CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
NOVEMBER
5, 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.
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
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 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
PLEDGE OF ALLEGIANCE
Council Member Valencia
INVOCATION
Pastor Enoch Zesati, Victory Outreach Ontario Bilingual PUBLIC COMMENTS 6:30 P.M.
The Public Comment portion of the Council/Housing Authority meeting is limited to 30 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 CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
1. APPROVAL OF MINUTES
ATTACHMENT:
20241001 Meeting Minutes (Not Official Until Approved)
2. BILLS & PAYROLL
3. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO. PDEV23-013 GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE WITHIN THE RICH-
HAVEN SPECIFIC PLAN
ATTACHMENT:
20241105
PDEV23-013^01 EX A.pdf
ATTACHMENT:
20241105 PDEV23-013 02^RESO^RM.docx
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 them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.
Minutes for the regular meetings of the City Council, Housing Authority and Ontario Public Financing Authority of October 1, 2024 and approving same as on file in the Records Management Department.
Bills September 27, 2024 through October 24, 2024, and Payroll September 7, 2024 through October 5, 2024.
That the City Council adopt a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV23-013, generally located at the southwest corner of Mill Creek Avenue and Chino Avenue within the Rich-Haven Specific Plan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT PLAN NO.
PDEV23-013 GENERALLY LOCATED AT THE SOUTHWEST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20529 GENERALLY LOCATED SOUTH OF CHINO AVENUE
BETWEEN HAVEN AVENUE AND MILL CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN
ATTACHMENT:
20241105 TM-20529^01 Exhibit A.pdf
ATTACHMENT:
20241105 TM-20529 02^RESO^RM
5. AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION PLAN, CERTIFIED
OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS FOR VARIOUS CITY FUNDS
ATTACHMENT:
Cherry Bekaert PSA - CAP.pdf
6. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20517 GENERALLY LOCATED AT THE NORTHEAST CORNER OF
MERRILL AND SULTANA AVENUES
ATTACHMENT:
20241105 PM-20517^01 EX.pdf
ATTACHMENT:
20241105 PM-20517 02^RESO^RM.docx
7. FISCAL YEAR 2024-25 FIRST QUARTER BUDGET UPDATE REPORT
ATTACHMENT:
FY 2024-25 First Quarter Budget Update Report_EXHIBIT A.pdf That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20529, generally located south of Chino Avenue between Haven Avenue and Mill Creek Avenue within the Rich-Haven Specific Plan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20529
GENERALLY LOCATED SOUTH OF CHINO AVENUE BETWEEN HAVEN AVENUE AND MILL CREEK AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN.
That the City Council award a Professional Services Agreement for Cost Allocation Plan, Certified OMB Plan, and Internal Service Funds rate plans to Cherry Bekaert, LLC, for a three- year term for an amount not-to-exceed $180,000 with the option to extend the Agreement for two (2) additional one-year terms for $60,000 per fiscal year; and authorize the City Manager, or his designee, to execute the Agreement.
That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20517, generally located at the northeast corner of Merrill and Sultana Avenues within the Ontario Ranch Business Park Specific Plan.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20517 GENERALLY LOCATED AT THE NORTHEAST CORNER OF MERRILL AND SULTANA AVENUES.
That the City Council approve the budget adjustments and recommendations as presented in the Fiscal Year 2024-25 First Quarter Budget Update Report (Exhibit A).
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
8. THE RENEWAL OF THE EXISTING WORK ORDER AND ASSET MANAGEMENT SYSTEM WITH
AZTECA SYSTEMS, LLC FOR PUBLIC WORKS AND ONTARIO MUNICIPAL UTILITIES
COMPANY
ATTACHMENT:
FINAL_Ontario_ CA_Cityworks MASTER - Public Sector - Order Form and Terms.pdf
9. ACCEPT AND APPROVE LAW ENFORCEMENT EQUIPMENT GRANT FROM CITIZEN'S OPTION
FOR PUBLIC SAFETY (COPS)/ENHANCING LAW ENFORCEMENT ACTIVITIES SUBACCOUNT (ELEAS) ADDITIONAL AWARD FOR FISCAL YEAR 2023-24
ATTACHMENT:
2024-COPS-GROWTH.pdf
10. ACCEPT AND APPROVE LAW ENFORCEMENT GRANT FROM CITIZEN'S OPTION FOR PUBLIC
SAFETY (COPS)/ENHANCING LAW ENFORCEMENT ACTIVITIES SUBACCOUNT (ELEAS) FOR FISCAL YEAR 2024-25
ATTACHMENT:
FY 2025 COPS State Allocation Letter (Growth Not Included).pdf
11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH GRBCON, INC. FOR THE
EASEMENT AND STORM DRAINPIPE REPLACEMENT PROJECT
ATTACHMENT:
Change Order No. 2.pdf
That the City Council authorize the City Manager, or his designee, to execute the renewal of the CityWorks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) with Azteca Systems, LLC, of Sandy, Utah for three years with an optional renewal period for two years for a total contract amount not-to-exceed $662,917.
That the City Council authorize the City Manager, or his designee, to execute all documents necessary to accept and approve the Citizen' s Option for Public Safety (COPS)/Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2023-24 in the amount of $266,069.
That the City Council authorize the City Manager, or his designee, to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS)/Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2024-25 in the amount of $279,859.
That the City Council take the following actions:
A
.
Authorize the City Manager, or his designee, to approve Change Order No. 2 to the Construction Contract with GRBCON, Inc., of Baldwin Park, California, for the Easement and Storm Drainpipe Replacement Project in the amount of $467,191 for a total not-to- exceed contract amount of $1,245,101; and
B
.
Authorize 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 construction related activities.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
GRBCON 10.28 PCO MISSION AND BON VIEW and Emporia and Plum Drywell.pdf
12. A CONSTRUCTION CONTRACT WITH MARINA LANDSCAPE, INC. FOR THE MISSION
BOULEVARD MEDIAN IMPROVEMENT PROJECT
ATTACHMENT:
Mission Landscape Renovation PM 2425-19 Long Form Bid and Contract.pdf
13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH SAFARILAND LLC FOR
LAW ENFORCEMENT SAFETY EQUIPMENT
ATTACHMENT:
Amendment No 2
Model Amendment (non-construction contract)-
c1_0.pdf
14. A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES); AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES That the City Council take the following actions:
A
.
Authorize the City Manager, or his designee, to execute Construction Contract No. PM 2425-19 with Marina Landscape, Inc., of Orange, California, for the Mission Landscape and Irrigation Project for a total contract amount of $1,849,000 and authorize a 10% contingency of $184,900 for a total not-to-exceed contract amount of $2,033,900; and B
.
Authorize 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, reductions of retention accounts, and filing a notice of completion at the conclusion of all construction-related activities.
That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Goods and Services Agreement with Safariland LLC, with its principal place of business in Jacksonville, Florida, increasing the authorized contract amount for specialized law enforcement safety equipment by $450,000, for a total not-to-exceed amount of $1,250,000.
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.
That the City Council consider and:
A
.
Adopt a Resolution of Formation of Community Facilities District No. 72 (Loma Creek Logistics Center Services), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD 72 Loma Creek Logistics Center Services Formation
01^RESO^RM.doc
ATTACHMENT:
CFD 72 (Loma Creek Logistics Center Services)^01A RMA EXH B.pdf
ATTACHMENT:
CFD 72 Loma Creek Logistics Center Services Calling Election 02^RESO^RM.doc
ATTACHMENT:
CFD 72 Loma Creek Logistics Center Services Declaring Election 03^RESO^RM.doc
ATTACHMENT:
CFD 72 Loma Creek Logistics Center Services 04^ORD^RM.doc
15. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY REPORT AND
LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND CORE HOTEL VENTURE, LLC AND
CONSIDERATION OF RESOLUTION
facilities district be established;
B
.
Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center 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. 72 (Loma Creek Logistics Center Services).
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS
CENTER SERVICES), PROPOSING THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED
TO LEVY A SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER 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 CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 72 (LOMA CREEK LOGISTICS CENTER SERVICES).
That the City Council take the following actions:
A
.
Consider and adopt a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to CORE Hotel Venture, LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
B
.
Direct City Staff to file a Notice of Exemption based upon the City Council's finding that there is no possibility that the approval of this Loan Agreement will have a significant effect on the environment and therefore, no environmental analysis is required.
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CORE Ontario Airport Hotel Loan 01^RESO^RM
ATTACHMENT:
CORE Ontario Airport Hotel Loan^02 LOAN AGREEMENT.pdf
ATTACHMENT:
CORE Ontario Airport Hotel Loan^03 NOTE.pdf
ATTACHMENT:
CORE Ontario Airport Hotel Loan^04 DEED OF TRUST.pdf
ATTACHMENT:
CORE Ontario Airport Hotel Loan^05 ECON DEV SUBSIDY REPORT.pdf
16. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 64 (SUNSET RANCH) SPECIAL TAX BONDS, SERIES 2024 AND
RELATED MATTERS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BY AND BETWEEN THE CITY OF
ONTARIO AND CORE HOTEL VENTURE LLC AND ACCEPTING THE ECONOMIC DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE SECTION 53083.
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. 64 (Sunset Ranch) Special Tax Bonds, Series 2024, in an aggregate principal amount not-to-exceed $30 million, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement, and a Continuing Disclosure 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 Sunset Ranch project and the Ontario Ranch development;
D
.
Approve the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure 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 an Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, a deemed final certification 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. 64 (SUNSET RANCH) SPECIAL TAX BONDS, SERIES 2024, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $30,000,000 AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE, A
BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE AGREEMENT, AUTHORIZING
THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION THEREWITH AND
AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov
ATTACHMENT:
CFD 64 Sunset Ranch Authorizing the Issuance of Bonds
01^RESO^RM.doc
ATTACHMENT:
CFD 64 Sunset Ranch Declaration Intent to Reimburse Facilities Expenditures 02^RESO^RM.doc
ATTACHMENT:
CFD 64 Sunset Ranch^03 Indenture.pdf
ATTACHMENT:
CFD 64 Sunset Ranch^04 Bond Purchase Agreement.pdf
ATTACHMENT:
CFD 64 Sunset Ranch^05 Continuing Disclosure Agreement.pdf 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
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