City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, November 6, 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 November 6, 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 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 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 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 B) C O N F E R E N C E WITH LEGAL COUNSEL - ANTICIPATED LITIGATION-EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)) One (1) case related to contract negotiations. C) C O N F E R E N C E WITH LEGAL COUNSEL - ANTICIPATED LITIGATION-INITIATION OF LITIGATION (Pursuant to Government Code Section 54956.9(d)(4)) In re Aqueous Film Forming Foams Products Liability Litigation, MDL No. 2:18-mn-2873-RMG D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Manager E) 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 City of Pomona Page 3 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency 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 PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Recognizing the Month of November 2023 as “Family Court Awareness Month” in the City of Pomona Attachments: 11.6 Family Court Awareness 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; City of Pomona Page 4 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency 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: October 9, 2023 Special Meeting Minutes October 16, 2023 Meeting Minutes Attachments: FINAL MINUTES 10-09-2023 - Special Meeting.pdf FINAL MINUTES 10-16-2023.pdf 2. Authorize the Submittal of a Joint Powers Authority (JPA) Application to CalRecycle for Round Two SB 1383 Local Assistance Funding For Participation in the San Gabriel Valley Council of Governments (SGVCOG) Regional Edible Food Recovery Program It is recommended that the City Council authorize the City Manager to sign a Letter of Authorization (LOA) to allow the San Gabriel Valley Council of Governments to apply for CalRecycle Round Two SB 1383 Local Assistance Grant Program funds on behalf of the City. Attachments: Staff Report 3. A Resolution Amending the Capital Improvement Program Project Budget for the “Water Resources Building” Project and Approve Payment to H2 Environmental Consulting Services, Inc., for Services Rendered It is recommended that the City Council take the following actions: 1) Adopt the following resolution: City of Pomona Page 5 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2023-199 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $700,000 OF WATER FUND RESERVES TO “WATER RESOURCES BUILDING” PROJECT NO. 575-8125-XXXXX-93135 2) Approve payment in the amount of $65,550 to H2 Environmental Consulting Services, Inc. (H2) for professional services for services rendered. Attachments: Staff Report - WRD Building Construction Contract Award Attachment 1 - Reso 2023-199 4. Approve First Agreement Amendment for Consultant Services Civiltec Engineering, Inc. for “Reservoir Assessment and Rehabilitation Design” Project It is recommended that the City Council take the following actions: 1) Amend the professional services agreement with Civiltec Engineering, Inc . increasing the agreement by $63,200 (from $109,530 to $172,730) for the “Reservoir Assessment and Rehabilitation Design,” Project No. 428-2590 -XXXXX-95081; and, 2) Authorize the City Manager, or designee, to execute the agreement amendment with Civiltec Engineering, Inc. on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney. Attachments: Staff Report - Civiltec Agreement Amendment Attachment 1 - First Agreement Amendment.docx 5. Award Bids to: Zenner Performance Meters, Inc.; Accurate Measurement Systems; and, United Water Works for Warehouse Materials It is recommended that the City Council take the following actions: 1) Award a bid to Zenner Performance Meters, Inc., (Zenner) for the purchase of large cold water meters at the per-unit prices bid for a term of three (3) years with an extension option for up to two (2) additional years; 2) Approve a sole source award to Accurate Measurement Systems, Inc ., (AMS) for the purchase of Krohne Electromagnetic Flow Meters, for a five (5) year term, at the market prices; 3) Award a bid to United Water Works (United), for the one time purchase of fire hydrants and hydrant guard surge protectors, at the per -unit price bid, in the amount of $327,446; and, City of Pomona Page 6 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency 4) Authorize the City Manager, or designees, to approve purchase agreements, and any extensions thereto, on behalf of the City. Attachments: Staff Report - Warehouse Attachment 1 - Sole Source Letter from AMS 6. Adopt a Resolution Amending Fiscal Year 2023-24 Sewer Operating Budget by Appropriating $424,000 of Available Sewer Fund Reserves; and, Award Bid to Faze 1 Corporation dba Premier Pipe Inc., for Sanitary Sewer Cleaning and Closed Circuit Television Inspection Services It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 SEWER OPERATING BUDGET BY APPROPRIATING $424,000 FROM THE AVAILABLE SEWER FUND RESERVES 2) Award a bid in the amount to Faze 1 Corporation dba Premier Pipe (Faze 1) for a three-year agreement with two additional one-year renewal options, for sewer cleaning and Closed Circuit Television (CCTV) inspection services, at the prices bid, in the amount not-to-exceed of $480,000; and, 3) Authorize the City Manager, or designee, to execute a three-year agreement with two one-year renewal options with Faze 1 on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney. Attachments: SR- Award bid to Faze1 for Sewer Cleaning Attachment No. 1 - Resolution 2023-194 7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, Closing Completed Projects, and Re-appropriating Unexpended Funds It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-190 - 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 PROJECT, “DISTRICT 2 - NEW PLAYGROUND AT RALPH WELCH PARK,” PROJECT NO. 428-2590-XXXXX-71096, CLOSING COMPLETED PROJECTS, RELEASING $134,022 OF UNEXPENDED FUNDS, REAPPROPRIATING $63,478 OF UNEXPENDED GENERAL FUNDS TO THE NEW PROJECT, UNAPPROPRIATING $90,183 OF AMERICAN RESCUE PLAN FUNDING (D2) FROM “BUENA VISTA City of Pomona Page 7 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency AVENUE REHABILITATION - MISSION BOULEVARD TO 9TH STREET,” PROJECT NO. 428-2590-XXXXX-68576, AND REAPPROPRIATING THIS FUNDING TO THE NEW PROJECT Attachments: Staff Report Attachment No. 1 - Resololution Exhibit A to Resolution Attachment No. 2 - CIP Details Sheet 8. Approve a Memorandum of Agreement between the City of Pomona and the San Gabriel Valley Council of Governments for the Allocation of Funds for “Transit Improvement Program, Gold Line,” Project No. 428-2590-XXXXX-68559 It is recommended that the City Council take the following actions: 1) Approve a Memorandum of Agreement (MOA) between the City of Pomona and the San Gabriel Valley Council of Governments (SGVCOG) to allocate $595,000 of funds received from Los Angeles County Metropolitan Transportation Authority (“LACMTA/METRO”) through the Measure M Multi-Year Subregional Program (“MSP”), as well as, up to $1,600,000 of the City’s General Purpose (Prop A Exchange) Funds for “Transit Improvement Program, Gold Line,” Project No. 428-2590-XXXXX-68559; and 2) Authorize the City Manager, or his designee, to execute the proposed MOA between the City of Pomona and the SGVCOG and related documents, subject to approval as to form by the City Attorney. Attachments: Staff Report Attachment No. 1 DRAFT Pomona Cooperative MOA for ESGVSMIP (Draft) 11.30.22 (003)rev2 Attachment No. 2 9. Approval of Lot Merger LM17-2022 for the Property Located at 836-842 S. San Antonio Avenue, Pomona, CA, Assessor Parcel Number 8327-009-029, Related to the Remodeling of an Existing Residential Property (Council District 3) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM17-2022 FOR THE PROPERTY LOCATED AT 836-842 S. SAN ANTONIO AVENUE, ASSESSOR PARCEL NUMBER 8321-009-029 2) Authorize the City Engineer to sign the Lot Merger LM17-2022 on behalf of the City of Pomona. City of Pomona Page 8 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment No. 1 - CC Resolution No. 2023-195 Exhibit 1 Exhibit A Exhibit B Attachment No. 2 - Site Plan Attachment No. 3 - Vicinity Map Attachment No. 4 - Aerial Map 10. Approval of Lot Merger LM8-2023 for the Property Located at 550-552 E. McKinley Avenue, Pomona, CA, Assessor Parcel Number 8338-031-008, 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. 2023-196 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM8-2023 FOR THE PROPERTY LOCATED AT 550-552 E. MCKINLEY AVENUE, ASSESSOR PARCEL NUMBER 8338-031-008 2) Authorize the City Engineer to sign the Lot Merger LM8-2023 on behalf of the City of Pomona. Attachments: Staff Report Attachment No. 1 - CC Resolution No. 2023-196 Exhibit 1 Exhibit A Exhibit B Attachment No. 2 - Vicinity Map Attachment No. 3 - Aerial Map 11. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Unappropriating $59,000 of American Rescue Plan (ARP)(D5) From “Phillips Ranch Exercise Par Course Restoration,” and Appropriating this $59,000 to “Country Crossing Park Playground Resurfacing and Play Equipment” It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $59,000 OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY AMERICAN RESCUE City of Pomona Page 9 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency PLAN (ARP)(D5) FROM “PHILLIPS RANCH EXERCISE PAR COURSE RESTORATION,” PROJECT NO. 428-2590-XXXXX-71093, DEFUNDING THE PROJECT AND APPROPRIATING THIS $59,000 TO “COUNTRY CROSSING PARK PLAYGROUND RESURFACING AND PLAY EQUIPMENT,” PROJECT NO. 428-2590-XXXXX-71089 Attachments: Staff Report Attachment No. 1 - Resolution 12. Adopt a Resolution Authorizing the Acceptance of Measure H Homeless Initiative Funds to Administer the Homeless Incentive Program (HIP) and Amendment of the FY 2023-24 Operating Budget It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-189 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $86,994 IN MEASURE H HOMELESS INITIATIVE FUNDS TO LOCALLY ADMINISTER THE HOMELESS INCENTIVE PROGRAM (HIP) AND THE AMENDMENT OF THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $60,610 2) Authorize the City Manager to execute all agreements, amendments and any other documentation requested for acceptance of the award, subject to approval as to form by the City Attorney. Attachments: Staff Report - Measure H HIP 2023-24 Attachment 1 - Reso No. 2023-189 13. Approval of Lot Merger LM10-2023 for the Property Located at 1400 W. McKinley Avenue, Pomona, CA, Assessor Parcel Number 8360-030-029, Related to Future Upgrades of an Existing Residential Property (Council District 1) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-197 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM10-2023 FOR THE PROPERTY LOCATED AT 1400 W. MCKINLEY AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBER 8360-030-029 2) Authorize the City Engineer to sign the Lot Merger LM10-2023 on behalf of the City of Pomona. City of Pomona Page 10 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment No. 1 - CC Resolution No. 2023-197 Exhibit 1 Exhibit A Exhibit B Attachment No. 2 - Vicinity Map Attachment No. 3 - Aerial Map 14. Adopt a Resolution to Receive and Appropriate Metropolitan Water District Grant Funds for the Member Agency Administered Incentive Programs; Irrigation Controller Installation Program; the Residential Landscape Audit; and the Community Partnering Program It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-198 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 WATER ENTERPRISE FUND BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $20,000 FOR THE MEMBER AGENCY ADMINISTERED INCENTIVE PROGRAMS FOR THE RESIDENTIAL IRRIGATION CONTROLLER INSTALLATION PROGRAM AND RESIDENTIAL LANDSCAPE AUDIT; AND $3,000 FOR THE COMMUNITY PARTNERING PROGRAM Attachments: Staff Report - Adopt Reso for MWD grant Attachment No. 1 - Resolution No. 2023-198.docx 15. Acceptance and Appropriation of $40,000 in State Certified Local Government (CLG) Program Grant Funds to Develop a Latina/o Historic Context Statement It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-200 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $40,000 IN CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAM GRANT FUNDS TO DEVELOP A LATINA/O HISTORIC CONTEXT STATEMENT AND AMEND THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $40,000 2) Authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the subsequent agreements, subject to approval as to form by the City Attorney. City of Pomona Page 11 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency Attachments: CLG 2023 Grant CC Staff Report.docx Attachment No. 1 - Resolution 2023-200.docx 16. Appointing Staff Representation on the Pomona Valley Protective Association Board and the Pomona-Walnut-Rowland Joint Pipeline Commission JPA It is recommended that the City Council approve the Water Resources Director as an additional alternate representative on both the Pomona Valley Protective Association Board and the Pomona-Walnut-Rowland Joint Pipeline Commission JPA. Attachments: Staff Report - PWR and PVPA Board Representation 2023.docx 16-A Adoption of Resolutions Approving Memorandum of Understanding Between the City of Pomona and the Pomona Mid-Management/ Confidential Employees’ Association from October 1, 2023 Through September 30, 2027; and Amending the Fiscal Year 2023-24 Operating Budget by Appropriating $271,685 from General Fund Reserves and Appropriating $401,760 from Non-General Fund Budgets to Implement Financial Impacts as a Result of Labor Negotiations It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2023-218 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FOUR (4) YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES’ ASSOCIATION FROM OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2027 RESOLUTION NO. 2023-224 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRIATING $271,685 FROM GENERAL FUND RESERVES AND APPROPRIATING $401,760 FROM NON-GENERAL FUND BUDGETS TO IMPLEMENT FINANCIAL IMPACTS AS A RESULT OF LABOR NEGOTIATIONS Attachments: Staff Report PMMCEA MOU 2023 Attachment No. 1 Resolution 2023-218 PMMCEA MOU Exhibit A PMMCEA MOU 2023-27.pdf Attachment No. 2 Resolution 2023-224 Operating Budget.docx Exhibit A-PMMCEA Approp 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: City of Pomona Page 12 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency 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 Attachment 18. Adoption of Resolutions Adding an Initiative Measure and Competing Measure to the March 5, 2024 Primary Election Ballot Pertaining to the City’s Transactions & Use Tax (TUT) Rate It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2023-211 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF POMONA AN INITIATIVE MEASURE REDUCING THE RATE OF THE CITY’S TRANSACTIONS AND USE TAX FROM THREE-QUARTERS PERCENT (0.75%) TO ONE-HALF PERCENT (0.50%) AND EXTENDING THE TERM OF THE TAX BY REMOVING ITS MARCH 31, 2029 SUNSET, AT THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 RESOLUTION NO. 2023-212 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A MUNICIPAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403 RESOLUTION NO. 2023-213 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PROVIDING FOR THE FILING OF DIRECT AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE MARCH 5, 2024 MUNICIPAL PRIMARY ELECTION RESOLUTION NO. 2023-214 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF POMONA A GENERAL TAX MEASURE MAINTAINING THE CURRENT RATE OF THE CITY’S TRANSACTIONS AND USE TAX AT THREE-QUARTERS PERCENT (0.75%) AND EXTENDING THE TERM OF THE TAX BY REMOVING ITS MARCH 31, 2029 SUNSET, AT THE MUNICIPAL PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 RESOLUTION NO. 2023-215 - A RESOLUTION OF THE CITY COUNCIL OF THE City of Pomona Page 13 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency CITY OF POMONA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A MUNICIPAL PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024 WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403 RESOLUTION NO. 2023-216 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PROVIDING FOR THE FILING OF DIRECT AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE MARCH 5, 2024 MUNICIPAL PRIMARY ELECTION Attachments: Staff Report - TUT Competing Measure.docx Attachment No. 1 - Reso. No. 2023-211 Call Municipal Primary Election.docx Attachment No. 2 - Reso. No. 2023-212 Requesting Consolidation of Election.doc Attachment No. 3 - Reso. No. 2023-213 Setting deadlines rules for arguments and rebuttals.doc Attachment No. 4 - Reso. No. 2023-214 Calling Mun Primy Elect.docx Attachment No. 5 - Reso. No. 2023-215 Request Consolidate Election.doc Attachment No. 6 - Reso. No. 2023-216 Setting Deadlines Rules for arg and rebuttals.doc 19. Receive and File the Fiscal Year 2022-23 Unaudited Year-End Overview, Review the Fiscal Year 2023-24 General Fund 1st Quarter Budget Review, and Adopt a Resolution Amending the Fiscal Year 2023-24 Operating Budget and Personnel Related Actions It is recommended that the City Council take the following actions: 1) Receive and file the Fiscal Year (FY) 2022-23 Unaudited Year-End Overview 2) Review the FY 2023-24 General Fund 1st Quarter Budget Report 3) Adopt the following Resolution: RESOLUTION NO. 2023-210 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, Amending the FY 2023-24 operating budget by increasing revenue estimates by $172,064 and Appropriations BY $1,065,397, AND AUTHORIZING THE ADDITION OF THREE SWORN POSITIONS IN THE POLICE DEPARTMENT Attachments: 1st Quarter Staff Report - v2 final version10-31 FY 2023-24- resolution 2023-210 attachment 1 FY 2023-24 1st quarter PPT_ V1_attach 2 20. Appeal of a Planning Commission Decision regarding Conditional Use Permit No . 018542-2022 for the Establishment of a Drive-Through Restaurant and Development Plan Review No. 018543-2022 for the Remodel of an Existing Building into an Eating City of Pomona Page 14 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency and Drinking Establishment at a Property Located at 110 E. Foothill Boulevard within the Neighborhood Center Segment of the Pomona Corridors Specific Plan (PCSP) It is recommended that the City Council take one of two actions: Option 1 (Planning Staff recommendation): Remand the matter back to the Planning Commission to consider the request at a future scheduled public hearing; or Option 2: Schedule a public hearing before the City Council to consider the request. Attachments: Staff Report Attachment 1 - Appeal Application and Letter Submitted by Applicant dated October 12, 2023 Attachment 2 - Planning Commission Meeting Staff Report (wth attachments) for Septebmer 27, 2023 21. Introduction and Adoption of an Urgency Ordinance and Introduction of a Regular Ordinance Amending the Pomona Municipal Code Relating to Enhancement of Enforcement Options to Address Public Nuisance Conditions and Illegal Uses of Property Without Required Approvals and Permits It is recommended that the City Council take the following actions: 1) Introduce, waive further reading and adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4338 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION 50-337 TO ARTICLE III, CHAPTER 50, ADDING SECTION 74-198 AND 74-199 TO ARTICLE III, CHAPTER 74 OF THE POMONA MUNICIPAL CODE RELATING TO ENHANCEMENT OF ENFORCEMENT OPTIONS TO ADDRESS PUBLIC NUISANCE CONDITIONS AND ILLEGAL USES OF PROPERTY WITHOUT REQUIRED APPROVALS AND PERMITS 2) Introduce, waive further, and give first reading to the following ordinance: ORDINANCE NO. 4341 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION 50-337 TO ARTICLE III, CHAPTER 50, ADDING SECTION 74-198 AND 74-199 TO ARTICLE III, CHAPTER 74 OF THE POMONA MUNICIPAL CODE RELATING TO ENHANCEMENT OF ENFORCEMENT OPTIONS TO ADDRESS PUBLIC NUISANCE CONDITIONS AND ILLEGAL USES OF PROPERTY WITHOUT REQUIRED APPROVALS AND PERMITS Attachments: Enhanced Enforcement Staff Report_Final.docx Attachment No. 1 - Urgency Ordinance - Enforcement Enhancement.docx Attachment No. 2 - Ordinance - Enforcement Enhancement.docx 21-A. Adoption of Resolutions Amending Citywide Salary Schedule and Compensation Plans for Executive Group A and B, Mid-Management Library Group C-2, and City of Pomona Page 15 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency Part-Time Management/Confidential Employees; and Amending the Fiscal Year 2023-24 Operating Budget by Appropriating $252,987 from General Fund Reserves and Appropriating $147,282 from Non-General Fund Budgets to Implement Financial Impacts as a Result of Salary Increases and Modified Benefits It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2023-219 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR EXECUTIVE GROUP A AND B EMPLOYEES RESOLUTION NO. 2023-220 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR MID-MANAGEMENT LIBRARY GROUP C-2 EMPLOYEES RESOLUTION NO. 2023-221 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR PART-TIME MANAGEMENT/CONFIDENTIAL EMPLOYEES RESOLUTION NO. 2023-222 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2023-24 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO REFLECT NEW SALARY RATES APPROVED AS A RESULT OF 2023 LABOR NEGOTIATIONS RESOLUTION NO. 2023-223 A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRIATING $252,987 FROM GENERAL FUND RESERVES AND APPROPRIATING $147,282 FROM NON-GENERAL FUND BUDGETS TO IMPLEMENT FINANCIAL IMPACTS AS A RESULT OF SALARY INCREASES AND MODIFIED BENEFITS Attachments: Staff Report Unrep Group A-B, C-2, PTMC Attachment No. 1 Resolution Group A-B Plan Exhibit A A-B Plan 2023 11-6-2023 Attachment No. 2 Resolution Group C-2 Plan Exhibit A C-2 Plan 2023 11-6-2023 Attachment No. 3 Resolution Group PTMC Plan Exhibit A PTMC Comp Plan 2023 11-6-2023 Attachment No. 4 Resolution Salary Schedule 2023-222 Exhibit A Salary_Schedule_11-6-23 Reso 2023-222 Attachment No. 5 Resolution 2023-223 Operating Budget Exhibit A Budget Approp Groups A-B and C-2 City of Pomona Page 16 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency PUBLIC HEARINGS 22. Appeal of Historic Preservation Commission Decision to Deny Major Certificate of Appropriateness No. 021547-2023 for the Retroactive Approval of Unpermitted Renovations of a Duplex on a Contributing Resource Located at 607 N. Gibbs Street and 195 E. Pasadena Street within the Lincoln Park Historic District. It is recommended that the City council adopt the following resolution: RESOLUTION NO. 2023-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-021547-2023) FOR THE UNPERMITTED RENOVATION OF A DUPLEX AND RETROACTIVELY APPROVING THE REMOVAL OF ONE TREE AND THE REPLACEMENT OF ONE NON-HISTORIC WINDOW AND TWO ORIGINAL WINDOWS AT A CONTRIBUTING RESOURCE LOCATED AT 607 N. GIBBS STREET AND 195 E. PASADENA STREET WITHIN THE LINCOLN PARK HISTORIC DISTRICT (APN: 8336-017-008) Attachments: Staff Report Attachment 1 - Draft City Council Resolution No. 2023-182 Attachment 2 - Notice of Public Hearing Attachment 3 - Administrative Citation dated January 25, 2022 Attachment 4 - Email Correspondence from Staff to Applicant Dated Jnauary 24, 2022 Attachment 5 - Historic Preservation Commission Meeting Staff Report and Attachments Attachment 6 - Appeal Application Submittted by Applicant Attachment 7 - Approved Historic Preservation Commission Resolution No. 23-009 Attachment 8 - Staff Presentation 23. City Council Consideration of a Moratorium on the Establishment, Expansion, or Modification of Warehouses, Trucking Facilities, and Related Uses That Are Located Within the City of Pomona Scheduled to Expire on June 30, 2024 It is recommended that the City Council introduce, waive further reading and adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4339 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 36937, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA City of Pomona Page 17 Printed on 11/2/2023 City Council / Housing Authority / Regular Meeting Agenda November 6, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment No. 1 - Draft Urgency Ord. No. 4339 Attachment No. 2 – Urgency Ord. No. 4319 Attachment No. 3 – 10-Day Report 8-1-22 Attachment No. 4 – Urgency Ord. No. 4321 Attachment No. 5 – 10-Day Report 5-15-23 Attachment No. 6 – Urgency Ordinance No. 4332 Attachment No. 7 – City Council Staff Report 6-6-22 ADJOURNMENT The next Regular Meeting will be held on November 20, 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 November 6, 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 October 31, 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 18 Printed on 11/2/2023