CLOSED SESSION
5:30 P.M. Chuck Bader Conference Room
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b))
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))
Citizens for Amending Prop L, et al. v. City of Pomona, et al.
LASC Case No. 19STCP00482
C) CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Julian Shelby Bryant, a minor, By and Through His Guardian Ad Litem, Rochelle Bryant and Jerry Bryant vs. City of Pomona; and Foothill Transit and DOES 1 to 20; City of Pomona vs. James Edward Reed, Jr. Foothill Transit; and DOES 1 through 20, Inclusive
Superior Court Case No. 19STCV46308
505 S. Garey Ave
Pomona, CA 91766 City of Pomona
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, November 21, 2022
Regular Meeting Minutes
REVISED MINUTES
Council Chambers
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D) 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)
E) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Pomona City Employees’ Association, a Chapter of Teamsters Local 1932 Labor Negotiators: James Makshanoff and René Anderson
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 Lustro led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: Vice Mayor Elizabeth Ontiveros-Cole
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
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Maricela Miotto, contracted by the City, provided translation services.
PRESENTATIONS
*Proclamation Recognizing November 2022 as “N ational Gratitude Month” in the City of Pomona.
Jan accepted the proclamation and spoke about the importance of gratefulness. *Proclamation Recognizing November 2022 as “Family Court Awareness Month” in the City of Pomona.
Sandy Ross accepted the proclamation and spoke about the importance of training on child safety.
*Presentation by the Pomona Police Department on Calls-for-Service Response Times.
Police Chief Michael Ellis gave an introduction. Records Manager Matt Murphy and Dispatch Manager Kendra Farmer together gav e a presentation on how the Pomona Police Department process calls for service.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Preciado gave thanks to the PPOA for handing out turkeys and stuffing throughout the City. He asked that people spend time with their families on Thursday and gave thanks to everyone for attending tonight’s meeting.
Councilmember Garcia gave thanks to G od’s Pantry, working with Councilmember Preciado, for donating weekly food deliveries to Pomona’s Families, especially this week.
She advised the community to practice gratit ude, be grateful for what you have and stated that the Friday after Thanksgiving is Native American recognition day.
Councilmember Lustro gave thanks to those who attended the District 5 Area Commander meeting on November 9 with Pomona PD. He announced the next Household Hazardous Waste Round Up day would be Saturday, December 17, at Bracket Field in La Verne. He wished everyone a Happy Thanksgiving.
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
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Council meetings. However, they will be included as part of the record/meeting minutes.
Live Comments were as follows:
Everia Condon discussed the treatment she re ceived at Walgreens from both Walgreens Staff and from the Pomona Police department.
Donna Otero expressed disappointment in Cit y Council’s lack of recognition of Native American month.
Dee Ybarra requested that the City recognize Native Americans on the following days:
California Native Day, Indigenous People’s day , and to also recognize November as the National Native American Heritage Month.
Julie Anne Wheeler, representative of Restor ative Practices Collaborative, proposed that the City of Pomona use mediation to address public complaints about the Pomona Police.
Emiliano C. Martinez stated indigenous people need more recognition from the City and asked Council to see what the City can do with their resources and budgets to support Native Americans.
Tremale Edward Ratcliffe with Just Us 4 Yout h to promote that they will hold a fundraiser on December 15, at the Toyota Arena. All ti cket sales will go towards funding the youth of Pomona.
Elinor Crescenzi discussed Pomona’s zero wa ste initiative that passed in a previous resolution. She asked what direction did the Council give to staff to meet that goal. She asked what action Council would take now.
Gustavo Ramirez discussed the genocide of Native Americans that took place in North Pomona about 200 years ago. He also asked for a moment of silence to honor the victims of the recent Colorado shooting at a Trans Day Awareness fundraiser. He requested that the Council make November Native American Heritage Month.
Jacky Elizalde, district field representative for Norma Torres, discussed two federal grants available to Cities: Solid Waste for Infras tructure Program and Recycling Education and Outreach Program.
Evelia Rocha, with Pomona United for St able Housing, stated the permanent Rent Stabilization ordinance needs to be made permanent sooner rather than later.
Yesenia Miranda Meza, with Pomona United for Stable Housing, stated the organization needs to be brought to the table because they have insights for the Rent Stabilization Ordinance.
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Vanessa Marquez, a member of several inte r-tribal organizations, requested that Council give more acknowledgement to Indigenous people. She also stated that Gustavo Ramirez made a guide for homeless individuals that are looking for housing, and anyone who would like one could get it from him.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COLE ABSENT) to approve the Consent Calendar except for Item No. 16, which was pulled for public comment, and Item No. 17, which was pulled by Councilmember Torres to be voted on in separate motion.
**After the Consent Calendar was approved , with the exception of Items 16 and 17, the Items were heard in the following order per the request of Mayor Sandoval:
Public Hearing Items 23 and 24, Discussion Calendar Item 21, Consent Calendar items 16 and 17; and Discussion Calendar Item 22.
1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes
It is recommended that the City Council appr ove the following City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
October 17, 2022 Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to approve the meeting minutes of October 17, 2022.
2. Adopt a Resolution Amending the FY 2022-23 Operating Budget by Increasing Appropriations by $236,792 from Existing Art Fund Balance and Approving Exhibit A:
List of Call for Visual Art Awardees
It is recommended that the City Council, adopt the following resolution:
RESOLUTION NO. 2022-163 - A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AM ENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING APPROPRIATIONS BY $236,792 TO ACCOUNT FOR PUBLIC ART ACTIVITIES AND APPROVING EXHIBIT A: LIST OF CALL FOR
VISUAL ART AWARDEES
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-163.
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3. Resolution Amending the FY 2022-23 C apital Improvement Program (CIP) by Appropriating $1,383,000 of Federal Grant Funds and Award of Construction Contract to Gentry Brothers, Inc. In the Amount of $1,539,545
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-200 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING GRANT FUNDS, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $1,383,000 OF FEDERAL STP-L GRANT FUNDS TO “STREET REHABILITATION -
DISTRICTS 4 AND 5,” CITY PROJECT NO. 428-2590-XXXXX-67922, FEDERAL PROJECT NO. STPL-5070(038)
2) Award a construction contract to Gentry Brothers, Inc. for “Street Rehabilitation - Districts 4 and 5,” City Project No. 428- 2590-XXXXX-67922, Federal Project No.
STPL-5070(038) in the amount of $1,539,545;
3) Find that the project referenced above is categorically exempt from the California Environment Quality Act (CEQA) purs uant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and
4) Authorize the City Manager, or his designee, to execute the construction contract/agreement and related documents (permits, change orders, etc.).
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-200.
4. Resolution Amending the FY-22-23 Capital Improvement Program (CIP) Budget by Creating a new Project, “Police Parking Lot Renovations” and Appropriating $44,819 of available Series “BI (AX/AI)” Bond Proceeds to the Project
It is recommended that the City Council adopt the following resolution:
1) Adopt the following resolution:
RESOLUTION NO. 2022-157 - A RESOLU TION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF
CALIFORNIA OFFICE OF TRAFFI C SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $485,000 AND AMENDING THE FY 2022-23 OPERATING BUDGET TO INCREASE
REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF
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$485,000
RESOLUTION NO. 2022-195 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 22-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT, “POLICE PARKING LOT RENOVATIONS,” PROJECT NO.
428-2590-XXXXX-71083 AND APPROPRIATING $44,819 OF SERIES “BI (AX/AI)” BOND PROCEEDS TO THE PROJECT
2) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-157 2022-195.
5. Consideration of a Finding of Public C onvenience or Necessity (PCN) to allow for an Off-Sale Beer & Wine License in Conj unction with a Convenience Store Located at 42 Rio Rancho Road
It is recommended that the City Council take the following actions:
RESOLUTION NO. 2022-197 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING A REQUEST FOR A FINDING OF
PUBLIC CONVENIENCE AND NECESSITY AS REQUIRED FOR AN OFF-SALE BEER AND WINE LICENSE (TYPE 20) IN CONJUNCTION WITH A
CONVENIENCE STORE AT 42 RIO RANCHO ROAD
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-197.
6. Approval of 12 Mills Act Contracts
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2022-181 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 472 PRECIADO STREET
RESOLUTION NO. 2022-184 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 1280 LOS ROBLES PLACE
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RESOLUTION NO. 2022-185 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 512 E. MCKINLEY AVENUE
RESOLUTION NO. 2022-186 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 305 E. COLUMBIA AVENUE
RESOLUTION NO. 2022-187 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 370 E. PEARL STREET
RESOLUTION NO. 2022-188 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 1507 N. PARK AVENUE
RESOLUTION NO. 2022-189 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 278 E. GARFIELD AVENUE
RESOLUTION NO. 2022-190 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 305 E. JEFFERSON AVENUE
RESOLUTION NO. 2022-191 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 573 E. KINGSLEY AVENUE
RESOLUTION NO. 2022-192 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 311 E. PASADENA STREET
RESOLUTION NO. 2022-210 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 533 E. ALVARADO STREET
RESOLUTION NO. 2022-211 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 549 E. ALVARADO STREET
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COL E ABSENT) to adopt Resolution No.’s 2022-181, 2022-184, 2022-185, 2022-186, 2022-187, 2022-188, 2022-189, 2022-190, 2022-191, 2022-192, 2022-210, 2022-211.
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7. Approval of Summary Vacation VU1-2022 of the City’s Unused ADA Path of Travel Easement Located within the Property Asso ciated with Assessor Parcel Numbers 8326-006-010 & -011 and Related to the Commercial Facility at 1131 E. Second Street, Pomona, CA and Approval of Quitclaim Deed for the Vacated Easement (Council District 3)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-183 - A RESOLU TION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY
VACATION VU1-2022 OF THE CITY’S UNUSED ADA PATH OF TRAVEL
EASEMENT LOCATED WITHIN THE PROPERTY ASSOCIATED WITH
ASSESSOR PARCEL NUMBERS 8326-006-010 & -011 AND RELATED TO THE COMMERCIAL FACILITY AT 1131 E. SECOND STREET, POMONA, CA
AND APPROVAL OF QUITCLAIM DEED FOR THE VACATED EASEMENT
2) Authorize the City Manager to execute t he quitclaim deed on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-183.
8. Approve a Resolution Providing Notice of Intent to Award Non-Exclusive Towing Franchises for City-Initiated Tows to Four (4) Franchises and Setting a Public Hearing to Introduce a Towing Franchise Ordinance
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-177 - A RESOLU TION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, DECLARING ITS INTENT TO GRANT
THREE-YEAR NON-EXCLUSIVE TOWING FRANCHISES FOR
CITY-INITIATED TOWS AND SETTING THE PUBLIC HEARING TO
INTRODUCE THE TOW FRANCHISE ORDINANCE
2) Approve extension of the current to w franchise agreement from January 2, 2023 through January 18, 2023.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-177.
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9. Acceptance of the U.S. Department of Justice Edward Bryne Memorial Justice Assistance Grant Fiscal Year 2022
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-179 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE U.S. DEPARTMENT
OF JUSTICE EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD IN THE AMOUNT OF $66,382, AND AMENDING THE FY 2022-23
OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS SECURITY GRANT IN THE AMOUNT OF $72,000 AND AMENDING THE FY 2022-23 OPERAT ING BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATIONS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-179.
10. Adoption of a Resolution Accepting the 2021 State Homeland Security Grant Program (SHSGP) Sub-Recipient Award
It is recommended that the City Council adopt the following actions:
RESOLUTION NO. 2022-180 - A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE 2021 STATE HOMELAND SECURITY GRANT IN THE AMOUNT OF $72,000 AND AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-180.
11. Acceptance of Standards and Training for Corrections (STC) Grant in the Amount of $25,383
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-201 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA ACCEPTING THE STANDARDS AND
TRAINING FOR CORRECTIONS (STC) G RANT IN THE AMOUNT OF $25,383 AND AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATIONS IN THE SAME AMOUNT
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-201.
12. Acceptance of FY 2022 U.S Department of Justice Office of Community Oriented Policing Services (COPS) Technology and Equipment Program Grant
It is recommended that the City Council take the following actions:
1) Adopt the follow resolution:
RESOLUTION NO. 2022-198 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE 2022 OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES TECHNOLOGY AND
EQUIPMENT PROGRAM GRANT IN THE AMOUNT OF $3,404,000 AND
AMENDING THE FY 2022-23 OPERAT ING BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATIONS
2) Approve a sole-source purchase to Mo torola solutions, Inc. in the amount of $3,615,352.
3)
Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-198.
13. Award of Contract to Barr and Clark, Inc. for Lead Inspector and Risk Assessor Services for the City’s Various Housing Programs
It is recommended that the City Council undertake the following actions:
1) Award a contract to Barr and Clark, In c. to provide lead inspection and risk assessment services for the City’s various housing programs for an amount not to exceed $182,950 and a contract term of th ree years, with an option to extend for two additional one-year terms; and,
2) Authorize the City Manager, or his des ignee, to execute the contract, and any extension required to utilize unexpended grant funds subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-CO LE ABSENT) to award a contract to City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
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Barr and Clark, Inc. to provide lead inspection and risk assessment services for the City’s various housing programs fo r an amount not to exceed $182,950 and a contract term of three years, with an opt ion to extend for two additional one-year terms; and, authorize the City Manager, or his designee, to execute the contract, and any extension required to utilize unexpended grant funds subject to review by the City Attorney.
14. Award a Bid to Morton Salt for the Purchase of Bulk Sodium Chloride
It is recommended that the City Council take the following actions:
1) Award a bid to Morton Salt for the purchase of bulk sodium chloride, at the prices bid, for a three-year term; and,
2) Authorize the City Manager, or designee, to execute any subsequent changes or amendments thereto, on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COL E ABSENT) to award a bid to Morton Salt for the purchase of bulk sodium chlori de, at the prices bid, for a three-year term; and to authorize the City Manager, or designee, to execute any subsequent changes or amendments thereto, on behalf of the City.
15. Resolution Amending the FY 2022-2023 C apital Improvement Program (CIP) Budget by Appropriating $30,000 of Park and Re creation Improvement Fee Funds for “Westmont Community Center Entryway Trellis” Project
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-205 - A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AM ENDING THE FY 2022-2023 CAPITAL IMPROVEENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $30,000 OF PARK AND RECREATION IMPROVEMENT FEE FUNDS FROM “PHIL AND NELL SOTO PARK,” PROJECT NO. 428-2590-XXXXX-71040 AND
APPROPRIAING THE $30,000 OF PARK AND RECREATION IMPROVEMENT FEE FUNDS TO “WESTMONT COMMUNITY CENTER ENTRYWAY TRELLIS,” PROJECT NO. 428-2590-XXXXX-71071
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-205.
16. Award an Agreement for Contractor Services to RSG, Inc. for Rent Stabilization Consultant Services
It is recommended that the City Council take the following actions:
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1) Award an Agreement for Contractor Services to RSG, Inc., not to exceed a maximum annual amount of $479,090 for Rent Stabilization Consultant Services; and
2) Authorize the City Manager to execute a two-year agreement, with two one-year renewal options, with RSG, Inc. and any subsequent documents or amendments, subject to review and approval by the City Attorney.
*This item was pulled for public comment
Public Speaker Gregory Burke Estel spoke in opposition to item 16.
Public Speaker Yesenia Miranda Meza stated she supported the item but would like to see PUSH at the table to participate with the consultants.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR SANDOVAL, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COLE ABSENT) to award an Agreement for Contractor Services to RSG, Inc., not to exceed a maximum annual amount of $479,090 for Rent Stabilization Consultant Se rvices; and authorize the City Manager to execute a two-year agreement, with two one-year renewal options, with RSG, Inc. and any subsequent documents or amendments, subject to review and approval by the City Attorney.
17. Approval of Second Amendment to Inte rim Use Agreement with Fairplex Regarding Processing of Specific Plan Application and Interim Use of Property
It is recommended that the City Counc il approve a Second Amendment to the Interim Use of Fairplex Agreement (“Agreement”) and authorize the Mayor to execute on behalf of City.
*This item was pulled by Councilmember Torres for a separate vote.
Councilmembers Torres discussed that he has received a lot of negative feedback from both Pomona and La Verne residents regarding this agreement, therefore he is voting against this.
MOTION BY MAYOR SANDOVAL, SEC OND BY COUNCILMEMBER GARCIA, CARRIED 6-1, (COUNCILMEMBER TORRE S IN OPPOSITION, VICE MAYOR ONTIVEROS-COLE ABSENT) to approve a Second Amendment to the Interim Use of Fairplex Agreement (“Agreement”) and aut horize the Mayor to execute on behalf of City.
18. Approve the Purchase of Five (5) 2023 Ford Police Interceptor Utility Vehicles from National Auto Fleet Group in the Amount of $254,194
It is recommended that the City Council approve the purchase of five (5) City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
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City of Pomona Page 14
replacement Police interceptor utility vehicl es from National Auto Fleet Group in the estimated total amount of $254,194, utilizing Sourcewell Contract #091521-NAF.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COL E ABSENT) to approve the purchase of five (5) replacement Police interceptor ut ility vehicles from National Auto Fleet Group in the estimated total amount of $254,194, utilizing Sourcewell Contract #091521-NAF.
19. Amending the Fiscal Year (FY) 2022-23 City Operating Budget to Increase Revenue Estimates and Appropriations in t he Amount of $280,219 in Community Development Block Grant (CDBG), Emer gency Solutions Grant (ESG) and Measure H Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-209 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AME NDING THE FISCAL YEAR (FY) 2022-23
CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $280,219 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, EMERGENCY SOLUTIONS
GRANT (ESG) FUNDS AND MEASURE H FUNDS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-C OLE ABSENT) to adopt Resolution No. 2022-209.
20. Amendment to the Contract with Open Box Designs LLC to Provide COVID-19 Community Engagement Coordination Services
It is recommended that the City Council take the following actions:
1) Amend the contract with Open Box Designs LLC to provide COVID-19 community engagement coordination services in an amount not to exceed $85,000, increasing the total award to $184,000; and
2) Authorize the City Manager or his designee to execute the contract and any amendments or extensions thereto, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0, (VICE MAYOR ONTIVEROS-CO LE ABSENT) to amend the contract with Open Box Designs LLC to prov ide COVID-19 community engagement coordination services in an amount not to exceed $85,000, increasing the total award to $184,000; and Authorize the City Manager or his designee to execute the contract and any amendments or extensions thereto, subject to review by the City Attorney.
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Redevelopment Agency
City of Pomona Page 15
DISCUSSION CALENDAR
21. 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) recomme nded and make the finding that the community at large will receive a public b enefit from the expenditure of funds for the recommended item(s); and
A) Amount to be determined to Victory Ou treach in support of Live Christmas Production, Toy Give-A-Way and Pancakes with Santa Breakfast: Requested Amount: $3,000
B) Amount to be determined to Fox T heater Pomona in support of La Gran Posada: Requested Amount: $1K – 10K
C) Amount to be determined to Bithiah’s Family Services in support of 2nd Annual Fostering Hope Gala: Requested Amount: $1,200
D) Amount to be determined to Cal Poly Pomona Philanthropic Foundation in support of Communications Alumni Night 2022 to fund the Legacy Scholarship: Requested Amount: $1,800
E) Amount to be determined to Pomona Inland Valley Martin Luther King Jr.
Project in support of 41st Annual Celebration: Requested Amount: $1,000
F) Amount to be determined to St. Madelei ne Catholic Church in support of Our Lady of Guadalupe Procession: Requested Amount: TBD – cost for two PD escorts
G) Amount to be determined to Just Us 4 Youth in support of Hygiene Kits:
Requested Amount: $700
H) Amount to be determined to Celebrating a Vision in support of 5th Annual Helicopter Ride: Requested Amount: $1,000
I) Amount to be determined to Downto wn Pomona Owners Association in support of Pomona Holiday Parade: Requested Amount: $14,906
J) Amount to be determined to Valley Indoor Swap Meet in support of 14 th
Annual Toy Giveaway: Requested Amount: $500
K) Amount to be determined for Council Holiday Gift/Food Drive: Requested Amount: TBD
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Redevelopment Agency
City of Pomona Page 16
L) Amount to be determined to African Am erican Advisory Alliance in support of Kwanzaa Joy Celebration: Requested Amount: $2,500
M) Amount to be determined to Pomona Community Foundation in support of Pomona Children’s Festival: Requested Amount: $2,500
N) Amount to be determined to Sowing Seeds for Life in support of 15 th Annual Holiday Event: Requested Amount $1,000
O) Amount to be determined to Pomona Unified School District to cover costs associated with use of facilities for City Community Meeting: TBD
2) Receive and file the recap of fi nal amounts for previously approved projects/activities.
Public Speaker Rachel Boell spoke in support of item B.
MOTION BY MAYOR SANDOVAL, SEC OND BY COUNCILMEMBER GARCIA, CARRIED 6-0, (VICE MAYOR ONTIVEROS-COLE ABSENT) to make a finding of public benefit for Items A-I.
22. Receive and File the Fiscal Year 2021-22 Unaudited Year-End Overview, Review the Fiscal Year 2022-23 General Fund 1st Quarter Budget Review, and Adopt a Resolution Amending the Fiscal Year 2022-23 Operating and CIP Budget and Amend the American Rescue Plan (ARP) Spending Plan
It is recommended that the City Council take the following actions:
1) Receive and file the Fiscal Year (FY) 2021-22 Unaudited Year-End Overview
2) Review the FY 2022-23 General F und 1st Quarter Budget Report; and
3) Adopt the following resolutions:
RESOLUTION NO. 2022-206 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23
OPERATIONAL BUDGET BY INCREASING REVENUE ESTIMATES BY
$8,208,490 AND APPROPRIATIONS BY $7,881,742 AND AMEND THE
AMERICAN RESCUE PLAN (ARP) SPENDING PLAN
RESOLUTION NO. 2022-207 - A RESOLU TION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CITY OPERATING BUDGET BY UNAPPROPRIATING $657,127 OF CDBG GRANT FUNDING FROM (213-1791- 52350-00000) (EXHIBIT A - SECTION 1) AND AMENDING THE FY 2022-23 CIP BUDGET BY APPROPRIATING $657,127 OF CDBG GRANT FUNDING AS INDICATED IN EXHIBIT A SECTION 2 AND FURTHER UNAPPROPRIATING AND APPROPRIATING $20,000 OF CDBG City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 17
GRANT FUND AS INDICATED IN EXHIBIT A SECTION 3
Finance Director Andrew Mowbray gave the staff presentation.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (VICE MAYOR ONTIVEROS-COL E ABSENT) to receive and file the Fiscal Year (FY) 2021-22 Unaudited Year-End Overview, review the FY 2022-23 General Fund 1st Quarter Budget Report; a nd adopt Resolution No’s 2022-206 and 2022-207.
PUBLIC HEARINGS
23. Introduction and First Reading of an Ordinance Awarding an Exclusive Franchise Agreement to Arakelian Enterprises, In c. dba Athens Services for Residential and Commercial Solid Waste, Recyclable Materials, and Organic Waste Collection Services
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 and introduce and waive first reading of the following ordinance:
ORDINANCE NO. 4323 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AWARDING AN EXCLUSIVE
FRANCHISE AGREEMENT TO ARAKELI AN ENTERPRISES, INC. DBA
ATHEN SERVICES FOR RESIDENTIAL AND COMMERCIAL SOLID
WASTE, RECYCLABLE MATERIALS, AND ORGANIC WASTE
COLLECTION SERIVCES
2) Reject the bid protest submitted by Va lley Vista Services as meritless, unless otherwise directed.
Public Works Director Rene Guerrero gave a su mmary of the contract and introduced R3 Consulting group to give a presentation.
Garth Schultz with R3 Consulting Group gav e a presentation on the consulting group’s recommendation.
Gary Clifford, Vice President of Athens, spoke in support of Athens.
*Please see attachment for emails submitted regarding this item.
Public Comment was as follows:
The following speakers spoke in opposition to the item:
City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 18
Richard Nino
Juan Alcala
The following speakers spoke in support of the item:
Paul Avila
Christian Verdugo
Carlos Gonzales
Roberto Arnold
Carlos Rodriguez
Jonathan Armando Morales
Ernesto A. Villegas
Ramiro Villa Gomez
Juan Valdez
Ruben Rodriguez
Lynn Fang spoke about the need for the agreement to not be exclusive so that local, community composting can continue.
Arturo Quezada expressed concern about the increase in rates for residents and asked that City Council look at what the rates would be with other trash hauling company.
Maribel Quesada spoke about her experience with local composting.
Ellie Rae O’Bosky spoke about her experience supporting local composting at the farmer’s market by engaging with community members.
Elinor Crescenzi spoke about local composting being different from industrial composting, and the need to consider environmental fact ors when evaluating waste processing proposals.
Jasmin Jimenez spoke about the importance of local composting.
Councilmembers asked questions to staff and made comments regarding this item.
Council Garcia rejected the bid protest. She expressed concern for outsourcing services because past contracts have not always worked out as planned, and stated the council needs to be pro-active with the challenges fa cing the City. Councilmember Garcia also stated the City needs to already have internship programs for the youth of Pomona, so they have opportunities to attain jobs wit h the City. Councilmember also expressed concern with Athens’ commitment to the Pomona community, but did thank Teamsters and Athens for coming together to find an agreement that worked for City employees that may be displaced.
Councilmember Lustro asked if community co mposting would be allowed to continue with this agreement. Director Guerrero stated ther e is language in the franchise agreement that excludes community composti ng from their waste stream . Councilmember Lustro also stated he was satisfied with th e procurement officer Ed Segura’s response regarding the City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 19
bid protest, and therefore also rejected that the bid protest has any merit. Councilmember Lustro stated the process to figure out how to move forward with Solid Waste collection was the best the City could have done to find something that works for the City, City Employees, and residents. Councilmember Lustro agreed that from an economic standpoint, the City does need to be more pro- active in addressing future costs and challenges. He also thanked Teamsters and Athens for their coming together.
Councilmember Nolte agreed that the bid protest is meritless as Valley Vista was given the same instructions as other bidders. He ask ed if community composters could report their waste collection directly to the City, or only to Athens. Director Guerrero responded they can report to the City, and Athens will not be able to protest local composting groups collaborating with food generators. Councilmember Nolte asked if they could report on a quarterly basis rather than a monthly one as stated in the staff report. Director Guerrero stated yes, that could be done. Councilmember Nolte asked if bulky item and illegal dumping pick-ups could be improved with a pr o-active approach. Director Guerrero advised that currently there is not enough manpower to be pro-active but with Athens, response times to pick-up illegal dumping will impr ove. Councilmember Nolte stated that at this point, contracting is the right choice as the rate increase is much more gradual in comparison to what it would be if services were kept in-house.
Councilmember Preciado asked if Council can see a written document that shows what the other two bidders were offering the City, and if they can add changes to their agreement.
City Attorney Carvalho explained that what the other companies offered was previously made available to the public. The direction at the previous meeting was to re-negotiate with Athens to update the agreement. In addition, the bidding process gives the right to negotiate to only the top bidder. Councilmem ber Preciado asked what the accountability standards would be. Director Guerrero clarifi ed there will be reports submitted to the City, and administrative charges can be levied against Athens if there are proven shortcomings to the agreement.
Mayor Sandoval gave thanks to everyone involved in this bid process. He asked if the solid waste workers, as employees with Athens, would continue to be represented by Teamsters 1932. Carlos Gonzalez, Union Representativ e, confirmed this is true, and quite groundbreaking. Mayor Sandoval also stated he requested an apprenticeship program for residents of Pomona who want a career in solid waste, and the program will be a collaboration between the Union and Athens . Mayor Sandoval asked Athens Vice President Gary Clifford about the increase in illegal dumping pick-up services. Vice President Clifford stated there would be an incr ease in those pro-active services. Mayor Sandoval asked if within a 6-month period, after leaving the City to Athens, if a position opens in the City, these employees would be eligible to return to the City. Director Guerrero advised, yes. Mayor Sandoval also asked if Athens would commit to having signage that shows the beauty of Pomona on th e Athens trucks. Vice President Gary Clifford stated yes. Mayor Sandoval asked that Athens and the City collaborate positively with community composters. Vice President Clifford stated they do want to co-exist and
have a good working relationship with communi ty groups that are doing the community City Council / Housing Authority / Meeting Minutes November 21, 2022 Successor Agency to the
Redevelopment Agency
City of Pomona Page 20
composting. He stated they have a sustainability manager to foster that relationship. Mayor Sandoval asked if customers who pay their tras h bill with a credit card, would have to pay additional fees. Vice President Clifford stated all fees are listed in the agreement. Mayor Sandoval rejected the bid protest as Val Vista failed to submit their bid in a timely manner.
MOTION BY COUNCIL MEMBER LUSTR O, SECOND BY COUNCILMEMBER NOLTE CARRIED 5-1 (COUNCILMEMBER GARCI A IN OPPOSITION, VICE MAYOR ONTIVEROS-COLE ABSENT) to introduce and waive first reading of Ordinance No. 4323 and reject the bid protest submitted by Valley Vista Services as meritless.
24. Appeal of Historic Preservation Commission Decision to Deny the Request for a Major Certificate of Appropriateness (MAJC OA-018024-2022) to Demolish a Six-Unit Multi-Family Development and One Single- Family Dwelling Cons tructed Prior to 1945
It is recommended that the City Council adopt one of the following resolutions:
RESOLUTION NO. 2022-208 - A RESOLUT ION 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 RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, A PPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-018 024-2022) TO ALLOW FOR THE
DEMOLITION OF PRE-1945 STRUCTURES LOCATED AT 548 AND 554 W.
CENTER STREET (APN: 8340-030-006 & 8340-030-012)
Development Services Director Anita Gutierrez gave the staff presentation.
Historic Preservation Supervisor Geoffrey Starns continued the staff presentation.
The appellant Mary-Ann Golbesh spoke on behalf of the property owner.
Public Comment was as follows:
The following speakers spoke in opposition to demolition Leticia Avila
Jazmin Claar
Alyssa Carrillo
Yesenia Miranda Meza
Evelia Rocha
Councilmembers asked questions to staff and made comments regarding this item.
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City of Pomona Page 21
Mayor Sandoval asked why the property is not considered to have historical significance.
Director Gutierrez stated that in addition to ti me, there would need to be association with a historical event, a significant per son, and/or significant industry. In addition, the integrity of the original structure has been diminished. Mayor Sandoval asked if the City could put conditions to help mediate between the occu pants and the property owners/developers.
City Attorney Carvalho advised staff could come back with potential problem solving.
Councilmember Garcia stated she would be supportive of staff returning at a later time with mediation results. She stated various pa rts in South Pomona would be considered historically significant if they were located in a different neighborhood.
Councilmember Nolte explained why he agreed with the Histori c Preservation Commission decision.
Councilmember Lustro stated if necessary, he would support mediation. He asked for further clarification regarding the findings of the Historic Preservation Commission.
Mayor Sandoval asked Mary-Ann Golbesh if they are open to mediation. She stated yes.
Mayor Sandoval then asked Yesenia Miranda Meza, representative of PUSH, if the tenants are open to mediation. Yesenia asked if mediation would be necessary if there are findings that the property is a historical preserva tion site. Councilmember Nolte suggested that exploring mediation would not hurt. Mayor stated the decision would be moved to the December 5th meeting to give time to the tenants to decide if they are open to mediation or not.
MOTION BY MAYOR SANDOVAL, SEC OND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (VICE MAYOR ONTIVEROS-COLE ABSENT) to move the item to the December 5th City Council Meeting.
ADJOURNMENT
The City Council Meeting adjourned at 12:02 a.m. on November 22, 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