City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, August 21, 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 August 21, 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 Held in the Chuck Bader Conference Room adjacent to the Council Chambers on the south side of the building. City of Pomona Page 2 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency 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)) Robert Kroo v. Kelly Lane Springford, City of Pomona, Jin Seup Shim LA Superior Court Case No. 21STCV13678 C) 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 City of Pomona Page 3 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL 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. City of Pomona Page 4 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency 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: August 7, 2023 Meeting Minutes 2. Second Reading and Adoption of Ordinance Adding a New Pre-Arrest Youth Diversion Policy to the Pomona City Code It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4336 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING A NEW DIVISION I (“PRE-ARREST YOUTH DIVERSION POLICY”) AND ARTICLE XI (“LAW ENFORCEMENT POLICY”) TO CHAPTER 2 (“ADMINISTRATION”) OF THE CITY OF POMONA CITY CODE CONCERNING ESTABLISHMENT OF A PRE-ARREST YOUTH DIVERSION POLICY BY THE POMONA POLICE DEPARTMENT 3. Adoption of a Resolution Approving the Submittal of Grant Application Documents for the Youth Community Access Grant Program through the California Department of Natural Resources It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE YOUTH COMMUNITY ACCESS GRANT PROGRAM 2) Authorize the City Manager, or his designee, to execute all documents related with this action, with approval of the City Attorney, as to form. 4. A Resolution to Update the American Rescue Plan (ARP) Spending Plan and Award of Agreement to Ascendant for Innovation Consulting Services It is Recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-143 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING THE UPDATED AMERICAN RESCUE PLAN (ARP) SPENDING PLAN City of Pomona Page 5 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency 2) Award a two-year agreement in the amount not to exceed $390,264 to Ascendant for Innovation Consulting Services. 3) Authorize the City Manager, or designee, to execute the agreement and any extensions, subsequent changes, or amendments thereto, on behalf of the City, subject to review and approval as to form by the City Attorney. 5. Resolution to Amend the FY 2023-24 CIP Budget by Accepting, Increasing Revenue Estimates, and Appropriating $3,000,000 of Economic Development Initiative Fiscal Year 2022 Community Project Funding (CPF) Grant funds to “Street Improvements and Walking Trail/Steps Rehabilitation,” Project No. 428-2590-XXXXX-71078 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM BUDGET BY ACCEPTING, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $3,000,000 OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE FISCAL YEAR 2022 COMMUNITY PROJECT FUNDING (CPF) GRANT FUNDS TO “STREET IMPROVEMENTS AND WALKING TRAIL/STEPS REHABILITATION,” PROJECT NO. 428-2590-XXXXX-71078 6. Resolution to Amend the FY 2023-24 CIP Budget by Appropriating $25,000 of General Fund Reserves to “Parks and Facilities Master Plan,” Project No. 428-2590-XXXXX-71072 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $25,000 OF GENERAL FUND RESERVES TO “PARKS AND FACILITIES MASTER PLAN,” PROJECT NO. 428-2590-XXXXX-71072 7. Award of Agreement to General Pump Company and to Best Drilling and Pump Inc., for Well Rehabilitation of Wells 7 and 8B It is recommended that the City Council take the following actions: 1) Award an Agreement to General Pump Company (General Pump) for the rehabilitation of Well 7; and, 2) Award an Agreement to Best Drilling and Pump Inc., (Best Drilling) for the rehabilitation of Well 8B; and, 3) Authorize the City Manager, or designee, to execute the two attached agreements City of Pomona Page 6 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency (Attachment No. 1) and subsequent changes or amendments thereto, subject to approval to form by the city attorney. 8. Approval of Lot Merger LM13-2022 for the Property Located at 1567-1583 Bradford Street, Pomona, CA, Assessor Parcel Number 8339-019-003, Related to the Expansion 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. 2023-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM13-2022 FOR THE PROPERTY LOCATED AT 1567-1583 BRADFORD STREET, ASSESSOR PARCEL NUMBER 8339-019-003 2) Authorize the City Engineer to sign the Lot Merger LM13-2022 on behalf of the City of Pomona. 9. Approval of Lot Merger LM20-2022 for the Property Located at 435 W. Mission Boulevard, Pomona, CA, Assessor Parcel Number 8341-007-025, Related to the Remodeling of an Existing Commercial Property (Council District 2) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM20-2022 FOR THE PROPERTY LOCATED AT 435 W. MISSION BOULEVARD, ASSESSOR PARCEL NUMBER 8341-007-025 2) Authorize the City Engineer to sign the Lot Merger LM20-2022 on behalf of the City of Pomona. 10. Approval of Lot Merger LM18-2022 for the Property Located at 263 W. La Verne Avenue, Pomona, CA, Assessor Parcel Numbers 8371-017-043 & -031, Related to the Expansion of an Existing Residential Property (Council District 6) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM18-2022 FOR THE PROPERTY LOCATED AT 263 W. LA VERNE AVENUE, ASSESSOR PARCEL NUMBERS 8371-017-043 & -031 City of Pomona Page 7 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency 2) Authorize the City Engineer to sign the Lot Merger LM18-2022 on behalf of the City of Pomona. 11. Approval of Agreement with Institute for Ecological Civilization (EcoCiv) and God’s Pantry for Services Relating to Implementation of the California Violence Intervention and Prevention Grant (CaVIP) It is recommended that the City Council take the following actions: 1) Approve a two-and-a-half-year agreement with Institute for Ecological Civilization (EcoCiv) in the amount not to exceed $155,000 for project monitoring, evaluation and creation of the Local Evaluation Plan and Final Evaluation Report relating to the implementation of the California Violence Intervention and Prevention (CalVIP) Grant Program Funds; 2) Approve a two-and-a-half-year agreement with God’s Pantry in the amount not to exceed $270,000 to manage the street outreach component for implementation of the CalVIP Grant; and 3) Authorize the City Manager, or designee, to execute the agreement and any extensions, subsequent changes or amendments thereto, on behalf of the City, subject to review and approval as to form by the City Attorney. 12. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, “Washington Park Community Center Rehabilitation,” and Appropriating $200,000 of American Rescue Plan (ARP) (D3) Funds to the Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-138 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “WASHINGTON PARK COMMUNITY CENTER REHABILITATION,” PROJECT NO. 428-2590-XXXXX-71095 AND APPROPRIATING $200,000 OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) (D3) FUNDING TO THE PROJECT 13. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, “New Playground at Washington Park Baseball Fields” and Appropriating $100,000 of American Rescue Plan and $35,000 of District 3 CIP Carryover Discretionary Funds It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL City of Pomona Page 8 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “NEW PLAYGROUND AT WASHINGTON PARK BASEBALL FIELDS,” PROJECT NO. 428-2590-XXXXX-71094 AND APPROPRIATING $50,000 OF CORONAVIRUS STATE AND LOCAL RECOVERY AMERICAN RESCUE PLAN (ARP) (MAYORAL) FUNDING, $50,000 of ARP (DISTRICT 3) FUNDING, AND $35,000 OF DISTRICT 3 CIP CARRYOVER DISCRETIONARY FUNDS TO THE PROJECT 14. Accept a Donation of One (1) New Police Canine (K9) from Friends of Pomona Police K9 Foundation in an in-Kind Amount of $13,254 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA CALIFORNIA, ACCEPTING A DONATION OF ONE (1) NEW POLICE CANINE (K9) IN AN IN-KIND AMOUNT OF $13,254 FROM FRIENDS OF POMONA POLICE K9 FOUNDATION 15. Approval of Agreement with Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) It is recommended that the City Council take the following actions: 1) Approve the agreement with GWMA for continued cost sharing for the installation, monitoring equipment, and monitoring pursuant to the Harbor Toxic Pollutants Total Maximum Daily Load (TMDL); and 2) Authorize the City Manager, or designee, to execute the Agreement on behalf of the city, subject to approval by the City Attorney. 16. Adoption of a Resolution Accepting the California Automated Permit Processing (CalAPP) Program Grant It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE CALIFORNIA AUTOMATED PERMIT PROCESSING (CALAPP) PROGRAM GRANT IN THE AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000) AND AMENDING THE FISCAL YEAR 2023-2024 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS DISCUSSION CALENDAR 17. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and Recap of Expended Funds City of Pomona Page 9 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 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. 18. Resolution Amending the Fiscal Year 2023-24 Capital Improvement Program (CIP) Budget for “Storm Water Lift Station Rehabilitation.” Project No . 428-2590-XXXXX-81056, and Authorizing the City Manager to execute an Economic Development grant recipient agreement with Community Home Energy Revolution Project (CHERP, Inc.) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $158,000 OF GENERAL FUNDS FROM “STORM WATER LIFT STATIONS REHABILITATION,” PROJECT NO. 428-2590-XXXXX-81056, APPROPRIATING $158,000 OF GENERAL FUND BALANCE TO GENERAL SERVICES DEPARTMENT (101-0101-52285-00000), APPROPRIATING $158,000 OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) (D1) FUNDING TO THE PROJECT, AND CHANGING THE CIP PROJECT DESCRIPTION 2) Award an Economic Development grant to Community Home Energy Revolution Project (CHERP, Inc.) in the amount of $158,000. 3) Authorize the City Manager, or designee, to execute the agreement and any amendments, upon approval of the City Attorney as to form. PUBLIC HEARINGS 19. Public Hearing Amending the Fiscal Year (FY) 2023-24 City Operating Budget to Increase Revenue Estimates and Appropriations for Community Development Block Grant, Community Development Block Grant Corona Virus, Emergency Solutions Grant Corona Virus and Permanent Local Housing Allocation Funds It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing regarding the amendments to the (FY) 2023-24 City City of Pomona Page 10 Printed on 8/15/2023 City Council / Housing Authority / Regular Meeting Agenda August 21, 2023 Successor Agency to the Redevelopment Agency Operating Budget; and 2) After receiving public comments and testimony, close the Public Hearing and adopt the following Resolution: RESOLUTION NO. 2023-139 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2023-24 CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES BY $1,334,380 AND APPROPRIATIONS BY $1,002,867 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), COMMUNITY DEVELOPMENT BLOCK GRANT CORONA VIRUS (CDBG-CV), EMERGENCY SOLUTIONS GRANT CORONA VIRUS (ESG-CV) AND PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS ADJOURNMENT The next Regular Meeting will be held on September 11, 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 August 21, 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 August 15, 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 8/15/2023