CITY OF ONTARIO
Regular City Council/Housing
Authority/Ontario Public Financing Authority
Meeting
MARCH
7, 2023
City Hall
303 East B Street, Ontario, CA 91764
MAYOR PAUL S. LEON • MAYOR PRO TEM DEBRA DORST-PORADA
COUNCIL MEMBERS ALAN D. WAPNER, JIM W. BOWMAN AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN
WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL
All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.
Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].
All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.
Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.
In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.
Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230307 Closed Session
ACCOMODATIONS
If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.
ORDER OF BUSINESS
The regular City Council, Housing Authority and Ontario Public Financing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m., immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.
CALL TO ORDER
(OPEN SESSION)
ROLL CALL
Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon
CLOSED SESSION PUBLIC COMMENT
The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.
CLOSED SESSION
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1049-151-22, 1135 E. State Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Richard F. Barba; Under negotiation: Price and terms of payment.
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0210-204-17 City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: San Juan Owners LLC; Under negotiation: Price and terms of payment.
PLEDGE OF ALLEGIANCE
Council Member Valencia
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. APPROVAL OF MINUTES
INVOCATION
Pastor Peter Edwardson Calvary Baptist Church
REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority/Ontario Public Financing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.
To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.
AGENDA REVIEW/ANNOUNCEMENTS
The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.
Minutes for the regular meetings of the City Council, Housing Authority, and Successor Agency to the Redevelopment Agency of February 7, 2023 and approving same as on file in the Records Management Department.
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230207 Minutes (Not Official Until Approved).pdf
2. BILLS & PAYROLL
3. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT FOR AMERICAN RECLAMATION, INC.
4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND DESIGN SERVICES FOR THE I-10 FREEWAY AT GROVE AVENUE AND FOURTH STREET
INTERCHANGE AND GROVE AVENUE CORRIDOR PROJECT
5. ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A
RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH) AND TO AUTHORIZE THE ASSOCIATED LEVY OF SPECIAL TAXES; AND ADOPT A RESOLUTION TO INCUR BONDED INDEBTEDNESS Bills February 10, 2023 through February 23, 2023, and Payroll January 29, 2023 through February 11, 2023 when audited by the Finance Committee.
That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 2 to the Goods and Services Agreement (on file with Records Management Department) with American Reclamation, Inc. of Los Angeles, California, for Scrap Tire Recycling Services for a second one-year extension of $55,000 for a new not-to-exceed amount of $155,000.
That the City Council approve Amendment No. 8 to the Professional Services Agreement (on file in the Records Management Department) with Parsons Corporation (Parsons) of Illinois, for additional engineering and design services for the I-10 Freeway at Grove Avenue and Fourth Street Interchange and Grove Avenue Corridor Project in the amount of $256,233; and
authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
That the City Council consider and:
A
.
Accept a written petition (on file with the Records Management Department) from KB Homes Coastal Inc., of California, located in Wildomar, California, to create a Community Facilities District, and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982;
B
.
Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 64 (Sunset Ranch) (the “CFD”), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, April 18, 2023; and
C
.
Adopt a Resolution to Incur Bonded Indebtedness of proposed Community Facilities District No. 64 (Sunset Ranch).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF
INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, PROPOSED TO BE CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD No. 64 Sunset Ranch^01 Resolution of Intention^RESO^RM
ATTACHMENT:
CFD No. 64 Sunset Ranch^01A Map, EXH A.pdf
ATTACHMENT:
CFD No. 64 Sunset Ranch^01B RMA, EXH C.pdf
ATTACHMENT:
CFD No. 64 Sunset Ranch^02 Resolution to Incur Bonded
Indebtedness^RESO^RM
6. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2022 HOUSING ELEMENT ANNUAL
PROGRESS REPORT
ATTACHMENT:
PADV23-001 2022 GP HE APR^02 RESO^RM
ATTACHMENT:
PADV23-001_2022_GP_HE_APR^03 GP APR
7. A DEVELOPMENT IMPACT FEE CREDIT AGREEMENT (FILE NO. PDIF22-001) BETWEEN THE CITY OF ONTARIO AND KB HOME COASTAL, INC., FOR FACILITY CONSTRUCTION ASSOCIATED WITH TRACT MAP NO. 18916, LOCATED NEAR THE SOUTHWEST CORNER OF
ARCHIBALD AVENUE AND CHINO AVENUE, WITHIN THE COUNTRYSIDE SPECIFIC PLAN AND TRACT MAP NOS. 20158, 20159, AND 20160, LOCATED NEAR THE SOUTHEAST CORNER
OF MILL CREEK AVENUE AND OLD EDISON AVENUE, WITHIN THE ESPERANZA SPECIFIC PLAN
8. AWARD OF A CONSTRUCTION CONTRACT FOR THE ONTARIO POLICE DEPARTMENT NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO
INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH).
That the City Council consider and adopt a Resolution authorizing Staff to transmit the 2022 General Plan Annual Performance Report, which includes the 2022 Housing Element Annual Progress Report, to the California Department of Housing and Community Development and the Governor's Office of Planning and Research.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE 2022 GENERAL PLAN ANNUAL PROGRESS REPORT (FILE NO.
PADV23-001), WHICH INCLUDES THE HOUSING ELEMENT ANNUAL PROGRESS
REPORT, AND AUTHORIZING STAFF TO SUBMIT THE REPORTS TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH.
That the City Council approve the Development Impact Fee Credit Agreement (File No. PDIF22- 001) between the City of Ontario and KB Home Coastal, Inc., for facility construction associated with Tract Map No. 18916, located near the southwest corner of Archibald Avenue and Chino Avenue, within the Countryside Specific Plan and Tract Map Nos. 20158, 20159, and 20160, located near the southeast corner of Mill Creek Avenue and Old Edison Avenue, within the Esperanza Specific Plan, and authorize the City Manager to execute the Agreement.
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
LOCKER AND GYM EXPANSION PROJECT
9. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH KLEINFELDER, INC.
FOR ON-CALL GEOTECHNICAL CONSULTING AND MATERIALS CONSULTING AND ON-CALL
ARCHITECTURAL AND DESIGN SERVICES
10. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20379, LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN
AVENUE AND VESTA STREET
That the City Council take the following actions:
A
.
Reject Modern Construction Management Inc.'s bid protest against Pub Construction, Inc. for D&C20-019 Ontario Police Department Locker and Gym Expansion project; B
.
Authorize the City Manager or his designee to execute Construction Contract No.
D&C20-019 with Pub Construction, Inc. of Diamond Bar, California for the Ontario Police Department Locker and Gym Expansion project in the amount of $1,559,000; C
.
Authorize a 10% contingency of $155,900 for a new contract value of $1,714,900 to address any unforeseen issues that arise during construction; and D
.
Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
That the City Council take the following actions:
A
.
Authorize the City Manager or his designee to execute Amendment No. 21 to the Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California, to provide On-call Geotechnical Consulting and Materials Testing Services for the Grand Park Demo Project in the amount of $16,900 for a new not-to-exceed total of $1,707,935;
B
.
Authorize the City Manager or his designee to execute Amendment No. 22 to the Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California, to provide On-call Geotechnical Consulting and Materials Testing Services for the CNG Compressor Replacement Project in the amount of $4,679 for a new not-to-exceed total of $1,712,614; and C
.
Authorize the City Manager or his designee to execute Amendment No. 9 to the Professional Services Agreement (on file in the Records Management Department) with Kleinfelder, Inc. of Ontario, California, to provide On-call Architectural and Design Services for the City Hall Campus Expansion Project in the amount of $113,500 for a new not-to-exceed total of $1,980,966.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20379, located at the northwest corner of Mountain Avenue and Vesta Street.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
Tract Map 20379^1 EXH A
ATTACHMENT:
Tract Map 20379^2 RESO^RM
11. AN AMENDMENT TO THE CENTRAL SQUARE PUBLIC SAFETY CAD SYSTEM CONTRACT
12. AN AGREEMENT FOR CITYWIDE DOOR ACCESS CONTROL SYSTEM REPLACEMENT AND
MAINTENANCE
13. PURCHASE OF EXPLOSIVE ORDNANCE DISPOSAL ROBOT
14. APPROVE THE SALE, RELATED DOCUMENTS AND OTHER ACTIONS RELATED TO THE ONTARIO PUBLIC FINANCING AUTHORITY, 2023 TAXABLE LEASE REVENUE BONDS (THE "2023 BONDS")
APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20379, LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN
AVENUE AND VESTA STREET
That the City Council authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement (on file with the Records Management Department) with Central Square, the City's current public safety computer aided dispatch system vendor, to include additional connections to the City of Corona and interoperability throughout the State, in the amount of $85,600 for an annual not-to-exceed amount of $264,000.
That the City Council authorize the City Manager to execute a five-year Agreement (on file with the Records Management Department) with Convergint Technologies LLC, of Anaheim, California, to upgrade the City's existing door access control system and provide maintenance and support for five years, for a total not-to-exceed amount of $281,593.
That the City Council authorize the City Manager to execute the purchase of an Explosive Ordnance Disposal (EOD) Robot from ICOR Technology Inc. of Ottawa, Ontario, Canada in the amount of $246,498.
PUBLIC HEARINGS
Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department.
That the City Council and the Board of the Ontario Public Financing Authority adopt resolutions to approve and authorize the sale and execution of documents and approve related actions in connection with the issuance of the Ontario Public Financing Authority, 2023 Taxable Lease Revenue Bonds, including:
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
20230307_Ontario PFA 2023 LRBs - Resolution of Authority Authorizing Financing^01^OPFA RESO^RM.docx
ATTACHMENT:
20230307_Ontario PFA 2023 LRBs - Resolution of the City Approving^02^CITY RESO^RM.docx
A
.
That the Ontario Public Financing Authority adopt a Resolution of the Ontario Public Financing Authority authorizing the issuance of its Lease Revenue Bonds in the aggregate principal amount of not to exceed $100,000,000 in connection with the financing of public capital improvements;
B
.
Authorize and direct execution of an indenture of trust, lease agreement, memorandum of assignment, bond purchase and continuing covenant agreement, and agency agreement;
C
.
Authorize the sale of the bonds and a placement agent agreement and authorizing official actions, and execution of related documents; and D
.
That the City Council adopt a Resolution authorizing proceedings and agreements relating to the financing of public capital improvements for public purposes, approving issuance and sale of bonds by the Ontario Public Financing Authority, approving a placement agent agreement and authorizing official actions.
A RESOLUTION OF THE ONTARIO PUBLIC FINANCING AUTHORITY OF THE CITY OF
ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF ITS LEASE REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $100,000,000
IN CONNECTION WITH THE FINANCING OF PUBLIC CAPITAL IMPROVEMENTS,
AUTHORIZING AND DIRECTING EXECUTION OF AN INDENTURE, LEASE
AGREEMENT, MEMORANDUM OF ASSIGNMENT, BOND PURCHASE AND
CONTINUING COVENANT AGREEMENT AND AGENCY AGREEMENT, AUTHORIZING
THE SALE OF THE BONDS AND A PLACEMENT AGENT AGREEMENT AND AUTHORIZING OFFICIAL ACTIONS AND EXECUTION OF RELATED DOCUMENTS.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,
AUTHORIZING PROCEEDINGS AND AGREEMENTS RELATING TO THE FINANCING OF
PUBLIC CAPITAL IMPROVEMENTS FOR PUBLIC PURPOSES, APPROVING ISSUANCE
AND SALE OF BONDS BY THE ONTARIO PUBLIC FINANCING AUTHORITY,
APPROVING A BOND PURCHASE AND CONTINUING COVENANT AGREEMENT, A PLACEMENT AGENT AGREEMENT AND AUTHORIZING OFFICIAL ACTIONS.
STAFF MATTERS
City Manager Ochoa
COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov Council Member Bowman
Council Member Valencia
ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority/Ontario Public Financing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov