Monday, September 12, 2022
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 Elizabeth Ontiveros-Cole
Councilmember John Nolte
Councilmember Victor Preciado
Councilmember Nora Garcia
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 12, 2022City 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 Closed Session Room
CLOSED SESSION
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Held in the City Council 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(d)(1))
Citizens for Amending Prop L, et al. v. City of Pomona, et al.
LASC Case No. 19STCP00482
B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(4))
Significant exposure to litigation
Number of potential cases: One (1)
C) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957(b)(1))
Human Resources/Risk Management Director
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: APN’s: 8341-003-902, 903, 904, 905, 906, 907, 908 & 909 8341-004-902
Negotiating Parties: Mission Oak Group, LLC; The Michaels Organization; Gaia Block Partners, LLC
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
___________________________________________________________________ ___
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Property: Veterans Park (APN’s: 8707-019-903, 906 & 909) Negotiating Parties: Seventh Street Development, Inc.
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
___________________________________________________________________ ___
Property: APN’s: 8336-026-904 & 905
Negotiating Parties: City of Pomona Successor Agency to the Redevelopment Agency - Kirk Pelser
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
___________________________________________________________________ ___
Property: VPD Lot 2 (APN: 8336-021-901)
Negotiating Parties: Patricia M. Mahaffey Trust
City’s Negotiator: James Makshanoff, City Manager
Under Negotiation: Price and terms
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
Presentation by Norma Quinones, Executive Director of the San Gabriel Valley Conservation Corps
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Proclamation Declaring the Month of September 2022 A Celebration Honoring 30 Years of Service by the Non-Profit Shoes That Fit
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.
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. Amendment of the Fiscal Year 2022-23 Operating Budget by Appropriating $ 203,767 of Los Angeles Regional Park and Open Space District Grant Funds to Tree Planting Projects in the Northside and Southside Study Areas
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 OPERATING BUDGET BY APPROPRIATING $ 203,767 OF LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT GRANT FUNDS TO
TREE PLANTING PROJECTS IN THE NORTHSIDE AND SOUTHSIDE STUDY AREAS
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2. 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:
July 26, 2022 Special Meeting Minutes
August 1, 2022 Meeting Minutes
August 15, 2022 Meeting Minutes
3. Approval of Lot Merger LM 11-2022 for the Property Located at 1196 W. Third Street, Pomona, CA, Assessor Parcel Number 8348-015-015, Related to the Remodeling of an Existing Residential Property (Council District 4)
It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022-159 - A RESOLTUION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM11-2022 FOR THE PROPERTY LOCATED AT 1196 W. THIRD STREET, ASSESSOR PARCEL NUMBER 8348-015-015
2) Authorize the City Engineer to sign the Lot Merger LM 11-2022 on behalf of the City of Pomona.
4. Approval of Lot Merger LM 3-2022 for the Property Located at 336 E. Holt Avenue, Pomona, CA, Assessor Parcel Number 8337-026-013, Related to the Remodeling and Upgrading of an Existing Commercial Property (Council District 4).
It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022-160 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM3-2022 FOR THE PROPERTY LOCATED AT 336 E. HOLT AVENUE, ASSESSOR PARCEL NUMBER 8337-026-013
2) Authorize the City Engineer to sign the Lot Merger LM 3-2022 on behalf of the City of Pomona.
5. Approval of Lot Merger LM 1-2021 for the Property Located at 1410 N. Garey Avenue, Pomona, CA, Assessor Parcel Number 8339-021-020, Related to the Remodeling and Upgrading of an Existing Commercial Property (Council District 4).
September 12, 2022City 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. 2022-161 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM1-2021 FOR THE PROPERTY LOCATED AT 1410 N. GAREY AVENUE, ASSESSOR PARCEL NUMBER 8339-021-020
2) Authorize the City Engineer to sign the Lot Merger LM 1-2021 on behalf of the City of Pomona.
6. Approval of Lot Merger LM 2-2022 for the Property Located at 450 E. Second Street, Pomona, CA, Assessor Parcel Numbers 8335-007-011 & -018, Related to the Tenant Improvement of the Western University Health Sciences Center (Council District 2) It is recommended that the City Council take the following actions:
1) Adopt the following Resolution:
RESOLUTION NO. 2022-162 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER
LM2-2022 FOR THE PROPERTY LOCATED AT 450 E. SECOND STREET, ASSESSOR PARCEL NUMBERS 8335-007-011 AND -018
2) Authorize the City Engineer to sign the Lot Merger LM 2-2022 on behalf of the City of Pomona.
7. Award a Contract to Guaranteed Janitorial Service, Inc. and Base Hill, Inc. for Janitorial Services at Various City Facilities
It is recommended that the City Council take the following actions:
1) Award an initial three -year contract in a total amount of $341,598.35, with two optional one -year extensions, to Guaranteed Janitorial Service, Inc. for Janitorial Services at the Pomona Civic Center beginning October 1, 2022 through September 30, 2025; and
2) Award an initial three -year contract in a total amount of $445,600.42, with two optional one -year extensions, to Base Hill, Inc. for Janitorial Services at the City Yard, Regional Transit Center (RTC), and Pomona Police Department Facilities beginning October 1, 2022 through September 30, 2025; and 3) Authorize the City Manager, or designee, to approve the agreement, purchase
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
orders, and any extensions or amendments thereto on behalf of the City.
8. Amending the Fiscal Year (FY) 2022-23 City Operating Budget to Increase Revenue Estimates and Appropriations in the Amount of $ 545,691 in Community Development Block Grant (CDBG) and Community Development Block Grant Corona Virus (CDBG-CV) Funds
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR (FY) 2022-23
CITY OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $545,691 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND COMMUNITY DEVELOPMENT
BLOCK GRANT CORONA VIRUS (CDBG-CV) FUNDS
9. Authorize Change Order Capability up to $ 250,000 for Construction Contract with All American Asphalt for “Philadelphia Street Rehabilitation - From San Antonio Avenue to East City Limit (ECL)”
It is recommended that the City Council take the following actions:
1) Authorize change order capability up to $250,000, exceeding 25 percent of the original contract amount, for the construction contract with All American Asphalt for “Philadelphia Street Rehabilitation - From San Antonio Avenue to East City Limit (ECL),” Project No. 428-2590-XXXXX-68577; and
2) Authorize the City Manager, or designee, to execute change order documents.
10. Approval of Appointment to Fill the District 3 Vacancy on the Board of Parking Place Commissioners (Vehicle Parking District)
It is recommended that the City Council review the application and approve the appointment of Renee Barbee to serve as the District 3 representative on the Board of Parking Place Commissioners (VPD).
11. Approving Funding of $ 75,000 to the Pomona Economic Opportunity Center (PEOC) in Accordance with the Defined Disbursement Schedule
It is recommended that the City Council approve funding for the Pomona Economic Opportunity (the “PEOC”) for Fiscal Year 2022-2023 in the amount of $ 75,000 to be disbursed in four equal payments of $ 18,750 at the end of each quarter after receipt of the respective Quarterly Reports.
DISCUSSION CALENDAR
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
12. 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 for previously approved projects/activities.
PUBLIC HEARINGS
13. Approve the City of Pomona Housing Authority ’s FY 2022-2023 Annual Plan, MTW Supplement, and the Revised Administrative Plan for Submission to the U .S. Department of Housing and Urban Development (HUD)
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority, take the following actions:
1) Conduct a Public Hearing for the City of Pomona Housing Authority ’s Annual Plan for FY 2022-23 and Administrative Plan to receive testimony and comments; and, 2) Adopt the following resolution:
RESOLUTION NO. 2022-164 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA SITTING AS THE GOVERNING BOARD OF THE
POMONA HOUSING AUTHORITY, APPROVING THE PUBLIC HOUSING AGENCY
CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN, THE
CERTIFICATION OF COMPLIANCE WITH THE PUBLIC HOUSING AUTHORITY
ANNUAL PLAN AND MOVING TO WORK (MTW) SUPPLEMENT TO THE ANNUAL
PLAN AND SUBMISSION OF THE REVISED POMONA HOUSING AUTHORITY ADMINISTRATIVE PLAN TO THE U .S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
ADJOURNMENT
The next Regular Meeting will be held on September 19, 2022 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 12, 2022 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 6, 2022.
September 12, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk