505S. Garey Ave
City of Pomona Pomona, CA 91766
Regular Meeting Minutes
«COKPOBAHO
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
Vice Mayor Victor Preciado
Councilmember John Nolte
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert S. Torres
VISION STATEMENT
com Puro tail a recogn eding destination a deal home of arts and artists, students and scholars, business and industry.
Monday, December 4, 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)) 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)(4))
In re Aqueous Film Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873-RMG
C) 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 / Meeting Minutes December 4, 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 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 Ganesha 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
Maricela Miotto, contracted by the City, provided translation services.
PRESENTATIONS
*Pomona City Hall - Annual Tree Lighting Ceremony
Mayor Sandoval recessed the City Council meeting at 7:04 p.m. to allow people to exit the chambers and participate in the Tree Lighting Ceremony.
Mayor Sandoval resumed the meeting at 7:17 p.m.
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* Recognition of Benita DeFrank from the San Gabriel Valley Regional Housing Trust Claremont Councilmember and SGVRHT Chairman Jed Leano gave recognition to Neighborhood Services Department Director Benita DeFrank for her collaboration with the SGV Regional Housing Trust Board to end homelessness. *Presentation of the Pomona Goddess to Neighborhood Services Department Director Benita DeFrank
Each Councilmember spoke a few words of gratitude and recognition about Director DeFrank. Mayor Sandoval presented the Pomona Goddess to Director Benita DeFrank.
Three band members from the Garey High School Marching Band invited everyone to attend Garey High School's Christmas Concert taking place on December 15 at Garey High School.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Nolte thanked the Christmas on Columbia organization and Kim Johnson for putting on a beautiful opening event.
Vice Mayor Preciado thanked everyone for attending the meeting and wished everyone happy holidays.
Councilmember Garcia wished everyone happy holidays and invited everyone to attend the Library's two holiday events: Grinch at the Library on December 13 and Santa Claus at the Library on December 20.
Councilmember Ontiveros-Cole attended Senator Rubio's Women's Club Toy Drive. She invited the community to participate in the Toy Drive sponsored by the Fatherless Children Organization, and wished everyone happy holidays.
Councilmember Lustro attended the Police Department's Area Commander Meeting at Westmont Community Center. Councilmember Lustro also attended the Stuff-A-Cruiser, a Police Department Toy Drive. He wished everyone happy holidays.
Mayor Sandoval thanked the Christmas on Columbia organization and Kim Johnson for their opening event, and encouraged folks to visit the decorations. He wished everyone happy holidays and thanked staff for their continued work in serving the community.
Councilmember Torres wished everyone a happy thanksgiving, and gave thanks to all community groups hosting food and toy drives this month. He encouraged people to get involved with community support.
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CITY MANAGER COMMUNICATIONS
Assistant City Manager Anita Gutierrez advised there was nothing to report.
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:
Raquel Salazar-Castillo spoke about the resources and opportunities from Lopez Urban Farm available to the community. The farm is located at 1034 W. Mission Blvd.
Jerold Hoffman discussed concerns with homelessness and expressed a need to increase City efforts to address homelessness.
Sergio shared concerns about sex trafficking issues in the City and requested they be addressed.
Karina Reyes discussed affordable housing shortages and asked the City for stronger housing stabilization ordinance that gives tenants more protections.
Yanet Perez discussed harassment her mother is facing from the manager of the apartment complex in which she lives. She requested the City adopt a stronger housing stabilization ordinance.
Elvia Velazquez spoke about her negative experience with the property owner from whom she rents and asked for a stronger housing stabilization ordinance.
Debra Martinez, Housing Justice Coordinator from the Pomona Economic Opportunity Center, and a landlord, spoke about the inhabitability of many rental properties. She asked City Council to address loopholes in the current housing stabilization ordinance and gave suggestions on how to address them.
Benjamin Wood, also from the Pomona Economic Opportunity Center, spoke in support of a stronger housing stabilization ordinance to protect renters.
Veronica Cabrera discussed reasons for her belief in the ineffectiveness of the current sales tax rate, and compared city services between the City of Chino Hills and the City of Pomona.
Jacqueline Velazquez asked if the City could authorize weekly yard sales to allow residents to sell in the same fashion as street vendors.
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Lisa Alexander discussed concerns with sex trafficking and homelessness, and with the Police's lack of response to those issues.
Greg Estel requested the City clean up the alleys and streets to eliminate unsanitary conditions throughout the City.
Jennifer Ward Batts requested the City develop more efficient enforcement methods to address street vendors who do not comply with the City's street vending ordinance.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the entire Consent Calendar.
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:
November 6, 2023 Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve the City Council/Housing Authority/Successor Agency to the Redevelopment Agency Special Meeting Minutes of November 6, 2023.
2. Award a Sole Source Agreement to Advanced Utility Systems for Upgrade and Maintenance of the Utility Customer Information System Software It is recommended that the City Council take the following actions:
1) Award a sole source agreement to Advanced Utility Systems (Advanced) for upgrade and maintenance of the City's utility Customer Information System (CIS), in a not-to-exceed amount of $467,825 of which $64,260 is for annual maintenance fees for four contract years; and,
2) Authorize the City Manager, or designee, to execute the agreements on behalf of the City and any subsequent documents or amendments, subject to approval as to form by the City Attorney.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to award a sole source agreement to Advanced Utility Systems (Advanced) for upgrade and maintenance of the City's utility Customer Information System (CIS), in a not-to-exceed amount of $467,825 of which $64,260 is for annual maintenance fees for four contract years; and, authorize the City Manager, or designee, to execute the agreements on behalf of the City and any subsoquent documents or amendments, subject to approval as to form by the City Attorney.
3. Award of Contract to Parkwood Landscape Maintenance, Inc. for Citywide Weed Abatement and Minor Insect and Pest Control Services
It is recommended that the City Council take the following actions:
1) Award a three-year contract with two (2) optional one-year extensions to Parkwood Landscape Maintenance, Inc. for Citywide weed abatement services, and minor insect and pest control services effective December 5, 2023 through December 4, 2026, in an amount not-to-exceed $273,000; and 2) Authorize the City Manager, or designee, to execute the agreement and any relaied documents, amendments, and extensions, subject to approval by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to award a three-year contract with two (2) optional one-year extensions to Parkwood Landscape Maintenance, Inc. for Citywide weed abatement services, and minor insect and pest control services effective December 5, 2023 through December 4, 2026, in an amount not-to-exceed $273,000; and authorize the City Manager, or designee, to execute the agreement and any related documents, amendments, and extensions, subject to approval by the City Attorney.
4. Approval of Agreement with Just Us 4 Youth (JU4Y) for Services Relating to the Implementation of the California Violence Intervention and Prevention Grant (CalVIP)
It is recommended that the City Council take the following actions:
1) Approve a twenty-month agreement with Just Us 4 Youth (JU4Y) in the amount not to exceed $200,000 for their role in supporting the Office of Violence Prevention (OVP) as it carries out the City of Pomona's California Violence Intervention and Prevention (CalVIP) Grant implementation of the CalVIP Grant; and,
2) Authorize the City Manager, or designee, to execute the agreement and any extensions, subsequent changes or amendments thereto, on behalf of the City, subiect to review and approval as to form by the City Attorney.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve a twenty-month agreement with Just Us 4 Youth (J04Y) in the amount not to exceed $200,000 for their role in supporting the Office of Violence Prevention (OVP) as it carries out the City of Pomona's California Violence Intervention and Prevention (CalVIP) Grant implementation of the CalVIP Grant; and, authorize the City Manager, or designee, to execute the agreement and any extensions, subsequent changes or amendments thereto, on behalf of the City, subject to review and approval as to form by the City Attorney.
Award of Professional Consultant Services Agreement to RKA Consulting Group for "Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue," Project No. 428-2590-XXXXX-68573
It is recommended that the City Council take the following actions:
1) Award a Professional Consultant Services Agreement to RKA Consulting Group for Design and Construction Management Services in the amount of $1,747,230 for "Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue," Project No. 428-2590-XXXXX-68573, and
3) Authorize the City Manager, or designee, to execute the Agreement 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 7-0, to award a Professional Consultani Services Agreement to RKA Consulting Group for Design and Construction Management Services in the amount of $1,747,230 for "Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue," Project No. 428-2590-XXXXX-68573, and authorize the City Manager, or designee, to execute the Agreement on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney.
Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a Now Project, "Palomares Park - Lawn Bowling Shade Structure Replacement"
It is recommended that the City Council adopt the following resolution:
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RESOLUTION NO. 2023-232 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE 2023-24 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE
ESTIMATES FOR LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT MEASURE A FUNDING BY $543,684 AND CREATING A NEW PROJECT, "PALOMARES PARK - LAWN BOWLING SHADE STRUCTURE REPLACEMENT," PROJECT NO. 428-2590-XXXXX-71097; APPROPRIATING $43,000 OF LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT MEASURE A FUNDING ANNUAL ALLOCATIONS TO THE NEW PROJECT, AND APPROPRIATING AN ADDITIONAL $500,684 OF MEASURE A ANNUAL ALLOCATIONS TO "MEASURE A PARK IMPROVEMENTS -
CITYWIDE," PROJECT NO. 428-2590-XXXXX-71080
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMDER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2023-232.
7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Unappropriating Funds from Various Projects, and Appropriating These Funds and ATP Cycle 4 Grant Funds to "Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements," Project No. 428-2590-XXXXX-67930; and Awarding a Construction Contract to Gentry Brothers, Inc.
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-231 - A RESOLUTION OF THE CITY COUNCIL OF THE CHY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING FUNDS FROM VARIOUS PROJECTS AS INDICATED IN ATTACHMENT NO. 1 - EXHIBIT 1 TO RESOLUTION AND APPROPRIATING THESE FUNDS TO "POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE
IMPROVEMENTS," PROJECT NO. 428-2590 XXXXX-67930; AND BY
ACCEPTING, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $8,534,000 COF ATP CYCLE 4 GRANT FUNDS TO "POMONA
MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENTS," PROJECT NO. 428-2590-XXXXX-67930
2) Award a Construction Contract io Gentry Brothers, Inc. in the amount of $15,022,039 to include Base Bid plus Additive Alternates one (1) through five (5) for "Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements," Project No. 428-2590-XXXXX-67930;
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3) Authorize the City Manager, or his designee, to execute the construction contract, and all related documents (ATP Cycle 4 Grant documents, permits, etc.);
4) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and 5) Approve including Saturdays in the "Allowed Working Days" for the Contractor to perform construction improvements, as necessary.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to adopt Resolution No. 2023-231; and, award a Construction Contract to Gentry Brothers, Inc. in the amount of $15,022,039 to include Base Bid plus Additive Alternates one (1) through five (5) for "Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements," Project No. 428-2590-XXXXX-67930; and, authorize the City Manager, or his designee, to execute the construction contract, and all related documents (ATP Cycle 4 Grant documents, permits, etc.); and, find that the project referenced above is categorically exempt from the • California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and, approve including Saturdaye in the "Allowed Working Daye" for the Contractor to perform construction improvements, as necessary.
8. Approval of Amendment to the City's Special Legal Counsel Panel It is recommended that the City Council take the following actions:
1) Approve hourly rate increase for the Law Offices of Richard Powell to $200 per hour; and
2) Authorize the City Manager to execute an updated retainer agreement with the requested firm.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve hourly rate increase for the Law Offices of Richard Powell to $200 per hour; and, authorize the City Manager to execute an updated retainer agreement with the requested firm.
Award a Contract to RADAR Inc. for Architectural Services for the Preparation of Plans and Specifications for the Rehabilitation of 252 E. 4th Street, Pomona, CA It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority take the following actions:
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1) Approve an award of contract to RADAR Inc. for the preparation of plans and specification for the rehabilitation of 252 E. 4th Street, Pomona in the amount of $350,725; and
2) Authorize the Executive Director of the Housing Authority or designee, to execute the contract on behalf of the Housing Authority, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve an award of contract to RADAR Inc. for the preparation of plans and specification for the rehabilitation of 252 E. 4th Street, Pomona in the amount of $350,725; and authorize the Executive Director of the Housing Authority or designee, to execute the contract on behalf of the Housing Authority, subject to review by the City Attorney.
10. Amendment to Purchase Order with Architerra Design Group for the Hamilton Park Renovation Project
It is recommended that the City Council take the following actions:
1) Approve Amendment No. 6 to Purchase Order No. 202304 with Architerra Design in the amount of $1,963, for a new total contract amount of $146,663, for professional design services for "Hamilton Park Renovation," Project No. 428-2590-XXXXX-71070; and
2) Authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 6, subject to City Attorney approval.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to approve Amendment No. 6 to Purchase Order No. 202304 with Architerra Design in the amount of $1,963, for a new total contract amount of $146,663, for professional design services for "Hamilton Park Renovation," Project No. 428-2590-XXXXX-71070; and authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 6, subject to City Attorney approval.
DISCUSSION CALENDAR
11. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds
It is recommended that the City Council take the following actions:
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the recommended items); and
A) Amount to be determined to Sowing Seeds for Life in support of Gifts Cards for toys for local kids - Requested Amount: $1,000
B) Amount to be determined to Integrative Development Initiative in support of SoilFest: Celebrating the Art, Science, and Healing of Soil - Requested Amount: $1,200
C) Amount to be determined to Garey High School in support of Garey High Winter Celebration - Requested Amount: $4,000
D) Amount to be determined to Fox Theater Pomona in support of La Posada - Requested Amount: $7,000
E) Amount to be determined to Ted Greene Little League in support of fixing the scoreboard on the baseball field - Requested Amount: $1,750 F) Amount to be determined to Vietnamese Community Pomona Valley in support of Mid-Autumn Children Festival - Requested Amount: $5,000 G) Amount to be determined to African American Advisory Alliance in support of its 4'h Annual Kwanzaa Joy Celebration - Requested Amount: $2,500 2) Receive and file the recap of final amounts.
Public Speaker Elinor Crescenzi spoke in support of the SoilFest and described the event.
Public Speaker Ellie O'Bosky spoke in support of the SoilFest.
12. City Council Consideration of a Moratorium on the Establishment, Expansion, or Modification of Certain Logistics Facilities and Related Uses that are Located within the City of Pomona
It is recommended that the City Council introduce, waive further and give reading to 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 65858, ESTABLISHING A TEMPORARY 45-DAY
MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF
CERTAIN LOGISTICS FACILITIES AND RELATED USES THAT ARE LOCATED
WITHIN THE CITY OF POMONA
**Please see attachment for emails submitted regarding this item.
Planning Manager Ata Kahn gave the staff presentation.
The following members of the public submitted a speaker card in support of the item but did not wish to speak:
Kyle Brown
Debra Simpson
Derek Engdahl
Joe George
Marie T. Trew
Angelica Sanchez
Lucia Salas
Claudia Becerra
Susana Pascual
Eddie Perez
Crystal Torres
Beatriz Ross
Julie Roberts-Fronk
Mary Jean Neault
Jamie Gibson
Jessica Fallon
David Fronk
Enriqueta Velazquez
Michael Fronk
Kathryn Martens
Jeff Johannsen
Maribel Chavez
Bridgette Ramirez
Bolaji Bakare
Mary Morales
Hugh Wire
Josefina Chavez
Lucero Chavez
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The following public speakers spoke in support of the item:
Jonathan Kupetz
Lisa Engdahl
Maria Elena Gonzalez
Luis Gonzalez
Karen Gonzalez
Coco George
Damiana Aldana
Bree Hsieh
Adam Donner
Margaret Velarde
Mireya Escobar
Mike Sutton
Wei-Tsu Loh
Don Martens
Chau Nguyen
The following public speakers spoke in opposition to the item:
Andrew Fogg
Luis Cano
Christian Cocin
Mihran Toumajan
Steve Masura
Councilmember Lustro asked questions to staff and gave comments.
Planning Manager Kahn answered his questions.
Councilmember Ontiveros-Cole gave comments.
Councilmember Nolte asked questions to staff regarding the language for findings.
Planning Manager Kahn re-read the additional recommended language for findings from the power point presentation.
Councilmember Torres gave comments in support of manufacturing industry.
Councilmember Garcia gave comments.
Councilmember Nolte gave additional comments.
Mayor Sandoval gave comments and asked for clarifications.
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Planning Manager Kahn gave additional comments.
Mayor Sandoval advised the motion would need six votes to pass.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE, FAILED 5-2 (COUNCILMEMBER ONTIVEROS-COLE AND COUNCILMEMBER TORRES OPPOSED) to introduce, waive further and give reading to Urgency Ordinance No. 4339.
Due to insufficient votes, Urgency Ordinance No. 4339 was NOT ADOPTED. **After Discussion Item 12, items were heard in the following order: Public Hearing Item No. 17, Public Hearing Item No. 16, Discussion Item No. 13, Discussion Item No. 14 and Discussion Item No. 15.
After recusing himself from Public Hearing Item No. 16, Councilmember Torres left the City Council meeting at 10:45p.m.
13. Adoption of an Urgency Ordinance Amending the City of Pomona Zoning Ordinance Pertaining to Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations and Determining the Ordinance to be Exempt from CEQA It is recommended that the City Council introduce, waive further, give reading to, and adopt the following urgency ordinance:
URGENCY ORDINANCE NO. 4340 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION .5809-26 OF THE CITY OF POMONA ZONING ORDINANCE PERTAINING TO
ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT
REGULATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
Planning Manager Ata Kahn gave a brief introduction of the item.
Councilmember Ontiveros-Cole returned to the Council Chambers at 11:15 p.m.
Councilmember Lustro gave comments.
Vice Mayor Preciado asked questions to staff.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (COUNCILMEMBER TORRES ABSENT), to adopt Urgency Ordinance No. 4340.
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14. City Council Direction - Ballot Argument Concerning an Initiative Measure to Reduce Transactions and Use Tax Rate from 0.75% to 0.50% and to Extend the Term of the Tax by Repealing its March 31, 2029 Sunset
It is recommended that the City Council consider the information provided herein and provide staff direction.
Finance Director Andrew Mowbray gave a brief introduction of the item.
Mayor Sandoval volunteered to write the argument.
Councilmember Nolte and Councilmember Garcia also volunteered to contribute to the argument.
City Clerk Butler asked for clarification: if Mayor Sandoval, Councilmember Nolte, and Councilmember Garcia would also write the rebuttal.
Mayor Sandoval advised yes.
MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR PRECIADO, CARRIED 6- 0 (COUNCILMEMBER TORRES ABSENT), to assign the writing of the argument and rebuttal to Mayor Sandoval, Councilmember Nolte and Councilmember Garcia.
15. Determine the Terms of Two (2) of the Police Oversight Commissioners to be Two (2) Year Terms Pursuant to Ordinance No. 4333
It is recommended that the City Council determine the terms of two (2) of the new commissioners of the Police Oversight Commission to be iwo (2) year terms pursuant to Section 2-654 of Ordinance No. 4333.
After some deliberation, the City Council decided to find an impartial way of selecting two commissioners to have a (2) two year term.
Acting City Manager Gutierrez suggested staff could write the names of all the commissioners onto pieces of paper, and then draw two names.
Cily Council agreed io that selection method. Assistant City Manager Gluba wrote the names of all the Police Oversight Commissioners and then placed them inside a cup.
Mayor Sandoval then asked Human Resources Director Rene Anderson to draw two names from the cup.
Public Speaker Tremale Ratcliffe asked a question regarding the beginning of the shortened term.
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City Attorney Carvalho verified that all five names of the commissioners were placed into the cup.
Assistant City Manager Mark Gluba held the cup while Human Resources Director drew two names from the cup. The first name drawn was Brian Brooks and the second name drawn was Tremale Ratcliffe.
MOTION BY VICE MAYOR PRECIADO, SECOND BY MAYOR SANDOVAL, CARRIED 6- 0, to select Commissioner Brian Brooks and Commissioner Tremale Ratcliffe to have Two (2) year terms pursuant to Section 2-654 of Ordinance No. 4333.
PUBLIC HEARINGS
16. Appeal of Planning Commission Decision Regarding Conditional Use Permit No. 18542-2022 for the Development of a Drive-Through Configuration of a Restaurant and Development Plan Review No. 18543-2022 for the Remodel of the Existing Building into an Eating and Drinking Establishment on 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 adopt the following resolutions:
RESOLUTION NO. 2023-233 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP-018542-2022) FOR THE CREATION OF A DRIVE-THROUGH
CONFIGURATION FOR A RESTAURANT ON A PROPERTY LOCATED AT 110 E.
FOOTHILL BOULEVARD (APN: 8367-001-062) IN THE NEIGHBORHOOD
CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS
RESOLUTION NO. 2023-234 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING A DEVELOPMENT PLAN REVIEW (DPR-018543-2022) FOR THE REMODEL AND CONVERSION OF AN EXISTING 4,400 SQUARE-FOOT OFFICE BUILDING INTO AN EATING AND DRINKING ESTABLISHMENT, INCLUDING A 141 SQUARE FOOT ADDITION, ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD (APN:
8387-001-062) IN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA
CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN
NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS
**Please see attachment for emails submitted regarding this item.
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City Attorney Carvalho advised two councilmembers would need to make a disclosure and then recuse themselves from the vote due to SB 1439.
Councilmember Torres disclosed that he had received a donation of $1,000 from Reliable Properties and then recused himself. Councilmember Ontiveros-Cole recused herself as well. Additionally Councilmember Torres advised this would be the end of his participation in this City Council meeting. Both councilmembers then exited the Council Chambers.
Planning Manager Ata Kahn gave the staff presentation.
Mayor Sandoval opened the public hearing.
Public Speaker Hai Zaidul spoke in support of the item.
Public Speaker Sam Nourashan spoke in support of the item.
Public Speaker Mark R. Smith submitted a speaker card in support of the item but was not present to speak.
Public Speaker Gabriela Marks spoke in support of the item.
Public Speaker Rod Nourafshan spoke in support of the item.
Mayor Sandoval closed the public hearing.
Councilmember Garcia gave comments and asked questions to staff.
Planning Manager Kahn answered Councilmember Garcia's questions.
Vice Mayor Preciado asked questions to staff and gave comments.
Planning Manager Kahn answered Vice Mayor Preciado's questions.
Mayor Sandoval gave comments in support of the item.
Councilmember Lustro gave comments.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY MAYOR SANDOVAL, CARRIED 4-1 (COUNCILMEMBER GARCIA OPPOSED, COUNCILMEMBER ONTIVEROS-COLE AND COUNCILMEMBER TORRES RECUSED), to adopt Resolution No. 2023-233 and Resolution No. 2023-234.
City of Pomona Page 17
City Council / Housing Authority / Meeting Minutes December 4, 2023 Successor Agency to the
Redevelopment Agency
17. Public Hearing to Adopt a Resolution Establishing a Pre-Arrest Youth Diversion Policy
It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the adoption of a resolution establishing a pre-arrest youth diversion policy, and
2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolution:
RESOLUTION NO. 2023-237 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IMPLEMENTING SECTION 2-1202 OF
THE CITY OF POMONA MUNICIPAL CODE AND ESTABLISHING A
PRE-ARREST YOUTH DIVERSION POLICY TO OFFER POMONA YOUTH A
SECOND CHANCE
Pomona Police Chief Michael Ellis gave the staff presentation.
Mayor Sandoval opened the Public Hearing.
Public Speaker Orlando Arias-Pulido submitted a speaker card in support of the item but was no longer present to speak.
Public Speaker Tremale Ratcliffe spoke in support of the item.
Public Speaker Cindy Oliver spoke in support of the item.
Public Speaker Arleen Yaz Alonso spoke in support of the item.
Public Speaker Bianca Haro spoke in support of the item.
Public Speaker Ivan Hernandez spoke in support of the item.
Mayor Sandoval closed the Public Hearing.
Mayor Sandoval gave comments and gave thanks to all the organizations for their collaboration.
MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR PRECIADO, CARRIED 7- 0, to adopt Resolution No. 2023-237.
ADJOURNMENT
The City Council meeting adjourned at 11:30 p.m. on December 4, 2023.
City of Pomona Page 18
City Council / Housing Authority / Meeting Minutes December 4, 2023 Successor Agency to the
Redevelopment Agency
Respectfully submitted, ATTEST:
- TIM SANDOVAL
ROSALIA A. BUTLER, MMC
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 19
Robles, Diana
From: Campos, Naomi <[email protected]>
Sent: Monday, December 4, 2023 12:24 PM
To: City Clerk; Gutierrez, Anita; Khan, Ata
Cc: Gosney, Paige
Subject: Industrial Stakeholder (Prologis) Public Comment in Opposition to Agenda Item No. 12 Attachments: 2023.12.04 Public Comment Ltr to City of Pomona re Agenda Item No. 12.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
This email is sent to you on behalf of Paige H. Gosney
Attached: Letter to the Honorable Mayor and City Council, City of Pomona (December 4, 2023) c/o Rosalia A. Butler, MMC, City Clerk
RE: Industrial Stakeholder (Prologis) Public Comment in Opposition to Agenda Item No. 12, Urgency Ordinance No. 4339
Naomi Campos
Secretary to Paige H. Gosney
Allen Matkins Leck Gamble Mallory & Natsis LLP
2010 Main Street, 8h Floor, Irvine, CA 92614-7214
(949) 553-1313 (main)
(949) 553-1313 x22122 (direct)
(949) 553-8354 (fax)
[email protected]
Allen Matkins
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachments) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Altomeys at Law
2010 Main Street, 8 Floor | Irvine, CA 92614-7214
Telephone: 949.553.1313 | Facsimile: 949.553.8354
www.allenmatkins.com
Paige H. Gosney
E-mail: [email protected]
Direct Dial: 9498515444 File Number: 393715.00006
Via Electronic Mail
December 4, 2023
Honorable Mayor and City Council
City of Pomona
c/o Rosalia A. Butler, MMC, City Clerk
S05 South Garey Avenue
Pomona, CA 91766
Email: [email protected]
Re: Industrial Stakeholder (Prologis) Public Comment in Opposition to Agenda Item No. 12, Urgency Ordinance No. 4339 (45-day
Moratorium)
Dear Honorable Mayor and City Councilmembers:
This firm represents Prologis, Inc. ("Prologis") with respect to several existing industrial roperties it owns and operates located throughout the City of Pomona ("City'"). On behalf o rologis, for inclusion in the administrative record for the above-referenced City case file, w respectfully submit this comment letter urging the Honorable City Councilmembers to vote against approving, or at the very least call for a pause to reconsider, the proposed blanket industrial moratorium under Urgency Ordinance No. 4339 ("Proposed Moratorium") scheduled to be heard as Agenda Item No. 12 at today's City Council meeting.
We are in direct alignment with and echo the concerns expressed by several other industrial stakeholders, including NAIOP SoCal and its over 1,250 members, in opposing the Proposed Moratorium. The Proposed Moratorium, extending the current logistics and warehousing moratorium, fails to meet the necessary legal standards under California law for a new temporary moratorium. Notably, it lacks new or different findings to justify a renewal, failing to demonstrate a "current and immediate threat to public health, safety, or welfare" as required by Government Code § 65858(c). Rather, the Staff Report and resolution outline and rely upon the same unfounded assertions of longstanding, legacy industrial uses "run[ning) rampant" without adequate safeguards to protect public health, safety and welfare. Not only is there no data or factual support for these assertions but there is no new or different circumstance that has arisen that would justify enacting a "new" temporary ban on industrial uses within the City. The City simply desires more time to refine Los Angeles | Orange County | San Diego | Century City | San Francisco | New York Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at taw
Honorable Mayor and City Council
City of Pomona
December 4, 2023
its proposed Zoning Code Update which, in purpose and effect, seeks to completely eliminate all non-manufacturing industrial uses over 22,000 square feet throughout the City.
In short, absent a new and imminent threat to public safety associated with the continued operation of industrial uses, there is no legal justification for the Proposed Moratorium.
The stated premise of the Proposed Moratorium per the Staff Report is that it is narrowly targeted - this is both misleading and inaccurate. The Proposed Moratorium predominantly impacts medium- and large-scale distribution-oriented and fulfillment-oriented industrial uses, which are vital for local economic sustainability, providing thousands of jobs and substantial revenue for the City. The Staff Report concludes that the Proposed Moratorium will only impact approximately 24% of property owners based on a high-level review of current information from the Los Angeles County Assessor. We note that this estimate is misleading to the extent it ignores the size of uses impacted (including on a square foot or employee basis) and limits its focus to the number of buildings affected. By virtue of casting the Proposed Moratorium's net over all medium and large warehousing and logistics centers it necessarily impacts far more than 25% of industrial related jobs and uses on a per-square-foot basis, the appropriate metric that should have been used in determining the impact of the proposed ban. In short, the Proposed Moratorium is not narrowly tailored by any reasonable measure.
Moreover, the Staff Report's claim that the Proposed Moratorium will have no fiscal impact at this time overlooks the broader economic implications for the City, particularly the vital contributions of logistics and distribution facilities to the local economy. The history of moratorium extensions since July 2022, culminating in the current proposal, illustrates a pattern of extending restrictions without adequately addressing underlying concerns or providing concrete solutions.
It is critical to highlight that at the June 6, 2022 meeting, City Staff discussed various strategies to address the cumulative impacts of warehouse development, including updating the zoning code and creating an Environmental Justice element in the General Plan. These proposed strategies suggest alternative approaches that could address the City's concerns without resorting to a blanket moratorium such as the one being proposed under Urgency Ordinance No. 4339.
The current moratorium, set to expire on December 31, 2023, was originally implemented as a temporary measure to facilitate the adoption of comprehensive updates to the City of Pomona Zoning Ordinance. However, the decision by the City Planning Division to extend the deadline for adopting new standards to April 2024 raises significant concerns. This extension, rather than providing a solution, only prolongs the uncertainty for industrial stakeholders and hinders the sustainable development and upgrades to warehousing and logistics facilities in the City. This extended period of uncertainty is detrimental to the economic interests of the City, as it discourages Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys at Law
Honorable Mayor and City Council
City of Pomona
December 4, 2023
investment and development in the logistics sector, a key contributor to Pomona's economy. It also undermines the City's ability to benefit from the jobs, revenue, and growth that well-regulated warehousing and logistics facilities can provide.
Therefore, instead of extending the moratorium, which only perpetuates the status quo, ive urge the City Council to expedite the process of updating the zoning ordinance. A more immediate and focused effort on revising the zoning codes will provide clarity and direction for sustainable development, aligning with the City's long-term economic and community goals. We advocate for a balanced approach that addresses the City's planning concerns while acknowledging the crucial role of the logistics and warehousing sector in Pomona's economic landscape.
Prologis is committed to engaging in a constructive dialogue with the City Council and staff to find mutually agreeable solutions for the City's industrial development concerns. We believe that a more balanced approach, considering the interests of all stakeholders, including the City, its residents, and industrial owners and tenants, is essential.
In conclusion, we respectfully urge the City Council to reject the Proposed Moratorium being considered at this evening's City Council meeting. The imposition of a blanket moratorium, without substantial justification and consideration of its broader economic impact, is not in the best interests of the City, residents, or its longstanding industrial stakeholder base. Instead, we advocate for collaborative efforts to address the various concerns while continuing to support the essential role that logistics and warehousing facilities play in Pomona's economic fabric.
Respectfully submitted,
Paige H. Gosney
CC: Anita Gutierrez, Assistant City Manager (via e-mail only) Ata Khan, Planning Manager (via e-mail only)
Prologis (via e-mail only)
Robles, Diana
From: Butler, Rosalia
Sent: Monday, December 4, 2023 5:55 PM
To: Robles, Diana
Subject: FW: CC Public Comment 12-04-23
Attachments: FOOTGARY-110-Popeye's Chicken-Itr to City Council re drive-thru request-12-4-2023.pdf
Importance: High
FY! - For minutes
From: Tam, Vinny <[email protected]>
Sent: Monday, December 4, 2023 5:51 PM
To: Gutierrez, Anita <Anita. [email protected]>; Khan, Ata <[email protected]>; Butler, Rosalia <[email protected]>
Subject: FW: CC Public Comment 12-04-23
Importance: High
See attached letter regarding Item 16. Thanks,
Vinny Tam, AICP (he/him) | Senior Planner
City of Pomona | 505 S. Garey Ave.
Pomona, CA 91769 | (909) 620-2284
[email protected]
From: Hubie Lee Byrne < [email protected]>
Sent: Monday, December 4, 2023 5:12 PM
To: Tam, Vinny <Vinny. [email protected]>
Subject: FW: CC Public Comment 12-04-23
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
Hello Mr. Tam,
We emailed Mr. Fortune pursuant to the subject concern and received a response email as hereunder provided:
Hello,
I will be out of the office and will be unable to respond to this email until Monday, October 10, 2022.
If you need immediate asistance, please contact 909) 620-2191 or email [email protected]. Thank you! Regards,
Alan Fortune
Assistant Planner
If you would be so kind to provide this attachment to the relevant staff it would be greatly appreciated.
Thank you, and please stay safe and healthy.
1 Hubie L. Byrne
O ROMARLE
PROPERTES
6420 Wilshire Bivd.
Suite #1500
Los Angeles, CA 90048-5561
T- 323-653-3777 x104
F - 323-651-4011
www.reliableprop.com
Disclainer:
Any views, statements, interpretations, declarations, or opinions expressed in this email are, solely and exclusively, those of the sender and do not necessarily represent those of the company from which it originated.
The information contained in this email (including any attachments) is private and confidential, may be legally privileged or exempt from disclosure under applicable law, and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this email is not the intended recipient, or the person responsible for delivering the email to the intended recipient, you are hereby notified that any use, dissemination, distribution, retention, archiving, or reproduction of this email is strictly prohibited. If you have received this email in error, please notify the sender by return email and immediately delete it.
From: Hubie Lee Byrne
Sent: Monday, December 4, 2023 4:40 PM
To: '[email protected]' <[email protected]> Cc: '[email protected]' < [email protected]> Subject: CC Public Comment 12-04-23
Hello Mr. Fortune,
We hope this finds you and yours safe and healthy.
Please refer to the attached letter and provide to relevant parties at your convenience as reference to the subject Appeal [CUP No. 018542-2022 and DPR No. 018543-2022] being presented at the City Council Meeting tonight [12-4-23].
Appreciate your assistance, and please stay safe and healthy.
Hubie L. Byrne
/PROPERMES
6420 Wilshire Blvd.
Suite #1500
Los Angeles, CA 90048-5561
T - 323-653-3777 x104
F- 323-651-4011
www.reliableprop.com
Disclaimer:
interpretations, declarations, or opinions expressed in this email are, solely and exclusively, those of the sender and do not necessarily represent those of the company from which it originated.
Confidentiality Note:
The information contained in this email (including any attachments) is private and confidential, may be legally privileged or exempt from disclosure under applicable lax, and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this email is not the intended recipient, or the person responsible for delivering the email to the intended recipient, you are hereby notified that any use, lissemination, distribution, retention, archiving, or reproduction of this email is strictly prohibited. If you received this email in error, please notify the sender by return email and immediately delete it. 2 Royal Oak, L.P.
6420 Wilshire Boulevard, Floor #1500, Los Angeles, California 90048 323-653-3777 (T) // 323-651-4011 (F)
December 4, 2023
City Of Pomona
Honorable Council Members and Planning / Building Department Staff City Council Chambers
505 South Garey Avenue
Pomona, CA 91766
Attn.: Honorable City Council Members, c/o Alan Fortune, Assistant Planner Planning Department and Building and Safety Department Staff Re: Popeye's Chicken location, 110 East Foothill Boulevard, Pomona, CA 91767 Foothill & Garey Center
APN: 8367-001-062
Case Files: CUP 18542-2022, DPR 18543-2022
Via: email: [email protected]// [email protected] Dear Honorable City Council Members, and City Staff,
We hope this finds you and yours safe and healthy, and Happy Holidays Season.
As Ownership of the subject Foothill & Garey Center, our main focus is to provide beneficial goods and services to the patrons of said Center, whereupon our Tenant, Popeye's Chicken, has expressed interest in, and seeks to establish its successful business identity in said Center. Popeye's Chicken, is, respectfully, requesting an accommodation [drive-thru] due to its recent area analysis and business dynamic.
Since our acquisition of the subject Foothill & Garey Center, we have worked through our management partners to provide said beneficial goods and services through our tenant relationships. We know Popeye's Chicken would be an excellent addition to our Center and the local area [and its citizens], as well as, the City of Pomona.
We would, respectfully, request you consider [and approve] our Tenant's request for drive-thru access to enhance its opportunity for success and provide the citizens of the great City of Pomona ease of access to another popular option.
Thank you for your time and consideration, enjoy your holidays with Family and Friends, and please stay safe and healthy.
Kinder Regards and Respect,
on behalf of Royal Oak, L.P.