Monday, February 7, 2022
7:00 PM
City of Pomona
505 S. Garey Ave.
Pomona, CA 91766
Via Teleconference - "Zoom Webinar"
City Council / Housing Authority / Successor Agency
to the Redevelopment Agency
Mayor Tim Sandoval
Vice-Mayor Robert S. Torres
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
Councilmember Elizabeth Ontiveros-Cole
Councilmember Steve Lustro
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.
Regular Meeting Agenda
Closed Session begins at 5:30 p.m.
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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. Please note that if no one requests assistance by 8:00 pm, the interpreter will be dismissed.
Si necesita interpretaci ón en espa ñol, un int érprete biling üe está disponible en las juntas regulares del Concejo Municipal y puede estar disponible en juntas especiales, si es necesario. Tenga en cuenta que si nadie solicita asistencia antes de las 8:00 pm, el intérprete será despedido. 5:30 P.M.
Via Teleconference
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
CLOSED SESSION
Via Teleconference
CALL TO ORDER
PUBLIC COMMENT
Public Participation - In response to the global COVID -19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2022-17 adopted January 24, 2022 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time .
Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff.
CLOSED SESSION AGENDA ITEMS
A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
City of Pomona vs. General Reinsurance Corporation and General Reinsurance Corporation
Federal Court Case No. 2:21-cv-01659 FLA (RAOx)
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION AND /OR
EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
One (1) Case
7:00 P.M.
Via Teleconference
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
Proclamation Proclaiming February 2022 as “Black History Month” in the City of Pomona
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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.
CITY MANAGER COMMUNICATIONS
Reports from the City Manager.
PUBLIC PARTICIPATION
Public Participation - In response to the global COVID -19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2022-17 adopted January 24, 2022 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time .
Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff.
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:
December 20, 2021 Meeting Minutes
January 10, 2022 Meeting Minutes
2. Adoption of Resolution to Continue Virtual Meetings for City Council and City Board, Commissions and Committees Due to the COVID -19 Pandemic Pursuant to Assembly Bill 361
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS
3. Award a bid for utility pavement and sidewalk cut repairs to G .M. Sager Construction Company, Inc.
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council take the following actions:
1) Approve the categorical exemption from CEQA pursuant to section 15301; 2) Award a bid to G .M. Sager Construction Company, Inc. for permanent pavement and sidewalk repairs, at the prices bid, for a term of three -years, with two additional one-year extension options; and
3) Authorize the City Manager to execute the contract and any amendments on behalf of the City, subject to review by the City Attorney.
4. Adopt a Resolution Amending the Fiscal Year 2021-22 Operating Budget by Appropriating $ 49,710 from the Safe Clean Water Program (Measure W) Fund to the State Gas Tax RMRA Fund
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY APPROPRIATING AND TRANSFERRING $ 49,710 FROM THE SAFE
CLEAN WATER PROGRAM (MEASURE W) MUNICIPAL PROGRAM FUND TO
THE STATE GAS TAX RMRA FUND BY AMENDING REVENUE ESTIMATES AND
A CORRESPONDING APPROPRIATION FOR THE SAME AMOUNT
5. Approval of Appointment to Fill the Mayoral Vacancy on the Board of Parking Place Commissioners (Vehicle Parking District)
It is recommended that the City Council review the application and approve the appointment of Paola Vega to serve as the Mayoral Representative on the Board of Parking Place Commissioners (VPD).
6. Adopt a Resolution to Amend the FY 2021-2022 Operating Budget for the Senior Citizen Nutrition Grant Fund and to Accept Funds from LA County Elderly Nutrition Grant Program in the amount of $202,118
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING
BUDGET TO ACCEPT FUNDS FROM THE LA COUNTY ELDERLY NUTRITION GRANT PROGRAM IN THE AMOUNT OF $ 202,118, INCREASE REVENUE
ESTIMATES AND APPROPRIATIONS IN THE SENIOR NUTRITION GRANT
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
FUND, AND APPROVE THE FIRST AMENDMENT TO THE AGREEMENT WITH BETTER 4 YOU MEALS, INC. TO INCREASE THE NOT -TO-EXCEED AMOUNT BY $453,221 FOR A CONTRACT AMOUNT TOTALING $603,221
7. Approval of Lot Merger LM 6-2021 for the Property Located at 2710 N. Towne Avenue, Pomona, CA, Assessor Parcel Numbers 8313-001-002 & -238, Related to the Modera Multi-Family Residential Development, 210 Units (Council District 6) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-18 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM6-2021 FOR THE PROPERTY LOCATED AT 2710 N. TOWNE AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBERS 8313-001-002 & -238 2) Authorize the City Engineer to sign the Lot Merger LM6-2021 on behalf of the City.
8. Approval of Parcel Map PM No. 73821-1 for the Property Located at 55-65 Rancho Camino Drive, Pomona, CA, Assessor Parcel Number 8708-001-054, Related to a Proposed Mixed Use Development Consisting of 105 Residential Units and Health Club (Council District 5)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING PARCEL MAP PM NO . 73821-1 FOR THE PROPERTY LOCATED AT 55-65 RANCHO CAMINO DRIVE, ASSESSOR PARCEL NUMBER 8708-001-054
2) Authorize the City Engineer to sign the Parcel Map PM No. 73821-1 on behalf of the City.
9. Award of Contract to Otto Environmental Systems, North America, Inc. for Purchase of Refuse Containers
It is recommended that the City Council take the following actions:
1) Award a contract to Otto Environmental Systems, North America, Inc. for as -needed purchase of refuse containers through a cooperative purchase agreement that was executed by DeKalb County through August 31,2022; and
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Authorize the City Manager, or designee, to approve the agreement, purchase orders, and any extensions thereto, on behalf of the City.
10. Approval of Agreement with City of La Verne for Arrow Highway Median Improvements It is recommended that the City Council take the following actions:
1) Approve an agreement with the City of La Verne for median landscape /irrigation improvements and project management on Arrow Highway from White Avenue in La Verne to Garey Avenue in Pomona; and
2) Authorize the City Manager, or designee, to approve the agreement and any extensions/amendments thereto, on behalf of the City.
11. Amendment to the Engagement Letter Agreement with Kabbara Engineering in the Amount of $ 4,689 for Engineering Services for the Emergency Shelter Annex /Water Utility Access Project
It is recommended that the City Council take the following actions:
1) Amend the Engagement Letter Agreement with Kabbara Engineering in the amount of $4,689 to provide additional engineering services for the “Emergency Shelter Annex/Water Utility Access,” CIP Project No. 428-2590-XXXXX-71053; and 2) Authorize the City Manager to execute all documents and subsequent amendments related with this action, with approval of the City Attorney as to form.
12. Receive and File Report Required by City Ordinance No. 4244 Related to the California Values Act (SB 54)
It is recommended that the City Council receive and file a status report of the City ’s compliance with City of Pomona Ordinance No. 4244 and the State of California Values Act (SB 54).
13. Resolution Adopting Notification of Intent to Comply with SB 1383 Regulations It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-16 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ADOPTING THE NOTIFICATION OF INTENT TO COMPLY WITH SB 1383 REGULATIONS
14. Amendment to Agreement with HR Green Pacific, Inc. for Professional Review and Inspection Consulting Services
It is recommended that the City Council take the following actions:
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
1) Approve an Amendment to a contract with HR Green Pacific, Inc. to provide professional on -call review and inspection consulting services for “Transit Improvement Program - Gold Line,” Project No. 428-2590-XXXXX-68559 for an amount not -to-exceed $300,000 for the initial three -year term, with renewal options not -to-exceed a combined additional amount of $200,000 during an additional two-year term; and
2) Authorize the City Manager or designee, to execute the amendment and any subsequent amendments as well as renewal options.
DISCUSSION CALENDAR
15. Update Regarding Community Services Program and Activities It is recommended that the City Council take the following actions:
1) Review staff ’s presentation on Community Services program and activities and discuss the information contained therein;
2) Provide direction to staff regarding the trajectory of programming outlined in the presentation; and,
3) Receive and file this report.
16. 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 for previously approved projects/activities.
17. Approval of Salary Increase for the City Clerk
It is recommended that the City Council approve a five percent (5%) pay increase effective December 5, 2021 for City Clerk Rosalia Butler within the existing salary range for the position of City Clerk.
18. Approval of Salary Increase for the City Manager and Adoption of Resolutions Amending Citywide Salary Schedule and Compensation Plan for Executive Group A and B Employees
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council take the following actions:
1) Approve a four percent (4%) pay increase effective January 16, 2022 for City Manager James Makshanoff in accordance with his employment contract; and 2) Adopt the following resolutions:
RESOLUTION NO. 2022-22 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF
POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2021-22 TO MEET
THE REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS
TITLE 2, SECTIONS 570.5 AND 571 TO MODIFY THE SALARY OF THE
CITY MANAGER
RESOLUTION NO. 2022-25 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX A OF
THE COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP
A AND B EMPLOYEES BY MODIFYING THE SALARY FOR THE CITY
MANAGER
PUBLIC HEARINGS
19. Public Hearing to Consider Adoption of “Pro Housing Pomona,” the City’s update to the Housing Element of the Pomona General Plan for the Sixth Cycle, 2021-2029 (General Plan Amendment 17271-2021)
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2022-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA APPROVING “PRO HOUSING
POMONA,” THE SIXTH CYCLE UPDATE TO THE HOUSING ELEMENT OF
THE POMONA GENERAL PLAN
20. Public Hearing Regarding the Vacation of a Public Alley Located North of Mission Boulevard, Between Linden and Palomares Street, Vacation No. V-318, and Adoption of a Resolution Ordering Vacation No. V-318 (Council District 2) It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the vacation of the public alley located north of Mission Boulevard, between Linden Street and Palomares Street, within Block 71 of Pomona Tract, in the City of Pomona, County of Los Angeles, State of California, recorded in Book 3, pages 90 and 91 et seq. of Miscellaneous Maps, in the Office of County Recorder of said County, Vacation No. V-318, to consider evidence presented pursuant to Sections 8324 of California Streets and Highways
February 7, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Codes; and
2) Upon receiving public comment and testimony and finding that the alley to be vacated is unnecessary for present or future public alley use, conclude the public hearing and adopt the following resolution:
RESOLUTION NO. 2022-19 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA ORDERING THE VACATION OF A PUBLIC
ALLEY LOCATED NORTH OF MISSION BOULEVARD, BETWEEN LINDEN STREET AND PALOMARES STREET, VACATION NO. V-318
21. City Council Consideration of Introduction and Adoption of Urgency Ordinance No. 4310, Rescinding Urgency Ordinance No. 4306, which originally established the SB 330 Overlay District, as well as Introduction and Adoption of Urgency Ordinance No. 4311, Re-Establishing the SB 330 Overlay District
It is recommended that the City Council introduce and adopt the following urgency ordinances:
URGENCY ORDINANCE NO. 4310 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RESCINDING IN ITS ENTIRETY URGENCY ORDINANCE NO. 4306 WHICH ESTABLISHED THE SB 330 OVERLAY DISTRICT, FINDING THE ACTION EXEMPT FROM CEQA URGENCY ORDINANCE NO. 4311 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RE -ESTABLISHING THE SB 330 OVERLAY DISTRICT, FINDING THE ACTION EXEMPT FROM CEQA
ADJOURNMENT
The next Regular Meeting will be held on February 28, 2022 via teleconference. 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 February 7, 2022 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers and City Council Conference Room, and on the City’s website www.pomonaca.gov on February 1, 2022.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk