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CITY OF ONTARIO CITY COUNCIL, REDEVELOPMENT AGENCY, AND HOUSING AUTHORITY AGENDA
June 17, 2008 |
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.
- All documents for public review are on file with the Records Management/City Clerk’s Department located at 303 East B Street, Ontario, CA 91764.
- Anyone wishing to speak during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time.
- Comments will be limited to 3 minutes. Speakers 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 Public Comment at 6:30 p.m. immediately followed by the 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 Wapner
INVOCATION
Pastor Edward Blonski, Redeemer Lutheran 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 may 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 Council accept the Compass Blueprint Award for the Town Center Project which was presented at the Eighth Annual Regional Housing Summit.
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Mayor and Council will present Certificates of Recognition to Miss City of Ontario Queens as follows:
| Miss City of Ontario |
Traci Bills |
| Teen Miss City of Ontario |
Baylie Sosa |
| Pre-Teen Miss City of Ontario |
Abigale Lopez |
| Junior Miss City of Ontario |
Emiley Massey |
| Mini Miss City of Ontario |
Cierah Castaneda |
| Little Miss City of Ontario |
Desiree Silva |
| Tiny Miss City of Ontario |
Alyssa Shell |
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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 June 3, 2008, and approving same as on file in the Records Management Department.
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| 2. |
Bills May 11, 2008 through May 24, 2008 Payroll May 11, 2008 through May 24, 2008, when audited by the Finance Committee.
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| 3. |
Adopt Resolutions to call for and set the date of the General Municipal Election as November 4, 2008; request the San Bernardino County Registrar of Voters consolidate the election with the General Election; and approve regulations for candidates for elective office pertaining to candidates statements submitted to the voters.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, CALIFORNIA, TO CONSOLIDATE THE REGULARLY SCHEDULED GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION
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| 4. |
Direct staff to review the City’s Conflict of Interest Code as required by the 2008 Local Agency Biennial Notice of the Political Reform Act.
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| 5. |
Authorize the City Manager to execute a cost-sharing agreement (on file with the Records Management Department) with the Chaffey Joint Union High School District for three school resource officers, in the amount of $219,832.
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| 6. |
Adopt a resolution approving Parcel Map No. 16979, located on the north side of Inland Empire Boulevard between Turner Avenue and Archibald Avenue and submitted by MPC Ontario Festival, LLC.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING PARCEL MAP NO. 16979 LOCATED ON THE NORTH SIDE OF INLAND EMPIRE BOULEVARD BETWEEN TURNER AVENUE AND ARCHIBALD AVENUE
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| 7. |
Approve the plans and specifications, and award Project No. SM0701 (on file in the Records Management Department) to YAKAR, of Glendora, CA, for the bid amount of $96,000 plus a twenty percent contingency of $19,200 for a total authorized expenditure of $115,200 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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| 8. |
Approve Amendment No. 2 to the Professional Services Agreement with DMJM+Harris (on file in the Records Management Department) of Ontario, CA, for Engineering and Environmental Consultant Services for the Mission Boulevard Widening Project from Archibald Avenue to Haven Avenue (ST9905) in the amount of $74,052 and authorize the City Manager to execute said amendment and related documents.
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| 9. |
Approve the plans and specifications, and award Project No. ST0701 (on file in the Records Management Department) to American Asphalt South, Inc., of Fontana, CA, for the bid amount of $1,457,435 plus a twenty-five percent contingency of $364,359 for a total authorized expenditure of $1,821,794 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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| 10. |
City Council/Redevelopment Agency award bid PFD06-OCEC-064 for the purchase of a Portable Basketball Floor to the Horner Flooring Company of Dollar Bay MI, in the amount of $104,087 and award bid PFD06-OCEC-065 for the purchase of Floor Seating to Greenwich Industries, dba Clarin of Lake Bluff, IL in the amount of $162,838.
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| 11. |
Approve a three-year agreement with the Inland Valley Humane Society, of Pomona, CA, for the provision of animal control services with an initial annual fee of $431,250 and adopt a resolution updating license fees and daily board and care charges.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, MODIFYING DOG LICENSING FEES
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| 12. |
Take final actions regarding the addition of Chapter 17 of Title 8 of the Municipal Code relating to the systematic health and safety inspection program by adopting an ordinance and resolution. Establishing the associated program fee and designating properties subject to inspection.
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
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ESTABLISHING THE SYSTEMATIC INSPECTION PROGRAM FEE AND DESIGNATING PROPERTIES SUBJECT TO INSPECTION
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| 13. |
A public hearing to adopt resolutions to approve Conditional Use Permit File Nos. PCUP07-040 to operate a four-story, 118-room hotel and File No. PCUP07-041 to operate a five-story, 122-room hotel, located at the northeast corner of the SR-60 freeway and Haven Avenue, within the commercial / office land use designation of the Haven Gateway Centre 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. PCUP07-040, A CONDITIONAL USE PERMIT TO OPERATE A FOUR-STORY, 118-ROOM HOTEL ON 14.2 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE SR-60 FREEWAY AND HAVEN AVENUE, IN THE COMMERCIAL/OFFICE LAND USE DESIGNATION OF THE HAVEN GATEWAY CENTRE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0218-071-50
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP07-041, A CONDITIONAL USE PERMIT TO OPERATE A FIVE-STORY, 122-ROOM HOTEL ON 14.2 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE SR-60 FREEWAY AND HAVEN AVENUE, IN THE COMMERCIAL/OFFICE LAND USE DESIGNATION OF THE HAVEN GATEWAY CENTRE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0218-071-50
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A public hearing to adopt a Negative Declaration and adopt a resolution approving File No. PSPA07-008, a Specific Plan Amendment to the Pacific Gate-East Gate Specific Plan to allow a 75’ tall freeway oriented digital sign at 1151 S. Kettering Drive, located within the commercial/food land use designation, submitted by Ontario Auto Center Dealers Association (APN:238-251-10).
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. PSPA07-008, A SPECIFIC PLAN AMENDMENT TO THE PACIFIC GATE-EAST GATE SPECIFIC PLAN TO ALLOW A 75-FOOT TALL FREEWAY ORIENTED DIGITAL SIGN AT 1151 S. KETTERING DRIVE, LOCATED WITHIN THE COMMERCIAL/FOOD LAND USE DESIGNATION, SUBMITTED BY ONTARIO AUTO CENTER DEALERS ASSOCIATION , AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 238-251-10.
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| 15. |
A public hearing on the appeal and deny the appeal thereby affirming the Planning Commission’s decision to revoke the Conditional Use Permit for File NO. PCUP02-007 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 305 North Mountain Avenue in the C3, general commercial, zoning designation. APN: 1010-521-27
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, UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO REVOKE FILE NO. PCUP02-007, A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT IN CONJUNCTION WITH THE SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES AND DISTILLED SPIRITS WITHIN A BONA FIDE RESTAURANT, PREVIOUSLY KNOWN AS EL AGUILA RESTAURANT & BAR, NOW OPERATED AS DOS CORONAS RESTAURANT & BAR, WITHIN THE C3 (GENERAL COMMERCIAL) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 1010-521-27
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ADMINISTRATIVE REPORTS/DISCUSSION/ACTION |
| 16. |
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 Wedbush Morgan Securities (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.
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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