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January 06, 2009


CITY OF ONTARIO
CITY COUNCIL, REDEVELOPMENT AGENCY,
AND HOUSING AUTHORITY
AGENDA

January 6, 2009

Paul S. Leon
Mayor

Jim W. Bowman
Mayor pro Tem

Alan D. Wapner
Council Member

Sheila Mautz
Council Member

Debra Dorst-Porada
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.

  • 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.

 

 

ORDER OF BUSINESS: The regular City Council, Redevelopment Agency, and Housing Authority meeting begins with Closed Session and Closed Session Comment at 5:30 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)
5:30p.m. 

 

ROLL CALL

Bowman, Wapner, Mautz, Dorst-Porada, 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


  • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
    Property: 307 W. Francis Street – APN: 1050-371-24; City/Agency/Authority Negotiator: Gregory C. Devereaux or his designee; Negotiating parties: Michael A. Bates and Omar A. Brown; Under negotiation: Price and terms of payment.


  • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
    Property: APN 210-192-11; City/Agency/Authority Negotiator: Gregory C. Devereaux or his designee; Negotiating parties: Dene Oliver, Paul Buss; Under negotiation: Price and terms of payment.


  • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
    Property: APN NOS. 1048-553-01, 1048-553-15, 1048-553-14, 1048-553-13, 1048-553-12, 1048-553-11, 1048-553-10, 1048-553-09, 1048-553-08, 1048-553-07, 1048-553-06, 1048-553-05, 1048-551-02, 1048-551-01, 1048-551-09, 1048-551-08, 1048-551-07, 1048-551-06, 1048-551-05, 1048-551-04, 1048-551-03; City/Agency/Authority Negotiator: Gregory C. Devereaux or his designee; Negotiating parties: Snyder Ontario Town Center, LLC, Jerry Snyder and Michael Wise ; Under negotiation: Price and terms of payment.

In attendance: Bowman, Wapner, Mautz, Dorst-Porada, Mayor/Chairman Leon

 

PLEDGE OF ALLEGIANCE

 

Mayor pro Tem Bowman

 

INVOCATION

 

Reverend Nelson Grande, Westminster Presbyterian 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.



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 December 2, 2008, and approving same as on file in the Records Management Department.

 



2.

BILLS/PAYROLL

Bills November 23, 2008 through December 6, 2008 Payroll November 23, 2008 through December 6, 2008, when audited by the Finance Committee.



3.

ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA08-001, REVISING ONTARIO MUNICIPAL CODE TITLE 9 (DEVELOPMENT CODE), CHAPTER 1 (ZONING AND LAND USE REQUIREMENTS), ARTICLES 4 (GENERAL ADMINISTRATION), 7 (NONCONFORMING USES, STRUCTURES, SITES AND SIGNS), 13 (LAND USE AND REQUIREMENTS), 14 (RESIDENTIAL DISTRICTS) AND 22 (PLANNED RESIDENTIAL DEVELOPMENTS (PRD))

Adoption of an Ordinance approving File No. PDCA08-001. .

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA08-001, A DEVELOPMENT CODE AMENDMENT REVISING ONTARIO MUNICIPAL CODE TITLE 9 (DEVELOPMENT CODE), CHAPTER 1 (ZONING AND LAND USE REQUIREMENTS), ARTICLES 4 (GENERAL ADMINISTRATION), 7 (NONCONFORMING USES, STRUCTURES, SITES AND SIGNS), 13 (LAND USE AND REQUIREMENTS), 14 (RESIDENTIAL DISTRICTS) AND 22 (PLANNED RESIDENTIAL DEVELOPMENTS (PRD)), AND MAKING FINDINGS IN SUPPORT THEREOF



4.

APPROVE AN AGREEMENT FOR HAZARDOUS MATERIALS COLLECTION AND DISPOSAL SERVICES / FILTER RECYCLING, INC.

Award Contract No. GS 08-11.01 to Filter Recycling, Inc. of Rialto, CA, and authorize the City Manager to execute a one-year agreement (on file in the Records Management Department) for hazardous materials collection and disposal services with the option to extend for up to two additional one-year periods.



5.

EXAMINATION OF SALES AND USE TAX RECORDS OF THE CALIFORNIA STATE BOARD OF EQUALIZATION

Adopt a Resolution granting Robert E. Cendejas, the City’s sales and use tax consultant, access to examine the City of Ontario’s sales and use tax records with the California State Board of Equalization.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS



6.

ONTARIO REDEVELOPMENT AGENCY ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2008

Agency Board accept the Ontario Redevelopment Agency’s Annual Report for Fiscal Year ended June 30, 2008.



7.

CONSTRUCTION CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION AND BATTERY BACK-UP SYSTEMS INSTALLATION, VARIOUS LOCATIONS / REPUBLIC ITS, INC.

Approve the plans and specifications, and award Contract No. TR0801 (on file in the Records Management Department) to Republic ITS, Inc. of Novato, CA, for the installation of Emergency Vehicle Pre-Emption and Battery Back-Up Systems at 14 intersections for the bid amount of $167,800 plus a 15% contingency of $25,170 for a total amount of $192,970 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.

A RESOLUTION TO APPROVE THE MISSION BOULEVARD WIDENING PROJECT FROM WEST OF ARCHIBALD AVENUE TO HAVEN AVENUE

Adopt a resolution to approve the Mission Boulevard Widening Project from west of Archibald Avenue to Haven Avenue and authorize staff to file the Notice of Determination with the County of San Bernardino.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING THE MISSION BOULEVARD WIDENING PROJECT, BETWEEN ARCHIBALD AVENUE AND HAVEN AVENUE, AN APPROXIMATELY 1.1 MILE SEGMENT OF MISSION BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF



9.

RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND PARCEL MAP NO. 17855 BOUNDED BY CALIFORNIA STREET, CAMPUS AVENUE, TAYLOR AVENUE AND NORTH OF SUNKIST STREET

Adopt a Resolution approving an improvement agreement, improvement security, and Parcel Map No. 17855 bounded by California Street, Campus Avenue, Taylor Avenue and north of Sunkist Street.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND PARCEL MAP NO. 17855 BOUNDED BY CALIFORNIA STREET, CAMPUS AVENUE, TAYLOR AVENUE AND NORTH OF SUNKIST STREET



10.

RESOLUTION AMENDING PRIORITIZATION OF UTILITY UNDERGROUNDING PROJECTS

Adopt a Resolution amending prioritization of future utility undergrounding projects as follows:

 

A. Mountain Avenue from Brooks Street to “G” Street

B. Milliken Avenue from 600’ north of Guasti Road to Airport Drive

C. Holt Boulevard from San Antonio Avenue to Benson Avenue

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING RESOLUTION NO. 99-006 PRIORITIZING UTILITY UNDERGROUNDING PROJECTS



PUBLIC HEARINGS



11.

AN ORDINANCE RELATED TO SALARY COMPENSATION FOR THE CITY COUNCIL AND ADOPTION OF A RESOLUTION PERTAINING TO SALARY COMPENSATION RATES FOR THE CITY CLERK AND CITY TREASURER

A. A public hearing to introduce, and waive further reading of, an Ordinance deferring the monthly salary compensation rate adjustments for the City Council approved on January 15, 2008; and

 

B. Adopt a Resolution repealing the monthly salary compensation rate adjustments for the City Clerk and the City Treasurer positions approved on December 18, 2007.

 

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 SECTION 2?1.203 OF THE ONTARIO MUNICIPAL CODE RELATED TO SALARY COMPENSATION OF THE CITY COUNCIL

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, SETTING THE COMPENSATION OF THE CITY CLERK AND CITY TREASURER AND RESCINDING PREVIOUS RESOLUTION NO. 2007-151



12.

AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 2 CONCERNING COMMISSIONS AND BOARDS

A public hearing to introduce an ordinance amending Chapter 2 of Title 2 of the Ontario Municipal Code concerning commissions and boards.

 

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 2 OF TITLE 2 OF THE ONTARIO MUNICIPAL CODE, WITH CERTAIN AMENDMENTS THERETO RELATING TO BOARDS AND COMMISSIONS



COUNCIL MATTERS

 

ACTION ON APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS


Mayor Leon
Mayor pro Tem Bowman
Council Member Wapner
Council Member Mautz
Council Member Dorst-Porada


STAFF MATTERS

City Manager Devereaux

ADJOURNMENT





 
 
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