Agenda packet — Ontario City Council, August 15, 2023 (part 2 of 3)

Property address: 1217 East Holt Boulevard, Ontario, Ca 91761

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-21

THAT PORTION OF THE SOUTH 287.00 FEET OF THE WEST 188.90 FEET OF THE EAST 3 ACRES OF THE WEST 5 ACRES OF LOT 1017, THE MAP OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SA N BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 11 OF MAPS, PAGE 6, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF PARCEL 2, AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 19 PAGE 70, RECORD OF SURVEYS, RECORDS OF SAID COUNTY, WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF - WIDTH), AS DESCRIBED IN A DOCUMENT RECORDED ON NOVEMBER 29, 2006 AS INSTRUMENT NUMBER 2006-0808149 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 10.14 FEET TO A POINT LYING 73.14

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF HOLT BOULEVARD (63.00 FEET HALF -WIDTH), AS SAID CENTERLINE IS SHOWN PER SAID RECORD OF SURVEY, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 36’ 06” WEST, 188.90 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL 2 , SAID POINT OF INTERSECTION LYING 73.15 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID WESTERLY LINE, 10.00 FEET;

THENCE LEAVING SAID WESTERLY LINE AND TRAVERSING THE INTERIOR OF SAID PARCEL 2, THE FOLLOWING TWELVE (12) COURSES:

1) NORTH 00° 21’ 49” WEST, 10.00 FEET;
2) NORTH 89° 36’ 06” EAST, 19.78 FEET;
3) SOUTH 00° 24' 08" WEST, 2.20 FEET;
4) SOUTH 89° 01' 51" EAST, 24.83 FEET;
5) NORTH 00° 50' 47" WEST, 5.00 FEET;
6) NORTH 89° 09' 13" EAST, 37.42 FEET;
7) SOUTH 00° 53' 23" EAST, 7.00 FEET;
8) NORTH 89° 22' 12" EAST, 95.42 FEET;
9) NORTH 00° 19' 54" WEST, 8.28 FEET;
10) NORTH 88° 20' 25" EAST, 5.44 FEET;
11) NORTH 00° 23' 54" WEST, 16.41 FEET;
12) NORTH 89° 36’ 06” EAST, 6.04 FEET; TO SAID EASTERLY LINE OF SAID PARCEL 2;

THENCE SOUTH 00°21’49” EAST, ALONG SAID EASTERLY LINE, 30.70 FEET, TO THE TRUE POINT OF BEGINNING.

268

EXHIBIT “A”

LEGAL DESCRIPTION

Page 2 of 2 ends

Property address: 1217 East Holt Boulevard, Ontario, Ca 91761

THE LAND DESCRIBED HEREIN CONTAIN 1,652 SQUARE FEET MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
269
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
270

EXHIBIT C
Assessor Parcel No. 0110-061-24
271
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

Property owner(s) shall not erect or construct, or permit to be erected or constructed, any building, structure or improvement on, over, or under any portion of the easement, or plant trees or any other vegetation on any portion of the easement except with the prior written consent of the City, its successors and assigns.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Property owner(s) shall not cause, directly, indirectly or negligently, any interference with or harm to the rights conveyed hereunder.
"Temporary construction easement" or "TCE" refers to the temporary and non- exclusive right of the City of Ontario ("City"), its successors and assigns, to engage in construction and related activities for purposes of constructing the City's project known as the Grove Avenue and Holt Boulevard Intersection Widening Project ("Project"), together with all necessary rights of ingress and egress to the easement area in connection with the exercise of any of the easement rights.

The rights under this Temporary Construction easement are non-exclusive and the owner(s) may make use of the TCE area so long as it does not interfere with the rights, purpose, and intent of the City's use of the Temporary Construction Easement.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 272
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

In the event the City is unable to complete the Project before the expiration of the Temporary Construction Easement period, the City reserves the right to extend the TCE period for up to an additional 12 months upon: (i) 72 hours' notice of the need for any such extension, and (ii) payment of just compensation for each month the TCE is extended in an amount agreed-upon by the City and the owner(s), or in the event there is no such agreement, the probable amount of just compensation that is determined by a qualified appraisal.

Non-Permitted Activities by Property Owner(s):

Through the duration of the TCE, the property owner and their successor or assigns may not, without the express written consent of the City: (i) erect or permit the erection of any building, wall, fence or other structure within the Temporary Construction Easement area; (ii) plant nor permit the planting of any tree(s), plant(s) or other vegetation or flora on any portion of the Temporary Construction Easement are; (iii) undertake or permit the undertaking of any activity that may interfere with the City's use of the Temporary Construction Easement and exercise of all rights and privileges thereof; or (iv) grant any other easements on, under or over the Temporary Construction Easement area that would interfere with the City's use or purpose of the TCE.

Permitted Activities by the City:

Through the duration of the TCE, the City, its employees, agents, representatives, contractors, subcontractors, and workmen shall be allows to: (i) perform all activities as may be necessary to facilitate the purposes of the Temporary Construction Easement; (ii) use, control and occupy the Temporary Construction Easement Parcel on a non-exclusive basis; (iii) have access to, ingress to, and egress from the Temporary Construction Easement Parcel; (iv) use and temporarily place and operate tools, equipment, machinery and materials on the Temporary Construction Easement Parcel; and (v) trim, cut, or clear away any trees, brush or other vegetation or flora, including the roots thereof, located within the Temporary Construction Easement Parcel.

Obligations of the Ciq:

The City agrees, by and for itself, its assigns, heirs and voluntary and involuntary successors in interest to the Temporary Construction Easement, that upon completion of that portion of the Project abutting to the Property, the City shall: (i) repair or replace in kind, at the City's sole discretion and expense, any improvements such as fences, gates and other "hard" features that the property owner(s) did not receive compensation for, existing on the Temporary Construction Easement Parcel that are damaged as a result of the City's exercise of its rights and privileges under the Temporary Construction Easement; and (ii) leave the Temporary Construction Easement Parcel in a clear, graded state with no construction debris present.
273
SHEET 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1315 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\11 (APN 0110-061-24)\11 (APN 0110-061-24)PE Legal Description Rev (060623).docx

(PERMANENT EASEMENT)

APN 0110-061-24

BEING A PORTION OF PARCEL 1 OF PARCEL MAP 10241, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 133, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (50.00 FEET HALF-WIDTH), AS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 11.00 FEET TO A POINT LYING 60.95

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO , THE CENTERLINE OF SAID HOLT BOULEVARD, AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 16’ 01” WEST, 167.12 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL, SAID INTERSECTION LYING 67.23 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID WESTERLY LINE, 7.23 FEET;

THENCE SOUTH 00° 24’ 12” EAST, ALONG SAID WESTERLY LINE, 10.00 FEET, TO THE INTERSECTION WITH SAID NORTHERLY RIGHT OF WAY LINE;

THENCE NORTH 89° 35’ 48” EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 167.00 FEET TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 2357 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
274
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
275
SHEET 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1315 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\11 (APN 0110-061-24)\11 (APN 0110-061-24)TCE Legal Description revised (060623).docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-24

COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (50.00 FEET HALF-WIDTH), AS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 10.95 FEET TO A POINT LYING 60.95

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF SAID HOLT

BOULEVARD, AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 1 6’ 01” WEST, 167.12 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL, SAID INTERSECTION LYING 67.23 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID WESTERLY LINE, 0.97 FEET;

THENCE LEAVING SAID WESTERLY LINE, SOUTH 88° 54’ 33” EAST, 93.87 FEET;

THENCE NORTH 00° 27’ 11” WEST, 17.13 FEET;

THENCE NORTH 89° 36’ 06” EAST, 73.19 FEET TO THE INTERSECTION WITH SAID EASTERLY LINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID EASTERLY LINE, 21.87 FEET TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 1,641 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE 276
277

EXHIBIT D
Assessor Parcel No. 0110-061-25
278
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 279
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1241 EAST HOLT BOULEVARD, ONTARIO, CA 91761

(PERMANENT EASEMENT)

APN 0110-061-25

BEING A PORTION OF PARCEL 1 OF PARCEL MAP 10958, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 135 PAGES 14 AND 15, OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (60.00 FEET HALF-WIDTH), AS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 13.12 FEET TO A POINT LYING 73.12

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF SAID HOLT BOULEVARD, AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP;

THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 36’ 06” WEST, 168.21 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL , SAID INTERSECTION LYING 73.14 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE SOUTH 00° 21’ 4 9” EAST, ALONG SAID WESTERLY LINE, 1 0.14 FEET, TO THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF WIDTH);

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 00° 21’ 49” EAST 3.00 FEET TO SAID AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (60.00 FEET HALF WIDTH);

THENCE NORTH 89° 35’ 48” EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 168.20 FEET TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAIN 2208 SQUARE FEET, MORE OR LESS

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
281
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
282
SHEET 1 OF 2
EXHIBIT “A”

LEGAL DESCRIPTION

PROPERTY ADRESS: 1241 EAST HOLT BOULEVARD, ONTARIO, CA 91761.

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\8 (APN 0110-061-25)\8 (APN 0110-061-25)TCE Legal Description revised (060823).docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-25

COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (60.00 FEET HALF-WIDTH), AS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID EASTERLY LINE, 10.14 FEET TO A POINT LYING 73.12

FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO , THE CENTERLINE OF SAID HOLT

BOULEVARD, AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 36’ 06” WEST, 168.21 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID PARCEL, SAID INTERSECTION LYING 73.14 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE NORTH 00°21’49” WEST, ALONG SAID WESTERLY LINE, 30.70 FEET;

THENCE LEAVING SAID WESTERLY LINE AND TRAVERSING THE INTERIOR OF SAID PARCEL THE FOLLOWING ELEVEN (11) COURSES:

1) NORTH 89° 36’ 06” EAST, 4.29 FEET;
2) SOUTH 00° 02' 05" WEST, 16.21 FEET;
3) NORTH 89° 40' 35" EAST, 25.31 FEET;
4) SOUTH 01° 52' 03" WEST, 7.98 FEET;
5) NORTH 89° 28' 38" EAST, 26.74 FEET;
6) NORTH 01° 48 '06" WEST, 6.76 FEET;
7) NORTH 89° 36’ 06” EAST, 45.74 FEET;
8) SOUTH 00° 29’ 15” EAST, 6.81 FEET;
9) NORTH 89° 30’ 45” EAST, 61.37 FEET;
10) NORTH 00° 29' 15" WEST, 19.95 FEET;
11) SOUTH 89° 56' 01" EAST, 5.38 FEET, TO THE INTERSECTION WITH SAID EASTERLY LINE;

THENCE SOUTH 00°21’49” EAST, ALONG SAID EASTERLY LINE, 26.50 FEET TO THE TRUE POINT OF

BEGINNING

THE LAND DESCRIBED HEREIN CONTAIN 1,816 SQUARE FEET, MORE OR LESS

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

283
SHEET 2 OF 2
EXHIBIT “A”

LEGAL DESCRIPTION

PROPERTY ADRESS: 1241 EAST HOLT BOULEVARD, ONTARIO, CA 91761.

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\8 (APN 0110-061-25)\8 (APN 0110-061-25)TCE Legal Description revised (060823).docx

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
284
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
285

EXHIBIT E
Assessor Parcel No. 0110-061-30
286
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 287
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1253 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\10 (APN 0110-061-30)\10 (APN 0110-061-30) PE Legal Description - Rev (060623).docx

(PERMANENT EASEMENT)

APN 0110-061-30

BEING A PORTION OF LOT A OF T RACT 17993, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP ON FILE IN BOOK 317, PAGES 33 AND 34, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A;

THENCE NORTH 00° 21’ 49” WEST, ALONG THE EASTERLY LINE OF SAID LOT A, 7.23 FEET TO A POINT LYING 67.23 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF HOLT BOULEVARD (60.00 FEET HALF -WIDTH), AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 15’ 02” WEST, 48.30 FEET TO THE INTERSECTION WITH TH E WESTERLY LINE OF SAID LOT A, SAID POINT LYING 69.04 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID WESTERLY LINE, 9.04 FEET TO THE INTERSECTION

WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID H OLT BOULEVARD, AS SAID NORTHERLY RIGHT OF WAY LINE IS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 89° 35’ 48” EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 48.27 FEET TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 393 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
289
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
290
SHEET 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1253 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\10 (APN 0110-061-30)\10 (APN 0110-061-30) Tce Legal Description - revised 060623.docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-30

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT A;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 15’ 02” WEST, 48.30 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LOT A, SAID POINT LYING 69.04 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE NORTH 00° 21’ 49” WEST, ALONG SAID WESTERLY LINE, 22.90 FEET;

THENCE LEAVING SAID WESTERLY LINE, NORTH 89° 36’ 06” EAST, 48.27 FEET TO THE INTERSECTION WITH SAID EASTERLY LINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID EASTERLY LINE, 24.71 FEET TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 1,149 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
291
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
292

EXHIBIT F
Assessor Parcel No. 0110-061-31
293
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 294
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1253 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\9 (APN 0110-061-31)\9 (APN 0110-061-31)PE Legal Description Rev (060623).docx

(PERMANENT EASEMENT)

APN 0110-061-31

BEING A PORTION OF LOT B OF TRACT 17993, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 317, PAGES 33 AND 34, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B;

THENCE NORTH 00° 21’ 49” WEST, ALONG THE EASTERLY LINE OF SAID LOT B, 9.04 FEET TO A POINT LYING 69.04 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF HOLT BOULEVARD (60.00 FEET HALF -WIDTH), AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 15’ 02” WEST, 108.61 FEET;

THENCE SOUTH 89° 36’ 06” WEST, 2.30 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LOT B, SAID POINT LYING 73.12 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE SOUTH 00° 21’ 49” EAST, ALONG SAID WESTERLY LINE, 13.12 FEET TO THE INTERSECTION

WITH THE NORTHERLY RIGHT OF WAY LINE OF SAID HO LT BOULEVARD, AS SAID NORTHERLY RIGHT OF WAY LINE IS SHOWN ON SAID PARCEL MAP;

THENCE NORTH 89° 35’ 48” EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 110.83 FEET TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 1,233 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
296
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
297
SHEET 1 OF 1
EXHIBIT “A”

LEGAL DESCRIPTION

PROPERTY ADDRESS: 1253 EAST HOLT BOULEVARD, ONTARIO, CA 91761 P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\9 (APN 0110-061-31)\9 (APN 0110-061-31)TCE Legal Description revised (060623).docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-061-31

COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT B;

THENCE LEAVING SAID EASTERLY LINE, NORTH 88° 15’ 02” WEST, 108.61 FEET;

THENCE SOUTH 89° 36’ 06” WEST, 2.30 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID LOT B, SAID POINT LYING 73.12 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE;

THENCE NORTH 00° 21' 49" WEST, ALONG SAID WESTERLY LINE, 26.50 FEET;

THENCE LEAVING SAID WESTERLY LINE AND TRAVERSING THE INTERIOR OF SAID LOT B THE FOLLOWING FIVE (5) COURSES:

1) SOUTH 89° 56' 01" EAST, 23.80 FEET;
2) SOUTH 01° 51' 32" EAST, 4.47 FEET;
3) NORTH 89° 36’ 06” EAST, 62.45 FEET;
4) SOUTH 00°59' 05" EAST, 3.00 FEET;
5) NORTH 89° 36’ 06” EAST, 24.43 FEET TO THE INTERSECTION WITH SAID EASTERLY LINE;

THENCE SOUTH 00° 21' 49" EAST, ALONG SAID EASTERLY LINE, 22.90 FEET TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 2,676 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
298
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
299

EXHIBIT G
Assessor Parcel No. 0110-131-20
300
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 301
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

EXHIBIT “A”

LEGAL DESCRIPTION

Page 1 of 2 ends

PROPERTY ADDRESS: 1228 EAST HOLT BOULEVARD, ONTARIO, CA 91761

(TEMPORARY CONSTRUCTION EASEMENT)

APN 0110-131-20

THOSE PORTIONS OF LOT 4, ACCORDING TO THE MAP OF HANSON AND COMPANY'S SECOND

ADDITION TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12, PAGE 38 OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:

PARCEL 1

COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4;

THENCE ALONG THE NOR THERLY LINE OF SAID LOT 4 (BEING PARALLEL WITH AND 40.00 FEET SOUTHERLY OF THE CENTERLINE OF HOLT BOULEVARD), NORTH 89° 35’ 48” EAST, 268.67 FEET;

THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00° 24’ 12” EAST, 20.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID HOLT BOULEVARD, BEI NG 60.00 FEET FROM THE CENTERLINE OF SAID HOLT BOULEVARD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;

THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE COURSES:

1. NORTH 89°35' 48" EAST, 19.33 FEET;

2. SOUTH 00° 24' 12" EAST, 3.00 FEET;

3. NORTH 89° 35' 48" EAST, 60.87 FEET;

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 00° 20' 40" EAST, 38.07 FEET;

THENCE SOUTH 89° 35’ 48” WEST, 68.42 FEET;

THENCE NORTH 00° 20' 42" WEST, 31.70 FEET;

THENCE SOUTH 88° 51' 19" WEST, 11.96 FEET;

THENCE NORTH 00° 42' 25" EAST, 9.52 FEET, TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 2740 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
303

EXHIBIT “A”

LEGAL DESCRIPTION

Page 2 of 2 ends

PROPERTY ADDRESS: 1228 EAST HOLT BOULEVARD, ONTARIO, CA 91761

PARCEL 2

COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4;

THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, NORTH 89° 35’ 48” EAST, 549.40 FEET;

THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00° 24’ 12” EAST, 23.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID HOLT BOULEVARD, BEING 63.00 FEET FROM THE CENTERLINE OF SAID HOLT BOULEVARD, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THREE COURSES:

1. NORTH 89° 35' 48" EAST, 39.25 FEET;

2. NORTH 00° 24’ 12” WEST, 3.00 FEET;

3. NORTH 89° 35’ 48” EAST, 4.50 FEET;

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 00° 04' 05" EAST, 12.25 FEET;

THENCE SOUTH 89° 35’ 48” WEST, 43.62 FEET;

THENCE NORTH 00° 46' 39" WEST, 9.25 FEET TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 418 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
304
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
305
306

EXHIBIT H
Assessor Parcel No. 1048-472-15
307
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 308
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

Page 1 of 2 ends

PROPERTY ADDRESS: 1182 EAST NOCTA STREET, ONTARIO, CA 91764

(PERMANENT EASEMENT)

APN 1048-472-15

BEING A PORTION OF THE NORTH 220.00 FEET OF THE EAST 1.95 ACRES OF LOT 9 OF THE REVISED MAP OF HANSON’S AND COMPANY’S ADDITION TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 12, PAGE 51 OF MAPS,

FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF VACATED GROVE AVENUE DESCRIBED AS FOLLOWS:

COMMENCING AT CENTERLINE INTERSECTION OF NOCTA AVENUE (33.00 FEET HALF -WIDTH) AND GROVE AVENUE (33.00 FEET HALF -WIDTH) AS SHOWN ON PARCEL 1, OF PARCEL MAP NO. 19877, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN MAP BOOK 251, PAGES 74 THROUGH 77, INCLUSIVE, RECORDS OF SAID COUNTY;

THENCE ALONG SAID CENTERLINE OF GROVE AVENUE, SOUTH 00° 21’ 49” WEST, 33.09 FEET;

THENCE SOUTH 89° 38’ 11” WEST, 43.09 FEET, PERPENDICULAR TO SAID CENTERLINE, TO THE

EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY OF SAID NOCTA AVENUE AS DESCRIBED IN GRANT DEED BOOK 4420 PAGES 342 A ND 343 SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE SOUTH 0° 21’ 10” EAST, 187.51 FEET , TO THE MOST NORTERLY LINE OF PARCEL B OF LOT LINE ADJUSTMENT NUMBER LLA 19-012, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 11, 2020 AS INSTRUMENT NUMBER 2020-0341117 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE NORTH 89° 38’ 11” EAST, 10.13 FEET ALONG SAID MOST NORTHERLY LINE OF PARCEL B, TO THE WESTERLY RIGHT OF WAY OF SAID GROVE AVENUE;

THENCE NORTH 00° 21’ 49” WEST, 187.51 FEET ALONG SAID WESTERLY RIGHT OF WAY TO SAID SOUTHERLY RIGHT OF WAY OF SAID NOCTA AVENUE;

THENCE SOUTH 89° 38’ 11” WEST, 10.09 FEET, ALONG SAID SOUTHERLY RIGHT OF WAY TO THE TRUE POINT OF BEGINNING.

310

Page 2 of 2 ends

PROPERTY ADDRESS: 1182 EAST NOCTA STREET, ONTARIO, CA 91764

THE LAND DESCRIBED HEREIN CONTAINS 1895 SQUARE FEET, MORE OR LESS

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
311
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
312

EXHIBIT I
Assessor Parcel No. 1048-472-22
313
314
315
316
317
318
319

EXHIBIT J
Assessor Parcel No. 1048-472-24 and
Assessor Parcel No. 1048-472-25
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335

EXHIBIT K
Assessor Parcel No. 1049-141-24
336
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 337
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION

PROPERTY ADDRESS: 1194 EAST HOLT BOULEVARD, ONTARIO, CA 91761

(PERMANENT EASEMENT)

APN 1049-141-24

BEING A PORTION OF LOT 10, OF THE REVISED MAP OF THE HANSON AND COMPANY’S ADDITION

TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE 51 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10, SAID CORNER BEING 40.00 FEET SOUTH, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HOLT BOULEVARD (40 FEET HALF WIDTH);

THENCE SOUTH 89° 37’ 40” WEST, 150.51 FEET ALONG THE NORTHERLY LINE OF SAID LOT 10 , TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN A DEED RECORDED ON MARCH 15, 2010 AS INSTRUMENT NUMBER 2010-0100162 OF OFFICIAL RECORDS OF SAID COUNTY;

THENCE SOUTH 00° 22' 20" EAST, 23.00 FEET, ALONG THE WESTERLY LINE OF SAID DEED, TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF-WIDTH), AS DESCRIBED IN IN A DEED TO THE CITY OF ONTARIO RECORDED ON MARCH 13, 2007 AS INSTRUMENT NUMBER 2007-0157520 OF SAID OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE SOUTH 00° 22' 20" EAST, 1.04 FEET ALONG SAID WESTERLY LINE, TO A POINT LYING 64.04

FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLE S TO, SAID CENTERLINE OF HOLT BOULEVARD;

THENCE LEAVING SAID WESTERLY LINE, NORTH 89° 36” 55” EAST, 102.25 FEET TO THAT CERTAIN COURSE DESCRIBED AS, “SOUTH 48° 24’ 59” EAST, 46.46 FEET” IN SAID DEED,

THENCE NORTH 45° 21’ 38” WEST, 1.44 FEET, ALONG SAID COURSE TO SAID SOUTHERLY RIGHT OF WAY OF HOLT BOULEVARD;

THENCE SOUTH 89° 37’ 40” WEST, 101.23 FEET, ALONG SAID SOUTHERLY RIGHT OF WAY, TO THE TRUE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 105 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/34
6/08/23
339
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/34
6/08/23
340
SHEET 1 OF 3
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1194 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\17 (APN 1049-141-24)\17 TCE (APN 1049-141-24) Legal Description (060623).docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 1049-141-24

BEING THAT PORTION OF LOT 10, OF THE REVISED MAP OF THE HANSON AND COMPANY’S

ADDITION TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 12, PAGE 51 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID COUNTY,

SAID PORTIONS TO BE DEDICATED DESCRIBED AS FOLLOWS:

PARCEL 1

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10, SAID CORNER BEING 40.00 FEET SOUTH, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HOLT BOULEVARD (40 FEET HALF WIDTH);

THENCE SOUTH 00° 22' 20" EAST, 1.04 FEET ALONG THE WESTERLY LINE OF SAID DEED, TO A POINT LYING 64.04 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE OF HOLT BOULEVARD, SAID POINT BEING THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID WESTERLY LINE, NORTH 89° 36’ 55” EAST, A DISTANCE OF 102.25 FEET TO THAT CERTAIN COURSE DESCRIBED AS, “SOUTH 48° 24’ 59” EAST, 46.46 FEET” IN SAID INSTRUMENT NUMBER 2007-0157520;

THENCE ALONG SAID CERTAIN COURSE, SOUTH 45° 21' 38" EAST, 45.02 FEET TO THE WESTERLY

RIGHT OF WAY OF GROVE AVENUE (VARIABLE WIDTH ) AS SHOWN ON SAID INSTRUMENT NUMBER 2007-0157520;

THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 07° 39' 05" EAST, 6.14 FEET;

THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 46° 34' 56" WEST, 33.14 FEET;

THENCE SOUTH 89° 36’ 55” WEST, 110.9 3 FEET TO SAID WESTERLY LINE OF SAID INSTRUMENT NUMBER 2007-0157520;

THENCE NORTH 00° 22' 20" WEST, 15.00 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING.

341
SHEET 2 OF 3
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1194 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\17 (APN 1049-141-24)\17 TCE (APN 1049-141-24) Legal Description (060623).docx

(TEMPORARY CONSTRUCTION EASEMENT)

THE LAND DESCRIBED HEREIN CONTAINS 1763 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PARCEL 2

COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10, SAID CORNER BEING 40.00 FEET SOUTH, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF HOLT BOULEVARD (40 FEET HALF WIDTH);

THENCE SOUTH 00° 22' 20" EAST, 1.04 FEET ALONG THE WESTERLY LINE OF SAID DEED, TO A POINT LYING 64.04 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE OF HOLT BOULEVARD;

THENCE ALONG SAID CERTAIN COURSE, SOUTH 45° 21' 38" EAST, 45.02 FEET TO THE WESTERLY

RIGHT OF WAY OF GROVE AVENUE (VARIABLE WIDTH) AS SHOWN ON SAID INSTRUMENT NUMBER 2007-0157520;

THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 07° 39' 05" EAST, 28.29 FEET TO THE TRUE POINT OF BEGINING;

THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 07° 39' 05" EAST, 44.37 FEET;

THENCE LEAVING SAID WESTERLY RIGHT OF WAY, NORTH 30° 53' 45" WEST, 6.77 FEET;

THENCE NORTH 03° 38' 56" WEST, 38.25 FEET TO THE TRUE POINT OF BEGINNING.

342
SHEET 3 OF 3
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1194 EAST HOLT BOULEVARD, ONTARIO, CA 91761

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(TEMPORARY CONSTRUCTION EASEMENT)

THE LAND DESCRIBED HEREIN CONTAINS 59 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

__________________________________________
JOHN M. GONZALES, PLS 9065 DATE
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
343
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
344
345
346

EXHIBIT L
Assessor Parcel No. 1049-141-25
347
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 348
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION

PROPERTY ADDRESS: 1120 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\14 (APN 1049-141-25)\14 (APN 1049-141-25)TCE Legal Description Rev 060623.docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 1049-141-25

BEING A PORTION OF PARCEL 1 OF PARCEL MAP 9520, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 106, PAGES 23 AND 24 OF

PARCEL MAPS, IN T HE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE WESTERLY LINE SAID PARCEL 1, SAID POINT BEING PERPENDICULAR WITH AND 60.00 FEET SOUTHERLY OF THE CENTERLINE OF HOLT BOULEVARD, AS SAID CENTERLINE IS SHOWN ON SAID PARCEL MAP;
THENCE SOUTH 00° 22' 20" EAST, 10.04 FEET, ALONG THE WESTLERLY LINE OF SAID PARCEL 1; THENCE LEAVING SAID WESTERLY LINE, NORTH 89° 48' 13" EAST, 20.92 FEET; THENCE SOUTH 00° 23' 05" EAST, 8.06 FEET;
THENCE NORTH 89° 37' 40" EAST, 38.00 FEET;
THENCE NORTH 00° 23' 05" WEST, 5.06 FEET;
THENCE NORTH 65° 17' 15" EAST, 17.27 FEET;
THENCE NORTH 89° 36' 55" EAST, 106.75 FEET TO THE EASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID EASTERLY LINE, NORTH 00° 22' 20" WEST, 5.97 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD PER INSTRUMENT NUMBER 88-125539 RECORDED APRIL 27, 1988, OFFICIAL RECORDS OF SAID COUNTY (60.00 FEET HALF WIDTH); THENCE WESTERLY ALONG SAID RIGHT OF WAY LINE, SOUTH 89° 37' 40" WEST, 181.40 FEET TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 1690 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
350
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
351

EXHIBIT M
Assessor Parcel No. 1049-141-30
352
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 353
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1172 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\16 (APN 1049-141-30)\16TCE (APN 1049-141-30) Legal Description revised 060623.docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 1049-141-30

BEING A PORTION OF PARCEL A, AS SHOWN ON LOT LINE ADJUSTMENT OR PARCEL MERGER NO.

LLA 17-006, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 4, 2019, AS INSTRUMENT NO. 2019- 0004693 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL A, SAID POINT BEING PERPENDICULAR WITH AND 69.04 FEET SOUTHERLY OF THE CENTERLINE OF HOLT BOULEVARD (64.00 FEET HALF WIDTH) AS SAID CENTERLINE IS SHOWN ON PARCEL MAP 9520, FILED IN BOOK 106 PAGES 23 AND 24 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 36' 55" WEST, 126.85 FEET;

THENCE NORTH 0° 23' 05" WEST, 1.07 FEET;

THENCE SOUTH 89° 37' 40" WEST, 34.40 FEET;

THENCE SOUTH 0° 00' 00" WEST, 4.00 FEET;

THENCE SOUTH 89° 37' 40" WEST, 48.59 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL A, SAID POINT BEING PERPENDICULAR WITH AND 72.00 FEET SOUTHERLY OF CENTERLINE OF SAID HOLT BOULEVARD (63.00 FEET HALF WIDTH);

THENCE ALONG SAID WESTERLY LINE, NORTH 0° 22' 20" WEST, 9.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID HOLT BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89° 37' 40" EAST, 55.88 FEET;

THENCE SOUTH 0° 22' 20" EAST, 1.00 FEET;

THENCE NORTH 89° 37' 40" EAST, 153.99 FEET TO SAID EASTERLY LINE;

THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 0° 22' 20" EAST, 5.04 FEET, ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.

355
SHEET 2 OF 2
EXHIBIT “A”

LEGAL DESCRIPTION
PROPERTY ADDRESS: 1172 EAST HOLT BOULEVARD, ONTARIO, CA 91761

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THE LAND DESCRIBED HEREIN CONTAINS 1224 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE M ADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
356
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
357

EXHIBIT N
Assessor Parcel No. 1049-141-31
358
Legal Definitions
"Permanent Easement" refers to a non-exclusive permanent and perpetual easement and right of way in favor of the City of Ontario (the "City"), and to its successors, and assigns, hereinafter described together with the right to forever construct, maintain, improve, alter, relocate, inspect, occupy, and use for the construction and maintenance of roadways, streets and underground lines, power poles, public utilities, and other public uses, as determined necessary by the City, together with all necessary rights incidental thereto, on, over, under, and across the property in connection with the exercise of any easement rights described herein. The property affected is described and depicted in the legal description and plat mat included hereto and made a part hereof.

The City shall have the right to trim, cut or clear away any trees, brush, or other vegetation from time to time as determined in its sole discretion, without payment of additional compensation.

No other easements shall be granted on, under or over the easement without the prior written consent of the City, its successors and assigns.

The ground elevations of the roadway upon completion of construction shall not be further increased or decreased without the prior written consent of the City.

Such right shall be exercised for a period of 14 months, beginning no fewer than 72 hours after the date that the City provides written notice of commencement of the TCE to the property owner(s).

The Temporary Construction Easement shall automatically expire and be of no further force and effect upon the date ("Expiration Date") that any of the following-described events first occurs: (i) fourteen months from the notice of commencement of the Temporary Construction Easement is given to the property owner(s); or (ii) fourteen months from the date of recording of 359
the Temporary Construction Easement. Termination of the Temporary Construction Easement as of the Expiration Date shall be automatic without any further act by either the City or the property owner(s).

Non-Permitted Activities by Property Owner(s):

Permitted Activities by the City:

Obligations of the Ciq:

LEGAL DESCRIPTION

PROPERTY ADDRESS: 1154 EAST HOLT BOULEVARD, ONTARIO, CA 91761

P:\P\PTGI00000012\0600INFO\SV\0695LegalDescriptions\Draft\15 (APN 1049-141-31)\15 (APN 1049-141-31)TCE Legal Description revised 060623.docx

(TEMPORARY CONSTRUCTION EASEMENT)

APN 1049-141-31

BEING A PORTION OF PARCEL B, AS SHOWN ON LOT LINE ADJUSTMENT OR PARCEL MERGER NO.

LLA 17-006, AS EVIDENCED BY DOCUMENT RECORDED JANUARY 4, 2019, AS INSTRUMENT NO. 2019- 0004693 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID PARCEL B, SAID POINT BEING PERPENDICULAR WITH AND 72.00 FEET SOUTHERLY OF THE CENTERLINE OF HOLT BOULEVARD AS SAID CENTERLINE IS SHOWN ON PARCEL MAP 9520, FILED IN BOOK 106 PAGES 23 AND 24 OF PARCEL MAPS, RECORDS OF SAID COUNTY;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 89° 37' 40" WEST, 34.46 FEET; THENCE NORTH 0° 00' 00" EAST, 4.00 FEET;
THENCE SOUTH 89° 37' 40" WEST, 46.37 FEET;
THENCE NORTH 0° 22' 20" WEST, 5.00' FEET TO THE INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF HOLT BOULEVARD (63.00 FEET HALF WIDTH);
THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 89° 37' 40" EAST, 80.80 FEET TO A POINT ON SAID EASTERLY LINE;
THENCE LEAVING SAID RIGHT OF WAY LINE, SOUTH 0° 22' 20"EAST, 9.00 FEET ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING.

THE LAND DESCRIBED HEREIN CONTAINS 542 SQUARE FEET, MORE OR LESS.

SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY , RIGHTS AND EASEMENTS OF RECORD IF ANY.

ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY SUPERVISION:

JOHN M. GONZALES, PLS 9065 DATE

L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
361
L I C E N S E D L A N D S U R V E Y O RJOHN M.GONZALESNo. 9065S T A T E O F C A L I F O R N I A EXP. 3/31/24
6/08/23
362
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: 31
SUBJECT:

A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR

THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION BOULEVARD

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 1522 West Mission Boulevard, more particularly described as Assessor Parcel No. 1011-221-19 (the Property), is necessary for the City of Ontario's intermediate Continuum of Care - Access Center Project (the Project).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Funding for acquisition costs have been appropriated in the Fiscal Year 2023-24 Adopted Budget. The deposit necessary to ﬁle the Resolution of Necessity for prejudgment possession of the Property is approximately $4,275,000.

BACKGROUND & ANALYSIS:

The Property consists of one (1) parcel located on the north side of West Mission Boulevard, just west of Benson Avenue in Ontario, California, as shown on Exhibit 1, for the City of Ontario’s Continuum of Care – Access Center Project. The City seeks to acquire a full fee interest in the parcel referenced above.

The City obtained an appraisal of the real estate from Bradford Thompson, MAI, AI-GRS, SR/WA, of Thompson & Thompson Real Estate Valuation and Consulting Inc., and made an oﬀer of just compensation to the property owner for the acquisition pursuant to California Government Code section 7267.2. The City has retained OPC, LLC, a consulting ﬁrm, to assist with acquisitions and relocations. Following standard public records and due diligence searches for ownership information, a notice of this public hearing was mailed to the property owner. City staﬀ has attempted to negotiate a voluntary acquisition and will continue to do so. 363
A Notice of the Resolution of Necessity hearing was mailed to the Property owner on July 28, 2023 by regular U.S. Mail.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, an oﬀer of just compensation was made to the owner for the full Fair Market Value, as determined by an independent appraisal. City Staﬀ attempted to acquire the property voluntarily and in good faith, and will continue to do so throughout the process.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

The Property aﬀected by the proposed acquisition is
located within the City of Ontario, at 1522 West Mission Boulevard, Ontario, California 91762.

HEARINGS AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to the acquisition property owned by
The Ramanbhal G. Patel and Manjulaben R. Patel Revocable Living Trust.

California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the aﬀected property or their representatives a reasonable opportunity to appear and be heard on the following matters:
1 .

The public interest and necessity require the proposed project. 2 .

The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3 .

The real property to be acquired is necessary for the project. 4 .

The offer of just compensation has been made to the property owner.

The notice of hearing was mailed on July 28, 2023, by ﬁrst class mail to the property owner in accordance with Section 1245.235 of the California Code of Civil Procedure.

The above four required findings are addressed as follows:

The Public Interest and Necessity Require the Proposed Project Since 2015, the City of Ontario has seen a 44 percent increase in unsheltered homelessness. The 2023 Point in Time Count found 107 persons on the street. The weather conditions had activated the extreme weather motel voucher program the night before, which accounted for most of the 69 additional persons temporarily sheltered in motels. The City’s motel voucher programs oﬀer very time-limited shelter, no more than 7 days at a time. The City has no year-round emergency shelter beds for homeless individuals or families. This creates a signiﬁcant barrier to eﬀectively assisting these persons out of homelessness, as it makes it hard to keep appointments and follow through on activities such as securing stable income and looking for a place to live. These delays prolong their stays on the streets and contributes to the degradation of their physical and mental health.

Lacking a safe, supported place to go, these individuals and families carry out their necessities of daily living and sleep in City parks, public and private places not meant for human habitation, and in 364
their own vehicles, parked on City streets. The proposed use of the property includes interim housing to assist those working to connect with permanent housing or other sheltered homeless solutions in having a stable and safe place to stay while required documentation is gathered and available housing is identified.

The current location the City utilizes to provide these services no longer provides adequate room to house these individuals, and as the unsheltered population in the City has grown, so has the City’s need for a larger facility.

This Project is an integral part of the City’s plan to demonstrate a sustainable community and aide in the City’s current homeless crisis. The Continuum of Care – Access Center encompasses a network of providers, programs and services to help residents facing housing, food, employment and wellness challenges. The Continuum of Care – Access Center serves as the access point to vital services, resources and emergency needs in Ontario.

The proposed new intermediate Continuum of Care – Access Center will be located on approximately 112 feet of frontage along the north side of West Mission Boulevard. The property is a 13,246 square foot motel containing two stories and will provide thirty-three rooms to house some of the City’s unsheltered population. All utilities are available to the subject property.

This Project is also a key component to aide Ontario in resolving its current homeless crisis.

The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The proposed Project will assist the City in housing unsheltered individuals and provide a stable and safe place to temporarily stay while available housing is identiﬁed. This Project supports the City Council’s goals and objectives. The Property to be acquired is best suited for the Project and will cause the least private injury. The Property is already suited with rooms and utilities which will allow the City to provide amenities, including rooms and restrooms, to the City’s unsheltered population. To move this Project elsewhere would require signiﬁcant land use policy changes, cause a greater impact to local property owners, and would effectively be cost prohibitive.

The Real Property to be Acquired is Necessary for the Proposed Project The Property aﬀected by the proposed acquisition is located within the City of Ontario, at 1522 West Mission Avenue, Ontario, CA 91762, Assessors Parcel No. 1011-221-19 (owned by The Ramanbhal G. Patel and Manjulaben R. Patel Revocable Living Trust). The acquisition is necessary for the City of Ontario's intermediate Continuum of Care - Access Center Project,

in Ontario,
California.

The Offer of Just Compensation Has Been Made
An appraisal was prepared by Bradford Thompson, MAI, AI-GRS, SR/WA, of Thompson & Thompson Real Estate Valuation and Consulting Inc., to establish the Fair Market Value of the fee interest the City is seeking to acquire. An oﬀer of just compensation was made to the record owner to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement 365
may still be possible for the fee interest cited above, it would be appropriate to commence the procedures to acquire the fee interest through eminent domain.

ENVIRONMENTAL ANALYSIS:

Pursuant to the State of California Environmental Quality Act Guidelines Section 15183 there has been compliance by the City with the requirements of the California Environmental Quality Act.
366

EXHIBIT “1”
1522 WEST MISSION BOULEVARD

367
RESOLUTION NO. ________

A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT

DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 1522 WEST MISSION BOULEVARD, ONTARIO, SAN

BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS ASSESSOR PARCEL NO. 1011-221-19, FOR THE
CONTINUUM OF CARE - ACCESS CENTER.

WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest of real property located at 1522 West Mission Boulevard, Ontario, CA 91762, more particularly described as Assessor Parcel Number 1011-221- 19, for the Continuum of Care – Access Center Project in the City of Ontario, San Bernardino County, California, pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, August 15, 2023, at 6:30 p.m. at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.

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

SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 2. Public Use. The public use for which the real property interest is to be acquired is to provide a location for which vital services, resources, and emergency needs may be provided to the City’s homeless population through the City of Ontario’s Continuum of Care – Access Center Project in the City of Ontario, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes. 368
SECTION 3. Description of Property. Attached and marked as Exhibit “A” are the legal definition, description and depiction of the real property to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification.

SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee interest described in Exhibit A is necessary for the proposed project;
(d) The offer required by Section 7267.2 of the California Government Code was made.

SECTION 5. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time. Counsel is further authorized to correct any errors or to make or agree to non-material changes in the legal description of the real property that are deemed necessary for the conduct of the condemnation action or other proceedings or transaction required to acquire the subject real property.

SECTION 6. Effective Date. This Resolution shall take effect immediately 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 August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
369
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
370

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. 2023- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held August 15, 2023 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. 2023- duly passed and adopted by the Ontario City Council at their regular meeting held August 15, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
371

EXHIBIT A
(Legal Definition, Legal Description, Parcel Map)
372
Legal Definition
The following is the definition of legal rights to be acquired by the City of Ontario:
“Fee” also known as fee simple or fee simple absolute, grants to the City of Ontario absolute ownership of the property.
373
Order No: 92020258 -920-CMM-CM8

EXHIBIT “A”

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE

CITY OF ONTARIO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA , DESCRIBED AS FOLLOWS:

PARCEL 1 OF PARCEL MAP NO. 9162, IN THE CITY OF ONT ARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 97, PAGE S 83 AND 84, RECORDS OF SAID COUNTY.

Assessor’s Parcel Number: 1011-221-19

374

PLAT MAP
375
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: 32
SUBJECT:

A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR

THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 325 NORTH MOUNTAIN AVENUE

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition of a fee simple interest in certain real property located at 325 North Mountain Avenue, more particularly described as Assessor Parcel No. 1010-521-26 (the Property), is necessary for the development of Affordable Housing (the Project).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

Funding for acquisition costs will be appropriated in a future quarterly budget update as needed. The deposit necessary to ﬁle the Resolution of Necessity for prejudgment possession of the Property is approximately $675,000.

BACKGROUND & ANALYSIS:

The Property consists of one parcel located on the southwest corner of Mountain Avenue and “D” Street in Ontario, California, as shown on Exhibit 1, for the construction of aﬀordable housing for the City of Ontario’s Mountain Avenue Housing Project. The City seeks to acquire a full fee interest in the parcel referenced above.

The City obtained an appraisal of the Property from Bradford D. Thompson, MAI, AI-GRS, SR/WA, and Scott J. Thompson, MAI, AI-SRS, SR/WA of Thomson & Thompson Real Estate Valuation and Consulting Inc., and made an oﬀer of just compensation to the property owners for the acquisition pursuant to California Government Code section 7267.2. Following standard public records and due diligence searches for ownership information, a notice of this public hearing was mailed to the property owners. City staﬀ has attempted to negotiate a voluntary acquisition and will continue to do so.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary 376
for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, an oﬀer of just compensation was made to the owner for the full Fair Market Value, as determined by an independent appraisal. City Staﬀ attempted to acquire the property voluntarily and in good faith, and will continue to do so throughout the process.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

The Property aﬀected by the proposed acquisition is
located within the City of Ontario, 325 North Mountain Avenue, Ontario, California 91762.

HEARINGS AND REQUIRED FINDINGS:

The recommended actions of the City Council pertain to the acquisition property owned by
Dan and Sara Clark Family Trust and Gillingwators Family Trust.

The public interest and necessity require the proposed project. 2 .

The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3 .

The real property to be acquired is necessary for the project. 4 .

The offer of just compensation has been made to the property owner.

The notice of hearing was mailed on July 28, 2023, by ﬁrst class mail to the property owner in accordance with Section 1245.235 of the California Code of Civil Procedure.

The above four required findings are addressed as follows:

The Public Interest and Necessity Require the Proposed Project Over the last several years the City has partnered with highly regarded housing developers to fulﬁll the City's commitment to increase the availability of aﬀordable housing. In 2020, Emporia Place, a 74-unit smoke-free aﬀordable planned community located on the southeast corner of Holt Boulevard and Vine Avenue was completed. Amenities include a community room, splash pad, laundry facilities, a computer lab, and on-site management. These for rent apartments are highly desired by Ontario residents for households earning 60 percent below the area median income for San Bernardino County.

In 2021, the 101-unit Vista Verde aﬀordable housing project located on the northeast corner of Holt Boulevard and Virginia Avenue opened to the public. This high-quality development houses families who earn between 30 and 60 percent of the area median income in Ontario. This development is an integral part of the City’s plan to demonstrate a sustainable community. Vista Verde is one of the ﬁrst all-electric, zero net energy communities, designed and constructed using cost-eﬃcient technologies and innovative approaches to prepare for a world of bike-and pedestrian-friendly communities that encourage healthier lifestyles and reduce pollution. This sustainable development has a low carbon footprint, improving the quality of life for the community as a whole.
377
Currently underway, Vista Verde II is slated for the northeast corner of Holt Boulevard and Allyn Avenue and will be a continuance of the City's commitment in supporting the development of affordable housing in the City of Ontario.

The Mountain Avenue Housing Project follows these great developments as the next planned community to oﬀer aﬀordable housing to Ontario residents. This Project is an integral part of the City’s plan to demonstrate a sustainable community. The Mountain Avenue Housing Project will be located on approximately 22,500 square feet of land, on the southwest corner of North Mountain Avenue and “D” Street in the City of Ontario with a physical address of 325 North Mountain Avenue, Ontario, California 91762. This Project is a key component of Ontario's goal to provide aﬀordable housing to its current and future residents.

The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The proposed Project will support the City Council’s goals and objectives and implement land use and development goals as stated in the Policy Plan component of the General Plan. The proposed Project is intended to minimize impacts on performing private assets along Mountain Avenue while allowing for joint development opportunities with investment partners. The Property to be acquired is best suited for the Project and will cause the least private injury. To move this Project elsewhere would require signiﬁcant land use policy changes, cause a greater impact to local property owners, and would effectively be cost prohibitive.

The Real Property to be Acquired is Necessary for the Proposed Project The Property aﬀected by the proposed acquisition is located within the City of Ontario, at 325 North Mountain Avenue, Ontario, CA 91762, Assessors Parcel No. 1010-521-26 (owned by Dan and Sara Clark Family Trust and Gillingwators Family Trust). The acquisition is necessary to allow for the construction of aﬀordable housing for the City of Ontario’s Mountain Avenue Housing Project,

in
Ontario, California.

The Offer of Just Compensation Has Been Made
Appraisals were prepared by Bradford D. Thompson, MAI, AI-GRS, SR/WA, and Scott J. Thompson, MAI, AI-SRS, SR/WA of Thomson & Thompson Real Estate Valuation and Consulting Inc., to establish the Fair Market Value of the fee interest of each Property the City is seeking to acquire. An oﬀer of just compensation was made to the record owners to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although negotiated settlements may still be possible for the fee interests cited above, it would be appropriate to commence the procedures to acquire the necessary interest through eminent domain.

ENVIRONMENTAL ANALYSIS:

Pursuant to the State of California Environmental Quality Act Guidelines Section 15183 there has been compliance by the City with the requirements of the California Environmental Quality Act.
378

EXHIBIT “1”
325 NORTH MOUNTAIN AVENUE

379
RESOLUTION NO. ________

A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT

DOMAIN A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY
LOCATED AT 325 NORTH MOUNTAIN AVENUE, IN ONTARIO, SAN

BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS ASSESSOR PARCEL NO. 1010-521-26, FOR
AFFORDABLE HOUSING.

WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest of real property located at 325 North Mountain Avenue, Ontario, CA 91762, more particularly described as Assessor Parcel Number 1010-521-26, for the construction of affordable housing for the City of Ontario’s Mountain Avenue Housing Project in the City of Ontario, San Bernardino County, California, pursuant to the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, August 15, 2023, at 6:30 p.m. at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appeared on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.

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

SECTION 2. Public Use. The public use for which the real property interest is to be acquired is for the construction of affordable housing for the City of Ontario’s Mountain Avenue Housing Project in the City of Ontario, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes. 380
SECTION 3. Description of Property. Attached and marked as Exhibit A are the legal definition, description and depiction of the real property to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification.

SECTION 6. Effective Date. This Resolution shall take effect immediately 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 August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
381
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
382

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
383
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 987-30089961-MAM
CLTA Preliminary Report Form – Modified (11/17/06) Page 3

EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT 995 AS SHOWN ON THE MAP OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 6 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF MOUNTAIN AVENUE WITH THE CENTERLINE OF "D" STREET (66 FEET WIDE) AS SAID CENTERLINE; ARE SHOWN ON MAP OF TRACT NO. 3798 RECORDED IN BOOK 50, PAGE 12 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY; THENCE SOUTH 0° 2' 30" EAST ALONG SAID CENTERLINE OF MOUNTAIN AVENUE A DISTANCE OF

33.00 FEET; THENCE WEST PARALLEL WITH THE CENTERLINE OF "D" STREET A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 02' 30" EAST PARALLEL WITH THE CENTERLINE OF MOUNTAIN AVENUE, A DISTANCE OF 150.00 FEET; THENCE WEST PARALLEL WITH THE CENTERLINE OF "D" STREET, A DISTANCE OF 150.00 FEET; THENCE NORTH 0° 02' 30" WEST PARALLEL TO THE CENTERLINE OF MOUNTAIN AVENUE A DISTANCE OF 150.00 FEET TO THE SOUTHERLY LINE OF "D" STREET (66 FEET WIDE); THENCE EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.

APN: 1010-521-26-0-000
384

385
Department: City Manager's Office
Prepared By: Vanny Khu
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Reviewed By: Jordan T Villwock
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 33
SUBJECT:

A RESOLUTION TO ESTABLISH A FEE FOR CITY-OWNED ELECTRIC VEHICLE

CHARGING STATIONS

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council adopt a Resolution to establish an electric vehicle charging rate for City-owned electric vehicle charging stations of $0.39/kWh per hour. Further, that the City Council adopt by that same Resolution a $1 per minute ﬁne, after a 30 minute grace period, for vehicles parked in electric vehicle charging stations when not actively charging.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Operate in a Businesslike Manner
FISCAL IMPACT:

Funding for the annual maintenance costs is included in the Facility Maintenance Budget within the Fiscal Year 2023-24 General Fund Budget. At a rate of $0.39 per kWh, Staﬀ anticipates suﬃcient revenue of approximately $240,000 annually to recover, but not exceed, the annual cost of providing electric vehicle charging stations.

BACKGROUND & ANALYSIS:

On July 12, 2012, the City Council approved the City's Municipal Climate Action Plan, and the Community Climate Action Plan was approved on December 16, 2014.

These plans identify measures to support the development of alternative energy infrastructure to reduce greenhouse gas (GHG) emissions. The installation and operation of electric vehicle charging stations will continue to build upon the City's eﬀorts to reduce GHG emissions, improve local air quality, and invest in the City's infrastructure.

Currently, the City has twelve vehicle charging stations manufactured by ChargePoint Inc. with 24 charging spaces and forty-seven vehicle charging stations manufactured by EV Connect, Inc with 94 charging spaces, for a grand total of 118 City-owned charging spaces. Public charging is available at the Convention Center, Toyota Arena, De Anza Park, Whispering Lakes Golf Course, Ovitt Library, City Hall, Police Department, and several community centers and parks.

386
The City desires to hold a public hearing to consider the adoption of a fee for the use of the charging stations. Several ﬁxed and variable costs, including estimated usage, electricity charges, maintenance, and fee collection services costs were considered when setting the suggested fee.

Staﬀ suggests providing the electric vehicle charging infrastructure to the public at a rate that is revenue neutral, while promoting continued turnover at each charging station to encourage users to timely remove their vehicles and prevent the spaces from being without active charging vehicles.

Staﬀ recommends establishing a charging rate of $0.39 per kWh and a $1 per minute ﬁne, after a 30 minute grace period, for vehicles that remain parked or "idle" at the charging space after charging is complete.
387
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING RESOLUTION 2023-043 A CITYWIDE FEE

SCHEDULE, TO ADD A FEE FOR CITY-OWNED ELECTRIC VEHICLE
CHARGING STATIONS.

WHEREAS, on July 12, 2012, the City of Ontario approved the City's Municipal Climate Action Plan; and
WHEREAS, on December 16, 2014, the City of Ontario approved the City's Community Climate Action Plan; and
WHEREAS, these plans identify measures to support the development of alternative energy infrastructure to reduce greenhouse gas (GHG) emissions; and WHEREAS, the installation and operation to electric vehicle charging stations will continue to build upon the City's e orts to reduce GHG emissions, improve local air quality, and invest in the City's infrastructure; and
WHEREAS, the City has twelve vehicle charging stations manufactured by ChargePoint, Inc., with 24 charging spaces, and forty-seven vehicle charging stations manufactured by EV Connect, Inc., with 94 charging spaces, for a total of 118 City-owned charging spaces citywide; and
WHEREAS, these City-owned charging spaces provide public charging at the Convention Center, Toyota Arena, De Anza Park, Whispering Lakes Golf Course, Ovitt Library, City Hall, Police Department, and several community centers and parks; and WHEREAS, the City desires to set a rate, per kilowatt-hour (kWh), for the use of these City-owned charging spaces; and
WHEREAS, the City further desires to promote the efficient use of these highly limited charging spaces by discouraging users from leaving their vehicles in those charging spaces for longer than is necessary to charge their vehicles, and to that end desires to set a per minute fee for leaving a vehicle in a charging spaces while not actively charging said vehicle; and
WHEREAS, on August 15, 2023, the City Council held a noticed public hearing to consider and elicit public feedback on the adoption of such rates and fees; WHEREAS, all legal prerequisites to the adoption of this Resolution have been met.
388
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby adds a new fee for Electric Vehicle Charging (the “Charging Fee”) at a rate of $0.39 per kWh at each of the City-owned electric vehicle charging spaces identified in Exhibit “A,” attached hereto and incorporated herein by this reference (“Electric Vehicle Charging Space(s)”), and all future City-owned electric vehicle charging spaces.

SECTION 3. The City Council hereby adds a new fee for leaving any vehicle standing, whether parked or “idling” and whether occupied or not, in the Electric Vehicle Charging Spaces while not actively charging (the “Idle Fine”). The owner/operator of a vehicle is subject to the Idle Fine if the vehicle is parked in one of the Electric Vehicle Charging Spaces and is either (1) not incurring a Charging Fee, or (2) allowing the vehicle to remain in one of the Electric Vehicle Charging Spaces for more than 30 minutes upon the termination of the Charging Fee.

SECTION 4. The Idle Fine shall be set at $1.00 per minute.

SECTION 5. Both the Charging Fee and the Idle Fine shall be added under Development Services of the Master Fee Schedule.

SECTION 6. In order to provide adequate notice to the public of these new fees, both the Charging Fee and the Idle Fine shall be effective thirty days after the approval of this Resolution.

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 August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
389
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
390

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
391

EXHIBIT A
EV Charging Loca?ons
ChargePoint
LOCATION # of STATIONS # of PORTS
City Hall 2 4
Ontario Municipal U?li?es Center
(OMUC)
2 4
Fire Sta?on No. 9 2 4
Armstrong Community Center 2 4
Dorothy Quezada Community
Center
2 4
Westwind Park 2 4
TOTAL 12 24
EV Connect
LOCATION # of STATIONS # of PORTS
City Hall 5 10
De Anza Park 6 12
Ontario Conven?on Center 5 10
Ontario Police Department 5 10
Ovi? Community Library 6 12
Toyota Arena 12 24
Whispering Lakes Golf Course 8 16
TOTAL 47 94
Total of City-Owned Charging Sta? ons: 59
Total of City-Owned Charging Spaces/Ports: 118
392
Department: Engineering
Prepared By: Jeffrey Tang
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: 34
SUBJECT:

A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO VACATE TWO

EASEMENTS FOR STORM DRAIN AND PUBLIC UTILITY PURPOSES

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council conduct a public hearing to consider adoption of a Resolution to vacate two easements for storm drain and public utility purposes located at the northeast corner of Mill Creek Avenue and Chino Avenue and on Mill Creek Avenue approximately 330 feet south of Chino Avenue.

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)
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. The City did not pay to acquire the subject easements. The Developer has paid the applicable processing fees to defray the City's cost to process this request.

BACKGROUND & ANALYSIS:

The Developer, BrookCal Ontario, LLC, has requested that the City vacate two existing easements for storm drain and public utility purposes, as shown on Exhibit A, to facilitate the development of the area. The northerly easement is currently used for a storm drain pump but will not be needed in the future with installation of the public storm drain system. The southerly easement is presently not needed for storm drain or public utility purposes. With the elimination of the storm drain pump, the easements are determined to be excess. Since these easements have been in use for more than ﬁve consecutive years immediately preceding the proposed vacation, California Streets and Highways Code requires the City Council to hold a public hearing prior to taking action on the proposed vacation.

On July 18, 2023, the City Council, at its regular meeting, adopted Resolution No. 2023-113 declaring the City's intent to vacate the subject easements as shown on the attached exhibit and setting the date and time for this public hearing. Appropriate notice of intention to vacate, as required by law, 393
has been posted. Additionally, an announcement of this public hearing was published in the Inland Valley Daily Bulletin prior to this meeting and the full text of the said adopted Resolution has been made available in the Records Management Department.
394
A.P.N. 0218-016-11
A.P.N. 0218-161-09CHINO AVENUEA.P.N. 0218-921-22
MILL CREEK AVENUEA.P.N. 0218-171-10A.P.N. 0218-161-14 PUBLIC EASEMENTINST. NO. 2012-0441318, O.R.

PUBLIC EASEMENTINST. NO. 2012-0441316, O.R.

Q:\R310721.02 \CADD\MAPPING\DWG\EX\31072102JEX21.DWG
SCALE IN FEETSCALE: 1" = 200'0 200100400

VICINITY MAPNOT TO SCALE

HAVEN AVENUE(OLD)EUCALYPTUSEDISONONTARIO RANCHROADHAMNER AVENUE

CHINO AVEAVENUEMILLCREEK
2603 Main Street, Suite 400Irvine, California 92614949.988.5815www.huitt-zollars.comOF11SHEET SCALE:DRAWN BY:DM1"=200'REVIEWED BY:ALJOB NUMBER:R310721.02EXHIBIT A'PUBLIC EASEMENTVACATION CITY OF ONTARIO PUBLIC EASEMENTFOR STORM DRAIN PURPOSESDESCRIBED IN A DOCUMENTRECORDED OCTOBER 24, 2012, ASINST. NO. 2012-0441316, O.R.,TO BE VACATEDCITY OF ONTARIO PUBLIC EASEMENTFOR STORM DRAIN PURPOSESDESCRIBED IN A DOCUMENTRECORDED OCTOBER 24, 2012, ASINST. NO. 2012-0441318, O.R.,TO BE VACATED 395
RESOLUTION NO. ________

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

CALIFORNIA, ORDERING THE VACATION OF TWO EASEMENTS FOR
STORM DRAIN AND PUBLIC UTILITY PURPOSES.

WHEREAS, the City Council of the City of Ontario, California, did on the 18 th day of July 2023 adopt a Resolution of Intent, entitled:

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

CALIFORNIA, PERTAINING TO THE VACATION OF TWO EASEMENTS FOR

STORM DRAIN AND PUBLIC UTILITY PURPOSES LOCATED AT THE

NORTHEAST CORNER OF MILL CREEK AVENUE AND CHINO AVENUE AND ON MILL CREEK AVENUE APPROXIMATELY 330 FEET SOUTH OF CHINO

AVENUE AND TO SET THE DATE, TIME AND PLACE FOR A PUBLIC HEARING; and
WHEREAS, notice of the date, time and place of hearing any and all persons interested in, or objecting to, the proposed vacation has been published and posted in the manner prescribed by law; and
WHEREAS, a hearing on the proposed vacation was duly and regularly held by said City Council at the time and place specified in said Resolution of Intention, and the said Council has determined that said easements, as described in said Resolution of Intention, is no longer necessary for present or prospective storm drain or public utility purposes.

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

SECTION 1. That pursuant to the provisions of Division 9, Part 3, Chapter 3, Section 8320-8325 of the Streets and Highways Code of the State of California, the following described storm drain and public utility easements are vacated and abandoned:
(see Exhibit A).

SECTION 2. That title to the above described easements shall revert to the owner of the underlying fee title thereof, free from use as a storm drain and public utility easement.

SECTION 3. That the City Clerk of the City of Ontario, California, shall cause a copy of this Resolution to be recorded in the office of the County Recorder of San Bernardino County, California.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
396
PASSED, APPROVED, AND ADOPTED this 15th day of August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
397

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
398
399
400
401
402
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 35
SUBJECT:

AWARD A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF FIRE STATION NO. 1

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council take the following actions:

A
.

Hold a public hearing on the responsibility of the lowest bidder, Horizons Construction Company International, Inc. (Horizons), in light of Horizon's bid for D&C21-001 Fire Station No. 1;
B
.

Determine whether Horizons is a responsible bidder for this project; C
.

Authorize the City Manager to complete and execute Construction Contract D&C21-001 Fire Station No. 1 with the lowest responsible bidder for the construction of Fire Station No. 1; D
.

Authorize a 15% contingency to address any unforeseen issues that may arise during the construction; and
E
.

Authorize the City Manager or his designee to execute all the documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of completion at the conclusion of all construction related activities.

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 proposed amount for the construction of Fire Station No. 1 and contingency is a total amount not-to-exceed $24,347,910. The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Capital Projects Fund for these services.

BACKGROUND & ANALYSIS:

The Fiscal Year 2023-24 Adopted Budget includes appropriations for the Civic Center Expansion Project. The Civic Center Expansion Project includes a new Fire Station No. 1, Fire Administration Building, new City Hall Annex and Parking Structure.

On June 29, 2023, the City solicited proposals for the construction of the New Fire Station No. 1. 403
Three bids were received. Horizons Construction Company International, Inc. (Horizons) was the apparent low bidder at $20,820,000. However, upon checking the references provided by Horizons, Staff observed discrepancies in the bid that raised questions as to Horizons’ responsibility. Namely:

1 .

References for Horizons’ prior work alleged poor work quality on Horizons’ part; 2 .

References for Horizons’ prior work alleged that work was several months late upon delivery; and
3 .

Horizons’ listed price for an earlier reference project (Question 2, City Bid Form 03 – Minimum Bidder Qualiﬁcations Questionnaire) was given as $8,490,212 for the construction of Costa Mesa Fire Station No. 1. However, subsequent investigation revealed inconsistencies in this amount. The November 26, 2019, Costa Mesa Agenda Report gives the original value of the construction contract as $7,767,000, with a “ﬁnal” contract cost of only $7,549,682.71.

Subsequent correspondence from Horizons alleged the amount was in fact $7,800,000. These discrepancies raised Staﬀ concerns about Horizons’ apparent candor in its initial bid application.

Before a bidder on a public project is determined to be not responsible, that bidder is entitled to due process, which requires notice of the issue and an opportunity to be heard. The City sent a letter to Horizons on July 10, 2023, alerting it to the above matters. Staﬀ subsequently set a public hearing on Horizons’ responsibility as an item on today’s Council agenda.

R.C. Construction Services, Inc., of Redlands, CA is the next-lowest responsive bidder, with a base bid of $21,172,110.

The three lowest bids are listed below.

Vendor
Location
Amount
Horizons Construction Company
International, Inc.

Orange, CA
$20,820,000
R.C. Construction, Inc.

Redlands,
CA
$21,172,110
Royal Construction Corporation
Arcadia, CA
$27,099,000

Upon conclusion of the public hearing, the City Council may make a determination as to whether Horizons has any responsibility defects. After such determination, Staﬀ recommends the City Council award Construction Contract D&C21-001 Fire Station No. 1 to the lowest responsible bidder. Staff anticipates construction of the fire station to be completed by December 2024. 404
Department: Police Department
Prepared By: Lizceth Zazueta
Department:

Prepared By: Lizceth Zazueta
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 36
SUBJECT:

INTRODUCTION OF AN ORDINANCE ANNUALLY ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET.

SEQ.

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance annually adopting the Military Equipment Use Policy and approving the itemized military grade equipment currently in possession of the Ontario Police Department.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Assembly Bill No. 481 (AB 481) was approved by Governor Newsom on September 30, 2021 to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local enforcement. AB 481 added Chapter 12.8, commencing with Section 7070, to the Government Code. Pursuant to Government Code section 7070 et. seq., the City Council must approve a publicly released, written Military Equipment Use Policy (Policy). The Policy must include the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment owned by the law enforcement agency. Additionally, the Policy must include the acquisition and maintenance costs of the equipment, as well as the training required by any oﬃcer allowed to use the military equipment. The Policy must also include mechanisms to enforce the Policy and procedures for members of the public to register complaints or concerns about the use of military equipment.

The City Council must adopt the Policy by ordinance after a public hearing held at a regular meeting pursuant to the Brown Act. Be. The Policy must be posted on the Ontario Police Department website at least thirty (30) days before the public hearing. In compliance with Government Code section 7071(a)(2), the Ontario Police Department made the Policy available on the City’s website at 405
https://www.ontarioca.gov/Police on June 1st, 2023, and is providing the proposed Policy to City Council as an attachment to this staﬀ report, thereby commencing the approval process of the proposed Policy.
406
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, ADOPTING A MILITARY EQUIPMENT USE POLICY
PURSUANT TO GOVERNMENT CODE §§ 7070, ET. SEQ.

THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment”, to Division 7 of Title 1 of the Government Code (sections 7070 – 7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Ontario Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481 and further intends to acquire other items of military equipment; and
WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, the proposed Military Equipment Use Policy (“Policy”) will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
407
WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue; and
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d); and
WHEREAS, the City Council of the City of Ontario, having received the information required under AB 481 regarding the Ontario Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy.

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO
HERBY ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2. Approval of Military Equipment Policy.

Military Equipment Policy.
(a) The Military Equipment Policy shall govern the use of military equipment by the Ontario Police Department. (Exhibit A) (b) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d). (Exhibit B)
(d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. 408
SECTION 4. Inconsistencies. Any provision of the Ontario Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Ontario Municipal Code unless and until the City Council so ordains.

SECTION 6. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following from its adoption.

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this _____ day of _________ 2023. ___________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
409
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
410

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 Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held July 18, 2023 and adopted at the regular meeting held ___________, 2023 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
411
Policy
708
Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy") is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481") (California Government Code section 7070, et seq.).
708.1.1 DEFINITIONS
Definitions related to this Policy include those provided in Government Code section 7070, and as follows:

Governing body – The City of Ontario City Council ("City Council").

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected ("MRAP") vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles ("HMMWV)", two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices ("LRADs").
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council to require additional oversight. 412
Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 2 708.2 POLICY
It is the Policy of the City of Ontario Police Department ("Department") that members of this Department comply with the provisions of Government Code section 7070 et seq. with respect to the funding, acquisition, and use of military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this Policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or equipment the Department intends to acquire, that requires approval by the City Council.
(c) Conducting an inventory of all military equipment annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Ontario Police Department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
708.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy. 708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. The Policy must be approved by the governing body prior to engaging in any of the following:
a) Requesting military equipment made available pursuant to 10 USC § 2576(a). 413
Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 3 b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department.
e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for the use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Ontario, or otherwise engaged in law enforcement operations in this City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation.

Situations may arise where the Department may deploy or use military equipment, as defined, owned by other law enforcement agencies. The Department hereby adopts the Military Equipmentpolicy, which may be amended from time to time, under Government Code section 7070 et seq., for jurisdictions that the Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Department to deploy or use the military equipment of another jurisdiction.
708.7 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 708.8 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy by any of the following means:

1. Via email to: [email protected]

2. Via phone call to: (909) 395-2001
414
Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/04/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 4

3. Via mail sent to: Ontario Police Department
Attn: Military Equipment Use Coordinator
2500 S. Archibald Avenue
Ontario, CA 91761
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
708.9 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee will submit a military equipment report to the City Council for each type of military equipment approved within one year of approval of the Policy, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in the Department's inventory.
708.10 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
415

Page 1 of 34 ends

I. PURPOSE

This Department procedure establishes guidelines for the use, training, approval, and procurement of existing military equipment and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB-481), codified in California Government Code sections 7070-7075. Additionally, this procedure outlines the fiscal impact and specific descriptions of existing military equipment within the Department’s inventory.

II. SCOPE

This procedure applies to all members of the Department.

III. DEFINITIONS

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list refer to Government Code Section 7070, for “military equipment” as defined within the assembly bill.)

A. “Governing body” means the City Council and Mayor.

B. “Military equipment” means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Armored personnel carriers and/or armored vehicles with breaching apparatus.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this definition.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. ‘Flashbang’ grenades and explosive breaching tools, ‘tear gas’ and ‘pepperballs’ excluding standard, service-issued handheld pepper spray.

416

Page 2 of 34 ends

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, and specialty impact munition (SIM) weapons.

C. “Military equipment use policy” refers to this Department Procedure and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

D. “Law enforcement agency” means any of the following:

1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.

2. A sheriff’s department.

3. A district attorney’s office.

4. A county probation department.

IV. MILITARY EQUPIMENT TYPES AND USAGE GUIDELINES

The Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in 417

Page 3 of 34 ends

certain instances and in some cases only by certain units. While this procedure is wide- ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this procedure. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used.

It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Police Department.

A. Unmanned remotely piloted, powered aerial or ground vehicles

1. Small Unmanned Aircraft Systems (sUAS): An unmanned aircraft of any type that is capable of sustaining directed flight, whether pre-programmed or remotely controlled, and all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Capability: sUAS can support first responders in any hazardous incident which would benefit from an aerial perspective. These uses could include search and rescue, barricaded suspects or high-risk tactical operations, disaster response, and video and photographic documentation of crime scenes.

Usage: sUAS are to be used by trained pilots during high-risk operations, tactical operations, disaster response, and video and photographic documentation. These pilots receive regular training and flight hours and when applicable adhere to FAA regulations.

Training Requirements: Drone operators attended continual yearly training.

Fiscal Impact: See Appendix A

Lifespan: Approximately five (5) years.

The Department currently possesses the following types of sUAS:

a. Parrot Anafi Thermal (Quantity: 2)
Manufacturer: Parrot
Description: To balance the resolutions of the thermal image and visible image, and therefore benefit from information not visible in thermal, the displayed image is a fusion of the information from the two cameras. 418

Page 4 of 34 ends

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. LOKI 1 (Quantity: 6)
Manufacturer: Sky-Hero
Description: A handheld drone designed for interior searches. The drone is controlled by a handheld remote control.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. LOKI 1I (Quantity: 4)
Manufacturer: Sky-Hero
Description: A handheld drone designed for interior searches. The drone is controlled by a handheld remote control.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Evo II (Quantity: 1)
Manufacturer: Autel Robotics
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

e. Mini 2 (Quantity: 2)
Manufacturer: DJI
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

f. Mavic 3 Enterprise (Quantity: 8)
Manufacturer: DJI
419

Page 5 of 34 ends

Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

g. Matirce 30T (Quantity: 4)
Manufacturer: DJI
Description: A handheld drone designed for exterior searches. The drone is controlled by a handheld remote control. It has the ability to record video for use with evidence collection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Small Unmanned Tracked Robots: An unmanned tracked robot of any type that is capable of being remotely controlled as well as all of the supporting or attached systems designed for gathering information through imaging, recording or by any other means.

Capability: Small Unmanned Tracked Robots can support first responders in any hazardous incident which would benefit from a ground level perspective. These uses could include barricaded suspects or high-risk tactical operations, disaster response, and use in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Usage: Small Unmanned Tracked Robots are to be used exclusively by the SWAT unit during high-risk operations, disaster response, and in crawl spaces or confined isolated areas to assist in searches for suspects or evidence.

Training Requirements: SWAT Officers regularly train on safe robot deployment in a variety of operational settings.

Fiscal Impact: See Appendix A

Lifespan: Dragon Runner – Lifespan varies with operational usage and wear.

The Department currently possesses the following types of Small Unmanned Tracked Robot:

a. Dragon Runner (Quantity: 1)
Manufacturer: QinetiQm
420

Page 6 of 34 ends

Description: Lightweight, expandable, and one-man portable robot that offers protection and support to officers. Designed to provide situational awareness by ‘scouting out’ while the officers remain at a safe distance.

Designed for rapid tactical missions, the robot is simple to operate and quick to deploy for searching rooms, hallways, stairwells, and confined spaces. With rubber tracks, the Dragon Runner effortlessly climbs stairs. It also includes an extendible rotating claw arm that simplifies opening door handles.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

h. MKI (Quantity: 2)
Manufacturer: Sigyn
Description: Small hand-deployable remote-control robot with audio listening capabilities.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

B. Armored Personnel Carriers

1. BearCat: An armored rescue vehicle capable of providing high ballistic protection, cover, limited breaching capability, and transport of officers and/or civilians at critical incidents and high-risk tactical operations.

Capability: BearCats can support first responders in any hazardous, high risk, or critical incident which would benefit from having a vehicle that provides a high level of ballistic protection.

Usage: These uses could include active shooters, armed barricaded suspects, hostage situations, high-risk tactical operations, disaster response, officer/citizen rescues, and CBRNE (Chemical, Biological, Radiological, Nuclear, and Explosive) attacks and detection.

Training Requirements: Officers authorized to operate the BearCat are required to successfully complete in house training on its capabilities and must complete a driving assessment during the training period.

Fiscal Impact: See Appendix A

Lifespan: Approximately 20 years depending on operational usage and wear.

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Page 7 of 34 ends

The Department currently possesses the following types of BearCats:

a. BearCat G2 – 2 Door Model (Quantity: 1)
Manufacturer: Lenco
Description: The Lenco BearCat G2 is the standard armored rescue vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10–12 fully equipped officers or citizens.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $505.45
Future Acquisition Plans: Unknown

b. BearCat G3 – 4 Door Model (Quantity: 1)
Manufacturer: Lenco
Description: The BearCat G3 provides Lenco’s proven armor system in a ruggedized off-road platform. The G3 utilizes the same body design, interior features and tactical options as the G2, but it comes standard with a heavier duty upgraded suspension and off-road tires, rims & run flats to provide enhanced off-road performance. The increased ground clearance and robust suspension allows for emergency response in rural regions and natural disaster scenarios where standard armored rescue vehicles would experience challenges.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $972.56
Future Acquisition Plans: Unknown

c. BearCat G3 w/ P3E MARS Ramp System – 3 Door Model (Quantity: 1) Manufacturer: Lenco
Description: The BearCat G3 provides Lenco’s proven armor system in a ruggedized off-road platform. The G3 utilizes the same body design, interior features and tactical options as the G2, but it comes standard with a heavier duty upgraded suspension and off-road tires, rims & run flats to provide enhanced off-road performance. The increased ground clearance and robust suspension allows for emergency response in rural regions and natural disaster scenarios where standard armored rescue vehicles would experience challenges. This armored rescue vehicle is outfitted with the P3E MARS ramp system which allows officers to safely make entry into or rescue citizens from elevated structures.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $219.30
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Future Acquisition Plans: Unknown

d. Rook – (Quantity: 1)
Manufacturer: Ring Power
Description: The Rook is a tracked armored vehicle capable of deploying officers into a critical incident or rescue citizens during a critical incident. It features several attachments capable of moving objects, or vehicles to aide in the peace resolution of a critical incident. The attachments and vehicle also can be used in various natural disaster incidents.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $113.42
Future Acquisition Plans: Unknown

C. Command and Control Vehicles

1. Mobile Command Vehicles: Completely self-contained command posts designed to provide the Incident Commander with a mobile base of operation.

Capability: As a mobile base of operation, these vehicles contain specialized command, control, and communications equipment to assist with this mission.

Usage: Mobile Command Vehicles are to be utilized as an Incident Command Post for planned or unplanned events. Vehicles are also equipped with specialized equipment to assist with numerous types of incidents.

Training Requirements: Officers are frequently train in the operations of Command vehicles.

Fiscal Impact: See Appendix A

Lifespan: No lifespan indicated by manufacturer. Dependent on operational usage and wear.

The Department currently possesses the following types of Mobile Command Vehicles:

a. SWAT Special Equipment Vehicle – (Quantity: 1)

The SWAT Special Equipment Vehicle is a non-armored vehicle used by SWAT personnel to transport special weapons and equipment to the scene of critical incidents. Once at an incident, it is also used as a SWAT and Tactical Operations Center (TOC).

Manufacturer: Custom Built International Chassis
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Description: This vehicle is a custom build. It is capable of transporting various SWAT equipment to a critical incident. It is also outfitted with various radio and computers to aide the Incident Commander.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $1,171.52
Future Acquisition Plans: Unknown

b. CP131 – Command Post Vehicle - (Quantity: 1)
Manufacturer: Custom Built Freightliner Chassis
Description: This vehicle is a custom-built truck which allows officers to aide in communicating with subjects during critical incidents or can be utilized as a command post during any type of situation.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: $1,703.70
Future Acquisition Plans: Unknown

D. Explosive Breaching Equipment

1. Explosive Breaching Equipment: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached quickly and as safely as possible. A quick and effective breach is one key to a successful tactical mission. In some instances, an explosive breach may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission.

A variety of specialized breaching equipment consisting of explosive materials are possessed by the Department. Explosive Breaching Equipment can only be used exclusively by the SWAT team’s dedicated breaching personnel.

Capability / Usage: Explosive breaching, the use of explosive materials to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of explosive material is used and still accomplishes its goal. An effective Explosive Breach can defeat fortified doors and walls. Effective breaching techniques allow tactical officers immediate entry with minimal risk to victims, officers, and suspects. An Explosive Breach should only be utilized after taking into consideration the overall mission, officer and citizen safety, the overall construction of the structure, the presence of unstable chemicals, explosives, or incendiary materials, and whether other means of mechanical breaching would be effective and safe to use. The option to use an explosive breach shall be at the discretion of the SWAT Commander.

Training Requirements: Only SWAT Officers that are certified Explosive Breachers are authorized to utilize explosive breaches. SWAT Explosive Breachers must successfully complete a certified Explosive Breaching Course. 424

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Additionally, SWAT Explosive Breachers must maintain proficiency with the use and handling of explosives and explosive breaching techniques.

Fiscal Impact: See Appendix A

Lifespan: Approximately five (5) years.

The Department currently possesses the following types of Explosive Breaching Equipment:

a. Explosive Breaching Equipment Kit – (Quantity: See Below) Explosive Breaching Equipment consists of:

1. 50 grain Detonation Cord (69,200 gr.)

2. C2 sheets (1,540 gr.)

3. Shock-tube Blasting Cap (1,879 gr.)
Manufacturer: Southwest Explosives
Description: Explosive breaching, the use of explosive materials to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of explosive material is used and still accomplishes its goal.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Breaching Shotguns and Breaching Ammunition: During crisis situations, it may become necessary for a SWAT team to facilitate an entry into a target location. It is critical the point of entry is breached quickly and as safely as possible. A quick and effective breach is one key to a successful tactical mission.

In some instances, a breach initiated by a breaching shotgun loaded with specialized breaching rounds may be required to provide an added degree of safety and tactical advantage in order to accomplish a mission.

Specialized Breaching Rounds, also referred to as TKO round, are frangible and are designed to break into a powder form upon impact with a solid object (i.e., dead bolt lock, door frame, etc.)

The Department possesses a limited inventory of Breaching Shotguns and Breaching Shotgun Ammunition. Breaching Shotguns are to be used exclusively by trained members of the SWAT team.

Capability / Usage: Shotgun breaching, the use of a breaching shotgun to affect a breach, can be an effective option in SWAT team tactics. An effective breach is a design where the least amount of breaching shotgun rounds is used and still accomplishes its goal. An effective shotgun breach can defeat fortified doors and 425

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locks. Effective breaching techniques allow tactical officers immediate entry with minimal risk to victims, officers, and suspects.

Training Requirements: SWAT team members regularly train on the use of shotgun breaching.

Fiscal Impact: See Annual Military Report

Lifespan: Remington 870 Police Magnum – Limited lifetime warranty.

Lifespan varies on operational usage and wear

Breaching Shotgun Ammunition – Five (5) year limited warranty.

Five (5) year shelf life.

The Department currently possesses the following types of breaching shotguns and breaching shotgun ammunition:

a. Remington 870 Police Magnum – (Quantity: 5)
Manufacturer: Remington
Description: The Remington 870 Police Magnum pump-action shotgun is a rugged 12-gauge with a short barrel backed by a stout 3” chamber. The all- matte black gun is parkerized for generalized durability and rust-resistance.

Both the pump action for-end and stock are robust and tough synthetic.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. TKO 12-Gauge Breaching Shotgun Rounds – (Quantity: 60) Manufacturer: Defense Technology
Description: The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant. This is a widely used method to breach door locks or hinges for entry during tactical operations. When properly deployed, the TKO is capable of defeating door lock mechanisms, doorknobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates into a fine powder eliminating fragmentation.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

E. Firearms of .50 Caliber or greater

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1. .50 Caliber Rifles: A heavy-duty, bolt-action rifle rated for .50 caliber ammunition that is capable for delivering precision rifle fire at great distances with effective results.

Due to the ever-increasing number of deadly incidents involving vehicle borne attacks and fortified structures both in Southern California and around the country, the SWAT Sniper Team currently employs the use of a .50 caliber rifle to address the unique operational needs presented by these threats.

The requirement and implementation of a .50 caliber rifle are now the standard for many SWAT Teams both in the US and abroad to combat vehicular threats that may arise out of conventional SWAT operations or domestic and international terror attacks.

Capability / Usage: These weapons provide the capability to pierce hard armor, multiple layers of mild steel, or substantial brick, concrete and other materials that may give hard cover to potential suspects. In limited circumstances, these weapons can also be used to disable the engine block of a vehicle posing a clear and present threat to the public (i.e., a vehicle laden with explosives).

Training Requirements: SWAT Snipers receive specific .50 caliber rifle training and must undergo regular training and weapons qualifications to be able to deploy the .50 caliber rifle.

Fiscal Impact: See Appendix A

Lifespan: EDM ARMS – Barrel life rated to approximately 20,000 rounds.

a. EDM ARMS Windrunner - (Quantity: 1)
Manufacturer: Bushmaster Firearms
Description: The Windrunner is built to outshine all previous standards for long-range accuracy.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

F. Ammunition of .50 caliber or greater

1. .50 Caliber Rifle Ammunition: Rifle ammunition manufactured specifically for .50 caliber Special Application Rifles. This caliber is also referred to as .50 BMG.

Match Ammunition: Designed for when greater distance from a target is encountered and accuracy is needed. Match ammunition rounds excel against heavy barriers and penetrating thick glass.

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Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

a. A-Max Match Ammo - .50 BMG 750 grain (Quantity: 10,750) Manufacturer: Engel Ballistic Research
Description: 50BMG match grade 750 grain. Match ammunition rounds excel against heavy barriers and penetrating thick glass.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown
G. Specialized firearms and ammunition of less than .50 caliber, including assault weapons

1. AR-15 Rifles: A semi-automatic shoulder-fired long gun that fires a rifle caliber cartridge. The Department-approved AR-15 style weapon system is designed to fire a .223/5.56 caliber projectile.

Capability/Usage: The rifle caliber carbine provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation.

Training Requirements: All officers attend a POST rifle course and regularly qualify with their rifle. SWAT Officers partake in regular rifle training, and consistent weapons qualifications to maintain proficiency with the AR-15.

Fiscal Impact: See Appendix A

Lifespan: Colt M4 Carbine LWRC IC-45 – Barrel life rated to approximately 12,000 rounds.

Colt M4 Carbine – Barrel life rated to approximately 12,000 rounds.

a. Colt M4 Carbine LWRC M6IC (Quantity: 142)
Manufacturer: LWRC International
Description: Colt style M4 rifle chambered in .223 caliber. These rifles are outfitted with a collapsible stock and flashlight.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown
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b. Colt M4 Carbine (Quantity: 158)
Manufacturer: Colt Manufacturing LLC
Description: Colt M4 rifle chambered in .223 caliber. These rifles are outfitted with a collapsible stock.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. .308 Caliber Rifles: Rifle’s chambered in a .308 caliber round. These rifles are set up as a semi-automatic rifle or a bolt action. They can be outfitted with various optics and accessories depending on the mission.

Capability / Usage: The .308 rifle provides SWAT Snipers and Air Support personnel the ability to engage hostile suspects at great distances with accuracy.

The .308 rifle platform are typically deployed with the SWAT Team during high- risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed. These rifles can also be deployed by the Ontario Air Support Unit for similar situations.

Training Requirements: SWAT team members and the Air Support Unit regularly train and qualify with various weapons systems including the .308 rifle to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: HK 91 – Barrel life rated to approximately 3,000 to 6,000 rounds.

Tactical Ops Tango 51– Barrel life rated to approximately 5,000 rounds.

Sig Sauer 716 – Barrel life rated to approximately 3,000 to 6,000 rounds.

Fiscal Impact: See Appendix A

a. HK 91 Rifle (Quantity: 1)
Manufacturer: Heckler and Koch
Description: Semi-automatic .308 rifle with optic attached.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Tactical Ops Tango 51 .308 Bolt Action Rifle (Quantity: 6) Manufacturer: Accuracy International
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Description: The bolt action Tango 51 is chambered in .308 caliber and is a bolt action rifle.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Sig Sauer 716 Rifle (Quantity: 2)
Manufacturer: Sig Sauer
Description: Semi-automatic .308 rifle with optic attached.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

3. MP-5 Submachine Guns: A compact, modular, lightweight, shoulder fired, submachine gun capable of semi-automatic or automatic fire chambered in 9mm.

Capability / Usage: The MP-5 submachine gun provides the ability to deliver precision gun fire with a shoulder fired weapons system that is accurate, reliable, and safe. Its compact design allows for ease of maneuverability when operating in the open or within interior environments. The use of the MP-5 submachine gun is relegated to SWAT officers.

Training Requirements: Officers authorized to carry the MP-5 have completed numerous hours of live fire and movement training. Additionally, officers authorized to use the MP-5 must complete weapons qualifications on a regular basis to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Barrel life rated for approximately 50,000+ rounds.

a. HK MP5 Submachine Gun (Quantity: 8)

Manufacturer: Heckler & Koch
Description: Probably the most popular series of submachine guns in the world, it functions according to the proven roller-delayed blowback principle.

Tremendously reliable, with maximum safety for the user, easy to handle, modular, extremely accurate and extraordinarily easy to control when firing.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

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4. .223 Caliber or 5.56mm Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in 5.56mm or .223 Remington. Currently there are two types of .223/5.56mm caliber rifle ammunition in use operationally by the Department.

Capability / Usage: .223 caliber or 5.56mm rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. For the SWAT Team, the AR-15 is the primary weapons system utilized by the team. SWAT Officers regularly utilize the AR-15 as their primary weapons system on tactical operations.

Training Requirements: Officers receive POST training and regularly qualify with their weapon.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

The Department currently possesses the following types of .223 caliber or

5.56mm rifle ammunition:

a. Federal – FMJ .223 55 grain (Quantity: 75,500)
Manufacturer: Federal
Description: American Eagle rifle ammunition offers consistent, accurate performance at a price that's perfect for high-volume shooting. The loads feature quality bullets, reloadable brass cases and dependable primers.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Federal – Gold Dot .223 62 grain (Quantity: 11,000)
Manufacturer: Federal
Description: Gold Dot Duty Rifle brings proven bullet technology to rifle platform. Gold Dot rifle bullets are optimized to ensure expansion out of barrels down to 10" at a wide variety of velocities out to 200 yards.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

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5. .308 Caliber Rifle Ammunition: Rifle ammunition manufactured specifically for rifles chambered in .308 Winchester. Currently there are various types of .308 Winchester caliber rifle ammunition in use by the Department.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10-year shelf life.

The Department currently possesses the following types of .308 Winchester ammunition:

a. Federal.308 Winchester LE308TT2 Ammunition (Quantity: 4,000) Manufacturer: Federal
Description: Tactical bonded ammunition is made exclusively for law enforcement. It is designed to defeat barriers with minimal deflection.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

H. Flashbangs, Chemical Agents, Chemical Agent Delivery Devices, and Pepper Ball Launchers

1. Noise Flash Diversionary Devices (NFDD): Canisters that emit a loud noise and bright light.

Capability / Usage: Diversionary Devices are capable of releasing large amounts of stored energy in the form of heat, light, pressure, and noise. They are intended to temporarily distract, confuse, and disorient subjects. They can also be used as “attention-getting” devices. Diversionary Devices are to be used exclusively by the SWAT team. Noise Flash Diversionary Devices can be used in high-risk tactical operations as an attention getting device. They can also be used during high-risk warrants, and hostage rescue incidents to provide an added degree of officer safety by disorienting subjects.

Training Requirements: SWAT Officers regularly train on safe device deployment in a variety of operational settings.

Fiscal Impact: See Appendix A

Lifespan: Defense Technology Multi Port Distraction Device – Five (5) year shelf life.

Liberty Dynamics Distraction Device –Five (5) year shelf life.

The Department currently possesses the following types of Diversionary Devices:
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a. Defense Technology Multi Port Distraction Device (Quantity: 60) Manufacturer: Defense Technology
Description: These noise flash diversionary devices have a highly reliable functionality and very precise delay times.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. Defense Technology Multi-bang (Quantity: 2)
Manufacturer: Defense Technology
Description: This distraction device is capable of multiple consecutive detonations on one device.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Low-roll Distraction Device (Training Device) (Quantity: 50) Manufacturer: Defense Technology
Description: Training device utilizes the same deployment methods with minimal load for training purposes.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Liberty Dynamics Distraction Device (Quantity: 138)
Manufacturer: Liberty Dynamics
Description: This diversionary device has the binary energetic material contained within the Enhanced Noise Flash Diversionary device allows for drastically lowered volatility levels, creating a vastly safer and more reliable noise-flash event.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Chemical Agents and Chemical Agent Delivery Devices: Compounds, devices, and delivery systems utilized by SWAT, Mobile Field Force, and patrol officers.

Compounds can include irritants such as Chlorobenzalmalononitrile (CS) or an inflammatory agent such as Oleoresin Capsicum (OC) or Pava (synthetic OC).

Chemical agents can be liquid, powder, or gaseous. Delivery systems can be pyrotechnic, blast dispersion, OC Fogger, or aerosol.

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Chemical agent delivery devices consist of the following:

Gas Ram: A metal device resembling a handheld pointed battering ram that can be loaded with a chemical agent canister. The gas ram can be used to introduce chemical agents into a location by piercing the wall, door, or roof of a structure.

Burn Safe: A cylindrical metal container designed to contain a pyrotechnic chemical agent canister and reduce fire hazard upon deployment into a structure.

Capability / Usage: Depending on the delivery method, chemical agents are capable of being introduced in close proximity or from a distance. Depending on the type of delivery system and/or quantity, chemical agents can be used to saturate individual suspects, violent crowds, or areas of varied size. Chemical agents are to be used by the SWAT Team, Mobile Field Force, and/or patrol officers. Generally, during high-risk tactical incidents chemical agents can be used to dislodge a suspect from a stronghold location with the least possible danger to citizens, police, and the suspect. Chemical agents can also be used to prevent an armed suspect from accurately firing at citizens and/or officers. They can also be used in limited instances during civil unrest to disperse violent crowds.

Training Requirements: Officers receive regular training on the deployment and use of chemical agents. Officers are required to pass annual qualifications with the use of chemical agents and chemical agent delivery systems in order to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Defense Technology Chemical Agent Canisters and Munitions - Five (5) year shelf life.

Chemical Agent Delivery Devices - No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

The Department currently possesses the following types of chemical agents:

a. SPEDE-HEAT CS Model - (Quantity: 16)
Manufacturer: Defense Technology
Description: The Spede-Heat CS munition is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This munition holds approximately 2.9 oz. of active agent.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
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Total Annual Cost: None
Future Acquisition Plans: Unknown

b. 40mm Liquid Ferret - (Quantity: 169)
Manufacturer: Defense Technology
Description: These launchable munitions are capable of being deployed into a structure, through barriers, to deploy chemical agent into a structure at a safe distance.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Chemical Agent CS Pocket Tactical – Model 1016 (Quantity: 6) Manufacturer: Defense Technology
Description: The Pocket Tactical CS munition is small, and lightweight. The

0.9 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by

1.4 inches in size, it easily fits in most tactical pouches.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Maximum HC Smoke Model 1073 - (Quantity: 13)
Manufacturer: Defense Technologies
Description: Pyrotechnic smoke grenade used for concealment or as a signaling device.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

e. 37mm Multiple Foam Baton – Model 6299 (Quantity: 379) Manufacturer: Defense Technology
Description: The 37mm foam baton round contains three foam projectiles.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

f. 40mm Skat Shell – Model 6172 (Quantity: 62)
Manufacturer: Defense Technology
Description: The 40mm Skat shell is designed to deliver multiple CS canisters from a 40mm launcher. It has a maximum effective range of 80-100 yards.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
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Total Annual Cost: None
Future Acquisition Plans: Unknown

g. Instantaneous Blast CS – Model 1042 (Quantity: 52)
Manufacturer: Defense Technology
Description: The instantaneous blast CS munition is designed for indoor or outdoor use; this munitions powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

h. Pocket Tactical Saf-Smoke – Model 1017 (Quantity: 38) Manufacturer: Defense Technology
Description: This munition is small and lightweight. It will burn approximately 20-40 seconds.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

i. CS Flameless Tri-Chamber – Model 1032 (Quantity: 38) Manufacturer: Defense Technology
Description: The flameless tri-chamber allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

j. CS Triple-Chaser Canister – Model 1026 (Quantity: 52) Manufacturer: Defense Technology
Description: The triple-chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

k. 40mm Muzzle Blast – Model 6042 (Quantity: 79)
Manufacturer: Defense Technology
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Description: The 40mm muzzle blast CS round is widely used as a crowd management tool for the immediate and close deployment. .

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

l. Gas Ram – Chemical Agent Delivery Device (Quantity: 3) Manufacturer: Custom build
Manufacturer Description: The gas ram is a double walled container constructed of steel designed to contain the flames of a pyrotechnic chemical agent canister. There is a large metal probe attached to one end designed to penetrate walls to deploy the chemical agent inside a structure from outside.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

m. Burn Safe – Chemical Agent Delivery Device (Quantity: 2) Manufacturer: Burn Safe
Manufacturer Description: The Burn Safe is a double walled container constructed of aluminum. It is designed to contain the flames inside the inner chamber thereby reducing the probability of starting a fire. The Burn Safe allows the introduction of significant amounts of pyrotechnic non-lethal chemical agent into the target, which increases the probability of a successful resolution.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

3. Pepper Ball Launchers and Pepper Ball Munitions: A non-lethal munitions system that employs paint ball launchers to fire “pepper balls” that contain powdered synthetic OC in place of the paint. The pepper ball delivery system combines chemical agent exposure with kinetic energy impact to aid in its effectiveness in addressing armed and/or violent individuals or crowds. Pepper ball munitions also include glass breaking rounds.

Capability / Usage: Pepper ball launchers give officers the ability to address an armed and/or violent suspect(s) with a non-lethal munition that delivers both chemical agent and kinetic energy impact. This combination can be extremely effective in gaining compliance or reducing threat potential with an armed and/or violent suspect(s). Due to its design, pepper balls can be delivered from a larger standoff distance allowing for an added degree of officer safety. Pepper ball launchers and pepper ball munitions can be used to address armed and/or violent individuals or crowds, limited instances of violent civil unrest, suicidal 437

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individuals, and individuals believed to possess or have immediate access to a deadly weapon. Pepper ball munitions can be effective in driving suspects from confined spaces or vehicles.

Training Requirements: Officers undergo regular live fire proficiency training.

Additionally, Officers are required to qualify with pepper ball launchers on a consistent basis to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan: Pepper Ball Launcher – No manufacturer life span indicated by manufacturer.

Pepper Ball Munitions – Approximately three (3) year shelf life.

The Department currently possesses the following types of pepper ball launchers and pepper ball munitions:

a. Tippman FTC Pepper Ball Launcher (Quantity: 12)
Manufacturer: Tippman
Manufacturer Description: The Tippmann FTC paintball marker is a compact marker launcher.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. PepperBall Live – (Quantity: 3,300)
Manufacturer: PepperBall
Description: A potent and powerful concentration of PAVA pepper powder.

One round of LIVE-X contains 2% PAVA.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. PepperBall Glass Breaker – (Quantity:140)
Manufacturer: PepperBall
Description: Used to break side glass of vehicles and residential glass windows.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

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d. PepperBall Inert – (Quantity: 3,000)
Manufacturer: PepperBall
Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

I. Extended Range Impact Weapons, Projectile Launcher Platforms, Munitions, and Specialty Impact Munitions (SIM)

1. 40mm Launchers (Projectile Launch Platforms): A single shot or multi-shot Extended Range Impact Weapon launcher capable for firing a variety of 40mm rounds. The Department also has a limited inventory of 37mm launchers that share the same characteristics as 40mm launchers but are chambered for 37mm munitions.

Capability / Usage: 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, and sponge baton rounds. The 40mm launchers utilized with less lethal sponge baton rounds are designed to impact armed and/or violent suspects so officers can gain compliance, overcome resistance, or prevent serious injury or death to bystanders, officers, and the suspect. 40mm single launchers combined with less lethal 40mm sponge baton rounds are authorized to be used by any officer that has been trained in its use and maintains current qualifications.

Training Requirements: Officers that have been trained in the use of the 40mm single launcher undergo thorough training in its use. Additionally, officers trained in the use of the 40mm single launcher must pass annual qualifications to maintain proficiency.

Fiscal Impact: See Appendix A

Lifespan:

Defense Technology 40mm Launchers – Two (2) year limited warranty. No lifespan indicated by manufacturer. Dependent on operational usage and wear.

Defense Technology 37mm Launchers – No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.

The Department currently possesses the following types of 40mm launchers:

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a. Def Tech – Model 1425 (Quantity: 11)
Manufacturer: Defense Technology
Description: The 40mm will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. LMT – 40mm Launcher (Quantity: 20)
Manufacturer: Lewis Machine & Tool
Description: The 40mm will fire standard 40mm Less Lethal ammunition, up to 4.8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

c. Def-Tec – Model 1415 (Quantity: 4)
Manufacturer: Defense Technology
Manufacturer Description: The 37mm will fire standard 37mm Less Lethal ammunition, up to 8 inches in cartridge length.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

d. Def-Tec 40mm 6-Shot Launcher (Quantity: 2)
Manufacturer: Defense Technology
Description: Designed for riot and tactical situations, the 40mm 6-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. 40mm Ammunition: The 40MM round is a sponge baton cartridge. The sponge round has a blue-colored nose with a black base. The casing is stainless.

Fiscal Impact: See Appendix A

Lifespan: Five (5) year shelf life.

The Department currently possesses the following types of 40mm direct impact ammunition:
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a. eXact iMpact 40mm Sponge Round – Model 6325 (Quantity: 500) Manufacturer: Defense Technology
Description: The eXact iMpact 40 mm Sponge Round is a point-of-aim, point- of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. Used for Crowd Control, Patrol, and Tactical Applications.

J. Night Vision Equipment and Infrared Sighting Systems

1. Night Vision Optical Devices: A night-vision device (NVD), also known as night optical/observation device (NOD) or night-vision goggles (NVG) is an optoelectronic device that allows images to be produced in low levels of light approaching total darkness.

Capability / Usage: Night Vision Optical Devices provide the user the ability to see an enhanced image during darkness. The use of this equipment allows a tactical advantage for officers especially when operating in low light or dark environments. The majority of SWAT tactical operations occur at night or are conducted in low light environments. Having NVD’s allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVD’s is extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments.

Training Requirements: SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVD’s.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10,000 hours.

The Department currently possesses the following types of Night Vision Optical Devices:

a. Pinnacle Gen3 Night Vision – (Quantity: 30)
Manufacturer: Night Vision Depot
Description: Pinnacle Gen3 Night Vision Device is a compact, lightweight, high-performance white phosphor dual-tube goggle.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

b. L3 Warrior – (Quantity: 3)
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Manufacturer: L3
Description: The L3 Warrior Night vision scope can be attached quickly to the rifle to allow for enhanced vision during night time operations. It works in conjunction with the rifle’s optics for improved vision.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: Unknown

2. Infrared Sighting Systems: A device attached to a firearm to aid in target acquisition. Unlike optical and iron sights where the user looks through the device to aim at the target, laser sights project a beam onto the target that provides a visual reference point. This device is used in conjunction with NVD’s to aid in rapid and accurate target acquisition.

Capability / Usage: This equipment, when combined with NVD’s, provide the user the ability to see an enhanced image during low light conditions or darkness.

The use of this equipment allows for a tactical advantage for officers. It allows officers to obtain accurate and rapid target acquisition especially when operating in a multitude of low light or dark environments. Most SWAT operations occur at night or are conducted in low light environments. Having NVD’s in conjunction with infrared sighting systems allows for SWAT Officers to have a tactical advantage and an added degree of officer safety when operating in those conditions. The use of NVD’s combined with infrared sighting systems are extremely advantageous during high-risk operations, hostage rescue, active shooter, and tactical operations in a wide range of environments. Infrared sighting systems are to be used exclusively by the SWAT Unit. Night Vision optical enhancement devices combined with infrared sighting systems may be utilized during tactical missions with approval from the SWAT Commanding Officer or SWAT Executive Officer.

Training Requirements: SWAT Officers maintain proficiency by continual training and annual weapons qualifications with NVD’s and infrared sighting systems.

Fiscal Impact: See Appendix A

Lifespan: Approximately 10,000 hours.

The Department currently possesses the following types of infrared sighting systems:

a. MAWL IR Designator (Quantity: 30)
Manufacturer: B.E. Meyers
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Description: The MAWL has an IR light and IR laser which work in conjunctions with night vision devices to illuminate and aide in aiming a weapon system.

V. USAGE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH

OTHER LAW ENFORCEMENT AGENCIES

On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day-to-day operational collaboration (i.e., pursuits, investigative unit assistance, joint law enforcement operations, etc.).

In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e., civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply:

A. Department members are required to adhere to the Department’s Military Equipment Procedure and all policies and procedures outlined within the Ontario Police Department’s Policy and Procedures Manual, regardless of operational jurisdiction.

B. Should the Police Department request mutual aid from another law enforcement agency within the City and military equipment is required during the course of the response, the following shall apply:

1. The Ontario Police Department will remain in charge of the overall incident command.

2. The Incident Commander or designee will brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.

3. The assisting agency will adhere to their respective policies and procedures, particularly those governing the use of military equipment.

4. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission.

VI. APPROVAL OF MILITARY EQUIPMENT BY GOVERNING BODY

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A. Pursuant to AB-481 all military equipment acquired and/or in use by the Department shall be approved by the governing body by adopting a military use policy. This approval by the governing body must be granted prior to any of the following:

1. Requesting military equipment made available pursuant to Section 2576a of Title of the United States Code. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Police Department does not participate in the 1033 Program.

2. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

7. Acquiring military equipment through any other means.

B. In seeking approval of the government body for any specified military equipment, the Department shall submit a proposed military equipment use policy to the governing body and make those documents available on the Department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

1. The proposed or final military equipment use policy shall be made publicly available on the Department’s internet website for as long as the military equipment is available for use.

VII. ANNUAL MILITARY EQUIPMENT REPORT

A. Pursuant to AB-481, the Department shall submit to the City Council an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The Department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The Commanding Officer or their designee shall be responsible for the preparation and submission of the annual military equipment report. The annual military equipment report shall, at a minimum, include the following information for the immediate previous calendar year for each type of military equipment:

1. A summary of how the military equipment was used and the purpose of its use. 444

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2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, consistent with state law employee privacy restrictions.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

B. Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the Department’s funding, acquisition, or use of military equipment.

C. The City Council will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the City Council determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance.

VIII. MILITARY EQUIPMENT USAGE ACCOUNTABILITY

A. The use of military equipment is subject to individual Department Policies and Procedures, and is restricted for use only in certain instances and in some cases, only by certain units. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring a critical incident to a safe resolution.

B. Department members are bound to adhere to Department Policies and Procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions.

C. Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with department policy. These investigations may be 445

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subject to review by the Office of the Chief of Police to ensure that compliance with this military equipment procedure is maintained.

D. Any corrective action or discipline imposed as a result of a violation of this Department Procedure will be administered in accordance with the department policy, relevant employee organization memorandum of understanding (MOU), Civil Service Rules, and state law.

IX. MILITARY EQUIPMENT MAINTENANCE AND INVENTORY

All military equipment shall be maintained and inventoried in accordance with department policy.

X. MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES

In some instances, the application and use of military equipment can cause questions and/or concerns for members of the community. It is of vital importance that community members’ questions regarding the application and use of military equipment are addressed.

The Police Department is committed to full and fair investigation of citizen complaints.

As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department.

A. Complaints directly related to the application or use of military equipment shall be handled in accordance with department policy.

B. The Police Department values open communication and transparency. Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner:

1. Via the Department internet website where the public can email specific military equipment related questions to the Department.

2. At pre-determined Community Engagement Meetings related to military equipment.

3. At City-Council Meetings related to military equipment.

4. In all other circumstances, the public should be directed to the Department Military Equipment Procedure and Annual Military Equipment Report available on the Department’s internet website.

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MILITARY PROCEDURE APPENDIX – A
FISCAL IMPACT – Fiscal Year 2022 (May 2022 – May 2023)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Loki I $13,600 Varies on Usage
Anafi Thermal $7,439 Varies on Usage
Evo II $1,825 Varies on Usage

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Dragon Runner $46,000 Varies on Usage
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Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Bearcat G2 (2 Door) $205,568 Varies on Usage
Bearcat G3 (4 Door) $315,835 Varies on Usage
Bearcat G3 (Ramp) $302,609 Varies on Usage
Rook $570,000 Varies on Usage

Equipment Name and
Model / Manufacturer
Initial Unit Cost Ongoing Annual Cost FY22 (approximate) SWAT Equipment
Vehicle
$271,715 Varies on Usage
CP131 $124,708 Varies on Usage

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Explosive Breaching Kit $3,850 $202,010 (total SWAT equipment budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Remington 870
Breaching Shotgun
$800 Each $150,000 (total ammo budget)
TKO 12 Gauge
Breaching Shotgun
Rounds
$8.15 Per Box (6) $150,000 (total ammo budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Windrunner .50 cal $7,144 Varies on Usage
Match Ammunition - .50
BMG .510” 750 grain
$59 Per Box (10) $150,000 (total ammo budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
AR-15 Colt LWRC $1,949 Each Varies on Usage
.308 Semi-auto HK91 $3,899 Each Varies on Usage
.308 Tango 51 $7,999 Each Varies on Usage
HK MP5 $3,275 Each Varies on Usage
.380 Sig Sauer 716 $1,350 Each Varies on Usage
Federal FMJ 55 grain $179 Per Case $150,000 (total ammo budget) Gold Dot .223 62 grain $287 Per Case $150,000 (total ammo budget) HSM 750g A-Max .308 $49 Per Box $150,000 (total ammo budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Def Tec Flashbang $38.60 Each $202,010 (total SWAT equipment budget) 448

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Def Tec Multi-bang $70.00 Each $202,010 (total SWAT equipment budget) Training Flash Bang $58.50 Each $202,010 (total SWAT equipment budget) Liberty Dynamics Flash
Bang
$18,694 Total $202,010 (total SWAT equipment budget)
SPEDE Heat $33.05 Each $202,010 (total SWAT equipment budget) 40mm CS Ferret $26.15 Each $202,010 (total SWAT equipment budget) Pocket Tactical CS $28.00 Each $202,010 (total SWAT equipment budget) Maximum HC Smoke $32.60 Each $202,010 (total SWAT equipment budget) 37mm Foam Baton $24.50 Each $202,010 (total SWAT equipment budget) 40mm Skat Shell $40.65 Each $202,010 (total SWAT equipment budget) Instantaneous Blast CS $54.60 Each $202,010 (total SWAT equipment budget) Pocket Tactical Smoke $32.60 Each $202,010 (total SWAT equipment budget) CS Flameless Tri
Chamber
$46.25 Each $202,010 (total SWAT equipment budget)
CS Triple Chaser $46.25 Each $202,010 (total SWAT equipment budget) 40mm Muzzle Blast CS $26.75 Each $202,010 (total SWAT equipment budget) Gas Ram $3,250 Each $202,010 (total SWAT equipment budget) Burn Safe $155.40 Each $202,010 (total SWAT equipment budget) Tippman FTC $499 Each $13,850 (Department equipment budget) PepperBall Live $899 Box $13,850 (Department equipment budget) PepperBall Glass
Breaker
$3.00 Per Round $13,850 (Department equipment budget)
PepperBall Inert $300 Per Case $13,850 (Department equipment budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Def-Tec 40mm
Launcher
$985 Each $13,850 (Department equipment budget)
LMT 40mm Launcher $985 Each $13,850 (Department equipment budget) Def-Tec 37mm
Launcher
$884.50 Each $13,850 (Department equipment budget)
Def-Tec 40mm Multi-
Launcher
$2,369 Each $13,850 (Department equipment budget)
eXact iMpact 40mm
Sponge Round
$30 Each $13,850 (Department equipment budget)

Equipment Name and
Model / Manufacturer
Initial Cost Ongoing Annual Cost FY22 (approximate)
Pinnacle Gen3 NODs $6,995 Each Varies on Usage
L3 Warrior Optic $7,999 Each Varies on Usage
MAWL Designator $2,999 Each Varies on Usage

449
Department: Human Resources
Prepared By: Reed Sigler
Staff Member Presenting:

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

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 37
SUBJECT:

APPROVAL OF AMENDMENTS TO THE COMPENSATION AND BENEFIT PROFILES

FOR EXECUTIVE MANAGEMENT EMPLOYEES AND ADOPTION OF RESOLUTIONS

REGARDING SALARIES FOR APPOINTIVE EXECUTIVE POSITIONS

CITY OF ONTARIO
Agenda Report
August 15, 2023
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council approve and authorize the City Manager to execute amendments to the Compensation and Beneﬁt Proﬁles, regarding wages, hours and other terms and conditions of employment for unrepresented employees in the Executive Management employee group; adopt resolutions setting salaries for appointive executive positions; and authorize the City Manager to make non-substantive revisions which may be necessary to implement the profile.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated additional annual cost of the compensation changes across all funds is $652,776 for Fiscal Year 2023-24 and $733,474 for Fiscal Year 2024-25. The estimated General Fund portion is $261,110 for Fiscal Year 2023-24, and $293,389 for the following ﬁscal year.

Appropriations for the ﬁrst year of the agreement have been included in the Adopted Fiscal Year 2023-24 Operating Budget.

BACKGROUND & ANALYSIS:

For unrepresented employee groups, the compensation and beneﬁts proﬁle (Proﬁle) for each group describes the compensation, beneﬁts, and other relevant employment provisions as approved by the City Council. The Executive Management Proﬁle is a summary of beneﬁts and compensation practices adopted by the City Council to be applied on an ongoing basis. The provisions of this document apply to all employees appointed to Executive Management positions and all elected oﬃcials to the extent the provisions are not in conﬂict with governing statutes.

The City recognizes the importance of maintaining its ﬁscally conservative approach while also attempting to provide a competitive compensation and beneﬁt package to its employees. It is therefore recommended that amendments be made to the Executive Management Proﬁle to 450
coincide with modiﬁcations previously approved for all other represented and non-represented employee groups. These amendments, eﬀective August 13, 2023, include: a new salary range for Executive Management classiﬁcations and range adjustments eﬀective July 14, 2024; providing the City Manager authority to determine a classiﬁcation’s placement at a pre-approved "EX" range; a pay for performance bonus plan; an increase in vehicle expense reimbursement; an increase to the City’s contribution to deferred compensation plans; a new Executive Dental Plan; additional management leave; a new health/wellness reimbursement; and modiﬁcation to the City’s contributions for health care premiums, as well as minor technical revisions to the current Compensation and Benefits Profile.

Additionally, as part of being the employer of choice, it is recommended that eligible employees in this Executive Management group receive a 40-hour paid maternity/paternity leave beneﬁt for the birth or adoption of a child.

As required by Ontario Municipal Code Section 2-3.106, the City Council must set the salary for the City Manager by resolution, and such salary is consistent with the salary table contained in the proposed resolution. Additionally, California Government Code Section 36506 requires the City Council to set the salaries for appointive positions in the Executive Management group by resolution, and such salaries are consistent with the salary range table contained in the Executive Management Compensation and Benefits Profile.

These amendments will provide the City of Ontario with added economic certainty for budget forecasting in upcoming years while reﬂecting the positive partnership between the unrepresented group employees and the City of Ontario.
451
1 RESOLUTION NO. ________

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

CALIFORNIA, TO APPROVE THE SALARY RANGES FOR APPOINTIVE POSITIONS OF CITY MANAGER, FIRE CHIEF, AND POLICE CHIEF.

WHEREAS, the Municipal Code of the City of Ontario, California (the "City") provides at Sections 2-3 .204 and 2-3 .305, respectively, that the positions of Fire Chief and Police Chief shall be appointed by the City Manager; and WHEREAS, California Government Code Section 36506 requires the City Council to fix the compensation of appointive officers; and
WHEREAS, the City Manager has recommended that the City's base salary ranges for the positions of Fire Chief and Police Chief in order to allow the City to attract and retain highly qualified individuals and to minimize pay compaction; and WHEREAS, the City Manager and the City entered into an Employment Agreement by which the City agreed to employ Mr. Scott Ochoa as its City Manager effective November 20, 2017; and
WHEREAS, under the terms of the Employment Agreement, the appointive position of City Manager would receive those salary range adjustments and benefits set forth in the Compensation and Benefits Profile for Executive Management; and other terms and conditions as described in the Employment Agreement; and WHEREAS, the Municipal Code of the City of Ontario, California provides at Section 2-3 .103 that the City Council fix the City Manager's salary by resolution and Government Code Section 36506 requires the City Council to fix the compensation of appointive officers; and
WHEREAS the base salary range increases recommended for City Manager shall be consistent and approximately aligned the with the negotiated salary ranges of similar classifications within the City’s survey market as follows:
 Effective August 13, 2023, place in executive compensation range EX__ and fix his base salary compensation at $_________.
 Effective July 14, 2024, place in executive compensation range EX__ and fix his base salary compensation at $_________; and
WHEREAS the base salary range increases recommended by the City Manager for the positions of Fire Chief and Police Chief be consistent and approximately aligned the with the negotiated salary ranges of similar classifications within the City’s survey market as follows:
452
2  Effective August 13, 2023, for the position of Fire Chief, place in executive compensation range EX__. The current incumbent’s base salary range is $27,844.27 per month.
 Effective August 13, 2023, for the position of Police Chief, place in executive compensation range EX__. The current incumbent’s base salary range is $28,979.60 per month.
 Effective July 14, 2024, for the position of Fire Chief, place in executive compensation range EX__.
 Effective July 14, 2024, for the position of Police Chief, place in executive compensation range EX__.

NOW THEREFORE, be it resolved, by the City Council of the City of Ontario hereby amends the salary range for the position of City Manager, Fire Chief and Police Chief as reflected in Exhibit "A" attached hereto and shall become effective immediately upon adoption as designated above.

SECTION 1. Signature and Attestation. The Mayor of the City shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

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 August 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
453
3 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
454
4 APPENDIX A
*Actual rates will be calculated by the City's payroll system and may vary by a fraction of a cent.

RANGE MINIMUM MEDIAN MAXIMUM
EX1 14,972.79$ 17,443.30$ 19,913.81$
EX2 15,721.43$ 18,315.47$ 20,909.50$
EX3 16,507.50$ 19,231.24$ 21,954.98$
EX4 17,332.88$ 20,192.80$ 23,052.73$
EX5 18,199.52$ 21,202.44$ 24,205.36$
EX6 19,109.50$ 22,262.56$ 25,415.63$
EX7 20,064.97$ 23,375.69$ 26,686.41$
EX8 21,068.22$ 24,544.48$ 28,020.73$
EX9 22,121.63$ 25,771.70$ 29,421.77$
EX10 23,227.71$ 27,060.29$ 30,892.86$
EX11 24,389.10$ 28,413.30$ 32,437.50$

RANGE MINIMUM MEDIAN MAXIMUM
EX1 16,395.21$ 13,911.47$ 21,805.62$ EX2 17,214.97$ 14,607.04$ 22,895.91$ EX3 18,075.72$ 15,337.39$ 24,040.70$ EX4 18,979.50$ 16,104.26$ 25,242.74$ EX5 19,928.48$ 16,909.47$ 26,504.87$ EX6 20,924.90$ 17,754.95$ 27,830.12$ EX7 21,971.14$ 18,642.69$ 29,221.62$ EX8 23,069.70$ 19,574.83$ 30,682.70$ EX9 24,223.19$ 20,553.57$ 32,216.84$ EX10 25,434.35$ 21,581.25$ 33,827.68$ EX11 26,706.06$ 22,660.31$ 35,519.06$

EXECUTIVE MANAGEMENT COMPENSATION RANGES
EFFECTIVE AUGUST 13, 2023

EXECUTIVE MANAGEMENT COMPENSATION RANGES
EFFECTIVE JULY 14, 2024
*These ranges are pre-approved by the City Council for executive compensation. The City Manager shall determine assignment to a range based on market and/or experience.
455
Compensation and
Benefits Profile

For

City of Ontario

Executive

Management

July 1August 15, 2021 2023

456
Compensation & Benefits Profile - Executive Management 07/01/2023

2 Table of Contents

Article I. ADMINISTRATION ...................................................................................................... 5 Section 1.01 Introduction ........................................................................................................ 5 Section 1.02 Purpose.............................................................................................................. 5 Section 1.03 Objectives of the Plan Relative to Executive Management .............................. 6 Article II. COMPENSATION ........................................................................................................ 6 Section 2.01 Pay Plan and Benefit Review ............................................................................ 6 Section 2.02 Compensation Adjustment ................................................................................ 6 Section 2.03 Management Incentive Pay ............................................................................... 7 Section 2.04 Pay For Performance ........................................................................................ 7 Article III. BENEFITS .................................................................................................................... 8 Section 3.01 Health Insurance Contribution ........................................................................... 8 Section 3.02 City Contributions to Cafeteria Plan Benefits .................................................... 8 Section 3.03 Dental Insurance ............................................................................................. 10 Section 3.04 Vision Care Insurance ..................................................................................... 10 Section 3.05 Short-Term and Long-Term Disability ............................................................. 10 Section 3.06 Life Insurance .................................................................................................. 10 Section 3.07 Employee Assistance Program ....................................................................... 11 Section 3.08 Deferred Compensation .................................................................................. 11 Section 3.09 Vehicle Expense Reimbursement Allowance ................................................. 11 Section 3.10 Expense Reimbursement ................................................................................ 11 Section 3.11 Flexible Spending Account .............................................................................. 12 Section 3.12 Uniform Allowance ........................................................................................... 12 Section 3.13 Service Weapon Upon Retirement or Honorable Resignation ....................... 12 Article IV. RETIREMENT/END OF SERVICE ............................................................................ 13 Section 4.01 CalPERS Contribution ..................................................................................... 13 Section 4.02 Post-Termination Compensation ..................................................................... 14 Section 4.03 Continuation of Health Benefits/Life Benefits ................................................. 14 Section 4.04 Health and Wellness Reimbursement ............................................................. 14 Article V. Leaves ........................................................................................................................ 15 Section 5.01 Holidays ........................................................................................................... 15 Section 5.02 Management Leave ......................................................................................... 16 457
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3 Section 5.03 Bereavement Leave ........................................................................................ 16 Section 5.04 Annual Leave ................................................................................................... 17 Section 5.05 Paid Parental Leave ........................................................................................ 19 Section 5.06 Other Leaves - Paid and Unpaid ..................................................................... 20 Article VI. GENERAL PROVISIONS ........................................................................................... 20 Section 6.01 Overpayments, Recovery and Underpayments .............................................. 20 Section 6.02 Direct Deposit and Electronic Pay Advice ....................................................... 21 Article I. ADMINISTRATION ....................................................................................................... 3 Section 1.01 Introduction ........................................................................................................ 3 Section 1.02 Purpose.............................................................................................................. 3 Section 1.03 Objectives of the Plan Relative to Executive Management .............................. 4 Article II. COMPENSATION ........................................................................................................ 4 Section 2.01 Pay Plan and Benefit Review ............................................................................ 4 Section 2.02 Compensation Adjustment ................................................................................ 4 Section 2.03 Management Incentive Pay ............................................................................... 5 Section 2.04 Pay For Performance ........................................................................................ 5 Article III. BENEFITS .................................................................................................................... 5 Section 3.01 Health Insurance Contribution ........................................................................... 6 Section 3.02 City Contributions to Cafeteria Plan Benefits .................................................... 6 Section 3.03 Dental Insurance ............................................................................................... 7 Section 3.04 Vision Care Insurance ....................................................................................... 7 Section 3.05 Short-Term and Long-Term Disability ............................................................... 8 Section 3.06 Life Insurance .................................................................................................... 8 Section 3.07 Employee Assistance Program ......................................................................... 8 Section 3.08 Deferred Compensation .................................................................................... 8 Section 3.09 Vehicle Expense Reimbursement Allowance ................................................... 8 Section 3.10 Expense Reimbursement .................................................................................. 9 Section 3.11 Flexible Spending Account ................................................................................ 9 Section 3.12 Uniform Allowance ........................................................................................... 10 Section 3.13 Service Weapon Upon Retirement or Honorable Resignation ....................... 10 Article IV. RETIREMENT/END OF SERVICE ............................................................................ 10 Section 4.01 CalPERS Contribution ..................................................................................... 10 Section 4.02 Post-Termination Compensation ..................................................................... 11 Section 4.03 Continuation of Health Benefits/Life Benefits ................................................. 11 Section 4.04 Health and Wellness Reimbursement ............................................................. 12 458
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4 Article V. Leaves ........................................................................................................................ 12 Section 5.01 Holidays ........................................................................................................... 12 Section 5.02 Management Leave ......................................................................................... 13 Section 5.03 Bereavement Leave ........................................................................................ 13 Section 5.04 Annual Leave ................................................................................................... 14 Section 5.05 Paid Parental Leave ........................................................................................ 16 Section 5.06 Other Leaves - Paid and Unpaid ..................................................................... 17 Article VI. GENERAL PROVISIONS ........................................................................................... 17 Section 6.01 Overpayments, Recovery and Underpayments .............................................. 17 Section 6.02 Direct Deposit and Electronic Pay Advice ....................................................... 17

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5 Article I. Article I. ADMINISTRATION

Section 1.01 Introduction

The Executive Management Compensation/Benefit Profile is a summary of benefits and compensation practices adopted by the City Council over several years to be applied on an ongoing basis. The provisions of this document apply to all employees appointed to Executive Management positions (hereinafter known as employee); and all elected officials to the extent the provisions are not in conflict with governing statutes.

This document sets forth policies and procedures to follow in implementing and administer ing this Executive Management Compensation/Benefit program. The various sections and provisions of the Government Code, Municipal Code, Personnel Rules and Regulations, and the “Employment Policies” in the City’s Online Policy Center in effect and applica ble to the above mentioned positions will remain in effect unless expressly superseded by provisions within this document.

The terms and conditions of employment for the City Manager and other Executive Management employees may also be addressed in indi vidual employment contracts. Such contracts are considered to be supplemental to this document to address terms and conditions of employment that may not be addressed in this document. However, if an individual’s employment agreement is in conflict with this document, then the provisions of the agreement will supersede the provisions of this document.

Employees in Executive Management positions are considered to serve at the will and pleasure of the City Manager. The appointment of a person to a pos ition in the Executive Management Group will not require the establishment of an eligibility list. Appointment and termination actions relating to the Police Chief and Fire Chief positions are subject to confirmation by the City Council.

Section 1.02 Purpose

Persons employed in Executive Management positions are not represented by an employee organization.

This Executive Management Compensation/Benefit Profile is intended as a comprehensive document to define and describe the forms and amounts of compensation and benefits for Executive Management employees and elected officials. This comprehensive document is intended to reflect all City Council actions in effect relating to the Executive Management Compensation Program.

The various forms of compensation and benefits described in this comprehensive document recognize that employees in Executive Management positions should be compensated appropriately for exhibiting accountability, cost effectiveness, application of new technologies and maximizing the utilization of human, physical and fiscal resources; for exerting leadership to enhance the mission and fut ure of the City; and for stimulating the development of people and methods which will facilitate the meeting of program goals and objectives. 460
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6 Section 1.03 Objectives of the Plan Relative to Executive Management

A. Recruit and retai n well-expert and resourceful qualified Executive Managers and enhance their management capabilities in areas such as leadership and accountability.

B. Facilitate and enhance effectiveness and productive efforts of Executive Managers through evaluations of performance and the recognition of merit in determining compensation.

C. Enable the City Manager, who is in the best position to judge merit and value to the City of an Executive Management employee’s performance, to appropriately compensate Executive Management employees in recognition of such value.

Article II. COMPENSATION

Section 2.01 Pay Plan and Benefit Review

Salary and benefit levels will be reviewed on a periodic basis. Such review will contain comparisons with other similar agencies within the appropriate job market. Such comparisons will be utilized to recommend competitive salary and benefit levels for Executive Management positions. Salary and benefit levels for individual positions may be adjusted from time-to -time, with the approval of the City Council (or City Manager, if appointed as its designee).

Section 2.02 Compensation Adjustment

A. Compensation and benefit levels for positions in this group may be modified from time to time by the City Council by amendment to this document, or by the City Manager as authorized by the City Council. The salary ranges shall be increased for non -safety related Executive Group classifications as follows:

A. Effective July 4, 2021, base salary ranges shall increase by 2%.

B. Effective July 3, 2022, base salary ranges shall increase by 2%.

C. The salary ranges for the Public Safety related Executive Management classifications of Fire Chief and Police Chief shall be increased with the same frequency and percentage as the classifications represented by the Fire Management Group or the Police Management Group, respectively. The salary ranges shall be increased as follows:

B. Effective January 2, 2022, the Police Chief and Fire Chief base salary range shall increase by 2%. Effective July 1August 15 , 2023, the City adopted a compensation grade table for Executive Management classifications. Each classification is associated with a specific compensation grade as identified in Appendix A.

C. The City Manager shall assign each Executive Management classification, not excluding the City Manager classification, to a compensation grade consistent with Section 2.01. Salary compensation for the City Manager classification shall be determined by the City Council.

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7 D. The Executive Management Salary Range Table (Appendix A) is established to provide the minimum and maximum monthly salary levels for Executive Management positions.

D. The City Manager is responsible for determination of each individual employee’s salary rate within the assigned salary range. Such determination will be based on job performance and/or other competitive and economic factors.

C.E. The Ontario Municipal Code provides that the City Council determine the City Manager's salary compensation range by resolution . Consistent with California Government Code Section 36506, the City Council shall determine the compensation range of appointive officers including the Police Chief and Fire Chief.

D.F. Salary compensation for elected officials of the City is determined in accordance with Ontario Municipal Code provisions and State law. Elected officials may also receive compensation for attendance at meetings of the Ontari o Housing Authority and other applicable boards as authorized. Such compensation is determined by the City Council by resolution or ordinance and may be reviewed on a periodic basis.

Section 2.03 Management Incentive Pay

Effective the pay period including January 1, 2021, Public Safety Executive Management classifications, Police Chief and Fire Chief, shall receive Management Incentive Pay at the rate of five (5) hours per pay period, for a total of one hundred and thirty hours (130) per calendar year in recognition of their full-time duties performed during normal working hours that pertain to the unique nature of their job. Such hours shall not be used as time off and shall be paid as salary compensation at the employee’s base rate of pay.

Section 2.04 Pay For Performance

Employees in the Executive Management Group shall be eligible for Pay for Performance Bonus designed, as part of the annual evaluation process, to reward either singular achievement during the course of the evaluation year or superlative overall achievement. Examples include but are not limited to the completion of a major assigned project on time or under budget; enabling significant cost savings to the City; or making significant improvements to the efficiency of established practices.

Employees whose base salary compensation is below the maximum of their classification’s assigned compensation range will be eligible for a combination of a merit increase (up to the range’s maximum) and one -time non -PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Employees whose base salary compensation is at the maximum of their classification’s assigned compensation range will be eligible for one -time non-PERSable bonuses that do not exceed an amount that is five (5) percent above the annual maximum base compensation for their classification. Additionally, a one-time non -PERSable bonus, from one (1) to five (5) percent can be awarded in lieu of a merit i ncrease.

Any bonus granted under this program is at the sole discretion of the City Manager. Any bonus awarded under this program, is one time and is not considered part of base salary, nor is there any intention that any bonus serve as the basis for any future compensation.

Section 2.04 Section 2.04 American Rescue Plan Act Premium

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8 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:

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

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.

Article III. BENEFITS

Section 3.01 Health Insurance Contribution

Active and retired employees and elected officials are eligible to participate in the City health insurance program. The City contributes up to a maximum of $563 per month toward health insurance premiums for active and retired employees and elected offici als. This amount is inclusive of the minimum statutory employer contribution under CalPERS medical (PEMHCA) for active employees and elected officials who choose to enroll in the City’s medical plan. The contribution rate is provided to cover actual premiu m costs based upon the enrolment of the employee or elected official and eligible dependents.

In addition, Rretirees from the position of Fire Chief hired into a regular position prior to July 1, 2012, shall receive a reimbursement from the City that will provide the same amount of retiree medical contributions as for retirees from the Fire Management Group hired prior to July 1, 2012.

Retirees from the position of Police Chief hired into a regular position prior to July 1, 2012, shall receive a reimbursement from the City that will provide the same amount of retiree medical contribution as for retirees from the Police Management Group hired prior to July 1, 2012.

Section 3.02 City Contributions to Cafeteria Plan Benefits

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

Employees or elected officials must enroll in a City offered medical insurance plan unless the employee or elected o fficial satisfies conditions of the eligible opt out arrangement below. The City’s lowest cost employee -only plan satisfies the Federal Poverty Line Safe Harbor under the Patient Protection and Affordable Care Act.
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9 City Contributions: Active employees and elected officials, except the Fire Chief and Police Chief, will receive a Cafeteria Plan Contribution of $1,300 per month, inclusive of the Health Insurance Contribution set forth in Section 3.01.

After enrolling in selected coverage, eligible employees may take the remainder of the City’s contribution as cash. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

Beginning, January 1, 2018, for eligible employees and elected officials who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section

3.01, shall be equal to the corresponding Kaiser plan premium for the region in which the employee or elected official is enrolled and as reflected on the CalPERS monthly billing statement and shall not be less than $1,300 per month.

Beginning January 1, 2018, only those eligible employees enrolled in coverage with a monthly City contribution of $1,300 per month may take the remainder of the City’s Contribution as cash.

For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

Beginning January 1, 2024, for eligible employees a nd elected officials who enroll in coverage, the monthly City Contribution, inclusive of the Health Insurance Contribution set forth in Section

3.01, shall be equal to the average of the monthly premium amounts for the CalPERS Health Plans for the region that includes the City of Ontario and shall not be less than $1,300 per month.

Beginning January 1, 2024, only those eligible employees enrolled in health care coverage with a monthly premium of less than the average of the monthly premium amounts for th e CalPERS Health Plans for the region that includes the City of Ontario may take the remainder of the City’s Contribution as cash. For elected officials, any unapplied amounts will be directed to the deferred compensation 401(a) plan.

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

If payments for the individual employee or elected official’s selected benefits exceed the City Contribution, the balance will be paid by salary deductions from the pay of the individual employee or elected official.

Cash-in-Lieu Option: An Eligible Employee or Elected Official will be eligible to receive cash- inlieuin lieu of $1,300 per month instead of enrolling in a City offered medical insurance plan only if the following conditions are satisfied:

1. The employee or elected official signs a form attesting that the employee or elected official and the employee or elected official’s Tax Family have the Alternative Required Coverage for the Opt-Out Period.

a. Tax Family means all individuals for whom the employee or elected official 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.

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10 b. Alternative Required Coverage required means minimum essential cov erage through another source (other than coverage in the individual market, whether or not obtained through Covered California).

c. Opt-Out Period means the plan year to which the opt -out arrangement applies.

2. An employee or elected official must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee or elected official would like to receive cash in lieu.

3. 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, elected official or a Tax Family member does not have such alternative coverage, or if the conditions in this Section) are not otherwise satisfied.

The active Fire Chief shall receive the same contribution toward medical insurance premiums as active employees in the Fire Management Group, but not less than the amount provided to other Executive Group employees. The active Police Chief shall receive the same contribution toward medical insurance premiums as active employees in the Police Management Group, but not less than the amount provided to other Executive Group employees.

Section 3.03 Dental Insurance

The City will contribute the full premium amount toward the cost of coverage the individual and eligible dependents in the City’s basic Executive Dental Plandental insurance programs for active employees and elected officials. Employees or elected officials who do not enroll in the City Executive Dental dental planPlan will not receive employer contribution for dental premiums.

Section 3.04 Vision Care Insurance

The City will contribute the full premium amount toward the cost of coverage for the individual and eligible dependents in the City’s Executive Vision Program for active employees and elected officials. Employees and elected officials who do not enroll in the Executive City Vision Plan will not receive employer contributions for vision premiums.

Section 3.05 Short-Term and Long-Term Disability

The City will contribute the full premium amount toward the cost of coverage for the individuals in the City designated short -term and long-term disability programs for active employees.

Section 3.06 Life Insurance

The City will contribute the full premium amount toward the cost of group term life insurance coverage in the amount of $106,000 for basic life and $109,000 for accidental death or dismemberment for active employees and elected officials with the exception of the employees in the Police Chief and Fire Chief classifications.

For employees in the Police Chief classification, the City will contribute the full premium amount toward the cos t of group term life insurance coverage equal t o the basic life insurance and accidental death and dismemberment insurance provided to employees in the Ontario Police Management Group but not less than the amount provided to other Executive Group employees.

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11 For employees in the Fire Chief classification, the City will contribute the full premium amount toward the cost of group term life insurance coverage equal to the basic life insurance and accidental death and dismemberment insurance provided to employees in the Ontario Fire Management Group but not less than the amount provided to other Executive Group employees.

Section 3.07 Employee Assistance Program

The City maintains an employee assistance program for active employees and elected officials.

Confidentiality regarding employee and elected official use of this program will be maintained in full compliance with State and Federal Regulations.

Section 3.08 Deferred Compensation

A. Active employees and elected officials may voluntarily contribute to the City’s 457(b) deferred compensation plan in accordance with plan provisions.

B. The City has established a 401(a) money purchase plan for employer deferred compensation contributions . The City will make the following contributions to the extent permitted by law:

1. For active employees, The City will contribute 7.58% of the employee’s base salary, up to the maximum amount established by the relevant sections of the tax codes.

2. For elected officials, any excess fringe benefit contributions not used for medical or dental premiums shall be contributed to the 401(a) pl an.

3. For elected officials who do not elect to become a member of the CalPERS retirement plan pursuant to Government Code Section 20322, any eligible contribution amount that the City’s pays on the elected official’s behalf shall be contributed to the 401 (a) plan.

Section 3.09 Vehicle Expense Reimbursement Allowance

A. From time-to-time the City Manager may assign a City-owned vehicle to an individual employee in an Executive Management position. Positions in this group not assigned a vehicle may receive a monthly stipend of $500 600 as reimbursement for use of the individual’s private vehicle for City business. The City Manager may adjust such stipend in accordance with levels of activity and operational necessity by group or individual position.

B. The City Manager may be assigned a City -owned vehicle. Alternatively, the City Manager may receive a monthly stipend as reimbursement for use of the individual’s private vehicle for City business in accordance with the employee’s employment contract. The Mayor shall be eligible to receive the same monthly stipend as reimbursement for the use of the Mayor’s private vehicle as is available to the City Manager.

Section 3.10 Expense Reimbursement

A. In situations where expenses are incurred on a frequent or regular basis, the City Manager may designate a monthly reimbursement amount to cover such ongoing 466
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12 expenses. It is the individual’s responsibility to maintain appropriate records of such expenses.

B. Elected officials are eligible to re ceive designated allowance amounts in recognition of expenses incurred on a regular basis. Elected officials are eligible for reimbursement of expenses incurred on City business in accordance with the City’s Travel Policy.

C. Elected officials are eligible to receive electronic communication devices provided by the City, including cellular phones, facsimile machines, pagers, personal digital assistants (PDA), portable personal computers, and other wireless communications devices. City-provided devices shall remain the property of the City. The City shall be responsible for the initial connection fees and on -going fixed-rate basic service costs related to such devices. The City will also provide fixed-rate internet access, including telephone service cost s, for elected officials for the purpose of sending and receiving electronic mail messages related to City business and to provide access to City computer networks. Elected officials shall incur any other variable service charges related to City and personal use of such devices and shall receive an allowance of $175 per month, as reimbursement for the charges incurred for City business.

D. Active Executive Management employees and elected officials shall be eligible for City reimbursement of medical, dental or vision care expenses that are not covered by the City’s group plans incurred for themselves and their dependents. To be eligible, such expenses must have been incurred for medical, dental, or vision care expenses for the employee or elected official a nd the employee’s dependents who are currently enrolled in any of the City’s group plans. Such expenses may include plan premiums, deductibles, co -payments and other related expenses, including the expenses related to an annual physical examination. Payments shall not cover transportation expenses related to medical, dental or vision care. Each active Executive Management employee and elected official may receive a maximum amount of $2,500 each calendar year.

Reimbursements or direct payments shall be made based on submitted invoices, bills, receipts or other documentation that shows proof of payment.

Section 3.11 Flexible Spending Account

Active employees and elected officials shall be eligible to participate in the City’s Flexible Spending Account (FSA) plan. An FSA allows an employee or elected official to make pre -tax deduction for qualifying medical, dental and vision expenses or depen dent care expenses. The plan is established and administered in accordance with Section 125 of the Internal Revenue Service Code.

Section 3.12 Uniform Allowance

Safety employees of the group who wear their uniforms in public ceremonies or for operational necessity are entitled to a uniform allowance equal to that received by comparable safety management employees. Specifically, the Fire Chief shall receive $2,600 annually in the second paycheck in July for the purchase and maintenance of unifo rms. The Police Chief shall receive $950 annually in the first paycheck in November for the maintenance, cleaning and normal repair of uniforms.

Section 3.13 Service Weapon Upon Retirement or Honorable Resignation

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13 Upon retirement or honorable resignation, the Police Chief has the option to purchase the employee’s service weapon under the same conditions and procedures in effect for all other police safety personnel.

Article IV. RETIREMENT/END OF SERVICE

Section 4.01 CalPERS Contribution

A. Classic Member

1. A classic member is defined as an individual who meets the definition of “classic” member for purposes of retirement pension benefits in accordance with the Public Employees Pension Reform Act of 2013. Generally, this includes individuals that 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 miscellaneous CalPERS members shall be eligible for the 2.5% @ 55 Full and Modified Formula of Local Miscellaneous Members including integration with Social Security. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

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

4. Classic safety CalPERS members shall be eligible for the 3% @ 50 Full and Modified Formula of Local Safety Members. This also includes the optional benefit of Government Code Section 20042, Highest Single Year.

4.5. The Fire Chief and Police Chief, safety cla ssic members, shall pay the same employee contribution as employees in the Police Management Group as a pre -tax deduction to CalPERS.

B. New Member

1. A new member is defined as an individual who meets the definition of “new” member for purposes of retireme nt pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes individuals that were hired into a regular 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 miscellaneous members shall be eligible for the 2% @ 62 Formula for Local Miscellaneous Members including integration with Social Security.

3. The employee contribution for new miscellaneous members shall be one-half the normal cost, as determined by CalPERS. As of July 2013, the required employee 468
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14 contribution of new miscellaneous members is 6.25%. This amount will be adjusted periodically by CalPERS.

4. New safety members shall be eligible for the 2.7% @ 57 Formula for Local Safety Members.

5. The employee contribution of new safety members shall be one -half the normal cost, as determined by CalPERS. As of July 2013, the required employee contribution of new fire safety members is 11.25%. The required employee contribution of the new police safety members is 12.75%. This amount will be adjusted periodically by CalPERS.

C. Elected Officials

1. Elected officials are eligible for membership in CalPERS under the City’s Miscellaneous Employees Group contract with CalPERS. CalPERS membership is optional for elected officials per Government Code Section 20322.

2. The City will pay the 8% (of salary) employee’s contribution on behalf of elected officials who elect CalPERS membership. If membership is declined, the City will contribute an equal amount into a 401(a) money purchase plan.

Section 4.02 Post-Termination Compensation

In recognition that appointed Executive Management employees serve at the will and pleasure of the City Manager, the City Manager may extend the compensation and benefits of employees whom are terminated from City employment. The period of such post-termination compensation shall be determined by the City Manager and may be included in the terms of a contractual agreement between the employee and the City made at the time the individual is hired or promoted.

Section 4.03 Continuation of Health Benefits/Life Benefits

Only certain specified employees hired prior to November 10, 1995, and whose rights were vested pursuant to authorization granted to the City Manager by Resolution No. 95 -122, are eligible for this benefit. For such specified Executive Management employees, continuation o f insurance coverage shall be subject to the following conditions. Additionally, the provisions of Government Code Sections 53201 and 53208.5 shall apply and shall supersede these conditions to the extent there are any conflicts.

“Upon termination of C ity service, the City will upon request, continue health benefits or life insurance for individuals covered by this document. Such coverage may be in the form of PERS Health if applicable, or any other available equivalent health or life insurance plan. E ligibility is determined by no less than five years of executive level City service or one consecutive full four- year term in office.

This provision does not preclude individuals from participating in the PERS Health Plan, if eligible.

The continuation of this program will be reviewed on an on -going basis relative to cost and levels of participation.”

Section 4.04 Health and Wellness Reimburs ement

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15 Effective July 1, 2024, employees shall be reimbursed up to $1,000 each fiscal year for eligible health and wellness related expenses incurred for themselves and their eligible dependents that are not otherwise covered by the City’s group plans. Suc h expenses may include: out -of-pocket health plan premiums; health plan deductibles; gym/fitness club membership fees; sports activities or fees; sports clothing (footwear, equipment, training and wearable fitness devices); outdoor/indoor equipment fees and rentals; subscriptions and fees for virtual/online home fitness classes or fitness / health related applications; medical testing (biometric testing, fitness, BMI assessment); holistic healing and acupuncture; massage therapy; lessons o r personal training; state or national park passes; art supplies; musical instruments; hobby and craft supplies; learning tools (applications, software or online subscriptions), or any other health and wellness related expense as determined by the Executiv e Director Human Resources / Risk Management.

Reimbursements shall be made at designated times twice each year pursuant to the program provisions. Upon hire or promotion, employees will be eligible for a prorated reimbursement for the current fiscal year.

Article V. Leaves

Section 5.01 Holidays

The following paid holidays will 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 4th Thursday in November Christmas Eve December 24th
Christmas Day December 25th
New Year’s Eve December 31st

A. Any holiday listed in provision 5.01 which falls on Sunday will be observed on the following Monday.

B. Employees will receive holiday hours in accordance with their regular workday not to exceed 10 hours per holiday.

C. If a holiday falls on the employee’s normal day off, the employee will receive annual leave equal to the employee’s regular workday, not to exceed 10 hours per holiday.

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16 D. At the City Manager’s discretion, City Hall may be closed between and including Christmas Eve through New Year’s Day. During this time, employees shall use accrued annual leave or management leave to cover this period of clo sure.

Section 5.02 Management Leave

Employees receive 48 hours at the first pay period ending in January to be used at their discretion.

Effective January 1, 2024, employees will receive 72 hours of management leave with at the first pay period ending in January of each year to be used at their discretion . Employees hired or promoted after that date shall receive a pro -rated amount of such leave. All such leave must be utilized as time -off during the calendar year and will not carry over to the succeeding calendar year. Such leave will not be converted to compensation upon separation from employment.

Section 5.03 Bereavement Leave

A. In the event of a death in an Executive Management employee's immediate family, the employee shall be granted three (3) working days of paid bereavement leave. Such bereavement leave shall not be charged against any accrued annual leave or management leave. Employees shall be granted an additional two (2) working days of unpaid bereavement leave in the event of a death in the employee's immediate family member. The employee may elect to use accrued time off including annual leave or management leave to cover the unpaid portion of their bereavement leave.

B. A total of five (5) working days of paid bereavement leave shall be granted if there is a death in the immediate family outside the State boundaries or in excess of 250 miles from the employee’s home. Such bereavement leave shall not be charged against t he employee’s annual leave or management leave.

C. Bereavement leave shall be completed within three (3) months of the date of death of the immediate family member. The days of bereavement leave need not be consecutive.

D. Immediate family for this provision is defined as 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 partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation. 471
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17 Employees receive three (3) working days of paid leave for bereavement purposes upon the death of a member of the employee’s immediate family. Immediate family for this provision is defined as 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 partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; sibling; or any other relationship included in the definition of “family member” in California labor code section 245.5 (4)(c) or successor legislation. Employees may receive an additional two (2) working days of paid leave if the deceased family member resided outside the state boundaries or in excess of 250 miles from the employee’s home.

Section 5.04
Section 5.05Section 5.04 Annual Leave

A. Accruals

1. The purpose of this leave is to provide employees in the Executive Management Group the ability to accrue time for vacation, sick leave and personal leave situations.

Annual leave accrual rates are based on year of service as follows:

Year of Service
Annual Leave
Hours Earned Per Year
1 – 3 192
4 200
5 – 8 216
Year of Service
Annual Leave
Hours Earned Per Year
9 – 10 224
11 232
12 240
13 248
14 256
15 264
16+ 272

2. One 26th (1/26) of such annual leave amount shall accrue each pay period.

3. The City Manager may authorize a higher accrual rate, not to exceed the maximum accrual rate, as needed for recruitment, retention or other business needs. The higher accrual rate will be authorized in terms of additional years of service and, once set, the accrual rate will continue to adjust with additional service credit in accordance with the accrual rate schedule above.

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18 4. The maximum annual leave balance shall be 800 hours. Employees shall not accrue annual leave above 800 hours.

B. Leave Conversions

1. Employees may convert up to 240 hours of accrued Annual Leave to salary compensation per calendar year as follows:

Request Due Date Payment Date
2nd Friday in May 1st Payday in June
2nd Friday in November 1st Payday in December
Request Due Date Payment Date
2nd Friday in May 1st Payday in June
2nd Friday in November 1st Payday in December

2. Employees may convert a minimum of 8 hours and a maximum of 240 hours at each opportunity, but the total number of hours converted per calendar year shall not exceed 240 total hours.

3. Employees who are promoted to an Executive Management position must co nvert all accumulated Vacation Leave and Sick Leave to Annual Leave at the time of promotion. Also, employees in the Executive Management Group with retained Sick Leave and Vacation Leave balances that were accumulated under previous City policies may convert such balances to Annual Leave hours subject to approval of the City Manager.

4. Vacation Leave and Sick Leave accrual balances will be converted at the following rates:

a. Each accumulated hour of Sick Leave will be converted to .6 hours of Annual Leave. After the conversion, there will be no Sick Leave balance. b. Each accumulated hour of Vacation Leave will be converted to 1 hour of Annual Leave.

5. In accordance with 26 CFR 1.451 -2 effective January 1, 2025, and continuing thereafter, unit employees must submit an irrevocable election form, by no later than December 15th of the proceeding calendar year to convert the following hours to cash:

Accrued Annual Leave - An amount which may not exceed the number of annual leave hours the individual employee may accrue in the following calendar year.

The cash-out election is for hours to be accrued or received in the calendar year following submission of the irrevocable election form.

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19 6. The total combined number of annual hours converted per calendar year shall not exceed 300 hours.

7. The payment shall be made via payroll and employees may elect to receive the cash out in the first payday in June and/or the first payday in Decemb er, but the request must be submitted by December 15th of the year prior.

8. Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave conversion program for the following calendar year.

9. In the event an employee has less hours in their annual l eave bank at the time the cash-out is to be paid than they had previously elected to cash -out, the employee shall only be paid for up to the amount remaining in their annual leave bank at the time of the actual cash-out.

10. If an employee makes an irrevocable election to cash-out annual leave in the following calendar year and uses such leave in that subsequent calendar year, the annual leave used will come from the annual leave the employee had earned (if any) prior to January 1st of the calendar year the employee has elected to cash -out. The employee’s use of earned, but unused annual leave accumulated from previous calendar years shall not result in a reduction in the amount of annual leave hours the employee is eligible to cash-out.

6.11. An employee who experiences an unforeseen emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.

For these purposes, an “unforeseen emergency” means a financial hardship to the employee resulting from any of the following:

• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or • Loss or extensive damage to the employee’s property due to casualty; or • Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the employee.

Whether an occurrence is an unforeseeable emergency shal l be solely determined by the Executive Director Human Resources / Risk Management or designee.

12. Any conversion of annual leave hours to cash shall not cause the employee’s total amount of accrued annual leave in their annual leave bank to fall below a forty (40) hour minimum balance. Cash-out of accumulated time shall be at the employee’s option. Requests for cash-out are to be submitted in a manner prescribed by the City.

Section 5.06Section 5.05 Paid Parental Leave

A. Each employee shall be granted a paid parental leave of absence not to exceed forty (40) hours per calendar year upon the birth or adoption of the employee’s child or children. Any such leave must be taken within six (6) weeks before or after the estimated birth or adoption 474
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20 date and is subject to the d epartment’s established time off or leave of absence approval procedures. Such paid parental leave shall not be charged against the employee's sick leave, vacation leave, annual leave, or accrued compensatory time.

B. The employee may be required to furnish evidence satisfactory to the City of the birth or adoption of the employee’s child or children and/or the employee's relationship to the child or children.

C. Paid Parental Leave will be considered as qualifying leave under the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) and shall run concurrently with an entitled unpaid Family Leave (provided that the employee is deemed eligible for CFRA and/or FMLA). Unpaid Family Leave shall be granted in accordance with CFRA and FMLA and the interpreted regulations for those respective statues.

Section 5.07Section 5.06 Other Leaves - Paid and Unpaid

Executive Management employees are eligible for catastr ophic leave and paid leave benefits for jury duty as provided for in the Department Head Profile. Executive Management employees may also be eligible for unpaid leaves of absence as described in the California Rights Act and the Family Medical Leave Act.

Article VI. GENERAL PROVISIONS

Section 6.01 Overpayments, 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 soon er 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 employee with the Payroll Department to review the documentation and to dis cuss 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 alternati ve 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.

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21 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.

Section 6.02 Direct Deposit and Electronic Pay Advice

A. 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/eventsextraordinary circumstances/event that an employee is unable to make arrangements for electr onic 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 Exemption and may request supporting documentation; and the employee will be notified of the determination.

C.B.

C. Any Direct Deposit Special Exemption granted may be reviewed periodically for continuation, subject to the approval of the Executive Director Human Resources / Risk Management.

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.

Article VII. FINAL SIGNATURE

All terms and conditions set forth in this Compensation and Benefits Profile are hereby effective on the 1st day of July 2023. This Compensation and Benefits Profile supersedes the Compensation and Benefits Profile dated July 1, 2021.

City of Ontario

Scott Ochoa, City of Ontario Date

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22 EXECUTIVE MANAGEMENT COMPENSATION RANGES
EFFECTIVE AUGUST 13, 2023

RANGE MINIMUM MEDIAN MAXIMUM
EX1 $ 14,972.79 $ 17,443.30 $ 19,913.81 EX2 $ 15,721.43 $ 18,315.47 $ 20,909.50 EX3 $ 16,507.50 $ 19,231.24 $ 21,954.98 EX4 $ 17,332.88 $ 20,192.80 $ 23,052.73 EX5 $ 18,199.52 $ 21,202.44 $ 24,205.36 EX6 $ 19,109.50 $ 22,262.56 $ 25,415.63 EX7 $ 20,064.97 $ 23,375.69 $ 26,686.41 EX8 $ 21,068.22 $ 24,544.48 $ 28,020.73 EX9 $ 22,121.63 $ 25,771.70 $ 29,421.77 EX10 $ 23,227.71 $ 27,060.29 $ 30,892.86 EX11 $ 24,389.10 $ 28,413.30 $ 32,437.50

EXECUTIVE MANAGEMENT COMPENSATION RANGES
EFFECTIVE JULY 14, 2024

RANGE MINIMUM MEDIAN MAXIMUM
EX1 $ 16,395.21 $ 13,911.47 $ 21,805.62 EX2 $ 17,214.97 $ 14,607.04 $ 22,895.91 EX3 $ 18,075.72 $ 15,337.39 $ 24,040.70 EX4 $ 18,979.50 $ 16,104.26 $ 25,242.74 EX5 $ 19,928.48 $ 16,909.47 $ 26,504.87 EX6 $ 20,924.90 $ 17,754.95 $ 27,830.12 EX7 $ 21,971.14 $ 18,642.69 $ 29,221.62 EX8 $ 23,069.70 $ 19,574.83 $ 30,682.70 EX9 $ 24,223.19 $ 20,553.57 $ 32,216.84 EX10 $ 25,434.35 $ 21,581.25 $ 33,827.68 EX11 $ 26,706.06 $ 22,660.31 $ 35,519.06

*These ranges are pre- approved by the City Council for executive compensation. The City Manager shall determine assignment to a range based on market and/or experience.

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23 Classification
Assistant City Manager
City Manager
Executive Director
Community Development
Executive Director
Community Life and
Culture
Executive Director
Economic Development
Executive Director Human
Resources / Risk
Management
Executive Director
Information Technology
Executive Director of
Finance
Executive Director Public
Works
Fire Chief**
Police Chief**
Utilities General Manager
Approximate Salaries*

July 4, 2021 January 2, 2022 July 3, 2022

Monthly Rate Monthly Rate Monthly Rate
Min $14,930.93 $14,930.93 $15,230.80
Max $20,006.13 $20,006.13 $20,406.53
Min $27,958.67 $27,958.67 $28,518.53
Max $30,208.53 $30,208.53 $30,813.47
Min $16,425.07 $16,425.07 $16,754.40
Max $22,006.40 $22,006.40 $22,446.67
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Min $13,308.53 $13,308.53 $13,575.47
Max $17,829.07 $17,829.07 $18,186.13
Min $14,930.93 $14,930.93 $15,230.80
Max $20,006.13 $20,006.13 $20,406.53
Min $14,930.93 $14,930.93 $15,230.80
Max $20,006.13 $20,006.13 $20,406.53
Min $20,949.07 $21,368.53 $21,368.53
Max $27,298.26 $27,844.27 $27,844.27
Min $21,597.33 $22,030.67 $22,030.67
Max $28,938.00 $29,516.93 $29,516.93
Min $16,425.07 $16,425.07 $16,754.40
Max $22,006.40 $22,006.40 $22,446.67

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Ontario City CouncilAugust 15, 2023

Ontario City Council
August 15, 2023