City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 3, 2023 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 John Nolte Councilmember Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro Councilmember Robert Torres 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 3, 2023 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 Chuck Bader Conference Room CLOSED SESSION City of Pomona Page 2 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency Held in the Chuck Bader 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. CLOSED SESSION AGENDA ITEMS A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (a) and (d)(1)) City of Pomona v. SQM North America Corporation U.S.D.C. No. 2:11-cv-00167-RGK-JEM Citizens for Amending Prop L, et al. v. City of Pomona, et al. Los Angeles County Superior Court Case No. 19STCP00482 James Suess v. City of Pomona Los Angeles County Superior Court Case No. 19PSCV00095 Edil Vazquez v. City of Pomona Los Angeles County Superior Court Case No. 20STCV15371 Chad Jensen v. City of Pomona Workers’ Compensation Appeals Board Case Nos. ADJ13362926 and ADJ13362927 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL City of Pomona Page 3 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency PRESENTATIONS Proclamation Recognizing April 2023 as Donate Life Month in the City of Pomona Attachments: 4.3 DMV Donate Life April 2023 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. Additionally, this is the time for Mayor and City Council to disclose on the record any contributions per Charter Section 1403. This section states “Prior to casting a vote on any contract, permit, or other matter requiring City Council approval where the applicant seeking approval is a person or business entity controlled by that person that has contributed more than five hundred dollars ($500) within the previous twelve (12) months to a Councilmember’s City election campaign committee, the Mayor or Councilmember receiving such contribution (s) shall disclose on the public record the receipt of said contribution(s). 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 in 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. 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 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 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 20, 2023 Meeting Minutes Attachments: FINAL MINUTES 3-20-2023.pdf 2. Approving an Agreement with the Los Angeles County Fair Association for Law Enforcement Services for the 2023 Los Angeles County Fair It is recommended that the City Council 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. Attachments: Staff Report-2023 LA Co. Fair Association Attachment No. 1 - Services Agreement FY 2023 3. Approve a Memorandum of Understanding and License Agreement between the City of Pomona and Just Us 4 Youth It is recommended that the City Council take the following actions: 1) Approve the Memorandum of Understanding and License Agreement between the City and Just Us 4 Youth, and; 2) Authorize the City Manager, or his designee, to execute the agreement on behalf of the City. Attachments: Staff Report - Approve MOU with JU4Y for Renacimiento Community Center License Agreement- Renacimiento Community Center - Just Us 4 Youth 2 21 23 draft-c1.docx 4. Adopt a Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) Budget By Releasing and Unappropriating $22,617 of Series “BE/BF” Water Bond Proceeds Funds From CIP “Street Preservation - Local Citywide (FY 19-20),” Project No. 428-2590-XXXXX-68561 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND UNAPPROPRIATING $22,617 OF SERIES “BE/BF” WATER BOND PROCEEDS FUNDS FROM CIP “STREET PRESERVATION - LOCAL CITYWIDE (FY 19-20),” PROJECT NO. 428-2590-XXXXX-68561 City of Pomona Page 5 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment 1 - Resolution 2023-47 5. Authorize the Acceptance of Fiscal Year (FY) 2022 Officer Wellness and Mental Health Grant from the Board of State and Community Corrections (BSCC) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING FISCAL YEAR (FY) 2022 OFFICER WELLNESS AND MENTAL HEALTH GRANT FROM THE BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE AMOUNT OF $105,313 AND AMENDING THE FY 2022-23 OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $105,313 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 as to form by the City Attorney. Attachments: Staff Report- BSSC Wellness Grant (002) Attachment No. 1 - Reso. 2023-51 6. Award a Contract to ELE Corp to Design, Implement, and Operate a Pomona-Based Community Learning Center, for an amount not to exceed $200,000 in American Rescue Plan Funds It is recommended that the City Council take the following actions: 1) Award a Contract to Education, Leadership, Enterprise (ELE) Corp to design, implement, and operate a Pomona-based Community Learning Center, for an amount not to exceed $200,000 in American Rescue Plan funds; 2) Authorize the City Manager to execute the contract and all necessary documents, amendments, and extensions, subject to approval by the City Attorney. Attachments: Staff Report - Award of Contract to ELE Corp for Learning Center Services 7. Amendment of the FY 2022-23 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: City of Pomona Page 6 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2023-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CLOSING COMPLETED PROJECTS, RELEASING $602,433 OF UNEXPENDED FUNDS, RE-APPROPRIATING $504,375 OF UNEXPENDED FUNDS, AND CREATING A NEW PROJECT “TRAFFIC OPERATIONS - COMMUNICATION UPGRADE II,” PROJECT NO. 428-2590-XXXXX-68581 Attachments: Staff Report Attachment 1 - Resolution Exhibit A to Resolution Attachment 2 - CIP Details Sheet 8. Adopt a Resolution to Amend the FY 2022-23 Operating Budget by Reducing the San Gabriel Valley Council of Governments Homeless Grant Award and Correct Fund and Project Account Code It is recommend that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FY 2022-23 OPERATING BUDGET BY REDUCING THE TOTAL OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) HOMELESS GRANT AWARD AND CORRECT FUND AND PROJECT CODE 2) Authorize the City Manager to execute the memorandum of understanding, contracts, and other documentation requested for acceptance and implementation of grant awards, subject to approval as to form by the City Attorney. Attachments: Staff Report - SGVCOG Homeless Grant Award.docx Attachment No. 1_Resolution 2023-48.docx 9. Approve an Agreement with Southern California Edison and Los Angeles County for the Construction and Acquisition of Electric Vehicle Charging Stations at Palomares Park It is recommended that the City Council take the following actions: 1) Approve an agreement with Southern California Edison to participate in the “Charge Ready Charging Infrastructure and Rebate” program which includes the construction of necessary electrical infrastructure and equipment necessary for electric vehicle charging stations at Palomares Park; City of Pomona Page 7 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency 2) Approve participation in the Los Angeles County “Public Power-Up” program for the acquisition of electric vehicle charging stations at Palomares Park; and 3) Authorize the City Manager, or designee, to approve the agreement and any amendments, subject to approval to form by the City Attorney. Attachments: SR - SCE Charge Ready_Palomares Park.docx Attach 1 SCE Draft Agrmt.pdf 10. Approval of a Real Property Purchase and Sale Agreement and Joint Escrow Instructions for Sale 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”) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH PATTI MAHAFFEY TRUST FOR THE SALE OF CERTAIN REAL PROPERTY CONSISTING OF A CITY OWNED PUBLIC PARKING LOT KNOWN AS VEHICLE PARKING DISTRICT LOT 2 (ASSESSOR’S PARCEL NUMBER 8336-021-901) AND FINDING SAID ACTION CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW Attachments: 040323CC rpt sale of Lot 2 SLA.docx attch 1.pdf Attch 2-4.pdf 11. Adopt a Resolution Amending the FY 2022-23 Revenues and Appropriations for the General Fund and Traffic Offender Fund by Appropriating $20,000 in Prop C Grant Funds and $23,000 of ARP Funds for the Heart of the Foothills Event It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING THE REVENUE ESTIMATES AND APPROPRIATIONS IN THE GENERAL FUND ($7,000) AND TRAFFIC OFFENDER FUND ($13,000) FOR RECEIPT OF $20,000 IN PROP C GRANT FUNDS 2) Authorize the use of an additional $23,000 of ARP funds (Health and Wellness) for the Heart of the Foothills event. City of Pomona Page 8 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment No. 1 DISCUSSION CALENDAR 12. Introduction of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING CHAPTER 75 TO THE POMONA CITY CODE RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS Attachments: Staff Report - AB 1236 Ordinance-c1.docx Attachment 1 - Ordinance Attachment 2 - EV Permit Checklists Attachment 3 -Presentation 13. Approval of Salary Increase for the City Clerk It is recommended that the City Council approve a six (6%) pay increase effective December 4, 2022 for City Clerk Rosalia Butler within the existing salary range for the position of City Clerk. Attachments: Staff Report - City Clerk Salary Increase.docx 14. 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. Attachments: FOPB Staff Report Attachments 15. Introduction and Adoption of Urgency Ordinance Amending Urgency Ordinance No. 4320 Related to Relocation Assistance and Finding the Ordinance is Exempt from the California Environmental Quality Act City of Pomona Page 9 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency It is recommended that the City Council introduce and adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4329 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING URGENCY ORDINANCE NO. 4320 RELATED TO RELOCATION ASSISTANCE AND FINDING THE ORDIANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Attachments: Staff Report-c1.docx Attachment No. 1 Proposed Urgency Ordinance-c1.docx Attachment No. 2 Urgency Ord. No. 4320.pdf PUBLIC HEARINGS 16. Public Hearing to Consider Adoption of a Resolution Confirming the Ballot Results to Determine Whether a Majority Protest Exists in the Proceedings to Form the Phillips Ranch Landscaping and Lighting Maintenance Assessment District; and Adoption of One of Two Resolutions Declaring the Ballot Results and Approving Certain Actions It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing regarding the levy of Fiscal Year 2023-24 assessments and receive final ballot submissions for the proposed Phillips Ranch Landscaping and Lighting Maintenance Assessment District; 2) After receiving public comments, testimony, and final ballots, close the Public Hearing and order the tabulation of ballots to be conducted in the Chuck Bader Conference Room; and 3) Confirm the ballot results to determine whether a majority protest exists in the proceedings to form the Phillips Ranch Landscaping and Lighting Maintenance Assessment District; and adopt one of two attached resolutions declaring the ballot results either in favor of the assessment or confirming the existence of a majority protest as follows: RESOLUTION NO. 2023-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA DECLARING THE RESULT OF THE PHILLIPS RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT BALLOT PROCEEDING AND APPROVING CERTAIN ACTIONS; or RESOLUTION NO. 2023-50 - A RESOLUTION OF THE CITY COUNCIL OF City of Pomona Page 10 Printed on 3/29/2023 City Council / Housing Authority / Regular Meeting Agenda April 3, 2023 Successor Agency to the Redevelopment Agency THE CITYOF POMONA DECLARING THE RESULT OF THE PHILLIPS RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT BALLOT PROCEEDINGS AND ABANDONING PROCEEDINGS TO FORM THE DISTRICT Attachments: Staff Report Attachment 1 - Resolution 2023-49 Attachment 2 - Resolution 2023-50 Attachment 3 - Pomona Phillips Ranch Engineers Report Attachment 4 - Public Hearing Notice PR ADJOURNMENT The next Regular Meeting will be held on April 17, 2023 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 3, 2023 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers and the Chuck Bader Conference Room, and on the City’s website www.pomonaca.gov on March 29, 2023. 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 3/29/2023