City Council/Housing Authority

379 ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES FEBRUARY 16, 2021 JOINT MEETINGS Regular meetings of the Ontario City Council/ Ontario Housing Authority were held on Tuesday, February 16, 2021, at the Ontario City Hall, 303 East B Street, Ontario, California. CALLED TO ORDER Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 5: 37 p. m. SPECIAL AND URGENT ANNOUNCEMENT In accordance with the Governor's Declarations of Emergency for the State of California Executive Orders N- 25- 20 and N- 29- 20), the Ontario City Council Meetings are being conducted via teleconference to limit in- person attendance at meetings of the City of Ontario City Council and Housing Authority. Members of the public were advised to utilize alternative measures to view the City Council meetings and/ or to address the Mayor and City Council Members. The meeting was live broadcast on local cable Channel 3, as well as internet live streamed at www. ontarioca.,,.,,ov/Aciendas/ Cit,,Council. ROLL CALL PRESENT: Mayor/Chairman Paul S. Leon Mayor pro Tem/ Vice Chair Alan D. Wapner Council/Authority Members: Jim W. Bowman, Debra Dorst- Porada and Ruben Valencia all participating via teleconference) ABSENT: Council/Authority Members: None Also present were City Manager/ Executive Director Scott Ochoa, City Attorney/ Legal Counsel Ruben Duran, and City Clerk/ Secretary Sheila Mautz ( all participating via teleconference).

all Ontario City Council/ Ontario Housing Regular Meeting Minutes- February 16, 2021 Page 2 of 9 CLOSED SESSION Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion, as listed on the agenda, and the City Council recessed to Closed Session at 5: 40 p. m. for discussion of the following: GC 54656. 9( d)( 1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 GC 54656. 9( d)( 1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Jennie Harrison Murray, Estate of Somer Harrison v. City of Ontario San Bernardino County Superior Court Case No. CIVDS1910129 GC 54656. 9( d)( 1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Urfano v. City of Ontario, et al., San Bernardino County Superior Court Case No. CIVDS 1828483 CALL TO ORDER —OPEN SESSION Mayor Leon called the City Council and Ontario Housing Authority meetings to order at 6: 34 p. m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Valencia. INVOCATION Mayor Leon led a moment of silent reflection in lieu of the Invocation. REPORT ON CLOSED SESSION City Attorney Duran stated there was no reportable action. PUBLIC COMMENTS Assistant City Clerk Isbell reported three emailed comments as follows: Juan Chavez, regarding stop signs on La Avenida Drive. Patrick A. Hennessey, (two comments) regarding an objection to a hearing on a proposed Resolution of Necessity for the Acquisition of Property located on State Street, Main Street, and Jefferson Street.

381 Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 3 of 9 Assistant City Clerk Isbell further reported there were two callers as follows: Doug Williams, introduced himself as the Director of Communications for the Church of Jesus Christ of Latter-day Saints. D'Andre Lampkin, announced the D' Andre Lampkin Foundation was hosting a blood drive in the City of Ontario. AGENDA REVIEW/ANNOUNCEMENTS City Manager Ochoa made no announcements. SPECIAL PRESENTATION SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ( SBCTA) — PROJECT UPDATE Tim Watkins, Chief Legislative and Public Affairs at SBCTA, gave a presentation on Express Lane on Interstate 10. CONSENT CALENDAR Mayor Leon pulled Item No. 09 for further discussion. Assistant City Clerk Isbell reported there was one caller as follows: D'Andre Lampkin, spoke in support of Item No. 09, a resolution opposing legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning. Council Member Dorst- Porada spoke in support of Item No. 09, a resolution opposing legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning. Mayor pro Tem Wapner spoke in support of Item No. 09, a resolution opposing legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning and amended the resolution language to specify " Senate Bill 9" in the title and throughout the resolution. Mayor Leon spoke in support of Item No. 09. a resolution opposing legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning. Mayor pro Tem Wapner spoke in support of Item No. 08, a resolution reconsidering a City of Ontario policy regarding annual alarm permit renewal fees and asked City Manager Ochoa how notices updating residents would be distributed.

382 Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 4 of 9 City Manager Ochoa stated letters would be mailed to residents notifying them of the change. City Attorney Duran clarified Item No. 09 amendment by Mayor pro Tem Wapner, noting the addition of, "a resolution opposing Senate Bill 9." Mayor pro Tem Wapner confirmed and further amended the resolution, requesting language indicating that SB 9 does not address affordability. MOTION: Moved by Council Member Dorst- Porada, seconded by Council Member Bowman and carried by unanimous roll call vote of those present, to approve the Consent Calendar as presented, with amendments to Resolution No. 2021- 020. 1. APPROVAL OF MINUTES City Council approved Minutes for the special meeting of the City Council and Housing Authority of January 15, 2021, and the regular meeting of the City Council and Housing Authority of January 19, 2021. 2. BILLS/ PAYROLL City Council approved Bills for the period January 15, 2021 through January 28, 2021 in the amount of $ 9, 076, 544. 21 and Payroll for the period January 3, 2021 through January 16, 2021 in the amount of $3, 306, 372. 37 when audited by the Finance Committee. 3. ACCEPTANCE OF A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; AND A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 ( GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES The City Council considered and: A. Accepted a written petition from GDCI- RCCD 2, L. P. (" Landowner"), to create a Community Facilities District (" CFD"), and to waive certain procedural matters, under the Mello -Roos Community Facilities Act of 1982; and B. Adopted a Resolution of Intention to establish City of Ontario Community Facilities District No. 59 ( Gateway Services), authorized the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, April 6, 2021. RESOLUTION NO. 2021- 018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 ( GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES.

383 Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 5 of 9 4. A SPECIFIC PLAN ( FILE NO. PSP18- 001 - MERRILL COMMERCE CENTER) TO ESTABLISH THE LAND USE DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8, 455,000 SQUARE FEET OF INDUSTRIAL AND BUSINESS PARK LAND USES ON 376. 3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST ( APNS: 1054- 111- 01; 1054- 111- 02; 1054- 121- 01; 1054- 121- 02; 1054- 131- 01; 1054- 131- 02; 1054- 141- 01; 1054- 141- 02; 1054- 151- 01; 1054- 151- 02; 1054- 161- 01; 1054- 161- 02; 1054- 161- 03; 1054- 171- 01; 1054- 171- 02; 1054- 171- 03; 1054- 171- 04; 1054- 181- 01; 1054- 181- 02; 1054- 191- 01; 1054- 191- 02; 1054-201- 01; 1054-201- 02; 1054- 211- 01, 1054-211- 02; 1054-221- 01; 1054- 221- 02; 1054-331- 01; 1054-331- 02; 1054-341- 01; 1054- 341- 02; 1054-351- 01; 1054- 351- 02; 1054- 361- 01; 1054- 361- 02; 1073- 111- 01; 1073- 111- 02; 1073- 111- 03; 1073- 111- 04; 1073- 111- 05; 1073- 111- 06) The City Council considered and adopted the ordinance approving File No. PSP18- 001, the Merrill Commerce Center Specific Plan, establishing the land use districts, development standards, guidelines, and infrastructure improvements for the potential development of up to 8, 455, 000 square feet of Industrial and Business Park land uses on 376. 3 acres of land generally bordered by Eucalyptus Avenue to the north, Merrill Avenue to the south, Carpenter Avenue to the east, and Grove Avenue to the west. Introduction and first reading took place at a regular meeting on February 2, 2021. ORDINANCE NO. 3178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP18- 001, TO ESTABLISH LAND USE DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8, 455, 000 SQUARE FEET OF GENERAL INDUSTRIAL AND BUSINESS PARK LAND USES ON 376. 3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF— APNS: 1054- 111- 01; 1054- 111- 02; 1054- 121- 01; 1054- 121- 02; 1054- 131- 01; 1054- 131- 02; 1054- 141- 01; 1054- 141- 02; 1054- 151- 01; 1054- 151- 02; 1054- 161- 01; 1054- 161- 02; 1054- 161- 03; 1054- 171- 01; 1054- 171- 02; 1054- 171- 03; 1054- 171- 04; 1054- 181- 01; 1054- 181- 02; 1054- 191- 01; 1054- 191- 02; 1054- 201- 01; 1054- 201- 02; 1054- 211- 01, 1054- 211- 02; 1054- 221- 01; 1054- 221- 02; 1054- 331- 01; 1054- 331- 02; 1054- 341- 01; 1054- 341- 02; 1054- 351- 01; 1054- 351- 02; 1054- 361- 01; 1054- 361- 02; 1073- 111- 01; 1073- 111- 02; 1073- 111- 03; 1073- 111- 04; 1073- 111- 05 AND 1073- 111- 06.

NEI Ontario City Council/ Ontario Housing Regular Meeting Minutes— February 16, 2021 Page 6 of 9 5. AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT ( FILE NO. PDA18-006) BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE PARCEL MAP 20027 ( FILE NO. PMTT18- 009), FOR A 46. 64 -ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN ( APNS: 0218- 171- 21 AND 0218- 171- 27) The City Council considered and adopted an ordinance approving the Development Agreement ( File No. PDA18-006) between the City of Ontario and Ontario CC, LLC., to establish the terms and conditions for the development of Tentative Parcel Map 20027 ( File No. PMTT18-009), for a 46.64- acre property located at the southwest corner of Riverside Drive and Hamner Avenue, within the proposed Neighborhood Commercial, Business Park and Light Industrial land use designations of the Edenglen Specific Plan ( APNs: 0218- 171- 21 and 0218- 171- 27). Introduction and first reading took place at a regular meeting on February 2, 2021. ORDINANCE NO. 3179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA18- 006, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE PARCEL MAP 20027 ( FILE NO. PMTT18- 009), FOR A 46.64 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 0218- 171- 21 AND 0218- 171- 27. 6. APPLICATION FOR GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY ( OTS) FY21/ 22 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM STEP) GRANT The City Council authorized the City Manager or his designee to execute all documents necessary to apply for and accept a 12 -month grant in the amount of 794, 125 from the California Office of Traffic Safety ( OTS) for participation in the FY21/ 22 Selective Traffic Enforcement Program ( STEP) Grant. 7. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH DE NORA WATER TECHNOLOGIES, LLC., FOR REPLACEMENT OF ON- SITE SODIUM HYPOCHLORITE GENERATOR EQUIPMENT FOR WELL NO. 40

Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 7 of 9 The City Council approved and authorized the City Manager to execute a Goods and Equipment Purchase Agreement with De Nora Water Technologies, LLC., of Colmar, Pennsylvania, in the amount of $235, 555 for the purchase of an On- site Sodium Hypochlorite Generator (OSCG) unit and replacement parts. 8. A RESOLUTION RECONSIDERING A CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES The City Council considered and adopted a resolution removing an annual alarm permit renewal fee from the City's Fee Schedule. RESOLUTION NO. 2021- 019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECONSIDERING CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES 9. A RESOLUTION OPPOSING LEGISLATION THAT ALLOWS FOR THE MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE- FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA The City Council considered and adopted a resolution opposing any legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning across the State of California. RESOLUTION NO. 2021- 020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OPPOSING LEGISLATION THAT ALLOWS FOR THE MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE- FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA. PUBLIC HEARINGS 10. A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTIES LOCATED ON STATE STREET, MAIN STREET, AND JEFFERSON STREET The City Council conducted a public hearing and adopted a Resolution of Necessity declaring that the acquisition fee interests in certain real properties located on State Street, Main Street, and Jefferson Street more particularly described as Assessor Parcel Nos. 1049- 122- 13; 1049- 122- 15; 1049- 161- 11; 1049- 191- 10; 1049- 194- 10; 1049- 194- 12; 1049- 194- 13; and 1049- 196- 03 Properties"), for the mitigation of airport impacts and the elimination of blight Project") in Ontario, California.

386 Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 8 of 9 RESOLUTION NO. 2021- 021 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY LOCATED ON STATE STREET, MAIN STREET AND JEFFERSON STREET IN ONTARIO, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 1049- 122- 13, 1049- 122- 15, 1049- 161- 11, 1049- 191- 10, 1049- 194- 10, 1049- 194- 12, 1049- 194- 13, AND 1049- 196- 03, FOR MITIGATION OF AIRPORT IMPACTS AND ELIMINATION OF BLIGHT IN THE CITY OF ONTARIO, CALIFORNIA. Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were 2 written communications in opposition, as noted earlier from Patrick A. Hennessey, from the law offices of Palmieri, Hennessey & Leifer, LLP. Mayor Leon opened the public hearing asking those persons interested in this item to speak. Erin Naderi, with Palmieri, Hennessey & Leifer, LLP, spoke in opposition of Resolution No. 2021- 021. Hearing no one else, Mayor Leon closed the public hearing. City Manager Ochoa provided an overview of the item. MOTION: Moved by Council Member Bowman, seconded by Council Member Dorst- Porada, and carried by unanimous roll call vote of those present to adopt Resolution No. 2021- 021. STAFF MATTERS City Manager Ochoa did not have any announcements. COUNCIL COMMENTS Mayor pro Tem Wapner made no comments. Council Member Bowman made no comments. Council Member Dorst- Porada encouraged residents to call their local representatives and speak in opposition of Senate Bill 9. Council Member Valencia made no comments. Mayor Leon made no comments.

387 Ontario City Council/ Ontario Housing Regular Meeting Minutes —February 16, 2021 Page 9 of 9 ADJOURNMENT Mayor Leon adjourned the meetings of the Joint Agencies at 7:41 p. m. to the next regular meetings to be held on Tuesday, March 2, 2021. Respectfully submitted, I SHEILA MAUTZ' CITY c RK/'S- APPROVED: 4PUL S. LEON, MAY / CH,AdRMAN

Paul S. Leon Mayor Alan D. Wapner Mayor pro Tem Jim W. Bowman Council Member Debra Dorst-Porada Council Member Ruben Valencia Council Member Sheila Mautz City Clerk James R. Milhiser Treasurer Scott Ochoa City Manager Ruben Duran City Attorney CITY OF ONTARIO CITY COUNCIL/HOUSING AUTHORITY AGENDA FEBRUARY 16, 2021 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 provide public comment or to address the Council have been provided alternative measures including U.S. mail, email, and a website comment form. All public comments received by the established deadline for this meeting will be included as part of the official meeting record. 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. 1 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

SPECIAL AND URGENT NOTICE In accordance with the Governor's Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20), the Ontario City Council Meetings are being conducted via teleconference to limit in-person attendance at the upcoming meeting of the City of Ontario City Council and Housing Authority. Members of the Public may utilize alternative measures established by the City of Ontario to view the City Council meetings and/or to address the Mayor and City Council Members. The meeting will be live broadcast on local cable Channel 3 as well as live streamed at: www.ontarioca.gov/Agendas/CityCouncil or Zoom. TO PROVIDE PUBLIC COMMENT: Those wishing to speak during the "Public Comment" portion for any Closed Session item must call 909-395-2900 between 5:15 p.m. and 5:30 p.m. the date of the meeting. Those wishing to speak during the "Public Comment" portion of the meeting or any item on "Consent Calendar" must call 909-395-2900 between 6:00 p.m. and 6:30 p.m. the day of the meeting. 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. TO COMMENT BY MAIL: To submit your comments by mail, provide your name, agenda item you are commenting on, and your comment by mailing to Records Management, Ontario City Hall, 303 East "B" Street, Ontario, CA 91764. Comments by mail must be received by the Records Management Department no later than 4:00 p.m. on the day of the meeting. Postmarks are not accepted. All comments received by the deadline will be provided to the City Council for consideration before action us taken on the matter. We appreciate your understanding during this unprecedented time of social distancing under the Stay at Home Order. These procedures may be modified in the future as social and public gathering protocols change. 2 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

ATTACHMENT: 20210216 Closed Session.pdf ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Public 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. CALL TO ORDER (OPEN SESSION) ROLL CALL Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon CLOSED SESSION PUBLIC COMMENT - 5:30 P.M. Members of the public who wish to address a Closed Session agenda item may do so by mailing comments to the City Clerk's Office, or by calling (909) 395-2900 between 5:15 - 5:30 p.m. or by emailing PublicComments@ontarioca.gov no later than 4:00 p.m. on the day of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. CLOSED SESSION GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Jennie Harrison Murray, Estate of Somer Harrison v. City of Ontario San Bernardino County Superior Court Case No. CIVDS1910129 GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Urfano v. City of Ontario, et al., San Bernardino County Superior Court Case No. CIVDS1828483 In attendance: Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon PLEDGE OF ALLEGIANCE Council Member Valencia INVOCATION 3 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

1. APPROVAL OF MINUTES ATTACHMENT: Minutes of 20210115 S Meeting.pdf REPORT ON CLOSED SESSION City Attorney PUBLIC COMMENTS 6:30 p.m. Members of the Public who wish to provide a general comment or address a specific agenda item may do so by mailing comments to the City Clerk's Office, or by calling (909) 395-2900 between 6:00 - 6:30 p.m. or by emailing PublicComments@ontarioca.gov no later than 4:00 p.m. on the day of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. 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. SPECIAL PRESENTATION SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) - PROJECT UPDATE 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 special meeting of the City Council and Housing Authority of January 15, 2021, and the regular meeting of January 19, 2021, approving same as on file in the Records Management Department. 4 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

ATTACHMENT: Minutes of 20210119 Meeting.pdf 2. BILLS & PAYROLL 3. ACCEPTANCE OF A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; AND A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES ATTACHMENT: 20210216 Community Facilities District No. 59 Gateway Services^01 Resolution Intention^RM ATTACHMENT: 20210216 Community Facilities District No. 59 Gateway Services^02 RMA EXH B 4. A SPECIFIC PLAN (FILE NO. PSP18-001 - MERRILL COMMERCE CENTER) TO ESTABLISH THE LAND USE DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8,455,000 SQUARE FEET OF INDUSTRIAL AND BUSINESS PARK LAND USES ON 376.3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST (APNS: 1054-111-01; 1054-111-02; 1054-121- 01; 1054-121-02; 1054-131-01; 1054-131-02; 1054-141-01; 1054-141-02; 1054-151-01; 1054- 151-02; 1054-161-01; 1054-161-02; 1054-161-03; 1054-171-01; 1054-171-02; 1054-171-03; 1054-171-04; 1054-181-01; 1054-181-02; 1054-191-01; 1054-191-02; 1054-201-01; 1054-201- 02; 1054-211-01, 1054-211-02; 1054-221-01; 1054-221-02; 1054-331-01; 1054-331-02; 1054- 341-01; 1054-341-02; 1054-351-01; 1054-351-02; 1054-361-01; 1054-361-02; 1073-111-01; 1073-111-02; 1073-111-03; 1073-111-04; 1073-111-05; 1073-111-06) Bills January 15, 2021 through January 28, 2021 and Payroll January 3, 2021 through January 16, 2021 when audited by the Finance Committee. That the City Council consider and: A. Accept a written petition (on file with the Records Management Department) from GDCI- RCCD 2, L.P. ("Landowner"), to create a Community Facilities District ("CFD"), and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and B. Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 59 (Gateway Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, April 6, 2021. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES. That the City Council consider and adopt the ordinance approving File No. PSP18-001, the Merrill Commerce Center Specific Plan, establishing the land use districts, development standards, 5 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

ATTACHMENT: 20210216 File No. PSP18-001 Merrill Commerce^01 AR EXH A - C ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^02 PC Backup ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^03 SP ORD^RM ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^04 SP ORD- ATTACH A MCCSP 5. AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT (FILE NO. PDA18- 006) BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE PARCEL MAP 20027 (FILE NO. PMTT18-009), FOR A 46.64-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN (APNS: 0218-171-21 AND 0218-171-27) guidelines, and infrastructure improvements for the potential development of up to 8,455,000 square feet of Industrial and Business Park land uses on 376.3 acres of land generally bordered by Eucalyptus Avenue to the north, Merrill Avenue to the south, Carpenter Avenue to the east, and Grove Avenue to the west. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP18-001, TO ESTABLISH LAND USE DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8,455,000 SQUARE FEET OF GENERAL INDUSTRIAL AND BUSINESS PARK LAND USES ON 376.3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1054-111-01; 1054-111-02; 1054-121-01; 1054-121- 02; 1054-131-01; 1054-131-02; 1054-141-01; 1054-141-02; 1054-151-01; 1054-151- 02; 1054-161-01; 1054-161-02; 1054-161-03; 1054-171-01; 1054-171-02; 1054-171- 03; 1054-171-04; 1054-181-01; 1054-181-02; 1054-191-01; 1054-191-02; 1054-201- 01; 1054-201-02; 1054-211-01, 1054-211-02; 1054-221-01; 1054-221-02; 1054-331- 01; 1054-331-02; 1054-341-01; 1054-341-02; 1054-351-01; 1054-351-02; 1054-361- 01; 1054-361-02; 1073-111-01; 1073-111-02; 1073-111-03; 1073-111-04; 1073-111- 05 AND 1073-111-06. That the City Council consider and adopt an ordinance approving the Development Agreement (File No. PDA18-006) between the City of Ontario and Ontario CC, LLC., to establish the terms and conditions for the development of Tentative Parcel Map 20027 (File No. PMTT18-009), for a 46.64-acre property located at the southwest corner of Riverside Drive and Hamner Avenue, within the proposed Neighborhood Commercial, Business Park and Light Industrial land use designations of the Edenglen Specific Plan (APNs: 0218-171-21 and 0218 171-27). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA18-006, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT 6 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

ATTACHMENT: 20210216 Agenda Report^01 EXH A ATTACHMENT: 20210216 Agenda Report ^02 EXH B ATTACHMENT: 20210216 File No. PDA18-006 Ontario CC, LLC^03 PC Backup ATTACHMENT: 20210216 File No. PDA18-006 Ontario CC, LLC^04 ORD^RM 6. APPLICATION FOR GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FY21/22 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT. 7. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH DE NORA WATER TECHNOLOGIES, LLC., FOR REPLACEMENT OF ON-SITE SODIUM HYPOCHLORITE GENERATOR EQUIPMENT FOR WELL NO. 40 8. A RESOLUTION RECONSIDERING A CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES ATTACHMENT: 20210216 Resolution_Reconsidering_Annual_Alarm_Permit_Fees_01_RESO^RM.DOCX 9. A RESOLUTION OPPOSING LEGISLATION THAT ALLOWS FOR THE MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE-FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA OF TENTATIVE PARCEL MAP 20027 (FILE NO. PMTT18-009), FOR A 46.64 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0218-171-21 AND 0218 171-27. That City Council authorize the City Manager or his designee to execute all documents necessary to apply for and accept a 12-month grant in the amount of $794,125 from the California Office of Traffic Safety (OTS) for participation in the FY21/22 Selective Traffic Enforcement Program (STEP) Grant. That the City Council approve and authorize the City Manager to execute a Goods and Equipment Purchase Agreement (on file in the Records Management Department) with De Nora Water Technologies, LLC., of Colmar, Pennsylvania, in the amount of $235,555 for the purchase of an On-site Sodium Hypochlorite Generator (OSCG) unit and replacement parts. That the City Council consider and adopt a resolution removing an annual alarm permit renewal fee from the City's Fee Schedule. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECONSIDERING CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES That the City Council consider and adopt a resolution opposing any legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning across the State of California. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, 7 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

ATTACHMENT: 20210216 Opposition to Ministerial Modifications to Single Housing Zoning Laws^01 RESO^RM.docx 10. A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTIES LOCATED ON STATE STREET, MAIN STREET, AND JEFFERSON STREET ATTACHMENT: 20210216 Resolution of Necessity Resolution by Eminent Domain^01 RESO^RM ATTACHMENT: 20210216 EXH A to RESO - WBHAC^02 ATTACHMENT: 20210216 EXH 1 to Staff Report - Map WBHAC^03 CALIFORNIA, OPPOSING LEGISLATION THAT ALLOWS FOR THE MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE-FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA 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. Notice of public hearing has been duly given, affidavits of compliance, for all items below, are on file with the Records Management Department. That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition fee interests in certain real properties located on State Street, Main Street, and Jefferson Street more particularly described as Assessor Parcel Nos. 1049-122-13; 1049-122-15; 1049-161-11; 1049-191-10; 1049-194-10; 1049-194-12; 1049-194-13; and 1049-196-03 (“Properties”), for the mitigation of airport impacts and the elimination of blight (“Project”) in Ontario, California. A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY LOCATED ON STATE STREET, MAIN STREET AND JEFFERSON STREET IN ONTARIO, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 1049-122-13, 1049-122-15, 1049-161-11, 1049-191-10, 1049-194-10, 1049-194-12, 1049-194-13, AND 1049-196-03, FOR MITIGATION OF AIRPORT IMPACTS AND ELIMINATION OF BLIGHT IN THE CITY OF ONTARIO, CALIFORNIA. STAFF MATTERS CITY MANAGER OCHOA 8 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

COUNCIL MATTERS MAYOR LEON MAYOR PRO TEM WAPNER COUNCIL MEMBER BOWMAN COUNCIL MEMBER DORST-PORADA COUNCIL MEMBER VALENCIA ADJOURNMENT 9 CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021

Paul S. Leon Mayor Alan D. Wapner Mayor pro Tem Jim W. Bowman Council Member Debra Dorst-Porada Council Member Ruben Valencia Council Member Sheila Mautz City Clerk James R. Milhiser Treasurer Scott Ochoa City Manager Ruben Duran City Attorney CITY OF ONTARIO CITY COUNCIL/HOUSING AUTHORITY AGENDA FEBRUARY 16, 2021 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 provide public comment or to address the Council have been provided alternative measures including U.S. mail, email, and a website comment form. All public comments received by the established deadline for this meeting will be included as part of the official meeting record. 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. CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 1

SPECIAL AND URGENT NOTICE In accordance with the Governor's Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20), the Ontario City Council Meetings are being conducted via teleconference to limit in-person attendance at the upcoming meeting of the City of Ontario City Council and Housing Authority. Members of the Public may utilize alternative measures established by the City of Ontario to view the City Council meetings and/or to address the Mayor and City Council Members. The meeting will be live broadcast on local cable Channel 3 as well as live streamed at: www.ontarioca.gov/Agendas/CityCouncil or Zoom. TO PROVIDE PUBLIC COMMENT: Those wishing to speak during the "Public Comment" portion for any Closed Session item must call 909-395-2900 between 5:15 p.m. and 5:30 p.m. the date of the meeting. Those wishing to speak during the "Public Comment" portion of the meeting or any item on "Consent Calendar" must call 909-395-2900 between 6:00 p.m. and 6:30 p.m. the day of the meeting. 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. TO COMMENT BY MAIL: To submit your comments by mail, provide your name, agenda item you are commenting on, and your comment by mailing to Records Management, Ontario City Hall, 303 East "B" Street, Ontario, CA 91764. Comments by mail must be received by the Records Management Department no later than 4:00 p.m. on the day of the meeting. Postmarks are not accepted. All comments received by the deadline will be provided to the City Council for consideration before action us taken on the matter. We appreciate your understanding during this unprecedented time of social distancing under the Stay at Home Order. These procedures may be modified in the future as social and public gathering protocols change. CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 2

ATTACHMENT: 20210216 Closed Session.pdf ORDER OF BUSINESS The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Public 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. CALL TO ORDER (OPEN SESSION) ROLL CALL Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon CLOSED SESSION PUBLIC COMMENT - 5:30 P.M. Members of the public who wish to address a Closed Session agenda item may do so by mailing comments to the City Clerk's Office, or by calling (909) 395-2900 between 5:15 - 5:30 p.m. or by emailing PublicComments@ontarioca.gov no later than 4:00 p.m. on the day of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. CLOSED SESSION GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Jennie Harrison Murray, Estate of Somer Harrison v. City of Ontario San Bernardino County Superior Court Case No. CIVDS1910129 GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Urfano v. City of Ontario, et al., San Bernardino County Superior Court Case No. CIVDS1828483 In attendance: Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon PLEDGE OF ALLEGIANCE Council Member Valencia INVOCATION CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 3

1. APPROVAL OF MINUTES ATTACHMENT: Minutes of 20210115 S Meeting.pdf REPORT ON CLOSED SESSION City Attorney PUBLIC COMMENTS 6:30 p.m. Members of the Public who wish to provide a general comment or address a specific agenda item may do so by mailing comments to the City Clerk's Office, or by calling (909) 395-2900 between 6:00 - 6:30 p.m. or by emailing PublicComments@ontarioca.gov no later than 4:00 p.m. on the day of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests. 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. SPECIAL PRESENTATION SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA) - PROJECT UPDATE 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 special meeting of the City Council and Housing Authority of January 15, 2021, and the regular meeting of January 19, 2021, approving same as on file in the Records Management Department. CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 4

ATTACHMENT: Minutes of 20210119 Meeting.pdf 2. BILLS & PAYROLL 3. ACCEPTANCE OF A WRITTEN PETITION TO CREATE A COMMUNITY FACILITIES DISTRICT; AND A RESOLUTION OF INTENTION TO ESTABLISH CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES ATTACHMENT: 20210216 Community Facilities District No. 59 Gateway Services^01 Resolution Intention^RM ATTACHMENT: 20210216 Community Facilities District No. 59 Gateway Services^02 RMA EXH B 4. A SPECIFIC PLAN (FILE NO. PSP18-001 - MERRILL COMMERCE CENTER) TO ESTABLISH THE LAND USE DISTRICTS, DEVELOPMENT STANDARDS, GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8,455,000 SQUARE FEET OF INDUSTRIAL AND BUSINESS PARK LAND USES ON 376.3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST (APNS: 1054-111-01; 1054-111-02; 1054-121- 01; 1054-121-02; 1054-131-01; 1054-131-02; 1054-141-01; 1054-141-02; 1054-151-01; 1054- 151-02; 1054-161-01; 1054-161-02; 1054-161-03; 1054-171-01; 1054-171-02; 1054-171-03; 1054-171-04; 1054-181-01; 1054-181-02; 1054-191-01; 1054-191-02; 1054-201-01; 1054-201- 02; 1054-211-01, 1054-211-02; 1054-221-01; 1054-221-02; 1054-331-01; 1054-331-02; 1054- 341-01; 1054-341-02; 1054-351-01; 1054-351-02; 1054-361-01; 1054-361-02; 1073-111-01; 1073-111-02; 1073-111-03; 1073-111-04; 1073-111-05; 1073-111-06) Bills January 15, 2021 through January 28, 2021 and Payroll January 3, 2021 through January 16, 2021 when audited by the Finance Committee. That the City Council consider and: A. Accept a written petition (on file with the Records Management Department) from GDCI- RCCD 2, L.P. ("Landowner"), to create a Community Facilities District ("CFD"), and to waive certain procedural matters, under the Mello-Roos Community Facilities Act of 1982; and B. Adopt a Resolution of Intention to establish City of Ontario Community Facilities District No. 59 (Gateway Services), authorize the associated levy of special taxes therein; and set a public hearing for the formation of the CFD as part of the regularly scheduled City Council meeting on Tuesday, April 6, 2021. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT PROPOSED TO BE NAMED CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 59 (GATEWAY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES. That the City Council consider and adopt the ordinance approving File No. PSP18-001, the Merrill Commerce Center Specific Plan, establishing the land use districts, development standards, CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 5

ATTACHMENT: 20210216 File No. PSP18-001 Merrill Commerce^01 AR EXH A - C ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^02 PC Backup ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^03 SP ORD^RM ATTACHMENT: 20210216 File No. PGPA18-003_PSP18-001 Merrill Commerce^04 SP ORD- ATTACH A MCCSP 5. AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT (FILE NO. PDA18- 006) BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT OF TENTATIVE PARCEL MAP 20027 (FILE NO. PMTT18-009), FOR A 46.64-ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN (APNS: 0218-171-21 AND 0218-171-27) guidelines, and infrastructure improvements for the potential development of up to 8,455,000 square feet of Industrial and Business Park land uses on 376.3 acres of land generally bordered by Eucalyptus Avenue to the north, Merrill Avenue to the south, Carpenter Avenue to the east, and Grove Avenue to the west. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSP18-001, TO ESTABLISH LAND USE DISTRICTS, DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE POTENTIAL DEVELOPMENT OF UP TO 8,455,000 SQUARE FEET OF GENERAL INDUSTRIAL AND BUSINESS PARK LAND USES ON 376.3 ACRES OF LAND GENERALLY BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, MERRILL AVENUE TO THE SOUTH, CARPENTER AVENUE TO THE EAST, AND GROVE AVENUE TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1054-111-01; 1054-111-02; 1054-121-01; 1054-121- 02; 1054-131-01; 1054-131-02; 1054-141-01; 1054-141-02; 1054-151-01; 1054-151- 02; 1054-161-01; 1054-161-02; 1054-161-03; 1054-171-01; 1054-171-02; 1054-171- 03; 1054-171-04; 1054-181-01; 1054-181-02; 1054-191-01; 1054-191-02; 1054-201- 01; 1054-201-02; 1054-211-01, 1054-211-02; 1054-221-01; 1054-221-02; 1054-331- 01; 1054-331-02; 1054-341-01; 1054-341-02; 1054-351-01; 1054-351-02; 1054-361- 01; 1054-361-02; 1073-111-01; 1073-111-02; 1073-111-03; 1073-111-04; 1073-111- 05 AND 1073-111-06. That the City Council consider and adopt an ordinance approving the Development Agreement (File No. PDA18-006) between the City of Ontario and Ontario CC, LLC., to establish the terms and conditions for the development of Tentative Parcel Map 20027 (File No. PMTT18-009), for a 46.64-acre property located at the southwest corner of Riverside Drive and Hamner Avenue, within the proposed Neighborhood Commercial, Business Park and Light Industrial land use designations of the Edenglen Specific Plan (APNs: 0218-171-21 and 0218 171-27). AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA18-006, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND ONTARIO CC, LLC., TO ESTABLISH THE TERMS AND CONDITIONS FOR THE DEVELOPMENT CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 6

ATTACHMENT: 20210216 Agenda Report^01 EXH A ATTACHMENT: 20210216 Agenda Report ^02 EXH B ATTACHMENT: 20210216 File No. PDA18-006 Ontario CC, LLC^03 PC Backup ATTACHMENT: 20210216 File No. PDA18-006 Ontario CC, LLC^04 ORD^RM 6. APPLICATION FOR GRANT FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FY21/22 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT. 7. A GOODS AND EQUIPMENT PURCHASE AGREEMENT WITH DE NORA WATER TECHNOLOGIES, LLC., FOR REPLACEMENT OF ON-SITE SODIUM HYPOCHLORITE GENERATOR EQUIPMENT FOR WELL NO. 40 8. A RESOLUTION RECONSIDERING A CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES ATTACHMENT: 20210216 Resolution Reconsidering Annual Alarm Permit Fees^01 RESO .docx 9. A RESOLUTION OPPOSING LEGISLATION THAT ALLOWS FOR THE MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE-FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA OF TENTATIVE PARCEL MAP 20027 (FILE NO. PMTT18-009), FOR A 46.64 ACRE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RIVERSIDE DRIVE AND HAMNER AVENUE, WITHIN THE PROPOSED NEIGHBORHOOD COMMERCIAL, BUSINESS PARK AND LIGHT INDUSTRIAL LAND USE DESIGNATIONS OF THE EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF – APNS: 0218-171-21 AND 0218 171-27. That City Council authorize the City Manager or his designee to execute all documents necessary to apply for and accept a 12-month grant in the amount of $794,125 from the California Office of Traffic Safety (OTS) for participation in the FY21/22 Selective Traffic Enforcement Program (STEP) Grant. That the City Council approve and authorize the City Manager to execute a Goods and Equipment Purchase Agreement (on file in the Records Management Department) with De Nora Water Technologies, LLC., of Colmar, Pennsylvania, in the amount of $235,555 for the purchase of an On-site Sodium Hypochlorite Generator (OSCG) unit and replacement parts. That the City Council consider and adopt a resolution removing an annual alarm permit renewal fee from the City's Fee Schedule. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, RECONSIDERING CITY OF ONTARIO POLICY REGARDING ANNUAL ALARM PERMIT RENEWAL FEES That the City Council consider and adopt a resolution opposing any legislation that allows for the ministerial approval of modification or elimination of single-family residential zoning across the State of California. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, OPPOSING LEGISLATION THAT ALLOWS FOR THE CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 7

ATTACHMENT: 20210216 Opposition to Ministerial Modifications to Single Housing Zoning Laws^01 RESO^RM.docx 10. A RESOLUTION OF NECESSITY FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTIES LOCATED ON STATE STREET, MAIN STREET, AND JEFFERSON STREET ATTACHMENT: 20210216 Resolution of Necessity Resolution by Eminent Domain^01 RESO^RM ATTACHMENT: 20210216 EXH A to RESO - WBHAC^02 ATTACHMENT: 20210216 EXH 1 to Staff Report - Map WBHAC^03 MINISTERIAL APPROVAL OF MODIFICATION OR ELIMINATION OF SINGLE-FAMILY RESIDENTIAL ZONING ACROSS THE STATE OF CALIFORNIA 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. Notice of public hearing has been duly given, affidavits of compliance, for all items below, are on file with the Records Management Department. That the City Council conduct a public hearing and adopt a Resolution of Necessity declaring that the acquisition fee interests in certain real properties located on State Street, Main Street, and Jefferson Street more particularly described as Assessor Parcel Nos. 1049-122-13; 1049-122-15; 1049-161-11; 1049-191-10; 1049-194-10; 1049-194-12; 1049-194-13; and 1049-196-03 (“Properties”), for the mitigation of airport impacts and the elimination of blight (“Project”) in Ontario, California. A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FOR THE ACQUISITION BY EMINENT DOMAIN OF FEE INTERESTS IN CERTAIN REAL PROPERTY LOCATED ON STATE STREET, MAIN STREET AND JEFFERSON STREET IN ONTARIO, MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NOS. 1049-122-13, 1049-122-15, 1049-161-11, 1049-191-10, 1049-194-10, 1049-194-12, 1049-194-13, AND 1049-196-03, FOR MITIGATION OF AIRPORT IMPACTS AND ELIMINATION OF BLIGHT IN THE CITY OF ONTARIO, CALIFORNIA. STAFF MATTERS CITY MANAGER OCHOA CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 8

COUNCIL MATTERS MAYOR LEON MAYOR PRO TEM WAPNER COUNCIL MEMBER BOWMAN COUNCIL MEMBER DORST-PORADA COUNCIL MEMBER VALENCIA ADJOURNMENT CITY HALL 303 EAST B STREET, ONTARIO, CA 91764 - www.ontarioca.gov FEBRUARY 16, 2021 9

Page 1 of 2 CITY OF ONTARIO CLOSED SESSION REPORT City Council // Housing Authority // Other // (GC 54957.1) February 16, 2021 ROLL CALL: Wapner _, Bowman _, Dorst-Porada _, Valencia _, Mayor / Chairman Leon _. STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Dorst-Porada _,Valencia _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 No Reportable Action Continue Approved / / / / / / Disposition: _________________________________________________________________ In attendance: Wapner _, Bowman _, Dorst-Porada _,Valencia _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Jennie Harrison Murray, Estate of Somer Harrison v. City of Ontario San Bernardino County Superior Court Case No. CIVDS1910129 No Reportable Action Continue Approved / / / / / / Disposition: _________________________________________________________________ 10

Page 2 of 2 CITY OF ONTARIO CLOSED SESSION REPORT City Council // Housing Authority // Other // (GC 54957.1) February 16, 2021 (continued) In attendance: Wapner _, Bowman _, Dorst-Porada _,Valencia _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Urfano v. City of Ontario, et al., San Bernardino County Superior Court Case No. CIVDS1828483 No Reportable Action Continue Approved / / / / / / Disposition: _________________________________________________________________ Reported by: ___________________________________________ City Attorney / City Manager / Executive Director 11

SPECIAL ONTARIO CITY COUNCIL/ ONTARIO HOUSING AUTHORITY MINUTES January 15, 2021 (Not Official Until Approved) JOINT MEETINGS A Special Meeting of the Ontario City Council/Ontario Housing Authority was held on Friday, January 15, 2021, at the Ontario City Hall, 303 East B Street, Ontario, California. CALLED TO ORDER Mayor Leon called the Joint City Council and Ontario Housing Authority meetings at 9:10 a.m. SPECIAL AND URGENT ANNOUNCEMENT In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20), the Ontario City Council Meetings are being conducted via teleconference to limit in-person attendance at meetings of the City of Ontario City Council and Housing Authority. Members of the public were advised to utilize alternative measures to view the City Council meetings and/or to address the Mayor and City Council Members. The meeting was live broadcast on local cable Channel 3, as well as internet live streamed at www.ontarioca.gov/Agendas/CityCouncil. ROLL CALL PRESENT: Mayor/Chairman Paul S. Leon Mayor pro Tem/Vice Chairman Alan D. Wapner Council/Authority Members: Jim W. Bowman, Debra Dorst-Porada and Ruben Valencia (all participating via teleconference). ABSENT: Council/Authority Members: None. Also present were City Manager/Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran and Assistant City Clerk/Assistant Secretary Claudia Y. Isbell (all participating via teleconference). The Pledge of Allegiance was led by Council Member Bowman. 12

Ontario City Council/Ontario Housing Authority Special Meeting Minutes – January 15, 2021 Page 2 of 3 PUBLIC COMMENTS Assistant City Clerk Isbell reported that there were no written comments presented. There were three web submission as follows: Frank A. Weiser, regarding the appeal of the transient occupancy tax notice of assessment. AGENDA REVIEW/ANNOUNCEMENTS CONSENT CALENDAR MOTION: Moved by Council Member Bowman, seconded by Council Member Valencia and carried by unanimous roll call vote of those present, to approve the Consent Calendar as presented. 1. A RESOLUTION CONTINUING THE EXISTENCE OF A LOCAL EMERGENCY FOR THE 2020 CORONAVIRUS PANDEMIC AND TIES THE NEED FOR FUTURE RESOLUTIONS TO THE STATE OF CALIFORNIA EMERGENCY PROCLAMATION ISSUED ON MARCH 4, 2020 The City Council adopted a resolution continuing the Proclamation of Local Emergency for the 2020 Coronavirus Pandemic and to tied future proclamations under the State of California Emergency Proclamation issued on March 4, 2020 until further notice, unless canceled sooner by the Ontario City Council. RESOLUTION NO. 2021-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, PROCLAIMING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY AND TIES THE NEED FOR FUTURE PROCLAMATIONS TO THE STATE OF CALIFORNIA EMERGENCY PROCLAMATION ISSUED ON MARCH 4, 2020 THUS DIRECTING THE EMERGENCY ORGANIZATION OF THE CITY OF ONTARIO TO TAKE ALL NECESSARY STEPS FOR THE PROTECTION OF LIFE, HEALTH AND SAFETY IN THE CITY OF ONTARIO. ADMINISTRATIVE REPORTS/DISCUSSION/ACTION 2. AN APPEAL OF THE FINDINGS OF FACT AND STATEMENT OF DECISION OF THE TRANSIENT OCCUPANCY TAX LICENSE OFFICIAL FOR MOTEL 6 ONTARIO AIRPORT The City Council considered and upheld the Findings of Fact and Statement of Decision of the Transient Occupancy Tax License Official for the Motel 6 Ontario Airport and directed staff to prepare a City Council resolution adopting findings and formalizing the decision, and placing the decision on the Consent Calendar for consideration at the next regular City Council meeting. 13

Ontario City Council/Ontario Housing Authority Special Meeting Minutes – January 15, 2021 Page 3 of 3 City Manager Ochoa provided a brief background. City Attorney Duran announced the order of presentations. Attorney Frank A. Weiser, representing the appellant, presented Motel 6’s case before Council. Attorney Darek Cole, representing the City of Ontario, presented the Tax License Official’s case before Council. Attorney Weiser was given an opportunity for rebuttal. Mayor Leon opened the matter for Council questions and deliberation. Mayor pro Tem Wapner moved to uphold the Findings of Fact and Statement of Decision of the Transient Occupancy Tax License Official for the Motel 6 Ontario Airport and, if evidence is present, asked Council to consider pursuing fraud charges. MOTION: Moved by Mayor pro Tem Wapner, seconded by Council Member Dorst-Porada and carried by unanimous roll call vote of those present, to uphold the Findings of Fact and Statement of Decision of the Transient Occupancy Tax License Official for the Motel 6 Ontario Airport and directed staff to prepare a City Council resolution to adopt findings. ADJOURNMENT Mayor Leon adjourned the meetings of the Joint Agencies at 10:16 a.m. Respectfully submitted, _____________________________________________ CLAUDIA Y