Agenda packet — Ontario City Council, February 17, 2026 (part 5 of 5)

EXHIBIT A
8 835
FY 2024-25
Unaudited Year-End
FY 2025-26
Current Budget
FY 2026-27
Projected
FY 2027-28
Projected
FY 2028-29
Projected
FY 2029-30
Projected
Resources 1
456,863,688$ 452,378,773$ 466,693,520$ 479,768,265$ 495,709,864$ 514,312,103$ Appropriations 2
(300,736,383) (301,111,051) (313,274,753) (322,707,210) (332,327,804) (341,523,683) CalPERS Pension Costs (45,384,693) (44,940,195) (48,600,132) (49,991,816) (51,424,558) (52,899,673) Internal Service Funds (ISF) Allocations (48,229,000) (51,397,099) (52,512,951) (53,695,427) (54,954,407) (55,604,283) CIP Transfers (19,775,232) (9,428,417) (7,095,296) (7,379,108) (7,674,272) (7,981,243) Debt Service (20,987,300) (44,178,238) (55,667,161) (56,584,794) (58,475,484) (66,456,727) Other Transfers (9,114,853) (6,065,378) (7,823,590) (8,187,001) (7,621,147) (1,010,678) Budget Surplus/(Deficit) 12,636,227$ (4,741,605)$ (18,280,363)$ (18,777,091)$ (16,767,808)$ (11,164,184)$ Estimated Beginning Fund Balance 74,974,749$ 87,610,976$ 82,869,371$ 64,589,008$ 45,811,917$ 29,044,109$ Estimated Ending Fund Balance 87,610,976$ 82,869,371$ 64,589,008$ 45,811,917$ 29,044,109$ 17,879,925$ Projected Percent of GF Reserve level 22.2% 20.9% 15.6% 10.7% 6.6% 4.0% 1 Resources include Revenues & Transfers-In.
2 Appropriations excludes CalPERS Pension Costs, Transfers-Out, and ISF Allocations. 5 Other Transfers includes $3.0M to Facilities Maintenance ISF Fund to shore up its fund balance, $1.9M for Police Helicopter Reserve, $500k for Fire Safety Equipment Reserve, $433K to establish the City's Local Housing Trust Fund, $120k for Parkway Maintenance, and $100k for Police Safety Equipment Reserve. 4 Debt Service includes $26.3M for Lease Revenue Bonds (2017,2021,2022, 2023, and 2025) and $17.9M in property acquisition notes for the Sports Empire.

City of Ontario
General Fund Five-Year Financial Forecast
Fiscal Year 2025-26
Mid-Year Budget Update
3 CIP Transfers includes and $6.9M of Bradley Burns Revenues and $2.5M of Measure Q Revenues. Starting in FY 2026-27, only includes Bradley Burns Revenue CIP Transfer 3 5
4 EXHIBIT A
9 836
Recommended Recommended
FY 2025-26
Agency Adopted Budget
Community Development 84.00 - (1.00) 83.00 Community Life & Culture 102.00 - - 102.00 Economic Development 9.00 - - 9.00 Financial Services 56.00 - 1.00 57.00 Human Resources 31.00 - - 31.00 Information Technology 53.00 - - 53.00 Management Services 42.00 - - 42.00 Ontario Fire Department1 265.00 - - 265.00 Ontario Municipal Utilities Company 139.00 - - 139.00 Ontario Police Department2
429.00 - - 429.00 Public Works 307.00 - - 307.00 Total Authorized Full-Time Positions 1,517.00 - - 1,517.00 General Fund 1,062.64 - (1.10) 1,061.54 Other Funds 454.36 - 1.10 455.46 Total FTE All Funds 1,517.00 - - 1,517.00 1 OFD positions includes the following sworn positions 213.00 - - 213.00 2 OPD positions includes the following sworn positions 316.00 - - 316.00 3 Position changes due to organizational restructuring
First Quarter Budget
Update
Mid-Year
Budget Update 3
Total Authorized
Full-Time
Positions
City of Ontario
Authorized Full-Time Positions
Fiscal Year 2025-26
Mid-Year Budget Update

EXHIBIT A
10 837
Agency Department General Fund Other Fund Total Position Action Community Development
Community Improvement (1.00) - (1.00) Community Improvement Officer Deletion 6,904$ - 8,391$ Community Improvement 1.00 - 1.00 Management Analyst Addition 7,935$ - 9,644$ Planning (6.00) - (6.00) Associate Planner Salary Realignment 9,618$ - 11,683$ Planning 6.00 - 6.00 Associate Planner Salary Realignment 10,448$ - 12,699$ - - -
Community Life & Culture
Recreation (16.00) (16.00) Recreation/Community Services Coordinator Salary Realignment 5,890$ - 7,152$ Recreation 16.00 16.00 Recreation/Community Services Coordinator Salary Realignment 6,619$ - 8,046$ - - -
Financial Services
Investments (0.95) (0.05) (1.00) Senior Management Analyst Deletion 9,343$ - 11,350$ Investments 0.95 0.05 1.00 Financial Analyst Addition 9,532$ - 11,579$ Business License (1.00) - (1.00) Business License Specialist Salary Realignment 5,951$ - 7,231$ Business License 1.00 - 1.00 Business License Specialist Salary Realignment 5,998$ - 7,290$ Business License (3.00) - (3.00) Customer Service Representative II Salary Realignment 4,969$ - 6,037$ Business License 3.00 - 3.00 Customer Service Representative II Salary Realignment 5,712$ - 6,943$ - - -
Ontario Fire Department
Fire Prevention (1.00) - (1.00) Senior Deputy Fire Chief Deletion 18,202$ - 22,123$ Fire Prevention 1.00 - 1.00 Fire Marshal Addiiton 13, 558$ - 18,041$
Communications (9.00) - (9.00) Senior Fire Dispatcher Salary Realignment 6,536$ - 8,022$ Communications 9.00 - 9.00 Senior Fire Dispatcher Salary Realignment 7,564$ - 9,195$ - - -
Human Resources/Risk Management
Risk Management (0.35) (0.65) (1.00) Human Resources Analyst Deletion 8,733$ - 10,608$ Risk Management - 1.00 1.00 Risk Manager Addition 11,343$ - 13,790$ (0.35) 0.35 -
Ontario Municipal Utilities
Water Quality - (1.00) (1.00) Environmental Technician Deletion 6,077$ - 7,381$ Water Quality - 1.00 1.00 Cross-Connection Control Technician Addition 7,105$ - 8,636$ Water Resources - (1.00) (1.00) Associate Engineer Deletion 11,007$ - 13,378$ Water Resources - 1.00 1.00 Engineering Assistant Addition 8,343$ - 10,135$ Engineering and Operations - (1.00) (1.00) Deputy General Manager Title Change 15,692$ - 20,883$ Engineering and Operations - 1.00 1.00 Utilities Director Title Change 15,692$ - 20,883$ Pumping Operation - (7.00) (7.00) Water Production Operator Title Change 7,011$ - 8,518$ Pumping Operation - 7.00 7.00 Water Production Operator II Title Change 7,956$ - 9,670$ Utilities - (17.00) (17.00) Customer Service Representative II Salary Realignment 4,969$ - 6,037$ Utilities - 17.00 17.00 Customer Service Representative II Salary Realignment 5,712$ - 6,943$ Utilities - (7.00) (7.00) Utilities Customer Service Specialist Salary Realignment 5,951$ - 7,231$ Utilities - 7.00 7.00 Utilities Customer Service Specialist Salary Realignment 5,998$ - 7,290$ - - -
Salary Range
City of Ontario
Recommended Personnel Changes
Fiscal Year 2025-26
Mid-Year Budget Update
Proposed Change

EXHIBIT A
11 838
Agency Department General Fund Other Fund Total Position Action Salary Range City of Ontario
Recommended Personnel Changes
Fiscal Year 2025-26
Mid-Year Budget Update
Proposed Change
Ontario Police Department
Air Support (1.00) - (1.00) Equipment Service Technician Deletion 5,382$ - 6,542$ Air Support 1.00 - 1.00 Helicopter Mechanic Addition 9,067$ - 11,019$ Police (18.00) - (18.00) Community Service Officer Salary Realignment 5,408$ - 6,571$ Police 18.00 - 18.00 Community Service Officer Salary Realignment 5,730$ - 6,965$ Communications (8.00) - (8.00) Police Dispatcher Salary Realignment 5,945$ - 7,297$ Communications 8.00 - 8.00 Police Dispatcher Salary Realignment 7,204$ - 8,757$ ID/Evidence (7.00) (7.00) Forensic Specialist Salary Realignment 6,952$ - 8,537$ ID/Evidence 7.00 7.00 Forensic Specialist Salary Realignment 7,234$ - 8,793$ Communications (17.00) - (17.00) Senior Police Dispatcher Salary Realignment 6,536$ - 8,022$ Communications 17.00 - 17.00 Senior Police Dispatcher Salary Realignment 7,564$ - 9,195$ Ontario Ranch (1.00) - (1.00) Senior Community Service Officer Salary Realignment 6,003$ - 7,297$ Ontario Ranch 1.00 - 1.00 Senior Community Service Officer Salary Realignment 6,017$ - 7,314$ Real Time Information Center (3.00) - (3.00) Senior Real Time Information Center Operator Salary Realignment 6,536$ - 8,022$ Real Time Information Center 3.00 - 3.00 Senior Real Time Information Center Operator Salary Realignment 7,564$ - 9,195$ - - -
Public Works
Parks and Streets (1.00) - (1.00) Irrigation Maintenance Technician Deletion 6,188$ - 7,516$ Parks and Streets 0.25 0.75 1.00 Parks and Streets Maintenance Superintendent Addition 9,677$ - 11,757$ Engineering (1.00) - (1.00) Senior Associate Civil Engineer Deletion 11,586$ - 14,076$ Engineering 1.00 - 1.00 Principal Engineer Addition 13,385$ - 16,264$ (0.75) 0.75 -
Total Additions/(Deletions) (1.10) 1.10 - Net Change By Fund Mid Year Adjustments Net FTE Change
1000 General Fund 107,697$ (1.10) 2530 Gas Tax 47,166$ 0.75 2600 Special Assessment Administration 16$ - 5010 Water Operating 29,448$ - 5110 Sewer Operating (4,644)$ (0.10) 5210 Integrated Waste (27,737)$ (0.55) 6110 Workers Compensation 34,596$ 0.50 6111 General Liability 34,596$ 0.50 Grand Total 221,138$ -

EXHIBIT A
12 839
Agency Description
Appropriation
Adjustment General Fund Other Funds
Community Development
Municipal Services Center Relocation - EIR 800,000 - 800,000.00 Ontario Ranch DIF Fees for Ontario Sports Empire Project 606,096 - 606,096.00 FY 2025-26 CalPERS UAL Increased Costs 60,337 60,337.00 - Salary Realignment 11,593 11,593.00 - Recommended Personnel Changes 10,626 10,626.00 - Low Cost Spay and Neuter Program for Ontario Residents 25,000 25,000.00 1,513,652 107,556 1,406,096 Community Life & Culture
Grant Closeout - GR2599_2 FY2024-25 ESG Admin (11,888) - (11,888) CDBG Grant Repayment - GR_PF2501 FY2024-25 John Galvin Park Underground Conduit & Lights Replacement (CDBG) 111,992 - 111,992 CDBG Grant Repayment - GR_TR2502 FY2024-25 Street Light Improvements 51,122 - 51,122 GR2551 CDBG Downtown Storefront Façade Improvement Program (50,000) - (50,000) CDBD Grant Repayment - GR2552 FY 2024-25 CDBG Neighborhood Preservation Program 3,175 - 3,175 GR2554 FY 2024-25 CDBG Ontario Motel Voucher Program (62,605) - (62,605) GR2570 FY 2024-25 ESG Street Outreach 4,181 - 4,181 GR2571 FY2024-25 ESG Homeless Prevention 15,927 - 15,927 Grant Closeout - GR2572 FY2024-25 ESG HMIS (1,252) - (1,252) GR2660 Emergency Rent Protection Program 13,409 - 13,409 GR_MS2001 HOME TBRA V (117,690) - (117,690) GR2329 HOME-ARP Administration 64,333 - 64,333 GR2208 Permanent Local Housing Allocation Grant 2,672,080 - 2,672,080 GR_TCGA18 Transformative Climate Communities Grant Administration 1,352,439 - 1,352,439 GR2406 AmeriCorps State Continuation Grant (2023-2024) 130,401 - 130,401 GR2417 California For All Education (2022-23) (28,200) - (28,200) GR2605 2024-25 California For All Education Award 69,622 - 69,622 GR2409 Kaiser Permanente - Ontario Access Center (2,348) - (2,348) GR2513 Kaiser Permanente - Ontario Access Center FY25 (243) - (243) GR2607 Kaiser Permanente - Ontario Access Center FY26 10,000 - 10,000 GR2609 California Library Literacy Services (CLLS) 2025 - 2026 29,802 - 29,802 GR2610 COVES Art Bridges Project FY 25-26 5,000 - 5,000 GR2312 OmniTrans Measure I Grant (86,468) - (86,468) GR2412 Recreation Youth Sports Activities and Youth Sports Programs (44,654) - (44,654) GR2506 OmniTrans Measure I Grant 2024-2026 216,402 - 216,402 City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
Mid-Year Budget Update

EXHIBIT A
13 840
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
Mid-Year Budget Update
CLC cont. GR_TCLC09 Transformative Climate Communities LCTOP - Omnitrans Transit Pass P 10,770 - 10,770 GR_TCUC10 Transformative Climate Communities Urban Canopy 323,626 - 323,626 GR_TCWS13 Transformative Climate Communities Low Income Weatherization MFS 305,193 - 305,193 Additional Appropriations for Contractual Services at Homeless Access Center 1,007,000 1,007,000 - FY 2025-26 CalPERS UAL Increased Costs 64,812 60,831 3,981 Salary Realignment 43,093 43,093 - 6,099,031 1,110,924 4,988,107 Economic Development
Ontario Sports Empire Baseball Stadium Management Agreement with SMG 2,683,433 2,683,433 - Property Acquisition Loan regarding 1310-13131 South Campus 6,840,000 - 6,840,000 Downtown Revitalization Property Acquisition Loan with Ontario Housing Authority - 100 N Euclid 369,933 - 369,933 Ontario Sports Empire - Southpark Property Acquisition 1,040,313 - 1,040,313.00 FY 2025-26 CalPERS UAL Increased Costs 8,640 8,640 - 10,942,319 2,692,073 8,250,246 Financial Services
Western Ontario Ranch Trunk Sewer Project Initiation Contribution 100,000 - 100,000 Contribution from Fire DIF Fund to Fleet Fund for purchase of 2 Fire Pumpers 1,978,805 - 1,978,805 FY 2025-26 CalPERS UAL Increased Costs 40,398 36,297 4,101 Salary Realignment 4,123 4,123 - Recommended Personnel Changes 335 319 16 2,123,661 40,739 2,082,922 Human Resources/Risk Management
FY 2025-26 CalPERS UAL Increased Costs 24,438 18,677 5,761 Recommended Personnel Changes 47,372 (21,820) 69,192 71,810 (21,820) 69,192 Information Technology
OnCall Records Data Conversion in support of the Police RMS project. 153,045 - 153,045 Interface Drone as First Responder in support of the Police CAD project 544,993 - 544,993 Citywide WiFi Expansion and Refresh 157,321 - 157,321 FY 2025-26 CalPERS UAL Increased Costs 37,550 - 37,550 892,909 - 892,909 Management Services
March Special Election Costs 1,255,000 1,255,000 - FY 2025-26 CalPERS UAL Increased Costs 32,501 24,253 8,248 1,287,501 1,279,253 8,248

EXHIBIT A
14 841
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
Mid-Year Budget Update
Municipal Utilties Company
Euclid Recycled Water Improvements Phase 3 (WRDA) Construction Reimbursement 58,333 - 58,333 Water Pressure Reducing Station Rehabilitation Construction 1,416,640 - 1,416,640 Municipal Services Center Relocation Funding Contribution 4,000,000 - 4,000,000 Municipal Services Center Relocation - EIR Contribution 320,000 - 320,000 Archibald Avenue Sewer Diversion Construction 360,225 - 360,225 North Vineyard Sanitary Sewer Project Construction 5,565,873 - 5,565,873 Piemonte Overlay Sewer Improvements Construction 270,303 - 270,303 Western Ontario Ranch Trunk Sewer Project Initiation 100,000 - 100,000 GR_WA1502 Euclid et al. Recycled Water Imp. Phase 2-SWRCB (484,037) - (484,037) Rate Study and Cost Analysis Services 215,000 - 215,000 Additional Legal Services 170,000 - 170,000 FY 2025-26 CalPERS UAL Increased Costs 95,611 - 95,611 Salary Realignment 35,377 - 35,377 Recommended Personnel Changes (4,018) - (4,018) 12,119,307 - 12,119,307 Ontario Fire Department
FY 2025-26 CalPERS UAL Increased Costs 294,760 294,760 - Salary Realignment 41,157 41,157 - Recommended Personnel Changes (119,784) (119,784) - Fire Purchase and Reimbursment of Tablet Command for Corona Dispatch Servcies 44,450 44,450 Outfitting of Fire Reserve Engines 620,000 - 620,000 Purchase of High Speed doors for Station 8 and Drone 260,000 - 260,000 Continuity of Operations Plan (COOP) 155,600 - 155,600 GR2608 Homeland Security Grant Program (HSGP) FY24 21,267 - 21,267 1,317,450 260,583 1,056,867

EXHIBIT A
15 842
Agency Description
Appropriation
Adjustment General Fund Other Funds
City of Ontario
Budget Adjustment Highlights
Fiscal Year 2025-26
Mid-Year Budget Update
Ontario Police Department
-
Media Room project 822,959 822,959.00 GR2116 Citizens' Option for Public Safety (COPS/ELEAS Grant) FY21 19,543 19,543 GR2322 FY 2022 COPS Hiring Program (417,598) (417,598) GR2411 Citizen's Option for Public Safety 302,235 302,235 GR2415 Tobacco Grant Program DOJ-PROP56-2023-24-1-019 (2,545) (2,545) GR2509 Office of Traffic Safety (OTS) STEP Grant FY25 (129,695) (129,695) GR2511 Citzen's Option for Public Safety (COPS/ELEAS Grant) FY2025 305,193 305,193 GR2604 2025/2025 Alcohol Policing Partnership 35,748 35,748 GR2606 Office of Traffic Safety (OTS) STEP Grant FY26 550,000 550,000 Additional Appropriations for Asset Seizure 265,541 265,541 FY 2025-26 CalPERS UAL Increased Costs 399,344 398,482 862 Salary Realignment 141,795 141,795 - Recommended Personnel Changes 15,399 15,399 2,307,919 555,676 1,752,243 Public Works
Grove & Holt Intersection Widening Project Right of Way Project 1,336,000 - 742,816 Municipal Services Center Relocation offsite improvements, bridge upgrades, and design plans phase 10,000,000 - 10,000,000 Municipal Services Center Relocation - EIR Contribution 320,000 - 320,000 Granada Theater rehabilitation, environmental testing, and bid advertisement 1,114,945 - 1,114,945 Arena Entertainment District - East Plaza Project Construction 17,855,712 - 17,855,712 Sultana Avenue Storm Drain Project Construction 2,000,000 - 2,000,000 Flight Deck Ontario Sports Empire Baseball Stadium Restaurant Project Design and Construction 10,611,258 - 10,611,258 Ontario Sports Empire - Baseball Stadium anticipated project savings (50,000,000) - (50,000,000) Municipal Services Center Relocation Funding Contribution 4,000,000 - 4,000,000 GR2504 SB 1383 Local Assistance Grant Program (OWR4) (325,115) - (325,115) GR2518 US EPA Solid Waste Infrastructure for Recycling (SWIFR) Grant (46,092) - (46,092) BodEV vehicle charging services 255,216 - 255,216 FY 2024-25 Streetlight Improvements Project 197,522 - 197,522 FY 2025-26 CalPERS UAL Increased Costs 177,615 55,956 121,659 Recommended Personnel Changes (5,930) (18,804) 12,874 Landscape Design at Ontario Mills 213,193 - 213,193 (2,295,676) 37,152 (2,926,012) Total Expenditures 36,379,883 6,062,136 29,700,125 Transfers-Out 10,725,000 - 10,725,000 Grand Total 47,104,883$ 6,062,136$ 40,425,125$

EXHIBIT A
16 843
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact

GENERAL FUND
Fund 1000 - General Fund
Ontario Sports Empire Baseball Stadium Management Agreement with SMG 2,683,433 - - - (2,683,433) March Special Election Costs 1,255,000 - - - (1,255,000) Additional Appropriations for Contractual Services at Homeless Access Center 1,007,000 - - - (1,007,000) FY 2025-26 CalPERS UAL Increased Costs 958,233 - - - (958,233) Salary Realignment 241,761 - - - (241,761) Fire Purchase and Reimbursment for Tablet Command for Corona Dispatch Services 44,450 44,450 - - - Recommended Personnel Changes (134,064) - - - 134,064 Increase Sales Tax - Bradley Burns Revenue Projection - 3,000,000 - - 3,000,000 Low Cost Spay and Neuter Program for Ontario Residents 25,000 - - - (25,000) GENERAL FUND TOTAL 6,080,813 3,044,450 - - (3,036,363)

SPECIAL REVENUE FUNDS
Fund 2010 - Community Development Block Grant -
Grant Closeout - GR2599_2 FY2024-25 ESG Admin (11,888) (11,888) - - - CDBG Grant Repayment - GR_PF2501 FY2024-25 John Galvin Park Underground Conduit & Lights Replacement (CDBG) 111,992 111,992 - - - CDBG Grant Repayment - GR_TR2502 FY2024-25 Street Light Improvements 51,122 51,122 - - - GR2551 CDBG Downtown Storefront Façade Improvement Program (50,000) (50,000) - - - CDBD Grant Repayment - GR2552 FY 2024-25 CDBG Neighborhood Preservation Program 3,175 3,175 - - - GR2554 FY 2024-25 CDBG Ontario Motel Voucher Program (62,605) (62,605) - - - GR2570 FY 2024-25 ESG Street Outreach 4,181 4,181 - - - GR2571 FY2024-25 ESG Homeless Prevention 15,927 15,927 - - - Grant Closeout - GR2572 FY2024-25 ESG HMIS (1,252) (1,252) - - - GR2660 Emergency Rent Protection Program 13,409 13,409 - - - 74,061 74,061 - - - Fund 2020 - HOME Grants -
GR_MS2001 HOME TBRA V (117,690) (117,690) - - - GR2329 HOME-ARP Administration 64,333 64,333 - - - (53,357) (53,357) - - - Fund 2021 - Housing Grants
GR2208 Permanent Local Housing Allocation Grant 2,672,080 2,672,080 - - - 2,672,080 2,672,080 - - - Fund 2220 - Measure I Valley Major Project
Grove & Holt Intersection Widening Project Right of Way Project 742,816 742,816 - - - 742,816 742,816 - - - City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update

EXHIBIT A
17 844
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update
Fund 2400 - General Fund Grants
GR_TCGA18 Transformative Climate Communities Grant Administration 1,352,439 1,352,652 - - 213 GR2406 AmeriCorps State Continuation Grant (2023-2024) 130,401 - - - (130,401) GR2417 California For All Education (2022-23) (28,200) (28,200) - - - GR2605 2024-25 California For All Education Award 69,622 69,622 - - - GR2409 Kaiser Permanente - Ontario Access Center (2,348) (2,348) - - - GR2513 Kaiser Permanente - Ontario Access Center FY25 (243) (243) - - - GR2607 Kaiser Permanente - Ontario Access Center FY26 10,000 10,000 - - - GR2609 California Library Literacy Services (CLLS) 2025 - 2026 29,802 29,802 - - - GR2610 COVES Art Bridges Project FY 25-26 5,000 5,000 - - - GR2312 OmniTrans Measure I Grant (86,468) (86,468) - - - GR2412 Recreation Youth Sports Activities and Youth Sports Programs (44,654) (44,654) - - - GR2506 OmniTrans Measure I Grant 2024-2026 216,402 216,498 - - 96 GR_TCLC09 Transformative Climate Communities LCTOP - Omnitrans Transit Pass P 10,770 10,770 - - - GR_TCUC10 Transformative Climate Communities Urban Canopy 323,626 323,626 - - - GR_TCWS13 Transformative Climate Communities Low Income Weatherization MFS 305,193 305,193 - - - GR2608 Homeland Security Grant Program (HSGP) FY24 21,267 21,267 - - - GR2116 Citizens' Option for Public Safety (COPS/ELEAS Grant) FY21 19,543 19,543 - - - GR2322 FY 2022 COPS Hiring Program (417,598) (417,598) - - - GR2411 Citizen's Option for Public Safety 302,235 302,235 - - - GR2415 Tobacco Grant Program DOJ-PROP56-2023-24-1-019 (2,545) (2,545) - - - GR2509 Office of Traffic Safety (OTS) STEP Grant FY25 (129,695) (129,695) - - - GR2511 Citzen's Option for Public Safety (COPS/ELEAS Grant) FY2025 305,193 305,193 - - - GR2604 2025/2025 Alcohol Policing Partnership 35,748 35,748 - - - GR2606 Office of Traffic Safety (OTS) STEP Grant FY26 550,000 550,000 - - - 2 ,975,490 1,492,746 - - (130,092) Fund 2510 - DOJ Asset Seizure
Additional Appropriations for Asset Seizure 265,541 - - - (265,541) 265,541 - - - (265,541) Fund 2513 - Fire Mutual Aid
Additional Fire Mutual Aid Revenues - 2,030,000 - - 2,030,000
Outfitting of Fire Reserve Engines 620,000 - - - (620,000) Purchase of High Speed doors for Station 8 and Drone 260,000 - - - (260,000) Continuity of Operations Plan (COOP) 155,600 - - - (155,600) 1,035,600 2,030,000 - - 994,400 Fund 2520 - Cable Access Fund
Media Room Project 822,959 - - - (822,959)
822,959 - - - (822,959)

EXHIBIT A
18 845
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update
Fund 2521 - Broadband / Fiber
FY 2025-26 CalPERS UAL Increased Costs 8,248 (8,248) 8,248 - - - (8,248) Fund 2530 - Gas Tax
FY 2025-26 CalPERS UAL Increased Costs 6,704 - - - (6,704) Recommended Personnel Changes 47,166 - - - (47,166) 53,870 - - - (53,870) Fund 2550 - Air Quality Management District
FY 2025-26 CalPERS UAL Increased Costs 44 (44) 44 - - - (44) Fund 2570 - Economic Development Activities Fund
Downtown Revitalization Property Acquisition Loan with OHA - 100 N Euclid 369,933 (369,933) Transfer from Water Capital Fund to Economic Development Activites Fund for Ownership of 13107-13131 S Campus 10,650,000 10,650,000 Property Acquisition Loan Regarding 13107-13131 South Campus 6,840,000 - - - (6,840,000) 7,209,933 - 10,650,000 - 3,440,067 Fund 2580 - Public Art Fee Fund
Transfer from Capital Projects Fund to Public Art Fund for the Mural Program - - 75,000 - 75,000 - - 75,000 - 75,000 Fund 2600 - Special Assessment Administration
FY 2025-26 CalPERS UAL Increased Costs 3,959 (3,959) Recommended Personnel Changes 16 - - - (16) 3,975 - - - (3,975) Fund 2610 - Parkway Maintenance
Landscape Design at Ontario Mills 213,193 (213,193) FY 2025-26 CalPERS UAL Increased Costs 283 - - - (283) 213,476
- - - (213,476) Fund 2630 - Street Light Maintenance
FY 2025-26 CalPERS UAL Increased Costs 269 - - - (269) 269 - - - (269) Fund 2640 - Storm Drain Maintenance
FY 2025-26 CalPERS UAL Increased Costs 4,118 - - - (4,118) 4,118 - - - (4,118) SPECIAL REVENUE FUNDS TOTAL 16,029,123 6,958,346 10,725,000 - 3,006,875

EXHIBIT A
19 846
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update

CAPITAL PROJECT FUNDS
Fund 4010 - Capital Projects
City Services Building Capital Projects Reduction due to use of General Facilities DIF Fund (9,300,000) - - - 9,300,000 Municipal Services Center Relocation offsite improvements, bridge upgrades, and design plans phase 10,000,000 8,000,000 - - (2,000,000) Municipal Services Center Relocation Funding Contribution - 1,600,000 - - 1,600,000 Granada Theater rehabilitation, environmental testing, and bid advertisement 1,114,945 - - - (1,114,945) Arena Entertainment District - East Plaza Project Construction 17,855,712 - - - (17,855,712) Sultana Avenue Storm Drain Project Construction 2,000,000 - - - (2,000,000) Flight Deck Ontario Sports Empire Baseball Stadium Restaurant Project Design and Construction 10,611,258 - - - (10,611,258) Payment of Ontario Ranch DIF Fees for Ontario Sports Empire 606,096 - - - (606,096) Ontario Sports Empire - EIR Project Adjustment 558,488 - - - (558,488) Municipal Services Center Relocation - EIR 800,000 640,000 - - (160,000) Ontario Sports Empire - Baseball Stadium Estimated Project Savings (50,000,000) - - - 50,000,000 Ontario Sports Empire - Southpark Property Acquisition 1,040,313 - - - (1,040,313) FY 2024-25 Streetlight Improvements Project 197,522 - - - (197,522) Transfer from Capital Projects Fund to Public Art Fund for the Mural Program - - - 75,000 (75,000) (14,515,666) 10,240,000 - 75,000 24,680,666 Fund 4211 - General Facility Impact
City Services Building Project 9,300,000 - - - (9,300,000) 9,300,000 - - - (9,300,000) Fund 4216 - Species Habitat Impact
Ontario Sports Empire - EIR Project Adjustment (558,488) 558,488 (558,488) - - - 558,488 Fund 4310 - Old Model Colony - Fire Impact
Contribution to Fleet Fund for purchase of 2 Fire Pumpers 156,701 - (156,701) 156,701 - - - (156,701) Fund 4312 - OMC - Local Adjacent Streets
Grove & Holt Intersection Widening Project Right of Way Project 593,184 - - - (593,184) 593,184 - - - (593,184) Fund 4
410 - Ontario Ranch - Fire Impact
Contribution to Fleet Fund for purchase of 2 Fire Pumpers 1,822,104 - (1,822,104) 1,822,104 - - - (1,822,104) Fund 4417 - NMC - Regional Sewer
Western Ontario Ranch Trunk Sewer Project Initiation Contribution 100,000 (100,000) 100,000 - - - (100,000) -
CAPITAL PROJECT FUNDS TOTAL (3,102,165) 10,240,000 - 75,000 12,708,677

EXHIBIT A
20 847
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update

ENTERPRISE FUNDS
Fund 5010 - Water Operating
Rate Study and Cost Analysis Services 150,000 (150,000) Additional Legal Services 170,000 (170,000) FY 2025-26 CalPERS UAL Increased Costs 53,744 - - - (53,744) Salary Realignment 24,109 - - - (24,109) Recommended Personnel Changes 5,339 - - - (5,339) 403,192 - - - (403,192) Fund 5011 - Water Capital
Euclid Recycled Water Improvements Phase 3 (WRDA) Construction Reimbursement 58,333 (58,333) Water Pressure Reducing Station Rehabilitation Construction 1,416,640 (1,416,640) Municipal Services Center Relocation Funding Contribution 2,000,000 (2,000,000) GR_WA1502 Euclid et al. Recycled Water Imp. Phase 2-SWRCB (484,037) (484,037) - - - Municipal Services Center Relocation - EIR Contribution 160,000 (160,000) Transfer from Water Capital Fund to Economic Development Activites Fund for Transfer Ownership of 13107-13131 S Campus 10,650,000 (10,650,000) FY 2025-26 CalPERS UAL Increased Costs 14,660 - - - (14,660) 3,165,596 (484,037) - 10,650,000 (14,299,633) Fund 5110 - Sewer Operating
FY 2025-26 CalPERS UAL Increased Costs 20,477 - - - (20,477) Salary Realignment 4,713 - - - (4,713) Recommended Personnel Changes (9,357) - - - 9,357 Rate Study and Cost Analysis Services 65,000 (65,000) 80,833 - - - (80,833) Fund 5111 - Sewer Capital
Archibald Avenue Sewer Diversion Construction 360,225 (360,225) North Vineyard Sanitary Sewer Project Construction 5,565,873 (5,565,873) Piemonte Overlay Sewer Improvements Construction 270,303 - - - (270,303) Municipal Services Center Relocation Funding Contribution 2,000,000 (2,000,000) Western Ontario Ranch Trunk Sewer Project Initiation 100,000 100,000 - - - Municipal Services Center Relocation - EIR Contribution 160,000 (160,000) FY 2025-26 CalPERS UAL Increased Costs 7,745 - - - (7,745) 8,464,146 100,000 - - (8,364,146)

EXHIBIT A
21 848
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update
Fund 5210 - Integrated Waste
Municipal Services Center Relocation Funding Contribution 2,000,000 (2,000,000) GR2504 SB 1383 Local Assistance Grant Program (OWR4) (325,115) (325,115) - - - GR2518 US EPA Solid Waste Infrastructure for Recycling (SWIFR) Grant (46,092) (46,092) - - - Municipal Services Center Relocation - EIR Contribution 160,000 (160,000) FY 2025-26 CalPERS UAL Increased Costs 73,750 - - - (73,750) Salary Realignment 6,555 - - - (6,555) Recommended Personnel Changes (34,292) - - - 34,292 1,834,806 (371,207) - - (2,206,013) Fund 5310 - Parking Fund
GR2520 US Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) 218,330 218,330 - - - Electric Vehicle Charging Services 255,216 (255,216) FY 2025-26 CalPERS UAL Increased Costs 706 (706) 474,252 218,330 - - (255,922) ENTERPRISE FUNDS TOTAL 14,422,825 (536,914) - 10,650,000 (25,609,739)

INTERNAL SERVICE FUNDS
Fund 6010 - Equipment Services
Municipal Services Center Relocation Funding Contribution 2,000,000 (2,000,000) Municipal Services Center Relocation - EIR Contribution 160,000 (160,000) FY 2025-26 CalPERS UAL Increased Costs 18,420 - - - (18,420) Contribution from Fire Development Impact funds for purchase of 2 Fire Pumpers - 1,978,805 1,978,805 2,178,420 1,978,805 - - (199,615) Fund 6020 - Information Technology
FY 2025-26 CalPERS UAL Increased Costs 37,554 - - - (37,554) 37,554 - - - (37,554) Fund 6021 - Information Technology Capital Projects
OnCall Records Data Conversion in support of the Police RMS project. 153,045 (153,045) Interface Drone as First Responder in support of the Police CAD project 544,993 (544,993) Citywide WiFi Expansion and Refresh 157,321 (157,321) 855,359 - - - (855,359)

EXHIBIT A
22 849
Appropriation Revenue Operating Operating Fund Balance
Description Adjustments Adjustments Transfers-In Transfers-Out Impact City of Ontario
Detail of Recommended Budget Adjustments by Fund
Fiscal Year 2025-26
Mid-Year Budget Update
Fund 6030 - Facilities & Parks Maintenance
GR2520 US Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Adjustment (218,330) (218,330) - - - FY 2025-26 CalPERS UAL Increased Costs 17,394 (17,394) (200,936) (218,330) - - (17,394) Fund 6110 - Workers Compensation
FY 2025-26 CalPERS UAL Increased Costs 2,264 (2,264) Recommended Personnel Changes 34,596 - - - (34,596) 36,860 - - - (36,860) Fund 6111 - General Liability
FY 2025-26 CalPERS UAL Increased Costs 3,453 (3,453) Recommended Personnel Changes 34,596 - - - (34,596) 38,049 - - - (38,049) INTERNAL SERVICE FUNDS TOTAL 2,945,306 1,760,475 - - (1,184,831) TOTAL CITY FUNDS BUDGET ADJUSTMENTS 36,375,902 21,466,357 10,725,000 10,725,000 (14,115,381) Fund 2310 - Ontario Housing Authority
FY 2025-26 CalPERS UAL Increased Costs 3,981 (3,981) Property Acquisition Loan from Economic Development Activities Fund - 100 Bloock N Euclid (1 of 10) 369,933 369,933 3,981 369,933 - - 365,952 AGENCY FUNDS TOTAL 3,981 369,933 - - 365,952 -
TOTAL ALL FUNDS BUDGET ADJUSTMENTS 36,379,883 21,836,290 10,725,000 10,725,000 (13,749,429)

EXHIBIT A
23 850

RESOLUTION NO. ________

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

CALIFORNIA, PROVIDING FOR THE INVESTMENT OF INACTIVE

FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE

CALIFORNIA STATE TREASURY AND HEREBY RESCINDING
RESOLUTION NO. 2025-171.

WHEREAS, the California State Legislature created the Local Agency Investment Fund (“LAIF”) as a special fund in the California State Treasury to allow for high rates of return due to the use of large denomination instruments under California Government Code Section 16429.1 et seq.; and
WHEREAS, the City of Ontario (“City”) participates in LAIF since the City has money in its treasury not required for immediate needs, and it is the City’s best interest to place said money in approved investments yielding maximum returns; and WHEREAS, the City Council adopted Resolution No. 2025-171 dated December 2, 2025, which provided the City’s process for the investment of inactive funds in the LAIF; and
WHEREAS, the City now desires to update the individuals authorized to conduct transactions for the investment of inactive funds in LAIF and rescind all previous resolutions.

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

SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.

SECTION 2. Authorized Personnel. The following persons are authorized to order the deposit or withdrawal of money in LAIF or their successors:

James R. Milhiser, City Treasurer
Armen Harkalyan, Deputy City Treasurer
William Quan, Deputy City Treasurer
Claudia Hernandez, Deputy City Treasurer
Luis De La Hoya, Deputy City Treasurer

SECTION 3. Rescission. Resolution No. 2025-171 is hereby rescinded.

SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted.
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SECTION 5. Effective Date . This Resolution is effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED this 17th day of February 2026.

_
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY

852

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held February 17, 2026 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. 20 26- duly passed and adopted by the Ontario City Council at their regular meeting held February 17, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)
853
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2025-172.

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

SECTION 1. That the City Treasurer and/or any duly -appointed Deputy City Treasurers whose names appear in this resolution are hereby authorized to open investment accounts for the City of Ontario with any bank, savings and loan association, broker dealer or other financial institution, hereinafter referred to as "broker", to purchase, sell and or deal in such notes, bonds, bills, certificates of indebtedness, warrants or registered warrants and/or other investments as are authorized for general law cities in the State of California by Chapter 4 of Part 1 Division 2 of Title 5 of the Go vernment Code (commencing with section 53600) (hereinafter "authorized investments"), and as limited by the current investment policy of the City Council of the City of Ontario, a copy of which is attached to and made a part of this resolution, and/or such other investment policy which may be adopted by said City Council, and that all orders and instructions, written or oral, which may be given by either the City Treasurer or a duly-appointed Deputy City Treasurer; and each of whom is hereby authorized and directed to purchase, sell and/or deal in authorized investment instruments through said broker on behalf of the City of Ontario, which they may deem necessary or advisable for the City of Ontario for cash and also to make payments and to sign checks or drafts drawn upon the funds of the City of Ontario and also, to withdraw from said broker from time to time, to deliver or accept delivery of, and/or to endorse, and/or to direct the transfer of record title of, all authorized investments, and/or assets or funds that may be carried by said broker for the account of the City of Ontario, and

SECTION 2. That each of the aforesaid officers of the City of Ontario be and hereby authorized and directed to execute and deliver on behalf of the City of Ontario any customer's agreement required by broker and to enter into, execute, and deliver, any and all other agreements, documents, releases, and writings t hat may be required by said broker for the opening and/or continuing of said account in connection with any transaction relating to said account or to any securities or moneys of the City of Ontario whether or not in said account, provided, however, that n o customer's agreement shall authorize investment in other than authorized investments, and

SECTION 3. That until broker shall receive duly written notices of change or rescission of these resolutions, said broker may rely upon the authority contained in this resolution as continuing fully effective, and the said broker may rely upon any certified copy of resolutions, specimen signatures or other writings, signed on behalf of the City of Ontario by any officer thereof; the acceptance of any other form of n otice shall not constitute a waiver, of this provision, nor shall the fact that any person hereby empowered ceases to be an officer or becomes an officer under some other title, in any way affect the powers hereby conferred, until broker shall receive due written notice of change or rescission, as aforesaid, and
854

SECTION 4. That in the event of any change in the office or powers of persons hereby empowered, the City Council shall certify those changes to broker in writing, in the manner herein above specified, which notification, when received, shall be adequate both to terminate the powers of the person theretofore authorized, and to empower the persons thereby substituted, and

SECTION 5. That any and all orders and instructions heretofore given to said broker on behalf of the City of Ontario by any officer of the City of Ontario, are hereby in all respects ratified, confirmed and approved, and

SECTION 6. That the foregoing resolutions and the certificates actually furnished to broker by any officer of the City of Ontario, be and they hereby are made irrevocable, and shall be fully effective as to any transaction for the account of the City of Ontario notwithstanding that the account may have been temporarily closed or inactive, until written notice of the revocation thereof shall have been received by broker.

SECTION 7. That all claims approved shall be paid electronically or by checks.

Checks are signed manually or digitally by the Mayor and countersigned by the City Treasurer and Executive Director of Finance. When deemed necessary, Deputy City Treasurers may sign.

SECTION 8. That Resolution No. 2025-172 is hereby rescinded.

SECTION 9. I DO FURTHER CERTIFY that the following are the signatures and titles of the persons authorized and empowered to act on behalf of the City of Ontario, pursuant to the foregoing resolutions, and this resolution is in accordance with and does not conflict with the existing ordinances and/or resolutions.

________________________________ _________________________________ James R. Milhiser, City Treasurer Armen Harkalyan, Deputy City Treasurer

_________________________________ __________________________________ William Quan, Deputy City Treasurer Claudia Hernandez, Deputy City Treasurer

_________________________________
Luis De La Hoya, Deputy City Treasurer

855
SECTION 10. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 17th day of February 2026.

_
PAUL S. LEON, MAYOR

ATTEST:

________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER, LLP

CITY ATTORNEY

856

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolut ion No. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held February 17, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

857

RESOLUTION NO. _______

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

CALIFORNIA, REGARDING ITS INTENTION TO ISSUE TAX -EXEMPT

OBLIGATIONS

WHEREAS, the City Council of the City of Ontario (the “Issuer”) desires to finance the costs of constructing or acquiring certain public facilities and improvements, as provided in Exhibit A attached hereto and incorporated herein (the “Project”);

WHEREAS, the Issuer intends to finance the acquisition of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the “Obligations”); and

WHEREAS, prior to the issuance of the Obligations the Issuer desires to incur certain expenditures with respect to the Project from available monies of the Issuer which expenditures are desired to be reimbursed by the Issuer from a portion of the proceeds of the sale of the Obligations;

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

SECTION 1. The Issuer hereby states its intention and reasonably expects to reimburse Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either the general character, type, purpose, and function of the Project, or the fund or account from which Project costs are to be paid and the general functional purpose of the fund or account.

SECTION 2. The reasonably expected maximum principal amount of the Obligations is $500,000,000 to be issued in one or more series.

SECTION 3. This resolution is being adopted not later than 60 days after the date (the “Expenditures Date or Dates”) that the Issuer will expend monies for the portion of the Project costs to be reimbursed from proceeds of the Obligations.

SECTION 4. Except as described below, the expected date of issue of the Obligations will be within eighteen months of the l ater of the Expenditure Date or Dates and the date the Project is placed in service; provided, the reimbursement may not be made more than three years after the original expenditure is paid. For Obligations subject to the small issuer exception of Section 148(f)(4)(D) of the Internal Revenue Code, the “eighteen-month limit” of the previous sentence is changed to “three years” and the limitation of the previous sentence beginning with “; provided, . . . .” is not applicable.

SECTION 5. Proceeds of the Obligations to be used to reimburse for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation (other than to pay current debt service 858

coming due within the next su cceeding one year period on any tax -exempt obligation of the Issuer (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any entity related in any manner to the Issu er, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner.

SECTION 6. This resolution is consistent with the budgetary and financial circumstances of the Issuer, as of the date hereof. No monies from sources other than the Obligation issue are, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer (or any related party) pursuant to their budget or fi nancial policies with respect to the Project costs. To the best of our knowledge, this City Council is not aware of the previous adoption of official intents by the Issuer that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.

SECTION 7. The limitations described in Section 3 and Section 4 do not apply to (a) costs of issuance of the Obligations, (b) an amount not in excess of the lesser of $100,000 or five percent ( 5%) of the proceeds of the Obligations, or (c) any preliminary expenditures, such as architectural, engineering, surveying, soil testing, and similar costs other than land acquisition, site preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred.

SECTION 8. This resolution is adopted as official action of the Issuer in order to comply with Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Issuer expenditures incurred prior to the date of issue of the Obligations, is part of the Issuer’s offi cial proceedings, and will be available for inspection by the general public at the main administrative office of the Issuer.

SECTION 9. All the recitals in this Resolution are true and correct and this City Council so finds, determines and represents.

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

PASSED, APPROVED, AND ADOPTED this 17th day of February, 2026.

_____________________________________
PAUL S. LEON, MAYOR

859

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

860

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 202 6- duly passed and adopted by the Ontario City Council at their regular meeting held February 17, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

861

EXHIBIT A

DESCRIPTION OF PROJECT

Projects as part of the Capital Improvement Pro gram (CIP) of the City of Ontario for Fiscal Year 2025-26 through Fiscal Year 202 9-30, including, but not limited to the Municipal Services Center Relocation and the West Mission Wellness Center.

862
Department: Police Department
Prepared By: Nicole Alvarez
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: 9
SUBJECT:

APPROVAL OF THE MAINTENANCE SERVICES AGREEMENT AND SOLE SOURCE

PURCHASE FOR EPOXY FLOORING WITH CENTIMARK

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager or his designee to execute all documents necessary for the Agreement and Sole Source purchase for epoxy ﬂooring in the amount of $150,000 from CentiMark Corporation out of Canonsburg, Pennsylvania with a not-to- exceed amount of $224,930.

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 2025-26 Adopted Budget includes appropriations in Capital Projects fund for the purchase of epoxy ﬂooring.

If approved, this new agreement puts the
department's total spending with CentiMark at $224,930.

BACKGROUND & ANALYSIS:

The evidence storage room and processing areas were initially constructed in 2004 when the police department ﬁrst created its central station. Since that date, the evidence areas have not received any improvements to maintain their work site. Upgrading the ﬂooring with epoxy will allow the evidence unit to safely maneuver pallet jacks when transporting heavy evidence items. The installation of new epoxy ﬂooring will reduce potential injury risks in the facility.

The Ontario Police Department’s Air Support Unit utilized CentiMark for epoxy ﬂooring this ﬁscal year in the amount of $74,930. The Forensic Division currently has an approved Capital Improvement Project and is requesting to use CentiMark to ensure consistency with the prior installation and to minimize disruption to Police Department operations. The City solicited additional quotes for this work; however, no additional vendors provided responsive quotes.

Accordingly, the Department is requesting Council approval of a sole source purchase pursuant to the City’s procurement policy, Sec. 2-6.23(c), where the Purchasing Oﬃcer determines that the nature of the subject of the contract is such that competitive proposals would be unavailing or 863
would not produce an advantage, and the advertisement for competitive bid would thus be undesirable, impractical, or impossible, as eﬀorts to obtain competitive proposals did not yield additional responsive quotes. In addition, CentiMark’s personnel have previously worked within Police Department facilities and have already been cleared to work within the Police Department, which supports timely scheduling and eﬃcient completion of the work. CentiMark has requested color options on ﬁle from the previous work they have completed. This new agreement while under $150,000 puts the departments total spending with CentiMark at $224,930 therefore requiring Council approval.
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908
Department: Utilities
Prepared By: Courtney Jones
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

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

AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR LEGAL AND

TECHNICAL SERVICES PERTAINING TO WATER MATTERS

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or designee, to execute Amendment No. 4 to the Professional Services Agreement with Stoel Rives LLP of Sacramento, California for legal and technical services relating to water supply and water rights in the amount of $570,000 for a total not-to-exceed amount of $1,404,000, and a term from July 1, 2025 to June 30, 2027.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The proposed Amendment No. 4 to the Professional Services Agreement with Stoel Rives LLP is for legal and technical services related to water supply and water rights in the amount of $570,000 for a total not-to-exceed $1,404,000. Under the existing Agreement and proposed Amendment, expenditures will be based on negotiated billing rates. If approved, additional appropriations in the Water Operating Fund will be included in future quarterly budget updates to the City Council. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The City has historically used Nossaman LLP of Los Angeles, California, for legal and technical representation concerning water supply and water rights matters.

Due to a conﬂict of interest on this speciﬁc water ﬁnancial assessments related matter, Nossaman LLP is prohibited from representing the City. The City selected Stoel Rives LLP based on their expertise in adjudicated groundwater basins, ability to meet the City’s timeframe requirements to ﬁle a challenge under the Chino Basin Watermaster Judgment, and after identifying no conﬂicts of interest.

909
The City entered into an Agreement with Stoel Rives for legal representation in March of 2022 and subsequently amended the Agreement to include additional scope of service and funding. Staﬀ proposes Amendment No. 4 to maintain the status of ongoing legal matters, ensure the continuity of legal services central to preserving and managing Ontario's utility resources and community services, and continue eﬀorts consistent with the City Council's direction to the City Manager to engage in settlement discussions and pursue legal actions if necessary and as appropriate. 910

151754065.1 0077104-00002
Elizabeth P. Ewens
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
D. 916.319.4667
[email protected]
January 20, 2026
Mr. Scott Burton
City of Ontario
303 “B” Street
Ontario, CA 91764
Re: Engagement Letter and Request for Advance Waiver of Conflicts of Interest – Amendment No. 4
Dear Mr. Burton:

Thank you for selecting Stoel Rives LLP (“Stoel Rives” or “Firm”) to represent City of Ontario (“Client” or “you”). We appreciate the opportunity to act as your legal counsel. This letter, and the attached Standard Terms of Representation, set forth the terms on which Stoel Rives will provide legal services to you (“Terms of Engagement”). The term of this engagement is for the remainder of Fiscal Year (“FY”) 25/26 and FY 26/27.

Scope of Engagement. You have engaged Stoel Rives to represent you in connection with the Chino Basin Watermaster litigation in the Chino Basin Municipal Water District v. City of Chino, et al. matter and challenge of Watermaster action/decision on November 18, 2021 to approve the FY 2021/2022 Assessment Package and a later-filed challenge of Watermaster action/decision to approve the FY 2022/23 Assessment Package, and on matters relating to the implementation of the final ruling and on other general water matters and issues (“Engagement”). Unless otherwise agreed in writing, Stoel Rives has not agreed to represent you in any other matter. If you engage Stoel Rives to represent you in any matters beyond the scope of the Engagement, these Terms of Engagement shall apply to those matters.

Client Relationship. As we have discussed, our client in the Engagement will be City of Ontario.

To the extent that you have affiliates not otherwise defined in this letter as clients, you agree that our representation of City of Ontario in the Engagement does not give rise to an attorney-client relationship between Stoel Rives and any of these affiliates, and that Stoel Rives may represent clients adverse to these affiliates in matters unrelated to this Engagement.

In addition, the Engagement does not include responsibility for review of your insurance policies to determine the possibility of coverage for the claim asserted in this matter, or for notification of your insurance carriers about the matter.

The Engagement also does not include any advice or other legal services relating to federal or state securities laws, including appearing or practicing before the U.S. Securities and Exchange Commission (“SEC”), or your disclosure obligations under such laws, and we understand that you 911

Mr. Scott Burton
City of Ontario
January 20, 2026

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will not, without our prior written consent, include documents or information we provide to you in any filings with federal or state securities regulators, including with the SEC.

Conflicts of Interest.

Advance Waiver. Stoel Rives represents companies, individuals, and government agencies in many matters throughout many jurisdictions. During the time we are representing you, we may represent other clients (“Firm clients”) in disputes or transactions adverse to you that are not substantially related to the Engagement and do not materially limit our ability to represent you.

By signing this letter, you consent to our present and future representation of these Firm clients and other adversaries/competitors. This consent, if provided, also allows Stoel Rives to take positions adverse to either you, or any of your affiliates, in any matters (whether involving the same substantive areas of law for which you have retained the Firm or some other unrelated areas of law, and whether involving transactional, litigation, or advisory matters), so long as two conditions are met: (1) the representation does not involve any work that we have done for you; and (2) the representation would not place us in a position to use your confidential information adversely to you.

Because the work that we have been asked to perform on the Engagement is unrelated to any present matter we are handling adverse to you and under the terms of our agreement would be unrelated to any future matters we may take on adverse to you, we do not believe that there is a material risk that your confidential information will be used adversely to you. Similarly, the lack of a relationship between our work for you under the Engagement and our work for other clients – current and future – suggests to us that there is little risk that our efforts on your behalf will be affected. Although we do not believe that these factors would affect your representation, you should review this yourself.

To ensure that any consent you provide is fully informed, I welcome any questions you have and recommend that you review the issue of consent with independent counsel. Whether you actually do, however, is up to you.

Principal Attorneys Handling Your Matter(s). Mike Brown, Christopher Pooser, Whitney Brown and I will be the attorneys principally responsible for the Engagement. However, as our representation progresses and issues arise, other attorneys at Stoel Rives may become responsible for and handle certain aspects of our work for you. If you ever have any questions or concerns about how we staff matters, please do not hesitate to let me know. Otherwise, we will use our judgment to determine how to staff matters in the most cost-effective manner possible.

We are pleased to offer the City of Ontario the following rates for the lawyers and professional staff we currently expect to work on this matter. The hourly rates represent a very significant discount from our regular rates and are applicable only to this matter in FY 25/26 and FY 26/27.

If the matter continues beyond FY 26/27 both parties agree to negotiate the rates and pricing 912

Mr. Scott Burton
City of Ontario
January 20, 2026

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arrangement to ensure it is mutually beneficial for both parties. Although not guaranteed, it is anticipated that the Firm’s future annual rate increases will be in the range of 4% - 9% per annum.

For FY 25/26:

Elizabeth Ewens - $485
Michael Brown - $595
Christopher Pooser - $570
Whitney Brown - $375.50
Ha Nguyen (paralegal) - $295

For FY 26/27:

Elizabeth Ewens - $525
Michael Brown - $610
Christopher Pooser - $585
Whitney Brown - $425
Ha Nguyen (paralegal) - $310

If other timekeepers work on this matter, we will bill them at a discount which approximates the discount being offered on the timekeepers listed above.

Unless the Client agrees in writing in advance, fees under this Engagement incurred during the remainder of FY 2025/26 shall not exceed any remaining balance under the original engagement (estimated to be $230,000) plus $170,000, and for FY 2026/27 also shall not exceed $400,000. In the event that the Client does not authorize fees to exceed this amount, and incurred legal fees are more than this amount, then the Client agrees that it will not oppose any request or motion by the Firm to withdraw as counsel.

Independent Contractor Status. In the performance of legal services under this Agreement, Firm shall be, and acknowledges that Law Firm is, in fact and under law, an independent contractor and not an agent or employee of the Client. Law Firm has and retains the right to exercise full supervision and control of the manner and methods of providing services to Client under this Agreement.

Insurance. Firm maintains errors and omissions insurance coverage that would apply to the services to be rendered under this agreement. The policy limits of the errors and omissions insurance coverage are $50,000,000.00 per claim, and $100,000,000.00 aggregate. Additionally, Firm shall maintain these various forms of insurance:

(1) Professional Liability: $50 million per claim; $100 million aggregate, (2) Workers’ Compensation: $1 million policy limit,
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Mr. Scott Burton
City of Ontario
January 20, 2026

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(3) Commercial Liability: $2 million per occurrence; $4 million aggregate, (4) Automobile: $2 million, combined single limit,
(5) Umbrella Policy: $5 million policy limit.

Promptly following the Effective Date of this Agreement, but in no event before Firm commences any services under this Agreement, Firm shall provide evidence satisfactory to the Client that it has the above insurance coverage. The Client, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the above insurance coverage.

Billing and Payment. Unless otherwise agreed, we will send invoices for our legal fees and expenses on a monthly basis. Our invoices include narratives of the legal services performed and itemize expenses incurred by Stoel Rives in connection with the Engagement. If you would like additional information about any of our invoices, please let me know. Payment is due within 30 days after the date of the invoice. The enclosed Standard Terms of Representation contains additional information regarding our billing processes and payment terms.

Publicity. In connection with our representation of you, Stoel Rives requests, and you consent, for us to use certain information about the Engagement for the sole purpose of describing our expertise in marketing materials. Your consent here is only with respect to information about the Engagement that you have disclosed to the public.

In-Firm Communications. From time to time, issues may arise relating to our duties under the professional conduct rules that apply to lawyers. These issues may involve conflict of interest questions or even a dispute between Stoel Rives and a client over how we have handled a client matter. When such issues arise, we may seek the advice of our Firm Counsel and loss prevention partners. We consider such consultations to be attorney-client privileged communications. We believe that it is in our clients’ interests, as well as Stoel Rives’ interest, that when legal ethics or related issues arise during a representation, we obtain expert analysis of our obligations.

Accordingly, you agree that if we determine in our own discretion during the course of the representation that it is either necessary or appropriate to consult with our internal or outside counsel, we have your consent to do so and that our representation of you shall not waive any attorney-client privilege Stoel Rives may have regarding the confidentiality of our communications with counsel.

Protected Health Information. We do not believe that this Engagement will require us to access, create, receive, use, maintain, disclose, or transmit Protected Health Information (“PHI”) as that term is defined in the privacy and security rules issued under the Health Insurance Portability and Accountability Act of 1996, as amended. In the event you believe that we need to review information that constitutes PHI, we request that you communicate with us in advance of sending the information so that we can confirm that such review is necessary and, if so, sign a business associate agreement and arrange for an appropriately secure method of transmission. We request that you do not email us PHI unless you are using an email encryption program. 914

Mr. Scott Burton
City of Ontario
January 20, 2026

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Governing Law & Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

If the Terms of Engagement meet with your approval, please promptly sign the letter in the space below and return a copy to me with the security deposit so that we may begin work. Please call or email me if you have any questions. Once again, let me say how pleased we are that you have entrusted Stoel Rives to represent you in the Engagement. We look forward to working with you.

Very truly yours,

Elizabeth P. Ewens

THE UNDERSIGNED ACKNOWLEDGES AND ACCEPTS THE TERMS OF
ENGAGEMENT, AND CONSENTS TO STOEL RIVES’ REPRESENTATION NOTWITHSTANDING THE CONFLICTS OF INTEREST DESCRIBED ABOVE.

CITY OF ONTARIO
By:

Title:

Date:

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Mr. Scott Burton
City of Ontario
January 20, 2026

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STANDARD TERMS OF REPRESENTATION
Fees. Unless otherwise agreed to in writing by the Client and Stoel Rives, the principal basis for computing our fees for the legal services we provide will be the amount of time spent on the matter by various lawyers and legal assistants multiplied by their individual hourly billing rates. Other factors we may consider in setting our fee include the novelty and difficulty of the questions involved; the skill required to perform the services properly; the experience, reputation, and ability of those performing the services; the time limitations imposed by the Client or the circumstances; the amount involved; and the results obtained.

Costs. We will include in our statements separate charges for services such as copying, messenger and delivery service, travel, international telephone, and filing fees. Unless otherwise agreed to in writing, the Client authorizes us to retain any investigators, consultants, or experts necessary in our judgment to represent the Client’s interests in the specified matter. Their fees and expenses generally will not be paid by us, but will be billed directly to the Client.

Estimates. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. Because fees and costs are usually not predictable, we generally make no commitment to the Client concerning the maximum fees and costs that will be necessary to resolve or complete the matter. Any mention by us of fees and costs is only an estimate. It is also expressly understood that your obligation to pay our fees and costs is in no way contingent on the ultimate outcome of the matter.

Client Responsibilities. You agree to pay our statements for services and expenses as agreed in the Terms of Engagement. In addition, you agree to be candid and cooperative with us and keep us informed with complete and accurate factual information, documents, communications, and other material relevant to the subject matter of our representation or otherwise reasonably requested by us. You also agree to make any necessary business and strategy decisions in a timely manner. Because we need to be able to communicate with you regarding the representation, you agree to keep us advised of name, address, telephone number, contact person, or email address changes.

Advice about Possible Outcomes. From time to time, we may express opinions or beliefs concerning the matter or various courses of action and the results that might be anticipated. Any such statement made by any of our lawyers is an expression of opinion only, based on information available to us at the time, and should not be construed by you as a promise or guarantee.

Electronic Communications. It is likely that, during the course of this engagement, you and Stoel Rives will use electronic devices and internet services (which may include unencrypted email, mobile phones, voice over Internet, electronic data/document websites, and other technology) to communicate and transfer documents. Although the use of this technology involves some degree of risk that third parties may access confidential communications, we believe and, by signing the engagement letter, you agree that the benefits of using this technology outweigh the risk of accidental disclosure. Nevertheless, just as we have policies and systems in place designed to make our electronic communications with you reasonably secure, it is equally important that you communicate with us in a manner that reasonably protects the confidentiality of information we share and any attorney-client privilege that may apply to our communications. This means that you should not use any computers or other electronic devices, networks, or internet addresses that are owned, controlled, or may be accessed by others to send or receive confidential information to or from us. Any device you use should be password protected and not accessible for use by any third party. 916

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City of Ontario
January 20, 2026

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Responding to Subpoenas and Other Requests for Information. If we are required to respond to a subpoena or other formal request from a third party or a governmental agency for our records or other information relating to services we have performed for you, or to testify by deposition or otherwise concerning such services, we will first consult with you as to whether you wish to provide the information demanded or assert the attorney-client privilege to the extent you may properly do so. In such circumstances, you agree that you will reimburse us for our time and expense incurred in responding to any such demand, including, but not limited to, time and expense incurred in searching for information and photocopying costs, reviewing documents, appearing at depositions or hearings, and otherwise litigating issues raised by the request.

Termination of Engagement. You may, at any time, terminate our representation upon written notice to us. We reserve the right to withdraw from our representation as required or permitted by the applicable rules of professional conduct upon written notice to you. Your termination or our withdrawal will not relieve you of your obligation to pay for services already rendered, including work in progress and incomplete at the time of termination, and to pay for all expenses incurred on your behalf by us through the termination or withdrawal date.

Conclusion of Representation; Retention and Disposition of Documents. Unless previously terminated or otherwise agreed, our representation will conclude and the attorney-client relationship will terminate automatically upon the occurrence of either of the following: first, 30 days following the date on which we send you a final statement for services rendered in the matter(s); or second, in the event a final statement for services is not sent, when 12 months have elapsed with no meaningful billable services provided to the Client. Thereafter, should you reengage us to represent you, you agree that the terms of this letter shall apply to any matters that we handle for you unless a new engagement letter has been signed. At your request, client documents and property will be returned to you upon receipt of payment for outstanding fees and costs, although we reserve the right to copy any documents we deem appropriate.

Our files and documents pertaining to the matter will be retained by us for ten years after the termination of a matter, without further notice to the Client.

Post-engagement Matters. The Client is engaging us to provide legal services in connection with a specific matter.

After completion of the matter, changes may occur in the applicable laws or regulations that could impact the Client’s future rights and liabilities. Unless the Client engages us after the completion of the matter to provide additional legal advice or services on issues arising from the matter, we have no continuing obligation to advise the Client on such issues or on future legal developments, including docketing milestones, making additional or continuation filings, monitoring renewal or notice dates or similar deadlines that may arise with respect to the matter, pursuing appeals, or taking other steps on the Client’s behalf to protect its interests.

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Department: Utilities
Prepared By: Dennice Raygoza
Staff Member Presenting: Scott Burton, Utilities
General Manager
Reviewed By: Dennice Raygoza, Courtney
Jones, Michael Sigsbee
Approved By:

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

AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTING INC. FOR WATER AND SEWER FINANCIAL COST

ANALYSES

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consultants Inc. of Los Angeles, California, for Water and Sewer Financial Cost Analyses and Rate Study Services in the amount of $160,845 for a new total revised not-to-exceed amount of $215,920 and a term from February 1, 2026 to January 31, 2028.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

The Proposed Amendment No. 1 to the Professional Services Agreement with Raftelis Financial Consulting Inc. (Raftelis) is for additional Water and Sewer Financial Analyses and Rate Study Services in the amount of $160,845 for a new total revised not-to-exceed amount of $215,920. Under the existing Agreement and proposed Amendment, expenditures will be based on negotiated billing rate sheets and proposals. If approved, additional appropriation in the Water and Sewer Operating Funds will be included in future quarterly budget updates to the City Council as needed. There is no impact to the General Fund.

BACKGROUND & ANALYSIS:

The Ontario Municipal Utility Company (OMUC) provides safe and reliable water, recycled water, and sewer services to more than 40,000 customers within the City.

OMUC is responsible for the operation, maintenance, and ongoing upgrade and expansion of the City’s water, recycled water, and sewer systems, including the maintenance, repair, and replacement of aging facilities, and the installation of new facilities to meet development needs.

OMUC operates and maintains the water, recycled water, and sewer collection systems to ensure 918
reliable service and compliance with all applicable federal, state, and local regulations. These responsibilities include monitoring system capacities, conducting inspections, identifying deﬁciencies, implementing proactive measures to prevent and mitigate service disruptions, protecting public health and the environment, providing master planning eﬀorts, and providing meter reading, customer service, and customer billing services.

The City is currently in agreement with Raftelis to provide services related to water, recycled water, and sewer infrastructure cost analyses. The City relies on a variety of revenue sources to fund the cost of replacement and new infrastructure, including utility rates, grant funding, developer contributions, and development fees, for example. The analyses focus on assisting OMUC in projecting future revenue streams to meet the cost of capital planning eﬀorts for future infrastructure needs based on current and anticipated growth within the City.

Proposed Amendment No. 1 would expand the scope of services to include the City’s next utility rate study. OMUC regularly reviews utility rates to ensure the cost of providing services is evaluated and that rate adjustments are proposed as necessary. Raftelis serves as an independent consultant assisting the City in reviewing and modeling various assumptions, inputs, and scenarios to develop long-term ﬁnancial plans for water, recycled water, and sewer services. These eﬀorts follow industry-standard practices for long-term ﬁnancial planning and incorporate commonly accepted assumptions and legal criteria required for utility rate-setting.

Staﬀ recommends approval of Amendment No. 1 to the Professional Services Agreement based on Raftelis’ experience, qualiﬁcations, familiarity with the project, and performance in providing these services.
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AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
RAFTERLIS FINANCIAL CONSULTING INC.

1. Parties and Date.

This Amendment No. 1 to the Agreement (as defined herein) is made and entered as of _____________, by and between the City of Ontario (“City”) and Raftelis Financial Consulting Inc., a Corporation (“Consultant”) City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Water and Sewer Infrastructure Cost Analysis” dated February 9, 2026 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to add additional analysis, including a cost-of-service study for water and sewer services, extend the term of the agreement from February 1, 2026 to January 31, 2028, and increase the compensation by $160,845 for a total not-to-exceed amount of $215,920.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.1.1 - General Scope of Services and 3.2.1 – Compensation of the Agreement is hereby amended in its entirety to read as follows:

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Rate Analysis consulting 920
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services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto.

3.1.2 Term. The term of this Agreement shall be from February 1, 2026, to January 31, 2028, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than three (3) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Fifteen Thousand, Nine Hundred and Twenty Dollars ($215,920) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No.1.

3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND RAFTELIS FINANCIAL CONSULTING INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 as of the day and year first above written.

CITY OF ONTARIO Raftelis Financial Consulting Inc.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

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Exhibit A
Scope of Services

Scope of Services
We developed the following proposed scope of services based on objectives and concerns identified by the City in our most recent discussions.

Task 1: Project Initiation and Project Management
Our project management approach emphasizes communication, transparency, and accountability in achieving project objectives. We will manage monthly invoicing, project documentation, and client correspondence, which includes holding regular project update meetings with City staff to discuss project progress, schedule, and preliminary results as they become available. We believe in a no- surprises approach to project management and ensure that the City is always informed of the project's status.

Task 1.1 – Ongoing Project Management and Quality Assurance/Quality Control (QA/QC)
This task includes general administrative duties, including client communication, billing, project documentation, and overall project administration. We assumed that staff meetings were virtual.

The project manager and a senior consultant, not intimately involved with the project, will perform QA/QC on the model at each major milestone, such as the completion of the financial plan and the completion of rates.

Task 1.2 – Project Initiation and Data Collection
We propose gathering the data, reviewing it, preparing the model, and then having the kick-off meeting. Raftelis uses the kick-off meeting to perform our due diligence, ensuring stakeholders agree to the project’s goals, approach, work plan, schedule, and priorities. We recommend that the City’s legal counsel participate to provide their recommendations on the City’s pricing objectives.

Obtaining their legal counsel at the beginning of the project is an important consideration that will mitigate later revisions to the project's recommended rates. We will submit a detailed data request before the kick-off meeting. As part of the kick-off meeting, Raftelis will:
 Discern the study's major drivers
 Discuss any items that the City would like to change from the last study  Review the data request list and pinpoint data gaps or questions  Review the City’s pricing objectives

PLANNED MEETINGS:
 One (1) virtual kick-off meeting with City staff
 Monthly virtual coordination check-in calls

DELIVERABLES:
 Data request list
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 Kick-off meeting agenda
 Kick-off meeting minutes
Task 2: Water, Recycled Water & Wastewater Financial Plans Financial Plan Model Development
This task will involve projecting budget items, including annual costs related to labor, power, materials, capital expenditures, plant investment, operating and maintenance (O&M) expenses, transfers, reserve contributions, and debt service coverage, using assumptions based on various economic factors and growth trends. It will also incorporate the updated water and wastewater development impact fee projections and selected approach from the Phase 1: High-Level Analysis of Ontario Ranch Water and Sewer Infrastructure Funding Project.

We will develop forecasts of revenue requirements over the five-year planning period. Revenue requirements will be projected over the rate-setting period based on historical results, the current budget, capital improvement plans, master planning studies, existing debt service, other obligations, and current economic trends. We will examine the effect of variations in factors that impact the utility’s revenue requirements and provide comparisons of potential revenue requirement scenarios for review with the City to identify the most appropriate revenue requirements for proposed rates.

Projecting revenue adjustments over a multi-year planning horizon can illustrate future rate impacts and potential challenges to the City’s financial situation. This will enable the City to adjust its expenses, transfers, reserve balances, and capital project schedule to mitigate rate impacts and maintain financial stability.

Develop Five-Year Cash Flow Analysis and Recommend Reserve Balances We will develop a five-year cash flow analysis to determine the revenue adjustments needed to meet projected revenue requirements for the multi-year planning period while minimizing sharp rate fluctuations. The cash flow worksheet incorporates revenues generated from different sources, expenses needed to maintain the utility systems, any transfers in and out of the enterprise funds, as well as the coverage needed to meet current and proposed debt service requirements. The level of transfers will be considered and compared to industry standards and then evaluated in accordance with regulatory guidelines. We will also review the reserve policies to recommend appropriate reserve balances that are consistent with industry standards and the City’s desire to effectively address risks associated with various factors, including emergency expenditures or revenue shortfalls.

Recycled Water Considerations for the Financial Plan
We will review the purchased water costs for direct use and recharge, and provide recommendations for updating the allocation of recycled water costs between potable and recycled water in the financial plans. The financial plan projects the revenue requirements for the test year, a necessary step in determining the cost of service for recycled water and proposed rates. The latest economic analysis of recycled water will also be factored into the financial plan’s projection of baseline revenues.

PLANNED MEETINGS:
 Included with monthly coordination check-in calls as outlined in Task 1 924
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DELIVERABLES:
 Financial plan for water, recycled water, and wastewater in Microsoft Excel Task 3: Water, Recycled Water, and Wastewater Cost of
Service
We will review and update the prior water cost of service study, which uses the AWWA-approved Base-Extra Capacity method. The Base-Extra Capacity method recognizes different usage patterns (or peaking factors) demonstrated by each customer class. We also review and update the cost of service for recycled water.

We will update the prior wastewater cost of service study, which is based on guidance found in the Water Environment Federation’s Manual No. 27, Financing and Charges for Wastewater Systems.

The City;s costs are for collection and the Inland Empire Utilities Agency (IEUA) costs are for treatment. IEUA costs will be passed through based on their rates.

The cost of service allocates costs to customer classes based on the relative responsibility of each by multiplying service units by unit costs of service. The result is the total cost responsibility required of each customer class.

PLANNED MEETINGS:
 Included with monthly coordination check-in calls as outlined in Task 1

DELIVERABLES:
 Cost of service analysis in Microsoft Excel
Task 4: Water, Recycled Water, and Wastewater Rate
Calculation
Task 4.1 – Rate Calculation
We will update the prior rates. As discussed with the City, we understand that the City would like to maintain the existing rate structures. As with the prior study, the water rates have various unit costs by cost component to communicate the basis for the rates in each tier, including water supply costs, delivery costs, and peaking costs. The model will have the built-in capability to conduct various scenario analyses to address different conservation issues, such as drought, and calculate water rates under each scenario. We will update the rates for all three utilities and review the results with City staff.

Task 4.2 – Recycled Water Considerations for Rate Design The City’s recycled water infrastructure has been developed using a combination of development impact fees, grants, and water capital funds from potable rates. Raftelis will consider including a replacement component for the recycled water system in the design of the recycled rates. Raftelis will also incorporate the recommendations from the latest economic analysis, which compares the costs and benefits of recycled water rates and voluntary agreements with agricultural customers.

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Task 4.3 – Customer Bill Impact Analysis
Raftelis will assess the potential financial impact on customers resulting from the updated rates.

Each model will include tables and figures that show the projected rate impacts on different types of customers at various usage levels.

PLANNED MEETINGS:
 Included with monthly coordination check-in calls as outlined in Task 1

DELIVERABLES:
 Rate models in Microsoft Excel showing calculated water, recycled water, and wastewater rates and customer bill impacts
Task 5: Project Coordination and Review with City Staff Raftelis will review the proposed water, recycled water, and wastewater rates with City Staff. The ultimate goal of this task is to develop a final recommendation of the rate structures to be presented to the City Council for approval, allowing for the issuance of Proposition 218 notices with an implementation date of July 1, 2027. This coordination will be accomplished with three (3) additional virtual meetings.

PLANNED MEETINGS:
 Up to three (3) virtual meetings with City staff

DELIVERABLES:
 Presentation materials for up to two (2) City Council meetings Task 6: Water, Recycled Water, and Wastewater Report
The financial plan, proposed rate structures, and rate recommendations will be described in draft and final reports. These reports will include an executive summary followed by a detailed financial plan and derivation of the rates. This task includes one review cycle to incorporate comments from the City into the final report.

PLANNED MEETINGS:
 Phone calls, if needed, to discuss the reports

DELIVERABLES:
 Draft and final reports

Task 7: New Municipal Service Center Analysis
Raftelis will use the financial plan from Task 2 to evaluate funding and rate impact scenarios for the City’s New Municipal Service Center.

PLANNED MEETINGS:
 Virtual meetings as needed to complete the analysis
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BB&K 2020

DELIVERABLES:
 Financial plan scenarios

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BB&K 2020

Exhibit C
Compensation

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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: 12
SUBJECT:

ADOPTION OF

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

CITY OF ONTARIO
Agenda Report
February 17, 2026
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 to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local enforcement. AB 481 added Chapter 12.8, commencing with Section 7070, to the Government Code. Pursuant to Government Code section 7070 et. seq., the City Council must approve a publicly released, written Military Equipment Use Policy (Policy). The Policy must include the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment owned by the law enforcement agency. Additionally, the Policy must include the acquisition and maintenance costs of the equipment, as well as the training required by any oﬃcer allowed to use the military equipment. The Policy must also include mechanisms to enforce the Policy and procedures for members of the public to register complaints or concerns about the use of military equipment.

The City Council must adopt the Policy by Ordinance after a public hearing held at a regular meeting pursuant to the Brown Act. The Policy must be posted on the Ontario Police Department website at least thirty (30) days before the public hearing. In compliance with Government Code section 7071(a)(2), the Ontario Police Department made the Policy available on the City's website at https://www.ontarioca.gov/Police on January 4, 2026, and is providing the proposed Policy to the City Council as an attachment to this staff report.
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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 a ll 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 931

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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. 932

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

b. DJI Avata (Quantity: 3)
Description: A handheld drone designed for interior 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

c. 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

d. 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

e. 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

f. Mini 2 (Quantity: 2)
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. Mavic 3 Enterprise (Quantity: 8)
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

h. 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

i. Skydio X10 with dock (Quantity: 6)
Manufacturer: Skydio
Description: Small unmanned aerial system equipped with a camera that streams and records vital intelligence to officers. The drones are deployed from their respective dock which houses and charges them. Designed to provide situational intelligence prior to and after officers arrive on scene. The X10's are installed in docks throughout the city and flown by an operator at the station allowing for immediate response to calls. The Skydio platform streams video intelligence to officer's providing actionable intelligence to improve not only the safety of officers but the safety of the public as well.

Concerns & Complaints Received: None
Internal Audit Results & Responses: None
Total Annual Cost: None
Future Acquisition Plans: 6 additional Skydio X10’s and docks

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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
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

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

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
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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
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

e. SPOT Quadraped (Quantity: 1)
Manufacturer: Boston Dynamics
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Description: Small quadraped robot designed to provide situational awareness by 'scouting out' while 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 four legs, SPOT effortlessly climbs stairs, traverses obstacles. It also includes a fully articulated arm with gripper that can move objects and open doors. SPOT features a 360 camera, PTZ camera, and thermal camera for situational awareness.

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

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. 939

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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 940

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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 – Fi ve (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: 132)
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: 150)
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 ra ted 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 952

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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: 15)
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: 32)
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. LMT – Model 203 (Quantity: 2)
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

d. 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

e. 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

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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:

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)
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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)
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

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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
Description: The MAWL has an IR light and IR laser which work in conjunctions with night vision devices to illuminate and aide in aiming a weapon system.

V. USAGE OF MILITARY EQUIPMENT WHEN COLLABORATING WITH

OTHER LAW ENFORCEMENT AGENCIES

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

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

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

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

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

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

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

4. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to 958

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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

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 959

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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.

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. 960

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C. 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.

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 2025 (July 2024 – June 2025)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (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 FY25 (approximate) 962

Page 34 of 36 ends

Dragon Runner $46,000 Varies on Usage

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (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 FY25 (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 FY25 (approximate) Explosive Breaching Kit $3,850 $202,010 (total SWAT equipment budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Remington 870 Breaching
Shotgun $800 Each $121,390 (total ammo budget)
TKO 12 Gauge Breaching
Shotgun Rounds $8.15 Per Box (6) $121,390 (total ammo budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Windrunner .50 cal $7,144 Varies on Usage
Match Ammunition - .50
BMG .510” 750 grain $59 Per Box (10) $121,390 (total ammo budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (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 $121,390 (total ammo budget) Gold Dot .223 62 grain $287 Per Case $121,390 (total ammo budget) HSM 750g A-Max .308 $49 Per Box $121,390 (total ammo budget)

963

Page 35 of 36 ends

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Def Tec Flashbang $38.60 Each $70,150 (total SWAT equipment budget) Def Tec Multi-bang $70.00 Each $70,150 (total SWAT equipment budget) Training Flash Bang $58.50 Each $70,150 (total SWAT equipment budget) Liberty Dynamics Flash
Bang $18,694 Total $70,150 (total SWAT equipment budget) SPEDE Heat $33.05 Each $70,150 (total SWAT equipment budget) 40mm CS Ferret $26.15 Each $70,150 (total SWAT equipment budget) Pocket Tactical CS $28.00 Each $70,150 (total SWAT equipment budget) Maximum HC Smoke $32.60 Each $70,150 (total SWAT equipment budget) 37mm Foam Baton $24.50 Each $70,150 (total SWAT equipment budget) 40mm Skat Shell $40.65 Each $70,150 (total SWAT equipment budget) Instantaneous Blast CS $54.60 Each $70,150 (total SWAT equipment budget) Pocket Tactical Smoke $32.60 Each $70,150 (total SWAT equipment budget) CS Flameless Tri
Chamber $46.25 Each $70,150 (total SWAT equipment budget) CS Triple Chaser $46.25 Each $70,150 (total SWAT equipment budget) 40mm Muzzle Blast CS $26.75 Each $70,150 (total SWAT equipment budget) Gas Ram $3,250 Each $70,150 (total SWAT equipment budget) Burn Safe $155.40 Each $70,150 (total SWAT equipment budget) Tippman FTC $499 Each $14,127 (Department equipment budget) PepperBall Live $899 Box $14,127 (Department equipment budget) PepperBall Glass
Breaker $3.00 Per Round $14,127 (Department equipment budget) PepperBall Inert $300 Per Case $14,127 (Department equipment budget)

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (approximate) Def-Tec 40mm Launcher $985 Each $14,127 (Department equipment budget) LMT 40mm Launcher $985 Each $14,127 (Department equipment budget) LMT – Model 203 $3,299 Each $14,127 (Department equipment budget) Def-Tec 37mm Launcher $884.50 Each $14,127 (Department equipment budget) Def-Tec 40mm Multi-
Launcher $2,369 Each $14,127 (Department equipment budget) eXact iMpact 40mm
Sponge Round $30 Each $14,127 (Department equipment budget)

964

Page 36 of 36 ends

Equipment Name and
Model / Manufacturer Initial Cost Ongoing Annual Cost FY25 (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

965
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.

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 et seq.), 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 prepare a publicly released, written, military equipment use policy listing 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 presen ted 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 equipment use complied with the applicable equipment use policy (including equipment now defined as “military equipment”) that was in effect at the time; and

WHEREAS, if prior uses of the equipment did not comply with the equipment use policy in effect at that time , corrective action has since been taken to remedy nonconforming uses and ensure future compliance moving forward; and

966
WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made the Policy and related documents available on the Police Department’s website for a period at least thirty (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; and

WHEREAS, all other legal prerequisites prior to the adoption of this Ordinance have occurred and been satisfied.

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 (“Policy”), attached hereto and incorporated herein as Exhibit “A” by this reference, shall govern the use of military equipment by the Ontario Police Department.
(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, attached hereto and incorporated herein as Exhibit “B” by this reference, and the City Council shall thereafter determine whether each type of military equipment id entified therein complies with the standards for approval set forth in Government Code Section 7071(d).
(d) The City Council shall on an annual basis and at a regular meeting thereof r eview this Ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e).
(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 t hat there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

967
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 f or 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 t he 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 17th day of February 2026.

___________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

968
APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

969

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 ______, 2026 and adopted at the regular meeting held ___________, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

970
971
972
973
974
975
976
977
Department: Building
Prepared By: Emily Medina
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN

ENGINEERING FOR BUILDING PLAN CHECK SERVICES

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with Willdan Engineering for Building Plan Check Services, increasing the contract amount by $1,585,000 for a total not to exceed amount of $4,085,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

Amendment No. 2 to the Professional Services Agreement with Willdan Engineering is in the amount of $1,585,000 for a total not to exceed amount of $4,085,000. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the General Fund for consulting services. If approved, additional appropriations will be included in future quarterly budget updates to Council for approval as needed.

BACKGROUND & ANALYSIS:

As construction activity continues to grow at a rapid pace, the demand on City Staﬀ to provide plan check, inspection, and counter assistance services has increased signiﬁcantly. To manage peak workloads and ensure accurate and timely plan reviews and inspections, the Building Department has utilized consultants to supplement Staff resources.

In support of this eﬀort, the Department entered into a contract with Willdan Engineering on September 27, 2022. The original contract term was from July 1, 2022, through June 30, 2025, with a not to exceed amount of $1,500,000. The contract was subsequently amended through Amendment No. 1, dated October 17, 2024, which extended the contract term by two years to June 30, 2027, and increased the contract amount by $1,000,000, resulting in a revised not to exceed total of $2,500,000.

With the proposed Amendment No. 2, the Building Department will be able to continue utilizing Willdan Engineering to support high-volume plan check and inspection services. This amendment increases the contract amount by $1,585,000, for a total not to exceed amount of $4,085,000. This increase will ensure adequate funding is available for the remainder of the contract term. 978

January 8, 2026
City of Ontario
Attn: Emily Medina
Administrative Assistant
Building Department
303 East B Street
Ontario, CA 91764
Subject: Cost Estimate
Dear Emily Medina:

As requested, Willdan’s cost estimate for services to be provided for the period of December 2025 through June 2027 is $1,585,000.

We look forward to continuing to serve the City of Ontario and its community.

Respectfully,

WILLDAN ENGINEERING

Patrick Johnson, PE, CBO
Director of Building and Safety
[email protected]

979
BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

WILLDAN ENGINEERING

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Willdan Engineering, a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated September 27, 2022 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to increase the not -to-exceed compensation amount by One Million Five Hundred Eighty -Five Thousand Dollars and Zero Cents ($1,585,000) for a total not to exceed amount of Four Million Eighty-Five Thousand Dollars and Zero Cents ($4,085,000) The parties have heretofore entered into that Amendment No. 1 dated October 17, 2024.

2.3 Amendment Authority . This Amendment No. 2 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
"Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” incorporated herein by reference. The total compensation shall not exceed Four Million Eighty-Five Thousand Dollars and Zero Cents ($4,085,000). The City reserves the right to award its total compensation to one bidder or apportion thereof among several bidders, and the City may deem to be 980
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
in its be st interest. Extra W ork may be authorize d, as describe d below, and if authorized, will be compensated at the rates and manner set forth in this Agreement." Exhibit C is hereby amended in its entirety to add Attachment A which is attached hereto and incorporated herein by reference. All other previously added or deleted scopes of services are retained in their entirety.

3.2 Continuing Effect of Agreement . Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND WILLDAN ENGINEERING

IN WITNESS WHEREOF, the Parties have entered into Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO WILLDAN ENGINEERING
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

982
Department: Building
Prepared By: Emily Medina
Department:

Prepared By: Emily Medina
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BPR

CONSULTING GROUP, LLC FOR BUILDING PLAN CHECK SERVICES

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council authorize the City Manager, or his designee, to execute Amendment No. 2 to the Professional Services Agreement with BPR Consulting Group, LLC for building plan check services, increasing the contract amount by $1,750,000 for a total not to exceed amount of $4,250,000.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

Amendment No. 2 to the Professional Services Agreement with BPR Consulting Group, LLC for building plan check services in the amount of $1,750,000 for a total not to exceed amount of $4,250,000. The Fiscal Year 2025-26 Adopted Budget includes appropriations in the General Fund for consulting services. If additional appropriations are needed, it will be included in future budget adjustments for Council's approval.

BACKGROUND & ANALYSIS:

As construction activity continues to increase at a rapid pace, the demand on City staﬀ to provide plan check, inspection, and counter assistance services has increased signiﬁcantly.

To manage workload ﬂuctuations and ensure accurate and timely plan reviews and inspections, the Building Department has utilized consultants during peak periods.

In support of this effort, the Department entered into a contract with BPR Consulting Group, LLC on July 1, 2022. The original contract term was from July 1, 2022, through June 30, 2025, with a not to exceed amount of $1,500,000. The contract was subsequently amended through Amendment No. 1, dated December 17, 2024, which extended the contract term by two years to June 30, 2027, and increased the contract amount by $1,000,000, for a revised not to exceed total of $2,500,000.

With the proposed Amendment No. 2, the Building Department will be able to continue utilizing BPR Consulting Group, LLC to support high-volume plan check and inspection services. This amendment increases the contract amount by $1,750,000, resulting in a total not to exceed amount of $4,250,000.

This increase will ensure sufficient funding is available for the remainder of the contract term. 983

BPR

January 9, 2026

City of Ontario
Building Department
303 East B Street
Ontario, CA 91764

RE: Estimate of Cost of Services from December 2025 through June 2027

We understand that the current funds available for Building & Safety Services are expected to be depleted prior to the expiration of our agreement. As the extent and quantity of services that will be performed during the remainder of our contract (December 2025 through June 30, 2027) is unknown at this time, our best estimate for the total value of future services is $1,750,000.

Please feel free to contact me directly if you have any questions or would like any additional information.

Sincerely,

BPR CONSULTING GROUP

Ron Beehler, SE, CBO
Principal / Director of Client Services
916.204.3178
[email protected]

984
BB&K (2024) 1 AMENDMENT TO NON-CONSTRUCTION CONTRACT
46700.00100\9423414
PAUL S. LEON
MAYOR
ALAN D. WAPNER

MAYOR PRO TEM
JIM W. BOWMAN

DEBRA PORADA

DAISY MACIAS

COUNCIL MEMBERS

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND

BPR CONSULTING GROUP LLC

1. Parties and Date.

This Amendment No. 2 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and BPR Consulting Group LLC , a Corporation (Consultant). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement” dated July 1, 2022 (“Agreement”).

2.2 Amendment Purpose . The City and Consultant desire to amend the Agreement to increase the not to exceed compensation amount by One Million Seven Hundred Fifty Thousand Dollars and Zero Cents ($1, 750,000) for a total not to exceed amount of Four Million Two Hundred Fifty Thousand Dollars and Zero Cents ($4, 250,000) The parties have heretofore entered into that Amendment No. 1 dated December 17, 2024.

2.3 Amendment Authority . This Amendment No. 2 is authorized pursuant to Section

3.7.14 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
"Compensation Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” incorporated herein by reference. The total compensation shall not exceed Four Million Two Hundred Fifty Thousand Dollars and Zero Cents ($4,250,000). The City reserves the right to award its total compensation to one bidder or apportion thereof among several bidders and the City may deem to be in its best interest. Extra Work may be authorized, as described below, 985
BB&K (2024) 2 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414
and if authorize d, will be compensa ted a t the ra tes a nd manner se t f orth in this Agreement."
Exhibit C is hereby amended in its entirety to add Attachment A which is attached hereto and incorporated herein by reference. All other previously added or deleted scopes of services are retained in their entirety.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.5 Integration . This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
986
BB&K (2024) 3 AGREEMENT FOR NON-CONSTRUCTION CONTRACT
46700.00100\9423414

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO

AND BPR CONSULTING GROUP LLC

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 as of the day and year first above written.

CITY OF ONTARIO BPR CONSULTING GROUP LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Scott Ochoa
City Manager
Approved as to Form:

_____________________________________
Best Best & Krieger LLP
City Attorney

Attested By:

City Clerk

987
Department: Human Resources
Prepared By: Reed Sigler
Department:

Prepared By: Reed Sigler
Staff Member Presenting: Angela C. Lopez,
Executive Director Human Resources
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT:

ADOPT A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW POLICE CHIEF

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt a Resolution conﬁrming the appointment of a new Police Chief at a salary within the range consistent with EX 10.

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 Invest in the Growth and Evolution of the Cityâ€™s Economy FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

Police Chief Michael Lorenz, announced his retirement eﬀective February 18, 2026. Pursuant to Ontario Municipal Code Section 2-3.204(a): "Police Chief. The Police Chief shall be appointed by the City Manager for an indeﬁnite term, subject to conﬁrmation by the City Council... " It is recommended that Deputy Police Chief Rudy M. Lopez, be conﬁrmed as Police Chief beginning February 18, 2026.

Government Code Section 36506 requires the City Council to set the salaries for appointive positions in the Executive Management group by Resolution, and such salaries are consistent with the salary range table in the Executive Management Compensation and Beneﬁts Proﬁle (Proﬁle).

Consistent with the Executive Compensation and Beneﬁts Proﬁle, that the City Manager has the authority to set the base salary for the Police Chief within the previously approved EX 10 base salary range.

Deputy Police Chief Lopez has worked several details for the City of Ontario Police Department, which include Special Operations Bureau, Gang Violence Suppression Unit, Field Oﬃcer Training Program, SWAT, Investigations, Intelligence, Narcotics, Internal Aﬀairs and the Airport Operations Division.
988

Deputy Police Chief Lopez is a graduate of Cal State Long Beach and holds a Master of Science Degree in Leadership and Management from the University of La Verne. He began his professional career in law enforcement in 1998 with the Los Angeles County Sheriﬀ's Department. In 2002, he transitioned to the Ontario Police Department as a Lateral Patrol Oﬃcer and was promoted to Police Corporal in 2008, Police Detective in 2010, Police Sergeant in 2014, Police Lieutenant in 2017, and Police Captain in 2020, before being appointed Deputy Police Chief in December 2024. His current role as Deputy Police Chief reﬂects his extensive experience and dedication to public service.
989

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF POLICE CHIEF.

WHEREAS, the Municipal Code of the City of Ontario, California (the "City") provides at Sections 2-3.204 and 2-3.305, respectively, that the position of Police Chief shall be appointed by the City Manager; and

WHEREAS, California Government Code Section 36506 requires the City Council to fix the compensation of appointive officers; and

WHEREAS, the City Manager has recommended that the City's Council confirm the appointment of Rudy M. Lopez, as Police Chief effective February 18, 2026.

WHEREAS, the base salary range for the position of Police Chief was previously assigned to range EX 10 of the Executive Management Compensation Ranges effective July 14, 2024.

NOW THEREFORE, be it resolved, by the City Council of the City of Ontario that Rudy M. Lopez, is confirmed as the Police Chief effective February 18, 2026. Consistent with the Compensation and Benefits Profile for Executive Management Employees, the City Manager shall determine Chief Lopez’s salary rate within the range EX 10 of the Executive Management Compensation Ranges.

SECTION 1. Signature and Attestation. The Mayor of the City shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

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

PASSED, APPROVED, AND ADOPTED this 17th day of February 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

990

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

991

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2026 - duly passed and adopted by the Ontario City Council at their regular meeting held March 3, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

992

APPENDIX A

*Actual rates will be calculated by the City's payroll system and may vary by a fraction of a cent.
993
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

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

A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA26-001, REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY

OF ONTARIO DEVELOPMENT CODE

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance Approving File No. PDCA26-001, a Development Code Amendment revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the City of Ontario Development Code.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which states long-term principles, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens. Staﬀ has initiated certain clariﬁcations and revisions to the City of Ontario Development Code that are necessary to adjust and clarify various provisions of the Development Code. The proposed Development Code Amendment is included as Attachment A (Proposed Development Code Amendment), and is comprised of certain clariﬁcations and revisions generally described as follows:

Revise Chapter 5.0 (Zoning and Land Use), Section 5.03.395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a commercial center, oﬃce, or industrial/business park complex may have per calendar year from 12 to 10, and address how single or consecutive event days count towards the total number of event days per calendar year.

Any provisions proposed for deletion are shown in red strikeout text ( Abcdefg
) and all additions are
shown in blue underlined text (
Abcdefg
). In considering the Development Code Amendment at their 994
meeting on January 27, 2026, the Planning Commission conducted a public hearing and voted 6-0 to recommend the City Council consider and approve File No. PDCA26-001, pursuant to the facts and reasons contained in the staff report and attached Ordinance.

ENVIRONMENTAL REVIEW:

The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the common sense exemption (general rule) that CEQA applies only to projects that have the potential for causing a signiﬁcant eﬀect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a signiﬁcant eﬀect on the environment, the activity is not subject to CEQA. Speciﬁcally, the amendment modiﬁes Section

5.03.395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a business may have per calendar year from 12 to 10.

And addresses how single or consecutive event days count towards the total number of event days per calendar year. This amendment is procedural in nature as it regulates the issuance of a temporary use permit, and the provisions of this section cannot result in a physical change to the environment.
995
Case Planner: Thomas Grahn, Principal Planner Hearing Body Date Decision Action Planning Director
Approval:

PC 1/27/26 Recommended
CC 1st reading 2/17/26 Introduction
Submittal Date: N/A CC 2nd reading 3/3/26 Final Action F
ILE NO.: PDCA26-001
SU
BJECT: A public hearing to consider Development Code Amendment revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the City of Ontario Development Code. City Initiated. City Council action is required.

R
ECOMMENDED ACTION: That the Planning Commission consider and adopt the Resolution recommending the City Council approve the Development Code Amendment (File No. PDCA26-001), pursuant to the facts and reasons contained in the staff report and Resolution.

P
ROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (3 2,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built -out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario ’s 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario’s population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.

P
ROJECT ANALYSIS:

T
he proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, as follows:
(
1) Revise Chapter 5.0 (Zoning and Land Use) , Section 5.03. 395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a commercial center, office, or industrial/business park complex may have per calendar year from 12 to 10 , and address how single or consecutive event days count towards the total number of event days per calendar year.

T
he proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended Resolution. Any 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
January 27, 2026
Approval
996
Planning Commission Agenda Report
File No.: PDCA26-001
January 27, 2026

Page 2 of 5 ends

provisions proposed for deletion are shown in red strikeout text ( Abcdefg) and all additions are shown in blue underlined text (Abcdefg).

PUBLIC NOTIFICATION: The number of owners to whom a public hearing notice would be mailed or delivered is greater than 1,000; therefore, pursuant to Development Code Section 2.03.010.C.2 and Government Code Section 65091(a)(4) , in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page was placed in a newspaper of general circulation in the City of Ontario (Inland Valley Daily Bulletin).

Public hearing notification was published a minimum of 10 days in advance of the public hearing.

CORRESPONDENCE: As of the preparation of t he Resolution, Planning Department staff has not received any written or verbal communications from the owners or occupants of properties surrounding the Project site or from the public in general, regarding the subject application.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

(1) Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) — On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area , as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2 -2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2 -5). As a result, Planning Commission has concluded that the proposed Development Code Amendment and Zone Change are consistent with the policies and criteria set forth within the ONT ALUCP.

(2) Chino Airport Land Use Compatibility Plan (CNO ALUCP) — On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan. The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport 997
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January 27, 2026

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activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Development Code Amendment may affect certain land development criteria on certain properties located within the Airport Influence Area of Chino Airport, which have been evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As a result, the Planning Commission has concluded that the proposed Development Code Amendment and Zone Change are consistent with the policies and criteria set forth within the CNO ALUCP.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan (TOP). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:

(1) City Council Goals.

 Invest in the Growth and Evolution of the City’s Economy.  Operate in a Businesslike Manner.

(2) Vision.

Distinctive Development:

 Commercial and Residential Development.

 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.

(3) Governance.

Decision Making:

 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.

 G 1-2. Long-term Benefit . We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision.

(4) Policy Plan (General Plan).

Land Use Element:

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Planning Commission Agenda Report
File No.: PDCA26-001
January 27, 2026

Page 4 of 5 ends

 Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

 LU-1.6 Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element.

ENVIRONMENTAL REVIEW: The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Specifically, the amendment modifies Section 5.03.395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a business may have per calendar year from 12 to 10. And addresses how single or consecutive event days count towards the total number of event days per calendar year. This amendment is procedural in nature as it regulates the issuance of a temporary use permit and the provisions of this section cannot result in a physica l change to the environment.

999
Planning Commission Agenda Report
File No.: PDCA26-001
January 27, 2026

Page 5 of 5 ends

Attachment A:

Resolution for File No. PDCA26-001

(Document to follow this page)

1000
RESOLUTION NO. PC26-004

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE FILE NO. PDCA2 6-001, A DEVELOPMENT CODE

AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTER 5.0 (ZONING AND LAND USE) OF THE CITY OF ONTARIO

DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT
THEREOF.

WHEREAS, THE CITY OF ONTARIO (Applicant) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA26 -001 as described title of this Resolution (hereinafter referred to as Application or Project); and

WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9)
provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario’ s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and

WHEREAS, the Development Code Amendment is of citywide impact, affecting

approximately 50 square miles (32,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and

WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and

WHEREAS, the Ontario Development Code implements federal and state planning, zoning, subdivision, and environmental laws to guide orderly development of the City in a manner that promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its residents; and

WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:

(1) Revise Chapter 5.0 (Zoning and Land Use) , Section 5.03-Supplementyal Land Use Regulations, Section 5.03. 395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a commercial center, office, or industrial/ business park complex may have per calendar 1001
Planning Commission Resolution
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January 27, 2026

Page 2 ends

year from 12 to 10, and address how single or consecutive event days count towards the total number of event days per calendar year; and

WHEREAS, Ontario Development Code Table 2.02- 1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and

WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, on January 27, 2026, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and

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

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the Planning Commission of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning Commission has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(2) The Development Code Amendment , as documented in the Agenda Report, is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption”
(also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

(3) The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the Planning Commission.

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Planning Commission Resolution
File No. PDCA26-001
January 27, 2026

Page 3 ends

SECTION 2: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning Commission finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.

SECTION 3: Airport Land Use Compatibility Plan (ALUCP) Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670 , et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2- 2), [2] Noise Criteria (ONT ALUCP Table 2 -3) and Noise Impact Zones (ONT ALUCP Map 2- 3), [3] Airspace protection Zones (ONT ALUCP Map 2- 4), and [4] Overflight Notification Zones (ONT ALUCP Map 2- 5). As a result, the Planning Commission , therefore, the Planning Commission finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and

(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information cont ained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace 1003
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Protection, Overflight. As a result, the Planning Commission , therefore, the Planning Commission finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above- referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning Commission hereby concludes as follows:

(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (TOP). The Development Code Amendment will:
(a) serve to pro mote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete co mmunity where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City ’s economy and focuses City resources in commercial and residential neighborhoods.

(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or
damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity
with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 5: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 7: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
1004
1005
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ATTACHMENT A:

File No. PDCA26-001
2026 Development Code Amendment No. 1

(Document to follow this page)

1007
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-114 Ontario Development Code

5.03.385: Spring and Wire Product Manufacturing
Wi
thin the IP zoning district, the development of new spring and wire product manufacturing shall be limited to small-scale (GFA of less than 45,000 SF for single-tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.390: Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics The
below-listed standards shall govern the estab lishment and operation of body art services in the City. For the purposes of this section, "body art services" shall mean tattooing, body piercing, branding, or the application of permanent cosmetics, excepting the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

A. Every person and every business engaged in body art and/or permanent cosmetics services shall comply with all applicable provisio ns of the Safe Body Art Act (HSC Section 119300 et seq.).

B. Every person and every business engaged in body art and/or permanent cosmetics services shall obtain a health permit from the San Bernardino County Division of Environmen tal Health Ser
vices prior to commencement of the business activity.

C. A person proposing to construct, remodel, or revise a body art and/or perman ent cosme
tics facility shall first submit plans to the Ontario Planning Department and the San Bernardino County Division of
Environmental Health Services fo r review and approval, prior to construction.

D. A
body art services business located in the MU-1 (Downtown Mixed Use) zoning district shall not be located within 0.25-mile, as measured in a straight line from any point along the oute r bound
aries of the property or lease space contai ning the use, to any other body art services business. Refer to Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Us e Map for locations.

5.03.395: Temporary and Interim Land Uses, Buildings, and Structures The
following temporary and interim land uses shall be allowed upon the issuance of an Administrative Use Permit by the City pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code:

A. Interim Farming Activities on Vacant or Underdeveloped Lands. Farming activities may be established and operated as an interim use on vacant or underdeveloped lands pursuant to the requirements of Subsection 5.03.405.F (Urban Farms) of this Division.

B. Model Homes. The
following standards shall govern the design and establishment of model homes:

1. Access shall meet the requirements of the Americans with Disabilities Act.

2. A
ny "trap" fencing shall be located on private property. 1008
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-115 (Rev. 01.20.202603.03.2026)

3. A
ny garage used as a sales office shall be converted back to a garage prior to dwelling occupancy.

4. A model complex consisting of 3 or more model homes shall develop and improve a separa
te lot to accommodate off-street parking, which shall be provided pursuant to Division

6.03 (Off-Street Parking and Loading) of this Development Code.

5. Subdivisions of 8 or more dwellings having at least one model home th at is landscape
d, shall demonstrate by installed land scape and irrigation, the principles of water- efficient landscaping and irrigation.

6. The developer of model homes constructed prior to the recordation of a final map for the
subdivision containing the model homes, shall enter into a model home agreement with the City, in a form satisfactory to the City Attorney, to ensure that the model homes will not be sold prior to recordation of the final map, and that the model homes will be demolished and removed should the final map not record within a period acceptable to the City.

7. The project proponent shall remove the model homes and their appurtenances from the affected property within 30 days following the expiration of the Administrative Use Permit.

8. In approving a model home facility, th e Reviewing Authority may require the inst
allation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and welfare.

9. To ensure removal of model homes and th eir appurtenances within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay any fees and costs incurred by the City, which is associated with the enforcement of Paragraphs A.1 through 8, above, and any conditions of Administrative Use Permit approval imposed by the Reviewing Authority.

C. Street Fairs. Street fairs may be allowed within any commercial or mixed-use zoning district.

D. Temporary
Alcoholic Beverage Sales. Temporary alcoholic beverage sale s for consumption on t
he premises may be allowed within nonresidential zoning districts in conjunction wi
th a temporary activity, display, or event for which an Administrative Use Permit is granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code.

E. Temporary Buildings and Structures. Temporary buildings and structures, including but not limit
ed to trailers and prefabricated ("modular" ) buildings, and appurten ances thereto, may be allowe
d within any residential, commercial, mixe d-use, industrial, specialized use, or overla y zoning district, subje
ct to the following:

1. The Pl
anning Director may approve temporary buildings and structures for an initial 2-year period, which shall be granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Reviewing Authority for a maximum of 2 one-year periods.

2. Te mporary buildings and structures requeste d for periods in excess of the maximum 4 years allowed pursuant to Paragraph E.1, above, may be allowed for periods not to exceed a 1009
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-116 Ontario Development Code total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.

3. In approving temporary buildings and structures, the Reviewing Authority may re
quire the installation of certain minimum impr ovements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and/or welfare.

4. The project proponent shall remove the te mporary building(s) or structure(s), and any appurtenances thereto, from the affected property within 30 days following the expiration of project approval.

5. To ensure removal of a temporary buildin g or structure, and all appurtenance s
th
ereto, within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay any fees and costs incurred by the City, which is associated with the enforcement Paragraphs F.1 and F.3, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.

F. Temporary Facilities. Temporary facilities, such as park ing lots for interim use, may be
allowe
d within any residential, commercial, mixe d-use, industrial, specialized use, or overla y zoning district, subje
ct to the following:

1. The
Planning Director may approve temporary facilities for an initial 2-year period, which shall be granted pursuant to Section 4. 03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Planning Director a maximum of 2 one-year periods.

2. Temporary facilities requested for periods in excess of the maximum 4 ye ars
allowe
d pursuant to Paragraph E.1, above, may be allowed for periods not to exceed a total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.

3. In approving a temporary facility, the Reviewing Authority may require the
inst
allation of certain minimum improvements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure an d protect the public health, safety, and/or welfare.

4. The project proponent shall remove the temporary facility and all appurtenances th
ereto from the affected property within 30 days following the expiration of the Administrative Use Permit.

5. To ensure removal of a temporary facility and all appurtenances thereto within the req
uired period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs E.1 and E.3, above, and any conditions of Ad ministrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.
1010
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-117 (Rev. 01.20.202603.03.2026) G. Temporary Outdoor Activities, Displays, Events, and Sales. Temporary outdoor sales, displays, and activities may be allowed within any commercial, mixed-use, industrial , or spe
cialized use zoning district, and within resident ial zoning districts in conjunction with a legally established religious assembly land use, subject to the approval of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code, and are further classifie
d as follows:

1. Retail Sales Events and Other Similar Business Events. Retail sales events and othe r similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:
a. A retail sales event or other similar business event shall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event. b. Retail sales events and other similar business events shall be limited to 12 , one-week periods per calendar year, per business location. The one-week periods may be used consecutively, with a mandatory down time of one week between each 6-week period Retail sales events and other similar business events sh all be limited to a maximum of 10 events per calendar year (maximum of 20 days/calendar year), for each commercial center, office, or industrial/business park complex. Each event may occur for a maximum of 2 consecutive days and each additional event (maximum of 2 consecutive days) after the initial event shall count towards the 10-event annual maximum, even when events are held on consecutive days. The annual event maximum shall apply collectively to all tenants within the commercial center, office, or industrial/business park complex. For the purpos es of this section, a commercial center, office or industrial/business park complex shall be consid ered a single site, regardless of the number of parcels, property owners, or tenants within the development area. c. The o
utdoor display of merchandise shall be restricted to an area directly adjacent to the business' exterior storefront; howeve r, in the case of shopping centers, when it is not practical for the outdoor display area to be lo cated directly adjacent to the business front, the sale area shall be located in an area as clos e as practically possible, to the business' exterior storefront.
d. The display of merchandise shall not impede pedestrian or vehicula r circulation.

e. All merchandise, materials, signs, and debris shall be remove d from the ou
tdoor area by 9:00 AM following the last day of the retail sales event.

2. Holiday Retail Sales. Holiday retail sales include Christmas tree and pumpkin sale s, and shall be limited to 30 days duration, 2 times per calendar year, for each business location.

3. Shows and Exhibits. Religious, historic, patriotic, or other similar outdoor displays may be permitted within a yard, parking lot or landsc aped area, by or for the benefit of nonprofit organizations, subject to the following:
a. Shows and exhibits shall be limited to 30 days duration within any 90-day period.
b. The show or exhibit shall not impede pedestrian or vehicular traffic. 1011
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-118 Ontario Development Code c. Shows and exhibits shall not be conducted within 1,000 FT of any residential land use, as measured in a straight line from any point along the outer boundaries of the property containing the show or exhibit. This separati on requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
d. All equipment, materials, signs, and debris shall be remove d from the ou
tdoor area by 9:00 AM following the last day of the display.

4. Amusement and/or Sporting Events. Bazaars, circuses, carnivals, rodeos, pony rides and other similar temporary amusement and/or sporting events may be permitted, subject to the following:
a. Events shall be limited to 2 periods of 7 days duration per calendar year, for each
event location. The 2 event periods may be used consecutively. b. Events shall not be conducted within 1,000 FT of any residential zoning district, as measured in a straig ht line from any point along the ou ter boundaries of the property or lease space containing the event. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. All equipment, materials, signs, and debris shall be removed from the event l
ocation by 9:00 AM following the last day of the event.

5. Tent Revivals. Tent revivals and other si milar temporary events involving the large assemblage of people and/or equipment within a temporary structure or in the open air, may be permitted, subject to the following:
a. Tent revivals shall be limited to 2 periods of 7 days duration per calend ar year, f
or each event location. The 2 event periods may be used consecutively. b. Tent revivals shall not be conducted wi thin 1,000 FT of any reside ntial land us
e, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the tent revival. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. All equipment, materials, signs, and debris shall be removed from the event l
ocation by 9:00 AM following the last day of the event.

6. Charitable and Fund Raising Events. Fund raising even ts for charitable organizations and other non-profit organizations, such as churches, schools, clubs, and other similar organizations, may be permitted to hold special outdoor fund raising events, hosted by and in conjunction with a legally established commerc i a l o r i n d u s t r i a l l a n d u s e s , s u b j e c t t o t h e following:
a. Charitable and fund raising events shall be limited to 12 events pe r
cal
endar year per location, not to exceed one ev ent per month. Events shall be limited to a maximum of 4 days duration.
1012
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-119 (Rev. 01.20.202603.03.2026) b. Charitable and fund raising events sha ll be restricted to an area directly adjacent to th
e host business' exterior; however, when it is impractical for the event to be located directly adjacent to the host business, such as in the case of a commercial shopping center, the event shall be located in an area as close as practically possible to the host business' exterior. c. Charitable and fund raising events shall not impede pedestrian or vehicular circulation.

d. All equipment, materials, signs, and debris shall be removed from the event l
ocation by 9:00 AM following the last day of the event.

H. Temporary Produce Stands. Temporary produce stands may be established and operated pursuant to the requirements of 5.03.410.E.2.d (Community Garden On-S ite Produce Sales) and

5.03.410.F.d.2 (U
rban Farm On-Site Produce Sales) of this Division.

I. Temporary Real Estate Sales,
Lease and Rental Offices. Temporary real estate sales, lease, and rental offices may be allowed within any residential, commercial, mixed-use, indu strial, speci
alized use, or overlay zoning district, subject to the following:

1. A
temporary real estate sales, lease, or rental office shall be located a minimum of 200 FT from any existing dwelling outside of the subdivision or development project.

2. A temporary real estate sale s, lease, or rental office may be established within a mode
l dwelling, or within a temporary structure specifically designed for the use and approved pursuant to Subsection E (Temporary Office Structures) of this Section.

3. A certificate of occupancy for a temporary real estate sales, lease, or rental office shall not be issued until after a subdivision has been recorded with the San Bernardino County Recorder, or a building permit has been issued for a multiple-family development project.

4. Temporary real estate sales, lease, or rental offices shall be removed from the site within 30 days following the sale, lease, or rental of the last dwelling unit.

5. Comply with all provisions of Division 8.1 (Sign Regulations) pertaining to temporary real estate sales, lease,
and rental signs.

J. Temporary Wireless Telecommunications Facilities. Temporary wireless telecommunications facilities may be allowed to fulfill short-term wireless capacity and/or coverage needs of the community, resulting from special activities or events for which a Temporary Use Permit has been approved, or to serve areas experiencing short-term population increases which the existing wireless telecommu nications system cannot adequately support, such as seasonal retail sales, and other City-supported activities/events.

1. The Planning Director may approv e short-term temporary wirele ss t
elecommunications facility pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. Should the City determine that a temporary wireless telecommunications facility is needed to fulfill the short-term wireless capacity and coverage needs of the community, an application for the short-term temporary wireless telecommunications facility, and applicable processing fees, shall be submitted for review and approval by the City. Furthermore, the following shall be imposed as a condition of application approval:
1013
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-120 Ontario Development Code a. The short-term temporary wireless telecommunications facility may remain in place for a period of 90 days from date of in stallation. The time in wh ich the approval expires may be extended for a maximum of 2 periods of 90 days duration, each, for a total of 270 days. b. Engineered plans and drawings (if required) to erect the temporary wireless telecommunications facility are to be submitted to the Building and Planning Departments for review and approval. All applicable building permits shall be required. c. If a generator is to be provided to operate or provide backup power to the t
emporary wireless telecommunications facility, all applicable requiremen ts of OMC Chapter 29 (Noise) of Title 5 (Public Welfare, Morals and Conduct) shall be complied with.

An agreement with the City and the posting of a $10,000 bond shall be required for any short-term temporary wireless telecommunications facilit y. The agreement shall state the applicant's concurrence with the temporary nature of the permit and the acceptance of the conditions of approval. The bond shall secure the applicant' s obligations to immediately remove approved facility upon expiration of the use permit. (Note: The bond requirement may be waived by the Development Agency Director.)
K. Temporary Truck Parking Facilities. Temporary truck parking facilities for interim use, may be
allowed within the IND (Industrial), BP (Bus iness Park), and GC (General Commercial) Polic y Pl
an land use designations, and the AG (Agricultural) zoning district, subject to the following:

1. Temporary truck parking facilities may be allowed in the general area sout h of Schae
fer Avenue, north of Merrill Avenue, east of Euclid Avenue, and west of the Cucamonga Creek Flood Control Channel.

2. Temporary truck parking facilities shall only be allowed on owner occupied parcels.

3. The
Planning Director may approve temporary truck parking facilities for an initial 2-year period, which shall be granted pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. The time in which the approval expires may be extended by the Planning Director a maximum of 2 one-year periods.

4. Te
mporary truck parking facilities requested for periods in excess of the maximum 4 years allo
wed pursuant to Paragraph K.3, above, may be allowed for periods not to exceed a total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.

5. In approving a temporary truck parking facility, the Reviewing Authority may re
quire the installation of certain minimum impr ovements, such as paved parking, lighting and landscaping, and other improvements necessary to ensure and protect the public health, safety, and/or welfare.

6. The project proponent shall remove the temporary truck parking facility and all appurtenances thereto from the affected property within 30 days following the expiration of the Administrative Use Permit.

7. To ensure removal of a temporary truck parking facility and all appurtenances thereto within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by 1014
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-121 (Rev. 01.20.202603.03.2026) the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs K.3 and K.5, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.

5.03.400: Thrift and Secondhand Stores, and Used Goods Stores The
on-site collection of salvageable personal property in conjunction with thrift and secondhand stores, and used goods stores, shall be prohibited, except as allowed by Section 5.03.320 (Personal Property Collection Bins) of this Division.

5.03.403: Single-Family Two-Unit Projects
A. Purpose. The
purpose of this Section is to allo w and appropriately regu late Single-Family Two-U
nit Projects pursuant to GC Section 65852.21.

B. Definition. A "Single-Family Two-Unit Project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary
dwelling unit on a legally subdivided lot pursuant to the requirements of this Section.

C. Application.

1. Only
individual property owners may apply for a Two-Unit Project. "Individua l property o
wner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee ti tle. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

2. An application for a Two-Unit Project shall be submitted on a City application form.

3. The
applicant shall obtain a certificate of compliance with the Subdiv ision Map A
ct for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any
incompleteness within 30 days following application submittal.

5. The City may establish a fee to recover its costs for adopting, implementi ng, and e
nforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.

D. Approval.

1. A
n application for a Two-Unit Project is approved or denied ministerially, by th e Planning Director, wi
thout discretionary review.

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirme
d that all required documents have been recorded, such as the deed restriction and easements.
1015

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA 26-001, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTER 5.0 (ZONING AND LAND USE) OF THE CITY

OF ONTARIO DEVELOPME NT CODE , AND MAKING FINDINGS IN
SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO (Applicant) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA2 6-001, as described title of this Ordinance (hereinafter referred to as Application or Project); and

WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term princip als, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario ’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and

WHEREAS, the De velopment Code Amendment is of citywide impact, affecting approximately 50 square miles (3 2,022 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and

WHEREAS, the Ontario Development Code implements federal and state planning, zoning, subdivision, and environmental laws to guide orderly development of the C ity in a manner that promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its residents; and

WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:

(1) Revise Chapter 5.0 (Zoning and Land Use) , Section 5.03 -Supplemental Land Use Regulations, Section 5.03.395: Temporary and Interim Land Uses, Buildings, and Structures to revise 5.03.395.G.1.b to reduce the total number of retail sales events a commercial center, office, or industrial/business park complex may have per calendar year from 12 to 10, and addresses how single or consecutive event days count towards the total number of event days per calendar year; and

1016

WHEREAS, pursuant to t he provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02 -1 (Review Matrix) assigns the City Council the responsibility and authority to review and act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and

WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearin g procedures to be followed, and all such notifications and procedures have been completed; and

WHEREAS, on January 27, 2026, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC2 6-004, recommending the City Council approve the Development Code Amendment; and

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

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:

SECTION 1. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:

(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and

(2) The Development Code Amendment , as documented in the Agenda Report, is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the “common sense exemption” (also known as the “general rule exemption”) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.

SECTION 2. Pursuant to the requirements o f California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Development Code Amendment, the City Council finds that based on the facts and information contained in the Application and supportin g documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
1017

SECTION 3. The California State Aeronautics Act (Public Utilities Code Section 21670, et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, w hich encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of curre nt and future airport activity. As the decision-making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibi lity factors, including [1] Safety Criteria (ONT ALUCP Table 2 -2) and Safety Zones (ONT ALUCP Map 2 -2), [2] Noise Criteria (ONT ALUCP Table 2 -3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2 -5). As a result, the City Council , therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and

(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consisten t with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (TOP). The Development Code Amendment will:
1018

(a) serve to promote a community that is consistently seeking —and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Counc il Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City ’s economy and focuses City resources in commercial and residential neighborhoods.

(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Develop ment Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 5. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Deve lopment Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East B Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 7. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 8. This Ordinance shall become effective 30 days following its adoption.

SECTION 9. 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 15 days following 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.
1019

PASSED, APPROVED, AND ADOPTED this 3rd day of March 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1020

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHELIA 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 on February 17, 2026 , and adopted at the regular meeting held on March 3, 2026, by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

SHELIA MAUTZ, CITY CLERK

(SEAL)

I hereby certify that the following is the original of Ordinance No. duly passed and adopted by the Ontario City Council at their regular meeting held on March 3, 2026, and that Summaries of the Ordinance were published on XXXX, and XXXX, in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK

(SEAL)

1021

ATTACHMENT A:

File No. PDCA26-001
2026 Development Code Amendment No. 1

(Document to follow this page)
1022
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-114 Ontario Development Code

A. Every person and every business engaged in body art and/or permanent cosmetics services shall comply with all applicable provisio ns of the Safe Body Art Act (HSC Section 119300 et seq.).

B. Model Homes. The
following standards shall govern the design and establishment of model homes:

1. Access shall meet the requirements of the Americans with Disabilities Act.

2. A
ny "trap" fencing shall be located on private property. 1023
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-115 (Rev. 01.20.202603.03.2026)

3. A
ny garage used as a sales office shall be converted back to a garage prior to dwelling occupancy.

4. A model complex consisting of 3 or more model homes shall develop and improve a separa
te lot to accommodate off-street parking, which shall be provided pursuant to Division

6.03 (Off-Street Parking and Loading) of this Development Code.

7. The project proponent shall remove the model homes and their appurtenances from the affected property within 30 days following the expiration of the Administrative Use Permit.

C. Street Fairs. Street fairs may be allowed within any commercial or mixed-use zoning district.

2. Te mporary buildings and structures requeste d for periods in excess of the maximum 4 years allowed pursuant to Paragraph E.1, above, may be allowed for periods not to exceed a 1024
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-116 Ontario Development Code total of 10 years, subject to Conditional Use Permit approval, granted pursuant to Section 4.02.015 (Conditional Use Permits) of this Development Code.

4. The project proponent shall remove the temporary facility and all appurtenances th
ereto from the affected property within 30 days following the expiration of the Administrative Use Permit.

5. To ensure removal of a temporary facility and all appurtenances thereto within the req
uired period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs E.1 and E.3, above, and any conditions of Ad ministrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.
1025
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-117 (Rev. 01.20.202603.03.2026) G. Temporary Outdoor Activities, Displays, Events, and Sales. Temporary outdoor sales, displays, and activities may be allowed within any commercial, mixed-use, industrial , or spe
cialized use zoning district, and within resident ial zoning districts in conjunction with a legally established religious assembly land use, subject to the approval of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code, and are further classifie
d as follows:

e. All merchandise, materials, signs, and debris shall be remove d from the ou
tdoor area by 9:00 AM following the last day of the retail sales event.

2. Holiday Retail Sales. Holiday retail sales include Christmas tree and pumpkin sale s, and shall be limited to 30 days duration, 2 times per calendar year, for each business location.

3. Shows and Exhibits. Religious, historic, patriotic, or other similar outdoor displays may be permitted within a yard, parking lot or landsc aped area, by or for the benefit of nonprofit organizations, subject to the following:
a. Shows and exhibits shall be limited to 30 days duration within any 90-day period.
b. The show or exhibit shall not impede pedestrian or vehicular traffic. 1026
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-118 Ontario Development Code c. Shows and exhibits shall not be conducted within 1,000 FT of any residential land use, as measured in a straight line from any point along the outer boundaries of the property containing the show or exhibit. This separati on requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
d. All equipment, materials, signs, and debris shall be remove d from the ou
tdoor area by 9:00 AM following the last day of the display.

6. Charitable and Fund Raising Events. Fund raising even ts for charitable organizations and other non-profit organizations, such as churches, schools, clubs, and other similar organizations, may be permitted to hold special outdoor fund raising events, hosted by and in conjunction with a legally established commerc i a l o r i n d u s t r i a l l a n d u s e s , s u b j e c t t o t h e following:
a. Charitable and fund raising events shall be limited to 12 events pe r
cal
endar year per location, not to exceed one ev ent per month. Events shall be limited to a maximum of 4 days duration.
1027
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-119 (Rev. 01.20.202603.03.2026) b. Charitable and fund raising events sha ll be restricted to an area directly adjacent to th
e host business' exterior; however, when it is impractical for the event to be located directly adjacent to the host business, such as in the case of a commercial shopping center, the event shall be located in an area as close as practically possible to the host business' exterior. c. Charitable and fund raising events shall not impede pedestrian or vehicular circulation.

d. All equipment, materials, signs, and debris shall be removed from the event l
ocation by 9:00 AM following the last day of the event.

H. Temporary Produce Stands. Temporary produce stands may be established and operated pursuant to the requirements of 5.03.410.E.2.d (Community Garden On-S ite Produce Sales) and

5.03.410.F.d.2 (U
rban Farm On-Site Produce Sales) of this Division.

1. A
temporary real estate sales, lease, or rental office shall be located a minimum of 200 FT from any existing dwelling outside of the subdivision or development project.

4. Temporary real estate sales, lease, or rental offices shall be removed from the site within 30 days following the sale, lease, or rental of the last dwelling unit.

5. Comply with all provisions of Division 8.1 (Sign Regulations) pertaining to temporary real estate sales, lease,
and rental signs.

1. The Planning Director may approv e short-term temporary wirele ss t
elecommunications facility pursuant to Section 4.03.015 (Administrative Use Permits) of this Development Code. Should the City determine that a temporary wireless telecommunications facility is needed to fulfill the short-term wireless capacity and coverage needs of the community, an application for the short-term temporary wireless telecommunications facility, and applicable processing fees, shall be submitted for review and approval by the City. Furthermore, the following shall be imposed as a condition of application approval:
1028
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.20.202603.03.2026) Page 5.03-120 Ontario Development Code a. The short-term temporary wireless telecommunications facility may remain in place for a period of 90 days from date of in stallation. The time in wh ich the approval expires may be extended for a maximum of 2 periods of 90 days duration, each, for a total of 270 days. b. Engineered plans and drawings (if required) to erect the temporary wireless telecommunications facility are to be submitted to the Building and Planning Departments for review and approval. All applicable building permits shall be required. c. If a generator is to be provided to operate or provide backup power to the t
emporary wireless telecommunications facility, all applicable requiremen ts of OMC Chapter 29 (Noise) of Title 5 (Public Welfare, Morals and Conduct) shall be complied with.

2. Temporary truck parking facilities shall only be allowed on owner occupied parcels.

7. To ensure removal of a temporary truck parking facility and all appurtenances thereto within the required period, the Reviewing Authority may require the project proponent provide a performance guarantee pursuant to Division 2.06 (Performance Guarantees) of this Development Code, in the amount of $10,000. The performance guarantee may be utilized by 1029
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-121 (Rev. 01.20.202603.03.2026) the City to pay fees and costs incurred by the City, associated with the enforcement of Paragraphs K.3 and K.5, above, and any conditions of Administrative Use Permit or Conditional Use Permit approval, as applicable, imposed by the Reviewing Authority.

5.03.403: Single-Family Two-Unit Projects
A. Purpose. The
purpose of this Section is to allo w and appropriately regu late Single-Family Two-U
nit Projects pursuant to GC Section 65852.21.

C. Application.

2. An application for a Two-Unit Project shall be submitted on a City application form.

3. The
applicant shall obtain a certificate of compliance with the Subdiv ision Map A
ct for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any
incompleteness within 30 days following application submittal.

D. Approval.

1. A
n application for a Two-Unit Project is approved or denied ministerially, by th e Planning Director, wi
thout discretionary review.

2. The ministerial approval of a Two-Unit Project does not take effect until the City has confirme
d that all required documents have been recorded, such as the deed restriction and easements.
1030
Department: Records Management
Prepared By: Claudia Y Isbell
Department:

Prepared By: Claudia Y Isbell
Staff Member Presenting: Claudia Y. Isbell,
Assistant City Clerk
Reviewed By: Jordan T Villwock
Approved By:

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

RESOLUTIONS WITHDRAWING TWO REFERENDUM MEASURES AND CANCELLING THE JUNE 2, 2026 SPECIAL MUNICIPAL ELECTION

CITY OF ONTARIO
Agenda Report
February 17, 2026
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council adopt Resolutions to withdraw two referendum measures from the June 2, 2026 Special Municipal Election ballot and to cancel the election for the measures.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

According to the San Bernardino County Registrar of Voters, the June 2, 2026 Special Municipal Election for the two referendum measures was estimated to cost the City approximately $748,800. With the withdrawal of these two measures, the June election cost will not be incurred by the City, however, there are nominal costs spent for the signature veriﬁcation process.

BACKGROUND & ANALYSIS:

Pursuant to State land use and development law, on April 15, 2025, the Ontario City Council adopted two related Ordinances:

1 .

Ordinance No. O3302, approving a statutory Development Agreement between the City and Diversiﬁed Paciﬁc Development Group, LLC for the development of a 600-room hotel and related commercial uses on a 10.43-acre site located at the southeast corner of Guasti Road and Holt Boulevard, near the Ontario Convention Center. 2 .

Ordinance No. O3303, approving the Empire Groves Speciﬁc Plan, which established the land use entitlements necessary to implement the project.

Absent legal challenge, both Ordinances were scheduled to take effect on June 2, 2025.

1031
Referendum Petitions Filed
On May 30, 2025, Unite Here Local 11 timely ﬁled two referendum petitions challenging both Ordinances. Under California law, the ﬁling of a referendum petition automatically suspends the eﬀective date of the challenged Ordinances pending further action. As a result, implementation of the Development Agreement and Specific Plan was paused.

Following review by the City Clerk, in coordination with the San Bernardino County Registrar of Voters, both petitions were certiﬁed as legally suﬃcient and containing the required number of valid signatures. Upon certiﬁcation, the City Council was obligated to either repeal the Ordinances or submit them to the voters.

At the City Council meeting on July 15, 2025, the City Council reconsidered the Ordinances and declined to repeal them. Instead, the City Council adopted Resolution No. 2025-183, placing both measures on the ballot for a Special Municipal Election Scheduled for June 2, 2026.

Withdrawal of Referendum Measures
The item presently before the City Council concerns the previously scheduled June 2, 2026, Special Municipal Election related to the referendum measure challenging Ordinance Nos. O3302 and O3303.

On January 28, 2026, the City Clerk's Oﬃce received written correspondence from Richard Rios, attorney and designated representative for the referendum proponents, stating that Unite Here Local 11 wished to withdraw both referendum measures.

California Elections Code section 9237.2 expressly permits referendum proponents to withdraw a measure prior to the 88th day before the election. The withdrawal was submitted within the required statutory timeframe.

Although the written withdrawal is legally suﬃcient to cancel the scheduled election, it is recommended that the City Council adopt the two attached Resolutions formally canceling the election to ensure administrative clarity and maintain a complete public record. Upon adoption, the City Clerk will transmit the Resolutions to the County Registrar of Voters to halt further processing of the June 2, 2026, election.

With the withdrawal of both referendum petitions and no other timely legal challenges having been ﬁled therefore, Ordinance Nos. O3302 and O3303 will take eﬀect immediately upon the adoption of the cancelation Resolutions.

Context and Policy Considerations
It is important to recognize that Unite Here Local 11 has repeatedly targeted hotel development projects in Ontario through procedural mechanisms, including referenda and two separate initiatives. These initiatives are calling for a minimum wage increase for hotel workers and require voter-approved development agreements for major hotel developments and major event center projects. While these tools are lawful components of California's democratic process, their repeated use in this context has introduced delay and uncertainty into major development efforts.

1032
The practical eﬀect of these actions has been to create additional risk and unpredictability for projects intended to expand economic opportunity and enhance quality of life for Ontario residents. Ensuring stability and predictability in the City's development process remains essential to maintaining Ontario's competitiveness and long-term fiscal health.

1033
RESOLUTION NO. 2026-____

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

CALIFORNIA, WITHDRAWING A QUALIFIED REFERENDUM MEASURE
(PROTESTING THE DIVERSIFIED PACIFIC DEVELOPMENT

AGREEMENT) FROM AND CANCELLING THE SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 2, 2026.

WHEREAS, pursuant to authority provided by the California Government Code, on April 15, 2025, the Ontario City Council adopted Ordinance No. O3302, approving a development agreement between the City of Ontario and Diversified Pacific Development Group, LLC to develop a 600 -room hotel on a 10.43 -acre site located on the southeast corner of Guasti Road and Holt Boulevard near the City of Ontario Convention Center (the “Ordinance”); and

WHEREAS, pursuant to California Elections Code sections 15 and 9238(b)(2)(B)(vi), the Ordinance was scheduled to become effective on June 2, 2025, unless the proponents protestin g the Ordinance filed a signed referendum petition with the City Clerk’s office by that date to challenge the Ordinance; and

WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on May 30, 2025 the referendum propo nents timely filed with the City of Ontario, a signed petition protesting the Ordinance by referendum which, if the referendum qualified, would suspend the effective date of the Ordinance, require that the City Council reconsider the Ordinance and either r epeal it in its entirety or submit it to a vote of Ontario voters; and

WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, certified that the form of the referendum petition complied with California law and, based upon an examination of voter registration records, ascertained that the petition was signed by the requisite number of voters (10% of City registered voters) to qualify the Ordinance for the referendum ballot under the Elections Code, unless it was repealed by the City Council; and

WHEREAS, the City Council did not vote to repeal the Ordinance; and

WHEREAS, the City Council was therefore authorized and required by California Elections Code section 9241 to submit the proposed Ordinance to the voters at either its “next regular municipal election” or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election (the “Referendum Measure”); and

WHEREAS, on July 15, 2025, the City Council adopted Resolution No. 2025-129 to place the Referendum Measure on a Special Municipal Election to be held on and consolidated with the Statewide Primary election on Tuesday, June 2, 2026; and

WHEREAS, California Elections Code Section 9237.2 provides: “The proponent of a referendum may withdraw the referendum at any time before the 88th day before the 1034
election, whether or not the petition has already been found sufficient by the elections official.”; and

WHEREAS, on January 28, 2026, the Ontario Cit y Clerk’s Office received a n e- mail from Richard Rios, designated attorney and representative for ea ch of the referendum proponents , indicating that, the proponents now wish to withdraw the Referendum Measure from the ballot; and

WHEREAS, pursuant the referendum proponents exercising their rights under California Elections Code Sections 92 37.2, the City Council takes this action to formally withdraw the Referendum Measure from the June 2, 2026 Special Municipal Election ballot and to cancel all further election proceedings for the Referendum Measure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF ONTARIO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Withdrawal of Referendum Measure from June 2, 2026 Special Municipal Election. The City Council of the City, pursuant to its legal duty under California Elections Code Section 9237.2, hereby rescinds Resolution No. 2025-129 and orders the Referendum Measure to be withdrawn from the ballot for the Special Municipal Election to be held on Tuesday, June 2, 2026. The Referendum Measure shall not be printed in the ballot and no further election proceedings shall be undertaken with respect to the Referendum Measure, except as necessary to remove it from the ballot as set forth herein.

SECTION 3. Election Cancellation Procedures. The City Clerk is authorized, instructed, and directed to take all appropriate action, in coordination with the San Bernardino County Registrar of Voters , to remove the Referendum Measure from the June 2, 2026 Special Municipal Election as set forth herein.

SECTION 4. Ordinance to Become Effective Immediately . Since the Referendum Measure has been withdrawn by the proponents, the Ordinance is no longer suspended by law due to the Referendum, and no further legal protests or challenges to the Ordinance remain, the Ordinance shall become effective immediately upon adoption of this Resolution.

SECTION 5. Filing with County . The City Clerk shall file with the San Bernardino County Registrar of Voters a certified copy of this Resolution.

SECTION 6. CEQA. The City Council hereby finds and determines that withdrawal of the Referendum M easure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California 1035
Environmental Quality Act (“CEQ A”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 7. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.

SECTION 8. Effective Date of Resolution . This Resolution shall become effective upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 17th day of February 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1036

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held February 17, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1037
RESOLUTION NO. 2026-___

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

CALIFORNIA, WITHDRAWING A QUALIFIED REFERENDUM MEASURE
(PROTESTING THE EMPIRE GROVES SPECIFIC PLAN ) FROM AND

CANCELLING THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 2, 2026.

WHEREAS, pursuant to authority provided by the California Government Code, on April 15, 2025, the Ontario City Council adopted Ordinance No. O3303, approving the Empire Groves Specific Plan to develop a 600-room hotel and other commercial uses on a 10.43-acre site located on the southeast corner of Guasti Road and Holt Boulevard near the City of Ontario Convention Center (the “Ordinance”); and

WHEREAS, pursuant to California Elections Code sections 15 and 9238(b)(2)(B)(vi), the Ordinance was scheduled to become effective on June 2, 2025, unless the proponents protesting the Ordinance filed a signed referendum petition with the City Clerk’s office by that date to challenge the Ordinance; and

WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on May 30, 2025 the referendum proponents timely filed with the City of Ontario, a signed petition protesting the Ordinance by referen dum which, if the referendum qualified, would suspend the effective date of the Ordinance, require that the City Council reconsider the Ordinance and either repeal it in its entirety or submit it to a vote of Ontario voters; and

WHEREAS, the City Clerk, t hrough the San Bernardino County Registrar of Voters, certified that the form of the referendum petition complied with California law and, based upon an examination of voter registration records, ascertained that the petition was signed by the requisite nu mber of voters (10% of City registered voters) to qualify the Ordinance for the referendum ballot under the Elections Code, unless it was repealed by the City Council; and

WHEREAS, the City Council did not vote to repeal the Ordinance; and

WHEREAS, on July 15, 2025, the City Council adopted Resolution No. 2025-130 to place the Referendum Measure on a Special Municipal Election to be held on and consolidated with the Statewide Primary election on Tuesday, June 2, 2026; and

1038
WHEREAS, California Elections Code Section 9237.2 provides: “The proponent of a referendum may withdraw the referendum at any time before the 88th day befor e the election, whether or not the petition has already been found sufficient by the elections official.”; and

WHEREAS, on January 28, 2026, the Ontario Cit y Clerk’s Office received a n e- mail from Richard Rios, designated attorney and representative for each of the referendum proponents , indicating that, the proponents now wish to withdraw the Referendum Measure from the ballot; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. Withdrawal of Referendum Measure from June 2, 2026 Special Municipal Election. The City Council of the City, pursuant to its legal duty under California Elections Code Section 9237.2, hereby rescinds Resolution No. 2025-130and orders the Referendum Measure to be withdrawn from the ballot for the Special Municipal Election to be held on Tuesday, June 2, 2026. The Referendum Measure shall not be printed in the ballot and no further election pr oceedings shall be undertaken with respect to the Referendum Measure, except as necessary to remove it from the ballot as set forth herein.

SECTION 5. Filing with County . The City Clerk shall file with the San Bernardino County Registrar of Voters a certified copy of this Resolution.

SECTION 6. CEQA. The City Council hereby finds and determines that withdrawal of the Referendum M easure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the 1039
environment, and therefore is not a project within the meaning of the California Environmental Quali ty Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 8. Effective Date of Resolution . This Resolution shall become effective upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this ___ day of ______ 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

____________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY

1040

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. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held _______________ 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. 2026 - duly passed and adopted by the Ontario City Council at their regular meeting held February 17, 2026.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

1041

Ontario City CouncilFebruary 17, 2026

Ontario City Council
February 17, 2026