Agenda packet — Ontario City Council, December 20, 2022 (part 2 of 3)

Source: San Bernardino County, Auditor-Controller-Recorder letter received in November of the previous calendar year and General Fund Revenue Statement as of June 30th. a Data provided by the San Bernardino County Assessor's Office for collection of prior year taxes does not segregate the information by fiscal year. Therefore, the City is not able to provide this information in the above schedule. 232
318
City of Ontario
Taxable Sales by Category
Last Ten Calendar Years
(in thousands of dollars)
Adjusted for Economic Data
Schedule 9
2013 2014 2015 2016 2017 2018 2019 2020 2021*
Apparel Stores 446,381$ 478,292 $ 506,104 $ 562,564 $ 602,679 $ 626,122 $ 635,194 $ 390,225 $ 622,351 $ General Merchandise 191,762 208,902 214,164 221,327 220,619 235,038 224,960 221,697 277,662 Food Stores 58,711 57,522 59,020 59,541 60,947 62,372 62,246 70,451 74,885 Eating and Drinking Places 312,764 337,848 364,330 387,981 414,198 445,640 469,215 366,872 486,401 Building Materials 372,428 431,208 439,564 433,389 472,341 500,052 507,223 514,306 555,770 Auto Dealers and Supplies 1,227,602 1,349,392 1,494,056 1,648,651 1,644,720 1,673,935 1,728,715 1,735,639 2,303,599 Service Stations 612,272 630,762 512,482 476,927 533,997 646,417 633,924 417,895 651,993 Other Retail Stores 613,435 637,249 680,245 707,379 665,723 516,980 530,573 459,994 619,767 All Other Outlets 3,037,860 3,244,032 3,702,310 4,400,503 4,046,167 4,289,385 4,565,898 5,045,549 5,532,404 Total 6,873,215$ 7,375,207 $ 7,972,275 $ 8,898,262 $ 8,661,391 $ 8,995,941 $ 9,357,948 $ 9,222,628 $ 11,124,832 $ *Information for 2022 was not yet available. As such, the above schedule presents information for the most recent available pas t 10 years.

Sources: State Board of Equalization California Department of Taxes and Fees Administration State Controller's Office, The HdL Companies Note: Due to confidentiality issues the names of the ten largest revenue payers are not available. The categories presented are intended to provide alternative information regarding the sources of the City's revenue. 233
319
City of Ontario
Direct and Overlapping Sales Tax Rates
Last Ten Fiscal Years
Schedule 10
City County San Bernardino
Ended Direct Transportation County State
June 30 Rate Authority Rate Rate Rate
2013 - 0.50% 1.00% 6.50%
2014 - 0.50% 1.00% 6.50%
2015 - 0.50% 1.00% 6.50%
2016 - 0.50% 1.25% 6.25%
2017 - 0.50% 1.25% 6.00%
2018 - 0.50% 1.25% 6.00%
2019 - 0.50% 1.25% 6.00%
2020 - 0.50% 1.25% 6.00%
2021 - 0.50% 1.25% 6.00%
2022 - 0.50% 1.25% 6.00%
Source: California Department of Tax and Fee Administration.

Note: The Bradley-Burns Uniform Local Sales and Use Tax Law was enacted in 1955.

The law authorized counties to impose sales and use tax. Effective January 1, 1962, all counties within the State of California have adopted ordinances for the Board of Equalization to collect the local tax. Local tax rate for the San Bernardino County has been 1.25% since January 1, 2017.

The City of Ontario does not impose direct sales and use tax. 234
320
City of Ontario
Sales Tax Revenue Payers by Industry
Dollars In Thousands
Schedule 11
Fiscal Year 2022 Fiscal Year 2013
Number of Percentage of Tax Percentage of Number of Percentage of Tax Percentage of Economic Category Filers Total Liability Total Economic Category Filers Total Liability Total Autos & transportation 599 7.04% 25,172 $ 22.81% General retail 2,110 43% 9,857 $ 16.67% Building & construction 319 3.75% 8,745 7.92% Food products 647 13.11% 4,361 7.38% Business & industry 2,870 33.73% 47,271 42.83% Transportation 532 10.78% 16,792 28.40% Food & drugs 154 1.81% 1,271 1.15% Construction 228 4.62% 4,600 7.78% Fuel & service stations 101 1.19% 10,094 9.15% Business to business 1,060 21.48% 20,158 34.09% General consumer goods 3,858 45.33% 11,878 10.76% Miscellaneous 357 7.24% 3,362 5.69% Restaurants & hotels 609 7.16% 5,937 5.38% 4,934 100.00% 59,129 $ 100.00%
8,510 100.00% 110,368 $ 100.00%
Source: The HdL Companies 2022, MuniServices, LLC 2013 Note: Due to confidentiality issues, the names of the ten largest sales tax remitters are not available. The categories presen ted above are intended to provide alternative information regarding the sources of the City's revenue. 235
321
The City of Ontario
Ratios of Outstanding Debt by Type
(Dollars In Thousands, Except Per Capita)
Schedule 12
Governmental Activities Business-type Activities
Fiscal Year General Tax Total Total Total Percentage
Ended Obligation Allocation Revenue Capital Governmental Term Certificates of Business-type Primary of Personal Per June 30 Bonds Bonds Bonds Loans Leases Activities Loan Participation Activities Government Income b Capita 2013 40,417$ - $ - $ - $ - $ 40,417$ - $ 44,425$ 44,425 $ 84,842 $ 3.66% 508 $ 2014 72,067 - - - - 72,067 - 74,808 74,808 146,875 4.82% 877 2015 70,647 - - - - 70,647 - 73,488 73,488 144,136 4.65% 852 2016 69,158 - - - - 69,158 - 72,119 72,119 141,277 4.38% 832 2017 67,593 - - 149 - 67,742 - 70,700 70,700 138,442 4.38% 794 2018 63,153 - - 137 - 63,290 - 69,225 69,225 132,515 3.85% 754 2019 62,881 - - 127 - 63,008 - 67,696 67,696 130,704 3.76% 722 2020 298,558 c - - 23,907 - 322,466 - 67,596 67,596 390,062 10.19% 2,108 2021 293,943 - - 52,754 - 346,697 - 66,012 66,012 412,708 10.03% 2,231 2022 393,158 d - - 64,841 e - 457,999 - 67,550 b 67,550 525,549 11.51% 2,953 Source: Notes to the Financial Statements, Long Term Debt section. b The City issued revenue bonds in the amount of $67.550 million to refund all of the outstanding Ontario Public Financing Aut hority 2013 Water Revenue Bonds. c City issued $236.585 million in Pension Obligation Bonds to pay a portion of the City’s unfunded pension liability to the C alifornia Public Employees’ Retirement System (CalPERS) for the benefit of the City public safety police and fire employees.
d The Ontraio Public Financing Authority issued lease revenue bonds in the amount of $35.045 million to provide funds to full y refund the 2013 Lease Revenue Bonds and issued lease revenue bonds in the amount of $90.830 mi llion to finance the acquisition and construction of capital projects. e The Ontario Housing Authority (Authority) negotiated the purchase of a property and assumed a promissory note and deed from Housing Opportunities Group Inc (HOGI) with a $158,566; the city entered into a loan agreement with CBB to provide funding of financing fiber optic broadband network in the amount of $18, 250,000, entered into an installment sale agreement to purchase a parcel of land for the future Great Park in the Ontario Ranch dev elopment for $33.100 million, with a five year loan of $23.780 million, entered into a loan agreement with BAPCC, and affiliate of Bank of America, to providing funding for the installation of e nergy efficiancy upgrades to various city facilities, it is a 20 year loan in the amount of $30,546,000, and entered into a loan agreement with the California Energy Commission to provide funding for the installation of LED lights, it is a 10 year loan in the amount of $2,898,000. a See Schedule 17 for personal and population data. These ratios are calculated using personal income and population for the prior calendar year. 236
322
City of Ontario
Ratio of General Bonded Debt Outstanding
Last Ten Fiscal Years
(dollars in thousands, except per capita)
Schedule 13
c
General Bonded Debt Outstanding Percentage of
Fiscal Year General Redevelopment Bonds Assessed
Ended Obligation Tax Allocation Revenue Value a of Per
June 30 Bonds Bonds Bonds Total Property Capita b
2013 40,417$ - $ - $ 40,417$ 0.24% 242.21 $ 2014 72,067 - - 72,067 0.41% 430.55 2015 70,647 - - 70,647 0.40% 417.81 2016 69,158 - - 69,158 0.38% 407.13 2017 67,593 - - 67,593 0.31% 387.83 2018 63,153 - - 63,153 0.27% 359.15 2019 62,881 - - 62,881 0.25% 347.20 2020 239,573 - - 239,573 0.87% 1,294.92 2021 293,943 - - 293,943 0.99% 1,588.80 2022 393,158 - - 393,158 1.22% 2,209.21 Note: General bonded debt is debt payable with governmental fund resources and general obligation bonds recorded in the enterprise funds (of which the City has none). Details regarding the City's outstanding debt can be found in the notes to the financial statements. a Assessed value has been used because the actual value of taxable property is not readily available.

See Schedule 5 for assessed property value data.
b See Schedule 17 for population data.
c City issued $236.585 million in Pension Obligation Bonds to pay a portion of the City’s unfunded pension liability to the California Public Employees’ Retirement System (CalPERS) for the benefit of the City's public safety police and fire employees.
d The Ontraio Public Financing Authority issued lease revenue bonds in the amount of $90.830 million to finance the acquisition and construction of capital projects. 237
323
Schedule 14 Direct and Overlapping Governmental Activities Debt City Assessed Valuation 32,317,419,137 *Does not include deduction of the homeowner's Redevelopment Agency Incremental Valuation 7,504,967,166 exception of $111,223 Total Assessed Valuation 39,822,386,303 $ *
Est. Share of
Outstanding Overlapping
Debt Percentage Debt
6/30/2022 Applicable a
6/30/2022
Overlapping Debt Repaid with Property Taxes:

Metropolitan Water District 20,175,000 $ 0.953% 192,268 $ Chaffey Community College District 302,930,000 23.839% 72,215,483 Note: Overlapping governments are those that Chino Valley Unified School District 682,369,867 6.624% 45,200,180 coincide, at least in part, with the geographic Chaffey Union High School District 513,636,737 42.192% 216,713,612 boundaries of the City. This schedule Ontario-Montclair School District 105,895,015 69.532% 73,630,922 estimates the portion of the outstanding debt Mountain View School District School Facilities Improvement District No. 1 8,494,676 99.466% 8,449,314 of those overlapping governments that i s Mountain View School District School Facilities Improvement District No. 2 18,985,000 98.655% 18,729,652 borne by the residents and businesses of the Mountain View School District CFD No. 1997-1 434,000 100.000% 434,000 City. This process recognizes that, when Ontario Community Facilities District No. 13 3,205,000 100.000% 3,205,000 considering the City's ability to issue and Ontario Community Facilities District No. 24 14,600,000 100.000% 14,600,000 repay long-term debt, the entire debt burden Ontario Community Facilities District No. 25 8,220,000 100.000% 8,220,000 borne by the residents and businesses should Ontario Community Facilities District No. 26 8,520,000 100.000% 8,520,000 be taken into account. However, this does not Ontario Community Facilities District No. 28 8,320,000 100.000% 8,320,000 imply that every taxpayer is a resident, and, Ontario Community Facilities District No. 30 13,185,000 100.000% 13,185,000 therefore, responsible for repaying the debt of Ontario Community Facilities District No. 31 4,680,000 100.000% 4,680,000 each overlapping government.

Ontario Community Facilities District No. 33 5,890,000 100.000% 5,890,000 Ontario Community Facilities District No. 34 7,455,000 100.000% 7,455,000 Ontario Community Facilities District No. 38 10,090,000 100.000% 10,090,000 Ontario Community Facilities District No. 39 4,915,000 100.000% 4,915,000 Ontario Community Facilities District No. 40 6,245,000 100.000% 6,245,000 Ontario Community Facilities District No. 41 13,845,000 100.000% 13,845,000 Ontario Community Facilities District No. 42 7,085,000 100.000% 7,085,000 Ontario Community Facilities District No. 43 15,595,000 100.000% 15,595,000 Ontario Community Facilities District No. 45 8,860,000 100.000% 8,860,000 Ontario Community Facilities District No. 46 7,130,000 100.000% 7,130,000 Ontario Community Facilities District No. 53 21,455,000 100.000% 21,455,000 Ontario Community Facilities District No. 54 6,135,000 100.000% 6,135,000 Total overlapping debt repaid with property taxes 1,828,350,295 610,995,431 Overlapping General Fund Debt:

San Bernardino County General Fund Obligations 188,035,000 12.139% 22,825,569 (a) For debt repaid with property taxes, the
San Bernardino County Pension Obligation Bonds 119,835,000 12.139% 14,546,771 percentage of overlapping debt applicable is San Bernardino County Flood Control District GF Obligation 44,780,000 12.139% 5,435,844 estimated using taxable assessed property Chaffey Community College District Certificates of Participation 27,675,000 23.839% 6,597,443 values. Applicable percentages were Cucamonga School District Certificate of Participation 3,426,000 52.684% 1,804,954 another governmental unit's taxable assessed City of Ontario General Fund Obligations 150,895,000 100.000% 150,895,000 value that is within the City's boundaries and City of Ontario Pension Obligation Bonds 228,855,000 100.000% 228,855,000 dividing it by each unit's total taxable City of Ontario General Fund Obligations-Unamortized assessed value.

Bond Premium and Discount 13,408,167 13,408,167 Loans Payable 64,840,743 64,840,743
West Valley Vector Control District Certificate of Participation 1,866,938 32.945% 615,063 Total overlapping general fund debt 843,616,848 509,824,553 Overlapping Tax Increment Debt (Successor Agency): 23,872,900 $ 100.00% 23,872,900 Total overlapping debt 686,693,974
City direct debt 457,998,910
Total direct and overlapping debt 1,144,692,884$
Source: California Municipal Statistics, Inc.

City direct debt can be obtained from Schedule 12
City bond premium and discount can be obtained from
Note 8 in notes to Basic Financial Statements.

City Loans Payable can be obtained from
Note 8 in notes to financial statements.
238 324
City of Ontario
Legal Debt Margin Information
Last Ten Fiscal Years
(dollars in thousands)
Schedule 15
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Assessed valuation a 13,741,177$ 14,114,165 $ 14,857,991 $ 15,629,797 $ 16,216,435 $ 17,359,734 $ 19,281,903 $ 20,981,823 $ 22,565,661 $ 24,812,452 $ Conversion percentage b 25% 25% 25% 25% 25% 25% 25% 25% 25% 25% Adjusted assessed valuation 3,435,294$ 3,528,541 $ 3,714,498 $ 3,907,449 $ 4,054,109 $ 4,339,934 $ 4,820,476 $ 5,245,456 $ 5,641,415 $ 6,203,113 $ Debt limit percentage c 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% Debt limit 515,294 $ 529,281 $ 557,175 $ 586,117 $ 608,116 $ 650,990 $ 723,071 $ 786,818 $ 846,212 $ 930,467 $ Total net debt applicable to limit:

General obligation bonds 39,995 72,035 70,625 69,145 67,590 60,200 60,035 295,570 291,080 379,750 Legal debt margin 475,299 $ 457,246 $ 486,550 $ 516,972 $ 540,526 $ 590,790 $ 663,036 $ 491,248 $ 555,132 $ 550,717 $ Total debt applicable to the limit
as a percentage of debt limit 7.76% 13.61% 12.68% 11.80% 11.11% 9.25% 8.30% 37.57% 34.40% 40.81% Source: City of Ontario, Administrative Services Agency a Assessed valuation includes the City portion only.
b The California Code Section 43605 provides for a legal debt margin limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computation shown above reflects a conversion of assessed valuation data for each fiscal year from the current full valuation perspective to the 25% level that was in effect at the time that legal margin debt was enacted by the State of California for local governments within the State. c The legal debt limit of 15% is established by the State of California Code Section 43605.

Fiscal Year
239
325
Schedule 16
Fiscal Year Pledged-Revenue Coverage Less Net
Ended (Dollars In Thousands) Operating Available Debt Service June 30 Revenue Expenses Revenue Principal Interest Coverage 2013 57,433$ 26,692 $ 30,741 $ 1,145 $ 2,266 $ 9.01 2014 60,108 33,427 26,681 2,025 3,576 3.98 2015 60,176 39,894 20,282 1,220 3,576 3.98 2016 55,649 39,639 16,010 1,270 3,527 3.34 2017 59,459 36,604 22,855 1,320 3,476 4.77 2018 61,126 42,748 18,377 1,375 3,423 3.83 2019 59,888 40,578 19,310 1,430 3,368 4.02 2020 55,828 50,003 5,824 1,485 3,311 1.21 2021 63,669 52,588 11,081 1,485 3,282 2.32 2022 72,949 46,774 26,176 1,545 3,213 5.50 Note: Details regarding the City's outstanding debt can be found in the notes to the financial statements. Operating expenses do not include interest, depreciation, or amortization expenses.

City of Ontario
Pledged Revenue
Coverage
(Dollars in thousands)
240
326
City of Ontario
Demographic and Economic Statistics
Last Ten Calendar Years
Schedule 17
Personal Income Per Capita Unemployment
Calendar Population (in thousands) Personal Rate
Year (1) (2) Income (2) (3)
2013 166,866$ 3,047,233 $ 18,522 $ 10.7% 2014 167,382 3,100,249 18,774 8.2% 2015 169,089 3,224,189 19,068 5.8% 2016 169,869 3,159,733 18,601 6.5% 2017 174,283 3,444,006 19,761 5.5% 2018 175,841 3,474,794 19,761 3.4% 2019 181,107 3,826,610 21,129 3.0% 2020 185,010 4,114,067 22,237 8.3% 2021 185,010 4,566,417 24,682 5.6% 2022 177,963 4,392,483 24,682 6.8% Source: (1) - Ontario (City) QuickFacts from the US Census Bureau (2) - Ontario (City) QuickFacts from the US Census Bureau (3) - California Labor Market Info, EDD.
241 327
City of Ontario
Principal Employers
Principal Employment Sectors Current Year and Nine Years Ago Schedule 18
2021 2012
Percentage of Percentage of
Number of Total City Number of Total City
Employer Employees (a) Employment Employees Employment
United Parcel Service 5,000 - 9,999
Workforce Personnel, Inc 5,000 - 9,999
Ontario Montclair Elementary School 1,000 - 4,999
Chaffey Union High School 1,000 - 4,999
FedEx 500 - 999
Qvc, Inc 500 - 999
AutoZone 500 - 999
The Home Depot 500 - 999
Cardenas Market LLC 500 - 999
Uline Inc 250 - 499
Cardinal Health 250 to 499
(a) Left (a) Left (a) Left
Wal-Mart Associates, Inc 250 to 499 intentionally intentionally intentionally Ventura Foods, LLC 250 to 499 blank blank blank
Gold Star Foods, Inc 250 to 499
Toyota Motor Sales USA, Inc 250 to 499
Staples Contract Commercial 250 to 499
Starbucks 250 to 499
Mag Instrument 250 to 499
Citizens Business Bank 250 to 499
Carmax Auto 250 to 499
Total -- - 0.00%
*Information for 2022 was not yet available. As such, the above schedule presents information for the most recent available yea r and 9 years prior. employees are available.

Source: EDD
City of Ontario Business License Dept
Notes:
(a) Per EDD, employment numbers are confidential therefore, only the data for the range of numbers of 242
328
City of Ontario
Principal Employers
Principal Employment Sectors Current Year and Nine Years Ago Schedule 18Continued
2021 2012
Percentage of Percentage of
Number of Total City Number of Total City
Employment Sector Employees (a) Employment Employees Employment Distribution 25,057 21.02% 23,194 25.69% Retail/Wholesale Trade 25,137 21.08% 14,768 16.36% Manufacturing 10,417 8.74% 11,970 13.26% Administrative Support 16,420 13.77% 10,575 11.71% Construction 5,456 4.58% 2,984 3.31% Education 4,839 4.06% 4,993 5.53% Other Services 2,569 2.15% 4,156 4.60% Business Services 3,913 3.28% 3,534 3.91% Management of Companies and Enterprises 1,555 1.30% 2,468 2.73% Financial Institution/Insurance/Real Estate 4,594 3.85% 3,066 3.40% Hotels and Entertainment 6,456 5.41% 2,604 2.88% Information 1,583 1.33% 1,074 1.19% Health Services 10,110 8.48% 2,375 2.63% Utilities 151 0.13% 781 0.87% Public Administration 973 0.82% 1,202 1.33% Aerospace (in the engineering figures) - 0.00% 533 0.60% Total 119,230 100.00% 90,277 100.00%
*Information for 2022 was not yet available. As such, the above schedule presents information for the most recent available yea r and 9 years prior.

Source: Number of employees by sector estimates - California EDD (a) most current number of employees as of 2016
243
329
City of Ontario
FullTime City Government Employees by Function
Last Ten Fiscal Years
Schedule 19
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
General Government 103 148 137 147 122 126 144 149 138 141 Public Safety 492 495 499 506 596 600 624 640 640 603
Community Development 118 145 157 156 183 131 133 195 127 110 Public Works 331 285 289 289 296 355 376 329 417 406
Total 1,044 1,073 1,082 1,098 1,197 1,212 1,277 1,313 1,322 1,260 Source: City of Ontario, FY 2021-22 Adopted Budget, p.63, Current 2021-22 Full-Time Positions Note: A full-time employee is scheduled to work 2,080 hours per year (including vacation and sick leave).

Fiscal Year
244
330
City of Ontario
Operating Indicators by Function/Program
Last Ten Fiscal Years
Schedule 20
Function/Program 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General government
Building permits issued 3,550 3,724 3,987 4,353 4,231 5,130 4,652 4,568 5,827 7,499 Police
Physical arrests 8,959 8,546 8,280 8,916 10,433 10,024 7,955 6,415 5,142 4,258 Citations 13,161 9,377 8,469 7,957 6,733 7,058 9,415 5,340 4,078 4,989 Fire
Emergency response 15,783 16,736 16,794 18,326 19,418 20,223 20,258 20,623 22,211 22,634 Fire inspections 4,227 4,168 4,65 0 6,986 3,269 2,84 3 2,938 3,20 0 7,146 Public works
Street resurfacing (miles) 16.10 18.50 15.20 11.26 8.97 11.00 13.50 8.00 5.4 3.6 Parks and recreation
Number of recreation classes 1,402 1,299 1,265 1,233 1,202 1,106 1,125 806 202 199 Number of facility rentals 4,337 6,118 6,259 5,761 6,754 6,468 5,472 3,181 3,771 2,636 Library
Total volumes of books borrowed 387,092 393,308 390,740 466,189 433,527 407,395 419,646 312,583 147,781 278,069 Total volumes of audio/visual items borrowed 129,435 133,041 121,908 127,989 120,066 100,901 100,333 65,548 21,577 16,630 Water
Number of recycled water connections 221 220 244 290 333 339 417 426 442 497 Number of potable connections 33,304 33,134 33,504 34,000 34,468 35,308 36,831 30,912 37,631 41,567 Average daily potable consumption (MGD) 32 34 29 30 26 30 27 26 28 26.94 Solid waste
Refuse collected (tons per day) 545 564 592 598 655 683 678 739 799 793 Recyclables collected (tons per day) 49 49 48 50 54 55 61 75 98 97 Recyclables recovered (tons per day) 33 38 38 39 37 40 41 49 59 58 Organic-Food Waste Collection Avg Tons/Day 2
Green Waste Collection Avg Tons/Day 93
Source: City of Ontario, various departments
Fiscal Year
245
331
City of Ontario
Capital Asset Statistics by Function/Program
Last Ten Fiscal Years
Schedule 21
Function/Program 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Police
P o l i c e s t a t i o n s 2222222222
Fire
F i r e s t a t i o n s 88888999 1 0 1 0
Public works
Streets (miles) a 552 552 543 503 503 486 508 499 510 530 Traffic signals 191 191 191 191 207 207 209 217 228 237 a Number of street miles were adjusted to reflect only the mileage in the City of Ontario ~ not the surrounding cities.

Source: City of Ontario, various departments
Fiscal Year
246
332
333
MAYOR
PAUL S. LEON

MAYOR PRO TEM
ALAN D. WAPNER

COUNCIL MEMBERS
JIM W. BOWMAN

DEBRA DORST-PORADA

RUBEN VALENCIA

CITY TREASURER
JAMES R. MILHISER

CITY CLERK

SHEILA MAUTZ

CITY MANAGER

SCOTT OCHOA

EXECUTIVE DIRECTOR OF FINANCE

ARMEN HARKALYAN
334
Department: Management Services
Prepared By: Brandi Belmontes
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

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

DESIGNATION OF VOTING DELEGATE FOR THE WEST VALLEY MOSQUITO AND

VECTOR CONTROL DISTRICT

CITY OF ONTARIO
Agenda Report
December 20, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council appoint Mayor Paul Leon as the City Delegate Representative for the West Valley Mosquito and Vector Control District Board of Trustees for the 2023-2024 term.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct ﬁscal impact by taking this action. However, representation and participation in West Valley Mosquito and Vector Control District will help guide policy on matters that may have an impact on the City.

BACKGROUND & ANALYSIS:

The West Valley Mosquito and Vector Control District was founded on December 5, 1983, by the San Bernardino County Board of Supervisors to address mosquito abatement issues. This District is responsible for habitat modiﬁcation for vector reduction, inspection of swimming pools, pre-construction vector surveys, inspection for mosquitos, honeybee hive removal in vegetation and non-structural areas, and inspection for rodents.

Each City has an appointed person serving on the Board of Trustees while the County has an at- large representative.

T
he deadline to submit the 2023-2024 City of Ontario representative is January 2, 2023. 335
Department: Records Management
Prepared By: Claudia Y Isbell
Staff Member Presenting:

Ruben Duran, City Attorney
Approved By:

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

ADOPTION OF AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT-BASED

ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT

CITY OF ONTARIO
Agenda Report
December 20, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance adding

a new article 3 to title 2 of
volume 1 of the Ontario Municipal Code to change the city’s electoral system from at-large to by- district elections.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

There is not a direct fiscal impact associated with this Public Hearing.

BACKGROUND & ANALYSIS:

On April 19, 2022, the City Council conducted the ﬁrst of ﬁve public hearings to receive community input regarding communities of interest. The second public hearing took place on May 10, 2022, at which time Staﬀ introduced and provided a demonstration of the mapping tool that was subsequently released to the public. At that public hearing, the City Council also received input regarding communities of interest. Ten initial draft maps were made available on the City's district website on June 13, 2022, for public review. Six additional draft maps were posted on the City's district website on June 30, 2022. On June 21, 2022, the City conducted the third Public Hearing where the City demographer presented and the City Council received input from the community. On July 5, 2022, the City conducted its fourth public hearing in the districting process. The City Attorney's Oﬃce evaluated publicly submitted comments and maps for compliance with the California Voting Rights Act and Federal Voting Rights Act, and initial draft maps were presented to Council for consideration at the fourth public hearing. On July 19, 2022, the City conducted the ﬁfth public hearing. At the ﬁfth public hearing, the City Council provide direction to Staff and the City's demographers to advance certain maps for further consideration (Map 4, Map 6, and Map 10) and to conduct additional public outreach and community engagement regarding proposed maps. To that end, the City continued to encourage public comments on the transition to districts process and the proposed district maps. In an eﬀort to engage Ontario residents in the districting process, ﬁve community workshops were initially held in various areas of the City to provide background and speciﬁc directions on creating maps. These workshops were held in 336
English and Spanish. There were four additional community workshops to speciﬁcally go over the mapping tool. The four additional community workshops were also held in English and Spanish. In addition, Staﬀ distributed paper map kits at the Ontario Senior Center and during the City's Concerts in the Park events. Following the ﬁfth public hearing on July 19th, the City held seven additional community engagement meetings, three virtually (including one in Spanish), two at community centers, and two in conjunction with the Route 66 Cruisin' Reunion event. During the additional community outreach, a seventeenth map was submitted by Mr. Chris Robles, plaintiﬀ in the California Voting Rights Act lawsuit against the City. Mr. Robles worked collaboratively with the Center for Community Action and Environmental Justice and the Black and Brown Alliance in creating a seventeenth map, "Map 17". The City's demographic consultant examined each of the seventeen maps and determined that the districts drawn in the draft maps are within the population deviation of 10% or less, are contiguous, and compact, albeit to varying degrees. Map 17, submitted on September 6, 2022, is very compact, with contiguous districts, and respects the communities of interests identiﬁed through the public hearing process. Additionally, Map 17 respects the geographic integrity of the City's historical district in the northwest quadrant of the City and the Ontario Ranch area in the southern portion of the City. In fact, Map 17 is extremely similar to maps the City Council advanced for further consideration at the July 19th public hearing and in particular, Map 6, which was submitted by the City's demographic consultant. As such, in an eﬀort to promote a collaborative design approach with various community stakeholders, Map 17 emerges as not only a legally compliant map option, but one that represents the community's interests and desires.

On November 1, 2022, the City Council took action to introduce an Ordinance approving Map 17.

Subsequently, on November 15, 2022, the City Council directed staﬀ to amend the proposed sequencing of Map 17 in order to address community input. More speciﬁcally, the City Council requested Districts 1 and 4 transition to by-district elections in 2024, and Districts 2 and 3 transition to by-district elections in 2026.

On December 6, 2022, the City Council took action to reintroduce an Ordinance approving Map 17 with the revised proposed sequencing requested during the prior City Council meeting. Staﬀ recommends the City Council adopt the Ordinance as presented. 337

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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY’S

ELECTORAL SYSTEM FROM AT-LARGE TO BY-DISTRICT ELECTIONS

WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS AND

MAINTAINING AN ELECTIVE MAYOR, ESTABLISHING DISTRICT

BOUNDARIES, SCHEDULING ELECTIONS WITHIN THE DISTRICTS,

AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Ontario, California (“City”) is a general law city, duly organized under the constitution and laws of the State of California; and WHEREAS, the City and its legislative body, the City Council, supports the full participation of all eligible and registered voters in electing Members of the City Council; and WHEREAS, four of the members of the Ontario City Council are currently elected in at-large elections, in which each City Councilmember is elected by all registered voters of the entire City, with the Mayor being separately elected by all registered voters of the entire City, pursuant to California Government Code sections 34871 and 34900 et seq.; and WHEREAS, on September 28, 2016, Governor Edmund G. Brown, Jr. signed Assembly Bill 2220 (“AB 2220”), which became effective January 1, 2017, and amended California Government Code section 34886 to authorize the City Council of any city, regardless of population size, to adopt an ordinance change to a by-district system of electing City Councilmembers, including with an elective mayor, without the need to submit such an ordinance to voters for approval; and
WHEREAS, on September 28, 2016, Governor Edmund G. Brown, Jr. also signed Assembly Bill 350 (“AB 350”), which became effective January 1, 2017, which requires a City that changes to district-based elections to hold public hearings before and after drawing a preliminary map or maps of the proposed district boundaries, and to publish and make available for release at least one draft map and the potential sequencing of elections; and
WHEREAS, on or about March 5, 2020, the City received a complaint asserting that the City’s current at-large electoral system violates the California Voting Rights Act of 2001 (“CVRA”); and
WHEREAS, the complaint does not contain sufficient evidence of a violation of the CVRA, but the cost of defending against a lawsuit under the CVRA is extremely high, even if the City is successful, and such an expensive defense would severely burden the City’s budget and curtail the City’s ability to provide needed services to its residents; and 338
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WHEREAS, on or about June 2, 2021, in order to avoid spending additional taxpayer dollars in the defense of a potentially extremely expensive lawsuit, the City Council determined that it is in the best interest of the City to enter into a settlement agreement and move from its current at-large electoral system to a by-district election for members of the City Council, with an elective mayor pursuant to California Government Code section 34886 and in furtherance of the purposes of CVRA, and to that end, the City Council has undertaken an extensive public outreach effort, including multiple workshops and public hearings, at which time the public was invited to participate and provide input as to the proposed boundaries, content and composition of the districts and the potential sequencing of elections; and
WHEREAS, under the provisions of California Election Code section 10010, a City that changes from an at-large method of election to a district-based election must do all of the following before a public hearing at which the City Council votes to approve or defeat an ordinance establishing district-based elections:
 Before drawing a draft map or maps of the proposed boundaries of the districts, the City must hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts.  After all draft maps are drawn, the City must publish and make available for release at least one draft map and the potential sequence of the elections.  The City must hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections. The first version of a draft map must be published at least seven days before consideration at a hearing; and WHEREAS, on February 27, 2020, the City Council adopted a Resolution of Intention, outlining the City Council’s intention to transition from at-large to district-based elections, specific steps the City Council will undertake to facilitate this transition, and an estimated time frame for doing so; and
WHEREAS, on April 5, 2022 and May 10, 2022, the City Council conducted two (2) public hearings for the purpose of soliciting public input and comments on the composition of the proposed election districts; and
WHEREAS, the City Council also conducted public workshops on April 4, 6, 11, 12, and 13, 2022, at which time the City provided information on the districting process and informed the public on ways to become involved; and WHEREAS, on May 14, 2022 and June 4, 2022, the City conducted four (4) additional public workshops, to instruct the public in the use of the online and paper mapping tools; and
WHEREAS, ten (10) draft election district maps were placed on the City’s public webpage for public review on June 14, 2022; and
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WHEREAS, six (6) additional draft election district maps were placed on the City’s public webpage for public review on June 28, 2022; and
WHEREAS, on September 8, 10, 16, 17, 24, 2022 and October 8, 12, 22, 2022 the City conducted additional outreach in the form of community engagement meetings both in person and virtually; and
WHEREAS, as a result of the additional public meetings and community engagement, one (1) additional draft election district map was submitted by the plaintiff in the aforementioned California Voting Rights Act action to transition to by-district elections, labeled Map 17 and drafted in collaboration with the Black and Brown Alliance and the Center for Community Action and Environmental Justice; and WHEREAS, Map 17 is population balanced, draws compact, contiguous districts, respects the communities of interest identified by various speakers during the public hearing process, and recognizes the geographic integrity of the historic district in the northwest quadrant of the City and the Ontario Ranch area located in the southern portion of the City; and
WHEREAS, Map 17 was placed on the City’s public webpage for public review on October 24, 2022; and
WHEREAS, on June 21, July 5, July 19, 2022, November 1, 2022, and December 6, 2022, the City Council conducted five (5) additional public hearings, at which time all interested persons were afforded an opportunity to provide input regarding the content of the draft maps and the proposed sequence of elections, and at which time the City Council did hear and consider such public input regarding the content of the draft maps and the proposed sequence of elections; and
WHEREAS, the purpose of this ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for election of the Members of the City Council of the City of Ontario by-district in four (4) single-member districts as reflected in Exhibit A to this ordinance, and providing for the election of an elective Mayor of the City of Ontario to be elected City-wide; and
WHEREAS, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of Ontario made by this ordinance is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code) and to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution.

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

SECTION 1. A new Article 3 is hereby added to Title 2 of Volume 1 of the Ontario Municipal Code with the title “City Council Electoral System” to read as follows:
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“Sec. 2-1-301 City Council Electoral System
(a) At-large election—Mayor. Pursuant to California Government Code section 34886, the mayor shall be voted on at-large.
(b) City Council districts established. Four City Council districts are hereby established in the City of Ontario. The boundaries and identifying number of each district shall be as described on the Council District Map 17 attached hereto as Exhibit “A” and incorporated herein by this reference.
(c) Election of members of the City Council by district.

A. Following the effective date of the ordinance codified in this section and upon the commencement of “by district” elections in the order established in section (d) of this section 2-42, members of the City Council shall be elected “by district” as defined in California Government Code Section 34871 or any successor statute. Except for the Mayor, a person shall not be eligible to be elected to be a member of the City Council unless he or she is otherwise qualified as required by law and resided in the district, and both resided in the geographical area making up the district from which he or she is nominated to be elected and was a registered voter of the City of Ontario at the time nomination papers are issued to the candidate as provided for in Section 10227 of the California Elections Code. It is the intent of the City Council, in enacting this ordinance, that no term of any member of the City Council that commences on or prior to the effective date of the ordinance codified in this section shall be affected prior to its expiration date.

B. Registered voters signing nomination papers or voting for a member of the City Council shall be residents of the geographical area making up the district from which the member is to be elected.

C. The terms of the office of each member elected to the City Council, including the Mayor, shall remain four years.
(d) Commencement of district elections. It is the intent of the City Council, in enacting this ordinance, that this section shall not affect any term of office in existence or commencing on or before the effective date of the ordinance codified in this section. Commencing with the general municipal election in November of 2024 and thereafter, the voters in districts 1 (one) and 4 (four) shall elect members of the City Council by district for full four-year terms. At the general municipal election in 2026 and thereafter, the voters in districts 2 (two) and 3 (three) shall elect members of the City Council and the Mayor shall be elected at large for full four-year terms. (e) Adjustment of boundaries.
341
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A. Pursuant to Elections Code Section 21601, as it may be amended, the City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries so that the districts shall be as nearly equal in population as practicable and in compliance with all applicable provisions of law. Any adjustment of district boundaries shall be made by ordinance or resolution, adopted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken. Prior to the public hearing approving the adjustment of the district boundaries, the City Council shall hold at least one public hearing on the proposed district boundaries as required by Election Code Section 21607.

B. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Election Code Section 21603, as it may be amended.

C. Pursuant to Elections Code Section 21606, the term of office of any Council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected. At the first election for Council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code Section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent’s term on the Council is due to expire.
(f) Implementation. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.” SECTION 2. Effective Date. This Ordinance shall be become effective thirty (30) days after its adoption.

SECTION 3. Inconsistencies. To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation government the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof. 342
Ordinance No. 3224

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SECTION 4. Interpretation. In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its state purposes.

SECTION 5. CEQA. Pursuant to Section 15320 of the Guidelines for the Implementation of the California Environmental Quality Act (“CEQA”), further review under CEQA is not required because the City Council action in establishing district-based elections consists of a change in the organization or reorganization of a local governmental agency where the change does not change the geographical area in which previously existing powers are exercised. Therefore, the City Council finds that it can be seen with certainty that there is no possibility that this action will result in any environmental effect. The City Clerk is hereby directed to file a Notice of Exemption with the County Clerk within three (3) days following the date of this Ordinance.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Ontario.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Ontario hereby declares it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

PASSED, APPROVED AND ADOPTED on this 20th day of December 2022. ________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
343
Ordinance No. 3224

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APPROVED AS TO FORM:
________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
344
Ordinance No. 3224

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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. 3224 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3224 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
345
Ordinance No. 3224

EXHIBIT A

ELECTION DISTRICT MAP
Map 17 – Submitted by Plaintiff Chris Robles, CCAEJ, & Brown and Black Coalition 346
Department: City Manager's Office
Prepared By: Ruben Duran
Department:

Prepared By: Claudia Y Isbell
Staff Member Presenting:

Ruben Duran, City Attorney
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 18
SUBJECT:

ADOPTION OF ORDINANCES REVISING THE CITY'S MUNICIPAL CODE BY (1) ADDING BARKING DOG VIOLATIONS AND CIVIL FINES, (2) AMENDING VARIOUS CODE ENFORCEMENT PROCEDURES, (3) ADOPTING STANDARDS FOR OVERSIZED VEHICLE PARKING AND FURTHER REGULATING COMMERCIAL VEHICLES, (4)

ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE, (5) AMENDING PARKING RESTRICTIONS RELATED TO STREET SWEEPING AND TRASH COLLECTION, (6) AMENDING AND CLARIFYING

PERFORMANCE STANDARDS, REPORTING OBLIGATIONS, AND ENFORCEMENT OUTCOMES RELATED TO THE TRANSIENT OCCUPANCY TAX, (7) IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY, (8) UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS, (9)

ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY; (10) REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE.

CITY OF ONTARIO
Agenda Report
December 20, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and take the recommend actions below on Ordinances that were introduced at a regular meeting on December 6, 2022.

A
.

Adopt an Ordinance to repeal certain sections of the Ontario Municipal Code and add a new Article 2.5 to Chapter 1 of Title 6, relating to the City’s regulation of barking dog violations and methods of enforcement related thereto.

B
.

Adopt an Ordinance to amend certain sections of the Ontario Municipal Code, relating to the City’s code enforcement procedures, including administrative civil penalties, citations, and appeals.

C
.

Adopt an Ordinance to amend Sections 4-6.1009 and 4-6.1016 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, add Section 4-6.1117 to Article 1 of Chapter 6 of Title 4 of the Ontario Municipal Code, and add Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code adopting standards for oversized vehicle parking and further regulating the parking of commercial vehicles.

D
.

Adopt an Ordinance to add Section 4-4.27 to Chapter 4 of Title 4 of the Ontario Municipal Code, relating to the City’s enforcement of the provisions of the Ontario Fire Code. 347
E
.

Adopt an Ordinance to amend Section 4-6.1019 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, relating to parking restrictions on public streets for street sweeping and trash collection.

F
.

Adopt an Ordinance to amend Chapter 6 of Title 3 of the Ontario Municipal Code, relating to performance standards, reporting obligations, and enforcement outcomes related to the transient occupancy tax.

G
.

Adopt an Ordinance to add Section 5.03.363 to Division 5.03 of Chapter 5 of the Ontario Development Code, relating to regulations of short-term rentals.

H
.

Adopt an Ordinance to amend Chapter 18 of Title 6 of the Ontario Municipal Code, relating to penalties for the illegal cultivation of cannabis.

I
.

Adopt an Ordinance to add Chapter 24 to Title 4 of the Ontario Municipal Code relating to the prohibition of unlawful possession of catalytic converters in the City.

J
.

Adopt an Ordinance to amend Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code reﬂecting updates to the Ontario Police Department command structure.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

Stricter regulation of violations of the Ontario Municipal Code, Ontario Fire Code, and Ontario Development Code may result in increased collection of administrative ﬁnes, which are payable to the City. Staﬀ does not anticipate any increased enforcement cost on the staﬃng side, as current staffing levels support the need for stricter regulation.

BACKGROUND & ANALYSIS:

BARKING DOG & NOISY ANIMAL VIOLATIONS AND CIVIL FINES ORDINANCE Currently, Sections 6.1-217 through 6.1-223 of Article 2 of Chapter 1 of Title 6 of the Ontario Municipal Code regulate barking dogs within the City. In order to clarify the obligations of pet owners and responsible persons to address barking dogs, the City has determined an amendment to its current regulatory framework is warranted. Accordingly, Staﬀ is proposing the repeal of current Sections 6.1-217 through 6.1-223, and the addition of a new Article 2.5 of Chapter 1 of Title 6 to:

A
.

Clearly deﬁne what constitutes a barking dog or other noisy animal, who is responsible for enforcement, and who is a responsible person for purposes of enforcing violations.

B
.

Clarify that barking dogs or other noisy animals may be declared public nuisances when the City receives at least two declarations within a 60 day period that state the declarants live within a certain distance of the dog or other noisy animal in question and that the dog or other noisy animal has made noise for long periods and caused annoyance to the declarant; C
.

Set forth a clear framework for the imposition of administrative ﬁnes pursuant to the ﬁnding of a barking dog or other noisy animal violation;
D
.

Institute fair and equitable administrative hearing procedures to address protests to any 348
ﬁnes imposed as a result of a barking dog or other noisy animal violation, including the right to judicial review in some cases.

The Ordinance will ensure that the rights of residents to own and enjoy pets are protected, while continuing to uphold the character and quality of the community and enhance neighboring property owners’ enjoyment of their properties.

II.

UPDATES TO CODE ENFORCEMENT PROCEDURES ORDINANCE
Currently, code enforcement in the City is governed by a series of chapters in the Municipal Code, including chapters 1-2, 1-4, 1-5, 2-11, 4-6, and 5-22. In order to clarify, simplify, and optimize these current code enforcement procedures (including issuance of citations, imposition of penalties, the right to an appeal, and other various cleanup items), the City has determined that an amendment to its current regulatory framework is warranted. Accordingly, Staﬀ are proposing these amendments to chapters 1-2, 1-4, 1-5, 2-11, 4-6, and 5-22 to:

A
.

Clarify the procedures through which code enforcement Staﬀ impose administrative civil penalties, and through which members of the public can seek administrative appeals; B
.

Simplify the procedures for service of administrative citations, and correct pre-existing references to now-defunct municipal courts;
C
.

Rename the “Code Enforcement Department” to the “Community Improvement Department” per City policy;
D
.

Designate truck route violations as misdemeanors; and
E
.

Clarify the procedures for summary abatement of nuisances and issuance of notices of violation.

The Ordinance will ensure that the Community Improvement Department continues to have the necessary tools to identify and correct violations of the City’s laws, while protecting the rights of the public to due process, including administrative and judicial appeals in certain cases.

III.

OVERSIZED VEHICLE PARKING ORDINANCE

1. Commercial Vehicle Parking
California Vehicle Code Section 22507 authorizes the City to restrict or prohibit the stopping, parking, or standing of vehicles on local streets during all or certain hours of the day. The current provisions governing stopping, standing, or parking for certain purposes or in certain places within the City are set forth in Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code.

Current Ontario Municipal Code regulations allow the street parking of commercial vehicles for speciﬁed periods of time. Section 4-6-1.009(c) of Article 10 of Chapter 6 of Title 4 allows for the street parking of commercial vehicles for up to 72 hours in industrial zones. Section 4-6-1.009(d) of Article 10 of Chapter 6 of Title 4 allows for the street parking of commercial vehicles on truck routes for up to an hour.

Section 4-6-1.009(h) of Article 10 of Chapter 6 of Title 4 allows for the street parking of commercial vehicles within residential zones at any time except between the hours of 2:00 AM and 6:00 AM. 349
The Police Department has received numerous complaints about the parking of commercial vehicles within the City’s jurisdiction, including along designated truck routes. The Police Department has found that the current regulations related to commercial vehicle parking have not been eﬀective at addressing the parking of commercial vehicles along the City streets given the diﬃculty between distinguishing the length of time in which commercial vehicles have been parked.

The proposed ordinance makes edits to various provisions of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code in order to remove the specific time periods from these sections. There are also exemptions from the regulations in place for valid commercial activity. The intent of the proposed ordinance is to prevent the parking of such commercial vehicles on City streets unless they are currently performing services and loading/unloading goods.

2. Oversized Vehicle Parking

The Ontario Municipal Code does not currently contain any provisions speciﬁcally addressing the parking of oversized vehicles on public streets. The Ontario Municipal Code does currently regulate vehicle parking on public streets in Section 4-6.1011, which states that “[n]o person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street, alley, or City-owned parking lot or parking facility for a period of seventy-two (72) or more consecutive hours. However, the Police Department has found that this regulation has not been eﬀective at addressing oversized vehicle parking because a vehicle owner may move the vehicle and then re- park near the same area, thereby evading the restriction.

The addition of Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code would provide comprehensive regulations related to oversized vehicle parking. This includes permitting to allow parking of the oversized vehicles on City streets for a limited amount of time for valid uses. Additionally, the new language includes common sense exemptions from the regulations such as for public safety vehicles or vehicles in need of emergency repair.

Accordingly, Staﬀ proposes

amending Sections 4-6.1009 and 4-6.1016 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, adding Section 4-6.1117 to Article 1 of Chapter 6 of Title 4 of the Ontario Municipal Code, and adding Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code adopting standards for oversized vehicle parking and further regulating the parking of commercial vehicles.

IV.

ADMINISTRATIVE PENALTIES FOR FIRE CODE VIOLATIONS ORDINANCE Government Code section 53069.4 authorizes the City to issue administrative citations to enforce its ordinances in addition to criminal, civil or other legal remedies established by law. Currently, Section 4-4.15 of Chapter 4 of Title 4 of the Ontario Municipal Code provides that violations of the Ontario Fire Code are to be categorized as an infraction or misdemeanor subject to the provisions of Chapter 2 of Title 1 of the Ontario Municipal Code.

Chapter 2 of Title 1 of the Ontario Municipal Code currently outlines procedural requirements for criminal violations of the Ontario Municipal Code. In addition, Chapter 2 of Title 1 of the Ontario Municipal Code provides for limited civil actions as well as penalties for violations of the Ontario 350
Municipal Code. However, neither Chapter 2 of Title 1 or Chapter 4 of Title 4 of the Ontario Municipal Code provide authorization for enforcement oﬃcials to issue administrative citations for violations of the Ontario Fire Code.

Essentially, the current enforcement structure focuses on prosecuting Ontario Fire Code violations as criminal matters or requiring the City to go to court in order to enforce a civil penalty. As a result, the current enforcement structure requires a signiﬁcant amount of time investment by enforcement Staﬀ and has limited the ability of enforcement Staﬀ to quickly respond to violations.

This Ordinance will ensure that the City has another tool at its disposal in order to address violations of the Ontario Fire Code in a timely manner.

Accordingly, Staﬀ are proposing the addition of Section 4-4.27 to Chapter 4 of Title 4 of the Ontario Municipal Code in order to outline an administrative ﬁne schedule for proposed violations of the Ontario Fire Code and make violations of the Ontario Fire Code subject to administrative citations as outlined in Chapter 5 of Title 1 of the Ontario Municipal Code.

RESTRICTED PARKING FOR TRASH COLLECTION SERVICES ORDINANCE California Vehicle Code section 22507 permits local authorities to restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, during all or certain hours of the day. On July 6, 2021, the City adopted Ordinance No. 3188, adding Section 4-6.1019 to Article 10 of Chapter 6 of Title 4 to establish parking restrictions on public streets for street sweeping. Section 4-

6.1019 currently allows the City to designate certain restricting parking zones in order to allow for eﬀective street sweeping. Section 4-6.1019 also currently provides a process whereby residents may propose a request for the creation of street sweeping parking restrictions on designated streets. Staﬀ have found that trash collection poses similar issues as street sweeping where the location of vehicles during the performance of these services can prevent these services from being carried out in an efficient manner.

Accordingly, Staﬀ proposes amending Section 4-6.1019 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code in order to extend the provisions of Section 4-6.1019 to trash collection.

VI.

TRANSIENT OCCUPANCY TAX ORDINANCE
Currently, Chapter 6 of Title 3 of the Ontario Municipal Code contains provisions related to the imposition of a transient occupancy tax (“TOT”) for the privilege of occupying a hotel in the City.

Staﬀ has found that the current TOT provisions lack clarity in a number of areas. Speciﬁcally, the proposed ordinance seeks to clarify that:

A
.

The Executive Director of Finance, or an authorized representative, is the “Tax Administrator” for TOT purposes;
B
.

Minors may not rent rooms in a hotel, unless such minor is accompanied by a parent or legal guardian;
C
.

Each manager or person in control of a hotel must keep a register of transient guests, which is subject to reasonable City Staff or law enforcement inspection; D
.

Operators must report the total rents charged and remit the TOT tax due to the City each month, rather than quarterly;
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E
.

Hourly rates are prohibited, and rates must be conspicuously posted and charged at the posted rate only;
F
.

Certain civil and criminal penalties may apply to persons in violation of the transient occupancy tax provisions;
G
.

Operators must keep records in conformance with standards developed by the City’s Tax Administrator, and the Tax Administrator will have the right to inspect such records at all reasonable times;
H
.

The Tax Administrator may conduct an audit to ensure compliance with the Chapter, pursuant to certain procedural requirements;
I
.

The City may record unpaid ﬁnes, penalties, and related costs as a lien upon and against the hotel subject to notice as required by law;
J
.

Any cessation in business or transfer of ownership triggers certain noticing and payment obligations;
K
.

The Tax Administrator is given additional powers and duties, including to adopt administrative rules and regulations consistent with the Ontario Municipal Code, and to make administrative agreements that act as a variance from the strict requirements of Chapter 6 of Title 3 of the Ontario Municipal Code.

Accordingly, Staﬀ is proposing to amend Chapter 6 of Title 3 of the Ontario Municipal Code in order to provide additional clarity for the transient occupancy tax provisions of the Ontario Municipal Code.

VII.

SHORT TERM RENTALS ORDINANCE

While short term rentals provide options to the traveling public and income to the aﬀected host property owner or tenant, they can also impact the community. Over the past few years, there has been an increase in the number of properties in the City being oﬀered on websites such as Airbnb, VRBO, and Homeaway. Other cities have responded by passing ordinances to prohibit the practice, while others allow the practice, subject to varying degrees of regulation and taxation.

The Ontario Development Code is currently silent on the practice. The City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the character of residential neighborhoods.

The proposed ordinance is beneﬁcial to the public health, safety, and general welfare of the community as it establishes a permitting system, performance standards, and penalty provisions related to short-term rental operations.

Accordingly, Staﬀ is proposing to add Section 5.03.363 “Short Term Rentals,” to Division 5.03 of Chapter 5 of the Ontario Development Code in order to implement regulations related to Short Term Rentals.

VIII.

ILLEGAL CULTIVATION OF CANNABIS ORDINANCE

The Adult Use of Marijuana Act and the Medicinal Adult-Use Cannabis Regulation and Safety Act allows persons 21 years of age or older to possess, plant, cultivate harvest, dry, or process not 352
more than six living cannabis plants and possess the cannabis produced by the plants. State law also allows local jurisdictions to enact and enforce reasonable regulations related to the cultivation and possession of cannabis.

The City adopted Ordinance No. 3059 in October 2016 in order to regulate personal, medical and commercial marijuana uses in the City. Section 6-18.03(c)(2)(iii) provides that a person may not plant, cultivate, harvest, dry, or process more than a combined total of 6 cannabis plants inside the private residence or accessory structure located upon the grounds of the private residence.

In the intervening years, there have been several high-proﬁle illegal large scale commercial cultivation of cannabis operations within the City that have resulted in action taken by law enforcement. The City ﬁnds that such indoor illegal large-scale operations pose signiﬁcant safety risks to persons and property and are commonly part of larger criminal networks.

In order to combat this problem, the proposed ordinance seeks to update the penalties related to the violation of Chapter 18 of Title 6 of the Ontario Municipal Code. Speciﬁcally, the proposed ordinance will make it clear that each plant grown in excess of the limit set forth in the Ontario Municipal Code constitutes a separate and distinct violation of the Municipal Code and allow such violations to be subject to administrative citations. The proposed ordinance also seeks to update Chapter 18 of Title 6 of the Ontario Municipal Code to be more consistent with the provisions of the Adult Use of Marijuana Act.

Accordingly, Staﬀ is proposing to amend Chapter 18 of Title 6 of the Ontario Municipal Code in order to update penalties for the illegal cultivation of cannabis.

IX.

UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS ORDINANCE

Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market. Nationwide thefts numbered approximately 26,000 in May 2021.

Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.

There is currently no City legislation applicable within the City of Ontario to directly deﬁne and punish catalytic converter thefts absent an identiﬁable victim. Additionally, there is currently no City, State, or Federal legislation applicable within the City of Ontario requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters in their possession.

This limits law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when there is no identiﬁable victim present. As a 353
result, preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the diﬃculty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.

The Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain speciﬁed sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as speciﬁed, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller.

The Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the ﬁeld of catalytic converter theft legislation. Pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

Individuals in possession of stolen catalytic converters are able to recycle them for substantial profit at relatively low risk, while victims are forced to commit to costly repairs. By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by: (1) achieving deterrence by establishing zero- tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) prohibiting the falsiﬁcation of information in documents and records used to verify ownership or lawful possession of a catalytic converter; (4) preventing criminals from proﬁting from the sale and recycling of stolen catalytic converters; (5) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (6) minimizing the ﬁscal and personnel impact on the City of Ontario and the Ontario Police Department by reducing the time invested in deterring and investigating catalytic converter thefts.

Accordingly, Staff is proposing to add Chapter 24 to Title 4 of the Ontario Municipal Code in order to establish regulations prohibiting the unlawful possession of catalytic converters in the City.

UPDATE TO CITY POLICE DEPARTMENT COMMAND STRUCTURE ORDINANCE

Currently, Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code establishes the responsibilities and composition of the Ontario Police Department. Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code establishes the powers and duties of Captains within the Ontario Police Department. Speciﬁcally, Section 2-3.210 outlines the command structure where Captains will take charge of the Ontario Police Department in the absence of the Police Chief.

Recently, the City has established an additional position of Deputy Chief within the Ontario Police Department. It is the intent for the Deputy Chief to serve as the second-in-command within the Ontario Police Department and take charge in the absence of the Police Chief. 354

Accordingly, Staﬀ is proposing amending Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code to reﬂect the addition of this new command position to the Ontario Police Department.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING SECTIONS 6-1.217 THROUGH 6-1.223 OF ARTICLE 2 OF CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE, AND ADDING ARTICLE 2.5, “BARKING DOG AND NOISY ANIMAL VIOLATIONS AND CIVIL FINES,” TO CHAPTER 1 OF TITLE 6 OF THE

ONTARIO MUNICIPAL CODE
WHEREAS, the City of Ontario (“City’) presently provides for the regulation of animals and fowl in Chapter 1 of Title 6 of Volume 1 of the Ontario Municipal Code, and specifically regulates barking dogs as a nuisance subject to City abatement through Sections 6-1.217 – 6-1.223 of the Ontario Municipal Code; and WHEREAS, in order to clarify the obligations of dog owners to prevent extended periods of barking that create a disturbance, and to set forth the citation, hearing, and appeal procedures regarding the same, the City now wishes to amend the Municipal Code accordingly; and
WHEREAS, the provisions of this Ordinance will balance the need for peaceful and quiet neighborhoods against the rights of dog owners to keep and care for their dogs as they see fit; and
WHEREAS, this Ordinance provides adequate procedural and due process protections to dog owners who violate its provisions and are subject to administrative citations and fines as a result.

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

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

SECTION 2. Sections 6-1.217, 6-1.218, 6-1.219, 6-1.220, 6-1.221, 6-1.222, and 6-1.223 of Article 2 of Chapter 1 of Title 6 of the Ontario Municipal Code are hereby repealed in their entirety.

SECTION 3. Title 2.5, entitled “Barking Dog and Noisy Animal Violation and Civil Fines”, is hereby added to Chapter 1 of Title 6 of the Ontario Municipal Code to read in full as follows:
“Article 2.5 Barking Dog and Noisy Animal Violations and Civil Fines” Sec. 6-1.250. Definitions.
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For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
(a) “Barking dog” means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property.

Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this Chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
(b) “Civil Citation” means a notice issued pursuant to this Article that there has been a violation of this Chapter.
(c) “Day or Days” as used in this Article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (d) “Director” means the Community Improvement Director, or his or her designee.
(e) “Enforcement Officer” means the City Manager, Police Chief, Humane Officer, City Health Officer, Sheltermaster, Community Improvement Officer, or other such persons as the Council may designate.
(f) “Hearing Officer” means the person designated by the City Manager, or his or designee, to serve as the overseeing authority for administrative hearings held pursuant to this Article 2.5.
(g) “Issued” means giving a civil citation to a violator. Issuance occurs on the date when a barking dog or noisy animal civil citation is personally served on the violator, or the date it is mailed to the property where the barking dog or noisy animal is located or where the barking dog or noisy animal violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog or noisy animal is located or where the barking dog or noisy animal violation occurred. When service is made by posting, the barking dog or noisy animal citation shall also be mailed within 24 hours of posting to any address known for the violator. (h) “Noisy Animal” shall mean any animal other than a dog that makes a noise which emanates from the animal. The noise must be for an extended period of time to the disturbance of another person, either continuously for 30 minutes or more in any 24-hour period, or intermittently for a total of 60 or more accumulated minutes during any 24-hour period. An animal shall not be considered a "noisy animal" for purposes of this Article if 357
the animal is making noise because a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated, or when the animal is being teased or provoked, or if the animal is injured.
(i) “Notice of Decision” means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this Chapter.
(j) “Owner” means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog or animal, and the verb forms of “to own” shall include all those shades of meaning.
(k) A “Responsible Person” may also be referred to as a “violator” herein. A Responsible Person is any of the following:
(1) A person who allows a barking dog or noisy animal violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or noisy animal.
(2) A person whose agent, employee, or independent contractor allows a barking dog or noisy animal violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or noisy animal. (3) A person who is the owner of, and a personal who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog or noisy animal violation occurs.
(4) For purposes of this Article, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(5) For the purposes of this Article, there may be more than one Responsible Person for a barking dog or noisy animal violation, and a minor at least fourteen (14) years of age may be a Responsible Person subject to the provisions of this Article.

Sec. 6-1.251. Applicability.
(a) This Section makes any violation for keeping, maintaining, or permitting the behavior of a barking dog or noisy animal, as defined in Section 6-1.250, subject to civil fine.
(b) This Article therefore establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog or noisy animal violations pursuant to Government Code section 53069.4 and the plenary police power of the City.
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(c) The issuance of a civil citation under this Article is solely at the City’s discretion. By adopting this Article, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, including declaring a barking dog or noisy animal a public nuisance and abating as such.
(d) The purpose of issuing civil citations pursuant to this Article is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community.

Sec. 6-1.252. Barking Dog and Noisy Animals Declared Public Nuisance. (a) A barking dog or noisy animal, as defined in Section 6-1.250, may be declared to be a public nuisance that may be abated as provided in this Section. (b) A barking dog or noisy animal may be deemed a public nuisance when two or more declarations, made under penalty of perjury and made by declarants living in separate households, are filed with the Enforcing Officer within a sixty (60) day period stating in detail all of the following:
(1) That the declarant is a resident of a residential neighborhood located within 200 yards of the boundaries of the premises where the dog or animal is located; (2) Within the past month declarant has heard the dog bark or animal make noise for substantially long periods to the extreme annoyance of the declarant; (c) Upon receipt of two such declarations, the Enforcing Officer shall assign an officer to investigate the complaints. The officer shall personally interview both the complainants and the Owner and/or Responsible Party.
(d) If the investigating officer determines that there is merit to the complaints, the Owner and/or Responsible Party shall be notified by the officer that the dog's barking, or animal’s noises, is annoying the neighbors and that it must be abated. (e) If any further declaration is received by the Enforcing Officer concerning the same barking dog or noisy animal, within a six (6) month period from the last of the initial declarations, the Enforcing Officer may take action by notifying the Owner and/or Responsible Party by certified mail, return receipt requested, that an administrative hearing is to be held. Such administrative hearing will be held in accordance with the provisions of Section 1-5.08 of this Code.

Sec. 6-1.253. Barking Dog or Noisy Animal Citation – General. (a) In addition to treating a barking dog or noisy animal as a public nuisance, any Enforcement Officer also has the authority to issue a civil citation to any Responsible Person for a barking dog or noisy animal violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a 359
member of the community who has been disturbed by the barking dog or noisy animal.

A Responsible Person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog or noisy animal citation when due. Where the Responsible Person is a minor under the age of eighteen (18) years, the minor’s parents or legal guardian shall be liable for and held responsible for payment of their minor child’s citation fines and/or late penalties. In any case, the Responsible Person (or his/her parents or legal guardian, when the Responsible Person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this Article.
(b) Prior to issuing a civil citation for a barking dog or noisy animal, the Responsible Person shall be given a 10-day period within which to correct the problem. (c) Each day a barking dog or noisy animal violation exists beyond the initial 10-day period allowed for correction shall be a separate violation and may be subject to a separate citation and fine. A barking dog or noisy animal civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections.

Sec. 6-1.254. Barking Dog or Noisy Animal Citation – Contents.

Each barking dog or noisy animal citation shall contain the following information:
(a) Date on which a complaint or personal inspection established the barking dog or noisy animal violation(s).
(b) Name of the Responsible Person for the barking dog or noisy animal violation(s) (if known).
(c) Address where the barking dog or noisy animal violation(s) occurred. (d) The Code sections violated.
(e) Whether the violation(s) were established by inspection or by complainant. (f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty.
(g) Designation of prior civil citations issued for the same Code violation(s), if known by the Enforcement Officer.
(h) Notification of an assigned administrative hearing date, time and location where the civil fine may be contested.
(i) Description of the procedure for requesting a continuance of the assigned administrative hearing.
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(j) A notice that a barking dog or noisy animal violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County jail.
(k) Signature of the Enforcement Officer who issued the barking dog or noisy animal citation and/or civil fine.
(l) Date upon which the barking dog or noisy animal citation and/or civil fine was issued.
(m) Proof of service to be completed by the Enforcement Officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog or noisy animal violation occurred. (n) A self-addressed envelope in which the violator can mail the civil fine to the City if the citation is not contested.
(o) Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes.

Sec. 6-1.255. Service of Barking Dog or Noisy Animal Citation.

A barking dog or noisy animal citation may be served as follows:
(a) An Enforcement Officer may personally serve the barking dog or noisy animal citation on the Responsible Person. The Responsible Person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the Responsible Person’s right to an administrative hearing. Signing the citation shall not constitute an admission of guilt.
(b) An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier’s name is known, but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog or noisy animal violation occurred. (c) An Enforcement Officer may post a copy of the barking dog or noisy animal citation in a conspicuous place on the property where the barking dog or noisy animal violation occurred if the property owner and/or occupier’s name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog or noisy animal violation occurred as reflected on the County’s property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to “Resident” at the address where the barking dog or noisy animal violation occurred.

Sec. 6-1.256. Amount of Barking Dog or Noisy Animal Civil Fines.

Fines for violating the provisions of this Article shall be as follows:
361
(a) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
(b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation. (c) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.

Sec. 6-1.257. Payment of Barking Dog or Noisy Animal Civil Fines. (a) After receiving a barking dog or noisy animal citation pursuant to Section 6-

1.256, the violator may respond by either of the following methods:
(1) The violator may choose to correct the barking dog or noisy animal violation and pay the fine stated in the citation to the City within thirty (30) days from the date of the citation. A late payment of twenty dollars ($20) shall be charged if the fine is not paid within thirty (30) days of the citation date. Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope to the Director by U.S. First class mail, postage prepaid. The Director may authorize payment to be made in accordance with any other method, at any location within the City, or to any address. (2) The violator may choose to appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to the Hearing Officer at the conclusion of the hearing if the Hearing Officer upholds the barking dog or noisy animal citation. The Hearing Officer may allow the violator an additional period of time within which to pay the fine if, in the Hearing Officer’s sole discretion, such additional time for payment is necessary. (b) Payment of a fine shall not excuse the violator from correcting the barking dog or noisy animal violation. The issuance of a barking dog or noisy animal citation and/or payment of a fine shall not bar the City from taking any other enforcement action regarding a barking dog or noisy animal violation that is not corrected, including issuing additional barking dog or noisy animal citations and/or criminal complaints.

Sec. 6-1.258. Administrative Hearing.
(a) Any person who receives a barking dog or noisy animal citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog or noisy animal citation. A violator may contest the barking dog or noisy animal citation by denying that a violation occurred, by denying that it was not corrected within the original ten (10) day correction period, if applicable, or by denying that the violator is a Responsible Person for the violation.
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(b) If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog or noisy animal citation, the violator must personally attend the administrative hearing on the date, time and place specified. A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog or noisy animal citation.

Sec. 6-1.259 Hearing Procedures.
(a) Hearings shall be conducted by a Hearing Officer either: (i) on the date, time and place specified in the barking dog or noisy animal citation, or (ii) on the date assigned when a continuance pursuant to subsection (f) below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his/her designee.
(b) The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog or noisy animal citation. (c) The citation itself and accompanying complaint’s affidavit signed under penalty of perjury attesting to the barking dog or noisy animal violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents.
(d) Neither the Enforcement Officer nor any other representative of the City shall be required to attend the hearing.
(e) The failure of the recipient of an administrative citation to appear at the administrative citation hearing, including after a continuance is granted pursuant to subsection (f) below, shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies.
(f) The Director may continue a hearing one time upon a request for continuance made by the violator, complainant, or a representative of the City, which request must be based upon a showing of good cause. A Hearing Officer may also continue a hearing upon his or her own motion to request additional information with respect to the violation. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Director via e-mail, facsimile or letter at least one week (7 days) prior to the hearing date. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the hearing was first scheduled to take place. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled.
(g) The hearing shall be conducted informally, and the legal rules of evidence need not be followed.
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(h) The Hearing Officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee.

Sec. 6-1.260. Decision After Administrative Hearing.
(a) After considering all the evidence and testimony submitted at an administrative hearing, the Hearing Officer shall issue a written decision to the violator and complainant to uphold or to dismiss the barking dog or noisy animal citation based upon a conclusion of whether or not a violation occurred for which the violator was a Responsible Person. The Hearing Officer’s decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine. (b) If the Hearing Officer’s decision is to uphold the barking dog or noisy animal citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the Hearing Officer. If the decision is to dismiss the barking dog or noisy animal citation, the civil fine shall no longer be due and payable.
(c) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

Sec. 6-1.261. Right to Judicial Review.
(a) A Responsible Person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within twenty (20) calendar days after the Responsible Person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code section 53069.4.
(b) No judicial appeal is permitted where a violator has failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog or noisy animal citation by an unexcused nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a complainant has failed to appear at an assigned administrative hearing.

Sec. 6-1.262. Collection of Unpaid Fines.
(a) The City, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this Chapter have been collected.
(b) Failure to timely remit payment of a citation fine and/or late penalty authorized under Section 6-1.257 above will result in criminal liability and a warrant may be issued for a violator’s arrest. Nonpayment of such fine and/or late penalty shall be a 364
misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.”
SECTION 4. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

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

SECTION 5. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

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

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
{
PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
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APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
366

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. 3229 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3229 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1-2, 1-4, 1-5, 2-11, 4-6, AND 5-22

OF THE ONTARIO MUNICIPAL CODE RELATED TO VARIOUS CODE
ENFORCEMENT PROCEDURES.

WHEREAS, this Ordinance amends Chapters 1-2, 1-4, 1-5, 2-11, 4-6, and 5-22, clarify, simplify, and optimize various procedures and processes; and WHEREAS, this Ordinance also amends Chapter 1-2 clarify the procedures for imposition of administrative civil penalties and recovery of attorneys’ fees in nuisance abatement actions; and
WHEREAS, this Ordinance also amends Chapter 1-4 to clarify and elaborate on the procedures for administrative appeals; and
WHEREAS, this Ordinance also amends Chapter 1-5 to simplify the procedures for service of administrative citations and corrects a reference to defunct municipal courts; and WHEREAS, this Ordinance also amends Chapter 2-11 to incorporate the renaming of Code Enforcement Department to the Community Improvement Department; and WHEREAS, this Ordinance also amends Chapter 4-6 to designate truck route violations as misdemeanors in order to permit issuance of higher administrative fines; and WHEREAS, this Ordinance amends Chapter 5-22 to clarify the procedures for summary abatement and issuance of notices of violation, and authorizes recordation of notices of violation; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. Sections 1-2.01 and 1-2.10 of Chapter 2 of Title 1 of the Ontario Municipal Code are hereby amended to state in full as follows:
“Sec. 1-2.01. Punishment for violation.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted or the provisions of any Code adopted by reference by this Code, or any condition of any 368
permit, license, or other entitlement issued pursuant to this Code. Any person violating any such provision or failing to comply with any of the mandatory requirement of this Code, or any Code adopted by reference by this Code, shall be guilty of an infraction, unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as a misdemeanor. All violations or failures to comply that are specifically declared to be misdemeanors elsewhere in this Code, or any Code adopted by reference by this Code, shall be prosecuted as misdemeanors unless the citing official or the prosecuting attorney determines that it would be in the interests of justice to prosecute the offense as an infraction.
(b) Any person convicted of an infraction under the provisions of this Code, or any Code adopted by reference by this Code, shall be punished by:
(1) A fine not exceeding One Hundred Dollars ($100.00) for a first violation;
(2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and (3) A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision within one (1) year. (c) Any person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (d) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly. (e) In addition to the penalties provided by this section, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be deemed a public nuisance and may be abated by the City, and each day such condition continues shall be regarded as a new and separate offense.
(f) A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorneys’ fees. Attorney’s fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the city’s attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorneys’ fees in favor of any party. Unpaid attorney’s fees shall constitute a debt that is collectible in any manner allowed by law. (g) Any person who violates any provision or fails to comply with any requirement or provision of this Code heretofore or hereafter enacted or any provision of any Code adopted by reference by this Code shall be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct 369
the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the City Attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.”
“Sec. 1-2.10. Civil penalties.
(a) The Council finds that there is a need for alternative methods of enforcement of the Ontario Municipal Code and applicable state codes in addition to the penalties provided by § 1-2.01. The Council further finds that the assessment of civil penalties is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this section is in addition to any other remedies established by law which may be pursued to address Municipal Code or state law violations. (b) Civil penalties may be assessed against a responsible party for continued violations of the Municipal Code or applicable state codes, whether of the same section or any combination, that reflect a continuing disregard for the requirements of such laws.

The Code Enforcement Director or his or her designee may issue a notice to the responsible party stating the violation, including a description of the conditions that give rise to the violation, and assessing a civil penalty pursuant to this section. The civil penalty shall not begin to accrue until thirty (30) days after the date of the notice. The notice shall state the City's intention to assess a civil penalty and the amount of such penalty. The civil penalty may be enforced as a lien or special assessment pursuant to subsection (e) of this section. The imposition of civil penalties authorized under this section may be combined with other notices issued under this Code in the discretion of the City.
(c) Notwithstanding subsection (b), the City may provide less than thirty (30) days' notice to remedy a condition before imposing a civil fine if the City determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given. (d) Civil penalties may be assessed at a daily rate not to exceed One Thousand Dollars ($1,000) per day. The actual amount assessed, up to One Thousand Dollars ($1,000) per day, shall be set by the Code Enforcement Director, based upon a civil penalties schedule set by the City Manager. In determining the amount to be imposed on a daily rate, or the actual final amount to be assessed, the Code Enforcement Director or his or her designee shall consider the following factors:
(1) Duration of the violation.
(2) Frequency or occurrence of the violation or other similar violations. (3) Seriousness of the violation in relation to its threat or impact upon public health, welfare, or safety.
(4) History of violations.
(5) Activity taken by the responsible party to obstruct or interfere with correction of the violation.
(6) Good faith or bad faith efforts by responsible party to comply. 370
(7) The impact of the violation on the surrounding property and community.
(8) The financial ability of the responsible party to have corrected the violation in a timely fashion.
(e) Civil penalties, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on the property in the amount of such assessment. The notices of such special assessment, and any other notice required by this section, shall be provided to the owner by certified mail, as determined from the County Assessor's or County Recorder's records. The assessment shall be collected at the same time and in the same manner as ordinary city taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to the special assessment. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The City may conduct a sale of vacant residential developed property for which the payment of such assessment made pursuant to this subdivision is delinquent. Notices or instruments relating to the abatement proceeding or special assessment may be recorded. (f) Appeals. Upon request by the owner, lessee, occupant, or person having charge of the affected premises and if received by the Code Enforcement Director within ten (10) days after mailing the final notice and order or notice of violation, which includes the imposition of civil penalties to be assessed, the City Manager or his or her designee shall hold a hearing, which shall be open to the public. The City Manager or his or her designee shall hear and consider objections and/or protests from any owner, lessee, occupant, person having charge of the affected premises, or other interested persons relative to the accrual of civil penalties. The City Manager or his or her designee shall hear and receive all relevant evidence and testimony relative to the violations upon which the civil penalties are based and shall consider all of the factors listed in subsection (d) of this section. This hearing may be continued from time to time. Upon or after the conclusion of the hearing, the City Manager or his or her designee shall determine the amount of civil penalties to be assessed. This decision shall be final. (g) Unpaid civil penalties may be assessed against the affected premises as specified in § 1-4.05.
(h) Fines and penalties collected resulting from enforcement of this section shall be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the City.” SECTION 3. Sections 1-4.02 through 1-4.04 of Chapter 4 of Title 1 of the Ontario Municipal Code are hereby amended to state in full as follows:
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“Sec. 1-4.02. Time limit for filing.
(a) The appellant shall file a notice of appeal with the City Clerk within fourteen (14) days after service of the notice of the administrative decision concerned, or, if there is no such service or none is required, no later than fourteen (14) days after the date of the decision that is the subject of the appeal.
(b) A written notice of appeal must contain the following information:
(1) The full name, mailing address, e-mail address, and telephone number of the appellant;
(2) A description of the specific action or decision being appealed, including the date of the action; and
(3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy.
(c) If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies.

Sec. 1-4.03. Hearings: Notices.

Upon receipt of the filing of the notice of appeal in proper form, the City Clerk shall place the matter as soon as reasonably possible on the Council agenda for a regular meeting of the City Council which will be held no later than thirty (30) days from the date of the filing of the notice of appeal. Except in cases of emergency when the Council may determine the matter immediately, the Council shall set the matter for hearing at the next regularly scheduled meeting. The City Clerk shall cause written notice of the hearing to be given to the applicant not less than ten (10) days prior to such hearing, unless such notice is waived in writing by the applicant.

Sec. 1-4.04. Hearings.

At such hearing the appellant shall show cause on the ground specified in the notice of appeal why the action appealed from should not be approved. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. The standard of proof applicable to the hearing is proof by a preponderance of the evidence. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.”
SECTION 4. Sections 1-5.11 and 1-5.13 of Chapter 5 of Title 1 of the Ontario Municipal Code are hereby amended to state in full as follows:
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“Sec. 1-5.11. Right to judicial review.

Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in San Bernardino County in accordance with the timeliness and provisions set forth in Cal. Gov't Code § 53069.4.” “Sec. 1-5.13. Notices.
(a) The administrative citation and all notices required given by this chapter shall be served on the responsible party by personal delivery or first class mail to the citee at his or her last-known business or residence address as same appears in public records of the City, the San Bernardino County Tax Assessor’s Office, and/or the Secretary of State. Service by mail is deemed complete upon deposit with the United States Postal Service. If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer shall post the citation on the real property where the violation is alleged to have occurred. (b) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(c) The City may elect to issue administrative citation penalties that may be collected through means of property liens and special assessments in accordance with § 1-4.05 of this Code for special assessments or in the manner provided in § 5-22.07(b) of this Code for liens. Upon the issuance of any administrative penalty citation in accordance with this subsection (c), the City may file in the office of the San Bernardino County Recorder a notice of the pendency of the administrative action.” SECTION 5. Section 2-11.01 of Chapter 11 of Title 2 of the Ontario Municipal Code is hereby amended to state in full as follows:
“Sec. 2-11.01. Appointment.

The City Manager shall appoint specific City employees as Code Enforcement Officers of the City. The Code Enforcement Department is now known as the Community Improvement Department. Accordingly, the Code Enforcement Director is now known as the Community Improvement Director, and Code Enforcement Officers are now known as Community Improvement Officers. Wherever the former terms are used in this Code, they are deemed to refer to a Community Improvement.”
SECTION 6. Section 4-6.1602 of Chapter 6 of Title 4 of the Ontario Municipal Code is hereby amended to state in full as follows:
“Sec. 4-6.1602. Penalties: Citations.
(a) The penalties for violations of the provisions of the following articles of this chapter, if such penalties are paid within thirty (30) days after the writing of the citation, shall be in the following amounts:
(1) Article 9, Thirty-seven and 50/100ths Dollars ($37.50); 373
(2) Article 10, except §§ 4-6.1004(a), 4-6.1009 and 4-6.1010, Thirty- seven and 50/100ths Dollars ($37.50);
(3) Article 10, § 4-6.1004(a), Forty-two and 50/100ths Dollars ($42.50); (4) Article 10, § 4-6.1009, One Hundred Twenty-two and 50/100ths Dollars ($122.50);
(5) Article 10, § 4-6.1010, Fifty and 50/100ths Dollars ($50.50); (6) Article 11, Thirty-seven and 50/100ths Dollars ($37.50); (7) Article 12, Thirty-seven and 50/100ths Dollars ($37.50); (8) Article 13 subsection (e), Thirty-seven and 50/100ths Dollars ($37.50);
(9) Article 17, Thirty-seven and 50/100ths Dollars ($37.50); (10) California Vehicle Code 22500(e)(f), Thirty-seven and 50/100ths Dollars ($37.50);
(11) California Vehicle Code Section 22500.1, Sixty-seven and 50/100ths Dollars ($67.50);
(12) California Vehicle Code Section 22502(a), Fifty and 50/100ths Dollars ($50.50);
(13) California Vehicle Code Section 22507.8, Three Hundred Seventeen and 50/100ths Dollars ($317.50);
(14) California Vehicle Code Section 22514, Sixty-seven and 50/100ths Dollars ($67.50);
(15) California Vehicle Code Section 22522, Two Hundred Seventy-five and 50/100ths Dollars ($275.50);
(16) California Vehicle Code Section 5204(a), Sixty-seven and 50/100ths Dollars ($67.50).
(b) Payment after thirty (30) days of issuance. The penalties for violations of the provisions of the following articles of this chapter, if such penalties are paid after thirty (30) days after the writing of the citations, shall be in the following amounts:
(1) Article 9, Fifty Dollars ($50.00);
(2) Article 10, Fifty Dollars ($50.00);
(3) Article 11, Fifty Dollars ($50.00);
(4) Article 12, Fifty Dollars ($50.00);
(5) Article 13, subsection (e), Fifty Dollars ($50.00); (6) Article 17, Fifty Dollars ($50.00);
(7) California Vehicle Code Section 22500(e)(f), Fifty Dollars ($50.00); (8) California Vehicle Code Section 22500.1, Fifty Dollars ($50.00); (9) California Vehicle Code Section 22502(a), Fifty Dollars ($50.00); (10) California Vehicle Code Section 22507.8, Fifty Dollars ($50.00); (11) California Vehicle Code Section 22514, Fifty Dollars ($50.00); (12) California Vehicle Code Section 22522, Fifty Dollars ($50.00); (13) California Vehicle Code Section 5204(a), Fifty Dollars ($50.00). (c) The penalty for any other violation of Article 13, except § 4-6.1304 and § 4-6.1305(e), shall be:
(1) One Hundred Dollars ($100.00) for the second violation of the same provision within twelve (12) months;
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(2) Two Hundred Fifty Dollars ($250.00) for each additional violation of the same provisions within twelve (12) months; and
(3) Any person violating any provisions of this article shall be guilty of a separate violation for each and every day during which any violation of any provision of this article is committed, continued or permitted by such person shall be penalized accordingly.
(d) A violation of § 4-6.1304 is specifically declared to be a misdemeanor, unless the citing official or the prosecuting attorney determines that it would be in the interests of justice to prosecute the offense as an infraction. The civil or administrative penalty for a violation of § 4-6.1304 shall be One Thousand Dollars ($1000.00).” SECTION 7. Sections 5-22.02, 5-22.04, and 5-22.07 of Chapter 22 of Title 5 of the Ontario Municipal Code are hereby amended, and Sections 5-22.09 and 5-22.10 are hereby added, to state in full as follows:
“Sec. 5-22.02. Maintenance of property.

It is a public nuisance for any person owning, leasing, occupying or having charge of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:
(a) Land, topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties; (b) Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction;
(c) The failure to close, by such means as will protect against entry without the use of substantial force, all doorways, windows and other openings leading into vacant structures;
(d) Paint deterioration upon buildings, causing dry rot and warping or lack of weather protection;
(e) Broken windows constituting a hazardous condition, or inviting trespassers and malicious mischief, or constituting a condition tending to depreciate the aesthetic and property values of surrounding properties;
(f) Overgrown vegetation:
(1) Likely to harbor rats, vermin and other vectors;
(2) Constituting unsightly appearance;
(3) Having a tendency to depreciate the aesthetic and property values of surrounding properties; or
(4) Causing a fire hazard;
(g) Dead, decayed, diseased or hazardous trees, and other nuisance vegetation:
(1) Constituting unsightly appearance;
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(2) Creating fire hazards or health problems dangerous to public safety and welfare; or
(3) Having a tendency to depreciate the aesthetic and property values of surrounding properties;
(h) Wrecked or otherwise disabled or abandoned vehicles, except in cases of emergency and in no event for a period longer than five (5) days, and motors, equipment, and automotive parts or accessories stored anywhere other than within a fully enclosed space, carport, garage, or approved automobile wrecking yard; (i) Vehicles, trailers, recreational vehicles, and boats kept or stored in yard areas, other than on paved driveways installed in accordance with the City’s land use and development standards, where they are not screened from streets or highways; (j) The existence of rubbish, tin cans, or other waste matter of any type upon any alley, sidewalk or vacant lot within the City;
(k) Accessible conditions dangerous to children, including:
(1) Abandoned and broken equipment;
(2) Refrigerators or freezers with latching doors;
(3) Unprotected and/or hazardous pools, ponds and excavations; or (4) Neglected machinery;
(l) Broken or discarded furniture and household equipment on the premises for unreasonable periods and visible from the street or neighboring properties, and having a tendency to depreciate the aesthetic and property values of surrounding properties; (m) Boxes, lumber, trash, rubbish and other debris either inside or outside buildings and visible from public streets or neighboring properties for unreasonable periods, and having a tendency to depreciate the aesthetic and property values of surrounding properties;
(n) The accumulation of rubbish, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings; (o) Trash containers stored in front or side yards and visible from public streets except when placed in places of collection at the time permitted; (p) Keeping of property with a lack of adequate landscaping or ground cover sufficient to prevent blowing dust and erosion;
(q) Any device, decoration, design, graffiti, fence structure, clothes line, or vegetation, which is unsightly by reason of its condition or its inappropriate location; (r) The outside storage of building materials, machinery, or other material or equipment used in or for a business on any lot in any residential district, except during construction on the lot;
(s) The maintenance of signs and/or sign structures relating to uses no longer conducted, or products no longer sold on vacant commercial, industrial, or institutional buildings more than forty- five (45) days after such building becomes vacant; (t) The maintenance of any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches, broken steps, or other such deterioration or disrepair not otherwise constituting a violation, and which is visible from a public right-of-way or neighboring properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties;
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(u) The substantial lack of maintenance of grounds within the City, on which structures exist, where the grounds are visible by the public from a public right-of-way or neighboring properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties; (v) Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investment, and social and economic maladjustments that the capacity to generate taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein; (w) The maintenance of any yard, including any parkway as defined in § 7-3.03, which is visible from the public right-of-way without live and healthy grass and/or landscaping, or the failure to adequately irrigate such yard or parkway. If such yard or parkway is so maintained, the City may, pursuant to this chapter, abate such conditions and collect the costs thereof by any reasonable method, including the installation and maintenance of healthy grass and/or landscaping and/or an irrigation sprinkler system, as well as the continued utilization of such irrigation sprinkler system; (x) The maintenance of any vacant lot without live and healthy grass, landscaping, or screening combined with perimeter landscaping, where such lot is adjacent to an improved sidewalk and/or parkway;
(y) The existence of solid waste such as excessive animal feces or human waste of any kind;
(z) The presence of any abandoned shopping cart, to the extent not otherwise remedied by law.
(aa) Any condition that violates the requirements or provisions of this Code, any code adopted by reference by this Code, or any condition of any permit, license, or other entitlement issued pursuant to this Code.”
“Sec. 5-22.04. Notice of violation.
(a) If the Code Enforcement Director, or his or her designee, after investigation, believes that one (1) or more public nuisances exist on premises within the City, the Code Enforcement Director, or his or her designee, shall cause to be served upon the owner, lessee, occupant or person having charge of the affected premises, a Notice of Violation.

The Notice of Violation shall (i) list the conditions constituting a public nuisance, (ii) order the owner, lessee, occupant or person having charge of the affected premises to abate the nuisance or nuisances listed in the Notice of Violation, (iii) provide notice of the right to appeal the Notice of Violation under § 5-22.05, (iv) provide notice that the City may record the Notice of Violation with the San Bernardino County Recorder’s Office against the premises if the nuisance is not fully abated or corrected (with all required approvals, permits and inspections), as determined by the City, within the given deadline, and (v) provide notice of the City’s election to recover attorneys’ fees in accordance with § 5-22.06(c), if sought. The Notice of Violation shall provide a reasonable time in which the owner, lessee, occupant or person having charge of the premises may abate the nuisance or nuisances cited in the Notice of Violation. (b) Service of the Notice of Violation shall be made upon the owner, lessee, occupant or person having charge of the affected premises pursuant to divisions (b) or (c) of § 5-22.07 (Assessment of Costs).
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(c) Any property owner, lessee, occupant, or person having charge of the affected premises, shall have the right to have any such premises rehabilitated, or to have the cited nuisance or nuisances abated in accordance with the Notice of Violation, at his or her own expense, provided the same is done prior to the expiration of the abatement period set forth in the Notice of Violation. Upon such abatement in full, proceedings under this chapter shall terminate.
(d) To the extent such nuisance is not completely abated by the owner, lessee, occupant, or person having charge of the affected premises, as directed within the designated period of abatement, the Code Enforcement Director, or his or her designee, is authorized and directed to cause the same to be abated by City forces or private contract in any reasonable manner; and the Code Enforcement Director, or his or her designee, is expressly authorized to enter the affected premises for such purpose. Upon request of the designated official, other City departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.” “Sec. 5-22.07. Assessment of costs.
(a) To the extent the Code Enforcement Director, or his or her designee, determines that the public nuisance or nuisances cited in the Notice of Violation existed on the affected premises, and the cost of abatement of such nuisance or nuisances was reasonable, the Code Enforcement Director, or his or her designee, shall make a written order setting forth these findings and ordering that, if such costs are not paid within a specified period, the owner, lessee, occupant, or other person having charge of the affected premises, shall be personally liable for such costs. Upon resolution of the City Council, such costs shall be collected by:
(1) A lien on the affected premises pursuant to California Government Code § 38773.1; or
(2) A special assessment against the affected premises pursuant to California Government Code § 38773.5.
(b) If the City chooses to collect its abatement costs through a lien on the affected premises, the notices to the owner of the affected premises required by this chapter shall be served in the same manner as summons in a civil action pursuant to Code of Civil Procedure Part 2, Title 5, Chapter 4, Article 3 (commencing with § 415.10).

If the owner of record of the parcel of land on which the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current, after diligent search cannot be found, notices to the owner may be served by posting a copy thereof in a conspicuous place upon the affected premises for a period of ten (10) days, and publication thereof in a newspaper of general circulation, published in San Bernardino County pursuant to California Government Code § 6062. The lien shall be recorded in the San Bernardino County Recorder’s Office, and from the date of recording, shall have the force, effect, and priority of a judgment lien. The lien shall specify the amount of the lien, the name of the City as the agency on whose behalf the lien is filed, the date of the Notice of Violation and order of the City Council, the street address, legal description and assessor’s parcel number of the affected premises on which the lien is imposed, and the name and address of the recorded owner of the affected premises. In the event that the lien is discharged, released, or satisfied, either through payment or 378
foreclosure, notice of the discharge containing the information specified in the preceding sentence shall be recorded by the City. The lien and the release of the lien shall be indexed in the grantor-grantee index. The lien may be foreclosed by an action brought by the City for a monetary judgment.
(c) If the City chooses to collect its abatement costs through a special assessment, the notices required by this chapter shall be provided to the owner by certified mail, as determined from the County Assessor’s or County Recorder’s records.

Notice of the special assessment, and requests for a hearing regarding the special assessment, shall be in accordance with § 1-4.05 (Appeal Hearing for Special Assessments) of this Municipal Code.

The special assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties, and the same procedure and sale in case of delinquency as provided for ordinary City taxes. All laws applicable to the levy, collection and enforcement of City taxes shall be applicable to the special assessment. If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property, but instead shall be transferred to the unsecured roll for collection. The City may conduct a sale of vacant residential developed property for which the payment of such assessment made pursuant to this subdivision is delinquent. Notices or instruments relating to the abatement proceeding or special assessment may be recorded.
(d) All other notices required by this chapter shall be delivered by first class US Mail, postage prepaid to the recipient thereof.”
“Sec. 5-22.09. Recordation of Notice of Violation.
(a) If a violation has not been fully abated or corrected, as determined by the City, within the deadline set forth in a Notice of Violation, or within the deadline provided in a decision on an appeal of a Notice of Violation in the event of an appeal, then the City, in its sole discretion, may record the Notice of Violation with the San Bernardino County Recorder’s Office against said premises.
(b) The City shall record a Notice of Release of Notice of Violation with the San Bernardino County Recorder’s Office within 10 business days of its determination that a violation or a public nuisance has been fully abated or corrected with all required City approvals, permits, licenses and the passage of all City required inspections.” “Sec. 5-22.10. Emergency Action to Abate an Imminent Hazard. (a) Notwithstanding any provision of this Code to the contrary, an enforcement official may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the City may attempt to notify a responsible person of the imminent hazard and request its abatement by said person. The enforcement official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction. 379
(b) Within 10 business days, or as soon as reasonably possible thereafter, following emergency actions of City Personnel to abate an imminent hazard, the City shall serve any responsible person with a Notice of Emergency Abatement of an Imminent Hazard. The notice shall contain a brief description of the condition(s) and reasons why it constitutes an imminent hazard, the law prohibiting or pertaining to the imminent hazard, and the actions the City took to abate the imminent hazard. A Notice of Emergency Abatement may be appealed in the same manner as a Notice of Violation in accordance with the provisions of § 5-22.05. The City shall be entitled to recover its fees and costs for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this Chapter.”
SECTION 8. All existing provisions of the Ontario Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 9. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

SECTION 10. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 11. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 12. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
380
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
381

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. 3230 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3230 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
382
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTIONS 4-6.1009 AND 4-6.1016 OF
ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 4-6.1117 TO ARTICLE 1 of CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, AND ADDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO

MUNICIPAL CODE ADOPTING STANDARDS FOR OVERSIZED

VEHICLE PARKING AND FURTHER REGULATING
COMMERCIAL VEHICLES.

WHEREAS, California Vehicle Code Section 22507 authorizes the City of Ontario (“City”) to restrict or prohibit the stopping, parking, or standing of vehicles on local streets during all or certain hours of the day; and
WHEREAS, the general provisions governing stopping, standing, or parking for certain purposes or in certain places within the City are set forth in Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code; and
WHEREAS, the Police Department has received numerous complaints about the parking of commercial vehicles within the City’s jurisdiction, including along designated truck routes; and
WHEREAS, the Police Department has found that the current regulations related to commercial vehicle parking have not been effective at addressing the parking of commercial vehicles along the City streets; and
WHEREAS, the Ontario Municipal Code also does not specifically address oversized vehicle parking on public streets; and
WHEREAS, the Ontario Municipal Code does generally regulate vehicle parking on public streets in Section 4-6.1011, which states that “[n]o person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street, alley, or City-owned parking lot or parking facility for a period of seventy-two (72) or more consecutive hours”; and
WHEREAS, the Police Department has found that this regulation has not been effective at addressing oversized vehicle parking because a vehicle owner may move the vehicle and then re-park near the same area, thereby evading the restriction; and WHEREAS, the City wishes to amend the Ontario Municipal Code to address the parking of commercial vehicles alongside City streets and establish standards for oversized vehicle parking as well as a process to impose such restrictions; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
383

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

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

SECTION 2. Section 4-6.117. Commercial Vehicles is hereby added to the Ontario Municipal Code, to read, as follows:
“Sec.4-6.117. Commercial Vehicles
“Commercial Vehicle” shall have the same meaning as defined in Section 260 of the California Vehicle Code.”
SECTION 3. Section 4-6.1009(c) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(c) In industrial zones, it shall be unlawful for the owner or driver of any commercial vehicle, truck tractor and semitrailer or truck tractor exceeding a gross weight of five (5) tons to allow such vehicle, truck tractor and semitrailer or truck tractor to remain standing upon any street, alley or avenue.”
SECTION 4. Section 4-6.1009(d) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(d) On designated truck routes, it shall be unlawful for the owner or driver or any commercial vehicle, truck tractor and semitrailer or truck tractor exceeding a gross weight of five (5) tons to allow such vehicle, truck tractor and semitrailer or truck tractor to remain standing upon said designated truck route.”
SECTION 5. Section 4-6.1009(e) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(e) The operator of any commercial vehicle of legal weight may park said vehicle:
(1) While making pickups or deliveries of goods, wares and merchandise from or to any building or structure, for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure for which a building permit has previously been obtained therefor; or (2) When such vehicle is parked in connection with and in aid of the performance of a service to or on a property in the block in which said vehicle is parked. (3) When such vehicle is experiencing mechanical difficulties and the operator is waiting for roadside assistance to address such difficulties.” 384
SECTION 6. Section 4-6.1009(h) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(h) Within residential zoning districts and residential land use districts of specific plans, it is unlawful for the driver, owner, or operator or any large commercial vehicle to park, or cause to be parked, such vehicles on a public street or alley except:
(1) In connection with, and in aid to, the performance of a service on a property adjacent to where the large commercial vehicle is parked; (2) While loading and unloading goods, and the large commercial vehicle is allowed to remain parked until such work is completed;
For the purposes of this subsection, the term "large commercial vehicle" shall include, but not be limited to, large commercial vehicles, trailers, motor trucks, semi- trailers, or other large portable commercial equipment that exceeds a width of eighty (80) inches, or exceeds a height of seven (7) feet, or exceeds a length of twenty-five (25) feet.” SECTION 7. Section 4-6.1016. Removal of vehicles of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“Sec. 4-6.1016. Removal of vehicles.

In the event of the violation of the provisions of § 4-6.309 of Article 3, §§ 4-6.1003 through 4-6.1005, 4-6.1007, 4-6.1009, 4-6.1011, 4-6.1014 and 4-6.1020 of Article 10, § 4-6.1108 of Article 11, and §§ 4-6.1204 and 4-6.1207 of Article 12 of this chapter, the Police Department is hereby authorized to have the violating vehicles towed away and stored, and the owner, driver, or other person with a right of possession of the vehicle shall pay all lawful charges before the vehicle is returned, in addition to any fine or penalty imposed by the City by citation as well as any bail or fine imposed by the courts for the citation of the violation.”
SECTION 8. Section 4-6.1020. Oversized Vehicle Parking is hereby added to the Ontario Municipal Code, to read, as follows:
“Sec. 4-6.1020. Oversized vehicle parking
(a) Prohibition on Public Streets
No person shall park, or leave standing on any public street, alley or right of way in the city any oversized vehicle without properly displaying a valid oversized vehicle temporary parking permit.
(b) Definitions
(1) Oversized Vehicle: Any vehicle, whether motorized or nonmotorized, that exceeds twenty feet (20') in length, or eighty inches (80") in width or seventy eight inches (78") in height or that weighs more than six thousand (6,000) pounds (gross 385
vehicle weight). Any extension caused by any mirror or any accessory attached to such vehicle shall be considered part of the measured distance.

Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in Section 4-6.1020(a) of this article:
(i) Buses as defined in the California Vehicle Code;
(ii) Trailers, including boat trailers, and semitrailers, as these are defined in the California Vehicle Code, and standalone boats not connected to trailers; (iii) Trailer coaches as defined in the California Vehicle Code; and (iv) Recreational vehicles as defined in this article.
(2) Recreational Vehicle: A motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include:
(i) Camping Trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy;
(ii) Motor Home: A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy;
(iii) Slide-In Camper: A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper;
(iv) Travel Trailer: A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy. (c) Exemptions
The provisions of Section 4-6.1020(a) of this article shall not apply to any of the following:
(1) Any commercial vehicles. The parking of commercial vehicles shall be controlled by Section 4-6.1009 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code.
(2) Any ambulance, paramedic or public safety vehicle involved in responding to an emergency.
386
(3) Any vehicle being repaired under emergency conditions for less than eight (8) hours. For purposes of this section "emergency repairs" shall mean sudden and unexpected repairs occurring during transport of the vehicle. (4) Any vehicle belonging to federal, state or local authorities while conducting official government business.
(5) Any vehicle displaying a valid permit issued pursuant to Sections 4-6.1020(d) and (e) of this article.
(d) Temporary Parking Permits
The License Official, or his or her designee, shall issue a temporary parking permit to any resident of the City, for parking of an oversized vehicle that belongs to that resident, or a guest of the household in which such resident resides, provided the following conditions are met:
(1) The permit is obtained by a resident of the property in front of which the oversized vehicle will be parked in accordance with this article. (2) The oversized vehicle is parked on the street immediately adjacent to the property upon which the person requesting the permit resides. (3) The duration of the permit shall not exceed forty-eight (48) hours. (4) At the discretion of the License Official, or his or her designee, a permit may be issued for a period not to exceed seventy-two (72) hours to accommodate houseguests.
(5) No more than two (2) permits shall be issued for any specific oversized vehicle within any given calendar month. Permits may not be issued for consecutive periods, and there must be a minimum of forty-eight (48) consecutive hours between the issuance of permits for a specific property or a specific oversized vehicle. (6) The oversized vehicle shall not be used for overnight camping, lodging, residing in, or any use for accommodation purposes.
(7) The oversized vehicle shall not visibly block or obscure any existing safety or traffic control device, nor shall it be parked in such position that another's driveway approach is jeopardized, and it shall otherwise meet all other parking requirements for the street upon which it is parked.
(8) The oversized vehicle is not licensed, registered or used for commercial purposes.
(9) The License Official, or his or her designee, determines that the parking of the oversized vehicle would not create a public safety hazard. Such a determination may be made based on factors, including, without limitation, the size of the oversized vehicle, the configuration of the street or the location of any nearby driveways, trees, improvements or structures.
387
(e) Permit Restrictions
(1) It shall be unlawful for any person to whom a permit is issued pursuant to Section 4-6.1020(d) of this article to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration.
(2) It shall be unlawful for any person to borrow, buy or otherwise acquire for value or use or display any parking permit, except as provided for in Section 4-6.1020(d) of this article.
(3) Each permit issued pursuant to Section 4-6.1020(d) of this article shall be subject to all of the conditions and restrictions set forth in Section 4-6.1020(d) of this article. The issuance of such permit shall not be construed to be a permit for or approval of any violation of any provision of this code or any other law or regulation. (4) The issuance of a permit pursuant to Section 4-6.1020(d) of this article shall not be construed or interpreted as a warranty or representation by the city or its officials, officers or employees that the parking of any oversized vehicle is or is not in compliance with any other provision of law. Neither the enactment of this part nor the preparation or delivery of any permit pursuant thereto shall impose any mandatory duty upon the City, its officials, officers or employees to completely and accurately determine the safety of the parking of any oversized vehicle or impose any liability on the city, its officials, officers or employees regarding the same.
(5) The City Council may establish a reasonable permit fee by separate resolution to recover the City’s administrative costs in preparing and issuing permits. (f) Permit Display
Parking permits issued pursuant to Sec. 4-6.1020(d) of this article shall be clearly displayed on the oversized vehicle’s dashboard or windshield.” SECTION 9. Posting of Notice. Pursuant to California Vehicle Code Section 22507, and relevant case law, the City Traffic Engineer is hereby directed to place, or cause to be placed appropriate signs and/or markings giving adequate notice of the parking restrictions contained within this Ordinance.

SECTION 10. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

SECTION 11. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.
388
SECTION 12. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 13. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
389

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. 3231 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3231 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 15, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
390
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING SECTION 4-4.27 TO CHAPTER 4 OF TITLE 4 OF

THE ONTARIO MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE
PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE.

WHEREAS, the City of Ontario (“City”) has adopted by reference with certain amendments, additions, deletions, and exceptions, the 2019 California Fire Code with errata, incorporating therein the 2018 International Fire Code as published by the International Code Council and adopted by the California State Building Standards Commission (hereinafter referred to as the “Ontario Fire Code”) for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion; and
WHEREAS, violations of the Ontario Fire Code are subject to criminal and civil penalties as outlined in Chapter 2 of Title 1 of the Ontario Municipal Code; and WHEREAS, Government Code section 53069.4 authorizes the City to issue administrative citations to enforce its ordinances in addition to criminal, civil or other legal remedies established by law, which may be pursued to address violations of the Ontario Municipal Code; and
WHEREAS, it is the intent of the City to allow violations of the Ontario Fire Code, at its discretion, to be addressed through the institution of a criminal action, a civil action, or administrative action; and
WHEREAS, the City wishes to add Section 4-4.27 to the Ontario Municipal Code to establish administrative penalties for violations of the Ontario Fire Code as well as a process to impose such penalties; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. Section 4-4.27. Administrative fines is hereby added to the Ontario Municipal Code, to read, as follows:
“Sec. 4-4.27. Administrative fines
(a) In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as defined below:
391
(1) A fine not exceeding one hundred dollars ($100.00) for the first occurrence of each separate violation of the Ontario Fire Code; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation of the same Ontario Fire Code provision within one (1) year from the date of the first violation.
(3) A fine not exceeding one thousand dollars ($1,000.00) for a third or more violation(s) of the same Ontario Fire Code provision within one (1) year from the date of the first violation.
(b) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. To the extent there are any conflicts between the provisions of the two chapters, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter.

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

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

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

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
392
PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
393

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. 3232 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3232 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
394
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1019, “RESTRICTED PARKING FOR STREET SWEEPING SERVICES,” OF THE CITY’S MUNICIPAL

CODE TO PROVIDE FOR RESTRICTED PARKING FOR PURPOSES OF
TRASH COLLECTION.

WHEREAS, California Vehicle Code section 22507 permits local authorities to restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, during all or certain hours of the day; and
WHEREAS, on July 6, 2021, the City of Ontario adopted Ordinance No. 3188, adding Section 4-6.1019 to Article 10 of Chapter 6 of Title 4 to establish parking restrictions on public streets for street sweeping; and WHEREAS, the City Council now wishes to amend Section 4-6.1019 of the City’s Municipal Code to reference the City’s ability to further prohibit parking on certain streets or highways, or portions thereof, due to scheduled trash collection services in addition to street sweeping; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. The City Council hereby amends Section 4-6.1019 of the City of Ontario’s Municipal Code to read in full as follows (deletions are marked in strikethrough, and additions are marked in underline):
“Sec. 4-6.1019. Restricted parking for street sweeping and trash collection services. (a) When the City Council determines the stopping, standing or parking of any vehicle upon any street, or portion of the street, impedes street sweeping and/or trash collection services and affects public health, safety and welfare, a restricted parking area may be established within the City.
(b) The Public Works Agency Executive Director is authorized to establish a process for public input to propose designated restricted parking zones for street sweeping or trash collection services.
(c) The City Council may establish a designated restricted parking zone for street sweeping and trash collection services by resolution.
395
SECTION 3. Signage. The City Manager shall cause appropriate signage to be posted on each street on which parking is restricted for the purpose of street sweeping or trash collection services. The signage shall be in accordance with the requirements of Vehicle Code section 22507 and shall set forth the days and hours during which parking is prohibited for the purpose of street sweeping or trash collection. The parking restrictions established in this Ordinance shall become effective upon posting of the signage.

SECTION 4. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 5. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022.

PAUL S. LEON, MAYOR
396
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
397

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. 3233 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3233 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
398
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 6, “TRANSIENT OCCUPANCY
TAXES,” OF TITLE 3 OF THE ONTARIO MUNICIPAL CODE.

WHEREAS, the City of Ontario (“City”) currently imposes an 11 and ¾ percent transient occupancy tax (“TOT”) for the privilege of occupying a hotel in the City, and otherwise regulates the imposition of and exceptions to the TOT through Chapter 6 of Title 3 of the Ontario Municipal Code (“OMC”).

WHEREAS, the City desires to amend the current TOT provisions to clarify that:
(a) The Executive Director of Finance, or an authorized representative, is the “Tax Administrator” for TOT purposes;
(b) Minors may not rent rooms in a hotel, unless such minor is accompanied by a parent or legal guardian;
(c) Each manager or person in control of a hotel must keep a register of transient guests, which is subject to reasonable City staff or law enforcement inspection; (d) Operators must report the total rents charged and remit the TOT tax due to the City each month, rather than quarterly;
(e) Hourly rates are prohibited, and rates must be conspicuously posted and charged at the posted rate only;
(f) Certain civil and criminal penalties may apply to persons in violation of the Chapter;
(g) Operators must keep records in conformance with standards developed by the City’s Tax Administrator, and the Tax Administrator will have the right to inspect such records at all reasonable times;
(h) The Tax Administrator may conduct an audit to ensure compliance with the Chapter, pursuant to certain procedural requirements;
(i) The City may record unpaid fines, penalties, and related costs as a lien upon and against the hotel subject to notice as required by law; (j) Any cessation in business or transfer of ownership triggers certain noticing and payment obligations;
(k) The Tax Administrator is given additional powers and duties, including to adopt administrative rules and regulations consistent with the OMC, and to make administrative agreements that act as a variance from the strict requirements of Chapter 6 of Title 3 of the OMC.
399
WHEREAS, the proposed ordinance is beneficial to the public health, safety, and general welfare of the community, as it clarifies performance standards, reporting obligations, and enforcement outcomes applicable to the payment and audit of TOTs in the City, which impact residents who benefit from the services funded by the TOTs; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. Chapter 6 of Title 3 of the OMC is hereby amended in full to read as set forth in “Exhibit A,” attached hereto and made a part hereof by this reference (additions are marked in underline, and deletions are marked in strikethrough).

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

SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
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PASSED, APPROVED, AND ADOPTED this ____ day of ________ 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
401

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. 3234 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3234 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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EXHIBIT A
City of Ontario
CHAPTER 6: TRANSIENT OCCUPANCY TAXES
3-6.01 Title of provisions
3-6.02 Definitions
3-6.03 Tax imposed
3-6.04 Exemptions from provision
3-6.05 Operator's duties
3-6.06 Letting of room to minors – prohibited - Exceptions 3-6.067 Hotel registration and certificate
3-6.08 Guest Registration
3-6.079 Reporting and remitting
3-6.10 Room rates and regulations – Hourly rates prohibited 3-6.0811 Penalties and interest
3-6.0912 Failure to collect and report tax
3-6.1013 Appeals
3-6.114 Recordkeeping and inspection
3-6.125 Refunds
3-6.136 Actions to collect
3-6.14 Violations of provisions
3-6.17 Cessation or change of ownership
3-6.18 Additional powers and duties of the Tax Administrator Sec. 3-6.01. Title of provisions.

This chapter shall be known as the “Uniform Transient Occupancy Tax Law” of the City.

Sec. 3-6.02. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Hotel” shall mean any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, vacation rental, short- term rental, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure, or portion thereof. 403
(b) “Occupancy” shall mean the use or possession, or the right or entitlement to the use or possession, of any room or rooms, or portion thereof, in any hotel or hotels for dwelling, lodging, or sleeping purposes.
(c) “Operator” shall mean the person who is the proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character, other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent, however, shall be considered to be compliance by both. (d) “Person” shall mean any individual, short-term renter, vacation renter, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
(e) “Rent” shall mean the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, and services of any kind or nature, without any deduction therefrom whatsoever.
(f) “Tax Administrator” shall mean the License Official Executive Director of Finance of the City of Ontario, or his or her authorized representative. (g) “Transient” shall mean any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) consecutive calendar days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Any individual person who exercises or is entitled to occupancy for a period of thirty (30) consecutive calendar days or less shall be deemed to be a transient, regardless of whether the reservation and/or payment for occupancy is made directly by the person exercising occupancy or another person, or entity. The intent is to tax the individual person occupying, or having the right or entitlement to occupancy, the hotel room. “Transient” includes any employee or officer of the State government or of the government of a political subdivision of the State. “Transient” does not mean or include any Federal officer or employee when on official Federal government business, or any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty, who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.

For purposes of this definition, the exercise of or entitlement to occupancy shall be evidenced by any of the following:
(1) A person’s signature on a hotel registration card or form, a hotel invoice or receipt, or any other document associated with a person's occupancy in a hotel; and/or 404
(2) A person providing identification to hotel staff as proof of employment, membership, or affiliation with any person as a condition of or in connection with exercising occupancy in a hotel.

In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the provisions of this chapter may be considered.

Sec. 3-6.03. Tax imposed.

For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of eleven and three-quarters percent (11¾%) of the rent charged by the operator. Such tax shall constitute a debt owed by the transient to the City, which debt shall be extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the License Official Tax Administrator may require that such tax shall be paid directly to the License Official City.

Sec. 3-6.04. Exemptions from provision.
(a) No tax shall be imposed upon:
(1) Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax provided for in this chapter; and (2) Any Federal officer or employee when on official Federal government business, or any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty, who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.
(b) No exemption shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the License Official Tax Administrator. Any Federal officer or employee when on official federal government business claiming such an exemption shall provide to the operator as conclusive evidence that his or her occupancy is for the official business of his or her employer:
(1) Travel orders from his or her government employer; or a government warrant issued by his or her employer to pay for the occupancy; or a government credit card issued by his or her employer to pay for the occupancy; and (2) Photo identification, proof of his or her governmental employment as an employee or officer as described in subsection (b)(1), and proof, consistent with these provisions, that his or her occupancy is for the official business of his or her governmental employer.

Sec. 3-6.05. Operator's duties.
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Each operator shall collect and hold in trust for the account and benefit of the City the tax imposed by the provisions of this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged.

No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax, or any part thereof, will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this chapter.

Sec. 3-6.06. Letting of room to minors – Prohibited - Exceptions.

Letting of rooms to minors shall be prohibited. Any person or corporation owning, controlling or managing any hotel in the City, who rents or lets any room or rooms to, or allows any room or rooms to be occupied by any minor under the age of eighteen (18) years, unless such minor is accompanied by his or her parent, parents, or legal guardian, shall immediately by telephone, and within twenty-four (24) hours by written report, notify the Ontario Police Department of such fact.

Sec. 3-6.067. Hotel Rregistration and certificate.

On or before May 6, 1965, or within thirty (30) days after commencing business, whichever is later, each operator of any hotel renting an occupancy to transients shall register such hotel with the License Official Tax Administrator and obtain from him the Tax Administrator a “Transient Occupancy Registration Certificate.” Any operator that operates a hotel within the City shall at all times post the certificate in a conspicuous place on the hotel premises. All other operators shall maintain a copy of the certificate at their place of business, as indicated on the certificate. Such certificate shall, among other things, set forth the following information:
(a) The name and address of the operator;
(b) The address of the hotel (if the operator operates a hotel within the City); (c) The date upon which the certificate was issued; and (d) A statement as follows: “This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Law by registering with the License Official Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting such tax to the License Official City. This certificate shall not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any board, commission, department, or office of this City. This certificate shall not constitute a permit.

Sec. 3-6.08. Guest registration.
(a) Every manager or person in control of any hotel in the city shall keep a register for the registration of transient guests. The guest register shall at all times be open and 406
subject to reasonable inspection by city officials or by any law enforcement officer in the City.
(b) Guests Must Register. No person in control of any hotel in the city shall let or assign for temporary or transient occupancy any suite, room or bed in that hotel, to any person until after such person shall have registered his or her name and address in the register herein provided to be kept, and thereafter such register shall be made to show correctly the year, month, day and hour of the arrival of such person at the hotel and the number of the suite or room let or assigned to such guest; and such person in control of such hotel or the letting of any suite, room or bed therein shall at the time of the departure of each guest, endorse upon such register the date of such departure, nor shall any person erase or alter any name or address written in such register. (c) Registration Information Required. The operator of any hotel shall keep a register on forms approved by or supplied by the City, of the names and home or business addresses of all persons to be accommodated with the length of stay indicated. At the time of registration, the operator or his or her employee shall verify the identification of the registrant by requesting to see, and copying onto the registration form any of the following: the registrant’s valid driver’s license number, the registrant’s valid military identification, the registrant’s valid passport number and country of issuance. The operator or his or her employee must also include on the registration forms the make, type and license number of the registrant’s automobile, trailer or other vehicle, and the state in which such vehicle is registered and the year of registration, for any vehicle that is parked on the premises. Hotels that can demonstrate that they take sufficient reasonable steps to control access to and from parking areas on the premises shall not be required to include this information on registration forms. Such sufficient reasonable steps to control access to and from parking areas shall include, but not be limited to, valet parking, automated access gates, and parking attendants. (d) Pre-Arrival Registration. In the event that the hotel utilizes a pre-arrival registration or approval procedure that obviates the requirement for an arriving guest to go to the front desk and provide information typically required as part of the hotel’s customary registration process, the hotel shall not be required to comply with subsection (c) of this section; provided, however, that the hotel’s pre-arrival registration or approval procedure must be submitted to and approved by the Tax Administrator, and the facility must obtain such guest related information of the type specified in subsection (c) as the Tax Administrator might reasonably require.
(e) Illegal Registration. No person shall register at any hotel in the city, under the name of any other person, or by any assumed, false or fictitious name. No person placing any information required by this section shall falsely or inaccurately state such information.

Sec. 3-6.079. Reporting and remitting.

Each operator shall, on or before the last day of the month following the close of each calendar quarter month, or at the close of any shorter reporting period which may be established by the License Official, make a return to the License Official Tax 407
Administrator, on forms provided by him or her, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the License Official City. The License Official Tax Administrator may establish shorter reporting periods for any certificate holder if he or she deems it necessary in order to ensure collection of the tax, and he or she may require further information in the return. Returns and payments shall be due immediately upon cessation of business for any reason. Returns and payments submitted by United States mail or other mail delivery service shall be deemed to have been made as of the date post marked. Returns and payments submitted electronically Monday through Friday before 5:00 p.m., shall be deemed to have been paid that same day. Returns and payments submitted electronically Monday through Friday after 5:00 p.m., shall be deemed to have been paid the following calendar day. Returns and payments submitted electronically Friday after 5:00 p.m., Saturday, Sunday, or any day in which the City is closed for business, shall be deemed to have been paid the next business day. Any payment received after the due date, regardless of weekend or holiday, will be considered late, with penalties and interest applying. All taxes collected by operators pursuant to the provisions of this chapter shall be held in trust for the account of the City until payment thereof is made to the License Official City.

Sec. 3-6.10. Room rates and regulations – Hourly rates prohibited. (a) Posting of Rates. Every manager or person in control of a hotel in the city shall post in a conspicuous place on the premises a printed statement of the specific charge or rate of charges by the day, week or month to be charged for said room or rooms. (b) Charges in Excess of Rates Posted—Prohibited. No charge or sum shall be collected or received by any manager or person in control of a hotel for any greater sum than entitled to under the statement of charges or rates posted. (c) Posting of Rules and Regulations of Establishments. Every manager or person in control of a hotel is required to post in a conspicuous place on the premises a printed statement of the general rules and regulations of said hotel. (d) Hourly Rates. No person or business providing transient sleeping accommodations in any hotel shall charge or accept money or other consideration by an hourly rate or any rate less than that which is charged or accepted for one full day’s accommodations within any twenty-four (24) hour period.

Sec. 3-6.0811. Penalties and interest.
(a) Original delinquency. Any operator who shall fail to report and remit any tax imposed by the provisions of this chapter within the time required shall pay a penalty in the amount of one-half of one percent (0.5%) per day of the tax due and owing in addition to the amount of the tax, up to thirty (30) days following the date on which the remittance first became delinquent.
(b) Continued delinquency. Any operator who shall fail to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the 408
remittance first became delinquent shall pay a second delinquency penalty in the amount of ten percent (10%) of the tax due and owing in addition to the amount of the tax and the one-half of one percent (0.5%) penalty, up to thirty (30) days, first imposed pursuant to subsection (a).
(c) Fraud. If the License Official Tax Administrator shall determine that the non- payment of any remittance due pursuant to the provisions of this chapter is due to fraud, a penalty in the amount of twenty five percent (25%) of the amount of the tax due and owing shall be added thereto in addition to the penalties set forth in subsections (a) and (b) of this section.
(d) Interest. In addition to the penalties imposed, any operator who shall fail to remit any tax imposed by the provisions of this chapter shall pay interest at the rate of one-half of one percent (0.5%) per month, or fraction thereof, on the amount of the tax due and owing, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
(e) Penalties and interest merged with tax. Every penalty imposed and such interest as accrues pursuant to the provisions of this section shall become a part of the tax required to be paid by the provisions of this chapter.
(f) Civil Penalties. Any violation of this chapter, and any failure to pay assessed penalties, delinquencies, or interest specified herein may result in alternative remedies, such as referral to a collection agency, civil action, or any other legal remedy. (g) Criminal Penalties. In addition to the penalties, delinquencies, interest, or other consequences set forth in subsections (a) through (e) above, any operator who fails or refuses to collect the tax, fails or refuses to make any return, fails or refuses to keep adequate records or open them up for inspection by the city, fails or refuses to furnish other data reasonably requested by the tax administrator, or makes a false or fraudulent return with intent to evade the tax, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished pursuant to Ontario Municipal Code Chapter 1-2 (Penalty Provisions). Each and every day during any portion of which any violation is committed, continued, or permitted, shall constitute a separate offense and shall be punished accordingly.
(h) Waiver. Notwithstanding any provision in this chapter to the contrary, the tax administrator may waive any penalty or interest, or any portion thereof, imposed upon a person required to collect and/or remit for failure to collect the tax imposed by this chapter if the non-collection occurred in good faith. In determining whether the non collection was in good faith, the tax administrator will take into consideration industry practice or other objective precedents.

Sec. 3-6.0912. Failure to collect and report tax: Determination by License Official. (a) Determination. If any operator shall fail or refuse to collect such tax and to make, within the time provided in this chapter, any report and remittance of such tax, or any portion thereof, required by the provisions of this chapter, the License Official Tax Administrator shall proceed in such manner as he or she may deem best to obtain the 409
facts and information on which to base his or her estimate of the tax due. As soon as the License Official Tax Administrator shall procure such facts and information as he or she is able to obtain upon which to base the assessment of any such tax imposed by the provisions of this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the License Official Tax Administrator shall proceed to determine and assess against such operator the tax, interest, and penalties provided for by the provisions of this chapter. In the event such determination is made, the License Official Tax Administrator shall give notice of the amount so assessed by serving it personally or depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his or her last known place of address. (b) Hearing. Such operator may, within ten (10) days after the service or mailing of such notice, make an application in writing to the License Official Tax Administrator for a hearing on the amount assessed. If an application by the operator for a hearing is not made within the time prescribed, the tax, interest, and penalties, if any, determined by the License Official Tax Administrator shall become final and conclusive and immediately due and payable. If such an application is made, the License Official Tax Administrator shall give not less than five (5) days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in such notice why the amount specified therein should not be fixed for such tax, interest, and penalties. At such hearing the operator may appear and offer evidence why such specified tax, interest, and penalties should not be so fixed. After such hearing the License Official Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest, and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is filed as provided in § 3-6.10 of this chapter.

Sec. 3-6.1013. Appeals.

Any operator aggrieved by any decision of the License Official Tax Administrator with respect to the amount of such tax, interest, and penalties, if any, may appeal to the City Manager, or his or her designee, Council by filing a notice of appeal with the City Clerk within fifteen (15) days after the service or mailing of the determination of the tax due. The City Manager, or his or her designee Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his or her last known place of address. The findings of the City Manager, or his or her designee Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

Sec. 3-6.1114. Recordkeeping and inspections.
(a) It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by the provisions of this chapter to keep and preserve, for a period of three (3) four (4) years, all records as may be necessary to determine the amount of such tax as he the operator may have been liable for the collection of and payment to the City., which records the License Official shall have the right to inspect at all reasonable 410
times. All records shall be maintained in conformance with standards set forth by the Tax Administrator. The Tax Administrator shall have the right to inspect such records at all reasonable times.
(b) Any audit which must be performed to secure compliance with the terms of this section is to be performed in the city of Ontario. If for any reason the audit cannot be performed in Ontario, the operator shall reimburse the City for the actual cost of all transportation, lodging, meals, travel time and other incidental costs reasonably incurred by the City in conducting the audit.
(c) The Tax Administrator may conduct an audit, to ensure proper compliance with the requirements of this chapter, of any person required to collect and/or remit a tax pursuant to this chapter. The Tax Administrator shall notify said person of the initiation of an audit in writing. In the absence of fraud or other intentional misconduct, the audit period of review shall not exceed a period of four (4) years next preceding the date of receipt of the written notice by said person from the Tax Administrator. Upon completion of the audit, the Tax Administrator may make a deficiency determination pursuant to Section 3-6.09 of this chapter for all taxes, penalties and interest owed and not paid, as evidenced by information provided by such person to the Tax Administrator. If said person is unable or unwilling to provide sufficient records to enable the Tax Administrator to verify compliance with this chapter, the Tax Administrator is authorized to make a reasonable estimate of the deficiency. Said reasonable estimate shall be entitled to a rebuttable presumption of correctness.

Sec. 3-6.1215. Refunds.
(a) Claim. Whenever the amount of any tax, interest, or penalty has been overpaid, or paid more than once, or erroneously or illegally collected or received by the City pursuant to the provisions of this chapter, such amount may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the License Official Tax Administrator within one (1) year after the date of payment. The claim shall be on forms furnished by the License Official Tax Administrator. (b) Operator’s Compensation. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the License Official Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) Transient’s Compensation. A transient may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection (a) of this section but only when the tax was paid by the transient directly to the License Official Tax Administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the License 411
Official Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax.
(d) Evidence. No refund shall be paid pursuant to the provisions of this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto.
(e) Eligibility. The Tax Administrator shall determine the eligibility of any person who asserts a right to a refund from the tax imposed by this chapter.

Sec. 3-6.1316. Actions to collect.
(a) Collection. Any tax required to be paid by any transient pursuant to the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City pursuant to the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount.
(b) Liens. When the fines, penalties, and related costs are not paid within the prescribed time, the amount of those fines, penalties, and their related costs may be recorded as a lien upon and against the hotel without further hearing, subject to notice of the lien as required by law.

Sec. 3-6.14. Violations of provisions.

No person shall fail or refuse to register as required by this article, or to furnish any return required to be made by this article, or to fail or refuse to furnish a supplemental return or other data required by the License Official pursuant to this article. No person shall make a false or misleading statement on any return or claim required or permitted to be made by the provisions of this article.

Sec. 3-6.17. Cessation or change of ownership.
(a) Cessation of Business. If any operator liable for any amount under this chapter sells out, transfers, or quits his or her business, he or she shall make a final return and remittance within fifteen (15) days after the date of selling or quitting the business. (b) Duty of Successor, Assignee, or Transferee. If any operator liable for any amount of tax, interest or penalty under this chapter sells out, transfers, or quits his or her business, his or her successors, assigns, or transferees shall withhold sufficiently from the purchase price to cover such amount until the former owner produces from the tax administrator either a receipt reflecting full payment or a certificate stating that no amount is due. If a purchaser of a business fails to withhold from the purchase price as required, he or she shall be personally liable for the payment of the amount required to be withheld by him or her to the extent of the purchase price.

Sec. 3-6.18. Additional powers and duties of the Tax Administrator. 412
(a) General. The Tax Administrator shall have the power and duty, and is hereby directed, to enforce each and all of the provisions of this chapter. (b) Administrative Rules, Regulations and Discretion. The Tax Administrator may adopt administrative rules and regulations not inconsistent with provisions of this chapter for the purpose of interpreting, clarifying, carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. The administrative ruling shall not impose a new tax, revise an existing tax methodology as stated in this section, or increase an existing tax, except as allowed by California Government Code Section 53750(h)(2), as may be amended or renumbered from time to time. A copy of such administrative rules and regulations shall be on file in the Tax Administrator’s office. To the extent that the Tax Administrator determines that the tax imposed under this chapter shall not be collected in full for any period of time from any particular operator or transient, that determination shall be considered an exercise of the Tax Administrator’s discretion to settle disputes and shall not constitute a change in taxing methodology for purposes of Government Code Section 53750 or otherwise. The Tax Administrator is not authorized to amend the City’s methodology for purposes of Government Code Section 53750 and the City does not waive or abrogate its ability to impose the Transient Occupancy Tax in full as a result of promulgating administrative rulings or entering into agreements. (c) Administrative Agreements. Upon a proper showing of good cause, the Tax Administrator may make administrative agreements, with appropriate conditions, to vary from the strict requirements of this chapter and thereby:

1. Conform to the billing procedures of a particular operator so long as said agreements result in the collection of the tax in conformance with the general purpose and scope of this chapter; or

2. To avoid a hardship where the administrative costs of collection and remittance greatly outweigh the tax benefit. A copy of each such agreement shall be on file in the Tax Administrator’s office, and are voidable by the Tax Administrator or the City Manager at any time.
(d) Compromise Limits. The Tax Administrator, with the written approval of the City Attorney, may compromise a claim pursuant to this chapter where the portion of the tax proposed to be released is less than five thousand dollars (5,000.00); and, with the approval of the City Attorney and the City Council, may compromise such a claim where the portion of the tax proposed to be released is equal to or greater than five thousand dollars (5,000.00).
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW SECTION 5.03.363, “SHORT TERM
RENTALS,” TO DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO

DEVELOPMENT CODE, IMPLEMENTING REGULATIONS FOR THE
SHORT TERM RENTAL OF PROPERTY IN THE CITY.

WHEREAS, the growing popularity of “home-sharing” and other short-term vacation rentals, through the use of websites such as Airbnb, VRBO, and Homeaway, allow individual homeowners, landlords, and tenants to list homes, apartments, and rooms for rent at the price and duration of their choosing; and WHEREAS, the City Council finds that unregulated “home-sharing” and use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and
WHEREAS, the City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the character of residential neighborhoods; and
WHEREAS, the proposed ordinance is beneficial to the public health, safety, and general welfare of the community as it establishes performance standards to ensure the compatibility between short-term vacation rentals and the residential character of neighborhoods in which they may be located; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

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

SECTION 2. A new Section 5.03.363, “Short Term Rentals,” is hereby added to Division 5.03 of Chapter 5 of the Ontario Development Code, to read in full as follows:
“5.03.063: Short Term Rentals
A. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:

1. Booking transaction means any reservation or payment service provided by a person who facilitates a short-term rental, home sharing, or similar transaction between a prospective guest and a host.
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2. Director means the finance director of the City of Ontario.

3. Dwelling unit means a structure or portion thereof which is used for human habitation.

4. Guest means a person who rents a short-term rental for a period of less than 30 days.

5. Group means a single guest or any number of guests who are occupying a short-term rental on a single rental agreement.

6. Host means a person engaged in providing short-term rental at their primary residence.

7. Hosted stay means short-term rental activity whereby the host remains on the site of his or her primary residence throughout the duration of the guest’s stay, expect during daytime and/or work hours.

8. Hosting platform means a marketplace in whatever form or format which facilitates the short-term rental activity, through advertising, match-making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

9. Primary residence means the dwelling unit used as the permanent residence or usual place of return for housing by the host. A person may have only one primary residence.

10. Short-term rental means a dwelling unit, or any portion thereof, that is rented by the host to another party for a period of not more than 30 consecutive days in exchange for any form of monetary or non-monetary consideration, including trade, fee, swap or any other consideration in lieu of cash payment. Hosted stays, Un-hosted stays, and vacation rentals are types of short-term rental.

11. Transient occupancy taxor “TOT” means the tax imposed on occupancies of 30 consecutive calendar days or less under Chapter 6 of Title 3 of the Ontario Municipal Code.

12. Un-hosted staymeans a short-term rental activity whereby the host remains off the site of his or her primary residence-site for some or all of the duration of the guest’s stay.

13. Vacation rental means a dwelling unit that is not a primary residence, and which is available for temporary lodging, for compensation or any form of consideration.

The term “vacation rental” shall not include: single-room occupancy buildings, bed and breakfast inns, hotels, a dwelling unit for which a tenant has a month-to-month rental agreement and the rental payments are made on a monthly basis, or corporate housing. 415
B. Permit required for authorized short-term rental
No person, either for themselves or any other person, shall cause, allow, conduct, permit, maintain, or facilitate short-term rental at any dwelling unit within the city without first obtaining a short-term rental permit pursuant to this chapter, and complying with all other applicable provisions of this code. A short-term rental permit shall only be issued to authorize hosted stays and un-hosted stays. Vacation rentals are prohibited.

C. Permit application
To apply for a short-term rental permit, a person seeking to become a host must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

1. The legal name, current address and telephone number of the applicant;

2. Address of the short-term rental property, and if applicable, location telephone number;

3. An index of all residents of the property with name and date of birth, juveniles may be listed by title and age only;

4. A diagram of the property indicating areas intended for use as short-term rental;

5. Documentation indicating the number of bedrooms within the dwelling unit, such as a record from the County Assessor’s Office;

6. A parking plan indicating sufficient lawful parking on the property for all vehicles belonging to residents and one additional space for each bedroom of the house to be used for short-term rental;

7. A copy of a valid business license issued pursuant to Chapter 1 of Title 3 of the Ontario Municipal Code;

8. A home occupation permit pursuant to Section 5.03.240 of the Ontario Development Code is not required;

9. Emergency contact information for 24-hour response within 30 minutes;

10. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

11. Documentation establishing that the dwelling unit proposed to be used as a short-term rental is the host’s primary residence. Such documentation shall include at least two of the following and be in the name of the host: Motor vehicle registration, driver’s license, voter registration, or tax documents showing the residential unit as the residence of the host;
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12. Two passport size photographs of the applicant; and

13. Any other information required by regulations promulgated pursuant to this chapter or deemed necessary by the director.

D. Application investigation and criteria for approval or denial or permit Upon receipt of a completed application, the director, or his or her designee, shall cause an investigation of the applicant and the application as submitted. The investigation shall be completed in a timely manner as follows and the applicant shall be notified of the result in writing in a timely manner:

1. The applicant shall be required to pay the established fees for such service in addition to the permit fee.

2. Inspection of the property by city staff shall be scheduled within 30 days of application.

3. If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 5.03.063.D., and no grounds for denial exist, the application shall be approved, and a short-term rental permit shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the director or his or her designee.

4. A short-term rental permit application may be denied for any of the following reasons:
a. Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail; b. The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; c. The applicant is delinquent in payment of any city or county taxes, fines, or penalties in relation to short-term rental;
d. The applicant has previously held a short-term rental permit which was revoked by the city during the year prior to the application; e. The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this chapter; or f. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 5.03.063.I.

If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant.
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E. Permit expiration and renewal
A short-term rental permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the first anniversary date of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active short-term rental permit and upon successfully completing an inspection by city staff. The applicant shall be required to pay the administrative fee for the permit renewal fee in the amount established by city council resolution at the time the renewal application is filed. Failure of the applicant to submit a complete application prior to the expiration date of the existing short-term rental permit shall be a basis for denial of the renewal.

F. Permit revocation
The director may revoke a short-term rental permit issued to a short-term rental host for a third or subsequent violation of this chapter within any period of time or for any violation of Chapter 6 of Title 3 of the Ontario Municipal Code relating to transient occupancy tax.

A short-term rental host whose permit is revoked may apply for a new short-term rental permit one year after the revocation of the permit.

G. Appeals
Any person whose short-term rental permit is denied or revoked may file an appeal of the decision in writing with the city clerk within 15 days following the date of the director’s decision stating the grounds for said appeal. The appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city clerk shall schedule an appeal hearing with the city manager or his or her designee within 15 days of an appeal being filed. The decision of the city manager or the designee shall be final.

H. Permits nontransferable
A short-term rental permit granted pursuant to this chapter shall not be transferable to another person, parcel number, or to another property owner. Said permit shall not run with the land or property to which it applies.

I. Operating requirements
[
Short-term rental hosts shall comply with the following requirements:

1. The host shall be:
a. The property owner or the spouse, parent, or adult child of the property owner.
b. A tenant of the property who has occupied the property as his or her primary residence prior to making application for a short-term rental permit and who has submitted written authorization from the property owner to operate short-term rental at the residence.
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2. The dwelling unit shall be the primary residence of the host.

3. The dwelling unit must be located within zones AR-2, RE-2, RE-4, LDR-5, MDR-11, MDR-18, MDR-25, HDR-45, MU-1, LUA-3, MU-2, and MU-11. Dwelling units are not permitted to be used as short-term rentals in any other zones.

4. All advertising for the dwelling unit as a short-term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the city, a street-view photo of the front of the house and the maximum number of guests based on the occupancy limit set forth in subsection I.5.

5. The dwelling unit’s occupancy, including the host, other residents of the dwelling unit, and guests, during a short-term rental shall not exceed two times the number of bedrooms of the dwelling unit.

6. The short-term rental permit shall be conspicuously displayed in each area of the dwelling unit available for occupancy.

7. Any accessory dwelling unit subject to a covenant that specifically prohibits rentals of 30 days or less may not be used as a short-term rental.

8. A single dwelling unit shall be limited to two groups of any number concurrently or two concurrent booking transactions.

9. The short-term rental shall comply with all applicable provisions of this Code and State law.

10. Conditions that cause a public nuisance, as defined by this code or state law, are prohibited at the dwelling unit during a short-term rental.

11. Un-hosted stays shall be limited to a total of 90 days within a calendar year at the same dwelling unit. Hosted stays shall not be limited.

J. Hosting platform requirements

1. Hosting platforms shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered a managing agent of the host for purpose of TOT collections and remittance responsibilities as set forth in Chapter 6 of Title 3 of the Ontario Municipal Code.

2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each short-term rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay.

3. Hosting platforms shall require hosts to include the city-issued registration number in their listing(s), in a format designated by the city. Upon notice from the city that a listing is non-compliant, hosting platforms shall cease any short-term rental booking transactions for said listing(s) within five business days. A hosting platform shall not 419
complete any booking transaction for a residential property or unit subject to a city notice until notified by the city that the residential property or unit is in compliance with the local registration requirement.

4. Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered short-term rental, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the dwelling unit.

5. A hosting platform operating exclusively on the internet, which operates in compliance with subsections 1., 2., 3., and 4. above, shall be presumed to be in compliance with this chapter.

6. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).

K. Enforcement and penalties.

1. Operating a short-term rental without a valid short-term rental permit and business license is prohibited. Advertising shall be considered prima facie evidence of operation. Additional evidence of operation may include, but shall not be limited to, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the city.

2. A violation of this chapter shall constitute a public nuisance, which may be abated by any means provided by law, including, but not limited to, injunctive relief, issuance of administrative fines pursuant to Chapter 2 of Title 1 of the Ontario Municipal Code, and shall also constitute a misdemeanor punishable pursuant to Chapter 2 of Title 1.

3. Each and every day, or portion thereof, a violation of this chapter exists shall constitute a separate and distinct violation.

4. The remedies provided herein are intended to be cumulative and may be used in lieu of or in addition to any other remedy provided by this chapter or other law.” SECTION 3. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

SECTION 4. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.
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SECTION 5. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
421

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. 3235 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 by the following roll call vote, to wit:

AYES: MAYOR/COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3235 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
422
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 18 OF TITLE 6 OF THE ONTARIO

MUNICIPAL CODE UPDATING PENALTIES FOR THE ILLEGAL
CULTIVATION OF CANNABIS.

WHEREAS, pursuant to the California Constitution, article XI, section 7 and under the City’s general police powers, the City of Ontario (“City”) is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City adopted Ordinance No. 3059 in October 2016, regulating personal, medical and commercial marijuana uses in the City in anticipation of Proposition 64 entitled The Control, Regulate and Tax Adult Use of Marijuana Act (commonly known as the Adult Use of Marijuana Act or AUMA), which had been certified in June of 2016 for the November 2016 election; and
WHEREAS, the voters of California passed Proposition 64 in November 2016; and WHEREAS, after the approval of AUMA, the state legislature passed the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) in June 2017; and WHEREAS, current law allows persons 21 years of age or older to possess, plant, cultivate harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants and allows the City to enact and enforce reasonable regulations to regulate such actions and conduct; and
WHEREAS, Ontario Municipal Code Section 6-18.03(c)(2)(iii) provides that a person may not plant, cultivate, harvest, dry, or process more than a combined total of 6 marijuana plants inside the private residence or accessory structure located upon the grounds of the private residence; and
WHEREAS, the City finds that illegal large scale commercial cultivation of marijuana indoors may illegally house hundreds of marijuana plants per home in violation of the Ontario Municipal Code, pose health and safety risks to persons and property, and are commonly part of larger criminal networks; and
WHEREAS, the City finds that each plant grown in excess of the limit set forth in the Ontario Municipal Code constitutes a separate and distinct violation of the Municipal Code; and
WHEREAS, the City finds that the City’s administrative citation authority is a reasonable means of deterring illegal large scale commercial cultivation of marijuana; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance.

SECTION 2. The City Council hereby amends Chapter 18 of Title 6 of the Ontario Municipal Code to read in full as follows:
“CHAPTER 18: CANNABIS
6-18.01 Purpose
6-18.02 Definitions
6-18.03 Regulation on the Personal Use of Cannabis, Cannabis Accessories, and Cannabis Products.
6-18.04 Regulation on the Medical Use of Cannabis, Cannabis Accessories, and Cannabis Products.
6-18.05 Regulation on the Commercial Use of Cannabis, Cannabis Accessories, and Cannabis Products.
6-18.06 Penalty for Violations
Sec. 6-18.01. Purpose
The purpose of this chapter is to regulate personal, medical, and commercial cannabis uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

Sec. 6-18.02. Definitions
For purposes of this chapter, the following definitions shall apply:
(a) “Cannabis” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
(1) Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or
(2) The weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. (b) “Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
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(c) “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(d) “Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of cannabis and cannabis products.
(e) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(f) “Delivery” means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
(g) “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities for commercial use purposes. (h) “Licensee” means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
(i) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(j) “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
(k) “Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling.
(l) "Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.
(m) Any term defined in this Section also means the very term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified.
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Sec. 6-18.03. Regulation on the Personal Use of Cannabis, Cannabis Accessories, and Cannabis Products.
(a) For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the City to the extent it is unlawful under California law. (b) Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity. (c) Indoor Cultivation.
(1) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(2) To the extent a complete prohibition on indoor cultivation inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, is not permitted under California law:
(i) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence (or any accessory structure to such private residence located upon the grounds of that private residence) if such residence (or accessory structure) is not fully enclosed and secure;
(ii) A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence (or any accessory structure to such private residence located upon the grounds of that private residence) which the individual cultivating those plants does not maintain as his or her primary residence; (iii) A person may not plant, cultivate, harvest, dry, or process more than a combined total of 6 cannabis plants inside the private residence or accessory structure located upon the grounds of the private residence; (iv) No pesticides or fertilizers may be used for any cannabis cultivation inside a private residence or accessory structure located on the grounds of a private residence;
(v) No artificial light, ventilation, heating, or air conditioning may be used in support of cannabis cultivation in any accessory structure to a private residence located upon the grounds of a private residence except in compliance with the California Building Code, the Ontario Municipal Code, and any other permitting requirements which may be imposed; and
426
(vi) No artificial light, ventilation, heating, or air conditioning may be used in support of cannabis cultivation inside a private residence except in compliance with the California Building Code, the Ontario Municipal Code, and any other permitting requirements which may be imposed.

Sec. 6-18.04. Regulation on the Medical Use of Cannabis, Cannabis Accessories, and Cannabis Products.
(a) Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (c) of Section 6-18.03.
(b) The establishment or operation of any medical cannabis collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

Sec. 6-18.05. Regulation on the Commercial Use of Cannabis, Cannabis Accessories, and Cannabis Products.

The establishment or operation of any business of commercial cannabis activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
(a) The transportation, delivery, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;
(b) The cultivation of cannabis;
(c) The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or
(d) Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

Sec. 6-18.06. Penalty for Violations.
(a) Generally. No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. 427
(b) Administrative Citations.
(1) In addition to the penalties provided in this section and all other legal remedies available to the City, any person in violation of this chapter is subject to an administrative citation and fine, without prior issuance of a Notice of Violation. Each and every day a violation of this chapter exists shall constitute a separate and distinct violation of this chapter.
(2) Notwithstanding subsection (b)(1), each cannabis plant present in excess of the number of cannabis plants allowed under Section 6-18.03(c)(2)(iii) shall constitute a separate and distinct violation of this chapter. Any violation of Sections 6-18.03(c)(2)(iii) shall constitute a “transient” violation within the meaning of Chapter 5 of Title 1 of the Ontario Municipal Code.
(3) The amount of the administrative fine shall be in the amount set forth and amended by resolution of the City Council. If no amount has been set by resolution of the City Council, the amount of the administrative fine shall be up to One Thousand Dollars ($1,000.00) but not less than One Hundred Dollars ($100) per violation. (4) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. To the extent there are any conflicts between the provisions of Chapter 5 of Title 1 and this chapter, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter. (c) Liability of Property Owners.
(1) No property owner in charge of, or in possession of, any real property within the City of Ontario shall cause, permit, maintain, conduct, or otherwise suffer or allow a public nuisance or violation of this Chapter to exist. (2) It is duty of every property owner, and person that controls any real property or interest therein, within the City to remove, abate, and prevent the reoccurrence of a violation of this Chapter upon such real property. Such duty of the property owner exists regardless of whether the property owner is in actual possession of their real property, and includes an obligation to remove an illegal cannabis operation which exists or creates a public nuisance upon the property owner’s real property. (3) An administrative citation may be issued to property owners for the illegal cultivation of cannabis in violation of this Chapter without prior issuance of a Notice of Violation. However, property owners shall have a reasonable time for the correction or remedy of the violation of this Chapter prior to the imposition of administrative fines or penalties provided all of the following are true:
(i) A tenant is in possession of the property that is the subject of the administrative action.
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(ii) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis. (ii) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(d) Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in Sec. 1-2.01 of Chapter 2 of Title 1 of the Ontario Municipal Code and/or under state law.
(e) The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by law.”
SECTION 3. Section 6-13A.01(a) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(a) The use of Tobacco, Electronic Delivery Devices, and Cannabis are prohibited in all Public Parks in the City at All Times. This prohibition is enacted in order to preserve the public health, safety, and welfare of the residents of the City, as well as the environment of the City.”
SECTION 4. Section 6-13A.02(a) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(a) “Use of Tobacco And/or Electronic Delivery Devices And/or Cannabis” means the act of Smoking, chewing, or the use of any other Tobacco and/or Electronic Delivery Devices and/or Cannabis products in any form.” SECTION 5. Section 6-13A.02(e) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“(e) “Cannabis” means all parts of the plant Cannabis sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:
(1) Industrial hemp, as defined in Cal. Health & Safety Code § 11018.5; or
(2) The weight of any other ingredient combined with Cannabis to prepare topical or oral administrations, food, drink, or other product.” SECTION 6. Section 6-17.01(b) of the Ontario Municipal Code is hereby amended to state, in full, as follows:
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“(b) The City Council finds that there has been a dramatic increase in reports of explosions occurring as a result of the manufacture of butane honey oil and butane hash oil, which require butane to extract tetrahydrocannabinol (THC) from parts of the Cannabis plant.”
SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.

SECTION 8. This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

SECTION 9. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).

SECTION 10. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
430
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
431

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. 3236 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 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. 3236 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. ________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
432
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 24 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 4 (PUBLIC SAFETY)

OF THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY.

WHEREAS, citizens nationwide have experienced rising rates of catalytic converter thefts, numbering approximately 26,000 through May 2021; and WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 8,000 through May 2021; and WHEREAS, the citizens of Ontario have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation yet applicable within the City of Ontario to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Ontario requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a 433
matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of Ontario and the Ontario Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Ontario and the Ontario Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its citizens, their property, and their community; and
WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City of Ontario and the Ontario Police Department clear legal authority to better protect the public and deter this criminal activity.

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

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

SECTION 2. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on 434
the environment because the Ordinance simply criminalizes the possession of catalytic converters; it will not result in any development or in any new activity with the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Code Amendment. Chapter 4.24 is hereby added to Title 4 (Public Safety) of the Ontario Municipal Code and shall read in its entirety as follows:
“Chapter 4.24 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 4 (Public Safety)
Sec. 4-24.01 Unlawful possession of a catalytic converter prohibited.

A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

Sec. 4-24.02 Definitions.

A. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
B. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.

2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed. 435
Sec. 4-24.03 Violations – Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Ontario Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.

B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1-2.01 of Title 1 of this Code, for any person to violate any provision of this section.

C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 4. If any section, sentence, clause, or phrase of this Ordinance of the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect other provisions or applications of the 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 by declared invalid or unconstitutional.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) calendar days following its adoption.

SECTION 6. Publication. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
436
APPROVED AS TO LEGAL FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
437

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. 3237 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022, and adopted at the regular meeting held December 20, 2022 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. 3237 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
438
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-3.210 OF ARTICLE 2 OF
CHAPTER 3 OF TITLE 2 OF THE ONTARIO MUNICIPAL CODE

REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT
COMMAND STRUCTURE.

WHEREAS, Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code establishes the responsibilities and composition of the Ontario Police Department; and WHEREAS, Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code establishes the powers and duties of Captains within the Ontario Police Department; and
WHEREAS, the City has since established the position of Deputy Police Chief; and WHEREAS, the City finds that Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code needs to be updated to account for the position of Deputy Police Chief within the Ontario Police Department’s command structure.

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

SECTION 1. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance.

SECTION 2. Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code is hereby amended to state, in full, as follows:
“Sec. 2-3.210. Deputy Police Chief and Captains: Powers and duties. (a) Deputy Police Chief
(i) The Deputy Police Chief shall rank next to the Police Chief and shall have similar qualifications. The Deputy Police Chief shall take complete charge of the Police Department in the absence of the Police Chief and shall be vested with the same authorities and duties while so acting.
(ii) Arrangements shall be made so that the Deputy Police Chief will always be present in the absence of the Police Chief. In the presence of the Police Chief, it shall be the duties of the Deputy Police Chief to aid the Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department. 439
(b) Captains
(i) Captains shall rank next to the Deputy Police Chief and shall have similar qualifications. A Captain shall take complete charge of the Police Department in the absence of the Police Chief and the Deputy Police Chief and shall be vested with the same authorities and duties while so acting.
(ii) Arrangements shall be made so that a Captain will always be present in the absence of the Police Chief and the Deputy Police Chief. In the presence of the Police Chief and the Deputy Police Chief, it shall be the duties of a Captain to aid the Police Chief and the Deputy Police Chief in every possible manner to maintain discipline and insure the efficient operation of the Police Department.

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

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

PASSED, APPROVED, AND ADOPTED this 20th day of December 2022 _____________________________________
PAUL S. LEON, MAYOR
440
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
441

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. 3238 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 6, 2022 and adopted at the regular meeting held December 20, 2022 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. 3238 duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and that Summaries of the Ordinance were published on December 13, 2022 and December 27, 2022, in the Inland Valley Daily Bulletin newspaper. ________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
442
Department: Planning
Prepared By: Luis Batres
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Charles Mercier, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT:

A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST HOLT BOULEVARD

CITY OF ONTARIO
Agenda Report
December 20, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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

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

BACKGROUND & ANALYSIS:

The project site is composed of 0.81 acres of vacant land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. Property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district and is developed with the Ontario Village Commercial Shopping Center. The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses. The properties to the east and west are within the MU- 1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and are developed with multi-tenant commercial uses.

The Ontario Plan Policy Plan (General Plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac and commercial development at an intensity of up to 2.0 FAR for oﬃce and retail developments. The Ontario Plan ("TOP") describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities that will provide increased demand for retail at more concentrated, strategic locations. The 443
densities and intensities of the Mixed-Use land use designation represented within TOP are the range of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development (PUD).

The Policy Plan speciﬁes that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or PUD prior to the development of properties within the area. In compliance with this requirement, the Applicant has submitted “The Roosevelt Tower Planned Unit Development” (included as Attachment “A” to the Ordinance), which is consistent with the vision and the goals and policies of the Policy Plan.

The purpose of the Roosevelt Tower PUD is to
implement TOP vision for the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses in a pedestrian friendly atmosphere; to promote high standards in urban design; and, to encourage the development of exceptionally high quality residential and commercial uses, while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other surrounding land uses. The PUD will establish the development standards, design guidelines and infrastructure to serve the site and to
facilitate the development of a mixed-use development project at a density of

72.8 dwelling units per acre. In conjunction with the PUD submittal, the applicant has submitted a Development Plan application (File No. PDEV20-009)
to construct a 5-story (three-stories of
residential units over two-stories of podium parking), 59-unit apartment project with 2,500 square feet of ﬁrst ﬂoor retail space. Consistent with the requirements of the MU-1 (Downtown Mixed-Use) zoning district, the proposed PUD allows for uses intended to encourage retail and commercial uses to service local residents, visitors and employees, and attract pedestrian traﬃc along Holt Boulevard. The development regulations set forth in the PUD will govern the placement, height, and bulk of permitted buildings and structures; establish locational criteria for vehicular access to the site; establish parking and loading requirements; and, establish landscape and sign standards.

On July 26, 2022, the Planning Commission conducted
a public hearing to consider the above-
described PUD and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission unanimously approved (7-0) Resolution No. PC22-037,
recommending that the City Council approve the PUD document and adopted Resolution No. PC22- 038 approving the Development Plan, contingent on City Council approval of the PUD.

HOUSING ELEMENT COMPLIANCE:

The project is consistent with the Housing Element of the Policy Plan (General Plan) component of TOP, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE:

The project site is located
within the Airport Inﬂuence Area of the Ontario International Airport and has been found to be consistent with the policies and criteria set forth within the Ontario International Airport Land Use Compatibility Plan.

ENVIRONMENTAL REVIEW:

The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-Fill Development Projects) of the CEQA Guidelines and meets each of the following conditions:

444
(a)
The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The proposed project is consistent with all applicable Policy Plan (general plan) policies, as well as with the requirements of the Roosevelt Tower PUD, and applicable Development Code regulations;

(b)
The proposed development occurs within city limits on a project site of no more than ﬁve acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.81-acre of land, which is surrounded by established commercial land uses;

(c)
The Project site has no value as habitat for endangered, rare, or threatened species. The site is void of any ﬂora or fauna, was previously graded, and is regularly maintained to prevent the growth of weeds and grasses;

(d)
Approval of the project would not result in any signiﬁcant eﬀects relating to traﬃc, noise, air quality, or water quality. The proposed mixed-use development is similar to, and of no greater impact than other allowed residential uses and commercial development projects within the MU- 1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district; and

(e)
The site can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services. 445
Case Planner: Luis E. Batres Hearing Body Date Decision Action Planning Director
Approval:

DAB 7/6/22 Approval Recommend
PC 7/26/22 Recommend (PUD)
Final (PDEV)
Submittal Date: 4/13/20 CC 9/6/22 Final (PUD)
F
ILE NOS: PUD20-001 and PDEV20-009
SU
BJECT: A Planned Unit Development (File No. PUD20 -001) to establish development standards, design guidelines and infrastructure requirement for 0.81 -acres of land, in conjunction with a Development Plan (File No. PD EV20-009) to construct a mixed -use project consisting of 59 multiple -family dwellings (three-stories of residential units ) over two-stories of podium parking and 2,500 square feet of first floor retail space, on property located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district ; (APN: 1049-021-09) submitted by Kathy Huynh. City Council action required for PUD only.

PR
OPERTY OWNER: Roosevelt Property Management
R
ECOMMENDED ACTION: That the Planning Commission consider and 1) adopt the resolution recommending the City Council approve the Planned Unit Development, File No. PUD20-001, and 2) adopt the resolution approving the Development Plan, File No.

PDEV20-009, pursuant to the facts and reasons contained in the staff report and resolution, and subject to the departmental conditions of approval included as Attachment A to the
resolution.

P
ROJECT SETTING: The
project site is comprised of

0.81-acres of vacant land
located at 549 West Holt
Boulevard, within the MU -
1/LUA-3 (Downtown Mixed -
Use/Holt Boulevard ) zoning
district and is depicted in
Figure 1: Project Location
Map. The property is
relatively flat, with a gentle
slope to the southwest
corner of the site and is
covered with perennial
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
July 26, 2022

HOLT BOULEVARD

SAN ANTONIO AVENUE

VINE AVENUE

BROOKS STREET

BONITA COURT
Figure 1: Project Location

PROJECT SITE
N
Approval /
Approved
446
Planning Commission Staff Report
File Nos.: PUD20-001 and PDEV20-009
July 26, 2022

Page 2 ends

grasses. The Project site is rectangular in shape, with a lot depth of approximately 270 feet and a lot width of 140 feet. The property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard ) zoning district and is currently developed with the Ontario Village C ommercial Shopping Center. The property to the south is within the IL (Light Industrial) land use district and is developed with a mix of industrial uses. The properties to the east and west are located within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard) zoning district and are developed with multi- tenant commercial buildings. The existing surrounding land uses, zoning, and general plan and specific plan land use designations are summarized in the “Surrounding Zoning & Land Uses” table located in the Technical Appendix of this report.

PROJECT ANALYSIS:

(1) Background — On April 13, 2020, the Applicant submitted a Planned Unit Development application (File No. PUD20 -001, Roosevelt Tower Planned Unit Development) that will establish the development standards, design guidelines , and infrastructure requirements for the Project site. In conjunction with the Planned Unit Development (“PUD”), the Applicant submitted a Development Plan (File No. PDEV20 - 009) application requesting approval to construct a mixed-use project consisting of 59 multiple-family dwellings and 2,500 square feet of retail space (four tenant spaces), and two levels of podium parking. Pursuit to the Ontario Development Code, the PUD requires approval by both the Planning Commission and City Council.

On July 6, 2022 , the Development Advisory Board (“DAB”) conducted a hea ring and unanimously voted to recommend that the Planning Commission approve the subject Development Plan (File No. PDEV20 -009). The DAB’s purv iew does not extend to the proposed Planned Unit Development.

(2) Planned Unit Development —The Ontario Plan Policy Plan ( general plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac, and a development intensity of up to 2.0 FAR for office and retail development. The Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office and residential uses in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities that will also provide increased demand for retail in more concentrated, strategic locations.

The densities and intensities of the Mixed-Use land use designation represented within The Ontario Plan ( “TOP”) are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or PUD.

The Policy Plan specifies that the Downtown Mixed -Use Area is to be implemented through the approval of an Area Plan or PUD prior to the develo pment of properties within the area. In compliance with this requirement, the Applicant has submitted the “Roosevelt Tower Planned Unit Development ” (included as Attachment “A” to the 447
Planning Commission Staff Report
File Nos.: PUD20-001 and PDEV20-009
July 26, 2022

Page 3 ends

attached resolution), which is consistent with this vision and the goals and policies of the Policy Plan.

The purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to:

• Promote high standards in urban design;
• Encourage the development of exceptionally high quality, mixed -use, while establishing regulations and standards for uses with unique regulatory and design needs; and
• Ensure harmonious relationships with surrounding land uses.

A PUD is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area; however, it is also unlike a Specific Plan in that a PUD is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

(a) Land Use and Development Regulations — Consistent with the requirements of the MU -1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district, the “Roosevelt Tower Planned Unit Development” land use restrictions only permit commercial uses, or a mix of commercial and residential uses in the same building or on the same site, or stand-alone multiple -family projects. The maximum building height allowed is 75 feet. The minimum building setbacks allowed are two feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line, and one-foot from the east and west property lines.

(b) Landscaping and Drainage — A conceptual landscape plan is required to be submitted with the Development Plan for construction of the project site. The plan will be required to specify all landscape and hardscape elements for the development plan site. Water conservation will be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees can be used to reduce heat gain on buildings, paving and parking areas. The land scape design shall meet the requirements of the Landscape Development Standards and shall create well-functioning spaces within a sustainable design. Trees along street frontages shall comply with the variety, size, and spacing as directed by the City of Ontario Master Street Tree Plan.

(c) Off-Street Parking and Circulation\Access — Parking, circulation, transit and infrastructure improvements will be provided as follows:

(i) Parking: Off-street parking is required to be provided on -site, at the rates required by the City of Ontario Development Cod e. No on -street parking will be allowed on Holt Boulevard, in front of the Project site. 448
Planning Commission Staff Report
File Nos.: PUD20-001 and PDEV20-009
July 26, 2022

Page 4 ends

(ii) Circulation/Access: Vehicular access for the project site is provided at two points, including one 20 -foot-wide driveway on Holt Boulevard, at the northeast corner of the Project site , and one 20 -foot-wide driveway on Brooks Street, at the southeast corner of the Project site. After improvements are made from the West Valley Connector (“BRT”) Project, vehicular access from Holt Boulevard will be limited to right - in/right-out movements. Pedestrian connections to the project site will be provided from sidewalks within the PUD site.

(iii) Mass Transit: The PUD, a long with the future development entitlements for the site, will require the necessary infrastructure to serve the s ite and provide the necessary rights -of-way dedication s for street widening and to accommodate the future BRT line for the SBX West Valley Connector.

(iv) Street Improvements: The City of Ontario, as part of its street widening plan, and the developers of the PUD site, will be responsible to improve Holt Boulevard and Brooks Street to their ultimate widths. The proposed project will be required to dedicate 20 feet along the Project’s Holt Boulevard street frontage and two feet along the Project’s Brooks Street frontage.

(d) Architecture/Design Guidelines — The architectural design and details, outlined within the PUD, focus on the following elements:

• Appropriate scale and massing;
• Architectural style and design that are complementary and appropriate to its setting;
• Use of high -quality materials that will create visual interest, high quality, durable and appropriate for the architectural style;
• Appropriate site planning to ensure building orientation visibility from the street; • Roof form; and
• Building entry design.

The PUD requires the architectural theme of the project area to be contemporary or a modern style that generally responds to the region’s climate, including such features as outdoor circulation, outdoor courtyards/plazas, recessed window frames, awnings, and decorative canopies/ trellises. Additionally, buildings are to be oriented toward Holt Boulevard, and incorporate entry elements, interesting architecture, enhanced materials, and a pedestrian scale, to provide connection between the development and the public street.

Due to the size and scale of the PUD area, all sides of the buildings will be visible from the public street. As such, appropriate massing becomes more important to maintain the human-scale of the development and create a visually pleasing environment. Bay windows, stepped buildings, height changes, and setback variations between stores help to break up large buildings, as well as indicate entries and store locations to customers.

449
Planning Commission Staff Report
File Nos.: PUD20-001 and PDEV20-009
July 26, 2022

Page 5 ends

(3) Development Plan —In conjunction with the Planned Unit Development, the Applicant is requesting Development Plan approval (File No. PDEV20-009) to construct a mixed-use project consisting of 59 multiple-family dwellings (three -stories of residential units) over two-stories of podium parking and 2,500 square feet o f first floor retail space.

Staff has worked with the A pplicant to design a project that meets the goals and requirements of the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district, the Roosevelt Tower PUD, and the goals and policies of The Ontario Plan (“TOP”).

The project characteristics are described below:

(a) Site Design/Building Layout —The proposed building is set back five feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line , and one -foot from the east and west property lines. The residential structures above the two stories of podium parking will be set back 17 feet from Holt Boulevard (north) property line, 18 feet from the Brooks Street (south) property line and a zero-setback has been provided along the east and west property lines.

The Project has been oriented in a north -south orientation, with the front of the building and primary building entrance facing Holt Boulevard. The rear of the building will face Brooks Street.

The building is proposed at five -stories in height (68 feet) , comprised of three-stories of residential units constructed over two -stories of podium parking. Additionally, 2,500 square feet of retail space has been incorporated into the building’s ground floor, facing the Project’s Holt Boulevard street frontage. The retail space is divided into four separate units ranging from 540 to 760 square feet in area (see Exhibits B—Site Plan and Exhibit C— Floor Plans, attached). The retail unit characteristics are shown in Table 1, below.

Table 1: Retail Unit Characteristics
Unit No. Area (in SF)
Unit 1 760
Unit 2 600
Unit 3 600
Unit 4 540

The Project has been designed with two points of vehicular access, one on Holt Boulevard (north) and the second on Brooks Street (south). Holt Boulevard will serve as the primary access point for both residential and commercial units . The residential parki ng area is gated, limiting access to residents only. Designated parking for the commercial component is located on the ground floor, immediately behind the four retail units (see Exhibit C—Floor Plans, attached).

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Planning Commission Staff Report
File Nos.: PUD20-001 and PDEV20-009
July 26, 2022

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Ontario City CouncilDecember 20, 2022

Ontario City Council
December 20, 2022