Monday, January 8, 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 Victor Preciado
Councilmember John Nolte
Councilmember Nora Garcia
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.
January 8, 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
January 8, 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 REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Vacant Parcels (APN’s: 8705-001-913 - 916)
Negotiating Party: Miguel Tafoya & Remedios et al
Fernando Tafoya & Belen Jacobo
City’s Negotiator: Anita Gutierrez, Acting City Manager
Under Negotiation: Price and terms
B) PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Government Code Section 54957)
Title: Acting, Interim and/or Permanent City Manager)
C) CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code Section 54957.6)
Unrepresented Employee: Acting, Interim and/or Permanent City Manager 7:00 P.M.
Council Chambers
CALL TO ORDER
CLOSED SESSION REPORT
PLEDGE OF ALLEGIANCE
ROLL CALL
January 8, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
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.
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:
December 4, 2023 Meeting Minutes
January 8, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
December 11, 2023 Special Meeting Minutes
2. Second Reading and Adoption of Ordinance No. 4334 Adopting by Reference Title 32, Fire Code, of the Los Angeles County Code, Incorporating the California Fire Code, 2022 Edition by Amending Sections 22-1 and 74-31 of the Pomona City Code and Finding the Action Exempt from the California Environmental Quality Act It is recommended that the City Council that the City Council adopt the following ordinance:
ORDINANCE NO. 4334 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING BY REFERENCE TITLE 32, FIRE CODE,
OF THE LOS ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA FIRE CODE, 2022 EDITION BY AMENDING SECTIONS 22-1 AND 74-31 OF THE
POMONA CITY CODE AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
3. Approve an Amendment to the Agreement with Parkwood Landscape Maintenance, Inc . to Include Bus Shelter and Trash Receptacle Maintenance Services at 36 New Locations It is recommended that the City Council take the following actions:
1) Approve an amendment to the agreement with Parkwood Landscape Maintenance, Inc. to include bus shelter and trash receptacle maintenance services at 36 additional locations, effective January 9, 2024 through July 31, 2024, at an amount of $20,893; and
2) Authorize the City Manager, or designee, to execute the amended agreement with Parkwood Landscape Maintenance, Inc ., and any extension or amendments thereto on behalf of the City, subject to review by the City Attorney.
4. Award of Construction Contract to Garcon Construction, Inc. in the Amount of $ 1,258,358 for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 22-23),” Project No . 428-2590-XXXXX-67939
It is recommended that the City Council take the following actions:
1) Award a construction contract to Garcon Construction, Inc. for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX- 67939, to include all Base Bid and Additive Alternate Nos. 1 and 2 items in the amount of $1,258,358;
2) 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; and
January 8, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
3) Authorize the City Manager or designee, to execute the construction contract and related documents (permits, etc.) on behalf of the City, subject to review by the City Attorney.
DISCUSSION CALENDAR
5. Fiscal Year 2024-25 Budget Kickoff
It is recommended that the City Council take the following actions:
1) Approve the attached Fiscal Year (FY) 2024-25 Budget Guiding Principles; and 2) Review the FY 2024-25 Budget Preparation Calendar and Budget Process.
6. 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.
PUBLIC HEARINGS
7. Public Hearing Pursuant to Section 147(F) of the Internal Revenue Code; Resolution Approving Associate Membership Agreement with the California Enterprise Development Authority and Resolution Approving Conduit Financing for Provident Group-Pomona Properties L.L.C.
It is recommended that the City Council take the following actions:
1) Conduct a Public Hearing regarding the issuance by the California Enterprise Development Authority of certain revenue bonds in an aggregate principal amount not to exceed $50,000,000 for the purpose of financing, refinancing, and /or reimbursing the acquisition, construction installation, furnishing, and equipping of a 174,533 square foot student housing facility consisting of approximately 202 apartment style student housing units and 10,217 square feet of academic and administrative space; and
2) After receiving public comment and testimony, close the Public Hearing and adopt the following resolutions:
January 8, 2024City Council / Housing Authority /
Successor Agency to the
Redevelopment Agency
Regular Meeting Agenda
RESOLUTION NO 2024-04 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POMONA, CALIFORNIA, APPROVING ASSOCIATE
MEMBERSHIP BY THE CITY OF POMONA, CALIFORNIA IN THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE
EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING
TO ASSOCIATE MEMBERSHIP OF THE CITY OF POMONA, CALIFORNIA IN
THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
RESOLUTION NO 2024-05 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POMONA, CALIFORNIA, APPROVING THE ISSUANCE BY THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE
BONDS FOR THE BENEFIT OF PROVIDENT GROUP -POMONA PROPERTIES L.L.C. IN AN AGGREGATE MAXIMUM STATED PRINCIPAL AMOUNT OF $50,000,000 FOR THE PURPOSE OF FINANCING, REFINANCING AND /OR
REIMBURSING THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION,
FURNISHING AND EQUIPPING OF FACILITIES, PROVIDING THE TERMS AND
CONDITIONS FOR SUCH REVENUE BONDS AND OTHER MATTERS RELATING
THERETO
ADJOURNMENT
The next Regular Meeting will be held on January 22, 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 January 8, 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 January 2, 2024.
I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC
City Clerk