Monday, September 16, 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 Nora Garcia
Councilmember John Nolte
Councilmember Victor Preciado
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.
September 16, 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
September 16, 2024City 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 and 54956.9(a)) AQUEOUS Film - Forming Products Liability Litigation
Case No. MDL No. 2:18-mn-2873
Nicole Martin v. Pomona
Los Angeles Superior Court
Case No. 23PSCV03709
B) CONFERENCE WITH LABOR NEGOTIATIORS
(Pursuant to Government Code Section 54957.6)
Pomona Police Manager’s Association (PPMA)
Pomona Police Officer’s Association (PPOA)
Pomona City Employees Chapter of the Teamsters Local 1932 (PCEA) Pomona Mid-Management/Confidential Employees Association (PMMCEA) Labor Negotiators: Anita Gutierrez and René Anderson
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
* A Proclamation of the City Council of the City of Pomona Recognizing the Month of September 2024 as Chiari Malformation Month
* Presentation on 2024 Community Services’ Summer Recap of Programs, Activities, and Events
* A Proclamation of the City Council of the City of Pomona Recognizing the Month of September 2024 as National Service Dog Month 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.
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.
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
1. Second Reading and Adoption of Ordinance Amending the Pomona City Code to Add Section 58-296 “Commercial Vehicle Enforcement - Administrative Fines” Relating to Truck Route Violations
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 4346 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58 (“TRAFFIC AND VEHICLES”), ARTICLE V (“VEHICLE SIZE, WEIGHT AND LOAD ”), DIVISION 2 (“TRUCK ROUTES ”) OF THE POMONA CITY CODE TO ADD SECTION 58-296 (“COMMERCIAL VEHICLE ENFORCEMENT - ADMINISTRATIVE FINES”)
2. Conflict of Interest Code Biennial Notice Required by the Political Reform Act It is recommended that the City Council approve and file the 2024 Local Agency Biennial Notice.
3. Resolution to Amend the FY 2024-25 Capital Improvement Program (CIP) Budget By Appropriating $ 486,775 of Available American Rescue Plan (ARP) Funds Allocated for Library Youth Commitment, and Award of Construction Contract for “Pomona Library Facility Improvements,” Project No. 428-2590-XXXXX-74120 It is recommended that the City Council approve the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2024-25
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $486,775 OF AVAILABLE AMERICAN RESCUE PLAN (ARP) FUNDS
ALLOCATED FOR LIBRARY YOUTH COMMITMENT TO “POMONA
L I B R A R Y F A C I L I T Y I M P R O V E M E N T S . ” P R O J E C T N O . 428-2590-XXXXX-74120
2) Award a construction contract to Dewberry Design -Builders, Inc. for “Pomona Library Facility Improvements,” Project No. 428-2590-XXXXX-74120, to include all Base Bid items, plus Additive Alternate Item Nos. 1 - 5 in the amount of $5,560,031; 3) Find that the project referenced above is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; 4) Approve working days and hours to include nights and weekend; and 5) Authorize City Manager, or her designee, to execute the construction
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
contract/agreement and related documents (permits, change orders, etc.).
4. Resolution to Amend the Fiscal Year 2024-25 Capital Improvement Program (CIP) Budget by Appropriating $ 100,000 of Available Capital Improvement Project Fund Reserves to “Renovation of La Casita Teen Center at Palomares Park,” Project No . 428-2590-XXXXX-71110
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-141 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25
CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $100,000 OF AVAILABLE CAPITAL IMPROVEMENT PROJECT FUND RESERVES TO “RENOVATION OF LA CASITA TEEN CENTER AT PALOMARES PARK, ” PROJECT NO. 428-2590-XXXXX-71110
5. Approve a Sole -Source Purchase of Flock Cameras from Flock Safety, Inc. in the Amount Not to Exceed $500,000
It is recommended that the City Council take the following actions:
1) Authorize sole -source purchases of Flock cameras from Flock Safety, Inc. in the amount not to exceed $500,000;
2) 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.
6. Approve a Resolution to Amend Fiscal Year 2024-25 Operating Budget and Sole - Source Purchase of Ten (10) 2025 Dodge Durango Police Interceptor Utility Vehicles and Vehicle Builds
It is recommended that the City Council take the following actions:
1) Adopt the following resolutions:
RESOLUTION NO. 2024-145 - A RESOLUTION OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2024-25 BUILDING AND EQUIPMENT REPLACEMENT FUND TO INCREASE APPROPRIATIONS BY $ 788,248
FROM BUILDING AND EQUIPMENT REPLACEMENT FUND RESERVE
2) Approve a sole -source purchase of ten (10) replacement Police interceptor utility vehicles from Carville Chrysler Dodge Jeep Ram Dealership in the amount of $483,998; and
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
3) Approve a sole -source to 10-8 retrofit, Inc. for vehicle builds in the amount of $304,250.
7. Approve Purchase of a Skid Steer Loader Tractor from John Deere Shared Services LLC
It is recommended that the City Council take the following actions:
1) Approve the purchase of a Skid Steer Loader Tractor from John Deere Shared Services LLC in the amount of $106,673 utilizing Sourcewell contract number 011723-JDC; and,
2) Authorize the City Manager, or designee, to execute subsequent changes or amendments thereto, on behalf of the City.
8. Approval of Grant of Easement to Southern California Edison for Electric Vehicle Infrastructure at Palomares Park
It is recommended that the City Council take the following action:
1) Adopt the following resolution:
RESOLUTION NO. 2024-143 - A RESOULTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING GRANT OF
EASEMENT ECR -2023 TO SOUTHERN CALIFORNIA EDISON FOR
ELECTRICAL INFRASTRUCTURE INSTALLATION ON A PORTIO OF CITY PROPERTY LOCATED AT 499 E ARROW HIGHWAY (PALOMARES PARK ), POMONA, ASSESSOR PARCEL NUMBER 8366-017-900
2) Authorize the City Manager, or designee, to sign the Grant of Easement to SCE on behalf of the City.
9. Resolution to Amend the Fiscal Year 2024-25 Operating Budget by Appropriating $30,000 from the Refuse Administration Fund Balance to Allow for a Solid Waste Host Fee Study
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2024-146 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-25 OPERATING BUDGET BY APPROPRIATING $ 30,000 FROM THE
REFUSE ADMINISTRATION FUND BALANCE TO ALLOW FOR A SOLID WASTE HOST FEE STUDY;
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Approve a sole source agreement with R 3 Consulting Group, Inc. in the amount of $30,000 through April 30, 2025, to complete a solid waste host fee study; and 3) Authorize the City Manager, or designee, to execute any amendments subject to review by the City Attorney.
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. Introduction and Adoption of Urgency Ordinance Amending the Pomona City Code to Add a New Section Concerning Measures to Protect Tenants from Harassment It is recommended that the City Council introduce, waive further reading, and adopt the following urgency ordinance:
URGENCY ORDINANCE NO. 4347 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 34 (“OFFENSES AND MISCELLANEOUS PROVISIONS ”), ARTICLE IV (“ OFFENSES INVOLVING PUBLIC PEACE AND ORDER ”), ADDING DIVISION 5 (“TENANT ANTI-HARASSMENT”), SECTION 34-200 (“TENANT HARASSMENT ”) & SECTION 34-201 (“PENALTIES AND REMEDIES”) OF THE POMONA CITY CODE
12. Adoption of a Resolution Amending the Citywide Salary Schedule to Reflect a Four Percent (4%) Salary Increase for Full and Part-Time Classifications It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2024-148 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, AMENDING THE CITYWIDE SALARY SCHEDULE FOR FISCAL YEAR 2024-25 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO IMPLEMENT A FOUR PERCENT (4%) SALARY INCREASE TO FULL AND PART-TIME
CLASSIFICATIONS
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
13. Consideration of Installation of “See Something, Say Something” Signs Along Holt Avenue and Indian Hill Boulevard Corridors
It is recommended that the City Council consider the installation of “See Something, Say Something” signs at identified locations along Holt Avenue from Weber Street to the East City Limits, and on Indiana Hill Boulevard from Holt Avenue to American Avenue, and provide direction on whether Staff should move forward with the sign installation or not.
14. Consideration of Suspending the Establishment of Preferential Parking Districts It is recommended that the City Council take the following actions:
1) Approve Staff ’s recommendation to suspend the establishment of preferential parking districts while staff evaluates an update to the prerequisites and findings for considering and establishing preferential parking districts; and 2) Direct Staff to notify petitioners with pending petitions requesting the establishment of preferential parking districts that consideration and establishment of such districts has been suspended.
15. Discussion of Pedestrian and Vehicle Safety Along Towne Avenue It is recommended that the City Council discuss safety for vehicles, pedestrians, and cyclists along Towne Avenue.
PUBLIC HEARINGS
16. Public Hearing to Receive Comments on the Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER)
It is recommended that the City Council take the following actions:
1) Conduct a public hearing to receive comments on the Fiscal Year (FY) 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) Program, and Emergency Solutions Grant (ESG) Funds; 2) Upon conclusion of the public hearing, direct staff to incorporate comments received into the final FY 2023-2024 CAPER; and
3) Approve the FY 2023-2024 CAPER for submission to the U .S. Department of Housing and Urban Development (HUD).
ADJOURNMENT
September 16, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
The next Regular Meeting will be held on October 7, 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 September 16, 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 September 10, 2024.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk