Agenda packet — Ontario City Council, December 16, 2025 (part 10 of 10)

The estimated cost for the Special Municipal Election is $1.2 million. That matter will be addressed in more detail in Agenda Item No. 20. Therefore, City Staﬀ recommends that the City Council not adopt the initiative Ordinance.
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Department: Records Management
Prepared By: . .

Staff Member Presenting: Claudia Y. Isbell,
Assistant City Clerk
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:

RESOLUTIONS CALLING A MARCH 24, 2026 SPECIAL MUNICIPAL ELECTION FOR TWO INITIATIVE MEASURES REGARDING HOTEL, EVENT & CENTER, AND;

AIRPORT WORKER REGULATIONS AND MINIMUM WAGES AND REQUIRING

VOTER APPROVAL OF DEVELOPMENT AGREEMENTS FOR MAJOR HOTEL AND

EVENT CENTER PROJECTS

CITY OF ONTARIO
Agenda Report
December 16, 2025
SECTION:

ADMINISTRATIVE

REPORTS/DISCUSSION/ACTION

RECOMMENDATION:

That the City Council adopt the two attached resolutions to submit the two initiative ordinances to the Ontario voters at a Special Municipal Election to be held on March 24, 2026.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The estimated cost for a Special Municipal Election on March 24, 2026 is $1,255,000; additional appropriations will be included in a future quarterly budget update to City Council for approval as needed.

BACKGROUND & ANALYSIS:

On March 28th the City Clerk's oﬃce received a notice of intent to circulate an initiative petition from proponents, including Unite Here Local 11 (Unite Here), seeking to qualify an ordinance/measure to enact hotel/hospitality worker protection requirements and minimum wages. On April 7th, the City Clerk's Oﬃce received a second notice of intent to circulate an initiative petition seeking to qualify a second ordinance/measure to require voter-approved development agreements for major hotel and event center projects.

In accordance with California Elections Code Section 9203, the City Attorney timely prepared an Impartial Ballot Title and Summary for each initiative measure. Pursuant to California Elections Code section 9215, each initiative petition must be signed by not less than ten percent (10%) of the registered voters of the City to qualify. Unite Here commenced a signature gathering campaign over 2020
the ensuing six months for each initiative. The initiative proponents timely ﬁled both signed petitions with the City Clerk's Oﬃce, signatures were counted and veriﬁed by the San Bernardino County Registrar of Voters Oﬃce, and the both initiatives qualiﬁed. On November 18, 2025 the City Council received and ﬁled the two certiﬁcates of signature veriﬁcation. At that meeting, rather than take action on the initiatives, the Council ordered Staﬀ to prepare reports on the potential impact of the initiatives, which the California Elections Code requires to be presented to the Council within 30 calendar days. Both impact reports have been presented to the Council this evening as Agenda Items No. 18 and 19.

Under State Elections Code section 9215, now that the impact report has been presented, the City Council has the following options: Place the initiative Ordinance at a future election in conformance with the election code; or adopt the initiative ordinance outright, without alteration, this evening or within 10 days thereafter.

In considering the expense of an election, staﬀ reviewed the proposed initiative Ordinances to ascertain if the cost could be avoided by simply accepting them as proposed. However, City Staﬀ believes that the impacts of the two measures will result in far greater costs to the City than the cost of an election. Therefore, As part of Agenda Item Nos. 18 and 19 earlier this evening, the City Council chose not to adopt either initiative Ordinance outright. Further, given that both measures are new to the City, have potentially signiﬁcant impacts on the City, and given the signiﬁcant amount of petition signatures received, Staﬀ believes that the public interest demands resolution on these two matters sooner rather than later and recommends a March 24, 2026 Special Municipal Election, which is the only legally compliant special election date under the California Elections Code, for a decision from the voters. Therefore, Staﬀ recommends that the City Council adopt two Resolutions which will call a Special Municipal Election for March 24, 2026 to allow Ontario voters to consider the two initiative measures at the ballot. 2021
RESOLUTION NO. ________

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

CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO ON THE MARCH 24, 2026 SPECIAL MUNICIPAL

ELECTION BALLOT AN INITIATIVE MEASURE TO ENACT A HOTEL,

EVENT CENTER AND AIRPORT HOSPITALITY WORKER PROTECTION
AND MINIMUM WAGE ORDINANCE; REQUESTING THE COUNTY OF

SAN BERNARDINO TO PROVIDE SPECIFIED ELECTION SERVICES TO CONDUCT SAID ELECTION ; AND SETTING RULES AND DEADLINES

FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE
MEASURE.

WHEREAS, pursuant to authority provided by the California Elections Code, a petition has been filed with the City Council of the City of Ontario, seeking to enact an initiative measure/ordinance which would add Chapter 34 to T itle 5 of the Ontario Municipal Code to establish hotel, event center and airport hospitality worker protection and minimum wage regulations, (the “Measure” or “Ordinance”); and WHEREAS, pursuant to California Elections Code section 9215, an initiative petition must be in filed with the City in valid form and signed by not less than ten percent (10%) of the registered voters of the City in order to qualify the Measure for the ballot; and
WHEREAS, because the petition contains more than 500 voter signatures, the City Clerk utilized the random sampling method to verify no less than 500 petition signatures, as authorized by California Elections Code sections 9115 and 9211; and WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the petition complies with California law and, based upon a random sampl ing method examination of petition signatures against voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Measure for the ballot under the Elections Code; and WHEREAS, the City Council has not voted in favor of adoption of the Measure without alteration; and
WHEREAS, the City Council is therefore authorized and required by California Elections Code sections 1100, 1405 and 9215 to either:
(i) submit the proposed Measure to the voters at its “next regularly scheduled election occurring not less than 88 days after the date of the order of election”, or (ii) submit the proposed Measure to the voters at an earlier special election that is on a Tuesday which is not on, before or after a State holiday , and which “shall be held not less than 88 days nor more than 103 days after the order of the election”; and
2022

WHEREAS, the next “regularly scheduled election” is the City’s General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council desires to call this Measure for an earlier Special Municipal Election to be held on March 24, 2026, said date meeting all of the criteria stated above for a special municipal election; and
WHEREAS, the specific terms of the Measure are attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and
WHEREAS, it is desirable that the County of San Bernardino render all required services to the City in connection with said Special Municipal Election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures.

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

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

SECTION 2. Submission of Ballot Measure . The City Council of the City, pursuant to its right and authority as contained in California Elections Code Sections 1100, 1405 and 9215, hereby orders the Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at a Special Municipal Election to be held on Tuesday, March 24, 2026. The proposed Measure shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Measure Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, March 24, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

2023

"Shall the measure, placed on the ballot by initiative, imposing new requirements on employers for certain
airport hospitality, event center and hotel workers,
including a citywide minimum wage starting at
$21/hour in 2027 and rising to $30/hour in 2030, daily
work hour limits, daily square footage limits of rooms
cleaned by hotel workers, and new city manager duties
to administer the measure and investigate claims by
workers, be adopted?"
YES

SECTION 4. Election Procedures.

A. The ballots to be used at the election shall be in the form and content as required by law.

B. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of San Bernardino County to permit the County Registrar of Voters/Election Department to render all required services to the City of Ontario to conduct a Special Municipal Election for the Measure. The election services which the City of Ontario r equests the Registrar of Voters/Election Department , or such other official as may be appropriate, to perform, and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: making such publications as are required by law in connection therewith; the es tablishment of precincts, polling places, voting centers and election officers; the establishment of ballot drop boxes, the preparation, printing, mailing and furnishing of sample and vote-by-mail ballots and other necessary supplies or materials to conduc t the election; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Ontario; and the performance of such other election services as may be requested by the City Clerk.

C. The City of Ontario recognizes that additional costs will be incurred by the County by reason of this request for services and agrees to reimburse the County for any costs.

D. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to b e procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as oth erwise provided in the Elections Code of the State of California.
2024

F. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

G. Notice of the time and place of h olding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

H. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

I. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

J. The City Clerk of the City of Ontario shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the above Measure, (iii) any individual voter eligible to vote on the above Measure, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which arguments may be changed until and including Tuesday, December 30, 2025, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5( A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not 2025

printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed imm ediately below the impartial analysis, in no less than 10 -font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Measure, please call the election official’s office at (909) 395-2000 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 5 shall apply only to the election to be held on March 24, 2026, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Electio ns Code of the State of California, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argumen t against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk no t later than Friday, January 9, 2026. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on March 24, 2026, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall be printed in the voter information guide, and a statement s hall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Measure at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall cert ify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the B oard of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Measure will be available for public examination for no fewer th an ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council hereby finds and determines that placement of the Measure on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, there fore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029. 2026

SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 12. Effective Date of Resolution . This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED AND ADOPTED this 16th day of December, 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

__________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_________________________________

BEST, BEST & KRIEGER, LLP

CITY ATTORNEY
2027

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held December 16, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held December 16, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

2028

EXHIBIT “A”
ORDINANCE NO. ___________

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ONTARIO,
CALIFORNIA, ADDING CHAPTER 34 TO TITLE 5 OF THE ONTARIO

MUNICIPAL CODE TO ESTABLISH HOTEL, EVENT CENTER AND

AIRPORT HOSPITALITY WORKER PROTECTION AND MINIMUM WAGE
REGULATIONS.

Subject to the approval of a majority of the voters of the City of Ontario casting ballots regarding this measure/ordinance at the Special Municipal Election so designated by the City Council in a separate resolution placing this measure/ordinance on the ballot for such election:

THE PEOPLE OF THE CITY OF ONTARIO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Title. This measure shall be known and may be cited as the Hotel, Event Center, and Airport Worker Protection, Retention, and Minimum Wage Ordinance.

SECTION 2. Hotel, Event Center, and Airport Worker Protection, Retention, and Minimum Wage Ordinance.

Chapter 34 of Title 5 of Volume I of the Ontario Municipal Code is added to read as follows:
“Title 5—PUBLIC WELFARE, MORALS, AND CONDUCT
Chapter 34 — HOTEL, EVENT CENTER, AND AIRPORT WORKER PROTECTION,

RETENTION, AND MINIMUM WAGE
Sec. 5-34.01. Purpose.

This purpose of this ordinance is to improve and protect the welfare of low-wage service workers at large hospitality venues, including employees at large hotels, at event centers, and at Ontario International Airport.

Hotel workers who work by themselves in guest rooms are vulnerable to crimes and other threatening behavior, including sexual assault. Ensuring that hotel workers are equipped with personal security devices and supported in their ability to report criminal and threatening behavior to the proper authorities will promote their personal safety from criminal threat and improve public safety overall.

Hotel workers who clean guest rooms are also sometimes assigned overly burdensome room cleaning quotas and may be disciplined for failing to meet these quotas. Overly burdensome room cleaning quotas undermine the public interest in ensuring that hotel room cleaners are able to perform their work in a manner that adequately protects 2029

public health and are treated with respect and dignity. This chapter includes provisions to assure that workers receive fair compensation through a wage premium when their workload assignments exceed defined limits. Ensuring that hotel workers receive fair compensation for their work assignments will promote the public interest and enable hotel workers to receive fair pay for honest work.

Currently, hotel workers are commonly assigned unexpected and mandatory overtime, which limits hotel workers' ability to meet family and personal commitments and interferes with their ability to schedule in advance for those commitments. This chapter prohibits hotel employers, absent an emergency, from assigning a worker mandatory overtime work when the worker's shift exceeds ten (10) hours in a day unless the worker has provided informed consent.

Hospitality workers employed through labor contractors are uniquely vulnerable to abusive employment practices. Temporary workers also tend to have less experience and training and are less well-positioned to protect against the spread of disease through effective cleaning methods or to identify circumstances indicating human trafficking or preparations for acts of terrorism. With certain exceptions, the chapter prohibits hotel employers from entering into new, amended, or extended contracts with labor contractors to supply hotel workers to clean rooms.

Often, when corporate ownership or management of a hotel, event center, or airport hospitality operation changes, the business closes for renovations and reopens with a new workforce; very few, if any, of the former hospitality workers are retained, and hundreds of workers are displaced. A transitional retention period upon change of ownership, control, or operation ensures employment stabilization for a segment of the community. It also alleviates the demands for social services provided by the City and other local governments due to any worker displacement and resulting unemployment.

Through this ordinance, the City seeks to maintain the welfare and stability of the Ontario hospitality industry workforce.

Wages paid to workers at hotels, event centers, and airport hospitality providers are often economically restrictive and can prevent these hospitality workers from exercising purchasing power at local businesses, which takes a toll on the local economy.

Moreover, these workers, who often live paycheck to paycheck, are frequently forced to work two or three jobs to provide food and shelter for their families. They also rely on the public sector as a provider of social support services and therefore the City has an interest in promoting an employment environment that protects government resources.

In requiring the payment of a higher minimum wage, this chapter benefits that interest.

Income equality is one of the most pressing economic, social and civil rights issues facing the City of Ontario. By requiring a higher minimum wage, the City seeks to promote the health, safety and welfare of thousands of service workers by ensuring they receive fair compensation for the work they perform. The City also seeks to improve the welfare of hospitality workers by mandating that hotel, event center, or airport hospitality employers pay service charges to their workers. When a service charge is listed on a customer's bill, often times there is a reduction in the gratuity to the worker on the assumption that the service charge is automatically paid to the worker. This ordinance 2030

guarantees that a worker gets paid for any service charge a customer reasonably would believe is intended for the worker who actually performed the service.

Because hotels, event centers, and airports receive benefits from City assets and investments and because the City and its tourist industry benefit from hotels, event centers, and airports with experienced and respected workers with low turnover, it is fair and reasonable to require hotel, event center, and airport hospitality employers to pay their workers a fair wage. Doing so will benefit the local economy and benefit City visitors, residents, and businesses.

Sec. 5-34.02. Definitions.

For purposes of this chapter, the following definitions apply:
(a) "Airport" means Ontario International Airport.
(b) "Airport hospitality operation" means any business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at the Airport, or that provides food and beverage, retail, or other consumer goods or services to the public at the Airport (including airport concessions operations and lounges and inflight catering services). The term airport hospitality employer does not include an air carrier certificated by the Federal Aviation Administration. (c) "Airport hospitality employer" means any person who owns, controls, or operates an airport hospitality operation in the City, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs workers to provide services at an airport hospitality operation in conjunction with the airport hospitality operation's purpose.
(d) "Airport hospitality worker" means any person who is employed by an airport hospitality employer to provide services at an airport. "Airport hospitality worker" does not include a managerial, supervisory, or confidential employee. (e) "Additional-bed room" means a guest room with two (2) or more beds, including a guest room with an additional bed or beds other than those regularly within the guest room, such as a cot or rollaway bed.
(f) "Adverse employment action" means an action that detrimentally and materially affects the terms, conditions, or privileges of employment, including but not limited to any act to discharge, reduce compensation, reduce work hours, alter established work schedules, increase workload, impose fees or charges, or change duties of a worker.
(g) "Change in control" means (1) any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in the operation of a hotel, event center, or airport hospitality operation, or a discrete portion of the 2031

such, that continues in operation as a hotel, event center, or airport hospitality operation; (2) any sale, assignment, transfer, contribution, or other disposition of a controlling interest (including by consolidation, merger, or reorganization) of an incumbent employer or any person who controls an incumbent employer; or (3) any other event or sequence of events (including a purchase, sale, lease, or termination of a management contract or lease) that causes the identity of the incumbent employer to change. For purposes of this chapter, a change in control shall be defined to occur on the date of execution of the document effectuating the change in control, or, if there are multiple such documents, the earliest of the dates of execution of those documents.
(h) "Checkout room" means a guest room to be cleaned by a hotel worker due to the departure of the guest assigned to that room.
(i) "City" means the City of Ontario.
(j) "Client hotel employer" means a hotel employer that obtains or is provided hotel workers to perform labor within its usual course of business from a labor contractor.
(k) "Clear and conspicuous" means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that is clearly visible in context and clearly calls attention to the language.
(l) "Eligible worker" means any individual (1) whose primary place of employment is at a hotel subject to a change in control, (2) who is employed directly by the incumbent employer, or by a person who has contracted with the incumbent employer to provide services at the hotel subject to a change in control, and (3) who has worked for the incumbent employer for at least one (1) month prior to the execution of the transfer document.
(m) "Emergency" means an immediate threat to public safety or of substantial risk of property loss or destruction.
(n) "Event center" means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. The term "event center" also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center's purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities. "Event center" does not include civic or community centers or facilities owned, operated or controlled by: (i) religious institutions, (ii) nonprofit organizations if the facility is 2032

owned, operated or controlled by a nonprofit organization as of April 1, 2025 or as of the opening date of the facility (if the facility opens after April 1, 2025), or (iii) elementary, middle, and high schools.
(o) "Event center employer" means any person who owns, controls, or operates an event center in the City, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs workers to provide services at an event center in conjunction with the event center's purpose. (p) "Event center worker" means any person who is employed by an event center employer to provide services at an event center. "Event center worker" does not include a managerial, supervisory, or confidential employee. (q) "Guest" means a registered guest of a hotel, a person occupying a guest room with a registered guest, or a visitor invited to a guest room by a registered guest or other person occupying a guest room.
(r) "Guest room" means any room, suite of rooms, dwelling unit, cottage, or bungalow intended to be used by a guest of a hotel for transient sleeping purposes.
(s) "Hotel" means a residential building or transient occupancy residential structure that provides temporary lodging for payment in the form of overnight accommodations in guest rooms to transient patrons for periods of thirty (30) or fewer consecutive calendar days, and may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public, and containing eighty (80) or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). The number of guest rooms or suites of rooms shall be calculated based on the room count on April 1, 2025, or on the opening of the Hotel (if the Hotel opens after April 1, 2025), whichever is greater, and shall include the total number of guest rooms or suites of rooms in aggregate among all businesses offering overnight accommodations within the residential building or transient occupancy residential structure. "Hotel" includes hotels, motor lodges, motels, apartment hotels, transient occupancy residential structures and extended-stay hotels that rent units (including units with kitchens) for thirty (30) or fewer days, private residential clubs, tourist courts, and hostels that contain both dormitory- style accommodations and private guest rooms that may be reserved, meeting the definition set forth above. "Hotel" also includes any contracted, leased, or sublet premises that is connected to, located within, directly accessible from, operated in conjunction with, or providing services at a hotel or hotel building, including but not limited to retail or food service outlets. "Hotel" does not include hostels that contain only dormitory-style accommodations, shared bathrooms, and reservations of beds rather than rooms. "Hotel" also does not include short- term residential rental units (including residential dwelling units, guest rooms, accessory living quarters, or other residential structures thereof). 2033

(t) "Hotel employer" means any person who owns, controls, or operates a hotel in the City, and includes any person or contractor who, in a managerial, supervisory, or confidential capacity, employs workers to provide services at a hotel in conjunction with the hotel's purpose.
(u) "Hotel worker" means any person who is employed by a hotel employer to provide services at a hotel. "Hotel worker" does not include a managerial, supervisory or confidential employee.
(v) "Incumbent employer" means the person who owns, controls, and/or operates a hotel, event center, or airport hospitality operation subject to a change in control prior to the change in control.
(w) "Labor" shall have the same meaning provided by California Labor Code §200. (x) "Labor contractor" means an individual or entity that supplies, either with or without a contract, a client hotel employer with hotel workers to perform labor, as defined herein, within the client hotel employer's usual course of business. "Labor contractor" does not include either of the following: (A) a bona fide nonprofit organization that provides services to workers; or (B) a bona fide labor organization, as defined in 29 U.S.C. § 152, or an apprenticeship program, training program, or hiring hall operated pursuant to a labor-management agreement.
(y) "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(z) "Personal security device" means a portable electronic emergency contact device, including but not limited to a panic button, that signals the hotel worker's location and that provides direct contact between a hotel worker and a hotel security guard or responsible manager or supervisor designated by a hotel employer to respond to violent or threatening conduct. A personal security device does not include a whistle, noise-maker, alarm bell, or similar device that does not provide direct contact between the hotel worker and the designated security officer.
(aa) "Room attendant" means a hotel worker whose principal duties are to clean and put in order guest rooms in a hotel.
(bb) "Room cleaning" means the performance of services or tasks that are required to maintain the cleanliness of a physical hotel room before, during, or after a guest's stay. Room cleaning does not include time spent maintaining or organizing inventory (e.g., mini-bar, toiletries, towels, linens) or time spent delivering such inventory to a guest room when not accompanied by other room 2034

cleaning tasks. Room cleaning does not include turndown service or tasks associated with preparing already-made beds for sleep when not accompanied by other room cleaning tasks. Room cleaning does not include preventative or as needed maintenance activities such as repair, replacement, and general maintenance of appliances, electronics, furniture, doors, windows, carpets, walls, plumbing, and other fixtures.
(cc) "Service charge" means any separately-designated amount charged and collected by a hotel employer from customers that is for service by hotel workers, or is described in such a way that customers might reasonably believe that the amount is for those services or is otherwise to be paid or payable directly to workers, including those charges designated on receipts, invoices, or billing statements under the terms "service charge," "table charge," "porterage charge," "automatic gratuity charge," "healthcare surcharge," "benefits surcharge," or similar language. Service charge does not include a tip or gratuity as defined under state or federal law.
(dd) "Special-attention room" means a checkout room or a guest room for which the occupant declined daily room cleaning on the immediately preceding day. (ee) "Successor employer" means the person who owns, controls, and/or operates a hotel, event center, or airport hospitality operation subject to a change in control after the change in control.
(ff) "Transfer document" means the purchase agreement or other document(s) creating a binding agreement to effect the change in control. (gg) "Unforeseen emergency" means an emergency or unforeseen contingency, including an unforeseen increase in demand, that: (a) could not be planned for; (b) is not the result of mismanagement, malfeasance, or willful neglect on the part of the hotel employer; and (c) could not have been prevented by prudent action by the hotel employer.
(hh) "Usual course of business" means the regular and customary work of a business, performed within or upon the premises or worksite of the client hotel employer.
(ii) "Violent or threatening conduct" means (1) any conduct that involves the use of physical violence or that would reasonably be interpreted as conveying a threat of the use of physical violence, and includes but is not limited to rape, assault (including sexual assault), and battery (including sexual battery), as defined by the California Penal Code, as well as any threat or attempt to commit such an act; or (2) any sexual conduct, or solicitation to engage in sexual conduct, directed by a guest at a hotel worker without the consent of the hotel worker and includes, but is not limited to, indecent exposure as defined by the California Penal Code.
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(jj) "Workday" means any consecutive twenty-four (24) hour period commencing at the same time each calendar day.
(kk) "Worker retention period" means the period beginning upon the change in control and continuing for six (6) months after the hotel, event center, or airport hospitality operation is open to the public under the successor employer.

Sec. 5-34.03. Measures to protect hotel workers from violent or threatening conduct.

A. A hotel employer shall provide a personal security device to each hotel worker assigned to work in a guest room or restroom facility where other hotel workers are not assigned to be present. The personal security device shall be provided at no cost to the hotel worker and shall be maintained in good working order by the hotel employer.

B. A hotel worker may activate a personal security device whenever a hotel worker reasonably believes that violent or threatening conduct or an emergency is occurring in the hotel worker's presence. Immediately prior to or upon activating the device, the hotel worker may cease work and leave the immediate area of danger to await assistance.

No hotel worker shall be subject to an adverse employment action for activating a personal security device or for ceasing work to await assistance absent clear and convincing evidence that the hotel worker knowingly and intentionally made a false claim of emergency.

C. A hotel employer shall at all times have a designated and assigned security guard who can receive alerts from personal security devices and can provide immediate on-scene assistance in the event that a personal security device is activated. For all such designated security guards, hotel supervisors, and managers, the hotel employer shall provide no fewer than three (3) hours of training on (a) the requirements of this section; (b) instruction on the proper functioning and maintenance of the hotel's personal security devices; and (c) the protocols for responding to an activated personal security device. Such training shall be conducted at least annually, and the hotel employer shall maintain accurate records demonstrating attendance at such trainings for no less than three (3) years following the date of the training, a copy of which shall be provided to any hotel worker or hotel worker's designated representative who requests such record.

D. A hotel worker who brings to the attention of a hotel employer violent or threatening conduct by a hotel guest shall be afforded the following rights:
i. A hotel employer shall immediately allow a hotel worker sufficient paid time to report the violent or threatening conduct to a law enforcement agency and to consult with a counselor or advisor of the hotel worker's choice. ii. A hotel employer shall not prevent, or attempt to prevent, a hotel worker from reporting violent or threatening conduct to a law enforcement agency. 2036

iii. A hotel employer shall not take or threaten to take any adverse employment action against a hotel worker based on the hotel worker's decision to report or not to report violent or threatening conduct to a law enforcement agency.
iv. Upon request by a hotel worker, a hotel employer shall provide reasonable accommodations to a hotel worker who has been subjected to violent or threatening conduct. Reasonable accommodations may include, but are not limited to, a modified work schedule, reassignment to a vacant position, or other reasonable adjustment to job structure, workplace facility, or work requirements. v. A hotel employer shall place on the back of the entrance door to each guest room and restroom facility in a hotel a sign written in a font size of no less than eighteen (18) points that includes the heading "The Law Protects Hotel Workers From Threatening Behavior," provides a citation to this chapter of the City of Ontario Municipal Code, and notifies guests that the hotel employer provides personal security devices to its employees.
vi. A hotel employer shall provide annual training to its hotel workers regarding how to use and maintain a personal security device, the hotel employer's protocol for responding to activation of a personal security device, and the rights of hotel workers and obligations of the hotel employer as set forth in this section. Such training shall be provided to hotel workers by the later of thirty (30) days after the effective date of this chapter or within one (1) month of the hotel worker's date of hire. The hotel employer shall provide the training in each language spoken as the primary language of at least ten percent (10%) of the hotel's workforce. The hotel employer shall maintain accurate records demonstrating attendance at such trainings, a copy of which shall be provided to any hotel worker or hotel worker's designated representative who requests such records.

Sec. 5-34.04. Measures to provide fair compensation for workload.

A. A hotel employer shall not require a room attendant to perform room cleaning amounting to a total of more than three thousand five hundred (3,500) square feet of floor space in any eight-hour workday, unless the hotel employer pays the room attendant twice the room attendant's regular rate of pay for each and every hour worked during the workday. If a room attendant during a workday of eight (8) or more hours is assigned to clean any combination of six (6) or more special-attention rooms or additional-bed rooms, the total amount of square footage that will entitle a room attendant to premium pay under this section, referred to herein as the workload limitation, shall be reduced by five hundred (500) square feet for each such special- attention room or additional-bed room over five (5). If a room attendant is required to clean floor space in more than one (1) hotel building during a workday, the total workload limitation under this subsection shall be reduced by five hundred (500) square feet for each additional hotel building. If a room attendant is required to clean floor 2037

space on more than one (1) floor of a hotel building, the total workload limitation under this subsection shall be reduced by five hundred (500) square feet for each additional floor. The workload limitations contained in this section apply to any combination of spaces, including guest rooms, meeting rooms, and other rooms within the hotel, and apply regardless of the furniture, equipment, or amenities in such rooms. The hotel employer shall state the actual square footage of each room in any written assignment of rooms that it provides to room attendants.

B. The maximum floor space set forth in subsection A shall be reduced on a prorated basis if a room attendant works less than eight (8) hours in a workday, or is assigned to perform room cleaning for less than eight (8) hours in a workday, and shall be increased on a prorated basis for each hour of overtime that a room attendant works in excess of eight (8) hours in a workday, and shall be calculated on a prorated basis by room attendant if a room attendant is assigned to clean rooms jointly with one (1) or more other room attendants.

C. A hotel employer shall not require or permit a hotel worker to work more than ten (10) hours in a workday unless the hotel worker consents in writing to do so. A hotel worker's consent shall not be valid unless the hotel employer has advised the hotel worker in writing prior to the hotel worker's consent that the hotel worker may decline to work more than ten (10) hours in a workday and that the hotel employer will not subject the hotel worker to any adverse employment action for declining to work more than ten (10) hours in a workday. This subsection shall not apply in the event of an emergency.

D. A hotel shall not implement any program or policy whereby guest rooms are not cleaned after each and every night that they are occupied, including a program under which guests receive a financial incentive to not have their guest room cleaned on a daily basis. This subsection does not prevent a hotel from continuing, modifying or establishing a sustainable environmental program, such as a "green program," under which guests are encouraged to re-use linens, bath towels or similar items, nor does it require a hotel to have any guest room cleaned when the occupant has opted-out of such service without solicitation by the hotel or when the occupant informs the hotel that they do not wish to be disturbed.

E. Each hotel employer shall maintain for at least three (3) years a record of each room attendant's name, rate of pay, pay received, identification of rooms cleaned, actual square footage of each room cleaned, number of special-attention rooms, number of additional hotel buildings, number of additional-bed rooms, and total square footage cleaned for each workday, overtime hours worked for each workday, and any written consents provided pursuant to subsection C of this section. A hotel employer shall make these records available for inspection and copying to any hotel worker or hotel worker's designated representative, except that the names and other personally identifying information of individual hotel workers shall be redacted except to the extent that the records identify the hotel worker who is making the request. A hotel employer shall maintain an accurate record of the square footage of each room that room attendants 2038

are assigned to clean, a copy of which shall be provided to any hotel worker or hotel worker's designated representative who requests such record.

Sec. 5-34.05. Subcontracting of hotel room cleaning.

A. Effective 30 days from the effective date of the ordinance, a client hotel employer may not enter into any new, amended, or extended contract, oral or written, or any other arrangement under which a labor contractor supplies hotel workers to perform room cleaning, as defined in section 3-6-102.

B. Subsection A of this section shall not apply to a temporary contract between a client hotel employer and a labor contractor that meets the following criteria:
(1) lasts no more than 3 consecutive days and is not subject to renewal during the same calendar year;
(2) addresses an unforeseen emergency; and
(3) does not displace or reduce the working hours of any hotel employee employed by the client hotel employer who performs room cleaning.

C. A client hotel employer may use one or more labor contractors to perform room cleaning pursuant to one or more temporary contracts under subsection B of this section for no more than 15 days during any calendar year.

D. Each hotel employer shall maintain for a period of three (3) years records showing any contract or other arrangement with a labor contractor for the provision of hotel workers to provide room cleaning and documentation of any unforeseen emergency or unexpected increase in demand used to justify the use of a temporary contract or arrangement under subsection B of this section. A hotel employer shall make these records available for inspection and copying to any hotel worker or hotel worker's designated representative who requests such records.

Sec. 5-34.06. Notice of change in control.

A. Within five (5) days of a change in control of a hotel, event center, or airport hospitality operation, a successor employer shall post written notice of the change in control at the location of the affected business. This written notice shall remain posted during any closure of the affected business and for six (6) months following the first date on which the affected business is open to the public under the successor employer.

B. The written notice provided for in subsection A shall include, but not be limited to, the name and contact information of the incumbent employer, the name and contact information of the successor employer, and the effective date of the change in control. 2039

C. The written notice provided for in subsection A shall be posted in a conspicuous place at the affected business and shall be readily visible to all eligible workers, as well as other employees and applicants for employment.

Sec. 5-34.07. Worker retention.

A. Within fifteen (15) days of a change in control, an incumbent employer shall provide a successor employer with a list of eligible workers. This list shall include the name, date of hire, and job classification of each eligible worker. A successor employer shall be required to maintain and hire from this list during the worker retention period.

B. A successor employer shall, during the worker retention period, offer each eligible worker employment for no less than ninety (90) days, except that:
i. A successor employer shall not be required to offer employment to an eligible worker if the successor employer has reasonable and substantiated cause not to retain that eligible worker based on that eligible worker's individual performance or conduct while employed by the incumbent employer; and
ii. If a successor employer determines during the worker retention period that it requires fewer workers than were required by the incumbent employer, the successor employer shall retain eligible workers by seniority within each job classification to the extent that comparable job classifications exist.

C. An eligible worker retained pursuant to this section shall be employed under terms and conditions established by the successor employer as required by law and shall not be discharged except for good cause based on individual performance or conduct.

D. An offer of employment made pursuant to subsection B shall be made in writing and shall remain open for at least ten (10) business days from the date of the offer.

E. A successor employer shall retain written verification of each offer of employment made pursuant to subsection B. This verification shall include the name, address, date of hire, and job classification of the eligible worker to whom the offer was made. A successor employer shall retain the required verification for no less than three (3) years from the date the offer is made.

F. At the end of the worker retention period, a successor employer shall provide each worker retained pursuant to this section with a written performance evaluation. If the worker's performance was satisfactory, the successor employer shall consider offering the worker continued employment under the terms and conditions established by the successor employer and as required by law. A successor employer shall retain the written performance evaluation required under this subsection for no less than three (3) years from the date it is issued.
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G. The rights to retention set forth in this section do not apply to any managerial, supervisory, or confidential employee and do not include the right to retain any supervisory or management responsibility.

Sec. 5-34.08. Minimum wage payment requirements.

A. Hotel employers, event center employers, and airport hospitality employers shall pay hotel workers, event center workers, and airport hospitality workers, as applicable, a wage of no less than the hourly rates set under the authority of this article.

B. Starting upon the effective date of this ordinance, the minimum wage for each worker described in Paragraph A of this Section, not including gratuities, service charge distributions, commissions, or bonuses, to the worker, shall be eighteen dollars ($18) per hour. Thereafter, the minimum wage shall increase as follows:

July 1, 2027 $21.00 per hour
July 1, 2028 $24.00 per hour
July 1, 2029 $27.00 per hour
July 1, 2030 $30.00 per hour

C. Starting on July 1, 2029, and annually thereafter on July 1, the minimum wage rate required under subsection B of this section will increase based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area (Los Angeles-Riverside-Orange County, California), which is published by the Bureau of Labor Statistics.

D. The City Manager shall announce the adjusted rates on March 1st and publish a bulletin announcing the adjusted rates, which shall take effect on July 1st of each year.

Such bulletin will be made available to all hotel employers, event center employers, and airport hospitality employers and to any other person who has filed with the City Manager a request to receive such notice, but lack of notice shall not excuse noncompliance with this section. The City Manager shall prescribe a poster advising hotel workers, event center workers, and airport hospitality workers of their rights under this section and distribute it to all hotel employers, event center employers, and airport hospitality employers. A hotel employer, event center employer, or airport hospitality employer shall post the notice in a prominent place where it will be seen by its hotel workers, event center workers, or airport hospitality workers, as applicable. A hotel employer, event center employer, or airport hospitality employer shall provide written notification of the rate adjustments to each of its hotel workers, event center workers, or airport hospitality workers and make the necessary payroll adjustments by July 1st following the publication of the bulletin. Other forms of compensation, such as service charges, commissions, bonuses, tips, or gratuities, received by hotel workers, event center workers, or airport hospitality workers shall not be credited as being any part of or offset against the wage rates required by this Section. 2041

Sec. 5-34.09. Service charges.

A. Hotel employers, event center employers, and airport hospitality employers shall distribute all service charges in their entirety to the hotel workers, event center workers, and airport hospitality worker(s) who performed services for the customers from whom the service charges are collected. No part of these amounts may be paid to workers whose primary role is supervisory or managerial. No hotel employer, event center employer, or airport hospitality employer, or agent thereof, shall deduct any amount from wages or other compensation due a worker on account of a service charge, or require a worker to credit the amount of a service charge, in whole or in part, against or as a part of the wages or other compensation due the worker.

B. Amounts collected as service charges shall be paid to hotel workers, event center workers, and airport hospitality workers equitably and according to the services that are or appear to be related to the description of the service charge given by the hotel employer, event center employer, or airport hospitality employer to the customers.

Except as otherwise required by law, amounts collected as surcharges for healthcare or other employee benefits shall be: (i) deposited within seven days of their collection into segregated accounts controlled exclusively by workers, including but not limited to Flexible Spending Accounts, Health Savings Accounts, or Premium-Only Cafeteria Plans; or (ii) paid to workers in wages. No part of any amount collected as a surcharge for healthcare, or as a surcharge identified by the employer as a benefit for workers, shall revert to the employer.

C. Without limitation of the foregoing:
i. Service charge amounts collected for hotel or event center banquets, or hotel or event center-catered meetings, shall be paid to the hotel workers or event center workers as applicable who actually work at the banquet or catered meeting; ii. Service charge amounts collected for hotel room service shall be paid to the hotel workers who actually deliver food and beverage associated with the charge; and
iii. Service charge amounts collected for hotel porterage service shall be paid to the hotel workers who actually carry the baggage associated with the charge.

D. All service charges must be disclosed to consumers with clear and conspicuous notice prior to the time that the customer makes a purchase or selection, in such a way that customers might easily and reasonably deduce what the service charge is for.

E. Hotel employers, event center employers, and airport hospitality employers shall disclose in writing to each hotel worker, event center worker, and airport hospitality worker, as applicable, its plan of distribution of service charges and shall report to workers on each payroll date the amount of service charges collected and amount distributed to workers for the pay period in question.
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F. The amounts shall be paid to the workers no later than the next payroll following collection of the service charge amounts from customers, except that any amounts collected in cash shall be paid to workers at the close of business on the day the amounts are collected.

G. A hotel employer, event center employer, or airport hospitality employer who permits customers to pay service charges by credit card shall pay the workers the full amount of the service charge that the customer indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company.

H. The hotel employer, event center employer, or airport hospitality employer shall keep records showing compliance with the provisions of this section for no less than three (3) years from the date of collection of service charge amounts from the customer, a copy of which shall be provided to any hotel worker, event center worker, or airport hospitality worker, or such worker's designated representative, who requests such record.

I. This section does not apply to any tip, gratuity, money, or part of any tip, gratuity, or money that has been paid or given to or left for a hotel worker, event center worker, or airport hospitality worker by customers over and above the actual amount due for services rendered or for goods, food, drink, or articles sold or served to customers.

Sec. 5-34.10. Limited waiver for certain employers.

A. The City Manager shall grant a waiver from particular requirements of this chapter to any hotel employer, event center employer, or airport hospitality employer who demonstrates, with evidence, that compliance with such requirements would require the employer, in order to avoid bankruptcy or a shutdown of the hotel, to reduce its workforce by more than 20 percent (20%) or curtail its workers' total work hours by more than 30 percent (30%). The City Manager shall grant such a waiver only after reviewing an employer's evidence of its financial condition at the employer's expense. A waiver granted under this section shall be valid for no more than one (1) year. A determination by the City Manager to grant or deny a request for waiver under this section may be appealed to the City Council within fourteen (14) days after the date of the City Manager's action by any aggrieved person. All provisions of this chapter shall apply as written to all hotel employers, event center employers, or airport hospitality employers in the City unless and until the City Manager grants a waiver to such an employer pursuant to this Section or, if a timely appeal is filed, until the City Council makes the final determination to grant a waiver to a hotel employer, event center employer, or airport hospitality employer. Notwithstanding this section, no waiver shall be granted with respect to the requirements of section 5-34-03 of this chapter.

B. Prior to submitting a waiver application pursuant to this section, a hotel employer, event center employer, or airport hospitality employer shall provide written notice of the waiver application to all hotel workers, event center workers, and airport hospitality 2043

workers, as applicable, employed by the employer. Within three (3) days of receiving a waiver determination from the City Manager under this section, a hotel employer shall provide written notice of the determination to all hotel workers, event center workers, or airport hospitality workers employed by the employer.

Sec. 5-34.11. Notice.

A hotel employer, event center employer, or airport hospitality employer shall provide written notice of the rights of workers set forth in this chapter to each hotel worker, event center worker, or airport hospitality worker, as applicable, at the time of hire or within thirty (30) days of the effective date of this chapter, whichever is later. Such written notice shall be provided in English, Spanish, and any other language known by the employer to be spoken by ten percent (10%) or more of the workers employed by the employer at the relevant worksite.

Sec. 5-34.12. Retaliatory action prohibited.

No person shall discharge, reduce compensation of, take adverse employment action against, or otherwise discriminate against any worker for opposing any practice proscribed by this chapter, for participating in proceedings related to this chapter, for seeking to enforce a worker's rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. An employer taking any adverse employment action against any worker who is known to have engaged in any of the foregoing activities within one (1) year preceding the adverse employment action shall provide to the worker at or before the time of the adverse employment action a detailed written statement of the reason or reasons for the discharge or other adverse employment action, including all the facts claimed to substantiate the reason or reasons.

Sec. 5-34.13. Administrative Regulations.

The City Manager is authorized to adopt administrative regulations that are consistent with and in furtherance of the provisions of this chapter. Violations of the administrative regulations adopted pursuant to this section and within the authority of the City Manager shall constitute violations of this chapter and shall subject the violator to the penalties set forth in this chapter.

Sec. 5-34.14. Joint Civil Liability.

A hotel employer, event center employer, or airport hospitality employer who contracts with another person, including, without limitation, another hotel employer, event center employer, or airport hospitality employer, or a temporary staffing agency, employee leasing agency, or professional employer organization, to obtain the services of hotel workers, event center workers, or airport hospitality workers shall share all civil legal responsibility and civil liability for violations of this chapter by that person for workers performing work pursuant to the contract. For the purposes of this section, the term "person" shall not include:
i. A bona fide nonprofit organization that provides services to workers; 2044

ii. A bona fide labor organization, as defined in 29 U.S.C. §152, or an apprenticeship program, training program, or hiring hall operated pursuant to a labor-management agreement.

Sec. 5-34.15. Supersession by Collective Bargaining Agreement.

The provisions of sections 5-34-03 through 5-34-09 of this chapter, or any part thereof, may be waived pursuant to a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in clear and unambiguous written terms. Neither party to a collective bargaining relationship may waive or supersede any provision of this chapter by means of unilaterally imposed terms or conditions of employment.

Sec. 5-34.16. Enforcement.

A. A hotel worker, event center worker, or airport hospitality worker, or designated representative of such a worker, claiming violation of this chapter may report such claimed violation to the City Manager, who shall cause such complaint to be investigated. Whether based upon such a complaint or otherwise, where the City Manager or the City Manager's delegatee has determined that a hotel employer, event center employer, or airport hospitality employer has violated this chapter, the City Manager shall issue a written notice to such employer that the violation is to be corrected within ten (10) days. In the event that the hotel employer, event center employer, or airport hospitality employer has not demonstrated to the City Manager within such period that it has cured such violation, the City Manager may then request the City Attorney to pursue a civil action against the hotel employer, event center employer, or airport hospitality employer under subsection B of this section.

B. In addition, the City or any aggrieved hotel worker, event center worker, or airport hospitality worker, or designated representative of such workers, may enforce the provisions of this chapter by means of a civil action, regardless of whether a complaint has been filed with the City Manager under subsection A of this section. A worker's filing of a complaint with the City Manager, or a worker's failure to file such a complaint with the City Manager, shall in no way alter that worker's right to bring a civil action under this subsection.

C. Any person who commits an act, proposes to commit an act, or engages in any pattern or practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. An action for an injunction under this subsection may be brought by any aggrieved hotel worker, by the City Attorney, or by any person or entity who will fairly and adequately represent the interests of an aggrieved worker or workers.

D. Any person who violates the provisions of this chapter is liable for any actual damages suffered by any aggrieved hotel worker, event center worker, or airport hospitality worker. For each violation of this article, such person shall also be liable for penalties of up to two hundred dollars ($200) per aggrieved hotel worker, event center worker, or airport hospitality worker per each day of violation, except that penalties for 2045

failure to maintain or provide records shall not exceed one thousand five hundred dollars ($1,500) per day for all affected workers. For willful violations, the amount of monies and penalties to be paid under this subsection shall be trebled.

E. In a civil action brought under this section, the court shall award a prevailing plaintiff reasonable attorneys' fees and costs, including expert witness fees.

F. The remedies set forth in this chapter are cumulative. This chapter shall not be construed to limit an aggrieved worker's right to bring a legal action for violation of any other federal, state, or local law. Nothing in this chapter shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution or civil claim under this Code or state or federal law.

G. Notwithstanding any provision of this Code or any other ordinance to the contrary, no criminal penalties shall attach for violation of this chapter.

H. A civil action to collect damages and penalties under this chapter must be commenced within three (3) years from the date the cause of action created by this Section accrues. The cause of action shall be deemed to accrue either on the date of the alleged violation or on the date the aggrieved party discovered, or reasonably should have discovered, the facts constituting the alleged violation, whichever is later.” SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or application of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Ordinance. The voters of the City of Ontario hereby declare that they would have passed this Ordinance and each and every section, subsection, subdivision, paragraph, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Conflicting Measures
This measure is intended to be comprehensive. It is the intent of the voters of the City of Ontario that, consistent with California Elections Code section 9221, should this measure and one or more measures relating to regulation of employee welfare and wages at large hospitality venues appear on the same ballot, the provisions of the other measure or measures shall be deemed to conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the other measure or measures shall be null and void.

SECTION 5. Effective Date
The proposed ordinance that is the subject of this initiative, once approved by the voters at an upcoming election as authorized by law, shall be deemed adopted upon the date 2046

that the vote is declared by the City Council, and shall go into effect ten (10) days after that date.

SECTION 6. Liberal Construction
This measure is an exercise of the initiative power of the people of the City of Ontario to implement the regulations set forth in the Ordinance, and it shall be liberally construed to effectuate these purposes.

SECTION 7. Amendments
The provisions of this Ordinance may be amended only upon approval by the voters of the City of Ontario except that the City Council is authorized to amend this Ordinance only to the extent the amendment strengthens, enhances, or expands upon the wages, protections or benefits this Ordinance provides for employees.

SECTION 8. Attestation of Ordinance.

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on March 24, 2026, by signing where indicated below.

PASSED, APPROVED AND ADOPTED by the People of the City of Ontario this 24th day of February 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

______________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

______________________________

BEST, BEST & KRIEGER LLP

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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. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopt ed at the regular meeting held ___________, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

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RESOLUTION NO. _______

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

CALIFORNIA SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF ONTARIO ON THE MARCH 24 , 2026 SPECIAL MUNICIPAL

ELECTION BALLOT AN INITIATIVE MEASURE TO REQUIRE

STATUTORY DEVELOPMENT AGREEMENTS AND VOTER APPROVAL

FOR ALL MAJOR HOTEL DEVELOPMENT PROJECTS AND MAJOR
EVENT CENTER DEVELOPMENT PROJECTS IN THE CITY ;

REQUESTING THE COUNTY OF SAN BERNARDINO TO PROVIDE
SPECIFIED ELECTION SERVICES TO CONDUCT SAID ELECTION; AND

SETTING RULES AND DEADLINES FOR ARGUMENTS AND
REBUTTALS FOR AND AGAINST THE MEASURE.

WHEREAS, pursuant to authority provided by the California Elections Code, a petition has been filed with the City Council of the City of Ontario, seeking to enact an initiative measure/ordinance which would add Chapter 10.0 to Title 9 of the Ontario Municipal Code to require statutory development agreements and voter approval for all “Major Hotel Development Projects” and “Major Event Center Development Projects” in the City, as defined therein (the “Measure” or “Ordinance”); and WHEREAS, pursuant to California Elections Code section 9215, an initiative petition must be in filed with the City in valid form and signed by not less than ten percent (10%) of the registered voters of the City in order to qualify the Measure for the ballot; and
WHEREAS, because the petition contains more than 500 voter signatures, the City Clerk utilized the random sampling method to verify no less than 500 petition signatures, as authorized by California Elections Code sections 9115 and 9211; and WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the petition complies with California law and, based upon a random sampl ing method examination of petition signatures against voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Measure for the ballot under the Elections Code; and WHEREAS, the City Council has not voted in favor of adoption of the Measure without alteration; and
WHEREAS, the City Council is therefore authorized an d required by California Elections Code sections 1100, 1405 and 9215 to either:
(i) submit the proposed Measure to the voters at its “next regularly scheduled election occurring not less than 88 days after the date of the order of election”, or (ii) submit the proposed Measure to the voters at an earlier special election that is on a Tuesday which is not on, before or after a State holiday , and which “shall be 2049

held not less than 88 days nor more than 103 days after the order of the election”; and
WHEREAS, the next “regularly scheduled election” is the City’s General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council desires to call this Measure for an earlier Special Municipal Election to be held on March 24, 2026, said date meeting all of the criteria stated above for a special municipal election; and
WHEREAS, the specific terms of the Measure are attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws; and
WHEREAS, it is desirable that the County of San Bernardino render all required services to the City in connection with said Special Municipal Election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Measure in accordance with applicable California Elections Code procedures.

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

2050

"Shall the measure, placed on the ballot by initiative, which imposes a new requirement on the city’s
approval of certain major hotel and event center
development projects, including the requirement that
the city adopt a development agreement as defined in
state law, with additional required local findings beyond those set by state law, and that such development
agreement be approved by the voters at an election,
be adopted?"
YES

SECTION 4. Election Procedures.

A. The ballots to be used at the election shall be in the form and content as required by law.

B. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of San Bernardino County to permit the County Registrar of Voters/Election Department to render all required services to the City of Ontario to conduct a Special Municipal Election for the Measure. The election services which the City of Ontario r equests the Registrar of Voters/ Election Department, or such other official as may be appropriate, to perform, and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: making such publications as are required by law in connectio n therewith; the establishment of precincts, polling places, voting centers and election officers; the establishment of ballot drop boxes, the preparation, printing, mailing and furnishing of sample and vote-by-mail ballots and other necessary supplies or materials to conduct the election; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Ontario; and the performance of such other election services as may be requested by the City Clerk.

C. The City of Ontario recognizes that additional costs will be incurred by the County by reason of this request for services and agrees to reimburse the County for any costs.

D. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

E. The polls, voting centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.
2051

F. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

G. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

H. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

I. The San Bernardino County Registrar of Voters is her eby authorized to canvass the returns of said election.

SECTION 5. Arguments and Impartial Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the above Measure, (iii) any individual voter eligible to vote on the above Measure, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argum ents may be changed until and including Tuesday, December 30, 2025, after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5( A) above. The impartial analysis shall include a state ment indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not 2052

printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the Ordinance or Mea sure, please call the election official’s office at (909) 395-2000 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 5 shall apply only to the election to be held on March 24, 2026, and shall then be repealed.

SECTION 6. Rebuttals.

A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than Friday, January 9, 2026. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. The provisions of this Section 6 shall apply only to the election to be held on March 24, 2026, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Measure at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Cle rk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

SECTION 9. Public Examination. Pursuant to California Elections Code section 9295, the Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.

SECTION 10. CEQA. The City Council here by finds and determines that placement of the Measure on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines and is, therefore, not subject to CE QA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029. 2053

SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

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

PASSES, APPROVED AND ADOPTED this 16th day of December 2025.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

__________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO LEGAL FORM:

_______________________

BEST, BEST & KRIEGER LLP

CITY ATTORNEY
2054

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted b y the City Council of the City of Ontario at their regular meeting held December 16, 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held December 16, 2025.

_____________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

2055

EXHIBIT “A”
ORDINANCE NO. __________

AN ORDINANCE OF THE PEOPLE OF THE CITY OF ONTARIO,
CALIFORNIA, ADDING CHAPTER 10.0 TO TITLE 9 OF THE ONTARIO

MUNICIPAL CODE TO REQUIRE STATUTORY DEVELOPMENT

AGREEMENTS AND VOTER A PPROVAL FOR ALL MAJOR HOTEL

DEVELOPMENT PROJECTS AND MAJOR EVENT CENTER
DEVELOPMENT PROJECTS IN THE CITY.

THE PEOPLE OF THE CITY OF ONTARIO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Title. This Ordinance shall be known as the "Initiative to Require Voter Approval for Major Hotel Development Projects and Major Event Center Projects." SECTION 2. Legislative Findings. The people of the City of Ontario hereby find and declare the following:
(a) Major development projects often inv olve significant expenditures of taxpayer money and gifts of public land and may take the place of other projects that otherwise could have more directly benefited Ontario residents.
(b) While hotels can bring good jobs and add to the City's economic base, man y hotels burden City social services and impede the development of new housing. (c) Stadium development projects in other cities have rarely benefited those cities to the extent promised by developers, and local governments across the country have placed conditions on the use of public funds for such stadiums. (d) The benefits provided by the development of major event centers do not always justify their cost, as large venues can crowd out other small businesses from vibrant commercial areas and can prevent the land from being put to potentially better uses, such as affordable housing.
(e) Transparency in the approval of large hotels and event centers is critical to ensure that significant development projects benefit the People. (f) The purpose of this Ordinance is to ensu re that responsible governmental practices are followed in situations where the City Council must decide whether to approve an application to build a major new hotel or event center. (g) To achieve this purpose, this Ordinance requires that Major Hotel Development Projects and Major Event Center Development Projects obtain a development agreement and voter approval.
2056

SECTION 3. Initiative to Require Voter Approval for Major Hotel Development Projects and Major Event Center Projects
Chapter 10.0 of the City of Ontario Development Code is added to read as follows:
“Chapter 10.0. Requirements for Major Hotel Development and Major Event Center Projects
Sections:

10.01.001: Definitions

10.01.002: Major Hotel Development and Event Center Project Requirements

10.01.003: City Council Approval of Development Agreement for Major Hotel Development or Event Center Project

10.01.004: Voter Approval of Major Hotel Development Project or Major Event Center Project

10.01.005: Other Requirements for Major Hotel Development Projects and Major Event Center Projects

10.01.001: Definitions
The following definitions apply to this chapter:
"Hotel" means an establishment that provides temporary lodging for payment in the form of overnight accommodations in guest rooms t o transient patrons for periods of thirty (30) consecutive calendar days or less, and may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. "Hotel" includes hotels, motor lodges, motels, apartment hotels, transient occupancy residential structures and extended-stay hotels that rent units (including units with kitchens) for fewer than thirty (30) days, private residential clubs, tourist courts, and hostels that contain both dormitory-style accommodations and private guest rooms that may be reserved, meeting the definition set forth above. "Hotel" also includes any contracted, leased, or sublet premises connected to or operated in conjunction with a hotel or that is used for the primary purpose of providing services at a hotel. Except as provided above, the term "hotel" does not include corporate housing, rooming houses, boarding houses, single-room occupancy housing, or licensed bed and breakfast establishments within a single-unit residence. "Hotel" does not include a short- term rental of a residence, part of a residence, or detached accessory unit to a residence. "Hotel Development Project" means any construction, addition, or alteration of a hotel.
"Major hotel development project" means a project involving the construction of the addition to, or the alteration of, any buildings or structures, that results in the 2057

cumulative creation or addition of eighty (80) or more hotel guest rooms. In determining whether a project is a major hotel development project, the cumulative sum of related or successive permits that are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot as determined by the Planning Director, sh all be considered.
"Major event center development project" means a project involving the construction of, the addition to, or the alteration of, any buildings or structures, which cumulatively create or add facilities of more than 50,000 square feet or wi th a seating capacity of 1,000 seats or more that are used for public performances, sporting events, business meetings or similar events, including but not limited to stadiums, sports arenas, racetracks, coliseums, concert halls, and convention centers. In determining whether a project is a major event center development project, the cumulative sum of related or successive permits which are part of a larger project, such as piecemeal additions to a building, or multiple buildings on a lot as determined by t he Planning Director, shall be considered.
"Minor modification" includes minor adjustments/alterations such as those listed in Development Code Sections 4.02.020 and 4.02.080 but does not include modifications that require additional discretionary City approvals, or that change the square footage or number of rooms in a Hotel Development Project or increase the square footage or number of seats in a Major Event Center Development Project, by more than 5%. "Project Proponent" means any person, firm, association, syndicate, partnership, limited liability company, limited liability partnership, corporation, trust, or any other legal entity applying to the City of Ontario for entitlements for a development project.

10.01.002. Major Hotel Development and Event Center Project Requirements A. Major Hotel Development Projects and Major Event Center Development Projects, in addition to any other applicable requirements of the Ontario Development Code, shall require a statutory development agreement as defined in Calif ornia Government Code § 65867.5 and voter approval of the development agreement, as set forth in Section 10.01.003 and 10.01.004, except as follows:

1. This requirement shall not apply to the repair, replacement, restoration, or reconstruction of any existing building, structure, or improvement, whether conforming or nonconforming, which has been damaged by fire, flood, wind, earthquake, or other disasters, up to the original size, placement and density and subject to any other applicable requirements of the Development Code.

2. This requirement shall not apply to a Hotel Development Project or a Major Event Center Development Project if, before the effective date of this chapter, the Project Proponent has lawfully obtained a building permit for the project and acquired a vested right to complete construction in accordance with the terms of the permit.
2058

10.01.003. City Council Approval of Development Agreement for Major Hotel Development or Event Center Project
Unless exempted by Section 10.01.002, and in addition to any other findings or requirements applicable by law, to approve a Major Hotel Development Project or Major Event Center Development Project development agreement, the City Council must make a finding of fact that the evidence presented shows that all of the following conditions exist:

A. The Major Hotel Development Project's or Major Event Center Development Project's location, size, height, operations and other significant features, including open space and other improvements, will be compatible with the scale and character of the adjacent properties;
B. The Major Hotel Development Project or Major Event Center Development Project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region;
C. The Major Hotel Development Project or Major Event Center Development Project substantially conforms with the purpose, intent, and provisions of the General Plan and any applicable specific plan; D. There is sufficient market demand for the Major Hotel Development Project or Major Event Center Development Project proposed; E. The Major Hotel Development Project or Major Event Center Development Project will not unduly and negatively impact demand in the City for affordable housing, public transit, child-care, and other social services, taking into consideration the impact of the part-time or seasonal nature of work at the resulting hotel or event center and of the hotel or event center employees' expected compensation;
F. The applicant will take measures to employ residents of neighborhoods adjoining the Major Hotel Development Project or Major Event Center Development Project in order to minimize increased demand for regional transportation and to reduce demand for vehicle trips and vehicle miles traveled;
G. The applicant will take measures to encourage workers and guests to use public transportation, cycling and other non-automotive means of transportation; and
H. The Major Hotel Development Project or Major Even t Center Development Project will not unduly displace or negatively impact small businesses in the immediate vicinity and that the applicant will adopt measures to increase demand for local goods and services.
2059

10.01.004. Voter Approval of Major Hotel Devel opment Project or Major Event Center Project
A. Unless exempted by in Sections 10.01.002, a Major Hotel Development Project or Major Event Center Development Project shall be considered approved only after both (1) approval of the development agreement and an y other legislative entitlement or approval relating to the project by the City and (2) approval of the project by a majority of the voters of the City of Ontario voting "YES" on a ballot measure asking whether the development agreement and any other legislative entitlements for the project should be approved.

B. The vote of the electorate must occur at either a regular or special municipal election. An advisory election does not satisfy the voter approval requirements of this chapter.

C. The sample ballot materials mailed to the registered voters of Ontario prior to an election shall describe the Major Hotel Development Project or Major Event Center Project in a manner that clearly discloses both the scope and main features of the development project (including a ny and all phases of the project), and the location and the acreage of the development project site.

D. The vote of the electorate shall be set for a regular municipal election following City Council approval of the development agreement; or, by mutual agreement with the Project Proponent, the City Council may call a special municipal election, with the cost of the special election borne solely by the Project Proponent.

10.01.005 Other Requirements for Major Hotel Development Projects and Major Event Center Projects
For all Major Hotel Development Projects and Major Event Center Projects, except for those exempted under Section 10.01.002, the following shall apply.

A. The development agreement and popular vote required by this chapter shall be in addition t o all other applicable review and approval requirements for the project, including environmental review in compliance with the California Environmental Quality Act ("CEQA").

B. Any subsequent City permits or approvals necessary to implement all or part of a M ajor Hotel Development Project or Major Event Center Development Project shall conform to the development project description presented to voters for approval pursuant to Section 10.01.004.C.

C. No certificate of occupancy shall be issued for a Major Hotel De velopment Project or Major Event Center Development Project until the Project Proponent has paid all fees to the City of Ontario, and all mitigation measures required by the 2060

Ontario City Council have been fully implemented or the City Council and the Project Proponent have entered into an enforceable agreement to implement all mitigation measures.

D. Any permits or approvals issued without voter approval, where such voter approval is required under this chapter, shall be null and void.

E. The development agreement and all other approvals for a Major Hotel Development Project or Major Event Center Development Project shall expire under the following conditions:

1. If construction (other than demolition or grading) fails to begin within 36 months of voter approval, in which case, outstanding permits will be void, unless the holder of the permit has lawfully and in good faith acquired a vested right under state law.

2. Building permits for the project expire or are revoked.

3. The permitted project is resubmitted, or modified, other than a Minor Modification that does not materially affect the findings in Section

10.01.003.”
SECTION 4. Amendments.

The provisions of this Ordinance may be amended or repealed only upon approval by the voters of the City of Ontario.

SECTION 5. Consistency with Other Ballot Measures.

It is the intent of the voters of the City of Ontario that, should this measure and one or more measures relating to the same subject matter appear on the same ballot, and if both measures pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure.

SECTION 6. Severability.

If any section, subdivision, clause, sentence, clause, phrase or word of this Ordinance is declared invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The voters of the C ity of Ontario hereby declare that they would have passed and adopted all sections, subdivisions, clauses, sentences, phrases and words of this Ordinance without the section, subdivision, clause, sentence, phrase or word declared invalid by a court of competent jurisdiction.

SECTION 7. Liberal Construction.

This measure is an exercise of the initiative power of the people of the City of Ontario to implement the regulations set forth in the Ordinance, and it shall be liberally construed to effectuate these purposes."
2061

SECTION 8. Attestation of Ordinance.

The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on March 24, 2026, by signing where indicated below.

PASSED, APPROVED AND ADOPTED by the People of the City of Ontario this 24TH day of February 2026.

_____________________________________
PAUL S. LEON, MAYOR

ATTEST:

_________________________________

SHEILA MAUTZ, CITY CLERK

APPROVED AS TO FORM:

_______________________________

BEST, BEST & KRIEGER LLP

CITY ATTORNEY

2062

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )

I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 2026 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

__________________________________

SHEILA MAUTZ, CITY CLERK

(SEAL)

2063

Ontario City CouncilDecember 16, 2025

Ontario City Council
December 16, 2025