Editorial

Holding Commissioner Appointees, and Elected Officials Accountable

It's election time, (ballots drop October 7), and it's well past time for both elected and appointed officials to begin holding themselves accountable when they campaign on issues.  Every time they weigh in on a measure or issue in the press or on social media, their statements should be accompanied with the simple statement:

"[Name of an appointed or elected official] is the [official title] for the City of Pomona, but the opinions expressed here are solely my own.

Other cities and school boards require this. It's written in their protocols and considered best practice. 

C'mon Pomona leadership, it's time to ensure that you separate your personal politics from the position you were either elected or appointed to. Stop abusing your power.

The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.

“Always Keep Your Back to the Wall” Part Two

Part II

Nell Soto Part II  The 1960s: Politics, the Fair Housing Act & Other Progressive Legislation - the Real Estate Industry, ‘Hit’ Pieces, ‘Limousine Liberals,’ Headstart and Parks.

By Julian Lucas
Edited by Pamela Casey Nagler

Denver Post / Getty Images

Published August 15, 2023 9:41 Am PST


Excerpts from Nell Soto’s 1988 interview conducted by Carlos Vasquez with the UCLA Oral History Program, California State Archives, State Government Oral History Program.


Nell Soto on Fair Housing

The Rumford Fair Housing Act (AB 1240) passed in California on September 20, 1963. Its goal was to end unfair discrimination against people of color who were seeking housing, a common occurrence at the time. All too often, white landlords and property owners would not rent apartments or sell houses to ”colored people'' or “brown people.” 

The Rumford Act stated that ”the practice of discrimination because of race, color, religion, national origin, or ancestry in housing accommodations is declared to be against public policy.

Nell Soto reveals in her interview that it was the Real Estate lobby that provided powerful opposition to the Fair Housing Act. They circulated racist flyers to spread fear among voters.


NELL SOTO: [My husband, Phil Soto] got elected [to the assembly] in 1962. He was a party man. In 1964, he almost lost because of the famous Rumford [Fair Housing] Act.  (33)

CARLOS VASQUEZ:  Did the Rumford Act [or Fair Housing Act of 1963] hurt Democrats that badly?

NELL SOTO: Oh, yeah. Yeah. There was a big campaign in the San Gabriel Valley against it, against him because of that.

Carlos Vasquez:  Who headed that campaign?

Nell Soto:  Campbell’s people [her husband’s opponents’ people].

Carlos Vasquez:  Was he tied into real estate?

Nell Soto:  Sure. Herbert Hawkins [Realty]. A lot of the big realtors were against it and debated him on the logic of why he was supporting it. San Gabriel Valley is very conservative. Even though they vote for Hispanics, they expect you to be as conservative as they are.  (37-8)

Carlos Vasquez: What kind of campaign was it at the local level that William Campbell was able to mount? What kind of issues did he raise?

Nell Soto: The issue was fair housing. That's what the issue was.

Restrictive Housing Covenant 1954
Pomona, CA (Ganesha Hills)

Page One

Restrictive Housing Covenant 1954
Pomona, CA (Ganesha Hills)

Page Two

Carlos Vasquez:  In 1968, four years later?

Nell Soto:  Yes. He was still doing the same thing . . . (39-40)

Carlos Vasquez: How much did the reaction to the Rumford Fair Housing Act as expressed in the Proposition 14 campaign have to do with Mr. Soto's loss in 1968?

Nell Soto:  I think it had a lot to do with it. In 1964, he barely squeaked through. He only won by about 1,600 votes . . . Again, that area, the West Covina area. . . . There was a very strong campaign waged against him in 1964.

Carlos Vasquez:  By?

Nell Soto:  By the same guy who beat him. Bill Campbell.

Carlos Vasquez:  Did the real estate lobby play much of a role?

Nell Soto: Absolutely . . .

Carlos Vasquez: Doing what?

Nell Soto: Well, editorials, ads. I don't know who paid for the "hit piece" that went out. There was one very bad one. At that time, they weren't known as hit pieces . . . I just picked up that term from other politicians. A hit piece is something put in the mail that says something bad about the office holder or candidate . . . It was in reference to the Rumford Act. [It said] “If you don't sell to a black, you're going to wind up behind bars."

It had a picture of a white couple behind bars with a black couple outside of the jail laughing at them. That was circulated in the district.

All of that had an Impact, like the editorials against the Fair Housing Act calling it the "Rumford-Soto Act." Although all the Democrats had co-authored it, they acted as if he was the only one . . . Incidentally, Rumford also lost, as did most of the people who signed that bill. 

Carlos Vasquez:  What do you think it was about the Rumford Act that made people react, or that others were able to exploit in order to make people react? What was the argument that made people go the direction that they did?

Nell Soto:  It was called the Fair Housing Act. It made it illegal to discriminate against anybody because of race, color, or creed, in selling or renting them a house. That's all it did. But it was distorted to the point where it caused a lot of paranoia with people who owned houses they wanted to sell. People would say, "I don't want to sell my house to a black, and nobody's going to make me do it." 

The average, redneck WASP who all these years had felt very, very secure and complacent in their own little bailiwick, their all-white neighborhoods, now, all of a sudden, here was a law that was going to require them to sell to or rent to people of color, be they brown, or black, or yellow, or whatever. That was not something they appreciated or were looking forward to. To this day, I think that there's more of those people than we like to think there are.

Carlos Vasquez:  People in the Brown administration that I and others have interviewed were profoundly surprised by the reaction to the Rumford Housing Act. Were you surprised?

Nell Soto:  No. What I'm telling you is that the limousine liberals who live in Beverly Hills and send their kids to parochial or private schools author or help to author liberal legislation, yet they wouldn't live next door to a black if they got paid to or under any circumstances. They espouse liberal legislation because they think that's the right thing to do, even though if push came to shove they wouldn't like it for their own neighborhood.

Carlos Vasquez:  Could you give me an example of such a “limousine liberal”?

Nell Soto:  No, I wouldn't care to do that.

Carlos Vasquez:  How about another issue where "limousine liberals" may have carried the day and yet not had to pay the piper?

Nell Soto:  Well, I think it's everywhere.

Carlos Vasquez:  Do you think affirmative action is an example?

Nell Soto: Affirmative action, absolutely. Just think of any type of legislation where they've had to literally legislate morality. They say, "Well, you can't legislate morality." I say, "The hell you can't." If it wasn't for legislation, we would not have civil rights, we would not have fair housing. There are so many things we would not have if it had not been for legislation . . .

On education . . . I don't think we've done enough, not even for the Anglo kids, let alone for minorities. In the Brown administration, you had a lot of people who were philosophically liberal but who had never been down to or lived in the ghetto, never been poor, never known what it was like to have to go to bed hungry. I appreciate the fact that they're at least attempting to provide through legislation the means to help the people who are in those circumstances . . . [but] there are very few people in government who have been through the agony of poverty. It's because people in poverty don't have the opportunity for an education, to go through the different steps to become a bureaucrat and be able to make some of these decisions.

So for the most part . . . I'm not saying 100 percent, but I would say 99 percent of the people who are making these decisions have never been poor. They've never known what it's like to go hungry. They've never lived in a ghetto or a barrio, even though they try to legislate to help these people. It's appreciated, and if it wasn't for them we probably wouldn't be this far in legislating, if you will, morality.

I really do wish that they would come out and live here. Try it. Then they could really write some good legislation, because then they would really know what it's all about. Maybe some of the legislators, themselves, know, because they come from a different point of reference than the people in government making decisions who are not legislators. I think the advisers that the elected people hire are the ones who should really know what it's like.

Especially in the old days, nobody came from a barrio. They mostly came from agricultural areas or were attorneys or businessmen who got elected. And while they might have been poor growing up or might have been poor farmers, it was a long time before anybody was elected with a really liberal philosophy to help generate some of the liberal legislation that we've had in the last twenty or thirty years . . . 

Structural Racism Redlining Map

Structural Racism and Land Use Redlining Map
Pomona, CA

[Just think], the Rumford Act was voted down. People voted against it! Fair housing! The state supreme court said it's unconstitutional to vote down a fair housing situation, so the fair housing law stood. 85-94

Nell Soto on Other Progressive Legislation - The Compensatory Education Bill (Headstart) of 1865 & the Quimby Act of 1965 (Requiring Developers to Set Aside Land for Park and Recreational Use)

CARLOS VASQUEZ:  During the time he [Nell Soto’s husband] was in the Assembly, what issues particularly got you involved in politics as a wife of an assemblyman, do you remember?

NELL SOTO: Oh, I was interested in everything he was doing. Some of the things I brought up to him, he would take them in. We drew up—he didn't get the credit for it--the 1965 Compensatory Education Bill of 1965, Headstart (AB. 1331). a lot of those things for disadvantaged children, Phil and I thought of. He would take them up with him, they would get put into the hopper, and it would come out as some kind of a bill sponsored by somebody else . . . 

Another thing that was my idea, that he [Phil] did and took back, came out as the Quimby Act of 1965 (AB 1150).  I think it's very important that every developer putting in a new subdivision now has to dedicate a little bit of land commensurate with the amount of children that are projected to be in the tract [for parks or other recreational purposes.] That idea was conceived in my home . . .

I said, "You know what you ought to do? You ought to make it a law that every developer that puts in houses should leave some land for kids to play in.”

And they did.” 42-5

Julian Lucas, is a photographer, a purveyor of books and writer in training, but mostly a photographer. Julian is the founder of Mirrored Society Books. Julian was once called a “bitter artist” on the Nextdoor app. Julian embraces name calling, because he believes when people express themselves uncensored, they are their most creative self. Unless of course it’s by someone who holds a leadership position.

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. 

OPEN LETTER: To the Editors of The Inland Valley Daily Bulletin regarding their Recent Article on the Chino Valley USD’s New Policy Concerning Transgender Students

Photography Courtesy of Julian Lucas ©2023

Published August 7, 2023 8:30 Am PST

Dear Editors,

Tensions are running high with Chino Valley USD’s Board recent adoption of their transgender student policy. That said, your recent article about our State’s Attorney General probe into the legality of this new policy made erroneous statements about what happened in the CVUSD’s Board meeting of July 20th. Our editorial board is asking that you correct the article. In matters as controversial as this one, your newspaper should show no explicit or implicit bias - you should simply print the facts as documented. What is disconcerting is that this  article, with misleading information,  was picked up by the Southern California News Group and circulated all over the Southland, including in the Pasadena Star News.  

The 13th paragraph of your article reads,

"The school board approved the policy at the end of a tense four-hour meeting. The meeting drew a crowd of more than 300 people, including state Superintendent of Public Instruction Tony Thurmond, who left the meeting after exchanging heated remarks with Shaw."

To be clear, Superintendent Tony Thurmond did NOT ‘leave’ the meeting, he was escorted out by 4 school security officers at the behest of the Chino Valley USD Board President Shaw. In addition, Supt. Thurmond did NOT ‘exchange heated remarks’ with CVUSD Board President Shaw. Thurmond, after delivering a respectful public comment expressing the state’s concern for the safety of schoolchildren with such a policy, was returning to his seat, when CVUSD began heckling and shouting at him. At that point, Thurmond returned to the podium reserved for public comment to call for ‘point of order.’ As a former school board member himself, he is well aware of the protocols. It is in violation of Roberts’ Rules of Order for public elected officials to address the public from across the dais asking for anything beyond  basic information needed for clarification purposes. Public officials are NOT supposed to attempt to engage members of the public in back-and-forth dialogue.

This editorial board watched the video numerous times, sent two people to attend the meeting, and transcribed CVUSD Board President Sonja Shaw's comments to CA State Superintendent of Public Instruction, Tony Thurmond.



Transcription of Video Where CVUSD President Sonja Shaw, breaks District protocols and addresses Supt. Tony Thurmond directly.  (Time stamp around 1:24)

CVUSD President: Time. Time. Time. And I learned something from a previous Board president . . .(California Superintendent of Public Instruction Tony Thurmond is returning to his seat after finishing his one minute public comment. The crowd is shouting.)

Guys - be respectful.

I am going to do a point of order which I learned from a previous Board President. (The CVUSD President at various points from here on raises her voice to shout.)

Tony Thurmond, I appreciate you being here - tremendously - but here is the problem -we are here because of people like you. You are in Sacramento proposing things that (raises voice) PERVERT CHILDREN. You had a chance to come and talk to me, Tony. By all means - you had a chance to talk with me. Why was it so important for you to walk with my opponent? YOU are the very reason why we are in this. 

I am going to do a point of order which I learned from a previous Board President. (The CVUSD President at various points from here on out raises her voice to shout.) 

Tony Thurmond, I appreciate you being here - tremendously - but here is the problem -we are here because of people like you. You are in Sacramento proposing things that (raises voice) PERVERT CHILDREN. You had a chance to come and talk to me, Tony. By all means - you had a chance to talk with me. Why was it so important for you to walk with my opponent? YOU are the very reason why we are in this. 

Tony Thurmond: (returns to podium): May I have - as a Point of Order, as the Board President . . . .

CVUSD President: (interrupts, shouting, talking fast): No, this is not your meeting. You can have a seat. Because if I did that to you in Sacramento, you would not accept it. Please sit.

Tony Thurmond: Point of Order.

CVUSD President: You are not going to blackmail us. You have already sent us a blackmailing letter on previous . . . You will not bully us here in Chino! Please sit.

Tony Thurmond: Point of Order!

CVUSD President: in Chino!

Tony Thurmond: Point of Order!

CVUSD Board President: 5 Minute Break!  (CVUSD President exits the dais through a curtain behind her.

(On tape, Tony Thurmond, at the podium, is surrounded by at least four school police.)

The Pomonan is the cultural structure, empowering visionaries to propel the global society to the future.

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The Flawed Process

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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:

  1. 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.