CALL TO ORDER
Mayor Sandoval called the City Council Meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Sandoval led the pledge of allegiance.
ROLL CALL
Present: Mayor Tim Sandoval
Vice Mayor Nora Garcia – arrived at 6:03 p.m.
Councilmember John Nolte – via teleconference, arrived at 6:10 p.m.
Councilmember Victor Preciado
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro – via teleconference
Absent: Councilmember Robert T orres
STAFF PRESENT
Anita Gutierrez, City Manager
Henry Castillo, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Michael Ellis, Police Chief
505 S. Garey Ave
Pomona, CA 91766 City of Pomona
Special Meeting Minutes
City Council / Housing Authority / Successor Agency to the Redevelopment Agency
Mayor Tim Sandoval
Vice Mayor Nora Garcia
Councilmember John Nolte
Councilmember Victor Preciado
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. 6:00 PM Tuesday, July 30, 2024 Council Chambers
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Yvonne Morgan contracted by the City, provided translation services.
CONSENT CALENDAR
1. Approve the Service Retirement of Police Canine “Bari” to Adlerhorst International, LLC.
It is recommended that the City Council take the following actions:
1) Approve the service retirement and “Agreement to Release Police Service Dog” to the original seller and training facility; and
2) Authorize the City Manager to execute all related documents on behalf of the City.
MOTION BY MA YOR SANDOVAL, SECOND BY VICE MA YOR GARCIA, CARRIED 5-0 (COUNCILMEMBER NOLTE AND COUNCILMEMBER TORRES ABSENT), to approve the service retirement and “Agreement to Release Police Service Dog” to the original seller and training facility; and authorize the City Manager to execute all related documents on behalf of the City.
PUBLIC HEARINGS
2. Public Hearing for Proposed Outdoor Storage Yard at 1313 East Phillips Boulevard (scheduled as an appeal of Planning Commission decision)
It is recommended that the City Council uphold the Planning Commission decision and adopt the following:
RESOLUTION NO. 2024-125 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA DENYING CONDITIONAL USE PERMIT (CUP 00036-2024) FOR OUTDOOR STORAGE ON A PROPERTY LOCATED AT 1313
EAST PHILLIPS BOULEVARD
Development Services Department Deputy Director Ata Khan gave the staff presentation.
Councilmember Nolte joined the meeting via teleconference at 6:10 p.m.
Mayor Sandoval opened the Public Hearing.
The following public speakers spoke in support of denying the conditional use permit:
Adam Donner Davidson Drake Xavier Gonzalez
Luis Gonzalez Jose L. Hinojos
Lisa Engdahl Damiana Aldana
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The following people submitted speaker cards in support of denying the conditional use permit but did not wish to speak:
Josefina Chavez Maribel Chavez Valenia Gonzalez Cindy Orozco Kathryn Martens Judith Tiersma Lucia Salas Enriquela Orozco Karen Gonzalez Maria Elena Gonzalez Zahara Flores Ana Nakahara Don Martens Elia Samayoa Estuardo Ross Abne Saenz Estela Vasquez Marina T orres Stephanie Orozco
The following public speakers spoke in opposition to the denial of the conditional use permit:
Monique Robles Nef Cortez
Andy Quiñones
Renee Barbee
Hector Lopez
Sharon Alvey
The applicant Benji Miller discussed the merits of his project and highlighted the revisions made to the project since it had last been presented to the Planning Commission.
Mayor Sandoval closed the Public Hearing.
Councilmember Garcia discussed her concerns with the project and the need for stronger, comprehensive studies to determine traffic and pollution effects of projects like the proposed one. Councilmember Garcia expressed support for the Planning Commission’s decision to deny the conditional use permit.
Councilmember Preciado asked various questions to staff about permitted uses on the property, and about processes involved in approving a business on the property. DSD Deputy Director Kahn answered the councilmember’s questions. Councilmember Preciado also asked questions about how the newly adopted Zoning Code Update would affect such proposed projects. DSD Deputy Director Kahn answered those questions.
Councilmember Ontiveros-Cole asked questions to the applicant, Benji Miller, about his history in the C ity, and about the potential businesses he is interested in having as tenants on the property. Councilmember Ontiveros -Cole discussed the importance of the City needing to be business friendly, and expressed support for the applicant’s project.
Councilmember Nolte asked questions about fire safety , and auxiliary storage uses as related to the proposed project. DSD Deputy Director Kahn answered his questions .
Councilmember Nolte also asked questions to the applicant, Benji Miller, about his willingness to remove some of the contents under the permitted stored items. The applicant Benji Miller stated he was willing to compromise.
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Councilmember Lustro described his visit to the project site and described the efforts of the applicant to be a responsible property owner. Councilmember Lustro expressed support for the approval of the CUP, and expressed support for further limiting the list of permitted storage items.
Councilmember Preciado asked additional questions about the conditions of the CUP and the processes leading to a revocation of the CUP. DSD Deputy Director Kahn answered his questions. City Attorney Castillo added commentary regarding the due process required by the municipal code. City Manager Gutierrez suggested adding clarifications to the CUP to further outline what triggers the review process for possible revocation.
Councilmember Garcia asked more questions to staff about some of the conditions listed in the CUP and requested additional conditions.
Mayor Sandoval suggested a recess to allow staff to summarize the requested conditions from City Council and give the applicant time to consider the new conditions.
Mayor Sandoval called a recess at 8:11 p.m.
Mayor Sandoval resumed the meeting at 8:27 p.m.
DSD Deputy Director Kahn summarized the new conditions added to the CUP as follows:
1. Threshold for CUP review
a. Three or more violations *related to fire, life, and safety* that were not cured during the Administrative Correction Notice process, issued by the City or any local, State or Federal regulatory bodies, within a calendar year, shall constitute a public nuisance and trigger a call for review and potential revocation of the Conditional Use Permit.
2. Business operating hours would change from 24 hours to Closed on Sunday, opened 9 a.m. to 6 p.m. (“business hours”)
3. Flammable materials prohibited
4. No BESS
5. No bagged fertilizer
6. Condition No. 4 of general conditions – last sentence – add, “The property owner and tenant shall each be responsible for a thousand-dollar ($1,000) fine for each violation in addition to any city imposed fine” in perpetuity with the CUP.
Vice Mayor Garcia expressed opposition to approving the CUP over concerns that the conditions would not be sufficient to protect the surrounding residential neighborhood. Vice Mayor Garcia made a motion to uphold the Planning Commission’s decision to deny the CUP.
After further deliberations between Councilmembers, Mayor Sandoval gave closing comments and seconded Vice Mayor Garcia’s motion.
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MOTION BY VICE MA YOR GARCIA, SECOND BY MA YOR SANDOVAL, FAILED 2-4, (COUNCILMEMBERS NOLTE, ONTIVEROS -COLE AND LUSTRO OPPOSED, COUNCILMEMBER TORREST ABSENT), to adopt Resolution No. 2024-125.
After further deliberations between Councilmember and Staff, the proposed conditions to add to the CUP were as follows:
1. Threshold for CUP review
a. Three or more violations that were not cured during the Administrative Correction Notice process, issued by the City or any local, State or Federal regulatory bodies, within a calendar year, shall constitute a public nuisance and trigger a call for review and potential revocation of the Conditional Use Permit.
2. No BESS
3. No bagged fertilizer
4. Condition No. 4 of general conditions - last sentence – add, “The property owner and tenant shall each be responsible for a thousand- dollar ($1,000) fine for each violation in addition to any city imposed fine” in perpetuity with the CUP.
Applicant Benji Miller stated he accepted all four conditions to the CUP.
MOTION BY COUNCILMEMBER PRECIADO , SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 4 -2, (MA YOR SANDOVAL AND VICE MA YOR GARCIA OPPOSED, COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2024-126 with the addition of the four added conditions.
3. Public Hearing for Proposed Outdoor Storage Yard at 2000 Pomona Boulevard. (Scheduled as an appeal of Planning Commission decision)
It is recommended that the City Council uphold the Planning Commission decision and adopt the following:
RESOLUTION NO. 2024-123 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA DENYING CONDITIONAL USE PERMIT (CUP 000286-2024) FOR OUTDOOR STORAGE ON A PROPERTY LOCATED AT 2000
POMONA BOULEVARD
DSD Deputy Director Ata Kahn gave the staff presentation.
Mayor Sandoval opened the public hearing.
The following public speakers spoke in support of denying the conditional use permit:
Maria Elena Gonzalez
Luis Gonzalez
Lisa Engdahl
Davidson Drake
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The following people submitted speaker cards in support of denying the conditional use permit but did not wish to speak:
Kathryn Martens Damiana Aldana Elia Samayoa Enriqueta Orozco Abne Saenz Josefina Chavez Estela Vazquez Marina T orres Cindy Orozco Adam Donner Karen Gonzalez Valeria Gonzalez Stephanie Orozco Don Martens Maribel Chavez Lucia Salas Estuardo Ross Xavier Gonzalez Judith Tiersma Zahara Flores Ana Nakahara
Nef Cortez spoke in support of approving the conditional use permit.
The applicant Brian Wong spoke in support of approving the conditional use permit.
Mayor Sandoval closed the public hearing.
Councilmember Garcia asked staff questions about the existing conditions on the property, and expressed concerns for the area’s environmental wellbeing.
Councilmember Ontiveros-Cole asked various questions to the applicant Brian Wong.
Councilmember Nolte expressed support for the approval of the CUP if it were to be given the same conditions as were given to the previous applicant.
Councilmember Lustro expressed support for the approval of the CUP.
Councilmember Preciado asked various questions about the site history to staff and to the applicant Brian Wong. Councilmember Preciado expressed concern for the potential environmental impacts from excessive trucking activity and suggested additional conditions be added to the CUP.
The applicant Brian Wong advised he would accept the landscaping condition, but requested that the trailer parking still be permitted.
Councilmember Garcia asked questions about amending the landscaping condition suggested by Councilmember Preciado.
Mayor Sandoval gave closing comments.
Councilmembers and staff deliberated on calculating how many trees to request the applicant to plant at Veteran’s Park in order to offset the environmental impacts of the trucking parking at the site.
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DSD Deputy Director Kahn summarized the additional conditions of the CUP as follows:
1. T hreshold for CUP review
a. T hree or more violations that were not cured during the Administrative Correction Notice process, issued by the City of any local, S tate or Federal regulatory bodies, within a calendar year, shall constitute a public nuisance and trigger a call for review and potential revocation of the Conditional Use Permit.
2. N o BESS
3. N o bagged fertilizer
4. C ondition No. 4 of general conditions- last sentence – add, “The property owner and tenant shall each be responsible for a thousand- dollar ($1,000) fine for each violation in addition to any city imposed fine” in perpetuity with the CUP.
5. “A pplicant shall provide a fund in the amount of $30,000 to the City of Pomona Public Works Department for the installation of trees at Veteran’s Park as a buffer for sensitive uses; if impracticable to install at Veteran’s Park, the City may utilize this fee towards the planting of trees citywide.”
6. “T railer parking shall only be permitted along the northen face of the building, and in conjunction with a legally permissible operation within the building, and shall not be allowed independently of such operation.”
The applicant Brian W ong advised he accepted the additional conditions as summarized by DSD Deputy Director Kahn.
MOTION BY COUNCILMEMBER PRECIADO , SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 5 -1 (VICE MA YOR GARCIA OPPOSED, COUNCILMEMBER TORRES ABSENT), to adopt Resolution No. 2024-124.
ADJOURNMENT
The City Council meeting adjourned at 10:25 p.m. on July 30, 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