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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY/
ONTARIO PUBLIC FINANCE AUTHORITY
MINUTES
March 7, 2023
•JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority, the Public Finance Authority were held on Tuesday, March 7, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor pro Tem Dorst-Porada called the joint meetings to order at 6:05 p.m.
ROLL CALL
PRESENT: Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Jim W. Bowman and Ruben Valencia ABSENT: Mayor/Chairman: Paul S. Leon
Council/Authority Members: Alan D. Wapner
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
CLOSED SESSION
Mayor pro Tem Dorst-Porada inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda, and the City Council recessed to Closed Session at 6:06 p.m. for discussion of the following:
• 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
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Regular Meeting Minutes - March 7, 2023
OPEN MEETING CALLED TO ORDER
Mayor pro Tem Dorst-Porada reconvened the meetings at 6:30 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Pastor Peter Edwardson Calvary Baptist Church.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced one emailed public comment:
Jerry Nowlin, regarding medical resources for Ontario residents.
Mayor pro Tem Dorst-Porada called upon the first speaker:
Euleas England, spoke regarding potential code violations.
Loree Masonis, spoke on homelessness issues.
Jesse Fonseca, spoke on airplane noise.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by a 3-0 vote, to approve the Consent Calendar as presented, with Mayor Leon and Council Member Wapner absent.
1. APPROVAL OF 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.
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2. BILLS & PAYROLL
Bills February 10, 2023 through February 23, 2023 in the amount of $15,685,283.45, and Payroll January 29, 2023 through February 11, 2023 in the amount of $4,045,968.30, when audited by the Finance Committee.
AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT FOR
AMERICAN RECLAMATION, INC.
The City Council approved and authorized the City Manager or his designee to execute Amendment No. 2 to the Goods and Services Agreement 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.
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
The City Council approved Amendment No. 8 to the Professional Services Agreement 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 authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.
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
The City Council considered and:
A. Accepted a written petition 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. Adopted a Resolution of Intention to establish City of Ontario Community Facilites District No. 64 (Sunset Ranch) (the "CFD"), authorized 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. Adopted a Resolution to Incur Bonded Indebtedness of proposed Community Facilities District No. 64 (Sunset Ranch).
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RESOLUTION NO. 2023-013 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT, PROPOSED TO BENAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH), AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES.
RESOLUTION NO. 2023-014 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).
6. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT AND 2022 HOUSING
ELEMENT ANNUAL PROGRESS REPORT
The City Council considered and adopted 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.
RESOLUTION NO. 2023-015 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.
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
The City Council approved 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 authorized the City Manager to execute the Agreement.
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8. AWARD OF A CONSTRUCTION CONTRACT FOR THE ONTARIO POLICE
DEPARTMENT LOCKER AND GYM EXPANSION PROJECT
The City Council took the following actions:
A. Rejected Modern Construction Management Inc.'s bid protest against Pub Construction, Inc. for D&C20-019 Ontario Police Department Locker and Gym Expansion project;
B. Authorized 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. Authorized 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. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
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
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 21 to the Professional Services Agreement 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. Authorized the City Manager or his designee to execute Amendment No. 22 to the Professional Services Agreement 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. Authorized the City Manager or his designee to execute Amendment No. 9 to the Professional Services Agreement 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.
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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 Improvement Security and Final Tract Map No. 20379, located at the northwest corner of Mountain Avenue and Vesta Street.
RESOLUTION NO. 2023-016 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20379,
LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN AVENUE AND VESTA STREET
11. AN AMENDMENT TO THE CENTRAL SQUARE PUBLIC SAFETY CAD SYSTEM
CONTRACT
The City Council authorized the City Manager to execute Amendment No. 1 to the Protessional Services Agreement 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.
12. AN AGREEMENT FOR CITYWIDE DOOR ACCESS CONTROL SYSTEM
REPLACEMENT AND MAINTENANCE
The City Council authorized the City Manager to execute a five-year Agreement with door access control system and provide malainance and super her five years tog a total not-to-exceed amount of $281,593.
13. PURCHASE OF EXPLOSIVE ORDNANCE DISPOSAL ROBOT
The City Council authorized 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.
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PUBLIC HEARINGS
14. APPROVE THE SALE, RELATED DOCUMENTS AND OTHER ACTIONS RELATED TO THE ONTARIO PUBLIC FINANCING AUTHORITY, 2023 TAXABLE LEASE REVENUE BONDS (THE "2023 BONDS"')
The City Council and the Board of the Ontario Public Financing Authority adopted 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:
A. The Ontario Public Financing Authority adopted 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. Authorized and directed execution of an indenture of trust, lease agreement, memorandum of assignment, bond purchase and continuing covenant agreement, and agency agreement;
C. Authorized the sale of the bonds and a placement agent agreement and authorizing official actions, and execution of related documents; and D. The City Council adopted 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.
RESOLUTION NO. OPFA-008 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.
RESOLUTION NO. 2023-017 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. 435
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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 pro Tem Dorst-Porada opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor pro Tem Dorst-Porada closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by vote 3-0, with Mayor Leon and Council Member Wapner absent to adopt Resolution Nos. OFFA-008 and 2023-017.
STAFF MATTERS
•
City Manager Ochoa made no comments.
ADJOURNMENT
Mayor pro Tem Dorst-Porada adjourned the meetings of the Joint Agencies at 6:47 p.m. and announced the next regular meeting on March 21, 2023, Respectfully submitted,
sheelalaus
SHEILA MAUTZ, CITY CLERKISECRETARY
APPROVED:
Dhar
DEBRA DORST-PORADA,
MAYOR PRO TEM/VICE CHAIRMAN