106
ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 7, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, November 7, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:31 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman, 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.
CLOSED SESSION
Mayor Leon 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 recessed to Closed Session at 5:32 p.m. for discussion of the following:
• GC 54956.9 (d) (1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel
• GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS 51010, 4th District Appellate Case Nos. E079052, E080533, E080457
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:32 p.m. for the regular session. 107
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Wapner.
INVOCATION
The invocation was led by Pastor Martin Chavez, First Fundamental Bible Church Ontario.
REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:
Toni Limas, regarding implementation of AB 2953.
Amanda Coker, upcoming events with the Chino Basin Water Conservation District.
Mayor Leon called upon the first speaker:
Silvano and Kamal Rosas, announced the grand opening of their restaurant located at 112 W. B Street.
Rebecca Arroyo, not present when called upon.
William Mercado, announced upcoming events with the Chino Basin Water Conservation District.
Chris Robles, regarding crime near 4th and Vineyard.
Lucia Robels, regarding crime near 4th and Vineyard.
Mario Huante, spoke regarding the U.S. and Arizona State Constitution.
Jesse Fonseca, spoke on airplane noise.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
CONSENT CALENDAR
ITEM PULLED FROM CONSENT CALLENDAR: Mayor pro Tem Dorst-Porada pulled Item No. 10 from the Consent Calendar for a separate vote. 108
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Virginia Shannon, spoke in opposition of Item No. 16.
Terry Weatherby, spoke in opposition of Item No. 16.
Chris Robles, spoke in support of Item No. 17.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 5-0, to approve the Consent Calendar as presented with the exception of Item No. 10.
1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of October 3, 2023, approving the same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved bills September 29, 2023 through October 19, 2023 in the amount of $36,271,424.06, and Payroll September 24, 2023 through October 7, 2023 in the amount of $4,955,655.40.
OF EUCLID AVENUE AND EAST D STREET.
The City Council adopted a Resolution ordering the summary vacation of an easement for public utility purposes located at the southeast corner of Euclid Avenue and East D Street.
RESOLUTION No. 2023-146 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR PUBLIC UTILITY PURPOSES LOCATED AT THE
SOUTHEAST CORNER OF EUCLID AVENUE AND EAST D STREET
4. AN AMENDMENT TO THE AGREEMENT WITH CONVERGINT TECHNOLOGY,
LLC, FOR THE SUPPORT OF SECURITY CAMERAS, DOOR ACCESS
SYSTEMS AND CITY FACILITY EMERGENCY NOTIFICATIONS.
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the current Agreement with Convergint Technology, LLC, of Anaheim, California, to include the CCTV Intersection Camera Installation, Citywide Camera Refresh and Expansion, and the City Facilities Notification, Emergency, and Overhead Paging System projects in the amount not-to-exceed $3,551,364. 109
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5. FISCAL YEAR 2023-24 FIRST QUARTER BUDGET UPDATE REPORT The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2023-24 First Quarter Budget Update Report.
6. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH ROBERT
BORDERS AND ASSOCIATES FOR ON-CALL ARCHITECTURAL DESIGN
SERVICES FOR THE ARMSTRONG COMMUNITY CENTER ROOF
RESTORATION PROJECT
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 18 to the Design Services Agreement with Robert Borders and Associates, of Costa Mesa, California, for the Armstrong Community Center Roof Restoration Project in the amount of $40,303 for a not-to-exceed contract amount of $622,842; and
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 related activities.
7. APPROVE WEST COAST LIGHTS AND SIRENS, INC. AS AN AUTHORIZED
SUPPLIER AND AWARD A GOODS & SERVICES AGREEMENT FOR FLEET
VEHICLE EQUIPPING
The City Council took the following actions:
A. Approved West Coast Lights and Sirens, Inc., of Riverside, California, as an authorized supplier for current and future purchases and installation of electronics and equipment associated with the routine replacement of City fleet vehicles; and
B. Authorized the City Manager or his designee to execute a Goods and Services Agreement with West Coast Lights and Sirens, Inc., of Riverside, California, for fleet vehicle equipping for a total not-to-exceed contract amount of $2,250,000 over a three-year term.
8. APPROVAL OF PRE-AUTHORIZED SUPPLIERS TO PROVIDE SERVICES AND
PARTS FOR SPECIALIZED FLEET AND EQUIPMENT
The City Council took the following actions:
A. Approved pre-authorized suppliers to provide parts and maintenance services for specialized fleet and equipment; and
B. Authorized the City. Manager or his designee to execute contracts with each vendor for no more than the listed not-to-exceed contract amounts. 110
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9. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC., TO PROVIDE ENVIRONMENTAL CONSULTING
SERVICES FOR PHASE 2 OF THE ONTARIO PLAN (TOP) 2050 UPDATE The City Council approved and authorized the City Manager or designee to execute Amendment No. 4 to a Professional Services Agreement with PlaceWorks, Inc. of Santa Ana, to increase project funding by $1,625,701, for a total authorized expenditure amount of $4,935,701, to prepare the Ontario Regional Sports Complex (ORSC) Subsequent Environmental Impact Report (SEIR).
11. THE EUCLID WALNUT PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-004)
TO ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT SITE LOCATED AT THE NORTHWEST CORNER OF
EUCLID AVENUE AND WALNUT STREET
The City Council adopted an Ordinance approving the Euclid Walnut Planned Unit Development (File No. PUD22-004). Introduction and first reading took place at a regular meeting on October 17, 2023.
ORDINANCE NO. 3262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING FILE NO. PUD22-004, THE EUCLID
WALNUT PLANNED UNIT DEVELOPMENT, ESTABLISHING DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A 10.6-ACRE PROJECT SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE
AND WALNUT STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1051-271-67, 1051-271-06, AND 1051-271-66.
12. ACCEPT AND APPROVE LAW ENFORCEMENT EQUIPMENT GRANT
PROGRAM ADDITIONAL AWARD FOR FISCAL YEAR 2022-23
The City Council authorized the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2022-23 in the amount of $277,260.
13. ACCEPTANCE OF GRANT AWARD FROM THE U. S. DEPARTMENT OF
HOMELAND SECURITY AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES PROVIDED THROUGH THE FISCAL YEAR 2022 URBAN AREA
SECURITY INITIATIVE (UASI) GRANT PROGRAM
The City Council authorized the City Manager or his designee to execute all documents necessary to accept a three-year sub-grant award in the amount of $600,000 from the U.S. Department of Homeland Security and the California Office of Emergency Services provided through the Fiscal Year 2022 UASI Grant Program. 111
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14. AUTHORIZE A SOLE SOURCE PURCHASE OF A PUBLIC SAFETY VEHICLE FROM LDV INC.
The City Council approved and authorized the City Manager or his designee to execute all documents necessary for the sole source purchase of a Public Safety Vehicle from LDV Inc., of Burlington, Wisconsin, in the amount of $500,030.
15. ACCEPTANCE OF STATE OF CALIFORNIA HOMELESS HOUSING, ASSISTANCE AND PREVENTION ROUND 3 (HHAP-3) FUNDING
ADMINISTERED BY THE COUNTY OF SAN BERNARDINO TO RAPIDLY
REHOUSE HOMELESS FAMILIES AND INDIVIDUALS
The City Council accepted $135,000 in HHAP-3 funding to provide eight households that are homeless in the west valley of San Bernardino County with move-in costs and up to six months' rent assistance and services to stabilize their housing.
16. A RESOLUTION OF INTENTION TO RENEW THE DOWNTOWN ONTARIO
COMMUNITY BENEFIT DISTRICT AND TO LEVY AND COLLECT
ASSESSMENTS WITHIN DISTRICT
The City Council took the following actions:
A. Adopted a Resolution of Intention to renew the Downtown Ontario Community Benefit District and to levy and collect assessments within such District pursuant to California Streets and Highways Code 36600; B. Directed Staff to mail the notice of public hearing and assessment ballots to all affected property owners within the proposed district boundaries.
RESOLUTION NO. 2023-147 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA STATING ITS INTENTION TO RENEW THE
DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT AND TO LEVY AND
COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE
ESTABLISHMENT OF PROPERTY BUSINESS IMPROVEMENT DISTRICTS, SECTION 36600 OF THE CALIFORNIA STREETS AND HIGHWAY CODE, AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
17. UPDATED LEGISLATIVE PLATFORMS
The Council approved the 2024 State and Federal Legislative Platforms.
ITEM PULLED FROM CONSENT CALENDAR
10. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM
DESIGN GROUP FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES
FOR THE ONTARIO MILLS LANDSCAPE DESIGN
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The City Council tabled Amendment No. 5 to the Design Services Agreement for Contract No. PM 1819-1 with RJM Design Group of San Juan Capistrano, California, to provide On-Call Landscape Architectural Services for the Ontario Mills Landscape Design Project in a total amount of $102,100 and a total not-to-exceed amount of $527,100.
Mayor pro Tem Dorst-Porada and Council Member Wapner expressed their opposition to the item. Council Member Wapner added he wanted language that held the Ontario Mills responsible. City Council discussed and agreed to table the item until terms were clarified.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
18. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA) SPECIAL TAX BONDS, SERIES 2023 AND RELATED MATTERS
The City Council took the following actions:
A. Considered and adopted a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 56 (Parkside/La Avenida) Special Tax Bonds, Series 2023, in an aggregate principal amount of not-to-exceed $21 million, authorizing the execution and delivery of an indenture, a bond purchase agreement, a continuing disclosure agreement, a first amendment to acquisition and funding agreement, authorizing the distribution of an official statement and related actions;
B. Considered and adopted a Resolution of the City of Ontario making a declaration of official intent to reimburse facilities expenditures with bond proceeds and related actions;
C. Authorized the issuance of special tax bonds for public improvements required to facilitate the development of the Parkside/La Avenida project and the Ontario Ranch development;
D. Approved the forms of the Indenture, the Bond Purchase Agreement, First Amendment to Acquisition and Funding Agreement; the Continuing Disclosure Agreement, and the Preliminary Official Statement; E. Authorized a negotiated sale of the special tax bonds to Samuel A. Ramirez & Co., in accordance with the terms of the Bond Purchase Agreement; and F. 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. 2023-148 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA) SPECIAL TAX BONDS, SERIES 2023, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $21,000,000.00, AUTHORIZING THE EXECUTION AND 113
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DELIVERY OF AN INDENTURE, A BOND PURCHASE AGREEMENT, AND A
CONTINUING DISCLOSURE AGREEMENT AND A FIRST AMENDMENT TO
ACQUISITION AND FUNDING AGREEMENT, AUTHORIZING THE
DISTRIBUTION OF AN OFFICIAL STATEMENT AND RELATED ACTIONS.
RESOLUTION NO. 2023-149 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, MAKING A DECLARATION OF OFFICIAL
INTENT TO REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS AND RELATED ACTIONS.
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 one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2023-148 and 2023-149.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Mayor pro Tem Dorst-Porada acknowledged Staff's work at the Ontario Museum of History and Art and announced upcoming community events.
Council Member Wapner made no comments.
Council Member Bowman made no comments.
Council Member Valencia offered resources for individuals experiencing loneliness and mental stress during the holidays.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:33 p.m. in memory of Commissioner John Machado, and announced the next regular meeting was scheduled for November 21, 2023.
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Respectfully submitted,
sheila Macts
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
/PAUL S. LEON, MAYORICHAIRMAN