CLOSED SESSION
5:30 P.M. Chuck Bader Conference Room
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Citizens for Amending Prop L, et al. v. City of Pomona, et al.
LASC Case No. 19STCP00482
B) 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)
C) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957(b)(1))
Human Resources/Risk Management Director
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, September 12, 2022 Council Chambers
City Council / Housing Authority / Meeting Minutes September 12, 2022 Successor Agency to the
Redevelopment Agency
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D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: APN’s: 8341 -003-902, 903, 904, 905, 906, 907, 908 & 909 8341-004-902
Negotiating Parties: Mission Oak Group, LLC; The Michaels Organization; Gaia Block Partners, LLC
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
Property: Veterans Park (APN’s: 8707-019-903, 906 & 909) Negotiating Parties: Seventh Street Development, Inc.
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
Property: APN’s: 8336-026-904 & 905
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
Property: VPD Lot 2 (APN: 8336-021-901)
Negotiating Parties: Patricia M. Mahaffey Trust
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
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Redevelopment Agency
City of Pomona Page 3
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 several Closed Session Items.
PLEDGE OF ALLEGIANCE
Councilmember Nolte 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
Karla Shipman, Assistant City Clerk
Hilda Estrada, contracted by the City, provided translation services.
PRESENTATIONS
*Presentation by Norma Quinones, Executive Director of the San Gabriel Valley Conservation Corps
Norma Quinones gave a presentation regarding tree planting in the City. *Proclamation Recognizing the Month of September 2022 as the 30th Anniversary of Shoes That Fit
Carol Pelton accepted the proclamation and spoke about the work their organization does in the community.
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Redevelopment Agency
City of Pomona Page 4
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Garcia invited everyone to the Pomona Public Library Storytime Pokemon event.
Vice Mayor Ontiveros -Cole attended an event to honor Freddie Rodriguez’s theatrical donation to local high schools.
Councilmember Preciado attended a 9/11 Remembrance event at Western University, thanked those who attended the Art Walk, and attended 909 Night Market at the Fairplex.
Councilmember Lustro participated as a panelist in a session at the League of California Cities Conference and thanked the city attorney for inviting him.
Councilmember Nolte advised that PUSH is holding twice weekly consulta tion services for those that need advice regarding the rent stabilization ordinance.
Mayor Sandoval invited everyone to the Children’s Festival on September 17 in the Civic Center.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff reported that the library was awarded a $6 million grant for infrastructure that will be used to fix the roof, carpet, HVAC system and interior/exterior lighting.
PUBLIC PARTICIPATION
At the direction of the City Council Emergency Sub Committee, beginning with the July 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 m inutes 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:
Raquel Villa de Cerda spoke about her personal work gathering donations to br ing to Mexico and her desire to set up a soup kitchen in Pomona.
Solomon Bates had questions about the Oath grant program in the police department and how the funds are being spent for this program.
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CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the entire Consent Calendar.
1. Amendment of the Fiscal Year 2022-23 Operating Budget by Appropriating $203,767 of Los Angeles Regional Park and Open Space District Grant Funds to Tree Planting Projects in the Northside and Southside Study Areas
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022 -23 OPERATING BUDGET BY APPROPRIATING $203,767 OF LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT GRANT FUNDS TO
TREE PLANTING PROJECTS IN THE NORTHS IDE AND SOUTHSIDE STUDY AREAS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022-156.
2. 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 26, 2022 Special Meeting Minutes
August 1, 2022 Meeting Minutes
August 15, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to approve the meeting minutes of July 26, August 1, and August 15, 2022.
3. Approval of Lot Merger LM11-2022 for the Property Located at 1196 W. Third Street, Pomona, CA, Assessor Parcel Number 8348-015-015, Related to the Remodeling of an Existing Residential Property (Council District 4)
It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
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Redevelopment Agency
City of Pomona Page 6
RESOLUTION NO. 2022 -159 - A RESOLTUION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM11-2022 FOR THE PROPERTY LOCATED AT 1196 W. THIRD STREET, ASSESSOR PARCEL NUMBER 8348-015-015
2) Authorize the City Engineer to sign the Lot Merger LM11 -2022 on b ehalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLD, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to adopt Resolution 2022-159.
4. Approval of Lot Merger LM3 -2022 for the Property Located at 336 E. Holt Avenue, Pomona, CA, Assessor Parcel Number 8337 -026-013, Related to the Remodeling and Upgrading of an Existing Commercial Property (Council District 4) It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022 -160 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM3-2022 FOR THE PROPERTY LOCATED AT 336 E. HOLT AVENUE, ASSESSOR PARCEL NUMBER 8337-026-013
2) Authorize the City Engineer to sign the Lot Merger LM3 -2022 on behalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022-160.
5. Approval of Lot Merger LM1 -2021 for the Property Located at 1410 N. Garey Avenue, Pomona, CA, Assessor Parcel Number 8339 -021-020, Related to the Remodeling and Upgrading of an Existing Commercial Property (Council District 4) It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022 -161 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM1-2021 FOR THE PROPERTY LOCATED AT 1410 N. GAREY AVENUE, ASSESSOR PARCEL NUMBER 8339-021-020
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2) Authorize the City Engineer to sign the Lot Merger LM1 -2021 on behalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022-161.
6. Approval of Lot Merger LM2-2022 for the Property Located at 450 E. Second Street, Pomona, CA, Assessor Parcel Numbers 8335-007-011 & -018, Related to the Tenant Improvement of the Western University Health Sciences Center (Council District 2) It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022 -162 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM2-2022 FOR THE PROPERTY LOCATED AT 450 E. SECOND STREET, ASSESSOR PARCEL NUMBERS 8335-007-011 AND -018
2) Authorize the City Engineer to sign the Lot Merger LM2 -2022 on behalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022-162.
7. Award a Contract to Guaranteed Janitorial Service, Inc. and Base Hill, Inc. for Janitorial Services at Various City Facilities
It is recommended that the City Council take the following actions:
1) Award an initial three -year contract in a total amount of $341,598.35, with two optional one-year extensions, to Guaranteed Janitorial Service, Inc. for Janitorial Services at the Pomona Civic Center beginning October 1, 2022 through September 30, 2025; and
2) Award an initial three-year contract in a total amount of $445,600.42, with two optional one-year extensions, to Base Hill, Inc. for Janitorial Services at the City Yard, Regional Transit Center (RTC), and Pomona Police Department Facilities beginning October 1, 2022 through September 30, 2025; and 3) Authorize the City Manager, or designee, to approve the agreement, purchase orders, and any extensions or amendments thereto on behalf of the City.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIE D 6-0 (COUNCILMEMBER TORRES ABSENT) , to award an initial three-year contract in a total amount of $341,598.35, with two optional one -year extensions, to Guaranteed Janitorial Service, Inc. for Janitorial Services at the Pomona Civic Center beginning October 1, 2022 through September 30, 2025; and award an initial three -year contract in a total amount of $445,600.42, with two optional on e-year extensions, to Base Hill, Inc. for Janitorial Services at the City Yard, Regional Transit Center (RTC), and Pomona Police Department Facilities beginning October 1, 2022 through September 30, 2025; and authorize the City Manager, or designee, to app rove the agreement, purchase orders, and any extensions or amendments thereto on behalf of the City.
8. Amending the Fiscal Year (FY) 2022-23 City Operating Budget to Increase Revenue Estimates and Appropriations in the Amount of $545,691 in Community Development Block Grant (CDBG) and Community Development Block Grant Corona Virus (CDBG-CV) Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2022 -23
CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $545,691 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND COMM UNITY DEVELOPMENT
BLOCK GRANT CORONA VIRUS (CDBG-CV) FUNDS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2022-168.
9. Authorize Change Order Capability up to $250,000 for Construction Contract with All American Asphalt for “Philadelphia Street Rehabilitation - From San Antonio Avenue to East City Limit (ECL)”
It is recommended that the City Council take the following actions:
1) Authorize change order capability up to $250,000, exceeding 25 percent of the original contract amount, for the construction contract with All American Asphalt for “Philadelphia Street Rehabilitation - From San Antonio Avenue to East City Limit (ECL),” Project No. 428-2590-XXXXX-68577; and
2) Authorize the City Manager, or designee, to execute change order documents.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to authorize change order capability up to $250,000, exceeding 25 percent of the original contract amount, for the construction contract with All American Asphalt for “Philadelphia Street Rehabilitation - From San Antonio Av enue to East City Limit (ECL),” Project No. 428-2590-XXXXX-68577; and authorize the City Manager, or designee, to execute change order documents.
10. Approval of Appointment to Fill the District 3 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 Renee Barbee to serve as the Dis trict 3 representative on the Board of Parking Place Commissioners (VPD).
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve the appointment of Renee Barbee to serve as the District 3 representative on the Board of Parking Place Commissioners (VPD).
11. Approving Funding of $75,000 to the Pomona Economic Opportunity Center (PEOC) in Accordance with the Defined Disbursement Schedule
It is recommended that the Cit y Council approve funding for the Pomona Economic Opportunity (the “PEOC”) for Fiscal Year 2022 -2023 in the amount of $75,000 to be disbursed in four equal payments of $18,750 at the end of each quarter after receipt of the respective Quarterly Reports.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to approve funding for the Pomona Economic Opportunity (the “PEOC”) for Fiscal Year 2022 -2023 in the amount of $75,000 to be disbursed in four equ al payments of $18,750 at the end of each quarter after receipt of the respective Quarterly Reports.
DISCUSSION CALENDAR
12. 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
2)
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A) Amount to be determined to Pomona Pride Center in support of Pomona Pride Center 2nd Annual GayLa: Requested Amount: $5,000
B) Amount to be determined to Partnership for a Positive Pomona (P3) in support of Pomona “Good Vibez” Youth -Only Music Festival: Requested Amount: $2,500
C) Amount to be determined to Park West/Pomona Alternative (PAS) School in support of Field Trip to Museum of Tolerance: Requested Amount: $600
D) Amount to be determined to Unity Church of Pomona in support of Pomona its 2nd Annual Kindness Carnival: Requested Amount: $2,500
3) Receive and file the recap of final amounts for previousl y approved projects/activities.
The following speaker cards from Partnership for a Positive Pomona were in support of the Good Vibez Youth-only Music Festival:
Erika Gonzalez, Lilia Onate (both spoke about the event and the organization) Angelica Hernandez, Jose Motu Venegas (did not speak)
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA , CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to make a finding of public benefit for Item A-D.
PUBLIC HEARINGS
13. Approve the City of Pomona Housing Authority’s FY 2022 -2023 Annual Plan, MTW Supplement, and the Revised Administrative Plan for Submission to the U.S.
Department of Housing and Urban Development (HUD)
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority, take the following actions:
1) Conduct a Public Hearing for the City of Pomona Housing Authority’ s Annual Plan for FY 2022-23 and Administrative Plan to receive testimony and comments; and,
2) Adopt the following resolution:
RESOLUTION NO. 2022 -164 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA SITTING AS THE GOVERNING
BOARD OF THE POMONA HOUSING AUTHORITY, APPROVING THE
PUBLIC HOUSING AGENCY CERTIFICATION OF CONSISTENCY WITH THE City Council / Housing Authority / Meeting Minutes September 12, 2022 Successor Agency to the
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CONSOLIDATED PLAN, THE CERTIFICATION OF COMPLIANCE WITH THE
PUBLIC HOUSING AUTHORITY ANNUAL PLAN AND MOVING TO WORK (MTW) SUPPLEMENT TO THE ANNUAL PLAN AND SUBMISSION OF THE
REVISED POMONA HOUSING AUTHORITY ADMINISTRATIVE PLAN 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 comments, the Mayor closed the public hearing.
MOTION BY COUNCILMEMBER PRECIADO , SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT) , to adopt Resolution No. 2022-164.
ADJOURNMENT
The City Council Meeting adjourned at 7:41 p.m. on September 12, 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