CLOSED SESSION
5:30 P.M. City Council Conference Room
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: (APN No’s: 8343-016-013, 8343-016-001 & 8343-017-900) Negotiating Parties: City of Pomona Successor Agency to the Redevelopment Agency – Kirk Pelser
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
B) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Pursuant to Government Code Section 54956.9 (d)(1))
Edil Vasquez and Steve Congalton v. City of Pomona
L.A. County Superior Court; Case No. 20STCV15371
Chad Jensen and Michael Neaderbaomer v. City of Pomona
L.A. County Superior Court; Case No. 20STCV17625
7:00 P.M. Council Chambers
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:02 p.m. 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 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, May 2, 2022 Council Chambers
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 2
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action from Closed Session.
PLEDGE OF ALLEGIANCE
Councilmember Garcia led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Vice Mayor Robert Torres
Absent: Councilmember John Nolte
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Alison Glynn, Deputy City Clerk
Hilda Estrada, contracted by the City, provided translation services.
PRESENTATIONS
*Proclamation Proclaiming May 2022 as “Historic Preservation Month” in the City of Pomona
Geoffrey Starns, Historic Preservation Supervisor, gave a presentation.
Mayor Sandoval invited members of the public i nvolved in historic preservation up to the podium for the recognition.
Mayor Sandoval and members of City Council read the proclamation.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Garcia spoke on ille gal dumping and trees that needed attention and identified certain areas for Public Works Director Rene Guerrero to look into. She urged the public to take advantage of the six free bulky item s pickups a year offered by the City. She said she was able to h elp with cleanup and planting at the Soroptimist’s Redwood Grove and said she was glad to see that arbor being revitalized. She thanked the Mayor for City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 3
inviting Council to come celebrate the 1.3 million dollars that former Senator Connie Levya brought to the City. She thanked the Senator and was happy that $280,000 of the money was awarded to the Pomona Public Library. She urged everyone to attend the ann ual Mayor’s Gala put on by the Pomona Public Library Foundation on June 9 and spoke on the Zorro event happening May 4 at the library. She wished all educators a Happy Teacher Appreciation Day and thanked them for all of their hard work.
Councilmember Ontiveros-Cole attended the District 4 Lieutenant Commander community meeting at Garfield Community Center and thanked Lieutenant Terrell and his team for their participation in the event. She said she attended the Tea for the Soul Optimist Club event and the Mother’s Day Luncheon at the Eagles Lodge. She spoke about the Pomona Valley Vietnamese Community event she attended and praised Dr. Vo for his contributions to the community. She urged everyone to attend an upcoming grand opening and ribbon cutting ceremony for Carlisle Essentials Liquidation Store put on by the Pomona Ch amber of Commerce.
Councilmember Preciado also thanked City Commissioners for their hard work and thanked the Three Rivers director Danielle Soto for attending the meeting. He thanked the City of Pomona for attending the Just Us 4 Youth job fair. He encouraged the community to take advantage of Pomona Day at the L.A. County Fair. He talked about the Dia del Nine event at MLK Park he hosted with Latino/a Roundtable and Day One Pomona . He said he was looking forward to working with the Public Works department and the community on updating the park.
Councilmember Nolte spoke about his recent experience with COVID -19 and encouraged everyone to stay home if feeling ill to protect others. He said he attended the Pomona Concert Band 75th Anniversary Diamond Jubilee concert at Ganesha Park and praised the band for its performance . He said he attended a meeting about the Fairplex specific plan and encouraged everyone to pay attention and provide input throughout the planning process.
Councilmember Lustro thanked Councilmember Preciado and Project Hope California for bringing the Community Pull up event to District 5 and encouraged everyone to come out to Westmont Park Community Center for the event.
Mayor Sandoval spoke on the Pomona Fair Day and encouraged the community to take advantage of the one -dollar tickets. He urged everyone to attend t he City staff meet and greet event in the Civic Center on May 7 and thanked staff for holding the event.
CITY MANAGER COMMUNICATIONS
City Manager James Makshanoff let everyone know the drive through COVID testing would be moved to Palomares Park during the L.A. County Fair . He announced the upcoming Council budget study session in May and June d rought report. He said that staff would be recommending the City to go to Stage 2 water conservation and encouraged residents to be mindful of water consumption and usage.
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 4
PUBLIC PARTICIPATION
** PLEASE SEE ATTACHMENT FOR ONE (1) EMAIL COMMENT READ DURING PUBLIC PARTICIPATION.
Live comments were as follows:
Deborah Clifford spoke on the history of the former Pomona Airport.
Darrell Kruse spoke about his concern with the process on how cannab is 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.
Armando Guerrero spoke on the code regulating RV parking in private driveways and said he felt it should be revisited. He said his RV ha d helped his family cope with the stressors of the pandemic by allowing them to travel and camp.
John Clifford invited everyone to a special event on June 18, 2022 at the Phillips Mansion put on by the Historical Society of Pomona. He said it would give the public a great opportunity to see the historic mansion and other historic items, as well as to meet new state Senator Susan and Rubio and Assemblyman Freddie Rodriguez.
Diane Guerrero spoke against the code regulating RV parking and urged the Council to revisit the code.
Don Martens from Compassionate Pomona spoke about a book called The Rabbit Effect by Dr. Kelli Harding and shared how kindness and c ompassion in the workplace play a critical role in your health. He shared that Compassionate Pomona and the Pomona Library Foundation will be doing a study on this book.
Lisa Engdahl of Clean & Green P omona proposed a one -year moratorium on warehouses due environmental and safety issues.
Damiana Aldana, Vice President of Clean & Green Pomona, urged Council to impose a one-year moratorium on warehouse construction. She spoke on the environmental impac t and safety issues caused by warehouses, and pointed out that the City needs jobs and housing, not more warehouses.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to approve the entire Consent Calendar except for Item No. 2, which was voted on in a separate motion.
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 5
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:
April 18, 2022 Special Meeting Minutes
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to approve the meeting minutes of April 18, 2022.
2. Creation of the Preserve Pomona Awards for Historic Preservation It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -82 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE PRESERVE POMONA
AWARDS PROGRAM FOR HISTORIC PRESERVATION
This item was pulled by Mayor Sandoval for further discussion and questions to staff.
Councilmember Lustro voiced his appreciation for this resolution.
Mayor Sandoval suggested also honoring residents who do an amazing job of upkeeping their property in historic districts even if the property is not designated.
Councilmember Ontiveros -Cole said she appreciated this project and that she was also happy to see the stables project moving forward.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER ONTIVEROS- COLE, CARRIED 7-0 to adopt Resolution No. 2022-82.
3. Approve Amendment No. 1 with Pinnacle Environmental Technologies for the “Underground Storage Tanks” Project
It is recommended that the City Council take the following actions:
1) Approve Amendment No. 1 to the purchase order #203250 with Pinnacle Environmental Technologies in the amount of $18,054, (for a total of $72,879 for professional services to abandon and install new monitoring wells for Brackett Field Pomona police Heliport), for the CIP Project “Underground Storage Tanks - Work and Removal Plans,” Project No. 428-2590-XXXXX-71061; and
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 6
2) Authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 1.
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to a pprove Amendment No. 1 to the purch ase order #203250 with Pinnacle Environmental Technologies in the amount of $18,0 54, (for a total of $72,879 for professional services to abandon and install new monitoring wells for Brackett Field Pomona police Heliport ), for the CIP Project “Underground Storage Tanks - Work and Removal Plans,” Project No. 428 -2590-XXXXX-71061; and authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 1.
4. Award of Construction Contract to R.E. Schultz Construction, Inc. for “Park Improvements - ADA Accessibility Rubberized Playground Surfacing Replacement” and Adopt a Resolution Appropriating $108,000 of General Fund Reserves It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -76 - A RESOLUTION OF THE CITY COUNCIL OF POMONA, CALIFORNIA, AMENDING THE FY 2021 -22 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $108,000 OF GENERAL FUND RESERVES TO “ PARK IMPROVEMENTS - ADA
ACCESSIBILITY RUBBERIZED PLAYGROUND SURFACING
REPLACEMENT,” PROJECT NO. 428-2590-XXXXX-71074
2) Award a construction contract to R. E. Schultz Construction, Inc. for “Park Improvements - ADA Accessibility Rubberized Playground S urfacing Replacement,” Project No. 428-2590-XXXXX-71074 in the amount of $309,040; 3) Authorize the City Manager, or designee, to execute the construction contract as well as all related documents (permits, etc.).
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7 -0, to adopt Resolution No. 2022 -76; award a construction contract to R. E. Schultz Construction, Inc. for “Park Improvements – ADA Accessibility Rubberized Surfacing Replacement,” Project No. 428-2590-XXXXX-71074 in the amount of $309,040; and authorize the City Manager, or designee, to execute the construction contract, as well as all related documents (permits, etc.)
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 7
5. Resolution Amending the Schedule for Conduction Citywide Yard Sales It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2022 -52 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ESTABLISHING THE SCHEDULE FOR
CONDUCTING YARD SALES
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to adopt Resolution No. 2022-52.
6. Approval of Tract Map TM No. 82522 for the Property Located at 1626 -1630 W.
Mission Boulevard, Pomona, CA, Assessor Parcel Numbers 8349 -002-047, -048, and 8349-003-057, Including the Vacation of a Portion of a Public Alley, Related to the Subdivision and Development of a 24 -Unit Residential Condominium Project (Council District 5)
It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022 -80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 82522 FOR THE PROPERTY LOCATED AT 1626 -1630 W. MISSION
BOULEVARD, INCLUDING THE VACATION OF A PORTION OF A PUBLIC ALLEY ASSESSOR PARCEL NUMBERS 8349 -002-047, -048, AND 8349-003-057
2) Authorize the City Engineer to sign the Tract Map TM No. 82522 on behalf of the City.
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to adopt Resolution No. 2022-80.
7. Adoption of Resolutions Accepting the Donation of One (1) New Police Facility K -9 from Canine Companions and Authorizing a Side Letter Agreement with Teamsters Local 1932 Regarding Canine Handling Compensation
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2022 -81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE DONATION OF ONE (1) NEW POLICE FACILITY K -9 IN AN IN -KIND AMOUNT OF $50,000 FROM
CANINE COMPANIONS
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 8
RESOLUTION NO. 2022 -83 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING A SIDE LETTER AGREEMENT TO THE 2021-2023 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA CITY EMP LOYEES’ CHAPTER OF THE TEAMSTERS LOCAL 1932 IMPLEMENTING CANINE PAY PROVISIONS
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to adopt Resolutions No. 2022-81 & 2022-83.
8. Approve Amendment No. 2 to the Agreement with the Middle Santa Ana River Total Maximum Daily Load Task Force
It is recommended that the City Council take the following actions:
1) Approve Amendment No. 2 to the agreement with the Middle Santa Ana River Total Maximum Daily Load; and
2) Authorize the City Manager to execute the amendment on behalf of the City, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 7-0, to approve Amendment No. 2 to the agreement with the Middle Santa Ana River Total Maximum Daily Load; and authorize the City Manager to execute the amendment on behalf of the City, subject to review by the Ci ty Attorney.
DISCUSSION CALENDAR
9. 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 Just Us 4 Youth in support Young Women’ s Becoming Conference – Requested Amount: $2,500
B) Amount to be determined to Pomona Public Works Department in support of the preferential parking permit: TBD
C) Amount to be determined to Jacqueline Elizalde in support of Plantitas:
Requested Amount: $1,100
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 9
D) Amount to be determined to Nogales Soldiers & Pomona African American Museum in support of Juneteenth Celebration: Requested Amount: $2,000
E) Amount to be determined Kennedy Austin Foundation in support of their 16th Annual Million Mothers March: Requested Amount: $3,000
F) Amount to be determined Pomona Memorial Park in support of their 149th Memorial Day Celebration: Requested Amount: $1,275
G) Amount to be determined to Pomona Natives in support of Youth Football Teams: Requested Amount: $3,000
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to make a finding of public benefit for Item A-G.
10. Introduction of an Ordinance Amending the Pomona City Code to Add “Large-Vehicle Parking Regulations” to Chapter 58 of the Code It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4315 - AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58, ARTICLE V, OF THE POMONA CITY CODE TO ADD DIVISION 2.5 “LARGE-VEHICLE PARKING REGULATIONS” Lieutenant Ryan Rodriguez of the Pomona Police Department gave a presenta tion on the item.
Councilmembers asked questions and made comments regarding this item.
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to introduce on first reading Ordinance No. 4315.
PUBLIC HEARINGS
11. Public Hearing Introducing an Ordinance Enacting a Military Equipment Use Policy as Required by Assembly Bill 481
It is recommended that the City Council take the following actions:
1) Conduct public hearing and receive public testimony; and 2) Introduce, waive further and give first reading to the following ordinance:
City Council / Housing Authority / Meeting Minutes May 2, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 10
ORDINANCE NO. 4316 - AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 (“EMERGENCY MANAGEMENT
AND EMERGENCY SERVICES”) OF THE CITY OF POMONA CITY CODE BY ADDING DIVISION 5 (“MILITARY EQUIPMENT USE POLICY”) TO ARTICLE IV (“POLICE DEPARTMENT”), GOVERNING THE USE OF MILITARY
EQUIPMENT BY THE POMONA POLICE DEPARTMENT
Lieutenant Steve Congalton of the Pomona Police Department gave a presentation on the item.
The Mayor opened the Public Hearing.
** PLEASE SEE ATTACHMENT FOR ONE (1) EMAIL COMMENT READ DURING PUBLIC PARTICIPATION.
There were no live comments.
The Mayor closed the Public Hearing.
Councilmember Nolte asked if the verbiage in the ordinance could be changed to reflect some of the language included in Assembly Bill 481.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER ONTIVEROS- COLE, CARRIED 7-0 to introduce on first reading, with the amendment of adding the language directly from Assembly Bill 481, Ordinance No. 4316.
ADJOURNMENT
The City Council Meeting adjourned at 9:20 p.m. on May 2, 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
MAY 2, 2022 REGULAR CITY COUNCIL MEETING
PUBLIC COMMENTS
PUBLIC PARTICIPATION
HANK FUNG – Dear honorable Mayor and City Council, the killing of a young man on the street adjacent to the Pomona Transit Center on Friday night raises serious questions about security for bus riders. I recently was at the Transit Center on a Saturday night and saw no visible security presence. Fortunately there was no issue but the population present was almost all men. I hesitate to ask my mother to transfer to a bus the re in an out of the way environment. I urge the city to look into hiring security presence there 24/7 as I do see guards there during the daylight hours. But they are very much needed at night to provide safety for Silver Streak riders and transferring customers. Thank you.
PUBLIC HEARING ITEM NO. 11 (Public Hearing Introducing an Ordinance Enacting a Military Equipment Use Policy as Required by Assembly Bill 481)
S. WELSH – On Feb. 28th 1997 at 9:30am I was driving north on the 101 freeway. I was just approaching the Victory Blvd exit and noticed several helicopters hovering just west of my location. I almost exited to see what was happening. I am glad I did not. Two professional bank robbers using Chinese made Kalashnikov and AR 15 fully automatic assault rifles and other military weapons, also wearing Russian army body armor had attempted to rob the North Hollywood branch of the Bank of America, and were engaged in a firefight with responding LAPD officers who were seriously outgunned. The police officers were armed with puny 9mm and .38 caliber revolvers up against the same weapons being used in the Ukraine today. Quick thinking officers raced to the nearby B&B gun store and borrowed AR 15 rifles and ammunition. This evened up the odds. The police were able to hold off the robbers until the arrival of LAPD SWAT officers who were similarly armed as the robbers and quickly ended the fight. Had police officers bee n armed with military weapons, the shootout would have been brief and the many civilians who were injured would have escaped being wounded. The robbers knew the police were not properly armed and took advantage of that fact.
Note: Comments incorporated into meeting minutes as submitted and received by the City Clerk’s Office.