During the 2018 election cycle, the Pomona Police Officers Association PAC (PPOA) made campaign contributions to three Pomona City Council candidates for around $9,000 each - Victor Preciado, Steve Lustro, Christina Carrizosa. Preciado and Lustro won their election that year and are currently sitting members of Pomona’s City Council today.
In recent days, it has come to the attention of the Pomonan editorial Board that these campaign contributions were not properly reported.
In the fall of 2018, the PPOA paid more than $41 thousand to the Freedman Public Affairs for mailers to support the campaign of Victor Preciado, Steve Lustro, who won their election, and Christina Carrizosa, who lost hers.
According to CalAccess, District 2 council member Victor Preciado received a total of $9,689.12, and District 5 council member Steve Lustro received $9.396.56 from the PPOA through contributions and late independent expenditures.
Before assuming office on Dec. 3, 2018, both officials filed a California Form 700, also known as Statement of Economic Interests form, but neither reported the amount received from the PPOA. The form is meant to prevent decisions made by public officials from being influenced by their personal financial interests.
Pomona Ordinance No. 4298 states any person holding a position in Government Code Section 87200 needs to file any required Statement of Economic Interests report online or electronically with the City Clerk.
The PPOA made 83 donations to Preciado’s campaign and 72 donations to Lustro’s campaign of different totals ranging from $72.54, $27.67, $26.86, $1,436.07 and $678.59 from Sept. 2018 through Nov. 2018.
On his 700 form, Preciado reported his salary working with the Kellogg Company and from the San Gabriel Valley Conservation Corps as in the range from $1,001 to $10,000, but did not report the amount donated to his campaign by the PPOA.
Lustro did not report any of the donations from the PPOA or any other salary that might influence his decision making. See both Form-700
Under the Pomona City Code, Article II, Sec. 10-34, it stated that a candidate shall not solicit or accept any contribution which will cause the total amount contributed by such person with respect to a single election in support of or opposition to a candidate that exceeds $500.00.
However, Section 10-36 of the same code states that all contributions, including campaign contributions, exceeding $25 needs to be reported.
During the same election, the PPOA also made 72 donations that equated to $9,449.49 to the campaign of Council member Christina Carrizosa of District. Carrizosa was currently on the Council at the time, but lost her position to current Pomona City Council member, Nora Garcia.
The Police Oversight Starts Today (POST), a coalition of Pomona and area residents, filed a complaint with the Fair Political Practices Commission in Aug. 2021 claiming the PPOA caused a conflict of interest when it donated sums of money to certain council members and not equally to every potential candidate.
Council member Preciado, recently contacted, said he wasn’t aware of the money. He also stated that, the form does not need to have that kind of payment on it:
“While [the PPOA] have to state who they are using it for, they actually can’t legally coordinate or talk to the candidate about it. In this example I wasn’t aware of this expenditure or what they used it for.”
To date, Pomona city council member Lustro has not responded to this reporter’s request for comment.
Pomona Renews Contract with DPOA for Supplemental Police for the Business Improvement District
Pomona PD frisking an unhoused individual at Veterans Park ©2001 Julian Lucas
City of Pomona Circa 1950’s
Illustration Julian Lucas
The city of Pomona approved to renew its contract with the Downtown Pomona Owners Association (DPOA) for supplemental police patrolling for the downtown Pomona Business Improvement District (BID) during the June 3 council meeting.
According to the Los Angeles City Clerk, a BID is a “geographically defined area within the city in which services, activity and programs are paid for through a special assessment which is charged to all members within the district…”
The agreement will provide two police officers to continue patrolling the downtown Pomona BID on top of the private security the DPOA allocates money for. The DPOA will pay $187,288 of the police salary, while the city will pay $337,752, bringing up the total of the contract to $525,040.
The city’s budget for the new fiscal year was adjusted to accommodate for the renewal of the contract with the DPOA. A total of $10.9k was added to the budget.
Tim Sandoval, mayor of Pomona, emphasizes that the renewal wasn’t motivated by anyone on the council, but rather, the city is answering what businesses within the downtown Pomona BID have been calling for.
“It was really driven by the business owners themselves who have experienced a number of different break-ins, burglaries, broken windows,” Sandoval said. “It's been a challenge for some of them.”
The DPOA revenue consists of a tax that every business within the district pays to help promote the area, keep it clean and provide private security.
The city of Pomona created the Downtown Pomona Unit (DPU) with the DPOA back on June 22, 2022 to help the private security it hired patrol and secure the district. Between the years of 2021-2022, the DPOA spent $306,373 on security for the BID. The city recommended it allocate 49.8% of the city’s budget for the Pomona Police Department for the new fiscal year.
A volunteer of the non-profit bookstore located within the BID, Cafe Con Libros, Ralph Acosta, has seen multiple incidents where help was needed to ease the tension. Acosta describes a moment where he saw unhoused people harassing children from the local school as they were crossing the train track. However, he doesn’t think the continuing policing of the downtown area will solve the problems it faces. “I’m in pro-support of [the] community in different layers,” Acosta said. “But to me, it surpasses more than just the layer of policing. Policing itself is one layer and I don’t see that solving the problem.
Mike Ellis, the chief of police, mentioned the new money isn’t paying for training on how to deal with people going through a crisis. “We just recently trained everyone on de-escalating techniques which can include someone that’s being violent or potentially in a mental health crisis,” Ellis said. “So we have ongoing programs for these types of training that the officers [from] downtown will also participate in.”
The contract renewal comes with the option of extending it past the 2024 fiscal year and into the year 2025.
EDITORS NOTES
Over the past thirty years, business improvement districts, (BIDs), have been incredibly popular across the nation. On the other hand, not much is actually understood about how they affect communities. Anecdotal and scientific data supporting strongly held beliefs about BIDs is scant. Some claim that BIDs are a creative means for businesses and communities to unite in response to decline in public funding or known as disinvestment which caused abandonment. Some also claim they provide “safety, cleanliness and habitable for residents, and vendors”. While others attest that BIDs are a sham that uproot underprivileged people, criminalize the unwanted, and alter local culture.
”BIDs are geographically bounded areas where local property owners can assess themselves or their tenants a fee to solve problems that are negatively impacting the local business environment.”
BIDS redesign large areas of public realm in our cities [and] become a powerful voice shaping land use, zoning, transportation, and urban redevelopment planning. BIDS are incorporated as non profit organizations, which people may think being a non profit is doing good work for the board. However, we have to ask who sits on the boards of these organizations? Schaller, Sussana, Business Improvement Districts and The Contradictions of Placemaking; Georgia Press
The majority of BIDs board members are property owners. Moreover, BIDs are a taxing body that assesses properties within the BIDs boundaries. Originally used in assessing commercial properties, residential properties are being assessed more frequently in the present day. Despite the policy language's emphasis on supporting small companies and maintaining a clean and safe environment, the properties are ultimately the subject of the assessment. The assessments are then transferred to small businesses through their leases, which presents a contradiction. Small businesses are currently covering the cost of their lease and the assessment, which raises the value of the property.
On the weekend of March 26, 2024 there were multiple businesses in the downtown arts colony area that were vandalized resulting in store windows being shattered causing thousands of dollars in repair. The BID didn’t prevent this unfortunate crime from happening. In fact vandalism has happened on multiple occasions in the downtown area. So we have to ask the question, do BIDs really provide safety, is the area really secure with having two police officers present? Are the two officers only present during art walks? Why do we need police for art events?
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Community Group Set to Issue Cease and Desist Letter to Pomona City Council Regarding Pomona Police Department's Unlawful Targeted Actions
POMONA – Gente Organizada, a community-led non-profit, will deliver a cease and desist letter at the Pomona City Council meeting on April 8, 2024, represented by attorney James Gutierrez. The letter addresses concerns regarding the Pomona Police Department’s (PPD) continued violent targeting of Black and Brown communities and its violation of state and local laws.
The letter highlights several instances where the PPD's actions contradict its stated values of compassion and transparency, eroding public trust in local government and law enforcement. Specific incidents cited include the officer-involved shooting in the Angela Chanslor neighborhood on February 3, 2022, where the officer violated department policy by not having his camera on, and the murder of Andres Avila in 2011.
“The Pomona Police Department’s actions are in direct violation of Policy #424 and California Assembly Bill 748,” said James Gutierrez, attorney for Gente Organizada. “They’ve been able to violate these local and state laws with impunity because there’s no checks and balances.”
Furthermore, the letter outlines a concerning pattern of the PPD's history of targeting young community members, particularly Black and Brown youth. The lack of transparency and accountability within the PPD, as well as its collaboration with police special interest organizations, are also highlighted as major areas of concern.
Gente Organizada calls on the Pomona City Council and City Manager to demand transparency from the PPD, address patterns of use of force, and launch immediate investigations into the incidents outlined in the letter. Failure to do so may result in legal action against the City Council.
Next week, Gente Organizada will present this letter on April 8, 2024 at 6:30 pm in front of Pomona City Hall before the City Council meeting.
See Cease and Desist Letter
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Pomona’s City Council Approves Ceasefire Resolution in Israel/Palestine
Photography courtesy of Julian Lucas
Mount San Antonio College Protest Fall ©2023
Published Thursday 1/25/2024 | 1:05pm PST
The City Council of the City of Pomona hereby supports Congressional Resolution H.R. 786, and joins other cities in calling on Congress and the Biden administration to demand: an immediate ceasefire; an immediate release of all hostages Hamas took on October 7, 2023; urgent safe passage and delivery of substantial and sufficient humanitarian aid to Gaza; and a lasting political resolution that protects the lives, health, and security of all innocent civilians.”
On Monday, the City Council of Pomona voted to approve a resolution calling for a ceasefire in Israel/Palestine in response to a broad coalition of advocates who had begun lobbying the Council at Council meetings starting in mid-December. During this time, advocates for ceasefire had also submitted a petition with over 300 signatures to the City asking for a resolution calling for a ceasefire.
Forty people spoke in favor of the resolution and one spoke against.
Those who spoke in favor included young and old (including one 7 year-old), Arab-Americans, White, Latinx and Black. They identified as Muslim, Jewish, Christian. Some identified themselves as Palestinian, with relatives in either Gaza, the West Bank or both. One man identified as a son of an Israeli national, and a local professor emeritus declared he was the descendant of Holocaust survivors and was aligned with Jewish Voice for Peace. The speakers included professors, teachers, medical doctors, lawyers, mothers and fathers, students, a City Council candidate and the undocumented. Many were associated with Cal Poly Pomona as former alumni or in other capacities. One Latinx speaker spoke about the importance of “brown and brown unity.” Some noted their frustration at sending so much money to bomb Gaza when the need is so great right here in the City. Many spoke about the need to address both Islamophobia and anti-semitism.
A few of the speakers requested that the City contact Congresswoman Norma Torres urging her to also ask for ceasefire on a national level.
The sole speaker who opposed the resolution identified himself as Jewish and stated that the act of singling out Israel/Palestine was anti-semitic since the City had not addressed other wars and conflicts in Northern Africa, the Middle East and Ukraine.
While the vast majority of speakers voiced their gratitude to the City for putting the resolution on the agenda, many stated that the resolution did not go far enough. In response to these public comments, Mayor Sandoval and other Council members asked staff to redraft on the spot. Acting City Manager Anita Guiterrez quickly edited and amended parts of the resolution to satisfy the Council.
The description “many thousands of innocent civilian Israeli and Palestinian lives” was changed to the more specific “over 30,000 innocent Palestinians.” The new draft also noted that 85% of Gaza infrastructure had been damaged, that 1.9 million people had been displaced, and that the toll should be referred to as “collective punishment" by Israel. In addition, the redrafted resolution called for the need for humanitarian aid.
All of the Council members voted to adopt the resolution except for Council member Robert Torres, son of Congress member Norma Torres, who abstained, stating, “I will not be forced into a position.” He mentioned his irritation at comments directed at him on social media. Robert Torres is currently running for a higher office, California State Assembly member for District 53.
In approving this resolution, Pomona joins the cities of San Francisco, Oakland, Richmond, Cudahy and Long Beach in asking for ceasefire.
During the discussion of the resolution, Council member John Nolte, expressed the regret felt by many in the room. “It’s hard to be here and not be able to do a lot,” Nolte said. “We’re doing what we can.”
Julian Lucas is a traditional darkroom photographer, a purveyor of books, and writer, but mostly a photographer. But don’t ever ask him to take photos of weddings, quinceñeras, birthdays. He’ll charge you 100,000,000. Julian is also the owner and founder of Mirrored Society Book Shop, BOOK-STORE, and publisher of The Pomonan.
Pamela Casey Nagler, Pomona-born, is an independent scholar, currently conducting research on California’s indigenous people, focusing on the Spanish, Russian, Mexican and US invasions between 1769 and the 1860s. The point of studying this history is to tell us how we got here from there.
Pomona Unified School District Teachers Want Better Pay and Benefits
Photography ©Julian Lucas 2024
Published January 18, 2024 3:15pm PST
On Wednesday, January 18th, hundreds of Pomona Unified School District (PUSD) teachers rallied in front of the District offices, for a variety of reasons, but the number one reason was low pay. At this time. PUSD’s teacher union, Associated Pomona Teachers (APT), is asking for a 12% raise, but so far, the District has simply returned with a low-ball counter-offer of 5%.
Associated Pomona Teachers (APT), states that the low pay makes it difficult for the District to retain teachers, and that this often causes positions to go unfilled. They maintain that too often students end up in classes conducted by a series of multiple long term substitutes. In particular, PUSD is having a difficult time filling its Special Education positions.
The APTbargaining team states that the District is more than able to pay this salary increase due to the fact that the District is carrying $140 million over from the previous year, as it has for many previous years. APT asserts that holding this much money in reserve deprives students of services that they deserve.
Actions like this are taking place in California’s 1000 public school districts across the state. Teachers’ pay, low to begin with, has not kept pace with the high cost of living, inflation and increased demands of the job. That said, Pomona teachers, in particular, suffer from low pay. A quick comparison of teacher salaries in other districts exposes the fact that Pomona teachers are coming up short.
A Claremont Unified School District teacher who had been teaching for ten years with an MA degree now earns $96,557. A Chaffey Unified School District teacher who has been teaching for ten years with an MA degree now earns $111,706.
Last year, a Pomona Unified School District teacher who taught for ten years with an MA degree earned $88,922. Pomona USD teachers have been asking for a significant pay raise for some time now. This time round will they receive the kind of raise that would put them on even ground with other teachers in neighboring districts?
Julian Lucas is a traditional darkroom photographer, a purveyor of books, and writer, but mostly a photographer. But don’t ever ask him to take photos of weddings, quinceñeras, birthdays. He’ll charge you 100,000,000
Julian is also the owner and founder of Mirrored Society Book Shop, BOOK-STORE, and publisher of The Pomonan.
Anita D. Gutierrez Takes on New Role as Acting City Manager for the City of Pomona
The Pomonan
Published 12/12/2023 | 3:10 Pm PST
POMONA, CA – The City of Pomona is pleased to announce the appointment of Anita Gutierrez as the Acting City Manager, effective immediately. Gutierrez has spent over 20 years in public service and has been an instrumental part of the City’s leadership team for the last five years. She brings a wealth of experience and a strong commitment to enhancing the community’s quality of life.
Anita Gutierrez has been an exemplary public servant, demonstrating unwavering dedication to the City of Pomona since 2018. Her journey with the City began as the Planning Manager and then Director of Development Services, where she successfully directed and oversaw various Divisions, including Building and Safety, Planning, and Code Enforcement. In this role, Anita managed pivotal Commissions, including Planning, Cultural Arts, and Historic Preservation.
In her latest role as Assistant City Manager, Anita exhibited exceptional leadership, overseeing her Development Services and Public Works Departments with utmost competence and commitment With over two decades of experience in the local, state, and federal government sectors, Anita has an impressive track record of leading teams and communities in transformative work, development, and growth. Her expertise extends across numerous areas within Los Angeles County and the Inland Empire, addressing complex planning, real estate development, land use, regulatory challenges, policy development, and implementation.
Exemplifying Pomona’s core values, Anita’s leadership style is defined by collaboration, inclusivity, innovation, and resourcefulness. She is recognized for her ability to facilitate cooperation among stakeholders with diverse interests, including neighborhood representatives, the development community, and other agency partners. Anita’s dedication to refining Pomona’s development review process, elevating internal review systems, and enhancing external customer service has solidified her reputation for attentive listening, fairness, practicality, and a keen ability to find effective solutions.
Anita holds a Bachelor’s Degree in Political Science from California State University, San Bernardino, and a Master’s in Planning from the University of Southern California (USC). She will complete a Doctorate in Organizational Change and Leadership from USC in May 2024. She is a member of the American Institute of Certified Planners and an active member in the League of California Cities. She is deeply rooted in Southern California, where she has dedicated her career to serving the public and helping the community collectively shape their living environment.
The City of Pomona is confident that Anita’s extensive experience and unwavering commitment to the community will be invaluable as she assumes the role of Acting City Manager. Her leadership and dedication to enhancing the City’s prosperity and well-being are commendable, and we look forward to the positive impact she will continue to make in her new role. “We are fortunate to have Anita stepping in to lead our City team. Her leadership is a pillar of stability for the City. With an unwavering commitment to communication, thoughtful decision-making, and the overall well-being of our City organization and community, we are confident that the City is now under the guidance of an exceptionally capable leader,” said Mayor Tim Sandoval.
“I am deeply passionate about public service, and I am grateful for the opportunity to demonstrate my leadership abilities in service to our city,” Gutierrez said. “The Pomona team is like no other, and I am thankful to be a part of this exceptionally dynamic and dedicated organization.
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Pomona City Council and the City Manager Agree to a Mutually Acceptable Employment Separation
The Pomonan
Published 12/12/2023 | 3:10 Pm PST
POMONA, CA – The Pomona City Council and City Manager have agreed to a mutually acceptable employment separation for City Manager James Makshanoff effective December 11, 2023.
Mr. Makshanoff was appointed on January 21, 2020. Among his achievements, Mr. Makshanoff led the City of Pomona through the Covid pandemic, produced a balanced budget 4 years in a row, increased budget reserves from 19% to 43%, consolidated waste hauling services to a state-of-the- art waste hauler and produced a state approved housing element.
The City Council thanks Mr. Makshanoff for his dedicated service and his numerous accomplishments that benefited Pomona’s residents, businesses and employees. "On behalf of the entire Council, I want to express our appreciation for Mr. Makshanoff’s dedicated service to our community. Mr. Makshanoff organized an exceptional group of hard working department executives, making it possible for us to have a smooth transition”, said Mayor Tim Sandoval. “It has been a privilege to serve such an outstanding community. I am grateful to the city council, the executive staff, employees, and residents who have given their time and energy to improve the City of Pomona”, said James Makshanoff.
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Who is Running for Public Office in the City of Pomona, So Far?
The Pomonan
Published 11/22/2023 | 7:25 Am PST
Slowly but surely, the start of the race for public office is drawing near as 2023 draws to a close. We thought it would be vital for the public to know important information, so we shared the names of the candidates we were inquisitive about who was now running for city government.
There are six districts that comprise Pomona’s city council’s governing body. For the 2024 election year, districts one, four and six, including a mayoral seat is up for reelections. The names of those who have "pulled papers" to run for city council are listed below.
Mayor
Tim Sandoval
Barton Culbertson
Veronica Cabrera
District 1
John Nolte
Eugenio Diaz
Luis Cano
John Mendoza
District 4
Elizabeth Ontiveros-Cole
Guillermo Gonzalez
Chara Swodeck
District 6
Lorraine Canales
Miranda Sheffield
Glenda Barillas
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Pomona Youth Successfully Organize 12,700 Valid Signatures to Qualify the Pomona Kids First Ballot Initiative
The Pomonan
Published November 16, 2023 | 7:31am PST
POMONA, CA -- On November 20, 2023 at 12:00pm, youth organizers from the Pomona Kids First campaign will submit 12,700 valid signatures from Pomona voters to the Pomona city clerk to qualify the ballot initiative to appear on the November 2024 ballot.
To ensure Pomona’s youth and their families have the same opportunities to thrive and excel, the Pomona Kids First Initiative will amend the City of Pomona Charter to create the Pomona Fund for Children and Youth. This newly created Fund represents an exciting new opportunity to provide increased and dedicated funding for programs and services that address the needs of Pomona’s children, youth, and young adults. The initiative will also create the Department of Children and Youth that will administer the fund.
The Initiative seeks to secure a portion of the City of Pomona’s unrestricted general purpose revenues, to be transferred to the Fund beginning in January 2025. Revenue set aside for the Fund would begin at 2% and would increase to 5% the following year, then incrementally increase over a period of six years. In Fiscal Year 2030-2031 and each subsequent year after that, 10% of the City’s revenue would be set aside for the Fund.
To ensure that resources are available to those young people in Pomona that need it most, the Fund will prioritize funding for three groups: children birth to age 12; youth ages 13 to 17; and disconnected and/or transitional-aged youth ages 18 to 24 who are most impacted by harm, inequity and lack of access to support and services. If passed by voters, Pomona families will be able to enjoy an increase in the following services starting in 2025: childcare, after-school programs, housing support, mental health support, arts and technology programs, domestic violence prevention, and more.
Youth, Parents, Educators, and other Community Leaders will be hosting a brief celebration as signatures are submitted.
WHEN: Monday, November 20, 2023 at 12pm
WHERE: Pomona City Hall, 505 S. Garey Ave, Pomona, CA 91766
For more information, download both Pomona Kids First Fact Sheet and Full Ordinance.
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Investigative: California Banned Private Prisons, but Not Really
Photography Julian Lucas ©2023
By Julian Lucas
Published October 3, 2023 | 9:03am PST
Californians believed they were getting out of the private prison business on January 1, 2020 when A.B. 32 became a law. A.B. 32 prohibits California's Department of Corrections and Rehabilitation from signing or renewing a contract with a private prison company after that date.
However, that is not the case. The state continues to invest heavily in supporting for-profit correctional services. AB32 included exemptions which allowed private prisons to focus on other profitable "community corrections" programs, such as day reporting centers, counseling facilities, halfway houses, rehabilitation centers, medical offices, and mental health facilities. Currently, these exemptions are worth around $200 million a year. Included are locations that mimic detention facilities and are run by organizations that also run private prisons in California.
In 1865, at the end of the Civil War, the U.S. Senate passed the 13th amendment. Under its terms, slavery was not abolished, but merely reformed. Anybody convicted of a crime after 1865 could be leased out by the state to private corporations who would extract their labor for little or no pay. According to the Harvard International Review, in certain instances, this created even worse conditions than those that had existed during the days of slavery because private corporations were under no obligation to care for their forced laborers – they provided no healthcare, nutritious food or clothing to the individuals they were exploiting.
This brings us to the issue of present-day private prisons. They have been in existence for the last 39 years. Reagan ushered in the privatization of prisons with his ’War on Drugs’ in 1984. Because this “war” included harsher sentencing incorporating mandatory minimum sentences, it fueled the rapid and sudden rise in prison populations. This expansion placed a burden on the state - its prisons became overcrowded. In answer to this problem, for-profit private prisons sprang up in many states across the U.S.
Between 1980 and 2013, the total number of federal inmates increased by 800 percent, according to the Bureau of Prisons. This increase far exceeded the existing prisons’ capacity, and privately-run correctional institutions stepped in to house and absorb the overflow of convicted persons. Even with this expansion, in 2013, both federal and private prisons were seriously overpopulated and the privately-run prisons held about 30,000 ‘excess’ inmates.
The Federal Bureau of Prisons said then that approximately 195,000 people were incarcerated in the Bureau's or private-contract facilities. Today, there are nearly 152,000 people incarcerated federally, with 14,000 housed at privately-managed facilities, according to the Associated Press.
In 2019, private prisons in the United States imprisoned 115,428 individuals, accounting for 8% of the total state and federal prison population. The number of individuals held in private prisons has grown by 32% in the last 21 years, compared to a 3% growth in the general jail population.
At the beginning of this year, President Joe Biden signed an Executive Order that will begin to phase out the Department of Justice’s use of private prisons.
This Executive Order mirrored efforts to disband private prisons in the Obama era, but Obama’s policy was canceled by the Trump administration in 2017. Biden’s Executive Order goes further than Obama’s by applying the Executive Order to the U.S. Marshall Service as well.
Which brings us to a couple of private corporations, with innocuous names that are in the business of private prisons - the GEO Group and CoreCivic. The GEO Group, a Florida-based company that owns, leases, and operates prisons, immigration detention centers, and residential reentry centers in the U.S., Australia, and South Africa. In 1988, Geo Group was established as a Wackenhut subsidiary. Through an initial public offering, the company became public in July 1994. WCC management raised money in 2003 to repurchase all of G4S's common stock, and in 2004 the business changed its name to The GEO Group, Inc.In 1997, Geo Group opened Taft Correctional Institution, its first privately operated prison, located in Kern County. The 2048 bed facility closed in April of 2020.
CoreCivic, like GEO Group operates reentry centers as they define them as transitional centers. There they state “transitional centers help justice-involved individuals ease into their new life after incarceration, and provide non-residential options like electronic monitoring” They also operate detention facilities which are used to hold immigrants. There are five such facilities in California with a reentry center located in Long Beach, and two detention centers in San Diego and two other correctional facilities in central and northern California.
According to Zippia, GEO Group’s peak revenue was approximately $2.5 billion in 2019, and in 2021 the GEO Group annual revenue was $2.3 billion -3.98% growth from 2020. The GEO Group annual revenue for 2022 was 2.4 billion, a 5.32% growth from 2021.
As a result of Biden’s Executive Order, private prisons, includeing both GEO Group and CoreCivic, have experienced serious drops in investors. When the President announced his intention, stocks for both companies fell dramatically. While Geo Groups fell 55% in 2021, CoreCivic fell 61% during the same time period.
Time will tell what will happen.
Since their inception, private prisons have posed a constitutional problem for the U.S. Since both the U.S. and state governments are responsible for incarceration, benefiting from mass incarceration is prohibited by the United States Constitution. The government is the only entity that has the authority to contract with private prisons and this has resulted in a very serious lobbying effort on the part of the private prison corporations. These corporations spend millions of dollars on both lobbyists and political candidates promoting their industry and advocating for harsh sentencing policies. They oppose any and all criminal justice reforms, including legislation that would subject prison corporations to public information laws, because it would compromise their ability to make money.
How does this relate to the City of Pomona?
The GEO Group, operates a Day Reporting Center in Pomona. It opened in 2013. In 2020, I reached out to Monica Hook, GEO’s Vice President of Communication, asking a series of questions regarding GEO’s existence in Pomona, its funding and corporate structure, its partnerships with local agencies, and the reason why there is no visible company signage on the exterior. My questions also included if there was any community awareness - I wondered why the city of Pomona was selected as a site. I asked if Geo Group Administrators were aware of a specific area in Pomona that is known for high amounts of crime, including prostitution - an area often referred to as “The Blade.'' And I asked if local law enforcement is aware that the GEO Group exists and if they have ever been called to the facility. VP Hook declined to answer the majority of my questions. She basically only answered when GEO set up in existence in the city. She did provide me with a very generalized description of the reentry program which can also be found on GEO Group’s Website:
“The Pomona Day Reporting Center (DRC) opened in 2013 in partnership with the California Department of Corrections and Rehabilitation (CDCR). CDCR Parole Agents assign moderate to high-risk parolees to the DRC for evidence-based programming and services to assist them with long-term behavior change. Our programs are located in communities where they are most needed and offer a cognitive behavioral change curriculum focused on meeting each participant's risks and needs.
“Through the assessment-based program, participants learn the life skills and coping mechanisms needed to successfully reintegrate into their communities and reduce the likelihood of returning to the criminal justice system. The center offers extensive reentry services designed to provide each participant with the necessary tools to establish a positive lifestyle, take responsibility, and become self-sufficient. At the Pomona DRC, community connections play an important role in helping participants search for jobs or identify community support for a productive reentry. Programming includes substance abuse treatment, anger management, parenting skills, and additional services to promote a pro-social lifestyle in a safe and secure environment.”
After making contact with the city of Pomona, city staff confirmed that Geo Group opened in 2013 in the city of Pomona at 1295 E. Holt Ave. The City claims there are no partnerships with GEO Group, the city of Pomona has also said they have “no agreements with GEO Group” when questioned about any partnerships. When visiting the facility and questioned why there wasn’t visible signage, the worker stated, “We try to keep a low profile and fly under the radar.”
Julian Lucas is a photographer, a purveyor of books, writer in training, and a lecturer, but mostly a photographer.
ACLU: Gente Organizada A Community Organization Sues Pomona for Denying Right to Free Speech Protest of Police Killings
The City of Pomona is enforcing an unconstitutional sign ordinance against public art.
The Pomonan News
Photography Courtesy Julian Lucas ©2022
By The ACLU
Published August 24, 2023 4:13 PM PST
LOS ANGELES – Gente Organizada, a community-led non-profit, displays on its public-facing exterior walls pieces of art that say “end institutional violence” and “defund Pomona police.”
The City of Pomona, in a violation of the group's First Amendment right to free speech, has inappropriately cited and fined the organization under its zoning ordinance—an ordinance that is also clearly unconstitutional.
This week, Gente Organizada, represented by the ACLU Foundation of Southern California and Sheppard Mullin Richter & Hampton LLP, sued Pomona for its clear and gross violation of the group's right to free speech.
“The art and messaging they are trying to erase was a youth-led collaborative effort by Black, Indigenous, and Latinx organizers and artists,” said Jesús Sanchez, co-founder and economic justice director of Gente Organizada. “The City of Pomona is attempting to block our right to free speech, they have threatened our youth center, and have weaponized city code so we cannot exercise our right to artistic expression.”
Photography Julian Lucas ©2020
Contact Sheet Courtesy of Julian Lucas ©2020
Gente Organizada displays three pieces of art on its youth center that convey political messages: (1) an image of a group of individuals marching with a sign that reads “defund Pomona police”; (2) an image that displays a contact sheet of the film which included photographs of protests against biased policing; and (3) an image of some of the group's community partners alongside the message “end institutional violence.” The building also displays a painted sign that includes the group's name and its role as: “A home for: community organizing, youth & parent leadership, wellness, education & arts programs.”
“Free speech is the bedrock of our Constitution and includes the right to display public art that calls for the reallocation of city resources away from police departments,” said Alyssa Morones, legal fellow at the ACLU SoCal. “Pomona’s actions constitute an obvious violation of fundamental constitutional rights and the effect in this case is to silence members of the public who wish to communicate messages with which city officials disagree.”
The decision to cite and fine was erroneously upheld in an administrative hearing conducted by the city.
“We’re proud to work with the ACLU and Gente Organizada on this important case defending the Constitutional right to free speech and free expression,” said Andrea Feathers, associate at Sheppard Mullin Richter & Hampton LLP.
The suit challenges the city's sign ordinance in its entirety and asks that the court dismiss the citation against Gente Organizada and require the city to repay the group for unconstitutionally administered fines.
Read the complaint here
The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.
Abuse of Power, Lies and Videotape
It is well past time to call out the Pomona City Council for their egregious behavior during a City Council meeting nearly four months ago on February, 6, 2023.
By Julian Lucas
Published 06/06/2023 9:11 Am PST
Updated 06/06/2023
Last original paragraph retracted.
Pomona’s Mayor Tim Sandoval lost control of his meeting, and failed to stop his fellow Council Member, Robert S. Torres, son of Congresswoman Norma Torres and current candidate for the California State Assembly, from berating a member of the public from the dais.
The incident occurred during the beginning of the meeting on the agenda item listed vaguely as “ MAYOR / COUNCIL MEMBER COMMUNICATIONS. Reports on conferences, seminars, and regional meetings attended by Mayor and City Council and announcements of upcoming events, and also items for future City Council consideration as requested by Mayor or Members of the City Council.”
No one in the public could have known from reading the agenda that this was the time that the Council would address two recent events within the last couple of weeks that involved the murder of three teens in the area:
On Saturday night, January 28th, a 17-year-old Pomona boy and a man were killed in a shooting at a house party in Pomona.
A few nights later, on Thursday, February 2nd, a 15-year-old boy was killed in a shooting at Montclair Plaza. A second shooting victim was wounded. At least four people have been arrested as suspects in connection with the incident at Montclair Plaza shootings. The Montclair Police Department said detectives served search warrants in Pomona and arrested three suspects: two 20-year-old men and a 16-year-old boy.
Understandably, emotions ran high discussing these youth deaths and arrests in the recent weeks. Mayor Sandoval issued a call for “all community members to come together to bring forth change,” and Council Member Nora Garcia applauded several organizations in Pomona who have directed their efforts to helping teens - Gente Organizada among them. Even Council Member Torres, in the first part of his speech, spoke in favor of the organizations in the City who worked with teens and spoke of the need for the City Council to “engage the community” to do more to solve its problems.
However, after Torres announced that he had been instrumental in working with the City to secure a 4 million dollar federal grant for La Casita Teen Center at Palomares Park, he launched into what can only be characterized as a personal verbal attack on Jesus Sanchez, founder and former Executive Director of Gente Organizada, who now serves as the organization’s Economic Justice Director.
In the past, Sanchez has been an outspoken critic of public officials who have used violent incidents such as the aforementioned as an opportunity to expand police presence. He has maintained that it is the wrong approach to the problem - insisting that the best allocation of resources are those that address the root of the problem. In the past few years, Gente Organizada has published several reports that have pointed out the inequities of arrests and incarcerations in the city.
Sanchez had not yet spoken in this meeting, but Torres took exception to the fact that Sanchez shook his head at some of his comments.
Torres’ diatribe against Sanchez began by warning members of the public that “we have individuals here who I call divisive individuals, who represent themselves, and they don’t represent this community. And the bottom line is each one of the City Council members here have been elected to represent this community whether you like it or not, Sir.” Here, Torres began addressing Gente Organizada’s Jesus Sanchez directly, continuing: “And the sad part about it is this - we need more police presence - whether you like it or not. We need to hire more police on the street.”
Torres’ comment about expanding police presence elicited a quiet rumble of dissent from the audience.
Mayor Sandoval attempted to interrupt Torres, saying “Ro-, Ro-, Ro-,” but Torres continued: “the fact that you have a few officers patrolling the streets at one time is flat-out dangerous. And if you talk to the residents of Pomona . . . they want more investment in public safety. And . . . If you knock on that door, Jesus, (Here, Torres addresses Sanchez directly, while knocking 4 times on the dais) and you tell them to defund the police . . . they will throw you out.”
This is the part of the meeting when Sanchez, from the audience, directed an expletive at Torres. It is easy to pin culpability on the person who is yelling and swearing in the audience, but upon examination, Sanchez was provoked. It is not the job of public officials to incite the audience in the way that Torres did.
From that time on, it became a cacophony of voices. Other members of the audience and City staff members chimed in. At various junctures, Mayor Sandoval tried to address both Torres and Sanchez, by repeatedly calling them out by their first names. Sandoval also called out several times to Police Chief Ellis.
From the audience, Sanchez yelled that he was angry that Council Member Torres took the topic of the teen deaths only to turn it around and make it about him. Sanchez said, “that’s the message here tonight. All of you haven’t done shit. And the kids are fucking dying.”
The Mayor’s response was: “I want him removed,” and called for the Police Chief to do so.
Both staff and the Mayor called for a break, but even after the Mayor stood to leave the dais in order to walk toward the audience, and even while he was walking behind Council Member Torres and some of the other Council Members, Torres continued to taunt Sanchez: “Dude [he said to Jesus Sanchez] . . . Don’t be flipping people off. Don’t represent yourself like that. And, if you are the type of person who likes to dish it out, try to be the type of person that can take it.”
It’s been reported that after speaking with the Pomona Chief of Police Ellis, Jesus Sanchez removed himself from Council chambers.
When Gente Organizada’s Jesus Sanchez was escorted out, Mayor Sandoval told the remaining members of the organization that they should ‘keep him in check since he represents all of you”. When they replied that Council Member Torres represents the entire Pomona City Council and the Mayor should ‘keep his own Council Members in check, the Mayor disagreed and said that Council Member Torres “represents himself.” The double standard was definitely in play that night at the Council meeting.
On the original videotape, Torres’ last comment to Sanchez is audible, but shortly after, the videotape is muted for the next 7 minutes or so. During this time, the Mayor is seen on screen, speaking to several individuals including staff and security officers, at least one member in the audience, along with several other Council Members.
However, the official ‘scrubbed’ version of the videotape, does not include Torres’ last comments to Jesus, nor does it show the muted film footage of all that ensued during the break.
While there are no laws that require the City to show the full tape, it appears shady when the city’s original tape was specifically edited for public review. This raises the question of transparency. How can city council members including the mayor campaign and include transparency as a core value, but take time to edit something so minuscule as a city council meeting not being butterflies and unicorns as they often imply.
In addition, while it appears no laws were broken, a public meeting where the Mayor allows a member of the Council to single out, target and slander one member of the public reflects poorly on the entire City Council. It is the job of the Mayor to keep the individual members of the Council in check. At times during the meeting, the Mayor did try to interrupt Council Member Torres, but Torres disregarded him. This should be addressed. There is a risk here that this kind of action could become the norm, with any Council Member choosing to ignore the Chair. In this case chaos, rather than order, would rule.
The Mayor needs to reaffirm his role to the Council as Chair, and the Council needs to reaffirm that they are a body dedicated to representing and making decisions on behalf of the public - rather than attacking them.
The kind of behavior, exhibited on February 6th, could very well have had a chilling effect on public participation. No member of the public wants to feel like they could be potentially singled out and publicly ridiculed as a consequence for their attendance at a public meeting.
The appropriate remedy is for the Mayor to apologize to the public directly and schedule a meeting with the Council to discuss and adopt norms and protocols for public meetings. Currently, it does not appear that Pomona has anything on the books concerning such for its Council Members, other than referring to Robert’s Rules of Order. That said, there's an existing version of Robert's Rules recommended by League of California Cities called Rosenberg's Rules of Order, which states that:
While this particular rule applies to the conduct between Council Members, it would seem like this rule would apply to the conduct between Council Members and the public as well.
No meeting should begin with elected officials taking jabs at people. It needs to be made very clear that Council Members should only speak directly to members of the public if they are seeking clarification on issues that the members of the public addressed in their comments during the time allotted for public participation. It is not the job of an elected official to berate, argue or debate the public from the dais. The job of an elected official to take on the role of active listener - it is not always easy, but officials were elected to respond to the public's concerns.
It is important that the Council determine clear requirements for agenda items that include more specificity - preventing abuse of the topic in the future. It’s very hard for the Mayor to call out ‘point of order’ when the topic has not been defined.
Ordinarily, cities and school districts begin meetings with recognition of typically positive things that are happening in the district. This sets a positive tone for the meeting. No one should be surprised about the topic. This means that the agenda should be specific enough so that members of the public can decide beforehand whether they want to speak on a topic.
Once the Council passes a set of protocols or norms, these should be posted so that the public can hold the Council accountable. The City of Pomona, though a fairly large City, lacks a newspaper that consistently reports on its Council meetings. In lieu of this kind of reporting, it is particularly necessary that the Council have systems in place to hold themselves accountable to the public who elected them in the first place.
The bottom line is politicians should not be attempting to catapult their careers over the deaths of two Black kids.
The Pomonan delayed writing about this incident out of respect for the families, friends and loved ones of the victims, and offers sincere condolences to all who have been adversely-affected by these deaths.
Download transcript of the Pomona City Council Member Robert Torres’ speech here
Julian Lucas, is a photographer, a purveyor of books, and writer in training, but mostly a photographer, but don’t ever ask him to take photos of events. Julian is also the owner and founder of Mirrored Society Book Shop.
The Flawed Process
Who said what when.
A Timeline of Events - City of Pomona’s Call 4 Visual Art & the Advancement of Spectra Company’s Application to Install a Harriet Tubman Statue at Lincoln Park
By Julian Lucas
Published December 12, 2022 8:00 Am PST
Updated April 11, 2023 9:20 Am PST
Monday, December 12, 2022 the Cultural Arts Citizens Advisory Committee will meet at 4:30pm in Council Chambers to discuss agenda item, “Call 4 Visual Art Process Review Staff will facilitate a discussion at the Committee level on strategies to improve and update the Call for Visual Art process for the next round.” The public is invited to speak.
In anticipation of this discussion, The Pomonan is releasing a timeline of what happened with the application to install a Harriet Tubman statue in Lincoln Park in the last Call for Visual Art cycle, the involvement of public elected and appointed officials and the lack of opportunity for the public to engage.
March 15, 2022
The City of Pomona launched a Call 4 Visual Art application process soliciting applications from visual artists and non-profit organizations for proposed ideas for public art citywide in previously- approved locations. "This call is for artists of all ages living anywhere and any non-profit organization located anywhere interested in public art in Pomona." The City stated that non-profit organizations may be required to supply additional information, such as a copy of Form 990 with an operating budget, and so forth.
All applications were to be considered by the Cultural Arts Commission and its Citizens Advisory Committee. Applications were accepted between March 15 and 5PM, April 21, 2022.
March 24, 2022
Perhaps this was the first announcement of an unveiling of the Harriet Tubman statue on July 4 at a Pomona public park. On March 24th an article appears in the Inland Valley Daily Bulletin the city of Pomona Mayor Tim Sandoval called Spectra Company’s founder and President Ray Adamyk’s efforts and the statue an opportunity for youth to learn about Tubman’s impact.
“[Spectra Company’s CEO Ray]Adamyk also hopes to raise money for the church through Unity Day LA on July 4 . The 1.5-mile walk will start at Lincoln Park before ending at the Fairplex. A Tubman statue is expected to be unveiled at a city park to coincide with the event . . .
Spectra Company is a for profit corporation, not a non-profit.
Sandoval said, “It's important to ‘have a statue of a person that represents what it was like to go through and endure slavery and not just endure but to fight back,’ Sandoval said by phone last week.” Daily Bulletin
April 21, 2022
Deadline for City of Pomona Visual Art Applications.
A few days prior to April 23, 2022 Mayor Tim Sandoval, Lincoln Park posted on the Nextdoor app with his personal, not official account:
“Please join me this Saturday, April 23, at 10 am at Lincoln Park to discuss the following items: city finances, Garey and Holt Avenue Rehabilitation projects, and a proposed statue at Lincoln Park. I will provide pastries and coffee. If you have any questions, please don’t hesitate to call me at 909 762 - 1982. Thanks!”
There were 61 responses on NextDoor to Sandoval’s personal post. This raises questions about using social media as a site to conduct private serial meetings beyond the purview of the public. It also raises questions about conducting private meetings to build consensus between more than three members of any governing body without public input.
Historic Preservation Commissioner Ann Tomkins, appointed by Mayor Sandoval responded on Sandoval’s Nextdoor post just after Sandoval’s Lincoln Park meet-and-greet: “Most of the discussion was about a proposed Harriet Tubman statue for Lincoln Park . . . The city is in the process of reviewing applications for art projects in many of the city parks and this proposed statue may be part of that process.”
Mayor Tim Sandoval commented at the City Council meeting on Sept. 22, 2022, that several City Council Members, Commissioners, Committee members, etc. were present at his meet-and-greet at Lincoln Park.
If more than 4 members of any of the voting bodies - including the Historic Preservation Commission, Park & Recreation Commission, Cultural Arts Commission, Cultural Arts Commission Cultural Art Commission Citizen Advisory Committee or the City Council - attended the meeting OR read the comments posted on social media it could very possibly mean a Brown Act violation. And if not a clear Brown Act violation, this meeting, since it was not public, certainly violates the intents and purposes of the Brown Act, which is to allow public access to public decision-making at every level of the decision-making process.
The use of a public park for a private event raises another issue entirely. The Pomonan is unaware if city permits need to be issued for private citizens to host events in Pomona's public parks - like the Mayor's private meet-and-greet OR non-profit or private fundraising events like the Unity Walk, but a person would think so. Or is anyone allowed to stage an event at a public park? It raises the question - who can stage and advertise events at Pomona's public parks and what is the process?
Therefore, Mayor Sandoval's meet and greet raises four major issues:
1. The use of a personal social media account to arrange what looked like a public-sanctioned meeting, but was actually a private meeting.
2. The use of social media to discuss a public issue before it was ever on a public agenda.
3. The use of a private meeting to discuss a public issue before it was ever on a public agenda.
4. The use of a public park for a private event.
May 9, 2022
ABC7 News – Unity Day LA Producer and Spectra Company President & Founder Ray Adamyk on Harriet Tubman’s Last Stop on Underground Railroad, 328 views
Time stamp: 1:24 - Mayor Tim Sandoval speaks.
Unity Day LA is the name Producer and Spectra Company President & Founder Ray Adamyk assigned to his promotional event at Lincoln Park and the Pomona Fairgrounds on July 4th to raise money to restore Salem Chapel British Methodist Episcopal Church in St. Catharines, Ontario, Canada. The event involved speakers, a march, boxing and entertainers and the unveiling of the Harriet Tubman statue at a Pomona public park.
The article was reprinted in California News :
“This was just one opportunity to potentially bring to one of our parks, a representation of the Harriet Tubman statue,” said Pomona Mayor Tim Sandoval. “To have a conversation not about our past but to start looking at our future.
May 26, 2022
Cision PR WEB and Benzinga Published Press Release
"The dedication of the Harriet Tubman statue at Lincoln Park is scheduled for 12:00 p.m. on July 4, 2022, along with remarks from Adamyk, Dr. Alveda King, Pomona Mayor Tim Sandoval, President of the Pomona Valley NAACP Jeanette Ellis-Royston, and Elizabeth Zamora, CEO of Bright Prospects. The park is located at 400 Lincoln Blvd. in Pomona, and anyone who wishes to attend the unveiling and participate in the Unity Walk is welcome." Cision PR WEB / Benzinga
June 7, 2022
Unity Day LA: Press Release Publishes Press Release, “Inaugural Unity Walk Set for July 4 in Pomona, California”
“The dedication of the Harriet Tubman statue at Lincoln Park is scheduled for 10:00 a.m. on July 4, 2022, along with remarks from Adamyk, Dr. Alveda King, Pomona Mayor Tim Sandoval and Elizabeth Zamora, CEO of Bright Prospects. The park is located at 400 Lincoln Blvd. in Pomona, and anyone who wishes to attend the unveiling and participate in the Unity Walk is welcome.” Unity Day LA / Spectra Company
June 16, 2022
City of Pomona Agenda, Park and Recreation Commission:
Request from Applicant [Spectra Company] to Approve the Installation of Public Art at Lincoln Park. (See Staff Report)
This is the first time the Harriet Tubman Statue shows up on any City of Pomona agenda. Previous to this request, Lincoln Park was NOT on the list submitted as approved sites for public art, and none of the other 137 or so submissions were for Lincoln Park.
During this meeting, the City of Pomona’s Park and Recreation Commission voted to approve the Lincoln Park site for the Harriet Tubman sculpture.
Based on this decision by the P & R Commission, on June 22, 2022, the Planning Division authorized a Minor Certificate of Appropriateness for the installation of public art in the form of an 80” bronze figurative statue to be located at the center of the existing rose garden at Lincoln Park. This letter was addressed and sent to Ean Frank, Project manager of Spectra Company.
The decision by the P & R Commission and the City’s Planning Division occurred prior to the City of Pomona Cultural Arts Commission (CAC)’s & Cultural Arts Citizen Advisory Committee (CACAC)’s consideration of the 137 or so Call 4 Visual Art applications, including Spectra Company’s application for this Harriet Tubman statue.
This is an instance where one application gained Commission approval and momentum prior to actual official approval of funding. Other applicants did not have the opportunity to submit an application for this unapproved site of Lincoln Park.
Just a few days before the scheduled Unity Day event on July 4, 2022, GOOD DAY LA airs a segment interviewing Ray Adamyk, President, Spectra Corporation about his Unity Day.
“Unity Day LA came up a few months ago working with Mayor Tim Sandoval, he came up with the idea to
have this sculpture in the center of Lincoln Park.”
July 8, 2022
City Pride Magazine publishes, “Harriet Tubman Statue Unveiled in Pomona on Unity Day”
“The African American Museum of Beginnings, the NAACP, Pomona Mayor Tim Sandoval, Unity Day organizer Ray Adamyk, and many others joined together for the unveiling of the Harriet Tubman statue on the grounds of Lincoln Park in Pomona Monday.” City Pride Magazine; July 8, 2022
++++++++++++++++++++++++++++++++++++++
An unpublicized date after the July 4th event, 2022
National Sculpture Society News, NY, NY publishes “Manuelita Brown’s Harriet Tubman Unveiled”
“On 4th of July Manuelita Brown’s Harriet Tubman was unveiled to the public in Pomona, CA. The unveiling happened at the Unity Day L.A. celebration and Pomona Mayor Tim Sandoval as well as representatives from The African American Museum of Beginning and the NAACP were present for the activities. After the unveiling, there was a half-mile walk for racial unity and community reconciliation which included all ethnicities, police, and the community walking together under the theme “There is a time to protest – There is a time to Unite.” Brown is a member of National Sculpture Society’s Southern California Sculpture Community.” National Sculpture Society
July 28, 2022
On July 28, 2022 La Nueva Voz, (The New Voice), a Bilingual (English/Spanish) Publication: Pomona’s only Community Newspaper publishes article entitled, “Statue of American abolitionist Harriet Tubman unveiled in Pomona’s Lincoln Park as ‘Unity Day’ activities unfold”
‘This in my view is the true embodiment of community,’ said Pomona Mayor Tim Sandoval, referring to people of all ages and backgrounds. ‘This is what a city should be is people coming together to love, to maybe even debate and discuss, but that’s what a healthy democracy looks like.’ He added that the statue will remain for generations to come as people come to Pomona to see it and so I see this beautiful statue as an opportunity, one of many opportunities, for us to bring folks together, Sandoval said.
‘Art has a way of bringing people together,’ Sandoval said. ‘As you know we have real serious social and economic challenges in this country and there is no group that has been harder hit than Black Americans in this country. There is more work to be done not only here in Pomona but all over this country,’ he said.
‘We have to work together to come up with the solutions . . . and so I see this beautiful statue as an opportunity, one of many opportunities, for us to bring folks together,’ Sandoval said.” page 2. La Nueva Voice
(Unfortunately, we could not quote the Spanish portion of Sandoval’s statement, due to the article not containing the Spanish translation. In fact, La Nueva Voz has very limited or less than 5% of Spanish translations for most of its articles, as it claims to be a bilingual (English/Spanish) community newspaper in a city that is 75% Latinx including Spanish speaking families.)
August 8, 2022
The City of Pomona hold a joint meeting with the Cultural Arts Commission (CAC) & Cultural Arts Citizen Advisory Committee (CACAC), Joint Meeting. This is the first time that any of the City of Pomona’s Commissioners and Committee members had the opportunity to review the proposal for the Harriet Tubman statue along with some 136 other applications for the funding of public art across the city. Prior to the meeting on August 8th meeting, the City of Pomona’s Planning Department sent the Cultural Arts Commissioners & Cultural Arts Citizen Advisory Committee Members this Conflict of Interest Disclosure:
(See Staff Report, Page 10)
“For all individual Committee Members and Commissioners, please note:
In light of the high dollar amount before the Committee and Commissions, a friendly reminder to carefully review the full list of artists and organizations and to timely disclose to staff any financial affiliations or connections with any individuals or groups on the list, as this would constitute a direct conflict of interest.
Also, please consider any formal or informal interactions that you may have had with individuals or groups with art proposals being considered for funding and be sure you are able to make a fair and unbiased decision.
Best practice dictates public disclosure of any interactions to avoid any appearance of bias. A conflict of interest arises when an individual’s personal interest or bias compromises his or her ability to act in accordance with professional or personal obligations.
Please feel free to reach out to staff should you need any clarifications.”
On August 8, 2022, no one on either the Committee or Commission recused themselves in spite of the fact that some Commissioners and Committee members attended the Harriet Tubman event in Lincoln Park on July 4th, some advertised the event on social media, some were featured in the advertisements of the event, and some spoke at the event. Unity Day LA
Both the Committee and Commission voted not to fund the Harriet Tubman statue for the $158,000 based on questions of:
Financial receivership: The application was originally submitted by Spectra Company, a private company, rather than a non-profit organization or individual artist. It was Ray Adamyk, President of Spectra Company who revealed during his public comments at this meeting that receivership should be changed to Village Pomona/PTowne, his non-profit. This non-profit lacked significant documentation of its non-profit status for the Commission and Committee to review at the time. It’s not clear whether or not the City of Pomona has received the appropriate documents from Village Pomona/PTowne to date. A google search for this non-profit has yielded little information. There is a PTowne website that advertises for tenants for the former YMCA building.
According to the P Towne website, P Towne is a "PROJECT FINANCED BY NEW MARKETS TAX CREDITS THROUGH NEW MARKETS COMMUNITY CAPITAL, LLC. A TELACU COMPANY, SHELF-HELP FEDERAL CREDIT UNION (SIC), U.S. BANK, AND CEDAR RAPIDS BANK & TRUST."
The high cost of installation requested by Spectra Company a for profit company
Aesthetic valuing/selection of appropriate site
Violations of City protocols - the advancement of one application over the 136 or so others submitted for Committee and Commission review.
The CACAC and the CAC voted not to fund Spectra Company. There are no minutes from that meeting.
September 19, 2022
City of Pomona City Council Meeting - Appeal Hearing
“7. Appeal of a Cultural Arts Commission Decision Denying the Award of Public Art Fund Dollars for Public Art (Sculpture) to be Installed at Lincoln Park
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, UPHOLDING CULTURAL ARTS COMMISSION TO DENY A PUBLIC ART FUND AWARD TO AN APPLICATION FOR PUBLIC ART FOR A PROPOSED PUBLIC ART PIECE (SCULPTURE) TO BE LOCATED AT LINCOLN PARK IN THE CITY OF POMONA”
[time stamp, agenda item begins around 1:04:00
On Sept. 19th, Pomona’s City Council considered an appeal filed by appellant Ean Frank, Spectra Company’s Project manager for funding the Harriet Tubman statue. City Council overturned the CAC and CACAC’s decision not to fund, going against the staff recommendation by a vote of 5-2, amending the funding from the $118,000 requested to $42,250 for the maintenance and installation of the statue. The appeal doesn’t come from P-Towne Productions the alleged non-profit who resubmitted their application changing it from Spectra Company. The appeal comes from Spectra Company the private corporation.
Unfortunately, Spectra Company’s appeal formed much of the narrative of appeal. Since there were no minutes from the meeting of the Cultural Arts Commission and its Citizen Advisory Committee, the comments that carried over were mostly framed by the appellant, “Spectra Company”.
Petition submitted by Spectra Company
Mayor Sandoval and City Council Members Nolte, Preciado, Garcia,, Lustro, voted in favor. Vice Mayor Ontiveros-Cole and Council member Torres voted against. [time stamp, agenda item begins around 1:04:00]
Starting the discussion, Mayor Tim Sandoval revealed more about private meetings that took place prior to the CACAC and CAC meeting to approve or disapprove the funding for the project. Sandoval said the idea was born at a Christmas party that he attended hosted by Spectra Company in discussion with Spectra’s President & Founder Ray Adamyk.
Later, Sandoval said that he spoke with members of the AAAA (African American Advisory Alliance), a non-profit organization initiated by Sandoval as an outgrowth of conversations he began in June of 2020 with a few dozen Black advocates, educators, elders, faith-based leaders, and youth in the community. The ‘4As’ does not hold public meetings. Sandoval stated that he also met with members of the African American Museum of New Beginnings and with the Chair of the Cultural Arts Commission.
In addition, Sandoval stated that, prior to the funding & application review by the City’s Cultural Arts Commission and Cultural Arts Commission Citizen Advisory Committee - the Commission and Committee charged with that task of accepting the applications for public art and approving the funding - the application for the Harriet Tubman statue was reviewed by the Historic Preservation and the Park and Recreation Commissions as evidence that the statue had received a full Commission review process.
Sandoval’s statement was both false and misleading. After the application period for the City’s Call 4 Visual Arts applications, the City revealed that Spectra Company’s proposed site for the Harriet Tubman sculpture at Lincoln Park was NOT on the City’s approved site list generated on March 18, 2021. Therefore, the City got to work to approve Lincoln Park as a site for public art in anticipation of consideration of the Harriet Tubman statue. On May 4th, 2022 the Historic Preservation Commission determined that there was no need for a Certificate of Appropriateness to locate a sculpture at Lincoln Park, and on June 16th, the Parks & Recreation Commission also back-pedaled and approved Lincoln Park as a site for a statue. However, even though both Commissions approved the SITE for future public art, neither of the Commissions approved the Harriet Tubman sculpture to be placed there per se. That decision was beyond their jurisdiction. That decision was reserved for the CAC and the CACCAC to vote on in a meeting scheduled for August.
Later in the meeting to consider Spectra Company’s appeal, Council Member Nolte cited Sandoval’s statement that two Commissions had voted approval of the Harriet Tubman statue as evidence of a comprehensive Commission review process, but Planning Department staff member Ata Khan corrected both Nolte and Sandoval, saying that the HPC and P & R C had never considered the Harriet Tubman statue in a public meeting. In spite of this correction, it did not change Council Member Nolte’s mind - he voted to approve of funding the Harriet Tubman statue.
This is problematic because none of the other applicants in the City's Call 4 Art knew that Lincoln Park could be considered as a site for public art until after the application deadline. The City of Pomona should not be in the business of limiting fair competition in its Call 4 Artists. An additional concern is that the City's application for public art called for the submission of conceptual proposals - indicating that the City wanted to work with applicants to develop artwork that was appropriate for the various already-approved sites. At the time of submission of the proposal for the Harriet Tubman statue, it was already complete and had already been bought and paid for by Spectra Company.
Sandoval, in spite of his engagement with the media and his private meetings, including attending and speaking at the event itself prior to CAC and CACCAC review, declared that he did not “weigh in on'' the decision before any of the City Commissions or Committees. However, there is plenty of evidence otherwise.
During her comments, Vice Mayor Ontiveros-Cole revealed that prior to hearing the appeal, she had a private meeting with Ray Adamyk, President of Spectra’s Company to discuss the Harriet Tubman statue.
This raises the question - how many private meetings were held prior to holding a public meeting? If 4 or more City Council members met privately, one on one, in a group, or serially to discuss this statue than they would be in violation of the Brown Act. The problem with serial meetings is compounded by the use of social media. Posting on social media can also be considered as part of a serial meeting.
Council Member Preciado, voicing his support for funding the Harriet Tubman sculpture and voicing his support for circumventing public process, stated, “Every time we hear about a fight for process . . . it always seems that process is used to obstruct things we want to get done.” Preciado was not specific as to who he considers “we” in his statement. (Time-stamp around 2:28:00)
Such a statement by Council member Preciado - along with other statements by the Mayor and Council Members - show an unhealthy disregard for the public, for public process and the public’s right to be involved in government decisions. It is important that government business be conducted in public, rather than as a series of secret, private meetings that the public has no access to. Elected officials are supposed to be responsive to the people of the community, rather than dictate what they think is ‘best.’
California’s Ralph M. Brown Act is one of California’s main laws written with the intention of regulating transparency and disclosure in government. Its intention is to provide public access to meetings of local government agencies. Codified as Government Code sections 54950-54963 in 1953, the Act reads in it preamble:
“The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”
Conclusion
Prior to proper Committee and Commission review, City of Pomona elected and appointed officials granted particular attention to one of the 137 or so applications the City received in its Call 4 Visual Art applications.
Considering this one application, elected and appointed officials were involved in private meetings that may or may not have violated the Brown Act. They talked to and were quoted in the press and they posted on social media. Some participated in a much-advertised “unveiling” that the City permitted on public park land. These private meetings, media announcements and this well-advertised event on public land helped promote one application over the others, allowing the project to gain momentum long before the application was ever considered for public funding in a public meeting with public access. This heavy-handed and premature promotion of one application was unfair to the other 137 or so artist applications, but also to the public at large. Based on what transpired, it would not be unfair to say that public perception is now that public officials can use their status to fast-track projects they like.
In addition, though the Planning Department issued a Conflict of Interest Disclosure form prior to the meetings, some elected and appointed officials did not respond to the dictate to disclose “any formal or informal interactions that they may have had with individuals or groups with art proposals being considered for funding.”
The City of Pomona’s leaders, by failing to adhere to their own protocols to ensure accountability, accessibility and transparency, have eroded the public trust.
Editors' Update and Note (2/21/2022)
The application for the Harriet Tubman statue was originally submitted from Spectra Company, a for-profit corporation, though this is non-compliant with the City's Call 4 Artist application process requiring applicants be either artists or non-profit organizations. The City allowed this corporate designation to stand through the Parks & Recreation Commission meeting on June 16, and the City staff's issuance of the Minor Certification of Appropriateness on June 22, 2022.
It was only at the August 12th joint meeting of the Cultural Arts Commission and the Cultural Arts Commission Citizen Advisory Committee that staff substituted the name, The Village Partners/PTowne, as the name of the applicant. Presumably, The Village Partners/PTowne is the name of Spectra Company's non-profit, though the Pomonan has been unable to locate this name as a registered non-profit. However, PTowne is registered as an LLC. It is unknown whether or not staff required, at that time, for The Village Partners/PTowne to submit a Form 990, operating budget and other materials as suggested in the application requirements. On September 19, for the City Council meeting, the appellant was Spectra Company's Project Manager Ean Frank, rather than a representative of Spectra's non-profit. For its appeal, Spectra Company reverted back to its corporate appellation.
This raises the question:
Who is the City of Pomona making the $42,250 check to? The Company? The Non-Profit? or the LLC?
Commentary from an ex-Cultural Arts Citizens Advisory Committee Member
During the process of approving and funding the Harriet Tubman statue, much talk circulated about the desire to represent the Black perspective and educate the public - particularly children - about her legacy of abolition and the fight for racial justice.
The sculptor, Manuelita Brown, was quoted by ABC News: “Manuelita Brown [the artist] said she was inspired to sculpt Harriet Tubman knowing she was not only a soldier but also an abolitionist who fought for women's right to vote and for Black people's right to vote.”
Later, during September 2022’s City Council Appeal Hearing, Mayor Tim Sandoval stated that the installation of the Harriet Tubman statue on Lincoln Park was borne out of a desire to address issues that flared up over the police murder of George Floyd as well as private contractor Ray Adamyk’s desire for racial reconciliation. He said that the selection of its location at Lincoln Park was to include more than just Lincoln’s perspective on emancipating the slaves.
In spite of these intentions, the quote selected for the statue’s base does not fully address these political concerns or Tubman’s desire to free her people, but rather centers on her belief in God to free herself: “God’s time is always near. He set the North Star in the Heavens. He gave me the strength in my limbs. He meant I should be free.”
Neither the Cultural Arts Commission nor the Cultural Arts Commission Citizen Advisory Committee were consulted on the choice of quote. The Pomonan considers it an opportunity diluted to educate people about slavery, abolition and emancipation.
A Commissioner or Committee member's job is a complex one. It’s not just about aesthetic valuing and site approval. We have to also consider historical context as well. In the end, the member needs to consider the proposed statue’s value to the community - aesthetic, educational, etc.
When Mayor Sandoval states that the statue was born out of the George Floyd Uprising of 2020, it has to be put in the context of Pomona’s own policing politics. According to a report published by Gente Organizada, from 2016-2020 Pomona PD arrested 251 juveniles 11-17 years of age, 27% of those were Black youth, while the Black community only accounted for 6% of the population in the city of Pomona. These figures are precisely why it is so important that the selection of a figure as important as Harriet Tubman is presented as fully as possible. She was an abolitionist and that is the message that should be brought forward - not just that she was an abolitionist, but it is important to inform the public about all that being an abolitionist means.
The artist, Manuelita Brown mentions how Harriet Tubman’s life inspired her, highlighting that Harriet Tubman was not only a soldier and a liberator, but also an abolitionist.
After going through a plethora of quotes about her experience and how she defines slavery, the quote chosen was a strange whitewash of these facts. It raises the question - How do we really learn about Harriet Tubman by a single quote stating, “God's time is always near. He set the North Star in the heavens; He gave me the strength in my limbs; He meant I should be free.”?
Furthermore, with all the hoopla of the unveiling on the 4th of July, the City of Pomona should have taken a page from the famous lecturer, abolitionist, and former slave - and the Mayor’s first consideration for a statue in Lincoln Park - Fredrick Douglass who delivered the speech, What to the Slave is the Fourth of July? on the 5th of July 1852. His motivation to write such a speech was to address and respond to the hypocrisy of those who wanted to whitewash slavery.
Moreover, I find it interesting that the applicant Spectra Company’s founder Ray Adamyk while being interviewed by ABC news during the unveiling event stated “There is a time to protest, but there is a time to unite. United we stand divided we fall.'' (1:22) This was said in such a way to counter the ongoing protests that have been happening across the nation including those in front of Mayor Sandoval’s house in regards to police shootings of unarmed Black men. Furthermore, it is mind-boggling that Adamyk quoted from a statement made by founding father and slaver, John Dickinson, a federalist who opposed this country’s separation from Great Britain. Dickinson owned 37 slaves. Dickinson wrestled with his slave-ownership since he was a Quaker, and the Quakers in the Philadelphia area made it known that holding humans in captivity was unacceptable. It was strongly recommended that all Quakers set slaves free. It would appear that the Quakers’ protest’ worked. Dickinson, under pressure, freed his slave. So clearly, unity should not trump protest where protest is warranted.
I fear that the installation of the Harriet Tubman statue ends up being politics as usual. Political figures gain votes, a private businessman ameliorates his standing in the community, but the question remains, in the end, does the Harriet Tubman statue serve the educative value so many during the process suggested?
THERE REMAIN UNANSWERED QUESTIONS:
1. Who did the City of Pomona issue the check for the installation and maintenance of the Harriet Tubman statue for something like $42K? Did it go to the original applicant, Spectra Company, a private company as listed in the May - July City meetings and then listed again, in the City's appeal process in September? Or did it go to the non-profit, Village Partners, P-Towne which was changed for the combination CAC and CACCAC meeting in August? Or did it go to a private individual, Spectra’s Company CEO Ray Adamyk? The Pomonan has been unable to locate Village Partners P-Towne as a non-profit operating out of Pomona.
2. What were the financial results of Ray Adamyk’s Unity Day LA's two fundraising events held at the City of Claremont’s Lincoln Park in July 2022 and March 2023, respectively? These events listed a church in Canada, the last stop on the Underground Railroad, as the recipient for the fund-raising effort. Has there been a report of how much money has been turned over to the church in Canada?
Julian Lucas
Ex-committee Member for Pomona Cultural Arts Citizens Advisory
Julian Lucas is a photographer, a purveyor of books and writer in training, but mostly a photographer. Julian is a Committee member for Pomona Cultural Arts Citizens Advisory Committee, but his comments are strictly his own.
A 5-2 Vote is a Victory for Tenants Throughout the City of Pomona
By Julian Lucas
Published 8/2/2022 6am PST
Pomona — Yesterday evening PUSH Coalition (Pomona United for Stable Housing) and Housing is A Human Right Organization in support of PUSH rallied in front of City Hall for rent stabilization in the city of Pomona. PUSH’s demanded that city council vote to cap rents at 3%. However, council voted in favor of a 4% increase 1 % percent less than the original proposed 5%. During a special meeting last week. Mayor Tim Sandoval mentioned people suffer from trauma, especially the youth of families who struggle pay their rent.
The eviction restriction for the state of California lifted on July 1, last month, after a two year moratorium. Although the moratorium expired, some tenants are protected, without rent increase burden in several counties, including Los Angeles County, but the protections are limited to low-income families.
After the rally, members of both organizations attended last nights city council meeting to weigh in during public comment. The final vote to increase rents resulted in a 4% increase with a 5-2 vote, Council member Torres and Ontiveros-Cole voting against the increase. The increase will go into effect immediately.
Julian Lucas, is a photographer, creative strategist, and writer in training, but mostly a photographer. Julian also works as a housing specialist which, includes linking unhoused veterans to housing.
