Agenda packet — Ontario City Council, September 5, 2023

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting

SEPTEMBER
5, 2023
City Hall
303 East B Street, Ontario, CA 91764

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

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

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

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ACCOMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 5:30 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

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

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel

GC 54956.9 CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION Number of Cases:

One Case

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

ATTACHMENT:

20230905 Closed Session
GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-382-65; 1045 West Mission Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-566-07; 301 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties:

Overland Direct Inc.; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-081-06; 1619 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Joe Howard Combee & Cheryl Ellen Combee Revocable Trust; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 0110-081-07; 1621-1623 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Anthony & Beverly Ditommaso Living Trust, Christopher F.

Ditommaso Trust, Franklin J. Bruno Living Trust, and Deanna P. Brost Trust; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-574-07; 115 North Palm Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: S N A Holdings, LLC; Under negotiation: Price and terms of payment

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-574-08; 302 West Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: S N A Holdings, LLC; Under negotiation: Price and terms of payment

PLEDGE OF ALLEGIANCE
Council Member Bowman

INVOCATION
Pastor Taylor Kern, Ontario United Reformed Church

REPORT ON CLOSED SESSION
City Attorney

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

National Preparedness Month 2023

SPECIAL CEREMONIES

PROCLAMATION OF SEPTEMBER 2023 AS NATIONAL PREPAREDNESS MONTH That the City Council proclaim the month of September 2023 as National Preparedness Month in the City of Ontario.

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS

The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

CONSENT CALENDAR

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a speciﬁc item be removed from the Consent Calendar for a separate vote.

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

1. APPROVAL OF MINUTES

ATTACHMENT:

20230801 Minutes (Not official until approved)

2. BILLS & PAYROLL

3. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC GROUP DBA HMC

ARCHITECTS

4. A RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES

ON CERTAIN PORTIONS OF EAST HARVARD PLACE IN THE CITY OF ONTARIO

ATTACHMENT:

Parking Restrictions for Street Sweeping^RESO^RM

5. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND

ASSOCIATES FOR ON-CALL ENGINEERING PLAN CHECK SERVICES

6. ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

Minutes for the regular meetings of the City Council and Housing Authority of August 1, 2023 and approving same as on file in the Records Management Department.

Bills July 28, 2023 through August 10, 2023, and Payroll July 16, 2023 through August 12, 2023 when audited by the Finance Committee.

That the City Council authorize the City Manager or his designee to execute the Amendment No. 3 to the Design Services Agreement (on ﬁle in the Records Management Department) with HMC Group dba HMC Architects to increase the not-to-exceed amount by $450,848 from $3,978,123 to $4,428,971 and amend the scope of work.

That the City Council adopt a Resolution establishing parking restrictions for street sweeping purposes on certain portions of East Harvard Place in the City of Ontario.

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

PARKING RESTRICTIONS FOR STREET SWEEPING PURPOSES ON CERTAIN PORTIONS OF EAST HARVARD PLACE IN THE CITY OF ONTARIO.

That the City Council approve an Amendment to the Professional Services Agreement (on ﬁle in the Records Management Department) with Harris and Associates, of Irvine, California to provide on-call plan checking services for a revised annual authorized expenditure of $2,250,000 in Fiscal Year 2023-24 and $2,250,000 in FY 2024-25, for a total revised ﬁve-year contract not-to-exceed amount of $9,900,000.

That the City Council adopt an Ordinance adopting a Military Equipment Use Policy.

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.

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

ATTACHMENT:

AB 481 ORD^01^RM

ATTACHMENT:

OPD_Lexipol_Policy_708_Military_Equipment__Final_Proposed_.pdf

ATTACHMENT:

OPD 481 Draft V2.pdf

7. A RESOLUTION DETERMINING THE CITY-OWNED PROPERTY AT 517/521/525 NORTH

VIRGINIA AVENUE AS EXEMPT SURPLUS LAND, TRANSFER PROPERTY TO ONTARIO

HOUSING AUTHORITY AND APPROVE AFFORDABLE HOUSING RESTRICTIONS

ATTACHMENT:

Exempt Surplus Land RESO^01^RM

ATTACHMENT:

City Transferring Assisi House to OHA RESO^02^RM

ATTACHMENT:

OHA Accepting Transfer Assisi House from City^RESO^03^RM

8. AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH WITHERS AND SANDGREN, LTD. FOR STREETSCAPE IMPROVEMENTS FOR THE MISSION BOULEVARD MEDIAN

IMPROVEMENTS PROJECT
That the City Council and the Ontario Housing Authority Board of Directors take the following actions:

A
.

Adopt the Resolution declaring certain City-owned real property at 517, 521, and 525 North Virginia Avenue (APN: 1048-412-13) to be exempt surplus land; B
.

Adopt a Finding that no further CEQA analysis is necessary C
.

Authorize the transfer of the property to the Ontario Housing Authority to create affordable housing;
D
.

Approve the Aﬀordable Housing Regulatory Agreement establishing new aﬀordable housing requirements; and
E
.

Authorize the City Manager or designee to take all actions necessary with respect thereto.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 54221 DECLARING THAT CERTAIN REAL PROPERTY (517, 521, AND 525 NORTH VIRGINIA AVENUE) IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH

DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

THAT CERTAIN REAL PROPERTY COMMONLY REFERRED TO AS THE ASSISI HOUSE TO THE

ONTARIO HOUSING AUTHORITY FOR TRANSITIONAL HOUSING OR AFFORDABLE HOUSING USE.

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

CALIFORNIA, ACCEPTING THE TRANSFER OF THAT CERTAIN REAL PROPERTY COMMONLY

REFERRED TO AS THE ASSISI HOUSE FROM THE CITY OF ONTARIO FOR TRANSITIONAL HOUSING OR AFFORDABLE HOUSING USE.

That the City Council authorize the City Manager or his designee to execute Amendment No. 1 to the Design Services Agreement (on ﬁle in the Record Management Department) with Withers & Sandgren Ltd., of Chatsworth, California, to provide design services for the Mission Boulevard Median Improvements Project in the amount of $170,000 for a total not-to-exceed CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

9. A PROFESSIONAL SERVICES AGREEMENT WITH INTERPERSONAL FREQUENCY, LLC., FOR

WEBSITE REDESIGN SERVICES

10. APPROVAL OF THE SOLE SOURCE PURCHASE OF MERIDIAN BARRIERS FROM MERIDIAN

RAPID DEFENSE GROUP

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

AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE RUBBERIZED

PAVEMENT GRANT PROGRAM

ATTACHMENT:

CalRecycle Grant^02^RESO^RM

12. A SOLE SOURCE PURCHASE WITH MOTOROLA SOLUTIONS, INC FOR PORTABLE

MOTOROLA RADIOS FOR POLICE STAFF

13. AN AMENDMENT WITH OPEX CORPORATION FOR MAIL EXTRACTION AND SCANNING

WORKSTATION SOFTWARE
contract amount of $235,800.

That the City Council authorize the City Manager or his designee to execute a Professional Services Agreement (on ﬁle in the Records Management Department) in the amount of $1,001,975 with Interpersonal Frequency, LLC. for website redesign and 5 years of maintenance and support services.

That the City Council approve and authorize the City Manager or his designee to execute all documents necessary for the Sole Source purchase of meridian barriers in the amount of $258,895 from Meridian Rapid Defense Group, of Pasadena, California.

That the City Council adopt a Resolution authorizing the submittal of applications for the Rubberized Pavement Grant Program to the Department of Resources Recycling and Recovery (CalRecycle); and authorize the City Manager, or his designee, to execute said applications and all related grant documents.

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

THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM.

That the City Council approve and authorize the City Manager or designee to execute all documents necessary for the sole source purchase of 300 Motorola N70 portable radios from Motorola Solutions, Inc., of Chicago, Illinois, for $2,003,709 plus a $496,291 contingency for a
total not-to-exceed of $2,500,000.

That the City Council approve and authorize the City Manager, or designee to execute Amendment No. 1 to the Goods and Services Agreement (on ﬁle in the Records Management Department) with OPEX Corporation (OPEX) of Moorestown, New Jersey, for an increase to the existing Agreement of $17,197, for a new total not-to-exceed amount of $158,204, for mail extraction and scanning workstation software, and a term through September 6, 2025.

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

14. PURCHASE OF NETWORK FIREWALL AND ROUTER EQUIPMENT WITH SIDEPATH, INC., AND NTT AMERICA, INC.

15. AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD AND NATIONAL AUTO

FLEET GROUP
That the City Council take the following actions:

A
.

Approve and authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with Sidepath, Inc. of Laguna Hills, California, for the purchase of carrier-grade Internet ﬁrewall equipment in the amount of $231,143, plus a 10% contingency on the pre-tax amount of $21,255 for Fiscal Year 2023-24, for a total not-to-exceed contract amount of $252,398.

B
.

Approve and authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with NTT America, Inc., of New York, New York for the purchase of carrier-grade Internet network router equipment in the amount of $222,984, plus a 10% contingency on the pre-tax amount of $21,475 for Fiscal Year 2023- 24, for a total not-to-exceed contract amount of $244,459.

C
.

Authorize a total aggregate not-to-exceed contract amount of $496,857 with Sidepath, Inc., and NTT America, Inc.

That the City Council take the following actions:

A
.

Award Bid No. 1685 and authorize the purchase and delivery of three (3) Ford F-150 pickup trucks from Peoria Ford, of Peoria, Arizona, in the amount of $204,572 for the Fire Department;
B
.

Award Bid No. 1684 and authorize the purchase and delivery of nine (9) Ford Explorer Sports Utility Vehicles (SUVs) from Peoria Ford, of Peoria, Arizona, in the amount of $448,671 for the Police Department; and
C
.

Authorize the cooperative purchase and delivery of 38 Dodge Durango Pursuit Vehicles for the Police Department in the amount of $2,597,000 plus a 10% contingency of $259,700 for a total amount not-to-exceed of $2,856,700 from National Auto Fleet Group, of Watsonville, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 091521-NAF.

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

16. A PUBLIC HEARING TO CONSIDER APPROVAL OF A DISPOSITION AND DEVELOPMENT

AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND HDC CONSTRUCTION, INC. FOR THE DEVELOPMENT OF THREE SINGLE-FAMILY HOUSING UNITS LOCATED AT 1325-1329 SOUTH EUCLID AVENUE (APNS: 1049-531-01 AND 1049-531-02)

ATTACHMENT:

1325 1329 South Euclid Avenue DDA^02^OHA^RESO^RM

17. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC CONSUMPTION AND

POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES

ATTACHMENT:

Alcoholic Beverages in Public Facilities^ORD^RM
That the Board of the Ontario Housing Authority (OHA):

A
.

Adopt the attached Resolution approving the Disposition and Development Agreement (Agreement) between the Ontario Housing Authority and HDC Construction, Inc. (Developer) (on file with the Records Management Department); and B
.

Authorize the Executive Director or designee to sign all documents necessary to implement the Agreement.

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

CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND CALIFORNIA CAPITAL, INC. FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 1325/1329 SOUTH EUCLID AVENUE, ONTARIO (APNS:
1049-531-01 AND 1049-531-02).

ADMINISTRATIVE REPORTS/DISCUSSION/ACTION
That the City Council introduce, read by title only, and waive further reading of an Ordinance amending Section 5-11.02 of Chapter 11 of Title 5 of the Ontario Municipal Code relating to the public consumption and possession of alcoholic beverages on or in public facilities.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO

THE PUBLIC CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC FACILITIES.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9 Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10 1 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) September 5, 2023
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.9 (d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION City of Ontario v. Ashish Kumar Patel
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-382-09; 801-805 South Mountain Avenue; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: Peter Stuart Dejager and Michelle Julie Dejager; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 11 2 of 4

CITY OF ONTARIO

Scott Ochoa or his designee; Negotiating parties: Kalpesh P. Solanki; Under negotiation:

Price and terms of payment.

No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-566-07; 301 North Euclid Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Overland Direct Inc.; Under negotiation: Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 12 3 of 4

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) September 5, 2023
(continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-081-06; 1619 East Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Joe Howard Combee & Cheryl Ellen Combee Revocable Trust; Under negotiation: Price and terms of payment No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-081-07; 1621-1623 East Holt Boulevard; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: Anthony & Beverly Ditommaso Living Trust, Christopher F. Ditommaso Trust, Franklin J. Bruno Living Trust, and Deanna P.

Brost Trust; Under negotiation: Price and terms of payment No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 13 4 of 4

CITY OF ONTARIO

Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1048-574-08; 302 West Holt Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: S N A Holdings, LLC; Under negotiation:

Price and terms of payment
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
14 Department: Fire Department
Prepared By: Joseph Ramos
Staff Member Presenting:

Ray Gayk, Fire Chief
Reviewed By: Sagar Patel
Approved By:

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

SUBJECT:

PROCLAMATION OF SEPTEMBER 2023 AS NATIONAL PREPAREDNESS MONTH

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council proclaim the month of September 2023 as National Preparedness Month in the City of Ontario.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

For the nineteenth consecutive year, the Federal Emergency Management Agency (FEMA) has announced September as National Preparedness Month (NPM).

The goal of NPM is to build awareness and encourage the whole community to prepare for emergencies in their homes, businesses, schools, workplaces, and communities. NPM is managed and sponsored by FEMA's Ready Campaign. The Ready Campaign works closely with Citizens Corps to increase national readiness across the nation. This year's National Preparedness Month theme is "Preparing Older Adults" for disasters especially those from neighborhoods that are disproportionally impacted by all types of hazards.

Residents are encouraged to help our older adults prepare by: 1) creating a communication plan; 2) planning for transportation needs; and 3) planning for food, water, and essentials for themselves and pets. All residents are encouraged to visit the www.ReadyOntario.com website to learn more and ﬁnd resources to make these three actions simple and easy to do. During this month, residents and businesses are reminded to register their cell phones with AlertOntario, the City's emergency notiﬁcation system, by texting "ONTARIO" to 888777 or by visiting the www.ReadyOntario.com website.
15 PROCLAMATION OF SEPTEMBER 2023

AS NATIONAL PREPAREDNESS MONTH
WHEREAS, the City of Ontario is committed to ensuring the safety and security of all those living and visiting the city, and is dedicated to raising the awareness of all employees, residents, schools, and businesses about the importance of being prepared for potential disasters; and
WHEREAS, the U. S. Department of Homeland Security is focused on promoting and improving our Nation’s ability to respond to emergencies and strongly supports efforts by cities to safeguard their communities by encouraging them to implement simple measures that will mitigate potential hazards and prevent damage to land and property; and
WHEREAS, the City of Ontario is proud to join with the Federal Emergency Management Agency (FEMA) in this nationwide effort and pledge their support for emergency preparedness by encouraging everyone, especially our older adults, in the community to create an emergency plan for themselves and their family and friends, to equip themselves with the necessary supplies to care for themselves and their families for at least 72 hours, to register themselves and their family for the mass notification tool AlertOntario, and become informed about the different threats that may affect them; NOW, THEREFORE, the City of Ontario, its City Council and staff members do declare the month of September 2023 as:

NATIONAL PREPAREDNESS MONTH

GIVEN UNDER THE CORPORATE SEAL OF THE CITY OF ONTARIO,
CALIFORNIA this 5th day of September 2023.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________
Claudia Isbell, ASSISTANT CITY CLERK
16 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
August 1, 2023

JOINT MEETINGS
The Regular Joint Meetings of the Ontario City Council and the Ontario Housing Authority scheduled for August 1, 2023, were cancelled due to the City’s celebration of National Night Out. The next regularly scheduled City Council / Housing Authority meetings will be held on Tuesday, August 15, 2023, at City Hall, 303 East B Street, Ontario, California.

Respectfully submitted,
_______________________________________________________ CLAUDIA Y. ISBELL, MMC, ASSISTANT CITY CLERK/SECRETARY

APPROVED
________________________________________________________ PAUL S. LEON, MAYOR/CHAIRMAN
17 Department: Economic Development
Prepared By: Karla Tavera
Department:

Prepared By: Miranda Watkins
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HMC GROUP DBA

HMC ARCHITECTS

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the General Fund to cover the cost of these services. The recommended Amendment No. 3 will increase the contract amount by $450,848 for a total not-to-exceed contract amount of $ 4,428,971

BACKGROUND & ANALYSIS:

The City of Ontario is committed to ensuring high-quality development throughout the community, and to help initiate this development when appropriate.

Economic Development has identiﬁed a privately owned, undeveloped 25-acre property (Site) generally at the southwest corner of Inland Empire Boulevard and North Archibald Avenue. As a site planning exercise, Staﬀ reached out to On-Call
Architectural, Space Planning and Engineering
Services, HMC Architects (HMC) to develop concepts as we contemplate future development opportunities of this underutilized parcel.

HMC submitted a proposal to develop a new Retail and Residential Master Plan (Plan) of the Site.

The cost to prepare a Site analysis diagram and three Site concept options for the Retail and Residential Plan is $45,000, and it will be delivered in two months. The full proposal is attached. This information will inform future development opportunities for this Site.

18 The City of Ontario Housing Services Department develops and implements a coordinated, strategic approach to providing innovative options for individuals experiencing homelessness and housing instability. The Ontario Continuum of Care Campus site is envisioned for a roughly 5-acre site located on E. Holt Blvd. between N. Imperial Ave. and North Corona Ave. The site will include an Access Center, emergency and interim housing, and permanent aﬀordable housing. Housing Services Department staﬀ has also engaged On-Call Architectural and Space Planning Services from HMC to develop the space programming model and conceptual design. The HMC Proposal includes developing conceptual adjacency diagrams, developing cost plans, perspective renderings, and floor plans at $199,888. These elements are slated to be delivered within three months.

The City recently acquired real property at the southeast corner of Ontario Avenue and Chino Avenue for the development of public recreation and open space amenities for the community to enjoy. This future development will serve as new parkland with public amenities, including open space, play features, tennis courts, pickleball courts, a skate park, ball ﬁelds, recreation center, and an aquatics facility. Staﬀ have engaged HMC to begin the programming and conceptual design phase and assist in developing a program model, facilitating a stakeholder engagement workshop, conceptual site planning, preparing a preliminary design, and developing a cost estimate for construction. HMC will assist staﬀ in designing a state-of-the-art, approximately 80,000-square-foot facility to meet the needs and demands of recreational programming and services. The facility will also be the future administrative headquarters for the City’s Recreation & Community Services Department. The cost for these services will be $205,960. 19 Department: Public Works
Prepared By: Bonnie Tam
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Approved By:

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

A RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR STREET SWEEPING

PURPOSES ON CERTAIN PORTIONS OF EAST HARVARD PLACE IN THE CITY OF

ONTARIO

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution establishing parking restrictions for street sweeping purposes on certain portions of East Harvard Place in the City of Ontario.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

There will be nominal administrative costs of $475 related to signage, which is included in the FY 2023-24 Adopted Budget from the Gas Tax Fund.

BACKGROUND & ANALYSIS:

On July 6, 2021, the City of Ontario adopted Ordinance No. 3188, adding Section 4-6.1019 to Article 10 of Chapter 6 of Title 4 to establish parking restrictions on public streets for street sweeping purposes. This Ordinance was adopted pursuant to the authority provided to the City by California Vehicle Code Section 22507.6, which permits local authorities to prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping.

In accordance with Section 4-6.1019, the Executive Director Public Works established a process for the creation of street sweeping parking restrictions on designated streets. A resident will initiate a request by submitting a petition to Public Works Agency Staﬀ. If two-thirds or greater of the residents in the area agree with a proposed parking restriction, Staﬀ would recommend adoption of a resolution to designate parking restrictions to the City Council.

Pursuant to this process, a petition was submitted to the Public Works Agency by a resident from, East Harvard Place from North Cucamonga Avenue to the end. Staﬀ veriﬁed that two-thirds of residents or greater desired parking restriction for street sweeping.

Accordingly, Staﬀ recommends that the City Council approve the following parking restrictions for these areas:

20 1
.

East Harvard Place from North Cucamonga Avenue to the end (no parking on both sides of the street on Wednesdays from 6 A.M. to 10 A.M.)

Should the City Council agree to establish the aforementioned parking restrictions, it should adopt the proposed Resolution in accordance with Section 4-6.1019(c). 21 RESOLUTION NO. ________

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

CALIFORNIA, ESTABLISHING PARKING RESTRICTIONS FOR STREET

SWEEPING PURPOSES ON CERTAIN PORTIONS OF EAST HARVARD
PLACE IN THE CITY OF ONTARIO.

WHEREAS, the California Vehicle Code Section 22507.6 permits local authorities to prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping; and WHEREAS, on July 6, 2021, the City of Ontario adopted Ordinance No. 3188, adding Section 4-6.1019 to Article 10 of Chapter 6 of Title 4 to establish parking restrictions on public streets for street sweeping; and WHEREAS, in accordance with Section 4-6.1019(b), the Executive Director of Public Works established a process for designating restricted parking zones for street sweeping purposes, as follows: residents would initiate requests by submitting a petition with signatures from residents who encompass two-thirds or greater of the residents of the block; and
WHEREAS, Section 4-6.1019(c) authorizes the City Council to establish designated restricted parking zones for street sweeping purposes, by resolution; and WHEREAS, staff has received the requisite petition with two-thirds of residents or greater in support of parking restrictions from a resident of the City and is recommending to the City Council adoption of a resolution to designate parking restrictions in those areas; and
WHEREAS, the City Council wishes to adopt a resolution, pursuant to Section 4-6.1019(c) on the Ontario Municipal Code, designating portions of East Harvard Place, on certain dates and times, as restricted parking zones for street sweeping purposes.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:

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

SECTION 2. Regulation. The City Council hereby designates the following as restricted parking zones, on the days and times indicated, for street sweeping purposes:

A. East Harvard Place from North Cucamonga Avenue to the End: No parking on both sides of the street on Wednesdays from 6 A.M. to 10 A.M. 22 SECTION 3. Exceptions. Pursuant to Vehicle Code section 22507.6, in residential areas, the parking restrictions established by this resolution shall not apply to commercial vehicles making pickups or deliveries of goods, wares, or merchandise from or to any building or structure located on a restricted street, or for the purpose of delivering materials to be used in the repair, alteration, remodeling or reconstruction of any building or structure for which a building permit has previously been obtained.

SECTION 4. Signage. The City Manager shall cause appropriate signage to be posted on each street on which parking is restricted for the purpose of street sweeping.

The signage shall be in accordance with the requirements of Vehicle Code section 22507.6 and shall set forth the days and hours during which parking is prohibited for the purpose of street sweeping. The parking restrictions established in this Resolution shall become effective upon posting of the signage.

SECTION 5. CEQA. The Council finds that this project is categorically exempt from the California Environmental Quality Act under Title 14 of the California Code of Regulations sections 15301 (existing facilities) and 15304 (minor alterations to existing public facilities) and no further environmental assessment is necessary.

SECTION 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City declares that the City Council could have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 7. Effective Date. This Resolution shall become effective 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 5th day of September 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
24 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 September 5, 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 September 5, 2023. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
25 Department: Engineering
Prepared By: Miguel Sotomayor
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS

AND ASSOCIATES FOR ON-CALL ENGINEERING PLAN CHECK SERVICES

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

The services for this agreement are paid from development related fees collected from applicants for plan check services, on an as-needed basis. The FY 2023-24 Adopted Budget includes $1,500,000 for Engineering plan check services. If needed, additional General Fund appropriations, as well as the corresponding increase in development related revenues for plan check services, will be included in a future quarterly budget update.

BACKGROUND & ANALYSIS:

In October 2020, the City awarded a three-year contract with an option to extend the Agreement for one additional two-year period to Harris and Associates for on- call professional engineering plan check services in the amount of $720,000 per contract year. In March 2022, the City approved an Amendment to add $1,880,000 to the second contract year and $1,360,000 to the third contract year for a revised three year not-to-exceed amount of $5,400,000.

Due to the current volume of development projects within the City, speciﬁcally the industrial developments in Ontario Ranch, there is an associated increase in the volume of the improvement plans submitted to the Engineering Department for review. This Amendment will provide $2,250,000 for the fourth contract year and $2,250,000 for the ﬁfth contract year and revise the 26 entire ﬁve-year contract not-to-exceed amount to $9,900,000 to the Professional Services Agreement with Harris and Associates and allow the City to continue to provide plan checking services in a timely manner, thus maintaining the City's plan check review schedule and commitment to the development community.
27 Department: Police 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: 6
SUBJECT:

ADOPTION OF ORDINANCE APPROVING A MILITARY EQUIPMENT USE POLICY PURSUANT TO GOVERNMENT CODE SECTIONS 7070, ET. SEQ.

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance adopting a Military Equipment Use Policy.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies 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. AB 481 requires law enforcement agencies to obtain approval of the applicable governing body, by adoption of a Military Equipment Use Policy, as speciﬁed, by Ordinance at a regular meeting held pursuant to speciﬁed open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

In addition, state or local law enforcement agencies must publish the policy on the agency's internet website and provide a copy of the policy to the Governor or the Governor's designee. AB 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets speciﬁed standards. AB 481 also requires the governing body to annually review the Ordinance and either approve, disapprove a renewal of the authorization for itemized military equipment, or amend the Military Equipment Use Policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, that the military equipment does not comply with standards for approval.

This is the second reading of Ordinance to approve the Ontario Police Department's Military Equipment Use Policy.
28 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
29 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.
30 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 5th day of September 2023. ___________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
32 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. 3259 was duly introduced at a regular meeting of the City Council of the City of Ontario held August 15, 2023 and adopted at the regular meeting held September 5, 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. 3259 duly passed and adopted by the Ontario City Council at their regular meeting held September 5, 2023 and that Summaries of the Ordinance were published on August 22, 2023 and September 12, 2023, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
33 Policy
708
Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Copyright Lexipol, LLC 2022/05/12, 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. 34 Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/05/12, 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 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). 35 Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/05/12, 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
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 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:
i. The Department will remain in charge of the overall incident command. ii. 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.
iii. The assisting agency will adhere to their respective policies and procedures, particularly those governing the use of military equipment.
iv. 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 36 Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/05/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 4 procedure, the Incident Commander may elect to cancel the request for mutual aid or re- assign the assisting agency to a different support mission. 708.7 COMPLIANCE
The use of military equipment is subject to individual Department Policies and Procedures, 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.

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

Administrative Investigations concerning complaints related to military equipment will be conducted in accordance with Department policy. These investigations may be subject to review by the Office of the Chief of Police to ensure that compliance with this military equipment procedure is maintained.

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. 708.8 COMPLAINT PROCESS
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 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.

Complaints directly related to the application or use of military equipment shall be handled in accordance with department policy. The 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:
a) Via the Department internet website where the public can email specific military equipment related questions to the Department.
b) At pre-determined Community Engagement Meetings related to military equipment. c) At City-Council Meetings related to military equipment. 37 Ontario Police Department
Ontario PD CA Policy Manual - May 05, 2014
Military Equipment
Copyright Lexipol, LLC 2022/05/12, All Rights Reserved.

Published with permission by Ontario Police Department ***DRAFT*** Military Equipment - 5 d) 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.
708.9 ANNUAL REPORT
The Department shall submit to City Council an annual military equipment report for each type of military equipment approved by the City Council within one (1) 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:
a) A summary of how the military equipment was used and the purpose of its use. b) A summary of any complaints or concerns received concerning the military equipment. c) 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. d) 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.
e) The quantity possessed for each type of military equipment. f) If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
g) Within thirty (30) days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one (1) 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. h) 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.
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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.

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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 40

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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. 41

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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
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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
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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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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. 47

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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 48

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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 60

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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.).

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. 67

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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 68

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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) 71

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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

72 Department: Housing
Prepared By: Hannah K Mac Kenzie
Staff Member Presenting:

Helen McAlary, Executive Director Community
Life and Culture
Approved By:

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

A RESOLUTION DETERMINING THE CITY-OWNED PROPERTY AT 517/521/525

NORTH VIRGINIA AVENUE AS EXEMPT SURPLUS LAND, TRANSFER PROPERTY TO

ONTARIO HOUSING AUTHORITY AND APPROVE AFFORDABLE HOUSING

RESTRICTIONS

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council and the Ontario Housing Authority Board of Directors take the following actions:

A
.

Adopt the Resolution declaring certain City-owned real property at 517, 521, and 525 North Virginia Avenue (APN: 1048-412-13) to be exempt surplus land; B
.

Adopt a Finding that no further CEQA analysis is necessary C
.

Authorize the transfer of the property to the Ontario Housing Authority to create aﬀordable housing;
D
.

Approve the Aﬀordable Housing Regulatory Agreement establishing new aﬀordable housing requirements; and
E
.

Authorize the City Manager or designee to take all actions necessary with respect thereto.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is no direct ﬁscal impact associated with this item. The property will be transferred to the Ontario Housing Authority at no cost.

BACKGROUND & ANALYSIS:

On September 21, 1999, the City of Ontario (City) acquired the property located at 517, 521, and 525 North Virginia Avenue (Property). The Property consists of three buildings containing nine two-bedroom units. There are currently no active aﬀordable housing restrictions that exist for the Property. Between July 2005 and July 30, 2023, the property was leased to a service provider to operate a transitional housing program. Upon the termination of the lease, City Staﬀ identiﬁed an opportunity to increase the supply of aﬀordable housing by transferring the Property to the Ontario Housing Authority (OHA) and establishing the Aﬀordable Housing Regulatory Agreement (Agreement). The Agreement will restrict the use of the Property to provide aﬀordable housing restricted to households earning at or below 80% of the Area Median 73 Income (AMI) with rents aﬀordable to lower-income households based on California Health and Safety Code Section 50053 for a 55-year term.

The California Surplus Land Act (California Government Code section 54220 et seq) (Act) makes various ﬁndings and declarations as to the need for aﬀordable housing and the use of surplus government land for that purpose. Under Cal. Gov. Code section 54221(b)(1), land shall be declared either “surplus land” or “exempt surplus land,” as supported by written ﬁndings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures.

Under the Act, “exempt surplus land” includes land that a local agency is transferring to another local, state, or federal agency for the transferee agency’s use. As the duly established housing entity for the City of Ontario, the OHA qualiﬁes as a 'local agency' under the Act.

The transfer of the
Property to the OHA satisfies the requirements for a declaration of 'exempt surplus land.'

By adopting this resolution, the City Council continues its commitment to addressing the pressing issue of aﬀordable housing and fulﬁlling its responsibility to provide a range of housing options for residents.
74 RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 54221
DECLARING THAT CERTAIN REAL PROPERTY (517, 521, AND 525

NORTH VIRGINIA AVENUE) IS EXEMPT SURPLUS LAND AND FINDING

THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL
REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Ontario (the "City") acquired certain real property commonly described as 517, 521, and 525 North Virginia Avenue (APN: 1048-412-13), (the "Property") for the purpose of increasing, improving, and preserving the City of Ontario’s supply of low–and–moderate income housing available at an affordable cost.

WHEREAS, the City is the owner of the Property within the corporate limits of the City of Ontario.

WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (the “Act”) applies when a local agency disposes of “surplus land,” which is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Government Code section 54221(b)(1).) WHEREAS, the Act expressly does “not apply to the disposal of exempt surplus land.” (Government Code section 54222.3.)
WHEREAS, under the Act, “exempt surplus land” includes land that a local agency is transferring to another local, state, or federal agency for the transferee agency’s use. (Government Code section 54221(f)(1)(D).)
WHEREAS, the Act requires local agencies such as the City to declare certain real property they own as either “surplus land” or “exempt surplus land,” as supported by written findings, prior to any disposition of the real property.

WHEREAS, pursuant to the provisions of the California Housing Authority Law (Part 2 of Division 24 of the Health and Safety Code [herein, the "Housing Authority Law"]), the City has designated the Ontario Housing Authority (the "OHA") as the housing entity for the City of Ontario.

WHEREAS, pursuant to the Housing Authority Law, the OHA is a housing authority duly established and operating as a local housing authority performing a public function and may make and execute contracts necessary or convenient to the exercise of its powers.

WHEREAS, the City desires to transfer the Property to the OHA, which is a “local agency” under the Act, and upon acquiring of the Property, the OHA intends to ensure the Property is utilized for the provision of low-income housing. 75 WHEREAS, the City Council has reviewed this Resolution and now desires to declare the Property as exempt surplus land under the Act, based on the findings and justifications contained in this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ontario does hereby find, determine, and order as follows:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.

SECTION 2. The City Council hereby declares that the Property is exempt from the Act as exempt surplus land pursuant to Government Code section 54221(f)(1)(D), based on the findings contained in this Resolution for the Property, namely that the City intends to transfer the Property to the OHA, another local agency, for the OHA’s purposes of maintaining affordable rental housing.

SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). City staff has determined that the designation of the Property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution, in and of itself, does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 4. The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines.

SECTION 5. If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

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

PASSED, APPROVED, AND ADOPTED this 5th day of September 2023. _____________________________________
PAUL S. LEON, MAYOR
76 ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
77 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
78 RESOLUTION NO. _______

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

CALIFORNIA, TRANSFERRING THAT CERTAIN REAL PROPERTY

COMMONLY REFERRED TO AS THE ASSISI HOUSE TO THE ONTARIO

HOUSING AUTHORITY FOR TRANSITIONAL HOUSING OR
AFFORDABLE HOUSING USE.

WHEREAS, the City of Ontario (“City”) is the owner in fee of that certain real property commonly referred to as the Assisi House, located at 517, 521, and 525 North Virginia Avenue, Assessor Parcel Number 1048-442-13, and legally described in Exhibit “A” (the “Property”).

WHEREAS, the City desires to convey the Property to the Ontario Housing Authority (“OHA”) pursuant to a Quitclaim Deed, in the form on file with the City Clerk, for the purpose of the continued operation of the Property for the provision of transitional housing or affordable housing for low income households residing within the City.

WHEREAS, the Property will be transferred to the OHA subject to an affordability covenant requiring the Property to be used for the purpose as specified above, for a period of no less than fifty-five (55) years, in the form on file with the City Clerk (the “Affordability Covenant”).

WHEREAS, the City desires to convey the Property to the OHA, and the OHA desires to accept the conveyance of the Property, and to ensure the continued use of the Property for affordable housing purposes.

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 2. CEQA Compliance. The approval of the transfer of the Property from the City to the OHA does not commit the City or OHA to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act.

SECTION 3. Transfer of Property. The City hereby approves and authorizes the transfer of title to the Property to the OHA, subject to recordation of the Affordability Covenant.
79 SECTION 4. Implementation. The City Manager or his or her designee is hereby authorized and directed to, on behalf of the City, execute any and all documents, and take any and all action necessary to effectuate the transfer of the Property from the City to the OHA in accordance with this Resolution and applicable law.

SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

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

SECTION 7. Effective Date. This Resolution shall become effective 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 5th day of September 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
80 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
81 ATTACHMENT 1

LEGAL DESCRIPTION OF THE PROPERTY
THE SOUTH 165 FEET OF THE EAST ½ OF LOT “C”, HANSON AND COMPANY’S

ADDITION TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGE (S) 51, RECORDS OF SAID COUNTY.

EXCEPTING THERFROM THE EAST 30 FEET THEREOF CONVEYED TO THE CITY OF ONTARIO FOR STREET PURPOSES.
82 RESOLUTION NO. OHA-_____

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE

CITY OF ONTARIO, CALIFORNIA, ACCEPTING THE TRANSFER OF

THAT CERTAIN REAL PROPERTY COMMONLY REFERRED TO AS THE

ASSISI HOUSE FROM THE CITY OF ONTARIO FOR TRANSITIONAL
HOUSING OR AFFORDABLE HOUSING USE.

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE GOVERNING BOARD OF THE ONTARIO HOUSING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 3. Transfer of Property. The OHA hereby accepts the transfer of title to the Property to the OHA, and recordation of the Affordability Covenant.

SECTION 4. Implementation. The Executive Director or his or her designee is hereby authorized and directed to, on behalf of the OHA, execute any and all documents, and take any and all action necessary to effectuate the transfer of the Property from the City to the OHA in accordance with this Resolution and applicable law. 83 SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

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

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

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

PASSED, APPROVED, AND ADOPTED this 5th day of September 2023. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
84 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, Secretary of the Ontario Housing Authority, DO HEREBY CERTIFY that the foregoing Resolution No. OHA- was duly passed and adopted by the Board Members of the Ontario Housing Authority at their regular meeting held September 5, 2023 by the following roll call vote, to wit:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
The foregoing is the original of Resolution No. OHA- duly passed and adopted by the Ontario Housing Authority at their regular meeting held September 5, 2023. ____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
85 ATTACHMENT 1

LEGAL DESCRIPTION OF THE PROPERTY
THE SOUTH 165 FEET OF THE EAST ½ OF LOT “C”, HANSON AND COMPANY’S

ADDITION TO ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 12 OF MAPS, PAGE (S) 51, RECORDS OF SAID COUNTY.

EXCEPTING THERFROM THE EAST 30 FEET THEREOF CONVEYED TO THE CITY OF ONTARIO FOR STREET PURPOSES.
86 Department: Public Works
Prepared By: Philip Marino
Staff Member Presenting:

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

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

AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH WITHERS AND SANDGREN, LTD. FOR STREETSCAPE IMPROVEMENTS FOR THE MISSION

BOULEVARD MEDIAN IMPROVEMENTS PROJECT

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Grants Fund for design services for streetscape improvements for the Mission Boulevard Median Improvements Project to include new shade trees, decorative cobble, boulders, decomposed granite, drought tolerant shrubs and groundcover. The recommended Amendment No. 1 will increase the contract amount by $170,000 for a total not-to-exceed contract amount of $235,800.

BACKGROUND & ANALYSIS:

The medians on Mission Boulevard between Mountain Avenue and Grove Avenue are an under-utilized public space in an underserved community, lacking shade from trees to represent the culture and history of the community. The medians have large, empty tree wells, exposed dirt where turf grew prior to watering ordinance and drought conditions, and large sections of cement. Filling the existing empty spaces with decorative and natural materials will enhance the appearance of the corridor and provide land area for water capture and inﬁltration.

This project will also continue the landscape renovation work that was completed on Mission Boulevard from Benson Avenue to Mountain Avenue in Fiscal Year 2022-23. The proposed design services include pre-design analysis, conceptual and schematic design, preparation of construction documents, cost estimates and speciﬁcations, bid support and construction administration, and topographic survey.
87 This project is a Priority Legislative Budget Project (PLBP) with funding distributed by Caltrans authorized by the California Legislature, speciﬁcally Assembly Bill 179. Caltrans is the authorizing agency for the proper distribution of the funding provided by this legislation. On December 14, 2022, the City was awarded $2,000,000 in PLBP funds to fund the Mission Boulevard Median Improvements Project.

Caltrans has conﬁrmed that the City can expend the funds prior to the execution of the Funds Transfer Agreement that is currently under review with Caltrans. The funds must be encumbered by June 30, 2024 and expended by June 30, 2026. Staﬀ plans to seek the City Council’s approval to accept the PLBP funds as soon as Caltrans approves the Funds Transfer Agreement.

At this time,
Staﬀ recommends increasing the total authorized contract amount by $170,000 with Withers & Sandgren Ltd. to begin the design phase of this project. 88 Department: Economic Development
Prepared By: Karla Tavera
Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

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

A PROFESSIONAL SERVICES AGREEMENT WITH INTERPERSONAL FREQUENCY, LLC., FOR WEBSITE REDESIGN SERVICES

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations of $128,000 in the Information Technology Fund and $190,000 in the General Fund. The proposed Agreement has a year one cost of $318,000, with a total not-to-exceed contract amount of $1,001,975 over ﬁve years. Ongoing website maintenance services, covered by the Information Technology Fund will be $158,690 for year two, $166,625 for year three, $174,956 for year four and $183,704 for the ﬁnal year. If approved, appropriations will be added to the future years’ budgets consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

In January 2021, the Information Technology Agency solicited proposals for a new web support ﬁrm. After careful review of the submitted proposals, experience and ability to manage the City's public websites, Interpersonal Frequency, LLC., was ranked the top firm across all criteria.

The City, in its constant pursuit of excellence, prioritizes providing accessible information to our residents, business owners and other constituents. Staﬀ is recommending that City Council approve an Agreement with Interpersonal Frequency, LLC. to redesign the main City website and 89 two microsites for Economic Development and Museum, all aimed at enhancing user-friendliness, accessibility and a clean look that emphasizes the City's brand. This Professional Service Agreement will cover the scope of work to redesign all three sites as well as the maintenance required for each site for the next four years.
90 Department: Police Department
Prepared By: Nicole Alvarez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

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

APPROVAL OF THE SOLE SOURCE PURCHASE OF MERIDIAN BARRIERS FROM

MERIDIAN RAPID DEFENSE GROUP

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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 FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the General Fund for the purchase of meridian barriers in the amount of $214,000. If needed, additional appropriations will be requested at the next quarterly budget update.

BACKGROUND & ANALYSIS:

The Ontario Police Department recognizes the need for meridian barriers to help with road closures at various events around the city. This purchase will help with the safety of oﬃcers working events as well as the public attending. Meridian Rapid Defense Group will provide Archer 1200 Barrier which can be easily and rapidly deployed using the Archer Field Tow Bar and/or Archer Hauler. The Archer 1200 barriers can be conﬁgured in varying numbers and patterns and connected with Arrestor Cables. Best-in-class for Hostile Vehicle Mitigation (HVM), Meridians' Archer 1200 Vehicle Barriers ﬁll a speciﬁc need that is simply unmatched by anything currently on the market. Strength and ﬂexibility make them a vital component of the Police Department's overall security plan. The rapidly deployable Archer 1200 Barrier can augment ﬁxed- in-place HVM barriers or be utilized as a primary security system for entry points, roadways, and perimeters.
91 Department: Engineering
Prepared By: Yesenia Lopez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

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

AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE

RUBBERIZED PAVEMENT GRANT PROGRAM

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The subject grant provides for reimbursement to the City for up to $250,000 for usage of Rubberized Asphalt Concrete (RAC). If awarded the grant, appropriations and corresponding revenue will be included in a future quarterly budget update report.

BACKGROUND & ANALYSIS:

CalRecycle oﬀers grant programs to promote markets for rubberized pavement products derived from 100% recycled California-generated waste tires. The Rubberized Pavement Grant Program is designed to encourage use of rubberized pavement in two project types: RAC Hot-Mix and Rubberized Chip Seal. CalRecycle provides funding on a competitive basis to local governments and are paid on a reimbursement basis. Grant funds are determined by the amount of rubberized asphalt placed and the number of grants previously awarded to the City. The City has previously been awarded $850,000 from four previous CalRecycle Grants for usage of RAC Hot-Mix in four annual pavement rehabilitation projects. Matching funds are not required. It is noted that the City has been using recycled rubberized asphalt for more than 15 years. 92 RESOLUTION NO. _______

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

CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR THE CALRECYCLE RUBBERIZED PAVEMENT GRANT PROGRAM.

WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by Resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ontario, California, authorizes the submittal of applications to CalRecycle for the Rubberized Pavement Grant Program; and
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized and empowered to execute in the name of the City of Ontario all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption 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 5th day of September 2023. ________________________________
PAUL S. LEON, MAYOR
93 ATTEST:
________________________________

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

BEST BEST & KRIEGER LLP

CITY ATTORNEY
94 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
95 Department: Police Department
Prepared By: Nicole Alvarez
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

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

A SOLE SOURCE PURCHASE WITH MOTOROLA SOLUTIONS, INC FOR PORTABLE

MOTOROLA RADIOS FOR POLICE STAFF

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

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 FISCAL IMPACT:

Appropriations will be included in the Information Technology Fund in the next quarterly budget adjustment to purchase Motorola Radios for the Ontario Police Department. The cost of the Motorola Radios is $2,003,709 plus a $496,291 contingency for a total not-to exceed of $2,500,000 for additional radios and subscription services.

BACKGROUND & ANALYSIS:

On April 2023 the City Council approved the pre-authorized vendor list for the Police Department. This list included Motorola, Inc., of Chicago, Illinois, in the amount of $525,000. After a needs assessment was completed with Information Technology, it was determined the current portable radios in inventory are reaching end of life and replacement parts and batteries are becoming hard to acquire. Handheld radios are a vital part of daily operations for officers. Having new updated and reliable equipment is important for officer safety. 96 Department: Utilities Customer Services
Prepared By: Claudia Hernandez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 13
SUBJECT:

AN AMENDMENT WITH OPEX CORPORATION FOR MAIL EXTRACTION AND

SCANNING WORKSTATION SOFTWARE

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The proposed Amendment No. 1 with OPEX increases the existing Agreement by $17,197, for a new total not-to-exceed amount of $158,204. The Fiscal Year 2023-24 Adopted Budget includes appropriations from the Integrated Waste, Sewer and Water Operating Funds to cover the cost of these services. There is no fiscal impact to the General Fund.

BACKGROUND & ANALYSIS:

Utilities Customer Service is responsible for the billing and payment collection of Integrated Waste, Sewer and Water services, and currently processes approximately 76,000 check payments per year. On September 6, 2022, the City Council approved a sole source Goods and Service Agreement to OPEX for the Falcon+Model 72 automated mail extraction and scanning workstation (Workstation). The Workstation oﬀers the latest technology for opening envelopes, extracting contents and document scanning all in one process. The Workstation reduces processing times due to its high-capacity feeder, touchscreen monitor where operators can view images in real-time to ensure proper capture and various media detection capabilities.

The proposed Amendment No.1 will provide for the conﬁguration, installation and testing of custom output ﬁles required to import the scanned customer and payment data from the Workstation into the City’s utility billing system. The term of the existing Agreement includes warranty and annual licensing provisions that run through September 6, 2025. 97 Department: Broadband Operations
Prepared By: Judy Witrago
Staff Member Presenting:

Jimmy Chang, Broadband General Manager
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 14
SUBJECT:

PURCHASE OF NETWORK FIREWALL AND ROUTER EQUIPMENT WITH SIDEPATH, INC., AND NTT AMERICA, INC.

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

B
.

Approve and authorize the City Manager, or his designee, to execute a Goods and Equipment Purchase Agreement with NTT America, Inc., of New York, New York for the purchase of carrier-grade Internet network router equipment in the amount of $222,984, plus a 10% contingency on the pre-tax amount of $21,475 for Fiscal Year 2023-24, for a total not-to- exceed contract amount of $244,459.

C
.

Authorize a total aggregate not-to-exceed contract amount of $496,857 with Sidepath, Inc., and NTT America, Inc.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Broadband Fiber Fund. The total cost for the recommended actions is $496,857.

BACKGROUND & ANALYSIS:

The Broadband Department designs, constructs, and operates the OntarioNet ﬁber and wireless network to deliver broadband services to City facilities, residents, businesses, and institutions with its service provider. The service and network have connected over 1,600 residential subscribers, over 150 business/commercial customers, over 20 City facilities, and over 90 traﬃc signal cabinets. This has resulted in over 200 miles of ﬁber optic cable installed throughout the City, providing the infrastructure to support low-cost alternative ﬁber internet service for communities in Ontario Ranch and newly identiﬁed areas in Old Model Colony. To 98 expand the operational footprint of OntarioNet, carrier-grade network Internet ﬁrewalls and routing equipment are needed at OntarioNet's Point-of-Presence (POP) facilities to operate a resilient broadband network. Placement of such equipment at various POP facilities will provide maximum security protection to ensure services are uninterrupted for customers in the event of cyber security threats and network disruptions.

Staﬀ obtained a quote from Sidepath, Inc., of Laguna Hills, California, an approved pre-authorized vendor with the City, for an F5 Networks High-Availability (HA) ﬁrewall in the amount of $231,143.

Staﬀ also obtained three quotes from the following Juniper router manufactured-approved resellers:

Vendor Name
Location
Amount
VarData
Rochester, New
York
$237,016
Computacenter
San Francisco,
California
$231,659
NTT America, Inc.

New York, New
York
$222,984
Staﬀ reviewed the quotes for responsiveness and pricing criteria. Based on the City’s Purchasing Policy, Sec. 2-6.19 Alternative Bid Procedure, proposed unit pricing and estimated quantities of the most often used items, Staﬀ recommends awarding the Purchase Agreements to Sidepath, Inc. and NTT America, Inc., for the purchase of Internet ﬁrewalls and network routers. In addition, Staﬀ recommends including a 10% contingency on the pre-tax quote amounts to cover any unforeseen items.
99 Department: Public Works
Prepared By: Manuel Rebolledo
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: 15
SUBJECT:

AUTHORIZE THE PURCHASE OF FLEET VEHICLES WITH PEORIA FORD AND

NATIONAL AUTO FLEET GROUP

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Award Bid No. 1685 and authorize the purchase and delivery of three (3) Ford F-150 pickup trucks from Peoria Ford, of Peoria, Arizona, in the amount of $204,572 for the Fire Department;
B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Equipment Services Fund for the purchase of ﬂeet vehicles. The total cost of the vehicles recommended for purchase is a total not-to-exceed amount $3,509,943.

BACKGROUND & ANALYSIS:

The vehicles recommended for replacement in this action have outlived their useful lives and are no longer cost eﬀective to maintain. They are scheduled for replacement pursuant to ongoing eﬀorts to reduce expenses, maximize useful life expectancy and extend replacement cycles of fleet equipment while ensuring safe and reliable operation. 100

Two (2) of the Ford F-150 pickup trucks requested by Fire Department, two (2) of the Ford Explorer SUVs requested by Police Department, and 23 of the Dodge Durango pursuit vehicles requested by Police Department, are a result of growth throughout the City leading to increased operations. The other 23 vehicles being requested are replacements for existing vehicles.

In general conformation with the provisions of Government Code Section 54201 through 54204, Ontario Municipal Code Section 2-6.29 allows for the purchase of supplies and equipment through cooperative purchasing programs, pursuant to California Government Code Section 6502 and City of Ontario Resolution No. 91-141. Cooperative purchasing allows the City to pool its procurement power with other public agencies to obtain lower pricing than otherwise might be possible.

In August 2023, the City solicited Bids for F-150 pickup trucks and Ford Explorer SUVs. Peoria Ford, of Peoria, Arizona was the only responsive bidder.

QUANTITY
TYPE
AGENCY
PRICE
3 Ford F-150 Pickup Truck
Fire
$204,572
9 Ford Explorer SUV
Police
$448,671
38 Dodge Durango Pursuit
Vehicle
Police
$2,856,700
TOTAL

TOTAL
50 $3,509,943
101
Department: Housing
Prepared By: Hannah K Mac Kenzie
Staff Member Presenting:

Helen McAlary, Executive Director Community
Life and Culture
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT:

A PUBLIC HEARING TO CONSIDER APPROVAL OF A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND HDC CONSTRUCTION, INC. FOR THE DEVELOPMENT OF THREE SINGLE-FAMILY HOUSING UNITS LOCATED AT 1325-1329 SOUTH EUCLID AVENUE (APNS: 1049- 531-01 AND 1049-531-02)

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the Board of the Ontario Housing Authority (OHA):

A
.

Authorize the Executive Director or designee to sign all documents necessary to implement the Agreement.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The Developer will purchase the property from the Ontario Housing Authority (OHA) for fair market appraised value of $357,000. The sales price is supported by an independent appraisal completed by a certiﬁed general appraiser. If approved, the proceeds from the sale of the property will be included in the next available Quarterly Budget Update.

BACKGROUND & ANALYSIS:

The property at 1325-1329 South Euclid Avenue is located at the northeast corner of Euclid Avenue and Acacia Street. It consists of 0.482 acres (21,000 square feet) of vacant land. The OHA currently owns the site. The development will result in the construction of three single-family homes with approximately 2,000 square feet of living area and a two-car garage for each home. The Developer will sell the completed units to homebuyers at market prices. The OHA will sell the land to the Developer based on the appraised market value, and the Developer is responsible for all project ﬁnancing. Funds from the sale will be considered OHA funds and will be used for future affordable housing development.
102

The Developer is progressing through the entitlements process and will be required to construct the project in accordance with City guidelines and requirements. The Agreement allows the Developer 90 days to complete due diligence investigations for the site before the close of escrow.

It allows 10 months to complete construction of the project. The Agreement may not be transferred or assigned without prior approval from the OHA. The Development is estimated to be completed by November 2024.
103
RESOLUTION NO. OHA- ____

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING
AUTHORITY AND HDC CONSTRUCTION, INC. FOR THE

DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT
1325/1329 SOUTH EUCLID AVENUE, ONTARIO (APNS: 1049-531-01 AND 1049-531-02).

WHEREAS, the Ontario Housing Authority, a California public agency ("Authority"), currently owns certain real property generally located at 1325/1329 South Euclid Avenue, Ontario (APNs: 1049-531-01/1049-531-02) and more specifically described in Exhibit A attached to this Resolution and incorporated herein by this reference (“Property”); and WHEREAS, the Authority and HDC Construction, Inc., a California corporation (“Developer”) have been in exclusive negotiations regarding the development of the Property since October 12, 2022 following submittal of a proposal by Developer to construct three single-family residences on the Property, each with approximately 2,000 square feet of living area, two-car garage, and Accessory Dwelling Unit (ADU) (“Project”); and
WHEREAS, the Authority and Developer have negotiated a Disposition and Development Agreement (the “Agreement”), a copy of which is attached to the agenda report associated with this Resolution. The Agreement provides for the sale of the Property at fair market value, and binds Developer to construct the Project in a timely manner and in accordance with the terms therein; and
WHEREAS, on August 25, 2023 and September 1, 2023, the Authority published notice of the public hearing to consider the disposition of the Property pursuant to the Agreement; and
WHEREAS, the proceeds of the sale of the Property, net of the cost of sale, will be set aside and used by the Authority to directly assist a housing project for persons of low income; and
WHEREAS, Developer’s proposed acquisition of the Property and the Developer’s anticipated construction of the Project on the Property in accordance with the terms of the Agreement, are in the best interest of the Authority and of the health, safety and welfare of the residents of the City, and are in accordance with the public purposes set forth in applicable law. Implementation of the Agreement will further the goals and objectives of the City’s general plan and the goals and objectives of the Authority by: (i) creating new housing, and (ii) providing funding to be set aside for future development by the Authority of housing for persons of low income.

NOW, THEREFORE, THE AUTHORITY DOES HEREBY RESOLVE AND
DECLARE AS FOLLOWS:
104
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Findings. The Authority intends to sell the Property to Developer and, based on the Recitals and all other information and testimony provided, the Authority Board finds that the sale of the Property pursuant to the Agreement will further the goals and purposes of the Authority, provide funding for future development of housing for low income persons, and benefit residents of the City by creating new housing.

SECTION 3. Hearing. In accordance with California Health and Safety Code Section 33431, and California Health and Safety Code Section 34312.3 (the Housing Authority law) a duly noticed public hearing was held by the Authority on August 15, 2023.

SECTION 4. CEQA. Approval of the proposed conveyance of the Property and approval of the Agreement is categorically exempt from environmental review under the California Environmental Quality Act of 1970 (CEQA), as amended, and the Guidelines promulgated thereunder, pursuant to Section 15312 (Class 12, Surplus Government Property Sales) of the CEQA Guidelines based on the following:

1. The property does not have significant values for wildlife or other environmental purposes;

2. The property to be sold would qualify for an exemption under any other class of categorical exemption in the State CEQA Guidelines;

3. The use of the property and adjacent property has not changed since the time of purchase by the public agency.

SECTION 5. Approval of Agreement. The Authority Board hereby approves the Agreement in substantially the form presented, subject to any non-substantive revisions which do not increase the Authority’s liability and are approved by the Authority counsel, and authorizes the Executive Director to sign and enter into the Agreement and perform the obligations of the Authority under the Agreement.

SECTION 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Authority declares that the Authority would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

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

The Secretary of the Ontario Housing Authority shall certify as to the adoption of this Resolution.
105
PASSED, APPROVED, AND ADOPTED this 5th day of September 2023. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
106

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, Secretary of the Ontario Housing Authority, DO HEREBY CERTIFY that the foregoing Resolution No. OHA-115 was duly passed and adopted by the Board Members of the Ontario Housing Authority at their regular meeting held September 5, 2023 by the following roll call vote, to wit:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
The foregoing is the original of Resolution No. OHA-115 duly passed and adopted by the Ontario Housing Authority at their regular meeting held September 5, 2023. ___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
107
EXHIBIT “A”
Legal Description of the Property
1325 South Euclid Avenue
APN: 1049-531-02
Legal Description: South Park TR LOT 22, City of Ontario, County of San Bernardino, State of California
1329 South Euclid Avenue
APN: 1049-531-01
Legal Description: South Park TR LOT 23, City of Ontario, County of San Bernardino, State of California
108
Department: Community Life & Culture
Prepared By: Lacey A Rightmer
Staff Member Presenting:

Helen McAlary, Executive Director Community
Life and Culture
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 17
SUBJECT:

INTRODUCTION OF AN ORDINANCE AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC

CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC

FACILITIES

CITY OF ONTARIO
Agenda Report
September
5, 2023
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council introduce, read by title only, and waive further reading of an Ordinance amending Section 5-11.02 of Chapter 11 of Title 5 of the Ontario Municipal Code relating to the public consumption and possession of alcoholic beverages on or in public facilities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Currently, the Ontario Municipal Code lists speciﬁc locations where the consumption or possession of alcoholic beverages are allowed. Not all City-owned facilities and parks are included in the Code. The proposed Ordinance makes all City-owned facilities and parks eligible for events with alcohol.

The Ordinance proposes to redirect the authority to grant alcohol at City facilities not explicitly mentioned from the City Council to the City Manager, in order to provide greater ﬂexibility and eﬃciency in the City's operations. This Amendment only applies to City-sponsored events and events put on by the City supporting non-proﬁt organizations. In either case, approval from the City Manager or their designee will be required. In addition, a supporting organization host will be required to obtain a Special Event Permit.

Through the Special Event Permit and ABC license processes, City supporting non-proﬁt organizations will receive guidance from Ontario Police Department to ensure the safety of their event. Any permit or permission issued by the City that will allow for the consumption and possession of alcohol at a City-owned facility or park may be modiﬁed, suspended, or revoked at any time by the Chief of Police or their designee when a breach of the peace or danger to public health, safety, or general welfare of the residents, public or event participants exists. 109

The City's non-proﬁt support groups occasionally hold events at City facilities as celebrations and fundraisers. This change aims to enhance the ﬂexibility and revenue potential for events hosted by these support organizations. For instance, the Friends of the Library will host their 50th-anniversary celebration at the Ontario City Library on November 4, 2023. The proposed Amendment to the Ordinance will allow this event to include alcohol and increase revenues for the Friends of the Library to support the Ontario City Library throughout the year. Additionally, it provides ﬂexibility for City-sponsored events.

Without this Ordinance, the Friends of the Library would need to ask the City Council to approve the use of alcohol at their event, by Resolution. The proposed Amendment to the Municipal Code reﬂects a balanced approach that allows the City and City non-proﬁt support groups to harness the benefit of controlled alcohol consumption in public facilities. Staff recommends that the City Council approve this Amendment to the Ontario Municipal Code.
110
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5-11.02 OF CHAPTER 11 OF TITLE 5 OF THE ONTARIO MUNICIPAL CODE RELATING TO THE PUBLIC

CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES ON
OR IN PUBLIC FACILITIES.

WHEREAS, Division 9, Chapter 16 of the California Business and Professions Code provides that any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, on or in any City-owned facility, shall be guilty of an infraction if the City has enacted an ordinance that prohibits the possession of those containers in those areas or the consumption of alcoholic beverages in those areas; and WHEREAS, the City desires to allow for the possession and consumption of alcohol in City facilities with requisite permitting and/or permission for events hosted by the City of Ontario and supporting organizations of the City of Ontario.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby finds and determines that the recitals discussed above are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein.

SECTION 2. Section 5-11.02 of the Ontario Municipal Code is hereby amended to read as follows:
“Sec. 5-11.02. Public Consumption of Alcoholic Beverages and Possession of Any Open Alcoholic Beverage Container.
(a) As used in this section, “alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
(b) It shall be unlawful for any person to drink an alcoholic beverage in any City park or other City-owned property or other public place, including, but not limited to, City-owned or City-leased buildings, parking lots, streets, alleys, ways, sidewalks, parkways and playgrounds.
(c) It shall be unlawful for any person to possess any can, bottle, or other receptacle containing an alcoholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, in any City park or other City-owned property or other public place, including, but not limited to, City-owned or City-leased buildings, parking lots, streets, alleys, ways, sidewalks, parkways and playgrounds.
111
(d) It shall be unlawful for any person to possess any can, bottle, or other receptacle containing an alcoholic beverage, as defined in subsection (a), that has been opened, or had its seal broken, or the contents of which have been partially removed, to enter or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with § 23000) of the Business & Professions Code. All licensees shall comply with the following requirements:
(1) All retail package off-sale alcoholic beverage licensees pursuant to Division 9 (commencing with § 23000) of the Business & Professions Code to operate in the City shall post on the licensed premises permanent signs which shall include language stating the following: “Possession of any open alcoholic beverage container in or outside this store is prohibited by law.”
(2) Required signs shall be posted such that they are visible to:
(i) patrons of the licensee;
(ii) patrons using the parking lot immediately adjacent to the licensed premises; and
(iii) persons on any public sidewalk immediately adjacent to the licensed premises.
(3) For purposes of this subsection, “posted premises” shall mean those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, and the parking lot immediately adjacent to the licensed premises which are posted with notice pursuant to subsections (d)(1) and (d)(2). “Parking lot immediately adjacent to the licensed premises” shall mean any parking lot which is contiguous to the licensed premises and is utilized by patrons of the licensed premises, except a private residential parking lot immediately adjacent to the posted premises. (e) Subsections (b) and (c) of this section shall not apply to: persons attending an event at any City-owned facility or park if the City department host has obtained permission from the City Manager or his/her designee or a supporting organization host has obtained a Special Event Permit (“SEP”) from the City, as applicable, that remains valid through the occurrence of the event.

For the purposes of this Section, a supporting organization means non-profit organizations affiliated with the City of Ontario whose missions are to support City Departments. Nothing herein shall affect the ability of the City’s contract operator of The Arena located at 4000 E Ontario Center Parkway to sell alcohol or for persons to consume alcohol inside The Arena subject to the terms of the operator agreement and all applicable laws.
(f) This section shall not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related activity.

Furthermore, this section shall not be deemed to make punishable any act or acts which are prohibited by any law of the State of California. 112
(g) Any person in violation of this section shall be guilty of an infraction. Alcoholic beverage licensees in violation of subsection (d)(1) and (d)(2) shall also be guilty of an infraction.
(h) Unless otherwise exempted by law, any event occurring in a City-owned facility, park, or any adjacent area owned or controlled by the City, which involves the sale of alcoholic beverages must possess a daily alcohol beverage license issued by the ABC and written approval of the Chief of Policy or his/her designee and must comply with all other applicable laws.
(i) Except when hosted by the City of Ontario, all persons that request to host an event that will allow for the consumption and possession of alcohol at a City-owned facility or park must also obtain a one (1) day Liquor Liability Insurance Policy with combined single limits of one million dollars ($1,000,000.00) for bodily injury and property damage, for each occasion, naming the City as additional named insured, provided, however, that the City Manager or his/her designee may increase or decrease the required amount of coverage as warranted by individual circumstances. The Certificate of Insurance must be on file with the City Manager or his/her designee no later than seventy-two (72) hours before the start of each event or occasion.
(j) Notwithstanding the foregoing, any permit and/or permission issued by the City that will allow for the consumption and possession of alcohol at a City-owned facility or park may be modified, suspended, or revoked at any time by the Chief of Police, or his/her designee without a notice or a hearing in instances where there exists a breach of the peace or danger to the public health, safety, or general welfare of the residents, public, or event participants.

SECTION 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.

SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 5. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment). 113
SECTION 6. 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.

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

PASSED, APPROVED, AND ADOPTED this ___ day of ___________ 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
114

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 September 5, 2023 and adopted at the regular meeting held September 19, 2023 by the following roll call vote, to wit:

AYES: MAYOR/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 September 19, 2023 and that Summaries of the Ordinance were published on ___________ and ____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
115

Ontario City CouncilSeptember 5, 2023

Ontario City Council
September 5, 2023