City of Pomona 505 S. Garey Ave
Pomona, CA 91766
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Councilmember Victor Preciado
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.
Monday, February 7, 2022 7:00 PMA Teleconference via Zoom
CLOSED SESSION
5:30 P.M. Teleconference via Zoom, closed to the public
A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Pursuant to Government Code Section 54956.9(d) (1))
City of Pomona vs. General Reinsurance Corporation and General Reinsurance Corporation
Federal Court Case No. 2:21-cv-01659 FLA (RAOx)
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION AND/OR
EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
One (1) Case
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 Council / Housing Authority / Meeting Minutes February 7, 2022 Successor Agency to the
Redevelopment Agency
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho reported that on Closed Session Item B the Council gave unanimous direction to the City Attorney's Office to file any action that was necessary to return the property on Garey and 7h Street to the City
PLEDGE OF ALLEGIANCE
Councilmember Garcia 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
Kirk Pelser, Deputy City Manager
Mark Gluba, Deputy City Manager
Dennis Cooper, Police Captain
Linda Matthews, Human Resources Director
Rene Guerrero, Public Works Director
Arnold Dichosa, City Engineer
Andrew Mowbray, Finance Director
Anita Gutierrez, Development Services Director
Chris Diggs, Water Resources Director
Benita DeFrank, Neighborhood Services Director
Mike Osoff, Recreation Manager
Adrian Valdez, Recreation Supervisor
Vinny Tam, Planner
Ata Khan, Supervising Planner
Hilda Estrada, contracted by the City, provided translation services via Zoom.
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PRESENTATIONS
*Proclamation Proclaiming February 2022 as "Black History Month" in the City of Pomona Councilmembers Lustro and Garcia read the proclamation.
Jeanette Ellis Royston from the NAACP accepted the proclamation and thanked the City for the recognition on behalf of her organization and other African American community groups in Pomona.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Vice Mayor Torres thanked all those that helped with his second free take home COVID test event and he plans to continue this event every Friday. He expressed support for the police officer that was injured recently in an officer involved shooting. He spoke about the need to invest in public safety and have resources available.
Councilmember Ontiveros-Cole reported about an upcoming vaccine clinic on February 19.
She thanked the code enforcement department for help with issues on Holt Ave. She reported that the Cardenas Market has hired a company to clean up their parking lot. She thanked the police department for their work in the City.
Councilmember Garcia thanked the Inland Valley Anti Human Trafficking Task Force for their recent symposium that included stories from survivors and the Pomona Police Department SET Team. She expressed joy about the over 80 volunteers who came to Washington Park on February 5 to plant trees. She reported that 232 trees have been planted in District 3 in four years and thanked Clean and Green Pomona for these efforts.
She thanked Pomona Valley Hospital for their partnership supporting Heart Health Month and reminded everyone again that women experience different symptoms than men when suffering from a heart attack. She thanked the Pomona Police Department for ensuring the safety of residents in the Angela Chanslor neighborhood.
Councilmember Preciado thanked all those involved in the first community Pull Up event.
He advised that Lieutenant Ramos would be having a virtual District 2 Area Commander meeting.
Mayor Sandoval expressed well wishes and appreciation to the Pomona Police officers.
He also reported that Pomona Beautiful would be starting back up soon.
CITY MANAGER COMMUNICATIONS
City Manager James Makshanoff reported that he attended the League of California Cities City Managers Conference. He reported that he met with Assemblyman Rodriguez to discuss the state budget specifically about discretionary spending and possible economic City of Pomona Page 3
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development funds available. They also discussed homeless services and human trafficking.
PUBLIC PARTICIPATION
Public Participation - In response to the global COVID-19 pandemic and in accordance with City Council Resolution No. 2022-17 adopted January 24, 2022 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 THREE (3) EMAIL COMMENTS READ DURING PUBLIC PARTICIPATION.
Live comments were as follows:
Raul Pulido spoke about his rent being raised in the trailer park that he lives in. His electricity bill is also very high. He expressed concern about the lack of parking spaces and unsafe street racing.
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.
Benjamin Wood spoke about Legacy RV Park and the improvements that PUSH helped get done there with the previous owners. He reported that the new owners have been imposing new rules that violate the mobile home residency law. He also urged the council to step in and help with unlawful rent increases.
The Mayor asked the City Attorney to look into the rent increase issue at the mobile home park.
Don Martens from Compassionate Pomona spoke on the importance of expressing gratitude. He recognized service clubs and community groups that work to make Pomona a better place.
Mario Vazquez Lopez (translated and summarized by City staff) spoke about problems at the Skyline Apartments where the rates being charged are tremendous. He said they have tried to meet with the owners but the owners will not meet with them. He said they need council support.
Christian Verduzco, mentor for Just Us 4 Youth, spoke about an upcoming event on March 12 at Purpose Church called The Young and Resilient. This conference will target young City Council / Housing Authority / Meeting Minutes February 7, 2022 Successor Agency to the
Redevelopment Agency
men aged 12-24 and the goal is to provide tools to help youth be more resilient and aware of the things in life that cause stress. He asked that the council consider their request for funds in the Finding of Public Benefit process.
Miranda Sheffield expressed concern about a power outage at a North Pomona apartment complex that has not been restored since the January windstorm. She asked why this would be happening and why the City has not resolved this serious issue.
The Mayor asked Public Works Director Guerrero to look into this issue.
Aldo Yanez Ruiz, Independent Redistricting Commission Chair, gave an update on the work of that commission.
Alison Henry from San Gabriel Valley Tenant Alliance, urged the council to consider tenants in their housing plan. Rent stabilization is a viable solution for a community that is significantly rent burdened.
Berta (translated and summarized by City staff), a resident from Legacy Apartments spoke about problems with rent increases, high electricity rates, discolored water, drainage, and lack of parking. She said that they have dealt with these issues for years and need help.
Councilmember Nolte asked whether the police department could investigate high charges for electricity.
Soon spoke in support of PUSH and that the City needs to meet necessities first before desires. There are many people at risk with rent increases. She expressed that the council needs to focus on finding resources for people during this housing crisis. She asked that the council also focus on climate issues and looking into grants that can help the City.
Irene Aguirre thanked Congresswoman Torres for funding for Ganesha Park, thanked Mayor Sandoval for book donations, thanked Pomona PD for keeping the community safe, and thanked council and staff for their work. She asked that people take care of the Little Free Libraries because some of them are in very bad condition.
A resident from Legacy Apartments asked for help regarding many problems there including rent increases, sewer issues and lack of parking.
Cheryl, a resident from the apartment complex spoke about earlier that has no power, stated that management told her it was the City holding up the power being restored.
Public Works Director Guerrero advised the Mayor that his staff was looking into what the issue is at this complex.
Councilmember Preciado advised he could help provide food and possibly generators. He also asked about whether the City can update the code to punish property owners that City Council / Housing Authority / Meeting Minutes February 7, 2022 Successor Agency to the
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violate renter's rights.
City Attorney Carvalho said she could provide to council what the City can and cannot do regarding enforcement and that she would be meeting with the neighborhood services director regarding the issues surrounding the mobile home park mentioned in comments this evening.
Elana Eden from the Housing Rights Center offers free housing services and legal services. There is outreach to both property owners and tenants to help everyone learn their legal rights. She encouraged the council to continue to prioritize and fund fair housing services, housing legal rights education and legal services within its housing strategy.
Angela Avila-Barnes, a resident from the apartment complex spoke about earlier that has no power, shared her experience with the power outage and confirmed that she was told that it was the City holding up the process. They have also been told to file claims with their insurance but there is no property damage, only no power. She spoke about the need for the Council to focus on rent stability and making sure property owners are compliant.
Cecilia a resident from Legacy Apartments spoke about problems with rent increases, no notification of power and water outages, lack of enough handicap parking, rough pavement and sewer issues.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve the entire Consent Calendar except for Item No. 4 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:
December 20, 2021 Meeting Minutes
January 10, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve the December 20, 2021 and January 10, 2022 meeting minutes.
2. 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
It is recommended that the City Council adopt the following resolution:
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RESOLUTION NO. 2022-27 - 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 NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-27.
3. Award a bid for utility pavement and sidewalk cut repairs to G.M. Sager Construction Company, Inc.
It is recommended that the City Council take the following actions:
1) Approve the categorical exemption from CEQA pursuant to section 15301; 2) Award a bid to G.M. Sager Construction Company, Inc. for permanent pavement and sidewalk repairs, at the prices bid, for a term of three-years, with two additional one-year extension options; and
3) Authorize the City Manager to execute the contract and any amendments on behalf of the City, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve the categorical exemption from CEQA pursuant to section 15301; award a bid to G.M. Sager Construction Company, Inc. for permanent pavement and sidewalk repairs, at the prices bid, for a term of three-years, with two additional one-year extension options; and authorize the City Manager to execute the contract and any amendments on behalf of the City, subject to review by the City Attorney.
4. Adopt a Resolution Amending the Fiscal Year 2021-22 Operating Budget by Appropriating $49,710 from the Safe Clean Water Program (Measure W) Fund to the State Gas Tax RMRA Fund
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY APPROPRIATING AND TRANSFERRING $49,710 FROM THE SAFE
CLEAN WATER PROGRAM (MEASURE W) MUNICIPAL PROGRAM FUND TO
THE STATE GAS TAX RMRA FUND BY AMENDING REVENUE ESTIMATES AND
A CORRESPONDING APPROPRIATION FOR THE SAME AMOUNT
This item was pulled for discussion for a speaker comment. ** PLEASE SEE ATTACHMENT FOR ONE (1) EMAIL COMMENT READ REGARDING THIS ITEM.
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to adopt Resolution No. 2022-12.
5. Approval of Appointment to Fill the Mayoral Vacancy on the Board of Parking Place Commissioners (Vehicle Parking District)
It is recommended that the City Council review the application and approve the appointment of Paola Vega to serve as the Mayoral Representative on the Board of Parking Place Commissioners (VPD).
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve the appointment of Paola Vega to serve as the Mayoral Representative on the Board of Parking Place Commissioners (VPD).
6. Adopt a Resolution to Amend the FY 2021-2022 Operating Budget for the Senior Citizen Nutrition Grant Fund and to Accept Funds from LA County Elderly Nutrition Grant Program in the amount of $202,118
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22
OPERATING BUDGET TO ACCEPT FUNDS FROM THE LA COUNTY
ELDERLY NUTRITION GRANT PROGRAM IN THE AMOUNT OF $202,118,
INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE SENIOR
NUTRITION GRANT FUND, AND APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH BETTER 4 YOU MEALS, INC. TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $453,221 FOR A CONTRACT AMOUNT
TOTALING $603,221
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-23.
7. Approval of Lot Merger LM6-2021 for the Property Located at 2710 N. Towne Avenue, Pomona, CA, Assessor Parcel Numbers 8313-001-002 & -238, Related to the Modera Multi-Family Residential Development, 210 Units (Council District 6) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-18 - A RESOLUTION OF THE CITY COUNCIL OF City of Pomona Page 8
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THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM6-2021 FOR THE PROPERTY LOCATED AT 2710 N. TOWNE AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBERS 8313-001-002 & -238 2) Authorize the City Engineer to sign the Lot Merger LM6-2021 on behalf of the City.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-18.
8. Approval of Parcel Map PM No. 73821-1 for the Property Located at 55-65 Rancho Camino Drive, Pomona, CA, Assessor Parcel Number 8708-001-054, Related to a Proposed Mixed Use Development Consisting of 105 Residential Units and Health Club (Council District 5)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING PARCEL MAP PM NO. 73821-1 FOR THE PROPERTY LOCATED AT 55-65 RANCHO CAMINO DRIVE, ASSESSOR PARCEL NUMBER 8708-001-054
2) Authorize the City Engineer to sign the Parcel Map PM No. 73821-1 on behalf of the City.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-20.
9. Award of Contract to Otto Environmental Systems, North America, Inc. for Purchase of Refuse Containers
It is recommended that the City Council take the following actions:
1) Award a contract to Otto Environmental Systems, North America, Inc. for as-needed purchase of retuse containers through a cooperative purchase agreement that was executed by DeKalb County through August 31, 2022; and 2) Authorize the City Manager, or designee, to approve the agreement, purchase orders, and any extensions thereto, on behalf of the City.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to award a contract to Otto Environmental Systems, North America, Inc. for as-needed purchase of refuse containers through a cooperative purchase City of Pomona Page 9
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agreement that was executed by DeKall County through August 31, 2022; and authorize the City Manager, or designee, to approve the agreement, purchase orders, and any extensions thereto, on behalf of the City.
10. Approval of Agreement with City of La Verne for Arrow Highway Median Improvements
It is recommended that the City Council take the following actions:
1) Approve an agreement with the City of La Verne for median landscape/irrigation improvements and project management on Arrow Highway from White Avenue in La Verne to Garey Avenue in Pomona; and
2) Authorize the City Manager, or designee, to approve the agreement and any extensions/amendments thereto, on behalf of the City.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve an agreement with the City of La Verne for median landscape/irrigation improvements and project management on Arrow Highway from White Avenue in La Verne to Garey Avenue in Pomona; and authorize the City Manager, or designee, to approve the agreement and any extensions/amendments thereto, on behalf of the City.
11. Amendment to the Engagement Letter Agreement with Kabbara Engineering in the Amount of $4,689 for Engineering Services for the Emergency Shelter Annex/Water Utility Access Project
It is recommended that the City Council take the following actions:
1) Amend the Engagement Letter Agreement with Kabbara Engineering in the amount of $4,689 to provide additional engineering services for the "Emergency Shelter Annex/ater Utility Access," CIP Project No. 428-2590-XXXXX-71053; and
2) Authorize the City Manager to execute all documents and subsequent amendments related with this action, with approval of the City Attorney as to form.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to amend the Engagement Letter Agreement with Kabbara Engineering in the amount of $4,689 to provide additional engineering services for the "Emergency Shelter Annex/Water Utility Access," CIP Project No. 428-2590-XXXXX-71053; and authorize the City Manager to execute all documents and subsequent amendments related with this action, with approval of the City Attorney as to form.
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12. Receive and File Report Required by City Ordinance No. 4244 Related to the California Values Act (SB 54)
It is recommended that the City Council receive and file a status report of the City's compliance with City of Pomona Ordinance No. 4244 and the State of California Values Act (SB 54).
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to receive and file a status report of the City's compliance with City of Pomona Ordinance No. 4244 and the State of California Values Act (SB 54).
13. Resolution Adopting Notification of Intent to Comply with SB 1383 Regulations It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATIONS
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-16.
14. Amendment to Agreement with HR Green Pacific, Inc. for Professional Review and Inspection Consulting Services
It is recommended that the City Council take the following actions:
1) Approve an Amendment to a contract with HR Green Pacific, Inc. to provide professional on-call review and inspection consulting services for "Transit Improvement Program - Gold Line," Project No. 428-2590-XXXXX-68559 for an amount not-to-exceed $300,000 for the initial three-year term, with renewal options not-to-exceed a combined additional amount of $200,000 during an additional two-year term; and
2) Authorize the City Manager or designee, to execute the amendment and any subsequent amendments as well as renewal options.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to approve an amendment to a contract with HR Green Pacific, Inc. to provide professional on-call review and inspection consulting services for "Transit Improvement Program - Gold Line," Project No. 428-2590-XXXXX-68559 for an amount not-to-exceed $300,000 for the initial three-year term, with renewal options not-to-exceed a combined additional amount of $200,000 during an additional two-year term; and Authorize the City Manager or designee, to execute the City of Pomona Page 11
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amendment and any subsequent amendments as well as renewal options.
DISCUSSION
15. Update regarding Community Services Program and Activities It is recommended that the City Council take the following actions:
1) Review staff's presentation on Community Services program and activities and discuss the information contained therein;
2) Provide direction to staff regarding the trajectory of programming outlined in the presentation; and
3) Receive and file this report.
Community Services Manager Mike Osoff gave the staff presentation.
Councilmembers asked questions and made comments regarding this item.
This item was for discussion only so no action was taken.
16. 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 items); and
A) Amount to be determined to project Sister Family Services in support of an honorarium for a guest speaker at its Human Trafficking virtual event - Requested Amount: $800
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to make a finding of public benefit for Item A.
17. Approval of Salary Increase for the City Clerk
It is recommended that the City Council approve a five percent (5%) pay increase effective December 5, 2021 for City Clerk Rosalia Butler within the existing salary range for the position of City Clerk.
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MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve a five percent (5%) pay increase effective December 5, 2021 for City Clerk Rosalia Butler within the existing salary range for the position of City Clerk.
18. Approval of Salary Increase for the City Manager and Adoption of Resolutions Amending Citywide Salary Schedule and Compensation Plan for Executive Group A and B Employees
It is recommended that the City Council take the following actions:
1) Approve a four percent (4%) pay increase effective January 16, 2022 for City Manager James Makshanoff in accordance with his employment contract; and 2) Adopt the following resolutions:
RESOLUTION NO. 2022-22 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF POMONA'S SALARY SCHEDULE FOR FISCAL YEAR 2021-22 TO MEET THE
REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO MODIFY THE SALARY OF THE CITY
MANAGER
RESOLUTION NO. 2022-25 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX A OF THE
COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B
EMPLOYEES BY MODIFYING THE SALARY FOR THE CITY MANAGER
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-22 and Resolution No. 2022-25.
PUBLIC HEARINGS
19. Public Hearing to Consider Adoption of "Pro Housing Pomona," the City's update to the Housing Element of the Pomona General Plan for the Sixth Cycle, 2021-2029 (General Plan Amendment 17271-2021)
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2022-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING "PRO HOUSING POMONA," THE
SIXTH CYCLE UPDATE TO THE HOUSING ELEMENT OF THE POMONA
GENERAL PLAN
Planning Manager Ata Khan gave the staff presentation.
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The Mayor opened the Public Hearing.
** PLEASE SEE ATTACHMENT FOR EIGHT (8) EMAIL COMMENTS READ REGARDING THIS ITEM.
Live comments were as follows:
Benjamin Wood spoke about the City using land to develop affordable housing and incorporating green space in all developments. Housing protections need to be a prominent goal of the housing element including rent stabilization, just cause, right to counsel and tenant first right of refusal
Yesenia Miranda Meza from PUSH expressed concern with the length of the study and stated that help is needed now for rent stabilization and just cause ordinances. Tenants need help to be able to stay in their homes and property owners do not live in Pomona.
She urged the council to take action now.
Arleen Alonso spoke about the study sessions that took place to gather community input and the concerns raised at these sessions regarding rent increases. She urged the council to put tenant protections in place now.
The Mayor closed the Public Hearing.
Councilmembers asked questions and made comments regarding this item.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-26 with the amendment of an immediate feasibility study and implementation within 18 months to implement rent stabilization measures.
20. Public Hearing Regarding the Vacation of a Public Alley Located North of Mission Boulevard, Between Linden and Palomares Street, Vacation No. V-318, and Adoption of a Resolution Ordering Vacation No. V-318 (Council District 2) It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the vacation of the public alley located north of Mission Boulevard, between Linden Street and Palomares Street, within Block 71 of Pomona Tract, in the City of Pomona, County of Los Angeles, State of California, recorded in Book 3, pages 90 and 91 et seq. of Miscellaneous Maps, in the Office of County Recorder of said County, Vacation No. V-318, to consider evidence presented pursuant to Sections 8324 of California Streets and Highways Codes; and
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2) Upon receiving public comment and testimony and finding that the alley to be vacated is unnecessary for present or future public alley use, conclude the public hearing and adopt the following resolution:
RESOLUTION NO. 2022-19 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA ORDERING THE VACATION OF A
PUBLIC ALLEY LOCATED NORTH OF MISSION BOULEVARD, BETWEEN LINDEN STREET AND PALOMARES STREET, VACATION NO. V-318
Public Works Director Rene Guerrero gave the staff presentation.
The Mayor opened the Public Hearing and with no public comments, the Mayor closed the Public Hearing.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to adopt Resolution No. 2022-19.
21. City Council Consideration of Introduction and Adoption of Urgency Ordinance No. 4310, Rescinding Urgency Ordinance No. 4306, which originally established the SB 330 Overlay District, as well as Introduction and Adoption of Urgency Ordinance No. 4311, Re-Establishing the SB 330 Overlay District
It is recommended that the City Council introduce and adopt the following urgency ordinances:
URGENCY ORDINANCE NO. 4310 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING IN ITS ENTIRETY URGENCY ORDINANCE NO. 4306 WHICH ESTABLISHED THE SB 330 OVERLAY DISTRICT, FINDING THE ACTION EXEMPT FROM CEQA URGENCY ORDINANCE NO. 4311 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RE-ESTABLISHING THE SB 330 OVERLAY DISTRICT, FINDING THE ACTION EXEMPT FROM CEQA Senior Planner Vinny Tam gave the staff presentation.
The Mayor opened the Public Hearing and with no public comments, the Mayor closed the Public Hearing.
Councilmember Lustro asked questions and made comments regarding this item.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to adopt Urgency Ordinance No. 4310 and Urgency Ordinance No. 4311.
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ADJOURNMENT
The City Council Meeting adjourned at 10:52 p.m. on February 7, 2022.
Respectfully submitted, ATTEST:
2071
ROSAL BUTLE 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
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FEBRUARY 7, 2022 REGULAR CITY COUNCIL MEETING
PUBLIC COMMENTS
PUBLIC PARTICIPATION
JENNIFER WARD-BATTS - As a Pomona business owner, I am dismayed by the city's lack of enforcement of the street vendor program, which is unenforceable by design.
Street vendors set up on sidewalks violating rules set forth for them, free-riding on parking spaces that property owners and businesses are required to have and pay to maintain, and not paying sales tax, rents, insurance, or permit fees. This is not good for legitimate business. It will lead to bricks and mortar businesses becoming more reluctant to locate here. Both residential and commercial property values will then decline over time. A lot of long-standing local restaurants close early because of un-permitted vendors taking their business. This reduces sales tax revenue for the city since many (probably most) street vendors pay no taxes. I've asked several vendors; none has produced a city permit or health department permit. It is obvious that neither the city nor the health department has resources to enforce these rules. If you have no intention to give speeding tickets, it is pointless to post a speed limit. It is pointless to have rules you cannot, or have no intention to, enforce. If you cannot enforce them, then abolish the street vendor program.
JEFFREY W. ROWAN - Reeves Family Properties, LLC owns the shopping center at the SWC of Gary Avenue and Willow Street. Our tenant's are CVS pharmacy, Smart & Final Stores, Mito's Restaurant and Y-Z Medical Supplies. Recently our shopping center was negatively impacted by a non-licensed medical Street Vendor posing as a Covid-19 Testing pop-up directly in front of CVS pharmacy. I sent an email to Mayor Sandoval and Councilmen Torres dated January 20, 2022 addressing this situation specifically and as of yet we have received no response to our concerns. Yesterday evening, Angel's Tijuana Tacos was set up on Willow Street sidewalk directly in front of CVS pharmacy. Their customers felt entitled to park in our parking which is legally posted as private property.
This morning, I found out that this was just one of eleven mega-cooking operations which were being operated during non-city business hours without permits, city insurance, copy of the food handler's card,.... These vendors are circumventing the Street Vendor Ordinance and the Police have no ability to enforce anything! In turn, property owners are left with repairing broken irrigation lines, replacing trampled landscaping and cleaning up trash left behind by these customers. Property owners are also being exposed to the liability of having unauthorized activities spill onto our property. We need your help in reviewing and updating the Street Vendor Ordinance. I am available to discuss with you and your staff our concerns, I can be reached at 719-330-6115.
ELIZABETH EBINER - Dear Council Members,
With Pomona slated to receive tens of millions of dollars from the federal government through the ARP, it is important to share with Pomona residents the City's plan for the use of this money. In recent weeks, neighboring cities have been publicizing their chosen use for the money. How will Pomona be spending this money? CONSENT CALENDAR ITEM NO. 4 (Adopt a Resolution Amending the Fiscal Year 2021-22 Operating Budget by Appropriating $49,710 from the Safe Clean Water Program (Measure W) Fund to the State Gas Tax RMRA Fund) JOHN MENDOZA - Opposed using Measure W Funds for street and tree repairs.
Measure W a parcel tax intended for approved storm water capture projects. General funds from the Sales tax increase revenue should be used.
PUBLIC HEARING ITEM NO. 19 (Public Hearing to Consider Adoption of "Pro Housing Pomona," the City's Update to the Housing Element of the Pomona General Plan for the Sixth Cycle, 2021-2029 (General Plan Amendment 17271-2021)) JAYRA CERVERA - We're glad that the Housing Element reflects the concerns of tenants who showed up to study sessions and community meetings, and our need for long-term protections. Our concern is that it calls for a study that will take three years to implement before making any policy changes, when our community is being evicted, displaced, and make homeless as we speak. As an undocumented mother with little support available to me, I am hoping that the city of Pomona acts on behalf of the community that are directly impacted by the housing inequity that is becoming rampant.
As public servants, it is your duty to make sure that no child in Pomona have to see their home taken away. Thank you for your time.
NATALY BAUTISTA - Hello Pomona City Council
My name is Nataly Bautista and | am an organizer with the Pomona Economic Opportunity Center. We're glad that the Housing Element reflects the concerns of the tenants who showed up to study sessions and community meetings and our need for long-term protections. Our concern is that it calls for a study that will take three years to implement before making any policy changes, when our community is being evicted, displaced, and made homeless as we speak. Please consider this as you decided to move forward.
EVELIA ROCHA - Good evening, Pomona City Council members, Mayor Sandoval.
My name is Evelia Rocha. I live in District 4. I am a Pomona United for Stable Housing (PUSH) member. We are glad that the Housing Element reflects the concerns of tenants who showed up to study sessions and community meetings and our need for long-term protections. Our concern is that it calls for a study that will take three years to implement before making any policy changes, when our community is being evicted, displaced, and homelessness as we speak. Please reconsider, three years is a long time, the wait for this study will have detrimental effect on tenants/community.
DEBRA MENDEZ - We're glad that the Housing Element reflects the concerns of the tenants who showed up to study sessions and community meetings and our need for long-term protections. Our concern is that it calls for a study that will take three years to implement before making any policy changes, when our community is being evicted, displaced, and made homeless as we speak. Please consider this as you decided to move forward.
ADRIAN QUINTANAR - I am happy to hear that the Housing Element reflects the concerns of tenets who showed up to study sessions and community meetings and the need for long-term housing protections. My concern is that it calls for a study for a study that will take three years to implement before making any real policy changes, while the community is being evicted, displaced and made homeless as we speak. As a lifelong and third generation resident of Pomona, I am concerned now more than ever that more is actively being done to discard the generations of families that have called Pomona home in favor of money interests and parties with no real connection to the city or area.
It's time for elected officials to finally act in favor of their constituency and not the suits that are eager to drive away the many families in favor for what is considered a more palatable demographic of "students, artists and scholars." As housing is a fundamental right, it is imperative that the investment in youth and families surviving in Pomona be given equal consideration by officials. As they are the future scholars, artists, etc you should keep in mind when making your decision.
KYLE BROWN - I speak tonight in support of the housing element. However, I do have concerns with "Policy 3.4: Shield Pomona households from displacement and rapid changes in affordability." This is the only policy where all proposed programs are in the "feasibility" phase. Both rent stabilization and local tenant protection are described as potential tools to be studied, rather than necessary to achieve this policy. Initiating a study is easy language to put into a plan. It allows you to feel like you're doing something, while delaying a tough decision. Maybe you hold out hope that some market study will tell you how to satisfy all parties, and perfectly predict the future. It won't. Many of you have spoken about the need for this policy, and if you thought there was another tool to achieve it, we would see it proposed for study alongside rent stabilization. But there isn't.
What is needed is a decision to proactively move forward with a commitment to this policy, and the development of specific rent stabilization language, that can be brought forward, discussed and debated. The timeline proposed prevents such a discussion for at least two years. How many families will be displaced in that time? JULIAN LUCAS - Good evening Mayor and Pomona City Council. I am writing to you this evening to express my concern about the new housing element being implemented this evening. Three years for a study is far too long when people are being displaced due to the high cost of rent. Is this all in the plan of erasure? The community has expressed concerns about displacement and gentrification time and time again and tenants can't wait on a three year study. Local rent stabilization needs to be enacted immediately.
Thank you for your time.
ELANA EDEN - The Housing Rights Center (HRC) is the qualified fair housing services provider historically contracted with the City of Pomona to provide free counseling, education, discrimination investigation, and legal enforcement to Pomona tenants and landlords. HRC urges the City to continue public funding for fair housing services with a qualified fair housing provider. Fair housing programs contribute to homelessness prevention by preventing avoidable, discriminatory or illegal evictions, as well as to equity and accessibility by increasing housing opportunities available to people with disabilities, female heads of household, people of color, low-income residents, voucher holders, and many others who routinely experience discrimination or exclusion in the housing market. An active, comprehensive and sufficiently funded fair housing program within the community is crucial to ensuring that tenants are protected, while also providing landlords with a viable and free resource to get their questions answered. We hope the City will continue to prioritize and fund fair housing services as a core initiative in its overall housing and community development strategy.
(Comment above not read during Public Hearing due to member of the public giving a verbal comment on the same subject during Public Participation.) Note: Comment incorporated into meeting minutes as submitted and received by the City Clerk's Office.