City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, August 5, 2024 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 Nora Garcia Councilmember John Nolte Councilmember Victor Preciado 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 5, 2024 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 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 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 LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)) City of Pomona, et al. v. M & A Gabaee, et al. Los Angeles County Superior Court Case No. 22PSCV03011 Lucy Cho, et al. v. City of Pomona, et al. Los Angeles County Superior Court Case No. 20PSCV00410 New National Opioid Settlement Notice - Kroeger Co. Ref. Num. CL-789572 B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Neighborhood Services Director 7:00 P.M. Council Chambers 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 City of Pomona Page 3 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency 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. 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: July 1, 2024 Regular Meeting Minutes July 15, 2024 Regular Meeting Minutes 2. Adoption of a Resolution Receiving a Grant Award of $6,300 from Tri-City Mental Health Services and Amending the FY 2024-25 Operating Budget by Increasing Revenue City of Pomona Page 4 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency Estimates and Appropriating the $6,300 in Awarded Grant Funds It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2024-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA RECEIVING A GRANT AWARD OF $6,300 FROM TRI-CITY MENTAL HEALTH SERVICES AND AMENDING THE FY 2024-25 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING THE $6,300 IN AWARDED GRANT FUNDS 2) Authorize the City Manager, or designee, to execute all documents related with this action, with approval of the City Attorney as to form. 3. Adopt a Special Events Policy and Procedures It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2024-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING A SPECIAL EVENTS POLICY AND PROCEDURES 4. Approval of Summary Vacation VU1-2024 of a Portion of the City’s Unused Storm Drain Easement Located within the Boundary of the Residential Lots Located 1002 Corinthian Way and 1003 Gothic Way, Pomona, CA, Assessor Parcel Numbers 8358-021-005 and -004; Approval of the Quitclaim Deed for the Vacated Easement (Council District 1) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2024-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU1-2024 OF A PORTION OF THE CITY’S UNUSED STORM DRAIN EASEMENT WITHIN THE BOUNDARY OF THE RESIDENTIAL LOTS LOCATED AT 1002 CORINTHIAN WAY AND 1003 GOTHIC WAY, POMONA, CA, ASSESSOR PARCEL NUMBERS 8358-021-005 AND -004 AND APPROVING QUITCLAIM DEED FOR THE VACATED EASEMENT 2) Authorize the City Manager to execute the quitclaim deed on behalf of the City. 5. Approve a Memorandum of Understanding and License Agreement between the City of City of Pomona Page 5 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency Pomona and Just Us 4 Youth For the Use of Renacimiento Community Center It is recommended that the City Council take the following actions: 1) Approve the Memorandum of Use (MOU) and License Agreement with Just Us 4 Youth; and 2) Authorize the City Manager, or designee, to execute a one-year agreement with a one-year renewal option and any future amendments on behalf of the City. 6. A Resolution to Amend the FY 2024-25 CIP Budget; and Award of Construction Contract to California Professional Engineering, Inc. in the Amount of $377,225 for “Streetlights - Citywide (CDBG) (FY 22-23 to FY 24-25),” Project No. 428-2590-XXXXX-64777 It is recommended that the City Council approve the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2024-101 - A RESOLUTION CORRECTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $73,000 OF GENERAL FUNDS FROM “ADA CURB RAMPS AND PATH OF TRAVEL - CITYWIDE (CDBG) (FY 21-22),” PROJECT NO. 428-2590-XXXXX-67934 AND $17,775 OF MEASURE R FUNDS FROM “STREET PRESERVATION - LOCAL (FY 21-22),” PROJECT NO. 428-2590-XXXXX-68572, AND APPROPRIATING THOSE FUNDS TO “STREETLIGHTS - CITYWIDE (CDBG) (FY 22-23 TO FY 24-25), PROJECT NO. 428-2590-XXXXX-64777 2) Find that the Project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) and that the proposed project will not have significant effect on the environment; 3) Find that the apparent low bidder, Metrocell Construction, Inc., is not responsive bidder; 4) Award a construction contract to California Professional Engineering, Inc. for “Streetlights - Citywide (CDBG) (FY 22-23 to (FY 24-25),” Project No. 428-2590 -XXXXX-64777, to include all Base Bid items in the amount of $377,225; and 5) Authorize the City Manager, or her designee, to execute the construction contract/agreement and related documents (permits, etc.). 7. Resolution to Amend the Fiscal Year 2024-25 Operating Budget by Appropriating $6,000 from the Refuse Administration Fund Balance to Allow for the Completion of the City of Pomona Page 6 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency Solid Waste Franchise Fee Study and Approve Extension to Agreement with R3 to Finalize the Study It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2024-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 OPERATING BUDGET BY APPROPRIATING $6,000 FROM THE REFUSE ADMINISTRATION FUND BALANCE TO ALLOW FOR THE COMPLETION OF THE SOLID WASTE FRANCHISE FEE STUDY; 2) Approve an extension to the agreement with R3 Consulting Group, Inc. through December 31, 2024 to finalize tasks related to the solid waste fee study; and 3) Authorize the City Manager, or designee, to execute the amendment subject to review by the City Attorney. 8. Approve the Purchase of Storage and Networking Hardware from the Redesign Group in an amount not to exceed $337,000 It is recommended that the City Council take the following actions: 1) Approve the purchase of Dell PowerStore 500T Storage Server and Networking Hardware for City Hall from the Redesign Group for a total estimated amount of $227,000 utilizing NASPO ValuePoint Master Agreement Number 23026 / Participating Addendum No. 7-23-70-55-01; and 2) Approve the purchase of Dell PowerStore 500T Storage Server and Networking Hardware for the Police Department from the Redesign Group for a total estimated amount of $110,000 utilizing NASPO ValuePoint Master Agreement Number 23026 / Participating Addendum No. 7-23-70-55-01. 9. Appeal of Planning Commission Decision to Approve a Housing Development Project to develop a 1.9 acre site with 45 residential units, consisting of eight structures, each three stories in height, as well as associated on-site and off-site improvements at 1707 N. Towne Avenue. (Case File: DPR-021499-2023, TRACTMAP-021501-2023) It is recommended that the City Council uphold the decision of the Planning Commission. 10. Resolution Increasing Revenue Estimates and Appropriations for the California Violence Intervention & Prevention (CalVIP) Grant It is recommended that the City Council take the following action adopt the following City of Pomona Page 7 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency resolution: RESOLUTION NO. 2024-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING FY 2024-25 CITY OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS FOR THE CALVIP FUND 11. Resolution Approving the Submittal of Delinquent Solid Waste (Trash) Collection Accounts To the County Auditor-Controller to be Included as a Special Assessment on the FY 2024-25 Property Tax Roll It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2024-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING AND DIRECTING THE LOS ANGELES COUNTY AUDITOR-CONTROLLER TO INCLUDE DELINQUENT SOLID WASTE (TRASH) COLLECTION ACCOUNTS FROM ATHENS SERVICES AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES 2) Approve the lien list of delinquent Solid Waste (Trash) collection accounts be submitted to the Los Angeles County Auditor-Controller no later than August 1, 2024, to be included as a special assessment for the respective affected parcel on the County property tax rolls. DISCUSSION CALENDAR 12. 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. PUBLIC HEARINGS 13. Public Hearing for an appeal of Planning Commission’s approval of a Housing Development Project (DPR 72-2024) to develop 289 dwelling units City of Pomona Page 8 Printed on 7/31/2024 City Council / Housing Authority / Regular Meeting Agenda August 5, 2024 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing regarding the appeal received for the Housing Development Project; and, 2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolution: RESOLUTION NO. 2024-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING DEVELOPMENT PLAN REVIEW (DPR 72-2024) TO DEVELOP A 5.5 ACRE SITE WITH 289 DWELLING UNITS WITHIN TWO, FOUR-STORY BUILDINGS WITH PRIVATE AND COMMON OPEN SPACES, SUBTERRANEAN PARKING, GARAGE PARKING, SURFACE PARKING, COVERED PARKING, LANDSCAPING, TRASH FACILITIES, AND A PRIVATELY OWNED PUBLIC LINEAR PARK ON A PROPERTY LOCATED AT 3101-3191 N. GAREY AVENUE (APN: 8370-010-016, 8370-009-038) ADJOURNMENT The next Regular Meeting will be held on September 9, 2024 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 5, 2024 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 July 31, 2024. 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 9 Printed on 7/31/2024