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FINAL MINUTES 10-21-2024.pdf

City Council / Housing Authority
November 18, 2024

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FINAL MINUTES 10-21-2024.pdf
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November 18, 2024
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CLOSED SESSION

There was no closed session.

CALL TO ORDER

Mayor Sandoval called the City Council Meeting to order at 7:00 p.m.

CITY ATTORNEY REPORT OUT FROM CLOSED SESSION

Mayor Sandoval stated there was no reportable action due to there not being a closed session.

PLEDGE OF ALLEGIANCE

Councilmember Lustro led the pledge of allegiance.

ROLL CALL

Present: Mayor Tim Sandoval
Vice Mayor Nora Garcia
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
Councilmember Robert Torres

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, October 21, 2024 Council Chambers
City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 2

Absent: None

STAFF PRESENT

Anita Gutierrez, City Manager
Sonia Carvalho, City Attorney
Rosalia Butler, City Clerk
Karla Shipman, Assistant City Clerk
Michael Ellis, Pomona Police Chief

Daniel Tamayo, contracted by the City, provided translation services.

PRESENTATIONS

*A Proclamation of the City Council of the City of Pomona Proclaiming November 10-16, 2024 as “National Nurse Practitioner Week” in the City of Pomona

Mayor Sandoval presented the proclamation to Dr. Emmanuel who spoke a few words her work in Pomona and the nursing profession.

*A Proclamation by the City Council of the City of Pomona Proclaiming November 2024 as “Diabetes Awareness Month” in the City of Pomona

Mayor Sandoval presented the proclamation to Clinical Diabetes Program Coordinators at Pomona Valley Hospital: James Dale, Evelyn Scott, and Lisa Diaz.

MAYOR/COUNCILMEMBER COMMUNICATIONS

*Mayor/Councilmember Communications were heard after Public Hearing Item No. 14.

Councilmember Preciado requested City Attorney Carvalho to check with Pomona PD about following due process while conducting street outreach, and requested to give input on the design of Consent Calendar Item No. 5.

CITY MANAGER COMMUNICATIONS

City Manager Gutierrez stated there was an addendum regarding Consent Calendar Item No. 5; the addendum indicated the in-lieu payment changed from $675,268 to $594,236.

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:

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 3

Mayra Langaria discussed the challenges she has experienced as a homeless person.

Minerva Hernandez shared information about an upcoming expo meant for businesses just starting out.

Aaron McCain gave positive feedback about the newly installed bike lanes on La Verne Ave, but commented that many residents park in the bike lane forcing him to ride in the traffic lane.

Greg Estel discussed concerns with Planning Commissioner Camacho.

Mike Cargile discussed his opposition to Measure Y.

Veronica Cabrera discussed concerns with rent control policies.

Gustavo Ramirez discussed free resources available to the community and discussed World Peace Now.

Brenda Schultz discussed the San Gabriel Valley Conservation Corps organization and announced their Second Annual Fundraising Golf Tournament.

Richard Pham discussed noise hazards in his neighborhood and requested the City adopt an ordinance to establish legal noise limits and purchase noise cameras to find violators.

Josephina discussed her experience with being evicted and expressed support for the City establishing stronger tenant protections.

Yesenia Miranda Meza expressed her disappointment with the City postponing the voting on the Anti-Tenant Harassment Ordinance.

Brianna Argulo spoke in support of Measure Y.

Elinor Crescenzi introduced Jacob H all and discussed concerns with the practice of improperly clearing encampments.

Jacob Hall discussed his encounter with Pomona PD in which he alleged his property was taken and lost.

Ellie O’Bosky invited people to learn about needs based understanding.

CONSENT CALENDAR

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7-0, to approve the entire Consent Calendar.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 4

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:

September 16, 2024 Special Meeting Minutes
October 7, 2024 Regular Meeting Minutes

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7-0, to approve City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes of September 16, 2024 and October 7, 2024.

2. Cooperative Agreement wit h the City of La Verne Assigning Maintenance of Two New Traffic Signals on Fulton Road

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024 -133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024 -25

CAPITAL IMPROVMENET PROGRAM (CIP) BUDGETS BY APPROPRIATING $28,000 OF CAPITAL IMPROVEMENT PROJECT FUND RESERVES TO “DISTRICT 2 - NEW PLAYGROUND AT RALPH W ELCH PARK,” PROJECT NO. 428-2590-XXXXX-71096

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024-133.

3. Acceptance of a Standards and Training for Corrections (STC) Grant

It is recommended that the City Council take the following actions:

1) Adopt the following resolution:

RESOLUTION NO. 2024 -147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2024 -25

OPERATING BUDGET BY INCREASI NG REVENUE ESTIMATES AND
APPROPRIATIONS IN THE AMOUNT OF $13,860

2) Accept a Standards and Training for Corrections (STC) Grant from the Board of State and Community Corrections (BSCC) in an amount of $13,860; and

3) Authorize the City Manager, or des ignee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 5

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024 -147; and accept a Standards and Training for Corrections (STC) Grant from the Board of State and Community Corrections (BSCC) in an amount of $13,860; and authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substanti ally the form submitted, subject to review and approval as to form by the City Attorney.

4. Resolution to Amend the FY 2024 -25 Capital Improvement Program (CIP) Budget By Appropriating $385,000 of Available Fairplex Mitigation Funds to “Traffic Signal improvement - McKinley Avenue and Canyon Way,” Project No. 428-2590-XXXXX-68587 and Award of Construction Contract to Comet Electric, Inc.

It is recommended that the City Council approve the following actions:

1) Adopt the following resolution:

RESOLUTION NO. 2024 -112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $385,000 OF AVAILABLE FAIRPLEX MITIGATION FUNDS TO “TRAFFIC SIGNAL IMPROVEMENT - MCKINLEY AVENUE AND CANYON WAY,” PROJECT NO. 428-2590-XXXXX-68587

2) Award a construction contract to Comet Electric, Inc. for “Traffic Signal Improvement - McKinley Avenue and Canyon Way,” Project No. 428-2590-XXXXX-68587, to include all Base Bid items, in the amount of $705,500;

3) 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

4) Authorize the City Manager, or her designee, to execute the construction contract/agreement and related documents (permits, etc.).

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024 -112; and award a construction contract to Comet Electric, Inc. for “Traffic Signal Improvement - McKinley Avenue and Canyon Way,” Project No. 428 -2590-XXXXX-68587, to include all Base Bid items, in the amount of $705,500; 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 the environment; and authorize the City Manage r, or her designee, to execute the construction contract/agreement and related documents (permits, etc.).

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 6

5. Adopt a Resolution to Amend the FY 2024 -25 CIP Budget and Award Construction Contract to Apparent Second Lowest Bid for “Garey Avenue Rehabilita tion - Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573

It is recommended that the City Council take the following actions:

1) Adopt the following resolution:

RESOLUTION NO. 2024 -177 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2024-25 CAPITAL

IMPROVEMENT PROGRAM (CIP) BUDGET BY RECEIVING, INCREASING

REVENUE ESTIMATES, AND APPROPRIATING AN IN -LIEU PAYMENT OF $675,268 FROM POMONA VALLEY HOSPITAL MEDICAL CENTER TO “GAREY AVENUE REHABILITATION - ALISO STREET TO MONTEREY AVENUE,” PROJECT NO. 428-2590-XXXXX-68573

2) Authorize City Staff to reject the apparent lowest bid from All American Asphalt for “Garey Avenue Rehabilitation - Aliso Street to Mont erey Avenue,” Project No. 428-2590-XXXXX-68573, to include all Base Bid items plus Additive Alternate Nos. 1-

3) Award a construction contract to the apparent second lowest bid from Gentry Brothers, Inc. for “Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573, to include all Base Bid items, plus Additive Alternate No. 4, in the amount of $6,792,470;

4) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) and that the proposed project will not have a significant effect on the environment;

5) Approve a cooperative agreement with Pomona Valley Hospital Medical Center (PVHMC) to jointly perform the work as one project to reduce conflicts and costs;

6) Authorize the City Manager, or designee, to execute the cooperative agreement with PVHMC and any future amendments on behalf of the City and approval as to form by the City Attorney; and

7) Authorize the City Manager, or designee, to execute the construction contract and any subsequent change orders on behalf of the City.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 7

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024 -117; and authorize City Staff to reject the apparent lowest bid from All American Asphalt for “Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No. 428 -2590-XXXXX-68573, to include all Base Bid items plus Additive Alternate Nos. 1 -; and award a construction contract to the apparent second lowest bid from Gentry Brothers, Inc. for “Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573, to include all Base Bid items, plus Additive Alternate No. 4, in th e amount of $6,792,470; 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 the environmen t; and approve a cooperative agreement with Pomona Valley Hospital Medical Center (PVHMC) to jointly perform the work as one project to reduce conflicts and costs; authorize the City Manager, or designee, to execute the cooperative agreement with PVHMC and any future amendments on behalf of the City and approval as to form by the City Attorney; and authorize the City Manager, or designee, to execute the construction contract and any subsequent change orders on behalf of the City.

6. Acceptance of an Alcoholic Beverage Control Mini Grant

It is recommended that the City Council take the following actions:

1) Adopt the following resolution:

RESOLUTION NO. 2024 -178 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2024 -25

OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS IN THE AMOUNT OF $40,000

2) Accept an Alcoholic Beverage Control Mini Grant from the Californi a Office of Traffic Safety in the amount of $40,000 beginning October 1, 2024 through August 31, 2025;

3) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantial ly the form submitted, subject to review and approval as to form by the City Attorney.

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024 -178; and accept an Alcoholic Beverage Control Mini Grant from the Cal ifornia Office of Traffic Safety in the amount of $40,000 beginning October 1, 2024 through August 31, 2025; and authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 8

7. Acceptance of the Proposition 47 (Prop 47) Grant Program and Amend the Fiscal Year (FY) 2024-2025 City Operating Budget

It is recommended that the City Council take the following actions:

1) Adopt the following resolution:

RESOLUTION NO. 2024 -182-A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2024-2025 CITY OPERATING BUDGET TO INCREASE REVENUE
ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $1,636,379 THROUGH ACCEPTANCE OF THE PROPOSITION 47 GRANT

2) Authorize the City Manager, or his designee, to negotiate and execute all related documents to receive the grant funds and implement the funded activities.

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024 -182; and authorize the City Manager, or his designee, to negotiate and execute all related documents to receive the grant funds and implement the funded activities.

8. Approval of 17 Mills Act Contracts for Historic Properties

It is recommended that the City Council adopt Resolution No’s. 2024 -158 through 2024-174, approving 17 Mills Act Contracts for various historically designated properties.

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No’s. 2024 -158 through 2024 -174, approving 17 Mills Act Contracts for various historically designated properties.

9. Adoption of Resolutions Amending the Memorandums of Understanding Between the City of Pomona and the PPOA, PPMA, and the Compensation Plan for Executive Group A and B Employees to Reflect Contractual Language Required by CalPERS for Sworn Employees

It is recommended that the City Council adopt the following resolutions:

RESOLUTION NO. 2024 -179 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA POLICE OFFICERS’ ASSOCIATION

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 9

RESOLUTION NO 2024 -180 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA POLICE MANAGERS’ ASSOCIATION

RESOLUTION NO. 2024 -181 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR

EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY ADDING

CONTRACTUAL LANGUAGE REQUIRED BY THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7 -0, to adopt Resolution No. 2024-179, Resolution No. 2024-180 and Resolution No. 2024- 181.

After the Consent Calendar, items were heard in the following order: Discussion Item No. 12, Discussion Item No. 10, Discussion Item No. 11, Public Hearing Item No. 13, and Public Hearing Item No. 14.

DISCUSSION CALENDAR

10. 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 fro m the expenditure of funds for the recommended item(s); and

A) Amount to be determined to God’s Pantry in support of 8th Annual Pomona 5k/10k & Toddler Trot: Requested Amount: $5,000

B) Amount to be determined to Vietnamese Community of Pomona Valley in support of Outstanding Student Awards: Requested Amount: $2,000

C) Amount to be determined to Overspray Art Supply & Gallery in support of Lady Pink Panel at The Fox & Solo Art Exhibit: Requested Amount: $6,000

D) Amount to be determined to San Gabriel Valley Conservation Corps in support of 2nd Annual Golf Fundraiser: Requested Amount: $10,000

E) Amount to be determined to Fist of Gold Youth Center (Brownstone Mentoring Services) in sup port of providing adequate and safe equipment and tutoring support: Requested Amount: $10,000

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 10

F) Amount to be determined to Compassionate Pomona in support of the 4 th Annual Kindness Carnival: Requested Amount: $700

G) Amount to be determined to The Mult itudes Clothing in support of its Pomona Rise event: Requested Amount: $9,000

2) Receive and file the recap of final amounts.

Public Speaker Justin Manriquez spoke in support of the Lady Pink Panel at The Fox & Solo Art Exhibit.

Public Speaker Tremale Ratcliffe spoke in support of the Fist of Gold Youth Center.

Public Speaker Daimen Camacho submitted a speaker car in support of the Fist of Gold Youth Center but was not present when called to speak.

MOTION BY MAYOR SANDOVAL, SECOND BY VICE MAYOR GARCIA, CARRIED 7-0, to make a finding of public benefit for items A-G.

11. Adoption of Urgency Ordinance No. 4351 and Introduction and First Reading of Ordinance No. 4349 and Adoption of Resolution No. 2024 -155 Amending Pomona City Code Chapter 30 (Licenses, Permits and Miscellaneous Regulations), Article X (Sidewalk Vending) and Creating New Regulations for Sidewalk Vending Operations

It is recommended that the City Council take the following actions:

Introduce, waive further reading, and adopt the following:

1. URGENCY ORDINANCE NO. 4351 - AN URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PURSUANT TO SECTION 510 OF THE CITY CHARTER, AMENDING POMONA CITY CODE CHAPTER 30 (LICEN SES, PERMITS AND MISCELLANEOUS

REGULATIONS), ARTICLE X (SIDEWALK VENDING) AND CREATING NEW

REGULATIONS FOR SIDEWALK VENDING OPERATIONS

2. ORDINANCE NO. 4349 - AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING POMONA CITY CODE
CHAPTER 30 (LICENSES, PERMITS AND MISCELLANEOUS

REGULATIONS), ARTICLE X (SIDEWALK VENDING) AND CREATING NEW REGULATIONS FOR SIDEWALK VENDING OPERATIONS; and

Adopt the following resolutions:

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 11

3. RESOLUTION NO. 2024 -155 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF POMONA, CALIFORNIA, AMENDING THE RULES AND

REGULATIONS FOR SIDEWALK VENDING AND FINDING THE SAME
EXEMPT FROM CEQA; and

4. RESOLUTION NO. 2024 -183 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 OPERATING BUDGET BY APPROPRIATING $16,000 FROM THE

GENERAL FUND RESERVES TO COVER OVERTIME EXPENSES FOR THE ENFORCEMENT OF THE CITY’S SIDEWALK VENDING PROGRAM

*Please see attachment for emails submitted regarding this item.

Development Services Director Betty Donavanik gave the staff presentation.

The following Public Speakers expressed support for the item:

Monique Robles
M. Joyce Bakersmith read a public comment letter from Laura Speidel Estel.

Deanna McClinktick
Greg Estel
Joe Draper
Christopher Thomas Hernandez
Nef Cortez
Mirza Santos
Carol Anten
M. Joyce Bakersmith

The following Public Speakers expressed opposition to the item.

Fanny Millan
Kevin Torres
Aneesa Smith
Bryan Sanchez
Ellie O’Bosky
Ana Martinez
Elinor Crezcenzi
Esmeralda Santos

Public Speaker Guillermo Gonzalez asked questions about the item.

Public Speaker Alexis Teadoro requested a town hall to provide public speakers more opportunity to collaborate on developing the ordinances.

Public Speakers Maria Garcia, Evelia Rocha, and Patricia Mickeys submitted speaker cards but were not present to speak when called.

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Redevelopment Agency
City of Pomona Page 12

Public Speaker Lina Mira submitted a non -speaker card opposing the item and requested more opportunities for collaboration between all stakeholders.

Councilmember Ontiveros-Cole asked questions about the fine collection process.

Councilmember Lustro asked questions about the specifics of the ordinances. DSD Director Donavanik answered his questions.

Vice Mayor Garcia discussed concerns the ordinance would address, expressed support for the item and expressed a desire to have futur e conversations to improve these ordinances.

Councilmember Preciado asked questions about the ordinances, discussed concerns, an d suggested additional strategies to address the safety concerns shared by the public.

Councilmember Nolte expressed support for the ordinance, and asked questions about the fine collection process. Assistant City Manager Mark Gluba answered Councilmember Nolte’s questions.

Mayor Sandoval discussed the complexity of the topic, expressed su pport for the item and gave closing comments.

MOTION BY VICE MAYOR GARCIA , SECOND BY COUNCILMEMBER TORRES, CARRIED 7-0, to adopt Urgency Ordinance No. 4351.

MOTION BY VICE MAYOR GARACIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7 -0, to introduce, waive further, and give first reading to Ordinance No. 4349; and adopt Resolution No. 2024-155 and Resolution No. 2024-183.

12. Adoption of Urgency Ordinance No. 4 352 and Introduction and First Reading of Ordinance No. 4350 Amending Pomona City Code Chapter 46 (Streets Sidewalks And Other Public Places), Article IV (Encroachments) to add a New Division 4 (Sidewalk, Walkway, Off-Street Parking And Street/Roadway Obstructions)

It is recommended that the City Council take the following actions:

Introduce, waive further reading, and adopt the following:

1. URGENCY ORDINANCE NO. 4352 - AN URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PURS UANT TO SECTION 510 OF THE CITY CHARTER, AMENDING POMONA CITY CODE CHAPTER 46 (STREETS SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE IV (ENCROACHMENTS) TO ADD A NEW DIVISION 4 (SIDEWALK,

WALKWAY, OFF -STREET PARKING AND STREET/ROADWAY

OBSTRUCTIONS)
City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 13

2. ORDINANCE NO. 4350 - AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING POMONA CITY CODE
CHAPTER 46 (STREETS SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE IV (ENCROACHMENTS) TO ADD A NEW DIVISION 4 (SIDEWALK,

WALKWAY, OFF -STREET PAR KING AND STREET/ROADWAY
OBSTRUCTIONS); AND

Adopt the following resolution:

3. RESOLUTION NO. 2024 -184 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 OPERATING BUDGET BY APPROPRIATING $200,000 FROM THE

GENERAL FUND RESERVES TO COVER OVERTIME EXPENSES FOR THE

ENFORCEMENT OF SIDEWALK OBSTRUCTIONS

*Please see attachment for emails submitted regarding this item.

Development Services Director Betty Donavanik gave the staff presentation.

The following public speakers expressed opposition to the item:

Natalia Saca
Anisa Lopez-Ruiz
Kai Chen
Evelia Rocha
Maria Garcia
James Sanbrano
Yesenia Miranda Meza

The following public speakers expressed support for the item:

Nef Cortez
Guillermo Gonzalez
Carol Anten
Francisco Jauregui

Public Speaker Heidi Ortega expressed support for the item and asked questions regarding the downtown area specifics of the ordinances.

Public Speaker M. Joyce Bakersmith asked various questions about the specifics of the ordinances.

Public Speaker Ellie O’Bosky asked questions and expressed concerns about the item.

Public Speaker Elinor Crescenzi expressed concerns and criticisms about the ordinances.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 14

Public Speaker Jacob Hall submitted a speaker card for this item but was not present to speak when called.

City Attorney Carvalho commented on the differences between the proposed urgency and non-urgency ordinances, and answered some questions raised by public speakers.

DSD Director Donavanik provided some commentary to address some concerns raised by public speakers.

Vice Mayor Garcia commented on the public safety threats the ordinances aim to address.

Councilwoman Ontiveros -Cole commented on the safety issues she has witnessed, and expressed support for the item.

Councilmember Lustro commented on the safety issues and expressed support for the item.

Councilmember Nolte expressed concerns and asked que stions about the urgency ordinance. DSD Director Donavanik and City Attorney Carvalho answered Councilmember Nolte’s questions. Councilmember Nolte expressed opposition to the item.

Mayor Sandoval stressed the importance of addressing safety hazards presented when the right of way on sidewalks is blocked and asked the City Attorney to speak on the enforcement actions these ordinances would create. The City Attorney went over the actions City staff would be able to take should the ordinances be adopted. Ma yor Sandoval requested the motion include staff give City Council notice when staff would need to issue a misdemeanor or infraction.

City Manager advised that could be done however at times on the sport infractions may need to be issued and in those instances, prior notice would be available to City Council.

MOTION BY COUNCILMEMBER ONTIVEROS -COLE, SECOND BY VICE MAYOR GARCIA, CARRIED 6-1 (COUNCILMEMBER NOLTE OPPOSED) , to adopt Urgency Ordinance No. 4352 with the deletion of sub-section 13.

MOTION BY VICE MAYOR GARCIA, SECOND BY COUNCILMEMBER LUSTRO, CARRIED 6 -1 (COUNCILMEMBER NOLTE OPPOSED), to introduce, waive further , and give first reading to Ordinance No. 4350; and adopt Resolution No. 2024-184.

PUBLIC HEARINGS

13. Consideration of A Historic Landmark Designation (SHISTORIC 000606 -2024) for the Property Located at 290 Heritage Court and Introduction and First Reading of an Ordinance Amending the Historic Overlay of the Zoning Map

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 15

It is recommended that the City Council take the following actions:

1) Conduct public hearing and receive public testimony;

2) Adopt the following resolution:

RESOLUTION NO. 2024 -176 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF POMONA, CALIFORNIA, APPROVING A SINGLE HISTORIC LANDMARK DESIGNATION REQUEST (SHISTORIC 000606 -2024) TO DESIGNATE A RESIDENTIAL PROPERTY LOCATED AT 290 HERITAGE COURT

3) Introduce, waive further and give first reading to the following ordinance:

ORDINANCE NO. 4348 - AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF POMONA, CALIFORNIA, AMENDING THE ZONING MAP, HISTORIC

OVERLAY (H -OVERLAY) TO INCLUDE A LOCALLY DESIGNATED
LANDMARK AT 290 HERITAGE COURT

Mayor Sandoval opened the public hearing.

Public Speaker Mike Suarez spoke in support of the item.

Mayor Sandoval closed the public hearing.

MOTION BY VICE MAYOR GARCIA , SECOND BY COUNCIL MEMBER ONTIVEROS - COLE, CARRIED 7-0 to adopt Resolution No. 2024-176; and introduce, waive further, and give first reading to Ordinance No. 4348.

14. A request to designate 366 East Columbia Avenue as a contributing resource to the Lincoln Park Historic District

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024 -175 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING FILE NO. HDD -001196-2024, DESIGNATING THE GUY THOMPSON HOUSE, LOCATED AT 366 EAST

COLUMBIA AVENUE, AS A CONTRIBUTING RESOURCE TO THE LINCOLN

PARK HISTORIC DISTRICT

Mayor Sandoval opened the public hearing, and with no public speakers present, closed the public hearing.

MOTION BY VICE MAYOR GARCIA , SECOND BY COUNCILMEMBER LUSTRO, CARRIED 7-0 to adopt Resolution No. 2024-175.

City Council / Housing Authority / Meeting Minutes October 21, 2024 Successor Agency to the
Redevelopment Agency
City of Pomona Page 16

ADJOURNMENT

The City Council meeting adjourned at 11:16 p.m. on October 21, 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

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