CAL
L TO ORDER
V
ice Mayor Garcia called the City Council Closed Session to order at 5:30 p.m.
ROLL CALL
Present: Vice Mayor Nora Garcia
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: Mayor Tim Sandoval
PUBLIC PARTICIPATION
Live Comment
s were as follows:
There were no live comments for closed session agenda items. 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 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. 7:00 PM Monday, September 9, 2024 Council Chambers
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CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a))
People of the State of California, by and through the City of Pomona v.
Pomona Lodge, LLC, et al.
Los Angeles Count y Superior Court
Case No. 24PSCV009900
B) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Development Services Director
CALL TO ORDER
Vice Mayor Garcia called the City Council Meeting to order at 7:01 p.m.
CITY ATTORNEY REPORT OUT FROM CLOSED SESSION
City Attorney Carvalho advised the City Council unanimously affirmed a new Development Services Department Director. City Manager Gutierrez introduced Betty Donavanik as the new Development Services Director.
PLEDGE OF ALLEGIANCE
Councilmember Lustro led the pledge of allegiance.
ROLL CALL
Present: Vice Mayor Nora Garcia
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres
Absent: Mayor Tim Sandoval
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STAFF PRESENT
Anita Gutierrez, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Diana Robles, Deputy City Clerk
Michael Ellis, Police Chief
Yvonne Morgan and Juan Ruiz contracted by the City, provided translation services.
PRESENTATIONS
*A Proclamation of the City Council of the City of Pomona Recognizing the Month of September 2024 as Service Club Month
-Councilmember Lustro presented the proclamation to various service clubs in the City of Pomona.
*Certificate of Recognition Presented to Rimm i Hundai in Recognition of 16 Years Serving as Executive Director for Tri-City Mental Health
-Vice Mayor Garcia presented the certificat e to Rimmi who shared a few words about her work in the City of Pomona.
MAYOR/COUNCILMEMBER COMMUNICATIONS
Councilmember Preciado commented on the wildfire s in the mountain north of La Verne, gave a shout out to the Garey Vikings football team, commented on the upcoming complete streets plan and discussed the import ance of increasing pedestrian safety in the City.
Councilmember Lustro wished safety for the co mmunities affected by the surrounding fires and announced there will be a clean-up event at Palomares Park in September.
Councilmember Ontiveros-Cole discussed safety precautions people can take to stay safe from excessive heat from the weather. She also encouraged folks to get their flue and COVID vaccines.
Councilmember Torres requested staff to bring back discussion of updating the City’s General Plan, and discussion of pedestrian st reet safety. Councilmember Torres also asked Athens send out physical mailers to residents for announcing the clean-up events.
Vice Mayor Garcia invited people to attend the upcoming District 3 Area Commander meeting, and to Pomona’s Clean & Green’s Pedestrian Infrastructure meeting.
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CITY MANAGER COMMUNICATIONS
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.
Live Comments were as follows:
Lorraine Canales discussed concerns with the conditions of the bathrooms in City parks.
Andrew Quiñones discussed the results of a City parks survey he conducted which highlighted various concerns.
Doug Lawrence discussed concerns with the stru ctural conditions of a residential building and requested support.
Yesenia Miranda Meza discussed concerns with the Police Department homeless encampment response team’s practices and discussed concerns with misinformation being spread by a former mayoral candidate.
Alicia Gaytan requested the City clean up a canal area behind her property.
Carol Anten discussed traffic hazards and street safety concerns.
Dawn Van Allen discussed the positive impacts traffic circles can have on street safety and discussed concerns with the new zoning in her neighborhood. Lastly, she expressed dissatisfaction with Athens street sweeping service.
Jesus Arzato expressed concerns with lack of public street parking.
Gustavo Ramirez invited the public to join a fundraiser by World Peace Now.
Stacey Cline discussed the challenges she has faced as a homeless individual in the City.
Mayela Yibale expressed dissatisfaction with t he lack of public street parking, and with the services from Athens.
Tremale Ratcliffe invited the community to attend the Police Oversight Commission meeting, and discussed traffic safety concerns.
M. Joyce Bakersmith discussed concerns wit h the traffic hazards caused by street vendors, and parking issues in the City.
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Greg Estel expressed the need to increase th e number of police officers, and discussed various concerns with street vendors, homelessness and transparency.
Diana Butcher discussed concerns with the lack of street safety in her neighborhood.
CONSENT CALENDAR
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to approve the entire Consent Calendar except for Item No. 10 pulled by Vice Mayor Garcia for a separate vote.
1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes
It is recommended that the City Council appr ove the following City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
July 30, 2024 Special Meeting Minutes
August 5, 2024 Regular Meeting Minutes
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) , to approve the City Council/Housing Authority/Successor Agency to the Redevel opment Agency Meeting Minutes of July 30, 2024 and August 5, 2024.
2. Approval of an Agreement with the Pomona Unified School Distr ict (PUSD) for a Pomona Resource Officer (PRO) Program
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-100 - A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIF ORNIA, AMENDING THE FY 2024-25 OPERATIONAL BUDGET BY INCREASING REVENUE ESTIMATES BY $398,598
2) Approve an Agreement with the Pomona Unified School District (PUSD) for a Pomona Resource Officer (PRO) Program from November 1, 2023 through June 30, 2025
3) Authorize the City Manager, or design ee, to execute the agreements and any amendments on behalf of the City, in subst antially the form submitted, subject to review and approval as to form by the City Attorney.
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolu tion No. 2024-100; and Approve an Agreement with the Pomona Unified School District (P USD) for a Pomona Resource Officer (PRO) Program from No vember 1, 2023 through June 30, 2025; and Authorize the City Manager, or design ee, to execute the agreements and any amendments on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
3. Award a Sole Source Purchase to Staccato Firearms for Duty Weapons in an Amount Not to Exceed $249,106 and Approve a Re-Payment Program Plan through Bi-Weekly Payroll Deductions
It is recommended that the City Council take the following actions:
1) Approve a re-payment program pl an for sworn personnel through bi-weekly payroll deduction for duty firearms
2) Approve a Sole Source Purchase to Stac cato Firearms for Duty Firearms in an amount Not to Exceed $249,106
3) Authorize the City Manager, or designee, to execute all agreements on behalf of the City, in substantially the form submit ted, subject to review and approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to approve a re-payment program plan for sworn personnel through bi-weekly pa yroll deduction for duty firearms; and approve a Sole Source Purchase to Staccato Firearms for Duty Firearms in an amount Not to Exceed $249,106; and authoriz e the City Manager, or designee, to execute all agreements on behalf of the Ci ty, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
4. Adopt a Resolution Accepting Grant Funds for the Operation of the Bridge Housing Program at Hope for Home Homeless Services Center and Amendment of the FY 2024-25 Operating Budget
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
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RESOLUTION NO. 2024-116 - A RESOLU TION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $1,078,710 IN CONTINUUM OF CARE (COC) HOMELESS HOUSING,
ASSISTANCE AND PREVENTION (HHAP) AND MEASURE H GRANT FUNDS
FOR THE OPERATION OF THE BRIDGE HOUSING PROGRAM AT HOPE FOR HOME HOMELESS SERVICES CENTER (H4H), AMENDMENT OF THE FY 2024-25 OPERATING BUDGET TO DECREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $16,290
2) Authorize the City Manager to am end the site operator agreement with Volunteers of America of Los Angeles fo r an additional 2 years extending it until June 30, 2025; and
3) Amend the agreement with Volunteers of America of Los Angeles (VOALA) as the H4H Site Operator by awarding $1,013,988 to operate the Bridge Housing Program; and
4) Authorize the City Manager to execute all agreements and any other documentation requested for acceptance of t he award, distribution of the funding and operation of the H4H Bridge Housing Program, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolution No. 2024-116; and authorize the City Manager to amend the si te operator agreement with Volunteers of America of Los Angeles for an additiona l 2 years extending it until June 30, 2025; and amend the agreement with Volunteers of America of Los Angeles (VOALA) as the H4H Site Operator by awarding $1, 013,988 to operate the Bridge Housing Program; and authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the H4H Bridge Housing Program, subject to approval as to form by the City Attorney.
5. Adopt a Resolution Accepting Grant Funds for the Operation of the Crisis Housing Program at Hope for Home Homeless Services Center and Amendment of the FY 2024-25 Operating Budget
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
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RESOLUTION NO. 2024-115 - A RESOLU TION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $1,828,000 IN MEASURE H GRANT FUNDS FOR THE OPERATION OF
THE CRISIS HOUSING PROGRAM AT HOPE FOR HOME HOMELESS
SERVICES CENTER (H4H), AMENDMENT OF THE FY 2024-25 OPERATING
BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $261,628
2) Amend the agreement with Volunteers of America Los Angeles (VOALA) as the H4H Site Operator by awarding $1,7 18,320 to operate the Crisis Housing Program; and
3) Authorize the City Manager to exec ute all agreements, amendments, and any other documentation requested for acceptanc e of the award, distribution of the funding and operation of the H4H Crisis Housing Program, subject to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolution No. 2024-115; and amend the agreement with Volunteers of America Los Angeles (VOALA) as the H4H Site Operator by awarding $1,718,320 to operate the Crisis Housing Program; and authorize the City Manager to execute a ll agreements, amendments, and any other documentation requested for acceptance of the award, distribution of the funding and operation of the H4H Crisis Housing Program, subject to approval as to form by the City Attorney.
6. Adoption of a Resolution Approving the Fiscal Year 2024-25 Statement of Investment Policy for the City of Pomona
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-117 - A RESOLUT ION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AP PROVING THE 2024-25 STATEMENT OF
INVESTMENT POLICY FOR THE INVEST MENT OF PUBLIC FUNDS BY THE
CITY TREASURER
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to Resolution No. 2024-117.
7. Approve and execute transfer agreement with the Los Angeles County Flood Control District’s Safe Clean Water Program-Municipal Program, Measure W, per the terms and conditions
It is recommended that the City Council take the following actions:
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1) Approve Agreement No. 2024MP61 (A greement) with the Los Angeles County Flood Control District (District) for the Safe Clean Water (SCW) program - Municipal Program, Measure W; and,
2) Authorize the City Manager to execute the Agreement (Attachment No. 1) with the District for the transfer of SCW prog ram - Municipal Progr am per the terms and conditions; and, any subsequent ame ndments contingent on City Attorneys review.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) , to approve Agreement No. 2024MP61 (Agreement) with the Los Angeles County Fl ood Control District (District) for the Safe Clean Water (SCW) program - Municipal Program, Measure W; and, authorize the City Manager to execute the Agreement (A ttachment No. 1) with the District for the transfer of SCW program - Municipal Program per the terms and conditions; and, any subsequent amendments contingent on City Attorneys review.
8. Resolution to Amend the Fiscal Year 2024-25 Operating Budget by Appropriating $500,000 of Available Proposition A Fund Reserves for Paratransit Services
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AM ENDING THE FIS CAL YEAR 2024-25 OPERATING BUDGET BY APPROPRI ATING $500,000 FROM AVAILABLE
PROPOSITION A FUND RESERVES FOR PARATRANSIT SERVICES
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolution No. 2024-127.
9. Adopt Resolutions authorizing the California Department of Tax and Fee Administration (CDTFA) to administrate and implement a local Transaction and Use Tax (TUT)
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2024-129 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING EXAMINATION OF SALES,
USE AND TRANSACTION TAX RECORDS
RESOLUTION NO. 2024-130 - A RESOLUT ION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND
FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS
AND USE TAX
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) , to adopt Resolution No. 2024-129 and Resolution No. 2024-130.
10. Approving Funding of $50,000 to the Pomona Chamber of Commerce In Accordance with the Defined Disbursement Schedule
It is recommended that the City Council approve funding for the Pomona Chamber of Commerce (the “Chamber”) for Fiscal Year 2024-2025 in the amount of $50,000 to be disbursed in four equal quarterly payments of $12,500 at the beginning of each quarter.
This item was pulled by Vice Mayor Garcia for a separate vote.
Vice Mayor Garcia expressed the opinion that the item is a conflict of interest and therefore opposed the item.
Councilmember Torres expressed support for the item and discussed the importance of the City being business friendly.
Councilmember Preciado discussed the possibilit y of conducting a study to determine the metrics to support businesses and highlighted the importance of having a partnership between the City and Chamber of Commerce.
Councilmember Ontiveros-Cole expressed satisfaction with the work done by the Chamber of Commerce and expressed support for the item.
Councilmember Torres suggested staff research what funding surroundi ng cities are giving to their Chambers of Commerce.
MOTION BY COUNCILMEMBER PRECIADO, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 5-1 (VICE MAYOR GARCIA OPPOSED, MAYOR SANDOVAL ABSENT), to approve funding for the Pomona Chamber of Commerce (the “Chamber”) for Fiscal Year 2024-2025 in th e amount of $50,000 to be disbursed in four equal quarterly payments of $12,500 at the beginning of each quarter.
11. Approve an Agreement for Purchase of Recycled Water with Los Angeles County Sanitation District
It is recommended that the City Council take the following actions:
1) Approve an Agreement for Purchase and Sale of Recycled Water between County Sanitation District No. 2 of Los Angeles County and City of Pomona (Agreement) to renew and continue the purchase of recycled water for a term of 25 year; and,
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2) Authorize the City Manager to execut e the Agreement with the Los Angeles County Sanitation District for purchase of recycled water and any subsequent amendments contingent on City Attorneys review.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to approve an Agreement for Purchase and Sale of Recycled Water between County Sanitation District No. 2 of Los Angeles County and City of Pomona (Agreement) to renew and continue the purchase of recycled water for a term of 25 year; and, authorize the City Manager to execute the Agreement with the Los Angeles County Sani tation District for purchase of recycled water and any subsequent amendments contingent on City Attorneys review.
12. Award of Contract to EN Engineering, LLC for Local Broadband Assessment
It is recommended that the City Council take the following actions:
1) Approve the award of a Professional Services Agreement (PSA) to EN Engineering, LLC. (“EN”) in an amount no t-to-exceed $311,000 to perform local broadband needs assessment; and
2) Authorize the City Manager to execut e the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to approve the award of a Professional Services Agreement (PSA) to EN Engineering, LLC. (“EN”) in an amount not-to-exceed $311,000 to perform local broadband needs assessment; and authorize the City Manager to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney.
13. Approval of Lot Merger LM16-2023 for the Property Located at 1333-1335 W.
Eleventh Street, Pomona, CA, Assessor Parcel Number 8349-028-002, Related to the Remodeling of an Existing Residential Property (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-132 - A RESO LUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM16-2023 FOR THE PROPERTY LOCATED AT 1333-1335 W. ELEVENTH STREET, ASSESSOR PARCEL NUMBER 8349-028-002
2) Authorize the City Engineer to si gn Lot Merger LM16-2023 on behalf of the City of Pomona.
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) , to adopt Resolution No. 2024-132 and authorize the City Engineer to sign Lot Merger LM16-2023 on behalf of the City of Pomona.
14. Retroactively Approve Emergency Purchase for Pool Repairs
It is recommended that the City Council take the following actions:
1) Per Pomona Municipal Code Section 2-998 - Emergency Purchases, retroactively approve expenditures for t he emergency purchase of Accu-Tab and Acid-Rite Feeder Systems and Automated Pool Chemical Controllers at Washington Park and Ganesha Park pools; and
2) Approve the payment to Aqua Source, Inc. in the amount of $173,877.82.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to retroactively approve expenditures for the emergency purchase of Accu-Tab and Acid-Rite Feeder Systems and Automated Pool Chemical Controllers at Washington Park and Ganesha Park pools; and approve the payment to Aqua Source, Inc. in the amount of $173,877.82.
15. Adopt a Resolution Authorizing the City of Pomona Housing Authority (PHA) to accept a grant award and receive funding fr om the U.S. Department of Housing and Urban Development (HUD), totaling $188,177
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-136 - A RESO LUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, SITTING AS THE GOVERNING
BOARD OF THE POMONA HOUSING AUTHORITY, APPROVING THE
ACCEPTANCE OF A U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) PROGRAM GRANT AWARD, TO RECEIVE FUNDING TOTALING $188,177 AMENDING THE FY 2024-25 OPERATING BUDGET BY
INCREASING REVENUE ESTIMATES, AND APPROPRIATING FUNDS IN THE
SAME AMOUNT
2) Approve an extension to the Memo randum of Understanding (MOU) with Los Angeles County Department of Children and Family Services (DCFS) as required for the administration of the Foster to Independence (FYI) Program, subject to City Attorney review and approval;
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3) Authorize the Executive Director of the Housing Authority or his designee to execute the contracts and other documentation requested for acceptance and implementation of the grant award, subj ect to approval as to form by the City Attorney.
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolu tion No. 2024-136; and approve an extension to the Memorandum of Understanding (MOU) with Los Angeles County Department of Children and Family Services (DCFS) as required for the administration of the Foster to Independence (FYI) Program, subject to City Attorney review and approval; and authorize the Executive Director of the Housing Authority or his designee to execute th e contracts and other documentation requested for acceptance and implementation of the grant award, subject to approval as to form by the City Attorney.
16. Amendment to the FY 2024-25 Operating Budget Increasing Revenue Estimates and Appropriations for the Homeless Programs Budget
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-138 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING THE AMENDMENT OF THE
CITY OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $258,991
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolution No. 2024-138.
17. Approval of Lot Merger LM5-2024 for t he Property Located at 1580 N. Park Avenue, Pomona, CA, Assessor Parcel Number 8359-023-007, Related to the Remodeling of an Existing Residential Property (Council District 1)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-139 - A RESO LUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM5-2024 FOR THE PROPERTY LOCATED AT 1580 N. PARK AVENUE, ASSESSOR PARCEL NUMBER 8359-023-007
2) Authorize the City Engineer to sign Lot Merger LM5-2024 on behalf of the City of Pomona.
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MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) , to adopt Resolution No. 2024-139 and authorize the City Engineer to sign Lot Me rger LM5-2024 on behalf of the City of Pomona.
18. Amend Fiscal Year 2024-25 Operating Budget by Appropriating $16,597 of San Gabriel/Pomona Regional Center Grant Funds to Inclusive Pomona Project
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-144 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AM ENDING THE FISCAL YEAR 2024-25 OPERATING BUDGET BY APPROPRIATING $16,597 OF SAN
GABRIEL/POMONA REGIONAL CENTER GRANT FUNDS TO INCLUSIVE
POMONA PROJECT
MOTION BY COUNCILMEMBER LUSTRO, SECOND BY COUNCILMEMBER NOLTE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to adopt Resolution No. 2024-144.
DISCUSSION CALENDAR
19. 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) recomme nded and make the finding that the community at large will receive a public b enefit from the expenditure of funds for the recommended item(s); and
A) Amount to be determined to Christmas on Columbia in support of Christmas on Columbia: Requested Amount: $6,972
B) Amount to be determined to Pomona Heritage in support of Old Home Restoration Workshop: Requested Amount: $850
C) Amount to be determined to Rudolph on Randolph in support of Christmas on Columbia: Requested Amount: $1,000
D) Amount to be determined to African Am erican Advisory Alliance in support of 5 th Annual Pomona Children’s Festival: Requested Amount: $2,500
E) Amount to be determined to Garey High School in support of Cafecito Con Libros: Requested Amount: $6,000
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F) Amount to be determined to Chas P. Rowe Post 30 American Legion Department of California in suppor t of America Legion Post 30 Grand Reopening and BBQ: Requested Amount: $2,000
2) Receive and file the recap of final amounts.
MOTION BY COUNCILMEMBER LUST RO, SECOND BY COUNCILMEMBER ONTIVEROS-COLE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT), to make a finding of public benefit for items A-F.
Vice Mayor Garcia called a recess at 8:26 p.m.
Vice Mayor Garcia resumed the meeting at 8:32 p.m.
PUBLIC HEARINGS
20. Introduction of an Ordinance Amending the Pomona City Code to add Section 58-296 “Commercial Vehicle Enforcement - Administrative Fines” Relating to Truck Route Violations
It is recommended that the City Council take the following actions:
1) Conduct public hearing and receive public testimony;
2) Introduce, waive further and gi ve first reading to the following:
ORDINANCE NO. 4346 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58 (“TRAFFIC AND VEHICLES”), ARTICLE V (“VEHICLE SI ZE, WEIGHT AND LOAD”), DIVISION 2 (“TRUCK ROUTES”) OF THE POMONA CITY CODE TO ADD SECTION 58-296 (“COMMERCIAL VEHICLE ENFORCEMENT - ADMINISTRATIVE FINES”)
3) Adopt the following resolution:
RESOLUTION NO. 2024-122 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, FUND A PREVIOUSLY UNFUNDED OFFICER POSITION; ESTABLISHING ADMINISTRATIVE CITATION FINE FOR VIOLATIONS RELATING TO TRUCK ROUTES; AMEND THE MASTER FEE
SCHEDULE TO INCREASE COMMERCIAL PARKING VIOLATION FEE AND AMEND THE FY 2024-25 OPERATION BUDGET BY INCREASING REVENUE ESTIMATES IN THE AMOUNT OF $500,000 AND APPROPRIATIONS IN THE AMOUNT OF $380,000
Police Chief Ellis introduced Sgt. Moya who presented the item to City Council.
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Vice Mayor Garcia opened the public hearing.
Public Speaker Lisa Engdahl spoke in support of the item.
Public Speaker Kyle Brown spoke in support of the item.
Vice Mayor Garcia closed the public hearing.
Councilmember Preciado asked questions about th e possibility of further reducing truck routes in the City, and expressed support for the item.
City Attorney Carvalho answered Councilmember Preciado’s questions.
Councilmember Lustro expressed support for the item.
Councilmember Ontiveros-Cole asked questions to staff.
Sgt. Moya answered Councilmember Ontiveros-Cole’s questions.
Councilmember Torres asked questions regarding the methods staff would take to update commercial truck drivers about the new rules.
Sgt. Moya and City Manager Gutierrez answered Councilmember Torres’ questions.
Vice Mayor Garcia asked various questions about the traffic officer position, and commented this new policy has the goal of improving safety for residents.
MOTION BY VICE MAYOR GARCIA, SE COND BY COUNCILMEMBER ONTIVEROS- COLE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) to introduce, waive further and give first reading to Ordinance No. 4346 and adopt Resolution No. 2024-122.
21. Public Hearing to Remove Crosswalk at the Intersection of Reservoir Street and Second Street
It is recommended that the City Council take the following actions:
1) Open the public hearing regarding the removal of the crosswalk at the intersection of Reservoir Street and Second Street, after receiving comments and testimony, close the public hearing; and
2) Authorize the removal of the crosswalk at the intersection of Reservoir Street and Second Street.
Public Works Director Rene Guerrero gave a brief introduction of the item.
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City of Pomona Page 17
Vice Mayor Garcia opened the public hearing.
Public Speaker Kyle Brown expressed oppositi on to the item and r equested adding safety measure to improve the existing crosswalk.
Public Speaker Davidson Drake expressed opposition to the item.
Vice Mayor Garcia closed the public hearing.
Councilmember Torres expressed opposition to the item and requested adding pedestrian safety measures to the intersection.
Councilmember Ontiveros-Cole asked questions to staff, and expressed support for the addition of signs to improve the crosswalk.
Councilmember Preciado asked questions and suggested postponing the motion until after the complete streets study.
Councilmember Nolte stated he would support th e removal of the crosswalk unless it was enhanced with pedestrian safety measures.
Councilmember Lustro also expressed support fo r the removal of the crosswalk unless it was enhanced.
Vice Mayor Garcia expressed support for keeping the crosswalk and improving it with pedestrian safety measures.
Councilmember Preciado agreed the crosswalk should be improved.
After further questions and commentary from City Council regarding funding for improvements at this crosswalk, a motion was made by Vice Mayor Garcia.
MOTION BY VICE MAYOR GARCIA, SE COND BY COUNCILMEMBER ONTIVEROS- COLE, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) to not authorize the removal of the crosswalk and for staff to return with options to fund the improvements needed at this crosswalk.
22. Public Hearing for an appeal of Planning Commission’s approval of a Development Plan Review (DPR-021499-2023) and Tentative Tract Map
(TRACTMAP-021501-2023) to develop a 1.9 acre site with 45 residential units, consisting of eight structures, each three stories in height, as well as associated on-site and off-site improvements.
It is recommended that the City Council take the following actions:
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City of Pomona Page 18
1) Conduct a Public Hearing regarding t he appeal received for the project; and,
2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolutions:
RESOLUTION NO. 2024-134 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA APPROVING A DEVELOPMENT PLAN REVIEW (DPR-021499-2023) FOR THE DEVELOPMENT OF 45 RESIDENTIAL
UNITS AS WELL AS ASSOCIATED ON-SITE AND OFF-SITE
IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE AVENUE (ASSESSOR’S PARCEL NUMBER 8339-001-008)
RESOLUTION NO. 2024-135 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 84154 (TRACTMAP-021501-2023) FO R CONDOMINIUM PURPOSES IN ASSOCIATION WITH THE DEVELOPMENT OF 45 RESIDENTIAL UNITS AS
WELL AS ASSOCIATED ON-SITE AN D OFF-SITE IMPROVEMENTS ON A PROPERTY LOCATED AT 1707 N. TOWNE AVENUE (ASSESSOR’S PARCEL NUMBER 8339-001-008)
*Please see attachment for emails submitted regarding this item.
Development Services Deputy Director At a Kahn introduced Supervising Planner Vinny Tam who gave the staff presentation.
Councilmember Torres exited the council chambers at 10:09 p.m. and returned at 10:14p.m.
Vice Mayor Garcia opened the public hearing.
Public Speaker Carol Anten expressed opposition to the item.
Public Speaker Dawn Van Allen expressed opposition to the item.
Public Speaker Diana Butches expressed opposit ion to the removal of the tree on the property for this development.
Public Speaker Fred Van Allen expressed opposition to the item.
Public Speaker Mario Suarez expressed opposition to the item.
Public Speaker Ann Tomkins expressed concerns with some aspects of the project.
Public Speaker Sean Paradine expressed oppos ition to the removal of the tree, and requested robust safety measures be added to increase pedestrian safety.
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City of Pomona Page 19
Public Speaker Hang Fung expressed support for the item.
Applicant Matt Livingston discussed his history of developments in the City, and highlighted aspects of the project.
Vice Mayor Garcia closed the public hearing.
Supervising Planner Tam provided responses to the various concerns raised by Public Speakers during the Public Hearing. Public Works Guerrero and DSD Deputy Director Kahn provided comments regarding the speed bumps.
Councilmember Preciado asked questions about various aspects of the project and Supervising Planner Tam answered his questions.
Councilmember Lustro gave suggestions about tr affic mitigation strategies and asked questions to staff.
Councilmember Ontiveros-Cole shared comment s and expressed concerns regarding the removal of the tree. Councilmember Ontiveros-Cole also requested best efforts to preserve and save the tree as an added condition to the project. Lastly, Councilmember Ontiveros- Cole expressed support for making improvem ents to the streets to enhance pedestrian safety.
Councilmember Torres requested studies to dete rmine how traffic will be affected in the area be completed, and requested priority be placed on updating the general plan.
Vice Mayor Garcia asked questions about various aspects of the project, expressed support for the speed bumps and gave closing co mments. Vice Mayor Garcia asked about the feasibility of conditioning the saving of the tree.
DSD Deputy Director Kahn advised the saving of the tree could not be guaranteed, but best efforts to save or re-locate the tree could be asked of the developer. Additionally, should the tree not be saved the Council coul d include in the condition that the tree be replaced by the developer with three new trees.
City Attorney Carvalho commented on how best to frame their requests to avoid violating state law.
After further questions and comments from Councilmembers, Vice Mayor Garcia motioned for the project to be approved as stated ba sed on the conversation had with the applicant, with City staff and with City Council.
MOTION BY VICE MAYOR GARCIA, SEC OND BY COUNCILMEMBER PRECIADO, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) to adopt Resolution No. 2024-134 and Resolution No. 2024-135.
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23. Public Hearing Regarding the Reversion to Acreage of Property Located at 252 W.
Franklin Avenue, Pomona, CA, Assessor Parcel Number 8344-021-033, Associated with Recorded Tract Map TM No. 63194, and Adoption of a Resolution Ordering the Reversion to Acreage by Approving Pa rcel Map PM No. 83127 - Reversion to Acreage (Council District 2)
It is recommended that the City Council take the following actions:
1) Conduct the public hearing regarding t he reversion to acreage proceedings for the property located at 252 W. Fran klin Avenue, pursuant to California Government Code Sections 65090 and 65091, Subdivision Map Act Section 66499.15, and Pomona Zoning and Devel opment Code Section 1120, to consider evidence presented pursuant to Subdivision Map Act Section 66499.16;
2) Upon receiving public comment and testimony, conclude the public hearing and adopt the following resolution:
RESOLUTION NO. 2024-140 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ORDERING THE REVERSION TO ACREAGE OF PROPERTY LOCATED AT 252 W. FRANKLIN AVENUE,
POMONA, CA, ASSESSOR PARCEL NUMBER 8344-021-033, ASSOCIATED WITH RECORDED TRACT MAP TM NO. 63194, AND APPROVING PARCEL MAP PM NO. 83127 - REVERSION TO ACREAGE
3) Authorize the City Engineer to sign the Parcel Map PM 83127 - Reversion to Acreage on behalf of the City of Pomona.
Public Works Director Rene Guerrero gave a brief introduction of the item.
Vice Mayor Garcia opened the public hearing and with no public speakers, Vice Mayor Garcia closed the public hearing.
Councilmember Preciado asked questions regarding the history of the parcel lot and Public Works Guerrero answered his questions.
MOTION BY COUNCILMEMBER PRECIAD O, SECOND BY VICE MAYOR GARCIA, CARRIED 6-0 (MAYOR SANDOVAL ABSENT) to adopt Resolution No. 2024-140 and authorize the City Engineer to sign the Parcel Map PM 83127 - Reversion to Acreage on behalf of the City of Pomona.
ADJOURNMENT
The City Council meeting adjourned at 11:33 p.m. on September 9, 2024.
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City of Pomona Page 21
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
1 Robles, Diana
From: DevServicesComments
Sent: Monday, September 9, 2024 5:48 PM
To: City Clerk
Cc: Khan, Ata; Donavanik, Betty
Subject: FW: RC Homes, Inc./Time Sales
One comment has been submitted via email for agenda item no. 22. Please add to the public record.
Thanks,
Vinny Tam, AICP (he/him) | Supervising Planner
City of Pomona | 505 S. Garey Ave.
Pomona, CA 91769 | (909) 620‐2284
[email protected]
City Hall is open Monday to Thursday 7:30 a.m. to 6:00 p.m. and closed every Friday
From: Raquel Hurd <[email protected]>
Sent: Sunday, September 8, 2024 5:24 PM
To: DevServicesComments <[email protected]> Subject: Re: RC Homes, Inc./Time Sales
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders.
On Wed, Jun 26, 2024, 6:44 PM Raquel Hurd <[email protected]> wrote:
Dear Reader;
We, in the community where development is fast approaching; though we welcome it we have our concerns about: Traffic; Parking; Noise abatement and or insulation; Road preservation and or maintenance; and, Tree protection/preservation.
Respectfully,
WALTER & RAQUEL