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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 |
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Gregory C. Devereaux
City Manager
John E. Brown
City Attorney
Mary E. Wirtes, MMC
City Clerk
James R. Milhiser
Treasurer |
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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.
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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) |
6:30p.m. | |
ROLL CALL
Anderson_, Wapner _, Mautz _, Bowman_, Mayor/Chairman Leon _
PLEDGE OF ALLEGIANCE
Council Member Bowman
INVOCATION
Reverend Nelson Grande, Westminster Presbyterian Church
| 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. | |
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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. |
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Mayor and City Council accept a certificate of Aviation Safety Excellence, presented to the Ontario Police Air Support Unit, in recognition of demonstrated excellence and commitment to Aviation Safety as noted during a Aviation Safety Audit conducted March 13, 2008
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Mayor and City Council accept the Preserve America Community Designation Certificate presented by Congressman Joe Baca’s Office.
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Mayor and City Council present the 2008 “Model Colony” Awards for Historic Preservation.
| Restoration Award: |
For achievement in the exterior and interior restoration of a historic property.
Recipient: Carol Sparks- 211 West I Street |
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| Rehabilitation Award: |
For achievement in the rehabilitation of a historic property.
Recipient: Joseph R. Schwarz- 317 West C Street |
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| John S. Armstrong Landscape Award: |
For achievement in the restoration or preservation of landscaping of a historic property.
Recipients: Frank & Kathleen Bravo- 215 East Harvard Place |
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| Award of Merit: |
For achievement in the ongoing preservation of a historic property.
Recipients: The Lamey Family- 321 Armsley Square
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Mr. & Mrs. Reddick- 611 North Fern Avenue |
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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. |
Minutes for the regular meeting of the City Council, Redevelopment Agency and Housing Authority of May 6, 2008, and May 20, 2008, and approving same as on file in the Records Management Department.
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| 2. |
Bills April 13, 2008 through May 10, 2008 Payroll April 13, 2008 through May 10, 2008, when audited by the Finance Committee.
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| 3. |
Adopt a resolution approving the City’s application for a 2008-2009 14th Cycle Used Oil Block Grant from the State of California Integrated Waste Management Board.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR A 2008-2009 (14TH CYCLE) USED OIL RECYCLING BLOCK GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD TO FUND EDUCATION AND PROMOTIONAL ACTIVITIES RELATED TO USED OIL RECYCLING
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| 4. |
Authorize the City Manager to execute a Professional Services Agreement (on file in the Records Management Department) for preparation of design plans, specifications and construction management services related to frontage improvements at the Public Works Services Center with Robert Borders & Associates of Newport Beach, CA, in the amount of $126,745 plus contingency and reimbursables (15%) for a total contract amount of $145,756.
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| 5. |
Approve a Professional Services Agreement with E.S. Babcock & Sons, Inc. of Riverside, CA for analytical laboratory services for water and wastewater in the amount of $295,000 and authorize the City Manager to execute said agreement (on file in the Records Management Department).
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| 6. |
Authorize the City Manager to execute an Agreement (on file with the Records Management Department) with Micro-Design, Inc. of Dallas, TX, for the replacement of a Compressed Natural Gas (CNG) compressor at the Public Works Service Center in the amount of $430,850 plus a contingency of $8,250 for a total of $439,100, and authorize the filing of the Notice of Completion at the conclusion of all construction activities.
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| 7. |
Adopt two resolutions approving applications for grant funding (CALFED Water Use Efficiency Grant and Water 2025 Grant) from the U.S. Bureau of Reclamation.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION TO OBTAIN CALFED WATER USE EFFICIENCY GRANT FUNDING FROM THE UNITED STATES BUREAU OF RECLAMATION TO PARTIALLY FUND A HIGH-EFFICIENCY TOILET DIRECT INSTALLATION PROGRAM FOR INCOME-QUALIFIED RESIDENTS
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION TO OBTAIN WATER 2025 GRANT FUNDING FROM THE UNITED STATES BUREAU OF RECLAMATION TO PARTIALLY FUND A HIGH-EFFICIENCY TOILET DIRECT INSTALLATION PROGRAM FOR INCOME-QUALIFIED RESIDENTS
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| 8. |
Approve an amendment to the Professional Services Agreement with Albert A. Webb Associates of Riverside, CA for construction management and inspection services in the amount of $115,000 for the Milliken Avenue 42-inch and 24-inch Transmission Mains Project and authorize the City Manager to execute said Amendment (on file with the Records Management Department).
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| 9. |
Approve the budget adjustments and recommendations as listed in the Third Quarter Budget Report for Fiscal Year 2007-2008.
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| 10. |
Authorize the City Manager to execute a two-year Maintenance Service Agreement (on file with the Records Management Department) for Contract No. PK0708-15 with Merchants Landscape Services of Rancho Cucamonga, CA, for an annual cost of $352,800, plus contingency of $17,640 and authorize the addition of future service areas and the option to extend the Agreement for up to two additional years consistent with City Council approved budgets.
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| 11. |
Agency Board award Contract No. RDA 0708-03 in the amount of $577,470 (contract amount of $481,225 plus a 20% contingency amount of $96,245) to Hillcrest Contracting Inc., of Corona, CA, to complete certain parking lot and landscaping improvements and 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.
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| 12. |
Adopt a Resolution authorizing the City Manager, or his designee, to execute the First Amendment to the HOME Investment Partnership Agreement, dated June 3, 2008 (on file with the Records Management Department) and all other related documents by and between Mercy House CHDO, Inc., a non-profit HOME Community Housing Development Organization (CHDO) and the City of Ontario.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE HOME PARTNERSHIP AGREEMENT WITH MERCY HOUSE CHDO, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
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| 13. |
Set the appeal for public hearing at the June 17, 2008, City Council meeting for File No. PCUP 02-007 – appeal of the Planning Commission’s decision revoking a Conditional Use Permit for Dos Coronas Restaurant & Bar for live entertainment in conjunction with the sale and on-premise consumption of alcoholic beverages and distilled spirits within a bona fide restaurant located at 350 North Mountain Avenue in the C3, General Commercial, zoning designation. The appellant is claiming denial of due process, abuse of discretion, and decision not supported by the record. APN: 1010-521-27
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| 14. |
Authorize the City Manager, or his designee to:
A. Submit an $11.25 million LAWA Grant Implementation Plan (on file with the Records Management Department);
B. Execute the future LAWA Letter Agreement to secure the $11.25 million grant and any future amendments to the GIP or the Letter Agreement; and
C. Execute all other documents necessary to implement the GIP.
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| 15. |
This item is being continued to the June 17, 2008 Council Meeting.
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| 16. |
Approve the plans and specifications, and award Project No. ST0705 (on file in the Records Management Department) to Silvia Construction, Inc. of Rancho Cucamonga, CA, for street improvements on Etiwanda Avenue from 1685’ south of Fourth Street to Fourth Street and loop road emergency storm damage repair, for the bid amount of $491,604 plus a fifteen percent contingency of $73,741 for a total authorized expenditure of $565,345 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.
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| 17. |
Approve the plans and specifications, reject the bid submitted by Ken Thompson, Inc. as non-responsive and award Contract No. SE0601-B (on file in the Records Management Department) to the lowest responsible, responsive bidder Utah Pacific Construction Company, of Murrieta, CA, for the Holt Boulevard Trunk Sewer Phase B from Lemon Avenue to east of San Antonio Avenue, in the bid amount of $2,294,240 plus a fifteen percent contingency of $344,136 for a total of $2,638,376; 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.
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| 18. |
Adoption 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.
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
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| 19. |
Adoption of an Ordinance amending Chapter 7 of Title 7 of the Ontario Municipal Code amending overhead utility undergrounding requirements.
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
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| 20. |
Approve the following:
A. A Professional Services Agreement (on file in the Records Management Department) with Moffatt & Nichol for Project Approval and Environmental Documentation (PA&ED) Services not to exceed $1,148,899 needed to complete the rail/highway grade separations at Archibald Avenue and at Milliken Avenue both north of Mission Boulevard at the Union Pacific Railroad.
B. A Professional Services Agreement (on file in the Records Management Department) with HDR Engineering, Inc. for PA&ED Services not to exceed $614,222 needed to complete the rail/highway grade separation at Vineyard Avenue north of Airport Drive at the Union Pacific Railroad.
C. Authorize the City Manager to execute said Agreements and future amendments to the Agreements.
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| 21. |
Approve the plans and specifications, and award Project No. ST0608 and No. ST0611 (on file in the Records Management Department) to All American Asphalt of Corona, CA, for street improvements on Philadelphia Street from Vineyard Avenue to Archibald Avenue and Sierra Court from Sultana Avenue to Pleasant Avenue, for the bid amount of $726,000 plus a fifteen percent contingency of $108,900 for a total authorized expenditure of $834,900; 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.
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| 22. |
Approve the plans and specifications, and award Project No. ST0613 (on file in the Records Management Department) to Addison Equipment Rental, of Fontana, CA, for the bid amount of $171,499 plus a twenty percent contingency of $34,300 for a total authorized expenditure of $205,799; 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.
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| 23. |
Approve three Cooperative Agreements totaling $2,250,000 (on file in the Records Management Department) with SANBAG for funding of the Project Approval and Environmental Documentation (PA&ED) Services needed to complete rail-highway grade separations at three locations in the city, and authorize the City Manager to execute said Agreements and future amendments to the Agreements.
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| 24. |
That the City Council approve and authorize the City Manager to execute an agreement (on file with the Records Management Department) in the amount of $25,000 plus business attraction fees with Capital Funding Solutions, LLC, of North Barrington, Illinois.
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| 25. |
Adoption of an Ordinance levying special taxes within Community Facilities District No. 13 (California Commerce Center - Phase IV).
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)
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Mayor Leon
Mayor pro Tem Anderson
Council Member Wapner
Council Member Mautz
Council Member Bowman
APPOINTMENT TO CHINO VALLEY UNIFIED SCHOOL DISTRICT - CITIZEN'S OVERSIGHT COMMITTEE
City Manager Devereaux
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ADMINISTRATIVE REPORTS/DISCUSSION/ACTION |
| 27. |
A hearing to adopt a resolution authorizing the issuance of special tax bonds for Community Facilities District No. 13 (California Commerce Center – Phase IV). The resolution:
A. Authorizes the issuance of special tax bonds for public improvements required to facilitate the development of the California Commerce Center – Phase IV project;
B. Approves the forms of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement;
C. Authorizes a negotiated sale of the special tax bonds to RBC Capital Markets (the “Underwriter”) in accordance with the terms of the Bond Purchase Agreement;
D. Authorizes the execution of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement by the City Manager, or his designee;
E. Authorizes the execution of the special tax bonds by the Mayor; and
F. Authorizes the appointment by the City Manager of a trustee for the District.
Written communication.
Oral presentation.
Hearing closed.
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 13 OF THE CITY OF ONTARIO (CALIFORNIA COMMERCE CENTER — PHASE IV) 2008 SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($6,150,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
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