Agenda packet — Ontario City Council, February 15, 2022 (part 1 of 2)

CITY OF ONTARIO
Regular Council Meeting
FEBRUARY 15, 2022
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

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 in person 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. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

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 the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

WEARING A MASK DURING THE PUBLIC MEETING IS STRONGLY
ENCO
URAGED.

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1 City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The Regular City Council and Housing Authority meeting begins at 6:30 p.m. with Public Comment, 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.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon

PLEDGE OF ALLEGIANCE
Council Member Valencia

INVOCATION
Dr. Sylvia Lee Mann, Bethel Congregational Church
PUBLIC COMMENTS 6:30 p.m.

The Public Comment portion of the Council/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.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]
. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. 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.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

1. APPROVAL OF MINUTES

ATTACHMENT:

20220118 (Not official until approved).docx

2. BILLS & PAYROLL

3. DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 21-22

ATTACHMENT:

20220215 Downtown Ontario CBD FY22-23^01 RESO^RM

ATTACHMENT:

20220215 DOIA ANNUAL REPORT 2021-2022^02 EXH A

4. CHANGE IN FUND OWNERSHIP OF CERTAIN CITY ASSETS

5. A CONSTRUCTION CONTRACT FOR THE 2021 SPRING ALLEY CDBG PAVEMENT

REHABILITATION PROJECT

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.

Minutes for the regular meetings of the City Council and Housing Authority of January 18, 2022, approving same as on file in the Records Management Department.

Bills January 14, 2022 through January 27, 2022, and Payroll January 2, 2022 through January 15, 2022 when audited by the Finance Committee.

That the City Council adopt a Resolution approving the Downtown Ontario Improvement Association (“DOIA”) Annual Report for FY 21-22.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING THE ANNUAL REPORT SUBMITTED BY THE DOWNTOWN ONTARIO

IMPROVEMENT ASSOCIATION FOR THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY 2021-22.

That the City Council authorize the change in designated fund ownership of City asset between the City Fund and Water Fund for the real property located at 404-426 North Euclid Avenue.

ATTACHMENT:

20220215 CDBG Spring Alley CDBG Pavement Rehab Project^01 EXH A

ATTACHMENT:

20220215 CDBG Spring Alley CDBG Pavement Rehab Project^02 EXH B

6. STORMWATER PERMIT COMMON INTEREST, JOINT DEFENSE, AND CONFIDENTIALITY

AGREEMENT

7. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20027 LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE

DRIVE AND HAMNER AVENUE

ATTACHMENT:

20220215 Parcel Map No. 20027^01 EXH A

ATTACHMENT:

20220215 Parcel Map No. 20027^02^RESO^RM

8. FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. FOR THE DEVELOPMENT OF A 50-UNIT HOUSING DEVELOPMENT LOCATED ON APPROXIMATELY 2.15 ACRES OF LAND BORDERED BY TRANSIT STREET ON THE NORTH,

FERN AVENUE ON THE WEST, EMPORIA STREET ON THE SOUTH, AND PALM AVENUE ON THE EAST; AND FIRST AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF

ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $10,000,000.

CDBG Pavement Rehabilitation Project in the bid amount of $545,000 plus a ten percent (10%) contingency of $54,500 for a total authorized expenditure of $599,500; and Authorize the City Manager to execute said contract and all related documents and ﬁle a notice of completion at the conclusion of all construction activities.

That the City Council approve and authorize the City Manager to execute the Municipal Separate Storm Sewer System (MS4) Stormwater Discharge Permit Common Interest, Joint Defense, and Conﬁdentiality Agreement (on ﬁle in the Records Management Department) between the County of San Bernardino, City of Ontario, and the co-permittee agencies.

That the City Council adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20027 located at the southwest corner of Riverside Drive and Hamner Avenue within the Edenglen Specific Plan area.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20027 LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE.

That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):

A
.

Adopt the Resolutions approving the First Amendment to the Disposition and Development Agreement ("First Amendment to DDA") between the Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on ﬁle with the Records Management Department); and
B
.

Approve the First Amendment to City Grant Agreement ("First Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

20220215 Emporia Place^01 EXH A

ATTACHMENT:

20220215 OHA-Resolution for First Amendment to Emporia Phase II Disposition and Development Agreement^04^RESO^RM

ATTACHMENT:

20220215 OHA- City Reso First Amendment City Grant Agreement to OHA for Emporia Phase II^05 RESO^RM

ATTACHMENT:

20220215 OHA- Authority Reso for First Amendment City Grant Agreement to OHA for Emporia Place II^06 RESO^RM

9. LEGISLATIVE PLATFORM

ATTACHMENT:

2022 Legislative Platform - Final .docx

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND

PAYMENT PROGRAMS FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE amount not to exceed $10,000,000 (on ﬁle with the Records Management Department); and
C
.

Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING A FIRST AMENDMENT TO DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

APPROVING THAT CERTAIN FIRST AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE GRANT OF

STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING THAT CERTAIN FIRST AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE

GRANT OF STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.

That the City Council approve the 2022 Legislative Platform.

That the City Council adopt a Resolution authorizing the City Manager, or designee, to execute the Department of Resources Recycling and Recovery (CalRecycle) grants and payment programs related documents, in a form approved by the City Attorney.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALIFORNIA

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

20220215 CalRecycle Grants Management^01 RESO^RM

11. CONSTRUCTION MANAGEMENT AND ENVIRONMENTAL ADDENDUM TO THE EIR FOR THE GREAT PARK PHASE 1 AND AMENDMENT FOR CLEAN CALIFORNIA LOCAL GRANT

APPLICATION

12. APPROVAL OF ONE-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING(S)

ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR SPECIFIED PUBLIC SAFETY

GROUPS, APPROVAL OF A TWO-YEAR MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR TEAMSTERS LOCAL 1932,

AMENDMENTS TO THE COMPENSATION AND BENEFITS PROFILE FOR PART-TIME

EMPLOYEES AND EXECUTIVE MANAGEMENT IN ADDITION TO A RESOLUTION TO APPROVE

SALARY RANGES AND ARPA PREMIUM FOR THE APPOINTIVE POSITIONS OF CITY

MANAGER, FIRE CHIEF, AND POLICE CHIEF, AND AUTHORIZE THE CITY MANAGER TO MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENT.

ATTACHMENT:

POA Side Letter Amend and Extend MOU FINAL 02092022.pdf

ATTACHMENT:

PMG Side Letter Amend and Extend MOU FINAL.pdf

ATTACHMENT:

Teamsters MOU 2021-2023 Appendix A - B - CC Final 2-15-2022.pdf

ATTACHMENT:

Part-Time Profile Final CC 2-1-2022.pdf

ATTACHMENT:

Compensation and Benefits Profile for City of Ontario Executive Management - CC 7-01-2021 Final.pdf

ATTACHMENT:

Salary Ranges for CM Fire and Police Chief^RESO^RM

That the City Council take the following actions:

A
.

Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc for construction management support and the Environmental addendum to the EIR for the construction of The Great Park Phase 1 in an amount not to exceed $1,478,365; and
B
.

Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Transtech Engineers, Inc for the Clean California Local Grant application in an amount not to exceed $8,000.

That the City Council approve a
one-year extension to the Memorandum of Understanding(s) regarding wages, hours, and other terms and conditions of employment between the City of Ontario and the Ontario Police Oﬃcers Association and the Ontario Police Management Group from July 1, 2022 through June 30, 2023; approve, contingent upon ratiﬁcation, a two-year Memorandum of Understanding regarding wages, hours, and other terms and conditions of employment between the City of Ontario and Teamsters Local 1932 from July 1, 2021 through June 30, 2023 pursuant to actions this group will be taking on February 11, 2022; approve
amendments to the Compensation and Beneﬁts Proﬁle for Part-time Employees and the Compensation and Beneﬁts Proﬁle for Executive Management eﬀective July 1, 2021, including a Resolution to approve salary ranges and ARPA Premium for the appointive positions of City Manager, Fire Chief, and Police Chief.

CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

13. A CONSTRUCTION CONTRACT, A PROFESSIONAL SERVICES AGREEMENT, AND TWO

AMENDMENTS FOR THE WATER MAIN REPLACEMENT PROJECT

ATTACHMENT:

20220215 UT1043^01 Exhibit A.pdf
That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1043 (on ﬁle in the Records Management Department) to Gentry Brothers, Inc. of Irwindale, California, for the construction of the Water Main Replacement Project, in the amount of $6,733,324 plus a 15% contingency of $1,009,999, for a total amount of $7,743,323; and authorize the City Manager or designee to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

B
.

Approve and authorize the City Manager or designee to execute a Professional Services Agreement (on ﬁle in the Records Management Department) with SA Associates, of Arcadia, California in the amount of $132,000 plus a 15% contingency of $19,800, for a total amount of $151,800 for construction engineering services.

C
.

Approve and authorize the City Manager or designee to execute two amendments (on ﬁle in the Records Management Department) with Kleinfelder, Inc., of Ontario, California, in the amount of $103,765 plus a 15% contingency of $15,565, for a total amount of $119,330 for geotechnical and material testing services; and Wallace and Associates Consulting, Inc., of Murrieta, California, in the amount of $182,068 plus a 15% contingency of $27,310, for a total amount of $209,378 for construction management services.

STAFF MATTERS

CITY MANAGER OCHOA

COUNCIL MATTERS

MAYOR LEON

MAYOR PRO TEM WAPNER

COUNCIL MEMBER BOWMAN

COUNCIL MEMBER DORST-PORADA

COUNCIL MEMBER VALENCIA

ADJOURNMENT
CITY OF ONTARIO Regular Council Meeting
CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
JANUARY 18, 2022
(Not official until approved)

JOINT MEETINGS
Pursuant to AB 361, the regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, January 18, 2022 on OntarioTV at www.ontarioca.gov/Agendas/CityCouncil.

CALL TO ORDER
Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 5:02 p.m.

ROLL CALL
PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair Alan D. Wapner,
Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia.

ABSENT: Council/Authority Members: None.

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz all participating virtually.

ADMINISTRATIVE REPORT/DISCUSSION/ACTION

1. A RESOLUTION AUTHORIZING REMOTE TELECONFERENCE/VIRTUAL MEETINGS PURSUANT TO ASSEMBLY BILL 361
That if the City Council desires to meet virtually without posting the agenda at each location from where each Councilmember attends, that the City Council make findings authorizing remote teleconference/virtual meetings of the City Council pursuant to Assembly Bill 361 (“AB 361”) based on the ongoing COVID-19 pandemic.

RESOLUTION NO. 2022-001 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING REMOTE TELECONFERENCE MEETINGS PURSUANT TO THE RALPH M. BROWN ACT AND ASSEMBLY BILL 361.
8 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 2 of 11 ends

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous roll call vote 5-0, to adopt Resolution No. 2022-001.

CLOSED SESSION PUBLIC COMMENT
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session item. Hearing no one, City Attorney Duran announced the matters for discussion, as listed on the agenda, and the City Council recessed to Closed Session at 6:04 p.m. for discussion of the following:

CLOSED SESSION
 GC 54957.6, LABOR NEGOTIATIONS: City Negotiator: City Manager or his designees; Bargaining Units: AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, Part-time Employees, Department Heads, Executives, Ontario Professional Firefighters Association Local 1430; Ontario Fire Management Group, Ontario Police Officers Association, and the Ontario Police Management Group.

CALL TO ORDER – OPEN SESSION
Mayor Leon called the City Council and Ontario Housing Authority meetings to order at 6:34 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION
In lieu of the invocation, Mayor Leon led a moment of silence.

REPORT ON CLOSED SESSION
There was no other reportable action.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced the following emailed comments.

Darian Dadras, regarding noise prevention.

John Blaine, requested a stop sign on Oaks Avenue and D Street.

Steve Hult, regarding the American Disabilities Act.

Zain Mehdi, regarding truck traffic.
9 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 3 of 11 ends

Jessica Lopez, requested additional resources for the Ontario Police Department to help with the Jesus Sanchez investigation
Shari Wasson , regarding burrowing owl population on Ontario International Airport property.

Lois P. Sicking , regarding burrowing owl population on Ontario International Airport property.

Luisa Sanchez, requesting an American Football program in the City of Ontario.

Maria Ramualdo, seeking justice for her son Jesus Alfredo Sanchez.

Mayor Leon called for the first caller on the line:

Shari Wasson, spoke regarding burrowing owl population on Ontario International Airport property.

Lois P. Sicking,spoke regarding burrowing owl population on Ontario International Airport property.

Al Boling, spoke regarding LifeStream Blood Bank.

Damariz Lopez, spoke about the Jesus Alfredo Sanchez case.

Natasha, spoke regarding burrowing owl population on Ontario International Airport property.

Adhara, spoke about the Jesus Alfredo Sanchez case.

Darian Dadras , spoke about noise levels in his area and the code compliance of his windows.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced updates to Item No. 5 of the agenda and noted the updated material will be added to the record.

SPECIAL CEREMONIES

A PROCLAMATION RECOGNIZING JANUARY AS NATIONAL BLOOD DONOR MONTH
The City Council proclaimed the month of January 2022 as National Blood Donor Month and supported the e orts of blood centers and community organizations eorts to encourage blood donations.

Mayor Leon introduced the item and spoke on the importance of donating blood. 10 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 4 of 11 ends

CONSENT CALENDAR
MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous roll call vote 5-0, to approve the Consent Calendar as presented.

Emailed Public Comment:

Loree Masonis, in opposition of Consent Calendar Item No. 11.

2. APPROVAL OF MINUTES
The City Council approved minutes for the regular meetings of the City Council and Housing Authority of December 7, 2021 and December 21, 2021, approving the same as on file in the Records Management Department.

3. BILLS & PAYROLL
Approved Bills from December 3, 2021 through December 23, 2021 in the amount of $39,569,956.26 and Payroll November 20, 2021 through December 18, 2021 in the amount of $8,416,745.83, when audited by the Finance Committee.

4. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA

ASSOCIATION OF GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY

MEETING
The City Council appointed Council Member Debra Dorst-Porada as the City Delegate Representative and Mayor Paul Leon as the alternate.

5. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS
The City Council adopted a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations, and placing assessments on the San Bernardino County Tax Rolls.

RESOLUTION NO. 2022-002 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, ADOPTING A REPORT REQUESTING THE

PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR

CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.
11 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 5 of 11 ends

6. APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ONTARIO AND CASEWORTHY, INC.

The City Council approved Amendment No. 2 to the Professional Services Agreement (“Agreement”) between CaseWorthy, Inc. of Salt Lake City, Utah, and the City of Ontario for additional work to develop a database system for the Continuum of Care Disaster Response, adding the amount of $35,640, for a total contract amount of $211,033.

7. AB 1600 DEVELOPMENT IMPACT FEE (DIF) ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 (UNAUDITED)
The City Council accepted the City of Ontario’s AB 1600 Development Impact Fee (DIF) Annual Report for Fiscal Year ended June 30, 2021 (unaudited).

8. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO.

PDA21-004) BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO
HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO. PMTT21-011), AN 11.05-ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE NEIGHBORHOOD 7 LAND

USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-111-34
The City Council considered and adopted an ordinance approving the Development Agreement (File No. PDA21-004) between the City of Ontario and LHC Ontario Holdings, LLC., to establish the terms and conditions for development of Tentative Tract Map 18916 (File No. PMTT21-011), an 11.05-acre property located near the southwest corner of Archibald and Chino Avenues, within the Neighborhood 7 land use district of the Countryside Specific Plan.

ORDINANCE NO. 3198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-004, A

DEVELOPMENT AGREEMENT, BETWEEN THE CITY OF ONTARIO AND LHC ONTARIO HOLDINGS, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE TRACT MAP 18916 (FILE NO.

PMTT21-011), AN 11.05 ACRE PROPERTY LOCATED NEAR THE SOUTHWEST

CORNER OF ARCHIBALD AND CHINO AVENUES, WITHIN THE
NEIGHBORHOOD 7 LAND USE DISTRICT OF THE COUNTRYSIDE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0218-111-34.

9. PROFESSIONAL SERVICES AGREEMENT WITH KOFF & ASSOCIATES FOR A

CLASSIFICATION AND COMPENSATION STUDY FOR THE ONTARIO
12 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 6 of 11 ends

MUNICIPAL UTILITIES COMPANY AND THE INTEGRATED WASTE

DEPARTMENT
The City Council approved and authorized the City Manager to award the Professional Services Agreement to Ko & Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for the Classification and Compensation Study for the Ontario Municipal Utility Company (OMUC) and the Integrated Waste Department in the amount of $123,420, plus 15% ($18,513) contingency for a total authorized expenditure not to exceed $141,933.

10. AN ORDINANCE LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA) The City Council considered and adopted an ordinance authorizing the levy of special taxes within City of Ontario Community Facilities District No. 56 (Parkside/La Avenida).

ORDINANCE NO. 3199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 56 (PARKSIDE/LA AVENIDA).

11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME I TO THE

ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

The City Council consider and adopt an ordinance to amend Chapter 31 to Title 5 of Volume 1 to the Ontario Municipal Code relating to sidewalk vending. Introduction and first reading took place at a regular meeting of the City Council on December 21, 2021.

ORDINANCE NO. 3201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 31 TO TITLE 5 OF VOLUME

I TO THE ONTARIO MUNICIPAL CODE, RELATING TO SIDEWALK VENDING AND FINDING THE ACTION EXEMPT FROM CEQA.

12. A CONTRACTUAL SERVICES AGREEMENT, STATEMENT OF WORK, AND

LICENSE AGREEMENT FOR UPGRADING THE CITYVIEW CODE

ENFORCEMENT SYSTEM
The City Council approved and authorized the City Manager (or his designee) to negotiate and execute a Contractual Services Agreement, Statement of Work, and License Agreement (on file in the Records Management Department) in the amount of $129,092.00 with N. Harris Computer Corporation, to upgrade the City View Code Enforcement system and maintain the software for a three-year term. 13 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 7 of 11 ends

13. THE PURCHASE AND RENEWAL OF THE EXISTING WORK ORDER AND

ASSET MANAGEMENT SYSTEM FOR PUBLIC WORKS AND ONTARIO

MUNICIPAL UTILITIES COMPANY
The City Council authorized the City Manager to execute a three (3) year agreement with Azteca Systems, LLC, of Sandy, Utah, to renew and extend the use of the Cityworks work order and asset management system used by Public Works and Ontario Municipal Utilities Company (OMUC) in the amount of $317,341, including an amount of $104,040 for the first year and $106,120 and $107,181 for the optional second and third years.

14. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO

MUNICIPAL, RELATING TO TOW SERVICES AND REGULATIONS
The City Council adopted an ordinance amending Chapter 19 of Title 4 of Volume I to the Ontario Municipal Code, relating to tow services and regulations.

ORDINANCE NO. 3202 AN ORDINANCE OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4-19.06 OF THE CITY OF ONTARIO

MUNICIPAL CODE RELATED TO TOWING REGULATIONS AND THE
ROTATIONAL TOW PROGRAM.

PUBLIC HEARINGS

15. A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A ZONE CHANGE (FILE NO. PZC21-001) AMENDING THE ZONING DESIGNATION ON 2.77

ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE;
APN:1050-441-05.

The City Council:

A. Adopted a Resolution approving the use of an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140); and B. Introduced and waived further reading of an ordinance approving a Zone Change (File No. PZC21-001) amending the zoning designation on 2.77 acres of land located at 1948 South Bon View Avenue, from IL (Light Industrial) to IG (General Industrial).

RESOLUTION NO. 2022-003 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE ONTARIO PLAN ENVIRONMENTAL IMPACT REPORT (SCH # 2008101140),

PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL 14 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 8 of 11 ends

QUALITY ACT, AS AMENDED, FOR FILE NOS. PZC21-001, PDEV21-030, AND PHP21-015.

ORDINANCE NO. 3203 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PZC21-001, A ZONE CHANGE ON 2.77 ACRES OF LAND FROM IL (LIGHT INDUSTRIAL) TO IG (GENERAL INDUSTRIAL), LOCATED AT 1948 SOUTH BON VIEW AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1050- 441-05.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Raymond Smith.

Mayor Leon opened the public hearing asking those persons interested in this item to speak. Hearing no one on the phone, Mayor Leon closed the public hearing.

MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst-Porada and carried by unanimous roll call vote 5-0 to introduce Ordinance No. 3203.

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION

16. AUTHORIZE THE PURCHASE OF FIBER OPTIC MATERIALS AND EQUIPMENT

AS PART OF THE EXPANSION OF THE CITY'S BROADBAND/FIBER OPTIC

NETWORK
The City Council awarded Bid Number 1480 for the purchase and delivery of fiber optics cable, material, and equipment in the amount of $1,201,741 plus applicable taxes and shipping to Procom Supply, LLC of Denver, Colorado.

Mayor Leon opened the item for discussion.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried by unanimous roll call vote 5-0 to award Bid No. 1480 to Procom Supply, LLC.

17. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT FOR

WATER MAIN REPLACEMENT PROJECT
The City Council approved and authorized the City Manager to execute Amendment No. 7 to the on-call Design Services Agreement with Kleinfelder, Inc. of Ontario, California in the amount of $835,929, plus a 15% contingency of $125,389 for a total amount of $961,318 and extend the term of the Agreement by one (1) year, the first extension of the original Agreement.
15 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 9 of 11 ends

Mayor Leon opened the item for discussion.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimous roll call vote 5-0 to authorize the City Manager to execute Amendment No. 7 with Kleinfelder, Inc.

18. A CONSTRUCTION CONTRACT AND A PROFESSIONAL SERVICES AGREEMENT FOR WELL NOS. 37 & 39 ION EXCHANGE TREATMENT

FACILITY PROJECT
The City Council took the following actions:

A. Approved the plans and specifications and award Contract No. UT 1029 to Pacific Hydrotech Corporation of Perris, California, for the construction of Well Nos. 37 & 39 Ion Exchange Treatment Facility Project, in the amount of $10,080,500 plus a 15% contingency of $1,512,075, for a total amount of $11,592,575; and authorized the City Manager to execute said contract and file a notice of completion at the conclusion of all construction activities related to the project.

B. Approved and authorized the City Manager to execute a Professional Services Agreement with GHD, Inc. of Irvine, California, for construction management services in the amount of $915,279 plus a 15% contingency of $137,292 for a total amount of $1,052,571.

Mayor Leon opened the item for discussion.

MOTION: Moved by Council Member Dorst-Porada, seconded by Council Member Bowman and carried unanimous vote 5-0 to approve a Construction Contract and Professional Services Agreement for Well Nos. 37 and 39 Ion Exchange Treatment Facility Project.

19. A RESOLUTION AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000.00 AND RELATED MATTERS The City Council considered and adopted a Resolution authorizing the issuance of City of Ontario Community Facilities District No. 41 (Canvas Park Facilities) Special Tax Bonds, Series 2022.

A. Authorized the issuance of special tax bonds for public improvements required to facilitate the development of the Canvas Park Facilities project and the Ontario Ranch development;
B. Approved the forms of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and the Preliminary Official Statement; 16 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 10 of 11 ends

C. Authorized a negotiated sale of the special tax bonds to Stifel, Nicolaus & Company, Incorporated (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement; and
D. Authorized the execution of the Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, the First Amendment to Acquisition and Funding Agreement, a deemed final certification in connection with the Preliminary O cial Statement, a final O cial Statement and other documents in connection with the issuance of the bonds by the City Manager or the other specified authorized officers.

RESOLUTION NO. 2022-004 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 41 (CANVAS PARK FACILITIES) SPECIAL TAX BONDS, SERIES 2022, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000.00, AUTHORIZING THE

EXECUTION AND DELIVERY OF AN INDENTURE, A BOND PURCHASE

AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND A FIRST

AMENDMENT TO ACQUISITION AND FUNDING AGREEMENT, AUTHORIZING

THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION

THEREWITH AND AUTHORIZING THE EXECUTION OF NECESSARY
DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS.

Mayor Leon opened the item for discussion.

MOTION: Moved by Council Member Bowman, seconded by Council Member Wapner and carried unanimous roll call vote 5-0 to adopt Resolution No. 2022-004.

STAFF MATTERS
City Manager Ochoa made no comments.

COUNCIL MATTERS
Mayor pro Tem Wapner, made no comments.

Council Member Bowman made no comments.

Council Member Valencia spoke on the success of the Ontario Farmer’s Market and announced extended hours.

Council Member Dorst-Porada spoke about upcoming exhibits at the Ontario Museum of History and Art.

Mayor Leon spoke about upcoming exhibits at the Ontario Museum of History and Art and encouraged residents to attend.
17 Ontario City Council/Ontario Housing
Regular Meeting Minutes – January 18, 2022

Page 11 of 11 ends

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:19 p.m. and announced the next regular meeting to be held on Tuesday, February 1, 2022.

Respectfully submitted,
_______________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
________________________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
18 Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION ANNUAL REPORT FOR FISCAL YEAR 21-22

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution approving the Downtown Ontario Improvement Association (“DOIA”) Annual Report for FY 21-22.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The Fiscal Year Adopted Budget includes appropriations in the General Fund and Ontario Housing Authority of $143,599 for the Downtown Ontario Improvement Association (DOIA) parcel assessments.

BACKGROUND & ANALYSIS:

On August 20, 2019, the City Council approved the formation of the Downtown Ontario Community Beneﬁt District ("CBD") for an initial ﬁve-year term. The objective of the CBD is to provide enhanced services and improvements beneﬁting downtown property owners by increasing economic activity and enhancing the value of commercial, retail, and residential property. As a key component of the overall downtown revitalization strategy, the implementation of the CBD has increased commerce, attracted new businesses, and is supporting the transformation of the Downtown into an 18- hour vibrant hub of retail and residential activity.

California Streets and Highway Code, Section 36650, the law governing CBD requirements and processes, requires that the DOIA prepare an Annual Report ("Annual Report") for each ﬁscal year for which assessments are to be levied and collected for the purposes of paying for the cost of the improvements and activities described in the Annual Report. The Annual Report must be consistent with the components outlined in the District Management Plan.

Per the District Management Plan, each year the DOIA will establish a budget that focuses on three main components:
19 1
.

Civil Sidewalk Improvements;
2 .

Marketing/District Identity/Placemaking; and,
3 .

Administration.

The following items are highlights of the Annual Report:

The Assessment
: The CBD uses common parcel-based factors to assess special beneﬁt in a commercial/retail/residential business district. These factors are parcel size, street frontage, and building size. Street frontage has been determined to provide approximately 36% of the total assessment, land area approximately 26% of the total assessment, and building area approximately 38% of the total assessment. Annual assessments on the property will be $ 0.06 (6 cents) per parcel square foot, $0.16 (16 cents) per building square foot, plus $ 6.00 per frontage foot. Residential condominiums are assessed at 0.25 (25 cents) per square foot.

The beneﬁts provided to properties within the district are listed in the diagram below. These services are only applied to properties within the boundaries of the district.

Category of Special Benefit
Services
Annual Amount 2021-2022
Percentage of total budget
Civil Sidewalks
$ 323,522
60%
Marketing/District
Identity/Placemaking
$ 88,157
13%
Administration
$ 158,074
24%
Contingency
$ 18,940
3%
Total
$ 569,753
100%
The Budget
: The DOIA Board of Directors approved a budget for Fiscal Year 2021-2022 for $569,753, which includes a 32% carry-over from FY 2020-2021. This is because Service Implementation for FY 2019-2020 did not begin until May of 2020. Those funds were incorporated into the subsequent budgets. A detailed Fiscal Year 2021-2022 budget and list of highlights from the previous year is shown in Exhibit A.

In accordance with California Streets and Highway Code, Section 36650, Staff recommends approval of the DOIA Annual Report for FY 2021- 22.
20 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING THE ANNUAL REPORT SUBMITTED BY

THE DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION FOR THE

DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT FOR FY
2021-22.

WHEREAS, on August 20, 2019, the City Council approved a Management District Plan entitled the “Downtown Ontario CBD Management District Plan” (the “Management District Plan”).

WHEREAS, the City Council conducted the public hearing on August 20, 2019, at which ballots cast in favor of and in opposition to proposed assessment and formation of the Downtown Ontario Community Benefit ("CBD”) for a five-year term were tabulated; and WHEREAS, of the ballots cast, property owners representing a majority of the total assessments voted in favor of the proposed assessment and formation of the CBD; and WHEREAS, Streets and Highways Code Section 36650 requires the improvement association of a property-based community benefit district submit an Annual Report to the legislative body for approval beginning its second year of operation and each year thereafter; and
WHEREAS, the Downtown Ontario Improvement Association (“DOIA”) has submitted its Annual Report for FY 2021-2022 for approval by the City Council.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

SECTION 1. The City Council has reviewed the Annual Report for FY 2021-2022 submitted by the Downtown Ontario Improvement Association and determined that the Annual Report presented is consistent with the services and improvement components outlined in the approved Management District Plan.

SECTION 2. That the Annual Report for FY 2021-2022 is hereb y approved in substantially the form submitted and attached hereto as Exhibit A.

The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, MAYOR
21 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
22 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held February 15, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held February 15, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
23 Downtown Ontario
Community Benefit District

ANNUAL REPORT

December 1, 2021 to
November 30, 2022

January 15, 2022

Prepared By: Downtown Ontario Improvement Association Ismael Arias
Executive Director
425 N. Euclid Ave.

Ontario, CA 91762
(909) 706-7877
24 ANNUAL REPORT
December 1, 2021 to November 30, 2022
This Annual Report is being submitted to the City Council of the City of Ontario to outline current and past improvements, activities, expenses, budgets and assessments for the Downtown Ontario Community Benefit District ("CBD") for the fiscal year 20 21 - 2022. This annual report presents the budget and assessments approved by the DOIA Board of Directors on October 28th, 2021.

EXECUTIVE SUMMARY

The third year of the Downtown Ontario CBD continues with the full implementation of services that have proved to be effective for the properties located within the district boundaries.

Also, the DOIA Executive Director manages and oversees the day-to-day operations to benefit downtown property owners and merchants. The Downtown Ontario CBD has been receiving the benefit of a 7-day maintenance ambassador program as well as marketing and advocacy initiatives.

All environmental and economic enhancements within the CBD augment, rather than replace services provided by the City of Ontario.

The Downtown Ontario Improvement Association (“DOIA”), the CBD’s governing body, continues to contract maintenance services from District Maintenance Services, Inc. a professional service provider. A truck and pressure washing machine continue to be in service provided by District Maintenance Services, Inc. to enhance the cleaning of sidewalks and gutters throughout downtown. DOIA has procured permits, purchased, installed, and is maintaining several pet clean- up stations, as a pilot program on the Euclid median. DOIA also installed seasonal Autumn décor and worked with city staff and a local artist to activate a n open space to attract visitors to Downtown Ontario , making downtown Ontario a more pedestrian friendl y and attractive destination.

To further enhance the positive image of Downtown Ontario the DOIA is continuously updating its website www.DowntownOntario.org and uses various social media accounts such as, Facebook, TikTok, Twitter, and Instagram in order to promote the downtown and its many community events.

1 25

ADMINISTRATION
BOARD OF DIRECTORS:

President: Rick Byrd
Vice President: Alex Baroian
Secretary: Peggi Hazlett
Treasurer: Maria Razo
Member: Richard Centeno
Member: Richard Galvez
Member: Jack Gingold
Member: Jennifer Hiramoto
Member: David Puscizna
Member: Jerry Rowley
Member: Jerry Rosenblum
Member: Andy Tai
Member: Ed Tessier
Member: Octavio Vazquez

KEY PERSONNEL:

Executive Director: Ismael Arias

Contracted Service Providers:

Maintenance Contractor: District Maintenance Services, Inc.

Auditor: Smith Marion & Co.

Social Media: Martin- Hall Media Consulting.

DOIA Meetings:

Board of Directors: 4th Thursday of the month at 9:00am at 425 N. Euclid Ave.

District Identity & Placemaking Committee: 2nd Thursday of the month at 10:00am at 425 N. Euclid .

Civil Sidewalks Committee: 2nd Thursday of January, March, May, July and October at 9:00am at 425 N. Euclid Ave.

In addition, every year the DOIA holds an Annual Meeting where all property owners are invited for a special report, board elections and discussion on DOIA’s programs and services. The Annual Meeting is held o n a date determined by the DOIA Board of Directors . The Annual Meeting for Fiscal 2020-2021 was held on September 23, 2021, a video summary was presented and is available for viewing on our website at downtownontario.org .

2 26

ACTIVITIES AND IMPROVEMENTS

Civil Sidewalks: The 2021-2022 budget is $323,522. The civil sidewalks committee oversees the civil sidewalk operations. The DOIA contracts with a maintenance service provider for two full time maintenance ambassadors to perform power washing, trash clean up, sidewalk and gutter sweeping along with other maintenance duties. One pickup truck equipped with a power washer provided by the maintenance provider along with two trash carts have been placed into service to facilitate operations. Since its creation, DOIA has funded over 6,400-man hours dedicated to cleaning and maintenance services within the downtown.

On-going and future projects:

▪ Seven days a week maintenance ambassador service:

▪ Regular sidewalk and gutter sweeping.
(A total of 1,969, 45-gallon bags; approximately 38,396 pounds of litter picked up, and 195 clean ups of bio waste)
▪ Regular sidewalk power washing,
(206 Full city blocks pressure washed)
▪ Trash can emptying.
▪ Timely graffiti, stickers and poster removal, within 24 hours as necessary. (1,716 pieces of graffiti, stickers, and posters removed.) ▪ Shopping cart removal,
(121 shopping cars returned to business or removed from the district.) ▪ Maintenance of existing and new public spaces.
▪ Beautification of the district.
▪ DOIA continues to work with the City of Ontario Utilities Dept. to address overflowing, illegal dumping and cleanliness of dumpsters and alleys in the Downtown. (246 reports filled: including broken city property, extensive graffiti, and illegal dumping.) ▪ DOIA uses environmentally friendly quiet leaf blowers and push trash carts have to facilitate sidewalk clean up.
▪ DOIA has procured permits, purchased, installed and maintains two Pet cleanup stations on the Euclid median between “D” Street and “E” Street.
▪ DOIA is in conversations with city staff to install new trash cans throughout the district. ▪ DOIA plans to install surveillance cameras in key areas of the Downtown. ▪ DOIA has assisted various community nonprofit organizations as well as the city of Ontario with community event clean up assistance i.e., “B” Street Festival, Ontario Arts Festival, Holiday of Lights parade.
▪ DOIA has also served as an advocate for Downtown property owners and businesses with Caltrans on issues pertaining to streetlight synchronization and vegetation maintenance along the Euclid median.
▪ DOIA has assisted downtown property owners with filling “No Trespassing” forms with OPD in an effort to prevent damage to their properties and to help address quality of life issues. ▪ DOIA Ambassadors have performed 146 homeless outreaches relating to business calls and disturbances.
▪ DOIA is continuously working closely with OPD to address manners affecting the downtown.

3 27
District Identity/Placemaking : The 20 21-2022 District Identity/Placemaking budget is $88,157. The District Identity committee oversees and implements placemaking programs . In addition to ongoing advertising, the District Identity committee authorized the printing of QR coded promotional postcards, posters, and lawn signs which lead visitors to the Downtown Ontario website and social media platforms. The district identity committee has also authorized the creation of a Downtown Ontario banner program. in partnership with City of Ontario also activated the Downtown by installing Autumn and Dia de Los Muertos décor throughout the Downtown.

On-going and future projects:
▪ The consistent and continuous updates to the DOIA website www.downtownontario.org resulted in 12,577 visitors in the last year.
▪ The DOIA consistently promotes the downtown via various social media platforms, such as Facebook with a page reach of 31,278, Twitter with a page reach of 6,929, Instagram with a page reach 29,001 and now on TikTok with a page reach 6,929. All within the last year. ▪ DOIA continues to utilize its logo as its branding tool. ▪ DOIA has been one of the sponsors for the Ontario Town Square Farmers Market on Sunday mornings.
▪ DOIA has sponsored and will continue to sponsor events such as The Downtown Ontario Arts District Guide, OPOA Widows and Orphans Golf Tournament, and The Ontario Hispanic Chamber of Commerce William Rojas Scholarship.
▪ DOIA, and the City of Ontario, working together have launched a downtown banner program which is funded by DOIA. The second phase of installation will be occurring in late January of 2022.
▪ DOIA’s office serves as an information center for all downtown visitors. ▪ DOIA has produced, printed, and distributes QR coded postcards, posters, and lawn signs leading visitors to DOIA (link tree ) which hosts the DOIA website ; Facebook, Instagram, Twitter, and TikTok.
▪ DOIA is promoting the district as a pedestrian friendly community. ▪ DOIA promotes the downtown locally and regionally.
▪ DOIA has procures the services of a social media consultant to manage all social media platforms. • DOIA has procures permits, purchases, installs and maintains Autumn Décor, and Dia de los Muertos décor through the downtown and will provide other seasonal décor as well. • DOIA also donated gift cards to downtown Ontario businesses for the 2021 Summer Concert Series giveaways to attract concert attendees into downtown Ontario businesses. • DOIA Ambassadors give directions or recommendations to visitors of the downtown , in the last year they have given directions and or recommendations to 133 visitors. • DOIA works with City staff to promote the downtown in a cohesive manner.

Administration: The 2020-2021 administrative budget is $135,182. The Executive Committee and the Executive Director oversee administrative operations. The DOIA Executive Director manages and oversees the day-to-day operations to ensure effective delivery of services. The DOIA office also serves as a visitor center located at 425 North Euclid Ave ., Ontario, CA 91762. The DOIA Executive Director is in close contact with city of Ontario staff which help to provide insight into the needs of the downtown.

On-going expenses:
▪ Staff and administrative costs
▪ Directors and Officers Insurance, General Liability and other insurance coverages. ▪ Office related expenses
▪ Financial reporting, accounting, and legal services.

4 28

BUDGET

The CBD (DOIA) is funded through downtown property tax assessments. Maintaining financial balance is a key objective in any organization; the budget is managed through monitoring expenditures and looking for variances. Marketing, maintenance, and administration , which include costs for building, equipment, supplies, services and staff, are all managed via the budget.

The board approved budget for Fiscal Year 2021-2022 is $569,753, which included a 32% carry over from FY 20 20-2021 (Service Implementation for FY 2019 -2020 did not begin until May of 2020). T hose funds were incorporated into the subsequent budgets. The FY 2021-2022 budget is shown in Exhibit A.

5 29

ASSESSMENTS

The CBD (DOIA) uses common parcel -based factors to assess special benefit in a commercial/retail/residential business district, which are parcel size, street frontage, and building size. Street frontage has been determined to provide approximately 36% of the total assessment, land area approximately 26% of the total assessment, and building area approximately 38% of the total assessment. Annual assessments on property will be $0.06 (6 cents) per parcel square foot, $0.16 (16 cents) per building square foot, plus $6.00 per frontage foot. Residential condominiums are assessed $0.25 (25 cents) per square foot for residential condominiums.

The benefits provided to properties within the district are listed in the diagram below.

These services are only applied to properties within the boundaries of the district.

Category of Special Benefit Services Annual Amount 2021-2022 Percentage of total budget
Civil Sidewalks $ 323,522 60%
District Identity/Placemaking $ 88,157 13%
Administration $ 158,074 24%
Contingency $ 18,940 3%
Total $ 569,753.50 100%

Properties that are owned and operated as a non -profit, and are property tax exempt, are not assessed the full assessment because these parcels are deemed to benefit from most, but not all, of the proposed District improvements and services. As stated above, these properties receive benefits from, maintenance and streetscape, and administration, but do not receive any marketing.

Therefore, properties that are owned and operated as a non -profit, and are property tax exempt, and exclude the per building square foot assessment.

Due to the unforeseen circumstances that were brought upon by the COVID-19 pandemic, beginning in early 202 0 the DOIA board for directors implemented a hardship reimbursement policy. The policy allows for the p artial reimbursement for property owners that applied for the hardship reimbursement and have provided satisfactory evidence of an economic hardship due to the COVID -19 pandemic. The reimbursement was a partial reimbursement , and proof of full payment of property taxes was required. Therefore, properties that received a reimbursement , were only assessed $0.06 (6 cents) per parcel square foot, and $6.00 per frontage foot.

Based on the above factors, the resulting assessments are shown in the chart attached hereto as Appendix 1 . The CBD assessment is collected with regular property taxes . The assessment appeared as a separate line item on annual Property Tax bills prepared by the County of San Bernardino.

6 30

EXHIBIT A
Downtown Ontario Improvement Association Detailed Budget Fiscal Year 2021-2022 7 Income
Assessment Income $449,452.42
Carry Forw ard
Delinquency (22,472.60)
Total Assessment Income $ 426,979.82
Total Income $ 426,979.82
Gross Profit
Expenses
Administration
Accounting Fees 8,500.00
Admin Contingency 18,940.18
Annual Elections/Mailings 240.00
Bank Charges/Interest 500.00
Board Meetings / Retreats 1,500.00
Insurance - Liability, D and O 3,700.00
Legal Fees 50.00
Meeting Refreshments 350.00
Office Supplies 2,500.00
Payroll Service 2,500.00
Printing and Copying 700.00
Rent 18,333.00
Staff Contract 78,624.00
Dental and Vision Insurance 544.32
Health Insurance 4,828.32
Payroll Tax Expense 6,246.18
Workers Comp 1,258.00
Total Staff Contract 91,500.82
Telephone, Telecommunications 960.00
Utilities 7,800.00
Total Administration 158,074.00
Civil Sidew alks
Civil Sidew alks Contingency 3,922.00
DMS Contractor 226,600.00
Maintenance & Supplies 18,000.00
Metal Trash Cans 20,000.00
Security Camera Project 50,000.00
New Project/ Conference 5,000.00
Total Civil Sidew alks 323,522.00 District Identity/Placemaking
Advertising 5,000.00
Branding & Signage 10,000.00
Creative Agency 24,000.00
District Identity Contingency 10,328.50
Window Vinyl/ Project 10,329.00
Public Space Dev. 7,500.00
Seasonal Displays 15,000.00
Website 6,000.00
Total District Identity/Placemaking 88,157.50 Total Expenses 569,753.50
Net Operating Income (142,773.68)
Net Income (142,773.68)
Prior year Carryover Funds 198,806.53$
Net Income/ (Loss) 56,032.85$
Operating Reserves (1 Month) 47,479.46$ 31 APPENDIX 1 – 2021-2022 PARCEL ASSESSMENT CALCULATIONS

8 32

9 1048-552-17-0000 218 10,993 6,800 6.00 0.06000 0.1600 3,055.58 1048-552-18-0000 14 789 - 6.00 0.06000 0.1600 131.34 1048-552-19-0000 170 5,891 8,828 6.00 0.06000 0.1600 2,785.94 1048-553-01-0000 185 7,434 - 6.00 0.06000 0.1600 1,556.04 1048-553-02-0000 48 8,496 4,450 6.00 0.06000 0.1600 1,509.76 1048-553-03-0000 48 8,496 - 6.00 0.06000 0.1600 797.76 1048-553-04-0000 225 8,496 - 6.00 0.06000 0.1600 1,859.76 1048-553-05-0000 40 5,760 - 6.00 0.06000 0.1600 585.6 1048-553-06-0000 157 3,810 - 6.00 0.06000 0.1600 1,170.6 1048-553-07-0000 33 4,191 - 6.00 0.06000 0.1600 449.46 1048-553-08-0000 53 6,731 - 6.00 0.06000 0.1600 721.86 1048-553-09-0000 28 3,556 - 6.00 0.06000 0.1600 381.36 1048-553-10-0000 146 2,520 - 6.00 0.06000 0.1600 1,027.2 1048-553-11-0000 31 3,906 - 6.00 0.06000 0.1600 420.36 1048-553-12-0000 31 3,906 - 6.00 0.06000 0.1600 420.36 1048-553-13-0000 62 7,812 10,000 6.00 0.06000 0.1600 2,440.72 1048-553-14-0000 32 4,268 - 6.00 0.06000 0.1600 448.08 1048-553-15-0000 31 3,780 3,904 6.00 0.06000 0.1600 1,037.44 1048-553-16-0000 31 8,854 3,250 6.00 0.06000 0.1600 1,237.24 1048-553-17-0000 65 8,190 17,400 6.00 0.06000 0.1600 3,665.4 1048-561-07-0000 225 8,496 3,417 6.00 0.06000 0.1600 2,406.48 1048-561-08-0000 96 17,169 3,845 6.00 0.06000 0.1600 2,221.34 1048-561-09-0000 48 8,554 1,392 6.00 0.06000 0.1600 1,023.96 1048-561-10-0000 48 8,496 - 6.00 0.06000 0.1600 797.76 1048-561-11-0000 123 8,400 1,190 6.00 0.06000 0.1600 1,432.4 1048-561-12-0000 102 4,896 1,728 6.00 0.06000 0.1600 1,182.24 1048-561-13-0000 642 54,516 109,032 6.00 0.06000 0.1600 24,568.08 1048-562-01-0000 417 42,834 - 6.00 0.06000 0.1600 5,072.04 1048-562-02-0000 225 8,496 4,178 6.00 0.06000 0.1600 2,528.24 1048-562-03-0000 369 34,161 19,923 6.00 0.06000 0.1600 7,451.34 1048-562-06-0000 55 2,658 1,980 6.00 0.06000 0.1600 806.28 1048-562-07-0000 170 13,032 - 6.00 0.06000 0.1600 1,801.92 1048-563-01-0000 175 6,096 1,194 6.00 0.06000 0.1600 1,606.8 1048-563-02-0000 48 8,496 - 6.00 0.06000 0.1600 797.76 1048-563-03-0000 96 16,992 6,767 6.00 0.06000 0.1600 2,678.24 1048-563-04-0000 48 8,640 3,360 6.00 0.06000 0.1600 1,344.0 1048-563-05-0000 225 8,496 13,104 6.00 0.06000 0.1600 3,956.4 1048-563-06-0000 226 9,365 - 6.00 0.06000 0.1600 1,917.9 1048-563-07-0000 48 7,536 5,154 6.00 0.06000 0.1600 1,564.8 1048-563-08-0000 96 16,992 16,692 6.00 0.06000 0.1600 4,266.24 1048-563-09-0000 46 8,496 - 6.00 0.06000 0.1600 785.76 1048-563-10-0000 225 8,496 - 6.00 0.06000 0.1600 1,859.76 1048-563-11-0000 47 2,400 790 6.00 0.06000 0.1600 552.4 1048-564-01-0000 176 7,680 6,888 6.00 0.06000 0.1600 2,618.88 1048-564-02-0000 48 8,496 16,724 6.00 0.06000 0.1600 3,473.6 1048-564-03-0000 196 8,820 15,650 6.00 0.06000 0.1600 4,209.2 1048-564-04-0000 55 6,875 4,125 6.00 0.06000 0.1600 1,402.5 1048-564-05-0000 36 3,906 2,733 6.00 0.06000 0.1600 887.64 1048-564-06-0000 61 7,812 - 6.00 0.06000 0.1600 834.72 1048-564-07-0000 93 10,278 10,572 6.00 0.06000 0.1600 2,866.2 1048-564-08-0000 21 1,835 3,472 6.00 0.06000 0.1600 791.62 1048-564-09-0000 93 2,132 3,960 6.00 0.06000 0.1600 1,319.52 1048-564-10-0000 74 4,330 8,660 6.00 0.06000 0.1600 2,089.4 1048-564-11-0000 48 8,622 3,615 6.00 0.06000 0.1600 1,383.72 1048-564-12-0000 214 8,914 8,653 6.00 0.06000 0.1600 3,203.32 1048-564-13-0000 58 6,299 - 6.00 0.06000 0.1600 725.94 1048-564-14-0000 97 9,312 - 6.00 0.06000 0.1600 1,140.72 1048-565-01-0000 291 23,388 - 6.00 0.06000 0.1600 3,149.28 1048-565-02-0000 30 2,100 2,100 6.00 0.06000 0.1600 642.0 1048-565-03-0000 219 11,782 33,804 6.00 0.06000 0.1600 7,429.56 1048-565-04-0000 24 1,536 2,400 6.00 0.06000 0.1600 620.16 1048-565-05-0000 37 5,820 11,976 6.00 0.06000 0.1600 2,487.36 1048-565-06-0000 62 7,812 7,812 6.00 0.06000 0.1600 2,090.64 1048-565-07-0000 31 4,032 3,696 6.00 0.06000 0.1600 1,019.28 1048-565-08-0000 31 3,780 3,480 6.00 0.06000 0.1600 969.6 1048-565-09-0000 31 4,000 5,560 6.00 0.06000 0.1600 1,315.6 1048-565-10-0000 188 7,812 7,938 6.00 0.06000 0.1600 2,866.8 1048-565-11-0000 95 9,216 36,864 6.00 0.06000 0.1600 7,021.2 1048-565-12-0000 118 3,360 3,296 6.00 0.06000 0.1600 1,436.96 1048-565-13-0000 107 5,136 - 6.00 0.06000 0.1600 950.16 1048-565-14-0000 - 8,448 - 6.00 0.06000 0.1600 506.88 1048-566-01-0000 148 4,800 - 6.00 0.06000 0.1600 1,176.0 1048-566-02-0000 48 8,496 6,111 6.00 0.06000 0.1600 1,775.52 1048-566-03-0000 48 8,496 - 6.00 0.06000 0.1600 797.76 1048-566-04-0000 219 11,844 10,840 6.00 0.06000 0.1600 3,759.04 1048-566-05-0000 136 17,262 35,524 6.00 0.06000 0.1600 7,535.56 1048-566-06-0000 52 6,552 5,800 6.00 0.06000 0.1600 1,633.12 1048-566-07-0000 219 11,718 12,003 6.00 0.06000 0.1600 3,937.56 1048-566-08-0000 - 2,400 - 6.00 0.06000 0.1600 144.0 1048-566-09-0000 100 14,662 - 6.00 0.06000 0.1600 1,479.72 33

1048-566-10-0000 225 8,496 - 6.00 0.06000 0.1600 1,859.76 1048-566-11-0000 77 3,696 2,208 6.00 0.06000 0.1600 1,037.04 1049-055-01-0000 192 9,064 9,064 6.00 0.06000 0.1600 3,146.08 1049-055-02-0000 42 3,738 3,738 6.00 0.06000 0.1600 1,074.36 1049-055-03-0000 50 4,361 4,361 6.00 0.06000 0.1600 1,259.42 1049-055-04-0000 47 4,183 4,183 6.00 0.06000 0.1600 1,202.26 1049-055-05-0000 137 4,272 1,000 6.00 0.06000 0.1600 1,238.32 1049-055-06-0000 137 4,301 - 6.00 0.06000 0.1600 1,080.06 1049-055-07-0000 47 4,183 - 6.00 0.06000 0.1600 532.98 1049-055-08-0000 48 4,301 - 6.00 0.06000 0.1600 546.06 1049-055-09-0000 233 12,816 12,905 6.00 0.06000 0.1600 4,231.76 1049-056-01-0000 254 15,225 - 6.00 0.06000 0.1600 2,437.5 1049-056-02-0000 48 4,872 - 6.00 0.06000 0.1600 580.32 1049-056-03-0000 48 4,872 - 6.00 0.06000 0.1600 580.32 1049-056-04-0000 153 5,040 - 6.00 0.06000 0.1600 1,220.4 1049-056-05-0000 250 15,225 15,000 6.00 0.06000 0.1600 4,813.5 1049-056-06-0000 250 15,225 - 6.00 0.06000 0.1600 2,413.5 1049-057-01-0000 430 22,632 - 6.00 0.06000 0.1600 3,937.92 1049-057-02-0000 56 4,428 4,428 6.00 0.06000 0.1600 1,310.16 1049-057-03-0000 158 5,280 5,212 6.00 0.06000 0.1600 2,098.72 1049-057-04-0000 31 3,520 6,680 6.00 0.06000 0.1600 1,466.0 1049-057-05-0000 430 4,900 9,000 6.00 0.06000 0.1600 4,314.0 1049-057-06-0000 156 5,600 - 6.00 0.06000 0.1600 1,272.0 1049-057-07-0000 50 3,723 - 6.00 0.06000 0.1600 523.38 1049-058-01-0000 208 9,856 8,654 6.00 0.06000 0.1600 3,224.0 1049-058-02-0000 68 5,077 - 6.00 0.06000 0.1600 712.62 1049-058-03-0000 191 8,910 21,351 6.00 0.06000 0.1600 5,096.76 1049-058-04-0000 214 9,000 4,048 6.00 0.06000 0.1600 2,471.68 1049-058-05-0000 204 13,346 3,920 6.00 0.06000 0.1600 2,651.96 1049-059-07-0000 52 6,136 - 6.00 0.06000 0.1600 680.16 1049-059-08-0000 74 8,140 2,910 6.00 0.06000 0.1600 1,398.0 1049-059-09-0000 56 8,140 - 6.00 0.06000 0.1600 824.4 1049-059-14-0000 405 39,403 - 6.00 0.06000 0.1600 4,794.18 1049-059-21-0000 269 29,645 22,935 6.00 0.06000 0.1600 7,062.3 1049-061-01-0000 428 20,097 57,930 6.00 0.06000 0.1600 13,042.62 1049-061-02-0000 427 20,196 - 6.00 0.06000 0.1600 3,773.76 1049-061-03-0000 48 4,488 - 6.00 0.06000 0.1600 557.28 1049-062-01-0000 395 34,087 15,000 6.00 0.06000 0.1600 6,815.22 1049-062-02-0000 412 38,880 - 6.00 0.06000 0.1600 4,804.8 1049-063-01-0000 190 9,021 5,536 6.00 0.06000 0.1600 2,567.02 1049-063-02-0000 97 13,548 11,400 6.00 0.06000 0.1600 3,218.88 1049-063-03-0000 17 1,504 1,040 6.00 0.06000 0.1600 358.64 1049-063-04-0000 31 3,008 2,080 6.00 0.06000 0.1600 699.28 1049-063-05-0000 142 4,512 1,614 6.00 0.06000 0.1600 1,380.96 1049-063-06-0000 142 4,512 3,384 6.00 0.06000 0.1600 1,664.16 1049-063-07-0000 48 4,464 1,645 6.00 0.06000 0.1600 819.04 1049-063-08-0000 96 9,021 - 6.00 0.06000 0.1600 1,117.26 1049-063-09-0000 143 4,559 - 6.00 0.06000 0.1600 1,131.54 1049-063-10-0000 47 4,559 4,000 6.00 0.06000 0.1600 1,195.54 1049-064-12-0000 - 8,064 - 6.00 0.06000 0.1600 483.84 1049-064-13-0000 133 12,768 6,400 6.00 0.06000 0.1600 2,588.08 1049-064-14-0000 620 48,242 6,232 6.00 0.06000 0.1600 7,611.64 27,356 2,035,879 1,019,773 $449,452.42
10 34
Department: Economic Development
Prepared By: Charity Hernandez
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

CHANGE IN FUND OWNERSHIP OF CERTAIN CITY ASSETS

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the change in designated fund ownership of City asset between the City Fund and Water Fund for the real property located at 404-426 North Euclid Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

This proposed action will reassign the real property located at 404-426 North Euclid Avenue from the Water Fund to City Fund in the amount of $3,210,364. If approved, any budget changes necessary to complete these fund reassignments will be included in the Year End Budget Update Report to the City Council.

BACKGROUND & ANALYSIS:

I
n 2017, the City acquired the real property located at 404-426 North Euclid Avenue with the intention of exploring the relocation of the Fiscal Services and Revenue Services Departments to the 400 block of North Euclid Avenue. After a programming and space planning exercise, it was determined that the site had numerous physical constraints, and would be a cost-prohibitive use of a City asset. Alternatively, it was recommended that the highest and best use of the site would be to redevelop the property into a modern-day urban mixed-use project.

Planning for such a project is currently underway, and there is an active Exclusive Negotiating Agreement with a developer who intends to construct a four-story, mixed use projects consisting of 108 residential units and 6,800 square feet of commercial space.

As a result, the Capital Improvement Projects Fund will repay the Water Fund the full purchase price of $3,210,364. Should the City determine to move forward with a sale of the property to a developer or other party, proceeds will be allocated to the General Fund. 35 Department: Engineering
Prepared By: Yesenia Lopez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

A CONSTRUCTION CONTRACT FOR THE 2021 SPRING ALLEY CDBG PAVEMENT

REHABILITATION PROJECT

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions: Reject Superior Paving, Inc.'s bid for the 2021 Spring Alley Community Development Block Grant (CDBG) Pavement Rehabilitation Project as being non-responsive; Award a construction contract (on ﬁle in the Records Management Department) with Onyx Paving Company, Inc. of Anaheim, California, for the 2021 Spring Alley CDBG Pavement Rehabilitation Project in the bid amount of $545,000 plus a ten percent (10%) contingency of $54,500 for a total authorized expenditure of $599,500; and Authorize the City Manager to execute said contract and all related documents and ﬁle a notice of completion at the conclusion of all construction activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2021-22 Adopted Budget allocated funds for the 2021 Spring Alley CDBG Pavement Rehabilitation Project in the amount of $470,000 from CDBG funds. The total recommended expenditure authorization consists of $545,000, plus a 10% contingency of $54,500 for a total authorized expenditure of $599,500. The City Manager has authorized the allocation of an additional $129,500 towards the project from CDBG funds. This addition will be included in the next quarterly budget update.

BACKGROUND & ANALYSIS:

The general scope of work to be performed consists of, but is not limited to, asphalt removal, placement of pavement, removal and replacement of PCC curb & gutter, ribbon gutter, drive approaches, detectable warning surface, replace irrigation in like and kind, and other appurtenances necessary to complete the project improvements. The project locations include rehabilitation of ﬁve residential alleys. Project location maps are provided for reference as Exhibit "A" and Exhibit "B." This project will extend the lifespan of the alleys by 15 to 20 years.
36 In November 2021, the City solicited bids for the project and six bids were received. The following is a summary of the bid results:

COMPANY

LOCATION
AMOUNT
Superior Paving Company, Inc.*
(Non-Responsive)
Corona, CA
$490,094
Onyx Paving Company, Inc.

Anaheim, CA
$545,000
Wheeler Paving, Inc.

Riverside, CA
$548,173
All American Asphalt
Corona, CA
$562,195
CT&T Concrete Paving, Inc.

Diamond Bar, CA
$913,104
Hardy & Harper, Inc.

Lake Forest, CA
$1,042,000

Superior Paving Company, Inc. bid was found to be non-responsive due to incomplete Federal forms. Based on Superior Paving Company, Inc.'s failure to adhere to the project speciﬁcations, and in consultation with the City Attorney's oﬃce, Staﬀ recommends that the City Council reject the bid submitted by Superior Paving Company, Inc., and award a construction contract to Onyx Paving Company, Inc., the lowest responsible bidder.

ENVIRONMENTAL REVIEW:

The environmental impacts of this project were reviewed and Staﬀ determined that the project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act, whereas the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. 37 38
39 Department: Engineering
Prepared By: Raymond Lee
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Tricia Espinoza, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

STORMWATER PERMIT COMMON INTEREST, JOINT DEFENSE, AND

CONFIDENTIALITY AGREEMENT

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The costs incurred under this Agreement will be paid through the San Bernardino County Stormwater Program budget. As a co-permittee of the MS4 permit, the City contributes its pro-rata share to the County Stormwater Program budget by paying the Annual Regional MS4 Permit fee. The Fiscal Year 2021-22 Adopted Operating Budget includes appropriations for the amount of $216,6111 in the Storm Drain Maintenance fund for the Annual Regional MS4 Permit Fee.

BACKGROUND & ANALYSIS:

The City of Ontario owns and operates stormwater and runoﬀ conveyance systems commonly known as Municipal Separate Storm Sewer Systems (MS4s) or storm drains. Stormwater and runoﬀ discharges from the San Bernardino County areas are regulated by the County MS4 Stormwater Discharge Permit, which is typically updated every 5 to 7 years. The current permit was issued by the Regional Water Quality Control Board on January 29, 2010 and expired on January 29, 2015. However, it has been extended and remains in eﬀect until a new permit is issued.

The County of San Bernardino, the City of Ontario, the County Flood Control District and ﬁfteen other incorporated cities in the County are co-permittees of the MS4 Permit and have collectively 40 developed a program to cooperatively implement the requirements set forth in the permit. In anticipation of the issuance of a new permit in 2022, all co-permittees desire to coordinate with each other to reduce cost and to use a common legal counsel to review and address legal challenges associated with the new permit and to represent their interests more effectively.

This Agreement will allow the City to fully participate in and be privy to attorney-client communications related to the permit renewal matters. This agreement has been reviewed and approved by the City Attorney and the City Engineer.
41 Department: Engineering
Prepared By: Michael Bhatanawin
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Raymond Lee, Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20027 LOCATED AT THE SOUTHWEST

CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required for this subdivision will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Parcel Map No. 20027, consisting of six numbered parcels and one lettered lot on approximately 47 acres of land, as shown on Exhibit A, has been submitted by the Developer, Ontario CC 2.0, L.L.C., a Delaware limited liability company. Tentative Parcel Map No. 20027 was approved by the Planning Commission on August 25, 2020.

Improvements will include AC pavement, curb, gutter, sidewalk, landscaped parkways, ﬁber optic conduits, ﬁre hydrants, sewer, water, recycled water mains, storm drain, and streetlights.

Improvements in the parkway will be consistent with current City approved drought measures.

The Developer has entered into an Improvement Agreement with the City for Final Parcel Map No. 20027 and has posted adequate security to ensure construction of the required public 42 improvements.

This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
43 CHINO AVENUE

HAMNER AVENUE
EAST RIVERSIDE DRIVETM 17564
PM 20177EXHIBIT APARCEL MAP 20027
CITY OF ONTARIOENGINEERING DEPARTMENTAPPLICANT:ONTARIO CC 2.0, LLC,A DELAWARE LIMITED LIABILITY COMPANYPROJECT: PARCEL MAP 20027 4150 CONCOURS, ONTARIO, CA 91764PHONE: (909) 989-9789 FAX: (909) 989-9660Engineering Geospatial Land PlanningVICINITY MAP PROJECT SITE(PM 20027)15
Ontario
44 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 20027 LOCATED

AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER
AVENUE.

WHEREAS, Tentative Parcel Map No. 20027 submitted for approval by Ontario CC, L.L.C., was approved by the Planning Commission of the City of Ontario on August 25, 2020; and
WHEREAS, Tentative Parcel Map No. 20027 consists of six numbered parcels and one lettered lot being a subdivision of a portion of the East one-half on the Northeast quarter of Section 12, Township 2 South, Range 7 West of the San Bernardino Meridian, as described in grant deed recorded September 7, 2018 as Instrument No. 2018-0333141 and grant deed recorded April 12, 2018 as instrument no. 2018-013322, both in official records in the office of county recorder of San Bernardino County; and WHEREAS, to meet the requirements established as prerequisite to final approval of Parcel Map No. 20027, Ontario CC 2.0, L.L.C., a Delaware limited liability company has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the requirement for the preparation of Covenants, Conditions and Restrictions (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Parcel Map.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and

3. That Final Parcel Map No. 20027 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
45 PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
46 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
47 Department: Housing
Prepared By: Katryna Gonzalez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT

BETWEEN ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. FOR THE DEVELOPMENT OF A 50-UNIT HOUSING DEVELOPMENT LOCATED ON APPROXIMATELY 2.15 ACRES OF LAND BORDERED BY TRANSIT

STREET ON THE NORTH, FERN AVENUE ON THE WEST, EMPORIA STREET ON THE SOUTH, AND PALM AVENUE ON THE EAST; AND FIRST AMENDMENT TO THE

GRANT AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $10,000,000.

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):

A
.

Adopt the Resolutions approving the First Amendment to the Disposition and Development Agreement ("First Amendment to DDA") between the Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on file with the Records Management Department); and B
.

Approve the First Amendment to City Grant Agreement ("First Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended amount not to exceed $10,000,000 (on file with the Records Management Department); and C
.

Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

Approval of the First Amendment to DDA will increase the Authority's gap loan from $8,000,000 to $10,000,000, which would increase the City's total investment for the project to an estimated amount of $12,267,000. The amount of the loan to Developer will be ﬁnalized at the time of escrow closing and is dependent upon the land appraisal amount. The Authority's gap loan is a residual receipt note that will be paid back over a 65-year term. The loan will provide funds for the acquisition of land at a cost of $2,267,000 or appraised value, whichever is greater. The estimated appraised value at this time is approximately $2,700,000. The land purchase price will be 48 provided to the Developer in the form of a loan carryback. The land purchase principal will have an interest rate at the applicable federal rate that will be set at escrow closing. It is estimated that this interest rate will be approximately 3.25%. The remaining portion of the loan will not exceed $10,000,000 and will have a zero percent interest rate.

The City's Grant Agreement to the Authority, as amended by the First Amendment to the Grant Agreement will not exceed $10,000,000 and will be funded from the following sources:

California 2019 Budget Act Funds in the amount of $5,000,000; Affordability In-Lieu Fees in the amount of $3,119,990; and Permanent Local Housing Allocation (PLHA) Funds (SB2 Funds) in the amount of $1,880,010.

The increased funding of $2,000,000, that is included in the not to exceed $10,000,000 proposed as part of the First Amendment to DDA will be funded from two sources: $856,005 from the Aﬀordability In-Lieu Fees and $1,143,995 from PLHA. The PLHA funds will be available upon execution of the FY 2020-21 PLHA Grant Agreement with the State of California. If the Developer is unable to secure tax credit funding or if the site remediation activities exceed $400,000, which are required for the development to proceed, the Authority will purchase from the Developer all of Developer's rights, title, and interest in and to the predevelopment documents at a cost of $400,000. Appropriations will be included in the next quarterly report.

BACKGROUND & ANALYSIS:

On April 20, 2021, the City Council and Authority Board approved the Emporia Phase II Multifamily Development ("Development") Disposition and Development Agreement ("DDA") and the City Grant Agreement for the development of a 50-unit aﬀordable housing development in the area of Emporia Street and Palm Avenue. The area, site plan, and elevations are shown in Exhibit A.

Listed below is a brief summary of the proposed Amendments:

The First Amendment to DDA will increase the OHA loan ﬁxed sum portion by $2,000,000 which increases the proposed loan amount to Developer to an amount equal to the sum of the Purchase Price for the property plus the fixed sum amount of $10,000,000.

The First Amendment to Grant Agreement will increase the grant to include the total amount of Local In-Lieu Fees of $3,119,990, which includes the original authorization of $2,263,985 and the additional allocation of $856,005, PLHA funds of $1,880,010, which includes the original authorization of $736,015 and the additional allocation of $1,143,995, and the original authorization of $5,000,000 from California 2019 Budget Act Funds.

Financing of the Development is expected to utilize the Federal Low-Income Housing Tax Credit ("LIHTC") program, as a primary source of project funding. The Developer submitted an application for federal income tax credits on June 25, 2021 (2021 Second Round Application) as part of a complex competitive process. The Developer was unsuccessful in securing an award due to the highly competitive Tax Credit Allocation Committee (TCAC) region that includes the counties of San Bernardino, Riverside, and Imperial. With the increased ﬁnancial subsidy from the Authority proposed within the First Amendment to DDA, the tie-breaker score will rise to be a more 49 competitive score within our region.

If the City Council and Authority Board approve the First Amendment to DDA and the First Amendment to Grant Agreement, the Developer will submit a new LIHTC application to TCAC prior to the March 1 deadline for 2022 Round 1 applications. TCAC is expected to announce the winners of the Round 1 applicants in June 2022. If the Development is successful in getting tax credits in June 2022, the Developer must start construction by December 2022. The original DDA allowed the Developer up to four times to submit an application for tax credit funding to ﬁnance this project.

The application that will be submitted on or before March 1, 2022, will be the second application submitted by the Developer.
50 EXHIBIT A

Page 1 of 6 ends

51 EXHIBIT A

Page 2 of 6 ends

52 EXHIBIT A

Page 3 of 6 ends

53 EXHIBIT A

Page 4 of 6 ends

54 EXHIBIT A

Page 5 of 6 ends

55 EXHIBIT A

Page 6 of 6 ends

56 RESOLUTION NO. OHA-___

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A FIRST AMENDMENT

TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE

ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.

WHEREAS, the Ontario Housing Authority, a California public agency ("Authority"), currently owns certain real property generally located between Transit Street and Emporia Street and Fern Avenue and Laurel Avenue and more specifically described in Exhibit A attached to this Resolution and incorporated herein by this reference (“Property”); and WHEREAS, the Authority entered into that certain Disposition and Development Agreement (the "DDA"), dated as of April 20, 2021, with Ontario Emporia II Housing Partners, L.P. (the "Developer"), pursuant to which (a) the Authority would sell to Developer the Property, and (b) the Developer will develop thereon an approximately 50- unit, multifamily, affordable, rental housing project (the "Project"); and WHEREAS, in order to address increased construction costs, the Authority and Developer now desire to amend the DDA (“First Amendment to DDA”) in order to increase the Fixed Sum Portion of the Authority Subordinate Loan (as those terms are defined in the DDA) for the Project by Two Million Dollars ($2,000,000), resulting in an amended not to exceed fixed sum of Ten Million Dollars ($10,000,000), and to update the Preliminary Project Budget, including the Cash Flow Projection.

NOW, THEREFORE, THE AUTHORITY DOES HEREBY RESOLVE AND
DECLARE AS FOLLOWS:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Approval of Agreement. The Authority Board hereby approves the First Amendment to DDA, a copy of which is on file with the Secretary of the Authority, subject to any non-substantive revisions which do not increase the Authority’s liability and are approved by the Authority counsel, and authorizes the Executive Director to sign and enter into the First Amendment to DDA.

SECTION 3. CEQA. The Authority has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. Notice of Exemption. The Executive Director, or his designee, is hereby directed to file a Notice of Exemption for the Project under CEQA. 57 SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Authority declares that the Authority would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

The Secretary of the Ontario Housing Authority shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
58 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, Secretary of the Ontario Housing Authority, DO HEREBY CERTIFY that the foregoing Resolution No. OHA- was duly passed and adopted by the Board Members of the Ontario Housing Authority at their regular meeting held February 15, 2022 by the following roll call vote, to wit:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
The foregoing is the original of Resolution No. OHA- duly passed and adopted by the Ontario Housing Authority at their regular meeting held February 15, 2022. ___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
59 EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO

IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: LOTS 4, 5, 8 AND 9, BLOCK 58, TOWN OF ONTARIO, IN THE CITY OF

ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY.

EXCEPTING THE NORTH 3.25 FEET AS CONVEYED TO THE CITY OF ONTARIO, BY DEED RECORDED MAY 13, 1958 IN BOOK 4507, PAGE 433 OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. APN: 1049-054-02-0-000
PARCEL 2: THE NORTH 60 FEET OF LOTS 1, 2 AND 3, BLOCK 58, TOWN OF

ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY. APN: 1049-054-03-0-000
PARCEL 3: LOTS 6 AND 7, IN BLOCK 58, TOWN OF ONTARIO, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT NO. L-78-4, RECORDED JULY 06, 1978 IN BOOK 9468, PAGE 1350 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

PORTIONS OF BLOCK 58, TOWN OF ONTARIO, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. BEGINNING AT THE NORTHWEST CORNER OF LOT 6 OF THE ABOVE DESCRIBED BLOCK, THENCE EASTERLY TO THE NORTHEAST CORNER OF SOUTH LOT 6, THENCE SOUTHERLY 210 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK, THENCE WESTERLY TO THE SOUTHWEST CORNER OF SOUTH LOT 7, THENCE NORTHERLY 210 FEET TO THE POINT OF BEGINNING. APN: 1049-054-06-0-000 PARCEL 4: THAT PORTION OF BLOCK “B”, IN THE TOWN OF ONTARIO, COUNTY

OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED I BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF EMPORIA AVENUE 40.6 FEET WEST OF THE EAST LINE OF SAID BLOCK “B” (THE SAME BEING 364 FEET WEST OF THE WEST LINE OF LAUREL AVENUE); RUNNING THENCE WEST ON THE SOUTH LINE OF EMPORIA AVENUE 52 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID BLOCK “B” 118 FEET, MORE OR

LESS, TO A POINT ON THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILWAY COMPANY; THENCE EAST ON SAID NORTH LINE 52 FEET, MORE OR LESS TO A POINT DUE SOUTH OF THE POINT OF BEGINNING; THENCE NORTH TO THE POINT OF BEGINNING. APN: 1049-059-07-0-000 PARCEL 5: LOTS 1, 2, 3, 10, 11 AND 12, IN BLOCK 58, TOWN OF ONTARIO, IN THE

CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY. SAVING AND EXCEPTING THE NORTH 60 FEET OF LOTS 1, 2 AND 3.

APN: 1049-054-04-0-000
60 PARCEL 6: THAT PORTION OF BLOCK "B", AS SHOWN ON THE MAP OF TOWN OF

ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF EMPORIA AVENUE, 50 FEET EAST OF THE WEST LINE OF BLOCK "B"; THENCE EAST ALONG THE SOUTH LINE OF EMPORIA AVENUE, 213.8 FEET TO A POINT 92.6 FEET WEST OF THE EAST LINE OF SAID BLOCK "B"; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST LINE OF SAID BLOCK "B" 118 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE SOUTHERN PACIFIC RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG THE NORTH LINE OF SAID RIGHT OF WAY 214 FEET; MORE OR LESS TO A POINT DUE SOUTH OF THE POINT OF BEGINNING; THENCE NORTH ON A LINE PARALLEL WITH AND 50 FEET EAST OF THE WEST LINE OF SAID BLOCK, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THE WESTERLY 103.8 FEET. APN: 1049-059-06-0-000 61 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING THAT CERTAIN FIRST AMENDMENT TO
CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY
DEVELOPMENT] CONCERNING THE GRANT OF STATE AND

DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING

AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING
PROJECT.

WHEREAS, the City of Ontario (“City”) has received the following funds from the State of California: California 2019 Budget Act Funds in the amount of $5,000,000, and Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010; and WHEREAS, in addition, the City has collected Local In-Lieu Fees from developers in the amount of $3,119,990; and
WHEREAS, the Authority has entered into a Disposition and Development Agreement (“DDA”) with Ontario Emporia II Housing Partners, L.P. (“Developer”) dated, for reference purposes, as of April 20, 2021, setting forth the terms for the transfer of the Property (as that term is defined in the DDA) to Developer and the development of a 50- unit affordable housing development (the “Development”); and WHEREAS, the City desires to develop and support affordable rental housing, and stabilize the community through the grant of the funds described herein; and WHEREAS, pursuant to that certain City Grant Agreement [Emporia Phase II Multifamily Development] (“Agreement”), dated, for reference purposes, as of April 20, 2021 the City originally extended to the Authority financial assistance in the form of a grant from the following funding sources, and in the following original sums: California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $736,015 and the Local In-Lieu Fees in the amount of $2,263,985 (“Original Grant”); and
WHEREAS, the City desires to enter into a First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] (“First Amendment”) to amend the amount of the Original Grant. and
WHEREAS, pursuant to the First Amendment, the City desires to amend the amount of the Original Grant, and to provide the following amounts of financial assistance:

California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010 and the Local In-Lieu Fees in the amount of $3,119,990 (“Grant”); and
WHEREAS, the City desires to make the Grant in accordance with the terms and conditions set forth in the Agreement, as amended by the First Amendment, and Authority desires to receive the Grant from the City.
62 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario (“City Council”) as follows:

SECTION 1. Recitals. The above recitals are true and correct, and are incorporated into this Resolution by reference as though fully set forth herein.

SECTION 2. Approval of First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development]. The City Council hereby approves the First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] in the form on file at the Offices of the City.

SECTION 3. Authorization. The City Council hereby authorizes the City Manager (with the concurrence of the City Attorney) to execute and deliver on behalf of the City the First Amendment, with such changes as may be authorized by the City Attorney, and such other documents and instruments as may be necessary or convenient in the furtherance of the actions authorized in this Resolution.

SECTION 4. Direction. City staff is hereby directed to do all that is necessary to effectuate the intent of this Resolution.

SECTION 5. CEQA Compliance. The City has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 6. Certification. The City Clerk shall certify the adoption of this Resolution.

SECTION 7. Effective Date. This Resolution shall become effective upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, MAYOR
63 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
64 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
65 RESOLUTION NO. OHA-____

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THAT CERTAIN FIRST AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II
MULTIFAMILY DEVELOPMENT] CONCERNING THE GRANT OF STATE

AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING

AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING
PROJECT.

WHEREAS, the City of Ontario (“City”) has received the following funds from the State of California: California 2019 Budget Act Funds in the amount of $5,000,000, and Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010; and WHEREAS, in addition, the City has collected Local In-Lieu Fees from developers in the amount of $3,119,990, and
WHEREAS, the Authority has entered into a Disposition and Development Agreement (“DDA”) with Ontario Emporia II Housing Partners, L.P. (“Developer”) dated, for reference purposes, as of April 20, 2021, setting forth the terms for the transfer of the Property (as that term is defined in the DDA) to Developer and the development of a 50- unit affordable housing development (the “Development”); and WHEREAS, the City desires to develop and support affordable rental housing, and stabilize the community through the grant of the funds described herein, and WHEREAS, pursuant to that certain City Grant Agreement [Emporia Phase II Multifamily Development] (“Agreement”), dated, for reference purposes, as of April 20, 2021, the City originally extended to the Authority financial assistance in the form of a grant from the following funding sources, and in the following original sums: California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $736,015 and the Local In-Lieu Fees in the amount of $2,263,985 (“Original Grant”); and
WHEREAS, the City desires to enter into a First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] (“First Amendment”) to amend the amount of the Original Grant; and
WHEREAS, pursuant to the First Amendment, the City desires to amend the amount of the Original Grant, and to provide the following amounts of financial assistance:

California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010 and the Local In-Lieu Fees in the amount of $3,119,990 (“Grant”); and
WHEREAS, the City desires to make the Grant in accordance with the terms and conditions set forth in the Agreement, as amended by the First Amendment, and Authority desires to receive the Grant from the City.
66 NOW, THEREFORE, BE IT RESOLVED by the Ontario Housing Authority as follows:

SECTION 1. Recitals. The above recitals are true and correct, and are incorporated into this Resolution by reference as though fully set forth herein.

SECTION 2. Approval of First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development]. The Authority hereby approves the First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] in the form on file at the Offices of the Authority.

SECTION 3. Authorization. The Authority hereby authorizes the Executive Director (with the concurrence of the Authority Counsel) to execute and deliver on behalf of the Authority the First Amendment, with such changes as may be authorized by the Authority Counsel, and such other documents and instruments as may be necessary or convenient in the furtherance of the actions authorized in this Resolution.

SECTION 4. Direction. Authority staff is hereby directed to do all that is necessary to effectuate the intent of this Resolution.

SECTION 5. CEQA Compliance. The Authority has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 6. Certification. The Authority Secretary shall certify the adoption of this Resolution.

SECTION 7. Effective Date. This Resolution shall become effective upon its adoption.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
67 APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
68 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
69 Department: Communications and Community
Relations
Prepared By: Tricia Almiron
Staff Member Presenting:

Dan Bell, Communications and Community
Relations Director
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

LEGISLATIVE PLATFORM

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve the 2022 Legislative Platform.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

There is no direct ﬁscal impact associated with the receiving and ﬁling of this report.

BACKGROUND & ANALYSIS:

Each year, Staﬀ reviews the City's Platform and makes updates based on current projects that impact the City.

The proposed 2022 Legislative Platform serves as the basis to engage in policy and legislative initiatives that will enable the City of Ontario to deliver projects and programs that meet the needs of its residents. The document also guides Staﬀ recommendations to the City Council on state and federal legislative, regulatory, and administrative matters that are anticipated to be addressed in the upcoming year.

The Staﬀ recommended changes are mostly minor, with an emphasis on removing redundancies.

The suggested updates are a result of collaboration between city departments.

Examples of 2022
priority issues are: OntarioNet, water infrastructure, goods movement improvements, parks and historical preservation.

Staﬀ anticipates a robust year in Sacramento and Washington D.C. By adopting the updated platform, Staﬀ and advocates can pursue policy and funding opportunities proactively. The City will continue to partner with public and private sector entities to support common objectives in and foster relationships within the region.

70 L E G I S L A T I V E

P L A T F O R M
CITY•OF•ONTARIO•2022
71 ABOUT ONTARIO
Founded as a Model Colony, based on innovation, planned development, community service and family values, the City of Ontario has become the economic heart of the region. The City Council is committed to maintaining Ontario's leadership role in the Inland Empire by continuing to invest in the growth and evolution of the area's economy while providing a balance of jobs, housing, and educational and recreational opportunities for our residents in a safe, well-maintained community.

Incorporated December 10, 1891, the City of Ontario covers an area of 50 miles within San Bernardino County. It is located 35 miles east of Los Angeles.

The primary objective of the Legislative Platform is to establish official City positions on clearly stated legislative issues at the start of the legislative year. The Legislative Platform is developed and maintained using the goals and objectives of the City Council, a review of legislative pri orities from Cal Cities, County of San Bernardino, Southern California Association of Governments (SCAG), and San Bernardino County Transportation Authority (SBCTA), input from City Staff, research of current law and pending legislation, as well as discuss ions with local Legislative staff and the City’s legislative advocates.

Federal and State legislative proposals and policies consistent with the Legislative Platform may be supported by the City. Those policies or proposals inconsistent with this agenda may be opposed by the City. Generally, the City will not address matters that are not pertinent to the City’s local government services . The City may take nuanced positions such as Support or Oppose “if amended” as a situation warrants but will not issue letters of concern without express City Council approval. 72 1. Local Control
a. Retain local control over all aspects of municipal land use. b. Oppose legislation seeking to reallocate revenue obtained from the Bradley- Burns Uniform Local Sales and Use Tax.
c. Oppose unfunded state mandates.
d. Oppose legislation that would eliminate the tax exemption for municipal bonds.

2. Economic Investment
a. Funding for “Smart Growth” and transit-oriented mixed-use development. b. Reinstate/reinstitute some form of practical tax increment financing. c. Funding for adaptive reuse and/or historic preservation. d. Funding for workforce development and job readiness.

3. Public Safety
a. Invest in the security of the City and public safety officers. b. Invest in training and equipment for all first responders. c. Maintain funding for disaster preparedness, prevention, recovery, and response for all-hazard threats.

4. Collaboration with other Governmental Agencies
a. Regional Homelessness Program and Mental Health epidemic. b. Regional Fire Dispatch Services to other Fire Agencies. c. Regional Wastewater & Recycled Water Services.

5. Commercial & Residential Neighborhoods
a. New funding for homelessness services and the construction of high-quality, fully serviced transitional housing facilities.
b. Support reform of SCAQMD policies to mitigate negative impacts on the local and regional economy.
c. Explore cutting-edge freight conveyance systems for on and off-airport freight movement.

6. Infrastructure
a. Investment in water, streets, sewers, parks, storm drains, and public facilities. b. Support the reduction and dependence on imported water from the State Water Project.
c. Ontario Logistics Projects/Investments.
d. Restore incremental tax funding options to cities, either as infrastructure finance districts, redevelopment agencies, or new funding programs. e. Oppose efforts to divert transportation revenues for non-transportation purposes.

7. Quality of Life
a. Increase the private match for Grade Separations.
b. Support streamlined environmental revisions that remove duplication of state and federal processes.

8. Technology
a. Support efforts to expand municipal broadband and cooperation of service delivery with the private sector, such as OntarioNet.
b. Support funding for wireless solutions and promote Smart City options and high-quality broadband services.
73 Examples of High Priority Projects __
 Goods Movement
o Interstate 10/Grove Avenue Interchange
o SR-71/SR-91 Interchange Expansion
 Safety
o Euclid Corridor Rehabilitation (Drainage)
 Sustainability
o Alternate Water Supply Program (OMUC)
 Innovation
o OntarioNet (Broadband)
 Quality of Life
o Historic Renovation of the Granada Theater
o Ontario Great Park
74 Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT

AND PAYMENT PROGRAMS FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The adoption of the proposed Resolution will allow the City to apply and receive grant funding from CalRecycle payment programs and competitive grants. The Resolution will also allow the City to continue to receive its annual appropriation of CalRecycle’s Beverage Container Recycling and Used Oil Recycling payment program funding. The City receives approximately $65,000 in combined funds annually from the State for projects and programs related to beverage container and used oil recycling efforts.

BACKGROUND & ANALYSIS:

Pursuant to Public Resources Code sections 48000 et seq., CalRecycle is authorized to administer various grant programs and distributes approximately $10 million annually to eligible cities and counties speciﬁcally for projects related to used oil recycling, beverage container recycling, and litter clean-up activities. Since Grant Cycle 2015-16, CalRecycle has required all jurisdictions to adopt a Resolution that authorizes the City to submit applications to its grants and payment programs. The City receives approximately $20,000 from the Used Oil Recycling and $45,000 from Beverage Container Recycling payment programs annually.

In January 2022, CalRecycle released a new Resolution for combined grant and payment programs.

Pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), a Resolution will satisfy CalRecycle’s requirements for the City to submit applications to CalRecycle for any and all grant and payment programs offered over the next five years from the adoption of the Resolution. 75 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATION(S)

FOR ALL CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING

AND RECOVERY (CALRECYCLE) GRANT AND PAYMENT PROGRAMS
FOR WHICH THE CITY OF ONTARIO IS ELIGIBLE.

WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program; and
NOW, THEREFORE, BE IT RESOLVED that the City of Ontario is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and
BE IT FURTHER RESOLVED that the City Manager, or his designee is hereby authorized and empowered to execute in the name of the City of Ontario all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project; and
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption through February 14, 2027 (maximum of five (5) years.) The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of February 2022. _____________________________________
PAUL S. LEON, MAYOR
76 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY
77 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
78 Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

CONSTRUCTION MANAGEMENT AND ENVIRONMENTAL ADDENDUM TO THE EIR FOR THE GREAT PARK PHASE 1 AND AMENDMENT FOR CLEAN CALIFORNIA

LOCAL GRANT APPLICATION

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The recommended construction management and environmental services for the construction of The Great Park Phase 1 is $1,478,365. If approved, appropriations of $1,478,365 in the Park Impact/Quimby Fund will be included in the FY 2021-22 Year-end Budget Update. In addition, the recommended grant management services in the not-to-exceed amount of $8,000 is included in the Gas Tax and Integrated Waste funds in the FY 2021-22 Adopted Budget.

BACKGROUND & ANALYSIS:

At the December 21, 2021 meeting, the City Council approved the conceptual “Great Park” Master Plan and the Preliminary Park Design for Phase 1. Phase 1 builds upon the framework established in the Conceptual Park Master Plan and is comprised of approximately 130 acres of land and occurs within the eastern portion of Ontario Ranch. This phase is bordered by Grand Park Street to the north, Eucalyptus Avenue to the south, Haven Avenue on the east and Archibald Avenue on the west. This portion of the park incorporates a central arroyo as drainage, meadows, ﬁelds as dual-use and various trail systems. Phase 1 core 79 park amenities proposed in the center of this phase, include a Market Alley where farmer’s markets, food trucks and community events can be organized, a community barn and farm hub, kids corral (a children’s playground), and an amphitheater along the central plaza.

On December 1, 2021, the State announced the availability of $300 million in Clean California grants and called on local communities to submit applications for projects that will clean and beautify local streets, parks, and transit centers throughout California. The grant application deadline was February 1, 2022. Due to the tight deadline, Public Works Staﬀ consulted with the City's on-call project management ﬁrm, Transtech Engineers to provide the data collection, determine local match requirements, conduct public outreach to garner input for the project, and develop a digital survey. Transtech Engineers was successfully able to draft and submit the project application to the funding agency by the deadline.
80 Department: Human Resources
Prepared By: Jeannette F Chavez
Staff Member Presenting:

Angela C. Lopez, Executive Director Human
Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 12
SUBJECT:

APPROVAL OF ONE-YEAR EXTENSION TO THE MEMORANDUM OF

UNDERSTANDING(S) ESTABLISHING COMPENSATION AND RELATED BENEFITS

FOR SPECIFIED PUBLIC SAFETY GROUPS, APPROVAL OF A TWO-YEAR

MEMORANDUM OF UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR TEAMSTERS LOCAL 1932, AMENDMENTS TO THE

COMPENSATION AND BENEFITS PROFILE FOR PART-TIME EMPLOYEES AND

EXECUTIVE MANAGEMENT IN ADDITION TO A RESOLUTION TO APPROVE SALARY

RANGES AND ARPA PREMIUM FOR THE APPOINTIVE POSITIONS OF CITY

MANAGER, FIRE CHIEF, AND POLICE CHIEF, AND AUTHORIZE THE CITY MANAGER

TO MAKE ANY NON-SUBSTANTIVE CHANGES WHICH MAY BE NECESSARY TO IMPLEMENT.

CITY OF ONTARIO
Agenda Report
February 15, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council approve a
one-year extension to the Memorandum of
Understanding(s) regarding wages, hours, and other terms and conditions of employment between the City of Ontario and the Ontario Police Oﬃcers Association and the Ontario Police Management Group from July 1, 2022 through June 30, 2023; approve, contingent upon ratiﬁcation, a two-year Memorandum of Understanding regarding wages, hours, and other terms and conditions of employment between the City of Ontario and Teamsters Local 1932 from July 1, 2021 through June 30, 2023 pursuant to actions this group will be taking on February 11, 2022; approve amendments
to the Compensation and Beneﬁts Proﬁle for Part-time Employees and the Compensation and Beneﬁts Proﬁle for Executive Management eﬀective July 1, 2021, including a Resolution to approve salary ranges and ARPA Premium for the appointive positions of City Manager, Fire Chief, and Police Chief.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated additional annual cost of the compensation changes across all funds is approximately $1,668,621 for FY 2021-22 and approximately $2,373,395
for FY 2022-23.

The estimated General Fund portion is approximately $1,379,079 for FY 2021-22 with similar proportionate impact projected for the following ﬁscal year. Appropriations for the ﬁrst year of the 81 agreement have been included in the Adopted Fiscal Year 2021-2022 Operating Budget. American Rescue Plan Act (ARPA) funds will be used for a one-time premium payment for the estimated amount of approximately $5,139,200.

BACKGROUND & ANALYSIS:

Pursuant to the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning wages, beneﬁts, and working conditions with the Ontario Police Oﬃcers Association and the Ontario Police Management Group related to the amendments and extension of their current Memorandum of Understanding scheduled to expire on June 30, 2022.

Each of these respective employee associations have agreed to a one-year extension of their current agreement from June 30, 2022 to June 30, 2023. In recognition of their current agreement, the City has agreed to the following salary terms:

Ontario Police Officers Association (OPOA)
: A 2% general salary increase effective January 2, 2022.

Ontario Police Management Group (OPMG)
: A 2 % general salary increase effective January 2, 2022.

Pursuant to the Meyers-Milias-Brown Act, the City has also met and conferred in good faith concerning wages, beneﬁts, and working conditions with Teamsters Local 1932 for a successor MOU which expired on June 30, 2021. Teamsters has agreed to a two-year agreement from July 1, 2021 to June 30, 2023, with the following salary and benefit terms:

Teamsters Local 1932
: A 2% general salary increase eﬀective July 4, 2021 and a 2% general salary increase on July 3, 2022. The proposed Memorandum of Understanding also includes cost neutral technical revisions. In particular, the deﬁnition of an FLSA work week, jury duty notiﬁcation, and other changes that do not create a cost increase in comparison to the Memorandum of Understanding previously in place.

It is also recommended that amendments be made to the current Compensation and Beneﬁts Proﬁle for Part-Time Employees similar to those in other unrepresented groups; and Executive Management Compensation and Beneﬁts Proﬁle to align with that of Conﬁdential/Specialized Conﬁdential Employees and Department Heads, adopted by the City Council on February 1, 2022, to include the following:

Compensation and Beneﬁts Proﬁle for Part-Time Employees : A 2% general salary increase eﬀective
February 27, 2022 and a 2% general salary increase on July 3, 2022, and minor technical revisions to the current Compensation and Benefits Profile that do not create a cost increase.

Compensation and Beneﬁts Proﬁle for Executive Management : Amendments include a 2% increase
to the salary range for each classiﬁcation in the Executive Management Group eﬀective July 4, 2021, and an additional 2% increase to the salary range for each classiﬁcation in the Executive Management group eﬀective July 3, 2022. In addition to, minor technical revisions to the current Compensation and Benefits Profile that do not create a cost increase Therefore, it is also recommended, for the appointive positions of Fire Chief and Police Chief, that the City Council adopt a Resolution to approve the salary ranges for these positions in accordance with Government Code Section 36506 to coincide with the percentages adopted by the City Council on February 1, 2022, for the Ontario Fire Management Group, and the Ontario Police Management 82 Group, presented herein. The proposed salary range increase includes a 2% increase eﬀective January 2, 2022, and that ongoing salary range adjustments be consistent with the negotiated Ontario Fire Management Group and Ontario Police Management Group Memorandum of Understandings.

Additionally, in accordance with Government Code Section 36506, it is recommended, for the appointive position of City Manager, that the City Council adopt a Resolution for the proposed salary range increases listed below to coincide with the Compensation and Beneﬁts Proﬁle for Executive Management. The base salary range increase are as follows:
1 .

Effective July 4, 2021, a 2% increase to the salary range; and 2 .

Effective July 3, 2022, a 2% increase to the salary range.

Furthermore, the ARPA provides federal relief funds to local agencies for certain usage including that of essential workers needed to maintain continuity of operations of essential critical infrastructure sectors, including state, local, or Tribal government workforce. In recognition of the diligent work performed by employees in these respective groups during the COVID-19 pandemic, and the essential services provided to the community, a one-time premium payment is recommended for each full-time employee in the amount of $10,000 for those assigned to the Police Department or Fire Department; and $7,500 for those assigned to all other City of Ontario Agencies. It is also recommended to include a one-time premium for part-time employees in the amount of $600 who worked a monthly average of ten (10) hours or greater from January 1, 2021 - January 28, 2022 and $300 for part-time employees who averaged, monthly, nine point nine (9.9) hours or less. The approximate total amount of the one-time premium for each group is as follows:

Ontario Police Officer Association
- $2,220,000
Ontario Police Management Group
- $460,000
Executive Management Employees
- $87,500
Part-Time Employees
- $109,200
Teamsters Local 1932
- $2,262,500
The City and identiﬁed groups recognize the importance of maintaining the City's ﬁscally conservative approach while also providing a competitive compensation and beneﬁts package to is employees. The proposed Agreements, including amendments represent a fair and equitable contract for employees and the City while ensuring that the City continues to attract and retain a highly qualified and productive workforce committed to serving our community. 83 Printed: 02/11/2022 1:01 PM
Amendment and Extension of the 2018 – 2022 Memorandum of Understanding Between the City of Ontario and
Ontario Police Officers Association

The City of Ontario (City) and the Ontario Police Officers Association (Association) agree to amend the 2018 – 2022 Memorandum of Understanding (hereinafter known as “MOU”) and extend the agreement by one additional year. The MOU is hereby amended as follows:

Compensation
Article X. Compensation

The following amends Article X by revising Section 10.01(E) and adding Section 10.01(F).

Section 10.01 Salary

E. Effective the first full pay period of January 2022, all classification s shall receive a two percent (2%) increase to the base rate of pay retroactively applied back to January 2, 2022.

F. Salary ranges for the various classifications shall be set forth in Appendix “B” attached to this MOU.

The following amends Article 10 by adding Section 10.13.

Section 10.13 American Rescue Plan Act One-Time Premium Pay

In recognition of Ontario Police Department employee’s contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees within the OPOA at the time payment (with a probability of continued employment) and employed as of January 28, 2022, shall receive a one-time lump-sum payment of $10,000.00 on or before February 25, 2022.

Term of the MOU
Article XXI. Duration and Implementation

The following amends Article XXI, Section 21.01 to amend and extend the current MOU. As well as amending Article XXI, Section 21.02 by adding (A) to address negotiations for a successor MOU.

Section 21.01

A. The parties agree to extend the current Memorandum of Understanding (MOU) to June 30, 2023. All provisions of the January 1, 2018 to June 30, 20 22 MOU shall be extended to June 30, 2023.

B. During the period in which this MOU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what was negotiated as to members of the OPOA unit, then the members of the OPOA unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in existing economic terms, and this provision only covers the overall economic value 84 Printed: 02/11/2022 1:01 PM
of the negotiated package in the 2021-2022 successor MOU negotiations for the miscellaneous groups and the 2021 -2022 negotiations for the safety groups, with all groups negotiating agreements that expire June 30, 2023.

Section 21.02

A. The City and OPOA agree to begin negotiations on a successor MOU no later than January 15, 2023.

The above stated terms and conditions super sede related section(s) in any previous MOU. All other terms and conditions in the original 2018-2022 MOU, including related Side Letter of Agreement unless otherwise referenced herein, remain the same. This amendment shall become effective immediately upon ratification of both parties.

City of Ontario Ontario Police Officers Association

Scott Ochoa, City Manager Date William Maxson, President Date

Darleen Sanchez, Assistant City
Manager
Date Eric Quinones, Vice President Date

Angela Lopez, Executive
Director Human Resources /
Risk Management
Date

85 Printed: 02/11/2022 1:09 PM
Amendment and Extension of the 2018 – 2022 Memorandum of Understanding Between the City of Ontario and
Ontario Police Management Group

The City of Ontario (City) and the Ontario Police Management Group (Group) agree to amend the 2018 – 2022 Memorandum of Understanding (hereinafter known as “MOU”) and extend the agreement by one additional year. The MOU is hereby amended as follows:

Compensation
Article X. Compensation

The following amends Article X by revising Section 10.01(E) and adding Section 10.01(F).

Section 10.01 Salary

E. Effective the first full pay period of January 2022, all classification s shall receive a two percent (2%) increase to the base rate of pay retroactively applied back to January 2, 2022.

F. Salary ranges for the various classifications in this unit shall be set forth in Appendix “A” attached to this MOU.

The following amends Article 10 by adding Section 10.11.

Section 10.11 American Rescue Plan Act One-Time Premium

In recognition of Ontario Police Department employee’s contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees within the Group at the time payment (with a probability of continued employment) and employed as of January 28, 2022, shall receive a one-time lump-sum payment of $10,000.00 on or before February 25, 2022.

Term of the MOU
Article XXI. Duration and Implementation

The following amends Article XXI, to amend and extend the current MOU.

A. The parties agree to extend the current Memorandum of Understanding (MOU) to June 30, 2023. All provisions of the January 1, 2018 to June 30, 202 1 MOU shall be extended to June 30, 2023.

B. During the period in which this MOU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what was negotiated as to members of the OPMG unit, then the members of the OPMG unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in existing economic terms, and this provision only covers the overall economic value of the negotiated package in the 2021-2022 successor MOU negotiations for the miscellaneous groups and the 2021 -2022 extension negotiations for the safety groups, with all groups negotiating agreements that expire June 30, 2023.
86 Printed: 02/11/2022 1:09 PM

C. The City and OPMG agree to begin negotiations on a successor MOU no later than January 15, 2023.

City of Ontario Ontario Police Management Group

Scott Ochoa, City Manager Date Joshua Ritchey, President Date

Darleen Sanchez, Assistant City
Manager
Date

Angela Lopez, Executive
Director Human Resources /
Risk Management
Date

87 Memorandum of
Understanding

Between

Teamsters Local 1932

And

City of Ontario

July 1, 2021

through

June 30, 2023

88 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 2 ends

Table of Contents

Administration ……………………………………………………………….....5

Parties to the Memorandum of Understanding ………………………………………5 Recognition ……………………………………………………………………………...5
City Personnel Rules ……………………………………………………………………6
Effect of MOU ……………………………………………………………………………6
Definitions ………………………………………………………………………………..6
Management Rights……………………………………………………………………..7
Employee Rights………………………………………………………………………...8

Employment Provisions……………………………………………………………....8

Probationary Period ………………………………………………………………….....8
Hours of Work …………………………………………………………………………...9
Transfers and Job Changes ………………………………………………………….10
Promotions/Appointments From Within ……………………………………………..11 Layoff Procedures ……………………………………………………………………..11

Classifications ………………………………………………………………………..12

New Classifications ……………………………………………………………………12
Higher Classification Work ……………………………………………………………12
Certifications/Licensing ……………………………………………………………….13
Classification Review ………………………………………………………………….13
Classification Review Appeal ………………………………………………………...13

Compensation ……………………………………………………………………..…14

Salary …………………………………………………………………………………...14
Salary Schedule ……………………………………………………………………….14
Overtime ………………………………………………………………………………..14
Conversion of Compensatory Time ………………………………………………….14
Standby …………………………………………………………………………………15
Call Back ……………………………………………………………………………….15
On-Call Duty ……………………………………………………………………………15
Court Appearances Compensation ………………………………………………….16
Shift Differential ………………………………………………………………………..16
Matron Duty …………………………………………………………………………….16
Training and Lead Duties Differential ………………………………………………..17 Skills and Certifications ……………………………………………………………….17
City Personnel Rules – Salary Adjustments ………………………………………..19 American Rescue Plan Act Premium Pay …………………………………………..20

Leaves – Paid and Unpaid …………………………………………………………20

Holidays ………………………………………………………………………………...20
Vacation ……………………………………………………………………………….. 21
Sick Leave ……………………………………………………………………………...22
Personal Leave ………………………………………………………………………..24
Bereavement Leave …………………………………………………………………..24
89 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 3 ends

Family Medical Leaves ………………………………………………………………..24
Catastrophic Leave ……………………………………………………………………25
Jury/Witness Duty ……………………………………………………………………..26

Benefits …………………………………………………………………………..……26

Health Insurance Contribution ……………………………………………………….26
City Contributions to Cafeteria Plan Benefits ………………………………………27 Insurance Committee …………………………………………………………………29
Retirement ……………………………………………………………………………..29
Uniforms ………………………………………………………………………………..30
Employee Assistance Program ………………………………………………………31
Employee Training …………………………………………………………………….32
Tuition Reimbursement ……………………………………………………………….32
Flexible Spending Accounts ………………………………………………………….33
Deferred Compensation ………………………………………………………………33

Disciplinary Procedure ……………………………………………………………..33

Due Process and Employee Representation ………………………………………33 Disciplinary Procedure ………………………………………………………………..33
Exceptions ……………………………………………………………………………..35
Progressive Discipline ………………………………………………………………..35

Grievance Procedure …………………………………………………..……………35

Definitions ………………………………………………………………………………35
Level I – Informal Review ……………………………………………………………..36
Level II – Formal ……………………………………………………………………….36
Level III …………………………………………………………………………………37
Level IV …………………………………………………………………………………37
Level V – Arbitration …………………………………………………………………..37
General Provisions …………………………………………………………………….38
Authority of Third Party ………………………………………………………………..39

Representation ………………………..……………………………………………...39

Union and Membership Activity ………………………………………………………39
Dues Deduction ………………………………………………………………………..41
Union Stewards ………………………………………………………………………..41
Release Time …………………………………………………………………………..41
Bulletin Boards …………………………………………………………………………42
New Employee Orientation …………………………………………………………...42

General Provisions ………………………………………………………………….42

Personnel Files ………………………………………………………………………...42
Separability …………………………………………………………………………….43
Peaceful Performance of City Services ……………………………………………..43 Duration and Implementation ………………………………………………………...43
Workplace Safety ……………………………………………………………………...44
Overpayment, Recovery and Underpayments ……………………………………..44

90 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 4 ends

Final Signatures …………………………………………………………………….46

Appendix A. Salary Grade Table

Appendix B. Grievance Form

91 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 5 ends

ADMINISTRATION
Section 1.01 Parties to the Memorandum of Understanding This Memorandum of Understanding (hereinafter known as MOU) is made and entered into by and between the City of Ontario (hereinafter known as the City) and the Teamsters Local 1932 (hereinafter known as the Union).

Section 1.02 Recognition
The City hereby formally recognizes the Teamsters Local 1932 as the Representative for those employees employed by the City and defined in Rule I, Section 26 of the Personnel Rules and Regulations, in the following classifications:

Administrative Specialist Administrative Technician Asset Forfeiture Fiscal Coordinator Assistant Curator Assistant Engineer Assistant Planner
Associate Civil Engineer Associate Engineer Associate Landscape Planner Associate Planner Building Inspector Building Plans Examiner Building Plans Specialist Business License Specialist Buyer Central Services Specialist Combination Building Inspector Community Improvement Officer Community Service Officer Continuum of Care Social Worker Crime Analyst Crime Prevention Specialist Cross-Connection Control
Specialist
Custodial Services Supervisor
Customer Services
Representative
Emergency Management
Coordinator
Engineering Aide
Engineering Assistant Engineering Assistant/GIS Environmental Technician Evidence Technician Facilities Maintenance Supervisor Fire Dispatch Supervisor Fire Dispatcher Fire Dispatcher Trainee Fire Safety Specialist Fire Safety Technician Fleet Services Coordinator Fleet Services Supervisor Forensic Field Supervisor Forensic Specialist Forensic Specialist Trainee GIS Analyst GIS Specialist Graphic and Marketing Specialist Integrated Waste Dispatcher Integrated Waste Route Specialist Integrated Waste Supervisor Irrigation Conservation Specialist Landscape Planner Librarian Library Assistant Library Clerk Management Analyst
Management Assistant Museum Curator Office Assistant
Office Specialist Parking Enforcement Officer Parks and Maintenance Supervisor Permit Technician Plan Checker Police Dispatch Supervisor Police Dispatcher Police Dispatcher Trainee Police Grants Analyst Police Records Specialist Police Records Specialist Trainee Police Records Supervisor Project Coordinator Public Works Inspector Purchasing Assistant Recreation/Community Services
Coordinator
Recreation/Community Services
Supervisor
Revenue Services Specialist
Senior Combo Building Inspector Senior Community Improvement Officer
Senior Cross-Connection Control
Specialist
Senior Environmental Technician Senior Fire Dispatcher Senior Fire Safety Specialist Senior Forensic Specialist Senior Landscape Planner Senior Librarian Senior Library Assistant Senior Library Clerk Senior Permit Technician Senior Police Dispatcher Senior Police Records Specialist Senior Public Works Inspector Senior Recreation/Community
Services Supervisor
Street Maintenance Supervisor Supervising Librarian
Supervising Library Clerk Survey Party Chief Survey Technician Utilities Customer Services
Specialist
Utilities Supervisor Water Production Operator
Water Production Supervisor Water Quality Coordinator Water Quality Specialist Water Resources Coordinator Water/Wastewater Technician

92 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 6 ends

Recognition is granted for the purpose of meeting and conferring on wages, hours, working conditions and general representation of employees defined within this section.

This MOU does not cover administrative clerical personnel or any other position which has been classified as Confidential Personnel in accordance with the Resolution on Employer -Employee Relations.

Section 1.03 City Personnel Rules
It is understood and agreed that there exists within the City, in written or unwritten form, certain personnel rules, policies, practices and benefits, generally contained in the "City of Ontario Personnel Rules and Regulations" and the “Employment Policies” in the City’s Online Policy Center, which shall continue in effect, except for those provisions modified by this MOU, unless and until modified in accordance with state laws, orders, regulations, official instructions or policies.

Section 1.04 Effect of MOU
The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU.

This MOU supersedes all previous agreements, understandings, and prior practices related to matters included within this MOU.

Section 1.05 Definitions
Bargaining Unit
The employees defined in Section 1.02, Recognition.

Calendar Day
A 24-hour day beginning at 12:00 midnight and ending the following 12:00 midnight.

Calendar Year

The period of 12 consecutive months commencing on January 1 st and ending on December 31st.

Fiscal Year
The period of 12 consecutive months commencing on July 1st and ending on June 30th.

Emergency
A circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.
93 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 7 ends

Employee

1. Regular Status Employee - An employee in a full-time, regular position who has completed the probationary period.

2. Probationary Employee - An employee in a full -time, regular position who has not completed the probationary period.

Week
Seven consecutive calendar days beginning on Sunday and continuing through Saturday.

Working Day
A daily work period an employee is regularly scheduled to work each day. For example, an employee working a 5/8 schedule would have an eight -hour working day; an employee working a 9/80 schedule would generally have eight 9 -hour working days, one 8-hour working day, and one flex day in a two week period; and an employee on a 4/10 work schedule would have a ten -hour working day ; an employee working a 11½-hour schedule would generally have six 11½-hour working days and one 11-hour working day in a two week period.

FLSA Workweek
The workweek for all schedules shall begin on Sunday and end on Saturday. The City may adjust the work week definition for alternative work schedules and designate a fixed beginning and end time based on the employee’s regularly assigned work schedule in compliance with the Fair Labor Standards Act. The most common example of an alternative work schedule, not using the Sunday through Saturday workweek is a 9/80 schedule, four (4), n ine-hour days per workweek and one alternating eight -hour day (flex day worked)/regular day off (flex day off) .

Employees assigned a 9/80 schedule have a FLSA workweek designated as beginning four (4) hours into their alternating regular day off or eight-hour day.

Official Personnel File
The term “official personnel file” as used in the Agreement refers to the file maintained by the City Human Resources Department which contains personnel records concerning an employee.

Section 1.06 Management Rights
There are no provisions in the MOU that shall be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this MOU unless and only to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority.

The rights of the City include, but are not limited to:

1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.

2. Set standards of service.

3. Determine the procedure and standards of selection for employment and promotion.
94 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 8 ends

4. Direct its employees.

5. Relieve its employees from duty because of lack of work, or for other legitimate reasons.

6. Maintain efficiency of government operations.

7. Determine the methods, means and personnel by which government operations are to be conducted.

8. Determine the content of job classifications.

9. Take all necessary actions to carry out its mission in emergencies.

10. Exercise complete control and discretion over its organization and the technology of performing its work.

11. Discharge, suspend, demote, reprimand, and withhold salary increases and benefits, or otherwise discipline employees for cause.

12. Establish reasonable employee performance standards, including, but not limited to, quality and quantity standards, and require compliance herewith.

Where required by law, the City agrees, prior to implementation, to meet and confer with the Union to discuss the impact of the exercise of a City right upon wages and hours and other terms and conditions of employment of bargaining unit members unless the impact consequences of the exercise of a management right upon the bargaining unit members are provided for in this MOU, Personn el Rules and Regulations or Departmental Rules and Regulations.

Section 1.07 Employee Rights
The City shall afford regular employees the procedural due process safeguards as set out in the published decisions of the California courts.

An employee shall have right of Union representation when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

The employer shall tell the employee and the Union Business agent representing the said employee being investigated prior to any administrative investigative interview, the reason said employee is being investigated.

EMPLOYMENT PROVISIONS
Section 2.01 Probationary Period
Objective
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing an employee's work and adjustment within the organization. During the probationary period, the City shall coach and provide direction to the employee to assess the employee’s adaptability to the City’s work 95 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 9 ends

environment and if they are fully qualified for employment in the classification. Upon extension of a probationary period the City will continue to provide direction to the employee in an effort to assist the employee in meeting the probationary requirements.

Length

1. An original appointment is defined as an appointment of a new hire, rehire, or temporary/part-time employee being appointed to a regular position. All original appointments to the Police Dispatcher Trainee classification shall be subject to a probationary period of 18 months. All other original appointments shall be subject to a probationary period of 12 months.

2. A promotional appointment is defined as the appointme nt of a current full -time employee who is promoted into another full -time position. Promotional appointments into the classifications of Fire Dispatch Supervisor, Senior Fire Dispatcher, Fire Dispatcher, Fire Dispatcher Trainee, Police Dispatch Supervisor, Senior Police Dispatcher, and Police Dispatcher, shall be subject to a probationary period of 12 months. A promotional appointment into the Police Dispatcher Trainee classification shall be subject to a probationary period of 18 months. All other promotional appointments for employees who have attained regular status in a prior classification shall be subject to a probationary period of 6 months. Promotional appointments for employees who have not attained regular status in a prior classification shall be subject to a probationary period of 12 months. Time served during a temporary promotion does not count toward the probationary period in the higher classification.

3. If a probationary employee is on leave for more than 30 consecutive calendar days during the probationary period, that employee’s probationary period shall be extended by the duration of the emplo yee’s consecutive leave. The Department Head may also extend an employee’s probation by up to a total of six months upon written notice delivered to the employee prior to the completion of their probationary period.

Probationary Release
During the probati onary period, an employee may be terminated by the Department Head without cause and without right of appeal. Notification shall be in writing to the employee and may be given without advance notice.

An employee who is released while serving a probationary period after promotion shall be returned to their previous classification provided the employee had regular status in that classification.

Section 2.02 Hours of Work

A. Mealtime

Employees with the exception of those indicated below, assigned to work the forty (40) hour work week schedule shall be entitled to one (1) mealtime for eight (8) or more consecutive hours worked.

All mealtime taken is considered non -work time and to be without pay. The schedule for meal breaks shall be determined by management, taking into consideration the 96 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 10 ends

continuity of services provided to the public, and the convenience of the employee.

In no case will meal breaks be permitted to exceed one (1) hour, or can they be taken at the beginning or end of a work schedule.

Community Service Officers will be provided a paid meal period and may be recalled during their meal period due to a work emergency.

B. Breaks - Rest Periods

Employees assigned to the forty (40) hour work week schedule may receive two (2) break-rest periods for each eight (8) hour day actually worked, and a break-rest period of fifteen (15) minutes for each four (4) consecutive hours of overtime worked. Break- rest periods are a benefit and not a right, and time must be earned as any other benefit and is computed at the rate of fifteen (15) minutes per four (4) hours worked, or major fraction thereof. The procedures to be followed in providing rest periods, sometimes referred to as "coffee breaks" shall include the following:

1. Rest periods are scheduled or rescheduled by management as job requirements dictate.

2. The rest period shall consist of fifteen (15) minutes cessation of work and will include time involved in going to and coming from a rest area.

3. Rest periods are not accumulative and shall not be added to any lunch hours, vacation, or any other form of authorized absence from work.

Section 2.03 Transfers and Job Changes
A transfer is the movement of an individual from one department to another while remaining in the same classification with similar duties and responsibilities. A transfer may be initiated at any time by the City Manager upon the recommendations of the Department Heads concerned, or to meet the service needs of the department. All transfers must be within comparable classes, and no person shall be transferred to a position for which the employee does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction. If the employee being transferred has attained regular status in their classification, a new probationary period shall not be required. If a probationary employ ee is being transferred, the employee will be required to complete the probationary period based on the original end- of-probation date.

Vacant positions within a classification may be filled by transfers on the basis of seniority by other employees within that classification provided that such a transfer shall not be detrimental to the mission of that department. In the event an employee requests a transfer and such transfer is not approved, the employee and the affected employee’s organization shall be notified of the reason therefore in writing within 10 working days.

A job change is an employee’s voluntary movement into another classification at the same salary range or within 1%. A downward movement to a salary range within 1% will not be considered a demotion as defined in the Personnel Rules and Regulations. A job change may be affected at any time by the City Manager upon request of the employee and recommendations of the Department Heads concerned or to meet the needs of City service.

An employee changing jobs must possess the minimum qualifications for the new classification. The probationary period requirement and return rights for job changes shall 97 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 11 ends

be the same as for promotions.

Section 2.04 Promotions/Appointments From Within
The City shall consider offering vacant positions on a promotional basis to employees who meet the minimum requirements of the vacant positions.

Section 2.05 Layoff Procedures
The City Manager may layoff regular and probationary employee(s), at any time for lack of work or other changes that have taken place. The City shall provide the Union with 30-day notice to begin employee impact discussions. The employee(s) will be given two weeks’ notice before such a layoff is to take pla ce. The City shall meet and consult with the concerned employee organization on such matters as the timing of the layoff and the number and identity of the employee (s) affected by the layoff during the two -week period prior to the proper layoff action.

A demotion or transfer to another department with the City Manager’s approval may be made to prevent a layoff provided the employee is qualified by education and/or experience and is capable of performing the duties of the classification.

In the event of a layoff, those employees with the least service in the classification affected shall be laid off first and be placed on a “Recall List” and shall be eligible for recall for one year from the date of placement on the list; if a recall begins, the most senior e mployees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur of which the concerned employee organization shall be fully apprised in advance. The order of layoff shall be:

1. Temporary employees in the affected classification shall be removed first.

2. Probationary employees in the affected classification shall be removed next.

3. Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and retaining employees in the classification, department, or section who have the ability to perform the work available.

The employee scheduled to be laid off shall be entitled to displace to a position in a classification occupied by an employee with less overall City (displacement seniority) seniority provided it is in a position in which the employee formerly held a regular appointment, and is qualified by education and/or experience, and is capable of performing the duties of the classification. The employee with the least displacement seniority shall be displaced by the employee scheduled for layoff. The employee displaced shall be considered as laid off for the same reason as the employee who displaced them, and shall in the same m anner, be eligible to displace to a position in a classification in which the employee formerly held a regular appointment and is qualified by education and/or experience, and is capable of performing the duties of the classification.

Failure to return to work from layoff within 15 calendar days after notice to return by certified or registered mail to the employee at their last known address on file with the City Human Resources Office or by personal delivery shall constitute the employee's waiver to return to work and eliminates any future re -employment responsibilities placed on the City. The employee will also be notified by personal email if such has been provided to the City. 98 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 12 ends

CLASSIFICATIONS
Section 3.01 New Classifications
The City agrees to meet and confer with the Union on any new classification approved, which appropriately should be added to the unit covered by this MOU.

Section 3.02 Higher Classification Work
Any employee who temporarily performs the duties of a position in a higher classification for 80 consecutive hours shall continue to receive their base rate of pay. The Department Head or designee shall determine and specifically assign, in writing, an employee to perform all of the significant duties of the higher classification which is vacant due to sick leave, injury leave, vacation, separation or another circumstance as pre -approved by the Human Resources Agency. Any subsequent work (81 consecutive hours or greater) performed by the employee in the higher clas sification shall entitle the employee to be paid at the base rate of pay for that classification , consistent with Section C below, while performing such duties with two exceptions:

1. If more than 12 months has elapsed since the employee has last performed th e work of the higher classification, the supervisor may require a performance test, not to exceed a normal working day at the employee's base rate of pay.

2. In the instances where new equipment or new operational procedures are involved, the supervisor may r equire a training period not to exceed 16 hours at the employee's base rate of pay.

In those instances where training is not involved, and if, in the supervisor's opinion, an employee is proficient in the higher classification, management has the authority to pay that employee at a higher classification pay rate prior to 80 consecutive hours as pre-approved by the Human Resources Agency
The higher salary rate payable shall commence on the 81st working hour following the temporary reassignment to the performance of duties of the higher classification. The higher rate of pay shall be defined as a five percent increase in pay or step one of the higher classification, whichever is greater.

Employees temporarily assigned to perform duties of the higher classification must meet the minimum qualifications of the higher classification and must be capable of handling major duties of the higher classification without any more supervision then another would in the same job.

This assignment shall continue until the City no longer requires the employee to perform the duties of such assignment, to the extent legally permissible, pursuant to Government Code Section 20480.

At the end of such assignment the employee performing the temporary assignment shall be returned to their original position and salary range.
99 Teamsters Local 1932 7/1/2021– 6/30/2023

Page 13 ends

Nothing contained herein shall apply to an employee who is being trained by the City to qualify for a higher classification.

Section 3.03 Certifications/Licensing
When the City determines that a reclassification of a position requires an employee to obtain a specialized license or certificate, or if such a requirement is established for the position by a federal or state agency and/or county or special district during an employee's employment in the position, the City agrees to assume the cost for such certification or license. The City may pay directly or reimburse the employee if the e mployee presents proof of payment. This provision shall not apply if the classification is identified as part of the City's Educational Incentive Program as outlined in Article XV of the City's Personnel Rules and Regulations.

Section 3.04 Classification Review
The City commits to review and develop job descriptions for all classifications without a job description in the bargaining unit within 12 months of ratification of this agreement by the parties.

Employee(s) may request a classification review of their position. Such request shall be forwarded through the line of supervision to the Human Resources Director.

Employee(s) shall not submit a subsequent request prior to 18 months after completion of any previous classification review unless the employe e's position has undergone a considerable change in duties and responsibilities.

Employee(s) shall be notified in writing by the Human Resources Director of the classification review decision within 120 day of the receipt of the request.

Section 3.05 Classification Review Appeal
An employee may appeal the decision of a classification review no later than 10 working days after such results have been provided to the employee. Such an appeal shall be filed with the Human Resources Department. Such an appeal shall include a detailed statement by the employee indicating their reasons for disagreement with the classifica tion review decision.

An authorized representative from the Human Resources Department shall hold a meeting with the employee no later than 14 working days after the classification review appeal filing.

The authorized representative shall not be the same person who conducted the initial classification review. This individual shall respond in writing to the employee no later than 21 working days after the meeting with the employee.

If the employee is not satisfied with the decision from Human Resources the employee may appeal the decision to the City Manager within 10 working days from Human Resource's response. The City Manager shall revi ew and respond in writing to the appeal within 10 working days of such appeal. The City Manager's response shall be final.

Provisions within this section shall not be subject to the grievance procedures of this MOU. 100
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 14 ends

COMPENSATION
Section 4.01 Salary

A. Effective July 4, 2021, employees within the unit will receive a 2% increase in base salary.

B. Effective July 3, 2022, employees within the unit will receive a 2% increase in base salary.

Section 4.02 Salary Schedule

Wages for the various classifications are set forth in Appendix “A.” Section 4.03 Overtime
The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal empl oyment. The City further reserves the right to determine appropriate classification for overtime assignment, and those qualified for assignment, and the ability to utilize employees within appropriate classifications from departments other than that requiring the overtime.

Overtime shall be paid for over 40 hours in any one week or over the employee’s regularly scheduled hours within the day at the rate of one and one-half (1½) times the normal hourly rate. Those employees eligible to receive overtime compensation may receive pay or may elect to receive compensatory time off at a rate equivalent to overtime pay. If required by the terms of a grant, overtime must be compensated as pay.

Every effort shall be made to allow the compensatory time to be utilized in conjunction with the employee's regularly scheduled days off.

Working overtime shall require prior authorization or approval. In emergency situations that necessitate working overtime, the employee must n otify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred.

Section 4.04 Conversion of Compensatory Time
All compensatory time shall be recorded in the employee's compensatory time bank.

All employees may retain a balance of all unused compensatory time not to exceed 240 hours at any given time, except for Fire Dispatch Supervisors, Senior Fire Dispatchers, Fire Dispatchers, Fire Dispatcher Trainees, Police Dispatch Supervisors, Senior Police Dispatchers, Police Dispatchers and Police Dispatcher Trainees who may retain up to 480 hours.

Upon separation from the City, the employee shall be paid for any unused compensatory time.

Employees may also convert accrued compensatory time to salary as provided for in Section

5.02(C).
101
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 15 ends

When an employee has accumulated the maximum allowable hours of compensatory time for their classification, no further compensatory time shall be accumulated , and the employee shall only be eligible for overtime pay in accordance with this MOU.

Section 4.05 Standby
Standby for Court Appearance

1. Employees required to be on standby while off duty for City-related possible court appearances, but not requiring actual court appearances, shall be entitled to accrue four hours of straight compensatory time except as modified by Item 4.05(A)(2) below.

2. If the employee, on morning court session standby, is not excused and is notified of a requirement for afternoon court session standby, the employee shall be entitled to an additional four hours of compensatory time for the afternoon session except as modified by Item 4.05(A)(3) below.

3. If an employee has been on standby and subsequently is required to appear in court, the employee shall be entitled to receive only the pay for court appearance as provided under current policy for court appearance.

Standby for Water Production Operator

1. Employees in the Water Production Operator classification shall be assigned to be in a stand-by rotation on a continuous basis. Employees in the Water Production Operator classification shall not receive additional stand-by compensation.

2. Employees shall receive compensation as provided for in Section 4.06 Call Back.

Section 4.06 Call Back
Any employee, except for an employee in the Forensic Specialist series assigned to on-call duty pursuant to Section 4.07, who is called back to work outside of their regular working hours, shall be compensated for time as follows:

1. When required to respond without physically returning to wor k, an employee shall be paid for actual time worked.

2. When required to physically return to work, an employee shall be guaranteed a minimum of two hours pay at time and one-half the employee’s regular hourly rate.

Section 4.07 On-Call Duty
Unit employees in the classifications of Forensic Specialist Supervisor, Lead Forensic Specialist, Forensic Specialist, and Forensic Specialist Trainee shall be eligible to receive compensatory time as compensation for on -call duty. Employees who are assigned to be on-call for a seven consecutive calendar day period shall receive 16 hours of compensatory time for each week of such duty, at straight time.

The Department Head shall determine i f a Fire Dispatcher or Senior Fire Dispatcher and Police Dispatcher or Senior Police Dispatcher has sufficient knowledge to perform the on - call duties and is eligible to participate in the on-call program provided they are qualified to do so.
102
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 16 ends

Employees on-call are required to respond to call -outs within a reasonable period of time, depending on the nature of any particular call-out problem. In order to assure a reasonable response time, employees on -call are required to either carry a City -provided "beeper" or leave word with the Police Department Watch Commander where they can be reached by telephone when not at their place of residence. An employee on-call may exchange on-call duties with another employee receiving on-call pay, subject to the approval of the immediate supervisor.

The Department Head shall establish a seniority -based list of all employees qualified to perform on-call duty. Each employee on the list shall have the opportunity to accept or decline on-call duty. In the event the senior employee at the top of the list declines the on- call duty, their names shall be placed at the bottom of the list and the next senior employee shall be given the opportunity to accept or decline the assignment. This process shall be repeated until one individual per assignment has accepted the assignment for that rotation.

In the event no employee on the list accepts the assignment, the Department head, or authorized representative, may appoint employees from the list in order of the least senior employee first.

The employees selected to serve on -call duty through the process set forth above shall continue in their assignment for a period not to exceed six consecutive months unless such employees are reselected utilizing the procedures set forth above.

Section 4.08 Court Appearances Compensation
Employees who are required to appear in court on behalf of the City during off-duty time shall be reimbursed for the actual time in court starting from the time they are scheduled to appear in court at the rate of time and one-half. The employee shall receive a minimum of two hours at the rate of time and one-half for a morning appearance and two hours at the rate of time and one-half for an afternoon appearance.

Section 4.09 Shift Differential
The City shall pay a shift differential of $1.00 per hour for all hours worked by an employee when a majority of their regularly scheduled shift hours occur before 7:00 A.M. or after 5:30 P.M.

Employees who are entitled to shift differential pursuant to Section 4.09(A) shall receive shift differential for any overtime worked, regardless of the hours of the day the overtime is worked.

Employees who are not entitled to shift differential pursuant to Section 4.09(A) shall not receive shift differential for any overtime worked, regardless of the hours of the day the overtime is worked.

Shift differential shall be paid for compensatory time used for those employees eligible to receive shift differential. Shift differential shall not be paid on other leave time, including but not limited to vacation, sick, holiday, jury duty, or military leave. Shift differential shall not be paid on leave cashed out.

Section 4.10 Matron Duty
Unit employees in the classification of Senior Police Records Specialist, Police Records Specialist and Police Records Specialist Trainee assigned by the Police Chief to perform Matron Duty shall receive an additional 1½% of the employee's base salary. The Police Department shall make such assignment in writing.
103
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 17 ends

Section 4.11 Training and Lead Duties Differential
Employees classified as Fire Dispatcher or Senior Fire Dispatcher and Police Dispatcher or Senior Police Dispatcher and Police Records Specialist, shall receive an additional five percent of their base salary, when assigned training duties or lead duties by their respective Department.

The Department shall make such assignment in writing.

Section 4.12 Skills and Certifications
Bi-Lingual

1. Employees assigned by the Department Head to perform bilingual translation as part of their regular duties, shall be entitled to bilingual differential pay. The Department shall make such assignment in writing. Such differential shall apply regardless of the total time required for such translation . Employees in such positions must be certified as competent in translation skills by the Human Resources Department to be eligible for compensation.

2. Employees eligible for bilingual pay shall receive $100 per pay period.

Notary
Employees assigned by the Department Head to perform notary duties as part of their regular duties shall receive additional compensation. Each full -time unit employee who meets the eligibility requirements and is designated by the applicable Department Head and Human Resources Department to receive notary pay shall be compensated at the rate of $25 per pay period.

Unit employees receiving notary pay shall also maintain their commission from the California Secretary of State. The City shall also pay for the cost of necessary stamps, journals, supplies, and fees associated with State and/or County requirements, as applicable.

Combination Building Inspector Classification
Effective July 11, 2004, the City converted from the Uniform Building Code (UBC) certification program to the International Code Council (ICC) program. In accordance with the ICC Legacy Certification Program, the City will recognize the following UBC certifications as equivalent to the ICC certifications.

UBC Certification ICC Certification
Combination Building Inspector Combination Inspector
Combination Dwelling Inspector Residential Combination Inspector Building Inspector Building Inspector
Electrical Inspector Electrical Inspector
Mechanical Inspector Mechanical Inspector
Plumbing Inspector Plumbing Inspector
Building Plan Examiner Building Plans Examiner

2. The new ICC certification requirements below only apply to new employees hired on or after July 11, 2004.

The certification requirements for specified Building Inspector classifications 104
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 18 ends

are defined as follows:

a. Combination Building Inspector – 2 certifications
Residential Building Inspector (RBI) and
Commercial Building Inspector (CBI)

b. Senior Combination Building Inspector – 6 certifications RBI and CBI plus any 4 of the following:

Residential Electrical Inspector
Residential Mechanical Inspector
Residential Plumbing Inspector
Commercial Electrical Inspector
Commercial Mechanical Inspector
Commercial Plumbing Inspector

3. Employees in the Combination Building Inspector classification will be promoted to the Senior Combination Building Inspector classification upon attainment of required ICC certifications defined in 4.12(C)(2). The employee must provide proof of the required ICC or UCB equivalent certifications prior to promotion.

4. The City will continue to provide for job-related training such as CALBO and other code administration courses, subject to approval of management as described in Article 6.07 Employee Training.

5. Upon expiration of the employee’s UBC certifications, employee s will be required to recertify under the ICC program requirements.

6. The City and Teamsters Local 1932 agree to delete City of Ontario Personnel Rules and Regulations Rule XV, Section 4.A.8.
a) A 2.5 percent of base pay salary increase will be provided to employees in the following classifications who hold a valid UB C or ICC Residential Building Inspector certification:

Code Enforcement Officer
Senior Code Enforcement Officer
Supervising Code Enforcement Officer
b) A 7.5 percent of base pay salary increase will be provided to employees in the Senior Combination Building Inspector and Senior Combination Building Inspector/Plan Checker classifications who hold a valid ICC Combination Inspector certification or the UBC equivalent. c) A 2.5 percent of base pay salary increase will be provided to employees in the classifications of Senior Combination Building Inspector for each of the following ICC or UBC equivalent certifications: Building Plans Examiner, Electrical Plans Examiner, Mechanical Plans Examiner , and Plumbing Plans Examiner. The maximum total increase for the plans examiner certifications will not exceed 10 percent of base salary. d) Any employee formerly in the Senior Building Inspector (currently Senior Combination Building Inspector) classification receiving the 2.5% incentive described in City of Ontario Personnel Rules and Regulations Rule XV, 105
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 19 ends

Section 4.A.8 as of July 11, 2004 and who does not qualify for the 7.5% ICC Combination Inspector certification incentive described in Section

4.12(C)(6)(b) will continue to receive the 2.5% incentive for the duration of their employment in the Senior Combination Building Inspector classification. This provision will only apply to employees in the Senior Combination Building Inspector classification as of July 11, 2004 and not to any newly hired or newly promoted employee.

Forensic Certification Pay
Forensic Specialist/Trainee, Senior Forensic Specialist and Forensic Field Supervisor shall receive additional salary compensation of 2.5% of base pay for possession of a Latent Print or Crime Scene I, II, or III certificate from the International Association of Identification (IAI) . Eligible employees can receive a maximum of 2.5% additional compensation regardless of the number of certifications they poss ess. Eligible employees shall be responsible for all costs and time associated with the educational or training requirements to obtain such certificates and shall submit proof of certificate of completion within 90 days from completion. The additional comp ensation shall be effective the beginning of the following pay period in which the certificate of completion is received by the Police Department’s designated timekeeper.

Section 4.13 City Personnel Rules – Salary Adjustments Merit increases are administe red in accordance with the City Personnel Rule XI, as repeated below.

Section 1. Application of Rates

Employees occupying a position in the City service shall be paid at the rate established for their position. All original appointments shall be made at the minimum wage for the position, except when in the opinion of the City Manager circumstances warrant appointment at a higher step.

Section 2. Anniversary Date

Each employee's anniversary date will coincide with their appointment to a new position in a different classification. All employees will retain their current anniversary dates until appointed to a new classification provided, however, that no employee shall receive more than one merit increase within any six month period. Any employee who is wi thin ninety (90) days of achieving a merit raise at the time of promotion shall be entitled to an increase for the promotion and an increase for the merit step. All future increases while in that classification shall be in accordance with Section 3 below. The date of appointment shall be used to compute vacation, sick leave, and retirement benefits.

The anniversary date of employees who take a leave of absence without pay for more than sixty (60) continuous calendar days will be extended by the length of t he absence from work over sixty (60) days adjusted to the start of the nearest pay period.

Section 3. Advancements

The advancement of an employee is not automatic, but the result of increased service value to the City. Service value shall be determined by recommendation of the Department Head, length of service, personal performance record, special training, and any ot her evidence that illustrates the desire of the employee to do a better job.

The five levels of advancement for each full -time and part -time position are granted according to the conditions outlined in Section 1 and 2 and the preceding paragraph. The 106
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 20 ends

merit increase effective date is the closest payroll period to the employee’s anniversary date.

Step 1 - Entrance Level
Step 2 - After six months service
Step 3 - After one year at Step 2
Step 4 - After one year at Step 3
Step 5 - After one year at Step 4

Section 4.14 American Rescue Plan Act Premium Pay
The American Rescue Plan Act (ARPA) provided federal relief funds to local government agencies for certain uses. Among those uses include premium pay for employees who perform essential work during the COVID-19 pandemic. In recognition of Ontario employees’ contributions and their continued diligence in providing essential services through the COVID -19 pandemic, active employees (with a probability of continued employment) as of January 28, 2022 will receive a one-time lump-sum payment as follows:

The ARPA Premium Payment is not pensionable and is taxed in accordance with IRS regulations.

The ARPA Premium Payment will be issued in a separate paper check on or before February 25, 2022.

LEAVES – PAID AND UNPAID
Section 5.01 Holidays
The following paid holidays, except as provided in provision 5.01 (B) below, shall be observed on the day specified.

New Year's Day January 1st
Martin Luther King's Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Day Day after the 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
Assigned Agency
(as of January 28, 2022)
American Rescue Plan Act
Payment Amount
Ontario Fire Department; Ontario
Police Department $10,000
All other Agencies $7,500
107
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 21 ends

New Year's Eve December 31st
For non-shift employees, any holiday listed in provision 5.01(A) which falls on Sunday shall be observed on the following Monday.

Any holiday which falls on an employee’s regular day off shall be compensated either as straight compensatory time or pay at the employee’s option . The employee shall receive straight com pensatory time or pay equal to their workday, not to exceed 10 hours per holiday, as follows:

1. Employees on an 8 -hour per day work schedule shall receive 8 hours of compensation.

2. Employees on a 4/10 work schedule shall receive 10 hours of compensation.

3. Employees on an 11.5 hour schedule shall receive 10 hours of compensation.

4. Employees on a 9/80 work schedule shall receive compensation in accordance with their scheduled work day, as follows:
a) Employees shall receive the number of hours they were scheduled to work the day the holiday is observed (e.g. 9 or 8 hours).
b) If the holiday falls on the employee’s regularly scheduled or “flex” day off, the employee shall receive 9 hours of compensation.

Employees shall not be eligible for holiday pay for any pay period for which the employee either:

1. has an unapproved leave of absence during the pay period, or

2. is on a leave of absence without pay for the entire pay period.

Any employee who is required to work on a holiday shall receive 1½ times the normal hourly rate.

The parties agree that at the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Years. During this time, employees shall use applicable accrued time to cover the period of closure.

Section 5.02 Vacation
Vacation Accrual Rates

1. Beginning with their date of hire, employees shall accrue vacation hours evenly over 26 pay periods each year as follows:

YEARS OF

SERVICE HOURS/YEAR
0 - 1 80
2 88
3 96
108
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 22 ends

4 104
5 112
6 120
7 128
8 136
9 144
10 - 11 152
12 160
13 168
14 176
15 & More 184

2. Vacation shall be accrued based on paid hours on a pro-rated basis. For example, if an employee is paid for 40 hours in an 80 -hour pay period, the employee shall earn one -half of the normal accrual. Paid hours include regular work time, compensatory, holiday, vacation, bereavement, sick, personal, jury duty, military, and disciplinary leaves. It excludes amounts paid by any disability benefits, including short-term disability and workers’ compensation.

Maximum Vacation Accrual
The maximum vacation accrual balance shall be 500 hours. Once the employee has a vacation accrual balance of 500 hours, no vacation hours will be accrued until the balance drops below 500 hours.

Vacation and Compensatory Time Conversion to Salary

1. Unit employees may convert a minimum of 8 hours and a maximum of 200 hours of vacation and/or compensatory time each calendar year . Employees will have two conversion request opportunities each calendar year as specified in S ection

5.02(C)(2). The total number of hours converted per calendar year shall not exceed 200. Such conversion shall be at the unit employee’s base rate of pay that is in effect at the time of such conversion. Employees cannot convert balances below 40 vacation hours.

2. Conversion requests shall be submitted on City forms to Payroll. The deadlines for conversion requests are as follows:

Request Due Date Payment
2nd Friday in May 1st payday in June
2nd Friday in November 1st payday in December
Section 5.03 Sick Leave
Employees are entitled to sick leave for:

1. Any bona fide illness or injury

2. Quarantine due to exposure to contagious disease.
109
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 23 ends

3. Any treatment or examination including, but not limited to, medical, dental, or ocular.

4. Death in the immediate family.

5. Sickness of immediate family as provided for in Section 5.03(B).

6. Resolution of issues related to the employee being a victim of domestic violence, sexual assault, or stalking.

Employees may use up to 48 hours of sick leave per calendar year for sickness within the employee’s immediate family in accordance with California Labor Code Section 233 (KinCare).

1. Immediate family for this provision shall be consisted with the definition of “family member” in California labor code section 245.5 (4)(c). This definition includes the following relationships relative to the employee: child, including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partn er, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling.

2. If applicable, leave taken pursuant to this provision will be counted concurrently with other family leaves.

3. Employees must inform their supervisor when requesting the leave that the leave is being taken pursuant to this provision (“KinCare” leave).

4. This provision may be changed if any changes are made to Labor Code Section 233.

Employees are not entitled to sick leave for illness or injury arising out of employment, other than employment for the City, for monetary gain or other compensations, or by reason of engaging in business or activity for monetary gain or other compensation.

Employees accrue sick leave at the rate of 96 hours per calendar year accrued evenly over 26 pay periods on a pro-rated basis based on paid hours as defined in Section 5.02(A)(2).

There shall be no limit on the amount of sick leave that may be accrued by an employee.

Sick Leave shall not be taken as vacation or compensated for in money at any time.

When an employee has been on sick leave, the City reserves the right to make any investigation of the illness it deems necessary, even to the requiring of a doctor's certificate. On the first day of illness, the employee must notify the department before the end of the first hour after the shift begins if the employee is to receive sick leave credit.

All determinations of sick leave shall be made by the Department Head concerned, subject to the approval of the Human Resources Director.
110
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 24 ends

Section 5.04 Personal Leave
Employees may use any compensatory time they have accrued, but no more than three working days of sick leave per calendar year, as paid personal leave, provided an emergency or other urgent and justifiable cause is presented at the time the request is made for:

Bereavement leave for other than members of the employee's immediate family (immediate family is defined in Section 5.05(A) below); Court appearances when required to be present;
Any other personal need requiring a leave during working hours when approved by the Department Head or their authorized representative.

Employees must provide no less than two days written notice. Failure to provide such notice shall result in such leave to be taken without pay. The supervisor shall waive the two -day notice required provided the employee can demonstrate an urgent and justifiable reason for not providing the required notice.

Personal leave shall be charged against any unused sick leave, vacation, or compensatory time the employee has accumulated provided there is no conflict with the conditions outlined above. Additional leave may be authorized by the City Manager from any leave accrued, or without pay.

Section 5.05 Bereavement Leave
In the event of a death in an employee's immediate family, the employee shall be granted three working days paid bereavement leave (or five working days if death is outside the State boundaries or in excess of 250 miles from the employee's home). Immediate family for this provision shall be consisted with the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation unless stipulated by law. This definition includes the following relationships relative to the employee: child, including biologic al, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child (i.e. parent, stepparent, mother -in- law, father-in-law); spouse; registered domestic partner; grandparent; grandchild; sibling.

Such bereavement leave shall not be charged against the e mployee's sick leave, vacation or accrued compensatory time.

Employees shall be granted one working day paid personal leave to attend the funeral of an aunt, uncle, cousin, niece or nephew.

Employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.

Employees may be required to furnish evidence satisfactory to the City of the family member's death and the employee's relationship to the deceased family member.

Section 5.06 Family Medical Leaves
Family Leave shall be granted in accordance with the California Family Rights Act (CFRA) of 1991 and the Family and Medical Leave Act (FMLA) of 1993, and any modified provisions 111
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 25 ends

and interpreted regulations for those respective statutes. For information concerning FMLA or CFRA, contact the Human Resources Department.

Maternity, Paternity and Family Medical Care Leave of up to 12 weeks shall be granted in accordance with FMLA and CFRA statutes.

Employees may utilize up to six weeks of accrued sick leave for leave of absences for care of family members that fall under the provisions of the FMLA and CFRA. This sick leave shall be used prior to the unpaid provisions of FMLA or CFRA. Both paid and unpaid time during an approved FMLA/CFRA leave of absence shall run concurrently with FMLA/CFRA leave..

Employees are required to use up to 80 hours per pay period of all eligible leave accruals, or the number of hours for full integration if integrati ng with disability programs, up to 80 hours per pay period. Empl oyees are not permitted to take time off without pay if eligible leave accruals are available. Eligible leave accruals include, but are not limited to, vacation and compensatory time for any purpose, and sick leave accruals if used for qualified medical, bereavement, or personal reasons as defined in this Article.

Section 5.07 Catastrophic Leave
The City agrees to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on an approved leave of absenc e due to a verifiable illness or injury, caused by either physical or mental impairment.

The City also agrees to permit employees to contribute a portion of their accrued vacation and/or compensatory time to another employee when such employee is on an a pproved leave of absence due to the verifiable illness or injury of the employee’s spouse, domestic partner, parent or child. Sick leave may not be donated under this provision.

All Catastrophic Leaves are subject to the following conditions:

1. The Human Re sources Department shall review all requests from the receiving employee to determine eligibility for catastrophic leave prior to the receiving employee or their Department requesting donations.

2. Catastrophic illness or injury is defined as an unforeseen or sudden, unexpected illness or injury requiring immediate attention. Pregnancy is excluded from this provision; however, injuries or illnesses resulting from a pregnancy may be covered under this provision with a statement from the employees treating physician as the final authority.

3. The receiving employee shall be on an approved continuous leave of absence for over 40 hours due to the illness or injury. A statement from the employee’s or family member’s treating physician is required.

4. The receiving employee has exhausted all accrued leave and is therefore facing financial hardship.

5. The total number of hours that can be donated to the receiving employee from all contributing employees combined shall not exceed 520 hours within 26 consecutive pay periods.

6. The donating employee must have at least 96 hours sick leave remaining after such 112
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 26 ends

donation and the leave application rate shall be based on the donating employee's dollar value, which shall be adjusted proportionally to the receiving employee's rate.

7. The donations must be in whole hour increments. The amount of the donation credited each pay period shall be in accordance with the receiving employee’s needs.

8. The donations are irrevocable, and shall be indistinguishable from other sick leave credits belonging to the receiving employee. Donations shall be subject to all taxes required by law.

9. Donations shall be made on a Catastrophic Leave form prescribed by the Human Resources Department.

Section 5.08 Jury/Witness Duty
In the event any full -time employee is duly summoned to any court during their scheduled working hours for the purpose of performing jury service or serving as a witness, except in cases where the employee is a plaintiff, petitioner, defendant, respondent, or appellant; the employee shall be released from their regular duties with pay. The employee must notify their supervisor of their summons upon receipt and provide the date summoned. If the employee is selected to serve on a jury, the employee must noti fy their supervisor of the approximate time frame that will be served. Any fees for the performance of such service, excepting mileage or subsistence allowances, shall be remitted to the City.

Employees required to serve jury duty must report to work before and after jury duty provided there is at least two (2) hours of work or when the commute time from court to the work location is greater than two (2) hours, the work time shall be equal to or greater than the commute time. With prior approval from t he employee’s supervisor and if operational necessity permits, employees who would otherwise be required to return to work, may elect to use vacation or compensatory leave from the employee’s accrued “leave bank.” Any employee called for jury duty in Ranch o Cucamonga must return to work if dismissed before 3:00 pm. If the employee is called to serve at a different location within a 30 -mile radius, the employee must return to work if dismissed by 2:00 pm. Upon return from jury duty, the employee shall present a certificate of service to their department.

This section shall not apply when an employee is summoned or otherwise required to appear in court in the course of City business.

The City shall convert a shift employee’s regular ly scheduled shift to a day shift during the period of jury duty.

BENEFITS
Section 6.01 Health Insurance Contribution
The City shall contribute up to a maximum of $204.67 per month toward health insurance premiums for active and retired employees. This amount is inclusive of the m inimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees who choose to enroll in the City’s medical plan.
113
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 27 ends

Section 6.02 City Contributions to Cafeteria Plan Benefits Medical, Dental, and Vision Contributions

1. The City will maintain an IRS Code Section 125 qualifying Cafeteria Plan to allow employees to pay for pre-tax medical, dental, and vision benefits.

2. Enrollment: An eligible employee must enroll in City medical insurance plan unless the employee satisfies the conditions to be eligible for the opt out provision below.

The City’s lowest cost employee-only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.

3. City Contribution: For eligible active employees who enroll in coverage, the City Contribution, inclusive of the Health Insurance Contribution set forth in Section

6.01(A), shall be tiered. Employees who enroll in the City’s medical plan shall receive a Health Flex Contribution depending on the level of coverage selected by the employee as follows:

Single Coverage $745
Two-party Coverage $1,100
Family Coverage $1,435

4. Beginning January 1, 2018 and each January thereafter, the City Contributions listed above will adjust each year based on the percent change in Kaiser rates for the CalPERS Los Angeles area. This yearly adjustment will be equal to the change in Kaiser rate s and apply for use on all plans and levels of coverage selected , inclusive of waived coverage . An employee who chooses medical insurance for which the actual monthly premium amount exceeds the maximum monthly employee benefit contribution shall be required to pay the difference in premiums.

5. For purposes of the Affordable Care Act’s employer mandate, the amount of the lowest cost plan offered to the Eligible Employee is considered a Health Flex Contribution. A Health Flex Contribution cannot be cashed out or applied to other benefits.

6. After enrolling in the selected coverage, an Eligible Employee may take the remainder of the City’s Contribution in cash.

7. Cash-in-Lieu Option: An eligible employee will be eligible to receive cash-in-lieu of instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied.
a) The employee signs a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt-Out Period. i. Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.
ii. Alternative Required Coverage required mea ns minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
114
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 28 ends

iii. Opt-Out Period means the plan year to which the opt out arrangement applies.
b) An employee must provide t he attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash-in-lieu.
c) The cash-in-lieu payment cannot be made and the City will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such alternative coverage, or if the conditions in this Section. are not otherwise satisfied. d) If the above conditions are satisfied:
i) Eligible Employees hired on or before November 30, 2001 are eligible to receive $450 per month cash-in-lieu.
ii) Eligible Employees hired on or after December 1, 2001 are eligible to receive $390 per month cash-in-lieu.
iii) Employees hired on or after September 1 0, 2017 are not eligible to receive cash-in-lieu.
e) Beginning January 1, 2018 and each January thereafter, the cash-in-lieu amounts listed above will adjust each year based on the percent change in Kaiser rates for the CalPERS Los Angeles area. This yearly adjustment will be equal to the change in Kaiser rates.

8. Dental Insurance: Employees who enroll in the City’s dental plan shall receive an employer contribution of $45 per month. Employees who enroll in a City dental plan that costs less than the City’s $45 employer contribution may receive the excess amount in cash. Employees who do not enroll in the City ’s dental plan will not receive the $45 employer contribution for dental premiums or cash.

9. Vision Insurance: Employees who enroll in the City’s vision plan shall receive an employer contribution equal to the actual single level plan premium, which shall be applied to employee coverage only.

Eligibility Requirements
Employees must be full-time (i.e. scheduled for a minimum of 40 hours per week) and be in a paid status for a minimum of 15 hours per pay period to be eligible for the benefits of Section 6.02 unless the employee is receiving disability benefits .

Paid status includes hours paid for: regular work time , compensatory time off, vacation leave, bereavement leave, sick leave, jury duty leave, personal leave, paid military leave, disciplinary leave , and paid holidays. It does not include amounts paid by any other disability benefits.
a) Leaves of Absence: The City will continue its cafeteria plan and health insurance contributions toward employee fringe benefit contributions for a leave of absence due to the employees own illness or injury not to exceed a total of 26 consecutive pay periods.
115
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 29 ends

b) If the leave of ab sence is not consecutive, the continuation of the contributions toward cafeteria plan benefits shall not exceed 26 pay periods total in an 18-month period.
c) The employee is responsible for payment of any benefit cost above the applicable City Contributions s and any voluntary supplemental benefit plans during their leave period. If the employee fails to make timely payments, their benefits will be discontinued.

Employees who have leave balances must use all leave accruals available each pay period up to 80 hours, or up to the amount needed to reach 80 hours when combined with disability and workers’ compensation payments.

Excess Cafeteria Plan Contributions
Any Cafeteria Plan contributions not required to pay toward premiums after an employee has enrolled in coverage shall be paid to the employee in cash.

Disability
The City shall pay 100% of the premium toward the City's Disability Insurance Program for employees.

Life
The City shall provide $50,000 basic term life insurance and $50,000 accidental death and dismemberment insurance and shall pay the applicable premium amounts.

Retirement Health Savings Plan
The Union and the City have agreed to explore options for implementing a tax deferred Retirement Health Savings Plan to assist employees saving for their post-employment health care needs.

Section 6.03 Insurance Committee
The City agrees to continue the insurance committee, which shall have a representative, designated by the Union as one of its members. This committee shall have the responsibility to review the coverages in the appropriate insurance program; to represent an employee who has a question to the company; and assist in the drafting of specifications.

The committee shall be composed of one representative from the recognized employee units and one representative appointed by the City Manager. The Assistant City Manager shall be an ex- officio member of the committee and entitled to attend all meetings. The committee or any of its members may invite other individuals to participate as resource people whenever the need arises, and prior notification is provided the committee chair. Where applicable, meet and confer may be reopened to discuss any proposal of the Insurance Committee approved by the majority of the Committee.

Section 6.04 Retirement
Classic Member

1. A classic member is defined as an employee who meets the definition of a “classic” member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that 116
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 30 ends

were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultimately determines who is a classic member in compliance with the law.

2. Classic members shall be eligible for the 2.5% @ 55 Full and Modified Formula for Local Miscellaneous Members including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

3. All classic members shall pay the employee contribution of eight (8%) percent as a pre-tax deduction to CalPERS.

New Member (PEPRA)

1. A new member is defined as an employee who meets the definition of a “new” member for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act (PEPRA) of 2013. Generally, this includes employees that were hired into a reg ular position on or after January 1, 2013 or former members who have more than a six -month break in service. CalPERS ultimately determines who is a new member in compliance with the law.

2. New members shall be eligible for the 2% @ 62 Formula for Local Misc ellaneous Members including integration with Social Security.

3. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. The required employee contribution for new members is

6.25%. This amount will be adjusted periodically by CalPERS.

Optional Benefits for Classic and New Members
The City’s contract with the Public Employees’ Retirement System includes the following optional benefits for both classic and new members:

a) Section 20903 – Two Years Additional Service Credit
b) Section 20965 – Sick Leave Credit
c) Section 21024 – Military Service Credit
d) Section 21037 – Cancel Payment for Optional Service Credit upon Retirement for Disability
e) Section 21548 – Pre-Retirement Optional Settlement Death Benefit Section 6.05 Uniforms
The City shall pay each Unit employee in the following classifications a uniform allowance of $400 per year the first paycheck in July for the maintenance, cleaning and normal repair of uniforms worn by the employee in the course of their employment:

1. Code Enforcement series, including Code Enforcement Officer, Senior Code Enforcement Officer, and Supervising Code Enforcement Officer;

2. Fire Safety Specialist, Senior Fire Safety Specialist;

3. Forensic Specialist series, including Forensic Specialist Tra inee, Forensic Specialist, Lead Forensic Specialist, and Forensic Supervisor; 117
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 31 ends

4. Plan Checker (Fire Department);

5. Police Records series, including Police Records Specialist Trainee, Police Records Specialist, Senior Police Records Specialist, and Police Records Supervisor;

6. Fire Dispatcher and Police Dispatcher series, including Fire Dispatcher Trainee, Fire Dispatcher, Senior Fire Safety Dispatcher and Fire Dispatch Supervisor or Police Dispatcher Trainee, Police Dispatcher, Senior Police Dispatcher, and Police Dispatch Supervisor; and

7. The following additional non-sworn classifications in the Police Department that are required to wear a uniform: Crime Prevention Specialist, Evidence Technician, Office Assistant, Office Specialist, and Community Service Officer.

The City shall provide eligible Unit employees listed in Section 6.05(A) with an initial set of uniforms as follows:

1. If an employee works a 5/8 or 9/80 schedule, they receive 5 shirts, 5 pants, 1 pair of shoes, 1 belt, 1 jacket, 1 badge, 1 badge holder and 1 business card holder.

2. If an employee works an 11½ hour or 4/10 schedule, they receive 4 shirts, 4 pants, 1 pair of shoes, 1 belt, 1 jacket, 1 badge, 1 badge holder and 1 business card holder.

Employees in the classifications of Building Inspector, Combination Building Inspector, and Senior Combination Building Inspector shall receive and wear uniform polo shirts with City logo, as designated by the department. Such employees shall not be eligible to receive $400 per year for the maintenance, cleaning and normal repair of such polo shirts.

Uniforms damaged in the line of duty shall be replaced by the City. Each year the Department Head shall inspect employee uniforms and replace accordingly.

Employees who are required to wear safety shoes shall be reimbursed up to $125 per fiscal year for such shoes . The shoes shall meet requirements appropriate for the employee’s work assignment and classification, as determined by the Agency/Department Head.

The City shall provide uniforms for employees in the classification of Water Production Operator. Water Production Operators are not eligible to receive the $400 uniform allowance.

In accordance with CalPERS regulations , effective July 1, 2012, any “classic” employee required to wear a full uniform that is rented and maintained by a uniform vendor through a contract with the City shall have the monetary value of the City-provided uniforms reported to CalPERS as special compensation on a bi-weekly basis. The monetary value reported to CalPERS will be reviewed annually by the City ba sed on the pricing for the rental and cleaning of uniforms in the contract between the City and the uniform vendor will be adjusted accordingly when a change in the monetary value occurs. This provision currently applies to a limited number of operational positions in the Municipal Utilities Company and the Parks and Maintenance Department and may include, but is not necessarily limited to, the classifications of Custodial Services Supervisor, Fleet Services Supervisor, Irrigation Conservation Specialist, and Water Production Operator.

Section 6.06 Employee Assistance Program
The City agrees to continue an Employee Assistance Program (EAP) for all employees. The 118
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 32 ends

parties agree that the EAP cannot be successful without absolute confidentiality regarding employee/family utilization of the program. Confidentiality shall be maintained in full compliance with State and Federal regulations.

Section 6.07 Employee Training
Any training or educational class approved by management, that provides both the employee and the City with value shall be considered as time worked. Value is defined as course material that is directly related to the employee’s job if it aids the employee in handling their present job better.

This would include any class scheduled on an employee’s regular day off.

Section 6.08 Tuition Reimbursement
To provide encouragement for all unit employees to continue educational development, specified employees shall be eligible for reimbursement of tuition expenses. The City shall reimburse an eligibl e employee for the cost of tuition for academic courses that are determined to be job-related and subject to the following conditions:

1. Regular, full-time, employees that have suc cessfully completed their initial probationary period with the City are eligible.

2. The determination that the course is job related shall be made by the employee’s Department Head.

3. The course shall provide college -level credit from an accredited educational institution.

4. The employee is not eligible for assistance from any other source.

5. Submission and approval of the request for reimbursement must be completed at least 30 calendar days prior to the start date of the course.

6. Tuition is the only expense that shall be reimbursable. No reimbursement shall be made for lab fees, books, travel costs, etc.

7. Classes shall not interfere with the employee’s normal work hours.

8. Certification of completion of the course with a passing grade must be obtained and submitted to the Human Resources Department within 60 calendar days after completion of the course.

9. The maximum reimbursement amount paid to an eligible employee shall not exceed $700 per calendar year.

Tuition reimbursement requests shall be submitted to the employee’s Department Head for a determination that the course is job -related. A fter such determination is made, the Department Head shall forward the request to the Human Resources Department for processing. The Human Resources Department shall be responsible for notifying the employee of the disposition of the request prior to the start date of the course. Proof of payment and proof of completion shall be submitted to the Human Resources Department.

Reimbursement shall be made within 30 calendar days following the receipt of proof of payment amount and proof of completion.
119
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 33 ends

Section 6.09 Flexible Spending Accounts
The City will offer to all Unit employees the opportunity to participate in Flexible Spending Accounts (FSA). An FSA allows an employee to make pre-tax deductions for qualifying medical, dental and vision expens es, and de pendent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service code.

Section 6.10 Deferred Compensation
A. The City will establish a separate Section 401(a) money purchase plan for City (Employer) deferred compensation contributions. Upon ratification of this agreement, the City will contribute $25 per month to the Section 401(a) money purchase plan for all unit employees. The principal amount of each employee’s contribution will be deposited into their account upon approval and establishment of the plan. The City’s contribution will increase to $45 per month effective July 8, 2018.

B. Employees may continue to voluntarily participate in and contribute to the Section 457(b) deferred compensation plan in accordance with the plan provisions.

DISCIPLINARY PROCEDURE
Section 7.01 Due Process and Employee Representation
An employee shall have right of Union representation when the employee reasonably anticipates that such a meeting is for the purpose of disciplining the employee, or is to obtain facts to support disciplinary action that is probable, or that is being seriously considered.

Section 7.02 Disciplinary Procedure
The disciplinary procedure provides that:

The employee shall receive advance notice of the proposed disciplinary action 10 working days before the action is to be implemented. The notification time frame shall begin the day after the notice of the proposed disciplinary action is served.

The notice shall include:
a) The specific grounds particular facts, reason and the charges upon which the proposed action is based;
b) Any materials, reports, or documents upon which the action is based.

2. The employee and/or Business Agent shall receive notice of the reason for administrative leave no later than eighty (80) hours after being placed on administrative leave, unless the employee is involved in an administrative investigation. If the employee is placed on administrative leave pending an administrative investigation, the employee will receive notice regarding the nature of the investigation prior to the administrative interview. The administrativ e interview will be conducted within a reasonable amount of time.

3. The employee shall have the right to respond to the proposed disciplinary action, orally or in writing, and shall have such responses considered by an independent reviewer of the proposed action. Such review shall be conducted by the Agency Head for the employee’s department prior to the imposition of the disciplinary 120
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 34 ends

action. If the Agency Head is proposing the disciplinary action, an alternate City Agency Head shall conduct the review.

4. Following the review of the proposed action, the Human Resources Director shall serve on the employee, by the employee’s personal email (if available), registered mail or personal delivery, a statement informing the employee of the results of the review. This statement shall inform the employee of the grounds for the decision and the acts or omissions, which support the grounds. This statement shall also include the employee’s appeal rights.

5. The employee shall have 14 calendar days to file an appeal with the Human Resources Director.

6. Appeal Hearings:
a) Within 14 calendar days after a serious disciplinary action is imposed, the employee shall have the right to appeal the disciplinary action. An independent Hearing Officer shall hear the appeal. Such appeal shal l be conducted as an evidentiary hearing.
b) The Hearing Officer shall be selected from a list of names provided by the American Arbitration Association or the California State Mediation and Conciliation Service. The City and the appellant shall alternately delete names; the remaining name shall be selected as the Hearing Officer. As an alternative, the City and the appellant may mutually agree on the selection of a Hearing Officer. The Hearing Officer shall be selected within 15 days after receiving the list of potential Hearing Officers. c) The City and the appellant shall present written summaries of the issues to be considered, witnesses to be called, and any other materials to be considered by the Hearing Officer prior to the hearing. The City or the appellant may request that the hearing be recorded. The Hearing Officer shall schedule the hearing within 30 days after receiving the written materials. The Hearing Officer shall notify the City and the appellant of the date, time, location and e stimated length of the hearing, at least 10 calendar days prior to the hearing date. The Hearing Officer may require the submission of written closing statements at the close of the hearing and prior to the issuance of a decision. Such closing statements must be submitted within 15 calendar days after completion of the hearing. The time periods in this Section may be extended by mutual agreement of the City and the appellant.
d) After the hearing is completed, the Hearing Officer shall issue findings and a decision to overturn, modify, or uphold the disciplinary action. The Hearing Officer’s decision shall be issued within 30 days after the completion of the hearing and the submission of closing statements, if required. The City or the appellant may request that the Hearing Officer’s decision be submitted to the City Council for review. Such a request to review must be made in writing to the Human Resources Director within 30 calendar days after receipt of the Hearing Officer’s decision. If submitted to the City Council for review, the City Council may overturn, modify or uphold the Hearing Officer’s decision. The City Council’s decision shall be final. 121
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 35 ends

e) The cost of the Hearing Officer’s services shall be shared equally between the City and the Union. Recording costs shall be borne by the requesting party or shared equally, if both parties request recording of the hearing.

The City and the Union shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the hearing.
f) If the appellant fails to attend a scheduled hearing or fails to submit their portion of the costs of the hearing, prior to the hearing, the appeal shall be considered abandoned. If the appeal is abandoned, there shall be no further administrative review or City Council review.
g) In the event that either party requests that the Hearing Officer’s decision be submitted to the City Council for review, the requesting party shall be responsible for the full cost of the Hearing Officer’s services as well as any recording costs. The City and the appellant shall each be responsible for their own representation costs, witness expenses, or any other costs associated with the City Council review.

7. This disciplinary procedure should be used for all ser ious disciplinary actions which are normally considered (1) demotions, (2) discharges, (3) reductions in pay, and (4) suspensions.

Section 7.03 Exceptions
The above procedure may be deviated from in circumstances where there is a need for immediate action. In such cases, an employee may be ordered off the job if their conduct imperils the safety or welfare of the public, other employees, or said employee ( e.g. drunkenness, violence, gross insubordination).

Section 7.04 Progressive Discipline
The City shall use the principles of progressive discipline, except in cases that are referred to in Section 7.03 of this Article.

GRIEVANCE PROCEDURE
Section 8.01 Definitions
Complaint - A concern of an employee, which arises from the application of a term of this MOU, existing City Rule(s), Regulation(s) or Policy(ies) regarding working conditions.

Grievance - A written allegation by an employee that there ha s been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU, existing City Rule (s), Regulation(s) or Policy(ies) regarding working conditions. “Grievant - A regular or probationary employee who alleges in a grievance that the employee has been directly wronged by a violation of a specific term of this MOU, existing City Rule(s), Regulation(s) or written Polic y(ies) regarding hours, wages and terms and conditions of employment. The term "grievant" as used in this Article may refer to the Union when alleging a violation of Article XII, as provided for in this Agreement.

Immediate Supervisor - The appropriate supervisor or manager to whom the employee is 122
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 36 ends

accountable.

Representative - An employee or representative of the Union who, at the grievant's request, may be present at Levels I through IV. Representation of the employee at Level V shall be by a Union designated representative.

Respond and File – Employee’s personal email (if available), personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it shall be by certified, return receipt requested mail and the certified receipt date shall establish the date of response or filing. If personal delivery is used, the calendar date of delivery shall establish the date of response or filing.

Section 8.02 Level I – Informal Review
An employee shall have the right to present a complaint and to have the complaint considered by the immediate supervisor no later than 15 working days after the event giving rise to the complaint, or no later than 15 working days after the employee knew or reasonably should have known of the event giving rise to the complaint.

The employee, whenever possible, shall attempt to resolve the complaint informally with their immediate supervisor.

The immediate supervisor shall provide an answer to the employee no later than 14 working days after the Level I meeting. Such response shall be provided orally.

A resolution of the complaint at the informal level shall not be precedent setting.

Section 8.03 Level II – Formal
If the complaint is not resolved through Level I informal discussions, the employee may file a Level II grievance with the Department Head no later than ten working days after the response from the immediate supervis or at Level I. The grievant shall state the following clearly and concisely on a grievance form provided by the City: (Appendix B)

1. The specific term(s) of the MOU, City Rule(s), Regulation(s) or Policy(ies) regarding working conditions, which have been violated;

2. The action grieved, including names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule (s), Regulation(s) or Policy(ies) regarding working conditions;

3. The remedy sought;

4. The name and classification of the grievant and their signature;

5. The name of the representative, if any; and

6. The date of submission.

The Department Head shall hold a meeting with the grievant at a mutually acceptable time and location no later than 10 working days after the receipt of the grievance. The Department Head shall respond in writing to the grievant within 10 working days of the Level II meeting.
123
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 37 ends

Section 8.04 Level III
In the event the grievance is not settled at Level II, the grievant may file a Level III grievance with the Agency Head no later than 10 working days after the Level II response. The grievant shall include in the grievance a written statement indicating the reason that the proposed settlement at Level II was unsatisfacto ry. The Agency Head may hold a meeting with the grievant at a mutually acceptable time and location. The Agency Head shall respond to the grievant no later than 10 working days after the receipt of the Level III grievance.

The grievant shall present at Level III all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level III.

Amendments and/or modifications to the grievance shall not be made by the grievant after the Level III filing date, accept by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date. Each party shall make an effort to share evidence with each other upon discovery.

Section 8.05 Level IV
In the event the grievance is not settled at Level III, the grievant may file a Level IV grievance with the City Manager no later than 10 working days after the receipt of the Level III response.

The City Manager may hold a meeting with the grievant at a mutually acceptable time and location. The City Manager shall respond to the grievant in writing no later than 10 working days after the Level IV grievance meeting.

If the grievance has not been settled at Level IV, then within 1 0 working days after receipt of the Level IV written decision or the expiration of the time limits for making such decision, upon the request of the grievant, the Union may request arbitration by giving notice to that effect, by the employee’s personal email (if available) or certified mail, return receipt requested, directed to the Human Resources Director.

Section 8.06 Level V – Arbitration
Unless the specific language of the MOU is in conflict, the arbitration procedure shall be conducted in accordance with the rules of the American Arbitration Association.

The arbitrator shall be selected by mutual agreement of both parties from a list of arbitrators submitted by the American Arbitration Association or the State Mediation Conc iliation Service.

The cost of any arbitration proceeding shall be divided equally between the City and the Union.

Failure on the part of the City representative or grievant to appear in any case before an arbitrator, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. "Good Cause" shall be defined as a circumstance(s) beyond control of the party failing to appear. Any cancellation or postponement fee shall be borne by the responsible party.
124
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 38 ends

A final decision of award by the arbitrator shall be made within 30 calendar days after the close of the hearing. Such decision or award shall be subject to the approval of the City Council. Either party shall be given the opportunity to submit the ir arguments before the City Council with regard to the Arbitrator’s "Findings of Facts," prior to such approval.

In the event that either party seeks to submit their arguments before the City Council with regard to the Arbitrator’s “Findings of Facts,” the party requesting such argument shall bear the full cost of the arbitrator and recording fees.

Expenses for witnesses shall be borne by the party who calls them.

The standard of review for the arbitrator is whether the City violated a specific term(s) of this MOU, City Rule(s), Regulation(s) or policy(ies) regarding working conditions.

If an arbitrability question exists, the arbitrator shall determine the arbitrability question prior to hearing the formal presentations of the parties on the merits of the grievance.

Section 8.07 General Provisions
Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void. Failure by the City representative to timely respond under this Article shall permit the grievance to be filed at the next level.

Time limits set forth in this Article may be extended by mutual agreement.

No punitive action shall be assessed against an employee for utilizing the grievance procedure.

Employees shall be granted release time not to exceed one hour for the purpose of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level II. Such release time for pre -grievance consultation or grievance preparation is applicable per grievance and its scheduling shall not interfere with departmental operations.

The parties may consolidate at any level grievances on similar issues.

Grievance records shall be filed separately from an employee's personnel file and sh all be considered confidential.

A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.

A decision by the Union to submit a grievance to arbitration shall automatically be a waiver of all other remedies except as provided otherwise by statute.

No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

In the event a grievant elects to represent themselves or is represented by other than may be provided by the Union, the Union shall be notified of the nature and resolution of the grievance; provided however, that the names of employees and confidential information shall not be disclosed. Notification of the employee's Union shall be made within a reasonable time following the resolution of the grievance. 125
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 39 ends

Organizational channels shall be utilized at all times and participation in the grievance and the discussion of information related thereto shall be limited to the partie s to the grievance except when such other persons are identified and/or called as witnesses.

In the event of a disciplinary action involving a suspension, reduction in pay or demotion or termination where a pre-disciplinary meeting has already been held, L evels I through III of the grievance procedure shall be eliminated and Levels IV and above shall be utilized.

A group of employees may file one grievance rather than individual grievances as long as the following conditions are met:

1. Each employee in the "group" grievance is individually named.

2. The grievable matter is exactly the same for each employee cited in the grievance.

3. The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the empl oyees involved who represents the group filing the grievance.

Section 8.08 Authority of Third Party
Each issue decided by a third party neutral shall stand on its own merits and shall not be used as a precedent by any other third party neutral in deciding any issue before the third party.

REPRESENTATION
Section 9.01 Union and Membership Activity
Current employees in the Bargaining Unit who are now Teamsters Local 1932 members shall remain Teamsters Local 1932 members for the period of this MOU. Employees who are hired after this MOU is approved by the City Council and who are in a job classification within the representation unit of Teamsters Local 1932 covered by this MOU, may elect to become a member of Teamsters Local 1932 or voluntarily elect to pay to Teamsters Local 1932 a fee in an amount equal to, Teamsters Local 1932’s bi -weekly dues. The effective date of the Union dues or other authorized deductions shall begin no later than the first full pay period following the City’s receipt of written documentation stating that a dues deduction should commence.

All newly eligible employees who become members of the Union shall remain members for the duration of this MOU, except one week prior to the expiration of this MOU and provided that they have been members for at least six months, at which time a member may request, 126
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 40 ends

in writing to both the City and Union, to withdraw their authorization for dues deduction which shall become effective in the first payroll period of the following month.

Dues withheld by the City shall be transmitted to the Teamsters Local 1932 Officer designated in writing by Tea msters Local 1932 as the person authorized to receive such funds at the address specified.

The City shall not be obligated to put into effect any new, changed or discontinued deduction until a payroll deduction card is submitted to Human Resources in suffi cient time to permit normal processing of the change or deduction.

Teamsters Local 1932 shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues, which are applicable to public sector labor organizations.

The City shall not deduct monies specifically earmarked for a Political Action Committee or other political activities.

Teamsters Local 1932 shall keep an adequate itemized record of its financial transactions.

Teamsters Local 1932 shall make available annually to the City and upon request to employees who are members of Teamsters Local 1932, within 60 calendar days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to its accuracy by its President and Treasurer or corresponding Principal Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor -Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement.

This organizational security arrangement shall be null and void if rescinded by a vote of employees in the unit pursuant to Government Code Section 3502.5(b). Teamsters Loc al 1932 hereby agrees to defend, indemnify and hold harmless the City of Ontario and its officers and employees from any claim, loss, liability or cause of action of any nature whatsoever arising out of the operation of this Article.

Teamsters Local 1932 shall defend, indemnify and hold harmless the City of Ontario and its Officers and employees from any claim, loss, liability, cause of action or administrative proceeding, arising out of the operation of this Article. Upon commencement of such legal action, administrative proceeding, or claim, Teamsters Local 1932 shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its Officers and employees because of any application of this Article shall not be compromised, resisted, defended, tried or appealed.

Any such decision on the part of Teamsters Local 1932 shall not diminish Teamsters Local 1932’s defense and/or indemnification obligations under this MOU.

The City, immediately upon receipt of notice of such claim, proceeding or legal action shall inform Teamsters Local 1932 of such action and shall provide Teamsters Local 1932 with all information, documents and assistance necessary for Teamsters Local 1932 defense or settlement of such action and fully cooperate with Teamsters Local 1932 in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by Teamsters Local 1932.

Teamsters Local 19 32 upon its compromise or settlement of such action or matter shall immediately pay the parties to such action all sums due under such settlement or compromise. Teamsters Local 1932, upon final order and judgment of a Court of competent 127
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 41 ends

jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order and judgment.

The City shall provide via email to the Union a monthly list of all employees in the bargaining unit, including the employees’ classification title, work location, hire date, base hourly rate, and current home address, personal email address (if available), personal cell phone (if available) and home phone number.

Section 9.02 Dues Deduction
During the term of this MOU the City agrees to deduct from the pay of each employee who signs an authorized payroll deduction card a monthly sum certified to them by the Secretary of the Union as the regular monthly dues of the Union. The City shall not deduct any pay for initiation fee fines or other special assessments. The Union shall advise the City, in writing, of the dues amount to be deducted for each member no more than once a quarter. Any change in the amount of dues to be deducted for each member will be submitted to the City, in writing, thirty (30) days prior to the effective date of such change.

The employee's earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the dues check off auth orized. When a member in good standing of the Union is in a non -pay status for an entire pay period, no dues withholding shall be made to cover that period from future earnings, nor shall the member deposit the amount with the City which would have been w ithheld if the member had been in a pay status during that period. In the case of an employee who is in non-pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over employee organization dues.

The Union shall indemnify, defend, and hold the City of Ontario harmless against any claims made, and against any suit instituted against the City of Ontario, on account of check off of employee organization dues. In addition, the Union shall refund to the City of Ontario any amounts paid to it in error, upon presentation of supporting evidence.

Section 9.03 Union Stewards
Employees selected by the Union to act as Union representatives shall be known as "Stewards” Or “Alternate Stewards.” The name of employees selected as Stewards or Alternate Stewards , and the names of other Union representatives who may represent employees, shall be certified in writing to the employer by the Union.

A maximum of one Steward for each department shall be selected with the exception of the Community Improvement , Fire, Library, Recreation and Utilities which shall have one steward and one Alternate Steward; the Police Department, which shall have one Steward position specifically for the Communications Division, and one Steward for the remainder of the Police Department, and two Alternate Stewards.

Stewards who work shifts shall be allowed to flex their regular shift to attend the monthly stewards’ meetings.

Section 9.04 Release Time

One Union Steward or Alternate Steward (“Steward”) per Department employed by the City of Ontario shall be entitled to devote a reasonable amount of time to Union business without loss of 128
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 42 ends

pay. Prior to participating in such business, the Steward shall first obtain authorization from their immediate supervisor. The immediate supervisor may deny such request if it is deemed that such a request would unduly interfere with the efficiency, safety, or security of City operations. If the request is denied, the immediate supervisor shall establish an alternate time convenient to the parties when the representative can be released from their work assignment.

Section 9.05 Bulletin Boards

A. The City agrees to provide reasonable space to Teamsters 1932 where there are existing bulletin boards designated for general communications for employees in the unit and where adequate bulletin board space has not been made available, with the exception of the City’s Community Development Department, Police Department Headquarters, Public Works Facility, and Utilities Customer Services Department. The City will purchase and install bulletin boards for Teamsters 1932 use in the following locations: at the City’s Community Development Department, Police Headquarters, Public Works Facility (front office area, solid waste, parks and maintenance), and Utilities Customer Services Department. Bulletin board space will be visible and accessible.

B. No City equipment shall be used to reproduce materials posted on the bulletin boards.

Posting shall not cover or obscure any postings already on the bulletin boards. Union representatives may only remove postings by Teamsters 1932.

C. It is agreed and und erstood that space provided on the bulletin boards shall be only for the posting of formal notices of Teamsters 1932 news bulletins, meetings, agenda and minutes, information concerning Teamsters 1932 elections or the results thereof; Teamsters 1932 recrea tional, social and related Teamsters 1932; names of representatives and officers of the Union.

D. The bulletin boards shall not be used for posting or distributing literature concerning candidates for public office.

E. Any other written materials posted by the Union shall be identified as Union material and must be signed by an authorized Union representative. A copy shall be sent to the Human Resources Department prior to the posting.

Section 9.06 New Employee Orientation
Providing there are new employees, the City typically conducts employee orientation weekly. The City will notify Teamsters 1932 if a unit member will be attending the employee orientation or within ten (10) days of an orientation. The City shall release one steward for up to one (1) hour to meet with new Unit members during orientation for the sole purpose of providing employees information regarding Teamsters Local 1932 membership.

GENERAL PROVISIONS
Section 10.01 Personnel Files
The official personnel files shall be located in and/or maintained by the Human Resources Department. The official personnel file shall consist of a physical file as well as a digital file within the City’s Human Resources Information System. Personnel actions (e.g. discipline, promotions) shall be based on documentation within such files.

Employees, during City Hall business hours, with advance notice to Human Resources and 129
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 43 ends

with release time granted by their supervisor, have the right to have access to and copies of any document in the physical version of their official personnel file. Employees may be charged for cost of duplication of any materials in the personnel file for which they request copies.

The City shall provide employees with secured online access to the digital version of their personnel file, which includes the ability to view and print records within the file. The ability to access the digital version of the personnel file is subject to internet availability and may be restricted by the software provide r during reasonable periods for maintenance and/or required updates. An employee shall be provided with a copy or online access of any document that shall be placed in the official personnel file. An employee shall have the right to respond in writing or personal interview to any information contained in their personnel file. Such a reply shall be filed with the original document and will remain in the personnel file so long as the referenced document is in the file.

Section 10.02 Separability
If any article or section of this MOU shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such article or section shall be deemed null and void and of no further effect. However, such articles and sections shall be severable from the remainder of this MOU, and all other provisions hereof shall continue in full force and effect.

Section 10.03 Peaceful Performance of City Services
The Union, its officers, agents, representatives and /or members agree they shall not cause, condone, or participate in any strike, walk out, work stoppage, job action, slow down, speed up, sick out, refusal or failure to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other labor organizations to engage in any or all of the preceding activities.

In the event of such activities, the Union shall immediately instruct any persons engaging in such conduct that they are violating this MOU, and that they are engaging in unlawful conduct, and that they should immediately cease engaging in such conduct and resume full and faithful performance of their job duties.

In addition to any other lawful remedies for the disciplinary action available to the City, the City may, in addition to the above, invoke any and all remedies available to it under its Employer-Employee Relations Section of the Personnel Rules and Regulations.

In addition, the City agrees that it shall not participate in any unlawful labor practices.

Section 10.04 Duration and Implementation
This MOU shall upon ratification by both parties, become effective and remain in full force and effect up to and including June 30, 2023.

Each party shall exercise its right to present bargaining proposals for a successor MOU no earlier than 120 calendar days prior to the expiration of this MOU and no later than 90 calendar days prior to the expiration of this MOU.

During the period in which this M OU is in full force and effect, should any recognized miscellaneous or sworn bargaining unit reach a signed agreement that results in that group receiving a general salary increase or other net compensation increase greater than what 130
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 44 ends

was negotiated as to members of the Teamsters unit, then the members of the Teamsters unit shall receive an equivalent general salary increase or a net compensation increase of a similar value. The City and Union shall meet and confer regarding the nature and applicability of a net compensation increase of a similar value. The parties agree and understand that there are differences in existing economic terms, and this provision only covers the overall economic value of the negotiated package in the 2021 -2022 successor MOU negotiations for the miscellaneous groups and the 2021 -2022 reopener negotiations for the safety groups, with all groups negotiation agreements that expire June 30, 2023.

The COVID-19 pandemic continues to have significant impacts on our community, and our employees. By working collaboratively, the City and the Union can ensure that we continue to provide effective and safe, services to our co mmunity. The City and the Union will continue to meet and confer regarding the impacts of COVID -19 consistent with Section

1.06 (C). This will include but not be limited to discussing the impacts of new legislation as well as the staffing impacts where specific and previously defined metrics are met regarding COVID-19 infection in the workplace.

Section 10.05 Workplace Safety

The City shall make every effort to ensure a safe work environment for all employees. The City will enforce its policies including but not limited to the following: City Policy Regarding Acts of Retaliation, Policy Against Violence in the Workplace, Discrimination/Harassment Prevention.

Section 10.06 Direct Deposit and Electronic Pay Advice

A. All Employees must make and maintain arrangements for direct deposit of their net paychecks into the financial institution of their choice via electronic fund transfer. Such arrangements shall be made within one month.

B. In an extraordinary circumstances/events that an employee is una ble to make arrangements for electronic fund transfer, the employee shall submit a request in writing to the Human Resources Agency to be considered for an exception. Human Resources shall review the request for the Direct Deposit Special Exemption and may request supporting documentation; and the employee will be notified of the determination.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of Human Resources Agency.

D. The electronic pay advice will be available for employees to view, save and print in the City’s Human Resources information system on the employee’s pay day.

Section 10.7 Overpayment, Recovery and Underpayments

In situations involving overpayment to an employee by the City, the employee shall be obliged to repay by payroll deduction the amount of overpayment. The repayment shall occur within the same time frame the overpayment was received by the employee or sooner at the employee’s discretion.

Either Human Resources, or the Payroll Department shall provide written documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the 131
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 45 ends

employee with the Payroll Department to review the documentation and to discuss the recovery schedule. The repayment schedule, biweekly repayment amount or alternative repayment method (including repayment from personal funds) will be documented in writing.

Extensions to the period for repayment of the overage or an alternative repayment method may be requested by the employee and are subject to the approval of the Executive Director of Finance or their designee. Extensions will be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one -half times as long as the overpayment period.

If the employee leaves employment prior to repayment of overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate a collections process against the employee.

In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation and necessary approval of the compensation change.

132
Teamsters Local 1932 7/1/2021– 6/30/2023

Page 46 ends

FINAL SIGNATURES

All terms and conditions set forth in this MOU are hereby ratified and agreed upon this 15th day of February, 2022.

CITY OF ONTARIO
TEAMSTERS LOCAL 1932

Angela C. Lopez, Executive Director
Human Resources/Risk Management Kira Bowen, Steward

Darlene Sanchez, Assistant City
Manager William S. Bradford, Steward

Jeannette Chavez, Assistant Director
of Human Resources/Risk
Management
Ernesto Davalos, Steward

Lupe Marquez, Sr. Human Resources
Analyst Jack Flores, Steward

Arleen Berberoglu, Human Resources
Analyst Benjamin Gregory, Steward

Heather Lugo, Steward

Abraham Gallegos, Business Agent

133

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate 1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $24.10 $4,177.33 $24.59 $4,262.27
2 $25.33 $4,390.53 $25.84 $4,478.93
3 $26.58 $4,607.20 $27.12 $4,700.80
4 $27.90 $4,836.00 $28.46 $4,933.07
5 $29.30 $5,078.67 $29.89 $5,180.93
1 $36.11 $6,259.07 $36.84 $6,385.60
2 $37.89 $6,567.60 $38.65 $6,699.33
3 $39.80 $6,898.67 $40.60 $7,037.33
4 $41.78 $7,241.87 $42.62 $7,387.47
5 $43.88 $7,605.87 $44.76 $7,758.40
1 $24.10 $4,177.33 $24.59 $4,262.27
2 $25.33 $4,390.53 $25.84 $4,478.93
3 $26.58 $4,607.20 $27.12 $4,700.80
4 $27.90 $4,836.00 $28.46 $4,933.07
5 $29.30 $5,078.67 $29.89 $5,180.93
1 $43.08 $7,467.20 $43.95 $7,618.00
2 $45.25 $7,843.33 $46.16 $8,001.07
3 $47.51 $8,235.07 $48.47 $8,401.47
4 $49.89 $8,647.60 $50.89 $8,820.93
5 $52.37 $9,077.47 $53.42 $9,259.47
1 $33.76 $5,851.73 $34.44 $5,969.60
2 $35.45 $6,144.67 $36.16 $6,267.73
3 $37.23 $6,453.20 $37.98 $6,583.20
4 $39.09 $6,775.60 $39.88 $6,912.53
5 $41.04 $7,113.60 $41.87 $7,257.47
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $47.40 $8,216.00 $48.35 $8,380.67
2 $49.76 $8,625.07 $50.76 $8,798.40
3 $52.26 $9,058.40 $53.31 $9,240.40
4 $54.87 $9,510.80 $55.97 $9,701.47
5 $57.61 $9,985.73 $58.77 $10,186.80
1 $38.15 $6,612.67 $38.92 $6,746.13
2 $40.07 $6,945.47 $40.88 $7,085.87
3 $42.08 $7,293.87 $42.93 $7,441.20
4 $44.18 $7,657.87 $45.07 $7,812.13
5 $46.38 $8,039.20 $47.31 $8,200.40
Associate Landscape Planner
Approximate Salaries*
July 4, 2021 July 3, 2022
Asset Forfeiture Fiscal Coordinator
Administrative Specialist
Administrative Technician
Assistant Curator
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Engineer
* Actual rates will be calculated by the City's payroll system. 1 of 11 134

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $41.42 $7,179.47 $42.25 $7,323.33
2 $43.48 $7,536.53 $44.35 $7,687.33
3 $45.65 $7,912.67 $46.57 $8,072.13
4 $47.92 $8,306.13 $48.88 $8,472.53
5 $50.32 $8,722.13 $51.33 $8,897.20
1 $31.84 $5,518.93 $32.48 $5,629.87
2 $33.43 $5,794.53 $34.10 $5,910.67
3 $35.11 $6,085.73 $35.82 $6,208.80
4 $36.87 $6,390.80 $37.61 $6,519.07
5 $38.71 $6,709.73 $39.49 $6,844.93
1 $43.75 $7,583.33 $44.63 $7,735.87
2 $45.95 $7,964.67 $46.87 $8,124.13
3 $48.23 $8,359.87 $49.20 $8,528.00
4 $50.66 $8,781.07 $51.68 $8,957.87
5 $53.18 $9,217.87 $54.25 $9,403.33
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.78 $6,721.87 $39.56 $6,857.07
5 $40.70 $7,054.67 $41.52 $7,196.80
1 $25.62 $4,440.80 $26.14 $4,530.93
2 $26.90 $4,662.67 $27.44 $4,756.27
3 $28.24 $4,894.93 $28.81 $4,993.73
4 $29.66 $5,141.07 $30.26 $5,245.07
5 $31.14 $5,397.60 $31.77 $5,506.80
1 $21.40 $3,709.33 $21.83 $3,783.87
2 $22.48 $3,896.53 $22.93 $3,974.53
3 $23.59 $4,088.93 $24.07 $4,172.13
4 $24.76 $4,291.73 $25.26 $4,378.40
5 $26.00 $4,506.67 $26.52 $4,596.80
1 $35.15 $6,092.67 $35.86 $6,215.73
2 $36.92 $6,399.47 $37.66 $6,527.73
3 $38.76 $6,718.40 $39.54 $6,853.60
4 $40.69 $7,052.93 $41.51 $7,195.07
5 $42.72 $7,404.80 $43.58 $7,553.87
1 $29.72 $5,151.47 $30.32 $5,255.47
2 $31.21 $5,409.73 $31.84 $5,518.93
3 $32.77 $5,680.13 $33.43 $5,794.53
4 $34.41 $5,964.40 $35.10 $6,084.00
5 $36.13 $6,262.53 $36.86 $6,389.07
1 $23.28 $4,035.20 $23.75 $4,116.67
2 $24.43 $4,234.53 $24.92 $4,319.47
3 $25.66 $4,447.73 $26.18 $4,537.87
4 $26.94 $4,669.60 $27.48 $4,763.20
5 $28.29 $4,903.60 $28.86 $5,002.40
1 $35.22 $6,104.80 $35.93 $6,227.87
2 $36.99 $6,411.60 $37.73 $6,539.87
3 $38.84 $6,732.27 $39.62 $6,867.47
4 $40.78 $7,068.53 $41.60 $7,210.67
5 $42.81 $7,420.40 $43.67 $7,569.47
Continuum of Care Social Worker
Associate Planner
Building Inspector
Building Plans Examiner
Building Plans Specialist
Business License Specialist
Central Services Specialist
Combination Building Inspector
Community Improvement Officer
Community Service Officer
* Actual rates will be calculated by the City's payroll system. 2 of 11 135

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $26.51 $4,595.07 $27.05 $4,688.67
2 $27.83 $4,823.87 $28.39 $4,920.93
3 $29.22 $5,064.80 $29.81 $5,167.07
4 $30.69 $5,319.60 $31.31 $5,427.07
5 $32.22 $5,584.80 $32.87 $5,697.47
1 $35.24 $6,108.27 $35.95 $6,231.33
2 $36.99 $6,411.60 $37.73 $6,539.87
3 $38.84 $6,732.27 $39.62 $6,867.47
4 $40.79 $7,070.27 $41.61 $7,212.40
5 $42.82 $7,422.13 $43.68 $7,571.20
1 $28.77 $4,986.80 $29.35 $5,087.33
2 $30.20 $5,234.67 $30.81 $5,340.40
3 $31.70 $5,494.67 $32.34 $5,605.60
4 $33.29 $5,770.27 $33.96 $5,886.40
5 $34.95 $6,058.00 $35.65 $6,179.33
1 $21.39 $3,707.60 $21.82 $3,782.13
2 $22.48 $3,896.53 $22.93 $3,974.53
3 $23.59 $4,088.93 $24.07 $4,172.13
4 $24.76 $4,291.73 $25.26 $4,378.40
5 $26.00 $4,506.67 $26.52 $4,596.80
1 $31.87 $5,524.13 $32.51 $5,635.07
2 $33.47 $5,801.47 $34.14 $5,917.60
3 $35.13 $6,089.20 $35.84 $6,212.27
4 $36.90 $6,396.00 $37.64 $6,524.27
5 $38.74 $6,714.93 $39.52 $6,850.13
1 $35.92 $6,226.13 $36.64 $6,350.93
2 $37.71 $6,536.40 $38.47 $6,668.13
3 $39.60 $6,864.00 $40.40 $7,002.67
4 $41.57 $7,205.47 $42.41 $7,351.07
5 $43.64 $7,564.27 $44.52 $7,716.80
1 $35.92 $6,226.13 $36.64 $6,350.93
2 $37.71 $6,536.40 $38.47 $6,668.13
3 $39.60 $6,864.00 $40.40 $7,002.67
4 $41.57 $7,205.47 $42.41 $7,351.07
5 $43.64 $7,564.27 $44.52 $7,716.80
1 $26.16 $4,534.40 $26.69 $4,626.27
2 $27.46 $4,759.73 $28.01 $4,855.07
3 $28.83 $4,997.20 $29.41 $5,097.73
4 $30.28 $5,248.53 $30.89 $5,354.27
5 $31.78 $5,508.53 $32.42 $5,619.47
1 $25.85 $4,480.67 $26.37 $4,570.80
2 $27.16 $4,707.73 $27.71 $4,803.07
3 $28.50 $4,940.00 $29.07 $5,038.80
4 $29.93 $5,187.87 $30.53 $5,291.87
5 $31.43 $5,447.87 $32.06 $5,557.07
Environmental Technician
Evidence Technician
Crime Analyst
Crime Prevention Specialist
Cross-Connection Control Specialist
Custodial Services Supervisor
Customer Services Representative
Engineering Aide
Engineering Assistant
Engineering Assistant/GIS
* Actual rates will be calculated by the City's payroll system. 3 of 11 136

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.76 $6,718.40 $39.54 $6,853.60
5 $40.70 $7,054.67 $41.52 $7,196.80
1 $39.72 $6,884.80 $40.52 $7,023.47
2 $41.67 $7,222.80 $42.51 $7,368.40
3 $43.77 $7,586.80 $44.65 $7,739.33
4 $45.97 $7,968.13 $46.89 $8,127.60
5 $48.26 $8,365.07 $49.23 $8,533.20
1 $25.59 $4,435.60 $26.11 $4,525.73
2 $26.93 $4,667.87 $27.47 $4,761.47
3 $28.35 $4,914.00 $28.92 $5,012.80
4 $29.84 $5,172.27 $30.44 $5,276.27
5 $31.42 $5,446.13 $32.05 $5,555.33
1 $23.23 $4,026.53 $23.70 $4,108.00
2 $24.43 $4,234.53 $24.92 $4,319.47
3 $25.74 $4,461.60 $26.26 $4,551.73
4 $27.09 $4,695.60 $27.64 $4,790.93
5 $28.50 $4,940.00 $29.07 $5,038.80
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.78 $6,721.87 $39.56 $6,857.07
5 $40.70 $7,054.67 $41.52 $7,196.80
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $28.68 $4,971.20 $29.26 $5,071.73
2 $30.11 $5,219.07 $30.72 $5,324.80
3 $31.62 $5,480.80 $32.26 $5,591.73
4 $33.21 $5,756.40 $33.88 $5,872.53
5 $34.86 $6,042.40 $35.56 $6,163.73
1 $35.22 $6,104.80 $35.93 $6,227.87
2 $36.99 $6,411.60 $37.73 $6,539.87
3 $38.84 $6,732.27 $39.62 $6,867.47
4 $40.78 $7,068.53 $41.60 $7,210.67
5 $42.81 $7,420.40 $43.67 $7,569.47
1 $39.72 $6,884.80 $40.52 $7,023.47
2 $41.67 $7,222.80 $42.51 $7,368.40
3 $43.77 $7,586.80 $44.65 $7,739.33
4 $45.97 $7,968.13 $46.89 $8,127.60
5 $48.26 $8,365.07 $49.23 $8,533.20
1 $29.94 $5,189.60 $30.54 $5,293.60
2 $31.52 $5,463.47 $32.16 $5,574.40
3 $33.18 $5,751.20 $33.85 $5,867.33
4 $34.92 $6,052.80 $35.62 $6,174.13
5 $36.75 $6,370.00 $37.49 $6,498.27
Facilities Maintenance Supervisor
Fire Dispatch Supervisor
Fire Dispatcher
Fire Dispatcher Trainee
Fire Safety Specialist
Fire Safety Technician
Fleet Services Coordinator
Fleet Services Supervisor
Forensic Field Supervisor
Forensic Specialist
* Actual rates will be calculated by the City's payroll system. 4 of 11 137

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $38.24 $6,628.27 $39.01 $6,761.73
2 $40.17 $6,962.80 $40.98 $7,103.20
3 $42.18 $7,311.20 $43.03 $7,458.53
4 $44.28 $7,675.20 $45.17 $7,829.47
5 $46.50 $8,060.00 $47.43 $8,221.20
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.60 $6,344.00 $37.34 $6,472.27
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.36 $7,342.40 $43.21 $7,489.73
1 $29.86 $5,175.73 $30.46 $5,279.73
2 $31.35 $5,434.00 $31.98 $5,543.20
3 $32.92 $5,706.13 $33.58 $5,820.53
4 $34.56 $5,990.40 $35.26 $6,111.73
5 $36.30 $6,292.00 $37.03 $6,418.53
1 $28.00 $4,853.33 $28.56 $4,950.40
2 $29.39 $5,094.27 $29.98 $5,196.53
3 $30.87 $5,350.80 $31.49 $5,458.27
4 $32.41 $5,617.73 $33.06 $5,730.40
5 $34.03 $5,898.53 $34.72 $6,018.13
1 $23.54 $4,080.27 $24.02 $4,163.47
2 $24.71 $4,283.07 $25.21 $4,369.73
3 $25.94 $4,496.27 $26.46 $4,586.40
4 $27.24 $4,721.60 $27.79 $4,816.93
5 $28.60 $4,957.33 $29.18 $5,057.87
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.76 $6,718.40 $39.54 $6,853.60
5 $40.70 $7,054.67 $41.52 $7,196.80
1 $28.77 $4,986.80 $29.35 $5,087.33
2 $30.20 $5,234.67 $30.81 $5,340.40
3 $31.70 $5,494.67 $32.34 $5,605.60
4 $33.29 $5,770.27 $33.96 $5,886.40
5 $34.95 $6,058.00 $35.65 $6,179.33
1 $33.76 $5,851.73 $34.44 $5,969.60
2 $35.45 $6,144.67 $36.16 $6,267.73
3 $37.23 $6,453.20 $37.98 $6,583.20
4 $39.09 $6,775.60 $39.88 $6,912.53
5 $41.04 $7,113.60 $41.87 $7,257.47
1 $29.61 $5,132.40 $30.21 $5,236.40
2 $31.15 $5,399.33 $31.78 $5,508.53
3 $32.79 $5,683.60 $33.45 $5,798.00
4 $34.51 $5,981.73 $35.21 $6,103.07
5 $36.32 $6,295.47 $37.05 $6,422.00
Forensic Specialist Trainee
GIS Specialist
Graphic and Marketing Specialist
Integrated Waste Dispatcher
Integrated Waste Supervisor
Irrigation Conservation Specialist
GIS Analyst
Forensic Supervisor
Landscape Planner
Librarian
* Actual rates will be calculated by the City's payroll system. 5 of 11 138

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $21.51 $3,728.40 $21.95 $3,804.67
2 $22.57 $3,912.13 $23.03 $3,991.87
3 $23.70 $4,108.00 $24.18 $4,191.20
4 $24.88 $4,312.53 $25.38 $4,399.20
5 $26.14 $4,530.93 $26.67 $4,622.80
1 $17.71 $3,069.73 $18.07 $3,132.13
2 $18.59 $3,222.27 $18.97 $3,288.13
3 $19.52 $3,383.47 $19.92 $3,452.80
4 $20.50 $3,553.33 $20.91 $3,624.40
5 $21.52 $3,730.13 $21.96 $3,806.40
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $30.02 $5,203.47 $30.63 $5,309.20
2 $31.51 $5,461.73 $32.15 $5,572.67
3 $33.09 $5,735.60 $33.76 $5,851.73
4 $34.75 $6,023.33 $35.45 $6,144.67
5 $36.50 $6,326.67 $37.23 $6,453.20
1 $26.91 $4,664.40 $27.45 $4,758.00
2 $28.32 $4,908.80 $28.89 $5,007.60
3 $29.82 $5,168.80 $30.42 $5,272.80
4 $31.37 $5,437.47 $32.00 $5,546.67
5 $33.03 $5,725.20 $33.70 $5,841.33
1 $17.71 $3,069.73 $18.07 $3,132.13
2 $18.59 $3,222.27 $18.97 $3,288.13
3 $19.52 $3,383.47 $19.92 $3,452.80
4 $20.50 $3,553.33 $20.91 $3,624.40
5 $21.52 $3,730.13 $21.96 $3,806.40
1 $21.39 $3,707.60 $21.82 $3,782.13
2 $22.48 $3,896.53 $22.93 $3,974.53
3 $23.59 $4,088.93 $24.07 $4,172.13
4 $24.76 $4,291.73 $25.26 $4,378.40
5 $26.00 $4,506.67 $26.52 $4,596.80
1 $19.88 $3,445.87 $20.28 $3,515.20
2 $20.87 $3,617.47 $21.29 $3,690.27
3 $21.91 $3,797.73 $22.35 $3,874.00
4 $23.01 $3,988.40 $23.48 $4,069.87
5 $24.17 $4,189.47 $24.66 $4,274.40
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.76 $6,718.40 $39.54 $6,853.60
5 $40.70 $7,054.67 $41.52 $7,196.80
1 $26.70 $4,628.00 $27.24 $4,721.60
2 $28.05 $4,862.00 $28.62 $4,960.80
3 $29.45 $5,104.67 $30.04 $5,206.93
4 $30.92 $5,359.47 $31.54 $5,466.93
5 $32.45 $5,624.67 $33.10 $5,737.33
Office Assistant
Office Specialist
Management Analyst
Parking Enforcement Officer
Parks & Maintenance Supervisor
Permit Technician
Library Assistant
Management Assistant
Museum Curator
Library Clerk
* Actual rates will be calculated by the City's payroll system. 6 of 11 139

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $38.85 $6,734.00 $39.63 $6,869.20
2 $40.80 $7,072.00 $41.62 $7,214.13
3 $42.83 $7,423.87 $43.69 $7,572.93
4 $44.97 $7,794.80 $45.87 $7,950.80
5 $47.22 $8,184.80 $48.17 $8,349.47
1 $39.72 $6,884.80 $40.52 $7,023.47
2 $41.67 $7,222.80 $42.51 $7,368.40
3 $43.77 $7,586.80 $44.65 $7,739.33
4 $45.97 $7,968.13 $46.89 $8,127.60
5 $48.26 $8,365.07 $49.23 $8,533.20
1 $25.59 $4,435.60 $26.11 $4,525.73
2 $26.93 $4,667.87 $27.47 $4,761.47
3 $28.35 $4,914.00 $28.92 $5,012.80
4 $29.84 $5,172.27 $30.44 $5,276.27
5 $31.42 $5,446.13 $32.05 $5,555.33
1 $23.23 $4,026.53 $23.70 $4,108.00
2 $24.43 $4,234.53 $24.92 $4,319.47
3 $25.74 $4,461.60 $26.26 $4,551.73
4 $27.09 $4,695.60 $27.64 $4,790.93
5 $28.50 $4,940.00 $29.07 $5,038.80
1 $34.16 $5,921.07 $34.85 $6,040.67
2 $35.88 $6,219.20 $36.60 $6,344.00
3 $37.67 $6,529.47 $38.43 $6,661.20
4 $39.55 $6,855.33 $40.35 $6,994.00
5 $41.53 $7,198.53 $42.37 $7,344.13
1 $21.39 $3,707.60 $21.82 $3,782.13
2 $22.48 $3,896.53 $22.93 $3,974.53
3 $23.59 $4,088.93 $24.07 $4,172.13
4 $24.76 $4,291.73 $25.26 $4,378.40
5 $26.00 $4,506.67 $26.52 $4,596.80
1 $19.88 $3,445.87 $20.28 $3,515.20
2 $20.87 $3,617.47 $21.29 $3,690.27
3 $21.91 $3,797.73 $22.35 $3,874.00
4 $23.01 $3,988.40 $23.48 $4,069.87
5 $24.17 $4,189.47 $24.66 $4,274.40
1 $31.28 $5,421.87 $31.91 $5,531.07
2 $32.83 $5,690.53 $33.49 $5,804.93
3 $34.47 $5,974.80 $35.16 $6,094.40
4 $36.19 $6,272.93 $36.92 $6,399.47
5 $38.01 $6,588.40 $38.78 $6,721.87
1 $34.86 $6,042.40 $35.56 $6,163.73
2 $36.59 $6,342.27 $37.33 $6,470.53
3 $38.43 $6,661.20 $39.20 $6,794.67
4 $40.35 $6,994.00 $41.16 $7,134.40
5 $42.35 $7,340.67 $43.20 $7,488.00
1 $35.15 $6,092.67 $35.86 $6,215.73
2 $36.92 $6,399.47 $37.66 $6,527.73
3 $38.76 $6,718.40 $39.54 $6,853.60
4 $40.69 $7,052.93 $41.51 $7,195.07
5 $42.72 $7,404.80 $43.58 $7,553.87
Public Works Inspector
Project Coordinator
Police Records Supervisor
Police Records Specialist Trainee
Police Records Specialist
Police Grants Analyst
Police Dispatcher Trainee
Plan Checker
Police Dispatch Supervisor
Police Dispatcher
* Actual rates will be calculated by the City's payroll system. 7 of 11 140

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $25.35 $4,394.00 $25.86 $4,482.40
2 $26.61 $4,612.40 $27.15 $4,706.00
3 $27.93 $4,841.20 $28.49 $4,938.27
4 $29.33 $5,083.87 $29.92 $5,186.13
5 $30.79 $5,336.93 $31.41 $5,444.40
1 $25.36 $4,395.73 $25.87 $4,484.13
2 $26.61 $4,612.40 $27.15 $4,706.00
3 $27.94 $4,842.93 $28.50 $4,940.00
4 $29.33 $5,083.87 $29.92 $5,186.13
5 $30.80 $5,338.67 $31.42 $5,446.13
1 $26.90 $4,662.67 $27.44 $4,756.27
2 $28.24 $4,894.93 $28.81 $4,993.73
3 $29.66 $5,141.07 $30.26 $5,245.07
4 $31.14 $5,397.60 $31.77 $5,506.80
5 $32.69 $5,666.27 $33.35 $5,780.67
1 $25.62 $4,440.80 $26.14 $4,530.93
2 $26.90 $4,662.67 $27.44 $4,756.27
3 $28.24 $4,894.93 $28.81 $4,993.73
4 $29.66 $5,141.07 $30.26 $5,245.07
5 $31.14 $5,397.60 $31.77 $5,506.80
1 $39.24 $6,801.60 $40.03 $6,938.53
2 $41.19 $7,139.60 $42.02 $7,283.47
3 $43.25 $7,496.67 $44.12 $7,647.47
4 $45.42 $7,872.80 $46.33 $8,030.53
5 $47.70 $8,268.00 $48.66 $8,434.40
1 $32.68 $5,664.53 $33.34 $5,778.93
2 $34.31 $5,947.07 $35.00 $6,066.67
3 $36.01 $6,241.73 $36.74 $6,368.27
4 $37.81 $6,553.73 $38.57 $6,685.47
5 $39.70 $6,881.33 $40.50 $7,020.00
1 $28.77 $4,986.80 $29.35 $5,087.33
2 $30.20 $5,234.67 $30.81 $5,340.40
3 $31.70 $5,494.67 $32.34 $5,605.60
4 $33.29 $5,770.27 $33.96 $5,886.40
5 $34.95 $6,058.00 $35.65 $6,179.33
1 $28.14 $4,877.60 $28.71 $4,976.40
2 $29.63 $5,135.87 $30.23 $5,239.87
3 $31.19 $5,406.27 $31.82 $5,515.47
4 $32.82 $5,688.80 $33.48 $5,803.20
5 $34.54 $5,986.93 $35.24 $6,108.27
1 $37.00 $6,413.33 $37.74 $6,541.60
2 $38.85 $6,734.00 $39.63 $6,869.20
3 $40.80 $7,072.00 $41.62 $7,214.13
4 $42.83 $7,423.87 $43.69 $7,572.93
5 $44.97 $7,794.80 $45.87 $7,950.80
1 $33.27 $5,766.80 $33.94 $5,882.93
2 $34.93 $6,054.53 $35.63 $6,175.87
3 $36.67 $6,356.13 $37.41 $6,484.40
4 $38.50 $6,673.33 $39.27 $6,806.80
5 $40.44 $7,009.60 $41.25 $7,150.00
Senior Fire Dispatcher
Senior Fire Safety Specialist
Senior Forensic Specialist
Senior Combo Building Inspector
Senior Community Improvement Officer
Senior Environmental Technician
Purchasing Assistant
Recreation/Community Services
Coordinator
Recreation/Community Services
Supervisor
Revenue Services Specialist
* Actual rates will be calculated by the City's payroll system. 8 of 11 141

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $44.44 $7,702.93 $45.33 $7,857.20
2 $46.65 $8,086.00 $47.59 $8,248.93
3 $48.96 $8,486.40 $49.94 $8,656.27
4 $51.43 $8,914.53 $52.46 $9,093.07
5 $54.00 $9,360.00 $55.08 $9,547.20
1 $32.54 $5,640.27 $33.20 $5,754.67
2 $34.26 $5,938.40 $34.95 $6,058.00
3 $36.06 $6,250.40 $36.79 $6,376.93
4 $37.98 $6,583.20 $38.74 $6,714.93
5 $39.97 $6,928.13 $40.77 $7,066.80
1 $24.45 $4,238.00 $24.94 $4,322.93
2 $25.76 $4,465.07 $26.28 $4,555.20
3 $27.11 $4,699.07 $27.66 $4,794.40
4 $28.53 $4,945.20 $29.11 $5,045.73
5 $30.03 $5,205.20 $30.64 $5,310.93
1 $19.46 $3,373.07 $19.85 $3,440.67
2 $20.44 $3,542.93 $20.85 $3,614.00
3 $21.47 $3,721.47 $21.90 $3,796.00
4 $22.53 $3,905.20 $22.99 $3,984.93
5 $23.65 $4,099.33 $24.13 $4,182.53
1 $29.72 $5,151.47 $30.32 $5,255.47
2 $31.21 $5,409.73 $31.84 $5,518.93
3 $32.77 $5,680.13 $33.43 $5,794.53
4 $34.41 $5,964.40 $35.10 $6,084.00
5 $36.13 $6,262.53 $36.86 $6,389.07
1 $28.14 $4,877.60 $28.71 $4,976.40
2 $29.63 $5,135.87 $30.23 $5,239.87
3 $31.19 $5,406.27 $31.82 $5,515.47
4 $32.82 $5,688.80 $33.48 $5,803.20
5 $34.54 $5,986.93 $35.24 $6,108.27
1 $24.79 $4,296.93 $25.29 $4,383.60
2 $26.05 $4,515.33 $26.58 $4,607.20
3 $27.35 $4,740.67 $27.90 $4,836.00
4 $28.71 $4,976.40 $29.29 $5,076.93
5 $30.16 $5,227.73 $30.77 $5,333.47
1 $39.24 $6,801.60 $40.03 $6,938.53
2 $41.19 $7,139.60 $42.02 $7,283.47
3 $43.25 $7,496.67 $44.12 $7,647.47
4 $45.42 $7,872.80 $46.33 $8,030.53
5 $47.70 $8,268.00 $48.66 $8,434.40
1 $35.15 $6,092.67 $35.86 $6,215.73
2 $36.92 $6,399.47 $37.66 $6,527.73
3 $38.76 $6,718.40 $39.54 $6,853.60
4 $40.69 $7,052.93 $41.51 $7,195.07
5 $42.71 $7,403.07 $43.57 $7,552.13
1 $33.49 $5,804.93 $34.16 $5,921.07
2 $35.16 $6,094.40 $35.87 $6,217.47
3 $36.93 $6,401.20 $37.67 $6,529.47
4 $38.76 $6,718.40 $39.54 $6,853.60
5 $40.70 $7,054.67 $41.52 $7,196.80
Senior Police Dispatcher
Senior Public Works Inspector
Senior Recreation/Community Services
Supervisor
Street Maintenance Supervisor
Senior Police Records Specialist
Senior Permit Technician
Senior Library Clerk
Senior Library Assistant
Senior Librarian
Senior Landscape Planner
* Actual rates will be calculated by the City's payroll system. 9 of 11 142

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $37.42 $6,486.13 $38.17 $6,616.13
2 $39.40 $6,829.33 $40.19 $6,966.27
3 $41.47 $7,188.13 $42.30 $7,332.00
4 $43.64 $7,564.27 $44.52 $7,716.80
5 $45.95 $7,964.67 $46.87 $8,124.13
1 $21.51 $3,728.40 $21.95 $3,804.67
2 $22.57 $3,912.13 $23.03 $3,991.87
3 $23.70 $4,108.00 $24.18 $4,191.20
4 $24.88 $4,312.53 $25.38 $4,399.20
5 $26.14 $4,530.93 $26.67 $4,622.80
1 $36.01 $6,241.73 $36.74 $6,368.27
2 $37.81 $6,553.73 $38.57 $6,685.47
3 $39.71 $6,883.07 $40.51 $7,021.73
4 $41.70 $7,228.00 $42.54 $7,373.60
5 $43.77 $7,586.80 $44.65 $7,739.33
1 $32.75 $5,676.67 $33.41 $5,791.07
2 $34.39 $5,960.93 $35.08 $6,080.53
3 $36.12 $6,260.80 $36.85 $6,387.33
4 $37.91 $6,571.07 $38.67 $6,702.80
5 $39.81 $6,900.40 $40.61 $7,039.07
1 $25.62 $4,440.80 $26.14 $4,530.93
2 $26.90 $4,662.67 $27.44 $4,756.27
3 $28.24 $4,894.93 $28.81 $4,993.73
4 $29.66 $5,141.07 $30.26 $5,245.07
5 $31.14 $5,397.60 $31.77 $5,506.80
1 $35.24 $6,108.27 $35.95 $6,231.33
2 $36.99 $6,411.60 $37.73 $6,539.87
3 $38.84 $6,732.27 $39.62 $6,867.47
4 $40.79 $7,070.27 $41.61 $7,212.40
5 $42.82 $7,422.13 $43.68 $7,571.20
1 $30.19 $5,232.93 $30.80 $5,338.67
2 $31.70 $5,494.67 $32.34 $5,605.60
3 $33.27 $5,766.80 $33.94 $5,882.93
4 $34.93 $6,054.53 $35.63 $6,175.87
5 $36.67 $6,356.13 $37.41 $6,484.40
1 $35.24 $6,108.27 $35.95 $6,231.33
2 $36.99 $6,411.60 $37.73 $6,539.87
3 $38.84 $6,732.27 $39.62 $6,867.47
4 $40.79 $7,070.27 $41.61 $7,212.40
5 $42.82 $7,422.13 $43.68 $7,571.20
1 $37.00 $6,413.33 $37.74 $6,541.60
2 $38.85 $6,734.00 $39.63 $6,869.20
3 $40.80 $7,072.00 $41.62 $7,214.13
4 $42.83 $7,423.87 $43.69 $7,572.93
5 $44.97 $7,794.80 $45.87 $7,950.80
1 $37.00 $6,413.33 $37.74 $6,541.60
2 $38.85 $6,734.00 $39.63 $6,869.20
3 $40.80 $7,072.00 $41.62 $7,214.13
4 $42.83 $7,423.87 $43.69 $7,572.93
5 $44.97 $7,794.80 $45.87 $7,950.80
Water Resources Coordinator
Water Quality Specialist
Water Production Supervisor
Water Production Operator
Utilities Supervisor
Utilities Customer Services Specialist
Supervising Librarian
Supervising Library Clerk
Survey Party Chief
Survey Technician
* Actual rates will be calculated by the City's payroll system. 10 of 11 143

APPENDIX A - SALARY GRADE TABLE
2021-2023 TEAMSTERS MOU
Classification Step Hourly Rate Monthly Rate Hourly Rate Monthly Rate Approximate Salaries*
July 4, 2021 July 3, 2022
1 $30.36 $5,262.40 $30.97 $5,368.13
2 $31.87 $5,524.13 $32.51 $5,635.07
3 $33.47 $5,801.47 $34.14 $5,917.60
4 $35.13 $6,089.20 $35.84 $6,212.27
5 $36.90 $6,396.00 $37.64 $6,524.27
Water/Wastewater Technician
* Actual rates will be calculated by the City's payroll system. 11 of 11 144

1 CITY OF ONTARIO

EMPLOYEE GRIEVANCE FORM

Bargaining Unit #5 – Professional/ Technical
Employee Organization: Teamsters Local 1932

Name of Grievant:

Classification:

Phone: (w) (h) Dept:

Home Address:

Emp. Representative: Rep. Phone:

Rep. Mailing Address:

Employee: Signature:

Check Filing Level

II - *Must be filed within 10 working days from Level I response. Date filed:

III - *Must be filed within 10 working days from Level II response. Date filed:

IV - *Must be filed within 10 working days from Level III response. Date filed:

*Timelines may be extended by mutual agreement.

Each filing must be accompanied by a written statement indicating the reason why the proposed settlement at the prior level was not satisfactory.

Provide clear and concise statements.

Cite specific term(s) of MOU, City Rule, Regulation or policy, regarding working conditions alleged to have been violated:

Nature of the Problem: (The action grieved including pertinent names, dates, places and times and how it violated a specific term(s) of this MOU, City Rule, Regulation or policy regarding working conditions):

Proposed Solution:

Date of Level I Response:

Appendix B
145
- 2 -

FORMAL LEVEL RESPONSES

Level II Response: Department Head - Meet within 10 working days after receipt of grievance. *Respond within 10 working days from Level II meeting date.

Name and Title:

Signature: Date:

Level III Response: Agency Head - *Respond within 10 working days from receipt of grievance.

Name and Title:

Signature: Date:

Level IV Response: City Manager - *Respond within 10 working days after Level IV grievance meeting.

Name and Title:

Signature: Date:

*Response time may be extended by mutual agreement. Revised: 2/22/2006 146

Compensation and
Benefits Profile

For

City of Ontario

Part-Time
Employees

February 15, 2022

147
Part-Time Employee Group Profile February 15, 2022

Page 2 ends

Ontario City CouncilFebruary 15, 2022

Ontario City Council
February 15, 2022