Pomona — 2023-05-15

CITY MANAGER COMMUNICATIONS\nReports from the City Manager.

CLOSED SESSION AGENDA ITEMS\nA) CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Pursuant to Government Code Section 54956.8)\nProperty: Veterans Park (APN’s: 8707-019-903, 906 & 909)\nNegotiating Party: Seventh Street Development, Inc.\nCity’s Negotiator: James Makshanoff, City Manager\nUnder Negotiation: Price and terms\nB) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Pursuant to Government Code Section 54956.9 (a) and (d)(1))\nU.S.D.C. No. 2:11-cv-00167-RGK-JEM\nC) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\n(Pursuant to Government Code Section 54956.9 (d)(4))\nOne (1) matter regarding possible litigation to be initiated will be discussed.\nD) CONFERENCE WITH LABOR NEGOTIATORS\n(Pursuant to Government Code Section 54957.6)\nPart Time Unrepresented Employees\nPart Time General Employees Unit\nUnrepresented Group A and B Employees\nUnrepresented Mid-Management Group C-2 Employees\nPomona City Employees’ Association, a Chapter of Teamsters Local 1932\nPomona Mid-Management Confidential Employees Association (PMMCEA)\nPomona Police Officers Association (PPOA)\nPomona Police Managers Association (PPMA)\nLabor Negotiators: James Makshanoff and René Anderson\n7:00 P.M.\nCouncil Chambers\nCALL TO ORDER

MAYOR/COUNCILMEMBER COMMUNICATIONS\nReports on conferences, seminars, and regional meetings attended by Mayor and City Council and announcements of\nupcoming events, and also items for future City Council consideration as requested by Mayor or Members of the City\nCouncil.\nAdditionally, this is the time for Mayor and City Council to disclose on the record any contributions per Charter Section\n1403. This section states “Prior to casting a vote on any contract, permit, or other matter requiring City Council\napproval where the applicant seeking approval is a person or business entity controlled by that person that has\ncontributed more than five hundred dollars ($500) within the previous twelve (12) months to a Councilmember’s City\nelection campaign committee, the Mayor or Councilmember receiving such contribution(s) shall disclose on the public\nrecord the receipt of said contribution(s).

10. Approval of Lot Merger LM1-2023 for the Property Located at 650-654 E. Alvarado Street,\nPomona, CA, Assessor Parcel Number 8337-002-007, Related to the Remodeling of an\nExisting Residential Property (Council District 4)\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-76 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM1-2023 FOR\nTHE PROPERTY LOCATED AT 650-654 E. ALVARADO STREET, ASSESSOR\nPARCEL NUMBER 8337-002-007\n2) Authorize the City Engineer to sign the Lot Merger LM1-2023 on behalf of the City of\nPomona.

11. Resolution to Amend the FY 2022-23 CIP Budget and Award Construction Contract to\nVido Samarzich, Inc. in the Amount of $5,287,075 for “Holt Avenue Corridor\nImprovements,” Project No. 428-2590-XXXXX-68575\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-75 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2022-23 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY RELEASING AND\nUNAPPROPRIATING $300,000 OF PROPOSITION C FUNDS AND $535,297 OF\nSERIES “BI (AX/AI)” BOND PROCEEDS - D4 FROM “HOLT AVENUE (EAST)\nRECONSTRUCTION,” PROJECT NO. 428-2590-XXXXX-71050, AND $1,200,000 OF\nPROPOSITION C FUNDS FROM “HOLT AVENUE (WEST) RECONSTRUCTION,”\nPROJECT NO. 428-2590-XXXXX-71047, AND APPROPRIATING THESE FUNDS\nAND $701,661 OF MEASURE M FUND BALANCE TO THE “HOLT AVENUE\nCORRIDOR IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-68575\n2) Award a construction contract to Vido Samarzich, Inc. for construction improvements\nfor “Holt Avenue Corridor Improvements,” Project No. 428-2590-XXXXX-68575, in the\namount of $5,287,075;\n3) Find that the project referenced above is categorically exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301 in that the project\nconsists of the operation, repair, and maintenance of existing streets; and\n4) Authorize the City Manager, or his designee, to execute the contract, and related\ndocuments, subject to approval as to form by the City Attorney.

12. Approve Amendment to Agreement with Draw Tap GIS, LLC for Continued Geographical\nInformation Systems (GIS) Services for Public Works Asset Management Project\nIt is recommended that the City Council take the following actions:\n1) Approve an amendment to the agreement with Draw Tap GIS, LLC for continued GIS\nServices to support the Public Works Asset Management Project in the amount of\n$150,000 from July 1, 2023 through June 30, 2024; and\n2) Authorize the City Manager, or designee, to execute the agreement and any\nextensions or amendments thereto on behalf of the City, subject to review by the City\nAttorney.

13. Resolution to Amend the FY 2022-23 Capital Improvement Program (CIP) Budget by\nCreating a New Project, “Public Safety Improvements - District 2” and Appropriating\n$14,000 of ARP District 2 Funding\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, TO AMEND THE FY 2022-23 CAPITAL IMPROVEMENT\nPROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “PUBLIC SAFETY\nIMPROVEMENTS - DISTRICT 2,” PROJECT NO. 428-2590-XXXXX-68584 AND\nAPPROPRIATING $14,000 OF CORONAVIRUS STATE AND LOCAL FISCAL\nRECOVERY AMERICAN RESCUE PLAN (ARP) DISTRICT 2 FUNDING TO THE\nPROJECT

14. Approval of a Settlement Agreement and Mutual Release between the City of Pomona\nand the County of Los Angeles\nIt is recommended that the City Council and the Successor Agency to the Former\nRESOLUTION NO. 2023-77 & SA RESOLUTION NO. 2023-01 - A JOINT RESOLUTION\nOF THE CITY COUNCIL OF THE CITY POMONA AND THE SUCCESSOR AGENCY TO\nTHE FORMER REDEVELOPMENT AGENCY OF THE CITY OF POMONA,\nCALIFORNIA, APPROVING THE EXECUTION OF A SETTLEMENT AGREEMENT AND\nMUTUAL RELEASE BY AND AMONG THE CITY OF POMONA, THE SUCCESSOR\nAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF POMONA, THE\nCOUNTY OF LOS ANGELES, THE COUNTY LIBRARY, THE COUNTY FLOOD\nCONTROL DISTRICT, AND THE CONSOLIDATED FIRE PROTECTION DISTRICT\n(COLLECTIVELY, THE “COUNTY”)

15. Award of Contract to Koff and Associates for a Classification and Compensation Study of\nNon-Sworn Positions\nIt is recommended that the City Council take the following actions:\n1) Approve the award of a one-year contract with one, one-year extension to Koff and\nAssociates, a division of Gallagher Company, to conduct a Classification and\nCompensation Study for citywide non-sworn positions for total authorized expenditure\nnot to exceed $300,000, and\n2) Authorize the City Manager to execute a contract with Koff and Associates and any\nextensions thereto, subject to review by the City Attorney.

16. Report on the Temporary Ten (10) Months and Fifteen (15) Days Warehouse Moratorium\nAdopted by the City Council of the City of Pomona\nIt is recommended that the City Council issue, receive and file a Council Report to the\npublic describing the City’s measure to alleviate conditions that led to the adoption of\nUrgency Ordinance No. 4321, establishing a temporary ten (10) month and fifteen (15)\nday moratorium on the establishment, expansion, or modification of warehouses, trucking\nfacilities, and related uses city-wide.

17. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and\nRecap of Expended Funds\nIt is recommended that the City Council take the following actions:\n1) Approve the expenditure(s) recommended and make the finding that the community at\nlarge will receive a public benefit from the expenditure of funds for the recommended\nitem(s); and\n2) Receive and file the recap of final amounts.

18. Receive and File a Pavement Management Program (PMP) Presentation Update\nIt is recommended that the City Council receive and file a Pavement Management\nProgram presentation update.

19. Introduction and First Reading of Ordinance to Amend Chapter 62, Article VI of the\nPomona City Code\nIt is recommended that the City Council introduce, waive further and give first reading to\nthe following ordinance:\nORDINANCE NO. 4331 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPOMONA, CALIFORNIA, AMENDING THE SECTIONS OF CHAPTER 62 (UTILITIES),\nARTICLE VI (SOLID WASTE), DIVISIONS 1 (GENERALLY), 3 (RESIDENTIAL\nCOLLECTION SERVICE RATES AND CHARGES), AND 4 (MULTIFAMILY\nRESIDENTIAL, COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL SERVICE) OF\nTHE POMONA CITY CODE

2. Adoption of a Resolution Condemning Hate Crimes and Any Other Form of Racism,\nReligious or Ethnic Bias, Discrimination, Incitement of Violence and Targeting a Minority\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, CONDEMNING HATE CRIMES AND ANY OTHER FORM\nOF RACISM, RELIGIOUS OR ETHNIC BIAS, DISCRIMINATION, INCITEMENT OF\nVIOLENCE AND TARGETING A MINORITY

20. Adopt a Resolution Approving the City of Pomona’s American Rescue Plan (ARP)\nSpending Plan Update and $400,000 of ARP Funds for the Summer Concerts\nIt is recommended that the City Council approve the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-80 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA APPROVING THE CITY OF POMONA’S\nAMERICAN RESCUE PLAN (ARP) SPENDING PLAN UPDATE\n2) Authorize the use of $400,000 of ARP funds (Health and Wellness) for the Summer\nConcerts for the next four (4) years.

3. Accept a Donation of One (1) New Police Facility Canine (K-9) from Canine Companions\nin and in-kind Amount of $50,000\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, ACCEPTING A DONATION OF ONE (1) NEW POLICE\nFACILITY CANINE (K-9) IN AN IN-KIND AMOUNT OF $50,000 FROM CANINE\nCOMPANIONS

4. Receive and File Annual Military Equipment Use Report as Required by Assembly Bill\n(AB) 481\nIt is recommended that the City Council receive and file annual military equipment use\nreport as required by AB 481 for Fiscal Year 2022-23.

5. Adoption of a Resolution Adopting the Annual Consumer Price Index (CPI) Adjustment for\nBusiness License Taxes, Utility Users’ Maximum Annual Taxes, and Income Levels for\nQualifying for Residential Utility Users’ Tax Exemption Eligibility\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, ADOPTING THE ANNUAL CONSUMER PRICE INDEX\n(CPI) ADJUSTMENT FOR BUSINESS LICENSE TAXES, UTILITY USERS’ MAXIMUM\nANNUAL TAXES, AND INCOME LEVELS FOR RESIDENTIAL UTILITY USERS’ TAX\nEXEMPTION ELIGIBILITY

6. Adopt a Resolution Authorizing the City of Pomona Housing Authority to Increase\nRevenue Estimates by $511,454 and Appropriations by $735,457 from U.S. Department\nof Housing and Urban Development (HUD) Funds\nIt is recommended that the City Council, sitting as the Governing Board for the City of\nPomona Housing Authority, take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-05 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, SITTING AS THE GOVERNING BOARD FOR\nTHE POMONA HOUSING AUTHORITY (PHA) AMENDING THE FY 2022-23\nOPERATING BUDGET TO INCREASE REVENUE ESTIMATES BY $511,545 AND\nAPPROPRIATIONS BY $735,457 FROM U.S. DEPARTMENT OF HOUSING AND\nURBAN DEVELOPMENT (HUD) FUNDS\n2) Authorize the Executive Director of the Pomona Housing Authority or his designee to\nexecute the contracts and other documentation requested for acceptance and\nimplementation of the grant awards, subject to approval as to form by the Agency\nCounsel.

7. Approve Amendment No. 3 to the Professional Services Agreement Stantec Consulting\nServices\nIt is recommended that the City Council take the following actions:\n1) Approve Amendment No. 3 to an agreement with Stantec Consulting Services in an\namount not to exceed $2,841,703 with an expiration date of June 30, 2024; and\n2) Authorize the City Manager to execute Amendment No. 3 with Stantec on behalf of the\nCity, subject to approval to form by the City Attorney.

8. Adopt Resolution Approving and Adopting Mitigated Negative Declaration and Mitigation\nMonitoring Program in Compliance with the California Environmental Quality Act for\nPedley Spreading Grounds - Pond Enhancements Project\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, APPROVING AND ADOPTING MITIGATED NEGATIVE\nDECLARATION (SCH #2023030023) AND MITIGATION MONITORING REPORTING\nPROGRAM IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY\nACT FOR “PEDLEY SPREADING GROUNDS - POND ENHANCEMENTS,” PROJECT\nNO. 428-2590-XXXXX-81058

9. Request to Consider Removal of Committee Member Rudenauer from the Citizens\nOversight Committee\nIt is recommended that the City Council remove District 4 appointee, Committee Member\nDean Rudenauer, from the Citizens Oversight Committee, based on numerous absences.

PRESENTATIONS\n*Proclamation Designating June 2, 2023 as “National Gun Violence Awareness Day” in\nthe City of Pomona\nAttachments: 5.15 Gun Violence Awareness Day\n*Proclamation Recognizing the Week of May 21-27, 2023 as “National Public Works\nWeek” in the City of Pomona\nAttachments: Public Works Week