City of Pomona 505S. Garey Ave
Pomona, CA 91766
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Councilmember John Nolte
Councilmember Victor Preciad
Councilmember Nora Garcia
fice Mayor Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert S. Torres
VISION STATEMENT
omona will be recognized as a vibrant, safe, beautifu
ommunity that is a fun and exciting destination and the home arts and artists, students and scholars, business and industry.
Monday, September 19, 2022 7:00 PM Council Chambers
CLOSED SESSION
5:30 P.M. Chuck Bader Conference Room
A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(4))
Significant exposure to litigation
Number of potential cases: One (1)
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 Closed Session.
PLEDGE OF ALLEGIANCE
Councilmember Preciado led the Pledge of Allegiance.
City Council / Housing Authority / Meeting Minutes September 19, 2022 Successor Agency to the
Redevelopment Agency
ROLL CALL
Present: Mayor Tim Sandoval
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Vice Mayor Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Hilda Estrada, contracted by the City, provided translation services.
PRESENTATIONS
*Overview of 2022 City Summer Recreational Programs, Activities, and Events Community Services Manager Mike Osoff gave the staff presentation. *Proclamation Declaring September 14, 2022 as "Support Latino Business Day" in the City of Pomona
No one present to accept.
*Proclamation Recognizing and Celebrating Garey High School's 60th Anniversary on September 11, 2022
This proclamation was rescheduled for a future Council Meeting date. *Proclamation Recognizing the Week of September 25-October 1, 2022 as Childhood Cancer Awareness Week
No one present to accept.
*Presentation of the Pomona Goddess to Community Member Mickey Gallivan The Mayor and Councilmembers presented the Pomona Goddess to Mickey Gallivan.
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MAYOR/COUNCILMEMBER COMMUNICATIONS
Vice Mayor Ontiveros-Cole attended a children's event put on by Dr. Vo and the Vietnamese community.
Councilmember Garcia invited the community to a Measure A Recreation Access meeting at Washington Park that will get input regarding a new grant the City is trying to obtain.
She also invited the community to the African American Alliance building for the Summer Vibes event.
Councilmember Preciado asked for prayers for his godmother and family for his cousin that passed away.
Councilmember Nolte participated in a Pomona Beautiful clean up and expressed his admiration for how hard that group works. He requested a report at a future meeting regarding car incidents in the City with multiple data points because he believes there has been an increase in traffic related incidents in the City.
Mayor Sandoval attended the Children's Festival at the Civic Center and a Casa Colina fundraiser. He praised a group of Garey High School students who were awarded a patent from the US Patent Office with the help of MIT.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff spoke about the state's drought conditions and reported that the City has not reduced its water usage. He also introduced the new Human Resources/Risk Management Director Rene Anderson.
PUBLIC PARTICIPATION
At the direction of the City Council Emergency Sub Committee, beginning with the July 18, anne man ere come will no longer be read into the record durin Council meetings. However, they will be included as part of the record/meeting minute:
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:
M Joyce Bakersmith spoke about a scheduled candidate forum on September 24 at Pilgrim Congregational Church that now has to be cancelled. She expressed disappointment that she had received confirmation from all the incumbents but then received an email that a couple of them would not be attending. This forum has been put on by the Willie White focus group for many years to help the community stay informed on those running for office.
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City Council / Housing Authority / Meeting itinutes September 19, 2022 Successor Agency to the
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Eunice Russell from Truth Seekers, a political organization not a religious one, also expressed her disappointment that the candidate forum was being cancelled. She stated it was disrespectful to cancel at the last minute after arrangements had already been made, including a Spanish interpreter.
Greg Estel thanked City Staff and the Quality of Life Team and stated that the City needs more code enforcement.
Cynthia Marino thanked the Mayor and Councilmember Lustro who assisted with a fire insurance situation that involved her residence and the City of Chino Hills. She also asked for a moment of silence in honor of Councilmember Preciado's cousin.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to approve the Consent Calendar except for Items 2, 5, and 9 which were voted on in separate motions.
Adopt a Resolution Accepting Grant Funds for Operation of the Bridge Housing Program at Hope for Home Homeless Services Center and Amend the 2022-23 Operating Budget
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-118 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $912,500 IN CONTINUUM OF CARE (COC) HOUSING HOMELESS,
ASSISTANCE AND PREVENTION (HHAP) GRANT FUNDS FOR THE
OPERATION OF A BRIDGE HOUSING PROGRAM AT THE HOPE FOR HOME HOMELESS SERVICES CENTER (H4H), AMEND THE FY 2022-23 OPERATING BUDGET TO INCREASE REVENUE AND APPROPRIATION ESTIMATES BY $9 2) Amending the agreement with Volunteer of America Los Angeles (VOALA) as the H4H site operator by awarding $863,617 to operate the Bridge Housing Program; and
3) Authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the H4H Bridge Housing Program, subject to approval as to form by the City Attorney.
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MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0), to adopt Resolution No. 2022-118.
2. Award of Construction Contract to Micon Construction, Inc. in the Amount of $1,926,245 for "Hamilton Park Renovation" Project
It is recommended that the City Council take the following actions:
1) Award a construction contract to Micon Construction, Inc. for "Hamilton Park Renovation," Project No. 428-2590-XXXXX-71070 in the amount of $1,926,245; and
2) Reject the bid protest submitted by Act 1 Construction as meritless; and 3) Authorize the City Manager, or designee, to execute the construction contract/agreement, and related documents.
This item was pulled for public comment.
Vincent Carpio thanked staff for the park renovations. He also had a question regarding the bid protest.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0), to award a construction contract to Micon Construction, Inc. for "Hamilton Park Renovation," Project No. 428-2590-XXXXX-71070 in the amount of $1,926,245; and reject the bid protest submitted by Act 1 Construction as meritless; and authorize the City Manager, or designee, to execute the construction contract/agreement, and related documents.
3. Adopt a Resolution Amending the FY 2022-23 Operating Budget by Unappropriating $40,000 from 668-1352-52310-00000 and Amending the FY 2022-23 Capital Improvement Program (CIP) Budget by Creating a New Project, "Generator for City Emergency Operations Center - Brackett Field Airport," and Transferring and Appropriating $40,000 of Self-Insurance Administration Funds to the Project It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-165 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 OPERATING BUDGET BY UNAPPROPRIATING $40,000 FROM 668-1352-52310-00000 AND AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT: "GENERATOR FOR CITY EMERGENCY OPERATIONS CENTER - BRACKETT FIELD AIRPORT,"
PROJECT NO. 428-2590-XXXXX-71068, AND TRANSFERRING AND
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APPROPRIATING $40,000 OF SELF-INSURANCE ADMINISTRATION FUNDS TO
THE PROJECT
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLD, CARRIED 7-0, to adopt Resolution 2022-165.
4. Adoption of Resolutions Amending the Citywide Salary Schedule to Reflect Previously Approved Salary Increases and Amending Appendix B of the Pomona Mid-Management/Confidential Employees' Association Memorandum of Understanding
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2022-169 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING THE CITYWIDE SALARY SCHEDULE FOR FISCAL YEAR 2022-23 TO REFLECT PREVIOUSLY
APPROVED SALARY INCREASES
RESOLUTION NO. 2022-170 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE
MEMORANDUM OF UNDERSTANDING WITH THE POMONA
MID-MANAGEMENT / CONFIDENTIAL EMPLOYEES' ASSOCIATION TO ADD
THE CLASSIFICATION OF LIBRARY SUPERVISOR
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to adopt Resolution No. 2022-169 and Resolution No. 2022-170.
5. Provide the 2021 California Power Source Disclosure Attestation for Pomona Choice Energy
It is recommended that the City Council, pursuant to the California Public Utilities Code, provide the required attestation specified under California's Power Source Disclosure Program for Pomona Choice Energy (PCE).
This item was pulled by Councilmember Torres for a separate vote
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-2 (VICE MAYOR ONTIVEROS-COLE AND COUNCILMEMBER TORRES OPPOSED), to provide the required attestation specified under California's Power Source Disclosure Program for Pomona Choice Energy (PCE).
6. Approve the Purchase and Outfit of Thirteen (13) Police Vehicles from National Auto Fleet Group and 10 - 8 Retrofit, Inc. in the Amount of $863,967 City of Pomona Page 6
City Council / Housing Authority / Meeting Minutes September 19, 2022 Successor Agency to the
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It is recommended that the City Council approve the purchase and outfit of thirteen (13) new/replacement Police vehicles from National Auto Fleet Group and 10-8 Retrofit, Inc. for a total amount of $863,967.
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to approve the purchase and outfit of thirteen (13) new/replacement Police vehicles from National Auto Fleet Group and 10-8 Retrofit, Inc. for a total amount of $863,967.
7. Adoption of the Pomona Safe Streets and Roads for All (SS4A) Strategic Plan It is recommended that the City Council adopt the Pomona Safe Streets and Roads for All (SS4A) Strategic Plan.
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to adopt the Pomona Safe Streets and Roads for All (SS4A) Strategic Plan.
8. Adoption of a Resolution Authorizing the Grant Application for Wellhead Treatment on City Wells
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-173 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING THE GRANT APPLICATION
FOR WELLHEAD TREATMENT ON CITY WELLS
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to adopt Resolution No. 2022-173.
9. Appeal of a Cultural Arts Commission Decision Denying the Award of Public Art Fund Dollars for Public Art (Sculpture) to be Installed at Lincoln Park It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-174 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, UPHOLDING CULTURAL ARTS COMMISSION
TO DENY A PUBLIC ART FUND AWARD TO AN APPLICATION FOR PUBLIC
ART FOR A PROPOSED PUBLIC ART PIECE (SCULPTURE) TO BE LOCATED
AT LINCOLN PARK IN THE CITY OF POMONA
This item was pulled for public comments and council discussion.
Planning Manager Ata Khan gave the staff presentation. Development Services Director Anita Gutierrez assisted with answering questions from the council.
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Public Comments were as follows:
Jim Gallivan supported denying the award because it is not representative of the City and not unique to Pomona. He also stated the commissions didn't have much choice in location and design.
Mickey Gallivan supported denying the award for several reasons. The commissions did not have input in the design, the statue does not represent the City, and Lincoln Park is not the appropriate location.
Miranda Sheffield supported denying the award because the process was not followed correctly. She stated that there were so many applications to be considered and the amount of staff time this appeal process was taking was hurting the other applicants' chances to be awarded the public art fund dollars.
Venita Reynolds supported denying the award because this project had gone through the process inappropriately. She stated it was unfair to other artists who went about the process the correct way.
Ann Tomkins opposed denying the award because the goal should be to get public art funded in Pomona. She spoke about the amount of community engagement surrounding the project and that the project shouldn't be denied just because the commissioner didn't get to dictate the details.
Councilmembers asked questions and discussed this item.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 5-2 (VICE MAYOR ONTIVEROS-COLE AND COUNCILMEMBER TORRES OPPOSED), to adopt Resolution No. 2022-174 but amending the language to approve the funding of the installation and maintenance of the statue at $42,250.
10. Approval of Appointment to Fill the District 4 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 Carolyn Hemming to serve as the District 4 representative on the Board of Parking Place Commissioners (VPD).
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS- COLE, CARRIED 7-0, to approve the appointment of Carolyn Hemming to serve as the District 4 representative on the Board of Parking Place Commissioners (VPD).
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DISCUSSION CALENDAR
11. 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 in support of D4 Commander Meeting Dinner for D4 Constituents: Requested Amount: TBD
B) Amount to be determined to Garey High School in support of Cafecito Con Libros Hispanic Heritage Month Book Reading: Requested Amount: $2,100 C) Amount to be determined to Kimberly Johnson in support of Christmas on Columbia: Requested Amount: $6,607.55
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0, to make a finding of public benefit for Item A-C.
Introduction and First Reading of an Ordinance Amending the Pomona City Code to Include the Updated City Council District Boundaries Map Adopted by the 2021-2022 Independent Redistricting Commission
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, AMENDING CHAPTER X (ELECTIONS), ARTICLE I (IN GENERAL), SECTION 10-1 (BOUNDARIES OF COUNCIL DISTRICTS) OF
THE POMONA CITY CODE, BY CHANGING THE CITY COUNCIL ELECTORAL
DISTRICT BOUNDARIES, ADOPTED BY THE INDEPENDENT REDISTRICTING
COMMISSION PURSUANT TO THE POMONA CITY CHARTER, THE
CALIFORNIA ELECTIONS CODE, AND THE 2020 DECENNIAL CENSUS Public Comments were as follows:
Eunice Russell expressed her concerns with the process of adopting the new district map including issues with missing sections in the ordinance that created the Independent City of Pomona Page 9
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Redistricting Commission and alleged Brown Act Violations. She does not believe the new map is drawn fairly and opposes the council adopting this ordinance to codify the new boundaries.
Ann Tomkins requested clarification about how the new map is being used for City business.
Councilmembers asked questions and made comments about this item.
City Attorney Carvalho addressed the questions about the new boundaries and how that relates to elections and everyday City business.
MOTION BY COUNCILMEMBER TORRES, SECOND BY COUNCILMEMBER NOTE, CARRIED 7-0, to introduce on first reading Ordinance No. 4317.
PUBLIC HEARINGS
13. Appeal of Minor Certificate of Appropriateness No. 18644-2022, HPC Resolution 2022-012 for 418 Kenoak Place
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-166 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, DENYING MINOR CERTIFICATE OF APPROPRIATENESS (MINCOA 18644-2022) TO LEGALIZE AN UNPERMITTED SIX-FOOT HIGH VINYL FENCE ON A PROPERTY LOCATED AT 418 KENOAK PLACE (APN: 8358-002-011)
Development Services Director Anita Gutierrez gave the staff presentation.
The Mayor opened the public hearing
Ann Tomkins spoke about the confusion surrounding guidelines since the historic preservation guideline document has not been updated.
The Mayor closed the public hearing.
Council discussed and came to a consensus that the resident only be required to replace the visible part of the fence.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to adopt Resolution No. 2022-166 but amending the language to be only a partial denial and the resident being required to replace the visible portion of the vinyl fence and allow for the vinyl fence to remain where it is not visible from the street.
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14. Public Hearing to Receive Comments on the FY 2021-22 Consolidated Annual Performance and Evaluation Report (CAPER)
It is recommended that the City Council take the following actions:
1) Conduct a public hearing to receive comments on the Fiscal Year (FY) 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) Funds; 2) Upon conclusion of the public hearing, direct staff to incorporate comments received into the final FY 2021-2022 CAPER; and
3) Approve the FY 2021-2022 CAPER for submission to the U.S. Department of Housing and Urban Development (HUD).
Neighborhood Services Director Benita DeFrank gave the staff presentation.
The Mayor opened the public hearing and with no speakers, the Mayor closed the public hearing.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER TORRES, CARRIED 7-0, to approve the FY 2021-2022 CAPER for submission to the U.S.
Department of Housing and Urban Development (HUD).
15. Public Hearing to Remove Crosswalk at the Intersection of Bonnie Brae Street and Fellows Place
It is recommended that the City Council take the following actions:
1) Open the public hearing regarding the removal of the crosswalk at the intersection of Bonnie Brae Street and Fellows Place, after receiving comments and testimony, close the public hearing; and
2) Authorize the removal of the crosswalk at the intersection of Bonnie Brae Street and Fellows Place subject to completion of other conditions listed in CUP 17057-2021.
This item was heard before Item 14.
Public Works Director Rene Guerrero gave the staff presentation.
The Mayor opened the public hearing and with no speakers, the Mayor closed the public hearing.
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MOTION BY VICE MAYOR ONTIVEROS-COLE, SECOND BY COUNCILMEMBER TORRES, CARRIED 6-1 (COUNCILMEMBER PRECIADO OPPOSED), to authorize the removal of the crosswalk and the intersection of Bonnie Brae Street and Fellows Place subject to the completion of other conditions listed in CUP 17057-2021.
ADJOURNMENT
The City Council Meeting adjourned at 10:36 p.m. on September 19, 2022.
Respectfully submitted, ATTEST:
10. Bute
- TIM SANDOVAL
ROSALIA A. BUTLER, MMC
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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