY
LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-28.
RESOLUTION NO. 2022-154 A RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY
EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY
LOCATED ON EAST HOLT BOULEVARD, MORE PARTICULARLY DEFINED AS ASSESSOR PARCEL NO. 1048-481-29.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was was written communication from the Law Office of David J. Habib requesting a postponement.
Economic Development Director Jennifer Hiramoto gave a short presentation on the matter.
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Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item, hearing no speakers, he closed the public hearing and opened the item for Council discussion.
City Council discussed the matter.
MOTION: Moved by Council Member Dorst-Porada seconded by Council Member Bowman and carried unanimously by a 5-0 vote, to adopt Resolution Nos. 2022-151, 2022-152, 2022-153, and 2022-154.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
22. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11 MILLION AND RELATED MATTERS
The City Council considered and adopted a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 55 (Parklane) Special Tax Bonds, Series 2022, and took the following actions:
A. Authorized the issuance of special tax bonds for public improvements required to facilitate the development of the Parklane project and the Ontario Ranch development;
B. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; C. Authorized a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated in accordance with the terms of the Bond Purchase Agreement; and
D. Authorized the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed final certification in connection with the Preliminary Official Statement, a final Official Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.
RESOLUTION NO. 2022-155 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 55 (PARKLANE) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $11,000,000.00, AUTHORIZING THE EXECUTION AND DELIVERY
OF AN INDENTURE, A BOND PURCHASE AGREEMENT, AND A CONTINUING
DISCLOSURE AGREEMENT, AUTHORIZING THE DISTRIBUTION OF AN
OFFICIAL STATEMENT IN CONNECTION THEREWITH AND AUTHORIZING THE
EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND
RELATED ACTIONS.
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23. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.
PDAZ2-001) BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO, LLC., TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20529 (FILE NO. PMTT22-010), AN 11.11-ACRE
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE, APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL - SFD/ATTACHED) LAND USE DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN (APN: 0218-161-14).
The City Council considered adopting an Ordinance approving a Development Agreement (File No. PDA22-001) between the City of Ontario and BrookCal Ontario LLC., to establish the terms and conditions associated with Tentative Tract Map 20529 (File No. PMTT22-010), an 11.11-acre property generally located on the east side of Twinkle Avenue, approximately 350 feet south of future Chino Avenue, within Planning Areas 4A, 4B, and 4C (Residential -SFD/Attached) land use district of the Rich Haven Specific Plan.
ORDINANCE NO. 3225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22-001, A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ONTARIO AND BROOKCAL ONTARIO LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP NO. 20529 (FILE NO. PMTT22-010), AN 11.11 ACRE
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF TWINKLE AVENUE APPROXIMATELY 350 FEET SOUTH OF FUTURE CHINO AVENUE, WITHIN PLANNING AREAS 4A, 4B, AND 4C (RESIDENTIAL - SFD/ATTACHED) LAND USE
DISTRICTS OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0218-161-14.
Mayor Leon announced the item needed to be adjourned to November 22, 2022 at 9:00 a.m. He added that the notice of the adjourned meeting would be posted on the City's website and bulletin board.
STAFF MATTERS
City Manager Ochoa made no comments.
COUNCIL MATTERS
Council Member Dorst-Porada announced upcoming volunteer opportunities.
Mayor pro Tem Wapner spoke on public safety concerns and requested a report on the use of fentanyl and suggestions on how to mitigate the problem.
Council Member Bowman wished all a Happy Thanksgiving.
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Regular Meeting Minutes - November 15, 2022
Mayor Leon spoke on recent events for Veteran's Day and asked Ontario Fire Chief Gayk to provide an update on emergency evacuation of the wash.
Council Member Valencia extended his condolences to families of those who lost their lives in the recent storm and announced upcoming events.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8: 13 p.m. in memory of Katie Roberts and announced the adjourned meeting on November 22, 2022 at 9:00 a.m.
Respectfully submitted,
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SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN