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April 15, 2008


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 54956.9, 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 

Reverend Frank Hamilton, First Christian Church of Ontario

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.



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 April 1, 2008, and approving same as on file in the Records Management Department.



2.

BILLS/PAYROLL

Bills March 9, 2008 through March 22, 2008 Payroll March 15, 2008 through March 29, 2008, when audited by the Finance Committee.



3.

IMPLEMENTATION AGREEMENT TO INDENTURE OF TRUST FOR ONTARIO REDEVELOPMENT AGENCY PROJECT NO. 1 SUBORDINATED TAXABLE TAX ALLOCATION BONDS, ISSUE OF 2001 AND REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE ONTARIO REDEVELOPMENT AGENCY REGARDING THE CITYS ADVANCEMENT OF THE AGENCYS ANNUAL ADMINISTRATIVE COSTS

City Council and the Ontario Redevelopment Agency adopt resolutions in the following order:

 

1 (a) A resolution of the City Council of the City of Ontario, California, approving the Termination of Implementation Agreement by and between the City of Ontario and the Ontario Redevelopment Agency pertaining to the Redevelopment Project No. 1 Subordinated Taxable Tax Allocation Bonds, Issue of 2001.

 

1 (b) A resolution of the Ontario Redevelopment Agency of the City of Ontario, California, approving the Termination of Implementation Agreement by and between the City of Ontario and the Ontario Redevelopment Agency pertaining to the Redevelopment Project No. 1 Subordinated Taxable Tax Allocation Bonds, Issue of 2001.

 

2 (a) A resolution of the City Council of the City of Ontario, California, approving the Supplemental Indenture of Trust by and between the Ontario Redevelopment Agency and the City of Ontario pertaining to Redevelopment Project No. 1 Subordinated Taxable Tax Allocation Bonds, Issue of 2001.

 

2 (b) A resolution of the Ontario Redevelopment Agency of the City of Ontario, California, approving the Supplemental Indenture of Trust by and between the Ontario Redevelopment Agency and the City of Ontario pertaining to Redevelopment Project No. 1 Subordinated Taxable Tax Allocation Bonds, Issue of 2001.

 

3 (a) A resolution of the City Council of the City of Ontario, California, approving the Cooperation Agreement by and between the City of Ontario and the Ontario Redevelopment Agency pertaining to the advancement and repayment of certain administrative costs.

 

3 (b) A resolution of the Ontario Redevelopment Agency of the City of Ontario, California, approving the Cooperation Agreement by and between the City of Ontario and the Ontario Redevelopment Agency pertaining to the advancement and repayment of certain administrative costs.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE TERMINATION OF IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE ONTARIO REDEVELOPMENT AGENCY PERTAINING TO THE REDEVELOPMENT PROJECT NO. 1 SUBORDINATED TAXABLE TAX ALLOCATION BONDS, ISSUE OF 2001

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE TERMINATION OF IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE ONTARIO REDEVELOPMENT AGENCY PERTAINING TO THE REDEVELOPMENT PROJECT NO. 1 SUBORDINATED TAXABLE TAX ALLOCATION BONDS, ISSUE OF 2001

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUPPLEMENTAL INDENTURE OF TRUST BY AND BETWEEN THE ONTARIO REDEVELOPMENT AGENCY AND THE CITY OF ONTARIO PERTAINING TO REDEVELOPMENT PROJECT NO. 1 SUBORDINATED TAXABLE TAX ALLOCATION BONDS, ISSUE OF 2001

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUPPLEMENTAL INDENTURE OF TRUST BY AND BETWEEN THE ONTARIO REDEVELOPMENT AGENCY AND THE CITY OF ONTARIO PERTAINING TO REDEVELOPMENT PROJECT NO. 1 SUBORDINATED TAXABLE TAX ALLOCATION BONDS, ISSUE OF 2001

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE ONTARIO REDEVELOPMENT AGENCY PERTAINING TO THE ADVANCEMENT AND REPAYMENT OF CERTAIN ADMINISTRATIVE COSTS

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND THE ONTARIO REDEVELOPMENT AGENCY PERTAINING TO THE ADVANCEMENT AND REPAYMENT OF CERTAIN ADMINISTRATIVE COSTS



4.

AWARD BIDS FOR THE PURCHASE OF FIXTURES AND EQUIPMENT IN CONNECTION WITH THE CONSTRUCTION OF THE COMMUNITY EVENT CENTER / ZAMBONI COMPANY / IRWIN SEATING

City Council/Redevelopment Agency award bid PFD06?OCEC?059 for the purchase of two ice resurfacing machines to Zamboni Company of Paramount, CA, in the amount of $158,058; award bid PFD06-OCEC-050 for the purchase and installation of telescopic and fixed seating to Irwin Seating of Grand Rapids, MI, in the amount of $2,210,233; and authorize the City Manager/Executive Director to execute the contracts (on file with the Records Management Department) and file notices of completion at the conclusion of all construction related activities.



5.

APPLICATION FOR GRANT FUNDING FOR THE ONTARIO TOWN SQUARE PROJECT COMMUNITY PARK PLAZA FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENTS (HCD) INFILL INFRASTRUCTURE GRANT PROGRAM

A. Adopt a Resolution authorizing staff to submit an application (on file with the Records Management Department) to the HCD Infill Infrastructure Grant Program for up to $3,423,931 million in funding to be utilized towards the Ontario Town Square Project Community Park Plaza;

 

B. Authorize the City Manager to execute a Standard Agreement and any amendments thereto; and

 

C. Authorize the City Manager to execute any related documents necessary to participate in the Infill Infrastructure Grant Program.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, (I) AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE INFILL INFRASTRUCTURE GRANT PROGRAM; (II) IF SELECTED FOR SUCH FUNDING, AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE INFILL INFRASTRUCTURE GRANT PROGRAM



6.

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES / ROBERT BORDERS & ASSOCIATES

Authorize the City Manager to execute an amendment to an existing Professional Services Agreement (on file in the Records Management Department) with Robert Borders & Associates of Newport Beach, CA, for design services in the amount of $63,400 plus a fifteen percent (15%) contingency of $9,510 for a total authorized contract amount of $234,110.



7.

APPROVE THE PLANS, SPECIFICATIONS, AND AWARD CONTRACT NO. ST0703 FOR STREET IMPROVEMENTS ON JURUPA STREET FROM INTERSTATE 15 TO DAY CREEK CHANNEL / RJ NOBLE COMPANY

Approve the plans and specifications, and award Contract No. ST0703 (on file in the Records Management Department) to RJ Noble Company of Orange, CA, for the bid amount of $381,196 plus a fifteen percent contingency of $57,179 for a total authorized expenditure of $438,375; and authorize the City Manager to execute said contract and related documents, and file a notice of completion at the conclusion of all construction activities related to the project.



8.

ACQUISITION OF TAX-DEFAULTED PROPERTIES BY THE CITY OF ONTARIO

Adopt a Resolution requesting that certain tax defaulted parcels be removed from the County of San Bernardino public auction process allowing for purchase by the City, and authorizing the Executive Director, or his designee, to take all actions necessary or desirable to implement the Resolution.



9.

SUBMITTAL OF $3.0 MILLION FEDERAL AVIATION ADMINISTRATION (FAA) GRANT APPLICATION FOR RESIDENTIAL SOUND INSULATION IN THE QUIET HOME PROGRAM AREA

Authorize the City Manager, or his designee to:

A.   Submit and execute a $3.0 million FAA grant application (on file with the Records Management Department), including all grant application related documents;

B.   Accept and execute the future FAA grant offer; and

C.   Execute the future Los Angeles World Airports (LAWA) Letter of Agreement to secure $750,000 in grant matching funds; sign all FAA and LAWA grant implementation documents; and submit and execute any future FAA or LAWA grant amendments related to the grant application.



PUBLIC HEARINGS



10.

A PUBLIC HEARING TO CONSIDER FILE NOS. PDEV07-033 & PCUP07-028, A DEVELOPMENT PLAN TO CONSTRUCT A 175-ROOM, 8-STORY, FULL SERVICE EMBASSY SUITES HOTEL / TGA DEVELOPMENT & ENGINEERING INC.

A public hearing to consider adoption of resolutions approving File Nos. PDEV07-033 & PCUP07-028, a Development Plan to construct a 175-room, 8-story, full service Embassy Suites Hotel on 3.46 acres, in conjunction with a conditional use permit to establish the hotel use, located along the southeast corner of Haven Avenue and the I-10 Freeway within the entertainment district of the Ontario Gateway Specific Plan, submitted by TGA Development & Engineering Inc.

 

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. PCUP07-028, A CONDITIONAL USE PERMIT TO ESTABLISH A HOTEL USE FOR PROPERTY LOCATED WITHIN THE ENTERTAINMENT DISTRICT OF THE ONTARIO GATEWAY SPECIFIC PLAN, LOCATED ALONG THE SOUTHEAST CORNER OF HAVEN AVENUE AND THE I-10 FREEWAY, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 210-212-51

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDEV07-033, A DEVELOPMENT PLAN TO CONSTRUCT AN 8-STORY, 175-ROOM FULL SERVICE EMBASSY SUITES HOTEL ON 3.46 ACRES OF LAND FOR PROPERTY LOCATED WITHIN THE ENTERTAINMENT DISTRICT OF THE ONTARIO GATEWAY SPECIFIC PLAN, LOCATED ALONG THE SOUTHEAST CORNER OF HAVEN AVENUE AND THE I-10 FREEWAY, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 210-212-51

 

Adopt____/____



11.

PUBLIC HEARING TO ADD CHAPTER 17 OF TITLE 8 TO THE ONTARIO MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A SYSTEMATIC HEALTH AND SAFETY INSPECTION PROGRAM

A public hearing to introduce, and waive further reading of, an Ordinance to add Chapter 17 of Title 8 of the Municipal Code relating to the inspection of certain properties; approving the proposed additions and review the specific program plans for the implementation of said ordinance.

 

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, ADDING CHAPTER 17 TO TITLE 8 OF THE ONTARIO MUNICIPAL CODE ESTABLISHING A SYSTEMATIC HEALTH AND SAFETY INSPECTION PROGRAM

 

Introduce____/____



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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