CLOSED SESSION
A) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6
Unrepresented Employee: City Manager
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
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:00 p.m.
505 S. Garey Ave
Pomona, CA 91766 City of Pomona
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
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. 7:00 PM Monday, October 2, 2023 Council Chambers
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CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action.
PLEDGE OF ALLEGIANCE
The Color Guard from Pomona High School and Councilmember Garcia 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
Absent: Councilmember Robert Torres
STAFF PRESENT
Mark Gluba, Deputy City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Maricela Miotto, contracted by the City, provided translation services.
PRESENTATIONS
* A Proclamation Recognizing September 15 - October 15, 2023 as National Hispanic Heritage Month in the City of Pomona
Mayor Sandoval presented the proclamation to the following community based organizations: Comara de Comercio Hispana, Latino/a Roundtable, and Pomona Economic Opportunity Center. Each organization had a representative share a few words of gratitude.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Preciado attended the Mobility 21 Conference. He thanked everyone who helped put on the successful MLK Benefit Festival. He also congratulated Gateway for their opening of new homes. Lastly, he announced the P omona 5K /10K and Toddler Trot will take place on October 21.
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Councilmember Ontiveros-Cole thanked staff for applying to grants for the improvement of parks and streets; she discussed some of the upcoming improvements to the District 4 area. She also attended the Vietnamese Community Lunar Year of the Children event hosted by Dr. Vo.
Councilmember Garcia gave thanks to Moms Demand Action and House of Ruth for their Anti-Gun Violence March and spoke on the need for comprehensive and common sense gun laws.
Mayor Sandoval encouraged community members to attend the upcoming Arroyo F est taking place on Octobe r 29, during which a portion of the 110 Freeway will be closed to give pedestrians access to walk on the freeway for the event.
CITY MANAGER COMMUNICATIONS
Deputy City Manager Gluba stated there was no reportable action.
PUBLIC PARTICIPATION
At the direction of the City Council Emergency Sub Committee, beginning with the July 18, 2022 Council meeting, emailed comments will no longer be read into the record during Council meetings. However, they will be included as part of the record/meeting minutes.
Live Comments were as follows:
Paul Bigby II discussed a shooting that took place near his home, requested the paving of the alley behind his home and requested a streetlight also be installed in the same alley.
Andy Gindy from United P acific/Rocket Convenience stores spoke on engaging with the City to see how , as an organization , they can contribute to ensure better safety for their customers.
Veronica Cabrera discussed the history of cannabis dispensaries in Pomona and her displeasure with the City’s decision to allow legal dispensaries in the City.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5-0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT ), to approve the entire Consent Calendar except for Item No. 9, pulled by staff , and Item No. 10 , pulled by Councilmember Preciado for comment.
*Councilmember Garcia exited the dais at 7:33 p.m.
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1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes
It is recommended that the City Council approve the following City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
August 14, 2023 Special Meeting Minutes
September 11, 2023 Meeting Minutes
September 18, 2023 Meeting Minutes
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to approve the City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of August 14, 2023, September 11, 2023, and September 18, 2023.
2. Adopt a Resolution to Amend the FY 2023 -24 Capital Improvement Program (CIP) Budget by Appropriating $250,000 of General Fund Reserves to “Traffic Signal Modification Project - Towne Avenue and Bonita Avenue,” Project No. 428-2590-XXXXX-68580 and Award a C onstruction Contract in the Amount of $616,832 to California Professional Engineering, Inc.
It is recommended that the City Council take the following actions:
1) Adopt of the following resolution:
RESOLUTION NO. 2023 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $250,000 OF GENERAL FUND RESERVES TO “TRAFFIC SIGNAL MODIFICATION PROJECT - TOWNE AVENUE AND BONITA AV ENUE,” PROJECT NO. 428-2590-XXXXX-68580
2) Award a construction contract to California Professional Engineering, Inc. for “Traffic Signal Modification Project - Towne Avenue and Bonita Avenue,” Project No. 428-2590-XXXXX-68580, in the amount of $616,832;
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 to execute the construction contract and any subsequent change orders on behalf of the City.
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to adopt Resolution No. 2023-158; and, take actions 2, 3, and 4.
3. Approve the Purchase of Five (5) Ford Maverick Trucks for Parking Enforcement It is recommended that the City Council approve the purchase of five (5) replacement Parking Enforcement vehicles from National Auto Fleet Group, utilizing Sourcewell Contract #091521-NAF for a total amount of $206,861.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to approve the purchase of five (5) replacement Parking Enforcement vehicles from National Auto Fleet Group, utilizing Sourcewell Contract #091521-NAF for a total amount of $206,861.
4. Award of Contract to Brightview Landscape Services, Inc. for Fuel Modification, Open Space, Turf Ground Cover, and Other Decorat ive Landscape Maintenance in the Phillips Ranch Assessment District
It is recommended that the City Council take the following actions:
1) Award a three -year contract, beginni ng November 1, 2023 through October 31, 2026, with the option to extend for up to two (2) one -year extensions, to Brightview Landscape Services, Inc. in an annual amount of $406,882 for fuel modification at Frequency Level A, and turf ground cover and othe r decorative landscape maintenance services at Frequency Level C, in the Phillips Ranch Assessment District; and
2) Authorize the City Manager to execute the contract and all necessary documents/ amendments, subject to approval by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to award a three -year contract, beginning November 1, 2023 through October 31, 2026, with the option to extend for up to two (2) one-year extensions, to Brightview Landscape Services, Inc. in an annual amount of $406,882 for fuel modification at Frequency Level A, and turf ground cover and other decorative landscape maintenance services at Frequency Level C, in the Phillips Ranch Assessment District; and authorize the City Manager to execute the contract and all necessary documents/ amendments, subject to approval by the City Attorney.
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5. Award of Construction Contract to FS Contractors, Inc. in the Amount of $892,455 for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 21 -22),” City Project No. 428-2590-XXXXX-67934, Federal Project No. CRRSAAFL-5070(043)
It is recommended that the City Council take the following actions:
1) Award a construction contract to FS Contractors, Inc. for “ADA Curb Ramps and Path of Travel - (CDBG) Citywide (FY21 -22),” City Project No.428-2590-XXXXX-67934, Federal Project No. C RRSAAFL-5070(043) to include all Base Bids (A, B, &C) in the amount of $892,455;
2) 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
3) Authorize the City Manager, or his designee, to execute the construction contract/agreement and related documents (permits, etc.).
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to award a construction contract to FS Contractors, Inc. for “ADA Curb Ramps and Path of Travel - (CDBG) Citywide (FY21-22),” City Project No.428 -2590-XXXXX-67934, Federal Project No.
CRRSAAFL-5070(043) to include all Base Bids (A, B, &C) in the amount of $892,455; and, Find that the project referenced above is categorically exempt from the California Environmental Qual ity Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and authorize the City Manager, or his designee, to execute the construction contract/agreement and related documents (permits, etc.).
6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Appropriating $37,138 of District 1 CIP Carryover Discretionary Funds to “Hamilton Park Renovation,” Project No. 428-2590-XXXXX-71070
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023 -166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023 -24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $37,138 OF DISTRICT 1 CIP CARRYOVER DISCRETIONARY FUNDS TO “HAMILTON PARK RENOVATION,” PROJECT NO. 428-2590-XXXXX-71070
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CA RRIED 5 -0 (COUNCILMEMBER TORRES AND COUNCILMEMBER GARCIA ABSENT), to adopt Resolution No. 2023-166.
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7. Award of Bid to All American Asphalt for the Purchase of Asphalt Concrete Materials at the Prices Bid
It is recommended that the City Council approve the following actions:
1) Award a bid to All American Asphalt for a three -year term, for the purchase of asphalt concrete material at the per unit prices bid; and,
2) Authorize the City Manager, or designee, to execute subsequent changes or amendments thereto, on behalf of the City.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT) , to award a bid to All American Asphalt for a three-year term, for the purchase of asphalt concrete material at the per unit prices bid; and, authorize the City Manager, or designee, to execute subsequent changes or amendments thereto, on behalf of the City.
8. Award a Sole Source Three Year contract to Hadronex, DBA SmartCover Systems for the purchase of 25 SmartCover SubSonic Sewer Manhole Monitoring Systems in the amount of $271,135
It is recommended that the City Council take the following actions:
1) Award a sole source three year contract to Hadronex, DBA SmartCover Systems for the purchase of 25 SmartCover SubSonic sewer manhole level sensors, with a three-year warranty in the total contract amount of $271,135; and
2) Authorize the City Manager, or designee, to execute a three -year agreement with SmartCover and any subsequent changes or amendments thereto, on behalf of the City.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -0 (COUNCILMEMBER TORRES AND
COUNCILMEMBER GARCIA ABSENT), to award a sole source three year contract to Hadronex, DBA SmartCover Systems for the purchase of 25 SmartCover SubSonic sewer manhole level sensors, with a three-year warranty in the total contract amount of $271,135; and authorize the City Manager, or designee, to execute a three -year agreement with SmartCover and any subsequent changes or amendments thereto, on behalf of the City.
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9. Notice and Ca ll of Primary Municipal Election on March 5, 2024 to be Consolidated with the Los Angeles County Statewide Primary Election for the Election of the Mayor and Three (3) Members of the City Council for Districts 1, 4, and 6
It is recommended that the City Council adopt the following resolutions in order to conduct a Primary Municipal Election on March 5, 2024:
RESOLUTION NO. 2023 -172 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, CALLING FOR THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE
ELECTION OF THE MAYOR AND THREE MEMBERS OF THE CITY COUNCIL AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO CHARTER CITIES
RESOLUTION NO. 2023 -173 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A PRIMARY MUNICIPAL ELECTION TO BE HELD ON MAR CH 5, 2024, WITH THE
PRESIDENTIAL (STATEWIDE) PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
RESOLUTION NO. 2023 -174 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
*This item was pulled by staff for an update.
City Clerk Butler advised the correct Resolution Numbers for this item were 2023-173, 2023-174, and 2023-175.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER LUSTRO, CARRIED 5 -0 (COUNCILMEMBER TORRES AND COUNCILMEMBER GARCIA ABSENT), to adopt Resolution No. 2023 -173, Resolution No. 2023 -174, and Resolution No. 2023-175.
10. Ratify an Action Taken by City Manager Awarding an Agreement for Entertainment and Performance Services to AKA Productions Producer for Services of Los Tigres Del Norte in the Amount of $175,000
It is recommended that the City Council take the following action:
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1) Ratify an action taken by the City Manager, awarding an agreement for entertainment and performance services to AKA Productions Producer for Services of (F/S/O) Los Tigres Del Norte in the amount of $175,000; and,
2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney.
*This item was pulled by Councilmember Preciado for comment.
Councilmember Preciado expressed support for the item and described his experience at the Los Tigres Del Norte summer concert.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER SANDOVAL, CARRIED 5 -0 (COUNCILMEMBER TORRES AND COUNCILMEMBER GARCIA ABSENT), to ratify an action taken by the City Manager, awarding an agreement for entertainment and performance services to AKA Productions Producer for Services of (F/S/O) Los Tigres del Norte in the amount of $175,000; and, authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney.
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 item(s); and
A) Amount to be determined to Marla Neighbour in support of Rudolph on Randolph – Requested Amount $1,500
B) Amount to be determined in support of COVID-19 Action Committee Luncheon – Requested Amount: TBD
2) Receive and file the recap of final amounts.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER PRECIADO, CARRIED 5 -0 (COUNCILMEMBER TORRES AND COUNCILMEMBER GARCIA ABSENT) to make a finding of public benefit for items A-B.
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12. Impact Analysis Report on the Possible Effects of the Proposed Initiative Petition to Reduce the Transactions & Use Tax Rate from 0.75% to 0.50% and to Extend the Term of the Tax by Repealing its March 31, 2029 Sunset
It is recommended that the City Council:
1) Receive and file the Impact Analysis Report on the possible effects of the proposed initiative petition to reduce the Transactions & Use Tax (TUT) rate from
0.75% to 0.50% and to extend the term of the TUT by repealing its March 31, 2029 sunset;
2) Based upon the Impact Analysis Report, take one of the actions identified below:
a. Submit the initiative measure to the voters at the “next regular municipal election” occurring at least 88 days later; or
b. Submit the initiative measure to the voters at a special municipal election occurring on a Tuesday that is not on, before or after a State holiday, that is between 88 and 103 days after the City Council calls the election.
*Councilmember Garcia returned to the dais at 7:39 p.m.
Finance Director Andrew Mowb ray gave the staff presentation and recommended the Council to direct staff to prepare a countermeasure. Director Mowbray also advised HGL consultants were available to answer questions through the phone.
Mayor Sandoval gave comments expressing support for Council to place a counter measure.
Councilmember Garcia also expressed support for Council to place a countermeasure and commented on the community’s needs given the current economic conditions.
Vice Mayor Nolte, asked questions and HGL Consultants speaking through telephone answered his questions.
Councilmember Lustro gave comments about the economic conditions and expressed support for staff writing up a countermeasure.
Councilmember Ontiveros -Cole also expressed support for the placing of a countermeasure on the ballot.
Mayor Sandoval directed staff to bring back a countermeasure for consideration as soon as possible.
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MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR NOLTE, CARRIED 6 -0 (COUNCILMEMBER TORRES ABSENT), to receive and file the Impact Analysis Report on the possible effects of the proposed initiative petition to reduce the Transactions & Use Tax (TUT) rate from 0.75% to 0.50% and to extend the term of the TUT by repealing its March 31, 2029 sunset; and to submit the initiative measure to the voters at the “next regular municipal election” occurring at least 88 days later.
13. Adoption of Resolutions Amending the Citywide Salary Schedule to Reflect a 2.5% Salary Increase for Sworn Classifications and Amending the FY 2023 -24 Budget by Appropriating $510,653 from General Fund Reserves to Fund the Salary Increases
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023 -168 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ADJUSTING SALARIES, PURSUANT TO THE PROVISIONS OF THE 2021 -2023 POMONA POLICE OFFICERS’ ASSOCIATION (PPOA) MEMORANDUM OF UNDERSTANDING
RESOLUTION NO 2023 -169 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ADJUSTING SALARIES PURSUANT TO THE PROVISIONS OF THE 2021 -2023 POLICE MANAGERS’ ASSOCIATION
MEMORANDUM OF UNDERSTANDING
RESOLUTION NO 2023 -170 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR
EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY ADJUSTING
SALARIES FOR THE POLICE CHIEF AND DEPUTY POLICE CHIEF
RESOLUTION NO. 2023 -171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2023 -24 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO IMPLEMENT A TWO AND ONE -HALF PERCENT (2.5%) SALARY INCREASE TO SWORN
CLASSIFICATIONS
RESOLUTION NO. 2023-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023 -24 OPERATING BUDGET BY APPROPRATING $510,653 FROM GENERAL FU ND RESERVES TO IMPLEMENT A TWO AND ONE HALF PERCENT (2.5%) SALARY
INCREASE FOR SWORN CLASSIFICATIONS
MOTION BY COUNCILMEMBER PRECIADO , SECOND BY COUNCILMEMBER GARCIA, CARRIED 6 -0 (COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2023 -168, Resolution No. 2023 -169, Resolution No. 2023 -170, Resolution No. 2023-171, and Resolution No. 2023-172.
ADJOURNMENT
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The City Council meeting adjourned at 8:13 p.m. on October 2, 2023.
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