City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, March 21, 2022 7:00 PM Closed Session begins at 5:30 p.m. Via Teleconference - "Zoom Webinar" 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 21, 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 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 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 1. A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Armory Parking Lot at N/E corner of 7th Street and Park Avenue (APN: 8341-011-906) Negotiating Party: State of California, Department of General Services City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL 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. City of Pomona Page 3 Printed on 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 2022 Successor Agency to the Redevelopment Agency 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. 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: February 28, 2022 Meeting Minutes March 7, 2022 Meeting Minutes Attachments: FINAL MINUTES 2-28-2022.pdf FINAL MINUTES 3-7-2022.pdf 2. Second Reading and Adoption of Ordinance Eliminating Section 46-15 of the Pomona City Code to Allow Placement of Curbside Mailboxes It is recommended that the City Council adopt 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 TO ALLOW CURBSIDE MAILBOXES Attachments: Staff Report Attachment No. 1 - Proposed Ordinance No. 4312 Attachment No. 2 3. Amending the Fiscal Year (FY) 2021-22 City Operating Budget to Increase Revenue Estimates and Appropriations in the Amount of $2 Million for the Healthy Homes Production Grant Program City of Pomona Page 4 Printed on 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 2022 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022- 43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2021-22 CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $2,000,000 FOR THE HEALTHY HOMES PRODUCTION GRANT PROGRAM 2) Authorize the City Manager, or his designee, to negotiate and execute all related documents to receive the grant funds and implement the funded activities. Attachments: Staff Report - Receive and Appropriate Healthy Homes Funds Attachment 1 - Resolution 2022-43 4. Amendment of the FY 2021-22 Capital Improvement Program (CIP) Budget by Closing Completed Projects and Re-Appropriating Unexpended Funds and Creating a New CIP Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CLOSING COMPLETED PROJECTS, RELEASING $830,982 OF UNEXPENDED FUNDS, RE-APPROPRIATING $682,312 OF UNEXPENDED FUNDS, AND CREATING A NEW PROJECT “VPD - PARKING LOTS REHABILITATION II,” PROJECT NO. 428-2590-XXXXX-71081 Attachments: Staff Report Attachment 1 - Resolution Attachment 2 - Exhibit A to Attachment 1 Attachment 3 - CIP Sheet VPD 5. Approve Purchase of Aerial Lift Truck It is recommended that the City Council approve the purchase of an aerial lift truck from Commerce Truck and Equipment Sales, LLC. Attachments: Staff Report 6. Approve Amendment No. 1 to the Agreement with EnSafe, Inc. for Engineering Services for the “Water Resources Building” Project It is recommended that the City Council take the following actions: City of Pomona Page 5 Printed on 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 2022 Successor Agency to the Redevelopment Agency 1) Approve Amendment No. 1 to the agreement with EnSafe, Inc. in the amount of $78,432, (for a total of $146,292 for professional Civil Engineering Services; SUSMP & Grading Plans for 198 N. Hamilton Boulevard), for the CIP project “Water Resources Building” Project No. 575-8125-XXXXX-93135; and 2) Authorize the City Manager, or designee, to execute any agreements necessary to complete the EnSafe, Inc. amendment, contingent upon City Attorney review. Attachments: Staff Report - First Amendment to EnSafe Professional Service Contract.docx Attachment No. 1 - 1st Amendment for Consultant Services-c1.pdf 7. Amendment of the FY 2021-22 Capital Improvement Program (CIP) Budget by Closing Completed Projects and Un-Appropriating Unexpended Funds It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2022-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CLOSING COMPLETED PROJECTS, RELEASING AND UN-APPROPRIATING UNEXPENDED FUNDS IN THE TOTAL AMOUNT OF $512,058 Attachments: Staff Report - WRD Closure of CIP Projects.docx Attachment 1 - Resolution.docx Exhibit A.pdf 8. Declaration of City Owned Property (The “Downtown Opportunity Site”) as Exempt “Surplus Land” Pursuant to Government Code Section 54221 (“SLA”) and approving The Form of Request for Qualifications/Proposals It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, (I) DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY, COMMONLY KNOWN AS THE DOWNTOWN DEVELOPMENT OPPORTUNITY SITE, IS EXEMPT SURPLUS LAND, (II) APPROVING THE FORM OF REQUEST FOR QUALIFICATIONS/PROPOSALS (RFQ/P) AND PROCESS GENERALLY; (III) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO MARKET THE SUBJECT SITE; AND (IV) FINDING THAT THE FOREGOING ACTIONS ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT City of Pomona Page 6 Printed on 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 2022 Successor Agency to the Redevelopment Agency Attachments: 032122 SR CC Surplus Land Declarartion for VPD Lots 6 & 7-c1.DOCX 032122 Reso re Exempt Surplus and Approval of RFQ for Downtown Development Site-c1.DOCX Exhibit A to Reso NOA Pomona Downtown Site RFQ SLA (BBK rev 3-3-22)-c1.DOC RFQ Final.pdf RFP.docx 9. Adoption of Resolution to Continue Virtual Meetings for City Council and City Boards, Commissions and Committees through April 17, 2022 due to the COVID-19 Pandemic Pursuant to Assembly Bill 361 and Resume In-Person Meetings after that Date It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS THROUGH APRIL 17, 2022 Attachments: Virtual Meetings Staff Report 3-21-2022.docx Virtual Meeting Att 1 Reso No. 2022-56.docx DISCUSSION CALENDAR 10. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds It is recommended that the City Council take the following actions: 1) Approve the expenditure(s) recommended and make the finding that the community at large will receive a public benefit 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 11. Fiscal Year 2021-22 General Fund Mid-Year Budget Review It is recommended that the City Council take the following actions: 1) Review the Fiscal Year (FY) 2021-22 General Fund Mid-Year Budget Report; and 2) Adopt the following resolution: RESOLUTION NO. 2022-51 - A RESOLUTION OF THE CITY COUNCIL OF City of Pomona Page 7 Printed on 3/15/2022 City Council / Housing Authority / Regular Meeting Agenda March 21, 2022 Successor Agency to the Redevelopment Agency THE CITY OF POMONA, CALIFORNIA, Amending the Fiscal Year 2021-22 Operating Budget AND AMENDING THE FY 2021-22 AUTHORIZING STAFFING LEVELS Attachments: V1 final_mid year 21-22-andrew.docx attach 1_Reso 2022-51 mid year.doc exhibit A to Resolution attach 1 03-14-22 v2.pdf FY 2021-22 mid year_preview presentation v2.pdf ADJOURNMENT The next Regular Meeting will be held on April 4, 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 21, 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 15, 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 3/15/2022