City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 18, 2022 7:00 PM Closed Session begins at 5:30 p.m. Council Chambers 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 18, 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. 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. 5:30 P.M. In the Closed Session Room CLOSED SESSION City of Pomona Page 2 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency 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. Public comments for Closed Session may also be submitted via email to cityclerk@pomonaca.gov by 4:00 p.m. the day of the Council meeting. Comments must be limited to 200 words. Emailed comments will be read into the record by the City Clerk. CLOSED SESSION AGENDA ITEMS A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Palm Lake (APN No’s: 8343-016-013, 8343-016-001 & 8343-017-900) Negotiating Parties: 1500 Phillips LLC City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms ___________________________________________________________________ ___ Property: 501 East Mission Blvd. Block (APN No’s: 8335-014-907, 8335-014-910, 8335-014-915, 8335-014-916, 8335-014-919, 8335-014-920 , 8335-014-921) Negotiating Parties: National Community Renaissance - CORE City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT City of Pomona Page 3 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Proclaiming April 2022 as “DMV/Donate Life California 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 – 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. Public comments may also be submitted via email to cityclerk@pomonaca .gov by 6:00 p.m. the day of the Council meeting. Comments must be limited to 200 words. Emailed comments will be read into the record by the City Clerk. 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 City of Pomona Page 4 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes: March 30, 2022 Special Meeting Minutes April 4, 2022 Meeting Minutes 2. Second Reading and Adoption of an Ordinance Amending Article XII of the Pomona City Code Pertaining to Yard Sales It is recommended that the City Council adopt 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 3. Second reading and adoption of an Ordinance Adopting a Specific Plan Amendment (SPA 16021 2021) It is recommended that the City Council adopt at second reading Ordinance No.4314: 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 4. Adopt a Resolution Amending the FY 2021-22 CIP Budget by Creating a New Project, “Pomona Transit Center ADA Improvements” It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “POMONA TRANSIT CENTER ADA IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67938 AND BY APPROPRIATING $600,000 OF GENERAL FUND RESERVES TO THE NEW PROJECT 5. Resolution Authorizing DTA as the Engineer of Record for FY 2022-23 and Ordering the Preparation of the 2022-23 Engineer’s Report for the Consolidated Citywide Street Lighting and Landscaping Maintenance District City of Pomona Page 5 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2022-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING DAVID TAUSSIG AND ASSOCIATES, INC. D/B/A DTA AS THE ENGINEER OF RECORD FOR FY 2022-23 AND ORDERING THE PREPARATION OF THE 2022-23 ENGINEER’S REPORT FOR THE CONSOLIDATED CITYWIDE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT 6. Adopt a Resolution Amending the FY 2021-22 CIP Budget by Creating a New Project, “Holt Avenue Corridor Improvements” It is recommended that the City Council take the following actions: 1) Adopt the following Resolution: RESOLUTION NO. 2022-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT “HOLT AVENUE CORRIDOR IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-68575, ACCEPTING CLEAN CALIFORNIA LOCAL GRANT FUNDS AND INCREASING REVENUE ESTIMATES AND APPROPRIATING $4,922,041 OF CLEAN CALIFORNIA LOCAL GRANT PROGRAM FUNDS AND APPROPRIATING $100,000 OF AVAILABLE MEASURE M FUNDS TO THE NEW PROJECT 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. 7. Adoption of a Resolution Adopting the Annual Consumer Price Index (CPI) Adjustment for Business License Taxes, Utility Users’ Maximum Annual Taxes, and Income Levels for Qualifying for Residential Utility Users’ Tax Exemption Eligibility It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING THE ANNUAL CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR BUSINESS LICENSE TAXES, UTILITY USERS’ MAXIMUM ANNUAL TAXES, AND INCOME LEVELS FOR RESIDENTIAL UTILITY USERS’ TAX EXEMPTION ELIGIBILITY 8. Approving an Agreement with the Los Angeles County Fair Association for Law Enforcement Services for the 2022 Los Angeles County Fair City of Pomona Page 6 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 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. 2022-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE LOS ANGELES COUNTY FAIR ASSOCIATION FOR LAW ENFORCEMENT SERVICES FOR THE 2022 LOS ANGELES COUNTY FAIR IN THE AMOUNT OF $650,575, AND AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES BY $650,575 AND APPROPRIATING $555,068 IN THE GENERAL FUND 2) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval by the City Attorney. 9. Adopt a Resolution Amending the Capital Improvement Program (CIP) FY 2021-22 Budget Creating Two Projects; Reject All Construction Bids for “Mission Boulevard Rehabilitation,” Project No. 428-68574; and, Authorize Staff to Revise Scope of Work, and Re-Bid Projects It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA (CITY), CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY: CREATING TWO NEW PROJECTS: “BUENA VISTA AVENUE REHABILITATION - MISSION BOULEVARD TO 9TH STREET,” PROJECT NO. 428-2590-XXXXX-68576 AND “PHILADELPHIA STREET REHABILITATION - FROM SAN ANTONIO AVENUE TO EAST CITY LIMIT,” PROJECT NO. 428-2590-XXXXX-68577; UNAPPROPRIATING $246,958 OF SERIES “BI (AX/AI)” BOND PROCEEDS FROM AND CLOSING COMPLETED CIP PROJECT, “STREET AND ALLEY REHABILITATION IMPROVEMENTS - DISTRICT 3,” PROJECT NO. 428-2590-XXXXX-71051; UNAPPROPRIATING $500,000 OF MEASURE M FUNDS FROM “MAJOR STREET REHABILITATION - 2015 METRO CALL,” PROJECT NO. 428-2590-XXXXX-67918; INCREASING REVENUE ESTIMATES AND APPROPRIATING $370,000 OF DISTRICT 2 ARPA CLFR FUNDS TO “BUENA VISTA AVENUE REHABILITATION - MISSION BOULEVARD TO 9TH STREET,” PROJECT NO. 428-2590-XXXXX-68576; INCREASING REVENUE ESTIMATES AND APPROPRIATING $500,000 OF DISTRICT 3 ARPA CLFR FUNDS AND APPROPRIATING $246,958 OF City of Pomona Page 7 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency SERIES “BI (AX/AI)” BOND PROCEEDS TO “PHILADELPHIA STREET REHABILITATION - FROM SAN ANTONIO AVENUE TO EAST CITY LIMIT,” PROJECT NO. 428-2590-XXXXX-68577; AND, APPROPRIATING $500,000 OF MEASURE M FUNDS TO “MISSION BOULEVARD REHABILITATION - WHITE AVENUE TO TOWNE AVENUE,” PROJECT NO. 428-2590-XXXXX-68574, AND MODIFYING THE PROJECT DESCRIPTION; and 2) Reject all bid proposals for construction of “Mission Boulevard Rehabilitation - White Avenue to Towne Avenue,” Project No. 428-2590-XXXXX-68574 (All Base Bids and Additive Alternates 1, 2, 3, 4 & 5); 3) Authorize staff to revise the scope of work; and 4) Authorize staff to re-/bid projects for Mission Boulevard, Buena Vista Avenue, and Philadelphia Street. 10. Award of Contract to Service 1st for Aquatic Maintenance Services for the City of Pomona It is recommended that the City Council take the following actions: 1) Award a contract to Service 1st for a three-year agreement, with two one-year renewal options for a not-to-exceed amount of $155,232 annually; and 2) Authorize the City Manager to execute the three-year agreement with two one-year renewal options with Service 1st to provide aquatic maintenance services for the City. 11. Adoption of Resolutions to Add and Restructure Positions in the Traffic Signal and Street Light Maintenance Division of the Public Works Department It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2022-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA CITY EMPLOYEES’ CHAPTER OF THE TEAMSTERS LOCAL 1932 BY ADDING THE CLASSIFICATIONS OF SIGNAL/LIGHTING TECHNICIAN I AND II AND ADDING ONE (1) POSITION TO AUTHORIZED STAFFING LEVELS RESOLUTION NO. 2022-69 - A RESOLUTION OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA MID-MANAGEMENT / CONFIDENTIAL City of Pomona Page 8 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency EMPLOYEES’ ASSOCIATION AND AMENDING THE PUBLIC WORKS DEPARTMENT AUTHORIZED STAFFING LEVELS FOR THE FISCAL YEAR 2021-22 OPERATING BUDGET TO RECLASSIFY TRAFFIC OPERATIONS CREW CHIEF TO SIGNAL AND LIGHTING SUPERVISOR AND DELETE OBSOLETE CLASSIFICATIONS RESOLUTION NO. 2022-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2021-22 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO REFLECT CHANGES TO CERTAIN SIGNAL/LIGHTING CLASSIFICATIONS 12. Authorizing the Submittal of a Joint Application to the State of California for the Participation in the Homekey Program It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, Authorizing THE SUBMITTAL OF A JOINT APPLICATION TO THE STATE OF CALIFORNIA FOR THE PARTICIPATION IN THE HOMEKEY PROGRAM 2) Authorize the City Manager to execute contract award, amendment, and other documentation. 13. Adoption of a Resolution Accepting $4,000 in Miscellaneous Library Mini-Grant Funds and Amending Fiscal Year (FY) 2021-22 Operating Budget It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING $4,000 IN MISCELLANEOUS MINI-GRANT FUNDS FROM THE CALIFORNIA STATE LIBRARY AND THE SOUTHERN CALIFORNIA LIBRARY COOPERATIVE AND AMENDING FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING THE SAME AMOUNT DISCUSSION CALENDAR 14. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds City of Pomona Page 9 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency 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. PUBLIC HEARINGS 15. Public Hearing for Approval of Nuisance Abatement Expense Report and Placement of Lien for 2380 N. Garey Ave., Pomona, CA 91767 It is recommended that the City Council conduct a public hearing on the Nuisance Abatement Expense Reports and adopt the following resolution: RESOLUTION NO. 2022-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CONFIRMING THE REPORT OF NUISANCE ABATEMENT COSTS FOR PROPERTY LOCATED AT 2380 N. GAREY AVE., POMONA, CA, 91766 (APN: 8366-014-036) (OWNER: WHITE AVENUE PLAZA, LLC.), ORDERING PAYMENT THEREOF, (AMOUNT: $14,833.00), AND DIRECTING THE CITY CLERK TO CAUSE A LIEN TO BE RECORDED AND SPECIAL ASSESSMENT ENTERED AGAINST SAID PROPERTY, PURSUANT TO POMONA CITY CODE SECTION .6001 AND/OR SECTION 74-197 16. Public Hearing Approving the HOME-American Rescue Plan (HOME-ARP) Allocation Plan and Amend the Fiscal Year (FY) 2021-22 Annual Action Plan and FY 2021-22 City Operating Budget It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing 2) Adopt the following resolution: RESOLUTION NO. 2022-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE HOME-AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN AND AMENDING THE FY 2021-22 ANNUAL ACTION PLAN AND FY 2021-22 CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $3,190,091 FOR THE HOME-ARP PROGRAM City of Pomona Page 10 Printed on 4/12/2022 City Council / Housing Authority / Regular Meeting Agenda April 18, 2022 Successor Agency to the Redevelopment Agency 3) Authorize the City Manager to execute appropriate applications and certification documents for the HOME-ARP Allocation Plan for submittal to the U.S. Department of Housing and Urban Development (HUD). ADJOURNMENT The next Regular Meeting will be held on May 2, 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 18, 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 April 12, 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 11 Printed on 4/12/2022