§ 2-2

(a) All members of the City’s committees, commissions and boards shall be appointed and removed and shall serve subject to the terms set forth in this section, unless specifically otherwise provided. This section shall not apply to ad hoc committees, commissions or boards which are established from time to time by the City Council other than by means of adoption of an ordinance. This section shall, however, apply to the following committees, commissions and boards which have been created within the City and which are provided for in the Code as indicated below: (1) Planning Commission (Title 2, Chapter 2, Article 3). (2) Recreation and Parks Commission (Title 2, Chapter 2, Article 4). (3) Ontario Public Library Board of Trustees (Title 2, Chapter 5). (4) Ontario Museum of History and Art Board of Trustees (Title 2, Chapter 9). (b) All committees, commissions and boards shall consist of not more than five (5) members, except: (1) The Recreation and Parks Commission shall consist of seven (7) regular members and one (1) non-voting student member. The seven (7) regular members shall include two (2) school representatives, one from the high school level and one from the elementary school level, and these two (2) shall be at-large members appointed under the process described in subsection (d)(4). The application process, selection, term and duties of the student member shall be consistent with the Recreation and Parks Commission’s administrative policy, as amended from time to time. (2) The Planning Commission shall consist of seven (7) members, two (2) of which shall be at-large members appointed under the process described in subsection (d)(4). (3) The Ontario Housing Authority Commission shall consist of seven (7) members. The seven (7) members shall include five (5) regular members appointed by each of the five (5) City Council members and, if the Housing Authority has tenants, two (2) tenant members, who are tenants of the Housing Authority, one (1) of which shall be over sixty-two (62) years of age, if the Housing Authority has tenants over that age, and these two (2) shall be at-large members appointed under the process described in subsection (d)(4). (c) Members of each committee, commission and board shall be residents of the City, but shall not otherwise be employees of the City while serving on such committee, commission or board. (d) With the exception of the non-voting student member of the Recreation and Parks Commission, members of each of the City’s committees, commissions and boards shall be appointed in accordance with the following procedures: (1) Any resident desiring appointment to a committee, commission or board must complete a formal application to be filed with the City Clerk. (2) Immediately after the regular municipal election, the City Clerk shall solicit applications for at-large seats. The City Clerk shall also solicit applications for individual City Council- nominated seats, should any City Council member so request. Said solicitations shall be published at least once in a local newspaper of general circulation. (3) Each of the five (5) City Council members shall submit to the Mayor the name of one (1) person proposed for appointment to a committee, commission or board; said nominees shall be eligible for appointment only if a formal application is on file with the City Clerk, and upon approval of such appointment by the Mayor and concurrence of the City Council, the name of the appointee shall be recorded in the minutes of the City Council meeting. If the City Council member responsible for the original nomination fails to make a successful nomination within sixty (60) days following the beginning of that City Council member’s term, the City Council may itself appoint an individual to fill that position. (4) The City Council, by a majority vote, shall appoint two (2) of its members to serve as a Nominations Committee to bring forward nominees from the applicant pool to serve as the at-large members on committees, commissions or boards. These nominees must be approved by the Mayor and the concurrence of the City Council. (5) In the case of a vacancy on committees, commissions or boards, the City Council member who made the original nomination shall have the right to nominate a person to fill the vacancy subject to the approval of the Mayor

and the concurrence of the City Council in accordance with subsection (d)(3). If the City Council member who made the original nomination fails to make a successful nomination following the vacancy, the City Council may itself appoint an individual to fill that position. If the vacancy occurs by an at-large member appointed through the process in subsection (d)(4), then the nomination of a replacement shall be made in accordance with that subsection. (e) A City Council member may submit to the Mayor the name of an appointee proposed for removal by a commission, committee or board, and upon approval of such name by the Mayor and concurrence of the City Council, such appointee’s removal shall be recorded in the minutes of the City Council meeting. (f) Any member of any committee, commission or board may be removed by a majority vote of the City Council. (§§ 1 and 3, Ord. 2693, eff. August 5, 1999 as amended by § 1, Ord. 2754, eff. April 4, 2002, §§ 1 and 2, Ord. 2899, eff. February 19, 2009, §§ 1 and 2, Ord. 2996, eff. July 31, 2014, § 2, Ord. 3047, eff. May 19, 2016)

Article 2. Membership

Within a reasonable time after their appointment, members of the City committees, commission and boards shall meet in regular session and elect from their members a chairman and a vice chairman and shall appoint a member or nonmember as secretary. Their duties shall respectively be such as are usually carried by such officers and shall not conflict with current State statutes. Officers shall hold office for one (1) year or until their successors are elected, beginning January 1 of each year, unless such terms of office are determined by state statutes. (§§ 2 and 4, Ord. 2693, eff. August 5, 1999)

No person may simultaneously serve on two or more City committees, commissions or boards. This section shall not apply to the Mayor, City Council members and City personnel. This section shall not prevent any person who is serving on two or more City committees, commissions or boards on the date of adoption of this section from completing his or her current term of office. (§ 1, Ord. 2660, eff. May 20, 1998, as amended by §§ 2 and 4, Ord. 2693, eff. August 5, 1999)

Article 3. Planning Commission

Pursuant to the provisions of the Planning and Zoning Law, Chapter 3 of Title 7 of the Government Code of the State (commencing with Cal. Gov't Code § 65100), there is hereby created and established in the City a Planning Commission. (§ 1, Ord. 1006, eff. July 7, 1954)

The City Council shall from time to time by Resolution set the compensation amount for each voting member of the Planning Commission for attendance at each publicly noticed meeting of the Commission, including publicly noticed workshops and briefings. (§ 2, Ord. 3025, eff. September 17, 2015)

The members of the Planning Commission shall organize in accordance with the provisions of the Planning and Zoning Law referred to in § 2-2.301 of this article, and their powers and duties shall be as set forth in said Law. The Council may, by motion or resolution, refer and submit to the Planning Commission matters other than those which come within the jurisdiction of the Commission pursuant to said Planning and Zoning Law; provided, however, in all such matters so referred or submitted, the Planning Commission shall have no authority to take action thereon but shall make investigations and report its findings to the Council on the matters so submitted. (§§ 4 and 5, Ord. 1006, eff. July 7, 1954, as amended by § 1, Ord. 1044, eff. April 1, 1955)

Article 4. Recreation and Parks Commission

There is hereby created and established an advisory Recreation and Parks Commission. (§ 1, Ord. 1607, eff. June 17, 1965, § 3, Ord. 2899, eff. February 19, 2009)

The duties and responsibilities of the Recreation and Parks Commission shall be as follows: (a) To act in an advisory capacity to the Council and City Manager in all matters concerning recreation and parks in order to coordinate all public agencies and civic organizations to provide sound recreation and parks planning and programming; (b) To coordinate with the Recreation and Community Services Director in formulating policies on recreation services for approval by the Council and to recommend: (1) To the Council and pertinent school district governing bodies the best joint use of recreation facilities; and (2) To the Council the advisability of acquiring and/or utilizing various parcels of land for recreation and parks purposes; (c) To advise the Recreation and Community Services Director on problems of administration and development of recreation areas, facilities, programs, and recreation services; (d) To recommend the adoption of standards on organization, personnel, areas and facilities, and program and financial support of recreation and park activities; (e) To make periodic inventories of recreation services which exist or may be needed and interpret the needs of the public to the Council and the Recreation and Community Services Director; (f) To advise the Recreation and Community Services Director in the preparation of the annual budget request and on the long range recreation and parks capital improvement program; (g) To consider all requests for permanent facilities to be erected on park areas; and (h) To interpret the policies and functions of the Recreation and Community Services Department to the public. (§ 3, Ord. 1607, eff. June 17, 1965, § 3, Ord. 2899, eff. February 19, 2009)

(a) Procedure. The Recreation and Parks Commission shall adopt rules and regulations to govern procedure. (b) Regular meetings. The Commission shall, by vote, set a time for regular meetings which shall be held at least once each month.

(c) Special meetings. The Commission shall determine the manner in which special meetings may be held and due notice given of such meetings. (d) Quorum. A majority of the regular members shall constitute a quorum. (e) Absences. Absence from three (3) consecutive regular meetings [two (2) for the non-voting student member] without the formal consent of the Commission shall be deemed to constitute the resignation of such member and the position declared vacant. (f) Minutes. Minutes of the meetings of the Commission shall be filed with the City Clerk, City Manager and Recreation and Community Services Director. (§ 2, Ord. 1607, eff. June 17, 1965, as amended by § 3, Ord. 2754, eff. April 4, 2002, § 3, Ord. 2899, eff. February 19, 2009)

Article 5. Community Services Commission

(Repealed) (Sections 2-2.501 through 2-2.506, codified from Ord. 2198, eff. November 19, 1982 repealed by § 1, Ord. 2407, eff. December 31, 1987)

Article 6. Community Relations Commission

(Repealed) (Sections 2-2.601 through 2-2.606, codified from Ord. 1750, eff. February 4, 1971 repealed by § 2, Ord. 2198, eff. November 19, 1982)

Article 7. Senior Citizens Affairs Commission

(Repealed) (Sections 2-2.701 through 2-2.705, codified from Ord. 1830, eff. May 2, 1974 repealed by § 3, Ord. 2198, eff. November 19, 1982)

Article 8. Ontario Industrial Development Authority

The City Council of the City of Ontario, California hereby declares that there is a need for an industrial development authority to be created and to function within the City. There is hereby established an “authority,” as defined in the Industrial Development Financing Act, being Cal. Gov't Code §§ 91500 et seq., which shall be authorized to transact business and exercise its powers as provided in the Act. (§ 1, Ord. 2145, eff. September 17, 1981)

The industrial development authority created pursuant both hereto and by the powers granted pursuant to the Act shall hereafter be known as the “Ontario Industrial Development Authority.” The Ontario Industrial Development Authority shall exercise all powers as presently permitted or as may hereafter be provided pursuant to State law, including, but not limited to, the provisions of the Act. (§ 2, Ord. 2145, eff. September 17, 1981)

The City or the Ontario Municipal Development Authority, as appropriate, may on or after the date of final adoption of the ordinance codified in this article, approve by resolution all other items necessary for the Ontario Industrial Development Authority to transact business and conduct its other affairs as provided by the Act, including the appointment of directors or board members. (§ 3, Ord. 2145, eff. September 17, 1981)

Article 9. Public Works Advisory Commission

(Repealed) (Sections 2-2.901 through 2-2.907, codified from Ord. 2697, eff. September 16, 1999, repealed by implication, Ord. 2693, eff. August 5, 1999)

Article 10. Ontario Redevelopment Agency

The City Council of the City of Ontario, California hereby declares that there is in each community a public body, corporate and politic, known as the redevelopment agency of the community. There is hereby established a Redevelopment Agency as defined by Part 1 of Division 24 of the Health and Safety Code of the State of California (commencing with Cal. Health & Safety Code § 33000), also known as the Community Redevelopment Law. (Ord 1771, eff. December 16, 1971)

Pursuant to Cal. Health & Safety Code § 33101, this City Council hereby declares there is need for a Redevelopment Agency in the City of Ontario to function as provided for in Part 1 of Division 24 of the Health and Safety Code of the State of California (commencing with Cal. Health & Safety Code § 33000), also known as the Community Redevelopment Law, and it is found and declared that there exists in the City of Ontario blighted areas which constitute either social or economic liabilities or both, requiring redevelopment in the interests of health, safety and general welfare of the people of this city, and that these blighted areas are characterized by one or more of the conditions set forth in Cal. Health & Safety Code §§ 33031 to 33034, inclusive, of said Community Redevelopment Law. (Ord. 1771, eff. December 16, 1971)

Pursuant to Cal. Health & Safety Code § 33200 of the Community Redevelopment Law, this City Council as legislative body declares itself to be the Redevelopment Agency of the City of Ontario with all rights, powers, duties, privileges, and immunities vested by said Community Redevelopment Law. (Ord. 1771, eff. December 16, 1971)

Article 11. Ontario Housing Authority Commission

Pursuant to the provisions of Cal. Health & Safety Code § 34291, there is created a housing commission for the City of Ontario, which shall be known as the “Ontario Housing Authority Commission.” (§ 2, Ord. 3047, eff. May 19, 2016)

The Ontario Housing Authority Commission shall serve in an advisory capacity to the Ontario Housing Authority and shall review and make recommendations on all matters to come before the Ontario Housing Authority prior to authority action, except emergency matters and matters which, by resolution, are excluded from its review. (§ 2, Ord. 3047, eff. May 19, 2016)

The Ontario Housing Authority Commission, as appropriate, may on or after the date of final adoption of the ordinance codified in this article, approve by resolution all other items necessary or beneficial for the Ontario Housing Authority Commission to transact business and conduct its affairs. (§ 2, Ord. 3047, eff. May 19, 2016)

CHAPTER 3: DEPARTMENTS, OFFICERS, AND EMPLOYEES

CHAPTER 3: DEPARTMENTS, OFFICERS, AND EMPLOYEES

Article 1. City Manager 2-3.101 Office established 2-3.102 Appointment: Qualifications: Term 2-3.103 Appointment: Eligibility of Council members 2-3.104 Absence or disability 2-3.105 Relationship with Council 2-3.106 Salary 2-3.107 Powers and duties Article 2. Police Department 2-3.201 Established 2-3.202 Membership 2-3.203 Membership: Suspension and removal: Hearings 2-3.204 Appointments: Terms 2-3.205 Appointments: Qualifications 2-3.206 Appointments: Probationary period 2-3.207 Appointments: Eligibility lists 2-3.208 Appointments: Emergency, temporary, and part-time 2-3.209 Police Chief: Powers and duties 2-3.210 Deputy Police Chief and Captains: Powers and duties 2-3.211 Certain Vehicle Code violations: Enforcement by appointed employees Article 3. Fire Department 2-3.301 Established 2-3.302 Membership 2-3.303 Membership: Volunteer firefighters (Repealed) 2-3.304 Membership: Suspension and removal: Hearings 2-3.305 Appointments: Terms 2-3.306 Appointments: Qualifications 2-3.307 Appointments: Probationary period 2-3.308 Appointments: Eligibility lists 2-3.309 Appointments: Emergency 2-3.310 Fire Chief: Powers and duties 2-3.311 Deputy Fire Chiefs: Powers and duties 2-3.312 Company officers: Powers and duties 2-3.313 Fire school 2-3.314 Drills 2-3.315 Inspection of premises: Right of entry Article 4. Director of Finance 2-3.401 Office established 2-3.402 Appointment 2-3.403 Powers and duties

Article 5. Salaries of City Clerk and City Treasurer 2-3.501 City Clerk: Deputies 2-3.502 City Treasurer: Deputies 2-3.503 Insurance benefits 2-3.504 Full-time employment required (Repealed) Article 6. Bonds 2-3.601 Scope of provisions 2-3.602 Bond: required Article 7. Office Hours, Holidays, and Records 2-3.701 Offices: Records 2-3.702 Office hours 2-3.703 Holidays 2-3.704 Deposit of moneys: Reports Article 8. Training of Law Enforcement Officers 2-3.801 Declaration of qualifications 2-3.802 Declaration of adherence to standards 2-3.803 Definitions 2-3.804 Intent 2-3.805 Standards 2-3.806 POST inquiries Article 9. Distress Duties of Police Officers and Fire Fighters 2-3.901 Services in addition to regular duties 2-3.902 State compensation and safety laws: Applicability Article 10. Recreation and Community Services Department 2-3.1001 Established 2-3.1002 Functions 2-3.1003 Recreation Director: Powers and duties Article 11. City Clerk 2-3.1101 Mandatory legal powers and duties of the City Clerk 2-3.1102 Discretionary powers and duties of the City Clerk and Deputies 2-3.1103 Municipal election oversight and reporting responsibilities Article 12. Records Management Department 2-3.1201 Records Management Department created; functions; organization 2-3.1202 Functions of the Records Management Department manager 2-3.1203 Program established; manual

Article 1. City Manager