CLOSED SESSION
5:30 P.M. Chuck Bader Conference Room
A) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: City Manager James Makshanoff and Development Services Director Anita Gutierrez
Employee Organization: Pomona City Employees’ Association, a Chapter of Teamsters Local 1932; and Pomona Mid -Management/Confidential Employees Association
B) POTENTIAL/THREAT OF LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
One (1) case related to land use appeal
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 Closed Session 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, December 5, 2022 Council Chambers
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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
Karla Shipman, Assistant City Clerk
Diana Robles, Deputy City Clerk
Maricela Miotto, contracted by the City, provided translation services.
***Mayor Sandoval advised Item 16 would be moved the January 23 rd City Council meeting. He did allow speakers for that item to give their comment during Public Participation.
Mayor Sandoval recessed the meeting at 7:04 p.m. for the Tree Lighting Ceremony.
The meeting resumed at 7:19 p.m.
PRESENTATIONS
*Presentation by the Pomona Police Department on the City’s Homeless Services.
This presentation was moved to a future City Council meeting per Mayor Sandoval’s direction.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Preciado announced that tomorrow, December 6, would be the final Community Pull Up event of the year at Memorial Park. They will be hosting a toy drive and it is open to the public.
Councilmember Garcia announced two Christmas themed events to take place at the Pomona Library: Wednesday, Dec 14th the Grinch visits the Library, and Dec 21st Santa City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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Claus visits the Library. Both events will have reading time and crafts.
Vice Mayor Onitveros -Cole apologized for her absence at the previous City Council meeting. She stated she came down with a sinus infection and suggested that everyone get their flu vaccine and CO VID Booster vaccine. She a nnounced District 4 would have a Toy Drive hosted by Total Restoration Ministries , located at Reservoir and Monterey , on Saturday December 17.
Councilmember Nolte attended Christmas on Columbia, a neighborhood holiday event with vendors, performers and house decorations. He suggested that everyone visit the street there to see the decorations. He gave a shout out to Kim Johnson for organizing the neighborhood.
Mayor Sandoval gave congratulations t o Clean & Green Pomona for planting their 1,000 th tree in the City this past Saturday, December 3, and thanked them for their work.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff had no reportable action.
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 minutes.
Live Comments were as follows:
Helen Smith-Draper invited everyone to the event “Channel Youth Creativity with Fun” taking place on December 18 at dA Center for the Arts from 1:00pm to 3:00pm; the event is meant to support young artists so they feel recognized and feel valued.
Kyle Brown, of Clean & Green Pomona, discussed the importance and value parks bring to communities. He referenced a two-page flyer discussing the work done by the organization, and the suggestions for Pomona’s future master park plan.
Lisa A. E ngdahl, of Clean & Green Pomona, discussed the ir engagement with the community to find the recreational needs of residents.
Matthew Parada, of Clean & Green Pomona, discussed issues that need to be addressed by Pomona’s master park plan.
Mirella Escobar, of Clean & Green Pomona, discussed various opportunities a master park plan can address the recreational needs of the community.
Ron Cobas, of Clean & Green Pomona, proposed a park system that is kid friendly by City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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suggesting five goals for the City to meet.
Adam Donner, of Icon, spoke in support of Clean & Green Pomona’s suggestions to improve green space in the City; he requested City Council prioritize its work on a master park plan.
Yesenia Miranda Meza , on behalf of PUSH, stated landlords are coming in not acting in good faith, and hopes that City Council will not continue to permit this behavior.
Anel Hernandez, on behalf of PUSH, asked City Council to deny the demolition permit so that families can remained housed.
Evelia Rocha, with PUSH, voiced her support for City Council to approve resolution 2022 - 208 to deny the appeal of the Historic Prese rvation’s Commission finding that denies demolition.
Melanie Andreo, of Gente Organizada, asked City Council to think about how they can support local families, prevent their displacement and requested they deny the demolition permit.
Kevin Olarte asked City Council to deny the demolition permit, and is saddened to see gentrification taking place in the City.
Orlando A rices-Pulido stated people should not live in fear of forced evictions, and homelessness is a huge problem in the City. He requested that the City Council deny the demolition permit.
Emely Andreo, of Pomona Student Union, asked City Council to deny the demolition permit to avoid the displacement of six families.
Minerva Andreo, Pomona Student Union, stated she is sadde ned to see gentrification taking place in Pomona and requested City Council to take into consideration inflation when thinking about denying the demolition permit.
Ann Tomkins was called but did not come to the stand to speak.
Miranda Sheffield, with PU SH, asked that the City continue the momentum with the passing of rent caps with this current housing issue to show landlords certain requirements need to be met in this City.
Jazim was also called but did not come to the stand to speak.
Alyssa was called but did not come to the stand to speak.
Larry Ortega discussed Los Angeles County Board of Supervisors moving towards brining wireless to Pomona without permits, and without notices. He requested that City Council City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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call on them to oppose item 80 that will allow for wireless proliferation. He supported using fiber optics to bridge the digital divide so all have access to online resources.
Elinor Crescenzi spoke in support of the City developing guidelines for developers that purchase property in Pomona to prevent displacement of families. She gave various suggestions on what these guidelines could look like and asked City Council to commit to compassion for its current residents.
Ellie O’Bosky supported what Public Speaker Elinor stated, and encouraged everyone to ask for the support they need . She advised to reach out to community members to ask for support if you feel stuck.
Kathryn Martens and Donald Marten submitted speaker cards, in support of Clean and Green Pomona’s kid friendly parks plan, but did not wish to speak.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to approve the Consent Calendar except for Item No. 1 and Item No. 10, which were pulled for public comment.
**After the Consent Calendar was approved, with the exception of Items 1 and 10 , the Items were heard in the following order per the request of Mayor Sandoval:
Consent Calendar Item 1, Discussion Calenda r Item 14, Consent Calendar Item 10, Discussion Calendar Item 12, Public Hearing Item 15 and Discussion Calendar Item
13. 1. Second Reading and Adoption of Ordinance No. 4323 Awarding an Exclusive Franchise Agreement to Arakelian Enterprises, Inc. DBA Athens Services for Residential and Commercial S olid Waste, Recyclable Materials, and Organic Collection Services
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 4323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, AWARDING AN EXCLUSIVE FRANCH ISE AGREEMENT TO ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
FOR RESIDENTAL AND COMMERICAL SOLID WASTE, RECYCLABLE
MATERIALS, AND ORGANIC COLLECTION SERVICES
Public Comment was as follows:
Ellie Rae O’Bosky spoke in support of community composting . She asked that Cal Recycles exclusivity clause language be used in the agreement.
Elinor Crescenzi stated the current language of the agreement does not sufficiently protect City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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community composting. She asked City Council to stand with local initiatives.
Lynn Fang asked for policies that protect local composting, and asked that Athens provide financial incentive for residents to choose local composting.
Pedro Vazquez from the Food Cycle Collective, spoke about the benefits of farming and composting; he requested that the agreement provide a discount to those that support local composting instead of industrialized composting.
Sean Erss was called but was not present and thus, did not speak.
Councilmembers asked questions to staff and made comments regarding this item.
Mayor Sandoval called on Athens Vice President Gary Clifford to speak in regards to the language protecting local composting. Vice President Clifford stated Athens published a composting statement and shared it with the composting group, which he read . Mayor Sandoval requested the composting statement to be attached to the contract.
Councilmember Nolte expressed concern with current composters being limited , due to the language stating the compost must be taken to a composting site within the City. He asked if the language could be amended so it reads that they can take compost to any local community group, inside or outside of the City limits . Vice President stated yes, that is a change that can be made.
Councilmember Lustro stated he was taken aback by the cost of an extra waste cart for a single family home.
Councilmember Garcia asked public speaker Eleanor Crescenzi if her concerns have been addressed. Public Speaker Crescenz i stated she has concerns regarding commercial services sold as a bundle, without the option to downsize, therefore eliminating the possibility of a discount for composting locally. Athens Vice President Clifford stated that is not possible, due to the state mandate.
Councilmember Nolte asked for clarification, that the two amendments being made are adding Athens ’ composting statement to the contract, and removing the language that prohibits working with community composting sites outside of the City. Athens Vice President Clifford stated yes.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY MAYOR SANDOVAL, CARRIED 6-1, (COUNCILMEMBER GARCIA IN OPPOSITION) to adopt Ordinance No. 4323.
2. Approval of Operations and Maintenance Agreement with Omni trans for the West Valley Connector Bus Rapid Transit Project
It is recommended that the City Council take the following actions:
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1) Approve the Operations and Maintenance (O&M) Agreement with Omnitrans for the West Valley Connector Bus Rapid Transit Project (Project); and
2) Authorize the Public Works Director to execute the O&M agreement on behalf of the City.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7 -0 to approve the Operation and Maintenance (O&M agreement with Omnitrans for the West Valley Connector Bus Rapid Transit Project (Project); and authorize the Public Works Director to execute the O&M agreement on behalf of the City.
3. Adoption of a Resolution Approving Tract Map TM No. 82889 for the Property Located at 2115 S. Garey Avenue, Pomona, CA, Assessor Parcel Numbers 8344-033-046 to -050, Related to the Proposed Gateway 156” Residential Development (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -204 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 82889 FOR THE PROPERTY LOCATED AT 2115 S. GAREY AVENUE, ASSESSOR PARCEL NUMBERS 8344-033-046 TO -050
2) Authorize the City Engineer to sign the Tract Map TM No. 82889 on behalf of the City.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022 -204 and authorize the City Engineer to sign the Tract Map TM No. 82889 on behalf of the City.
4. Adopt a Resolution Approving the Administering Agency -State Program Supplemental Agreement No. T01 REV. 1 and Amending the FY 2022 -23 Capital Improvement Program Budget, and Award a Contract to RKA Consulting Group for Professional Services for “Pomona Mul ti-Neighborhood Pedestrian and Bicycle Improvements” Project in an Amount Not-To-Exceed $1,374,805
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -203 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING THE ADMINISTERING AGENCY-STATE PROGRAM SUPPLEMENTAL AGREEMENT NO. T01 REV. 1 City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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FOR ATP CYCLE 4 CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT, “POMONA MULTI -NEIGHBORHOOD PEDESTRIAN AND BICYCLE
IMPROVEMENTS,” PROJECT NO. 428 -2590-XXXXX-67930, BETWEEN THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE
CITY OF POMONA (CITY) FOR FEDERAL AND STATE FUNDED PROJECT NUMBER ATPL -5070(035) FOR REIMBURSEMENT OF CITY COSTS BY CALTRANS, A ND AMENDING THE FY 2022 -23 CIP BUDGET BY
DECREASING REVENUE ESTIMATES AND UNAPPROPRIATING $117,843 OF UNUSABLE REMAINING ATP CYCLE 4 (T01/PES/PA&ED) GRANT
FUNDS AS WELL AS INCREASING REVENUE ESTIMATES AND
APPROPRIATING $515,000 OF ATP CYCLE 4 (T01REV1/PE/ RW) GRANT
FUNDS FOR THE PROJECT
2) Award a bid to RKA Consulting Group to provide professional consulting services in an amount not-to-exceed $1,374,805.
3) Authorize the City Manager to execute an agreement and amendments/revisions subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7 -0 to adopt Resolution No. 2022 -203, award a bid to RKA Consulting Group to provide professional consulting services in an amount not -to-exceed $1, 374, 805 and authorize the City Manager to execute an agreement and amendments/revisions subject to review and approval as to form by the City Attorney.
5. Adoption of a Resolution Approving Tract Map TM No. 83625 for the Property Located at 961 E. Phillips Boulevard, Pomona, CA, Assessor Parcel Number 8333-031-032, Related to “The Commons at Phillips” 12 -Unit Residential Condominium Development (Council District 3)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -217 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 83625 FOR THE PROPERTY LOCATED AT 961 E. PHILLIPS BOULEVARD, ASSESSOR PARCEL NUMBER 8333-031-032
2) Authorize the City Engineer to sign the Tract Map TM No. 83625 on behalf of the City.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022-217.
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6. Adopt a Resolution amending the FY 2022 -23 Water Operating Fund and the Recycled Water Program Budget
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -216 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 WATER
OPERATING FUND AND THE RECYCLED WATER PROGRAM BUDGET BY APPROPRIATING $347,366 OF RECYCLED WATER RESERVES
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022-216.
7. Approval Adopt a Resolution Authorizing the Acceptance of Two Continuum of Care Grant Awards from the Department of Housing and Urban Development (HUD) Totaling $3,131,970, and a Professional Services Agreement with Volunteers of America, Los Angeles (VOALA) in the Amount of $1,018,603
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022 -218 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE
OF TWO CONTINUUM OF CARE GRANT AWARDS FROM HUD TOTALING $3,131,970
2) Award a professional services agreement to Volunteers of America, Los Angeles (VOALA) in the amount of $1,018,603; and
3) Authorize the City Manager, or his designee, to execute appropriate contracts and other documentation requested for acceptance of the award and operation of the above listed Continuum of Care Programs for submission to funders, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7 -0 to adopt Resolution No. 2022 -218, award a professional services agreement to Volunteers of America, Los Angeles (VOALA) in the amount of $1,018,603 and authorize the City Manager, or his designee, to execute appropriate contracts and other documentation requested for acceptance of the award and operation of the above listed Continuum of Care Programs for submission to funders, subject approval as to form by the City Attorney.
8. Adopt a Resolution Amending the FY 2022 -23 Operating Budget by Increasing Appropriations by $18,240 from Existing Public Art Fund Reserves City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
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It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -222 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 OPERATING BUDGET BY INCREASING APPROPRIATIONS BY $18,240 FROM EXISTING
PUBLIC ART FUND RESERVES TO ACCOUNT FOR PUBLIC ART ACTIVITIES
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022-222.
9. Adopt a Resolution to Amend the FY 2022 -23 Operating Budget by Carrying Over Remaining Funds from FY 2021 -22 to Increase Revenue Estimates and Appropriations in Homeless Grant Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -219 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 OPERATING BUDGET BY CARRYING OVER REMAINING FUNDS FROM FY 2021 -22 TO INCREASE REVENUE ESTIMATES BY $2,740 AND APPROPRIATIONS BY $2,740 IN MEASURE H FUNDS AND INCRE ASE REVENUE ESTIMATES BY $175,119 AND APPROPRIATIONS BY $175,119 IN TRI -CITY MENTAL HEALTH STATE ACT (MHSA) GRANT FOR A TOTAL OF $177,859
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022-219.
10. All-Way Stop Signs and/or Crosswalks at Various Intersections
It is recommended that the City Council take the following actions:
1) Direct staff to install all way stop signs at the following intersections:
a. Ninth Street at Eleanor Street
b. Park Avenue at Commercial Street
c. Dudley Street at Vejar Street
d. North Ranch Road at Rock Bluff Road, and
2) Direct staff to install four crosswalks at the intersection of Park Avenue and Commercial Street, as funding allows.
This item was pulled for public comment.
Public Comment was as follows:
The following spoke in support of Item No. 10 and requested improvements to Grand Ave.
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Lisa A. Engdahl
Enriqueta Velazquez
Damiana Aldana
Mireya Escobar
Brayan Escobar – called but was not present
Maria Flores – called but was not present
Councilmembers made comments regarding the item.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7 -0 to direct staff to install all way stop signs at the following intersections: Ninth Street at Eleanor Street, Park Avenue at Commercial Street, Dudley Street at Vejar Street, North Ranch Road at Rock Bluff Road; and to install four crosswalk at the intersection of Park Avenue and Commercial Street, as funding allows, and for staff to bring back a report on what it would take to repave Grand Ave.
11. Amending the Consolidated Plan, the Fiscal Year (FY) 2022 -23 Annual Action Plan and the FY 2022 -23 operating budget by carrying over remaining funds from FY 2021-22 to increase revenue estimates and appropriations in Emerg ency Solutions Grant Cares Act (ESG-CV) Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022 -220 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN, THE FISCAL YEAR (FY) 2022 -23 ANNUAL ACTION PLAN AND FY 2022-23 OPERATING BUDGET BY CARRYING OVER REMAINING FUNDS FROM FY 2021 -22 T O INCREASE REVENUE ESTIMATES AND
APPROPRIATIONS IN EMERGENCY SOLUTIONS GRANT CARES ACT
(ESG-CV) FUNDS
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0 to adopt Resolution No. 2022-220.
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
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A) Amount to be determined for Lincoln Park Halloween street closures:
Requested Amount: TBD
B) Amount to be determined to Chas P. Rowe American Legion Post 30 for their Inaugural Veterans Day Gala 2022: Requested Amount: $5,000
C) Amount to be determined to SJFP Scholarship Fund for their Channeling Youth Creativity with Fun Event.
2) Receive and file the recap of final amounts for previously approved projects/activities.
MOTION BY COUNCILMEMBER GARCIA , SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to make a finding of public benefit for Items A-C.
13. Introduction and First Reading of Ordinance No. 4326 Amending Sections 74 -1 and 74-31 of the Pomona City Code to Adopt the 2022 Edition of the California Building Standards Code
It is recommended that the City Council introduce, read by title only, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4326 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTIONS 74-1 AND 74-31 OF ARTICLE I, CHAPTER 74 OF THE POMONA CITY CODE BY ADOPTING THE 2022 EDITION OF THE CALIFORNIA CODES AND RELATED MODEL CODES
WITH APPENDICES AND AMENDMENTS THERETO
Development Services Director Anita Gutierrez gave the staff presentation.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER NOLTE, CARRIED 7-0 to introduce, read by title only, waive further and give first reading to Ordinance No. 4326.
14. Program (PJP) - Use of City American Rescue Plan (ARP) Funds
It is recommended that the City Council discuss and provide staff direction regarding the proposal (Attachment No.1) presented by Latino -Latina Roundtable of the San Gabriel and Pomona Valley (LRT), in partnership with the Institute for Ecological Civilization (EcoCiv) and the Wellbeing Economy Alliance California Hub (WEAll), which is seeking funding from the City of Pomona’s American Rescue Plan Act (ARP) funds to help launch the Pomona Jobs Program (the “PJP”).
*Councilmember Nolte exited the City Council chambers for this Item.
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**Please see attachment for emails submitted regarding this item.
Public Comment was as follows:
Mayor Sandoval read the names of people who were in support of this i tem but did not wish to speak, they are as follows:
Donald Martens Maria Galvan Luis M. Juarez
Kathryn Martens Rosemary Rodriguez Mike M. Suarez
Kyle Brown James P. Shirley Miles J. Nolte
Angela Sanbrano Esmeralda Temis Laguna Dr. Laura Burgis
The following speakers spoke in support of the City funding the Pomona Jobs Program with ARP funds
Jose Calderon Estela Ballon Michael Witmer
Megan Anderson James Sanbrano Claudia Bautista
Lidia Manzanares Richard Roger Bunce Karen May
Lina Mira Ian Puschila
Jose Diaz Miranda Sheffield
David Estrada read a letter of support from Mark Ramos UFCW Local 1428.
Philip Clayton summarized the Pomona Jobs Program.
Miranda Sheffield stated she is concerned there is one organization putting forth how to use ARP funds, when other organizations are not able to go through a participatory process. While she commends the goals of the PJP, she does not want this to take away opportunities for other organizations.
Natalie Chaidez read a letter of support from Fairplex CEO Walter Marquez.
City Council asked questions, and made comments regarding the item.
Councilmember Garcia asked staff to provide guidelines to the Latino Round Table, so they may be granted these funds.
Mayor Sandoval proposed that Counci l support the item with conditions, so the proposal meets federal requirements.
City Attorney Carvalho stated staff has been trying to reconcile the proposal with federal requirements but that has not been reached. In addition, if a federal audit takes place, it is a six-month long process. Mayor Sandoval stated that possibly with more time, the proposal could be strengthened to meet federal requirements; but even then, it might not meet those requirements. At that point maybe funding t he proposal through general fund monies may be an option.
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City Attorney Carv alho also stated she has always advised the Council in ways that are highly ethical ways to advise, and thus Councilmember Nolte stepped off the dais to even avoid the appearance of a conflict of interest. She continued to say with all due respect, that when dealing with hundreds of dollars it is important to have processes so that members of the community all feel that they are treated fairly, rather than have a process that is being advocated by a single councilmember. When creating rules about RFP’s and equal access that is important.
Mayor Sandoval requested that staff create a process for the funds that are available for economic development that allows others to participate, preferably in the next sixty days.
He also requested that staff continue to work with Latino Roundtable to strengthen the proposal. City Manager Makshanoff stated staff is willing to do that.
Councilmember Lustr o stated he is supportive of the proposal, but there are stiff regulations surrounding ARP funding, and wants to be sure that the City is not in violation of these regulations. He agreed with Mayor Sandoval, for staff to continue working with the proposal to see if it can be funded with ARP funds.
Councilmember Torres stated that if City uses ARP funds, the majority of the funds must go primarily to the community programs versus administrative cost or salaries. He asked that staff ensure the proposal meet the federal requirements.
Councilmember Ontiveros-Cole asked questions about the proposal. She also expressed concern with meeting federal requirements.
Councilmember Torres asked if Councilmember Nolte has a real conflict of interest regarding this item. City Attorney Carvalho answered she discussed the potential conflicts of interest with Councilmember Nolte. She did not find a ny conflicts of interest under the California Political Reform Act or under CA Gov ernment Code Section 1090; there is an issue with respect to federal regulations that say an elected official cannot participate in the making of a decision where they might have an interest. That law does not require a disclosure, so Councilmember Nolte excused himself tonight in an abundance of caution.
He wanted to avoid the appearance of a conflict of interest . Mayor Sandoval requested that Councilmember Nolte refrain from participating in future meetings regarding this item.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER NOLTE ABSENT FROM THE DAIS) to direct staff to continue working with the Latino Round Table PJP proposal to help meet federal regulations, and to create a process that allows other community groups to apply for funding.
PUBLIC HEARINGS
15. Introduction and First Reading of an Ordinance Awarding Non -Exclusive Towing Franchises for City-Initiated Tows to Four (4) Franchises
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It is recommended that the City Council take the following actions:
1) Open the public hearing and after receiving testimony and public comment, close the public hearing;
2) Introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4325 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AWARDING NON -EXCLUSIVE TOWING FRANCHISES FOR CITY-INITIATED TOWS TO SANDERS TOWING INC., S&J TOWING SERVICE, INC., CARPE CARMA, L.L.C., DBA POMONA VALLEY TOWING, INC., AND AL & SON’S TOWI NG, INC. FOR A TERM OF THREE YEARS
No staff presentation.
The Mayor opened the public hearing.
There were no public speakers.
The Mayor closed the public hearing.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR ONTIVEROS - COLE CARRIED 6 -0 (COUNCILMEMBER PRECIADO ABSENT FROM THE DAIS ) to introduce, waive further, and give first reading to Ordinance No. 4325.
16. Appeal of Historic Preservation Commission Decision to Deny the Request for a Major Certificate of Appropriateness (MAJCOA-018024-2022) to Demolish a Six-Unit Multi-Family Development and One Single -Family Dwelling Constructed Prior to 1945 (Continued from November 21, 2022 Council Meeting)
It is recommended that the City Council adopt one of the following resolutions:
RESOLUTION NO. 2022 -208 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA -018024-2022) FOR THE DEMOLITION OF PRE-1945 STRUCTURES LOCATED AT 548 AND 554 W. CENTER STREET (APN: 8340-030-006 & 8340-030-012)
or
RESOLUTION NO. 2022 -212 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA -018024-2022) TO ALLOW FOR THE DEMOLITION OF PRE -1945 STRUCTURES LOCATED AT 548 AND 554 W.
CENTER STREET (APN: 8340-030-006 & 8340-030-012)
City Council / Housing Authority / Meeting Minutes December 5, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 16
*This item was pulled by Mayor Sandoval to be discussed at the January 23, 2023 City Council Meeting. He allowed speakers of this item to speak during Public Comment. Please see attachment for emails submitted regarding this item.
ADJOURNMENT
The City Council Meeting adjourned at 10:33 p.m. on December 5, 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