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ONTARIO CITY COUNCILI
ONTARIO HOUSING AUTHORITY/
ONTARIO PUBLIC FINANCING AUTHORITY
MINUTES
OCTOBER 1, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council, Housing Authority and Public Financing Authority were held on Tuesday, October 1, 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 6:15 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 (excused) 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 6:15 p.m. for discussion of the following:
GC 54956.9 (d)(2), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One Matter
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session. 336
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PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.
INVOCATION
The invocation was led by Senior Pastor Thomas Ontario Seventh-Day Adventist Church.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there was one written comment:
Nicole J. Ventress, regarding Justice for Joseph Anthony Benavente.
Mayor Leon called upon the first speaker:
Yvette, invited Council and residents to the San Secondo d'Asti in Ontario.
Brad Neumann, spoke on his personnel grievance.
Sabrina Robles, announced the Ontario Police Department's 3rd Annual Community Open House.
Fire Chief Michael Gerken, announced the Ontario Fire Department's Annual Open House.
AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced the need to move Public Hearing Item No. 19 to the regular meeting on October 15, 2024.
CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner, and carried by a unanimous vote 4-0 with Mayor pro Tem Porada absent, to approve the Consent Calendar.
1. APPROVAL OF MINUTES
Approved minutes for the regular meeting of the City Council and Housing Authority of September 3, 2024 and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
025125, 27.85, anu Payro 24 tust it, 2024 thou August August 24, 2024 in tot amount of $5,952,815.40.
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3. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT
FOR PUBLIC STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET
WEST OF MOUNTAIN AVENUE
The City Council adopted a Resolution ordering the summary vacation of an easement for public street and utility purposes located on Sixth Street west of Mountain Avenue.
RESOLUTION NO. 2024-165 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES LOCATED ON SIXTH STREET WEST OF MOUNTAIN AVENUE.
4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR LOT 1 OF TRACT MAP NO. 20316 LOCATED
AT THE NORTHWEST CORNER OF ARCHIBALD AVENUE AND EUCALYPTUS AVENUE
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Lot 1 of Tract Map No. 20316, located at the northwest corner of Archibald Avenue and Eucalyptus Avenue.
RESOLUTION NO. 2024-166 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT MAP NO. 20316
LOCATED AT THE NORTHWEST CORNER OF ARCHIBALD AVENUE AND EUCALYPTUS AVENUE.
5. A RESOLUTION ORDERING THE SUMMARY VACATION OF AN EASEMENT
FOR PUBLIC STORM DRAIN PURPOSES LOCATED NEAR THE SOUTHEAST
CORNER OF COMMERCE PARKWAY AND SANTA ANA STREET
The City Council adopted a Resolution ordering the summary vacation of an easement for public storm drain purposes located near the southeast corner of Commerce Parkway and Santa Ana Street.
RESOLUTION NO. 2024-167 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED NEAR THE
SOUTHEAST CORNER OF COMMERCE PARKWAY AND SANTA ANA STREET.
6. AN AMENDMENT TO THE MUNICIPAL SERVICES AGREEMENT BETWEEN
THE CITY OF ONTARIO AND THE ONTARIO INTERNATIONAL AIRPORT
AUTHORITY
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The City Council authorized the City Manager, or his designee, to execute an amendment to the Municipal Services Agreement between the City of Ontario and the Ontario International Airport Authority.
AN AMENDMENT TO A MAINTENANCE SERVICES AGREEMENT WITH BAY
ALARM COMPANY FOR BURGLARY ALARM SERVICES
The City Council approved and authorized the City Manager, or designee, to execute Amendment No. 10 to the Maintenance Services Agreement with Bay Alarm Company, of Concord, California, for a total not-to-exceed amount of $1,513,547, for the fire alarm system upgrade, and a term to June 30, 2025.
8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. FOR THE PROPOSED ADAPTIVE REUSE PROJECT AT 114-132 NORTH EUCLID AVENUE
The City Council authorized the City Manager, or his designee, to execute Amendment No. 7 to the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the Adaptive Reuse Project at 114-132 North Euclid Avenue in the amount of $120,000 for a total not-to-exceed contract amount of $926,600.
9. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH SAFE USA, INC. FOR CRACK SEALING SERVICES
The City Council authorized the City Manager, or his designee, to execute Amendment No. 3 to the Maintenance Services Agreement with Safe USA, Inc., of Ontario, California, for Contract No. SM1920-5 for crack sealing services in the amount of $116,100 for a total contract amount not-to-exceed $723,600 over the five-year term.
10. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE OMUC ENGINEERING
WORKSTATION PROJECT
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to complete and execute Amendment No. 6 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the Ontario Municipal Utilities Company (OMUC) Engineering Workstation Project in the amount of $3,788 for a total not-to-exceed contract amount of $175,957; and B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.
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11. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC.
FOR THE EMERGENCY DEMOLITION OF THE JAY LITTLETON BALLPARK AT 1076 N. GROVE AVE
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute Construction Contract No. D&C24-016 Jay Littleton Emergency Cleanup, Abatement, and Demolition with Resource Environmental, Inc., of Cerritos, California, for the emergency demolition and site clearance activities on City-owned property located at 1076 N. Grove Avenue in the amount of $991,970 plus a 10% contingency of $99,197 for a total not-to-exceed contract amount of $1,091,167; and
B. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts and filing a notice of completion at the conclusion of all construction related activities.
12. AN AMENDMENT TO THE AGREEMENT FOR SOLID WASTE PROCESSING
SERVICES WITH WEST VALLEY MRF, LLC FOR PROCUREMENT OF
RECOVERED ORGANIC WASTE PRODUCT
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Agreement for Solid Waste Processing Services with West Valley MRF, LLC (West Valley), a limited liability company duly formed and operating under the laws of the State of California and owned in whole or in part by Burrtec Waste Industries, Inc., a California corporation duly formed and operating under the laws of the State of California to provide procurement of Recovered Organic Waste Product in an amount not-to-exceed $1,200,000 over a four-year period.
13. A PROFESSIONAL SERVICES AGREEMENT WITH CAPO PROJECTS GROUP
FOR ON-CALL INTEGRATED PROJECT CONTROLS, ASSESSMENT AND
REPORTING SERVICES
The City Council approved and authorized the City Manager, or designee, to execute a three-year Professional Services Agreement with Capo Projects Group (CPG), of San Clemente, California, for On-Call Integrated Project Controls, Assessment and Reporting Services in the amount of $334,848 for Fiscal Year 2024-25 to Fiscal Year 2026-27, with the option to extend the term for up to two successive one-year periods (Fiscal Year 2027-28 to Fiscal Year 2028-29), with up to a one-time 6% increase for a total not-to-exceed amount of $571,474:
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14. A QUITCLAIM DEED AND A RESOLUTION APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL
PARCEL MAP NO. 20465, LOCATED AT THE SOUTHWEST CORNER OF
ONTARIO RANCH ROAD AND HAMNER AVENUE
The City Council took the following actions:
A. Authorized the City Manager, or his designee, to execute a Quitclaim Deed to The Ranch at Model Colony, LLC, for fee title ownership transfer of a portion of Ontario Ranch Road; and
B. Adopted a Resolution approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map No. 20465, located at the southwest corner of Ontario Ranch Road and Hamner Avenue, in the Rich Haven Specific Plan.
RESOLUTION NO. 2024-168 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 20465, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO RANCH ROAD AND HAMNER AVENUE.
15. A RESOLUTION APPROVING A FIRST AMENDMENT TO A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND
EUCLID INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY
1.19 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE; (APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14)
The City Council considered and:
A. Adopted a Resolution approving a First Amendment to a Disposition and Development Agreement between the Euclid Investment Group, LLC.
B. Authorized the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement.
RESOLUTION NO. 2024-169 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO A
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ONTARIO AND EUCLID INVESTMENT GROUP, LLC FOR THE DEVELOPMENT
OF REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE (APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14).
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16. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HEXAGON SAFETY & INFRASTRUCTURE FOR THE PURCHASE OF A NEW
POLICE RECORDS MANAGEMENT SYSTEM (RMS)
The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Intergraph Corporation, a Delaware corporation, by and through its Hexagon Safety & Infrastructure division, with its principal place of business in Madison, Alabama, for the purchase of the public safety records management system (RMS) OnCall Records for software and recurring annual maintenance fees, increasing the authorized contract amount by $3,239,580 for a total contract not-to-exceed amount of $8,425,696.
17. A RESOLUTION APPROVING A FIRST AMENDMENT TO A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND
LAUREL INVESTMENT PROPERTY GROUP FUND, LLC, WITH RESPECT TO APPROXIMATELY 2.13 ACRES OF LAND LOCATED AT 404, 416 AND 414 NORTH EUCLID AVENUE AND 401 AND 418 NORTH LEMON AVENUE (APNS:
PORTION OF 1048-363-02, 1048-363-03, 1048-363-04, AND 1048-363-05) The City Council considered and:
A. Adopted a Resolution approving a First Amendment to a Disposition and Development Agreement between the Laurel Investment Property Group Fund, LLC.
B. Authorized the City Manager, or his designee, to sign all documents necessary to implement the Disposition and Development Agreement.
RESOLUTION NO. 2024-170 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO A
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
ONTARIO AND LAUREL INVESTMENT PROPERTY GROUP FUND, LLC FOR THE DEVELOPMENT OF REAL PROPERTY LOCATED AT 404, 416 AND 414 NORTH EUCLID AVENUE AND 401 AND 418 NORTH LEMON AVENUE (APNS:
PORTION OF 1048-363-02, 1048-363-03, 1048-363-04, AND 1048-363-05)
PUBLIC HEARINGS
18. 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 THE SOUTHEAST
CORNER OF RIVERSIDE DRIVE AND VINEYARD AVENUE FOR THE
REGIONAL SPORTS COMPLEX PROJECT
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The City Council conducted a public hearing and adopted a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at the southeast corner of Riverside Drive and Vineyard Avenue, more particularly described as Assessor Parcel Number's 0218-101-03, 0218-101- 04, 0218-101-05 and 0218-101-06 ("The Property"), is necessary for the Regional Sports Complex Project.
RESOLUTION NO. 2024-171 RESOLUTION OF NECESSITY OF THE CITY
COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION
BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RIVERSIDE DRIVE
AND VINEYARD AVENUE IN THE ARMSTRONG SPECIFIC PLAN AREA OF
ONTARIO, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NUMBERS 0218-101-03, 0218-101-04, 0218-101-05 AND 0218-101-06,
FOR THE ONTARIO REGIONAL SPORTS COMPLEX PROJECT, IN ONTARIO,
CALIFORNIA
Notice of public hearing was duly given. Affidavits of compliance are on file. There was one written communication in opposition from Charles S. Krolikowski.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.
Chuck Krolikowski: spoke in opposition.
Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 4-0 with Mayor pro Tem Porada absent, to adopt Resolution No. 2024-171
19. AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO UPHOLD THE
ZONING ADMINISTRATOR'S INTERPRETATION AND DETERMINATION DECISION FOR FILE NOS. PDET23-005, PDET23-007, PDET23-008, PDET23- 009, PDET23-010, PDET23-015 AND PDET23-016
Item was continued to October 15, 2024.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
20. AN ORDINANCE AMENDING SECTION 2-1.203 OF THE ONTARIO MUNICIPAL
CODE RELATING TO SALARY COMPENSATION FOR THE CITY COUNCIL 343
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The City Council introduced and waived further reading of Ordinance Amending Section 2-1.203 of the Ontario Municipal Code relating to Salary Compensation for the Mayor and the City Council.
ORDINANCE NO. 3287 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-
1.203 OF THE ONTARIO MUNICIPAL CODE RELATING TO SALARY
COMPENSATION FOR THE CITY COUNCIL.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 4-0 with Mayor pro Tem Porada absent, to introduce Ordinance No. 3287 for its first reading.
21. A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN
AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE ONTARIO PUBLIC
FINANCING AUTHORITY AND THE CITY OF ONTARIO
The City Council and the Ontario Public Financing Authority took the following actions:
A. The City Council considered and adopted a Resolution authorizing the execution and delivery of Amendment No. 1 to the Lease Agreement; and B. The Ontario Public Financing Authority considered and adopted a Resolution authorizing the execution and delivery of Amendment No. 1 to the Lease Agreement.
RESOLUTION NO. 2024-172 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO LEASE AGREEMENT.
RESOLUTION NO. OPFA-10 A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ONTARIO PUBLIC FINANCING AUTHORITY OF THE CITY OF
ONTARIO, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AMENDMENT NO. 1 TO LEASE AGREEMENT.
MOTION: Moved by Council Member Wapner, seconded by Council Member Bowman and carried by a unanimous vote 4-0 with Mayor pro Tem Porada absent, to adopt Resolution Nos. 2024-172 and OPFA-10.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Council Member Valencia had no comments.
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Council Member Bowman had no comments.
Council Member Wapner brought awareness to Breast Cancer Awareness month.
Mayor Leon thanked everyone who participated in the Route 66 Cruisin Reunion.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:10 p.m. in memory of Madalena Riboli and announced the next regular meeting was scheduled for October 15, 2024.
Respectfully submitted,
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN