479
• ONTARIO CITY COUNCIL/
ONTARIO HOUSING AUTHORITY
MINUTES
MAY 16, 2023
JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, May 16, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.
CALL TO ORDER
Mayor Leon called the joint meetings to order at 5:30 p.m.
ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Jim W. Bowman and Ruben Valencia ABSENT: Council/Authority Members: Alan D. Wapner (excused).
Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.
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, the City Council recessed to Closed Session, with the exception of Council Member Wapner, at 5:32 p.m. for discussion of the following:
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 1011-221-19; 1522 West Mission Boulevard; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: The Ramanbhai G.
Patel and Manjulaben R. Patel Revocable Living Trust; Under negotiation: Price and terms of payment
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0110-321-43; 2151 East Convention Center Way; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: ONT Gateway LLC; Under negotiation: Price and terms of payment.
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• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-101-03, 0218-101-04, 0218-101-05, 0218-101-06; Southeast Corner Riverside Drive and Vineyard Avenue; City/Authority negotiator:
Scott Ochoa or his designee; Negotiating parties: JCLIN INVESTMENT LP; Under negotiation: Price and terms of payment
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-111-08, 0218-111-11, 0218-111-12, 0218-111-49, 0218- 111-50; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: 15 Dairy River LLC; Under negotiation: Price and terms of payment.
• GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-111-06; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Sanchez Family Trust; Under negotiation: Price and terms of payment. • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN: 0218-111-05; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Raymundo Flores; Under negotiation: Price and terms of payment • GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APNs: 0218-111-04, 0218-111-45; Southeast Corner Riverside Drive and Ontario Avenue; City/Authority negotiator: Scott Ochoa or his designee; Negotiating parties: Ontario WF Farm LLC; Under negotiation: Price and terms of payment
• GC 54956.9(d)(4), CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Case
• GC 54957.6, CONFERENCE WITH LABOR NEGOTIATIONS: City Negotiator:
City Manager or his designees; Bargaining Units: Ontario Police Officers Association, Ontario Police Management Group, Ontario Professional Firefighters Association Local 1430, Ontario Fire Management Group, Department Heads, Executives, AFSCME Local 3061, Teamsters Local 1932, Association of Management Employees, Confidential Group, and Part-time Employees.
OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:31 p.m. for the regular session.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor pro Tem Dorst-Porada. 481
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INVOCATION
The invocation was led by Pastor Delfa Tangonan Nava with the Jesus is Lord Church Ontario.
REPORT ON CLOSED SESSION
City Attorney Duran announced there was no reportable action.
SPECIAL CEREMONIES
TWENTY-THIRD ANNUAL MODEL COLONY AWARDS
The City Council asked the Executive Director of Community Development Scott Murphy to present the 2023 "Model Colony" Awards for Historic Preservation. Awards were distributed.
RECOGNITION OF "HISTORIC PRESERVATION MONTH" IN THE CITY OF ONTARIO The City Council proclaimed the Month of May 2023 as "Historic Preservation Month" in the City of Ontario.
PROCLAMATION OF MAY 20, 2023 AS KIDS TO PARKS DAY
The City Council proclaimed May 20, 2023 as Kids to Parks Day in the City of Ontario.
Mayor Leon recessed the meetings at 6:58 p.m. and reconvened at 7:12 p.m.
Mayor Leon announced his anticipated appointments to Boards and Commissions.
PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were six written public comments.
Lee Jones, regarding community safety.
Rebecca Lowe, alleging possible fraud.
Jason Alonzo, in opposition of warehouses.
Ken Braithwaite, regarding games at Jay Littleton Ballpark.
Bobby, regarding crime in the City.
Lee Jones, specific questions regarding Item No. 7 of the agenda.
Mayor Leon called upon the first speaker.
Enrique, spoke about his Cinco de mayo event.
Stephanie Martinez, requested time limits on City electric vehicle chargers.
Joey Chavez, requested a tattoo show in the City.
Dawn Hundley, spoke regarding homelessness.
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Marco Tule, spoke regarding the Inland Empire Utilities Agency and encouraged local participation.
Amanda Coker, with the Chino Water Basin Conservation announced upcoming events.
Randy Bekendam, thanked Ontario residents for support and announced the closing of Amy's Farm.
Randi Campbell, spoke on parking signs for electronic vehicle charging parking versus handicap parking.
Karen Haughey, representative of San Bernardino County Board Supervisor Hagman's office spoke of upcoming events.
AGENDA REVIEWIANNOUNCEMENTS
City Manager Ochoa made no announcements.
CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, to approve the Consent Calendar as presented.
1. APPROVAL OF MINUTES
Minutes for the regular meetings of the City Council and Housing Authority of April 18, 2023, and approving same as on file in the Records Management Department.
2. BILLS & PAYROLL
Bills April 14, 2023 through April 27, 2023 in the amount of $13,304,236.24, and Payroll April 9, 2023 through April 22, 2023 in the amount of $4,068,530.95, when audited by the Finance Committee
3. A RESOLUTION ORDERING THE SUMMARY VACATION OF TWO EASEMENTS
FOR SANITARY SEWER AND PUBLIC UTILITY PURPOSES LOCATED AT THE
SOUTHEAST CORNER OF SOUTH BON VIEW AVENUE AND EAST ONTARIO
BOULEVARD
The City Council adopted a Resolution ordering the summary vacation of two easements for sanitary sewer and public utility purposes located at the southeast corner of South Bon View Avenue and East Ontario Boulevard. 483
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RESOLUTION NO. 2023-033 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF
TWO EASEMENTS FOR SANITARY SEWER AND PUBLIC UTILITY PURPOSES
LOCATED AT THE SOUTHEAST CORNER OF SOUTH BON VIEW AVENUE AND EAST ONTARIO BOULEVARD.
4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
REMOTE ACCELA SUPPORT WITH TRUEPOINT SOLUTIONS, LLC
The City Council authorized the City Manager to execute an Amendment to the current Agreement with TruePoint Solutions, LLC., Loomis, California, for on-going service and support of the Accela Civic Platform for a total not to exceed amount of $650,000 and extend the term for two years.
5. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT FOR THE
PROCUREMENT OF ASPHALT MATERIALS
The City Council authorized the City Manager or his designee to execute Amendment No. 1 to the Goods and Services Agreement with All American Asphalt of Corona, California, to procure asphalt materials in an amount not-to-exceed $965,970.
6. AMENDMENTS TO THE EQUIPMENT PURCHASE AGREEMENTS WITH MCLAUGHLIN WASTE EQUIPMENT, INC. FOR COMMERCIAL BIN
CONTAINERS AND ROLL-OFF CONTAINERS AND PARTS
The City Council took the following actions:
A. Authorized the City Manager or his designee to execute Amendment No. 4 to the existing Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc. of Galt, California, for the procurement of commercial bin containers, exercising the option of a one-year extension of the agreement and extending the term of the agreement to June 30, 2024 in an amount not- to-exceed $1,000,000; and
B. Authorized the City Manager or his designee to execute Amendment No. 2 to the existing Equipment Purchase Agreement with McLaughlin Waste Equipment, Inc. of Galt, California, for the procurement of roll-off containers and parts, exercising the option of a one-year extension of the agreement and extending the term of the agreement to June 30; 2024 in an amount not-to- exceed $400,000.
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7. 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. 61 (MERRILL
COMMERCE CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF
SPECIAL TAXES
The City Council consider and:
A. Accepted a written petition from Prologis LP, Research ("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. 61 (Merrill Commerce Center 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, June 20, 2023.
RESOLUTION NO. 2023-034 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. 61 (MERRILL COMMERCE CENTER SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX.
8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HINDERLITER DE LLAMAS & ASSOCIATES (HDL) FOR SALES TAX
CONSULTING AND REVENUE RECOVERY SERVICES AND AN AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH HDL COREN & CONE
FOR PROPERTY TAX SERVICES
The City Council authorized the City Manager or his designee to execute the following amendments:
A. An Amendment with Hinderliter de Llamas & Associates adding indirect cost recovery to the scope of work, increasing compensation for a new not-to- exceed amount of $1,700,000 with an expiration of June 30, 2025, and an option to add two (2) additional one-year terms to the agreement; and B. An Amendment for the HdL Coren & Cone agreement to increase compensation for a new not-to-exceed amount of $172,605 with an expiration of June 30, 2025, and an option to add two (2) additional one-year terms to the agreement..
9. A GRANT APPLICATION FROM THE ADMINISTRATION FOR COMMUNITY
LIVING FOR THE ACTIVE SENIOR ON THE GO PROGRAM
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 $439,094 from the Administration for Community Living (ACL), a division of the U.S. 485
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Department of Health and Human Services, for the Recreation & Community Services Department's Active Seniors on the Go program.
10. FISCAL YEAR 2022-23 THIRD QUARTER BUDGET UPDATE REPORT A. The City Council approved the budget adjustments and recommendations as presented in the Fiscal Year 2022-23 Third Quarter Budget Update Report (Exhibit A), and adopt a Resolution pertaining to the City Clerk and Treasurer B. The City Council approve a revised Salary Schedule (Exhibit B) and for Unrepresented Part-time employees and authorize the City Manager to approve staffing programs and the assigned salary grade placement for each Part-Time classification with the recommendation of the Human Resources / Risk Management agency.
RESOLUTION NO. 2023-035 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, SETTING THE COMPENSATION OF THE CITY
CLERK AND CITY TREASURER AND RESCINDING PREVIOUS RESOLUTION NO. 2014-016.
PUBLIC HEARING
11. A PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO
UPDATE THE CITY'S DEVELOPMENT IMPACT FEES (DIF) MASTER
FACILITIES PLAN
The City Council considered and adopted a Resolution to update the City's Development Impact Fees (DIF) Master Facilities Plan.
RESOLUTION NO. 2023-036 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ONTARIO, CALIFORNIA, ADOPTING THE DEVELOPMENT IMPACT FEES (DIF) MASTER FACILITIES PLAN UPDATE.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor leon pared the neilayor Lean insed ed anion an interested in elin for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Wapner absent, to adopt Resolution No. 2023-036.
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12. A PUBLIC HEARING TO CONSIDER FILE NO. PUD22-005, A PLANNED UNIT DEVELOPMENT FOR A 2.38-ACRE PARCEL OF LAND LOCATED AT THE
NORTHEAST CORNER OF EUCLID AVENUE AND D STREET, BORDERED BY
E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST
The City Council introduced and waived further reading of an Ordinance approving File No. PUD22-005, the D Block Planned Unit Development, establishing development standards and design guidelines to facilitate a commercial and residential mixed-use development located at the northeast corner of Euclid Avenue and D Street.
ORDINANCE NO. 3248 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD22-005, A
PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT ANC
PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 2.38-ACRES OF
LAND LOCATED AT THE NORTHEAST CORNER OF EUCLID AVENUE AND D
STREET, BORDERED BY E STREET ON THE NORTH AND LEMON AVENUE ON THE EAST WITHIN THE LUA-1 (EUCLID AVENUE ENTERTAINMENT) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1048-363-05, 1048-363-04, 1048-363-03 AND 1048-363-
02. Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Matthew Gelfand in support.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem da and caried Dorst-Porada and carried by a unanimous vote 4-0, with Council Member Wapner absent, introduce Ordinance No. 3248.
13. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-005)
BETWEEN THE CITY OF ONTARIO AND GROVE LAND VENTURE LLC, TO
ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO. PMTT20-011), A 159.95 ACRE PROPERTY
BORDERED BY EUCALYPTUS AVENUE TO THE NORTH, BON VIEW AVENUE
TO THE WEST, MERRILL AVENUE TO THE SOUTH, AND GROVE AVENUE TO
THE EAST, WITHIN THE INDUSTRIAL AND BUSINESS PARK LAND USE
DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054-091-02, 1054- 101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02)
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The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA21-005) between the City of Ontario and Grove Land Venture LLC, to establish the terms and conditions associated with Tentative Parcel Map 20161 (File No. PMTT20-011), a 159.95-acre property bordered by Eucalyptus Avenue to the north, Bon View Avenue to the west, Merrill Avenue to the south, and Grove Avenue to the east, within the Industrial and Business Park land use districts of the South Ontario Logistics Center Specific Plan.
ORDINANCE NO. 3249 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PDA21-005, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO
AND GROVE LAND VENTURE LLC, TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH TENTATIVE PARCEL MAP 20161 (FILE NO.
PMTT20-011), A 159.95 ACRE PROPERTY BORDERED_BY EUCALYPTUS
AVENUE TO THE NORTH, BON VIEW AVENUE TO THE WEST, MERRILL
AVENUE TO THE SOUTH, AND GROVE AVENUE TO THE EAST, WITHIN THE
INDUSTRIAL AND BUSINESS PARK LAND USE DISTRICTS OF THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSP19-001) AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-071-01, 1054-071-02, 1054-081-03, 1054-091-01, 1054-091-02, 1054-101-01, 1054-101-02, 1054-231-01, 1054-231-02, 1054-241-01, 1054-241-02, 1054-311-01, 1054-311-02, 1054-321-01 AND 1054-321-02.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, introduce Ordinance No. 3249.
14. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN (FILE NO. PSPA22-008), TO REMOVE A 71.6-ACRE PORTION OF THE SPECIFIC PLAN, IN CONJUNCTION WITH A ZONE CHANGE (FILE NO. PZC23-001) LOCATED SOUTH OF
EUCALYPTUS AVENUE, NORTH OF MERRILL AVENUE, WEST OF BON VIEW
AVENUE, AND EAST OF CAMPUS AVENUE
The City Council took the following actions:
A. Adopted a Resolution approving File No. PSPA22-008, an Amendment to the Sounges to re love 716 ares from the Spect Phan, ang map and textual 488
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B. Introduced and waived further reading of an Ordinance adopting File No.
PZC23-001, a Zone Change to establish the SP/AG (Specific Plan/Agriculture Overlay) zoning district on the Project site.
RESOLUTION NO. 2023-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-008,
AMENDING THE SOUTH ONTARIO LOGISTICS CENTER SPECIFIC PLAN INCLUDING MAP AND TEXTUAL CHANGES TO REMOVE A 71.6-ACRE
PORTION OF LAND GENERALLY LOCATED SOUTH OF EUCALYPTUS
AVENUE, NORTH OF MERRILL AVENUE, WEST OF BON VIEW AVENUE, AND
EAST OF CAMPUS AVENUE FROM THE SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1054-051-01, 1054-051-02, 1054-061- 01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01 AND 1054-301-02.
ORDINANCE NO. 3250 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.
PZC23-001, A REQUEST TO ESTABLISH THE SP(AG) (SPECIFIC
PLAN/AGRICULTURE OVERLAY) ZONING DISTRICT ON THE 71.6-ACRE
PROJECT SITE GENERALLY LOCATED SOUTH OF EUCALYPTUS AVENUE,
NORTH OF MERRILL AVENUE, WEST OF BON VIEW AVENUE, AND EAST OF CAMPUS AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS:
1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01 AND 1054-301-02.
Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no one written communications.
Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.
Randy Bekendam, spoke in opposition of the item.
Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion. City Manager Ochoa and Executive Director of Community Development Scott Murphy provided additional information for Council.
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 4-0, with Council Member Wapner absent, adopt Resolution No. 2023-037 and introduce Ordinance No. 3250.
STAFF MATTERS
City Manager Ochoa made no comments.
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COUNCIL MATTERS
Mayor pro Tem Dorst-Porada announced upcoming events in the City and encouraged local participation with the Inland Empire Utilities Agency.
Mayor Leon spoke regarding the Inland Empire Utilities Agency.
Council Member Bowman had no comments.
Council Member Valencia invited residents to a law enforcement memorial at the Ontario Town Square hosted by the Ontario Police Department.
ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:06 p.m. in memory of Patrick Jones and announced the next regular meeting on June 6, 2023.
Respectfully submitted,
Sherla Mauts
SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
PAUL S. LEON, MAYOR/CHAIRMAN