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ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
NOVEMBER 5, 2024
JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, November 5, 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 6:32 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Nice Chair: Debra Porada
Council/Authority Members: Alan D. Wapner, Jim W. Bowman, and Ruben Valencia
ABSENT: Council/Authority Members: None
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.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Valencia.
INVOCATION
The invocation was led by Pastor Enoch Zesati, Victory Outreach Ontario Bilingual.
PUBLIC COMMENT
Assistant City Clerk Isbell announced there were two written comments.
Betty Barfield Lipton, regarding parking issues.
Adrian Lopez, regarding transportation.
Mayor Leon called upon the first speaker:
Jeanette Wright, spoke regarding parking issues.
Terri Carver, spoke regarding feral cats.
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Hope Bilderain, spoke regarding the American Cancer Society.
Gloria Carrillo, spoke regarding debris from a residential tree.
Anh Thi Nguyen, spoke regarding debris from a residential tree Peng Che Ma, spoke regarding a personal grievance with the Ontario Police Department.
AGENDA REVIEWIANNOUNCEMENTS
MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 5-0, to approve the Consent Calendar.
1. APPROVAL OF MINUTES
Approved minutes for the regular meeting 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.
2. BILLS & PAYROLL
Approved bills September 27, 2024 through October 24, 2024, in the amount of $50,003,977.14, and Payroll | September 7, 2024 through October 5, 2024 in the amount of $11,732,086.14.
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 The City Council adopted 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.
RESOLUTION NO. 2024-187 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.
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
The City Council adopted 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.
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RESOLUTION NO. 2024-188 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.
5. AWARD PROFESSIONAL SERVICES AGREEMENT FOR COST ALLOCATION
PLAN, CERTIFIED OMB PLAN, AND INTERNAL SERVICE FUNDS RATE PLANS
FOR VARIOUS CITY FUNDS
The City Council awarded 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 authorized the City Manager, or his designee, to execute the Agreement.
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
The City Council adopted 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.
RESOLUTION NO. 2024-189 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.
7. FISCAL YEAR 2024-25 FIRST QUARTER BUDGET UPDATE REPORT The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2024-25 First Quarter Budget Update Report.
THE RENEWAL OF THE EXISTING WORK ORDER AND ASSET MANAGEMENT
SYSTEM WITH AZTECA SYSTEMS, LLC FOR PUBLIC WORKS AND ONTARIO
MUNICIPAL UTILITIES COMPANY
The City Council authorized 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.
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9. АССЕРТ 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
The City Council authorized the City Manager, or his designee, to execute all documents necessary to accepted and approved 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.
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
The City Council authorized 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.
11. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH GRBCON, INC. FOR THE EASEMENT AND STORM DRAINPIPE REPLACEMENT
PROJECT
The City Council took the following actions:
A. Authorized 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. 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 construction related activities.
12. A CONSTRUCTION CONTRACT WITH MARINA LANDSCAPE, INC. FOR THE
MISSION BOULEVARD MEDIAN IMPROVEMENT PROJECT
The City Council took the following actions:
A Corne ban an end ratan roger or a entic num
of $1,849,000 and authorize a 10% contingency of $184,900 for a total not- 366
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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, reductions of retention accounts, and filing a notice of completion at the conclusion of all construction-related activities.
13. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH
SAFARILAND LLC FOR LAW ENFORCEMENT SAFETY EQUIPMENT
The City Council authorized 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
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
The City Council considered and:
A. Adopted 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 facilities district be established; B. Adopted a Resolution calling a special election for City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services); C. Adopted a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien; and D. Introduced and waived further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services).
Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
RESOLUTION NO. 2024-190 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.
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RESOLUTION NO. 2024-191 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).
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution Nos. 2024-190 and 2024-191.
RESOLUTION NO. 2024-192 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.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-192.
ORDINANCE NO. 3288 (FIRST READING) 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).
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0, to introduce Ordinance No. 3288.
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 The City Council took the following actions:
A. Considered and adopted 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. Directed 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.
RESOLUTION NO. 2024-193 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.
Notice of public hearing was duly given. Affidavits of compliance are on file. There were no written communications.
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Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Council Member Valencia and carried by a unanimous vote 5-0, to adopt Resolution No. 2024-193.
ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
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
The City Council took the following actions:
A. Considered and adopted 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
Purchase Agreement, and a Continuing Disclosure Agreement, authorizing the distribution of
necessary documents and certificates and related actions; B. Considered and adopted a Resolution of the City of Ontario making a declaration of official intent to reimburse facilities expenditures with bond proceeds and related actions;
C. Authorized the issuance of special tax bonds for public improvements required to facilitate the development of the Sunset Ranch project and the Ontario Ranch development;
D. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; E. Authorized a negotiated sale of the special tax bonds to Samuel A. Ramirez & Co., in accordance with the terms of the Bond Purchase Agreement; and F. Authorized the execution of 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.
RESOLUTION NO. 2024-194 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 ACTIONS.
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RESOLUTION NO. 2024-195 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.
MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman and carried by a unanimous vote 5-0 with, adopt Resolution Nos. 2024-194 and 2024-195.
STAFF MATTERS
City Manager Ochoa made no announcements.
COUNCIL MATTERS
Council Member Valencia had no comments.
Council Member Wapner had no comments.
Mayor Leon had no comments.
Mayor pro Tem Porada thanked Staff for their hard work.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 6:58 p.m. and announced the next regular meeting was scheduled for November 19, 2024.
Respectfully submitted,
sheela Maut
SHEILA MAUTZ, CITY ČLERK/SECRETARY
APPROVED:
PAUL S. LEÓN, MAYORICHAIRMAN