City of Pomona 505 S. Garey Ave
Pomona, CA 91766
Special Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Couriere do ele
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert S. Torres
VISION STATEMENT
Monday, November 20, 2023 6:00 PM Council Chambers
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d) (1)) Citizens for Amending Prop L, et al. v. City of Pomona, et al.
Los Angeles County Superior Court
Case No. 19STCP00482
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -
EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9(d) (2))
One (1) case related to tolling agreement.
E) 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)
City Council / Housing Authority / Special Meeting Minutes November 20, 2023 Successor Agency to the
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Labor Negotiators: Anita Gutierrez and René Anderson
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 5:59 p.m.
PLEDGE OF ALLEGIANCE
Mayor Sandoval led the pledge of allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Vice Mayor Victor Preciado - arrived at 6:02 p.m.
Councilmember John Nolte
Councilmember Nora Garcia - arrived at 6:04 p.m.
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: Councilmember Elizabeth Ontiveros-Cole
STAFF PRESENT
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Diana Robles, Deputy City Clerk
Sam Wong, IT Director
Maricela Miotto, contracted by the City, provided translation services.
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.
There were no live comments.
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PRESENTATIONS
*Pomona's Investment in Early Childhood Efforts
Governmental & Community Affairs Manager Andrea Rico, UCLA Director Efren Aguilar from the UCLA Center for Healthier Children, Families & Communities, and Neighborhood Services Director Benita DeFrank gave the presentation. They gave a review of the steps taken to support children in Pomona, and discussed future direction and strategies.
Councilmember Garcia asked a few questions regarding some of the data presented.
Vice Mayor Preciado made comments about the presentation.
Councilmember Lustro gave comments.
Mayor Sandoval gave brief comments and thanked staff for the presentation.
ADJOURNMENT
The City Council Special meeting adjourned at 7:06 p.m. on November 20, 2023.
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:06 p.m.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action.
PLEDGE OF ALLEGIANCE
Councilmember Garcia led the pledge of allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Vice Mayor Victor Preciado
Councilmember John Nolte
Councilmember Nora Garcia
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: Councilmember Elizabeth Ontiveros-Cole
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STAFF PRESENT
Anita Gutierrez, Acting 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
*Presentation on State Senator Susan Rubio Legislative Update.
State Senator Susan Rubio gave the presentation.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Vice Mayor Preciado requested a staff update from Neighborhood Services regarding the legal services provided to the community. He thanked the Pomona Police Officers Association for distributing turkeys to the community. He also gave thanks to all community groups that will be hosting various food and toy drives for the community this holiday season. The next CommUnity Pull-Up event will take place on Sunday, November 25 at Memorial Park.
Councilmember Lustro gave thanks to Public Works Staff and Athens Staff for participating in the last two Pomona Beautiful neighborhood clean-ups. He also looks forward to the completion of the ADA Ramp and Sidewalk Rehabilitation project.
Councilmember Garcia gave thanks to Neighborhood Services Staff and Director Benita DeFrank for their hard work and responsiveness with assisting community members who ask for housing assistance. She wished everyone a happy holiday with their loved ones, and expressed sympathy for anyone who may have lost a loved one during this holiday season.
Councilmember Torres gave thanks to all community groups that are working hard to provide services to the community, and encouraged people to support non-profit community groups. He wished everyone a safe and happy holiday, and encouraged people to advocate for peace to their national leaders.
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Mayor Sandoval gave thanks to the Pomona Police Officers Association and Kiwanis for hosting their turkey drive. He attended an informational session by Conexión de Padres regarding the services they provide to parents. Pathway Home, in collaboration with Pomona PD Heart Team and Neighborhood Services, provided temporary housing to approximately forty unhoused people near the San Antonio and Holt Ave intersection.
Mayor Sandoval expressed gratitude to staff for taking dynamic approaches to address complex issues. He also thanked residents who are active in bettering the community.
CITY MANAGER COMMUNICATIONS
Acting City Manager Anita Gutierrez reminded everyone of City Hall's closure on Thursday, November 22, in observance of the Thanksgiving Day Holiday.
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:
Diana Ketterman stated there is a need for academic mentors for students in Pomona and discussed various early childhood programs in the City.
Donna Houston invited everyone to the Pomona Christmas Parade to see the Buffalo Soldiers Tenth Calvary.
Veronica Cabrera spoke in opposition to increasing the City's sales tax rate and compared City of Pomona services to the services of the City of Chino Hills.
Diana Robertson expressed gratitude for the housing assistance she received when she visited City Hall.
Sharon Lee discussed a correction noticed issued to her by Code Compliance.
M. Joyce Bakersmith discussed concerns with the costs of the Los Tigres Del Norte concert and the funds used to pay for those costs.
Gustavo Ramirez discussed the World Peace Now organization, and apologized for failing to transform Pomona into a thriving community. He discussed the project Holt to Hope, and his concerns with drug usage in the community.
Mayor Sandoval recessed the City Council meeting at 8:13 p.m.
Mayor Sandoval resumed the City Council meeting at 8:18 p.m.
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CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to approve the entire Consent Calendar except for Item No. 2, Item No. 7, and Item No. 12 pulled by Councilmembers for comment.
1. Second Reading and Adoption of an 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 adopt at second reading 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
ENFORCEMENT OPTIONS TO ADDRESS PUBLIC NUISANCE CONDITIONS AND
ILLEGAL USES OF PROPERTY WITHOUT REQUIRED APPROVALS AND PERMITS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to adopt Ordinance No. 4341
2. Approve and Adopt a Resolution to Increase the Maximum Tow and Storage Rate Schedule for City-Initiated Tows
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-177 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE MAXIMUM ALLOWABLE
TOW AND STORAGE RATE SCHEDULE FOR CITY-INITIATED TOWS
*This item was pulled by Vice Mayor Preciado for comment.
Vice Mayor Preciado requested Pomona Police Dept. Staff to keep data on the tows initiated by the vendors contracted by the City to ensure no predatory practices are being used to take advantage of community members.
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Mayor Sandoval requested Pomona Police Dept. Staff to come back with clarifications on what measures PD Staff can take when addressing non-contracted towing companies that tow vehicles in the City.
MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER TORRES, CARRIED 6-0 (ONTIVEROS-COLE ABSENT), to adopt Resolution No. 2023-177.
3. Acceptance of the State of California Alcoholic Beverage Control Mini Grant It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-181 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF CALIFORNIA ALCOHOLIC BEVERAGE CONTROL (ABC) GRANT IN THE AMOUNT OF $40,000 AND AMENDING THE FY 2023-24 OPERATING BUDGET BY INCREASING
REVENUE ESTIMATES AND APPROPRIATIONS BY SAID FUNDS
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to adopt Resolution No. 2023-181.
4. Award Bid to Littlejohn-Reuland Corporation for Electrical Maintenance and Repair Services for Motor Control Centers at Water Resources Facilities It is recommended that the City Council take the following action:
1) Award a bid to Littlejohn-Reuland Corporation (Littlejohn) for a three-year agreement with two additional one-year renewal options, for electrical maintenance and repair services for motor control centers (MCC), at the prices bid, in the amount not-to-exceed of $720,000 and,
2) Authorize the City Manager, or designee, to execute a three-year agreement with two one-year renewal options with Littlejohn 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 LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to award a bid to Littlejohn-Reuland Corporation (Littlejohn) for a three-year agreement with two additional one-year renewal options, for electrical maintenance and repair services for motor control centers (MCC), at the prices bid, in the amount not-to-exceed of $720,000 and, authorize the City Manager, or designee, to execute a three-year agreement with two one-year renewal options with Littlejohn on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
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5. Approval of nine Mills Act Contracts for Historic Properties It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-201 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 196 EAST GARFIELD AVENUE
RESOLUTION NO. 2023-202 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 407 SAN FRANCISCO AVENUE
RESOLUTION NO. 2023-203 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 1546 GANESHA PLACE
RESOLUTION NO. 2023-204 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 960 NORTH ELEANOR STREET
RESOLUTION NO. 2023-205 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 454 RANDOLPH STREET
RESOLUTION NO. 2023-206 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 277 GARFIELD AVENUE
RESOLUTION NO. 2023-207 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 530 EAST ALVARADO STREET
RESOLUTION NO. 2023-208 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 504 EAST COLUMBIA AVENUE
RESOLUTION NO. 2023-209 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, APPROVING A MILLS ACT CONTRACT FOR A PROPERTY LOCATED AT 207 LINCOLN AVENUE
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to adopt Resolution No. 2023-201, Resolution No. 2023-202, Resolution No. 2023-203, Resolution No. 2023-204, Resolution No. 2023-205, Resolution No. 2023-206, Resolution No. 2023- 207, Resolution No. 2023-208, and Resolution No. 2023-209.
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Amend Fiscal Year 2023-24 Operating Budget for the Asset Forfeiture fund and Approve the Purchase of a Lenco Bearcat Armored Vehicle in the Amount of $376,731
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-217 - A RESOLUTION OF THE CITY COUNCIL OF
THE ASSET FORFEITURE FUND RESERVES
2) Approve the purchase of a Lenco BearCat Armored Vehicle in the amount of $376,731 utilizing the Houston-Galveston Area Council (H-GAC) cooperative purchasing contract #AM10-23
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to adopt Resolution No. 2023-217 and approve the purchase of a Lenco BearCat Armored Vehicle in the amount of $376,731 utilizing the Houston-Galveston Area Council (H-GAC) cooperative purchasing contract #AM10-23
7. Retroactively Approve Amendment to the Agreement with Parkwood Landscape Maintenance, Inc. to Update the Fee for Pressure Washing Services at the Pomona Transit Center
It is recommended that the City Council take the following actions:
1) Retroactively approve an amendment to the agreement with Parkwood Landscape Maintenance, Inc. to update the fee for pressure washing services at the Pomona Transit Center, effective November 1, 2023 through June 30, 2024, at an annual amount of $132,132; and
2) Authorize the City Manager, or designee, to execute the amended agreement with Parkwood, and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
*This item was pulled by Vice Mayor Preciado for comment.
Vice Mayor Preciado gave thanks to Public Works staff and looks forward to the improvements this contract will bring to the area surrounding the transit center.
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MOTION BY VICE MAYOR PRECIADO, SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to retroactively approve an amendment to the agreement with Parkwood Landscape Maintenance, Inc. to update the fee for pressure washing services at the Pomona Transit Center, effective November 1, 2023 through June 30, 2024, at an annual amount of $132,132; and, authorize the City Manager, or designee, to execute the amended agreement with Parkwood, and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
8. Review and File the Concept Plan for "Civic Center Plaza - New Playground and Amenities, " Project No. 428-71063
It is recommended that the City Council review the proposed Concept Plan "A" and discuss the funding available for construction in the summer of 2024.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to review the proposed Concept Plan "A" and discuss the funding available for construction in the summer of 2024.
9. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, "Enhanced Traffic Signage Replacement - Citywide" It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-225 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT, "ENHANCED TRAFFIC SIGNAGE REPLACEMENT PROGRAM CITYWIDE," PROJECT NO.
428-2590-XXXXX-68588, AND APPROPRIATING $3,500 OF DISTRICT 5 SURPLUS
CAMPAIGN FUNDS TO THE PROJECT
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to adopt Resolution No. 2023-255.
10. Approve Second Amendment to the Contract with Service 1st Increasing the Contract Amount by $4,464.
It is recommended that the City Council take the following actions:
1) Approve Second Amendment to the contract with Service 1st increasing the contract amount by $4,464 from $197,694 to $202,158. All other terms will remain the same;
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2) Authorize the City Manager, or designee, to execute all documents related with this action with approval of the City Attorney, as to form.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to approve Second Amendment to the contract with Service 1st increasing the contract amount by $4,464 from $197,694 to $202,158. All other terms will remain the same; and, authorize the City Manager, or designee, to execute all documents related with this action with approval of the City Attorney, as to form.
11. Adopt a Resolution to Amend the FY 2023-24 VPD Budget by Appropriating $76,800 of the Fund Reserves to the "Contract Sweeping" Line Item Budget Account Number 230-9200-52934-00000 and Award a Three Year Contract for Sweeping Services It is recommended that the City Council approve the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-226 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA TO AMEND THE FY 2023-24 VPD BUDGET BY APPROPRIATING $76,800 OF THE FUND RESERVES TO THE "CONTRACT SWEEPING" LINE ITEM BUDGET ACCOUNT NUMBER
230-9200-52934-00000 TO COVER THE ADDITIONAL COST OF SERVICES 2) Award of a three (3) year Vehicle Parking District (VPD) parking lot sweeping contract with two (2) optional annual adjustable renewals not to exceed the Consumer Price Index (CPI) for each of those specific years to the Downtown Pomona Owners Association (DPOA) for an annual cost of $118,800 for a three (3) year total of $356,400; and
3) Authorize the City Manager to execute the contract.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6-0 (COUNCILMEMBER ONTIVEROS-COLE ABSENT), adopt Resolution No. 2023-226; and award of a three (3) year Vehicle Parking District (VPD) parking lot sweeping contract with two (2) optional annual adjustable renewals not to exceed the Consumer Price Index (CPI) for each of those specific years to the Downtown Pomona Owners Association (DPOA) for an annual cost of $118,800 for a three (3) year total of $356,400; and authorize the City Manager to execute the contract.
12. Approval of a Donation from the City of Pomona's American Rescue Plan (ARP) Expenditure Spending Plan
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It is recommended that the City Council approve a $10,000 donation from the City of Pomona's American Rescue Plan (ARP) expenditure spending plan to the Downtown Property Owners Association for the Pomona Christmas Parade. *This item was pulled by Councilmember Garcia for comment.
Councilmember Garcia made comments regarding the process of approval for use of American Rescue Funds and requested for the practice of using the sub-committee in that process become a policy.
City Attorney Carvalho advised changing the practice into a policy could not be voted on during this meeting, but staff could bring it back as an agendized item for a future meeting.
MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR PRECIADO, CARRIED 6- ° (COUNCILMEMBER ONTIVEROS-COLE ABSENT), to approve a $10,000 donation from the City of Pomona's American Rescue Plan (ARP) expenditure spending plan to the Downtown Property Owners Association for the Pomona Christmas Parade.
DISCUSSION CALENDAR
13. 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 Valley Indoor Swap Meet in support of 16th Annual Toy Giveaway - Requested Amount: $500
B) Amount to be determined to Alcott Elementary in support of their Christmas Toy Giveaway - Requested Amount: $800
C) Amount to be determined to Kennedy Austin Foundation in support of their Group Box of Hope - Requested Amount: $425
D) Amount to be determined to Victory Outreach in support of "Believe" Christmas play and Toy Giveaway - Requested Amount: $1,500 E) Amount to be determined to Conceptual Art Therapy in support of their PEACE Program - Requested Amount: $3,500
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F) Amount to be determined to A Fatherless Field in support of their Pomona Christmas Festival - Miracle on Holt St. - Requested Amount: $3,000 2) Receive and file the recap of final amounts.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (ONTIVEROS-COLE ABSENT), to make a finding of public benefit for items A-F.
ADJOURNMENT
The City Council meeting adjourned at 8:30 p.m. on November 20, 2023 in memory of Barry Dolgovin.
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 lousing Authority/Successor Adenc to the Redevelopment Agency Redevelopment Agency
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