City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, March 7, 2022 7:00 PM Closed Session begins at 5:30 p.m. Via Teleconference City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Vice-Mayor Robert S. Torres Councilmember John Nolte Councilmember Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro 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 7, 2022 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.pomonaca.gov. 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. Via Teleconference City of Pomona Page 2 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency CLOSED SESSION Via Teleconference CALL TO ORDER PUBLIC COMMENT Public Participation - In response to the global COVID-19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2022-32 adopted February 28, 2022 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time . Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. CLOSED SESSION AGENDA ITEMS A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Citizens for Amending Prop L v. City of Pomona Case No. 19STCO00482 B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION AND/OR EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9 (d)(2)) Two (2) Cases 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Proclaiming March 2022 as “American Red Cross Month” in the City of Pomona City of Pomona Page 3 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency Attachments: American Red Cross Month March 2022 Proclamation Proclaiming March 2022 as “National Nutrition Month” in the City of Pomona Attachments: March 2022 as National Nutrition Month Presentation by the San Gabriel Valley Regional Housing Trust MAYOR/COUNCILMEMBER 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. CITY MANAGER COMMUNICATIONS Reports from the City Manager. PUBLIC PARTICIPATION Public Participation - In response to the global COVID-19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2022-32 adopted February 28, 2022 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time . Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. 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. Adopt Resolution Amending FY 2021-22 CIP and Operating Budgets and Award a Contract to Pro-Craft Construction, Inc. for the Installation of Drinking Fountains It is recommended that the City Council take the following actions: 1) Approve the project, as described below, as being categorical exemption from CEQA pursuant to Section 15301; 2) Adopt the following resolution: RESOLUTION NO. 2022-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $7,895 OF CURBSIDE City of Pomona Page 4 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency BEVERAGE RECYCLING PROGRAM GRANT FUNDS FROM 582-2551 AND AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $245,000 FROM THE “ANNUAL WATER MAIN REPLACEMENTS,” PROJECT NO. 595-8125-XXXXX-95022; APPROPRIATING THE $245,000 OF WATER FUNDS AND $7,895 OF CURBSIDE BEVERAGE RECYCLING GRANT FUNDS TO “HYDRATION STATIONS UPGRADES,” PROJECT NO. 528-2590-XXXXX-71073; AND, UPDATING THE PROJECT DESCRIPTION 3) Award a construction contract to Pro-Craft Construction, Inc. for the installation of drinking fountains in the amount of $228,320; and 4) Authorize the City Manager to execute the contract and any amendments on behalf of the City, subject to review by the City Attorney. Attachments: CR - Adopt Reso and Award Contract Attachment No. 1 - Resolution No. 2022-40.doc Attachment No. 1, Exhibit A 2. Adopt a Resolution Amending the FY 2021-22 Operating Budget by Unappropriating $50,000 from 101-2530-52285-00000 and Amending the FY 2021-22 CIP Budget by Transferring and Appropriating this $50,000 of General Funds to the Partially Funded Capital Improvement Program (CIP) Project “Underground Storage Tanks - Work and Removal Plans,” Project No. 428-2590-XXXXX-71061 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $50,000 FROM 101-2530-52285-00000 AND AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BY TRANSFERRING AND APPROPRIATING THIS $50,000 OF GENERAL FUNDS TO THE PARTIALLY FUNDED CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT “UNDERGROUND STORAGE TANKS - WORK AND REMOVAL PLANS,” PROJECT NO. 428-2590-XXXXX-71061 Attachments: Staff Report Attachment 1 - Resolution Attachment 2 - CIP Sheet 3. Approve an Agreement with the California State Polytechnic (Cal Poly Pomona) University Police Department It is recommended that the City Council take the following actions: City of Pomona Page 5 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency 1) Approve an Agreement with the California State Polytechnic (Cal Poly Pomona) University Police Department for Access to the Pomona Police Department’s Radio System 2) Authorize the City Manager to execute the License Agreement and any related documents on behalf of the City, subject to approval as to form by the City Attorney. Attachments: Cal Poly Staff Report.docx Attachment no.1 - License Agreement 2022.docx 4. Authorization to Enter into a Development Impact Fee Deferral Agreement on Behalf of the City for the East End Village Housing Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FEE DEFERRAL OF APPROXIMATELY $1,800,000 MILLION DOLLARS FOR A 100% AFFORDABLE HOUSING PROJECT AT 1321 E. HOLT AVENUE FOR THE EAST END VILLAGE AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTATION EVIDENCING THE CITY’S APPROVAL OF THE FEE DEFERRAL AND A DEVELOPMENT IMACT FEE DEFERRAL AGREEMENT ON BEHALF OF THE CITY Attachments: 030722 CC - Staff Report 030722 Reso Re DIF-c1.DOCX Attch 2 CCF.pdf 5. Declaration of a City Owned Parking Lot (Vehicle Parking District Lot 2), Assessor’s Parcel Number 8336-021-901, as “Surplus Land” Pursuant to Government Code Section 54220 et. seq. (“SLA”); Approving a Form of Notice of Availability; and Authorizing the City Manager to Take All Actions in Compliance with the SLA It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DECLARING THAT A CITY OWNED PUBLIC PARKING LOT KNOWN AS VEHICLE PARKING DISTRICT LOT 2 (ASSESOR’S PARCEL NUMBER 8336-021-901) AS “SURPLUS LAND” PURSUANT TO THE SURPLUS LAND ACT, GOVERNMENT CODE SECTION 54220 ET SEQ.; APPROVING FORM OF NOTICE OF AVAILABILITY; AND AUTHORIZING THE CITY MANAGER AND HIS DESIGNEE(S) TO TAKE ALL ACTIONS NECESSARY TO COMPLY WITH THE SURPLUS LAND ACT City of Pomona Page 6 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency Attachments: 030722 SR CC Surplus 030722 CC SR RESOLUTON 030722 NOA Lot 2-c1.DOCX Attch 2 Lot 2.pdf 6. Approve Agreement with Draw Tap GIS, LLC. for Geographical Information Systems (GIS) Services It is recommended that the City Council take the following actions: 1) Approve a two-year agreement with Draw Tap GIS, LLC. for Citywide GIS Services in the amount not to exceed $1,235,037 beginning upon approval through June 30, 2024; and 2) Authorize the City Manager, or his designee, to execute the agreement and any amendments on behalf of the City, subject to review by the City Attorney. Attachments: 1-Staff Report Attachment 1 - DRAW TAP DISCUSSION CALENDAR 7. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds It is recommended that the City Council take the following actions: 1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit 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 FOPB Attachments 8. Introduction and First Reading of an Ordinance Eliminating Section 46-15 of the Pomona City Code to Allow Placement of Curbside Mailboxes It is recommended that the City Council take the following actions: 1) Introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4312 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ELIMINATING SECTION 46-15 OF THE POMONA CITY CODE REGARDING PLACEMENT OF MAILBOXES City of Pomona Page 7 Printed on 3/1/2022 City Council / Housing Authority / Regular Meeting Agenda March 7, 2022 Successor Agency to the Redevelopment Agency 2) Waive the encroachment permit processing fees for existing mailbox locations that are within the public right-of-way. Attachments: Staff Report Attachment No. 1 ADJOURNMENT The next Regular Meeting will be held on March 21, 2022 via teleconference. 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 7, 2022 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.pomonaca.gov on March 1. 2022. I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC City Clerk City of Pomona Page 8 Printed on 3/1/2022