CLOSED SESSION
5:30 P.M. Teleconference via Zoom, closed to the public
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: 501 East Mission Blvd. Block
(APN’s: 8335-014-907, 8335-014-910, 8335-014-915,
8335-014-916, 8335-014-919, 8335-014-920, 8335-014-
921)
Negotiating Party: National Community Renaissance -CORE City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (d)(1))
Lucas v. City of Pomona
L.A. County Superior Court Case No. 19STCP05618; Court of Appeal, Second Appellate District, Case No. B310777
C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION
AND/OR EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9 (d)(2)) One (1) Case 505 S. Garey Ave
Pomona, CA 91766 City of Pomona
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Mayor Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Vice Mayor Robert S. Torres
VISION STATEMENT
Pomona will be recognized as a vibrant, safe, beautiful community that is a fun and exciting destination and the home of arts and artists, students and scholars, business and industry. 7:00 PM Monday, December 20, 2021 Teleconference via Zoom City Council / Housing Authority / Meeting Minutes December 20, 2021 Successor Agency to the
Redevelopment Agency
City of Pomona Page 2
7:00 P.M. Teleconference via Zoom, closed to the public
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:00 p.m.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action from closed session.
PLEDGE OF ALLEGIANCE
Councilmember Preciado led the Pledge of Allegiance.
ROLL CALL
Present via Zoom: Mayor Tim Sandoval
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Vice Mayor Robert Torres
STAFF PRESENT via Zoom
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
James Makshanoff, City Manager
John DePolis, IT Director
Mark Gluba, Deputy City Manager
Mike Ellis, Police Chief
Linda Matthews, Human Resources Director
Anita Gutierrez, Development Services Director
Geoffrey Starns, Supervising Planner
Chris Diggs, Water Resources Director
Benita DeFrank, Neighborhood Services Director
Aleli Burgos, Deputy Finance Director
Ed Segura, Purchasing Manager
Tony Ramirez, Fire Chief
Danny Whaley, Parks and Facilities Manager
Arnold Dichosa, City Engineer
Lynda Ramos, Planner
Hilda Estrada, contracted by the City, provided translation services via Zoom.
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MAYOR/COUNCILMEMBER COMMUNICATIONS
All councilmembers wished the community and City staff a happy and safe holiday season.
Councilmember Ontiveros-Cole assisted with a COVUD vaccine clinic, attended Pomona Chamber’s Heroes Award Ceremony, LA Care Toy Drive, Santa Cop event, Unity Church Silent Auction, Lion’s Den car club and toy drive.
Councilmember Preciado thanked all that donated to toy drives. He participate in God’s Pantry toy distribution. He encouraged all the shop and dine local to help Pomona businesses.
Councilmember Lustro reported on a successful tree-planting event in a greenbelt in his district and thanked all that helped with that.
Councilmember Garcia expressed her gratitude for being able to participate in the Pomona Christmas parade. She attended the Santa Co p event. She thanked the Pomona American Little League for hosting a car show and toy drive at Washington Park. She spoke about the upcoming Pomona Library Storytime where the Grinch will be making an appearance.
Vice Mayor Torres thanked all of the community groups who give back to those in need and that is what makes this City great.
Mayor Sandoval thanked his colleagues for all of their community efforts especially during the holidays. He thanked the staff for their hard work. He thanked the organize rs of the Christmas Parade. He announced that the City has been awarded a yearlong program in innovation from Bloomberg Harvard City Leadership Initiative, which will focus on youth and child development. He also announced that Bishop Wilkins of Pomona Valley Christian Center passed away. Bishop Wilkins will be remembered for his contributions to the community as he had always played a significant role in helping the most vulnerable Pomona residents.
The Mayor read the following statement regarding Kwanzaa:
We acknowledge the celebration of Kwanzaa from Dec 26 through Jan 1. Kwanzaa provides an opportunity for people of African heritage, regardless of religious background or faith, to come together and show reverence for their Creator and creation, to commemorate the past, to recommit to high ideals, and to celebrate life through the seven principles of Kwanzaa, the pillars of support, which promote unity within the family and community, self-awareness, faith and responsibility.
The Mayor also advised he would be having his “State of the City” address in the new year as well as several community meetings.
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CITY MANAGER COMMUNICATIONS
City Manager James Makshanoff had nothing to report.
PUBLIC PARTICIPATION
Public Participation - In response to the global COVID -19 pandemic and in accordance with City Council Resolution No. 2021-186 adopted December 6 , 2021 regarding the Brown Act and California State Assembly Bill 361 extending the rules regarding virtual meetings and guidance from the California Department of Public Health on gatherings, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and also were accepted live during the meeting via the chat feature on Zoom or voice . Comments received electronically via email were read into the record by the City Clerk.
** PLEASE SEE ATTACHMENT FOR ONE (1) EMAIL COMMENT READ DURING PUBLIC PARTICIPATION.
Live comments were as follows:
Darrell Kruse spoke about his concern with the process on how cannabis businesses were now being allowed in the City and his frustration with how cannabis has been viewed and handled in the City in the past specifically in regards to medical cannabis.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the entire consent calendar except Item 5 which was voted on in a separate motion.
1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes
It is recommended that the City Council approve the following City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
November 15, 2021 Meeting Minutes
December 6, 2021 Meeting Minutes
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the meeting minutes of November 15 and December 6, 2021.
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2. Approval of Planned Landscaping for Holt Avenue Reconstruction Projects
It is recommended that the City Council approve the planned landscaping for both Holt Avenue reconstruction projects: “Holt Avenue (West) Reconstruction” Project No. 428 -2590-XXXXX-71047 and “Holt Avenue (East) Reconstruction” Project No. 428-2590-XXXXX-71050 (Projects).
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the planned landscaping for both Holt Avenue reconstruction projects.
3. Receive and File the City of Pomona Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2021
It is recommended that the City Council receive and file the City of Pomona Annual Report on Development Impact Fees as of June 30, 2021.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to receive and file the City of Pomona Annual Report on Development Impact Fees.
4. Approval of the Recognized Obligation Payment Schedule (ROPS 22 -23) for the Period of July 1, 2022 through June 30, 2023, Approving the Administrative Budget for the Same Period and Authorizing the Transmittal of the ROPS and Administrative Budget to the Oversight Board for Approval
It is recommended that the Successor Agency to the former Redevelopment Agency adopt the following resolution:
SA RESOLUTION NO. 2021 -01 - A RESOLUTION OF THE CITY COUNCIL,
SITTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMEN T AGENCY
OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 22-23) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023, APPROVING THE ADMINISTRATIVE
BUDGET FOR THE SAME PERIOD, AND AUTHORIZING THE TRANSMITTAL OF
THE ROPS AND ADMINISTRATIVE BUDGET TO THE OVERSIGHT BOARD FOR
APPROVAL
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt SA Resolution No. 2021-01.
5. Adoption of Updated Urban Forest Management Plan
It is recommended that the City Council adopt the updated City of Pomona Urban Forest Management Plan.
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This item was pulled by Councilmember Garcia for questions.
Councilmember Garcia and Ontiveros -Cole asked questions and Parks and Facilities Manager Danny Whaley responded.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt the updated Urban Forest Management Plan with the amendments that: staff would prioritize areas that are lacking in the City; and a Tree Advisory Committee would require that those appointed are City residents or from Pomona based organizations.
6. Amending the FY 2021 -22 Operating Budget and Capital Improvement Pr ogram (CIP) budget by creating a fully funded CIP Project; and, execute a Transfer Agreement with the Los Angeles County Flood Control District It is recommended that the City Council take the following actions:
1) Adopt the following resolutions:
RESOLUTION NO. 2021 -192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021 -22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES $2,900,000 FROM LOS ANGELES COUNTY FLOOD CONTROL DISTRICT’S SAFE
CLEAN WATER - REGIONAL P ROGRAM TO THE MEASURE W (SAFE
CLEAN WATER PROGRAM) FUND and,
RESOLUTION NO. 2021 -193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL
IMPROVEMENT PROGRAM BUDGET BY CREATING A NEW FULLY FUNDED CIP PROJECT , “FAIRPLEX STORMWATER CAPTURE,” PROJECT NO. 428-2590-XXXXX-81060 AND APPROPRIATING $2,900,000 OF MEASURE W (SAFE CLEAN WATER PROGRAM) FUNDS TO THE NEW PROJECT
2) Authorize the City Manager to execute the attached transfer agreement with the Los Angeles County Flood Control District (District) for the Safe Clean Water (SCW) program - Regional Program.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-192 and Resolution No. 2021- 193.
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7. Award a Sole Source Purchase to Staccato Firearms for Specialized/Custom Duty Weapons in an Amount not to exceed $200,378 and approve a Re -Payment Program Plan through Bi-Weekly Payroll Deductions
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2021 -183 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING A SOLE SOURCE
PURCHASE OF SPECIALIZED/CUSTOM DUTY FIREARMS FROM
STACCATO FIREARMS IN THE AMOUNT NOT TO EXCEED $200,378 AND
APPROVING A RE -PAYMENT PROGRAM PLAN THROUGH BI -WEEKLY
PAYROLL DEDUCTION
2) Authorize the City Manager, or designee, to execute all agreements on beh alf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-183.
8. Approval of the Police Department’s Expenditure Plan for the FY 2021 -22 Supplemental Law Enforcement Services Account (SLESA), and Amending the FY 2021-22 Operating Budgets by Increasing Revenue Estimates and Appropriations by $355,000
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2021 -184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE POLICE DEPARTMENT’S EXPENDITURE PLAN FOR THE FY 2021 -22 SUPPLEMENTAL LAW
ENFORCEMENT SERVICES ACCOUNT (SLESA), AND AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $355,000
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-184.
9. Adoption of Resolution to Add Positions of Management Analyst and Program Assistant in the Water Resources Department and Appropriate $91,704 to Fund the Positions
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It is recommended that that the City Council adopt the following resolution:
RESOLUTION NO. 2021 -195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021 -22
OPERATING BUDGET FOR THE WATER RESOURCES DEPARTMENT BY
ADDING TWO POSITION TO AUTHORIZED STAFFING LEVELS AND BY APPROPRIATING $91 ,704 FROM WATER, SEWER, WATERSHED PROGRAM
AND SAFE CLEAN WATER PROGRAM (MEASURE W) AVAILABLE FUND
BALANCES
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-195.
10. City of Pomona Grant Needs Assessment and Grant Forecast It is recommended that the City Council receive and file the City of Pomona Grants Needs Assessment and Grant Forecast as prepared and submitted by Blais and Associates.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to receive and file the City of Pomona Grants Needs Assessment and Grant Forecast.
11. Adoption of a Resolution Accepting a Donation from the Credit Union of Southern California in the amount of $10,000 for the Pomona Police Santa Cop Program and amending the FY 2020 -21 Operating Budget by Increasing Revenue Estimates and Appropriations in the same amount
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2021 -196 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ACCEPTING A DONATION FROM THE CREDIT UNION OF SOUTHERN CALIFORNIA IN THE AMOUNT OF $10,000 FOR
THE POMONA POLICE SANTA COP PROGRAM AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS IN THE SAME AMOUNT
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-196.
12. Adoption of Resolution to Continue Virtual Meetings for City Council and City Board, Commissions and Committees Due to the COVID -19 Pandemic Pursuant to Assembly Bill 361
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It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2021 -197 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2021-197.
DISCUSSION
13. Finding of Public Benefit to the Community at Large -Recommended Expenditure(s) and Recap of Expended Funds
It is recommended that the City Council take the following actions:
1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit from the expenditure of funds for the recommended item(s); and
A) Amount to be determined to Community Partners 4 Innovation in support of free educational program at Lopez Urban Farm – Requested Amount: $2,500 B) Amount to be determined to Just Us 4 Youth in support of The RES’ Q (Reconnecting and Engaging Students Quickly) program – Requested Amount:
$2,000
C) Amount to be determined to BMT Community Development Center in support of pre -Christmas shopping day for shoe drive Project Perfect Pair – Requested Amount: TBD
D) Amount to be determined to Kennedy Austin Foundation in support their 13th Annual Toy Giveaway – Requested Amount: TBD
E) Amount to be determined in support Viva! Pomona Music Festival – Requested Amount: TBD
F) Amount to be determined to Pomona Police Officers’ Association in support of Thanksgiving Meal Giveaway – Requested Amount: TBD 2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0, to make a finding of public benefit for Items A-F.
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14. Consideration to Establish an American Rescue Plan (ARP) City Council Sub-Committee
It is recommended that the City Council consider establishing an ARP Sub-Committee consisting of the Mayor, and two (2) council members to assist with the processes to appropriate the ARP funds for the specific programs and projects as set forth in the City Council approved ARP spending plan.
Mayor Sandoval, Councilmember Garcia and Councilmember Lustro were chosen to be on the ARP Sub-Committee.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to establish an ARP Sub-Committee.
PUBLIC HEARINGS
15. Appeal of Major Certificate of Appropriateness No. 16336-2021, HPC Resolution 20-017 for 1694 N. Park Avenue
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2021 -190 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA 16336 -2021) FOR THE DEMOLITION OF A FRENCH PROVINCIAL REVIVIAL SINGLE FAMILY STRUCTURE BUILT IN 1924 ON A PROPERTY LOCATED AT 1694 N. PARK AVENUE (APN: 8359-015-002) OR
RESOLUTION NO. 2021-191 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA 16336 -2021) FOR THE DEMOLITION OF A PRE-1945 STRUCTURE LOCATED AT 1694 N. PARK AVENUE
Development Services Director Anita Gutierrez introduced her team of Planner Lynda Ramos and Senior Planner Geoffrey Starns. Planner Ramos gave the staff presentation.
The Mayor opened the Public Hearing.
Live comment was as follows:
Nedda Mahrou, speaking on behalf of the applicant for appeal asked the council to approve the appeal to approve the major certificate of appropriateness so that the owner may move forward with a demolition permit. She stated that since this property is no t a designated historic property nor in a historic district that the recommendation by the City Council / Housing Authority / Meeting Minutes December 20, 2021 Successor Agency to the
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Historic Preservation Commission should not be considered.
The Mayor closed the Public Hearing.
Councilmembers asked questions and discussed this item.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-1 (COUNCILMEMBER ONTIVEROS -COLE IN OPPOSITION), to adopt Resolution No. 2021-191.
16. Public Hearing - Consideration of a Resolution Approving Conduit Financing for the Mt. San Antonio Gardens Project
It is recommended that the City Council conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986 to receive testimony and comments and, upon concluding hearing, adopt the following resolution:
RESOLUTION NO. 2021 -194 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE ISSUANCE OF THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS IN A MAXIMUM AGGREGATE ISSUE PRICE OF $55,000,000 FOR THE PURPOSE OF FINANCING COSTS OF IMPROVEMENT TO MT. SAN ANTONIO GARDENS AND
CERTAIN MATTERS RELATING THERETO
Deputy Finance Director Aleli Burgos gave the staff presentation.
The Mayor opened the Public Hearing and with no speakers on this item, the Mayor closed the Public Hearing.
Councilmembers asked questions and discussed this item.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to adopt Resolution No. 2021-194.
Mayor Sandoval wished Councilmember Garcia a Happy Birthday.
ADJOURNMENT
The City Council Meeting adjourned at 8:33 p.m. on December 20, 2021.
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Respectfully submitted, ATTEST:
ROSALIA A. BUTLER, MMC TIM SANDOVAL
City Clerk/Secretary of the Pomona Mayor/Chair of the Pomona Housing Authority/Successor Agency to the Housing Authority/Successor Agency to the Redevelopment Agency Redevelopment Agency
DECEMBER 20, 2021 REGULAR CITY COUNCIL MEETING
PUBLIC COMMENTS
PUBLIC PARTICIPATION
DON & KATHRYN MARTENS – In this season of cherished holidays, expressing gratitude is especially in order. Tonight Compassionate Pomona would like to offer some special thanks. Like all communities, Pomona is a relationship. When that relationship is centered on building trust, goodwill and compassion among everyone in th e relationship, it flourishes. So we’d like to express our gratitude to those in Pomona who work to make and keep that community relationship strong. Thanks to all those elected officials who embody honesty, integrity and transparency. You bring honor to Pomona.
Thanks to all those elec ted officials who value and embody true public service, not personal political advancement and publicity. You truly serve us all. Thanks all to those elected officials who don’t perch on personal pedestals of power, but who are out there in the streets—planting trees, delivering food to Pomonans in need, picking up trash and much, much, much more. We see you. Your genuine love for Pomona and its people inspires us. Thanks to all those elected officials who work always with good will to create and maintain good working relationships with their peers rather than nursing petty political grudges and making grudge votes and alliances. To all those fine elected officials, we appreciate you. We thank you very much!!