Monday, May 1, 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.
May 1, 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. 7:00 P.M.
Council Chambers
CALL TO ORDER
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
A Proclamation Declaring May 2023 as “National Historic Preservation Month” in the City of Pomona & Presentation of Historic Preservation Awards A Proclamation Recognizing the Week of April 30 - May 6, 2023 as “Professional Municipal Clerks Week” in the City of Pomona
A Proclamation Recognizing the Week of May 7-13, 2023 as “Public Service Recognition Week” in the City of Pomona
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.
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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:
April 17, 2023 Regular Meeting Minutes
2. Amend the Ratification of Expenses for the Emergency Repair of the Pomona Police Building Heating, Ventilation and Air Conditioning (HVAC) System to Siemens Industry, Inc.
It is recommended that the City Council amend the ratification of expenses for an authorized emergency repair of the Pomona Police Building heating, ventilation and air conditioning (HVAC) system to Siemens Industry, Inc. per Pomona City Code section §2-998.
3. Adoption of a Resolution Accepting the 2022 State Homeland Security Grant Program (SHSGP) Sub-Recipient Award
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE 2022 STATE HOMELAND SECURITY GRANT IN THE AMOUNT OF $ 45,577 AND AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND
APPROPRIATIONS
4. California Department of Housing and Community Development (HCD) Annual Progress Report (APR) for the 2021 and 2022 Reporting Periods
It is recommended that the City Council review and accept the 2022 APR and receive and file the 2021 APR and direct staff to submit the report to HCD and the Governor ’s Office of Planning and Research (OPR).
5. Adoption of A Resolution Receiving a Grant Award of $ 94,790 from San Gabriel/Pomona Regional Center for Social Recreation and Amending the FY 2022-23 Operating Budget by Increasing Revenue Estimates and Appropriating the $ 94,790 in
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Awarded Grant Funds and Approve Kids Included Together As a Sole Source Provider for Services As Per the Agreement
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-52 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, RECEIVING A GRANT AWARD OF $94,790 FROM SAN GABRIEL /POMONA REGIONAL CENTER FOR SOCIAL RECREATION AND AMENDING THE FY 2022-23 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING THE $ 94,790
IN AWARDED GRANT FUNDS
2) Approve to award a Sole Source Contract to Kids Included Together; and, 3) Authorize the City Manager to execute all documents related with this action, with approval of the City Attorney as to form.
6. Approval of Summary Vacation VU 1-2023 of the City ’s Unused Public Utility Easement Located within the Property Associated with Assessor Parcel Number 8323-023-029 and Related to the Proposed Mixed -Use Development at 1321 E. Holt Avenue, Pomona, CA, and Approval of Quitclaim Deed for the Vacated Easement (Council District 4) It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-64 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY
VACATION VU 1-2023 OF THE CITY’S UNUSED PUBLIC UTILITY
EASEMENT LOCATED WITHIN THE PROPERTY ASSOCIATED WITH
ASSESSOR PARCEL NUMBER 8323-023-029 AND RELATED TO THE
PROPOSED MIXED -USE DEVELOPMENT AT 1321 E. HOLT AVENUE,
POMONA, CA AND APPROVAL OF QUITCLAIM DEED FOR THE VACATED
EASEMENT
2) Authorize the City Manager to execute the quitclaim deed on behalf of the City.
7. Approval of Summary Vacation VU 1-2021 of the City ’s Unused Sewer Easement Located within the Property Associated with Assessor Parcel Number 8311-021-003 and Related to the Residential Development at 900 E. Harrison Avenue, Pomona, CA, and Approval of Quitclaim Deed for the Vacated Easement (Council District 6)
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-65 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATION VU 1-2021 OF THE CITY ’S UNUSED SEWER EASEMENT
LOCATED WITHIN THE PROPERTY ASSOCIATED WITH ASSESSOR
PARCEL NUMBER 8311-021-003 AND RELATED TO THE
RESIDENTIAL DEVELOPMENT AT 900 E. HARRISON AVENUE,
POMONA, CA AND APPROVAL OF QUITCLAIM DEED FOR THE
VACATED EASEMENT
2) Authorize the City Manager to execute the quitclaim deed on behalf of the City.
8. Resolution to Amend the FY 2022-23 CIP Budget and Award Construction Contract to Roadway Engineering and Construction Corporation in the Amount of $ 1,424,612 for the “Emergency Shelter Annex/Water Utility Access,” Project No. 428-2590-XXXXX-71053 It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-67 - 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 $ 499,208 OF SERIES “BI (AD LOW MOD )” BOND PROCEEDS AND $ 39,407 OF LOW -MODERATE INCOME HOUSING
FUNDS FROM “YEAR-ROUND EMERGENCY SHELTER,” PROJECT NO . 428-2590-XXXXX-71044 AND APPROPRIATING THESE FUNDS TO
“EMERGENCY SHELTER ANNEX /WATER UTILITY ACCESS,” PROJECT NO. 428-2590-XXXXX-71053
2) Award a construction contract to Roadway Engineering and Construction Corporation for construction of a parking area as part of “Emergency Shelter Annex / Water Utility Access,” Project No. 428-2590-XXXXX-71053, in the amount of $1,424,612; and
3) Find the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311(c), in that the project consists of the creation of a small parking lot and accessory structures .
This project is also excluded Subject to 58.5 Pursuant to 24 CFR 58.335(a); and
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
4) Authorize the City Manager, or his designee, to execute the contract, and related documents, subject to approval as to form by the City Attorney.
9. Resolution to Amend the FY 2022-23 Capital Improvement Program (CIP) Budget by Creating a New Project, “Phillips Ranch Greenbelt Fence Replacement” and Appropriating $35,687 of District 5 CIP Carryover Discretionary Funds to the Project It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2023-68 - 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, “PHILLIPS RANCH GREENBELT FENCE REPLACEMENT,” PROJECT NO . 428-2590-XXXXX-71086 AND APPROPRIATING $35,687 OF DISTRICT 5 CIP
CARRYOVER DISCRETIONARY FUNDS TO THE PROJECT
DISCUSSION CALENDAR
10. 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.
11. Report on Activate Pomona Pilot Program
It is recommended that the City Council receive and file this report and that the City Manager promulgate a procedure to phase out existing active Activate Pomona permits by December 31, 2023.
PUBLIC HEARINGS
12. Approving the Draft 2023-2028 Consolidated Plan and FY 2023-2024 Annual Action Plan with Proposed Funding Recommendations for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and the Emergency Solutions Grant (ESG) Funds
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
RESOLUTION NO. 2023-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE DRAFT 2023-2028 CONSOLIDATED PLAN AND FY 2023-2024 ANNUAL ACTION PLAN WITH
PROPOSED FUNDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIP ACT (HOME) AND THE
EMERGENCY SOLUTIONS GRANT (ESG) FEDERAL ENTITLEMENT
PROGRAMS
2) Approve funding awards for the Fiscal Year (FY) 2023-2024 Community Development Block Grant and Emergency Solutions Grant Programs; 3) Approve funding awards for FY 2023-2024 Home Investment Partnership Act (HOME) Program; and
4) Include the funding awards in the FY 2023-2024 Annual Action Plan.
13. Public Hearing Amending the Fiscal year (FY) 2022-23 Annual Action Plan, the HOME Investment Partnerships American Rescue Plan (HOME-ARP) and the FY 2022-23 City Operating Budget to Appropriate Community Development Block Grant Corona Virus (CDBG-CV) and HOME-ARP Funds
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2022-23 ANNUAL ACTION PLAN, THE HOME INVESTMENT
PARTNERSHIPS AMERICAN RESCUE PLAN (HOME-ARP) AND THE FY 2022-23 CITY OPERATING BUDGET TO APPROPRIATE COMMUNITY
DEVELOPMENT BLOCK GRANT CORONA VIRUS (CDBG-CV) AND
HOME-ARP FUNDS
2) Approve award of $274,839 in CDBG -CV funds to Volunteers of America Los Angeles, under the current site operator agreement of the Hope for Home Service Center.
ADJOURNMENT
The next Regular Meeting will be held on May 15, 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
May 1, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
I, Rosalia A. Butler, MMC, City Clerk for the City of Pomona, hereby certify that the agenda for the May 1, 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 April 25, 2023.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk