The Official Website of Ontario, California
 
 
 

March 03, 2009


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

March 03, 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 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

Bowman, Wapner, Mautz, Dorst-Porada, Mayor/Chairman Leon

 

PLEDGE OF ALLEGIANCE

 

Council Member Wapner

 

INVOCATION

 

Pastor Mike Urciuoli, Calvary Chapel Ontario

 



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 February 3, 2009, and approving same as on file in the Records Management Department.

 



2.

BILLS/PAYROLL

Bills January 18, 2009 through January 31, 2009 and Payroll January 18, 2009 through January 31, 2009, when audited by the Finance Committee.

 



3.

AN ORDINANCE GRANTING A ONE-YEAR TIME EXTENSION TO ALL DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND VARIANCE APPROVALS WHICH ARE DUE TO EXPIRE ON OR BEFORE MARCH 1, 2010

Adoption of an Ordinance granting a one-year time extension to all Development Plan, Conditional Use Permit and Variance approvals which are due to expire on or before March 1, 2010.

 

ORDINANCE NO. ________

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, GRANTING A TIME EXTENSION TO ALL DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND VARIANCE APPROVALS WHICH ARE DUE TO EXPIRE ON OR BEFORE MARCH 1, 2010, AND MAKING FINDINGS IN SUPPORT THEREOF



4.

A RESOLUTION DESIGNATING AUTHORIZED AGENTS TO REPRESENT THE CITY OF ONTARIO IN OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED THROUGH THE URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM AND APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT REGARDING UASI GRANT FUNDING FOR FEDERAL FISCAL YEAR 2008

Approve a Resolution authorizing three designated personnel to represent the City of Ontario in obtaining federal financial assistance provided through the Federal Department of Homeland Security UASI Grant Program and authorize the City Manager to execute a Memorandum of Understanding (on file with the Records Management Department) with City of Riverside Office of Emergency Management regarding participation in the UASI grant funding program for Federal Fiscal Year 2008.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DESIGNATING AUTHORIZED AGENTS TO REPRESENT THE CITY OF ONTARIO IN OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED THROUGH THE URBAN AREA SECURITY INITIATIVE (UASI) GRANT PROGRAM



5.

RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION FOR CALIFORNIA PUBLIC UTILITIES COMMISSION – SECTION 190 FUNDS TO CONSTRUCT THE NORTH MILLIKEN AVENUE GRADE SEPARATION AT THE UNION PACIFIC RAILROAD (UPRR) TRACKS

Adopt a Resolution authorizing the filing of a grant application to obtain $5 million of California Public Utilities Commission (CPUC) – Section 190 funds for the construction of the North Milliken Avenue Grade Separation and authorize the City Manager to execute a Construction and Maintenance Agreement with UPRR.

 

RESOLUTION NO. ______

 

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING FILING OF A GRANT APPLICATION, VERIFYING THAT SUFFICIENT FUNDS ARE COMMITTED, AND THAT ALL OTHER MATTERS PREREQUISITE TO AWARDING THE CONTRACT FOR THE NORTH MILLIKEN AVENUE GRADE SEPARATION AT THE TRACKS OF THE UNION PACIFIC RAILROAD P.U.C. NO. B-525.40 WILL BE UNDERTAKEN



6.

AWARD THE PROCUREMENT OF TWO STEEL RISER POLES (FOR UTILITY UNDERGROUNDING) ON MILLIKEN AVENUE / SOUTHERN CALIFORNIA EDISON COMPANY

Award the procurement of two 75 foot tall steel riser poles to Southern California Edison Company (SCE) of Rialto, CA, in the amount of $121,000 plus a ten percent contingency of $12,000 for a total of $133,000 and authorize the City Manager to execute all related documents.

 



7.

APPLICATIONS FOR TRANSPORATION DEVELOPMENT ACT (TDA) ARTICLE 3 BICYCLE AND PEDESTRIAN PROGRAM GRANT FUNDS

Authorize the submittal of two applications for grant funds through the San Bernardino Associated Governments (SANBAG) Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Program for the installation of sidewalk on Magnolia Avenue between Phillips Street and Francis Street and on Fourth Street between San Antonio Avenue and Vine Avenue.

 



8.

AWARD A CONTRACT FOR THE PURCHASE OF CALSENSE COMPUTER IRRIGATION SYSTEM EQUIPMENT / EWING IRRIGATION

Award Bid No. 09.01-03 to Ewing Irrigation of Ontario, CA, for the purchase of new Calsense Computer Irrigation Systems equipment for various parks and medians throughout the City in the amount of $272,146 and authorize the City Manager to execute said contract (on file in Records Management).

 

 



9.

A RESOLUTION SUPPORTING THE CONSTRUCTION OF A NATIONAL FOOTBALL LEAGUE (NFL) STADIUM IN THE CITY OF INDUSTRY, CALIFORNIA

Adopt a Resolution supporting the construction of an NFL stadium in the City of Industry, California.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, SUPPORTING THE CONSTRUCTION OF A NATIONAL FOOTBALL LEAGUE STADIUM IN THE CITY OF INDUSTRY, CALIFORNIA



10.

A RESOLUTION SUPPORTING THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT

Adopt a Resolution supporting the Metro Gold Line Foothill Extension Project.

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, SUPPORTING THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT



PUBLIC HEARINGS



11.

RESOLUTIONS OF INTENT TO ALTER THE RATE AND METHOD OF APPORTIONMENT FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO AIRPORT TOWERS), AND INTRODUCTION OF AN ORDINANCE LEVYING SPECIAL TAXES WITHIN THE DISTRICT

       
  A
    Accept the written Waiver of Certain Election Procedures with Respect to Landowner Election for Community Facilities District No. 10 (Ontario Airport Towers) from Ontario Airport Center, LLC;
 
  B
    Adopt the attached Resolution determining to proceed with change proceedings regarding the Second Amended and Restated Method of Apportionment with respect to Community Facilities District No. 10 and calling an election therein;
 
  C
    Adopt a Resolution certifying the results of the March 3, 2009 Special Tax Election for Community Facilities District No. 10, and authorizing the levy of special taxes therein;
 
  D
    Introduce and waive further reading of the attached Ordinance authorizing the levy of a special tax within Community Facilities District No. 10 (Ontario Airport Towers).
 
       

 

 

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, DETERMINING TO PROCEED WITH CHANGE PROCEEDINGS REGARDING THE SECOND AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT WITH RESPECT TO COMMUNITY FACILITIES DISTRICT NO. 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS), AND CALLING AN ELECTION THEREIN

 

RESOLUTION NO. ______

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, CERTIFYING THE RESULTS OF THE MARCH 3, 2009 SPECIAL TAX ELECTION FOR COMMUNITY FACILITIES DISTRICT NO. 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS), AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN

 

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. 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS)



COUNCIL MATTERS
Mayor Leon
Mayor pro Tem Bowman
Councilmember Wapner
Councilmember Mautz
Councilmember Dorst-Porada

REPORT AND RECOMMENDATION FROM SUBCOMMITTEE AND ACTION ON APPOINTMENTS TO COMMISSIONS, COMMITTEES AND BOARDS


STAFF MATTERS
City Manager Devereaux

 


 

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION





12.

RESOLUTIONS AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 10 (ONTARIO AIRPORT TOWERS), AND APPROVING AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT RELATING TO THE DISTRICT

Adopt Resolutions authorizing the issuance of special tax bonds for Community Facilities District No. 10 (Ontario Airport Towers) and approving Amendment No. 1 to the Acquisition Agreement for the District. The resolution authorizing the issuance of special tax bonds rescinds previously adopted Resolution No. 2008-118, and:

 

  A
    Authorizes the issuance of special tax bonds for public improvements required to facilitate the development of the Ontario Airport Towers project;
 
  B
    Approves the forms of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and the Official Statement;
 
  C
    Authorizes a negotiated sale of the special tax bonds to the City of Ontario in accordance with the terms of the Bond Purchase Agreement, and as authorized in Resolution No. 2008-119;
 
  D
    Authorizes the execution of the Indenture of Trust, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and the 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 of a trustee for the District.
 

 

Amendment No. 1 to the Acquisition Agreement revises the termination date of the agreement and provides that the acquisition of the facilities may be financed by one or more series of bonds.

 

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) 2009 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, APPROVING AMENDMENT NO. 1 TO THE ACQUISITION AGREEMENT WITH RESPECT TO THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 10 OF THE CITY OF ONTARIO (ONTARIO AIRPORT TOWERS)



ADJOURNMENT

 
 
City of Ontario - Copyright 2007