City of Pomona 505S. Garey Ave
Pomona, CA 91766
Regular Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
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 ommunity that is a fun and exciting destination and the home o arts and artists, students and scholars, business and industr Monday, November 6, 2023 7:00 PM Council Chambers
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1)) City of Pomona v. SQM North America Corporation
U.S.D.C. No. 2:11-cv-00167-RGK-JEM
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9(d) (2))
One (1) case related to contract negotiations
C) CONFERENCE LEGAL COUNSEL - ANTICIPATED
LITIGATION-INITIATION OF LITIGATION
(Pursuant to Government Code Section 54956.9(d)(4))
In re Aqueous Film Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873-RMG
D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1))
City Manager
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
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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.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action.
PLEDGE OF ALLEGIANCE
The Color Guard of Garey High School and Mayor Sandoval led the pledge of allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Vice Mayor Victor Preciado
Councilmember John Nolte
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro •
Councilmember Robert Torres
Absent: None
STAFF PRESENT
Anita Gutierrez, Assistant 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 the Month of November 2023 as "Family Court Awareness Month" in the City of Pomona
Mayor Sandoval presented the proclamation to Sandra Ross who shared a few words of gratitude.
MAYORICOUNCILMEMBER COMMUNICATIONS
Councilmember Garcia gave thanks to the Library for hosting the Table-or-Treat event, to the Latino/a Roundtable for hosting the Dia De Los Muertos event at Lopez Urban Farm, and to the community organizations that organized a Vigil of Remembrance for Pomona youth that have passed. Lastly, she gave thanks to all community members who are now veterans.
Vice Mayor Preciado gave thanks to the Latino/a Roundtable, for hosting the Dia De Los Muertos event at Lopez Urban Farm. Lopez Urban Farm now provides a Junior Farmer program; Vice Mayor Preciado invited the youth to sign up for the program. He attended the Annual Hope Fest at Tony Cerda Park and gave remembrance to the matriarch of the Tony Cerda Family who recently passed away. He also thanked the Library for hosting the Table-or-Treat event. He announced the next CommUnity Pull Up event would take place on November 7. He also spoke about the success of the Pomona 5K/10K Fundraiser.
Lastly, he commemorated his four-year wedding anniversary and shared words of gratitude for his wife.
Mayor Sandoval gave thanks to Community Services staff for hosting the haunted house event at Palomares Park, and gave thanks to the Lincoln Park neighbors that participated in giving out candy to trick-or-treaters on Halloween. He also gave acknowledgments to the Latino/a Roundtable, for hosting the Dia De Los Muertos event and to Just Us 4 Youth for organizing the Vigil of Remembrance. Mayor Sandoval requested that staff bring an item to Council to consider contributing funds to support the Christmas Parade. Lastly, requested to form a sub-committee that would discuss creating a project labor agreement.
Councilmember Torres announced he will be hosting various food and toy drives for all residents of Pomona. He encouraged residents to write to the President and to their representative in Congress in regards to global events, and to reach out to community groups to foster a more united community.
CITY MANAGER COMMUNICATIONS
Assistant City Manager Anita Gutierrez announced the Pomona Chalk Art Festival will take place on Saturday, November 11 and invited residents to attend City of Pomona Page 3
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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:
Martin Perez invited the community, especially youth, to the dA Center for the Arts event "Sounds of Pomona Golden Era 1955-1975."
Anthony Cerafice spoke about the operations of the non-profit Healthcare in Action, and asked to connect with the City so Healthcare in Action can provide its services to residents in Pomona.
Jack Sanchez Jr. discussed concerns with operations in the Public Works Streets Department.
Tremale Ratcliffe announced Pomona Unified School District would be doing free sports physical tests for Pomona students on November 10. Also on November 21, Purpose Church will have a Thanksgiving Feast open to all; students that make a reservation to the Thanksgiving Feast will receive a gift card.
Alyssa Tobin discussed concerns with Pomona Unified School District's handling of an assault on her son by other students.
Veronica Cabrera discussed various uses the City applied American Rescue Plan funds to and her concerns with some of those uses.
Elizabeth shared information on the history of the conflict occurring in Palestine and Israel, and discussed the United States' role in that conflict. She requested official statements that directly address the conflict from Councilmembers, and asked the City to pass a resolution to demonstrate solidarity with the Palestinian community. Lastly, she gave a moment of silence to acknowledge the significant loss of life.
Zina Stagg requested a support animal ordinance and discussed the circumstances she has encountered in which the status of support animal is abused.
Edgar Landeros invited the community to the Our Lady of Guadalupe Celebration at St.
Madelein Catholic Church taking place on December 12. The celebration includes a procession along Holt Ave. Lastly he requested assistance from the Pomona Police Department to help with crowd control during the event.
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CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to approve the entire Consent Calendar except for Item No. 9, pulled by Councilmember Garcia.
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:
October 9, 2023 Special Meeting Minutes
October 16, 2023 Meeting Minutes
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 Special Meeting Minutes of October 9, 2023 and Meeting Minutes of October 16, 2023.
2. Authorize the Submittal of a Joint Powers Authority (JPA) Application to CalRecycle for Round Two SB 1383 Local Assistance Funding For Participation in the San Gabriel Valley Council of Governments (SGVCOG) Regional Edible Food Recovery Program It is recommended that the City Council authorize the City Manager to sign a Letter of Authorization (LOA) to allow the San Gabriel Valley Council of Governments to apply for CalRecycle Round Two SB 1383 Local Assistance Grant Program funds on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to authorize the City Manager to sign a Letter of Authorization (LOA) to allow the San Gabriel Valley Council of Governments to apply fo alRecycle Round Two SB 1383 Local Assistance Grant Proaram funds on behalf of the City.
3. A Resolution Amending the Capital Improvement Program Project Budget for the "Water Resources Building" Project and Approve Payment to H2 Environmental Consulting Services, Inc., for Services Rendered
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
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RESOLUTION NO. 2023-199 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $700,000 OF WATER FUND RESERVES TO "WATER RESOURCES BUILDING"
PROJECT NO. 575-8125-XXXXX-93135
2) Approve payment in the amount of $65,550 to H2 Environmental Consulting Services, Inc. (H2) for professional services for services rendered.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-199 and approve payment in the amount of $65,550 to H2 Environmental Consulting Services, Inc. (H2) for professional services for services rendered.
4. Approve First Agreement Amendment for Consultant Services Civiltec Engineering, Inc. for "Reservoir Assessment and Rehabilitation Design" Project It is recommended that the City Council take the following actions:
1) Amend the professional services agreement with Civiltec Engineering, Inc. increasing the agreement by $63,200 (from $109,530 to $172,730) for the "Reservoir Assessment and Rehabilitation Design," Project No. 428 2590 XXXXX 95081; and,
2) Authorize the City Manager, or designee, to execute the agreement amendment with Civiltec Engineering, Inc. on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to amend the professional services agreement with Civiltec Engineering, Inc. increasing the agreement by $63,200 (from $109,530 to $172,730) for the "Reservoir Assessment and Rehabilitation Design," Project No. 428 2590 XXXXX 95081; and, authorize the City Manager, or designee, to execute the agreement amendment with Civiltec Engineering, Inc. on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
5. Award Bids to: Zenner Performance Meters, Inc.; Accurate Measurement Systems; and, United Water Works for Warehouse Materials
It is recommended that the City Council take the following actions:
1) Award a bid to Zenner Performance Meters, Inc., (Zenner) for the purchase of large cold water meters at the per-unit prices bid for a term of three (3) years with an extension option for up to two (2) additional years; City of Pomona Page 6
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2) Approve a sole source award to Accurate Measurement Systems, Inc., (AMS) for the purchase of Krone Electromagnetic Flow Meters, for a five (5) year term, at the market prices;
3) Award a bid to United Water Works (United), for the one time purchase of fire hydrants and hydrant guard surge protectors, at the per-unit price bid, in the amount of $327,446; and,
4) Authorize the City Manager, or designees, to approve purchase agreements, and any extensions thereto, on behalf of the City.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to award a bid to Zenner Performance Meters, Inc., (Zenner) for the purchase of large cold water meters at the per-unit prices bid for a term of three (3) years with an extension option for up to two (2) additional years; and, approve a sole source award to Accurate Measurement Systems, Inc., (AMS) for the purchase of Krone Electromagnetic Flow Meters, for a five (5) year term, at the market prices; and, award a bid to United Water Works (United), for the one time purchase of fire hydrants and hydrant guard surge protectors, at the per-unit price bid, in the amount of $327,446; and, authorize the City Manager, or designees, to approve purchase agreements, and any extensions thereto, on behalf of the City.
6. Adopt a Resolution Amending Fiscal Year 2023-24 Sewer Operating Budget by Appropriating $424,000 of Available Sewer Fund Reserves; and, Award Bid to Faze 1 Corporation dba Premier Pipe Inc., for Sanitary Sewer Cleaning and Closed Circuit Television Inspection Services
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-194 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 SEWER OPERATING BUDGET BY APPROPRIATING $424,000
FROM THE AVAILABLE SEWER FUND RESERVES
2) Award a bid in the amount to Faze 1 Corporation dba Premier Pipe (Faze 1) for a three-year agreement with two additional one-year renewal options, for sewel cleaning and Closed Circuit Television (CCTV) inspection services, at the prices bid, in the amount not-to-exceed of $480,000; and,
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3) Authorize the City Manager, or designee, to execute a three-year agreement with two one-year renewal options with Faze 1 on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-194; and, award a bid in the amount to Faze 1 Corporation dba Premier Pipe (Faze 1) for a three-year agreement with two additional one-year renewal options, for sewer cleaning and Closed Circuit Television (CCTV) inspection services, at the prices bid, in the amount not-to-exceed of $480,000; and, authorize the City Manager, or designee, to execute a three-year agreement with two one-year renewal options with Faze 1 on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, Closing Completed Projects, and Re-appropriating Unexpended Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT, "DISTRICT 2 - NEW PLAYGROUND AT RALPH WELCH PARK," PROJECT NO. 428-2590-XXXXX-71096, CLOSING COMPLETED PROJECTS,
RELEASING $134,022 OF UNEXPENDED FUNDS, REAPPROPRIATING $63,478 OF UNEXPENDED GENERAL FUNDS TO THE NEW PROJECT, UNAPPROPRIATING $90,183 OF AMERICAN RESCUE PLAN FUNDING (D2) FROM "BUENA VISTA AVENUE REHABILITATION - MISSION BOULEVARD TO 9TH STREET," PROJECT NO. 428-2590-XXXXX-68576, AND
REAPPROPRIATING THIS FUNDING TO THE NEW PROJECT
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-190.
Approve a Memorandum of Agreement between the City of Pomona and the San Gabriel Valley Council of Governments for the Allocation of Funds for "Transit Improvement Program, Gold Line," Project No. 428-2590-XXXXX-68559 It is recommended that the City Council take the following actions:
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1) Approve a Memorandum of Agreement (MOA) between the City of Pomona and the San Gabriel Valley Council of Governments (SGVCOG) to allocate $595,000 of funds received from Los Angeles County Metropolitan Transportation Authority ("LACMTA/METRO") through the Measure M Multi-Year Subregional Program ("MSP"), as well as, up to $1,600,000 of the City's General Purpose (Prop A Exchange) Funds for "Transit improvement Program, Gold Line," Project No. 428-2590-XXXXX-68559; and
2) Authorize the City Manager, or his designee, to execute the proposed MOA between the City of Pomona and the SGVCOG and related documents, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to approve a Memorandum of Agreement (MOA) between the City of Pomona and the San Gabriel Valley Council of Governments (SGVCOG) to allocate $595,000 of funds received from Los Angeles County Metropolitan Transportation Authority ("LACMTA/METRO") through the Measure M Multi-Year Subregional Program ("MSP"), as well as, up to $1,600,000 of the City's General Purpose (Prop A Exchange) Funds for "Transit Improvement Program, Gold Line," Project No. 428-2590-XXXXX-68559; and, authorize the City Manager, or his designee, to execute the proposed MOA between the City of Pomona and the SGVCOG and related documents, subject to approval as to form by the City Attorney.
9. Approval of Lot Merger LM17-2022 for the Property Located at 836-842 S. San Antonio Avenue, Pomona, CA, Assessor Parcel Number 8327-009-029, Related to the Remodeling of an Existing Residential Property (Council District 3) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM17- 2022 FOR THE PROPERTY LOCATED AT 836-842 S. SAN ANTONIO AVENUE, ASSESSOR PARCEL NUMBER 8321-009-029
2) Authorize the City Engineer to sign the Lot Merger LM17-2022 on behalf of the City of Pomona.
Councilmember Garcia pulled this item for comment.
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Councilmember Garcia spoke in opposition to the item.
MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR PRECIADO, CARRIED 6- 1 (COUNCILMEMBER GARCIA OPPOSED), to adopt Resolution No. 2023-195; and, authorize the City Engineer to sign the Lot Merger LM17-2022 on behalf of the City of Pomona.
10. Approval of Lot Merger LM8-2023 for the Property Located at 550-552 E. McKinley Avenue, Pomona, CA, Assessor Parcel Number 8338-031-008, Related to the Remodeling of an Existing Residential Property (Council District 4) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-196 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM8-2023 FOR THE PROPERTY LOCATED AT 550-552 E. MCKINLEY AVENUE, ASSESSOR PARCEL NUMBER 8338-031-008
2) Authorize the City Engineer to sign the Lot Merger LM8-2023 on behalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-196; and, authorize the City Engineer to sign the Lot Merger LM8-2023 on behalf of the City of Pomona.
11. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Unappropriating $59,000 of American Rescue Plan (ARP)(D5) From "Phillips Ranch Exercise Par Course Restoration," and Appropriating this $59,000 to "Country Crossing Park Playground Resurfacing and Play Equipment" It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $59,000
OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP)(D5) FROM "PHILLIPS RANCH EXERCISE PAR RESTORATION," PROJECT NO. 428-2590-XXXXX-71093,
DEFUNDING THE PROJECT AND APPROPRIATING THIS $59,000 TO "COUNTRY CROSSING PARK PLAYGROUND RESURFACING AND PLAY
EQUIPMENT," PROJECT NO. 428-2590-XXXXX-71089
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MOTION BY COUNCILMEMBER GARCIA, , SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-193.
12. Adopt a Resolution Authorizing the Acceptance of Measure H Homeless Initiative Funds to Administer the Homeless Incentive Program (HIP) and Amendment of the FY 2023-24 Operating Budget
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-189 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $86,994 IN MEASURE H HOMELESS INITIATIVE FUNDS TO LOCALLY
ADMINISTER THE HOMELESS INCENTIVE PROGRAM (HIP) AND THE AMENDMENT OF THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $60,610
2) Authorize the City Manager to execute all agreements, amendments and any other documentation requested for acceptance of the award, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-193; and, authorize the City Manager to execute all agreements, amendments and any other documentation requested for acceptance of the award, subject to approval as to form by the City Attorney.
13. Approval of Lot Merger LM10-2023 for the Property Located at 1400 W. McKinley Avenue, Pomona, CA, Assessor Parcel Number 8360-030-029, Related to Future Upgrades of an Existing Residential Property (Council District 1) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-197 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM10-2023 FOR THE PROPERTY LOCATED AT 1400 W. MCKINLEY
AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8360-030-029 3) Authorize the City Engineer to sign the Lot Merger LM10-2023 on behalf of the City of Pomona.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-197; and, authorize the City Engineer to sign the Lot Merger LM10-2023 on behalf of the City of Pomona.
14. Adopt a Resolution to Receive and Appropriate Metropolitan Water District Grant Funds for the Member Agency Administered Incentive Programs; Irrigation Controller Installation Program; the Residential Landscape Audit; and the Community Partnering Program
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-198 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 WATER
ENTERPRISE FUND BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $20,000 FOR THE MEMBER AGENCY ADMINISTERED
INCENTIVE PROGRAMS FOR THE RESIDENTIAL IRRIGATION CONTROLLER INSTALLATION PROGRAM AND RESIDENTIAL LANDSCAPE AUDIT; AND $3,000 FOR THE COMMUNITY PARTNERING PROGRAM
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-198.
15. Acceptance and Appropriation of $40,000 in State Certified Local Government (CLG) Program Grant Funds to Develop a Latina/o Historic Context Statement It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-200 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $40,000 IN CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAM GRANT
FUNDS TO DEVELOP A LATINA/O HISTORIC CONTEXT STATEMENT AND AMEND THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $40,000
2) Authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the subsequent agreements, subject to approval as to form by the City Attorney.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-200; and, authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the subsequent agreements, subject to approval as to form by the City Attorney.
16. Appointing Staff Representation on the Pomona Valley Protective Association Board and the Pomona-Walnut-Rowland Joint Pipeline Commission JPA It is recommended that the City Council approve the Water Resources Director as an additional alternate representative on both the Pomona Valley Protective rate the dived Association Board and the Pomona-Walnut-Rowland Joint Pipeline Commission JPA.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to approve the Water Resources Director as an additional alternate representative on both the Pomona Valley Protective Association Board and the Pomona-Walnut-Rowland Joint Pipeline Commission JPA.
16-A. Adoption of Resolutions Approving Memorandum of Understanding Between the City of Pomona and the Pomona Mid-Management/ Confidential Employees' Association from October 1, 2023 Through September 30, 2027; and Amending the Fiscal Year 2023-24 Operating Budget by Appropriating $271,685 from General Fund Reserves and Appropriating $401,760 from Non-General Fund Budgets to Implement Financial Impacts as a Result of Labor Negotiations
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-218 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FOUR (4) YEAR
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND
THE POMONA MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES'
ASSOCIATION FROM OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2027 RESOLUTION NO. 2023-224 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRIATING $271,685 FROM GENERAL FUND RESERVES AND APPROPRIATING $401,760 FROM NON-GENERAL FUND
BUDGETS TO IMPLEMENT FINANCIAL IMPACTS AS A RESULT OF LABOR
NEGOTIATIONS
*Human Resources Director Rene Anderson spoke during Discussion Item No. 21-A to clarify that a correction needed to be made to the salary listed for the position of Deputy Building Official. That correction also applies to this item.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-218 and Resolution No. 2023-224.
DISCUSSION CALENDAR
17. 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 Kennedy Austin Foundation in support of their Community Remembrance Gathering - Requested Amount: $425 B) Amount to be determined to Latino and Latina Roundtable in support of Dia de Muertos Celebration - Requested Amount: $2,500
C) Amount to be determined to Sarvodaya Farms in support of opening of their edible botanical garden and Saturday Free Farm Stand - Requested Amount:
$2,500
D) Amount to be determined to Tradición Dance Company in support of their Tradición Navideña Folklorico Recital - Requested Amount: $3,000 E) Amount to be determined to St. Madeleine Catholic Church in support of Our Lady of Guadalupe Procession: Requested Amount: $828 - Cost for two PD escorts
F) Amount to be determined to San Gabriel Valley Conservation Corps in support of SGVCC 1st Annual Virtual Golf Fundraiser: Requested Amount:
$5,000
2) Receive and file the recap of final amounts.
Public Speaker Victor Casillas spoke in support of the Our Lady of Guadalupe Procession event.
Public Speaker Norma Quiñones spoke in support of the SGVVC 1st Annual Golf Fundraiser.
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MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to make a finding of public benefit for items A-F.
18. Adoption of Resolutions Adding an Initiative Measure and Competing Measure to the March 5, 2024 Primary Election Ballot Pertaining to the City's Transactions & Use Tax (TUT) Rate
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-211 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY OF POMONA AN INITIATIVE MEASURE REDUCING THE RATE OF
THE CITY'S TRANSACTIONS AND USE TAX FROM THREE-QUARTERS PERCENT (0.75%) TO ONE-HALF PERCENT (0.50%) AND EXTENDING THE TERM OF THE TAX BY REMOVING ITS MARCH 31, 2029 SUNSET, AT THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 RESOLUTION NO. 2023-212 - 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 MUNICIPAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024 WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403
RESOLUTION NO. 2023-213 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, PROVIDING FOR THE FILING OF DIRECT
AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF
WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE MARCH 5, 2024 MUNICIPAL PRIMARY ELECTION
RESOLUTION NO. 2023-214 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS
OF THE CITY OF POMONA A GENERAL TAX MEASURE MAINTAINING THE
CURRENT RATE OF THE CITY'S TRANSACTIONS AND USE TAX AT
THREE-QUARTERS PERCENT (0.75%) AND EXTENDING THE TERM OF THE TAX BY REMOVING ITS MARCH 31, 2029 SUNSET, AT THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024
RESOLUTION NO. 2023-215 - 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 ELECTIONS CODE SECTION 10403
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RESOLUTION NO. 2023-216 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, PROVIDING FOR THE FILING OF DIRECT
AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF
WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE MARCH 5, 2024 MUNICIPAL PRIMARY ELECTION
Finance Director Andrew Mowbray gave the staff presentation.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to adopt Resolution No. 2023-211, Resolution No. 2023-212, Resolution No. 2023-213, Resolution No. 2023-214, Resolution No. 2023-215, and Resolution No. 2023-216.
19. Receive and File the Fiscal Year 2022-23 Unaudited Year-End Overview, Review the Fiscal Year 2023-24 General Fund 1st Quarter Budget Review, and Adopt a Resolution Amending the Fiscal Year 2023-24 Operating Budget and Personnel Related Actions
It is recommended that the City Council take the following actions:
1) Receive and file the Fiscal Year (FY) 2022-23 Unaudited Year-End Overview 2) Review the FY 2023-24 General Fund 1st Quarter Budget Report 3) Adopt the following Resolution:
RESOLUTION NO. 2023-210 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES BY $172,064 AND APPROPRIATIONS BY $1,065,397, AND AUTHORIZING THE ADDITION
OF THREE SWORN POSITIONS IN THE POLICE DEPARTMENT
Finance Director Andrew Mowbray gave the staff presentation.
Vice Mayor Preciado gave comments about the presentation, and reminded everyone of the effort needed to make improvements to Grand Ave.
MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to receive and file the Fiscal Year (FY) 2022-23 Unaudited Year-End Overview; and, review the FY 2023-24 General Fund 1st Quarter Budget Report; and, adopt Resolution No. 2023-210.
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20. Appeal of a Planning Commission Decision regarding Conditional Use Permit No. 018542-2022 for the Establishment of a Drive-Through Restaurant and Development Plan Review No. 018543-2022 for the Remodel of an Existing Building into an Eating and Drinking Establishment at a Property Located at 110 E. Foothill Boulevard within the Neighborhood Center Segment of the Pomona Corridors Specific Plan (PCSP)
It is recommended that the City Council take one of two actions:
Option 1 (Planning Staff recommendation): Remand the matter back to the Planning Commission to consider the request at a future scheduled public hearing; or
Option 2: Schedule a public hearing before the City Council to consider the request.
Planning Manager Ata Khan gave the staff presentation.
After some deliberation between Councilmembers, Mayor Sandoval made a motion to move forward with option 2.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER NOLTE, CARRIED 5-2 (COUNCILMEMBER GARCIA AND COUNCILMEMBER LUSTRO OPPOSED), to take the action of option 2: schedule a public hearing before the City Council to consider the request.
21. Introduction and Adoption of an Urgency Ordinance and Introduction of a Regular Ordinance Amending the Pomona Municipal Code Relating to Enhancement of Enforcement Options to Address Public Nuisance Conditions and Illegal Uses of Property Without Required Approvals and Permits
It is recommended that the City Council take the following actions:
1) Introduce, waive further reading and adopt the following urgency ordinance:
URGENCY ORDINANCE NO. 4338 - AN URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION 50-337 TO ARTICLE III, CHAPTER 50, ADDING SECTION 74-198 AND 74-199 TO ARTICLE III, CHAPTER 74 OF THE POMONA MUNICIPAL
CODE RELATING TO ENHANCEMENT OF ENFORCEMENT OPTIONS TO
ADDRESS PUBLIC NUISANCE CONDITIONS AND ILLEGAL USES OF
PROPERTY WITHOUT REQUIRED APPROVALS AND PERMITS
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2) Introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4341 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION 50-337 TO ARTICLE III, CHAPTER 50, ADDING SECTION 74-198 AND 74-199 TO ARTICLE III, CHAPTER 74 OF THE POMONA MUNICIPAL CODE RELATING TO
ENHANCEMENT OF ENFORCEMENT OPTIONS TO ADDRESS PUBLIC
NUISANCE CONDITIONS AND ILLEGAL USES OF PROPERTY WITHOUT
REQUIRED APPROVALS AND PERMITS
Assistant City Manager Gutierrez gave the staff presentation.
Vice Mayor Preciado asked questions to staff and requested staff to find a way to allow property owners to look up business licenses online so that they may verify the validity of potential renters.
Councilmembers Lustro spoke in support of the item.
Councilmember Nolte asked questions to staff.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR SANDOVAL, CARRIED 7-0, to introduce, waive further, and adopt Ordinance No. 4338; and, to introduce, waive further, and give first reading to Ordinance No. 4341. 21-A. Adoption of Resolutions Amending Citywide Salary Schedule and Compensation Plans for Executive Group A and B, Mid-Management Library Group C-2, and Part-Time Management/Confidential Employees; and Amending the Fiscal Year 2023-24 Operating Budget by Appropriating $252,987 from General Fund Reserves and Appropriating $147,282 from Non-General Fund Budgets to Implement Financial Impacts as a Result of Salary Increases and Modified Benefits It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-219 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION
PLAN FOR EXECUTIVE GROUP A AND B EMPLOYEES
RESOLUTION NO. 2023-220 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR MID-MANAGEMENT LIBRARY GROUP C-2 EMPLOYEES
RESOLUTION NO. 2023-221 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION
PLAN FOR PART-TIME MANAGEMENT/CONFIDENTIAL EMPLOYEES
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RESOLUTION NO. 2023-222 - 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 REFLECT NEW SALARY RATES APPROVED AS A RESULT OF 2023 LABOR
NEGOTIATIONS
RESOLUTION NO. 2023-223 A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRIATING $252,987 FROM GENERAL FUND RESERVES AND APPROPRIATING $147,282 FROM
NON-GENERAL FUND BUDGETS TO IMPLEMENT FINANCIAL IMPACTS AS A
RESULT OF SALARY INCREASES AND MODIFIED BENEFITS
Human Resources Director Rene Anderson gave the staff presentation. She advised a correction needed to be made to page 1 on Exhibit A of Resolution 2023-222. The Exhibit lists the Deputy Building Official salary incorrectly. The correct salary steps are as follows:
Step 1 (one) $10,244, Step 2 (two) $10,752, Step 3 (three) $11,292, Step 4 (four) $11,858, and Step 5 (five) $12,452.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to adopt Resolution No. 2023-219, Resolution No. 2023-220, Resolution No. 2023-221, Resolution No. 2023-222, and Resolution No. 2023-223.
PUBLIC HEARINGS
22. Appeal of Historic Preservation Commission Decision to Deny Major Certificate of Appropriateness No. 021547-2023 for the Retroactive Approval of Unpermitted Renovations of a Duplex on a Contributing Resource Located at 607 N. Gibbs Street and 195 E. Pasadena Street within the Lincoln Park Historic District.
It is recommended that the City council adopt the following resolution:
RESOLUTION NO. 2023-182 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-021547-2023) FOR THE UNPERMITTED
RENOVATION OF A DUPLEX AND RETROACTIVELY APPROVING THE
REMOVAL OF ONE TREE AND THE REPLACEMENT OF ONE NON-HISTORIC
WINDOW AND TWO ORIGINAL WINDOWS AT A CONTRIBUTING RESOURCE LOCATED AT 607 N. GIBBS STREET AND 195 E. PASADENA STREET WITHIN THE LINCOLN PARK HISTORIC DISTRICT (APN: 8336-017-008)
Supervising Planner Geoffrey Starns gave the staff presentation.
Mayor Sandoval opened the public hearing.
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Public Speaker Andy Tai, applicant of the Certificate of Appropriateness, spoke in opposition to the item.
Mayor Sandoval closed the public hearing.
Councilmember Ontiveros-Cole asked questions to the applicant and spoke in support of the item.
Vice Mayor Preciado spoke in support of the item and acknowledged the reasoning of the applicant to oppose the item.
Councilmember Nolte reminded the applicant of Ordinance No. 4320 that would require tenants to receive re-location assistance if they are re-located due to construction projects on the property.
Mayor Sandoval spoke in support of the item.
Mayor Sandoval re-opened the public hearing to allow Public Speaker Andy Tai to respond.
Public Speaker Andy Tai gave comments in response to City Council's comments.
Mayor Sandoval closed the public hearing.
Mayor Sandoval asked questions to staff regarding the process for regulating the restoration of the property.
Assistant City Manager Gutierrez advised there is an active Code Compliance case on the property and it will remain active until the property is in compliance.
Councilmember Garcia spoke in support of the item.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR PRECIADO, CARRIED 7-0, to adopt Resolution No. 2023-182.
23. City Council Consideration of a Moratorium on the Establishment, Expansion, or Modification of Warehouses, Trucking Facilities, and Related Uses That Are Located Within the City of Pomona Scheduled to Expire on June 30, 2024 It is recommended that the City Council introduce, waive further reading and adopt the following urgency ordinance:
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URGENCY ORDINANCE NO. 4339 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 36937, ESTABLISHING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF
WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE
LOCATED WITHIN THE CITY OF POMONA
*Please see attachment for emails submitted regarding this item.
Planning Manager Ata Khan gave the staff presentation.
Mayor Sandoval opened the public hearing.
Public Speaker Steve Pilcher spoke in opposition to the item.
Public Speaker Rane Gorginfar spoke in opposition to the item.
Public Speaker Andrew Fogg spoke in opposition to the item.
Public Speaker Steven Masura spoke in opposition to the item.
Public Speaker Mihran Toumajan spoke in opposition to the item.
Public Speaker Omar Cobian spoke in opposition to the item.
Mayor Sandoval closed the public hearing.
Councilmember Torres expressed support for local businesses and unions, and expressed opposition to the item.
Councilmember Nolte asked questions to the City Attorney, who suggested bringing the item back with a report to address questions by Councilmembers and the concerns of the public speakers.
Councilmember Ontiveros-Cole gave comments about the history of various industrial companies that used to operate in the City and spoke about the importance of creating local jobs.
Councilmember Preciado asked questions to staff and expressed support for having staff return with more answers to address the questions raised during the public hearing.
Councilmember Lustro asked questions to staff regarding the possibilities of district-unique standards in the zoning ordinance.
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Councilmember Garcia asked questions to staff regarding engagement efforts with the community, and expressed support for the City Attorney's suggestion to have staff come back.
Mayor Sandoval gave comments and continued the item to a future meeting. No action was taken.
CLOSED SESSION
The City Council re-convened into closed session at 10:22 p.m.
ADJOURNMENT
The City Council meeting adjourned at 10:30 p.m. on November 6, 2023.
Respectfully submitted, ATTEST:
LOBN
-
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 22
Robles, Diana
From: Mihran Toumajan <[email protected]>
Sent: Friday, November 3, 2023 2:53 PN
To: Sandoval, Tim; Nolte, John; Preciado, Victor; Garcia, Nora; Ontiveros-Cole, Elizabett Lustro, Steve; Torres, Robert; City Clerk
Cc: Makshanoff, James; Gutierrez, Anita; Khan, Ata
Subject: NAIOP SoCal Letter to Pomona City Council Re: Warehousing Moratorium Extension - Agenda Item No. 23 for 11-06-2023 City Council Meeting
Attachments: NAIOP SoCal Letter to Pomona City Council on Warehousing Moratorium Extension - Agenda Item No. 23 for 11-06-2023 City Council Meeting,pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Dear Honorable Mayor Sandoval and Members of the Pomona City Council, Attached to this note is NAIOP SoCal CEO Timothy Jemal's letter to the Pomona City Council expressing our organization's concerns over City Council Agenda Item No. 23, which will be heard during the November 6, 2023 City Council meeting.
Agenda Item No. 23 pertains to the City Council's Consideration of a Moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses that are located within the City of Pomona, scheduled to expire on June 30, 2024.
NAIOP SoCal urges the Pomona City Council's serious consideration of the concerns conveyed in our 11-03- 2023 letter.
Very Respectfully,
Mihran Toumajan
NAIOP SoCal
Manager of Government Relations
Office: (714) 550-0309 | Cell: (818) 817-1714
Email: [email protected]
918 E. Santa Ana Blvd.
Santa Ana, CA 92701
www.naiopsocal.org
NAIOP
COMMERCIAL REAL ESTATE
DEVELOPMENT ASSOCIATION
CAL CAPE
November 3, 2023
HAIOP 2023 OFFICERS AND
BOARD OF DIRECTORS
Honorable Mayor and City Council PRESIDENT
City of Pomona Justin McCusher, C.J. Segerstrom & Sons
PRESIDENT-ELECT
c/o Rosalia A. Butler, MMC, City Clerk Eric Paulsen, Kidder Mathews 505 South Garey Ave. VICE PRESIDENT
Marie Mattis, Avison Young
Pomona, CA 91766 TREASURER
Staphane Wandal, The Orden Company
SECRETARY
Re: November 6, 2023, City Council Agenda Item No. 23 - City Council Brooke Gustafson, Birtcher Development Consideration of a Moratorium on the Establishment, Expansion, or PROGRASS & ERACATIDO LIAISON Fran Inman, Majestic Realty Co.
Modification of Warehouses, Trucking Facilities, and Related Uses That Are
PAST PRESIDENT
Located Within the City of Pomona Scheduled to Expire on June 30, 2024 Greg May, Newmark Bob Andrews, CenterPoint Properties
Dear Honorable Mayor and Members of the City Council: Taylor Amass, CapRock Partners Brian Baker, JP Morgan Chase
TJ Bard, The Abbey Company
On behalf of NAIOP SoCal and the developers, owners and investors of office, Andy Bratt, Gantry Eric Brown, LBA Realty
industrial, retail and mixed-use real estate whose interests we represent, the Greg Brown, JLL purpose of this letter is to express our opposition to the Pomona City Council's John Casasante, DWS Michael Chutnuette, BentallGreenOak
consideration of the adoption of Draft Urgency Ordinance No. 4339 (the Chris Drzyaga, Voit Real Estate Services "Ordinance") which would, in purpose and effect, extend the current Michael Hodges, Irvine Company Parter Hutchison, Prologis
moratorium on the establishment, expansion or modification of industrial Ryan Jonas, Panattoni Development Company Arnold Labrilla, Bank of America
warehouse and trucking-related uses in the City of Pomona ("City") from Emily Mandrup, ECM Management December 31, 2023, to June 30, 2024 (the "Moratorium"). Thomas NicAndrows, Tiarna Real Estate Services Parts Miller, Lincoln Property Company
Davld Nazaryk, Trammell Crow Company
Brad Nelsen, Allen Matkins
For the reasons outlined below, the proposed Ordinance does not comply with Lindsay Ensign Olson, Bixby Land Company California law governing the adoption and extension of interim urgency Stavo Pearson, DAUM Commercial ordinances and is overly broad in nature and scope as it would apply to and Jodie Poirior, Collers International Martin Pupil, Stream Realty Partners L.P.
prohibit the issuance of permits and approvals for uses in areas that are not Rob Quarton, Walker & Dunlop subject to the City's proposed Zoning Code Update. Allson Ramsay, JP Morgan Chase Lisa Reddy, Prologis
David Salisbury, U.S. Bank
Patrick Schlehuber, Rexford Industrial
First, Government Code section 65858 provides that an urgency ordinance Courtney Smith, Newcastle Partners Kurt Strasiann, CBRE
"prohibiting any uses that may be in conflict with a contemplated general plan, Richard Sung, Newmark specific plan, or zoning proposal that the legislative body, planning commission Jay Todisco, Ware Malcomt Soan Treglia, CBRE
or the planning department is considering or studying or intends to study within a reasonable time" may only be extended twice for a maximum period of up to YPG Liaison: Ivan Rustic, MetroGroup Realty Finance
two (2) years. (Gov. Code, § 65868(a) ["Not more than two extensions may be adopted."].) MAIOP SoCal IECUTIVE STAFF
Timothy Jeal, Chief Executive Officer
Jose Cornajo, Senior Director of Government
Mihran Toumajan, Government Relations
Manager
lecky Ezell, Director of Administratio
halby Donine, Marketing & Communicatior
Manager
Chaptar Office: 918 E. Santa Ana Blvd., Santa Ana, CA 92701 Tel: (714) 550-0309 As confirmed in the City Council Staff Report, the City Council adopted Urgency Ordinance No. 4319 on July 18, 2022, initiating the preliminary 45-day Moratorium. The City Council subsequently extended the Moratorium for an additional ten (10) months and fifteen (15) days on August 15, 2022, via adoption of Urgency Ordinance No. 4321 (First Extension). On June 5, 2023, the City Council adopted Urgency Ordinance No. 4332 further extending the Moratorium an additional 169 days to the current deadline of December 31, 2023 (Second Extension). Thus, as the City Council has already twice-extended the Moratorium, it cannot lawfuily extend the existing Moratorium until June 30, 2024, without violating the two-extension mandate set forth in Government Code section 65858.
Second, although the City could lawfully adopt a new temporary urgency ordinance, such as the Ordinance, it must comply with the substantive and procedural requirements of Government Code section 65868. This would require adoption of the Ordinance by the mandatory 4/5 vote for an initial period of 45 days and subject to further extension up to a maximum of two years via the adoption of subsequent ordinances. (Gov. Code, § 65868(a).) The contemplated Ordinance does not provide for this initial 45 day moratorium period but instead proposes to establish an initial 237-day moratorium period until June 30, 2024. The law does not allow for a new interim urgency ordinance to establish a nearly 8 month initial moratorium period such as that proposed by the Ordinance.
More importantly, however, an ordinance establishing a "new" temporary moratorium must be based on new or different findings than those supporting the initial development freeze and demonstrating the existence of a "current and immediate threat to the public health, safety, or welfare" associated with the issuance of permits and approvals for the prohibited uses (warehousing and trucking-related operations). (Gov. Code, § 65868(c).) Here, the Ordinance attached as Exhibit 1 to the Staff Report does not contain any new or different findings that would justify the purported "new" moratorium or otherwise support the existence of an imminent threat to public safety; rather, the Ordinance simply recites the same boilerplate and factually unsupported findings that were advanced by the City in support of the original urgency ordinance adopted in July 2022. Nor could the City make such findings under the current circumstances given that the City has prepared and circulated for public review a draft of the proposed Zoning Code Update and conducted extensive outreach to the community.
This is a fatal flaw which precludes the City Council from adopting the proposed Ordinance.
Third, we note that the scope of the Ordinance and proposed "new" moratorium is excessively overbroad and would prevent the City from issuing permits and approvals for projects located in areas of the City that will not be affected by the proposed Zoning Code Update. For example, the Zoning Code Update will not impact or affect the zoning regulations governing properties located in areas subject to an approved Specific Plan. Thus, in the event that the City Council does adopt the proposed Ordinance, which NAIOP SoCal and its members strongly urge the City Council not to do, we request that the City acknowledge and confirm that the proposed moratorium will not apply to or affect the processing of permits, approvals and entitlements for projects located in areas of the City governed by an approved Specific Plan. The scope of the moratorium, if any, should be appropriately tailored to apply to only those areas of the City that will actually be affected by the proposed Zoning Code Update.
Finally, and notwithstanding the foregoing, we wish to reaffirm our ongoing commitment on behalf of NAIOP SoCal and its members to work collaboratively with the City Council, Planning Commission and City Staff to refine the proposed Zoning Code Update to address the City's concerns related to current and future commercial and industrial uses while also ensuring that such uses, which are a vital part of the City's legacy and economic engine, can continue to operate and provide jobs, revenue and other benefits to the City.
We appreciate the City Council's consideration of this letter and the concerns raised herein. Please contact me if you have any questions or if you wish to discuss this matter in further detail.
Sincerely,
Timothy Jemal
CEO
NAIOP SoCal
Pomona City Councilmembers
Pomona Planning Commissioners
City Manager James Makshanoff
Development Services Director Anita Gutierrez, AICP
Planning Manager Ata Khan