Monday, February 5, 2024
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.
February 5, 2024City 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.
February 5, 2024City 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 LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9 (a) and (d)(1)) Chad Jensen and Michael Neaderbaomer vs. City of Pomona; Michael Olivieri; Dennis Cooper and Does 1 through 50
Los Angeles County Superior Court Case No. 20STCV17625
Edil Vazquez vs. City of Pomona
Los Angeles County Superior Court Case No. 20STCV15371
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
A Proclamation of the City Council of the City of Pomona, County of Los Angeles, State of California, Proclaiming February 2024 as “Black History Month” in the City of Pomona
Presentation Recognizing Pomona Student Christopher James Casanave Attaining the Rank of Eagle Scout in the Boy Scouts of America
Introduction of Office of Violence Prevention Staff and Presentation Regarding the Violence Prevention Initiative
MAYOR/COUNCILMEMBER COMMUNICATIONS
Reports on conferences, seminars, and regional meetings attended by Mayor and City Council and
February 5, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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
It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes:
January 8, 2024 Meeting Minutes
January 22, 2024 Meeting Minutes
2. Adoption of a Resolution Receiving a Grant Award of $ 300,000 from The California Natural Resources Agency and Amending the FY 2023-24 Operating Budget By Increasing Revenue Estimates and Appropriating $300,000 in Awarded Grant Funds
February 5, 2024City 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. 2024-01 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RECEIVING A GRANT AWARD OF $ 300,000
FROM CALIFORNIA NATURAL RESOURCES AGENCY AND AMENDING THE FY 2023-24 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING THE $300,000 IN AWARDED GRANT FUNDS
2) Authorize the City Manager, or designee, to execute an agreement and any subsequent amendments subject to review by the City Attorney.
3. Amend the Fiscal Year 2023-24 Operating Budget by Appropriating $ 42,532 from the General Fund Reserves and Approve an Amendment to the Agreement with Merchants Landscape Services, Inc. for Increased Cleaning Frequency at all Park Restrooms
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-13 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRIATING $ 42,532 FROM THE
GENERAL FUND RESERVES FOR INCREASED RESTROOM
MAINTENANCE AT CITY PARKS
2) Approve an amendment to the agreement with Merchants Landscape Services, Inc. to increase cleaning frequency at all park and occupied space restrooms in an annual amount of $127,596 effective February 29, 2024, and increase the total not -to-exceed compensation amount with a 2.8% Consumer Price Index adjustment to $1,798,314 for the first extension; and
3) Authorize the City Manager, or designee, to execute the amendment and any related documents and extensions, subject to approval by the City Attorney.
4. Approve Extension to Agreement with R 3 Consulting Group, Inc. to Finalize Tasks Related to the Transition to Exclusive Hauler and Implementation of SB 1383-Related Activities
It is recommended that the City Council take the following actions:
1) Approve extension to the agreement with R 3 Consulting Group, Inc. through June 30, 2024 to finalize tasks related to the transition of the City ’s municipal
February 5, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
residential collection operation and consolidation of its commercial operations to the exclusive hauler, Athens Services, and completion of activities related to the implementation of SB 1383; and
2) Authorize the City Manager, or designee, to execute the amendment subject to review by the City Attorney.
5. Approval of Naming The Palomares Park Community Center Main Room in Honor of Belinda Fierro
It is recommended that the City Council approve the naming of the Palomares Park Community Center Main Room to the Belinda Fierro Community Room.
6. Adopt a Resolution Authorizing the City of Pomona to Submit a Grant Application through the Skatepark Project for Martin Luther King, Jr Park - Skate Park It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-15 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING THE SUBMITAL OF
APPLICATION FOR GRANT FUNDS THROUGH THE SKATEPARK
PROJECT FOR CAPITAL IMPROVEMENT PROGRAM MARTIN LUTHER
KING, JR PARK - SKATE PARK EXPANSION/LIGHTS PROJECT
2) Authorize the City Manager, or designee, to execute all documents related with thisaction, with approval of the City Attorney as to form.
7. Approving a First Amendment to an Affordable Housing Disposition & Development Agreement Between the City of Pomona and National Community Renaissance of California
It is recommended that the City Council take the following actions:
1) Adopt the following resolutions:
RESOLUTION NO. 2024-16 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FIRST
AMENDMENT TO AN AFFORDABLE HOUSING DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF POMONA AND
NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA FOR THE
DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 501
EAST MISSION BOULEVARD (APN: 8335-014-907, 910, 915, 916, 919, 920 & 921) PURSUANT TO GOVERNMENT CODE SECTION 37364,
FINDING SUCH PROPERTY EXEMPT FROM THE SURPLUS LAND ACT
AND FINDING THE SAME CATEGORICALLY EXEMPT FROM CEQA
February 5, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
RESOLUTION NO. 2024-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROPRIATING $ 1,500,000
OF AVAILABLE SERIES AQ HOUSING BOND PROCEEDS TO
PROJECT NO. 247-6201-52966-72067, AN AFFORDABLE HOUISNG
PROJECT BY NATIONAL COMMUNITY RENAISANCE OF CALIFORNIA
2) Authorize the City Manager to execute the First Amendment to an Affordable Housing Disposition & Development Agreement (The “Amendment”) and all necessary associated documents, in substantially the form submitted herein.
8. Receive and file report required by City Ordinance No. 4244 related to the California Values Act (SB 54)
It is recommended that the City Council receive a status report of the City ’s compliance with City of Pomona Ordinance No. 4244 and the State of California Values Act (SB 54).
DISCUSSION CALENDAR
9. 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.
10. Consideration of a Project Labor Agreement by and Between the City of Pomona and the Los Angeles /Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions
It is recommended that the City Council consider directing Staff to meet and confer with the Los Angeles /Orange Counties Building and Construction Trades Council and bring a draft Project Labor Agreement template as well as an implementation strategy for the Council's consideration, within the next 90 days.
11. Introduction and first reading of an Ordinance amending Division 4 to Chapter 30, Article VIII (Rental Units ), of the City of Pomona Municipal Code pertaining to Short-Term Rental Regulations
It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance:
February 5, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
ORDINANCE NO. 4342 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING DIVISION 4 OF 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
12. Appointment and Approval of Employment Agreement for City Manager It is recommended that the City Council take the following actions:
1) Approve the employment agreement with Anita Gutierrez for the position of City Manager and authorize the Mayor to execute the employment agreement on behalf of the City, subject to any non -substantive changes made by the City Attorney; and
2) Adopt the following resolution:
RESOLUTION NO. 2024-18 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE SALARY
SCHEDULE FOR FISCAL YEAR 2023-24 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO
REFLECT THE SALARY OF THE CITY MANAGER AS A RESULT OF
APPOINTMENT
13. Verification of Sufficiency of Petition Signatures for Initiative Charter Amendment Requiring at Least Ten Percent of the City ’s Annual Unrestricted General Purpose Revenues to be Allocated to Children and Youth Programs and Services It is recommended that the City Council take the following actions:
1) Receive, file, and accept the Certificate of Sufficiency of Initiative Petition; and 2) Based upon the sufficiency of the petition, take one of the actions identified below:
a. Submit the initiative measure to the voters at the “next regular municipal election” occurring at least 88 days later; or
b. Direct Staff to prepare an impartial and informational report analyzing the impact of the initiative measure on the City ’s finances, ability to provide public services, land use and development regulations, and the like.
ADJOURNMENT
The next Regular Meeting will be held on February 26, 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.
February 5, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
CERTIFICATION OF POSTING AGENDA
I, Rosalia A. Butler, MMC, City Clerk for the City of Pomona, hereby certify that the agenda for the February 5, 2024 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 30, 2024.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk