505 S. Garey Ave
City of Pomona Pomona, CA 91766
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
Vice Mayor John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember 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.
Monday, April 17, 2023 7:00 PM Council Chambers
CLOSED SESSION
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: 8 Rio Rancho Road, Pomona CA
(APN: 8344-402-013)
Negotiating Party: Rio Ventures Group LLC
City's Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
B) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Part Time Unrepresented Employees
Part Time General Employees Unit
Unrepresented Group A and B Employees
Unrepresented Mid-Management Group C-2 Employees
Pomona City Employees' Association, a Chapter of Teamsters Local 1932 Pomona Mid-Management Confidential Employees Association (PMMCEA) Pomona Police Officers Association (PPOA)
Pomona Police Managers Association (PPMA)
Labor Negotiators: James Makshanoff and René Anderson
City Council / Housing Authority / Meeting Minutes April 17, 2023 Successor Agency to the
Redevelopment Agency
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 Sonia Carvalho advised Closed Session began at 5:30 p.m. and noted Councilmember Ontiveros-Cole and Councilmember Torres were absent. Councilmember Garcia arrived at 5:40 p.m. and there was no reportable action.
PLEDGE OF ALLEGIANCE
Mayor Sandoval led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Vice Mayor John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: None
STAFF PRESENT
James Makshanoff, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Diana Robles, Deputy City Clerk
Maricela Miotto, contracted by the City, provided translation services.
PRESENTATIONS
*Proclamation Recognizing April 23-29, 2023 as National Library Week in the City of Pomona
Library Reference Supervisor Pat Lambert accepted the proclamation and accepted a Certificate of Recognition from Senator Susan Rubio's office, provided by Anthony Moreno.
Deputy Director of Library Services Anita Gutierrez commended Pat Lambert for her 30+ years of service in the Pomona Library. Pat Lambert spoke of the importance of libraries in communities, and invited everyone to visit the Pomona Library.
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MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Ontiveros-Cole visited Lopez Urban Farming and encouraged everyone to visit as well. She worked with a business to collect canned goods for the community. She attended a Community Meeting with Lt. Terrell from the Pomona Police Department.
Councilmember Torres thanked the City and Valley Vista Services for the Annual Spring Cleaning event that took place last week.
Councilmember Preciado announced Cal Poly Pomona's Town and Gown Ride would take place on Friday, April 21. It is a bike ride that begins at the Cal Poly Pomona Campus and continues through the City. On Sunday, April 23, the Heart of the Foothills event will take place. Lastly, he advised the 909-Market is the business that donated the canned good discussed by Councilmember Ontiveros-Cole.
Councilmember Garcia announced Pomona Valley Transportation Authority held its meeting with its first woman and person of color Chair, Nicole Carranza. The PVTA runs the Get About transportation service in Pomona, which provides low cost door-to-door transportation for seniors (60+) and disabled persons in the City of Pomona.
CITY MANAGER COMMUNICATIONS
City Manager Makshanoff announced vacancies that are on the Board of Library Trustees, and on the Phillips Ranch Assessment District Oversight Committee. Any residents interested in filling those vacancies should contact the City Clerk's office. He also announced a new Community Services Department program for lifeguard training to Pomona Teens. Lastly, on Wednesday, April 19, the Library will be hosting a Sustainability Recycling event with Athens.
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:
James Knickerboker stated he brought video footage of a pothole in the alley behind his place of residence and advised he wanted to share that with someone who could help.
James Williams, from Pomona Valley Food Bank, invited everyone to a fundraiser taking place on May 20 at Ganesha Park for a community member who has served the community for many years.
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Rodney Allen Rippy expressed support for the fundraiser and advised the funds will also support the Food Bank itself. He invited local business to participate and become sponsors.
Randy Bekendam, from Amy's Farm, discussed food sovereignty and described the operations at the farm, including regenerative farming methods. He advised the City could create the same level of food sovereignty in Pomona, depending on the requirements they establish for a farm and how many acres of land they allow to be farmed.
Pastor Allan Espinoza, with God Provides Ministry Pomona Valley Food Bank, discussed their community work through the City and surrounding regions.
Ellie O'Bosky, from The Food Collective, discussed her concerns and frustrations with the process for how the City decided to adopt the Exclusive Franchise agreement with Athens, and hopes that the process can be different for the next major decision.
Elinor Crescenzi discussed differences in power between different stakeholders during the adoption of the Exclusive Franchise agreement with Athens. She also requested a moment of silence for recently passed, Sheldon, a community member who lived on the streets of Pomona and had a disability but was known for his kindness. She requested the City provide services to address mental health, drug addictions, and homelessness through non-public safety agencies.
Deborah Clifford discussed community work done by the Historical Society of Pomona Valley. She announced the Palomares Adobe would be open on Sunday, April 23.
CONSENT CALENDAR
Item No. 6, Item No. 7, and Item No. 8, which were all pulled for Public Speakers. ***After the Consent Calendar, with the exception of Items 6, 7 and 8, the items were heard in the following order: Discussion Item 11, Discussion Item 13, Discussion Item 12, Public Hearing Item 15, and Public Hearing Item 14.
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:
March 27, 2023 Meeting Minutes
April 3, 2023 Meeting Minutes
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to approve the City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of March 27, 2023 and April 3, 2023.
2. Adoption of Resolutions Creating a Violence Prevention Manager Classification and Amending the Fiscal Year 2022-23 Operating Budget by Adding Two Positions in the Administration Department and Adopting the Citywide Salary Schedule for Fiscal Year 2022-23
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-60 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX A OF THE
COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B
EMPLOYEES BY ADDING THE VIOLENCE PREVENTION MANAGER
CLASSIFICATION AND AMENDING THE AUTHORIZED STAFFING LEVELS IN THE ADMINISTRATION DEPARTMENT FOR THE FISCAL YEAR 2022-23
OPERATING BUDGET BY THE ACTIONS LISTED HEREIN
RESOLUTION NO. 2023-61 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE
UNDERSTANDING WITH THE POMONA
MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES' ASSOCIATION TO ADD
THE CLASSIFICATION OF VIOLENCE PREVENTION SENIOR ANALYST RESOLUTION NO. 2023-62 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA'S SALARY SCHEDULE FOR FISCAL YEAR 2022-23 TO MEET THE
REQUIREMENTS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO ADD THE CLASSIFICATIONS OF VIOLENCE
PREVENTION MANAGER AND VIOLENCE PREVENTION SENIOR ANALYST
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-60, Resolution No. 2023-61, and Resolution 2023-62.
3. Exchange of $4.2 Million of Proposition A Local Return Funds from City of Pomona for $3.15 Million of General Funds from Foothill Transit It is recommended that the City Council adopt the following resolution:
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RESOLUTION NO. 2023-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING AND EXCHANGING $4,200,000 OF PROPOSITION A LOCAL RETURN FUNDS FROM VARIOUS PROJECTS AND FUND BALANCE FOR $3,150,000 OF
FOOTHILL TRANSIT'S GENERAL PURPOSE FUNDS AND INCREASING REVENUE AND APPROPRIATING $3,150,000 OF GENERAL PURPOSE
FUNDS RECEIVED FROM FOOTHILL TRANSIT TO THESE CIP PROJECTS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-58.
4. Resolution to Amend the FY 2022-23 CIP Budget and Award of Construction Contract Agreement to Hardy & Harper, Inc. in the Amount of $2,760,000 It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND
UNAPPROPRIATING $300,000 OF SB-1/RMRA FUNDS FROM "STREET PRESERVATION - LOCAL (FY 21-22)," PROJECT NO.
428-2590-XXXXX-68572, AND APPROPRIATING THIS $300,000 AND AN ADDITIONAL $600,000 OF AVAILABLE SB-1/RMRA FUND BALANCE TO "STREET PRESERVATION - LOCAL (FY 22-23)," PROJECT NO.
428-2590-XXXXX-68582
2) Award a construction contract agreement to Hardy & Harper, Inc. for "Street Preservation - Local (FY 22-23)," Project No. 428-2590-XXXXX-68582 (All Base Bids and Additive Alternates) in the amount of $2,760,000; 3) 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 environment; and 4) Authorize the City Manager, or his designee, to execute the construction contract, as well as, all related documents (permits, etc.), subject to approval by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-57 and take actions 2, 3 and 4.
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Award a Bid to Griswold Industries to Provide Automatic Control Valve Repair, Replacement and Maintenance Services at the Prices Bid
It is recommended that the City Council approve the following actions:
1) Award a bid to Griswold Industries (Griswold), for a three-year term, with two, one-year extension options to provide automatic control valve repair, replacement and;
2) Authorize the City Manager, or designee to execute the agreement and any amendments, subject to approval to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to award a bid to Griswold Industries (Griswold), for a three-year term, with two, one-year extension options to provide automatic control valve repair, replacement and take action 2.
6. Authorize Proposition 218 Noticing for Solid Waste Rates and Schedule a Public Hearing
It is recommended that the City Council take the following actions:
1) Approve the Proposition 218 Notices containing new solid waste rates for single family residential customers and commercial/multi-family customers to be effective July 1, 2023; and
2) Adopt the following resolution:
RESOLUTION NO. 2023-37 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, DECLARING ITS INTENTION TO
ADOPT INCREASED SOLID WASTE COLLECTION CHARGES, SETTING A PUBLIC HEARING FOR JUNE 5, 2023, AND DIRECTING STAFF TO PROVIDE NOTICE PURSUANT TO PROPOSITION 218
*This item was pulled for public comment
Public Speaker Elinor Crescenzi requested if any provisions are made for a reduction in fees, that they be included in the mailer. She also requested more transparency and sensitivity for those who would be negatively impacted by these rate increases.
MOTION BY COUNCILMEMBER TORRES, SECOND BY VICE-MAYOR NOLTE, CARRIED 7-0, to approve the Proposition 218 Notices containing new solid waste rates for single family residential customers and commercial/multi-family customers to be effective July 1, 2023; and adopt Resolution No. 2023-37.
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City Council / Housing Authority / Meeting Minutes April 17, 2023 Successor Agency to the
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7. Resolution to Amend the Fiscal Year (FY) 2022-23 Operating Budget for the American Rescue Plan Fund and Pomona Jobs Program (PJP) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2022-23
OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS IN THE AMERICAN RESCUE PLAN (ARP) FUND IN THE AMOUNT OF $350,000
2) Award a sub-recipient contract to 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 (WEAII), 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") in the amount of $630,750
3) Authorize the City Manager to execute the contract and all necessary documents, amendments, and extensions, subject to approval by the City Attorney
*This item was pulled for public comment
Councilmember Nolte recused himself from the Council Chambers for this item, and exited the Council Chambers at 7:48 p.m.
Public Speaker lon Puschila expressed support for this item.
Councilmember Ontiveros-Cole asked questions to staff. Finance Director Andrew Mowbray and Attorney Andre Monette from BBK Law answered her questions.
Councilmember Torres and Councilmember Garcia asked questions and made comments.
Attorney Monette answered their questions.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR SANDOVAL, CARRIED 6-0 (COUNCILMEMBER NOLTE ABSENT FROM DAIS), to adopt Resolution No. 2023-43, and to take actions 2 and 3.
8. Second Reading and adoption of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code
It is recommended that the City Council adopt the following ordinance:
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ORDINANCE NO. 4330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING CHAPTER 75 TO THE POMONA CITY
CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR ELECTRIC VEHICLE CHARGING STATIONS
*This item was pulled for public comment
Councilmember Garcia exited chambers to advise Vice-Mayor Nolte he could re-enter Council chambers. They both did not return to the dais in time to vote for Item 8.
Public Speaker Lina Mira expressed support for this item.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER PRECIADO, CARRIED 5-0 (VICE-MAYOR NOLTE AND COUNCILMEMBER GARCIA ABSENT FROM DAIS) to adopt Ordinance No. 2023-48 and action 2.
9. Acceptance of the California Public Utilities Commission Local Agency Technical Assistance Grant Award in the Amount of $315,000
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-59 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE CALIFORNIA
PUBLIC UTILITIES COMMISSION LOCAL AGENCY TECHNICAL
ASSISTANCE GRANT AWARD IN THE AMOUNT OF $315,000, AND
AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATIONS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-59.
10. Adoption of a Resolution Updating the Tickets and Passes Distribution Policy to Conform with Regulations as Amended by the Fair Political Practices Commission It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-63 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ADOPTING AN UPDATED TICKETS
AND PASSES DISTRIBUTION POLICY TO CONFORM WITH REGULATIONS
AS AMENDED BY THE FAIR POLITICAL PRACTICES COMMISSION
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-63.
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DISCUSSION CALENDAR
11. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds
It is recommended that the City Council take the following actions:
1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit from the expenditure of funds for the recommended items); and
A. Amount to be determined to Juneteenth Education Technology Mobile Arts Center in support of its 33rd Pomona Valley Juneteenth Jazz and Arts Festival - Requested Amount $5,000
B. Amount to be determined to Pomona Beautiful in support of Pomona Beautification Day - Requested Amount: $2,000
2) Receive and file the recap of final amounts.
Vice Mayor Nolte and Councilmember Garcia returned to the dais at 8:11 p.m.
Public Speaker Endy Farrow spoke in support of the scholarship program from Pearls of Service, a non-profit community organization.
Public Speaker Talese Morrow spoke in support of the same scholarship program from Pearls of Service.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to make a finding of public benefit for Items A-B.
12. Report on Activate Pomona Pilot Program
It is recommended that the City Council receive and file this report and that the City Manager promulgate a procedure to phase out existing active Activate Pomona permits by December 31, 2023.
***This item was continued to a future meeting.
13. Introduction and Adoption of Urgency Ordinance Amending Urgency Ordinance No. 4320 Related to Relocation Assistance and Finding the Ordinance is Exempt from the California Environmental Quality Act
It is recommended that the City Council introduce and adopt the following urgency ordinance:
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URGENCY ORDINANCE NO. 4329 - AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING URGENCY ORDINANCE NO. 4320 RELATED TO RELOCATION
ASSISTANCE AND FINDING THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
*Please see attachment for emails submitted regarding this item.
The following Public Speakers spoke in support of Discussion Item 13:
Yharaira Solis
Debra Mendez
Naborina Cano
Eric Garcia
Maria Aguirre
Benjamin Wood
Antonio Aviles
Napoleon Lustre
Dereka Van Volkenburg
Jose Muñoz
Kianna Martinez
Elinor Crescenzi
Ellie O'Bosky
Eric Torres
Antonio Jimenez
Evelia Rocha
Carlos Goytia
Arel Hernandez
Yesenia Miranda Meza
Alyssa Marie Carrillo
The following Public Speakers spoke in opposition to Discussion Item 13:
Matthew Buck
Greg Estel
Leo Montgomery
Martin Hakaryan
Stacey Coporigno
Frank Gallo
Bill Rue
Lori Perez
Ernest Perez
Sarah Sinopoli
Nef Cortez
Fred Van Allen
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Dawn Van Allen
The following community members submitted a speaker card in support of Discussion Item 13, but did not speak:
Isabel Alyssa Ayala
Alicia Rodriguez
Israel Osorio
Eder Blanco
Austin Ray Easley
Maria E. Garcia
Gaby Cortez
Helena Whitney
Carmen Miranda
Arturo Ramirez Diego
Leticia Avila
Tina Speaks
Javier Avila
Saulo Espinoza
Miria Alamo
Ronald Candelaria
Jesus Miranda
Orlando Pulido
Grace Candelario
Maria Ayon
Rosalina Mirn
Catalina Goytia
Moricdu Magaña
Dereka
Sharon T. White
The following community members submitted a speaker card in opposition to Discussion Item 13, but did not speak:
Cathy Tessier
Elizabeth Brooks
John West
Beth Brooks
Carol White
Maria Quiñonez
Mayor Sandoval called for a break at 9:59 p.m.
Mayor Sandoval resumed the meeting at 10:09 p.m.
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Deputy City Manager Kirk Pelser gave a brief staff presentation summarizing that the Rent Costs in Pomona are lower than the Rent Costs in the County of Los Angeles; therefore the City Council could consider lowering the rental assistance amounts by thirty-three percent.
Mayor Sandoval asked Deputy City Manager Pelser to clarify types of properties this urgency ordinance would not affect. Deputy City Manager Pelser stated that per State law, single-family homes and multi-family units built after 1995 would not fall under this. He also clarified that relocation assistance would apply only to no-fault evictions.
City Attorney Carvalho advised a no-fault, or no-cause eviction, is one in which the tenants have not violated the leasing agreement, nor have they not fallen behind on paying rent, and yet are still evicted. She also clarified that qualified tenants, tenants that are disabled, elderly, or have occupied the property for more than three years, would get higher amounts of assistance.
Vice Mayor Nolte made comments discussing the trauma effects on children who endure displacement. He also asked questions to staff regarding how the relocation assistance amounts were determined because he felt it was important to not reduce the amounts.
Neighborhood Services Director Benita DeFrank answered his questions.
Councilmember Garcia made comments in support of the urgency ordinance as is or with a thirty-three percent reduction to the assistance amounts. She also requested a rental- inspection ordinance to be developed to hold property owners accountable.
Councilmember Preciado asked questions to staff, and requested that communication and notices be issued more in advanced so that all stakeholders are made aware of the meetings regarding the comprehensive rent stabilization ordinance being developed.
Councilmember Torres expressed that the passing of this urgency will not eliminate the problems with affordable housing in the City due to various state, national and global circumstances.
Councilmember Lustro also requested better communication for all stakeholders and stressed the importance of true collaboration to create a well thought-out rent stabilization ordinance. He asked if a sunset clause could be placed on this relocation assistance urgency ordinance. Deputy City Manager Pelser advised the permanent, rent-stabilization ordinance that is still being developing will overtake the urgency ordinance being voted on today.
Councilmember Ontiveros-Cole also stressed the importance of collaboration between all stakeholders, and the need to hold slumlords accountable.
Mayor Sandoval expressed support for the ordinance with the thirty percent reduction and asked City Attorney Carvalho for the necessary wording for the motion.
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MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 5-2 (COUNCILMEMBER ONTIVEROS-COLE AND COUNCILMEMBER TORRES OPPOSED), to adopt Urgency Ordinance No. 4329 with staff reflecting a thirty three percent reduction to all numbers listed on the report.
Mayor Sandoval called a second break at 11:25 p.m. Councilmember Torres left the City Council Meeting at this time and did not return.
Mayor Sandoval resumed the meeting at 11:37 p.m.
PUBLIC HEARINGS
14. First Reading and Introduction of an Amendment to the Pomona Zoning Ordinance Related to Historic Review of Structures 50 Years Old or Older Prior to Demolition It is recommended that the City Council introduce, waive further and give reading to the following ordinance:
ORDINANCE NO. 4322 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING A CODE AMENDMENT (FILE NO. CODE-018684-2022) AMENDING SECTION .5809-13 OF THE CITY OF
POMONA ZONING ORDINANCE PERTAINING TO HISTORIC
PRESERVATION
Development Services Director Anita Gutierrez gave the staff presentation.
Mayor Sandoval opened the public hearing.
Public Speaker Deborah Clifford spoke in support of this item.
Mayor Sandoval closed the public hearing.
Councilmember Preciado requested that when items go to Historic Preservation Commission, limit how many times the item can be pushed back. Director Gutierrez asked how many times would be the limit and after some discussion, the agreement was made that two times would be the maximum.
Councilmember Ontiveros-Cole and Councilmember Lustro asked questions to staff, and made comments. Councilmember Garcia made comments.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to give first reading and introduction to Ordinance No. 4322 with the amendment to limit the approval to no more than two meetings at Historic Preservation Committee.
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15. Re-Noticed Public Hearing of Appeal of Major Certificate of Appropriateness No. 18024-2022 for Property Located At 548 And 554 W. Center Street, Previously Heard on November 21, 2022; December 5, 2022; and January 23, 2023 It is that the City Council adopt the following resolution:
RESOLUTION NO. 2023-14 - 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)
Development Services Director Anita Gutierrez gave the staff presentation.
Mayor Sandoval opened the public hearing.
Public Speaker Deborah Clifford requested that the City Council review the zoning for that area and consider the history that will be lost if these structures are lost.
Mayor Sandoval closed the public hearing.
Councilmember Garcia asked if all issues that had delayed this item previously had been resolved. Development Services Director Gutierrez advised that the issues the Council had asked staff to address were resolved.
Councilmember Lustro commended this item as an example of how property owners and tenants can come together to collaborate on a solution.
Councilmember Ontiveros-Cole asked questions to staff and Planning Manager Geoffrey Starns and Director Gutierrez answered her questions.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2023-
14. ADJOURNMENT
The City Council Meeting adjourned at 12:10 a.m. on April 18, 2023.
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Respectfully submitted, ATTEST:
POOR
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
City of Pomona Page 16
Robles, Diana
From: jose Pimienta < [email protected]>
Sent: Thursday, April 13, 2023 12:50 AM
To: City Clerk
Cc: [email protected]
Subject: Tenants are in need of more protections. You can help.
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hi. My name is Jose Pimienta. I would like to contribute my opinion in solidarity with PUSH (Pomona United Stable Housing Coalition). I am concerned of our neighbors in the city of Pomona. Rent is increasing incrementally and it is hurting residents where they are the most vulnerable. Now more than ever, tenants of Pomona need stronger LEGAL protections. The organizers are demanding council to amend the emergency for Rent Stabilization Ordinance for stronger relocation assistance. This will give tenants peace of mind and allow them to keep their housing, therefore improving their quality of life. If the council of Pomona is a believer that what makes a city a prosperous community is its residents, then vote yes for amending the current Urgency Rent Stabilization Ordinance for Stronger Relocation Assistance. This is also another for of homelessness prevention.
Thank you for your time in reading this e-mail. I stand in solidarity with our Pomona neighbors.
Robies, Diana
From: Melissa M. <[email protected]>
Sent: Saturday, April 15, 2023 12:07 PM
To: Sandoval, Tim; Nolte, John; Preciado, Victor; Garcia, Nora; Ontiveros-Cole, Elizabeth; Lustro, Steve; Torres, Robert; City Clerk
Cc: [email protected]
Subject: Public Comment for April 17, 2022
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Please put this comment in the record for the April 17 public comments because I cannot come in person on Monday and for anything having to do with the Rent Stablization Ordinance, thank you.
Dear Pomona City Council
I've spoken to a few of you about the rent stabilization ordinance. I'm one of 492 landlords that have paid the landlord business licensing fee in Pomona, and I believe in rent control, but at the rate of inflation, not an arbitrary 4%. I've been a renter, homeowner, and now a landlordlord charged with providing and maintaining housing for others. The single family house that had been transformed into the "3 on a lot" designation would not be exempt under the ordinance. I proudly bought in a historic district as a single woman hoping to rehab it and improve the neighborhood because the previous owner had done the bare minimum.
Each time I talked to one of you, I was told landlords would be asked for input. Because of that, I happened to be privvy to the consultant meeting on March 21, 2023. This was the first meeting after months since Pomona started the emergency ordinance last year. Total attendees: 5 landlords. That's it! It's unacceptable! Why didn't the paid consultants send a letter to all landlords in Pomona notifying them of the upcoming meeting? Postage would have cost a scant $270 to do so. (The only reason I know there are 492 landlords is because I did a public records request.)
I'm deeply disappointed in the lack of outreach for participation.
What's more, at the March 21 meeting, they had no data, like how many small landlords there are in Pomona vs. large landlords and apartment buildings vs. houses, etc, how many would be exempt vs. not. They also did not share what other cities have done to help define and protect small landlords. They didn't seem to care that if we can't make ends meet in Pomona, we sell, and then corporate landlords snap it up - frankly, I didn't ge that impression from the city councilmembers I spoke to either. How will you be mitigating that exactly?
I would think this ordinance is not meant to punish small landlords like myself but it is. My property doesn't count for an exemption with the current language because they are not separable units. The Petition for Relief won't help me either - also, why should I have to go through that every year or with every new tenant? Mine is three on a lot, that can't be sold separately. I am the quintessential small, good landlord but because of this one- size fits all language, that is not being fine tuned to Pomona's needs, people like me are falling through the cracks and you don't seem to care.
I'm asking for the consultants to make a good faith effort to notify all landlords in Pomona personally, with a copy of the draft language and a way for them to RSVP to another Zoom meeting to give input. I'm sure there 1 will be more than 5 attendees next time. The March 21 meeting cannot be the only public outreach the City does to landlords.
Also, they should present data and provide research on what other cities are doing to account for small landlords: "single family homes" is no longer a metric since coprorations like Blackrock are all over buying single family homes. I expect Pomona, with such progressive councilmembers, to be thinking outside the box more than what it is doing now, just copying what a single city has put forth.
Thank you.
Melissa Michelson
Robles, Diana
From: SGV Tenant Alliance < [email protected]>
Sent: Saturday, April 15, 2023 10:06 PM
To: City Clerk
Cc: Allison Henry; [email protected] Subject: Support Letter_Urgency Rent Stabilization Ordinance - Stronger Relocation Assistance Attachments: Pomona April 14 2023 Support Letter.docx.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
To: Mayor and City Council
Please find enclosed our letter of support for a stronger relocation assistance program in relation to the urgency rent stabilization ordinance.
We strongly urge support in protecting tenants and their housing.
San Gabriel Valley Tenants Alliance
SGVTA
SAN GABRIEL VALLEY
TENANTS ALLIANCE
April 14, 2023
Pomona City Clerk and City Council
Re: Amending the Urgency Rent Stabilization Ordinance - Stronger Relocation Assistance To: Mayor and City Council
As members of the San Gabriel Valley Tenants Alliance, we urge you to vote Yes to amend the Urgency Rent Stabilization Ordinance with stronger relocation assistance. The Pomona City Council has been a leader in the San Gabriel Valley in proactively passing stronger tenant protection policies, and we hope you continue to show your support with this necessary amendment. By following the lead of LA City Council's recently passed LAMC 165.09(C) Ordinance on Relocation Assistance and increasing the required amount of relocation assistance offered to Pomona residents, the City Council can deter displacement of tenants during an affordable housing crisis and prevent unnecessary evictions.
In the weeks after the expiration of LA County's COVID-19 eviction moratorium, the San Gabriel Valley Tenants Alliance noticed a significant increase in our referrals to local tenant counseling hotlines and tenants' rights advocates. Organizations are overwhelmed and stretched to capacity, and need the partnership of local elected officials to protect tenants against displacement. Passing the increased rental assistance amendment will support the tenants we work with in Pomona to stay housed.
We hope that the Pomona City Council can be a leader in inspiring other city councils in the San Gabriel Valley to pass stronger tenant protections. Along with our Pomona partners like PUSH Coalition, PEOC, and Gente we are strongly in support of passing the amendment to increase Relocation Assistance under the Urgency Rent Stabilization Ordinance.
Signed,
San Gabriel Valley Tenants' Alliance
[email protected]
Robles, Diana
From: Jorge Rivera < [email protected]> Sent: Saturday, April 15, 2023 10:18 PM
To: Sandoval, Tim; Garcia, Nora; Nolte, John; Lustro, Steve; Torres, Robert Cc: Ontiveros-Cole, Elizabeth; Preciado, Victor; City Clerk Subject: Stronger Relocation Assistance
Attachments: Support Ltr. Pomona_Relo Asst_Apr 2023.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Dear Mayor and City Council,
Please find enclosed our letter of support for stronger relocation assistance under the urgency rent stabilization ordinance.
In peace and wellness,
Jorge Rivera
H&J Advocate
Healing and Justice Center
[email protected]
+1 562 590 5601 #
in
Watch our TENANT TIP Videos on YouTube!
Any & ALL Donations help!
Healing April 14, 2023
"Justice
Pomona City Clerk and City Council
Center
Re: Amending the Urgency Rent Stabilization Ordinance - Stronger Relocation Assistance
To: Mayor and City Council
The Healing and Justice Center is a community based nonprofit serving the San Gabriel Valley. One of our services includes a Tenant Counseling Hotline. Ever since the COVID tenant protections began to lift and more recently with the LA County protections expiring, we have seen a surge in phone calls about evictions.
We applaud you all for the work you have accomplished to date regarding the rent stabilization ordinance. It is a huge step in the right direction and we are calling on your leadership once again to stabilize our homes, families and communities. Therefore, we urge you to vote Yes to amend the Urgency Rent Stabilization Ordinance with stronger relocation assistance. By following the lead of LA City Council's recently passed LAMC 165.09(C) Ordinance on Relocation Assistance and increasing the required amount of relocation assistance offered to Pomona residents, the City Council can deter displacement of tenants during an affordable housing crisis and prevent unnecessary evictions.
Organizations like ours, are overwhelmed and stretched to capacity, and need the partnership of local elected officials to protect tenants against displacement.
Passing the increased rental assistance amendment will support the tenants we work with in Pomona to stay housed.
We hope that the Pomona City Council can be a leader in inspiring other city councils in the San Gabriel Valley to pass stronger tenant protections. Along with our Pomona partners like PUSH Coalition, PEOC, and Gente we are strongly in support of passing the amendment to increase Relocation Assistance under the Urgency Rent Stabilization Ordinance.
In peace and wellness,
Jorge Rivera, Administrator
[email protected]
EMEMEMEMEMEMEMEMEME MEMENE EMEM
V •V• V • V• V• V• V• V• V• V• V • V • V • V • V• V • V• V• V• V•V• V• V• V• V• V• Robles, Diana
From: Maribel Nunez < [email protected]> Sent: Monday, April 17, 2023 9:10 AM
To: City Clerk
Cc: Yesenia Miranda Meza
Subject: Public comments: Agenda Item "Yes amending the urgency rent stabilization ordinance w/ necessary adequate financial relocation assistance"
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Dear Mayor and City Council
My name is Maribel Nunez from Inland Equity Partnership & IE Tenants Union. I am writing for public comment for one of your agenda Items and ask for you to vote Yes for amending the urgency rent stabilization ordinance with necessary adequate financial relocation assistance.
Best regards
Maribel Nunez
Executive Director
Inland Equity Partnership/ IE Tenants Union
Inland Equity Community Land Trust
[email protected]
(562) 569-4051
Robles, Diana
From: Betty Toto <Betty. [email protected]>
Sent: Monday, April 17, 2023 11:44 AM
To: City Clerk; Montellano, Maura; Sandoval, Tim; Preciado, Victor; Garcia, Nora; Ontiveros- Cole, Elizabeth; Lustro, Steve; Torres, Robert; Nolte, John Cc: [email protected]
Subject: Letter in Support of Amendment for Stronger Tenant Protections and Relocation Assistance
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Greetings Mayor Sandoval and City of Pomona Councilmembers, Our organization was very impressed with the passage of the Pomona Urgency Rent Stabilization Ordinance last fall by the city council. The City of Pomona leadership demonstrated their understanding of the struggles facing renters in Pomona and took action to help cure the issues that put Pomona renter's housing in a precarious unstable state.
As you work to make the Renter Stabilization Ordinance permanent, we urge you to continue in the same vein of understanding. The renters of Pomona are currently experiencing illegal evictions. They are in desperate need of an amendment to the Urgency Rent Stabilization Ordinance that will provide stronger relocation assistance. An amendment that will serve to deter landlords from illegally serving 30 and 60-day Notices to Vacate.
Housing is a Human Right is a division of AIDS Healthcare Foundation. AIDS Healthcare Foundation serves patients at our clinics and pharmacies located across Los Angeles County. In 2017, AHF returned to its housing roots as California's housing affordability and homeless crises increasingly threatened the health of AHF patients. Widespread gentrification and displacement in Los Angeles County are particularly problematic for AHF patients, who struggled to find stable, affordable housing. Housing is a public health issue.
We are in support the council amending the current Urgency Rent Stabilization Ordinance for stronger tenant protections and Relocation Assistance. We urge the City of Pomona leadership to vote yes to amend.
Regards,
Betty Toto,
Policy Advocate and National Organizer,
HOUSING IS A HUMAN RIGHT, the housing advocacy division of
AIDS HEALTHCARE FOUNDATION
Phone: (818) 577-6335
Email: [email protected]
Robles, Diana
From: Raam Ravi <[email protected]>
Sent: Monday, April 17, 2023 12:11 PM
To: City Clerk
Subject: Pomona Urgency Rent Stabilization Ordinance for Stronger Relocation Assistance Public Comment
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hi, my name is Raam. I'm a member of PUSH. Now more than ever, WE NEED STRONGER TENANT PROTECTIONS! Especially because landlords are trying very hard to illegally evict us or lock us out! WE DESPERATLY NEED
AND DEMAND COUNCIL TO AMEND OUR URGENCY RENT STABILIZATION ORDINACE FOR STRONGER RELOCATION ASSISTANCE! Although we do not want to be gentrified or displaced we hope that this policy will deter landlords from illegally serving us with 30 and 60 day notices to vacate! I am in FULL SUPPORT of amending the current Urgency Rent Stabilization Ordinance for Stronger Relocation Assistance and urge ALL COUNCIL MEMBERS TO VOTE YES!!!
Robles, Diana
From: Marven Norman <[email protected]>
Sent: Monday, April 17, 2023 1:04 PM
To: City Clerk
Cc: Maribel Nunez; [email protected]; Ana Gonzalez Subject: Agenda Item #7 Latino-Latina Roundtable Pomona Jobs Program - SUPPORT CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Dear City of Pomona Mayor and Council:
On behalf of the Center for Community Action and Environmental Justice, I would like to join our partners at Inland Equity Community Land Trust in supporting the proposed Pomona Jobs Program detailed in Item #7 on the agenda for today's meeting. We believe that this is a much-needed program and will provide support to many people and the greater Pomona community overall. We urge your approval of this item. Thank you.
Cheers,
Marven E. Norman (he/him/his), Policy Coordinator
Center for Community Action and Environmental Justice
Centro de Acción Comunitaria y Justicia Ambiental
/ C: (951) 543-1743 | E: [email protected]/W: https://www.ccaej.org Robles, Diana
From: Josie Taylor <[email protected]>
Sent: Monday, April 17, 2023 3:18 PM
To: City Clerk
Subject: Please submit my comments as record and forward to city council members for their review re: tonight's city council agenda Thank you
Attachments: Pomona City Council Members.docx
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
When Experience Counts!
Josie Taylor BRE 00866142
Cell 909-680-1699
DRE 01508076
Better THE HERITAGE
and Gardens. GROUP
REALESTATE
City Council Members
C/O City of Pomona City Clerk
Re: Item No. 12- Introduction and Adoption of Urgency Ordinance Amending Urgency Ordinance No. 4320 Related to Relocation Assistance and Finding the Ordinance is Exempt from the California Environmental Quality Act
It is recommended that the City Council introduce and adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4329 - AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING URGENCY ORDINANCE NO. 4320 RELATED TO RELOCATION ASSISTANCE AND FINDING
THE ORDIANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY Attachments: Staff Report; Attachment No. 1 Proposed Urgency Ordinance; Attachment No. 2 Urgency Ord. No. 4320; CAA Opposition Letter
The full text of the Proposed Urgency Ordinance 4329 can be found in Attachment No. 1. In summary, it amends the Relocation related sections of 4320 for No Fault Terminations to:
The landlord shall pay a relocation fee of: $19,400 to any Qualified Tenant and a $9,200 fee to all other tenants who have lived in their rental unit for fewer than three years $22,950 to any Qualified Tenant and a $12,050 fee to all other tenants who have lived in their rental unit for three years or longer; or $22,950 to any Qualified Tenant and $12,050 to all other tenants whose household income is 80% or below Area Median Income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development, regardless of length of tenancy. If more than one fee applies to a rental unit, the landlord shall pay the highest of the applicable fees.
As a Realtor, Director of the Tri Counties Association of Realtors and Property Owner who owns 7 rental units. I am opposed to this action for the following reasons.
Most importantly, as an investor I would need to sell my units in your city there by reducing the rental units available and increasing the homeless in the city.
Increasing relocation assistance to these unreasonable levels will make operations more expensive resulting in a housing stock that is more expensive, harder to build and harder to find. The relocation amount staff are proposing is unrealistic and will lead to fewer affordable housing options for your residents.
Mom-and-pop housing providers own the majority of affordable rental housing in Pomona. This will make needed rehabilitation more expensive and deter some owners from renting units as operational flexibility is being financially removed.
Please Vote NO on this Ordinance. Although I have prior commitments tonight, I will be watching the outcome as it affects so many of my clients, tenants that I represent and myself.
Realtors are appalled by these ordinances as we work so hard to increase supply and housing for all.
Thank you for the opportunity to submit my comments.
Josie Taylor
Owner/Broker Associate
909-680-1699 DRE 00866142
Director: Tri Counties Association of Realtors
Director: California Association of Realtors
Director: California Regional Multiple Listing Service CRMLS Better
Hones
and Gardens.
REALESTATE
THE HERITAGE
GROUP
Robles, Diana
From: Lina Mira <[email protected]>
Sent: Monday, April 17, 2023 5:11 PM
To: City Clerk; Sandoval, Tim
Subject: Support for Financial Relocation Assistance
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hello City Clerk and Mayor Sandoval,
On behalf of Latino and Latina Roundtable, we ask for the City Council to support solutions that keep our community members housed. I have heard of the challenges and barriers to housing in the region. We have a housing crisis that requires our immediate attention. We are in support of financial relocation assistance for tenants that are being displaced and urge the council to continue to work dutifully on housing issues.
Relocation assistance supports the wellbeing of our community including working families and seniors and is another step forward in helping people stay housed.
Thank you for the opportunity to share our support and concerns, Lina
Robles, Diana
From: Kiana Martinez <[email protected]>
Sent: Monday, April 17, 2023 5:13 PM
To: City Clerk
Subject: City Council Meeting Public Comment
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hello City council,
I am a tenant organizer and I have spoken with hundreds of renters in the city of pomona.
As you know many of our community in pomona and in LA county are low income and come upon hardship.
Common stories are hardship of cancer, disability, medical conditions and much more. For any low income family, despite any other hardship, it is very difficult if not impossible to save money for the thousands of dollars in moving costs. Not to mention, a security deposit. One point being the current security deposit you have as a tenant is only legally required to be returned to you 21 days after you move out according to state law.
It is necessary to give our families, at the minimum, the relocation assistance they need to find new housing.
I urge you to vote to amend the urgency stabilization ordinance with necessary relocation assistance.
Thank you,
Kiana Martinez
Kiana Martinez (She/her/hers)
Catg11 San Gabriel Valley
People United of Baldwin Park
University of San Francisco, 2019
B.A., Sociology
[email protected]