Agenda packet — Ontario City Council, June 18, 2024 (part 1 of 4)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JUNE 18, 2024
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 Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20240618 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 and Housing 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

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: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76, 0110-321-77; 2350-2630 East Inland Empire Boulevard; Ikea Property, Inc; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ikea Property, Inc. Under negotiation: Price and terms of payment.

PLEDGE OF ALLEGIANCE
Mayor pro Tem Porada

INVOCATION
Mario Tavera, Alpha and Omega Ministries

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES

COMMUNITY IMPROVEMENT PROPERTY RECOGNITION PROGRAM AWARDS

That the City Council present the Community Improvement Property Recognition Awards to the selected recipients.

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing 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.

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

1. APPROVAL OF MINUTES

ATTACHMENT:

20240507 Meeting Minutes (Not Official Until Approved)

ATTACHMENT:

20240521 Meeting Minutes (Not Official Until Approved)

2. BILLS & PAYROLL

3. ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25 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 2 minutes.

Minutes for the regular meetings of the City Council, Housing Authority and Industrial Development Authority of May 7, 2024, and the regular meetings of the City Council, Housing Authority of May 21, 2024, and approving same as on ﬁle in the Records Management Department.

Bills May 17, 2024 through May 30, 2024, and Payroll May 5, 2024 through May 18, 2024.

That the City Council consider and adopt:

A
.

Resolution ordering the preparation of the Assessment Engineer's Reports for proceedings for the annual assessment levy within Ontario Parkway Maintenance Assessment District (OPMAD) Nos. 1, 2, 3 and 4;
B
.

Resolution approving the Assessment Engineer's Reports for the annual levy of assessments within OPMAD Nos. 1, 2, 3 and 4; and
C
.

Resolution for OPMAD Nos. 1, 2 and 3, and
Resolution for OPMAD No. 4, declaring the
City’s intention to provide for an annual levy and collection of assessments for Fiscal Year 2024-25 and set the date of July 16, 2024, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,

FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING ITS CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

OPMAD Levy^01 EXH A.pdf

ATTACHMENT:

OPMAD Levy^02 Vicinity Maps.pdf

ATTACHMENT:

OPMAD Levy 03 RESO - Ordering Engineer Report^RESO^RM

ATTACHMENT:

OPMAD Levy 04 RESO - Approving Engineer Report^RESO^RM

ATTACHMENT:

OPMAD Levy 05 RESO - Intention to Levy 1, 2 and 3^RESO^RM

ATTACHMENT:

OPMAD Levy 06 RESO - Intention to Levy 4^RESO^RM

4. ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2024-25

INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND

HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING ITS

INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS

CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

That the City Council consider and adopt:

A
.

Resolution ordering the preparation of the Assessment Engineer’s Reports for proceedings for the annual assessment levy within Street Lighting Maintenance District (SLMD) Nos. 1 and 2;
B
.

Resolution approving the Assessment Engineer's Reports for the annual levy of assessments within SLMD Nos. 1 and 2; and
C
.

Resolution for each district declaring the City’s intention to provide for an annual levy and collection of assessments for Fiscal Year 2024-25 and set the date of July 16, 2024, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

FOR PROCEEDINGS FOR THE ANNUAL ASSESSMENT LEVY WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2024-25.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR 2024-25.

ATTACHMENT:

SLMD Levy^01 EXH A Levy Table.pdf

ATTACHMENT:

SLMD Levy^02 Vicinity Maps.pdf

ATTACHMENT:

SLMD Levy 03 RESO - Ordering Engineer Report^RESO^RM

ATTACHMENT:

SLMD Levy 04 RESO - Approving Engineer Report^RESO^RM.docx

ATTACHMENT:

SLMD Levy 05 RESO - Intention to Levy SLMD 1^RESO^RM

ATTACHMENT:

SLMD Levy 06 RESO - Intention to Levy SLMD 2^RESO^RM

5. RESOLUTIONS TO CALL AND GIVE NOTICE, CONSOLIDATE AND ADOPT REGULATIONS FOR CANDIDATE STATEMENTS FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2024

ATTACHMENT:

Calling for Holding a General Municipal Election^RESO^01^RM

INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS

CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DECLARING ITS

INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS

CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

That the City Council adopt the following Resolutions:

A
.

A Resolution to call and set the date of the General Municipal Election as November 5, 2024;
B
.

A Resolution to request the San Bernardino County Registrar of Voters to consolidate the election with the Presidential General Election; and
C
.

A Resolution establishing regulations pertaining to Candidate Statements

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REQUESTING

THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, PURSUANT TO §10403 OF THE ELECTIONS CODE.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES

STATEMENT SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

Request to Consolidate a General Municipal Election^RESO^02^RM

ATTACHMENT:

Regulations for Candidate Statements^RESO^03^RM

6. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH GROUP DELTA FOR

MONITORING AND REPORTING SERVICES AND AN AMENDMENT TO THE LANDSCAPE

MAINTENANCE SERVICES AGREEMENT WITH NATURES IMAGE FOR THE MILL CREEK

WETLANDS FACILITY

ATTACHMENT:

02 - Group Delta - Amendment No. 1.pdf

ATTACHMENT:

02 - Natures Image - FY24-25 Amendment No.1.pdf

ATTACHMENT:

Exhibit A - FY Breakdown.pdf

7. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20587, LOCATED NEAR THE NORTHEAST CORNER OF EUCLID AVENUE AND 6TH STREET

ATTACHMENT:

20240618 Parcel Map 20587 01^RESO^RM

ATTACHMENT:

20240618 Parcel Map 20587 02 EXH A.pdf

8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST)
That the City Council take the following actions:

A
.

Approve and authorize the City Manager, or his designee, to execute an amendment with Group Delta Consultants, Inc. of Irvine, California, in the amount of $151,544 for Fiscal Year 2024-25 Adopted Budget and extend the agreement for up to three additional years with future amendments consistent with City Council approved budgets up to a total ﬁve-year not-to-exceed amount of $716,474 to provide professional monitoring and reporting services for the Mill Creek Wetlands facility; and B
.

Approve and authorize the City Manager, or his designee, to execute an amendment with Natures Image of Lake Forest, California, in the amount of $425,146 for Fiscal Year 2024-25 Adopted Budget and extend the agreement for up to three additional years with future amendments consistent with City Council approved budgets up to a total ﬁve-year not-to-exceed amount of $2,315,380 to provide landscape maintenance services for the Mill Creek Wetlands facility.

That the City Council adopt a Resolution approving Final Parcel Map No. 20587 located near the northeast corner of Euclid Avenue and 6th Street.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20587, LOCATED NEAR THE NORTHEAST CORNER OF EUCLID AVENUE AND 6TH STREET.

That the City Council consider and adopt an Ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 65 (Falloncrest).

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

CC 8 CFD 65 Falloncrest 01^ORD^RM

9. A CONSTRUCTION CONTRACT WITH MAMCO, INC. AND AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON-CALL

GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR THE SULTANA AVENUE STORM

DRAIN, STREET, AND SEWER IMPROVEMENT PROJECTS

ATTACHMENT:

03 - EXHIBIT A Location Map.pdf

ATTACHMENT:

02 - Mamco Contract.pdf

ATTACHMENT:

01 - Kleinfelder Amendment No. 6.pdf

10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ECLIPSE PRINTING

AND GRAPHICS, LLC DBA JAMES LITHO, FOR PRINTING SERVICES

ATTACHMENT:

James Litho Contract Amendment.pdf

11. DESIGN SERVICES AGREEMENTS FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 65 (FALLONCREST).

That the City Council take the following actions:

A
.

Award a Construction Contract with Mamco, Inc. dba Alabbasi of Perris, California, for the Sultana Avenue Storm Drain, Street and Sewer Improvement Project in the amount of
$16,939,393 plus a ten percent (10%) contingency of $1,693,939 for a total of $18,633,332
and authorize the City Manager, or his designee, to execute said contract and all related documents, ﬁle a notice of completion at the conclusion of all construction activities; and
B
.

Approve Amendment No. 6 to the Professional Services Agreement with Kleinfelder, Inc. of Ontario, California, to provide on-call geotechnical and material testing services for the Sultana Avenue Storm Drain, Street, and Sewer Improvement Projects in the amount of $334,756 for a revised not-to-exceed total of $1,351,242; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

That the City Council authorizes the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Eclipse Printing and Graphics, LLC dba James Litho in the amount of $100,000 for a total not-to-exceed contract amount of $300,000 and extend the contract term to June 30, 2026.

That the City Council authorize the City Manager, or his designee, to execute the following three-year Agreements for on-call Landscape Architectural Services for a total compensation amount of $1,000,000 over three (3) years and extend the agreements for up to two (2) additional one-year periods:

A
.

A Design Services Agreement with Community Works Design Group, Inc., of Riverside, California, for a total contract amount not-to-exceed $300,000; B
.

A Design Services Agreement with Gruen Associates, of Los Angeles, California, for CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

Model Design Services Agreement_Withers.pdf

ATTACHMENT:

Model Design Services Agreement_RJM.pdf

ATTACHMENT:

Model Design Services Agreement_Gruen.pdf

ATTACHMENT:

Model Design Services Agreement_Community Works 5.30.24.pdf

ATTACHMENT:

As-Needed Professional Services Agreement _ 6.11.24.pdf

12. A MAINTENANCE SERVICES AGREEMENT WITH GUARANTEED JANITORIAL SERVICES, INC.

FOR CUSTODIAL MAINTENANCE SERVICES AT VARIOUS CITYWIDE LOCATIONS

ATTACHMENT:

MSA Custodial Maintenance Services.pdf

13. A GOODS AND SERVICES AGREEMENT WITH CONSOLIDATED ELECTRICAL DISTRIBUTORS

FOR THE PURCHASE OF STREETLIGHT POLES AND LUMINARIES

ATTACHMENT:

GSA Streetlight Poles, Luminaries - CED.pdf

14. A GOODS AND SERVICES AGREEMENT WITH SCP DISTRIBUTORS, LLC DBA LINCOLN

AQUATICS FOR THE PURCHASE OF SWIMMING POOL CHEMICALS

ATTACHMENT:

GSA Swimming Pool Chemical SCP Distributors.pdf

15. A PROFESSIONAL SERVICES AGREEMENT WITH WEST YOST & ASSOCIATES INC. FOR ON-

CALL CROSS-CONNECTION INSPECTION AND TESTING SERVICES
a total contract amount not-to-exceed $100,000;
C
.

A Design Services Agreement with RJM Design Group, Inc., of San Juan Capistrano, California, for a total contract amount not-to-exceed $250,000; D
.

An As-Needed Professional Consultant Services Agreement (subject to minor revisions, if any, approved or directed by the City Attorney) with SWA Group of Laguna Beach, California, for a total contract amount not-to-exceed $100,000; and E
.

A Design Services Agreement with Withers & Sandgren, Ltd., of Chatsworth, California, for a total contract amount not-to-exceed $250,000.

That the City Council authorize the City Manager or his designee to execute a Maintenance Services Agreement with Guaranteed Janitorial Services, Inc., of Chino, California, to provide Custodial Maintenance Services for a total contract amount not-to-exceed $1,888,790 for up to five (5) years.

That the City Council authorize the City Manager or his designee to execute a Goods and Services Agreement with Consolidated Electrical Distributors, of Ontario, California, for a total contract amount not-to-exceed $1,398,485 for up to five (5) years.

That the City Council authorize the City Manager, or his designee, to execute a Goods and Services Agreement with SCP Distributors, LLC dba Lincoln Aquatics, of Concord, California, for a total contract amount not-to-exceed $500,000 for up to five (5) years.

That the City Council approve and authorize the City Manager, or designee, to execute a one- year Professional Services Agreement with West Yost & Associates Inc., of Davis, California, for on-call cross-connection inspection and testing services in the amount of $250,000 for Fiscal Year 2024-25, with the option to extend the Agreement for up to four successive one-year periods (Fiscal Year 2025-26 to Fiscal Year 2028-29), with up to a 5% increase per Fiscal Year, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

202406018 PSA with West Yost AGMT^01.pdf

16. A PROFESSIONAL SERVICES AGREEMENT WITH NOSSAMAN LLP FOR LEGAL AND

TECHNICAL SERVICES PERTAINING TO WATER AND WASTEWATER MATTERS

17. A RESOLUTION APPROVING FIRE DEPARTMENT CLASSIFICATIONS BE ADDED TO THE

CALIFORNIA FIRE AND RESCUE MUTUAL AID SYSTEM

ATTACHMENT:

Fire Resources to CFAA Resolution - Amendment^RESO^RM

18. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES); AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES for a total not-to-exceed amount of $1,250,000.

That the City Council approve and authorize the City Manager, or designee, to execute a two- year Professional Services Agreement with Nossaman LLP of Los Angeles, California, on ﬁle with the Records Management Department, for legal and technical services relating to water supply, water rights, and wastewater matters in the amount of $1,200,000 for FY 2024-25 and $1,200,000 for FY 2025-26 for a total not-to-exceed contract amount of $2,400,000, and a term from July 1, 2024 thru June 30, 2026.

That the City Council adopt 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.

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.

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.

Each member of the public wishing to address the City Council on Public Hearing items will be given a total of 2 minutes.

That the City Council consider and:

A
.

Adopt a Resolution of Formation of Community Facilities District No. 68 (Rich Haven Industrial Services), proposing that the community facilities district be authorized to levy CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

CFD 68 Rich Haven Industrial Services 01 Resolution
Formation^01^RESO^RM.doc

ATTACHMENT:

CFD 68 Rich Haven Industrial Services^01A RMA EXH B.pdf

ATTACHMENT:

CFD 68 Rich Haven Industrial Services 02 Resolution Calling Election^02^RESO^RM.doc

ATTACHMENT:

CFD 68 Rich Haven Industrial Services 03 Resolution Declaring Election^03^RESO^RM

ATTACHMENT:

CFD 68 Rich Haven Industrial Services 04^ORD^RM

19. A PUBLIC HEARING TO CONSIDER AN ORDINANCE ADOPTING A DEVELOPMENT CODE AMENDMENT ESTABLISHING HISTORIC PRESERVATION - ADAPTIVE REUSE PLANS, FILE NO.

PDCA24-002
a special tax and proposing that an appropriations limit of the community facilities district be established;
B
.

Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services);
C
.

Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and
D
.

Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 68 (Rich Haven Industrial Services).

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES), PROPOSING THAT THE COMMUNITY

FACILITIES DISTRICT BE AUTHORIZED TO LEVY A SPECIAL TAX AND PROPOSING

THAT AN APPRPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES).

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.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, LEVYING A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 68 (RICH HAVEN INDUSTRIAL SERVICES).

That the City Council introduce and waive further reading of the Ordinance Approving File No.

PDCA24-002, a Development Code Amendment revising Table 2.02-1: Reviewing Matrix of Chapter 2 (Administration and Procedures) to include the Fire Marshal as an Approving Authority, and Chapters 4 (Permits Actions and Decision) and 7 (Historic Preservation) to establish Historic Preservation - Adaptive Reuse Plan of the City of Ontario Development Code.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11

ATTACHMENT:

File No. PDCA24-002^01 AR Attach A.docx

ATTACHMENT:

20240618 File No. PDCA24-002 ^PC Back-up.pdf

ATTACHMENT:

File No. PDCA24-002^02^ORD^RM

ATTACHMENT:

File No. PDCA24-002^03 Ordinance Attach A- clean.docx

20. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-010) BETWEEN THE CITY OF ONTARIO AND

SL ONTARIO DEVELOPMENT COMPANY, LLC

ATTACHMENT:

File_No._PDA21-010_SL Ontario Development Co. LLC_01 EXH A&B.pdf

ATTACHMENT:

20240618 File No. PDA21-010^PC Back-up.pdf

ATTACHMENT:

File No. PDA21-010 SL Ontario Development Co. LLC^02^ORD^RM

ATTACHMENT:

File_No._PDA21-010_SL Ontario Development
Co._LLC_03_DEV_AGR.doc

21. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER FACILITIES) SPECIAL TAX BONDS, SERIES 2024 AND RELATED MATTERS
FILE NO. PDCA24-002, A DEVELOPMENT CODE AMENDMENT REVISING TABLE 2.02-1:

REVIEWING MATRIX OF CHAPTER 2 (ADMINISTRATION AND PROCEDURES) TO INCLUDE THE FIRE MARSHAL AS AN APPROVING AUTHORITY, AND CHAPTERS 4 (PERMITS ACTIONS AND DECISION) AND 7 (HISTORIC PRESERVATION) TO ESTABLISH HISTORIC PRESERVATION-

ADAPTIVE REUSE PLAN OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA21-010) between the City of Ontario and SL Ontario Development Company, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-010, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND SL

ONTARIO DEVELOPMENT COMPANY LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20562 (FILE NO. PMTT22-022), A 62.69 ACRE

PROPERTY, LOCATED AT THE SOUTHEAST CORNER OF EUCALYPTUS AVENUE AND HAVEN AVENUE, WITHIN PLANNING AREA 32 (MIXED-RESIDENTIAL) AND PLANNING AREA 34 (SCHOOL) OF THE SUBAREA 29 SPECIFIC PLAN. (FILE NO. PSPA21-005), (APNS: 1073-171-04, 1073-171-08, 1073-171-09 AND 1073-171-10).

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council take the following actions:

A
.

Consider and adopt a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 66 (Olive and Oleander Facilities) Special Tax Bonds, Series 2024, in an aggregate principal amount not-to-exceed $12 million, authorizing the execution and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

ATTACHMENT:

CFD 66 Olive and Oleander Facilities 01 Authorizing the Issuance of Bonds 01^RESO^RM

ATTACHMENT:

CFD 66 Olive and Oleander Facilities 02 Declaration Intent to Reimburse Facilities Expenditures 02^RESO^RM
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, authorizing the execution of necessary documents and certificates and related actions; B
.

Consider and adopt a Resolution of the City of Ontario making a declaration of oﬃcial intent to reimburse facilities expenditures with bond proceeds and related actions; C
.

Authorize the issuance of special tax bonds for public improvements required to facilitate the development of the Olive and Oleander Facilities project and the Ontario Ranch development;
D
.

Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, the Amended and Restated Acquisition and Funding Agreement, and the Preliminary Official Statement;
E
.

Authorize 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
.

Authorize 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.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 66 (OLIVE AND OLEANDER FACILITIES) SPECIAL TAX BONDS, SERIES 2024, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $12,000,000, 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.

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.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Porada
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13 Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 14 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) June 18, 2024
ROLL CALL: Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APNs: 0110-321-29, 0110-321-74, 0110-321-75, 0110-321-76, 0110-321-77; 2350-2630 East Inland Empire Boulevard; Ikea Property, Inc; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: Ikea Property, Inc. Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
15 Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No:

SUBJECT:

COMMUNITY IMPROVEMENT PROPERTY RECOGNITION PROGRAM AWARDS

CITY OF ONTARIO
Agenda Report
June 18, 2024
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council present the Community Improvement Property Recognition Awards to the selected recipients.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Community Improvement Department developed the Property Recognition Program to acknowledge residential property owners who have demonstrated outstanding maintenance or signiﬁcant improvement to their properties and celebrate their dedication to beautifying Ontario and building better neighborhoods. The Neighborhood Action Team, comprised of Staﬀ from various City Departments, considered each category and chose the following recipients:

Award Name
Property Address
Property Owner
Outstanding Property Award
225 West J Street
Nhung Thanh
Bettendorf Family Trust
Outstanding Property Award
902 South Palm Avenue
Silvestre Hernandez
Outstanding Property Award
803 West Yale Street
Maribel Lopez-Tyus
Living Trust
Outstanding Property Award
607 East 4th Street
Edward Lopez
Outstanding Property Award
124 West Caroline Court
Fierro Ramos Trust

16 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY/

INDUSTRIAL DEVELOPMENT AUTHORITY

MINUTES
May 7, 2024
(Not Official Until Approved)
(Not Official Until Approved)

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 17 Ontario City Council/Ontario Housing Authority/
Industrial Development Authority
Regular Meeting Minutes – May 7, 2024

Page 2 of 11 ends

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.
18 Ontario City Council/Ontario Housing Authority/
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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. 20 Ontario City Council/Ontario Housing Authority/
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Regular Meeting Minutes – May 7, 2024

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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 CoreXM 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.
21 Ontario City Council/Ontario Housing Authority/
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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.
22 Ontario City Council/Ontario Housing Authority/
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14. ONE-YEAR ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”), HOME INVESTMENT PARTNERSHIPS (“HOME”), 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.
23 Ontario City Council/Ontario Housing Authority/
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17. PURCHASE OF ADDITIONAL SOFTWARE LICENSES WITH WORKDAY, INC.

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.
24 Ontario City Council/Ontario Housing Authority/
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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.
25 Ontario City Council/Ontario Housing Authority/
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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,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
26 Ontario City Council/Ontario Housing Authority/
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APPROVED:
_____________________________________
PAUL S. LEON, MAYOR
27 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
May 21, 2024
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, May 21, 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 6:33 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Jim W. Bowman
ABSENT: Council/Authority Members: Alan D. Wapner, and Ruben Valencia

Also present were City Manager / Executive Director Scott Ochoa, Assistant City Attorney/Legal Counsel Ryan Guiboa, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Debra Porada.

INVOCATION
The invocation was led by Bishop Scott Costello of The Church of Jesus Christ of Latter- Day Saints.

SPECIAL CEREMONIES

PROCLAMATION OF THE ONTARIO MUSEUM OF HISTORY & ART AS AN

ACCREDITED MUSEUM
Museum, Arts and Culture Director Marissa Kucheck provided a presentation regarding an overview of the American Alliance of Museums accreditation process. 28 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 2 of 7 ends

The City Council proclaimed the Ontario Museum of History & Art as an accredited museum.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were five written public comments:

Arianna Harrison, regarding financial divestment from the State of Israel.

Brandy Rodriguez, regarding a personal matter involving her apartment manager.

Karen Hydanus, regarding the homeless population near Mountain Avenue and G Street.

Mario R. Perez, regarding parking violations and vehicle congestion.

Niko Willingham, regarding a miscommunication during her visit to City Hall on May 8th.

Mayor Leon called upon the first speaker:

Ana Castello, spoke regarding street cleaning and parking congestion.

Karen Haughey, spoke regarding County Supervisor Curt Hagman’s upcoming community events.

Brandy Rodriguez, spoke regarding a personal matter involving her apartment manager.

Karen May, spoke regarding an overview on Thrive Inland SoCal.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa made no announcements.

CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 3-0, to approve the Consent Calendar, and with Council Members Wapner and Valencia absent.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of April 16, 2024, and approving same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills April 19, 2024 through May 2, 2024, in the amount of $19,611,960.00, and Payroll April 7, 2024 through April 20, 2024 in the amount of $5,130,542.69. 29 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 3 of 7 ends

3. ACCEPT WRITTEN PETITIONS TO CREATE A COMMUNITY FACILITIES DISTRICT; ADOPT A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES; AND ADOPT A

RESOLUTION DECLARING IT NECESSARY TO INCUR BONDED

INDEBTEDNESS
The City Council considered and:

A. Accepted written petitions from LS-Ontario II LLC, AG EHC II (LSEA) CA 2, L.P., and Landsea Homes of California LLC (“Landowners”) to create a Community Facilities District and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982;
B. Authorized a 5% contingency of $10,750 per year for one (1) year to address any unforeseen issues that may arise for a total not-to-exceed contract amount of $225,750; and
C. Adopted a Resolution Declaring it Necessary for City of Ontario Community Facilities District No. 71 (Neuhouse Phase 2) to Incur Bonded Indebtedness.

RESOLUTION NO. 2024-031 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. 71 (NEUHOUSE PHASE 2) AND TO AUTHORIZE THE LEVY OF SPECIAL TAX THEREIN.

RESOLUTION NO. 2024-032 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, DECLARING IT NECESSARY FOR THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 71 (NEUHOUSE PHASE 2) TO INCUR BONDED INDEBTEDNESS.

4. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT

FOR RAILROAD PURPOSES
The City Council adopted a Resolution ordering the summary vacation of an easement for railroad purposes located east of Cucamonga Avenue and north of Francis Street.

RESOLUTION NO. 2024-033 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF

AN EASEMENT FOR RAILROAD PURPOSES LOCATED EAST OF
CUCAMONGA AVENUE AND NORTH OF FRANCIS STREET.

5. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20599 LOCATED AT

THE NORTHWEST AND NORTHEAST CORNERS OF DUESENBERG DRIVE

AND CONCOURS STREET
30 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 4 of 7 ends

The City Council adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20599 located at the northwest and northeast corners of Duesenberg Drive and Concours Street.

RESOLUTION NO. 2024-034 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20599

LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF

DUESNBERG DRIVE AND CONCOURS STREET

6. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ON-

CALL PROJECT MANAGEMENT SERVICES, AND AN AMENDMENT TO A

DESIGN SERVICES AGREEMENT FOR THE SULTANA AVENUE STORM

DRAIN, STREET, AND SEWER IMPROVEMENT PROJECTS
The City Council took the following actions:

A. Approved Amendment No. 7 to the Professional Services Agreement with AKM Consulting Engineers of Irvine, California, to provide construction management and inspection services for the Sultana Avenue Storm Drain, Street, and Sewer Improvement Projects in the amount of $353,850 for a revised not-to-exceed total of $1,026,549.44; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the Authorization limits.

B. Approved Amendment No. 2 to the Design Services Agreement for the Sultana Avenue Storm Drain and Street Improvements Project with Infrastructure Engineering Corporation of Poway, California, to provide additional utility coordination, sewer improvement plan implementation, and construction support in the amount of $201,600 for a revised not-to-exceed total of $1,014,205; and authorized the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits.

7. A QUITCLAIM DEED WITH LENNAR HOMES OF CALIFORNIA, LLC FOR LOT A AND LOT C OF FINAL PARCEL MAP NO. 19787
The City Council authorized the City Manager, or his designee, to execute a Quitclaim Deed to Lennar Homes of California, LLC, for fee title ownership transfer of Lot A and Lot C of Parcel Map 19787.

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH COMMUNICATIONS & MEDIA MANAGEMENT CONSULTANTS, INC. FOR

CITYWIDE MARKETING, COMMUNICATIONS, MITIGATION AND PUBLIC

RELATIONS CONSULTING SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Communications & 31 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 5 of 7 ends

Media Management Consultants, Inc. (CMMC), of Santa Clarita, California, for the provision of citywide marketing, communications, mitigation, and public relations consulting services, in the amount of $120,000, for a total not-to-exceed contract amount of $190,000, and to extend the term to June 30, 2025.

9. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH HP
COMMUNICATIONS, INC. FOR ON-CALL FIBER CONDUIT AND CABLE

INSTALLATION
The City Council authorized Change Order No.1 to Construction Contract No. BB- 2022-001 with HP Communications, Inc. of Corona, California, for on-call citywide ﬁber conduit installation services, in the amount of $274,071 for a revised total of $8,274,071; and authorized the City Manager, or his designee, to execute said Contract and future amendments within the authorization limits.

10. A PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP FOR THE

PREPARATION OF DESIGN AND CONSTRUCTION DOCUMENTS FOR THE

GRAND PARK PROJECT
The City Council took the following actions:

A. Authorized the City Manager, or his designee, to execute a Professional Services Agreement with SWA Group, of Laguna Beach, California, for the preparation of the design and construction documents for the Grand Park Project for a total not-to-exceed contract amount of $5,972,996; 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.

PUBLIC HEARING

11. 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
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications or protests.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Mayor Leon conveyed the need for additional time to review the infrastructure improvement list, costs and funding agreement associated with the 32 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 6 of 7 ends

proposed Community Facilities District No. 65 (Falloncrest).

Mayor Leon requested a motion to continue the public hearing to June 4, 2024.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 3-0, with Council Members Wapner and Valencia absent, to continue the public hearing to June 4, 2024.

12. 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
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication.

Loree Masonis, in opposition to the item.

Assistant City Attorney Ryan Guiboa remarked that the item requires a four-fifths of a vote because the item involved an Urgency Ordinance. As a result of two Council Members in absentia, Assistant City Attorney Ryan Guiboa suggested the Council move forward with opening the public hearing and continue the item to the June 4 th Council Meeting.

Mayor Leon opened the public hearing and entertained a motion to continue the item.

13. 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
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Assistant City Attorney Ryan Guiboa remarked that the item required four-fifths of a vote because the item involved Eminent Domain. As a result of two Council Members in absentia, Assistant City Attorney Guiboa suggested the Council move forward with opening the public hearing and continue the item to the June 4th Council Meeting.
33 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – May 21, 2024

Page 7 of 7 ends

Mayor Leon opened the public hearing and entertained a motion to continue the item.

STAFF MATTERS:

City Manager Ochoa made no announcements.

COUNCIL MATTERS:

Council Member Bowman made no comments.

Mayor pro Tem Porada made no comments.

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 7:04 p.m. and announced the next regular meeting was scheduled for June 4, 2024.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR
34 Department: Financial Services
Prepared By: Nathaniel Gibson
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

ANNUAL LEVY OF ASSESSMENTS WITHIN ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICT NOS. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25

CITY OF ONTARIO
Agenda Report
June 18, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt:

A
.

Resolution approving the Assessment Engineer's Reports for the annual levy of assessments within OPMAD Nos. 1, 2, 3 and 4; and
C
.

Resolution for OPMAD Nos. 1, 2 and 3, and
Resolution for OPMAD No. 4, declaring the City’s
intention to provide for an annual levy and collection of assessments for Fiscal Year 2024-25 and set the date of July 16, 2024, for a Public Hearing on each district in accordance with the Landscaping and Lighting Act of 1972.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

As proposed, the assessment revenue will generate approximately $665,668 from OPMAD Nos. 1, 2, 3, and 4 for Fiscal Year 2024-25. For OPMAD Nos. 1, 2, 3 (Zone 2000-1) the total estimated cost of $595,145 for administrative, operation and maintenance will exceed the
assessment revenues of $264,555 by $330,590.

The estimated diﬀerence of $330,590 will be funded
as a transfer-in from the General Fund.

The Fiscal Year 2024-25 Adopted Budget includes a funding transfer of $300,000. If additional funding is needed, it will be included in the next quarterly budget update. The assessment revenues for OPMAD No. 3 (Zone 2000-2) and OPMAD No.4 are suﬃcient to pay all expenses within the district.

BACKGROUND & ANALYSIS:

The ﬁrst of these districts was formed in 1976 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act). Additional territories are annexed to the districts from time to time as development proceeds. The districts were formed to help minimize 35 the continually increasing cost of maintaining and operating the landscaping along public streets where the property owners do not have direct access to the landscaping. An assessment is levied annually on beneﬁting properties for the cost of operation and maintenance of certain parkway landscaping facilities within the districts. The City’s Public Works Agency establishes the annual operation and maintenance costs and administers the maintenance of the landscaping. Annually, an Engineer’s Report for each district must be prepared which apportions these costs to each parcel within the districts. The locations of the districts are shown on the attached maps.

OPMAD Nos. 1, 2, and 3 are comprised of single-family residential developments. Due to varying characteristics, the districts are organized into beneﬁt zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives special direct beneﬁt. The total assessment for each maintenance area is then apportioned to its constituent parcels.

The assessment revenue from OPMAD Nos. 1, 2 and 3 will
generate a combined amount of $288,016. The assessed tax rates for Fiscal Year 2023-24, and the proposed and maximum tax rates for Fiscal Year 2024-25, are shown in Exhibit A.

OPMAD No. 4 is comprised of single-family residential tracts and the Ontario Mills development area. The district is organized into 6 maintenance areas. Each maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special beneﬁt. The total assessment for each maintenance area is then apportioned to its constituent parcels.

The
assessments for OPMAD No. 4 will generate a total of $377,652 and will generate suﬃcient revenue to pay all expenses within the district. The assessed tax rates for Fiscal Year 2023-24, and the maximum and proposed tax rates for Fiscal Year 2024-25, are shown in Exhibit A.

Pursuant to the 1972 Act, Engineer’s Reports have been prepared for each district and are on ﬁle with the Records Management Department. Each report includes plans and speciﬁcations for the improvements and maintenance, an estimate of costs, a diagram of the area proposed to be assessed (boundary and inventory map), and an assessment of the costs to the various parcels within each district.

A public hearing is required for each district prior to adoption of the proposed assessments. A combined public hearing will be held on July 16, 2024 for the purpose of accepting comments and written protests. At the conclusion of the public hearing, the City Council will consider adoption of Resolutions conﬁrming the assessments and ordering the levy of the assessments for Fiscal Year 2024-25. Notice of the public hearing for the levy of assessments will be published in the local newspaper, in accordance with the applicable statutes.
36 Prior Year Maximum Proposed
2023-24 2024-25 2024-25
OPMAD No. 1 $ 66.32 per Lot $ 66.32 per Lot $ 66.32 per Lot OPMAD No. 2 $ 34.04 per Lot $ 34.04 per Lot $ 34.04 per Lot OPMAD No. 3, Zone 2000-1 $ 41.29 per Lot $ 41.29 per Lot $ 41.29 per Lot OPMAD No. 3, Zone 2000-2 $ 201.81 per Lot $ 294.38 per Lot $ 207.62 per Lot Prior Year Maximum Proposed
2023-24 2024-25 2024-25
MA#99-1 $ 60.26 per Lot $ 71.63 per Lot $ 61.99 per Lot MA#99-2 $ 392.59 per Lot $ 451.83 per Lot $ 403.89 per Lot MA#99-3 $ 1,219.90 per Acre $ 1,622.43 per Acre $ 1,255.02 per Acre MA#00-1 $ 286.77 per Lot $ 444.99 per Lot $ 295.02 per Lot MA#04-1 $ 1,153.51 per Lot $ 2,834.50 per Lot $ 1,186.71 per Lot MA#05-1 $ 1,584.77 per Lot $ 3,513.51 per Lot $ 1,630.38 per Lot Exhibit A
Ontario Parkway Maintenance Assessment Districts 1, 2 & 3 Proposed Levy Rates FY 2024-25
Ontario Parkway Maintenance Assessment District 4
Proposed Levy Rates FY 2024-25
37 E PHILADELPHIA ST

S GROVE AV

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

W PHILLIPS ST

N ARCHIBALD AV

S VINEYARD AV

S BON VIEW AV

S SAN ANTONIO AV

N VINEYARD AV
N
G
R
O
VE
AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AV

S CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S CAMPUS AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

W PHILADELPHIA ST

N BENSON AV

N CUCAMONGA AV

N BAKER AV
S.R.-60 FWY E.B.

S PALMETTO AV

N PALMETTO AV
N
EU
CLID
AV

N TURNER AV

S TURNER AV

S HELLMAN AV

S BENSON AV

E PHILLIPS ST

W M IS S IO N B L

E MISSION BL

S CUCAMONGA AV

S WALKER AV
S.R.-60 FWY W.B.

Legend
Areas Maintained
Boundary of Area Assessed
. 0 0.750.38 Miles
Ontario Parkway Maintenance
District No. 1 Vicinity Map
38 E P H ILA D E L P H IA S T

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

E S IX T H S T

W PHILLIPS ST

N ARCHIBALD AV
S
BO
N
VIEW
AV

S SAN ANTONIO AV
N
VIN
EYAR
D
AV
N
G
R
O
VE
AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AVS CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S CAMPUS AV

S VINEYARD AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

W PHILADELPHIA ST

N BENSON AV

N CUCAMONGA AV

N BAKER AV

S PALMETTO AV

S GROVE AV
N
EU
C
LID
AV
S
EU
C
LID
AV

N TURNER AV

E EIGHTH ST

S TURNER AV

S HELLMAN AVS BENSON AV

E PHILLIPS ST

W MISSION BL

E MISSION BL

S CUCAMONGA AV

S WALKER AV

N HELLMAN AV
S.R.-60 FWY E.B. S.R.-60 FWY W.B.

Legend
Areas Maintained
Boundary of Area Assessed
. 0 0.950.47 Miles
Ontario Parkway Maintenance
District No. 2 Vicinity Map
39 E P H ILA D E L P H IA S T

S BON VIEW AV

S VINEYARD AV
S
EU
C
LID
AV

S BAKER AV

S CAMPUS AV

S SULTANA AV S GROVE AV

S TURNER AV

S CUCAMONGA AV

E WALNUT ST

S ARCHIBALD AV

S WALKER AV
S.R.-60 FWY E.B.

E CHINO AV

E M ISSIO N BL

S HELLMAN AV

E SCHAEFER AV

E RIVERSIDE DR
S.R.-60 FWY W.B.

Date: 5/8/2024
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California. For detailed descriptions of the lines
and dimensions of the parcels shown hereon.

Legend
Areas Maintained
Boundary of Zone 2000-1
. 0 0.550.28 Miles
Ontario Parkway Maintenance
District No. 3 Vicinity Map
40 E P H ILA D E L P H IA S T

E FOURTH ST

N SULTANA AV

S ARCHIBALD AV

W PHILLIPS ST

N ARCHIBALD AV
S
BO
N
VIEW
AV

S SAN ANTONIO AV
N
VIN
EYAR
D
AV
N
G
R
O
VE
AV

S CAMPUS AV

N CAMPUS AV

S SULTANA AV

S MOUNTAIN AVS CYPRESS AV

N SAN ANTONIO AV

W FOURTH ST

S VINEYARD AV

S TURNER AV

S BAKER AV

E WALNUT ST

N MOUNTAIN AV

N CUCAMONGA AV

S GROVE AV

N BAKER AV

S PALMETTO AV
N
EU
C
LID
AV
S
EU
C
LID
AV

W PHILADELPHIA ST

N TURNER AV

S HELLMAN AV

E PHILLIPS ST

E RIVERSIDE DR

E MISSION BL

S CUCAMONGA AV

S WALKER AV
S.R.-60 FWY E.B. S.R.-60 FWY W.B.

W WALNUT AV
Date: 5/8/2024
Note: Reference is hereby made to the Maps of
the Assessor of the County of San Bernardino,
California. For detailed descriptions of the lines
and dimensions of the parcels shown hereon.Legend
Areas Maintained
MA - # Boundary and Maintenance Area #
. 0 0.850.42 Miles
Ontario Parkway Maintenance
District No. 4 Vicinity Map
41 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT
ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF

THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL

ASSESSMENT LEVY WITHIN ONTARIO PARKWAY MAINTENANCE
ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-

25. WHEREAS, the City Council of the City of Ontario, California, previously formed maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 (the “Districts”); and
WHEREAS, at this time the City Council desires to initiate proceedings to provide for the annual levy of assessments for the ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the fiscal year commencing July 1, 2024, and ending June 30, 2025; and WHEREAS, there has been submitted to this City Council for its consideration at this time, maps showing the boundaries of the area affected by the levy of the assessment for the above-referenced fiscal year, and inventory maps showing and describing in general the works of improvement proposed to be maintained in said Districts, said description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the maps entitled

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4

BOUNDARY AND INVENTORY MAPS
attached hereto, as submitted to this City Council, showing the boundaries of the proposed areas to be assessed and showing the works of improvement to be maintained, are hereby approved, and a copy thereof shall be on file in the Records Management Department and open to public inspection. The parcels and properties within said area 42 are those proposed to be assessed to pay the costs and expenses for said maintenance work.

SECTION 3. That the proposed maintenance work within the area proposed to be assessed shall be for certain landscaping and appurtenant improvements, as said maintenance work is set forth in the Reports to be presented to this City Council for consideration.

SECTION 4. That the Assessment Engineer, Harris & Associates, is hereby ordered to prepare and file with this City Council the Assessment Engineer’s Reports relating to said annual assessment and levy in accordance with the provisions of 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”).

SECTION 5. That upon completion, said Assessment Engineer’s Reports shall be filed with the City Clerk, who shall then submit the same to this City Council for its consideration pursuant to the Assessment Law.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
43 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held June 18, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held June 18, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
44 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S

REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN
ONTARIO PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 FOR FISCAL YEAR 2024-25.

WHEREAS, the City Council of the City of Ontario, California, pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), did, by previous Resolution, order the preparation of the Assessment Engineer’s Reports for the annual levy of assessments for the referenced Fiscal Year in the maintenance assessment districts known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2, 3 AND 4 (the “Districts”); and
WHEREAS, there has now been presented to this City Council the Assessment Engineer’s Reports as required by the Assessment Law and as previously directed by Resolution; and
WHEREAS, this City Council has now examined and reviewed the Assessment Engineer’s Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said Assessment Engineer’s Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Assessment Engineer’s Reports as presented, consisting of the following:

A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and the extent of such maintenance; B. An estimate of the cost of the maintenance of the improvements for the Districts for the referenced fiscal year;
C. A diagram for each District, showing the area and properties proposed to be assessed; and
45 D. An annual assessment for the referenced Fiscal Year of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the Districts in proportion to the special benefits received; are hereby approved on a preliminary basis and are ordered to be filed in the Records Management Department as a permanent record and to remain open to public inspection.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Assessment Engineer’s Reports.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
46 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
47 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2024-25 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICTS NO. 1, 2 AND 3, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF

THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed landscaping maintenance assessment districts pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California, in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICTS NO. 1, 2 AND 3 (hereinafter referred to as the Districts); and
WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said Districts; and
WHEREAS, at this time, there has been presented and approved by this City Council, the Engineer's Reports as required by law, and this City Council desires to conduct the proceedings for said annual levy.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to service and benefit said Districts as said area is shown and delineated on the maps as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Engineer’s Reports, incorporated herein as a part hereof.
48 REPORT
SECTION 3. That the Engineer’s Reports regarding the annual levy for said Districts, which Reports are for maintenance for said fiscal year, are hereby approved and are directed to be filed in the Records Management Department.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the Districts as set forth and described in said Engineer's Reports, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said Reports.

DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the maintenance of certain parkway landscaping and appurtenant improvements, as set forth in the Engineer's Reports, referenced and so incorporated herein.

COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and the County Tax Collector shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said Districts.

SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a special fund.

Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said fund as it may deem necessary to expedite the proceedings. Any such transfer shall be repaid out of the proceeds of the assessments provided for in this Resolution.

BOUNDARIES OF DISTRICTS
SECTION 8. Said contemplated maintenance work is in the opinion of this City Council, of direct benefit to the properties within the boundaries of the Districts, and this City Council makes the costs and expenses of said maintenance chargeable upon the Districts, which Districts said City Council hereby declares to be the Districts benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said Districts shall include each and every parcel of land within the boundaries of said Districts, as said Districts are shown on the maps as approved by this City Council and on file in the Records Management Department. 49 PUBLIC PROPERTY
SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2, of the Streets and Highways Code of the State of California, which are included within the boundaries of the Districts, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work.

PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 16th DAY OF JULY, 2024, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY PROPERTY

OWNERS AFFECTED HEREBY AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 16, 2024 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

SECTION 12. That this Resolution shall take effect immediately upon its adoption.

SECTION 13. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Claudia Hernandez
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2261
50 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
51 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
52 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2024-25 IN ONTARIO PARKWAY MAINTENANCE ASSESSMENT
DISTRICT NO. 4, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF

CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed a landscaping maintenance assessment district, and authorized the levy of assessments therein pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1972 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”) in what is known and designated as

CITY OF ONTARIO
PARKWAY MAINTENANCE ASSESSMENT DISTRICT NO. 4
(the “District”); and
WHEREAS, the City Council previously undertook proceedings as required by the Assessment Law to consider the approval of the levy of (a) maximum annual assessments to finance the estimated costs of the maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance thereof for maintenance, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessment may be adjusted annually for inflation, and (b) an initial annual assessment of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; and WHEREAS, upon the conclusion of the public hearing related to the proposed levy of the maximum annual assessments referred to in the preceding recital, the assessment ballots submitted in favor of the maximum annual assessments and the assessment ballots received in opposition to the levy of the maximum annual assessments were tabulated with assessment ballots weighted according to the proportional financial obligation of the affected properties; and
53 WHEREAS, as a result of the tabulation of the assessment ballots submitted, it was determined that the assessment ballots submitted, and not withdrawn, in favor of the proposed maximum annual assessment exceeded the assessment ballots submitted, and not withdrawn, in opposition to the levy of the maximum annual assessment; and WHEREAS, this City Council has initiated proceedings to provide for the annual levy of assessments for the referenced Fiscal Year, to finance the costs and expenses necessary for continual maintenance of improvements within said District; and WHEREAS, at this time, there has been presented and approved by this City Council, the Assessment Engineer’s Report as required by the Assessment Law, and this City Council desires to conduct the proceedings to authorize said annual levy; and WHEREAS, the proposed annual assessments for the referenced Fiscal Year as set forth in the Assessment Engineer’s Report do not exceed the maximum annual assessments as previously authorized to be levied and, therefore, the proposed levy of assessments for the referenced Fiscal Year are not deemed to be “increased” over the maximum annual assessments.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

RECITALS
SECTION 1. That the above recitals are all true and correct.

IMPROVEMENTS AND MAINTENANCE
SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of the improvements described below, all to service and specially benefit the properties within said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof.

The improvements to be maintained include the landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalks within designated medians, parkways, other public rights-of-way and dedicated easements specially benefiting the properties within the District.

The maintenance of such landscaping shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including:
(a) Repair, removal, or replacement of all or any part of any improvement; 54 (b) Providing for the life, growth, health, and beauty of the improvements, including cultivation, irrigation, trimming, spraying, fertilizing, and/or treating for disease and injury; and
(c) The removal of trimmings, rubbish, and debris.

The annual assessment for the referenced Fiscal Year shall be levied only for those improvements completed or projected to be completed and accepted by this City Council for maintenance prior to or during said Fiscal Year.

ASSESSMENT ENGINEER’S REPORT
SECTION 3. That the Assessment Engineer’s Report regarding the annual levy for said District, which Report is for maintenance for the said Fiscal Year, is hereby approved and is directed to be filed in the Records Management Department. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the District.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Assessment Engineer’s Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in the Assessment Engineer’s Report.

BOUNDARIES OF DISTRICT
SECTION 5. Said contemplated maintenance work is in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a District, which District said City Council hereby declares to be the District benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Records Management Department, and so designated by the name of the District.
55 PUBLIC HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 16th DAY OF JULY, 2024, AT THE HOUR OF 6:30 O'CLOCK P.M., IN

THE REGULAR MEETING OF THE CITY COUNCIL, BEING IN THE COUNCIL

CHAMBERS, WHICH IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR

THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNUAL

LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, BY ANY

INTERESTED PERSON AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION; PROVIDED, THAT, IN THE EVENT THE JULY 16, 2024 CITY COUNCIL

MEETING IS HELD VIA TELECONFERENCE AND/OR VIDEO CONFERENCE ONLY,

THE MEANS BY WHICH THE PUBLIC MAY OBSERVE SUCH PUBLIC HEARING AND

OFFER PUBLIC COMMENT SHALL BE PRESCRIBED IN THE NOTICE AND AGENDA FOR SUCH CITY COUNCIL MEETING. ANY PERSONS WHO WISH TO OBJECT TO

THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST

WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.

NOTICE
SECTION 7. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a copy of this Resolution in the INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation within said City, said publication shall be made one time and not less than ten (10) days before the date set for the Public Hearing.

EFFECTIVE DATE OF RESOLUTION
SECTION 8. That this Resolution shall take effect immediately upon its adoption.

PROCEEDING INQUIRIES
SECTION 9. For any and all information relating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated:

Claudia Hernandez
City of Ontario
303 East “B” Street
Ontario, California 91764
(909) 395-2261
The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
56 PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
57 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
58 Department: Financial Services
Prepared By: Nathaniel Gibson
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

ANNUAL LEVY OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR FISCAL YEAR 2024-25

CITY OF ONTARIO
Agenda Report
June 18, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt:

A
.

Resolution ordering the preparation of the Assessment Engineer’s Reports for proceedings for the annual assessment levy within Street Lighting Maintenance District (SLMD) Nos. 1 and 2;
B
.

Resolution approving the Assessment Engineer's Reports for the annual levy of assessments within SLMD Nos. 1 and 2; and
C
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

As proposed, special assessment revenue will be generated in the amount of $350,101 from SLMD No. 1 and $104,778 from SLMD No. 2 during Fiscal Year 2024-25. A portion of the facilities within SLMD No. 1 provide a general beneﬁt to the public at large and cannot be funded with the assessment. The amount of the general beneﬁt is $6,771. This amount will be provided from the General Fund and will be included in the Fiscal Year 2024-25 Budget.

BACKGROUND & ANALYSIS:

Street Lighting Maintenance District No. 1 was formed in 1984, and Street Lighting Maintenance District No. 2 was formed in 1999, pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act), to help minimize the continually increasing cost for maintaining and operating the City's street lighting system. A special assessment is levied annually on beneﬁting properties for the cost of maintenance and operation of certain street lighting facilities within the districts. The locations of the districts are shown on the attached maps.

59 The City’s Public Works Agency establishes the annual maintenance costs and maintains the street lighting system. An Engineer’s Report for each district must be prepared annually, apportioning the costs to each parcel within the districts. The districts are comprised of commercial, industrial and some multi-family residential properties. Due to varying characteristics, the districts are organized into beneﬁt zones and/or maintenance areas. Each zone/maintenance area is assessed for only the operation and maintenance of the facilities from which it receives direct special beneﬁt. The total assessment for each zone/maintenance area is then apportioned to its constituent parcels.

Therefore, the assessments are unique and specific to each individual parcel of property.

In 2021, the City contracted with Harris and Associates to perform a Capital Replacement Study for SLMD Nos. 1 and 2. The study established a capital replacement plan to determine the funding requirement for upcoming upgrades and normal replacement cycles. The capital replacement cost for Fiscal Year 2024-25 is $275,043 and was
apportioned as follows: $171,457 for SLMD No. 1 (Zone
2000-1); $27,154 for SLMD No. 1 (Zone 2000-2); and $76,432 for SLMD No. 2.

The total assessment during Fiscal Year 2023-24 was $339,815 in SLMD No. 1, and $102,417 in SLMD No. 2. The City’s proposed Fiscal Year 2024-25 assessment for the two street light maintenance districts is based on the previous year’s actual expenses. The proposed total assessments for Fiscal Year 2024-25 are $350,101 in SLMD No. 1, and $104,778 in SLMD No. 2. A portion of the facilities within SLMD No. 1 provide general beneﬁt to the public at large and cannot be funded with the assessment. The amount of this general beneﬁt is $6,771 for Fiscal Year 2024-

25. The general beneﬁt will rely on a General Fund subsidy and is included in the City's adopted budget for Fiscal Year 2024-25. The assessed tax rates for Fiscal Year 2023-24, and the proposed and maximum tax rates for Fiscal Year 2024-25, are shown in Exhibit A.

Pursuant to the 1972 Act, Engineer’s Reports have been prepared for each district, and are on ﬁle with the Records Management Department. Each report includes plans and speciﬁcations for the improvements being operated and maintained, an estimate of costs, a diagram of the area proposed to be assessed (boundary and inventory map), and an assessment of the costs to the various parcels within the districts.

A public hearing is required for each district prior to adoption of the proposed assessments. A combined public hearing will be held on July 16, 2024, for the purpose of accepting comments and written protests for both districts. At the conclusion of the public hearing the City Council will consider adoption of Resolutions conﬁrming the assessments and ordering the levy of the assessments for Fiscal Year 2024-25. Notice of the public hearing for the levy of assessments will be published in the local newspaper, in accordance with the applicable statutes. 60 Prior Year Maximum Proposed
2023-24 2024-25 2024-25
SLMD No. 1, Zone 2000-1 per AU 116.00$ 190.00$ 119.00$
SLMD No. 1, Zone 2000-2 per AU 67.00$ 156.00$ 69.00$
SLMD No. 2, MA# 99-1 4,677.00$ 13,571.00$ 3,895.00$
SLMD No. 2, MA# 99-2 2,503.00$ 6,748.00$ 2,498.00$
SLMD No. 2, MA# 99-3 5,006.00$ 11,246.00$ 4,389.00$
SLMD No. 2, MA# 99-4 1,642.00$ 4,504.00$ 1,638.00$
SLMD No. 2, MA# 99-5 1,376.00$ 4,222.00$ 2,387.00$
SLMD No. 2, MA# 99-6 13,483.00$ 39,410.00$ 14,158.00$
SLMD No. 2, MA# 99-7 453.00$ 1,219.00$ 945.00$
SLMD No. 2, MA# 99-8 3,338.00$ 8,997.00$ 3,330.00$
SLMD No. 2, MA# 00-1 3,046.00$ 4,140.00$ 3,862.00$
SLMD No. 2, MA# 00-2 1,668.00$ 2,762.00$ 1,665.00$
SLMD No. 2, MA# 00-3 9,174.00$ 15,181.00$ 9,155.00$
SLMD No. 2, MA# 00-4 56,053.00$ 86,929.00$ 56,856.00$
Street Light Maintenance Districts Proposed Levy Rates FY 2024-25

EXHIBIT A
61 S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 24-25\SLMD 1\SLMD 1 - 2024 Vicinity Map.mxd !
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# Safety Light (339)
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Zone 2000-1
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.

Date: 4/30/2024
Street Light Maintenance District No.1
Vicinity Map
Note: Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.
62 S:\Engineering\Traffic & Transportation\Traffic Engineering\Research and General Inquiries\Street Light Maintenance District Count Request\FY 24-25\SLMD 2\SLMD 2 - 2024 Vicinity Map.mxd

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Legend
# Safety Light (19)
! Conventional (134)
Maintenance District 2
.

Date: 4/30/2024
Street Light Maintenance District No. 2
Vicinity Map
Note: Reference is hereby made to the
Maps of The Assessor of the County of
San Berndardino, California, for a detailed
description of the lines and dimensions
of the parcels shown hereon.
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63 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ORDERING THE PREPARATION OF THE ASSESSMENT
ENGINEER’S REPORTS PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF

THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR THE ANNUAL

ASSESSMENT LEVY WITHIN ONTARIO STREET LIGHTING
MAINTENANCE DISTRICTS NO. 1 AND NO. 2 FOR FISCAL YEAR
2024-25.

WHEREAS, the City Council of the City of Ontario, California, previously formed maintenance districts pursuant to the terms and provisions of the “Landscaping and Lighting Act of 1972,” being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2
(the “Districts”); and
WHEREAS, at this time the City Council desires to initiate proceedings to provide for the annual levy of assessments for the referenced Fiscal Year to provide for the annual costs for maintenance of improvements within the Districts; and WHEREAS, the proceedings for the annual levy of assessments shall relate to the Fiscal Year commencing July 1, 2024, and ending June 30, 2025; and WHEREAS, there has been submitted to this City Council for its consideration at this time, maps showing the boundaries of the areas affected by the levy of the assessments for the above-referenced Fiscal Year, and inventory maps showing and describing in general the works of improvement proposed to be maintained in said Districts, said description being sufficient to identify the works of improvement and the areas proposed to be assessed for said maintenance thereof.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the maps entitled

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2

BOUNDARY MAP AND INVENTORY MAPS
attached hereto, as submitted to this City Council, showing the boundaries of the proposed areas to be assessed and showing the works of improvement to be maintained, are hereby approved, and a copy thereof shall be on file in the Records Management 64 Department and open to public inspection. The proposed parcels and properties within said areas are those to be assessed to pay the costs and expenses for said maintenance work.

SECTION 3. That the proposed maintenance work within the areas proposed to be assessed shall be for street lighting and signal and appurtenant improvements, as said maintenance work is set forth in the Reports to be presented to this City Council for consideration.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
65 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
66 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER’S

REPORTS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN
ONTARIO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1
AND NO. 2 FOR FISCAL YEAR 2024-25.

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 2
(the “Districts”); and
WHEREAS, there has now been presented to this City Council the Assessment Engineer’s Reports as required by the Assessment Law and as previously directed by Resolution; and
WHEREAS, this City Council has now examined and reviewed the Assessment Engineer’s Reports as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments on a preliminary basis, have been assessed in accordance with the special benefits received from the improvements to be maintained, as set forth in said Assessment Engineer’s Reports.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the Assessment Engineer’s Reports as presented, consisting of the following:

A. Plans and specifications describing the general nature, location, and extent of the improvements to be maintained and the extent of such maintenance for each District;
B. An estimate of the cost of the maintenance of the improvements for each District for the referenced Fiscal Year;
67 C. A diagram for each District, showing the area and properties proposed to be assessed; and
D. An annual assessment within each District for the referenced Fiscal Year of the estimated costs of the maintenance of those improvements to be maintained during such Fiscal Year, assessing the net amount upon all assessable lots and/or parcels within each District in proportion to the special benefits received;
are hereby approved on a preliminary basis and are ordered to be filed in the Records Management Department as a permanent record and to remain open to public inspection.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Assessment Engineer’s Reports.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 18th day of June, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
68 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
69 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN

ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
FISCAL YEAR 2024-25 IN ONTARIO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF

CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THEREON.

WHEREAS, the City Council of the City of Ontario, California, has previously formed a street lighting maintenance assessment district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2, of the Streets and Highways Code of the State of California (the “1972 Act”), in what is known and designated as

CITY OF ONTARIO
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
(hereinafter referred to as the District); and
WHEREAS, the City Council has previously undertaken proceedings as required by the 1972 Act, Article XIIID of the Constitution of the State of California (“Article XIIID”), and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act and, together with the 1972 Act and Article XIIID, the “Assessment Law”) to approve and has approved the levy of maximum annual assessments to finance the estimated costs of the maintenance of all of the improvements to be maintained, assessing the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefits received; together with a formula pursuant to which such maximum assessments may be adjusted annually for inflation; and WHEREAS, at this time, this City Council desires to conduct proceedings to provide for the annual levy of assessments for the referenced Fiscal Year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and
WHEREAS, at this time, there has been presented and approved by this City Council, the Engineer's Report as required by law, and this City Council desires to conduct the proceedings for said annual levy; and
WHEREAS, the proposed annual assessments for the referenced Fiscal Year as set forth in the Assessment Engineer’s Report do not exceed the maximum annual assessments as previously authorized to be levied and, therefore, the proposed levy of assessments for the referenced Fiscal Year are not deemed to be “increased” over the maximum annual assessments.
70 NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annual levy and collection of special assessments for the continual maintenance of certain improvements, all to service and specially benefit said District as said area is shown and delineated on the maps as previously approved by this City Council and on file in the Records Management Department, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the Engineer’s Report, incorporated herein as a part hereof.

REPORT
SECTION 3. That the Engineer’s Report regarding the annual levy for said District, which Report is for maintenance for said Fiscal Year, is hereby approved and is directed to be filed in the Records Management Department. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundaries of the District and the zones therein, and the proposed assessments on assessable lots and parcels of land within the District.

ASSESSMENT
SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's Report, and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said Report.

DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting and appurtenant improvements, as set forth in the Engineer's Report, referenced and so incorporated herein.

BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work is in the opinion of this City Council, of special benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon the District, which District said City Council hereby declares to be the District specially benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the boundaries of said District, as said District is shown on the maps as approved by this City Council and on file in the Records Management Department.

PUBLIC HEARING
SECTION 9. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD THE 16th DAY OF JULY, 2024, AT THE HOUR OF 6:30 O'CLOCK P.M., IN