325 ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES SEPTEMBER 17, 2024 JOINT MEETINGS The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, September 17, 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 6:30 p.m. ROLL CALL PRESENT: Mayor/Chairman: Paul S. Leon Debra Porada Mayor pro Tem/Vice Chair: CouncilAuthority Members: Jim W. Bowman and Ruben Valencia Alan D. Wapner (excused) ABSENT: CouncilAuthority Members: Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Valencia. INVOCATION The invocation was led by Rev. Edward Gabriel from Our Lady of Guadalupe Parish. PUBLIC COMMENT Assistant City Clerk Isbell announced there were no written comments. Mayor Leon called upon the first speaker: Femando Origuela, invited Council and residents to participate in National Walk to School Karen Haughey, representative from San Bernardino County Board of Supervisor, Curt Day on October 6th. Brad Neumann, spoke on his personnel grievance. Hagman's office invited Council and residents to upcoming events. AGENDA REVIEWIANNOUNCEMENTS City Manager Ochoa announced the need to pull Item No. 7 until further notice. 326 Ontario City Counci/Ontario Housing Authority Regular Meeting Minutes-S September: r17,2024 Page2of10 INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST There were no conflicts of interest announced by the City Council. CONSENT CALENDAR MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Bowman, and carried by a unanimous vote 4-0 with Council Member Wapner absent, to approve the Consent Calendar without Item No. 7. 1. APPROVAL OF MINUTES Approved minutes for the special study session of the City Council and Housing Authority of August 16, 2024 and, the regular meetings of the City Council and Housing Authority of August 20, 2024 and approving same as on file in the Records Management Department. 2. BILLS & PAYROLL Approved bills August 9, 2024 through August 29, 2024, in the amount of $40,876,159.18, and Payroll July 28, 2024 through August 10, 2024 in the amount 3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH EXP US of$5,804,028.27. SERVICES FOR THE SAN ANTONIO STORM DRAIN PROJECT The City Council approved Amendment No. 3 to the On-call Design Services Agreement with EXP US Services, Inc. of San Bernardino, California, to provide additional engineering design services for the San Antonio Storm Drain Project in the amount of $41,291 for a revised not-to-exceed authorization amount of $1,075,343; and authorized the City Manager, or his designee, to execute said amendment and future amendments within the authorization limits. 4. A RESOLUTION APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL TRACT MAP NO. 20524, LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE The City Council adopted a Resolution approving a Subdivision Improvement Agreement, improvement Security, and Final Tract Map No. 20524, located at the northeast corner of Mill Creek Avenue and Chino Avenue, in the Edenglen Specific RESOLUTION NO. 2024-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVINGASUBDMBON IMPROVEMENT AGREEMENT, MPROVEMENT SECURITY,AND FINAL TRACT MAP NO. 20524, LOCATED AT THE NORTHEAST CORNER OF MILL CREEK AVENUE AND Plan. CHINO AVENUE. 327 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- - September17,2024 Page 3 of10 5. A RESOLUTION ADOPTING THE MEASURE IFIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2025-26 TO 2029-30 The City Council considered and adopted a Resolution approving the Fiscal Year 2025-26 through Fiscal Year 2029-30 Measure I Five-Year Capital Project Needs Analysis (CPNA) and authorized the City Manager, or his designee, to approve changes to the plan as may be required by the City and/or San Bernardino County RESOLUTION NO. 2024-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS: 2025-26 TO2029-30. 6. 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. 72 (LOMA CREEK LOGISTICS CENTER SERVICES) AND1 TO AUTHORIZE THE LEVY OF SPECIAL Transportation Authority (SBCTA). TAXES The City Council considered and: A. Accepted a written petition from IV3 Loma Creek Logistics, LLC ("'Landowner"), to create a Community Facilities District ("CFD") and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of B. Adopted a Resolution of Intention to establish City of Ontario Community Facilities District No. 72 (Loma Creek Logistics Center Services); authorized 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 1982; and on Tuesday, November 5, 2024. RESOLUTION NO. 2024-162 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. 72 (LOMA CREEK LOGISTICS CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A 7. AUTHORIZE THE AGREEMENT FOR GROUND AMBULANCE SERVICES WITH CONSOLIDATED FIRE AGENCIES (CONFIRE) AND CITY OF ONTARIO SPECIAL TAX THEREIN. This item was pulled. 32:8 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- September: 17, 2024 Page 4 of10 8. ANAMENDMENTTOTHE DESIGN SERVICES AGREEMENTWITHPOPULOUS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE ONTARIOPROFESSIONAL BASEBALL STADIUM AND PARKING STRUCTURE PROJECT The City Council took the following actions: A. Authorized the City Manager, or his designee, to execute Amendment No. 2 to the Design Services Agreement with Populous, Inc., of Los Angeles, California, to provide additional planning, design, and engineering services for the Ontario Professional Baseball Stadium and Parking Structure Project in the amount of $4,039,800 for a newi total not-to exceed contract amount of 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 ofo completion at the çonclusion of all construction $13,814,810; and related activities. 9. AUTHORIZE CHANGE ORDER NO. 4 TO THE CONSTRUCTION CONTRACT WITH MCCARTHY BUILDING COMPANIES, INC. FOR DESIGN-BUILD CONSTRUCTION SERVICES FOR THE CITY HALL PARKING STRUCTURE PROJECT The City Council took the following actions: A. Authorized the City Manager, or his designee, to execute Change Order No. 4 to the Construction Contract with McCarthy Building Companies, Inc., of Newport Beach, California, for Design-Build Construction Services for the City Hall Parking Structure Project in the amount of $1,066,997 for a total not- B. Authorized a contingency of $2,700,000 for a total not-to-exceed contract C.A 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 to-exceed contract amount of $31,924,928, and amount of $34,624,928; and construction related activities. 10. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL INC. FOR THE EMERGENCY DEMOLITION OF THE PROPERTY AT 9155/9381 E. RIVERSIDE DRIVE The City Council took the following actions: 329 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes - September r17,2024 Page! 5 of10 A. Authorized the City Manager, or his designee, to execute Construction Contract No. D&C24-005 Emergency Dairy and Residence Abatement and Demolition with Resource Environmental, Inc., of Cerritos, California, for the emergency demolition and site clearance activities on City-owned property located at 9155/9381 E. Riverside Drive for a total contract amount not-to- 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 exceed $1,741,000; and related activities. 11. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH RJM DESIGN GROUP, INC. FOR ON-CALL LANDSCAPE ARCHITECTURAL SERVICES FOR THE ONTARIO SPORTS COMPLEX PROJECT The City Council took the following actions: A. Authorized the City Manager, or his designee, to execute Amendment No. 1 to the Design Services Agreement with RJM Design Group, Inc., of San Juan Capistrano, California, to provide on-call landscape architectural services for the Ontario Sports Complex Project in the amount of $408,865 for a total not- 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 ofall construction to-exceed contract amount of $658,865; and related activities. 12. APPROVAL OF CO-OPERATIVE PURCHASES FOR FLEET EQUIPMENT AND PARTS The City Council took the following actions: A. Authorized the co-operative purchase and delivery of telematics, telemetry, and Global Positioning Systems (GPS) equipment in an amount not-to- exceed of $750,000 over five years from Geotab USA, Inc., of Las Vegas, Nevada, consistent with the terms and conditions of the CA-State Contract B. Authorized the.co-operative purchase and delivery of automotive parts and materials in an amount not-to-exceed of $750,000 over five (5) years from Advanced Auto Parts, of Ontario, California, consistent with the terms and C.A Authorized the co-operative purchase and delivery of Bridgestone tires and supplies in an amount not-to-exceed of $500,000 over five (5) years from Southern Tire Mart of, Columbia, Mississippi, consistent with the terms and DGS-1-19-58-69, and conditions of the OMNIA Contract R-LD-23013-01, and conditions of the NASPO Contract 24158; 330 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- - September17,2024 Page 6of10 D. Authorized the co-operative purchase and delivery of Goodyear tires and supplies in an. amount not-to-exceed $500,000 over five (5) years from Daniel's Tire, of Santa Fe Springs, California, consistent with the terms and conditions of the CA-State Contract DGS-1-23-26-01A. 13. AUTHORIZE THE PURCHASE OF FLEET VEHICLES The City Council took the following actions: A. Awarded Bid No. 1773 and authorized the purchase and delivery of three (3) Ford F150 XLT pick-up trucks in the amount of $221,421 plus a 10% contingency of $22,142 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $243,563 from Proper Performance, LLC, of New Wilmington, B. Awarded Bid No. 1774 and authorized the purchase and delivery of two (2) Ford F150 Lariat pick-up trucks in the amount of $164,023 plus a 10% contingency of $16,402 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $180,425 from Proper Performance, LLC, of New Wilmington, C.A Authorized the cooperative purchase and delivery of sixteen (16) Dodge Durango Pursuit Vehicles in the amount of $951,240 plus a 10% contingency of $95,124 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total amount not-to-exceed of $1,046,364 from National Auto Fleet Group, of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative D. Authorized the cooperative purchase and delivery of one (1) Petersen Industries CNG Freightliner Grapple Loader Truck in the amount of $367,081 plus a 10% contingency of $36,708 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to- exceed amount of $403,789 from Municipal Maintenance Equipment, of Sacramento, California, consistent with the terms and conditions of the E. Authorized the cooperative purchase and delivery of three (3) EV Battle Motors Refuse roll-off trucks in the amount of $1,644,434 plus a 10% contingency of $164,444 to mitigate any unforeseen issues with supply chain surcharges and manufactures price increases, for a total not-to-exceed amount of $1,808,879 from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Pennsylvania, and Pennsylvania, and Contract No. 091521-NAF, and Sourcewell Cooperative Contract No. 040621-PIl; and Contract No. 032824-CRN. 14. ACCEPTANCE OF ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM FUNDING FROM THE UNITED STATES DEPARTMENT OF ENERGY 331 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes-S September17,2024 Page7of10 The City Council authorized the City Manager, or his designee, to execute all documents necessary to accept grant award funds in the amount of $218,330 from the U.S. Department of Energy (DOE) for the Energy Efficiency and Conservation 15. AN AMENDMENT TO THE PROFESSIONAL: SERVICES AGREEMENT WITHI ICS SOFTWARE, LLC FOR CONSULTING SERVICES, APPLICATION The City Council authorized the City Manager, or his designee, to execute Amendment No. 1t to the Professional Services Agreement with ICS Software, LLC, of Claremont, California, for consulting services, application development, and database administration, increasing the authorized contract amount by $450,000 for a total contract amount not-to-exceed $900,000 and extending the term of the 16. A CONSTRUCTION CONTRACT WITH LOENGREEN, INC. AND AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS FOR THE DOWNTOWN MOBILITY HUB PROJECT Block Grant (EECBG) Program. DEVELOPMENT, AND DATABASE ADMINISTRATION agreement by two years to July 31, 2027. That the City Council took the following actions: A. Authorized the City Manager, or his designee, to execute Construction Contract No. D&C23-026 with Loengreen, Inc., ofLos Angeles, California, for the Downtown Mobility Hub Project in the amount of $4,040,000, and B. Authorized a 10% contingency of $404,000 for a total not-to-exceed contract amount of $4,444,000 to address any unforeseen issues that arise during C.A Authorized the City Manager, or his designee, to execute Amendment No. 7 tot the Design Services Agreement with Thirtieth Street Architects, Inc., of Costa Mesa, California, for the Downtown Mobility Hub Project in the amount of $148,300 for a total not-to-exceed contract amount of $954,900; and D. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion ofa all construction construction, and related activities. 17. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NTERPERSONAL FREQUENCY, LLC., FOR WEBSITE REDESIGN SERVICES The City Council authorized the City Manager, or his designee, to execute Amendment No. 1 to the Professional Services Agreement with Interpersonal Frequency, LLC of McLean, VA, for website redesign, increasing the contract amount by $43,613 for a total contract not-to-exceed amount of $1,045,588. 332 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes - September 17, 2024 Page 8 of10 18. AWARD CONSTRUCTION CONTRACTS TO ANDERSON CHARNESKY STRUCTURAL STEEL, INC. AND CREW, INC. FOR THE STRUCTURAL STEEL, GRADING AND DEMOLITION FOR THE PROFESSIONAL BASEBALL STADIUM LOCATED AT THE ONTARIO REGIONAL SPORTS COMPLEX The City Council took the following actions: A. Authorized the City Manager, or his designee, to execute a Construction Contract with Anderson Charnesky Structural Steel, Inc., of Beaumont, California, to provide construction services for D&C23-011 Professional Baseball Stadium - Steel in the amount of $15,717,000 and authorize a contingency of $1,600,000 for a total not-to-exceed contract amount of B. Authorized the City Manager, or his designee, to execute a Construction Contract with Crew, Inc., of Compton, California, to provide construction services for D&C23-011A Sports Complex Mass Grading in the amount of $41,870,320 and authorize a contingency of $4,200,000 for a total not-to- C. Authorized the extension of working hours to be Monday through Saturday from 6:00 am to 11:00 pm and on Sunday from 8:00 am to 6:00 pm for the duration of the construction of the Professional Baseball Stadium; and D. Authorized the City Manager, or his designee, to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction $17,317,000, and exceed contract amount of $46,070,320, and related activities. 19. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RONALD IVIE FOR ADDITIONAL BROADBAND STRATEGY, DEVELOPMENT, The City Council approved and authorized the City Manager, or his designee, to execute Amendment No. 1t to the Professional Services Agreement with Ronald Ivie, of Eagle, Idaho, for additional broadband strategy, development and operations support consulting services, in the amount of $180,000, for a revised not-to-exceed 20. A RESOLUTION AMENDING THE APPENDIX TO THE CITY OF ONTARIO AND OPERATIONS SUPPORT CONSULTING total of $1,080,000. CONFLICT OF INTEREST CODE The City Council adopted a Resolution amending the Appendix to the Conflict of Interest Code to update position classification titles and filing requirements for City RESOLUTION NO. 2024-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AND. ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE employees. POLITICAL REFORM. ACT OF 1974. 333 Ontario City Counci/Ontario Housing Authority Regular Meeting Minutes- - September 17, 2024 Page 90 of10 21. APPROVAL OF A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING FOR THE ONTARIO FIRE 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 Fire Management Group ("OFMG") Memorandum of Understanding (MOU) 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. 2024-164 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 FIRE MANAGEMENT GROUP. PUBLIC HEARINGS 22. A PUBLIC HEARING TO RECEIVE TESTIMONY AND ADOPT THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE 2023-24 FISCAL YEAR The City Council took the following actions: A. Held a public hearing to receive testimony on the draft Consolidated Annual Performance and Evaluation Report (CAPER) fori thel Fiscal Year 2023-24 (on B. Directed staff to prepare and transmit toi the U.S. Department of Housing and Urban Development (HUD) the final CAPER, which will address all public C. Authorized the City Manager to revise for accuracy and execute any and all documents necessary and/or desirable to transmit the CAPER to HUD. Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications. Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon opened the item for a file in the Records Management Department); comments received on the draft CAPER; and discussion or motion. MOTION: Moved by Council Member Bowman, seconded by Mayor pro Tem Porada and carried by a unanimous vote 4-0 with Council Member Wapner absent, to adopt the Consolidated Annual Performance and Evaluation Report. 334 Ontario City Council/Ontario Housing Authority Regular Meeting Minutes- - September 17,2024 Page 10 of10 STAFF MATTERS City Manager Ochoa made no announcements. COUNCIL MATTERS Council Member Valencia announced the upcoming Route 66 Cruisin Reunion. Council Member Bowman announced he too was looking forward to Route 66 Cruisin Mayor pro Tem Porada announced the Ontario Heritage's upcoming Cemetery Tour. Reunion. Mayor Leon spoke on the West End Animal Services Agency. ADJOURNMENT Mayor Leon adjourned the meetings of the Joint Agencies at 6:49 p.m. and announced the next regular meeting was scheduled for October 1, 2024. Respectfully submitted, ehoHaut SHEILA MAUTZ, CITY CLERKISECRETARY APPROVED: PAUL S. LEON, MAYOR/CHAIRMAN h