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Home My WebLink About04-02-2025_Open Session_General comment_Terrell, Daryl_links sanitizedFrom:Daryl Terrell To:PublicComments Subject:Consideration Of Riverside County Catalytic Converter Unlawful Possession Ordinance Date:Saturday, March 29, 2025 5:05:03 PM Attachments:Untitled 65 16.pdf Catalytic Converter Possession 09 ORD RM.pdf 6f07da071d2475c853b881cb4ee12cd90.pdf Untitled-2.pdf Untitled 65 18.pdf CITY OF UPLAND CATALYTIC CONVERTER ORD 1978.pdf CHAPTERED AB 641, STATE CATALYTIC CONVERTER LAW.pdf Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Good evening, Madam City Clerk, I would like the following documents that are attached to this email to be entered into the public record for the Tuesday, April 2, 2025, City Council meeting. Sincerely, Daryl Terrell CITY OF ONTARIO Regular City Council/Housing Authority Meeting DECEMBER 6, 2022 City Hall 303 East B Street, Ontario, CA 91764 MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL All documents for public review are on file with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764. Anyone wishing to speak in person during public comment or on a particular item will be required to fill out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to publiccomments@ontarioca.gov. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record. Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted. In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items. Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking. ACCOMODATIONS If you need special assistance or accommodations to participate in this meeting, please contact CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ATTACHMENT: 20221206 Closed Session the City Clerk's office at 909-395-2009. Notification of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office. ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at 5:30 p.m., Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council. (EQUIPMENT FOR THE HEARING IMPAIRED AVAILABLE IN THE RECORDS MANAGEMENT OFFICE) CALL TO ORDER (OPEN SESSION) ROLL CALL Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon CLOSED SESSION PUBLIC COMMENT The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting. CLOSED SESSION GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Three (3) Cases GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Chino Basin Municipal Water District v. City of Chino et al., San Bernardino Superior Court Case No. RCVRS51010 GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario v. Inland Empire Utilities Agency, San Bernardino Superior Court Case No. CIVSB 2211925 PLEDGE OF ALLEGIANCE Council Member Bowman INVOCATION CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1. APPROVAL OF MINUTES ATTACHMENT: 20221101 Minutes (Not Official Until Approved).pdf Richard Hernandez The Church of God REPORT ON CLOSED SESSION City Attorney PUBLIC COMMENTS 6:30 P.M. The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to publiccomments@ontarioca.gov. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk. AGENDA REVIEW/ANNOUNCEMENTS The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modifications or announcements regarding Agenda items to be considered. CONSENT CALENDAR All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote. Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes. Minutes for the regular meetings of the City Council and Housing Authority of November 1, 2022 and approving same as on file in the Records Management Department. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2. BILLS & PAYROLL 3.AN AMENDMENT TO FIRSTWATCH SOFTWARE, SUPPORT AND MAINTENANCE CONTRACT 4.A DESIGN SERVICES AGREEMENT FOR THE ATP CYCLE 5 - VINE AVENUE & B STREET BIKE BOULEVARD PROJECT ATTACHMENT: ATP 5 - Project Location Map.pdf 5.MASTER SUBSCRIPTION AGREEMENT WITH WORKVIVO LIMITED FOR THIRD PARTY INTRANET SERVICES 6.AUTHORIZE THE PURCHASE OF MOBILE SOUND SHELL STAGE 7.ADOPTION OF ORDINANCES APPROVING THE 2021 INTERNATIONAL FIRE CODE AND THE 2022 CALIFORNIA BUILDING AND FIRE CODES ADOPTED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION IN THE CALIFORNIA CODE OF REGULATIONS Bills October 28, 2022 through November 10, 2022, and Payroll October 23, 2022 through November 5, 2022 when audited by the Finance Committee. That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 1 to the Software License Agreement with FirstWatch Solutions, Inc. of Carlsbad, California to provide software, support, and maintenance in the amount of $186,326. That the City Council approve a Design Services Agreement (on file in the Records Management Department) with Mark Thomas & Company, Inc., of Rancho Cucamonga, California, to provide Engineering Design Services for the Active Transportation Program (ATP) Cycle 5 - Vine Avenue & B Street Bike Boulevard Project, in the amount of $520,000; and authorize the City Manager, or his designee, to execute said Agreement and future amendments within the authorization limits. Authorize the City Manager or his designee to execute a Master Subscription Agreement (on file in the Records Management Department) with Workvivo Limited, Boonton New Jersey, for up to three years, for an amount not to exceed $231,980. That the City Council authorize the cooperative purchase of the ShowMaster 3000 Series, Mobile Sound Shell Stage for the Recreation & Community Services Department in the amount of $201,985 from Century Industries, LLC of Sellersburg, Indiana, consistent with the terms and conditions of the California Department of General Services, California Multiple Award Schedule No. 4-18-78-0088B. That the City Council approve and adopt: A. An Ordinance amending Chapter 4, Title 4 of the Ontario Municipal Code entitled "Fire Code" adopting by reference, with certain amendments, additions, deletions, and exceptions, the 2021 International Fire Code and the 2022 California Fire Code (California CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ATTACHMENT: FIRE CODE ADOPTION 01^ORD^RM ATTACHMENT: BUILDING CODE ADOPTION^02^ORD^RM 8.A RESOLUTION ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT ATTACHMENT: 20221206 Vacation V-303 Exhibit_A^01 ATTACHMENT: 20221206 Vacation V-303 RESO^02^RM ATTACHMENT: 20221206 Vacation V-303 RESO Exhibit AB^03 9.AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KOFF AND ASSOCIATES FOR A CLASSIFICATION AND COMPENSATION STUDY FOR THE PUBLIC WORKS AGENCY AND SPECIALIZED SUPPORT FOR SPECIALIZED RECRUITMENT ACTIVITIES Code of Regulations, Title 24, Part 9); and B. An Ordinance amending Chapters 1, 2, 3, 4, 5, 6, 7, 10,11, 12, and 14 of Title 8 of the Ontario Municipal Code to adopt the California Building Standards Code by reference, with certain amendments, additions, and deletions. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE; ADOPTING BY REFERENCE WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND CHANGES THERETO, THE 2022 CALIFORNIA FIRE CODE AND THE 2021 INTERNATIONAL FIRE CODE, PROVIDING FOR THE RECOVERY OF COSTS AND COLLECTION OF FEES; AND REPEALING ORDINANCE NO. 3062 OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, AND 14 OF TITLE 8 OF THE ONTARIO MUNICIPAL CODE, ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, INCORPORATING THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 1997 CALIFORNIA HOUSING CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 HISTORIC BUILDING CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED STANDARDS, TOGETHER WITH CERTAIN AMENDMENTS THERETO. That the City Council adopt a Resolution ordering the summary vacation of a sewer easement located approximately 1,000 feet north of Francis Street and approximately 30 feet west of Cucamonga Avenue. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A SEWER EASEMENT LOCATED APPROXIMATELY 1,000 FEET NORTH OF FRANCIS STREET AND APPROXIMATELY 30 FEET WEST OF CUCAMONGA AVENUE. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10.A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE HILLS, INC. FOR THIRD-PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES 11.ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM FOR FISCAL YEAR 2022-23 12.ACCEPT AND APPROVE LAW ENFORCEMENT GRANT PROGRAM FOR FISCAL YEAR 2021-22 13.AN AGREEMENT WITH MERCY HOUSE LIVING HOUSE CENTERS FOR ENHANCED SERVICES AND OPERATION OF THE EMERGENCY MOTEL VOUCHER PROGRAM 14.PURHASE AUTHORIZATION FOR ENGINE OVERHAUL OF A POLICE HELICOPTER 15.STATEWIDE PER CAPITA GRANT PROGRAM FUNDS FOR SAM ALBA MEMORIAL PARK REHABILITATION That the City Council approve and authorize the City Manager to execute Amendment No.1 to the Professional Services Agreement (on file with the Records Management Department) with Koff and Associates, a division of Gallagher Benefit Services Inc., of Berkeley, California, for a total not-to-exceed amount of $242,885 and a term from December 22, 2022 through December 22, 2025. Authorize the City Manager or his designee to execute a Professional Services Agreement (on file with the Records Management Department) with George Hills, Inc., Ontario California, for up to three years, with the option to automatically renew the agreement for two additional one-year terms, for an amount not to exceed $478,748. That the City Council authorize the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2022-23. That the City Council authorize the City Manager or his designee to execute all documents necessary to accept and approve the Citizen's Option for Public Safety (COPS) / Enhancing Law Enforcement Activities Subaccount (ELEAS) Grant for Fiscal Year 2021-22. That the City Council approve and authorize the City Manager or designee to execute a one- year agreement with Mercy House Living Centers, of Santa Ana, California, for supplemental hours at the Ontario Access Center, and operate the Emergency Motel Voucher Program, for a not-to-exceed amount of $105,000. That the City Council authorize the City Manager to execute a sole source purchase contract with Safran Helicopter Engines USA, Inc. of Grand Prairie, Texas in the approximate amount of $500,000 to overhaul the engine of one of the City's Police Air Support helicopters. That the City Council authorize the City Manager or designee to accept $286,906 of funding provided by the State Department of Parks and Recreation for the Statewide Per Capita Grant Program. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 16.RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURERS AND UPDATED INVESTMENT POLICY ATTACHMENT: 20221206 Resolution Updating Authorized Deputy City Treasurers^02 RESO- Local Agency Investment Fund^RM.docx ATTACHMENT: 20221206 Resolution Updating Authorized Deputy City Treasurers^03 RESO- City Funds^RM.docx ATTACHMENT: 20221206 Investment Policy (2022)^EXHIBIT A.docx 17.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FIFTH AMENDMENT TO DECLARATION OF ANNEXATION AND PROVIDING CITY MANAGER AUTHORITY REGARDING THE ONTARIO CENTER OWNERS ASSOCIATION AND THE PIEMONTE AT ONTARIO CENTER OWNERS ASSOCIATION ATTACHMENT: TOCOA RESO^01^RM 18.A RESOLUTION APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY 1.19 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE, APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048- 556-05, AND 1048-556-14, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37350 ET. SEQ. That the City Council adopt Resolutions rescinding Resolution Nos. 2021-164 and 2021-165; and amending the list of Deputy City Treasurers authorized to invest City funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario’s Investment Policy. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR THE INVESTMENT OF INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2021-164. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2021-165. That City Council adopt a resolution approving a Fifth Amendment to the Ontario Center Owner's Association Declaration of Annexation (on file in the Records Management Department) and authorize the City Manager or his designee to sign all documents necessary to implement said Amendment. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FIFTH AMENDMENT TO DECLARATION OF ANNEXATION AND PROVIDING CITY MANAGER AUTHORITY REGARDING THE ONTARIO CENTER OWNERS ASSOCIATION AND THE PIEMONTE AT ONTARIO CENTER OWNERS ASSOCIATION. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ATTACHMENT: Euclid Investment Group DDA Reso^02^RM.docx ATTACHMENT: Euclid Investment Group DDA Reso Exh A^03 19.A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL LAND ACQUISITION, RELOCATION AND PROPERTY MANAGEMENT SERVICES 20.A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) AT 549 WEST HOLT BOULEVARD That the City Council (“City”) consider and: A. Adopt a Resolution approving the Disposition and Development Agreement (“Agreement”) between the Euclid Investment Group, LLC. (“Developer”) (on file with the Records Management Department). B. Authorize the City Manager, or his designee, to sign all documents necessary to implement the Agreement. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID INVESTMENT GROUP, LLC, WITH RESPECT TO APPROXIMATELY 1.19 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF D STREET AND LEMON AVENUE, APN'S: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37350 ET. SEQ. That the City Council (“City”) approve and authorize the City Manager or his designee to execute Amendment No. 1 to a Professional Services Agreement with Overland, Pacific & Cutler, LLC in the not-to-exceed amount of $200,000. PUBLIC HEARINGS Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Affidavits of posting compliance, for all items below, are on file with the Records Management Department. That the City Council introduce and waive further reading of an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT (THE ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) ESTABLISHING DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ATTACHMENT: File No. PUD20-001^01 PC Backup ATTACHMENT: File No. PUD20-001^02^ORD^RM ATTACHMENT: File No. PUD20-001^03 ORD-PUD ATTACHMENT A 21.A PUBLIC HEARING TO INTRODUCE AN ORDINANCE ADOPTING A MAP FOR THE DISTRICT- BASED ELECTIONS UNDER THE CALIFORNIA VOTING RIGHTS ACT ATTACHMENT: Changing to By-District Election^ORD^RM 22.ORDINANCES REVISING THE CITY'S MUNICIPAL CODE BY (1) ADDING BARKING DOG VIOLATIONS AND CIVIL FINES, (2) AMENDING VARIOUS CODE ENFORCEMENT PROCEDURES, (3) ADOPTING STANDARDS FOR OVERSIZED VEHICLE PARKING AND FURTHER REGULATING COMMERCIAL VEHICLES, (4) ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE, (5) AMENDING PARKING RESTRICTIONS RELATED TO STREET SWEEPING AND TRASH COLLECTION, (6) AMENDING AND CLARIFYING PERFORMANCE STANDARDS, REPORTING OBLIGATIONS, AND ENFORCEMENT OUTCOMES RELATED TO THE TRANSIENT OCCUPANCY TAX, (7) IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY, (8) UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS, (9) ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY; (10) REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE 0.81-ACRE OF LAND LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09. That the City Council introduce an Ordinance adding a new article 3 to title 2 of volume 1 of the Ontario Municipal Code to change the city’s electoral system from at-large to by-district elections. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW ARTICLE 3 TO TITLE 2 OF VOLUME 1 OF THE ONTARIO MUNICIPAL CODE TO CHANGE THE CITY’S ELECTORAL SYSTEM FROM AT-LARGE TO BY- DISTRICT ELECTIONS WITH RESPECT TO ELECTING CITY COUNCIL MEMBERS AND MAINTAINING AN ELECTIVE MAYOR, ESTABLISHING DISTRICT BOUNDARIES, SCHEDULING ELECTIONS WITHIN THE DISTRICTS, AND MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ADMINISTRATIVE REPORTS/DISCUSSION/ACTION That the City Council consider and take action in: A. Adopting an Ordinance to repeal certain sections of the Ontario Municipal Code and add a new Article 2.5 to Chapter 1 of Title 6, relating to the City’s regulation of barking dog violations and methods of enforcement related thereto. CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov B. Adopting an Ordinance to amend certain sections of the Ontario Municipal Code, relating to the City’s code enforcement procedures, including administrative civil penalties, citations, and appeals. C. Adopting an Ordinance to amend Sections 4-6.1009 and 4-6.1016 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, add Section 4-6.1117 to Article 1 of Chapter 6 of Title 4 of the Ontario Municipal Code, and add Section 4-6.1020 to Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code adopting standards for oversized vehicle parking and further regulating the parking of commercial vehicles. D. Adopting an Ordinance to add Section 4-4.27 to Chapter 4 of Title 4 of the Ontario Municipal Code, relating to the City’s enforcement of the provisions of the Ontario Fire Code. E. Adopting an Ordinance to amend Section 4-6.1019 of Article 10 of Chapter 6 of Title 4 of the Ontario Municipal Code, relating to parking restrictions on public streets for street sweeping and trash collection. F. Adopting an Ordinance to amend Chapter 6 of Title 3 of the Ontario Municipal Code, relating to performance standards, reporting obligations, and enforcement outcomes related to the transient occupancy tax. G. Adopting an Ordinance to add Section 5.03.363 to Division 5.03 of Chapter 5 of the Ontario Development Code, relating to regulations of short-term rentals. H. Adopting an Ordinance to amend Chapter 18 of Title 6 of the Ontario Municipal Code, relating to penalties for the illegal cultivation of cannabis. I. Adopting an Ordinance to add Chapter 24 to Title 4 of the Ontario Municipal Code relating to the prohibition of unlawful possession of catalytic converters in the City. J. Adopting an Ordinance to amend Section 2-3.210 of Article 2 of Chapter 3 of Title 2 of the Ontario Municipal Code reflecting updates to the Ontario Police Department command structure. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, REPEALING SECTIONS 6-1.217 THROUGH 6-1.223 OF ARTICLE 2 OF CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE, AND ADDING ARTICLE 2.5, “BARKING DOG AND NOISY ANIMAL VIOLATIONS AND CIVIL FINES,” TO CHAPTER 1 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTERS 1-2, 1-4, 1-5, 2-11, 4-6, AND 5-22 OF THE ONTARIO MUNICIPAL CODE RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTIONS 4-6.1009 AND 4-6.1016 OF ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, ADDING SECTION 4-6.1117 TO ARTICLE 1 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE, AND ADDING SECTION 4-6.1020 TO ARTICLE 10 OF CHAPTER 6 OF TITLE 4 OF THE ONTARIO MUNICIPAL CODE ADOPTING STANDARDS FOR OVERSIZED VEHICLE PARKING AND FURTHER REGULATING COMMERCIAL VEHICLES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING SECTION 4-4.27 TO CHAPTER 4 OF TITLE 4 OF THE ONTARIO MUNICIPAL CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ATTACHMENT: Barking Dog and Noisy Animal Violations and Civil Fines^ORD^01^RM ATTACHMENT: Code Enforcement Update Amendment ORD^02^RM ATTACHMENT: Oversized Vehicle Parking^ORD^03^RM ATTACHMENT: Administrative Citations for Fire Code Violations ORD^04^RM ATTACHMENT: Trash Collection Parking Restrictions^ORD^05^RM.docx ATTACHMENT: Updating Transient Occupancy Tax Chapter ORD^06^RM ATTACHMENT: Short Term Rentals^ORD^07^RM ATTACHMENT: Cannabis Enforcement ORD^08^RM ATTACHMENT: Catalytic Converter Possession^ORD^09^RM ATTACHMENT: Deputy Police Chief Powers and Responsibilities^ORD^10^RM CODE ESTABLISHING ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE ONTARIO FIRE CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 4-6.1019, “RESTRICTED PARKING FOR STREET SWEEPING SERVICES,” OF THE CITY’S MUNICIPAL CODE TO PROVIDE FOR RESTRICTED PARKING FOR PURPOSES OF TRASH COLLECTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 6, “TRANSIENT OCCUPANCY TAXES,” OF TITLE 3 OF THE ONTARIO MUNICIPAL CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING A NEW SECTION 5.03.363, “SHORT TERM RENTALS,” TO DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE, IMPLEMENTING REGULATIONS FOR THE SHORT TERM RENTAL OF PROPERTY IN THE CITY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CHAPTER 18 OF TITLE 6 OF THE ONTARIO MUNICIPAL CODE UPDATING PENALTIES FOR THE ILLEGAL CULTIVATION OF CANNABIS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 24 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 4 (PUBLIC SAFETY) OF THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 2-3.210 OF ARTICLE 2 OF CHAPTER 3 OF TITLE 2 OF THE ONTARIO MUNICIPAL CODE REFLECTING UPDATES TO THE ONTARIO POLICE DEPARTMENT COMMAND STRUCTURE. STAFF MATTERS City Manager Ochoa CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov COUNCIL MATTERS Mayor Leon Mayor pro Tem Wapner Council Member Bowman Council Member Dorst-Porada Council Member Valencia ADJOURNMENT CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, ADDING CHAPTER 24 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 4 (PUBLIC SAFETY) OF THE ONTARIO MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY. WHEREAS, citizens nationwide have experienced rising rates of catalytic converter thefts, numbering approximately 26,000 through May 2021; and WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 8,000 through May 2021; and WHEREAS, the citizens of Ontario have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation yet applicable within the City of Ontario to define and punish catalytic converter thefts absent an identifiable victim; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Ontario requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the citizens of Ontario and the Ontario Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Ontario and the Ontario Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its citizens, their property, and their community; and WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this Ordinance is necessary to provide the City of Ontario and the Ontario Police Department clear legal authority to better protect the public and deter this criminal activity. NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario as follows: SECTION 1. The forgoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply criminalizes the possession of catalytic converters; it will not result in any development or in any new activity with the potential to impact the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. SECTION 3. Code Amendment. Chapter 4.24 is hereby added to Title 4 (Public Safety) of the Ontario Municipal Code and shall read in its entirety as follows: “Chapter 4.24 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 4 (Public Safety) Sec. 4-24.01 Unlawful possession of a catalytic converter prohibited. A. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter. B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter. Sec. 4-24.02 Definitions. A. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.” B. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents: 1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner. 2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business. 3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter. 4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed. Sec. 4-24.03 Violations – Misdemeanor A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Ontario Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1-2.01 of Title 1 of this Code, for any person to violate any provision of this section. C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.” SECTION 4. If any section, sentence, clause, or phrase of this Ordinance of the application thereof to any entity, person, or circumstance is held for any reason to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases by declared invalid or unconstitutional. SECTION 5.Effective Date. This Ordinance shall become effective thirty (30) calendar days following its adoption. SECTION 6.Publication.The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. PASSED, APPROVED, AND ADOPTED this _______ day of __________, 2022. _____________________________________ PAUL S. LEON, MAYOR ATTEST: ________________________________ SHEILA MAUTZ, CITY CLERK APPROVED AS TO LEGAL FORM: _______________________________ BEST BEST & KRIEGER LLP CITY ATTORNEY 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 _________ 2022, and adopted at the regular meeting held ___________, 2022 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ____________________________________ SHEILA MAUTZ, CITY CLERK (SEAL) I hereby certify that the foregoing is the original of Ordinance No. ______ 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) 221. (a) The term “automobile dismantler” does not include any of the following: (1) The owner or operator of any premises on which two or more unregistered and inoperable vehicles are held or stored, or a person who possesses nine or more catalytic converters, if the vehicles or catalytic converters are used for restoration or replacement parts or otherwise, in conjunction with any of the following: (A) Any business of a licensed dealer, manufacturer, or transporter. (B) The operation and maintenance of any ﬂeet of motor vehicles used for the transportation of persons or property. (C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes: (i) For use in repairs performed by that business. (ii) For use by a licensed dismantler or an entity described in paragraph (3). (D) Any motor vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registration under the Business and Professions Code or applicable regulations, that does not sell parts of the vehicles, except for either of the following purposes: (i) For use in repairs performed by that business. (ii) For use by a licensed dismantler or an entity described in paragraph (3). (2) A person engaged in the restoration of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or classic signiﬁcance. (3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the purpose of selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on a form approved or provided by the department, a certiﬁcation by the person from whom the vehicles are obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 or 11520, or the facility complies with Section 9564. (4) Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520. Nothing in this paragraph permits a dismantler to acquire or sell used parts or components during the time the dismantler license is under suspension. (b) Any vehicle acquired for the purpose speciﬁed in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an independent hauler who obtained the vehicle, or parts thereof from a licensed dismantler, shall be accompanied by either a receipt issued by the department evidencing proof of clearance for dismantling under Section 5500, or a copy of the ordinance or order issued by a local authority for the abatement of the vehicle pursuant to Section 22660. The steel mill, scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form 94 Ch. 537 — 3 — evidencing clearance or abatement to the certiﬁcation required pursuant to this section. All forms speciﬁed in paragraph (3) of subdivision (a) and in this subdivision shall be available for inspection by a peace ofﬁcer during business hours. SEC. 3. Section 11500 of the Vehicle Code is amended to read: 11500. (a) (1) It shall be unlawful for any person to act as an automobile dismantler without ﬁrst having an established place of business that meets the requirements set forth in Section 11514 and without ﬁrst having procured a license or temporary permit issued by the department, or when such license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement effected pursuant to Section 11509.1 have not been fulﬁlled. A violation of this subdivision is a misdemeanor, and is subject to the penalties described in paragraph (2). (2) Notwithstanding Section 42002, a person convicted of a ﬁrst violation of subdivision (a) for any reason other than described in paragraph (3) shall be punished by a ﬁne of not less than two hundred ﬁfty dollars ($250). A person convicted of a second separate violation of subdivision (a) for this reason shall be punished by a ﬁne of not less than ﬁve hundred dollars ($500). A person convicted of a third or subsequent violation of subdivision (a) for this reason shall be punished by a ﬁne of not less than one thousand dollars ($1,000). (3) A person who violates subdivision (a) due to possessing nine or more catalytic converters that have been cut from a vehicle pursuant to Section 220 is, for a ﬁrst violation, guilty of an infraction punishable by a ﬁne of not more than one hundred dollars ($100). A person convicted of a second separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a ﬁne of not less than two hundred ﬁfty dollars ($250). A person convicted of a third separate violation of subdivision (a) for this reason is guilty of a misdemeanor punishable by a ﬁne of not less than ﬁve hundred dollars ($500). A person convicted of a fourth or subsequent violation of subdivision (a) for this reason shall be punished by a ﬁne of not less than one thousand dollars ($1,000). (b) (1) A building or place used for the purpose of automobile dismantling in violation of subdivision (a) is a public nuisance subject to being enjoined, abated, and prevented, and for which damages may be recovered by any public body or ofﬁcer. (2) As used in this section, “public body” means any state agency, county, city, district, or any other political subdivision of the state. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the deﬁnition of a crime 94 — 4 — Ch. 537 within the meaning of Section 6 of Article XIIIB of the California Constitution. O 94 Ch. 537 — 5 —