Monday, December 5, 2022
5:30 p.m. in the Chuck Bader Conference Room and 7:00 p.m. in the Council Chambers
City of Pomona
505 S. Garey Ave.
Pomona, CA 91766
City Council / Housing Authority / Successor Agency to
the Redevelopment Agency
Mayor Tim Sandoval
Vice-Mayor Elizabeth Ontiveros-Cole
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
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.
REVISED Regular Meeting Agenda
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED 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 tha t 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 Governmen t 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 t hat 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 o f 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 p ossible. 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 inte rpreter is available at Regular City Council meetings and may be available at Special meetings, if necessary.
Si necesita interpretaci ón en espa ñol, un int érprete biling üe est á 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
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
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) A) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: City Manager James Makshanoff and Development Services Director Anita Gutierrez
Employee Organization: Pomona City Employees ’ Association, a Chapter of Teamsters Local 1932; and Pomona Mid-Management/Confidential Employees Association
B) B) POTENTIAL/THREAT OF LITIGATION
(pursuant to Government Code Section 54956.9(d)(2))
One (1) case related to land use appeal
7:00 P .M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
*Pomona City Hall - Annual Tree Lighting Ceremony
*Presentation by the Pomona Police Department on the City’s Homeless Services
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED 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 – 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 na me 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 with out 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. I f 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. Second Reading and Adoption of Ordinance No. 4323 Awarding an Exclusive Franchise Agreement to Arakelian Enterprises, Inc. DBA Athens Services for Residential and Commercial Solid Waste, Recyclable Materials, and Organic Collection Services
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 4323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, AWARDING AN EXCLUSIVE FRANCHISE AGREEMENT TO ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES FOR RESIDENTAL AND
COMMERICAL SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC
COLLECTION SERVICES
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
Staff Report
Attachment No. 1 - November 21, 2022 Staff Report
Attachment No. 2 - Ordinance 4323.pdf
Attachment No. 3 - Pomona Franchise Agreement.pdf
Attachments:
2. Approval of Operations and Maintenance Agreement with Omnitrans for the West Valley Connector Bus Rapid Transit Project
It is recommended that the City Council take the following actions:
1) 1) Approve the Operations and Maintenance (O&M) Agreement with Omnitrans for the West Valley Connector Bus Rapid Transit Project (Project); and
2) Authorize the Public Works Director to execute the O&M agreement on behalf of the City.
Staff Report
Attachment No. 1 – O&M Agreement with Omnitrans
Attachments:
3. Adoption of a Resolution Approving Tract Map TM No. 82889 for the Property Located at 2115 S. Garey Avenue, Pomona, CA, Assessor Parcel Numbers 8344 -033-046 to -050, Related to the Proposed Gateway 156” Residential Development (Council District 2)
It is recommended that the City Council take the following actions:
1) 1) Adopt the following resolution:
RESOLUTION NO. 2022 -204 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO. 82889 FOR THE PROPERTY LOCATED AT 2115 S. GAREY AVENUE, ASSESSOR PARCEL NUMBERS 8344-033-046 TO -050
2) Authorize the City Engineer to sign the Tract Map TM No. 82889 of behalf of the City.
Staff Report
Attachment No. 1 - Resolution 2022-204
Exhibit A
Attachment No. 2 - PC Resolution No. 21-023_TTM
Attachment No. 3 - Vicinity Map
Attachment No. 4 - Aerial Map
Attachments:
4. Adopt a Resolution Approving the Administering Agency -State Program Supplemental Agreement No. T01 REV. 1 and Amending the FY 2022-23 Capital Improvement Program Budget, and Award a Contract to RKA Consulting Group for Professional
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
Services for “Pomona Multi-Neighborhood Pedestrian and Bicycle Improvements ” Project in an Amount Not-To-Exceed $1,374,805
It is recommended that the City Council take the following actions:
1) 1) Adopt the following resolution:
RESOLUTION NO. 2022 -203 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE ADMINISTERING AGENCY-STATE PROGRAM SUPPLEMENTAL AGREEMENT NO. T01 REV. 1 FOR ATP CYCLE 4 CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT, “POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND B ICYCLE IMPROVEMENTS, ” PROJECT NO. 428 -2590-XXXXX-67930, BETWEEN THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) AND THE CITY OF POMONA (CITY) FOR FEDERAL AND STATE FUNDED PROJECT NUMBER ATPL-5070(035)
FOR REIMBURSEMENT OF CITY COSTS BY CALTRANS, AND AMENDING THE FY 2022 -23 CIP BUDGET BY DECREASING REVENUE ESTIMATES AND UNAPPROPRIATING $117,843 OF UNUSABLE REMAINING ATP CYCLE 4 (T01/PES/PA&ED) GRANT FUNDS AS WELL AS INCREASING REVENUE ESTIMATES AND APPROPRIATING $515,000 OF ATP CYCLE 4 (T01REV1/PE/RW)
GRANT FUNDS FOR THE PROJECT
2) 2) Award a bid to RKA Consulting Group to provide professional consulting services in an amount not-to-exceed $1,374,805.
3) Authorize the City Manager to execute an agreement and amendments/ revisions subject to review and approval as to form by the City Attorney.
Staff Report
Attachment No. 1 - Resolution No. 2022-203
Attachments:
5. Adoption of a Resolution Approving Tract Map TM No. 83625 for the Property Located at 961 E. Phillips Boulevard, Pomona, CA, Assessor Parcel Number 8333 -031-032, Related to “The Commons at Phillips ” 12-Unit Residential Condominium Development (Council District 3)
It is recommended that the City Council take the following actions:
1) 1) Adopt the following resolution:
RESOLUTION NO. 2022 -217 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO.
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
83625 FOR THE PROPERTY LOCATED AT 961 E. PHILLIPS BOULEVARD, ASSESSOR PARCEL NUMBER 8333-031-032
2) Authorize the City Engineer to sign the Tract Map TM No. 83625 on behalf of the City.
Staff Report
Attachment No. 1 - Resolution 2022-217
Exhibit A
Attachment No. 2 - PC Resolution No. 22-004_TTM
Attachment No. 3 - Vicinity Map
Attachment No. 4 - Aerial Map
Attachments:
6. Adopt a Resolution amending the FY 2022 -23 Water Operating Fund and the Recycled Water Program Budget
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-216 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 WATER OPERATING FUND AND THE RECYCLED WATER PROGRAM BUDGET BY APPROPRIATING $347,366
OF RECYCLED WATER RESERVES
CR- Recycled Water Payment
Attachment 1 - Resolution
Attachments:
7. Adopt a Resolution Authorizing the Acceptance of Two Continuum of Care Grant Awards from the Department of Housing and Urban Development (HUD) Totaling $3,131,970, and a Professional Services Agreement with Volunteers of America, Los Angeles (VOALA) in the Amount of $1,018,603
It is recommended that the City Council take the following actions:
1) 1) Adopt the following resolution:
RESOLUTION NO. 2022 -218 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF TWO CONTINUUM OF CARE GRANT AWARDS FROM HUD TOTALING $3,131,970
2) 2) Award a professional services agreement to Volunteers of America, Los Angeles (VOALA) in the amount of $1,018,603; and
3) 3) Authorize the City Manager, or his designee, to execute approp riate contracts and other documentation requested for acceptance of the award and operation of the
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
above listed Continuum of Care Programs for submission to funders, subject to approval as to form by the City Attorney.
Staff Report - Accepting COC Funds
Attachment 1 - Resolution No. 2022-218
Attachments:
8. Adopt a Resolution Amending the FY 2022 -23 Operating Budget by Increasing Appropriations by $18,240 from Existing Public Art Fund Reserves
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-222 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALI FORNIA, AMENDING THE FY 2022 -23 OPERATING BUDGET BY INCREASING APPROPRIATIONS BY $18,240 FROM EXISTING PUBLIC ART FUND
RESERVES TO ACCOUNT FOR PUBLIC ART ACTIVITIES
Staff Report
Attachment 1 -Resolution 2022-222
Attachments:
9. Adopt a Resolution to Amend the FY 2022 -23 Operating Budget by Carrying Over Remaining Funds from FY 2021-22 to Increase Revenue Estimates and Appropriations in Homeless Grant Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-219 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022 -23 OPERATING BUDGET BY CARRYING OVER REMAINING FUNDS FROM FY 2021 -22 TO INCREASE REVENUE ESTIMATES BY $2,740 AND APPROPRIATIONS BY $2,740 IN MEASURE H FUNDS AND INCREASE REVENUE ESTIMATES BY $175,119 AND APP ROPRIATIONS BY $175,119 IN TRI-CITY MENTAL HEALTH STATE ACT (MHSA) GRANT FOR A TOTAL OF $177,859
Staff Report
Attachment 1 - Resolution No. 2022-219
Attachments:
10. All-Way Stop Signs and/or Crosswalks at Various Intersections
It is recommended that the City Council take the following actions:
1) 1) Direct staff to install all way stop signs at the following intersections:
a. a. Ninth Street at Eleanor Street
b. b. Park Avenue at Commercial Street
c. c. Dudley Street at Vejar Street
d. d. North Ranch Road at Rock Bluff Road, and
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
2) Direct staff to install four crosswalks at the intersection of Park Avenue and Commercial Street, as funding allows.
Staff Report Attachments:
11. Amending the Consolidated Plan, the Fiscal Year (FY) 2022 -23 Annual Action Plan and the FY 2022 -23 operating budget by carrying over remaining funds from FY 2021 -22 to increase revenue estimates and appropriations in Emergency Solutions Grant Cares Act (ESG-CV) Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-220 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN, THE FISCAL YEAR (FY) 2022-23 ANNUAL ACTION PLAN AND FY 2022 -23 OPERATING BUDGET BY CARRYING OVER REMAINING FUNDS FROM FY 2021 -22 TO INCREASE
REVENUE ESTIMATES AND APPROPRIATIONS IN EMERGENCY SOLUTIONS
GRANT CARES ACT (ESG-CV) FUNDS
Staff Report - Amend Con Plan to Carryover of ESG CV Funds Attachment No. 1 - Resolution No. 2022-220
Attachments:
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) 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.
FOPB Staff Report
Attachment
Attachments:
13. Introduction and First Reading of Ordinance No. 4326 Amending Sections 74-1 and 74-31 of the Pomona City Code to Adopt the 2022 Edition of the California Building Standards Code
It is recommended that the City Council introduce, read by title only, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4326 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTIONS 74-1 AND 74-31 OF ARTICLE
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
I, CHAPTER 74 OF THE POMONA CITY CODE BY ADOPTING THE 2022 EDITION OF
THE CALIFORNIA CODES AND RELATED MODEL CODES WITH APPENDICES AND
AMENDMENTS THERETO
Staff Report.docx
Ordinance 4326.docx
Attachments:
14. Pomona Jobs Program (PJP) - Use of City American Rescue Plan (ARP) Funds
It is recommended that the City Council discuss and provide staff direction regarding the proposal (Attachment No.1) presented by Latino -Latina Roundtable of the San Gabriel and Pomona Valley (LRT), in partnership with the Institute for Ecological Civilization (EcoCiv) and the Wellbeing Economy Alliance California Hub (WEAll), which is seeking funding from the City of Pomona ’s American Rescue Plan Act (ARP) funds to help launc h the Pomona Jobs Program (the “PJP”).
job creation council report v3 final version dec5 agenda.docx Attach 1-Pomona Jobs Program Proposal
Attach 2 - Final Rule.pdf
Attachments:
PUBLIC HEARINGS
15. Introduction and First Reading of an Ordinance Awarding Non -Exclusive Towing Franchises for City-Initiated Tows to Four (4) Franchises
It is recommended that the City Council take the following actions:
1) 1) Open the public hearing and after receiving testimony and public comment, close the public hearing;
2) 2) Introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4325 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, AWARDING NON-EXCLUSIVE TOWING FRANCHISES FOR CITY-INITIATED TOWS TO SANDERS TOWING INC., S&J TOWING SERVICE, INC., CARPE CARMA, L.L.C., DBA POMONA VALLEY TOWING, INC., AND AL & SON ’S TOWING, INC. FOR A TERM OF THREE YEARS
12-05-22 Staff Report .docx
Attachment No. 1 - PH Notice.docx
Attachment No. 2 - Reso. No. 2022-177.doc
Attachment No. 3 - Proposed Ord. No. 4325.doc
Attachments:
16. Appeal of Historic Preservation Commission Decision to Deny the Request for a Major Certificate of Appropriateness (MAJCOA-18024-2022) to Demolish a Six-Unit
December 5, 2022 City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
REVISED Regular Meeting
Agenda
Multi-Family Development and One Single -Family Dwelling Constructed Prior to 1945 (Continued from November 21, 2022 Council Meeting)
It is recommended that the City Council adopt one of the following resolutions:
RESOLUTION NO. 2022-208 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF
APPROPRIATENESS (MAJCOA-18024-2022) FOR THE DEMOLITION OF PRE -1945 STRUCTURES LOCATED AT 548 AND 554 W. CENTER STREET (APN: 8340 -030-006 & 8340-030-012)
or
RESOLUTION NO. 2022-212 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF
APPROPRIATENESS (MAJCOA-18024-2023) TO ALLOW FOR THE DEMOLITION OF PRE-1945 STRUCTURES LOCATED AT 548 AND 554 W. CENTER STREET (APN:
8340-030-006 & 8340-030-012)
Staff Report
Attachment 1 - Staff Report and Attachments from November 21, 2022 Attachments:
ADJOURNMENT
The next Regular Meeting will be held on December 19, 2022 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, Karla Shipman, Assistant City Clerk for the City of Pomona, hereby certify that the revised agenda for the December 5, 2022 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 December 1, 2022.
I declare under the penalty of perjury that the foregoing is true and correct.
/s/ Karla Shipman, CMC
Assistant City Clerk