Monday, April 3, 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 John Nolte
Councilmember Victor Preciado
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.
Regular Meeting Agenda
Closed Session begins at 5:30 p.m.
April 3, 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
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
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) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (a) and (d)(1)) City of Pomona v. SQM North America Corporation
U.S.D.C. No. 2:11-cv-00167-RGK-JEM
Citizens for Amending Prop L, et al. v. City of Pomona, et al.
Los Angeles County Superior Court
Case No. 19STCP00482
James Suess v. City of Pomona
Los Angeles County Superior Court
Case No. 19PSCV00095
Edil Vazquez v. City of Pomona
Los Angeles County Superior Court
Case No. 20STCV15371
Chad Jensen v. City of Pomona
Workers’ Compensation Appeals Board
Case Nos. ADJ13362926 and ADJ13362927
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
PRESENTATIONS
Proclamation Recognizing April 2023 as Donate Life Month in the City of Pomona
4.3 DMV Donate Life April 2023Attachments:
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.
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
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
March 20, 2023 Meeting Minutes
FINAL MINUTES 3-20-2023.pdfAttachments:
2. Approving an Agreement with the Los Angeles County Fair Association for Law Enforcement Services for the 2023 Los Angeles County Fair It is recommended that the City Council authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval by the City Attorney.
Staff Report-2023 LA Co. Fair Association
Attachment No. 1 - Services Agreement FY 2023
Attachments:
3. Approve a Memorandum of Understanding and License Agreement between the City of Pomona and Just Us 4 Youth
It is recommended that the City Council take the following actions:
1) Approve the Memorandum of Understanding and License Agreement between the City and Just Us 4 Youth, and;
2) Authorize the City Manager, or his designee, to execute the agreement on behalf of the City.
Staff Report - Approve MOU with JU4Y for Renacimiento Community Center License Agreement- Renacimiento Community Center - Just Us 4 Youth 2 21 23 draft-c1.docx Attachments:
4. Adopt a Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) Budget By Releasing and Unappropriating $ 22,617 of Series “BE/BF” Water Bond Proceeds Funds From CIP “Street Preservation - Local Citywide (FY 19-20),” Project No. 428-2590-XXXXX-68561
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND
UNAPPROPRIATING $ 22,617 OF SERIES “BE/BF” WATER BOND PROCEEDS FUNDS FROM CIP “STREET PRESERVATION - LOCAL CITYWIDE (FY 19-20),” PROJECT NO. 428-2590-XXXXX-68561
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Staff Report
Attachment 1 - Resolution 2023-47
Attachments:
5. Authorize the Acceptance of Fiscal Year (FY) 2022 Officer Wellness and Mental Health Grant from the Board of State and Community Corrections (BSCC) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-51 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ACCEPTING FISCAL YEAR (FY) 2022 OFFICER WELLNESS AND MENTAL HEALTH GRANT FROM THE
BOARD OF STATE AND COMMUNITY CORRECTIONS (BSCC) IN THE
AMOUNT OF $ 105,313 AND AMENDING THE FY 2022-23 OPERATING
BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS BY $105,313
2) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
Staff Report- BSSC Wellness Grant (002)
Attachment No. 1 - Reso. 2023-51
Attachments:
6. Award a Contract to ELE Corp to Design, Implement, and Operate a Pomona -Based Community Learning Center, for an amount not to exceed $ 200,000 in American Rescue Plan Funds
It is recommended that the City Council take the following actions:
1) Award a Contract to Education, Leadership, Enterprise (ELE) Corp to design, implement, and operate a Pomona -based Community Learning Center, for an amount not to exceed $200,000 in American Rescue Plan funds; 2) Authorize the City Manager to execute the contract and all necessary documents, amendments, and extensions, subject to approval by the City Attorney.
Staff Report - Award of Contract to ELE Corp for Learning Center ServicesAttachments:
7. Amendment of the FY 2022-23 Capital Improvement Program (CIP) Budget by Closing Completed Projects and Re -Appropriating Unexpended Funds, and Creating a New CIP Project
It is recommended that the City Council adopt the following Resolution:
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
RESOLUTION NO. 2023-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL
IMPROVEMENT PROGRAM (CIP) BUDGET BY CLOSING COMPLETED
P R O J E C T S , R E L E A S I N G $ 6 0 2 , 4 3 3 O F U N E X P E N D E D F U N D S , RE-APPROPRIATING $ 504,375 OF UNEXPENDED FUNDS, AND CREATING A NEW PROJECT “TRAFFIC OPERATIONS - COMMUNICATION UPGRADE II, ” PROJECT NO. 428-2590-XXXXX-68581
Staff Report
Attachment 1 - Resolution
Exhibit A to Resolution
Attachment 2 - CIP Details Sheet
Attachments:
8. Adopt a Resolution to Amend the FY 2022-23 Operating Budget by Reducing the San Gabriel Valley Council of Governments Homeless Grant Award and Correct Fund and Project Account Code
It is recommend that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-48 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FY 2022-23 OPERATING BUDGET BY REDUCING THE TOTAL OF
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
HOMELESS GRANT AWARD AND CORRECT FUND AND PROJECT CODE
2) Authorize the City Manager to execute the memorandum of understanding, contracts, and other documentation requested for acceptance and implementation of grant awards, subject to approval as to form by the City Attorney.
Staff Report - SGVCOG Homeless Grant Award.docx
Attachment No. 1_Resolution 2023-48.docx
Attachments:
9. Approve an Agreement with Southern California Edison and Los Angeles County for the Construction and Acquisition of Electric Vehicle Charging Stations at Palomares Park It is recommended that the City Council take the following actions:
1) Approve an agreement with Southern California Edison to participate in the “Charge Ready Charging Infrastructure and Rebate” program which includes the construction of necessary electrical infrastructure and equipment necessary for electric vehicle charging stations at Palomares Park;
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Approve participation in the Los Angeles County “Public Power -Up” program for the acquisition of electric vehicle charging stations at Palomares Park; and 3) Authorize the City Manager, or designee, to approve the agreement and any amendments, subject to approval to form by the City Attorney.
SR - SCE Charge Ready_Palomares Park.docx
Attach 1 SCE Draft Agrmt.pdf
Attachments:
10. Approval of a Real Property Purchase and Sale Agreement and Joint Escrow Instructions for Sale of a City Owned Parking Lot (Vehicle Parking District Lot 2), Assessor’s Parcel Number 8336-021-901, as “Surplus Land” Pursuant To Government Code Section 54220 et. seq. (“SLA”)
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-55 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE EXECUTION OF A
PURCHASE AND SALE AGREEMENT WITH PATTI MAHAFFEY TRUST FOR THE
SALE OF CERTAIN REAL PROPERTY CONSISTING OF A CITY OWNED PUBLIC PARKING LOT KNOWN AS VEHICLE PARKING DISTRICT LOT 2 (ASSESSOR’S PARCEL NUMBER 8336-021-901) AND FINDING SAID ACTION CATEGORICALLY
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW 040323CC rpt sale of Lot 2 SLA.docx
attch 1.pdf
Attch 2-4.pdf
Attachments:
11. 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 and $23,000 of ARP Funds for the Heart of the Foothills Event It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-56 - 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 APPROPRIATIONS IN THE GENERAL FUND ($7,000) AND TRAFFIC OFFENDER FUND ($13,000) FOR RECEIPT OF $ 20,000 IN PROP C GRANT FUNDS
2) Authorize the use of an additional $23,000 of ARP funds (Health and Wellness) for the Heart of the Foothills event.
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Staff Report
Attachment No. 1
Attachments:
DISCUSSION CALENDAR
12. Introduction of an Ordinance adding an Electric Vehicle Charging Stations Permitting Process to the Pomona City Code
It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING CHAPTER 75 TO THE POMONA CITY CODE
RELATING TO AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS
Staff Report - AB 1236 Ordinance-c1.docx
Attachment 1 - Ordinance
Attachment 2 - EV Permit Checklists
Attachment 3 -Presentation
Attachments:
13. Approval of Salary Increase for the City Clerk
It is recommended that the City Council approve a six (6%) pay increase effective December 4, 2022 for City Clerk Rosalia Butler within the existing salary range for the position of City Clerk.
Staff Report - City Clerk Salary Increase.docxAttachments:
14. 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.
FOPB Staff Report
Attachments
Attachments:
15. Introduction and Adoption of Urgency Ordinance Amending Urgency Ordinance No. 4320 Related to Relocation Assistance and Finding the Ordinance is Exempt from the California Environmental Quality Act
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council introduce and adopt the following urgency ordinance:
URGENCY ORDINANCE NO. 4329 - AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING URGENCY ORDINANCE NO. 4320 RELATED TO RELOCATION ASSISTANCE AND FINDING
THE ORDIANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Staff Report-c1.docx
Attachment No. 1 Proposed Urgency Ordinance-c1.docx
Attachment No. 2 Urgency Ord. No. 4320.pdf
Attachments:
PUBLIC HEARINGS
16. Public Hearing to Consider Adoption of a Resolution Confirming the Ballot Results to Determine Whether a Majority Protest Exists in the Proceedings to Form the Phillips Ranch Landscaping and Lighting Maintenance Assessment District; and Adoption of One of Two Resolutions Declaring the Ballot Results and Approving Certain Actions It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the levy of Fiscal Year 2023-24 assessments and receive final ballot submissions for the proposed Phillips Ranch Landscaping and Lighting Maintenance Assessment District;
2) After receiving public comments, testimony, and final ballots, close the Public Hearing and order the tabulation of ballots to be conducted in the Chuck Bader Conference Room; and
3) Confirm the ballot results to determine whether a majority protest exists in the proceedings to form the Phillips Ranch Landscaping and Lighting Maintenance Assessment District; and adopt one of two attached resolutions declaring the ballot results either in favor of the assessment or confirming the existence of a majority protest as follows:
RESOLUTION NO. 2023-49 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA DECLARING THE RESULT OF THE PHILLIPS
RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT BALLOT PROCEEDING AND APPROVING CERTAIN ACTIONS ; or
RESOLUTION NO. 2023-50 - A RESOLUTION OF THE CITY COUNCIL OF
April 3, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
THE CITYOF POMONA DECLARING THE RESULT OF THE PHILLIPS
RANCH LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT BALLOT PROCEEDINGS AND ABANDONING PROCEEDINGS
TO FORM THE DISTRICT
Staff Report
Attachment 1 - Resolution 2023-49
Attachment 2 - Resolution 2023-50
Attachment 3 - Pomona Phillips Ranch Engineers Report
Attachment 4 - Public Hearing Notice PR
Attachments:
ADJOURNMENT
The next Regular Meeting will be held on April 17, 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 April 3, 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 March 29, 2023.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk