City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, March 2, 2020 7:00 PM 5:30 p.m. in the Closed Session Room & 7:00 p.m. in the Council Chambers Council Chambers City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Councilmember Rubio R. Gonzalez Vice-Mayor Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro Councilmember Robert S. Torres VISION STATEMENT Pomona will be recognized as a vibrant, safe, beautiful community that is a fun and exciting destination and the home of arts and artists, students and scholars, business and industry. City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency PLEASE NOTE The numerical order of items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Members of the City Council. Members of the City Council and the public are reminded that they must preserve order and decorum throughout the Meeting. In that regard, Members of the City Council and the public are advised that any delay or disruption in the proceedings or a refusal to obey the orders of the City Council or the presiding officer constitutes a violation of these rules. • The conduct of City Council meetings is governed by the portion of the California Government Code commonly known as the “Brown Act” and by the Pomona City Council Meeting Rules of Procedure. • The City Council meeting is for conducting the City’s business, and members of the audience must obey the rules of decorum set forth by law. This means that each speaker will be permitted to speak for three minutes to address items that are listed on the City Council agenda or topics which are within the jurisdictional authority of the City. • No profanity, personal attacks, booing, cheering, applauding or other conduct disruptive to the meeting will be permitted. Any person not adhering to the Rules of Procedure or conduct authorized by the Brown Act may be asked to leave the Council Chambers. • All comments directed to the City Council or to any member of the City Council must be directed to the Mayor (or Vice Mayor if the Mayor is absent). We ask that you please respect the business nature of this meeting and the order required for the proceedings conducted in the Council Chambers. ACCESSIBILITY The City of Pomona wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City's Administration Office at (909) 620-2051 at least 48 hours before the meeting, if possible. Additionally, Listening Assistive Devices are available for the hearing impaired; please see the City Clerk. Agenda-related writings or documents provided to the City Council are available for public inspection in the Office of the City Clerk and on the City’s website www.ci.pomona.ca.us. Persons who have questions concerning any agenda item may call the City Clerk’s Office at (909) 620-2341. SPANISH INTERPRETATION / INTERPRETACIÓN EN ESPAÑOL If you require Spanish interpretation, a bilingual interpreter is available at Regular City Council meetings and may be available at Special meetings, if necessary. Please note that if no one requests assistance by 8:00 pm, the interpreter will be dismissed. Si necesita interpretación en español, un intérprete bilingüe está disponible en las juntas regulares del Concejo Municipal y puede estar disponible en juntas especiales, si es necesario. Tenga en cuenta que si nadie solicita asistencia antes de las 8:00 pm, el intérprete será despedido. 5:30 P.M. In the Closed Session Room City of Pomona Page 2 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency CLOSED SESSION Held in the City Council Conference Room adjacent to the Council Chambers on the south side of the building. CALL TO ORDER PUBLIC COMMENT Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council prior to the City Council convening into closed session . Comments from the public will be limited to three (3) minutes. No member of the public will be allowed to be present once the City Council convenes into closed session. CLOSED SESSION AGENDA ITEMS 1. A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) James Suess v. City of Pomona, et al.; Case No. 19PSCV00095 James Suess v. City of Pomona; WCAB Case Nos. ADJ10799317; ADJ10846030; ADJ10846070 B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One matter regarding possible litigation to be initiated will be discussed (Pursuant to Government Code Section 54956.9 (d)(4)) 7:00 P.M. Reconvene in the Council Chambers CALL TO ORDER CLOSED SESSION REPORT POSTING OF COLORS PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS A. Certificate(s) of Recognition Honoring Pomona Veteran(s) City of Pomona Page 3 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency MAYOR/COUNCILMEMBER COMMUNICATIONS Reports on conferences, seminars, and regional meetings attended by Mayor and City Council and announcements of upcoming events. CITY MANAGER COMMUNICATIONS Reports from the City Manager. PUBLIC PARTICIPATION Public Participation – At this time, the public is invited to address the Council concerning any items not on the agenda. Together the City Council members, City staff, and public honor Pomona’s important City meeting values: To speak and to listen to everyone with respect and courtesy; To honor fairness and our cherished democratic process; To affirm Pomona’s dedication to lead as a Compassionate City. Thank you all for keeping these values and this commitment to act with them ever present in our minds as we proceed with the meeting together. In order to address the City Council, each individual must fill out a speaker card, which is available in the lobby of the Council Chambers. Speaker cards must be completed and turned in to the City Clerk at this time. Only those speaker cards turned in to the City Clerk will be allowed to address the City Council. No late cards will be accepted. Each person should state their name and will be allowed to speak once for three minutes. All speakers and persons in the audience must adhere to the City Council Rules of Procedure and Decorum. CONSENT CALENDAR All matters under the Consent Calendar may be enacted by a single motion without separate discussion. If discussion or a separate vote on any item is desired by a Councilmember, that item may be removed from the Consent Calendar and considered separately. All consent items pulled for discussion will be limited to five minutes. If they are not enacted upon within five minutes, the Mayor will move that Consent Item to the end of the Agenda, after consideration of the public hearings. Any motion relating to an ordinance or a resolution shall also waive the reading of the ordinance or resolution and include its introduction or adoption as appropriate. 1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes: January 27, 2020 Meeting Minutes Attachments: FINAL MINUTES 1-27-2020 2. Authorization of a Loan in the Amount of $783,428 from Available Water Fund Balance to the Community Choice Aggregation Program Fund and Approve a Payback Schedule to the Water Fund City of Pomona Page 4 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2019-20 ADOPTED BUDGET BY APPROPRIATING $783,428 FROM AVAILABLE WATER FUND BALANCE TO THE COMMUNITY CHOICE AGGREGATION PROGRAM FUND AND APPROVE A PAYBACK SCHEDULE TO THE WATER FUND FROM THE COMMUNITY CHOICE AGGREGATION PROGRAM FUND AND APPROVE APPROPRIATIONS AS SET FORTH IN A RECOMMENDED COMMUNITY CHOICE AGGREGATION PROGRAM FUND BUDGET Attachments: Staff Report - CCA.docx Attachment 1 - Resolution No. 2020-07 (Final).docx Attachment 2 - CCA Fund Revenues and Expenses.docx Attachment 3 - Payback Schedule.docx 3. Accept and Receive $186,257 of Additional Grant Funds from San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) and Amend “Phil and Nell Soto Park,” CIP Project No. 428-71040 within the FY 2019-20 Capital Improvement Program (CIP) Budget by Receiving and Appropriating $186,257 of Available RMC Grant Funds to the Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO ACCEPT AND RECEIVE $186,257 OF ADDITIONAL GRANT FUNDS FROM SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY (RMC) AND AMEND “PHIL AND NELL SOTO PARK,” CIP PROJECT NO. 428-2590-XXXXX-71040 WITHIN THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY RECEVING AND APPROPRIATING $186,257 OF SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY GRANT FUNDS TO THE PROJECT Attachments: Staff Report Attachment 1 4. Authorize Execution of a Memorandum of Understanding Between the Cities of Pomona, San Dimas, La Verne, and the San Gabriel Valley Council of Governments to Host the Heart of the Foothills Open Streets Event on April 19, 2020; and Adopt a Resolution Amending the FY 2019-20 Revenues and Expenditures for the General Fund and Traffic Offender Fund by Appropriating $20,000 in Prop C Grant Funds for Event It is recommended that the City Council take the following actions: City of Pomona Page 5 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency 1) Authorize the City Manager to execute the proposed Memorandum of Understanding (MOU) between the cities of Pomona, San Dimas, and La Verne, and the San Gabriel Valley Council of Governments (SGVCOG) to host the “Heart of the Foothills” Open Streets Event on April 19, 2020, in substantially the form submitted as Attachment 1; and 2) Adopt the following resolution: RESOLUTION NO. 2020-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2019-20 OPERATING BUDGET BY REVISING REVENUE ESTIMATES BY $20,000 AS FOLLOWS: $2,000 (215-2506-40916-51332), $11,000 (215-4201-40916-51332), AND $7,000 (215-2090-40916-51332); AND APPROPRIATING $20,000 AS FOLLOWS: $2,000 (215-2506-XXXXX-51332), $11,000 (215-4201-XXXXX-51332), AND $7,000 (215-2090-XXXXX-51332), FOR RECEIPT OF $20,000 IN PROP C GRANT FUNDS PURSUANT TO THE MEMORANDUM OF UNDERSTANDING FOR THE HEART OF THE FOOTHILLS OPEN STREETS EVENT ON APRIL 19, 2020 Attachments: Staff Report Attachment 1 - Memorandum of Understanding Attachment 2 - Resolution No. 2020-24 Attachment 3 - Event Route Map 5. Authorization to an Exception to the Dollar Threshold Limits in Section 2-1002(3) of the Pomona Municipal Code for Engagement of RKA Consulting Group for Professional Construction Management Services Associated with “Major Street Rehabilitation - 2015 Metro Call,” Project No. 428-2590-XXXXX-67918 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING AN EXCEPTION TO THE DOLLAR THRESHOLD LIMITS IN SECTION 2-1002(3) OF THE POMONA MUNICIPAL CODE FOR ENGAGEMENT OF RKA CONSULTING GROUP FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH “MAJOR STREET REHABILITATION - 2015 METRO CALL,” PROJECT NO. 428-2590-XXXXX-67918 Attachments: Staff Report Resolution DISCUSSION CALENDAR City of Pomona Page 6 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency 6. Award Professional Services Agreement to HDL Companies for Professional Evaluator Services for the Commercial Cannabis Permit Program It is recommended that the City Council take the following actions: 1) Award a professional services agreement to HdL Companies for professional evaluator services for the Commercial Cannabis Permit Program; and 2) Authorize the City Manager, or designee, to execute an agreement and any subsequent amendments, subject to review by the City Attorney. Attachments: Staff Report 7. Finding of Public Benefit to the Community at Large: Recommended Expenditure(s) and Recap of Funds It is recommended that the City Council take the following actions: 1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit from the expenditure of funds for the recommended item(s); and 2) Receive and file the recap of final amounts for previously approved projects/activities. Attachments: FOPB Staff Report Attachments 1-7 PUBLIC HEARINGS 8. Public Hearing to Consider Adoption of Various Fees Related to the Commercial Cannabis Permit Program (CCPP) It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing to receive testimony and comments regarding the proposed new fees related to the CCPP; and 2) Upon concluding the Public Hearing adopt the following resolution: RESOLUTION NO. 2020-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING FEES PERTAINING TO THE COMMERCIAL CANNABIS PERMIT PROGRAM 3) Per Government Code Section 66017, adopt the following resolution: City of Pomona Page 7 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2020-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE INTERIM IMPLEMENTATION OF FEES PERTAINING TO THE COMMERCIAL CANNABIS PERMIT PROGRAM FOR A PERIOD OF THIRTY DAYS Attachments: Staff Report Attach. No. 1- Draft Resolution No. 2020-34 Attach. No. 2 -Draft Resolution No. 2020-35 Attach. No. 3 - Public Hearing Notice Attach. No. 4-Notification Per GC 66016 Attach. 5- Exhibit A-CCPP Fee Justification Study 9. Introduction and First Reading of an Ordinance Adopting a Code Amendment to the City of Pomona Zoning Ordinance (PZO) for the Purpose of Regulating Accessory Dwelling Units (ADUs) in Accordance with State Law. It is recommended that the City Council open the public hearing and after receiving testimony and public comment, close the public hearing, introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4281 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING CODE AMENDMENT (CODE 13241-2020) AMENDING SECTIONS .5809-26 ACCESSORY DWELLING UNITS, .5809-13 HISTORIC PRESERVATION, .580 CONDITIONAL USE PERMITS, AND .560 VARIANCES OF THE CITY OF POMONA ZONING ORDINANCE PERTAINING TO ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS Attachments: Staff Report Attachment No. 1 – Draft Ordinance No. 4281 Attachment No. 2 – Public Hearing Notice Proof of Publication Attachment No. 3 – Ordinance No. 4278 Attachment No. 4 – PC Staff Report 10. Introduction and First Reading of an Ordinance Adopting a Specific Plan Amendment (SPA 11590-2019) It is recommended that the City Council open the public hearing and after receiving testimony and public comment, close the public hearing and introduce and waive further reading of the following ordinance: ORDINANCE NO. 4282 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT (SPA 11592-2019) AMENDING SECTION 2.2.1.A DOWNTOWN CORE SEGMENT SIGN City of Pomona Page 8 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency REGULATIONS OF THE POMONA CORRIDOR’S SPECIFIC PLAN TO ALLOW MONUMENT AND GROUND SIGNS Attachments: Staff Report Attachment 1 - CC Ordinance 4282 Attachment 2 - Public Hearing Notice Attachment 3 - PC Staff Report and Attachments Attachment 4 - Locational Map 11. Introduction and First Reading of Repeals and Amendments of Various Ordinances Pertaining to Commercial Cannabis Related Activity in the City of Pomona It is recommended that the City Council introduce, waive further and give first reading to the following ordinances: ORDINANCE NO. 4283 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING THE PORTIONS OF ORDINANCE NO. 4096 WHICH PROHIBITS THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES CITYWIDE ORDINANCE NO. 4284 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING ORDINANCE NO. 4215, WHICH PROHIBITS MARIJUANA CULTIVATION CITYWIDE ORDINANCE NO. 4285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING ORDINANCE NO. 4241, WHICH PROHIBITS COMMERICAL CANNABIS CITYWIDE ORDINANCE NO. 4286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINIDNG ORDINANCE NO. 4217, WHICH PROHIBITS MARIJUANA DELIVERIES CITYWIDE ORDINANCE NO. 4287 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING ORDINANCE NO. 4242, TO CLARIFY DEFINITIONS PERTAINING TO CANNABIS CULTIVATION CITYWIDE City of Pomona Page 9 Printed on 2/25/2020 City Council / Housing Authority / Regular Meeting Agenda March 2, 2020 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attach. 1: Draft Amendment of Ordinance No. 4096 Attach. 2: Draft Repeal of Ordinance No. 4215 Attach. 3: Draft Repeal of Ordinance No. 4241 Attach. 4: Draft Repeal of Ordinance No. 4217 Attach. 5: Draft Amendment of Ordinance No. 4242 Attach. 6: Public Hearing Notice Attach 7: Ordinance No. 4096 Attach. 8: Ordinance No. 4215 Attach. 9: Ordinance No. 4241 Attach. 10: Ordinance No. 4217 Attach. 11: Ordinance No. 4242 MATTERS INITIATED BY CITY COUNCILMEMBERS Items for future City Council consideration as requested by Mayor or Members of the City Council ADJOURNMENT The next Regular Meeting will be held on March 16, 2020 in the City Council Chambers, 505 S. Garey Avenue, Pomona, California. Closed Session items will be discussed at 5:30 p.m. The Open Session will commence at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Rosalia A. Butler, MMC, City Clerk for the City of Pomona, hereby certify that the agenda for the March 2, 2020 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers and City Council Conference Room, and on the City’s website www.ci.pomona.ca.us on February 25, 2020. I declare under the penalty of perjury that the foregoing is true and correct. ____________________ Rosalia A. Butler, MMC City Clerk City of Pomona Page 10 Printed on 2/25/2020