City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 4, 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 April 4, 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 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 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. 2022-56 adopted March 21, 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 - PENDING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)) Julian Shelby Bryant, a minor, By and Through His Guardian Ad Litem, Rochelle Bryant and Jerry Bryant vs. City of Pomona; and Foothill Transit and DOES 1 to 20; City of Pomona vs. James Edward Reed, Jr. Foothill Transit; and ROES 1 through 20, Inclusive Superior Court Case No. 19STCV46308 B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)) Chino Basin Municipal Water District vs. City of Chino, et al. San Bernardino County Superior Court Case No. RCVRS 51010 C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Palm Lake (APN No’s: 8343-016-013 & 8343-016-001) Negotiating Parties: 1) Chino Development League 2) 1500 Phillips LLC City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms D) CONFERENCE WITH LABOR NEGOTIATORS City of Pomona Page 3 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency (Pursuant to Government Code Section 54957.6) Part Time Unrepresented Employees Part Time General Employees Unit Unrepresented Group A and B Employees Unrepresented Mid-Management Group C-2 Employees Pomona City Employees’ Association, a Chapter of Teamsters Local 1932 Pomona Mid-Management Confidential Employees Association (PMMCEA) Pomona Police Officers Association (PPOA) Pomona Police Managers Association (PPMA) Labor Negotiators: James Makshanoff and Linda Matthews 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Proclaiming April 2022 as “Acts of Kindness Month” in the City of Pomona 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. 2022-56 adopted March 21, 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. City of Pomona Page 4 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency 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: March 21, 2022 Meeting Minutes 2. Adopt a Resolution Amending the FY 2021-22 Capital Improvement Program (CIP) Budget By Reappropriating $40,000 of Measure R Funds and $122,427 of Series “BI (AX/AI)” Bond Proceeds Funds; Award of Construction Contract to Gentry Brothers, Inc . In the Amount of $2,335,606 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND UNAPPROPRIATING $40,000 OF MEASURE R FUNDS AND $122,427 OF SERIES “BI (AX/AI)” BOND PROCEEDS FUNDS FROM “STREET IMPROVEMENTS - DISTRICT 5,” PROJECT NO. 428-2590-XXXXX-71045, THEREBY CLOSING THE PROJECT, AND APPROPRIATING $40,000 OF MEASURE R FUNDS AND $122,427 OF SERIES “BI (AX/AI)” BOND PROCEEDS FUNDS TO “STREET PRESERVATION - LOCAL (FY 21-22),” PROJECT NO. 428-2590-XXXXX-68572 2) Award a construction contract to Gentry Brothers, Inc. for “Street Preservation - Local (FY 21-22),” Project No. 428-2590-XXXXX-68572 (All Base Bids and Additive Alternates) in the amount of $2,335,606; and 3) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and City of Pomona Page 5 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency 4) Authorize the City Manager, or designee, to execute the construction contract, as well as all related documents (permits, etc.). 3. Approval of Amended Overhead Street Banner and Park Banner Regulations It is recommended that the City Council approve the amended Overhead Street Banner and Park Banner Regulations 4. Authorize the Submittal of a Tri-City Mental Health Services Community Wellbeing Grant Application It is recommended that the City Council authorize staff to submit a Community Wellbeing Grant application through Tri-City Mental Health Services. 5. Adopt a Resolution Amending the FY 2021-22 Operating Budget for the Senior Citizen Nutrition Grant Fund and Accept Funds from LA County Elderly Nutrition Grant Program in the Amount of $172,941 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $172,941 AND ACCEPT FUNDS FROM THE LOS ANGELES COUNTY ELDERLY NUTRITION GRANT PROGRAM IN THE AMOUNT OF $172,941 2) Authorize the City Manager, or designee, to execute the amendment following review by the City Attorney. 6. Approval of Tract Map TM No. 74367 for the Property Located at 1198-1236 S. San Antonio Avenue, Pomona, CA, Assessor Parcel Numbers 8327-005-007 and -008, Related to the Subdivision and Development of a 14-Unit Residential Condominium Project (Council District 3) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 74367 FOR THE PROPERTY LOCATED AT 1198-1236 S. SAN ANTONIO AVENUE, ASSESSOR PARCEL NUMBERS 8327-005-007 AND -008 City of Pomona Page 6 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency 2) Authorize the City Engineer to sign the Tract Map TM No. 74367 on behalf of the City. 7. Approval of Summary Vacation VU2-2021 of the City’s Unused Sewer Easement Located within Block 83 of the Pomona Tract M.R. 03/90-91, Assessor Parcel Number 8341-010-050, Related to the Residential Development at 508 W. Mission Boulevard, Pomona, CA, and Approval of Quitclaim Deed for the Vacated Easement (Council District 2) It is recommended that the City Council take the following actions: 1) Adopt the following Resolution: RESOLUTION NO. 2022-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU2-2021 OF THE CITY’S UNUSED SEWER EASEMENT WITHIN BLOCK 83 OF THE POMONA TRACT M.R. 03/90-91, FOR THE PROPERTY LOCATED AT 508 W. MISSION BOULEVARD, ASSESSOR PARCEL NUMBER 8341-010-050, AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT; and 2) Authorize the City Manager to execute the quitclaim deeds on behalf of the City. 8. Consideration of a Finding of Public Convenience or Necessity (PCN) for an Off-Sale Beer & Wine License in Conjunction with a Convenience Market Located at 269 North Park Avenue. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY AS REQUIRED FOR AN OFF-SALE BEER AND WINE LICENSE (TYPE 20) IN CONJUNCTION WITH A CONVENIENCE MARKET LOCATED 269 N. PARK AVENUE DISCUSSION CALENDAR 9. 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 City of Pomona Page 7 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency 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. 10. Introduction and First Reading of an Ordinance Amending Article XII of the Pomona City Code Pertaining to Yard Sales It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4313 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION XII OF THE POMONA CITY CODE PERTAINING TO YARD SALES PUBLIC HEARINGS 11. Introduction and First Reading of an Ordinance Adopting a Specific Plan Amendment (SPA 16021-2021) 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. 4314 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA APPROVING A SPECIFIC PLAN AMENDMENT (SPA 16021-2021) AMENDING SECTION 2.3.2, TABLE 2-5 LAND USE MATRIX OF THE DOWNTOWN POMONA SPECIFIC PLAN TO ALLOW CONVENIENCE MARKETS BY-RIGHT AND ALCOHOL SALES (ON-SALE) AND ALCOHOL SALES (OFF-SALE) BY CONDITIONAL USE PERMIT WITHIN THE RESIDENTIAL MULTI-FAMILY DISTRICT ADJOURNMENT The next Regular Meeting will be held on April 18, 2022 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 April 4, 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 29, 2022. I declare under the penalty of perjury that the foregoing is true and correct. City of Pomona Page 8 Printed on 3/29/2022 City Council / Housing Authority / Regular Meeting Agenda April 4, 2022 Successor Agency to the Redevelopment Agency /s/ Rosalia A. Butler, MMC City Clerk City of Pomona Page 9 Printed on 3/29/2022