227
ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY
MINUTES
June 4, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, June 4, 2024 at Ontario City Hall, 303 E. B Street Ontario, California.
OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:03 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Ruben Valencia ABSENT: Council/Authority Members: Jim W. Bowman
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 6:03 p.m. for discussion of the following:
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION:
Deanna Maclachlan v. City of Ontario, Superior Court of California, County of San Bernardino, Case No. CIV SB 2304275
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: APN: 0210-205-01; 4000 E. Ontario Center Parkway; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties: OTC Lot A Owner, LLC c/o Adept Urban; SMG. Under negotiation: Price and terms of payment. 228
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:30 p.m. for the regular session.
REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Wapner.
INVOCATION
The invocation was led by Pastor Victor Enoch Zesati of Victory Outreach Ontario Bilingual Church.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there was one written public comment:
Ishmael Alvarez, regarding complications with reporting potholes on the Ontario App.
Mayor Leon called upon the first speaker:
Rich Gentry, regarding RV storage parking.
Kim Flores, regarding zoning and potential City property acquisitions.
SPECIAL CEREMONIES
TWENTY-FOURTH ANNUAL MODEL COLONY AWARDS
The City Council presented the 2024 "Model Colony" Awards for Historic Preservation.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
Mayor Leon inquired if anyone was interested in speaking to the items on the Consent Calendar.
Tyler Haskall, spoke in opposition to Item 15.
Attorney Duran affirmed that should the City choose to authorize Item 15 they would be doing so within the boundaries of the law.
229
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0, to approve the Consent Calendar, with Council Member Bowman absent.
1. BILLS & PAYROLL
Approved bills May 3, 2024 through May 16, 2024, in the amount of $19,012,379.89, and Payroll April 21, 2024 through May 4, 2024 in the amount of $5,175,735.44.
2. A PROFESSIONAL SERVICES AGREEMENT WITH RAY KLEIN, INC. DBA
PROFESSIONAL CREDIT SERVICE FOR COLLECTION AGENCY SERVICES The City Council authorized the City Manager, or his designee, to execute a Professional Services Agreement with Ray Klein Inc., dba Professional Credit Service of Vancouver, Washington, to perform collection agency services for delinquent accounts for a period of three years, with two optional one-year extensions to continue providing collection agency services for various City Agencies.
3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AXON ENTERPRISE, INC. FOR THE ACQUISITION OF POLICE DEPARTMENT
FRONTLINE PATROL EQUIPMENT
The City Council authorized the City Manager, or his designee, to execute an Amendment to the Professional Services and Equipment Purchase Agreement with Axon Enterprise, Inc., of Scottsdale, Arizona, for the purchase of additional Fleet 3 advanced cameras for additional patrol units for a new total not-to-exceed contract amount of $9,780,670.
4. AUTHORIZE CHANGE ORDER NO. 3 TO THE CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN-BUILD
CONSTRUCTION SERVICES FOR THE CITY HALL PARKING STRUCTURE
PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Change Order No. 3 to the Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, for design-build construction services for the City Hall Parking Structure Project in the amount of $878,788 for a total not-to-exceed contract amount of $30,857,931; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to agreements, assessments, easements, lot line adjustments, reduction of retention accounts, contracts, and contract amendments within the authorization limits, and filing a notice of completion at the conclusion of all construction related activities.
230
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
5. A RESOLUTION APPROVING AN AMENDMENT TO THE CITY OF ONTARIO
LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council adopted a Resolution approving the 2024 Amendment to the "City of Ontario Local Guidelines for Implementing the California Environmental Quality Act (CEQA)".
RESOLUTION NO. 2024-035 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AMENDING AND ADOPTING LOCAL
GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §$ 21000 ET SEQ.).
6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20451
The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20451 located at the West side of Hamner Avenue, approximately 570 feet north of Eucalyptus Avenue, within the Esperanza Specific Plan.
RESOLUTION NO. 2024-036 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20451 LOCATED ON THE WEST SIDE OF HAMNER AVENUE, APPROXIMATELY 570 FEET NORTH OF EUCALYPTUS AVENUE.
7. A RESOLUTION ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
The City Council adopted a Resolution approving the Fiscal Year 2024-25 Project List for Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017.
RESOLUTION NO. 2024-037 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
8. AUTHORIZATION OF THE SALE OF A POLICE HELICOPTER
The City Council authorized the City Manager, or his designee, to execute the Aircraft Sales Agreement with a buyer of Canada, B.C., (on file with the Records Management Department) for the sale of the City's police helicopter identified by N10NT (Model H125B3) in the amount of $2,435,000 for disposition of this aircraft. 231
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
9. GOODS AND EQUIPMENT PURCHASE AGREEMENTS WITH ALL AMERICAN ASPHALT AND MANHOLE ADJUSTING, INC. FOR THE PROCUREMENT. OF
ASPHALT MATERIALS
The City Council authorized the City Manager, or his designee, to execute Maintenance Services Agreements for the procurement of asphalt materials with All American Asphalt, of Corona, California, for a total not-to-exceed contract amount of $5,932,712 for up to five years and Manhole Adjusting, Inc., of Pico Rivera, California, for a total not-to-exceed contract amount of $174,380 for up to tive years.
10. A CONSTRUCTION CONTRACT WITH GRBCON, INC. FOR THE EASEMENT
STORM DRAIN REPAIR PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Construction Contract with GRBCON, Inc., of Baldwin Park, California, for the Easement Storm Drain Repair Project in the amount of $707,191;
B. Authorized a 10% contingency of $70,719 to address any unforeseen issues that may arise during the construction for a total not-to-exceed contract amount of $777,910; and
C. 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.
11. A MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC. FOR CITYWIDE TREE MAINTENANCE SERVICES
The City Council authorized the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-15 with West Coast Arborist, Inc., of Anaheim, California, to provide Citywide Tree Maintenance Services for a total contract amount not-to- exceed $11,609,505 for up to five (5) years.
12. A MAINTENANCE SERVICES AGREEMENT WITH UNITED STORM WATER, INC. FOR CITYWIDE STORM DRAIN MAINTENANCE SERVICES
The City Council authorized the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. SM-2425 with United Storm Water, Inc., of Industry, California, to provide citywide Storm Drain Maintenance Services for a total contract amount not-to-exceed $640,290 for up to three years.
13. AWARD A CONSTRUCTION CONTRACT TO AWI BUILDERS, INC. FOR THE
FIRE ADMINISTRATION BUILDING
The City Council took the following actions:
232
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
A. Rejected S.J. Amoroso Construction Co., LLC's bid for the Fire Administration Building project as being non-responsive, and B. Authorized the City Manager, or his designee, to execute a Construction Contract with AWI Builders, Inc., of Burbank, California, to provide construction services for the D&C21-001A New Fire Administration Building in the amount of $31,665,595, and
C. Authorized a 15% contingency of $4,749,840, for a total not-to-exceed contract amount of $36,415,435; 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.
14. AN AMENDMENT TO THE ARCHITECTURAL DESIGN SERVICES AGREEMENT WITH PBK ARCHITECTS, INC. FOR FIRE STATION NO. 1 AND THE FIRE
ADMINISTRATION BUILDING
The City Council authorized the City Manager, or his designee, to execute Amendment No. 2 to the Architectural Design Services Agreement with PBK Architects, Inc., of Rancho Cucamonga, California, to provide additional architectural design of Fire Station No. 1 and Fire Administration Building in the amount of $70,720 for a total not-to-exceed contract amount of $3,759,720 and extend the agreement to June 30, 2026.
15. A MAINTENANCE SERVICES AGREEMENT WITH CMAX COMMERCIAL MAINTENANCE, INC. FOR CITYWIDE STREET SWEEPING SERVICES The City Council authorized the City Manager, or his designee, to execute a Maintenance Services Agreement for Citywide Street Sweeping Services with CMAX Commercial Maintenance, Inc. (CMAX), of Ontario, California, for a total contract amount not-to-exceed $66,412,963 for up to 15 years.
16. AUTHORIZE THE PURCHASE OF A LIVE FIRE SIMULATOR PROP WITH DRAEGER, INC. FOR THE ONTARIO FIRE DEPARTMENT
The City Council authorized the City Manager, or his designee, to execute the urchase of a live fire simulation prop from Draeger, Inc., of Telford, PA, in a mount not-to-exceed $728.262
233
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
17. MAINTENANCE SERVICES AGREEMENTS WITH PRIORITY LANDSCAPE SERVICES, LLC., MERCHANTS LANDSCAPE SERVICES, INC., AND
BRIGHTVIEW LANDSCAPE SERVICES, LANDSCAPE
MAINTENANCE SERVICES FOR FORMER REDEVELOPMENT SITES,
HOUSING AND GAS TAX FUNDED SITES, WATER WELL SITES, AND CERTAIN
PARKWAYS, FIRE STATIONS, AND LANDSCAPE MEDIANS IN THE OLD
MODEL COLONY
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Maintenance Services Agreement for Contract No. PM 2425-03 Former Redevelopment Sites for Landscape Maintenance Services with Priority Landscape Services, LLC., of Anaheim, California, for a total contract amount not-to-exceed $1,066,454 for up to five (5) years, and
B. Authorized the City Manager, or his designee, to execute a Construction Contract with AWI Builders, Inc., of Burbank, California, to provide construction services for the D&C21-001A New Fire Administration Building in the amount of $31,665,595, and
C. Authorized a 15% contingency of $4,749,840, for a total not-to-exceed contract amount of $36,415,435; 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.
18. A PROFESSIONAL SERVICES AGREEMENT FOR LEGAL CONSULTING SERVICES WITH RICHARD D. JONES DBA JONES MAYER
The City Council authorized the City Manager, or his designee, to execute a Professional Services Agreement with Richard D. Jones, a Professional Law Corporation, dba Jones Mayer, of Fullerton, CA, for legal consulting services for a total not-to-exceed contract amount of $375,000.
19. DESIGN SERVICES AGREEMENTS FOR ON-CALL WATER AND SEWER
ENGINEERING SERVICES
The City Council approved the three-year Design Services Agreements with six firms to provide On-Call Water and Sewer Engineering Services in the amount of $200,000 per year for a three-year total not-to-exceed amount of $600,000 for each firm, and authorized the City Manager, or his designee, to execute said Agreements and future amendments within the authorized limits.
234
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
20. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL PROJECT
MANAGEMENT SERVICES
The City Council approved three-year Professional Services Agreements with five irms to provide On-Call Project Management Services in the amount of $200,000 er year for a three-year total not-to-exceed amount of $600,000 for each firm; anc authorized the City Manager, or his designee, to execute said Agreements and future amendments within the authorized limits.
21. A CONTINGENCY INCREASE TO THE CONSTRUCTION CONTRACT WITH JAMES FOWLER CO. AND AN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PETRA GEOSCIENCES INC. FOR
GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR UT1046 SAN ANTONIO TRANSMISSION WATER MAIN PHASE 2 PROJECT
A. Authorized the City Manager, or his designee, to increase the Construction Contract contingency with James Fowler Co., of Dallas, Oregon, in the amount of $399,763, increasing the overall construction contingency from 10% ($799,526) to 15% ($1,199,288), for a new total not-to-exceed contract authorization of $9, 194,544.
B. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Petra Geosciences, Inc., of Costa Mesa, California, to amend the Agreement by $241,269 for a new total not-to-exceed amount of $498,444, and a term from October 29, 2022, to September 30, 2024.
22. A MAINTENANCE SERVICES AGREEMENT WITH UBICQUIA, INC., FOR
SMART CITY STREETLIGHT CONTROL SYSTEM SERVICES
The City Council authorized the City Manager, or his designee, to execute a Maintenance Services Agreement with Ubicquia, Inc., of Fort Lauderdale, Florida, to provide Smart Streetlight Monitoring Software and Data Retention Services for a total contract amount not- to-exceed $470,000 for up to five (5) years.
23. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CALIFORNIA PPE RECON. INC. FOR RENTAL AND MAINTENANCE OF PERSONAL PROTECTIVE EQUIPMENT FOR. THE ONTARIO FIRE
DEPARTMENT
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Goods and Services Agreement with California PPE Recon.
Inc., of Riverside, California for rental and maintenance of personal protective equipment (PPE) to increase the current contract by $85,000, plus a 10% contingency for a new not to exceed amount of $247,500 per contract year, for a total contract amount not to exceed $1,237,500.
235
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
24. A COST SHARING AGREEMENT WITH CHAFFEY JOINT UNION HIGH SCHOOL
DISTRICT FOR SCHOOL RESOURCE OFFICERS
The City Council authorized the City Manager, or his designee, to execute a Cost Sharing Agreement with the Chaffey Joint Union High School District for three School Resource Officers for a total revenue amount of $1,381,163
25. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC., FOR THE DOWNTOWN A1 BLOCK
PRESERVATION PROJECT DESIGN
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 5 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Newport Beach, California, in the amount of $147,300 for a total not-to-exceed $706,600; 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.
PUBLIC HEARINGS
26. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE
FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF
AN ORDINANCE LEVYING SPECIAL TAXES
The City Council took the following actions:
A. Adopted a Resolution of Formation of Community Facilities District No. 65 (Falloncrest), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established
B. Adopted a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 65 (Falloncrest); C. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 65 (Falloncrest);
D. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 65 (Falloncrest); and 236
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
F. Adopted a Resolution authorizing the execution and delivery of an acquisition and funding agreement with Lennar Homes of California, LLC, a California limited liability company.
RESOLUTION NO. 2024-038 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES_DISTRICT NO. 65 (FALLONCREST), PROPOSING
THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A
SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.
RESOLUTION NO. 2024-039 A RESOLUTION OF THE CITY COUNCIL OF THE
ONTARIO COMMUNITY FACILITIES DISTRICT NO SALON RESO
INCUR BONDED INDEBTEDNESS).
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, City Clerk Mautz continued the proceedings.
City Clerk Mautz acknowledged the City's compliance with the San Bernardino County Registrar of Voters as well as confirming the report on the establishment of the CFD No. 65 (Falloncrest) has been received.
MOTION: Moved by Council Member Wapner, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution Nos. 2024-038 and 2024-39.
RESOLUTION NO. 2024-040 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONGREST).
RESOLUTION NO. 2024-041 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN.
City Clerk Mautz acknowledged the City's compliance with the San Bernardino County Registrar of Voters as well as confirming the report on the establishment of the CFD No. 65 (Falloncrest) has been received.
City Clerk Mautz announced the results of the ballots with both ballots being in favor of the action.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications. 237
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
Mayor Leon inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0, to adopt both Resolution No. 2024-040 and Resolution No. 2024-041, and with Council Member Bowman absent.
ORDINANCE NO. 3274 (FIRST READING) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST). • RESOLUTION NO. 2024-042 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ACQUISITION AND FUNDING AGREEMENT WITH LENNAR HOMES OF CALIFORNIA, LLC.
MOTION: Moved by Mayor pro TemPorada, seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to introduce Ordinance No. 3274 and to adopt Resolution No. 2024-042.
27. A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF
NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 301 NORTH EUCLID
AVENUE FOR THE GRANADA THEATER REVITALIZATION PROJECT
The City Council conducted a public hearing and adopted a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at 301 North Euclid Avenue, more particularly described as Assessor Parcel No. 1048-566-07 (the Property), is necessary for the rehabilitation of the Historic Granada Theater.
Associate attorney Mark A. Easter provided an overview of the legal proceedings.
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 inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained council discussion.
MOTION: A vocal roll call was conducted. Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2024-043.
28. A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE TO
IMPLEMENT MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE
RESIDENTIAL OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, FILE NO. PDCA24-001
238
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
The City Council took the following actions:
A. Considered and waived further reading of an Urgency Ordinance amending the reterence document section of the City's Development Code.
3. Considered and adopted a Resolution to implement Objective Development and Design Standards for multiple-family and mixed-use residentia development.
URGENCY ORDINANCE NO. 3275 AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO PDCA24-001 AMENDING THE REFERENCE DOCUMENT SECTION OF THE
ONTARIO DEVELOPMENT CODE, TO AUTHORIZE OBJECTIVE
DEVELOPMENT AND DESIGN STANDARDS FOR MULTIPLE-FAMILY AND
MIXED-USE DEVELOPMENT, AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
RESOLUTION NO. 2024-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA24-001
IMPLEMENTING THE OBJECTIVE DEVELOPMENT AND DESIGN STANDARDS
FOR MULTIPLE-FAMILY AND MIXED-USE DEVELOPMENT, AND FINDING THE ACTION TO BE EXEMPT FROM CEQA.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Lory Masonis in opposition to the item.
Mayor Leon inquired whether other persons were present who wished to speak to the item. Hearing no one else, Mayor Leon entertained council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Urgency Ordinance No. 3275 and Resolution No. 2024-044.
29. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES) SPECIAL TAX BONDS, SERIES 2024 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. 35 (Countryside Phase 2 South-Facilities) Special Tax Bonds, Series 2024 (the "Bonds"), in an aggregate principal amount not-to-exceed $12.5 million, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement, a Continuing Disclosure Agreement and an Amended and Restated Acquisition 239
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
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 Countryside Phase 2 South - Facilities project and the Ontario Ranch development;
D. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, an Amended and Restated Acquisition and Funding 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. 2024-045 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES) SPECIAL TAX BONDS, SERIES 2024, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $12,500,000,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A BOND
PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND
AN AMENDED AND RESTATED ACQUISITION AND FUNDING AGREEMENT,
AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN
CONNECTION THEREWITH AND AUTHORIZING THE EXECUTION OF
NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.
RESOLUTION NO. 2024-046 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 inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained Council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution Nos. 2024-045 and 2024-046.
240
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
30. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING ARTICLE 22 (VALET PARKING) TO CHAPTER 6 (TRAFFIC) OF TITLE 4 (PUBLIC SAFETY) OF THE ONTARIO MUNICIPAL
CODE, ESTABLISHING REGULATIONS RELATING TO VALET PARKING The City Council introduced an Ordinance adding Article 22 (Valet Parking to Chapter 6 (Traffic) of Title 4 (Public Safety) and amending Section 4-6.1202 of the Ontario Municipal Code, establishing regulations to valet parking.
ORDINANCE NO. 3276 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING ARTICLE 22 (VALET PARKING) TO CHAPTER 6 (TRAFFIC) OF TITLE 4 (PUBLIC SAFETY) AND AMENDING SECTION 4-6.1202 OF THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS RELATING TO VALET PARKING.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was no written communication.
Mayor Leon inquired whether persons were present who wished to speak to the item. Hearing no one, Mayor Leon entertained council discussion.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Wapner and carried by a unanimous vote 4-0, to introduce Ordinance No. 3276, and with Council Member Bowman absent.
STAFF MATTERS:
City Manager Ochoa made no announcements.
COUNCIL MATTERS:
Council Member Valencia had no comments.
Council Member Wapner had no comments.
Department Tor their cala orative et this as wei for Dement onto ins community events.
Mayor Leon thanked the community for the outpour of emotional support directed at his wife and family.
ADJOURNMENT:
Mayor Leon adjourned the meetings of the Joint Agencies at 7:26 p.m. and announced the next regular meeting was scheduled for June 18, 2024. 241
Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes - June 4, 2024
Respectfully submitted,
SHEILA MAUTZ, (
APPROVED:
PAUL S. LEON, MAYOR