Monday, January 23, 2023
7:00 PM
City of Pomona
505 S. Garey Ave.
Pomona, CA 91766
Council Chambers
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.
Regular Meeting Agenda
Closed Session begins at 5:30 p.m.
January 23, 2023City 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.
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. 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.
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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 REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Palm Lake
(APN No’s: 8343-016-013 & 8343-016-001)
Negotiating Parties: 1) Chino Development League
2) 1500 Phillips LLC
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
B) POTENTIAL/THREAT OF LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
One (1) case related to land use appeal
C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957(b)(1))
City Attorney
City Clerk
City Manager
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
PRESENTATIONS
Presentation of the APWA 2022 Project of the Year Award to the City of Pomona for the Valley Blvd. Class IV Protected Bikeway Project
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 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:
November 21, 2022 Meeting Minutes - REVISED
December 19, 2022 Meeting Minutes
January 9, 2023 Meeting Minutes
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2. Approval of Lot Merger LM 12-2022 for the Property Located at 309 E. College Plaza, Pomona, CA, Assessor Parcel Number 8335-008-015, Related to the Tenant Improvement of the Western University Health of Sciences Building (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM 12-2022 FOR THE PROPERTY LOCATED AT 309 E. COLLEGE PLAZA, ASSESSOR
PARCEL NUMBER 8335-008-015
2) Authorize the City Engineer to sign the Lot Merger LM 12-2022 on behalf of the City of Pomona.
3. Authorization to Execute a Memorandum of Understanding between the Cities of Pomona, San Dimas, La Verne, Claremont, and the San Gabriel Valley Council of Governments to the Heart of the Foothills Open Street Event on April 23, 2023; and Adopt a Resolution Amending the FY 2022-23 Revenues and Appropriations for the General Fund and Traffic Offender Fund by Appropriating $ 20,000 in Prop C Grant Funds for the Event
It is recommended that the City Council take the following actions:
1) Authorize the City Manager to execute the proposed Memorandum of Understanding (MOU) between the cities of Pomona, San Dimas, La Verne, Claremont, and the San Gabriel Valley Council of Governments (SGVCOG) to host the Heart of the Foothills Open Street Event on April 23, 2023, in substantially the form submitted; and
2) Adopt the following resolution:
RESOLUTION NO. 2023-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23
OPERATING BUDGET BY INCREASING THE REVENUE ESTIMATES AND APPROPRIATONS IN THE GENERAL FUND ($13,000) AND TRAFFIC OFFENDER FUND ($7,000) FOR RECEIPT OF $ 20,000 IN PROP C GRANT
FUNDS PURSUANT TO THE MEMORANDUM OF UNDERSTANDING FOR
HEART OF THE FOOTHILLS EVENT ON APRIL 23, 2023
4. Adoption of a Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) Budget and Operating Budget by Creating a New Project, “Park Improvements - Sport Court Resurfacing and Restriping,” and Appropriating $ 95,000 of Youth Commitment Funding to the Project
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “PARK IMPROVEMENTS - SPORT COURT RESURFACING AND RESTRIPING, ” PROJECT NO. 428-2590-XXXXX-71069 AND AMENDING THE FY 2022-23 OPERATING BUDGET BY UNAPPROPRIATING $ 95,000 OF GENERAL FUND YOUTH COMMITMENT FUNDING AND APPROPRIATING THIS $ 95,000 OF
GENERAL FUND YOUTH COMMITMENT FUNDING TO THE NEW PROJECT
5. Approval of Lot Merger LM 15-2022 for the Property Located at 207 E. Grevillia Street, Pomona, CA, Assessor Parcel Numbers 8366-012-015, Related to the Remodeling of an Existing Residential Property (Council District 6)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM 15-2022 FOR THE PROPERTY LOCATED AT 207 E. GREVILLIA STREET, ASSESSOR PARCEL NUMBER 8366-012-015
2) Authorize the City Engineer to sign the Lot Merger LM 15-2022 on behalf of the City of Pomona.
6. Approval of Lot Merger LM 7-2022 for the Property Located at 1238-42 W. Eleventh Street, Pomona, CA, Assessor Parcel Number 8349-027-036, Related to the Upgrading of an Existing Residential Property (Council District 2) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM 7-2022 FOR THE PROPERTY LOCATED AT 1238-42 W. ELEVENTH STREET, ASSESSOR PARCEL NUMBER 8349-027-036
2) Authorize the City Engineer to sign the Lot Merger LM 7-2022 on behalf of the City of Pomona.
7. Appeal of Conditional Use Permit (CUP 18563-2022) for Property Located within the Transit Oriented District of the Pomona Corridors Specific Plan (PCSP)
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council uphold the Planning Commission decision to deny the request for a Conditional Use Permit to establish Type 21 Alcohol License (Off-Sale General) at an existing convenience store on the property located at 2455 N. Garey Avenue.
8. Amend the Fiscal Year 2022-23 Operating Budget by Appropriating $ 287,741 of Available AQMD Funds and Approve the Purchase of One Asphalt Patch Truck from PB Loader Corporation for the Public Works Department
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-08 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 OPERATING BUDGET BY APPROPRIATING $287,741 FROM THE
AVAILABLE AQMD FUND BALANCE TO PURCHASE ONE ASPHALT
PATCH TRUCK FROM PB LOADER CORPORATION FOR THE PUBLIC
WORKS DEPARTMENT
2) Approve the purchase of an asphalt patch truck from PB Loader Corporation in the amount of $287,741.
9. Approval of Contract with Safe Passages and Advance Peace for Technical Assistance/Support, Training and Development relating to Implementation of the California Violence Intervention and Prevention Grant (CalVIP) It is recommended that the City Council take the following actions:
1) Review and approve a three -year agreement with Safe Passages and Advance Peace for technical assistance relating to the implementation of the California Violence Intervention and Prevention Grant (CalVIP); 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.
10. Adopt a Resolution to amend the FY 2022-23 Capital Improvement Program (CIP) Budget for Project no. 428-2590-XXXXX-81058
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE “PEDLEY SPREADING GROUNDS - POND ENHANCEMENTS,” PROJECT NO. 428-2590-XXXXX-81058 BY INCREASING REVENUE ESTIMATES IN THE AMOUNT OF $ 1,330,180 FROM
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ’S SAFE CLEAN WATER - REGIONAL PROGRAM AND APPROPRIATING $ 1,330,180 OF SAFE CLEAN
WATER PROGRAM (MEASURE W) FUNDS TO THE PROJECT
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
12. Introduction of Ordinance Adding Standard Bylaws for All Boards, Commissions and Committees to the Pomona City Code
It is recommended that the City Council introduce, waive further, and give reading to the following ordinance:
ORDINANCE NO. 4328 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING SECTION 2-526 (STANDARD BYLAWS FOR
ALL BOARDS, COMMISSIONS AND COMMITTEES) OF DIVISION I (GENERALLY) OF ARTICLE V (BOARDS AND COMMISSIONS) OF CHAPTER 2
(ADMINISTRATION) OF THE POMONA CITY CODE RELATING TO THE
ADMINISTRATION OF ALL CITY BOARDS, COMMISSIONS AND COMMITTEES
13. Fiscal Year 2023-2024 Budget Kickoff
It is recommended that the City Council take the following actions:
1) Approve the attached Fiscal Year (FY) 2023-24 Budget Guiding Principles; and 2) Review the FY 2023-24 Budget Preparation Calendar and Budget Process.
PUBLIC HEARINGS
14. Public Hearing Amending the Consolidated Plan, the Fiscal 2022-23 Annual Action Plan and the FY 22-23 City Operating Budget By Increasing /Decreasing Revenue Estimates and Appropriations for Various Federal- and State -Funded Housing Grant Programs
It is recommended that the City Council adopt the following resolution:
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
RESOLUTION NO. 2023-01 - 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 THE FY 2022-23 CITY
OPERATING BUDGET BY INCREASING /DECREASING REVENUE ESTIMATES
AND APPROPRIATIONS FOR THE HOME INVESTMENT PARTNERSHIPS (HOME)
PROGRAM, LEAD HAZARD REDUCATION AND HEALTHY HOMES
SUPPLEMENT (LHRHH), HEALTHY HOMES PRODUCTION GRANT (HHPG),
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY SHELTER
GRANT (ESG), ESG -CORONA VIRUS, PERMANENT LOCAL HOUSING
ALLOCATION (PLHA), CALHOME PROGRAM AND CALHOME RE -USE
PROGRAM FUNDS
15. Public Hearing and Adoption of a Resolution to Establish a Preferential Parking District on American Avenue
It is recommended that the City Council adopt the following resolution:
1) Open the public hearing regarding the establishment of a preferential parking district on American Avenue, after receiving comments and testimony, close the public hearing; and
2) Adopt the following resolution:
RESOLUTION NO. 2023-04 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, ESTABLISHING A PREFERENTIAL
PARKING DISTRICT ON AMERICAN AVENUE BETWEEN MILLS AVENUE AND
COLLEGE AVENUE, AND FINDING OF EXTREME HARDSHIP AND WAIVER
OF PERMIT FEE
16. Appeal of Historic Preservation Commission Decision to Deny the Request for a Major Certificate of Appropriateness (MAJCOA-018024-2022) to Demolish a Six -Unit Multi-Family Development and One Single -Family Dwelling Constructed Prior to 1945 (Continued from November 21, 2022 and December 5, 2022 Council Meetings) It is recommended that the City Council adopt ONE of the following resolutions:
RESOLUTION NO. 2023-13 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA-018024-2022) 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. 2023-214 - A RESOLUTION OF THE CITY COUNCIL OF THE
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJ.COA-018024-2022) TO ALLOW for THE DEMOLITION OF PRe -1945 STRUCTUREs LOCATED At 548 and 554 W. Center STREET (APN:
8340-030-006 & 8340-030-012)
17. Introduction and Adoption of an Urgency Ordinance adding Division 4 to Chapter 30, Article VIII (Rental Units ), of the City of Pomona Zoning Ordinance pertaining to Short-Term Rental Regulations
It is recommended that the City Council introduce, waive further, give reading and adopt the following urgency ordinance:
ORDINANCE NO. 4327 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA CALIFORNIA, ADDING DIVISION 4 TO CHAPTER 30,
ARTICLE VIII (RENTAL UNITS) OF THE CITY OF POMONA MUNICIPAL CODE PERTAINING TO REGULATING SHORT -TERM RENTALS; AND FINDING THE
ACTION TO BE EXEMPT FROM CEQA
18. Public Hearing Amending the Consolidated Plan, the Fiscal Year (FY) 2022-23 Annual Action Plan, the FY 2022-23 City Operating Budget to Reallocate $ 200,000 in Community Development Block Grant Corona Virus (CDBG-CV) Funds for Broadband Access at Parks
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2022-23 CITY OPERATING BUDGET TO REALLOCATE $ 200,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT CORONA VIRUS (CDBG-CV) FUNDS FOR
BROADBAND ACCESS AT PARKS
ADJOURNMENT
The next Regular Meeting will be held on February 6, 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 January 23, 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 January 17, 2023.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk
January 23, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda