CLOSED SESSION
5:30 P.M. City Council Conference Room
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: (Los Angeles County APN No’s: 867 -501-6800 & 867-502-1800; San Bernardino APN No.’s: 020-008-107 &
020-008-106)
Negotiating Parties: San Bernardino Valley Municipal Water District on behalf of City of Pomona
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 Vazquez and Steve Congalton v. City of Pomona
L.A. County Superior Court; Case No. 20STCV15371
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
Vice Mayor Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember 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, August 15, 2022 Council Chambers
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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 7:00 p.m.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Carvalho stated there was no reportable action from the two Closed Session Items.
PLEDGE OF ALLEGIANCE
Mayor Sandoval led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Vice Mayor Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Absent: Councilmember Robert Torres
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Hilda Estrada, contracted by the City, provided translation services.
PRESENTATIONS
*Presentation of MADD Law Enforcement Recognition Award Certificates The Mayor and Council helped present the Certificates with Rose Zapata, Program Coordinator for MADD to Officer Art Cruz, Officer Garrett De Long, and Officer Kelly Springford.
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MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Preciado reported that on August 22 there will be an Area C ommander meeting at Corky’s at 6pm.
Councilmember Lustro reminded the community about a household hazardous waste and E-waste collection event on August 20 at the Fariplex.
Councilmember Garcia wished everyone a happy start to a new school year. She spoke about Pomona Library Storytime every Wednesday.
Councilmember Nolte reported that on August 31 in the PUSD auditorium the Fairplex will be giving a presentation on their progress of their Specific Plan.
Mayor Sando val thanked staff involved in a resource event and thanked the Bloomberg Harvard Team for their commitment and hard work.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff reported that the Pomona Library is collaborating with the State Park System to give away free passes to State Parks. He reported that SoCal Gas is doing methane gas mapping work in the City. He reported that cooling centers are op en this week. He also asked the community to watch their water usage as it was reported to him that Pomona hasn’t seen a reduction in its water use.
PUBLIC PARTICIPATION
At the direction of the City Council Emergency Sub Committee, beginning with the Ju ly 18, 2022 Council meeting, emailed comments will no longer be read into the record during Council meetings. However, they will be included as part of the record/meeting minutes and names will be read into the record with respect to members of the public being in favor or in opposition of a particular agenda item.
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.
Gregory Estel expressed his concerns about the recently passed urgency ordinance regarding rent stabilization and questioned why councilmembers that have rental property interests did not recuse themselves from the vote like the City Manager did.
Yesenia M iranda-Meza thanked the council for passing the rent stabilization urgency ordinance as this helps the working class so much in Pomona. She said there was more work to be done. PUSH is still waiting to hear about the next steps since the Mayor City Council / Housing Authority / Meeting Minutes August 1, 2022 Successor Agency to the
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City of Pomona Page 4
indicated he would like a permanent ordinance to be in place in 60 days.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the Consent Calendar except for Item 2 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:
July 18, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the meeting minutes of July 18, 2022.
2. Award of Sole Source Agreement to Brightview Landscape Services, Inc. for Fuel Modification
It is recommended that the City Council take the following actions:
1) Approve a sole source professional services agreement with Brightview Landscape Services, Inc. in an annual amount of $159,504 for an initial three-year term, totaling $478,512 cumulatively, with two, opt ional one -year extensions; and
2) Authorize the City Manager to execute the agreement with Brightview Landscape Services, Inc. and any subsequent documents or amendments, subject to approval by the City Attorney.
This item was pulled by staff for clarification on the recommendation.
Public Works Director Rene Guerrero gave the clarification that the staff report recommendation is correct and not the recommendation on the agenda.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to ratify an emergency professional services agreement with Brightview Landscape Services, Inc. in an annual amount not to exceed $159,504 for a one-year term.
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3. Adopt a Resolution Authorizing the Execution of a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG) and Accept a $200,000 Homeless Grant Award
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -132 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA AUTHORIZING STAFF TO EXECUTE
THE MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS (SGVCOG) TO RECEIVE H OMELESS
PROGRAM GRANT AWARD TOTALING $200,000 IN MEASURE H FUNDING, AMENDING THE FY 2022 -23 OPERATION BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATING FUNDS IN THE SAME
AMOUNT
2) Authorize the City Manager to execute the memorandum of understand ing, any contracts and other documentation requested for acceptances and implementation of the grant awards, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution 2022-132.
4. Adoption of the Local Roadway Safety Plan (LRSP) It is recommended that the City Council adopt the Local Roadway Safety Plan (LRSP).
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to adopt the Local Roadway Safety Plan (LRSP).
5. Approve the Purchase of Body Worn Cameras from Motorola Solutions, Inc. in the Amount of $305,765
It is recommended that the City Council take the following actions:
1) Approve the purchase of body worn cameras from Motorola Solutions Inc.in the amount of $305,765
2) Establish Motorola Solutions, Inc. as the sole source provider of standard Police equipment for Fiscal Year 2022-23
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3) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the purchase of body worn cameras from Motorola Solutions Inc.in the amount of $305,765, establish Motorola Solutions, Inc. as the sole source provider of standard Police equipment for Fiscal Year 2022-23, and authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, subject to review and approval as to f orm by the City Attorney.
6. Approve an Award of Purchase for Service Weapon Ammunition to Dooley Enterprises, Inc.
It is recommended that the City Council take the following actions:
1) Approve a sole source purchase for service weapon ammunition to Dooley Enterprises, Inc., in the amount not to exceed $120,000 annually for a total of 3-years
2) Authorize the City Manager to execute the contract award and other documentation on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve a sole source purchase for service weapon ammunition to Dooley Enterprises, Inc., in the amount not to exceed $120,000 annually for a total of 3-years and authorize the City Manager to execute the contract award and other documentation on behalf of the City.
7. Ratify Emergency Procurement with Siemens Industry, Inc.
It is recommended that the City Council ratify the expenses for an emergency repair and purchase of the Police building air conditioner.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to ratify the expenses for an emergency repair and purchase of the Police building air conditioner.
8. Award of Bid to Trakka Usa, LLC And Rotocraft Support, Inc. in the Amount of $566,056 For Helicopter Equipment
It is recommended that the City Council take the following actions:
1) Award of bid to Trakka USA, LLC in the amount of $407,154 and Rotorcraft Support, Inc., in the amount of $158,902 for helicopter equipment for a total amount of $566,056; and
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2) Authorize the City Manager to execute an Agreement and any related documents on behalf of the City, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to award of bid to Trakka USA, LLC in the amount of $407,154 and Rotorcraft Support, Inc., in the amount of $158,902 for helicopter equipment for a total amount of $566,056; and authorize the City Manager to execute an Agree ment and any related documents on behalf of the City, subject to approval as to form by the City Attorney.
9. Resolution Amending the FY 2022 -23 Capital Improvement Program (CIP) Budget by Changing the Name of “Concrete Slab at Country Crossing Park” Proj ect No. 428-2590-XXXXX-71082 to “Concrete Slab at Phillips Ranch Park” It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY CHANGING THE NAME OF “CONCRETE SLAB AT COUNTRY CROSSING P ARK,” PROJECT NO.
428-2590-XXXXX-71082 TO “CONCRETE SLAB AT PHILLIPS RANCH PARK”
AND AMENDING THE PROJECT DESCRIPTION
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022 - 152.
10. Approve Amendment No. 2 to the Professional Services Agreement Stantec Consulting Services
It is recommended that the City Council take the following actions:
1) Approve Amendment No. 2 to an agreement with Stantec Consulting Services in an amount not to exceed $2,181,101.70 with an expiration date of June 30, 2023; and
2) Authorize the City Manager to execute Amendment No. 2 with Stantec on behalf of the City, subject to review and approval by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve Amendment No. 2 to an agreement with Stantec Consulting Services in an amount not to exceed $2,181,101.70 with an expiration date of June 30, 2023; and a uthorize the City Manager to execute Amendment No. 2 with Stantec on behalf of the City, subject to City Council / Housing Authority / Meeting Minutes August 1, 2022 Successor Agency to the
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review and approval by the City Attorney.
11. Approval of City Hall Closure during the 2022 Holiday Season and Adoption of a Resolution Rescheduling 2023 City Council Meeting Dates Due to Holiday Conflicts It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -154 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE CLOSURE OF CITY HALL DURING THE 2022 HOLIDAY SEASON AND CANCELLATION RESCHEDULING OF 2023 MEETING DATES DUE TO CONFLICTS WITH OBSERVED HOLIDAYS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022 - 154.
12. Approval of Tract Map TM NO. 82975 for the Property Located at 1440 -42 Murchison Avenue, Pomona, CA, Assessor Parcel Number 8358-035-066 Related to the Subdivision and Development of the Stratus Project, a Townhome Complex with 152 Units (Council District 1)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 82975 FOR THE PROPERTY LOCATED AT 1440 -42 MURCHISON AVENUE, ASSESSOR PARCEL NUMBER 8358-035-066
2) Authorize the City Engineer to sign the Tract Map TM No. 82 975 on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022 - 153.
13. Adoption of Resolutions to Add and Restructure Positions in the Library, Community Services and Water Resources
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2022 -149 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE
MEMORANDUM OF UNDERSTANDING WITH THE POMONA
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MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES’ ASSOCIATION TO
RECLASSIFY ONE (1) POSITION OF WATER TREATMENT AND QUALITY
CREW CHIEF TO WATER TREATMENT CREW CHIEF
RESOLUTION NO. 2022 -150 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING AUTHORIZED STAFFING LEVELS FOR THE FISCAL YEAR 2022 -23 OPERATING BUDGET RELATED TO
POSITIONS IN THE LIBRARY, NEIGHB ORHOOD SERVICES AND WATER
RESOURCES DEPARTMENTS
RESOLUTION NO. 2022 -151 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2022 -23 TO MEET THE CALIFORNIA CODE OF REGULATIONS T ITLE 2, SECTIONS 570.5 AND 571 TO REFLECT
THE ADDITION OF THE WATER TREATMENT CREW CHIEF CLASSIFICATION
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022 - 149, Resolution No. 2022-150, and Resolution No. 2022-151.
14. Approval and Presentation of Goddess Award to Community Member, Assemblymember Freddie Rodriguez
It is recommended that the City Council approve the Goddess Award to community member, Assemblymember Freddie Rodriguez for his dedication and continuous years of service to the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to approve the Goddess Award to community member Freddie Rodriguez for his dedication and continuous years of service to the City of Pomona.
15. Approval to Waive the City Pool Recreation Admission Fees for City Pools It is recommended that the City Council approve the waiver of the City pool recreation admission fees ($2.50 per person) for both Washington Park Pool and Ganesha Park Pool on August 20-21, 2022 and August 27-28, 2022.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the waiver of the City pool recreation admission fees ($2.50 per person) for both Washington Park Pool and Ganesha Park Pool on August 20-21, 2022 and August 27-28, 2022.
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DISCUSSION CALENDAR
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) rec ommended 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 Tradición Dance Company in support of Fiestas Patrias Pomona: Requested Amount: $5,000
B) Amount to be determined to City of Pomona Community Services in support of Charles Bader Council Conference Room Dedication: Requested Amount:
$1,000
C) Amount to be determined to Project Hope CA in support of Hope Fest Pomona:
Requested Amount: $1,500
2) Receive and file the recap of final amounts for previousl y approved projects/activities.
MOTION BY COUNCILMEMBER GARCIA , SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to make a finding of public benefit for Item A-C.
17. Update of the American Rescue Plan (ARP) and Amendment of the FY 2022 -23 Operating Budget
It is recommended that the City Council adopt the following resolution:
1) RESOLUTION NO. 2022 -155 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING AN UDPATE TO THE CITY OF POMONA’S EXPENDITURE PLAN FOR THE CORONAVIRUS STATE
AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) FUNDS
ALLOCATED FROM THE UNITED STATES FEDERAL GOVERNMENT
DEPARTMENT OF TREASURY AND AMENDING THE FISCAL YEAR (FY) 2022-2023 CITY OPERATING BUDGET TO INCREASE REVENUE
ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $4M FROM THE
AMERICAN RESCUE PLAN (ARP) FUND
2) Receive and file a status update of ARP FY 2022 -23 Proposed Budget Appropriations.
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Finance Director Andrew Mowbray gave the staff presentation.
Live Comment was as follows:
Gregory Estel expressed his concern about using ARP funds to help the rent stabilization urgency ordinance and continuing to help renters. He said that this money should be used in better ways to help people in the community.
Councilmembers asked questions and made comments regarding this item.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to adopt Resolution No. 2022 - 155.
PUBLIC HEARINGS
18. City Council Consideration of a Ten (10) Month and Fifteen (15) Day Extension of Term of the Moratorium on the Establishment, Expansion, or Modification of Warehouses, Trucking Facilities, and Related Uses that are Located within the City of Pomona
It is recommended that the City Council introduce, waive further and give reading to the following urgency ordinance:
URGENCY ORDINANCE NO. 4321 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTI ON 65858, EXTENSION OF TERM BY TEN (10) MONTHS AND FIFTEEN (15) DAYS, A MORATORIUM ON THE
ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES,
TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN
THE CITY OF POMONA
Senior Planner Vinny Tam gave the staff presentation.
The Mayor opened the public hearing.
*Please see attachment for emails submitted regarding this item.
Live comments were as follows:
Kathryn Martens spoke in support of this ordinance and said that economic studies in the area show that having warehouses does not lead to more jobs opportunities for the residents here so adding more warehouses does not bring value to the community.
Mireya Escobar (in Spanish thru interpreter) spoke in support of this ordinance.
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Patrick Daniels spoke in support of the ordinance and the thanked the staff for working on this.
Ron Cobas from Clean and Green Pomona spoke in support of this ordinance to provide the community with cleaner air because trucks that service the warehouses would be lessened. This ordinance is needed to give more time for studies regarding this item.
Don Martens submitted a speaker card in support of the ordinance but did not wish to speak.
The Mayor closed the public hearing.
Councilmembers asked questions and made comments regarding this item.
MOTION BY VICE MAYOR ONTIVEROS -COLE, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to adopt Urgency Ordinance No 4321.
ADJOURNMENT
The City Council Meeting adjourned at 8:04 p.m. on August 15, 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