City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, May 15, 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 May 15, 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 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 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: Veterans Park (APN’s: 8707-019-903, 906 & 909) Negotiating Party: Seventh Street Development, Inc. City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms B) 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 C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (d)(4)) One (1) matter regarding possible litigation to be initiated will be discussed. D) 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 City of Pomona Page 3 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency 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 PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Designating June 2, 2023 as “National Gun Violence Awareness Day” in the City of Pomona Proclamation Recognizing the Week of May 21-27, 2023 as “National Public Works 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: City of Pomona Page 4 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency 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 It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes: May 1, 2023 Regular Meeting Minutes 2. Adoption of a Resolution Condemning Hate Crimes and Any Other Form of Racism, Religious or Ethnic Bias, Discrimination, Incitement of Violence and Targeting a Minority It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CONDEMNING HATE CRIMES AND ANY OTHER FORM OF RACISM, RELIGIOUS OR ETHNIC BIAS, DISCRIMINATION, INCITEMENT OF VIOLENCE AND TARGETING A MINORITY 3. Accept a Donation of One (1) New Police Facility Canine (K-9) from Canine Companions in and in-kind Amount of $50,000 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING A DONATION OF ONE (1) NEW POLICE FACILITY CANINE (K-9) IN AN IN-KIND AMOUNT OF $50,000 FROM CANINE COMPANIONS City of Pomona Page 5 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency 4. Receive and File Annual Military Equipment Use Report as Required by Assembly Bill (AB) 481 It is recommended that the City Council receive and file annual military equipment use report as required by AB 481 for Fiscal Year 2022-23. 5. 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. 2023-72 - 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 6. Adopt a Resolution Authorizing the City of Pomona Housing Authority to Increase Revenue Estimates by $511,454 and Appropriations by $735,457 from U.S. Department of Housing and Urban Development (HUD) Funds It is recommended that the City Council, sitting as the Governing Board for the City of Pomona Housing Authority, take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, SITTING AS THE GOVERNING BOARD FOR THE POMONA HOUSING AUTHORITY (PHA) AMENDING THE FY 2022-23 OPERATING BUDGET TO INCREASE REVENUE ESTIMATES BY $511,545 AND APPROPRIATIONS BY $735,457 FROM U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FUNDS 2) Authorize the Executive Director of the Pomona Housing Authority or his designee to execute the contracts and other documentation requested for acceptance and implementation of the grant awards, subject to approval as to form by the Agency Counsel. 7. Approve Amendment No. 3 to the Professional Services Agreement Stantec Consulting Services It is recommended that the City Council take the following actions: City of Pomona Page 6 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency 1) Approve Amendment No. 3 to an agreement with Stantec Consulting Services in an amount not to exceed $2,841,703 with an expiration date of June 30, 2024; and 2) Authorize the City Manager to execute Amendment No. 3 with Stantec on behalf of the City, subject to approval to form by the City Attorney. 8. Adopt Resolution Approving and Adopting Mitigated Negative Declaration and Mitigation Monitoring Program in Compliance with the California Environmental Quality Act for Pedley Spreading Grounds - Pond Enhancements Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION (SCH #2023030023) AND MITIGATION MONITORING REPORTING PROGRAM IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR “PEDLEY SPREADING GROUNDS - POND ENHANCEMENTS,” PROJECT NO. 428-2590-XXXXX-81058 9. Request to Consider Removal of Committee Member Rudenauer from the Citizens Oversight Committee It is recommended that the City Council remove District 4 appointee, Committee Member Dean Rudenauer, from the Citizens Oversight Committee, based on numerous absences. 10. Approval of Lot Merger LM1-2023 for the Property Located at 650-654 E. Alvarado Street, Pomona, CA, Assessor Parcel Number 8337-002-007, Related to the Remodeling of an Existing Residential Property (Council District 4) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM1-2023 FOR THE PROPERTY LOCATED AT 650-654 E. ALVARADO STREET, ASSESSOR PARCEL NUMBER 8337-002-007 2) Authorize the City Engineer to sign the Lot Merger LM1-2023 on behalf of the City of Pomona. 11. Resolution to Amend the FY 2022-23 CIP Budget and Award Construction Contract to Vido Samarzich, Inc. in the Amount of $5,287,075 for “Holt Avenue Corridor Improvements,” Project No. 428-2590-XXXXX-68575 City of Pomona Page 7 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND UNAPPROPRIATING $300,000 OF PROPOSITION C FUNDS AND $535,297 OF SERIES “BI (AX/AI)” BOND PROCEEDS - D4 FROM “HOLT AVENUE (EAST) RECONSTRUCTION,” PROJECT NO. 428-2590-XXXXX-71050, AND $1,200,000 OF PROPOSITION C FUNDS FROM “HOLT AVENUE (WEST) RECONSTRUCTION,” PROJECT NO. 428-2590-XXXXX-71047, AND APPROPRIATING THESE FUNDS AND $701,661 OF MEASURE M FUND BALANCE TO THE “HOLT AVENUE CORRIDOR IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-68575 2) Award a construction contract to Vido Samarzich, Inc. for construction improvements for “Holt Avenue Corridor Improvements,” Project No. 428-2590-XXXXX-68575, in the amount of $5,287,075; 3) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 in that the project consists of the operation, repair, and maintenance of existing streets; and 4) Authorize the City Manager, or his designee, to execute the contract, and related documents, subject to approval as to form by the City Attorney. 12. Approve Amendment to Agreement with Draw Tap GIS, LLC for Continued Geographical Information Systems (GIS) Services for Public Works Asset Management Project It is recommended that the City Council take the following actions: 1) Approve an amendment to the agreement with Draw Tap GIS, LLC for continued GIS Services to support the Public Works Asset Management Project in the amount of $150,000 from July 1, 2023 through June 30, 2024; and 2) Authorize the City Manager, or designee, to execute the agreement and any extensions or amendments thereto on behalf of the City, subject to review by the City Attorney. 13. Resolution to Amend the FY 2022-23 Capital Improvement Program (CIP) Budget by Creating a New Project, “Public Safety Improvements - District 2” and Appropriating $14,000 of ARP District 2 Funding City of Pomona Page 8 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “PUBLIC SAFETY IMPROVEMENTS - DISTRICT 2,” PROJECT NO. 428-2590-XXXXX-68584 AND APPROPRIATING $14,000 OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) DISTRICT 2 FUNDING TO THE PROJECT 14. Approval of a Settlement Agreement and Mutual Release Between the City of Pomona and the County of Los Angeles It is recommended that the City Council and the Successor Agency to the Former Redevelopment Agency adopt the following resolution: RESOLUTION NO. 2023-77 & SA RESOLUTION NO. 2023-01 - A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY POMONA AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE EXECUTION OF A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND AMONG THE CITY OF POMONA, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF POMONA, THE COUNTY OF LOS ANGELES, THE COUNTY LIBRARY, THE COUNTY FLOOD CONTROL DISTRICT, AND THE CONSOLIDATED FIRE PROTECTION DISTRICT (COLLECTIVELY, THE “COUNTY”) 15. Award of Contract to Koff and Associates for a Classification and Compensation Study of Non-Sworn Positions It is recommended that the City Council take the following actions: 1) Approve the award of a one-year contract with one, one-year extension to Koff and Associates, a division of Gallagher Company, to conduct a Classification and Compensation Study for citywide non sworn positions for total authorized expenditure not to exceed $300,000, and 2) Authorize the City Manager to execute a contract with Koff and Associates and any extensions thereto, subject to review by the City Attorney. 16. Report on the Temporary Ten (10) Months and Fifteen (15) Days Warehouse Moratorium Adopted by the City Council of the City of Pomona It is recommended that the City Council issue, receive and file a Council Report to the public describing the City’s measure to alleviate conditions that led to the adoption of City of Pomona Page 9 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency Urgency Ordinance No. 4321, establishing a temporary ten (10) month and fifteen (15) day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses city-wide. DISCUSSION CALENDAR 17. 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. 18. Receive and File a Pavement Management Program (PMP) Presentation Update It is recommended that the City Council receive and file a Pavement Management Program presentation update. 19. Introduction and First Reading of Ordinance to Amend Chapter 62, Article VI of the Pomona City Code It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4331 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE SECTIONS OF CHAPTER 62 (UTILITIES), ARTICLE VI (SOLID WASTE), DIVISIONS 1 (GENERALLY), 3 (RESIDENTIAL COLLECTION SERVICE RATES AND CHARGES), AND 4 (MULTIFAMILY RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL SERVICE) OF THE POMONA CITY CODE 20. Adopt a Resolution Approving the City of Pomona’s American Rescue Plan (ARP) Spending Plan Update and $400,000 of ARP Funds for the Summer Concerts It is recommended that the City Council approve the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING THE CITY OF POMONA’S AMERICAN RESCUE PLAN (ARP) SPENDING PLAN UPDATE City of Pomona Page 10 Printed on 5/10/2023 City Council / Housing Authority / Regular Meeting Agenda May 15, 2023 Successor Agency to the Redevelopment Agency 2) Authorize the use of $400,000 of ARP funds (Health and Wellness) for the Summer Concerts for the next four (4) years. ADJOURNMENT The next Regular Meeting will be held on June 5, 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 May 15, 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 May 10, 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 5/10/2023