CLOSED SESSION
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Vacant Parcels (APN’s: 8705-001-913 - 916)
Negotiating Party: Miguel Tafoya & Remedios et al
Fernando Tafoya & Belen Jacobo
City’s Negotiator: Anita Gutierrez, Acting City Manager
Under Negotiation: Price and terms
B) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Acting, Interim and/or Permanent City Manager)
C) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee: Acting, Interim and/or Permanent City Manager
CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 7:00 p.m.
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 8, 2024 Council Chambers
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CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Sonia Carvalho stated there was no reportable action.
PLEDGE OF ALLEGIANCE
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 Robert Torres
Absent: Councilmember Steve Lustro
STAFF PRESENT
Anita Gutierrez, Acting City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Maricela Miotto contracted by the City, provided translation services.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Mayor Sandoval directed staff to bring forward an item for consideration of a resolution regarding the current situation in Gaza and Israel, and other areas that are experiencing war.
Councilmember Ontiveros-Cole attended the Red Ribbon Ceremony of the Pomona Valley Pride Center and gave Frank Guzman commendations for his contributions to the community.
Councilmember Torres wished everyone a Happy New Year and thanked staff.
Councilmember Nolte invited people to attend the District 1 Area Commander meeting at JFK Park.
Councilmember Garcia gave thanks to the Housing Division for their great responsiveness to assisting community members in need.
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Vice Mayor Preciado gave thanks to the community members that attend city council meetings and remain active in voicing their opinions. He encouraged people to remain vocal and become involved in the democratic process. Vice Mayor Preciado also acknowledged the loss of another young life and spoke on the need to continue addressing the challenges that youth face in the City. Lastly, he expressed disappointment in sometimes having to be involved with other issues in other cities, and spoke on the City previously declaring to be a safe haven for immigrants.
CITY MANAGER COMMUNICATIONS
Acting City Manager Gutierrez advised there was no reportable action.
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.
***Public Participation took place after Public Hearing Item No. 7 (the last item on the agenda).
Live Comments were as follows:
Manuel Hernandez spoke of his experience as a political prisoner and expressed support for all political prisoners and street vendors.
Nancy discussed the eviction notice her mother recently received and asked the City to support stronger protections for tenants.
Yaqueline Palino spoke in support of the City developing stronger protections for tenants.
Guadalupe Herrera discussed the eviction notice she received and asked the City to develop stronger protections for tenants.
Yesenia Miranda-Meza discussed her dissatisfaction with the actions of the Pomona Police Department in regards to the reporting of an incident at a local supermarket to the San Bernardino Sheriff’s Department.
Natalie discussed the eviction notice her aunt received and requested the City develop stronger protections for tenants that occupy single-family homes.
Veronica Cabrera discussed various housing issues in the City and requested an explanation on how City Council designated the spending of ARP funds.
Acting City Manager Anita Gutierrez announced distinctions between Section 8 housing, affordable housing and discussed the Surplus Land Act.
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Bianca Ustrell discussed the operations of the Lopez Urban Farm and invited the community to visit the farm.
William Chu spoke in opposition to rent control.
Jeff Rowan requested contact from staff to address the issues taking place in front of his property.
Tommy Zielomski spoke in support of a project labor agreement with the City.
Joel Greenfield spoke in support of a project labor agreement with the City.
Larry Ortega discussed the separation of the previous City Manager Makshanoff and asked for more transparency regarding events leading up to the severance payout.
Greg Estel spoke in opposition to r ent control and discussed challenges facing property owners of rental properties.
The following public speakers spoke in support of the City adopting a resolution that calls for a permanent ceasefire in Palestine:
Josh Sanchez
Vanessa Reynaga
Iris Villalpando
Arleen Yaz
Michelle Marin-Martinez
Sam Gutierrez
Mohammad Ali
Alejandra Luna
Zain
Selena
Saba Naser
Melissa Lopez
Linett Luna
Chris Gutierrez
The foll owing community members submitted a speaker card in support of the City adopting a resolution that calls for a permanent ceasefire in Palestine but did not wish to speak:
Jai Sutaria
Julian Gonzalez
Monique Osuna
Violeta A.
Victoria May
Seleny Rodriguez
Ivan Hernandez
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Jeremiah Flores
Graciela Conchas
Jesus Sanchez
Suzan Shalchshair
Anees Ur Rehman
Jess G.
Cipriano Arias
Melissa Arias
Izayana Arias
Jehan Izhar
Anel Hernandez
Kayo Nguyen
Eder Blanco
Priscilla Merlo
Huda Rashid
Margaret Colwell
Asina
Masooma Titmazi
Luz Bertadillo Rodriguez
Samantha Zavala-Argulo
Ashley Romero
Essence LeAnn
CONSENT CALENDAR
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to approve the entire Consent Calendar except for Item No. 3 pulled by Councilmember Ontiveros-Cole.
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 4, 2023 Meeting Minutes
December 11, 2023 Special Meeting Minutes
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to approve the City Council/Housing Authority/Successor Agency to the Redevelopment Agency Special Meeting Minutes of December 4, 2023 and December 11, 2023.
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2. Second Reading and Adoption of Ordinance No. 4334 Adopting by Reference Title 32, Fire Code, of the Los Angeles County Code, Incorporating the California Fire Code, 2022 Edition by Amending Sections 22-1 and 74-31 of the Pomona City Code and Finding the Action Exempt from the California Environmental Quality Act
It is recommended that the City Council that the City Council adopt the following ordinance:
ORDINANCE NO. 4334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING BY REFERENCE TITLE 32, FIRE
CODE, OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION BY AMENDING SECTIONS 22 -1 AND 74-31 OF THE POMONA CITY CODE AND FINDING THE ACTION EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to adopt Ordinance No. 4334.
3. Approve an Amendment to the Agreement with Parkwood Landscape Maintenance, Inc. to Include Bus Shelter and Trash Receptacle Maintenance Services at 36 New Locations
It is recommended that the City Council take the following actions:
1) Approve an amend ment to the agreement with Parkwood Landscape Maintenance, Inc. to include bus shelter and trash receptacle maintenance services at 36 additional locations, effective January 9, 2024 through July 31, 2024, at an amount of $20,893; and
2) Authorize the City Manager, or designee, to execute the amended agreement with Parkwood Landscape Maintenance, Inc., and any extension or amendments thereto on behalf of the City, subject to review by the City Attorney.
**This item was pulled by Councilmember Ontiveros-Cole.
Councilmember Ontiveros-Cole asked a few questions to staff.
Public Works Director Rene Guerrero answered her questions.
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MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to approve an amendment to the agreement with Parkwood Landscape Maintenance, Inc. to include bus shelter and trash receptacle maintenance services at 36 additional locations, effective January 9, 2024 through July 31, 2024, at an amount of $20,893; and authorize the City Manager, or designee, to execute the amended agreement with Parkwood Landscape Maintenance, Inc., and any extension or amendments thereto on behalf of the City, subject to review by the City Attorney.
4. Award of Construction Contract to Garcon Construction, Inc. in the Amount of $1,258,358 for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939
It is recommended that the City Council take the following actions:
1) Award a construction contract to Garcon Construction, Inc. for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 22 -23),” Project No. 428-2590-XXXXX-67939, to include all Base Bid and Additive Alternate Nos. 1 and 2 items in the amount of $1,258,358;
2) 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
3) Authorize the City Manager or designee, to execute the construction contract and related documents (permits, etc.) on behalf of the City, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY COUNCILMEMBER NOLTE , CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to award a construction contract to Garcon Construction, Inc. for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939, to include all Base Bid and Additive Alternate Nos. 1 and 2 items in the amount of $1,258,358; 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 th e environment; and authorize the City Manager or designee, to execute the construction contract and related documents (permits, etc.) on behalf of the City, subject to review by the City Attorney.
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DISCUSSION CALENDAR
5. Fiscal Year 2024-25 Budget Kickoff
It is recommended that the City Council take the following actions:
1) Approve the attached Fiscal Year (FY) 2024-25 Budget Guiding Principles; and
2) Review the FY 2024-25 Budget Preparation Calendar and Budget Process.
Finance Director Andrew Mowbray gave the staff presentation.
Public Speaker Jeff Rowan requested City Council include the trimming and maintenance of City trees in the budget.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY COUNCILMEMBER GARCIA, CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT), to approve the attached Fiscal Year (FY) 2024 -25 Budget Guiding Principles; and review the FY 2024 -25 Budget Preparation Calendar and Budget Process.
6. 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 for Council Holiday Gift/ Food Drive: Requested Amount: TBD
B) Amount to be determined to Juneteenth Education Technology Mobile Arts Center in support of its 34 th Pomona Valley Juneteenth Jazz and Arts Festival – Requested Amount $10,000
2) Receive and file the recap of final amounts.
MOTION BY COUNCILMEMBER GARCIA, SECOND BY MAYOR SANDOVAL , CARRIED 6 -0 (COUNCILMEMBER LUSTRO ABSENT) , to make a finding of public benefit for items A-B.
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PUBLIC HEARINGS
7. Public Hearing Pursuant to Section 147(F) of the Internal Revenue Code; Resolution Approving Associate Membership Agreement with the California Enterprise Development Authority and Resolution Approving Conduit Financing for Provident Group-Pomona Properties L.L.C.
It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the issuance by the California Enterprise Development Authority of certain revenue bonds in an aggregate principal amount not to exceed $50,000,0 00 for the purpose of financing, refinancing, and/or reimbursing the acquisition, construction installation, furnishing, and equipping of a 174,533 square foot student housing facility consisting of approximately 202 apartment style student housing units a nd 10,217 square feet of academic and administrative space; and
2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolutions:
RESOLUTION NO 2024-04 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP
BY THE CITY OF POMONA, CALIFORNIA IN THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE
MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF
THE CITY OF POMONA, CALIFORNIA IN TH E CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
RESOLUTION NO 2024-05 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE ISSUANCE BY THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE
BONDS FOR THE BENEFIT OF PROVIDENT GROUP -POMONA
PROPERTIES L.L.C. IN AN AGGREGATE MAXIMUM STATED P RINCIPAL AMOUNT OF $50,000,000 FOR THE PURPOSE OF FINANCING,
REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION,
CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF
FACILITIES, PROVIDING THE TERMS AND CONDITIONS FOR SUCH
REVENUE BONDS AND OTHER MATTERS RELATING THERETO
Economic Development Director Kirk Pelser briefly introduced the item.
Mayor Sandoval opened the public hearing and with no public speakers, Mayor Sandoval closed the public hearing.
Councilmember Nolte asked questions to staff.
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Economic Development Director Pelser answered Councilmember Nolte’s questions.
MOTION BY COUNCILMEMBER NOLTE, SECOND BY VICE MAYOR PRECIADO, CARRIED 6-0 (COUNCILMEMBER LUSTRO ABSENT) , to adopt Resolution No. 2024 - 04 and Resolution No. 2024-05.
ADJOURNMENT
The City Council meeting adjourned at 8:42 p.m. on January 8, 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