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)
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 Victor Preciado
Councilmember John Nolte
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, December 4, 2023 Council Chambers
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Redevelopment Agency
City of Pomona Page 2
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 Ga nesha 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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Redevelopment Agency
City of Pomona Page 3
* 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 Counc ilmember 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 takin g 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 sponso red 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 th e Stuff-A-Cruiser, a Police Department Toy Drive. He wished everyone happy holidays.
Mayor Sandoval thanked th e 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 wishe d 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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Redevelopment Agency
City of Pomona Page 4
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 hous ing stabilization ordinance and gave suggestions on how to address them.
Benjamin Wood, also from the Pomona Economic Opp ortunity 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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Redevelopment Agency
City of Pomona Page 5
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.
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:
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 a greement 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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City of Pomona Page 6
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 fee s for four contract years; and, 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.
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 related 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 (C alVIP) 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, subject to review and approval as to form by the City Attorney.
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Redevelopment Agency
City of Pomona Page 7
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0, to 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, authorize the City Manager, or desi gnee, 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.
5. 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 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 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.
6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, “Palomares Park - Lawn Bowling Shade Structure Replacement”
It is recommended that the City Council adopt the following resolution:
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Redevelopment Agency
City of Pomona Page 8
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 COUNCILMEMBER 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 CITY 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 R ESOLUTION 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 OF ATP CYCLE 4 GRANT FUNDS TO “POMONA
MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67930
2) 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;
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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 Qu ality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and, approve including Saturdays in the “Allowed Working Days” 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.
9. Award a Contract to RA DAR 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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Redevelopment Agency
City of Pomona Page 10
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 c ontract 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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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 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 4th 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.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY VICE MAYOR PRECIADO , CARRIED 7-0, to make a finding of public benefit for items A-G.
12. City Council Consideration of a Morator ium 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 O F 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 LO CATED
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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City of Pomona Page 14
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 two (2) year terms pursuant to Section 2-654 of Ordinance No. 4333.
After some deliberation, the City C ouncil 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.
City Council agreed to 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 withi n 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 CIT Y 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:
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
**Please see attachment for emails submitted regarding this item.
City Council / Housing Authority / Meeting Minutes December 4, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 17
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 partici pation 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 Nourafshan 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 Council / Housing Authority / Meeting Minutes December 4, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 18
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 MUNI CIPAL 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 al l 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 Council / Housing Authority / Meeting Minutes December 4, 2023 Successor Agency to the
Redevelopment Agency
City of Pomona Page 19
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