COMON, City of Pomona 505S. Garey Ave
Pomona, CA 91766
CORPORATED LAN TORE Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Mayor Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
ouncilmember Steve Lustro
ice 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.
Monday, April 4, 2022 7:00 PM Teleconference via Zoom
CLOSED SESSION
5:30 P.M. Teleconference via Zoom, closed to the public- No Closed Session items
A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Julian Shelby Bryant, a minor, By and Through His Guardian Ad Litem, Rochelle Bryant and Jerry Bryant vs. City of Pomona; and Foothill Transit and DOES 1 to 20; City of Pomona vs. James Edward Reed, Jr. Foothill Transit; and ROES 1 through 20, Inclusive
Superior Court Case No. 19STCV46308
B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Chino Basin Municipal Water District vs. City of Chino, et al.
San Bernardino County Superior Court Case No. RCVRS 51010
C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
City Council / Housing Authority / Meeting Minutes April 4, 2022 Successor Agency to the
Redevelopment Agency
Property: Palm Lake
(APN No's: 8343-016-013 & 8343-016-001)
Negotiating Parties: 1) Chino Development League
2) 1500 Phillips LLC
City's Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
D) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Part Time Unrepresented Employees
Part Time General Employees Unit
Unrepresented Group A and B Employees
Unrepresented Mid-Management Group C-2 Employees
Pomona City Employees' Association, a Chapter of Teamsters Local 1932 Pomona Mid-Management Confidential Employees Association (PMMCEA) Pomona Police Officers Association (PPOA)
Pomona Police Managers Association (PPMA)
Labor Negotiators: James Makshanoff and Linda Matthews
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
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STAFF PRESENT via Zoom
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
John DePolis, IT Director
Kirk Pelser, Deputy City Manager
Mark Gluba, Deputy City Manager
Mike Ellis, Police Chief
Linda Matthews, Human Resources Director
Rene Guerrero, Public Works Director
Arnold Dichosa, City Engineer
Andrew Mowbray, Finance Director
Anita Gutierrez, Development Services Director
Alina Barron, Planner
Ata Khan, Planning Manager
Chris Diggs, Water Resources Director
Benita DeFrank, Neighborhood Services Director
Mike Osoff, Community Services Manager
Daniel Lucinian, IT Systems Technician
Hilda Estrada, contracted by the City, provided translation services via Zoom.
PRESENTATIONS
*Proclamation Proclaiming April 2022 as "Acts of Kindness Month" in the City of Pomona Councilmember Lustro and Mayor Sandoval read the proclamation.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Lustro reminded District 5 and 1 residents that Saturday April 9 is the community clean up date at Pomona Valley Transfer Station. He thanked volunteers for helping at a recent tree planting in Phillips Ranch.
Councilmember Preciado thanked those that participated in the District 2 and 3 community clean up. He stated that Pomona residents could dispose of tires at Pacific Tire Shop. He thanked the Chamber of Commerce and DPA for putting on the Promenade Festival. He spoke about the next Community Pull-Up Event at a mobile home park on 9th Street.
Councilmember Ontiveros-Cole said that this month is Distracted Driving Awareness month and reminded everyone to drive safe. She spoke about upcoming Easter Egg Hunts at Garfield, Philadelphia, Kennedy, and Westmont Parks. She expressed condolences to the families of the recent Sacramento shooting.
Councilmember Nolte attended the grand opening of the class 4 bike lane and expressed support for all efforts to make Pomona more bike friendly. He expressed hope for Ganesha City of Pomona Page 3
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Park to be connected to Cal Poly Pomona along San Jose Creek.
Councilmember Garcia said that April is Sexual Assault Awareness Month and Project Sister will be at a few upcoming community events to speak on that. She said that the Pomona Library will have an Easter Egg Hunt on April 13.
Mayor Sandoval visited St Joseph's Catholic Elementary. He attended an event hosted by Way World Outreach at the Civic Center. He spoke about the LA District Attorney and several public prosecutor's offices establishing a pilot program to aid human trafficking victims. He announced that Pomona Beautiful will meet on Center Street to pick up trash at the Transit Center.
CITY MANAGER COMMUNICATIONS
City Manager James Makshanoff announced this week is Fine Forgiveness at the Pomona Library. He advertised the Pomona Library's Easter Event on April 13. The planning division has a call for visual art to be displayed in the City. Coffee with a Cop with be at Farmer Boys on April 6.
PUBLIC PARTICIPATION
Public Participation - In response to the global COVID-19 pandemic and in accordance with City Council Resolution No. 2022-56 adopted March 21, 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 FOURTEEN (14) EMAIL COMMENTS READ DURING PUBLIC PARTICIPATION.
Live comments were as follows:
Eunice Russell expressed her concerns about the Independent Redistricting Commission and the adoption of the new map for districts in Pomona.
Frank Guzman from the Pomona Pride Center spoke about a grant they have been awarded from the California Department of Education. They have moved into a new location in downtown Pomona and invited the council to visit. He invited the community to upcoming events like a Youth Empowerment Summit.
Don Martens from Compassionate Pomona spoke about a book called The Rabbit Effect by Dr. Kelli Harding and shared what he learned about compassion for others and how compassion affects your overall health. He shared that Compassionate Pomona and the City of Pomona Page 4
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Pomona Library Foundation will be doing a study on this book.
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.
Jason Scott expressed his belief that his family is being unfairly targeted by the code enforcement department regarding a pop up trailer parked in his driveway. He believes the code used to fine them is not being applied evenly or fairly.
Paige Piontkowsy from the Pomona Pride Center spoke about the upcoming Youth Empowerment Summit at the Village Conference Center on April 9.
Martin Perez asked about the Hamilton Park construction. He said that the community needs more advance notice for the meetings for the parks master plan. He also said water faucets at the park need repair or replacement.
M Joyce Bakersmith expressed her belief that a council meeting should not be held at 3 p.m. as it is scheduled on April 6.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the entire Consent Calendar except for Item No. 8, 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:
March 21, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the meeting minutes of March 21, 2022.
2. Adopt a Resolution Amending the FY 2021-22 Capital Improvement Program (CIP) Budget By Reappropriating $40,000 of Measure R Funds and $122,427 of Series "BI (AX/AI)" Bond Proceeds Funds; Award of Construction Contract to Gentry Brothers, Inc. In the Amount of $2,335,606
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
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RESOLUTION NO. 2022-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND
UNAPPROPRIATING $40,000 OF MEASURE R FUNDS AND $122,427 OF SERIES "BI (AX/AI)" BOND PROCEEDS FUNDS FROM "STREET
IMPROVEMENTS - DISTRICT 5," PROJECT NO. 428-2590-XXXXX-71045, THEREBY CLOSING THE PROJECT, AND APPROPRIATING $40,000 OF MEASURE R FUNDS AND $122,427 OF SERIES "BI (AX/AI)" BOND PROCEEDS FUNDS TO "STREET PRESERVATION - LOCAL (FY 21-22)," PROJECT NO. 428-2590-XXXXX-68572
2) Award a construction contract to Gentry Brothers, Inc. for "Street Preservation - Local (FY 21-22)," Project No. 428-2590-XXXXX-68572 (All Base Bids and Additive Alternates) in the amount of $2,335,606; and
3) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and 4) Authorize the City Manager, or designee, to execute the construction contract, as well as all related documents (permits, etc.).
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-57; award a construction contract to Gentry Brothers, Inc. for "Street Preservation - Local (FY 21-22)," Project No. 428-2590-XXXXX-68572 (All Base Bids and Additive Alternates) in the amount of $2,335,606; and find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and authorize the City Manager, or designee, to execute the construction contract, as well as all related documents (permits, etc.)
3. Approval of Amended Overhead Street Banner and Park Banner Regulations It is recommended that the City Council approve the amended Overhead Street Banner and Park Banner Regulations
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the amended Overhead Street Banner and Park Banner Regulations.
4. Authorize the Submittal of a Tri-City Mental Health Services Community Wellbeing Grant Application
It is recommended that the City Council authorize staff to submit a Community City of Pomona Page 6
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Wellbeing Grant application through Tri-City Mental Health Services.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to authorize staff to submit a Community Wellbeing Grant application through Tri-City Mental Health Services.
5. Adopt a Resolution Amending the FY 2021-22 Operating Budget for the Senior Citizen Nutrition Grant Fund and Accept Funds from LA County Elderly Nutrition Grant Program in the Amount of $172,941
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22
OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS BY $172,941 AND ACCEPT FUNDS FROM THE LOS
ANGELES COUNTY ELDERLY NUTRITION GRANT PROGRAM IN THE
AMOUNT OF $172,941
2) Authorize the City Manager, or designee, to execute the amendment following review by the City Attorney.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-54.
6. Approval of Tract Map TM No. 74367 for the Property Located at 1198-1236 S. San Antonio Avenue, Pomona, CA, Assessor Parcel Numbers 8327-005-007 and -008, Related to the Subdivision and Development of a 14-Unit Residential Condominium Project (Council District 3)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 74367 FOR THE PROPERTY LOCATED AT 1198-1236 S. SAN ANTONIO AVENUE, ASSESSOR PARCEL NUMBERS 8327-005-007 AND -008
2) Authorize the City Engineer to sign the Tract Map TM No. 74367 on behalf of the City.
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MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-61.
7. Approval of Summary Vacation VU2-2021 of the City's Unused Sewer Easement Located within Block 83 of the Pomona Tract M.R. 03/90-91, Assessor Parcel Number 8341-010-050, Related to the Residential Development at 508 W. Mission Boulevard, Pomona, CA, and Approval of Quitclaim Deed for the Vacated Easement (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022-62 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY
VACATION VU2-2021 OF THE CITY'S UNUSED SEWER EASEMENT WITHIN BLOCK 83 OF THE POMONA TRACT M.R. 03/90-91, FOR THE PROPERTY LOCATED AT 508 W. MISSION BOULEVARD, ASSESSOR PARCEL NUMBER 8341-010-050, AND APPROVING QUITCLAIM DEED FOR THE VACATED
EASEMENT
2) Authorize the City Manager to execute the quitclaim deeds on behalf of the City.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2022-62.
Consideration of a Finding of Public Convenience or Necessity (PCN) for an Off-Sale Beer & Wine License in Conjunction with a Convenience Market Located at 269 North Park Avenue.
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-64 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING A REQUEST FOR A FINDING OF
PUBLIC CONVENIENCE AND NECESSITY AS REQUIRED FOR AN OFF-SALE BEER AND WINE LICENSE (TYPE 20) IN CONJUNCTION WITH A
CONVENIENCE MARKET LOCATED 269 N. PARK AVENUE
This item was pulled for discussion by Councilmember Nolte.
Development Service Director Anita Gutierrez explained that this item is related to the public hearing item and council could choose to hear this item after the public hearing.
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The Mayor moved this item to be heard after Public Hearing Item 11. (After Item 11) Planner Alina Barron gave the staff presentation for this item.
Applicant Maritza Osorio thanked the council for their consideration.
Councilmembers asked questions and made comments regarding this item.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-1 (COUNCILMEMBER ONTIVEROS-COLE IN OPPOSITION), to adopt Resolution No. 2022-64.
DISCUSSION
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 Victory Outreach Church of Pomona support of their Easter Community Outreach - Requested Amount: $1,000 B) Amount to be determined to Eagles Lodge support of their Easter Egg Hunt - Requested Amount: TBD
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0, to make a finding of public benefit for Item A-B.
10. Introduction and First Reading of an Ordinance Amending Article XII of the Pomona City Code Pertaining to Yard Sales
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4313 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, AMENDING SECTION XII OF THE POMONA CITY
CODE PERTAINING TO YARD SALES
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to introduce on first reading Ordinance No. 4313.
PUBLIC HEARINGS
11. Introduction and First Reading of an Ordinance Adopting a Specific Plan Amendment (SPA 16021-2021)
It is recommended that the City Council open the public hearing and after receiving testimony and public comment close the public hearing, introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4314 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA APPROVING A SPECIFIC PLAN AMENDMENT (SPA 16021-2021) AMENDING SECTION 2.3.2, TABLE 2-5 LAND USE MATRIX OF THE
DOWNTOWN POMONA SPECIFIC PLAN TO ALLOW CONVENIENCE MARKETS
BY-RIGHT AND ALCOHOL SALES (ON-SALE) AND ALCOHOL SALES
(OFF-SALE) BY CONDITIONAL USE PERMIT WITHIN THE RESIDENTIAL
MULTI-FAMILY DISTRICT
Planner Alina Barron gave the staff presentation.
Development Services Director Anita explained what approval of this item would mean.
The Mayor opened the Public Hearing and with no public comments, the Mayor closed the Public Hearing.
Councilmembers asked questions and made comments regarding this item.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0, to introduce on first reading Ordinance No. 4314.
ADJOURNMENT
The City Council Meeting adjourned at 9:44 p.m. on April 4, 2022.
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
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