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May 06, 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, ANTICIPATED LITIGATION: 1 case


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

PLEDGE OF ALLEGIANCE

Council Member Mautz

INVOCATION 

Brother Donald Sanders, Calvary Apostolic Tabernacle

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 BUDGET AWARDS FOR FISCAL YEAR 2007-08

Mayor and City Council accept the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) and the Certificate for Excellence in Operational Budgeting from the California Society of Municipal Finance Officers (CSMFO) for the City’s Fiscal Year 2007-08 Annual Operating Budget.



PROCLAIM MAY 18-24, 2008 AS NATIONAL PUBLIC WORKS WEEK IN ONTARIO, CALIFORNIA

Mayor and City Council proclaim May 18-24, 2008 as National Public Works Week in Ontario, CA. This year’s theme is “The Future is Now.”



HISTORIC PRESERVATION MONTH, MAY 2008

Mayor and City Council proclaim the month of May 2008, as Historic Preservation Month.



PROCLAIM MAY 11 – 17 “BLUE RIBBON WEEK”

Mayor and City Council proclaim the week of May 11 - 17 as "Blue Ribbon Week" in the City of Ontario, to commemorate law enforcement personnel who have lost their lives in the line of duty and to encourage support for law enforcement throughout the nation.



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 15, 2008, and the Special Meetings of the City Council, Redevelopment Agency and Housing Authority and Planning Commission on April 21, 2008, and approving same as on file in the Records Management Department.



2.

BILLS/PAYROLL

Bills March 23, 2008 through April 12, 2008 Payroll March 30, 2008 through April 12, 2008, when audited by the Finance Committee.



3.

AWARD CONTRACT NO. PK 0708-013 FOR THE INSTALLATION OF FIVE HVAC UNITS FOR THE POLICE DEPARTMENT COMPUTER ROOMS / ALLISON MECHANICAL, INC.

Award Contract No. PK 0708-013 to Allison Mechanical, Inc. of Redlands, CA, for the installation of five heating, ventilation, and air conditioning (HVAC) units at the Police Department in the amount of $153,650 plus a 15% contingency ($23,048) for a total of $176,698; authorize the City Manager to execute said contract (on file in the Records Management Department); and authorize the filing of a Notice of Completion at the conclusion of all construction activities related to the project.



4.

ACQUISITION OF LAND LOCATED AT 1947 CONVENTION CENTER WAY FOR ADDITIONAL PARKING FOR THE ONTARIO CONVENTION CENTER

City Council and Agency Board adopt resolutions authorizing and directing staff to acquire land at a cost of $6,950,000 plus transaction fees for additional parking to service the Ontario Convention Center (OCC) and authorizing the use of redevelopment tax increment funds for that purpose.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE PURCHASE OF CERTAIN REAL PROPERTY LOCATED AT 1947 CONVENTION CENTER WAY FOR PURPOSES OF PUBLIC PARKING, AND APPROVING THE USE OF PROPERTY TAX INCREMENT THEREFOR, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33391, 33421.1 AND 33445

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, MAKING CERTAIN FINDINGS CONCERNING THE USE OF PROPERTY TAX INCREMENT BY THE ONTARIO REDEVELOPMENT AGENCY TO PURCHASE CERTAIN REAL PROPERTY LOCATED AT 1947 CONVENTION CENTER WAY, AND TO DEVELOP ON THE PROPERTY PUBLIC PARKING FACILITIES, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33391, 33421.1 AND 33445



5.

AWARD THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT FOR FIREFIGHTERS / FISHER SCIENTIFIC COMPANY, LLC.

Award the purchase of personal protective equipment to Fisher Scientific Company, LLC., of Hanover Park, IL, in the amount of $212,544.



6.

UPDATED CONTRACT WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR REVENUE SHARING

Authorize the City Manager to execute an agreement (on file in the Records Management Department) with Rancho Santiago Community College District for a revenue sharing arrangement related to fire educational training.



7.

AWARD OF CONTRACT NO. RDA 0708-02 FOR TENANT IMPROVEMENTS AT 603 NORTH EUCLID AVENUE / MACERICH CONSTRUCTION, INC.

Agency Board award Contract No. RDA 0708-02 in the amount of $198,000 plus a 20% contingency, or $39,600, for a total amount of $237,600 to Macerich Construction, Inc., of Orange, CA, to complete certain tenant improvements; authorize the Executive Director or his designee following the award, to execute the contract and other related documents, accept the improvements when completed; and file a Notice of Completion at the conclusion of all construction activities related to the project.



8.

AWARD OF FINANCIAL AUDIT SERVICES CONTRACT / LANCE, SOLL & LUNGHARD, LLP

Authorize the City Manager to execute a professional services contract with the accounting firm of Lance, Soll & Lunghard, LLP, of Brea, CA. to perform annual auditing services for the City of Ontario, the Ontario Redevelopment Agency, the Ontario Housing Authority, the Ontario Redevelopment Financing Authority, and the Industrial Development Authority for a period of up to five years (three year contract with two one-year options).



9.

AMENDMENT OF WATER PURCHASE AGREEMENT WITH CHINO BASIN DESALTER AUTHORITY

Approve an amendment of the existing Water Purchase Agreement with Chino Basin Desalter Authority to allow member agencies the option to prepay their share of the debt service payments related to bonds issued by the Chino Basin Desalter Authority.



10.

IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 17728 LOCATED AT THE NORTHWEST CORNER OF CALIFORNIA STREET AND EUCLID AVENUE / REXXON HOLDINGS, INC.

Adopt a resolution approving an Improvement Agreement (on file in the Records Management Department), Improvement Security and Final Parcel Map No. 17728 located at the northwest corner of California Street and Euclid Avenue and submitted by the developer, Rexxon Holdings, Inc. (Felipe De Los Reyes) of Walnut, CA

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL PARCEL MAP NO. 17728 LOCATED AT THE NORTHWEST CORNER OF EUCLID AVENUE AND CALIFORNIA STREET



11.

2007-08 PROPOSITION 1B LOCAL STREETS AND ROADS IMPROVEMENT EXPENDITURE PLAN

Adopt a resolution approving the 2007-08 Proposition 1B Local Streets and Roads Improvement Expenditure Plan and authorize the City Manager to submit the appropriate documents to the State Department of Finance.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE CAPITAL EXPENDITURE PLAN, FOR USE OF PROPOSITION 1B LOCAL STREETS AND ROADS IMPROVEMENT, CONGESTION RELIEF, AND TRAFFIC SAFETY ACCOUNT FUNDS AVAILABLE IN 2007-08



12.

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

This item is being continued to the June 3, 2008 Council Meeting.



13.

RESOLUTION AUTHORIZING THE SOLE SOURCE OF THE PURCHASE OF THE COLLECTIVE HOSPITALITY AND OFFICE FURNITURE BY AEG FOR THE COMMUNITY EVENTS CENTER AND SECOND AMENDMENT TO THE COMMUNITY EVENTS CENTER OPERATING AGREEMENT

Adopt a Resolution authorizing the sole source of the purchase of the collective hospitality and office furniture by AEG for the Citizen’s Business Bank Arena and authorize the City Manager to enter into a second amendment to the Community Events Center Operating Agreement to facilitate the purchase of furniture.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE SOLE SOURCE OF THE PURCHASE OF THE COLLECTIVE HOSPITALITY AND OFFICE FURNITURE BY AEG FOR THE COMMUNITY EVENTS CENTER



PUBLIC HEARINGS



14.

FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER - PHASE IV) AND AN ORDINANCE LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO

A public hearing to:

 

A. Adopt a Resolution of the City Council of the City of Ontario establishing Community Facilities District No. 13 of the City of Ontario (California Commerce Center - Phase IV), authorizing the levy of special taxes within the community facilities district, and calling an election therein;

 

B. Adopt a Resolution of the City Council of the City of Ontario deeming it necessary to incur bonded indebtedness within Community Facilities District No. 13 of the City of Ontario (California Commerce Center - Phase IV) in an amount not to exceed $6,150,000, and calling an election thereon;

 

C. Adopt a Resolution of the City Council of the City of Ontario certifying the results of the Special Tax and Bond Election for Community Facilities District No. 13 of the City of Ontario (California Commerce Center - Phase IV); and

 

D. Introduce a Ordinance of the City of Ontario levying special taxes within Community Facilities District No. 13 of the City of Ontario (California Commerce Center - Phase IV).

 

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, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER – PHASE IV), AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING AN ELECTION THEREON

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $6,150,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER – PHASE IV) AND CALLING AN ELECTION THEREON

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CERTIFYING THE RESULTS OF THE MAY 6, 2008 SPECIAL TAX AND BOND ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER – PHASE IV)

Adopt___

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER – PHASE IV)

Introduce___



15.

MID-TERM REVIEW OF REDEVELOPMENT AGENCYS FIVE-YEAR IMPLEMENTATION PLAN

A public hearing for the Board of the Redevelopment Agency to adopt a Resolution approving the Mid-Term Review of the Redevelopment Plan for the Agency’s five Redevelopment Plans.

 

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 ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING THE MID-TERM REVIEW OF THE FIVE-YEAR IMPLEMEMENTATION PLAN (2005-2009) FOR THE ONTARIO REDEVELOPMENT PROJECT NO. 1 PROJECT AREA, THE ONTARIO REDEVELOPMENT PROJECT NO. 2 PROJECT AREA, THE CENTER CITY REDEVELOPMENT PROJECT AREA, THE CIMARRON REDEVELOPMENT PROJECT AREA, AND THE GUASTI REDEVELOPMENT PROJECT AREA

Adopt___



16.

RESOLUTIONS PROVIDING A TEMPORARY PERIOD FOR A PROGRAM OF DEVELOPMENT IMPACT FEE DEFERRAL AND ADOPTING AND MODIFYING DEVELOPMENT IMPACT FEE POLICIES

A public hearing to:

 

A. Adopt a resolution to provide a temporary period for a program to permit deferral of the payment of Development Impact Fees for phases of residential development;

 

B. Adopt a resolution to adopt implementation policies for the application of Development Impact Fees in the existing City (Old Model Colony); revise implementation policies for the application of Development Impact Fees in the New Model Colony; and modify the land use definitions in the Development Impact Fee program to clarify that certain institutional uses are to be classified with other Commercial Office uses.

 

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 TO ESTABLISH A RESIDENTIAL DEVELOPMENT STIMULUS PROGRAM TO PROVIDE AN OPTION FOR DEFERRAL OF DEVELOPMENT IMPACT FEES FOR A TEMPORARY PERIOD ENDING DECEMBER 31, 2008

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO CALIFORNIA ADOPTING AND MODIFYING DEVELOPMENT IMPACT FEE POLICIES AND DEFINITIONS

Adopt___



17.

AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 7 OF THE ONTARIO MUNICIPAL CODE AMENDING OVERHEAD UTILITY UNDERGROUNDING REQUIREMENTS

A public hearing to introduce, and waive further reading of an Ordinance amending Chapter 7 of Title 7 of the Ontario Municipal Code amending overhead utility undergrounding requirements.

 

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, AMENDING CHAPTER 7 OF TITLE 7 OF THE ONTARIO MUNICIPAL CODE, AMENDING OVERHEAD UTILITY UNDERGROUNDING REQUIREMENTS

Introduce____/____



18.

AN ORDINANCE AMENDING SECTIONS 4-6.1501 AND 4-6.1502 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO DECLARED PRIMA FACIE SPEED LIMITS

A public hearing to introduce, and waive further reading of an Ordinance amending Sections 4-6.1501 and 4-6.1502 of Article 15, Chapter 6, Title 4, of the Ontario Municipal Code, pertaining to declared prima facie speed limits within the City.

 

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, AMENDING SECTIONS 4?6.1501 AND 4-6.1502 OF THE ONTARIO MUNICIPAL CODE PERTAINING TO DECLARED PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS WITHIN THE CITY

Introduce____/____



COUNCIL MATTERS

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


STAFF MATTERS

City Manager Devereaux

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION



19.

ONE-YEAR ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”), HOME INVESTMENT PARTNERSHIP (“HOME”), AMERICAN DREAM DOWNPAYMENT INITIATIVE (“ADDI”), AND EMERGENCY SHELTER GRANT (“ESG”) PROGRAMS FOR FY 2008-2009

Approve the proposed One-Year Action Plan for FY2008-09 (on file in the Records Management Department); direct staff to prepare and transmit the final documents to the U.S. Department of Housing and Urban Development (“HUD”); and authorize the City Manager, or his designee, to take all actions necessary or desirable to implement the One-Year Action Plan and Subrecipient Agreements.





 
 
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