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December 04, 2007


CITY OF ONTARIO
CITY COUNCIL, REDEVELOPMENT AGENCY,
AND HOUSING AUTHORITY
AGENDA

Paul S. Leon
Mayor

Jason Anderson
Mayor pro Tem

Alan D. Wapner
Council Member

Sheila Mautz
Council Member

Jim W. Bowman
Council Member

 
City of Ontario City Seal

Gregory C. Devereaux
City Manager

John E. Brown
City Attorney

Mary E. Wirtes, MMC
City Clerk

James R. Milhiser
Treasurer



WELCOME to a meeting of the Ontario City Council. An agenda is available on the table at the rear of the Council Chambers.

  • Anyone wishing to speak during public comment or on a particular item will be required to fill out a blue slip. Those blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept additional cards after that time.
  • Comments will be limited to 3 minutes. Speaker 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 chambers will not be permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

 

 

ORDER OF BUSINESS: The regular City Council, Redevelopment Agency, and Housing Authority meeting begins with Closed Session and Closed Session Comment at 6:00 p.m., Public Comment at 6:30 p.m. followed by 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.

 

(EQUIPMENT FOR THE HEARING IMPAIRED AVAILABLE IN THE RECORDS MANAGEMENT OFFICE)



CALL TO ORDER (OPEN SESSION)
6:00p.m. 

 

ROLL CALL

Anderson_, Wapner _, Mautz _, Bowman_, Mayor/Chairman Leon _



CLOSED SESSION PUBLIC COMMENT The Closed Session Public Comment portion of the Council/Redevelopment Agency/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: APN No(s). 0218-131-37, Site Address: 13610 South Archibald Avenue(West side of Archibald Avenue, north of Schaefer Avenue); City/Agency/Authority Negotiator: Gregory C. Devereaux or his designee; Negotiating parties: Greg Foster; Under negotiation: Price and terms of payment.


  • GC 54956.9, CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION: Chino Basin Municipal Water District vs. City of Chino et al. Superior Court Case RCV 51010


In attendance: Anderson_, Wapner _, Mautz _, Bowman_, Mayor/Chairman Leon _

PLEDGE OF ALLEGIANCE

Mayor pro Tem Anderson

INVOCATION 

Pastor Edward Blonski, Redeemer Lutheran Church 

REPORT ON CLOSED SESSION

City Attorney



PUBLIC COMMENTS
6:30 p.m.  

The Public Comment portion of the Council/Redevelopment Agency/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment will be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

 

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.



SPECIAL CEREMONIES



PRESENTATION OF DIGITAL CITIES AWARD RECOGNITION

Mayor and City Council accept the 2007 Digital Cities Award from the Center for Digital Government



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.

 

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.     __/__



1.

APPROVAL OF MINUTES

Minutes for the regular meeting of the City Council, Redevelopment Agency and Housing Authority of November 20, 2007, and approving same as on file in the Records Management Department.



2.

BILLS/PAYROLL

Bills November 4, 2007 through November 17, 2007 Payroll November 10, 2007 through November 23, 2007, when audited by the Finance Committee.



3.

REJECT BID AND AWARD CONSTRUCTION CONTRACT PFD06-OCEC-046 FOOD SERVICE FOR CONSTRUCTION RELATED ACTIVITIES AT THE ONTARIO COMMUNITY EVENT CENTER

A. Reject the bid submitted by Duray/J.F. Duncan Industries, Inc. due to the violation of Instructions to Bidders Section 8, Modifications of Bids,

 

B. Award contract PFD06-OCEC-046 (on file in the Records Management Department) to TriMark Raygal, Inc. of Irvine, CA in the amount of $1,339,000 for construction of food service areas at the Ontario Community Event Center, and

 

C. Authorize the City Manager/Executive Director to execute the subject contract, plus a 3% contingency of $40,170 which will be incorporated into the project wide contingency, and file notices of completion at the conclusion of all construction related activities.



4.

PROFESSIONAL SERVICES AGREEMENT TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE CITY HALL EAST TENANT IMPROVEMENT PROJECT / PROJECT MANAGEMENT ADVISORS, INC.

Agency Board and City Council approve and authorize the Executive Director/City Manager to execute a Professional Services Agreement with Project Management Advisors, Inc. (Norco, CA) for construction management services related to the City Hall East tenant improvement project in the amount of $140,400.



5.

ORDINANCE APPROVING FILE NO. PDCA07-003, ADDING ARTICLE 35 TO TITLE 9, OF THE ONTARIO DEVELOPMENT CODE RELATING TO ALCOHOLIC BEVERAGE REGULATIONS FOR EXISTING ON-SALE AND OFF-SALE ALCOHOL SALES

Adopt an Ordinance to consider File No. PDCA07-003, an ordinance adding Article 35 to Title 9, of the Ontario Development Code relating to alcoholic beverage regulations for existing on-sale and off-sale alcohol sales.

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING ARTICLE 35 TO TITLE 9 OF THE ONTARIO DEVELOPMENT CODE RELATING TO ALCOHOLIC BEVERAGE REGULATIONS FOR EXISTING ON-SALE AND OFF-SALE ALCOHOL SALES



6.

ORDINANCE AMENDING CHAPTERS 3, 7 AND 8 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATING TO SERVICES AND FEES FOR WATER, SEWER AND SOLID WASTE SERVICES, AND DIRECT STAFF TO TAKE NECESSARY STEPS TO FINANCE WATER AND SEWER FACILITIES

Adopt an ordinance to amend Chapters 3, 7 and 8 of Title 6, of the Ontario Municipal Code relating to services and fees for water, sewer and solid waste services; and

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 3, 7 AND 8 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE RELATED TO SERVICES AND FEES FOR WATER, SEWER AND SOLID WASTE SERVICES



7.

ORDINANCES TO ADOPT THE 2006 INTERNATIONAL FIRE CODE, AND 2007 CALIFORNIA STATE FIRE AND BUILDING CODES

A. Adopt an Ordinance amending Chapter 4, Title 4 of the Ontario Municipal Code entitled “Fire Code” adopting by reference, with certain amendments, additions, deletions, and exceptions, the 2006 International Fire Code and the 2007 California Fire Code (California Code of Regulations, Title 24, Part 9); and

 

B. Adopt an Ordinance repealing Chapter 6 and 12, and amending Chapters 1, 2, 3, 4, 7, and 11 of Title 8 of the Ontario Municipal Code to adopt the State Building Codes by reference.

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, ADOPTING BY REFERENCE WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND CHANGES THERETO, THE 2006 INTERNATIONAL FIRE CODE AND THE 2007 CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9)

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING CHAPTER 6 AND CHAPTER 12 OF THE ONTARIO MUNICIPAL CODE, AMENDING CHAPTERS 1, 2, 3, 4, 7 AND 11 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE ADOPTING BY REFERENCE THE 2007 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), INCLUDING THE 2007 CALIFORNIA BUILDING CODE (INCORPORATING AND AMENDING THE 2006 EDITION OF THE INTERNATIONAL BUILDING CODE), THE 2007 CALIFORNIA MECHANICAL CODE (INCORPORATING AND AMENDING THE 2006 EDITION OF THE UNIFORM MECHANICAL CODE), THE 2007 CALIFORNIA ELECTRICAL CODE (INCORPORATING AND AMENDING THE 2005 EDITION OF THE NATIONAL ELECTRICAL CODE), AND THE 2007 CALIFORNIA PLUMBING CODE (INCORPORATING AND AMENDING THE 2006 EDITION OF THE UNIFORM PLUMBING CODE), TOGETHER WITH CERTAIN AMENDMENTS THERETO, AND ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM HOUSING AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS



8.

ORDINANCE ADOPTING STRUCTURED WIRING STANDARDS AS TITLE 8, CHAPTER 16, GOVERNING NEW CONSTRUCTION WITHIN THE CITY OF ONTARIO

Adopt an Ordinance establishing structured wiring standards for telecommunication services.

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING STRUCTURED WIRING DESIGN AND CONSTRUCTION STANDARDS, ADDING TITLE 8, CHAPTER 16, GOVERNING NEW CONSTRUCTION WITHIN THE CITY OF ONTARIO



9.

PEACE II DOCUMENTS TO SUPPORT IMPLEMENTATION OF THE OPTIMUM BASIN MANGEMENT PLAN / CHINO BASIN WATER AGENCIES

Approve the Peace II Documents with Chino Basin water agencies to support the implementation of the Optimum Basin Management Plan (OBMP), and authorize the City Manager to execute said documents (on file in the Records Management Department).



10.

AMENDMENT TO CONSTRUCTION CONTRACT WA0705 FOR THE SULTANA AVENUE 8” WATER LINE REPLACEMENT / WEST VALLEY CONSTRUCTION, INC.

Approve an amendment to a construction contract with West Valley Construction, Inc. of Santa Fe Springs, CA (on file with the Records Management Department) for the Sultana Avenue 8” Water Line Replacement Project, from Holt Boulevard to B Street in the amount of $37,355 (including contingency) for a total contract amount of $128,000 and authorize the City Manager to file a Notice of Completion at the conclusion of all construction activities related to the project.



11.

PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE I-10 FREEWAY AT GROVE AVENUE AND FOURTH STREET INTERCHANGE AND GROVE AVENUE CORRIDOR PROJECT – PHASE 1 / BOYLE ENGINEERING

Approve a Professional Services Agreement (on file with the Records Management Department) with Boyle Engineering of Newport Beach, CA, to provide engineering and environmental services for the I-10 Freeway at Grove Avenue and Fourth Street Interchange and Grove Avenue Corridor Project – Phase 1 and authorize the City Manager to execute said Agreement and future extensions or amendments to the Agreement up to a total authorized amount of $1,422,170.



12.

RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND PARCEL MAP NO. 18607 / RICHARD AND CAMILLA COULTER

Adopt a resolution approving an improvement agreement, improvement security, and Parcel Map No. 18607 located at the southeast corner of Holt Boulevard and Cucamonga Avenue and submitted by Richard and Camilla Coulter (owners) of La Crescenta, CA.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND PARCEL MAP NO. 18607 LOCATED AT THE SOUTHEAST CORNER OF HOLT BOULEVARD AND CUCAMONGA AVENUE



13.

RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND PARCEL MAP NO. 17422 / ONTARIO-ARCHIBALD, LLC (SIAVASH BARMAND)

Adopt a resolution approving an improvement agreement, improvement security and Parcel Map No. 17422 located on the south east corner of Inland Empire Boulevard and Archibald Avenue and submitted by Ontario-Archibald, LLC (Siavash Barmand), of Tiburon, CA.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND PARCEL MAP NO. 17422 LOCATED ON THE SOUTH EAST CORNER OF INLAND EMPIRE BOULEVARD AND ARCHIBALD AVENUE



PUBLIC HEARINGS



14.

CERTIFY THE ENVIRONMENTAL IMPACT REPORT, INCLUDING THE ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVE FILE NO. PGPA07-001, A RESOLUTION AMENDING THE NEW MODEL COLONY GENERAL PLAN / RICHLAND COMMUNITIES AND WATT GENTON ASSOCIATES (APNS: 218-211- 02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 AND 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14)

A public hearing to consider certification of the Environmental Impact Report, including the adoption of a Statement of Overriding Considerations, and File No.PGPA07-001, a general plan amendment request to (1) change the land use designation for Subarea 12 from Low Density Residential (4.6 du/ac) to Medium Density residential (12 du/ac); and 2) allow the transfer of residential units from Subarea 19 to Subarea 12, for property located and bounded on the north by Riverside Drive, on the south by Edison Avenue, on the east by Milliken Avenue and on the west by Haven Avenue, as part of the third group of General Plan Amendments for 2007; submitted by Richland Communities and Watt Genton Associates (APNS: 218-211- 02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 and 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14).

 

Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department.

 

Written communication.

Oral presentation.

Public hearing closed.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FILE NO. PGPA07-001, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE RICH HAVEN SPECIFIC PLAN PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE City Council OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT FILE NO. PGPA07-001 TO (1) CHANGE THE LAND USE DESIGNATION FOR SUBAREA 12 FROM LOW DENSITY RESIDENTIAL (4.6 DU/AC) TO MEDIUM DENSITY RESIDENTIAL (12 DU/AC); AND 2) ALLOW THE TRANSFER OF RESIDENTIAL UNITS FROM SUBAREA 19 TO SUBAREA 12, FOR PROPERTY LOCATED AND BOUNDED ON THE NORTH BY RIVERSIDE DRIVE, ON THE SOUTH BY EDISON AVENUE, ON THE EAST BY MILLIKEN AVENUE AND ON THE WEST BY HAVEN AVENUE, AS PART OF THE THIRD GROUP OF GENERAL PLAN AMENDMENTS FOR 2007 – APN’S: 218-211-02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 and 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14

Adopt____/____



15.

ORDINANCE APPROVING FILE NO. PSP05-004, A SPECIFIC PLAN (RICH-HAVEN) REQUEST TO ESTABLISH LAND USE DESIGNATIONS, DEVELOPMENT STANDARDS, AND DESIGN GUIDELINES / RICHLAND COMMUNITIES AND WATT GENTON ASSOCIATES (APNS: 218-211- 02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 AND 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14)

A public hearing to introduce, and waive further reading of an Ordinance approving File No. PSP05-004, a Specific Plan (Rich-Haven) request to establish Land Use Designations, Development Standards, and Design Guidelines for approximately 510 gross acres of land within the eastern portions (east of Haven Avenue) of Subareas 6 and 12 and all of Subarea 19 of the New Model Colony, which includes the potential development of 4,256 dwelling units and a minimum of 889,200 square feet of commercial, located and bounded on the north by Riverside Drive, on the south by Edison Avenue, on the east by Milliken Avenue and on the west by Haven Avenue; submitted by Richland Communities and Watt Genton Associates (APNS: 218-211- 02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 and 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14).

 

Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department.

 

Written communication.

Oral presentation.

Public hearing closed.

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE RICH-HAVEN SPECIFIC PLAN, FILE NO. PSP05-004, TO ESTABLISH LAND USE DESIGNATIONS, DEVELOPMENT STANDARDS, AND DESIGN GUIDELINES FOR 510 ACRES OF LAND WITHIN THE EASTERN PORTIONS (EAST OF HAVEN AVENUE) OF SUBAREAS 6 AND 12 AND ALL OF SUBAREA 19 OF THE NEW MODEL COLONY, WHICH INCLUDES THE POTENTIAL DEVELOPMENT OF 4,256 DWELLING UNITS AND A MINIMUM OF 889,200 SQUARE FEET OF COMMERCIAL, FOR PROPERTY LOCATED AND BOUNDED ON THE NORTH BY RIVERSIDE DRIVE, ON THE SOUTH BY EDISON AVENUE, ON THE EAST BY MILLIKEN AVENUE AND ON THE WEST BY HAVEN AVENUE-(APN(s): 218-211- 02, 05, 08, 12, 15, 17, 21, 23, 24, 25 & 26 and 218-161-01, 04, 05, 09, 10, 11, 12, 13 & 14)

Introduce____/____



16.

PUBLIC HEARING TO CONSIDER FILE NOS. PWIL06-013, A PETITION FOR TENTATIVE CANCELLATION OF WILLIAMSON ACT CONTRACT NUMBER 71-345 AND REMOVAL OF THE SUBJECT 79.37 ACRES FROM THE CITY OF ONTARIO AGRICULTURAL PRESERVE FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF MILLIKEN AVENUE AND EDISON AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN OF THE NEW MODEL COLONY– APN: 218-211-17, 218-211-24, AND 218-211-26

A public hearing to approve a Tentative Cancellation for File No. PWIL06-013 through the adoption of a Resolution and authorize the City Manager to sign the Certificate of Tentative Cancellation.

 

Notice of public hearing has been duly given and affidavits of compliance are on file in the Records Management Department.

 

Written communication.

Oral presentation.

Public hearing closed.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PWIL06-013, A TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACT NUMBER 71-345 AND REMOVAL OF THE SUBJECT 79.37 ACRES FROM THE CITY OF ONTARIO AGRICULTURAL PRESERVE FOR PROPERTY GENERALLY LOCATED ON THE NORTHWEST CORNER OF MILLIKEN AVENUE AND EDISON AVENUE WITHIN THE RICH-HAVEN SPECIFIC PLAN OF THE NEW MODEL COLONY, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 218-211-17, 218-211-24, AND 218-211-26.

Adopt____/____



COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Anderson
Council Member Wapner
Council Member Mautz
Council Member Bowman


STAFF MATTERS

City Manager Devereaux

ADJOURNMENT





 
 
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