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)
B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Gente Organizada, et al. v. Pomona Police Department, et al.
LASC Case No. 20STCV28895
7:00 P.M. Council Chambers
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:00 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
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, October 03, 2022 Council Chambers
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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
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
Councilmember Robert Torres
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Diana Robles, Deputy City Clerk I
Maricela Miotto, contracted by the City, provided translation services.
PRESENTATIONS
*Presentation by Monique Manzanares, President of the Pomona Chamber of Commerce.
Monique gave a presentation regarding the Chamber’s engagement events from the last few months, and an overview of future events.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Garcia invited everyone to the upcoming District 3 Area Watch Commander meeting on October 12 at 6:00PM with Lt. Ryan Rodriguez at Alcott Elementary School. S he also requested that staff research what can be done to establish stronger rent control in Pomona’s mobile home parks.
Councilmember Steve Lustro attended the dedication of the newly re-named Chuck Bader City Council C onference R oom. He also attended a community neighborhood watch meeting for District 5 last Saturday, along with Lt. Anthony Catanese and Community Programs Staff. He also gave thanks to the Public Works Dept. for their work in re-paving City Council / Housing Authority / Meeting Minutes October 03, 2022 Successor Agency to the
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various streets. Lastly, he requested that staff bring back for consideration an emergency ordinance to prohibit short term rentals.
Councilmember Preciado invited everyone to this year’s final CommUNITY Pull Up event at Martin Luther King Park on October 11 at 3PM, and also to the 6 th Annual 5k, 10k, and Toddler Trot fundraiser beginning at Shaun Diamond Plaza on October 15 to support youth programs within the City.
Vice Mayor Ontiveros -Cole invited everyone to the District 4 Area Watch Commander meeting at the Ebell Pomona Historical Club on October 11 at 6PM. She also attended the employee training Active Shooter/Stop the Bleed; she requested that Pomona Police make the training available for the public as well. She advised October is Breast Canc er Awareness month and suggested everyone get an exam. Lastly, she requested that staff resume reading emails sent to City Council for public comment.
Mayor Sandoval attended the dedication of the newly re -named Chuck Bader City Council Conference room and gave special thanks to Maura Montellano for making the event a success.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff stated that Item #5 needed to be pulled due to new information becoming available and the developer mentioned in the staff report was not available to attend tonight’s meeting. He also gave congratulations to Neighborhood Services Director Anita Gutierrez and to her Planning Staff for their work to get the Housing Element approved by the state.
Deputy City Manager Kirk Pelser gave an update on the progress regarding the Rent Stabilization O rdinance. Housing Sub Committee has met once, and will meet again.
Housing Division has been compiling a matrix of eleven cities that have rent stabilization across the state. He advised staff will look for a consultant to conduct the rent registry to find out how many units would be subject to current State law. Staff will also bring a contract to City Council on October 17 for the hiring of that consultant . He also stated staff closed a request for proposal process for a consulta nt to help with the design and implementation of the urgency ordinance and the larger Rent Stabilization Ordinance.
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.
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Live Comments were as follows:
Christine Vanyo, moderator from Pilgrim Congregational Chu rch in Pomona , spoke about the increase in vandalism and trespassing the Church is experiencing . She requested the City allocate more money to the Pomona Police to help address these issues.
Beth Brooks spoke about working with tenants and landlords throughout Pomona who are experiencing an increase in crime from trespassers in their homes.
Vincent M. Ayala discussed the lack of safety inside of the apartment complex in which he resides due to trespassers and unruly guests of other apartment residents.
Gregory Burke Estel requested that the money allocated to the Police budget be increased so that more Police Officers are active on the field to address increase in crime and homeless individuals. He also expressed opposition to Air BnB rentals in the City.
M. Joyce Bakersmith discussed the importance of the City Council appea ring unified, even when they have a difference of opinions.
Eunice R. Russell requested that City Council be extre mely mindful of how the changes they are approving affect the residents of the City of Pomona.
Debra Mendez, an Outreach Leader for PUSH , spoke about the City need ing to do more outreach to inform landlords of the new rent ordinance, since many of them don’t believe tenants when discussing rent increase caps.
The following public speakers spoke about the difficulty in finding affordable housing, now that they are facing eviction, and asked what resources the City has to assist them.
Tyna Speaks
Eugenia Savala
Leticia Avila
Yesenia Miranda Mesa, a board member of PUSH, gave special thanks to Donyielle Holley from Housing Dept. for being available when she calls, but wants PUSH to b e at the table with the City when discussing how to make the emergency rental ordinance stronger.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0, to approve the Consent Calendar except for Items 2, and 6, which were voted on in separate motions and except for Item 5 which was pulled by City Manager Makshanoff to be considered at a future meeting.
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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:
September 12, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0, to approve the meeting minutes September 12, 2022.
2. Second Reading and Adoption 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 adopt 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), SECTIO N 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
*This item was pulled for public comment.
Public speaker, Eunice Russell, spoke in opposition of adoption of Ordinance No. 4317.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER TORRES , CARRIED 6-0-1 WITH VICE MAYOR ONTIVEROS -COLE ABSTAIN ING, to adopt Ordinance No. 4317.
3. Conflict of Interest Code Biennial Notice Required by the Political Reform Act It is recommended that the City Council approve and file the 2022 Local Agency Biennial Notice.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0, to approve and file the 2022 Local Agency Biennial Notice.
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4. Approving Funding of $50,000 to the Pomona Chamber of Commerce in Accordance with the Defined Disbursement Schedule
It is recommended that the City Council approve funding for the Pomona Chamber of Commerce (the “Chamber”) for Fiscal Year 2022 -2023 in the amount of $50,000 to be disbursed in four equal quarterly payments of $12,500 at the beginning of each quarter.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to approve funding for the Pomona Chamber of Commerce (the “Chamber”) for Fiscal year 2022-2023 in the amount of $50,000 to be disbursed in four equal quarterly payments of $12,500 at the beginning of each quarter.
5. Termination of Purchase & Sale Agreement with Seventh Street Development, Inc.
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -177 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, TERMINATING THE PURCHASE & SALE
AGREEMENT BETWEEN THE CITY OF POMONA AND S EVENTH STREET DEVELOPMENT, INC.
*This item was pulled by staff to be considered at a future meeting.
6. Adopt a Resolution Authorizing the Acceptance of a Los Angeles County Chief Executive Office Homeless Initiative (CEO-HI) Interim Housing Services Grant It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -167 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA AUTHORIZING STAFF TO ACCEPT
CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES (CCOGHIS) PROGRAM GRANT AWARD TOTALING $164 ,138 IN STATE OF
CALIFORNIA HOMELESS HOUSING ASSISTANCE, AND PREVENTION
PROGRAM ROUND 3 (HHAP 3) FUNDING, AMENDING THE FY 2022 -23
OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATING FUNDS IN THE SAME AMOUNT
2) Authorize the City Manager to execute all agreements and additional documents requested for the acceptance of the award, allocation of the funding and operation of the CCOGIHS Program, subject to approval a s to form by the City Attorney.
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*This item was pulled for public comment.
Public speaker, Yesenia Miranda Mesa, spoke in support of Resolution No. 2022-167
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA , CARRIED 7-0 to adopt Resolution No. 2022-167.
7. Award of Contract to Cintas, Corporation for Uniforms and Related Services It is recommended that the City Council take the following actions:
1) Approve the award for Uniforms and Related Ser vices to Cintas, Corporation for a three-year agreement with two one-year extensions in an amount not to exceed $380,000;
2) Authorize the City Manager to execute the agreement and any amendments, upon review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to approve the award for Uniforms and Relate d Services to Cintas, Corporation for a three -year agreement with two one -year extensions in an amount not to exceed $380,000; and authorize the City Manager to execute the agreement and any amendments, upon review by the City Attorney.
8. Approve the Amended Agreement with Draw Tap GIS, LLC for Geographical Information Systems (GIS) Services for Public Works Asset Management Project It is recommended that the City Council take the following actions:
1) Approve an amendment to the curren t agreement with Draw Tap GIS, LLC for GIS Services to support a Public Works Asset Management Project in the amount of $150,000 for an initial term, beginning October 1, 2022 through June 30, 2023, with the option to extend for an additional year; and 2) Authorize the City Manager, or designee, to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to approve an amendment to the current agreement with Draw Tap GIS, LLC for GIS Services to support a Public Works Asset Management Project in the amount of $150,000 for an initial term, beginning October 1, 2022 through June 30, 2023, with the option to extend fo r an additional year; and Authorize the City Manager, or designee, to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
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9. Amendment of the Fiscal Year 2022 -23 Operating Budget by Appropriating $43,250 of General Fund Reserves to Parks Facilities Maintenance Division for Windstorm Damage Repairs at Palomares Park
It is recommended that the City Council take the following actions:
RESOLUTION NO. 2022 -176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022 -23 OPERATING BUDGET BY APPROPRIATING $43,250 OF GENERAL FUND
RESERVES TO THE PARKS FACILITIES MAINTENANCE DIVISION
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0 to adopt Resolution No. 2022-176.
10. Adopt Resolution to Receive and Appropriat e Metropolitan Water District Grant Funds for the Municipal Leak Detection and Repair Project; Residential Landscape Audit; and, Community Partnering Program
It is recommended that the City Council take the following action:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 WATER
ENTERPRISE FUND BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $100,000 FOR THE MUNICIPAL LEAK DETECTION AND REPAIR PROJ ECT; $5,000 FOR THE RESIDENTIAL LANDSCAPE AUDIT; AND, $2,000 FOR THE COMMUNITY PARTNERING PROGRAM
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to adopt Resolution No. 2022-172.
11. Award a Construction Contract in the Amount of $67,600 to AZ Construction for “Mission Boulevard Guardrail,” Project No. 428-2590-XXXXX-71067 It is recommended that the City Council take the following actions:
1) Award a construction contract to AZ Construction for “Mission Boulevard Guardrail,” Project No. 428-2590-XXXXX-71067, in the amount of $67,600; and 2) Find that the project referenced above is categorically exempt from the California Environmental Qualit y Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and
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2) Authorize the City Manager to execute the construction contract and any subsequent change orders on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to award a construction contract to AZ Construction for “Mission Boulevard Guardrail,” Project No. 428 -2590-XXXXX-71067, in the amount of $67,600; 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 en vironment; and Authorize the City Manager to execute the construction contract and any subsequent change orders on behalf of the City.
12. Adopt a Resolution Authorizing the City of Pomona Housing Authority to Accept a Grant Award and Receive Funding from the U.S. Department of Housing and Urban Development (HUD), totaling $264,560
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority, take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -171 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, SITTING AS THE GOVERNING
BOARD OF THE POMONA HOUSING AUTHORITY (PHA), APPROVING THE ACCEPTANCE OF A U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) PROGRA M GRANT AWARD, TO RECEIVE FUNDING TOTALING $264,560, AMENDING THE FY 2022 -23 OPERATING BUDGET BY
INCREASING REVENUE ESTIMATES, APPROPR IATING FUNDS IN THE
SAME AMOUNT
2) Authorize the Executive Director of the Housing Authority or his designee to execute the contracts and other documentation requested for acceptance and implementation of the grant awards.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 7-0 to adopt Resolution No. 2022-171; and authorize the Executive Director of the Housing Authority or his designee to execute the contracts and other documentation requested for acceptance and implementation of the grant awards.
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DISCUSSION CALENDAR
13. 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 fo r the recommended item(s); and
A) Amount to be determined to Victory Outreach in support of Harvest Night:
Requested Amount: $7,000
B) Amount to be determined to Latino and Latina Roundtable in support of Dia de Muertos Celebration: Requested Amount: $2,000
C) Amount to be determined to Legacy Bridges Foundation, Inc. in support of Bridging the Gap Gala: Requested Amount: $2,000
D) Amount to be determined to Fraternal Order of Eagles 2215 in support of the 13th Annual Chili and Menudo Cook-off: Requested Amount: $1,000
E) Amount to be determined to Pomona Natives in support of field and light use for the league: Requested Amount: $6,000
F) Amount to be determined to Tradición Dance Company in support of the Christmas Folkloric Dance Show: Requested Amount: $2,000
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA , CARRIED 7-0 to make a finding of public benefit for Items A-F.
PUBLIC HEARINGS
14. Approving and Adopting a Second Amendment to the Five Year Permanent Local Housing Allocation (PLHA) Plan and Authorizing Submittal to the State Department of Housing and Community Development
It is recommended that the City Council take the following actions:
1) Conduct a public hearing to receive public comments on the Second Amendment to the Five Year Permanent Local Housing Allocation Plan; City Council / Housing Authority / Meeting Minutes October 03, 2022 Successor Agency to the
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2) Adopt the following resolution:
RESOLUTION NO. 2022 -175 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING THE
SECOND AMENDMENT TO THE FIVE - YEAR PERMANENT LOCAL
HOUSING ALLOCATION (PLHA) PLAN AND AUTHORIZING SUBMITTAL TO
THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Neighborhood Services Manager Beverly Johnson gave the staff presentation.
The Mayor opened the public hearing and with no comments, the Mayor closed the public hearing.
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE MAYOR ONTIVEROS - COLE, CARRIED 7-0 to adopt Resolution No. 2022-175.
ADJOURNMENT
The City Council Meeting adjourned at 8:20 p.m. on October 3, 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