Pomona — 2023-12-04

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Pursuant to Government Code Section 54956.9(a) and (d)(1))\nCitizens for Amending Prop L, et al. v. City of Pomona, et al.\nLos Angeles County Superior Court\nCase No. 19STCP00482\nB) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION-INITIATION\nOF LITIGATION\n(Pursuant to Government Code Section 54956.9(d)(4))\nIn re Aqueous Film Forming Foams Products Liability Litigation, MDL No.\n2:18-mn-2873-RMG\nC) 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: Anita Gutierrez and René Anderson

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:\nNovember 6, 2023 Meeting Minutes

10. Amendment to Purchase Order with Architerra Design Group for the Hamilton Park\nRenovation Project\nIt is recommended that the City Council take the following actions:\n1) Approve Amendment No. 6 to Purchase Order No. 202304 with Architerra Design\nGroup in the amount of $1,963, for a new total contract amount of $146,663, for professional\ndesign services for “Hamilton Park Renovation,” Project No. 428-2590-XXXXX-71070;\nand\n2) Authorize the City Manager, or designee, to execute any documents necessary to\nexecute Amendment No. 6, subject to City Attorney approval.

11. 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.

12.4.23 Attachments_Redacted.pdf\n12. City Council Consideration of a Moratorium on the Establishment, Expansion, or\nModification of Certain Logistics Facilities and Related Uses that are Located within the\nIt is recommended that the City Council introduce, waive further and give reading to the\nfollowing urgency ordinance:\nURGENCY ORDINANCE NO. 4339 - AN URGENCY ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH\nGOVERNMENT CODE SECTION 65858, ESTABLISHING A TEMPORARY 45-DAY\nMORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF\nCERTAIN LOGISTICS FACILITIES AND RELATED USES THAT ARE LOCATED\nWITHIN THE CITY OF POMONA

13. Adoption of an Urgency Ordinance Amending the City of Pomona Zoning Ordinance\nPertaining to Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations\nand Determining the Ordinance to be Exempt from CEQA\nIt is recommended that the City Council introduce, waive further, give reading to, and\nadopt the following urgency ordinance:\nURGENCY ORDINANCE NO. 4340 - AN URGENCY ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION .5809-26\nOF THE CITY OF POMONA ZONING ORDINANCE PERTAINING TO ACCESSORY\nDWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT REGULATIONS AND\nDETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

14. City Council Direction - Ballot Argument Concerning an Initiative Measure to Reduce\nTransactions and Use Tax Rate from 0.75% to 0.50% and to Extend the Term of the Tax\nby Repealing its March 31, 2029 Sunset\nIt is recommended that the City Council consider the information provided herein and\nprovide staff direction.

15. Determine the Terms of Two (2) of the Police Oversight Commissioners to be Two (2)\nYear Terms Pursuant to Ordinance No. 4333\nIt is recommended that the City Council determine the terms of two (2) of the new\ncommissioners of the Police Oversight Commission to be two (2) year terms pursuant to\nSection 2-654 of Ordinance No. 4333.

16. Appeal of Planning Commission Decision Regarding Conditional Use Permit No.\n18542-2022 for the Development of a Drive-Through Configuration of a Restaurant and\nDevelopment Plan Review No. 18543-2022 for the Remodel of the Existing Building into\nan Eating and Drinking Establishment on a Property Located at 110 E. Foothill Boulevard\nwithin the Neighborhood Center Segment of the Pomona Corridors Specific Plan (PCSP)\nIt is recommended that the City Council adopt the following resolutions:\nRESOLUTION NO. 2023-233 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT\n(CUP-018542-2022) FOR THE CREATION OF A DRIVE-THROUGH CONFIGURATION\nFOR A RESTAURANT ON A PROPERTY LOCATED AT 110 E. FOOTHILL\nBOULEVARD (APN: 8367-001-062) IN THE NEIGHBORHOOD CENTER SEGMENT OF\nTHE POMONA CORRIDORS SPECIFIC PLAN AND ACTIVITY CENTER AND URBAN\nNEIGHBORHOOD PLACE TYPES WITH T4-A AND T5 TRANSECTS\nRESOLUTION NO. 2023-234 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, APPROVING A DEVELOPMENT PLAN REVIEW\n(DPR-018543-2022) FOR THE REMODEL AND CONVERSION OF AN EXISTING 4,400\nSQUARE-FOOT OFFICE BUILDING INTO AN EATING AND DRINKING\nESTABLISHMENT, INCLUDING A 141 SQUARE FOOT ADDITION, ON A PROPERTY\nLOCATED AT 110 E. FOOTHILL BOULEVARD (APN: 8367-001-062) IN THE\nNEIGHBORHOOD CENTER SEGMENT OF THE POMONA CORRIDORS SPECIFIC\nPLAN AND ACTIVITY CENTER AND URBAN NEIGHBORHOOD PLACE TYPES WITH\nT4-A AND T5 TRANSECTS

17. Public Hearing to Adopt a Resolution Establishing a Pre-Arrest Youth Diversion Policy\nIt is recommended that the City Council take the following actions:\n1) Conduct a Public Hearing regarding the adoption of a resolution establishing a\npre-arrest youth diversion policy, and\n2) After receiving public comment and testimony, close the Public Hearing and adopt the\nfollowing resolution:\nRESOLUTION NO. 2023-237 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, IMPLEMENTING SECTION 2-1202 OF THE CITY\nOF POMONA MUNICIPAL CODE AND ESTABLISHING A PRE-ARREST YOUTH\nDIVERSION POLICY TO OFFER POMONA YOUTH A SECOND CHANCE

2. Award a Sole Source Agreement to Advanced Utility Systems for Upgrade and\nMaintenance of the Utility Customer Information System Software\nIt is recommended that the City Council take the following actions:\n1) Award a sole source agreement to Advanced Utility Systems (Advanced) for upgrade\nand maintenance of the City’s utility Customer Information System (CIS), in a\nnot-to-exceed amount of $467,825 of which $64,260 is for annual maintenance fees\nfor four contract years; and,\n2) Authorize the City Manager, or designee, to execute the agreements on behalf of the\nCity and any subsequent documents or amendments, subject to approval as to form\nby the City Attorney.

3. Award of Contract to Parkwood Landscape Maintenance, Inc. for Citywide Weed\nAbatement and Minor Insect and Pest Control Services\nIt is recommended that the City Council take the following actions:\n1) Award a three-year contract with two (2) optional one-year extensions to Parkwood\nLandscape Maintenance, Inc. for Citywide weed abatement services, and minor insect\nand pest control services effective December 5, 2023 through December 4, 2026, in\nan amount not-to-exceed $273,000; and\n2) Authorize the City Manager, or designee, to execute the agreement and any related\ndocuments, amendments, and extensions, subject to approval by the City Attorney.

4. Approval of Agreement with Just Us 4 Youth (JU4Y) for Services Relating to the\nImplementation of the California Violence Intervention and Prevention Grant (CalVIP)\nIt is recommended that the City Council take the following actions:\n1) Approve a twenty-month agreement with Just Us 4 Youth (JU4Y) in the amount not to\nexceed $200,000 for their role in supporting the Office of Violence Prevention (OVP)\nas it carries out the City of Pomona’s California Violence Intervention and Prevention\n(CalVIP) Grant implementation of the CalVIP Grant; and,\n2) Authorize the City Manager, or designee, to execute the agreement and any\nextensions, subsequent changes or amendments thereto, on behalf of the City, subject\nto review and approval as to form by the City Attorney.

5. Award of Professional Consultant Services Agreement to RKA Consulting Group for\n“Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No.\n428-2590-XXXXX-68573\nIt is recommended that the City Council take the following actions:\n1) Award a Professional Consultant Services Agreement to RKA Consulting Group for\nDesign and Construction Management Services in the amount of $1,747,230 for\n“Garey Avenue Rehabilitation - Aliso Street to Monterey Avenue,” Project No.\n428-2590-XXXXX-68573, and\n2) Authorize the City Manager, or designee, to execute the Agreement on behalf of the\nCity and any subsequent documents or amendments, subject to approval by the City\nAttorney.

6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by\nCreating a New Project, “Palomares Park - Lawn Bowling Shade Structure Replacement”\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-232 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, TO AMEND THE 2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE ESTIMATES\nFOR LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT\nMEASURE A FUNDING BY $543,684 AND CREATING A NEW PROJECT,\n“PALOMARES PARK - LAWN BOWLING SHADE STRUCTURE REPLACEMENT,”\nPROJECT NO. 428-2590-XXXXX-71097; APPROPRIATING $43,000 OF LOS\nANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT MEASURE A\nFUNDING ANNUAL ALLOCATIONS TO THE NEW PROJECT, AND APPROPRIATING\nAN ADDITIONAL $500,684 OF MEASURE A ANNUAL ALLOCATIONS TO “MEASURE\nA PARK IMPROVEMENTS - CITYWIDE,” PROJECT NO. 428-2590-XXXXX-71080

7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by\nUnappropriating Funds from Various Projects, and Appropriating These Funds and ATP\nCycle 4 Grant Funds to “Pomona Multi-Neighborhood Pedestrian and Bicycle\nImprovements,” Project No. 428-2590-XXXXX-67930; and Awarding a Construction\nContract to Gentry Brothers, Inc.\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-231 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL\nIMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING FUNDS\nFROM VARIOUS PROJECTS AS INDICATED IN ATTACHMENT NO. 1 - EXHIBIT 1\nTO RESOLUTION AND APPROPRIATING THESE FUNDS TO “POMONA\nMULTI-NEIGHBORHOOD PEDESTRIAN AND BICYCLE IMPROVEMENTS,”\nPROJECT NO. 428-2590-XXXXX-67930; AND BY ACCEPTING, INCREASING\nREVENUE ESTIMATES, AND APPROPRIATING $8,534,000 OF ATP CYCLE 4\nGRANT FUNDS TO “POMONA MULTI-NEIGHBORHOOD PEDESTRIAN AND\nBICYCLE IMPROVEMENTS,” PROJECT NO. 428-2590-XXXXX-67930\n2) Award a Construction Contract to Gentry Brothers, Inc. in the amount of $15,022,039\nto include Base Bid plus Additive Alternates one (1) through five (5) for “Pomona\nMulti-Neighborhood Pedestrian and Bicycle Improvements,” Project No.\n428-2590-XXXXX-67930;\n3) Authorize the City Manager, or his designee, to execute the construction contract, and\nall related documents (ATP Cycle 4 Grant documents, permits, etc.);\n4) Find that the project referenced above is categorically exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to Section 15301(c) and that the\nproposed project will not have a significant effect on the environment; and\n5) Approve including Saturdays in the “Allowed Working Days” for the Contractor to\nperform construction improvements, as necessary.

8. Approval of Amendment to the City’s Special Legal Counsel Panel\nIt is recommended that the City Council take the following actions:\n1) Approve hourly rate increase for the Law Offices of Richard Powell to $200 per hour;\nand\n2) Authorize the City Manager to execute an updated retainer agreement with the\nrequested firm.

9. Award a Contract to RADAR Inc. for Architectural Services for the Preparation of Plans\nand Specifications for the Rehabilitation of 252 E. 4th Street, Pomona, CA\nIt is recommended that the City Council, sitting as the Governing Board of the City of\nPomona Housing Authority take the following actions:\n1) Approve an award of contract to RADAR Inc. for the preparation of plans and\nspecification for the rehabilitation of 252 E. 4th Street, Pomona in the amount of\n$350,725; and\n2) Authorize the Executive Director of the Housing Authority or designee, to execute the\ncontract on behalf of the Housing Authority, subject to review by the City Attorney.

PRESENTATIONS\n*Pomona City Hall - Annual Tree Lighting Ceremony\n*Recognition of Benita DeFrank from the San Gabriel Valley Regional Housing Trust\n*Presentation of the Pomona Goddess to Neighborhood Services Department Director\nBenita DeFrank