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

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 5:30 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)

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.

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

RECOGNITION OF AYSO REGION 66 REGIONAL COMMISSIONER SCOTT ACEVEDO FOR OUTSTANDING SERVICE TO THE COMMUNITY

Mayor and City Council recognize Scott Acevedo for outstanding service to the community as American Youth Soccer Organization (AYSO) Region 66 Regional Commissioner.

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.     __/__

APPROVAL OF MINUTES

Minutes for the regular meeting of the City Council, Redevelopment Agency and Housing Authority of March 4, 2008, and approving same as on file in the Records Management Department.

BILLS/PAYROLL

Bills February 10, 2008 through February 23, 2008 Payroll February 16, 2008 through February 29, 2008, when audited by the Finance Committee.

AWARD A CONTRACT FOR THE PURCHASE OF NEW REMOTEC HD-1 BOMB ROBOT / REMOTEC U.S.

Utilize FY2007 Homeland Security Grant Funds to award a contract in the amount of $135,671 to Remotec U.S. of Clinton, TN for the purchase of a new Remotec HD-1 Bomb Robot.

FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO REDEVELOPMENT AGENCY AND D STREET SENIOR HOUSING, INC.

Ontario Redevelopment Agency:

 

A. Adopt a resolution approving the First Amendment to the Disposition and Development Agreement between the Agency and D Street Senior Housing, Inc., on file with the Records Management Department.

 

B. Authorize the Executive Director of the Agency to execute any and all documents necessary or desirable to implement the Agreement.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH D STREET SENIOR HOUSING, INC.

FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND ONTARIO SENIOR HOUSING PARTNERS, L.P.

Ontario Housing Authority: A. Adopt a resolution approving the First Amendment to the Disposition and Development Agreement between the Authority and Ontario Senior Housing Partners, L.P., on file with the Records Management Department. B. Authorize the Executive Director of the Authority to execute any and all documents necessary or desirable to implement the Agreements.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT WITH ONTARIO SENIOR HOUSING PARTNERS, L.P., FOR DEVELOPMENT OF A SENIOR CITIZEN, RENTAL HOUSING PROJECT

APPROVAL BY THE ONTARIO REDEVELOPMENT AGENCY OF TRANSFER OF CINNAMON RIDGE APARTMENTS TO NEW OWNER

Agency Board adopt a resolution approving the Assignment, Assumption and Consent Agreement regarding the Cinnamon Ridge Apartments (on file with the Records Management Department), and authorizing the Executive Director to determine the sufficiency of the documents related to the transfer and to execute any and all documents necessary or desirable to implement the transfer of the Property.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA APPROVING THE ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT BY AND AMONG THE AGENCY, ONTARIO 4th STREET LLC, AND CINNAMON RIDGE APARTMENTS, LP, IN CONNECTION WITH THE CINNAMON RIDGE APARTMENTS

AMEND AN AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE CITY OF FONTANA REGARDING TRANSFER OF RIGHT OF FIRST PURCHASE OF RECHARGED RECYCLED WATER

Amend an agreement by and between the City of Ontario and the City of Fontana, regarding transfer of right of first purchase of recharged recycled water.

PROFESSIONAL SERVICES AGREEMENT FOR THE BROOKS STREET SEWER PIPELINE IMPROVEMENT PROJECT / HALL & FOREMAN CORPORATION

Approve a Professional Services Agreement (on file with the Records Management Department) with Hall & Foreman Corporation of Rancho Cucamonga, CA, for engineering services to prepare construction plans, specifications and estimates for sewer improvements on Brooks Street between Mountain Avenue and Cypress Avenue, and authorize the City Manager to execute said agreement.

AWARD OF BIDS FOR THE PURCHASE OF FLEET VEHICLE

Award the following bids for the purchase of fleet vehicles:

 

A. Bid No. 08.02-01 to RDO Equipment of Riverside, CA in the amount of $106,612 for the purchase of one John Deere Loader;

 

B. Bid No. 08.02-02 to Long Beach BMW of Signal Hill, CA in the amount of $115,069 for the purchase of five BMW Motorcycles;

 

C. Award purchase to Nilfisk-Advance, Inc. of Plymouth, MI in the amount of $42,781 for the purchase of one Captor 4800 Rider Sweeper/Scrubber per State of California Department of General Services CMAS Contract #4-07-23-0019A.

RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND PARCEL MAP NO. 18505 / ELMA COURT EQUITY PARTNERS LLC

Adopt a resolution approving an Improvement Agreement (on file in the Records Management Department), Improvement Security, and Parcel Map No. 18505 located at the southeast corner of Elma Court and Corona Avenue and submitted by Elma Court Equity Partners LLC, a Delaware Limited Liability Company (Jason Harris) of Costa Mesa, 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. 18505 LOCATED AT THE SOUTHEAST CORNER OF ELMA COURT AND CORONA AVENUE

AWARD CONTRACT NO. PK0708-01 FOR THE REPLACEMENT OF TWO 50-TON HVAC UNITS AT THE POLICE DEPARTMENT / ALLISON MECHANICAL, INC.

Award Contract No. PK 0708-01 to Allison Mechanical, Inc. of Redlands, CA for the replacement of two 50-ton HVAC units at the Police Department in the amount of $170,000 plus a 15% contingency ($25,500) for a total of $195,500, authorize the City Manager to execute said contract (on file in the Records Management Department), and authorize the filing of the Notice of Completion at the conclusion of all construction activities related to the project.

RESOLUTION AUTHORIZING FILING OF APPLICATION TO CONSTRUCT THE ALTERATION OF THE EXISTING GROVE AVENUE UNDERPASS AT THE UNION PACIFIC RAILROAD (UPRR) TRACKS

Adopt a resolution authorizing filing of application to construct, verifying that sufficient funds are available, that all other matters prerequisite to awarding the contract for the alteration of the existing Grove Avenue Underpass at the UPRR tracks will be undertaken and authorize the City Manager to execute the Construction and Maintenance Agreement between the City of Ontario and the Union Pacific Railroad Company when received.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING FILING OF APPLICATION, VERIFYING THAT SUFFICIENT FUNDS ARE AVAILABLE, AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE CONTRACT FOR THE ALTERATION OF THE EXISTING GROVE AVENUE UNDERPASS AT THE TRACKS OF THE UNION PACIFIC RAILROAD P.U.C. NO. B-521.40B WILL BE UNDERTAKEN

GRANT APPLICATION WITH THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL

Authorize application for and acceptance of a 12-month grant for a maximum of $125,000 to assist in funding the salary of an existing officer to work with an Alcoholic Beverage Control (ABC) Investigator in addressing alcohol-related problems within the community and authorize the City Manager to execute the necessary documents in applying for and accepting the grant award.

AWARD CONSTRUCTION CONTRACT PFD06-OCEC-058 FOR DRYWELLS IN CONNECTION WITH THE CONSTRUCTION OF THE PUBLIC PARKING LOT (PARCEL 12) LOCATED AT 3737 CONCOURS AVENUE / TORRENT RESOURCES

City Council/Redevelopment Agency award contract PFD06-OCEC-058 (on file with the Records Management Department) to Torrent Resources of Phoenix, AZ, in the amount of $82,229 for dry wells related to the construction of the public parking lot (Parcel 12) located at 3737 Concours Avenue; authorize the City Manager/Executive Director to execute the contract; and authorize the filing of notices of completion at the conclusion of all construction related activities.

AWARD CONTRACT NO. PK 0708-10 FOR THE CONSTRUCTION OF THE 20 ACRE ONTARIO SOCCER COMPLEX / SIERRA LANDSCAPE COMPANY

A. Reject the lowest bidder, in the amount of $7,869,000, Parkwest Construction Company, for being non-responsive;

 

B. Reject bid protests submitted by OHNO Construction Company and R.C. Construction Services, Inc. finding that bid protests state no legal basis upon which the bid submitted by the lowest responsive, responsible bidder, Sierra Landscape Company, may be deemed non-responsive;

 

C. Award Contract No. PK 0708-10 to Sierra Landscape Company of Palm Desert, CA for the construction of the 20-acre Ontario Soccer Complex in the amount of $7,882,000, plus seven additive alternate items at a total cost of $809,066, plus a twenty-five percent contingency of $2,172,767 for a total amount of $10,863,833; authorize the City Manager to execute said contract (on file in Records Management); and authorize the filing of the Notice of Completion at the conclusion of all construction activities related to the project.

PUBLIC HEARINGS

FILE NO. PSPA07-007, AN AMENDMENT TO THE SUBAREA 29 SPECIFIC PLAN

A public hearing to adopt a resolution approving File No. PSPA07-007, an Amendment to the Subarea 29 specific plan to change the land use designation of Planning Area 29 from Lane Loaded (3,150 square foot minimum lot size) to Lane Loaded (3,150 square foot minimum lot size) and Conventional Single-Family (4,000 to 5,000 square foot minimum lot sizes). Additionally, modifying the Development Standards for the conventional Single-Family land use designation as it pertains to garage setbacks, lot widths, and correcting minor text and graphic errors within the Specific Plan.

 

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. PSPA07-007, AN AMENDMENT TO THE SUBAREA 29 SPECIFIC PLAN, TO CHANGE THE LAND USE DESIGNATION OF PLANNING AREA 29 FROM LANE LOADED (3,150 SQUARE FOOT MINIMUM LOT SIZE) TO LANE LOADED (3,150 SQUARE FOOT MINIMUM LOT SIZE) AND CONVENTIONAL SINGLE-FAMILY (4,000 TO 5,000 SQUARE FOOT MINIMUM LOT SIZES) IN THE SUBAREA 29 SPECIFIC PLAN. ADDITIONALLY, MODIFYING THE DEVELOPMENT STANDARDS FOR THE CONVENTIONAL SINGLE-FAMILY LAND USE DESIGNATION AS IT PERTAINS TO GARAGE SETBACKS, LOT WIDTHS, AND CORRECTING MINOR TEXT AND GRAPHIC ERRORS WITHIN THE SPECIFIC PLAN, GENERALLY LOCATED ON THE SOUTH SIDE OF MERRILL AVENUE, ON THE WEST SIDE OF HAVEN AVENUE, AND NORTH OF THE RIVERSIDE COUNTY LINE, AND MAKING FINDINGS IN SUPPORT THEREOF

Adopt____/____

ORDINANCE REPEALING CHAPTER 27 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE CONCERNING THE SEIZURE AND FORFEITURE OF VEHICLES USED TO SOLICIT PROSTITUTION, ACQUIRE OR ATTEMPT TO ACQUIRE CONTROLLED SUBSTANCES; AND REPEALING CHAPTER 28 OF TITLE 5 CONCERNING THE SEIZURE AND FORFEITURE OF VEHICLES USED TO PARTICIPATE IN MOTOR VEHICLE SPEED CONTESTS

A public hearing to introduce, and waive further reading of, an Ordinance repealing Chapter 27 of Title 5 of the Ontario Municipal Code concerning the seizure and forfeiture of vehicles used to solicit prostitution, acquire or attempt to acquire controlled substances; and repealing Chapter 28 of Title 5 concerning the seizure and forfeiture of vehicles used to participate in motor vehicle speed contests.

 

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, REPEALING CHAPTER 27 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE CONCERNING THE SEIZURE AND FORFEITURE OF VEHICLES USED TO SOLICIT PROSTITUTION, ACQUIRE OR ATTEMPT TO ACQUIRE CONTROLLED SUBSTANCES; AND REPEALING CHAPTER 28 OF TITLE 5 CONCERNING THE SEIZURE AND FORFEITURE OF VEHICLES USED TO PARTICIPATE IN MOTOR VEHICLE SPEED CONTESTS

Introduce____/____

COUNCIL MATTERS

STAFF MATTERS

ADJOURNMENT