Monday, December 18, 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 Victor Preciado
Councilmember John Nolte
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.
December 18, 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
December 18, 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)) Citizens for Amending Prop L, et al. v. City of Pomona, et al.
Los Angeles County Superior Court
Case No. 19STCP00482
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION-EXPOSURE TO LITIGATION
(Pursuant to Government Code Section 54956.9(d)(2))
One (1) case related to contract negotiations.
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
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
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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
It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
November 20, 2023 Special Meeting Minutes
2. Approval of the Police Department ’s Expenditure Plan for the FY 2023-24 Supplemental Law Enforcement Services Account, and Amend the FY 2023-24 Operating Budgets by Increasing Revenue Estimates and Appropriations By $400,000 It is recommended that the City Council adopt the following actions:
1) Approve the following resolution:
RESOLUTION NO. 2023-191 - A RESOLUTION OF THE CITY COUNCIL OF
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
THE CITY OF POMONA, CALIFORNIA, APPROVING THE POLICE
DEPARTMENT’S EXPENDITURE PLAN FOR THE FY 2023-24
SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA),
AND AMENDING THE FY 2023-24 OPERATING BUDGETS BY
INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY
$400,000
2) Approve the purchase of Police Department vehicles from National Auto Fleet Group in the estimated total amount of $240,000 utilizing Sourcewell Contract No. 091521-NAF.
3. Receive and File the City of Pomona Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2023
It is recommended that the City Council receive and file the City of Pomona Annual Report on Development Impact Fees (DIF) as of June 30, 2023.
4. A Resolution Approving the Recognized Obligation Payment Schedule (ROPS 24-25) for the Period of July 1, 2024 through June 30, 2025, Approving the Administrative Budget for the Same Period, and Authorizing the Transmittal of the ROPS and Administrative Budget to the Oversight Board for Approval
It is recommended that the Successor Agency to the Former Redevelopment Agency adopt the following resolution:
SA RESOLUTION NO. 2023-02 - A RESOLUTION OF THE CITY COUNCIL,
SITTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 24-25) FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025, APPROVING THE ADMINISTRATIVE BUDGET
FOR THE SAME PERIOD, AND AUTHORIZING THE TRANSMITTAL OF THE
ROPS AND ADMINISTRATIVE BUDGET TO THE OVERSIGHT BOARD FOR
APPROVAL
5. 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) Adopt the following resolution:
RESOLUTION NO. 2023-236 - 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
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
$3,131,970;
2) Award Professional Services Agreement to Volunteers of America, Los Angeles (VOALA) in the amount of $1,018,603; and
3) Authorize the City Manager, or designee, to execute all contracts, amendments and any other documentation requested for acceptance of the award and operation of the above listed Continuum of Care Programs for submission to funders, subject to approval as to form by the City Attorney.
6. Adopt a Resolution Authorizing the Amendment of the FY 2023-24 Operating Budget to Carryover the Los Angeles County Chief Executive Office Homeless Initiative (CEO-HI) Interim Housing Services Grant Award
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-238 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE AMENDMENT OF THE FY 2023-24 OPERATING BUDGET TO CARRYOVER LOS
ANGELES COUNTY CHIEF EXECUTIVE OFFICE HOMELESS INITIATIVE (CEO-HI) INTERIM HOUSING SERVICES GRANT AWARD INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $164,138
2) Authorize the City Manager, or designee, to execute all agreements, amendments and any other documentation requested for acceptance of the award, subject to approval as to form by the City Attorney.
7. Authorize the Acceptance of $ 860,000 dollars from the Board of State and Community Corrections (BSCC) for the Pomona Police Department to Lease Flock Cameras and Services Related to the Cameras
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-239 - A RESOLUTION OF THE CITY OF
POMONA, CALIFORNIA, ACCEPTING $ 860,000 FROM THE BOARD
OF STATE AND COMMUNITY CORRECTIONS (BSCC) FOR THE
POMONA POLICE DEPARTMENT AND AMENDING THE FY 2023-24
OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND
APPROPRIATIONS BY $860,000
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Authorize sole -source lease of Flock cameras, and services related to the cameras, from Flock Safety in the amount not to exceed $860,000; and 3) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, subject to review and approval as to form by the City Attorney.
8. Approval of Parcel Map PM 83730 for the Property Located at 2061 S. Garey Avenue, Pomona, CA, Assessor Parcel Number 8344-023-049, Related to the Subdivision of an Existing Commercial Development (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-247 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING PARCEL MAP PM 83730 FOR THE PROPERTY LOCATED AT 2061 S. GAREY AVENUE, ASSESSOR PARCEL NUMBER 8344-023-049
2) Authorize the City Engineer to sign the Parcel Map PM 83730 on behalf of the City of Pomona.
9. Approval of Lot Merger LM 7-2023 for the Property Located at 160-164 E. Second Street, Pomona, CA, Assessor Parcel Number 8335-010-016, Related to the Repurposing of an Existing Commercial Property as a Mixed -Use Facility (Council District 2)
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2023-248 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM7-2023 FOR THE PROPERTY LOCATED AT 160-164 E. SECOND
STREET, ASSESSOR PARCEL NUMBER 8335-010-016
2) Authorize the City Engineer to sign the Lot Merger LM 7-2023 on behalf of the City of Pomona.
10. Approval of Tract Map TM No. 83362 for the Property Located at 650 W. Grand Avenue, Pomona, CA, Assessor Parcel Number 8343-005-019, Related to the “Grand Garden ” 9-Unit Residential Condominium Development (Council District 2) It is recommended that the City Council take the following actions:
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
1) Adopt the following resolution:
RESOLUTION NO. 2023-249 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM NO . 83362 FOR THE PROPERTY LOCATED AT 650 W. GRAND AVENUE,
ASSESSOR PARCEL NUMBER 8343-005-019
2) Authorize the City Engineer to sign the Tract Map TM No. 83362 on behalf of the City.
11. Second Amendment to the Contract with R Dependable Construction Inc. for Tenant Improvements at 2040 N. Garey Avenue, Pomona CA
It is recommended that the City Council take the following actions:
1) Amend the contract with R Dependable Construction Inc. for tenant improvements at 2040 N. Garey Avenue by increasing the contract amount by $40,421, bringing the total contract price to $331,390; and
2) Authorize the City Manager, or designee, to execute the contract on behalf of the City, subject to review by the City Attorney.
12. Approve entering into an Agreement with SL Environmental Law Group, P.C.
It is recommended that the City Council take the following actions:
1) Approve entering into an Agreement with SL Environmental Law Group, P .C. to represent the City in the Aqueous Film Forming Foams Products Liability case; and
2) Authorize the City Manager, or designee, to execute the Agreement on behalf of the City and any subsequent documents or amendments, subject to approval as to form by the City Attorney.
DISCUSSION CALENDAR
13. 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
December 18, 2023City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Receive and file the recap of final amounts.
14. Introduction and First Reading of Ordinance No. 4334 Adopting by Reference Title 32, Fire Code, of the Los Angeles County Code, Incorporating the California Fire Code, 2022 Edition by Amending Sections 22-1 and 74-31 of the Pomona City Code and Finding the Action Exempt from the California Environmental Quality Act It is recommended that the City Council introduce, waive further and give first reading to the following ordinance:
ORDINANCE NO. 4334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING BY REFERENCE TITLE 32, FIRE CODE,
OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION BY AMENDING SECTIONS 22-1 AND 74-31 OF THE
POMONA CITY CODE AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
ADJOURNMENT
The next Regular Meeting will be held on January 8, 2024 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 December 18, 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 December 12, 2023.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk