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ONTARIO HOUSING AUTHORITYI
INDUSTRIAL DEVELOPMENT AUTHORITY
MINUTES
May 7, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority, and the Industrial Development Authority were held on Tuesday, May 7, 2024 at Ontario City Hall, 303 E.
B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:03 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Council/Authority Members: Alan D. Wapner, Jim W. Bowman, and Ruben Valencia.
ABSENT: Mayor pro Tem/Vice Chair: Debra Porada
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.
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 6:04 p.m. for discussion of the following:
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-06; 212-218 North Palm Avenue; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties; Kenneth Hale; Under negotiation; Price and terms of payment
GC 54956.8, CONFERENE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1048-562-07; 210 North Palm Avenue and 222 West B Street; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Pan de Vida Spanish Ministry of Ontario; Under negotiation: Price and terms of payment 210
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OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:34 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Ruben Valencia.
INVOCATION
Michelle Diaz of Alpha and Omega Ministries provided the invocation.
SPECIAL CEREMONIES
Water Conservation Poster Contest
The City Council presented the selected winners of the annual Water Conservation Poster Contest.
Recognition of Historic Preservation Month in the City of Ontario The City Council proclaimed the Month of May 2024 as Historic Preservation Month in the City of Ontario.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were eight written public comments.
Elizabeth Filadelfia, regarding population overcrowding in the City of Ontario.
Rafael Adame-Cano, regarding enhancing communication between patients and doctors.
John Cornejo, regarding the homeless population and city infrastructure.
Leon Arturo Salazar Jr., regarding light pollution enveloping the City.
Cynthia Crouch, regarding parking congestion along Transit Street.
Kiniko Willingham, regarding sidewalk improvements and lack of accessible roads leading to Parkview Elementary School.
Sterling Fox Cerda, regarding parking congestion near the Ontario Arts District.
Mayor Leon called upon the first speaker:
Bill Short, spoke regarding safety concerns at Brooks Street.
Carlos Chavez, spoke regarding a personal matter involving the Inland Valley Humane Society and the Ontario Police Department.
Alan Kaitz, spoke regarding community safety and the homeless population.
Brandy, spoke regarding a personal matter involving her family's living conditions.
Rafael Adame-Cano, spoke on the need to enhance better communication between patients and doctors.
Enrique Flores-Guerra, spoke regarding an open invitation to the Hispanic Chamber of Commerce's Cinco de Mayo event.
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REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
AGENDA REVIEW/ANNOUNCEMENTS
City Attorney Duran conveyed that there were minor changes to Item No. 22. The revisions focus on the purchase and sale agreement and the Resolution itself. There were three revisions pertaining to the purchase and sale agreement. The first revision involves the addition of subsection (c) to Section 6 of the agreement. The second revision amends subsection 9(b) to include introductory language. The third revision amends sub- paragraph (a) of Section 10 by correcting several grammatical errors and removing the final sentence of the paragraph. There were two revisions pertaining to the Resolution.
The first revision added a new Section 6 related to a Declaration of Exempt Surplus Land.
The second revision re-numbered the previously existing Section 6 to Section 7.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Mayor pro Tem Porada absent, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of April 2, 2024 and study session on April 5, 2024, and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Approved Bills March 29, 2024 through April 18, 2024, in the amount of $27,754,644.80, and Payroll March 24, 2024 through April 6, 2024 in the amount of $5,109,514.62.
3. ACCEPT A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES
DISTRICT AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN
INDUSTRIAL SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES The City Council considered and:
A. Accepted a written petition from DPIF3 CA 36 ONTARIO RANCH, LLC ("Landowner"), to create a Community Facilities District ("CFD) and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and
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B. Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services), 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, June 18, 2024.
RESOLUTION NO. 2024-024 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN.
4. A PROFESSIONAL SERVICES AGREEMENT FOR HAZARDOUS MATERIALS
COLLECTION AND DISPOSAL SERVICES WITH GRAYMAR ENVIRONMENTAL SERVICES, INC.
The City Council authorized the City Manager, or his designee, to execute a General Services Agreement for up to five years with GrayMar Environmental Services, Inc. located in Moses Lake, Washington, for Hazardous Materials Collection and Disposal Collection Services, for an amount not-to-exceed $2,271,500.
5. A RESOLUTION APPROVING FIRE DEPARTMENT CLASSIFICATIONS BE
ADDED TO THE CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM The City Council adopted a Resolution approving additional Fire Department classifications to the terms and conditions for Fire Department responses to the California Fire and Rescue Mutual Aid System requests to assist State of California and Federal Fire agencies ("outside emergency support").
RESOLUTION NO. 2024-025 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE TERMS AND CONDITIONS
FOR FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT.
6. AUTHORIZE THE PURCHASE OF WI-FI EQUIPMENT, INSTALLATION, AND
SUPPORT WITH SMARTWAVE TECHNOLOGIES, LLC AS PART OF THE
CITYWIDE WI-FI EXPANSION AND REFRESH PROJECT
The City Council authorized the City Manager, or his designee, to execute the purchase of equipment, installation, and support with SmartWave Technologies, LLC, of Alpharetta, Georgia, in an amount not-to-exceed $450,000. 213
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7. AN AMENDMENT TO THE SERVICE ORDER WITH CARAHSOFT FOR THE
QUALTRICS EX FOUNDATIONAL SOFTWARE
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Service Order with Carahsoft, of Reston, Virginia, for the use of Qualtrics CoreX EX Foundational software module in the amount of $86,079, with the unilateral option to extend the Service Order for up to one successive one-year period (Fiscal Year 2025-26) at a cost of $90,383, for a total not-exceed amount of $276,225 consistent with City Council approved budgets.
8. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SLIM'S
KEY SHOP FOR THE PROCUREMENT OF KEYS AND LOCKSMITH SERVICES The City Council authorized the City Manager, or his designee, to execute Amendment No. 3 to the Goods and Services Agreement with Slim's Key Shop, of Rancho Cucamonga, California, in the amount of $70,000, for a total not-to-exceed contract amount of $219,000, and to extend the term to June 30, 2025, for the procurement of key and locksmith services.
9. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD The City Council took the following actions:
A. Awarded Bid No. 1765 and authorized the purchase and delivery of two (2) Ford F-250 Pickup Trucks from Peoria Ford, of Peoria, Arizona, in the amount of $196,961, plus a 10% contingency of $19,696 for a total amount not-to- exceed of $216,657 for the Fire Department; and
B. Awarded Bid No. 1767 and authorize the purchase and delivery of six (6) Ford Explorer XLT Sport Utility Vehicles (SUVs) from Peoria Ford, of Peoria, Arizona, in the amount of $317,337 plus a 10% contingency of $31,734 for a total amount not-to-exceed of $349,071 for the Fire Department.
10. APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF
UNDERSTANDING FOR THE ONTARIO POLICE MANAGEMENT GROUP IN
ACCORDANCE WITH MODIFICATIONS REQUIRED BY CALPERS
The City Council adopted a Resolution to approve a side letter amending the City of Ontario ('City") and Ontario Police Management Group ("OPMG") Memorandum of Understanding from July 1, 2023 to June 30, 2027 in accordance with modifications required by the California Public Employees Retirement System (CalPERS) to ensure that pension benefits are properly calculated.
RESOLUTION NO. 2024-026 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A SIDE LETTER AMENDING THE
MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ONTARIO POLICE MANAGEMENT GROUP.
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11. APPROVAL OF AMENDED COMPENSATION AND BENEFITS PROFILE FOR
THE DEPARTMENT HEAD EMPLOYEE GROUP IN ACCORDANCE WITH
MODIFICATIONS REQUIRED BY CALPERS
The City Council adopted a Resolution to approve an amended Compensation and Benefits Profile (Profile) for the Department Head Group in accordance with modifications required by the California Public Employees Retirement System (CALPERS) to ensure that pension benefits are properly calculated.
RESOLUTION NO. 2024-027 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN AMENDED COMPENSATION
AND BENEFITS PROFILE FOR EMPLOYEES IN THE DEPARTMENT HEAD GROUP.
12. A RESOLUTION APPROVING AND ADOPTING THE CITY OF ONTARIO'S 2024
EMERGENCY OPERATIONS PLAN
The City Council adopted a Resolution approving the City of Ontario's 2024 Emergency Operations Plan (EOP) update in accordance with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).
RESOLUTION NO. 2024-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE 2024 EMERGENCY OPERATIONS PLAN.
13. A MAINTENANCE SERVICES AGREEMENT WITH SUPERIOR PAVEMENT
MARKINGS FOR THERMOPLASTIC TRAFFIC MARKING SERVICES
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. SM 2024-2 with Superior Pavement Markings, of Cypress, California, to provide thermoplastic traffic marking services in an amount of $95,000 per year for a three-year term, for a total contract amount not-to-exceed $285,000; and
B. Authorized the City Manager, or his designee, to execute the optional two (2) one-year extensions to the Maintenance Services Agreement in a total not- to-exceed amount of $475,000 consistent with future budgets adopted by the City Council.
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14. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"), HOME INVESTMENT PARTNERSHIPS ("НОМЕ"), AND EMERGENCY SOLUTIONS GRANT ("ESG") PROGRAMS FOR FISCAL YEAR 2024-25
The City Council took the following actions:
A. Approved the One-Year Action Plan for Fiscal Year 2024-25 for the Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), and Emergency Solutions Grant ("ESG") Programs (on file in the Records Management Department);
B. Directed Staff to prepare and transmit the final documents to the U.S.
Department of Housing and Urban Development ("HUD"); and C. Authorized the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan for Fiscal Year 2024-25 and Subrecipient Agreements.
15. GOODS AND EQUIPMENT PURCHASE AGREEMENTS WITH SIERRA CONTAINER GROUP AND MCLAUGHLIN WASTE EQUIPMENT, INC. FOR 32, 64, AND 96 GALLON AUTOMATED CONTAINERS AND COMMERCIAL
COLLECTION BINS
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with Sierra Container Group, of Ocala, Florida, for 32, 64, and 96 Gallon Automated Containers for a total contract amount not-to-exceed $4,500,000 for up to five (5) years; and B. Authorized the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc., of Lockeford, California, for Commercial Collection Bins for a total contract amount not-to-exceed $5,000,000 for up to five (5) years.
16. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR ON-CALL DOOR AND GATE
MAINTENANCE AND REPAIR SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1, exercising the optional two (2) one-year extensions to the Maintenance Services Agreement with South Coast Industrial Door, Inc., of Corona, California, in the amount of $225,000, for a total not-to-exceed contract amount of $850,000. If the City desires to exercise the second option year, the total contract not-to-exceed amount will be $1,075,000.
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17. PURCHASE OF ADDITIONAL SOFTWARE LICENSES WITH WORKDAY, ING.
The City Council authorized the City Manager, or his designee, to execute the purchase of additional software licenses with Workday, Inc., of Pleasanton, California, for a total not-to-exceed amount of $154,570.
18. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH
WESTERN ALLIED CORPORATION FOR ON-CALL HEATING, VENTILATION,
AND AIR CONDITIONING (HVAC) MAINTENANCE AND REPAIR SERVICES The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 exercising the optional two (2) one-year extensions to the Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for on-call heating, ventilation and air conditioning (HVAC) maintenance and repair services in the amount of $600,000, for a total not-to-exceed contract amount of $2, 160,000 for the first option year. If the City desires to exercise the second option year, the total not-to-exceed contract amount will be $2,760,000.
19. A WATER PURCHASE AND STORAGE LETTER AGREEMENT BETWEEN THE
CITY OF ONTARIO AND WESTERN MUNICIPAL WATER DISTRICT
The City Council authorized the City Manager, or his designee, to execute a Water Purchase and Storage Letter Agreement with Western Municipal Water District (Western Water), located in Riverside, California, for the sale of 3,000 acre-feet of existing groundwater in the Chino Basin in the amount of $2,331,000.
20. PROCLAMATION OF MAY 18, 2024 AS KIDS TO PARKS DAY
The City Council proclaimed May 18, 2024 as Kids to Parks Day in the City of Ontario.
PUBLIC HEARING
21. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO
DESIGNATE PORTIONS OF D STREET, PLUM AVENUE, CHERRY AVENUE
AND SULTANA AVENUE AS A RESIDENTIAL PERMIT PARKING ZONE The City Council conducted a Public Hearing and adopted a Resolution to designate portions of D Street, Plum Avenue, Cherry Avenue, and Sultana Avenue as a residential permit parking zone for the benefit of adjacent residences.
RESOLUTION NO. 2024-029 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE DESIGNATION OF
PORTIONS OF D STREET, PLUM AVENUE, CHERRY AVENUE, AND SULTANA AVENUE AS RESIDENTIAL PERMIT PARKING ZONE.
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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 Leon opened the public hearing and inquired if anyone was interested in speaking to the item. There was one comment card, but it was retracked by the submitter. No other inquiries were made to address the item. Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Valenica and carried by a unanimous vote 4-0, with Mayor pro Tem Porada absent, to adopt Resolution No. 2024-029.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
22. RESOLUTIONS AUTHORIZING A LOAN AGREEMENT, A PURCHASE AND
SALE AGREEMENT FOR LAND PARCELS AND OTHER RELATED
DOCUMENTS BETWEEN THE CITY OF ONTARIO AND THE ONTARIO
INDUSTRIAL DEVELOPMENT AUTHORITY
The City Council and the Ontario Industrial Development Authority took the following actions:
A. Adopted a Resolution authorizing the execution and delivery of a loan agreement, a purchase and sale agreement for land parcels and other related documents in connection with providing a loan on behalf of the City's investing funds to the Ontario Industrial Development Authority for the purpose of releasing restrictive covenants imposed by the United States Federal Aviation Administration on certain properties owned by the City and to be purchased by the Authority.
B. The Board of Directors of the Ontario Industrial Development Authority adopted a Resolution authorizing the execution and delivery of a loan agreement, a purchase and sale agreement for land parcels and other related documents in connection with borrowing money from the lending funds of the City for the acquisition of real property from the City for the purpose of releasing restrictive covenants imposed by the United States Federal Aviation Administration on certain properties owned by the City and to be purchased by the Authority.
RESOLUTION NO. 2024-030 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY
OF A LOAN AGREEMENT, A PURCHASE AND SALE AGREEMENT FOR LAND PARCELS AND OTHER RELATED DOCUMENTS. IN CONNECTION WITH
PROVIDING A LOAN ON BEHALF OF ITS INVESTING FUNDS WITH THE
ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, THE SALE OF REAL PROPERTY AND CERTAIN OTHER ACTIONS RELATING THERETO.
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RESOLUTION NO. OIDA-59 A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ONTARIO INDUSTRIAL DEVELOPMENT AUTHORITY, OF THE CITY OF
ONTARIO, CALIFORNIA, AUTHORIZING EXECUTION AND DELIVERY OF A
LOAN AGREEMENT, A PURCHASE AND SALE AGREEMENT FOR LAND
PARCELS AND OTHER RELATED DOCUMENTS IN CONNECTION WITH THE
ACQUISITION OF REAL PROPERTY FROM THE CITY AND CERTAIN OTHER ACTIONS RELATING THERETO.
City Clerk Sheila Mautz announced there were no written communications.
Mayor Leon opened the opened the item for Council discussion.
MOTION: Moved by Council Member Bowman, seconded by Council Member Valenica and carried by a unanimous vote 4-0, with Mayor pro Tem Porada absent, to adopt Resolution No. 2024-030 and Resolution No. OIDA-59.
STAFF MATTERS:
City Manager Ochoa made no announcements.
COUNCIL MATTERS:
Council Member Valencia made no comments.
Council Member Bowman made no comments.
Council Member Wapner made no comments.
Mayor Leon asked consensus to adjourn the meeting in honor of his late mother-in-law.
Members of the Council agreed to adjourn in honor of Joyce Huyck.
ADJOURNMENT:
Mayor Leon adjourned the meetings of the Joint Agencies at 7:06 p.m. in memory of Joyce Huyck and announced the next regular meeting was scheduled for May 21, 2024.
Respectfully submitted,
Sheilas Mact
SHEILA MAUTZ, CITY CLERKISECRETARY
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APPROVED:
PAÚL S. LEON, MAYOR