City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, December 4, 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 Victor Preciado Councilmember John Nolte 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 December 4, 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 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 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)) Citizens for Amending Prop L, et al. v. City of Pomona, et al. Los Angeles County Superior Court Case No. 19STCP00482 B) 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 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: Anita Gutierrez and René Anderson 7:00 P.M. Council Chambers CALL TO ORDER City of Pomona Page 3 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Pomona City Hall - Annual Tree Lighting Ceremony Recognition of Benita DeFrank from the San Gabriel Valley Regional Housing Trust Presentation of the Pomona Goddess to Neighborhood Services Department Director Benita DeFrank 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. City of Pomona Page 4 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency 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: November 6, 2023 Meeting Minutes Attachments: FINAL MINUTES 11-6-2023.pdf 2. Award a Sole Source Agreement to Advanced Utility Systems for Upgrade and Maintenance of the Utility Customer Information System Software It is recommended that the City Council take the following action: 1) Award a sole source agreement to Advanced Utility Systems (Advanced) for upgrade and maintenance of the City’s utility Customer Information System (CIS), in a not-to-exceed amount of $467,825 of which $64,260 is for annual maintenance fees for four contract years; and, 2) Authorize the City Manager, or designee, to execute the agreements on behalf of the City and any subsequent documents or amendments, subject to approval as to form by the City Attorney. Attachments: Staff Report - Utility Customer Information System Upgrade 3. Award of Contract to Parkwood Landscape Maintenance, Inc. for Citywide Weed Abatement and Minor Insect and Pest Control Services It is recommended that the City Council take the following actions: 1) Award a three-year contract with two (2) optional one-year extensions to Parkwood Landscape Maintenance, Inc. for Citywide weed abatement services, and minor insect and pest control services effective December 5, 2023 through December 4, 2026, in an amount not-to-exceed $273,000; and 2) Authorize the City Manager, or designee, to execute the agreement and any related documents, amendments, and extensions, subject to approval by the City Attorney. City of Pomona Page 5 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency Attachments: Staff Report Attachment 1-Parkwood Landscape DRAFT Agreement 4. Approval of Agreement with Just Us 4 Youth (JU4Y) for Services Relating to the Implementation of the California Violence Intervention and Prevention Grant (CalVIP) It is recommended that the City Council take the following actions: 1) Approve a twenty-month agreement with Just Us 4 Youth (JU4Y) in the amount not to exceed $200,000 for their role in supporting the Office of Violence Prevention (OVP) as it carries out the City of Pomona’s California Violence Intervention and Prevention (CalVIP) Grant implementation of the CalVIP Grant; and, 2) 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. Attachments: CalVIP JU4Y 2023-12-04 Just Us 4 Youth SOW - Final V2 5. Award of Professional Consultant Services Agreement to RKA Consulting Group for “Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573 It is recommended that the City Council take the following actions: 1) Award a Professional Consultant Services Agreement to RKA Consulting Group for Design and Construction Management Services in the amount of $1,747,230 for “Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No. 428-2590-XXXXX-68573, and 2) Authorize the City Manager, or designee, to execute the Agreement on behalf of the City and any subsequent documents or amendments, subject to approval by the City Attorney. Attachments: Staff Report RKA Agreement for Professional Services-DRAFT 6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Creating a New Project, “Palomares Park - Lawn Bowling Shade Structure Replacement” It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-232 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE 2023-24 CAPITAL City of Pomona Page 6 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency IMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE ESTIMATES FOR LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT MEASURE A FUNDING BY $543,684 AND CREATING A NEW PROJECT, “PALOMARES PARK - LAWN BOWLING SHADE STRUCTURE REPLACEMENT,” PROJECT NO. 428-2590-XXXXX-71097; APPROPRIATING $43,000 OF LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT MEASURE A FUNDING ANNUAL ALLOCATIONS TO THE NEW PROJECT, AND APPROPRIATING AN ADDITIONAL $500,684 OF MEASURE A ANNUAL ALLOCATIONS TO “MEASURE A PARK IMPROVEMENTS - CITYWIDE,” PROJECT NO. 428-2590-XXXXX-71080 Attachments: Staff Report Attachment No. 1 - Resolution Attachment No. 2 - CIP Project Details Sheet 7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Unappropriating Funds from Various Projects, and Appropriating These Funds and ATP Cycle 4 Grant Funds to “Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements,” Project No. 428-2590-XXXXX-67930; and Awarding a Construction Contract to Gentry Brothers, Inc. It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-231 - 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 FUNDS FROM VARIOUS PROJECTS AS INDICATED IN ATTACHMENT NO. 1- EXHIBIT 1 TO RESOLUTION AND APPROPRIATING THESE FUNDS TO “POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67930; AND BY ACCEPTING, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $8,534,000 OF ATP CYCLE 4 GRANT FUNDS TO “POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67930 2) Award a Construction Contract to Gentry Brothers, Inc. in the amount of $15,022,039 to include Base Bid plus Additive Alternates one (1) through five (5) for “Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements,” Project No. 428-2590-XXXXX-67930; 3) Authorize the City Manager, or his designee, to execute the construction contract, and all related documents (ATP Cycle 4 Grant documents, permits, etc.); 4) Find that the project referenced above is categorically exempt from the California City of Pomona Page 7 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and 5) Approve including Saturdays in the “Allowed Working Days” for the Contractor to perform construction improvements, as necessary. Attachments: Staff Report Attachment No. 1 - Resolution Exhibit 1 to Resolution Attachment No. 2 - Project Maps Attachment No. 3 - Bid Breakdown Attachment No. 4 - Draft Contract 8. Approval of Amendment to the City’s Special Legal Counsel Panel It is recommended that the City Council take the following actions: 1) Approve hourly rate increase for the Law Offices of Richard Powell to $200 per hour; and 2) Authorize the City Manager to execute an updated retainer agreement with the requested firm. Attachments: Staff Report Legal Counsel Panel Update Nov 2023 Attachment No. 1 - Updated Legal Counsel Panel 12-4-23 9. Award a Contract to RADAR Inc. for Architectural Services for the Preparation of Plans and Specifications for the Rehabilitation of 252 E. 4th Street, Pomona, CA It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority take the following actions: 1) Approve an award of contract to RADAR Inc. for the preparation of plans and specification for the rehabilitation of 252 E. 4th Street, Pomona in the amount of $350,725; and 2) Authorize the Executive Director of the Housing Authority or designee, to execute the contract on behalf of the Housing Authority, subject to review by the City Attorney. Attachments: Staff Report - Award of Contract Architectural Services.docx 10. Amendment to Purchase Order with Architerra Design Group for the Hamilton Park Renovation Project It is recommended that the City Council take the following actions: 1) Approve Amendment No. 6 to Purchase Order No. 202304 with Architerra Design City of Pomona Page 8 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency Group in the amount of $1,963, for a new total contract amount of $146,663, for professional design services for “Hamilton Park Renovation,” Project No. 428-2590-XXXXX-71070; and 2) Authorize the City Manager, or designee, to execute any documents necessary to execute Amendment No. 6, subject to City Attorney approval. Attachments: Staff Report 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. Attachments: cc- 12.4.23 FOPB Staff Report.docx 12.4.23 Attachments_Redacted.pdf 12. City Council Consideration of a Moratorium on the Establishment, Expansion, or Modification of Certain Logistics Facilities and Related Uses that are Located within the City of Pomona It is recommended that the City Council introduce, waive further and give reading to 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 65858, ESTABLISHING A TEMPORARY 45-DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF CERTAIN LOGISTICS FACILITIES AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA City of Pomona Page 9 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 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 13. Adoption of an Urgency Ordinance Amending the City of Pomona Zoning Ordinance Pertaining to Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations and Determining the Ordinance to be Exempt from CEQA It is recommended that the City Council introduce, waive further, give reading to, and adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4340 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION .5809-26 OF THE CITY OF POMONA ZONING ORDINANCE PERTAINING TO ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA Attachments: Staff Report Attachment No 1 - Draft Urgency Ord No 4340 Attachment No 2 - Exhibit A 14. City Council Direction - Ballot Argument Concerning an Initiative Measure to Reduce Transactions and Use Tax Rate from 0.75% to 0.50% and to Extend the Term of the Tax by Repealing its March 31, 2029 Sunset It is recommended that the City Council consider the information provided herein and provide staff direction. Attachments: Dec 4 2023 Staff Report - Rebuttal 15. Determine the Terms of Two (2) of the Police Oversight Commissioners to be Two (2) Year Terms Pursuant to Ordinance No. 4333 It is recommended that the City Council determine the terms of two (2) of the new commissioners of the Police Oversight Commission to be two (2) year terms pursuant to Section 2-654 of Ordinance No. 4333. Attachments: Staff Report-Commissioner Terms.DOCX Attachment No. 1 - Ord. No. 4333.pdf City of Pomona Page 10 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency PUBLIC HEARINGS 16. Appeal of Planning Commission Decision Regarding Conditional Use Permit No. 18542-2022 for the Development of a Drive-Through Configuration of a Restaurant and Development Plan Review No. 18543-2022 for the Remodel of the Existing Building into an Eating and Drinking Establishment on 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 adopt the following resolutions: RESOLUTION NO. 2023-233 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (CUP-018542-2022) FOR THE CREATION OF A DRIVE-THROUGH CONFIGURATION FOR A RESTAURANT ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD (APN: 8367-001-062) IN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS RESOLUTION NO. 2023-234 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A DEVELOPMENT PLAN REVIEW (DPR-018543-2022) FOR THE REMODEL AND CONVERSION OF AN EXISTING 4,400 SQUARE-FOOT OFFICE BUILDING INTO AN EATING AND DRINKING ESTABLISHMENT, INCLUDING A 141 SQUARE FOOT ADDITION, ON A PROPERTY LOCATED AT 110 E. FOOTHILL BOULEVARD (APN: 8367-001-062) IN THE NEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS Attachments: Staff Report Attachment 1 - Draft Resolution No. 2023-233 Attachment 2 - Draft Resolution No. 2023-234 Attachment 3 - Public Hearing Notice Attachment 4 - Appeal Application and Letter Submitted by Applicant dated October 12, 2023 Attachment 5 - Planning Commission Meeting Staff Report for September 27, 2023 Attachment 6 - City Council Meeting Staff Report for November 6, 2023 Attachment 7 - Staff Presentation 17. Public Hearing to Adopt a Resolution Establishing a Pre-Arrest Youth Diversion Policy It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing regarding the adoption of a resolution establishing a City of Pomona Page 11 Printed on 11/28/2023 City Council / Housing Authority / Regular Meeting Agenda December 4, 2023 Successor Agency to the Redevelopment Agency pre-arrest youth diversion policy, and 2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolution: RESOLUTION NO. 2023-237 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IMPLEMENTING SECTION 2-1202 OF THE CITY OF POMONA MUNICIPAL CODE AND ESTABLISHING A PRE-ARREST YOUTH DIVERSION POLICY TO OFFER POMONA YOUTH A SECOND CHANCE Attachments: Staff Report - Pre Arrest Youth Diversion.docx Attachment No. 1 - Ordinance No. 4336.pdf Attachment No. 2 - Resolution 2023-237.docx Attachment No. 3 - Public Hearing Notice.pdf ADJOURNMENT The next Special Meeting will be held on December 11, 2023 in the City Council Chambers, 505 S. Garey Avenue, Pomona, California. The Open Session will commence at 6:00 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 December 4, 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 November 28, 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 12 Printed on 11/28/2023