Monday, October 17, 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.
October 17, 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 Chuck Bader Conference Room
CLOSED SESSION
October 17, 2022City 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 REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
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
B) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1))
Julian Shelby Bryant, a minor, By and Through His Guardian Ad Litem, Rochelle Bryant and Jerry Bryant vs. City of Pomona; and Foothill Transit and DOES 1 to 20; City of Pomona vs. James Edward Reed, Jr. Foothill Transit; and DOES 1 through 20, Inclusive
Superior Court Case No. 19STCV46308
C) 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)
D) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(4))
Initiation of litigation
Number of potential cases: One (1)
E) CONFERENCE WITH LABOR NEGOTIATORS
October 17, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
(Pursuant to Government Code Section 54957.6)
Part Time Unrepresented Employees
Part Time General Employees Unit
Unrepresented Group A and B Employees
Unrepresented Mid-Management Group C-2 Employees
Pomona City Employees’ Association, a Chapter of Teamsters Local 1932 Pomona Mid-Management Confidential Employees Association (PMMCEA) Pomona Police Officers Association (PPOA)
Pomona Police Managers Association (PPMA)
Labor Negotiators: James Makshanoff and René Anderson
7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATIONS
Proclamation Recognizing the Month of October 2022 as “Domestic Violence Awareness Month” in the City of Pomona
Proclamation Proclaiming October 23-31, 2022 as Red Ribbon Week
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:
October 17, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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:
September 19, 2022 Meeting Minutes
October 3, 2022 Meeting Minutes
2. Award of a Contract to Quality Management Group for Property Management Services for Pomona Housing Authority Owned Properties
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority take the following actions:
1) Approve an award to Quality Management Group (QMG) to provide Property Management Services for the City of Pomona Housing Authority to begin services on or before November 1, 2022 through October 31, 2025, with an option to extend for two one-year extensions.
2) Authorize the Executive Director of the Housing Authority or designee, to execute the contract, any extensions or amendments thereto on behalf of the Housing Authority, subject to review by the City Attorney.
3. Authorize the Acceptance of the State of California Office of Traffic Safety Pedestrian and Bicycle Safety Grant
October 17, 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. 2022-158 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF
CALIFORNIA OFFICE OF TRAFFIC SAFETY PEDESTRIAN AND BICYCLE SAFETY GRANT IN THE AMOUNT OF $ 47,304 AND AMENDING THE FY 2022-23 OPERATING BUDGET TO INCREASE REVENUE ESTIMATES
AND APPROPRIATIONS BY $47,304
2) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
4. Authorize the Acceptance of the State Of California Office of Traffic Safety Selective Traffic Enforcement Program Grant
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-157 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF
CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $ 485,000 AND AMENDING THE FY 2022-23 OPERATING BUDGET TO INCREASE
REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF
$485,000
2) Authorize the City Manager, or designee, to execute any and all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney.
5. Approve First Amendment to Professional Services Agreement with Dudek, in the Amount of $36,250 for the “Water Resources Building” Project It is recommended that the City Council take the following actions:
1) Approve the First Amendment to Professional Services Agreement with Dudek, in the amount of $36,250 (for a contract total of $233,370) for the “Water Resources Building” Project; and,
2) Authorize the City Manager, or designee, to sign the attached agreements.
October 17, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
6. Award of Design Contract to Architerra Design Group for “Park Restroom Construction and Replacement”
It is recommended that the City Council take the following actions:
1) Award a contract to Architerra Design Group in the amount of $475,040 for the design development and preparation of construction documents for the replacement of existing restroom structures at Tony Cerda and John F. Kennedy Parks and the addition of new restroom buildings at Washington, Palomares, and Cesar Chavez Parks for “Park Restroom Construction and Replacement,” Project No. 428-2590-XXXXX-71079; and
2) Authorize the City Manager to execute the contract and any subsequent amendments or change orders, subject to review by the City Attorney.
7. Adopt a Resolution Approving an Integrated Resource Plan for Pomona Choice Energy Community Choice Aggregation Program
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-193 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING AN INTEGRATED RESOURCE
PLAN FOR POMONA CHOICE ENERGY COMMUNITY CHOICE AGGREGATION
PROGRAM
8. Award a Contract to R Dependable Construction for Tenant Improvements to 2040 N.
Garey Avenue, Pomona, CA
It is recommended that the City Council take the following actions:
1) Award a contract to R Dependable Construction Inc. for the tenant improvements for 2040 N. Garey Avenue, Pomona, CA in the amount of $209,972; and, 2) Authorize the City Manager to execute the contract and any subsequent change orders on behalf of the City, upon City Attorney approval.
9. Approve a Sole Source Agreement with HdL Companies for Rental Property Registration Services
It is recommended that the City Council take the following actions:
1) Approve a sole source professional services agreement to HdL Companies, not to exceed a maximum annual amount of $30,000 for Rental Registration Administration Services; and
October 17, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
2) Authorize the City Manager to execute a three -year agreement, with two one -year renewal options, with HdL Companies and any subsequent documents or amendments, subject to review and approval by the City Attorney.
10. Authorization to apply for and receive an award of Housing Accelerator Funds from the California Department of Housing and Community Development for the East End Village Affordable Housing Project.
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-196 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO BE A CO -APPLICANT AND CO -RECIPIENT OF CALIFORNIA HOUSING
ACCELERATOR FUNDS THROUGH THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR THE EAST END VILLAGE
AFFORDABLE HOUSING PROJECT IN THE CITY OF POMONA
2) Authorize the City Manager to enter into, execute, and deliver a Standard Agreement (STD213) in an amount not to exceed $45,000,000, and any and all other documents required or deemed necessary or appropriate to secure the California Housing Accelerator Loan from the California State Department of Housing and Community Development (“HCD”) and to participate in the California Housing Accelerator program, and all amendments thereto (collectively, the “California Housing Accelerator Loan Documents”); and
3) Authorize the City Manager and City Attorney to make non substantive changes or corrections that may be required by HCD.
DISCUSSION CALENDAR
11. 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.
12. Approve a Resolution Providing Notice of Intent to Award an Exclusive Franchise Agreement to Arakelian Enterprises, Inc. dba Athens Services for Residential and
October 17, 2022City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
Commercial Solid Waste, Recyclable Materials, and Organic Waste Collection Services and Setting the Public Hearing to Introduce a Solid Waste Franchise Ordinance It is recommended that the City Council adopt the following resolution:
resolution no. 2022-194 - A Resolution OF THE CITY COUNCIL OF THE CITY OF POMONA, california, declaring its intent to AWARD an exclusive franchise agreement to arakelian enterprises, inc. dba athens services for RESIDENTIAL
AND COMMERCIAL SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANIC WASTE COLLECTION SERVICES and setting the public hearing TO INTRODUCE
A SOLID WASTE FRANCHISE ORDINANCE
PUBLIC HEARINGS
13. Amend the City of Pomona Master Fee Schedule to Add Concealed Carry Weapon (CCW) License Fees and Approve a Contract with Permitium to Assist in the Processing of CCW Applications
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2022-178 - A RESOLUTION OF THE CITY OF
POMONA, CALIFORNIA, APPROVING AN AMENDMENT TO THE FISCAL YEAR (FY) 2022-23 MASTER FEE SCHEDULE TO ADD CONCEALED
CARRY WEAPON (CCW) LICENSE FEES
2) Approve the sole source purchase of a web -based computer program from Permitium to assist in the processing of CCW applications, in the amount not-to-exceed $3,000 annually; and
3) 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.
ADJOURNMENT
The next Regular Meeting will be held on November 7, 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 October 17, 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 October 12, 2022.
October 17, 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