Pomona — 2024-06-03

CITY MANAGER COMMUNICATIONS\nReports from the City Manager.

CLOSED SESSION AGENDA ITEMS\nA) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Pursuant to Government Code Section 54956.9(a))\nPeople of the State of California, by and through the City of Pomona v. Pomona Lodge\nLLC, et al.\nLos Angeles County Superior Court\nCase No. 24PSCV009900\nLos Angeles County Superior Court\nCase No. 22PSCV03011\nB) POTENTIAL/THREAT OF LITIGATION\n(Pursuant to Government Code Section 54956.9(d)(2))\nOne (1) case related to breach of contract.

1. Approval of City Council/Housing Authority/Successor Agency to the Redevelopment\nAgency Meeting Minutes\nIt is recommended that the City Council approve the following City Council/Housing\nAuthority/Successor Agency to the Redevelopment Agency Meeting Minutes:\nMay 13, 2024 Special Meeting Minutes\nMay 20, 2024 Regular Meeting Minutes

10. Approval of Summary Vacations VU3-2023 of the City’s Unused Sewer Easement and\nVU4-2023 of the City’s Unused Storm Drain Easement Located within the Boundary of the\nIndustrial Lot Located at 4200 Valley Boulevard, Pomona, CA, Assessor Parcel Number\n8709-026-060, Related to the Current Redevelopment of the Property; Approval of the\nQuitclaim Deeds for the Vacated Easements (Council District 5)\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-80 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, ORDERING THE SUMMARY VACATIONS\nVU3-2023 OF THE CITY’S UNUSED SEWER EASEMENT AND VU4-2024 OF THE\nCITY’S UNUSED STORM DRAIN EASEMENT WITHIN THE BOUNDARY OF THE\nINDUSTRIAL LOT LOCATED AT 4200 VALLEY BOULEVARD, POMONA, CA,\nASSESSOR PARCEL NUMBER 8709-026-060, AND APPROVING QUITCLAIM\nDEEDS FOR THE VACATED EASEMENTS\n2) Authorize the City Manager to execute the quitclaim deeds on behalf of the City.

11. Approval of Lot Line Adjustment LLA1-2023 Related to the Commercial Development\nLocated at 395 S. Thomas Street and 281 W. Fourth Street, Pomona, California, Assessor\nParcel Numbers 8341-005-014 & -011 (Council District 2)\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-81 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT\nLLA1-2023 FOR THE PROPERTIES LOCATED AT 395 S. THOMAS STREET AND\n281 W. FOURTH STREET, POMONA, CA, ASSESSOR PARCEL NUMBERS\n8341-005-014 & -011\n2) Authorize the City Engineer to sign the Lot Line Adjustment LLA1-2023 on behalf of\nthe City.

12. Approval of the Annual Engineer of Record Report and Adoption of a Resolution of\nIntent Setting July 15, 2024 as the Public Hearing Date Regarding Annexation of\nAdditional Territory and the Levy of Annual Assessment\nIt is recommended that the City Council take the following actions:\n1) Approve the Engineer’s Report for the Consolidated Citywide Street Lighting and\nLandscaping Maintenance District for FY 2024-25, including annexation of 147\nadditional parcels and the annual levy of assessments; and\n2) Adopt the following resolution:\nRESOLUTION NO. 2024-78 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, TO ANNEX NEW TERRITORY AND LEVY\nFISCAL YEAR 2024-25 ASSESSMENTS FOR THE CONSOLIDATED CITYWIDE\nSTREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT AND\nSETTING JULY 15, 2024 AS THE DATE FOR THE PUBLIC HEARING ON THE\nMATTER

13. Approve an Amendment with Stantec Consulting Services and to the Cooperative\nAgreement with the East San Gabriel Valley Watershed Management Group\nIt is recommended that the City Council take the following actions:\n1) Approve Amendment No. 4 to an agreement with Stantec Consulting Services in an\namount not to exceed $3,495,727 with an expiration date of June 30, 2025; and\n2) Approve Amendment No. 8 to the cooperative agreement with the cities of Claremont,\nLa Verne, San Dimas and Pomona, collectively known as the East San Gabriel Valley\nWatershed Management Group; and\n3) Authorize the City Manager to execute Amendment No. 4 with Stantec and\nAmendment No. 8 to the cooperative agreement on behalf of the City, subject to\napproval form the City Attorney.

14. Approve Entering into an Agreement with Metropolitan Water District if they are Awarded a\nFederal Environmental Protection Agency Grant\nIt is recommended that the City Council take the following actions:\n1) Approve entering into a Memorandum of Agreement (MOA) with The Metropolitan\nWater District of Southern California (MWD) and nine agencies if awarded the\nEnvironmental Protection Agency (EPA) Climate Pollution Reduction Grant for Water\nUtilities Targeted Zero Emission Vehicle Transition Program (Attachment No. 1); and,\n2) Authorize the City Manager to execute the MOA to EPA, and any sub-recipient\nagreements relating to this grant with MWD or the EPA if the grant is awarded.

15. Approve Site Host Agreement with Electric Vehicle Charging Solutions Inc., at Palomares\nPark\nIt is recommended that the City Council take the following action:\n1) Approve Site Host Agreement with Electric Vehicle Charging Solutions Inc. (EVCS) for\nthe operations and maintenance of the electric vehicle (EV) charging stations located\nat Palomares Park; and,\n2) Authorize the City Manager, or designee, to sign the Site Host Agreement and any\namendments, with EVCS, contingent on City Attorney review.

16. Adopt a Resolution to Amend the FY2023-24 Capital Improvement Program (CIP) Budget\nand Approve a Loan Agreement\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-82 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, AMENDING THE FY2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE\nESTIMATES BY $568,500 FROM SOCALREN REVOLVING SAVINGS FUND LOAN\nPROCEEDS AND BY CREATING A NEW PROJECT, “POMONA POLICE\nSTATION/FIRE STATION 181 ENERGY EFFICIENCY UPGRADES,” PROJECT NO.\n428-2590-XXXXX-71119, AND APPROPRIATING THIS $568,500 OF SOCALREN\nREVOLVING SAVINGS FUND LOAN PROCEEDS TO THE PROJECT\n2) Approve a loan agreement between the City of Pomona and the County of Los\nAngeles in the amount of $568,500 for a SoCalREN Revolving Savings Loan;\nand,\n3) Authorize the City Manager to execute a loan agreement on behalf of the City of\nPomona with the County of Los Angeles to fund energy efficient equipment\nreplacements, contingent on City Attorney review.

17. Adopt a Resolution Authorizing the City of Pomona to Submit a Grant Application through\nthe Board of State of Community Corrections Proposition 47 Grant\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-90 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE SUBMITAL OF\nAPPLICATION FOR GRANT FUNDS THROUGH THE BOARD OF STATE\nCOMMUNITY CORRECTIONS PROPOSITION 47 GRANT\n2) Authorize the City Manager, or designee, to execute all documents related with this\naction, with approval of the City Attorney as to form.

18. Appeal of Planning Commission Decision for Proposed Outdoor Storage Yard at 1313\nEast Phillips Boulevard.\nIt is recommended that the City Council schedule the appeal for a public hearing for the\nregularly scheduled City Council meeting of June 17, 2024.

19. Appeal of Planning Commission Decision for Proposed Outdoor Storage Yard at 2000\nPomona Boulevard.\nIt is recommended that the City Council schedule the appeal for a public hearing for the\nregularly scheduled City Council meeting of June 17, 2024.

2. Adoption and Second Reading of Ordinance No. 4344\nIt is recommended that the City Council take the following actions:\n1) Hereby determine that the adoption of this Ordinance is not subject to the California\nEnvironmental Quality Act under Section 15378(b)(2) and (b)(5) of Title 14 of the\nCalifornia Code of Regulations; and,\n2) Adopt, waive further and give second reading to the following ordinance:\nORDINANCE NO. 4344 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING SECTIONS 62-200 OF CHAPTERS 62,\nALSO KNOWN AS THE CODE OF THE CITY OF POMONA, REGULATING\nBACKFLOW PREVENTION DEVICES AND ADOPTING THE CROSS\nCONNECTION CONTROL POLICY HANDBOOK

20. 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.

21. Adopting the FY 2024-2025 Annual Action Plan with Funding Recommendations\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-48 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, APPROVING THE FY 2024-2025 ANNUAL\nACTION PLAN WITH PROPOSED FUNDING FOR COMMUNITY DEVELOPMENT\nBLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND\nEMERGENCY SOLUTIONS GRANT (ESG) FEDERAL ENTITLEMENT PROGRAMS\n2) Approve final award recommendations for the FY 2024-2025 CDBG Program;\n3) Approve final award recommendations for the FY 2024-2025 HOME Program;\n4) Approve final award recommendations for the FY 2024-2025 ESG Program;\n5) Approve awarding $50,000 in Emergency Solution Grant to Volunteers of America Los\nAngeles, under the current site operator agreement for the Hope for Home Service\nCenter;\n6) Approve the inclusion of funding awards in the Annual Action Plan;\n7) Adopt the FY 2024-2025 Annual Action Plan as amended by item 6 above; and\n8) Authorize the City Manager to execute appropriate applications and certification\ndocuments for the Annual Action Plan for submittal to the U.S. Department of Housing\nand Urban Development (HUD).

22. Public Hearing: Adoption of Resolutions Approving the Fiscal Year (FY) 2024-25 City of\nPomona Operating Budget and Updating the American Rescue Plan Expenditure\nSpending Plan, Housing Authority Budget, Five Year Capital Improvement Program\nBudget, Establishing the FY 2024-25 GANN Appropriations Limit, and Personnel Related\nActions\nIt is recommended that the City Council and the City Council sitting as the Commission of\nthe Housing Authority conduct the public hearing and after receiving comments and\ntestimony, adopt respectively the following resolutions:\nRESOLUTION NO. 2024-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA ADOPTING THE CITY’S OPERATING BUDGET FOR FY\n2024-25 AND UPDATED AMERICAN RESCUE SPENDING PLAN\nRESOLUTION NO. 2024-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA SITTING AS THE COMMISSION OF THE HOUSING\nAUTHORITY OF THE CITY OF POMONA, ADOPTING THE FY 2024-25 HOUSING\nAUTHORITY BUDGET\nRESOLUTION NO. 2024-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA APPROVING THE FY 2024-25 TO FY 2028-29 FIVE-YEAR\nCAPITAL IMPROVEMENT PROGRAM AND ADOPTING A CAPITAL IMPROVEMENT\nPROGRAM BUDGET FOR FY 2024-25\nRESOLUTION NO. 2024-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA ESTABLISHING THE GANN\nAPPROPRIATIONS LIMIT OF THE CITY OF POMONA PURSUANT TO ARTICLE XIII\nOF THE STATE CONSTITUTION FOR FY 2024-25\nRESOLUTION NO. 2024-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING APPENDIX A OF THE COMPENSATION\nPLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY\nDELETING CITY TREASURER CLASSIFICATION\nRESOLUTION NO. 2024-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF\nUNDERSTANDING WITH THE POMONA MID-MANAGEMENT/ CONFIDENTIAL\nEMPLOYEES’ ASSOCIATION TO ADD THE CLASSIFICATIONS OF RISK\nMANAGEMENT CLAIMS ANALYST AND SENIOR INFORMATION TECHNOLOGY\nMANAGER\nRESOLUTION NO. 2024-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, ADOPTING THE CITY OF POMONA’S SALARY\nSCHEDULE FOR FISCAL YEAR 2024-25 TO MEET THE CALIFORNIA CODE OF\nREGULATIONS TITLE 2, SECTIONS 570.5 AND 571

3. Mandated Biennial Review of the City’s Conflict of Interest Code\nIt is recommended that the City Council direct staff to review the City’s current Conflict of\nInterest Code.

4. Notice and Call of General Municipal Election on November 5, 2024 to be Consolidated\nwith the Los Angeles County Statewide General Election for the Election of Three (3)\nMembers of the City Council for Districts 1, 4, and 6\nIt is recommended that the City Council adopt the following resolutions in order to conduct\na General Municipal Election on November 5, 2024:\nRESOLUTION NO. 2024-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL\nMUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE\nELECTION OF THREE MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE\nPROVISION OF THE LAWS OF THE STATES OF CALIFORNIA RELATING TO\nCHARTER CITIES\nRESOLUTION NO. 2024-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISOR OF THE\nCOUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION\nTO BE HELD ON NOVEMBER 5, 2024, WITH THE PRESIDENTIAL (STATEWIDE)\nGENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403\nOF THE ELECTIONS CODE\nRESOLUTION NO. 2024-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR\nELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO\nTHE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,\nNOVEMEBER 5, 2024

5. Approval of a One-Year Agreement with the Downtown Pomona Owners’ Association for\nSupplemental Police Patrols in the Downtown Pomona Business Improvement District\nIt is recommended that the City Council take the following actions:\n1) Approve an Agreement between the City of Pomona and the Downtown Pomona\nOwners’ Association for a one year period with the option to renew for one (1)\nadditional year; and\n2) Authorize the City Manager, or designee, to execute the Agreement and any\nextensions to the Agreement on behalf of the City, in substantially the form submitted,\nsubject to review and approval by the City Attorney.

6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by\nAccepting STP-L Grant Funds, Increasing Revenue Estimates, and Appropriating\n$450,000 of Federal Grant Funds and $68,716 of Reimbursement Funds from the\nApproved Agreement With the City of La Verne, CA, as Well as Update the Project\nDescription for “Street Preservation - Citywide (FY 16-17) (MAJOR),” Project No.\n428-2590-XXXXX-67920\nIt is recommended that the City Council approve the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-70 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING STP-L GRANT\nFUNDS AND REIMBURSEMENT FUNDS, INCREASING REVENUE ESTIMATES,\nAND APPROPRIATING $450,000 OF FEDERAL STP-L GRANT FUNDS AND\n$68,716 OF REIMBURSEMENT FUNDS FROM THE CITY OF LA VERNE,\nCALIFORNIA, AND UPDATE THE PROJECT DESCRIPTION FOR “STREET\nPRESERVATION - CITYWIDE (FY 16-17) (MAJOR),” PROJECT NO.\n428-2590-XXXXX-67920;\n2) Approve an Agreement between the City of Pomona (City) and the City of La Verne,\nfor the City to complete the slurry seal and signal conduit improvements on White\nAvenue from the North Pomona City limit to just south of the Arrow Highway\nintersection, which is located within the La Verne City limit; and\n3) Award of a separate Purchase Order (PO) to American Asphalt South, Inc. for the\nportion of work on White Ave. within La Verne City limit; and\n4) Approve an increase of contingency capacity from City standard of 25% to 70% for\nAmerican Asphalt South, Inc.’s contract of $1,355,329, to allow for the use of\nadditional STP-L Grant Funds, as well as additional work included in the Agreement\nwith the City of La Verne; and\n5) Authorize City Manager, or designee, to execute the Multi-City Agreement, purchase\norder, and other related documents (permits, etc.).

7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget and\nOperating Budget by Creating a New Project, “Skate Park at Kennedy Park,” and\nAppropriating $155,000 of General Fund to the Project\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2024-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT\nPROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “SKATE PARK AT\nKENNEDY PARK,” PROJECT NO. 428-2590-XXXXX-71102 AND AMENDING THE FY\n2023-24 OPERATING BUDGET BY UNAPPROPRIATING $155,000 OF GENERAL\nFUND HOURLY AND FURNITURE AND EQUIPMENT SAVINGS FROM CUSTODIAL\nSERVICES AND AFTERSCHOOL RECREATION (YOUTH), AND APPROPRIATING\nTHIS $155,000 TO THE NEW PROJECT

8. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by\nUnappropriating Funds From Various Projects, and Appropriating Them to “Street\nPreservation - Local (FY 23-24),” Project No. 428-2590-XXXXX-68592; Appropriating ARP\n(D4) Funds to “Street Improvements - Citywide (CDBG) (FY 22-23 to 24-25),” Project No.\n428-2590-XXXXX-71065; and Awarding a Construction Contract to Gentry Brothers, Inc.\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-77 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA AMENDING THE FY 2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $20,000 OF\nMEASURE R FUNDS FROM “STREET PRESERVATION - LOCAL (FY 21-22),”\nPROJECT NO. 428-2590-XXXXX-68572 AND $600,000 OF SB-1/RMRA FUNDS\nFROM “STREET PRESERVATION - LOCAL (FY 22-23),” PROJECT No.\n428-2590-XXXXX-68582 AND APPROPRIATING THESE FUNDS TO “STREET\nPRESERVATION - LOCAL (FY 23-24),” PROJECT NO. 428-2590-XXXXX-68592;\nAND APPROPRIATING $144,000 OF AVAILABLE DISTRICT 4 AMERICAN\nRESCUE PLAN (ARP) FUNDS TO\n“STREET IMPROVEMENTS - CITYWIDE (CDBG) (FY 22-23 TO 24-25),” PROJECT\nNO. 428-2590-XXXXX-71065\n2) Award a construction contract to Gentry Brothers, Inc. in the total amount of\n$3,060,050.50, with $524,000 for “Street Improvements - Citywide (CDBG) (FY 22-23\nto FY 24-25),: Project No. 428-2590-XXXXX-71065 to include improvements on\nvarious streets, and $2,536,050.50 for “Street Preservation - Local (FY 23-24),” Project\nNo. 428-2590-XXXXX-68592 to include Base Bid plus Additive Alternate Nos. one (1)\nthrough three (3);\n3) Authorize the City Manager, or her designee, to execute the construction contract, and\nall related documents (purchase orders, amendments, permits, etc.);\n4) Approve an increase of contingency capacity from City standard of 25% to 50% for the\ncontract to Gentry Brothers, Inc. to allow for additional street improvements;\n5) Find that the projects referenced above are categorically exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301(c) and that the\nproposed projects will not have a significant effect on the environment; and\n6) Approve including Saturdays in the “Allowed Working Days” for the Contractor to\nperform construction improvements, as necessary.

9. Resolution to Amend the FY 2023-24 CIP Budget by Creating a New Project, “Pomona\nSafety Action Plan” and Appropriating $400,000 of Safe Streets and Roads for All (SS4A)\nGrant Funds to the Project\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2024-68 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY CREATING A NEW PROJECT,\n“POMONA SAFETY ACTION PLAN,” PROJECT NO. 428-2590-XXXXX-68590 AND\nACCEPTING, INCREASING REVENUE ESTIMATES, AND APPROPRIATING\n$400,000 OF SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT FUNDS TO\nTHE PROJECT\n2) Authorize the City Manager, or her designee, to execute the agreement and other\ndocumentation requested for acceptance and implementation of the grant awards,\nsubject to approval as to form by the City Attorney.

PRESENTATIONS\nA Proclamation of the City Council of the City of Pomona Recognizing June 2024 as “Gun\nViolence Prevention Month” in the City of Pomona