City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 17, 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 17, 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 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 8 Rio Rancho Road, Pomona CA (APN: 8344-402-013) Negotiating Party: Rio Ventures Group LLC City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms B) CONFERENCE WITH LABOR NEGOTIATORS (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 René Anderson 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT City of Pomona Page 3 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Recognizing April 23-29, 2023 as National Library Week 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. 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 City of Pomona Page 4 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency 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 27, 2023 Special Meeting Minutes April 3, 2023 Regular Meeting Minutes 2. Adoption of Resolutions Creating a Violence Prevention Manager Classification and Amending the Fiscal Year 2022-23 Operating Budget by Adding Two Positions in the Administration Department and Adopting the Citywide Salary Schedule for Fiscal Year 2022-23 It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2023-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX A OF THE COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY ADDING THE VIOLENCE PREVENTION MANAGER CLASSIFICATION AND AMENDING THE AUTHORIZED STAFFING LEVELS IN THE ADMINISTRATION DEPARTMENT FOR THE FISCAL YEAR 2022-23 OPERATING BUDGET BY THE ACTIONS LISTED HEREIN RESOLUTION NO. 2023-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES’ ASSOCIATION TO ADD THE CLASSIFICATION OF VIOLENCE PREVENTION SENIOR ANALYST RESOLUTION NO. 2023-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2022-23 TO MEET THE REQUIREMENTS OF THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO ADD THE CLASSIFICATIONS OF VIOLENCE PREVENTION MANAGER AND VIOLENCE PREVENTION SENIOR ANALYST 3. Exchange of $4.2 Million of Proposition A Local Return Funds from City of Pomona for $3.15 Million of General Funds from Foothill Transit It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-58 - A RESOLUTION OF THE CITY COUNCIL OF THE City of Pomona Page 5 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING AND EXCHANGING $4,200,000 OF PROPOSITION A LOCAL RETURN FUNDS FROM VARIOUS PROJECTS AND FUND BALANCE FOR $3,150,000 OF FOOTHILL TRANSIT’S GENERAL PURPOSE FUNDS AND INCREASING REVENUE AND APPROPRIATING $3,150,000 OF GENERAL PURPOSE FUNDS RECEIVED FROM FOOTHILL TRANSIT TO THESE CIP PROJECTS 4. Resolution to Amend the FY 2022-23 CIP Budget and Award of Construction Contract Agreement to Hardy & Harper, Inc. in the Amount of $2,760,000 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-57 - 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 $300,000 OF SB-1/RMRA FUNDS FROM “STREET PRESERVATION - LOCAL (FY 21-22),” PROJECT NO. 428-2590-XXXXX-68572, AND APPROPRIATING THIS $300,000 AND AN ADDITIONAL $600,000 OF AVAILABLE SB-1/RMRA FUND BALANCE TO “STREET PRESERVATION - LOCAL (FY 22-23),” PROJECT NO. 428-2590-XXXXX-68582 2) Award a construction contract agreement to Hardy & Harper, Inc. for “Street Preservation - Local (FY 22-23),” Project No. 428-2590-XXXXX-68582 (All Base Bids and Additive Alternates) in the amount of $2,760,000; 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 4) Authorize the City Manager, or his designee, to execute the construction contract, as well as, all related documents (permits, etc.), subject to approval by the City Attorney. 5. Award a Bid to Griswold Industries to Provide Automatic Control Valve Repair, Replacement and Maintenance Services at the Prices Bid It is recommended that the City Council approve the following actions: 1) Award a bid to Griswold Industries (Griswold), for a three-year term, with two, one-year extension options to provide automatic control valve repair, replacement City of Pomona Page 6 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency and maintenance services at the prices bid for time and materials; and 2) Authorize the City Manager, or designee to execute the agreement and any amendments, subject to approval to form by the City Attorney. 6. Authorize Proposition 218 Noticing for Solid Waste Rates and Schedule a Public Hearing It is recommended that the City Council take the following actions: 1) Approve the Proposition 218 Notices containing new solid waste rates for single family residential customers and commercial/multi-family customers to be effective July 1, 2023; and 2) Adopt the following resolution: RESOLUTION NO. 2023-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT INCREASED SOLID WASTE COLLECTION CHARGES, SETTING A PUBLIC HEARING FOR JUNE 5, 2023, AND DIRECTING STAFF TO PROVIDE NOTICE PURSUANT TO PROPOSITION 218 7. Resolution to Amend the Fiscal Year (FY) 2022-23 Operating Budget for the American Rescue Plan Fund and Pomona Jobs Program (PJP) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMERICAN RESCUE PLAN (ARP) FUND IN THE AMOUNT OF $350,000 2) Award a sub-recipient contract to Latino-Latina Roundtable of the San Gabriel and Pomona Valley (LRT), in partnership with the Institute for Ecological Civilization (EcoCiv) and the Wellbeing Economy Alliance California Hub (WEAll), which is seeking funding from the City of Pomona’s American Rescue Plan Act (ARP) funds to help launch the Pomona Jobs Program (the “PJP”) in the amount of $630,750 3) Authorize the City Manager to execute the contract and all necessary documents, amendments, and extensions, subject to approval by the City Attorney. City of Pomona Page 7 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency 8. Second Reading and adoption of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code It is recommended that the City Council adopt 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 9. Acceptance of the California Public Utilities Commission Local Agency Technical Assistance Grant Award in the Amount of $315,000 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE CALIFORNIA PUBLIC UTILITIES COMMISSION LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARD IN THE AMOUNT OF $315,000, AND AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS 10. Adoption of a Resolution Updating the Tickets and Passes Distribution Policy to Conform with Regulations as Amended by the Fair Political Practices Commission It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING AN UPDATED TICKETS AND PASSES DISTRIBUTION POLICY TO CONFORM WITH REGULATIONS AS AMENDED BY THE FAIR POLITICAL PRACTICES COMMISSION DISCUSSION CALENDAR 11. 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. City of Pomona Page 8 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency 12. Report on Activate Pomona Pilot Program It is recommended that the City Council receive and file this report and that the City Manager promulgate a procedure to phase out existing active Activate Pomona permits by December 31, 2023. 13. 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 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 PUBLIC HEARINGS 14. First Reading and Introduction of an Amendment to the Pomona Zoning Ordinance Related to Historic Review of Structures 50 Years Old or Older Prior to Demolition It is recommended that the City Council introduce, waive further and give reading to the following ordinance: ORDINANCE NO. 4322 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A CODE AMENDMENT (FILE NO. CODE-018684-2022) AMENDING SECTION .5809-13 OF THE CITY OF POMONA ZONING ORDINANCE PERTAINING TO HISTORIC PRESERVATION 15. Re-Noticed Public Hearing of Appeal of Major Certificate of Appropriateness No . 18024-2022 for Property Located At 548 And 554 W. Center Street, Previously Heard on November 21, 2022; December 5, 2022; And January 23, 2023 It is that the City Council adopt the following resolution: RESOLUTION NO. 2022-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-018024-2022) TO ALLOW FOR THE DEMOLITION OF PRE-1945 STRUCTURES LOCATED AT 548 AND 554 W. CENTER STREET (APN: 8340-030-006 & 8340-030-012) City of Pomona Page 9 Printed on 4/11/2023 City Council / Housing Authority / Regular Meeting Agenda April 17, 2023 Successor Agency to the Redevelopment Agency ADJOURNMENT The next Regular Meeting will be held on May 1, 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 17, 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 April 11, 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 10 Printed on 4/11/2023