City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, May 2, 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 May 2, 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 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 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 1. A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: (APN No’s: 8336-026-904 & 8336-026-905) Negotiating Parties: City of Pomona Successor Agency to the Redevelopment Agency - Kirk Pelser City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms B) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Edil Vazquez and Steve Congalton v. City of Pomona L.A. County Superior Court; Case No. 20STCV15371 Chad Jensen and Michael Neaderbaomer v. City of Pomona L.A. County Superior Court; Case No. 20STCV17625 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE City of Pomona Page 3 Printed on 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 2022 Successor Agency to the Redevelopment Agency ROLL CALL PRESENTATIONS 1. Proclamation Proclaiming May 2022 as Historic Preservation Month 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 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 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: April 18, 2022 Meeting Minutes 2. Creation of the Preserve Pomona Awards for Historic Preservation It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE PRESERVE POMONA AWARDS PROGRAM FOR HISTORIC PRESERVATION 3. Approve Amendment No. 1 with Pinnacle Environmental Technologies for the “Underground Storage Tanks” Project It is recommended that the City Council take the following actions: 1) Approve Amendment No. 1 to the purchase order #203250 with Pinnacle Environmental Technologies in the amount of $18,054, (for a total of $72,879 for professional services to abandon and install new monitoring wells for Brackett Field Pomona police Heliport), for the CIP Project “Underground Storage Tanks - Work and Removal Plans,” Project No. 428-2590-XXXXX-71061; and 2) Authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 1. 4. Award of Construction Contract to R.E. Schultz Construction, Inc. for “Park Improvements - ADA Accessibility Rubberized Playground Surfacing Replacement” and Adopt a Resolution Appropriating $108,000 of General Fund Reserves It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-76 - A RESOLUTION OF THE CITY COUNCIL OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $108,000 OF GENERAL FUND RESERVES TO “PARK IMPROVEMENTS - ADA ACCESSIBILITY RUBBERIZED PLAYGROUND SURFACING REPLACEMENT,” PROJECT NO. 428-2590-XXXXX-71074 2) Award a construction contract to R. E. Schultz Construction, Inc. for “Park Improvements - ADA Accessibility Rubberized Playground Surfacing Replacement,” Project No. 428-2590-XXXXX-71074 in the amount of $309,040; City of Pomona Page 5 Printed on 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 2022 Successor Agency to the Redevelopment Agency and 3) Authorize the City Manager, or designee, to execute the construction contract as well as all related documents (permits, etc.). 5. Adoption of a Resolution Amending the Schedule for Conducting Citywide Yard Sales It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING THE SCHEDULE FOR CONDUCTING CITYWIDE YARD SALES 6. Approval of Tract Map TM No. 82522 for the Property Located at 1626-1630 W. Mission Boulevard, Pomona, CA, Assessor Parcel Numbers 8349-002-047, -048, and 8349-003-057, Including the Vacation of a Portion of a Public Alley, Related to the Subdivision and Development of a 24-Unit Residential Condominium Project (Council District 5) It is recommended that the City Council take the following actions: 1) Adopt the following Resolution: RESOLUTION NO. 2022-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 82522 FOR THE PROPERTY LOCATED AT 1626-1630 W. MISSION BOULEVARD, INCLUDING THE VACATION OF A PORTION OF A PUBLIC ALLEY ASSESSOR PARCEL NUMBERS 8349-002-047, -048, AND 8349-003-057 2) Authorize the City Engineer to sign the Tract Map TM No. 82522 on behalf of the City. 7. Adoption of Resolutions Accepting the Donation of One (1) New Police Facility K-9 from Canine Companions and Authorizing a Side Letter Agreement with Teamsters Local 1932 Regarding Canine Handling Compensation It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2022-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE DONATION OF ONE (1) NEW POLICE FACILITY K-9 IN AN IN-KIND AMOUNT OF $50,000 FROM CANINE COMPANIONS RESOLUTION NO. 2022-83 - A RESOLUTION OF THE CITY COUNCIL OF THE City of Pomona Page 6 Printed on 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 2022 Successor Agency to the Redevelopment Agency CITY OF POMONA, CALIFORNIA, AUTHORIZING A SIDE LETTER AGREEMENT TO THE 2021-2023 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA CITY EMPLOYEES’ CHAPTER OF THE TEAMSTERS LOCAL 1932 IMPLEMENTING CANINE PAY PROVISIONS 8. Approve Amendment No. 2 to the Agreement with the Middle Santa Ana River Total Maximum Daily Load Task Force It is recommended that the City Council take the following actions: 1) Approve Amendment No. 2 to the agreement with the Middle Santa Ana River Total Maximum Daily Load; and 2) Authorize the City Manager to execute the amendment on behalf of the City, subject to review by the City Attorney. 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 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 of an Ordinance Amending the Pomona City Code to Add “Large-Vehicle Parking Regulations” to Chapter 58 of the Code It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4315 - AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58, ARTICLE V, OF THE POMONA CITY CODE TO ADD DIVISION 2.5 “LARGE-VEHICLE PARKING REGULATIONS” PUBLIC HEARINGS 11. Public Hearing Introducing an Ordinance Enacting a Military Equipment Use Policy as Required by Assembly Bill 481 It is recommended that the City Council take the following actions: City of Pomona Page 7 Printed on 4/26/2022 City Council / Housing Authority / Regular Meeting Agenda May 2, 2022 Successor Agency to the Redevelopment Agency 1) Conduct public hearing and receive public testimony; and 2) Introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4316 - AN ORDINANCE OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 (“EMERGENCY MANAGEMENT AND EMERGENCY SERVICES”) OF THE CITY OF POMONA CITY CODE BY ADDING DIVISION 5 (“MILITARY EQUIPMENT USE POLICY”) TO ARTICLE IV (“POLICE DEPARTMENT”), GOVERNING THE USE OF MILITARY EQUIPMENT BY THE POMONA POLICE DEPARTMENT ADJOURNMENT The next Regular Meeting will be held on May 16, 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 May 2, 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 26, 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 4/26/2022