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CITY OF ONTARIO
CITY COUNCIL, REDEVELOPMENT AGENCY,
AND HOUSING AUTHORITY
AGENDA
November 18, 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 Closed Session and Closed Session Comment at 6:00 p.m., 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) |
6:00p.m. | |
ROLL CALL
Anderson, Wapner, Mautz, Bowman, Mayor/Chairman Leon
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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: Steven Trujillo v. City of Ontario et al. U.S. D.C. Case No.: CV05-0622 SGL
In attendance: Anderson, Wapner, Mautz, Bowman, Mayor/Chairman Leon
PLEDGE OF ALLEGIANCE
Mayor pro Tem Anderson
INVOCATION
Pastor Edward Blonski, Redeemer Lutheran Church
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 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 City Council present a plaque and a proclamation to Corporal Scott Payne, commemorating the retirement of Police Service Dog “Brix” after serving nine dedicated, productive years with the City of Ontario.
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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 October 21, 2008, and approving same as on file in the Records Management Department.
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| 2. |
Bills October 12, 2008 through October 25, 2008 Payroll October 12, 2008 through October 25, 2008, when audited by the Finance Committee.
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| 3. |
Authorize the City Manager to execute grant documents to accept a 12-month grant award in the amount of $2,500 from the 3M Foundation Community Giving Grant to expand the School Safety Cadet Corps Program within the Ontario-Montclair School District’s middle schools.
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| 4. |
Award an Annual Maintenance Services Contract UT0809-05 in the amount of $232,500 for FY 2008-09 to Paveco Construction, Inc. located in Glendale, CA, for utility trench repairs at various locations; authorize the City Manager to execute the contract (on file in the Records Management Department); and authorize the addition of future service areas and the option to extend the contract for up to three additional years consistent with the City Council approved budgets.
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| 5. |
Authorize the City Manager to execute grant documents to accept a grant award in the amount of $2,270 from the Bureau of Justice Assistance FY 2008 Bulletproof Vest Partnership Program.
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| 6. |
Agency Board authorize the Executive Director to cancel Contract No. 0708-02 between the Agency and Macerich Construction and demand completion of the work under the contractor’s Performance Bond.
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| 7. |
Adopt resolutions approving and authorizing the City to enter into Historic Property Preservation Agreements (Mills Act Contracts) subject to the following conditions: 1) the contract shall comply with all provisions of Section 50280 of the California Government Code; 2) all improvements shall be consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties; 3) a Certificate of Appropriateness or Waiver shall be issued prior to any work that involves modifications to the exterior of the building, this includes, but is not limited to, the replacement of any windows and doors; and 4) all applicable permits shall be issued by the City of Ontario prior to commencing work for the following properties:
- 403 West G Street (APN:1048-341-03 ), (PHP08-027), Commercial Property
- 427 East F Street (APN: 1048-346-09), (PHP08-030), Single Family Residence
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP08-027, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH NORMA SUAREZ REGARDING THE PROPERTY LOCATED AT 403 WEST G STREET (APN 1048-341-03)
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP08-030, AND AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH LAURA HUDSON REGARDING THE PROPERTY LOCATED AT 427 EAST F STREET (APN 1048-346-09)
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| 8. |
Adopt a resolution to tax defer member paid contributions to the Public Employees Retirement System (PERS) pursuant to 414(h)(2) of the Internal Revenue Code.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO TAX DEFER MEMBER PAID CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
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| 9. |
A. Reject any and all non-responsive bids;
B. Reject any and all bid protests (other than S & L Specialty Contracting Inc’s.);
C. Award Contract No. P150-0708-02 (on file with the Records Management Department) to S & L Specialty Contracting, Inc. of Syracuse, NY, in the amount of $2,316,000, plus a 15% contingency of $347,400 for a total not to exceed amount of $2,663,400 to sound insulate 77 houses; and
D. Authorize the City Manager, or his designee, to execute the Contract and file a Notice of Completion at the conclusion of all construction activities related to this project, and execute all other related documents necessary to implement said Contract.
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| 10. |
A. Approve the NSP Substantial Amendment to the 2008-09 CDBG One-Year Action Plan (on file in the Records Management Department) which includes allocation and distribution of NSP funds;
B. Direct staff to prepare and transmit to the U.S. Department of Housing and Urban Development (HUD) the NSP Substantial Amendment, which will address all public comments received; and
C. Authorize the City Manager to execute any and all documents necessary and/or desirable to facilitate the activities listed in the NSP Substantial Amendment and redistribute funds between activities as necessary.
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| 11. |
Award Bid No. UT 08.09-06 to HD Supply Waterworks located in Perris, CA for water and sewer materials for a not-to-exceed amount of $200,000.
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| 12. |
Agency Board approve an Owner Participation Agreement between the Redevelopment Agency and Suveg Singh and Davinder Kaur for financial assistance to complete certain rehabilitation and façade improvements on property generally located at 2205 South Euclid Avenue.
RESOLUTION NO. ______
A RESOLUTION OF THE ONTARIO REDEVELOPMENT AGENCY OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE ONTARIO REDEVELOPMENT AGENCY AND SUVEG SINGH AND DAVINDER KAUR
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| 13. |
City Council/Agency Board authorize the City Manager/Executive Director to accept the work completed by multiple contractors in connection with the completion of the Community Events Center (Citizens Business Bank Arena), authorize the reduction of retention accounts and/or filing of Notices of Completion for specified construction contracts where appropriate, and authorize the payment of a performance incentive to Turner Construction Company Inc.
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| 14. |
Approve changes to the City’s Investment Policy.
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| 15. |
A resolution to amend the Appendix of the Conflict of Interest Code to update classification titles and filing requirements for City employees.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974
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| 16. |
A public hearing to adopt resolutions, approving File No’s. PDEV07-042 and PCUP07-037, a Development Plan to construct and a Conditional Use Permit to operate a 97,087 square foot, 161-room four story Springhill Suites Hotel by Marriott on 3.3 acres of land within the entertainment district of the Ontario Gateway Specific Plan, located at the southeast corner of the I-10 Freeway and Haven Avenue, and 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. PDEV07-042, A DEVELOPMENT PLAN TO CONSTRUCT A 97,087 SQUARE FOOT, 161-ROOM FOUR STORY SPRINGHILL SUITES HOTEL BY MARRIOTT ON 3.3 ACRES OF LAND WITHIN THE ENTERTAINMENT DISTRICT OF THE ONTARIO GATEWAY SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF THE I-10 FREEWAY AND HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0210-212-51 PORTION.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP07-037, A CONDITIONAL USE PERMIT TO OPERATE A 97,087 SQUARE FOOT, 161-ROOM FOUR STORY SPRINGHILL SUITES HOTEL BY MARRIOTT ON 3.3 ACRES OF LAND WITHIN THE ENTERTAINMENT DISTRICT OF THE ONTARIO GATEWAY SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF THE I-10 FREEWAY AND HAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0210-212-51 PORTION.
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Mayor Leon
Mayor pro Tem Anderson
Council Member Wapner
Council Member Mautz
Council Member Bowman
City Manager Devereaux
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ADMINISTRATIVE REPORTS/DISCUSSION/ACTION |
| 17. |
Adopt resolutions authorizing the issuance of special tax bonds for Community Facilities District No. 10 (Ontario Airport Towers) and authorizing the purchase of said special tax bonds by the City of Ontario.
Resolution authorizing the issuance of bonds:
A. Rescinds previously adopted Resolution No. 2008-108;
B. Authorizes the issuance of special tax bonds for public improvements required to facilitate the development of the Ontario Airport Towers project;
C. Approves the forms of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the draft form of Official Statement;
D. Authorizes a negotiated sale of the special tax bonds to the City of Ontario in accordance with the terms of the Bond Purchase Agreement;
E. Authorizes the execution of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the draft form of Official Statement by the City Manager, or his designee;
F. Authorizes the execution of the special tax bonds by the Mayor; and
G. Authorizes the appointment of a trustee for the District.
Resolution authorizing the purchase of bonds:
A. Authorizes the City of Ontario to purchase Community Facilities District No. 10 (Ontario Airport Towers) 2008 Special Tax Bonds in a principal amount not to exceed $11,500,000, and approving certain documents and taking certain other actions in connection therewith.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF COMMUNITY FACILITIES DISTRICT NO. 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS) 2008 SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE PURCHASE OF COMMUNITY FACILITIES DISTRICT NO 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS) 2008 SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
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