PUBLIC COMMENT
Michael Neaderbaomer spoke on Closed Session Item A.
Dennis Wagner spoke on Closed Session Item A.
CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (a) and (d) (1))
Chad Jensen and Michael Neaderbaomer vs. City of Pomona; Michael Olivieri; Dennis Cooper and Does1 through 50
Los Angeles County Superior Court Case No. 20STCV17625
B) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Acting, Interim and/or Permanent City Manager)
*Please see attachment for emails submitted regarding this item.
C) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee: Acting, Interim and/or Permanent 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 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, January 22, 2024 Council Chambers
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D) THREAT TO PUBLIC SERVICES OR FACILITIES
(Pursuant to Government Code Section 54957(a)
Consultation with: Pomona Police Department Police Chief Michael Ellis
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:15 p.m.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action.
PLEDGE OF ALLEGIANCE
Mayor Sandoval and the color guard 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, Acting City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Diana Robles, Deputy City Clerk
Michael Ellis, Police Chief
Maricela Miotto contracted by the City, provided translation services.
M AYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Torres advised he would need to recuse himself from Discussion Item No. 14 due to having received a donation from one of the applicants. He also gave thanks to everyone for attending the meeting and expressed hope for all diverse members of the community to participate cordially.
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Mayor Sandoval announced the 2024 Homeless Count, hosted by the Los Angeles Homeless Services Authority, would take place on Tuesday, January 23, and invited people interested in volunteering to register for the event.
CITY MANAGER COMMUNICATIONS
Acting City Manager Gutierrez advised staff needed to pull Discussion Item No. 14 to be continued at a future meeting.
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:
Margaret Velarde discussed support for City Council extending the time to negotiate the Waste Transfer Franchise Fee so that an equitable fee would be established.
Derek Engdahl expressed support for Pomona Clean & Green’s four proposals, and supported an increase on fees for the transfer station.
Yesenia Miranda Meza discussed concerns with the validity of Pomona PD reports that are being used in a case with the San Bernardino Sheriff’s department , and raised concerns about transparency from the Pomona Police department.
Raquel Salazar -Castillo from Lopez Urban Farm invited everyone to participate in the farm’s new program: Urban Farmer Training for Kids, a program that teaches immersive farming lessons to kids aged 2 – 12, and takes place every last Sunday of the month from 11am to 2:30pm.
Lisa Engdahl discussed Pomona Clean & Green’s proposal regarding the franchise fee for the transfer station.
Yaqueline Patino spoke in support of stronger tenant’s rights.
Anthony Dolan spoke in support of increasing resources and programs to help homeless people, and he spoke in support of Gustavo Ramirez.
Danny Balloon discussed concerns with services for homeless people but it was mostly inaudible.
Ryan Carroll spoke about his experience as a homeless person in Pomona.
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Gustavo Ramirez spoke about his family’s history in Pomona and continued speaking past his allotted time.
City Council took a brief recess to allow order to be restored. Public Comment continued once order was restored.
Daniella spoke in support of Gustavo Ramirez and discussed the support she has received from Gustavo.
Larry Ortega spoke in opposition to extending local taxes.
Karen Cerecerez discussed the history of incarceration of activists within the country.
Veronica Cabrera discussed her concerns with the process for submitting arguments and rebuttals for the upcoming primary election ballot.
Greg Estel spoke in opposition to rent control in Pomona and expressed concerns with political signage going up.
John West spoke in opposition to rent control in Pomona.
Damiana Aldana discussed recommendations, from Clean and Green Pomona, for the agreement with the Waste Transfer Station.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0 to approve the entire Consent Calendar except for Item No. 11 pulled for public comment.
**Consent Calendar Item No. 11 was heard after Discussion Item No. 13.
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:
December 18, 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 December 18, 2023.
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2. Adopt a Resolution Authorizing the Acceptance of Mental Health Services Act (MHSA) Funding from Tri City Mental Health Center for 31 Crisis Shelter Beds at Hope for Home Services Center (H4H) and Award Volunteers of America Los Angeles (VOALA) for Site Operation Services
It is recommended that the City Council that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024- 08 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $396,025 IN MENTAL HEALTH SERVICES ACT FUNDING FROM TRI CITY MENTAL HEALTH CENTER TO OPERATE 31 CRISIS SHELTER BEDS AT THE HOPE FOR HOME HOMELESS SERVICES CE NTER (H4H) AND
CARRYING OVER $202,553 FROM FY 2022- 23 TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $202,852
2) Amend the agreement with Volunteers of America Los Angeles (VOALA) as the H4H Site Operator by awarding $554,762 to operate the Crisis Shelter Beds; and
3) Authorize the City Manager to execute the contracts and other documentation requested for acceptance and implementation of the grant awards, 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. 2024-08; and amend the agreement with Volunteers of America Los Angeles (VOALA) as the H4H Site Operator by awarding $554,762 to operate the Crisis Shelter Beds; and authorize the City Manager to execute the contracts and other documentation requested for acceptance and implementation of the grant awards, subject to approval as to form by the City Attorney.
3. Appointment of Inspector General to the Police Oversight Commission Pursuant to Ordinance No. 4333
It is recommended that the City Council delegate the selection of the Inspector General to the City Manager.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7-0, to delegate the selection of the Inspector General to the City Manager.
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4. Adopt a Resolution Authorizing the Acceptance of Measure H Funds from the SGVCOG for the Hope for Home Access Center and Hope for Home Crisis Beds It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024- 02 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA AUTHORIZING THE ACCEPTANCE OF $240,510 IN MEASURE H FUNDS FROM THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG), AMENDING THE FY 2023 -24
OPERATING BUDGET BY I NCREASING REVENUE ESTIMATES AND
APPROPRIATIONS IN THE SAME AMOUNT
2) Award Volunteers of America Los Angeles (VOALA) funding totaling $240,510 to operate the Hope for Home (H4H) Access Center and Cohort Crisis Shelter Beds for the Cities of Pomona and Claremont.
3) Authorize the City Manager to execute the memorandum of understanding, contracts and other documentation requested for acceptance and implementation of the grant awards, 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. 2024 -02; and award Volunteers of America Los Angeles (VOALA) funding totaling $240,510 to operate the Hope for Home (H4H) Access Center and Cohort Crisis Shelter Beds for the Cities of Pomona and Claremont; and authorize the City Manager to execute the memorandum of understanding, contracts and other documentation requested for acceptance and implementation of the grant awards, subject to approval as to form by the City Attorney.
5. Approval of Annual Audit Reports, Fiscal Year Ended June 30, 2023
It is recommended that the City Council receive and file the annual audit reports for fiscal year ended June 30, 2023.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7 -0, to receive and file the annual audit reports for fiscal year ended June 30, 2023.
6. Retroactively Approve Second Amendment to the Agreement with Lawnscape Systems, Inc. to Update and Correct Contract Amounts
It is recommended that the City Council take the following actions:
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1) Retroactively approve a second amendment to the agreement with Lawnscape Systems, Inc. to update and correct contract amounts, effective November 1, 2022 through October 31, 2023, at a total contract amount not -to-exceed $269,238; and
2) Authorize the City Manager, or designee, to execute the amended agreement with Lawnscape Systems, Inc., subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7 -0, to retroactively approve a second amendment to the agreement with Lawnscape Systems, Inc. to update and correct contract amounts, effective November 1, 2022 through October 31, 2023, at a total contract amount not -to-exceed $269,238; and authorize the City Manager, or designee, to execute the amended agreement with Lawnscape Systems, Inc., subject to review by the City Attorney.
7. Approve Entering into an Agreement with TruePani Inc., for Lead and Copper Rule Revisions, Service Line Inventory
It is recommended that the City Council take the following actions:
1) Approve entering into an agreement with TruePani Inc., for Lead and Copper Rule Revisions, Service Line Inventory, in the amount of $156,444;
2) Authorize a contingency amount of $200,000; and,
3) Authorize the City Manager, or designee, to execute an agreement with TruePani 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 approve entering into an agreement with TruePani Inc., for Lead and Copper Rule Revisions, Service Line Inventory, in the amount of $156,444; and authorize a contingency amount of $200,000; and authorize the City Manager, or designee, to execute an agreement with TruePani Inc., on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney
8. Approve Entering into an Agreement with V&A Consulting Engineers, Inc., for Sewer Collection System Data Analysis
It is recommended that the City Council take the following actions:
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1) Approve entering into an agreement with V&A Consulting Engineers, Inc., for Sewer Collection System Data Analysis for a three- year term with two additional one-year renewal options; and
2) Authorize the City Manager, or designee, to execute an agreement with V&A Consulting Engineers Inc., on behalf of the City and any subsequent documents or amendments
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7 -0, to approve entering into an agreement with V&A Consulting Engineers, Inc., for Sewer Collection System Data Analysis for a three-year term with two additional one -year renewal options; and authorize the City Manager, or designee, to execute an agreement with V&A Consulting Engineers Inc., on behalf of the City and any subsequent documents or amendments
9. Approve Amendment No. 1 to the Professional Services Agreement with Eagle Aerial Solutions for the WaterView Software
It is recommended that the City Council take the following actions:
1) Approve Amendment No.1 to the professional service agreement with Eagle Aerial Solutions, for the WaterView software in the total amount of $421,734; and,
2) Authorize the City Manager, or designee, to execute Eagle Aerial Solutions amendment.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7 -0, to approve Amendment No.1 to the professional service agreement with Eagle Aerial Solutions, for the WaterView software in the total amount of $421,734; and, authorize the City Manager, or designee, to execute Eagle Aerial Solutions amendment.
10. Approval of Lot Merger LM14- 2023 for the Property Located at 360 E. Mission Boulevard, Pomona, CA Assessor Parcel Number 8335- 023-025, Related to the Tenant Improvement of a Commercial Property (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024- 09 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM14-2023 FOR THE PROPERTY LOCATED AT 360 E. MISSION
BOULEVARD, ASSESSOR PARCEL NUMBER 8335-023-025
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2) Authorize the City Engineer to sign the Lot Merger LM14- 2023 on behalf of the City of Pomona.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 7 -0, to adopt Resolution No. 2024 -09; and authorize the City Engineer to sign the Lot Merger LM14-2023 on behalf of the City of Pomona
11. Adoption of a Resolution Calling for a Ceasefire and Immediate Peaceful Resolution to the Ongoing Conflict and Humanitarian Crisis Impacting Gaza and Israel
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024- 10 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, CALLING FOR A CEASEFIRE AND
IMMEDIATE PEACEFUL RESOLUTION TO THE ONGOING CONFLICT AND
HUMANITARIAN CRISIS IMPACTING GAZA AND ISRAEL
*This Item was pulled for public comment and was heard after Discussion Item No.
13. *Please see attachment for emails submitted regarding this item.
The following public speakers spoke in support of the item with amendments to the language of the resolution:
Saleem Gibani
Madeline Rios
Hatime Mouissa
Anees Rehman
Samantha Zavala-Angulo
Amal Ali
Dr. Khadeeja Abdullah
Jessica G.
Jessica Spence Moss
Mirvette Judah
Yocoub Shakushir
Miguel L.
Shan Shermazi
Romeo Guzmán
Avraham Coutin
Hanya Khan
Sarah Quiroga
Husam Suleiman
James Gutierrez
Omar Habbak
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R. Siddiqui
Daniel Segal
Amir Mertaban
Alejandra
Linett Luna
Lyla May
Shaheen Nassar
Miranda Sheffield
Nazli Jamjua
Elvis Cacerez
Paul Gonzales
Emiliano Huet-Yaughn
Eder Blanco
Selena
Jeremiah Flores
Martha Rosario
Zain Hasan
Easah Syed
Aabru Madni
Vanessa Medina Reynaga
The following people submitted speaker cards in support of the item but did not wish to speak:
Karen Jaranilla
Epren Hernandez
Kyle Hauk
Suzan Shaldishir
Julieta Muñoz
Destiny Rivera-Gómez
Jesus Sanchez
Seleny Rodriguez
Phillip Gomez
Luz Bertadillo
John Bisharq
Joseph Aldini
Yasmin Cardona
Michelle Marin-Martinez
Sam Gutierrez
Violeta Acuna
Jehan Izhar
Marke Jones
Bari Saiful
Paul Casillas-Chavez
Iris Villalpond
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Melanie Andreo
Anel Hernandez
Julieta Muñoz
Mohammad Daoud
Basel Zehlif
Amjad Jadallah
Javier Hernandez
Jerry Fennins spoke in opposition to the item.
Chris Lang submitted a speaker card opposing the item but did not speak.
Mayor Sandoval thanked everyone for coming out to speak on this issue. He also listed some suggestions on amendments that would need to be made to the resolution language.
Some of the changes Mayor Sandoval requested were as follows: listing the actual number of Palestinian casualties, listing the number of people that have been displaced, adding that 85% (eighty-five percent) of the infrastructure in Palestine has been destroyed, adding a call for humanitarian aid to be allowed into Palestine, and for basic needs to be restored.
Councilmember Garcia thanked everyone who came out to speak on the item. She discussed her experience as a high school teacher with students who are refugees from other countries. Councilmember Garcia also requested the addition of a statement that acknowledges the Palestinians are facing collective punishment.
Councilmember Torres thanked everyone who shared views in a respectful and productive manner. He also stated that he would be abstaining from voting on this item.
Councilmember Nolte expressed support for the item and for the amendments proposed by both Mayor Sandoval and Councilmember Garcia. He spoke on the reality of anti -Semitism being on the rise, and noted he would remember the little boy who spoke in support of this item for a long time to come.
Vice Mayor Preciado expressed support for the ceasefire resolution with the language amendments suggested by Mayor Sandoval. He stated he agreed that Gaza is facing a genocide, and expressed gratitude for this resolution having made it on the agenda.
Councilmember Lustro expressed support for the item and agreed with many of the suggestions from the public speakers. He also agreed with the language amendment suggested by Councilmember Garcia.
Councilmember Ontiveros-Cole expressed support for a ceasefire not only in Palestine, but also in other areas of the world experiencing significant loss of life caused by war.
Councilmember Ontiveros -Cole also spoke of her experience as a nurse as it related to some of the stories shared by speakers on this item.
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Acting City Manager Gutierrez read aloud the changes made to the language of the resolution as suggested by City Council. There was some deliberation regarding corrections needed to those changes.
Mayor Sandoval called a recess at 10:29 p.m. to allow staff time to continue updating the language of the resolution.
Mayor Sandoval resumed the meeting at 10:35 p.m.
Acting City Manager Anita read all the new changes made to the resolution as follows:
In the fourth whereas it reads, “on October 7, 2023, Hamas launched a terrorist attack causing the deaths of over 1,200 Israelis and the capture of innocent civilians as hostages.”
In the fifth whereas it reads, “in response, the State of Israel has engaged in a bombing campaign targeting Hamas terrorists operating within civilian populations including hospitals, schools, etc. of the Gaza Strip, resulting in the deaths of over thirty thousand innocent Palestinians, the damage to 85% of the infrastructure, and the displacement of
1.9 million Palestinians.”
In addition, “anti-Palestinian” was added to the third whereas, and in all the therefores in section one.
Lastly the sixth whereas reads, “the Palestinians are currently facing collective punishment by the State of Israel.”
Mayor Sandoval shared closing remarks regarding the importance of local officials acknowledging global events.
MOTION BY MAYOR SANDOVAL, SECOND BY COUNCILMEMBER NOLTE , CARRIED 6-0 (COUNCILMEMBER TORRES ABSTAIN) , to adopt Resolution No. 2024 -10 with amendments to language as read by Acting City Manager Gutierrez.
DISCUSSION CALENDAR
12. Establishment of a Section 115 Trust to Build Pension Reserve
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
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RESOLUTION NO. 2024- 07 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING THE ADOPTION OF THE
PUBLIC AGENCIES POST EMPLOYMENT BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS)
2) Authorize the Finance Director / City Treasurer or his designee as the City’s Plan Administrator for the Trust Program; and
3) Authorize the Finance Director / City Treasurer to execute an Agreement for Administrative Services between PARS and the City of Pomona to administer the Trust.
Finance Director Andrew Mowbray gave brief overview of the item.
PARS Representative Jennifer Meza gave a presentation on what is a Section 115 Trust is and how it serves public agencies.
Vice Mayor Preciado asked questions to staff and Finance Director Mowbray answered his questions.
Councilmember Lustro expressed support for the item with a moderately conservative financial strategy instead of the recommended moderate financial strategy.
Councilmember Garcia asked questions.
PARS Representative Meza answered her questions.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA, CARRIED 7-0, to adopt Resolution No. 2024 -07; and authorize the Finance Director / City Treasurer or his designee as the City’s Plan Administrator for the Trust Program; and authorize the Finance Director / City Treasurer to execute an Agreement for Administrative Services between PARS and the City of Pomona to administer the Trust.
13. Finding of Public Benefit to the Community at Large- Recommended Expenditure(s) and Recap of Expended Funds
It is recommended that the City Council take the following actions:
1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit from the expenditure of funds for the recommended item(s); and
A) Amount to be determined to “Not Done Yet!” in support of their Senior Art Show: Requested Amount: $500
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B) Amount to be determined to Music Tree in support of Beauty of Broadway presents Shrek Jr. – Requested Amount $2,500
C) Amount to be determined to Langarica Ink in support of Development of a House to Create Job Opportunities – Requested Amount $10,000
D) Amount to be determined to Legacy Bridges Foundation, Inc. in support of Bridge the Gap (BTG) 2.0 Topgolf Fundraising Brunch – Requested Amount $500
E) Amount to be determined to Bithiah’s Family Services in support of Revamping their Resource Center – Requested Amount $4,500
F) Amount to be determined to Project Resilience in support of Human Trafficking Awareness – Requested Amount $1,800
G) Amount to be determined to Juneteenth Educat ion Technology Mobil Arts Center in support of 23rd Annual Dr. Martin Luther King Jr. Unity Breakfast & Tribute – Requested Amount $1,500
2) Receive and file the recap of final amounts.
MOTION BY MAYOR SANDOVAL , SECOND BY COUNCILMEMBER GARCIA , CARRIED 7-0, to make a finding of public benefit for items A-G.
14. Second Amendment to the Contract/Franchise Agreement with Grand Central Recycling and Transfer Station, Inc. Approving the First 5- Year Extension and Amending Certain Terms of the Agreement
It is recommended that the City Council take the following actions:
1) Approve a second amendment to the current agreement between the City and Grand Central Recycling and Transfer Station, Inc. (Grand Central) extending the term of the agreement for an additional five years, from January 27, 2024 to January 27, 2029, and amending certain terms of the agreement; and
2) Authorize the City Manager, or designee, to execute the amendment subject to review by the City Attorney.
*This item was pulled by staff and continued to a future meeting. No action was taken on this item.
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ADJOURNMENT
The City Council meeting adjourned at 10:41 p.m. on January 22, 2024.
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