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 WITH 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
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, November 6, 2023 Council Chambers
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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)
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.
MAYOR/COUNCILMEMBER 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 P ark, 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 Ch ristmas Parade. Lastly, he 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.
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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 histor y 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.
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:
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 for CalRecycle Round Two SB 1383 Local Assistance Grant Program funds on behalf of the City.
3. A Resolution Amending the C apital 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 a greement 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 exec ute 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 M anager, 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.; Accurat e 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;
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2) Approve a sole source award to Accurate Measurement Systems, Inc., (AMS) for the purchase of Krohne 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 agreemen ts, 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 , a pprove a sole source award to Accurate Measurement Systems, Inc., (AMS) for the purchase of Krohne Electromagnetic Flow Meters, for a five (5) year term, at the market prices; and, a ward a bid to United Water Works (United), for the one time purchase of fi re hydrants and hydrant guard surge protectors, at the per-unit price bid, i n the amount of $327,446; and, a uthorize 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 sewer 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 servic es, 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 UNEXP ENDED 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.
8. 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 , a uthorize 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 Engin eer 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 UNAPPROPR IATING $59,000
OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP)(D5) FROM “PHILLIPS RANCH EXERCISE PAR COURSE 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 A CCEPTANCE 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 PROG RAMS 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 CONT EXT 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 th e 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 represent ative on both the Pomona Valley Protective 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 Reserve s 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 item(s); 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 1 st 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 Qui ñones spoke in support of the SGVVC 1 st 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 O F 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 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
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 16
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 Una udited Year-End Overview; and, review the FY 2023-24 General Fund 1st Quarter Budget Report; and, adopt Resolution No. 2023-210.
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 17
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 Es tablishment 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 Enhancem ent 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
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 18
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 A RTICLE 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 license s 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 Approp riating $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 C OMPENSATION
PLAN FOR PART-TIME MANAGEMENT/CONFIDENTIAL EMPLOYEES
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 19
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.
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 20
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:
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 21
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 RELA TED 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 c oncerns 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 s upport 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.
City Council / Housing Authority / Meeting Minutes November 6, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 22
Councilmember G arcia 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:
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