City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, October 4, 2021 7:00 PM Closed Session begins at 5:30 p.m. Via Teleconference City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Vice-Mayor Robert S. Torres Councilmember John Nolte Councilmember Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro 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. City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency 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. Please note that if no one requests assistance by 8:00 pm, the interpreter will be dismissed. Si necesita interpretación en español, un intérprete bilingüe está disponible en las juntas regulares del Concejo Municipal y puede estar disponible en juntas especiales, si es necesario. Tenga en cuenta que si nadie solicita asistencia antes de las 8:00 pm, el intérprete será despedido. 5:30 P.M. Via Teleconference City of Pomona Page 2 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency CLOSED SESSION Via Teleconference CALL TO ORDER PUBLIC COMMENT Public Participation - In response to the global COVID-19 pandemic and in accordance with California Governor's Executive Order N-25-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time. Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. CLOSED SESSION AGENDA ITEMS A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION AND/OR EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9 (d)(2)) One (1) Case B) CONFERENCE WITH LABOR NEGOTIATORS (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 Linda Matthews 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT City of Pomona Page 3 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Presentation by Three Valleys Municipal Water District on an Update on Water Supply Conditions Presentation on the City of Pomona’s Draft 6th Cycle Housing Element MAYOR/COUNCILMEMBER COMMUNICATIONS Reports on conferences, seminars, and regional meetings attended by Mayor and City Council and announcements of upcoming events. CITY MANAGER COMMUNICATIONS Reports from the City Manager. PUBLIC PARTICIPATION Public Participation - In response to the global COVID-19 pandemic and in accordance with California Governor's Executive Order N-25-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. Staff will call on you one at a time. Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. 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: September 20, 2021 Meeting Minutes 2. Authorize the Acceptance of the State of California Office of Traffic Safety (OTS) Traffic Records Improvement Grant in the amount of $25,000 City of Pomona Page 4 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC RECORDS IMPROVEMENT GRANT IN THE AMOUNT OF $25,000 AND AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $25,000 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 by the City Attorney. 3. Authorize the Acceptance of the State of California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant in the amount of $420,000 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT IN THE AMOUNT OF $420,000 AND AMENDING THE FY 2021-22 OPERATING BUDGET TO INCREASE REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $420,000 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 . 4. Approve and Re-Establish Preferential Parking License Agreement with Western University It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A SYSTEM OF City of Pomona Page 5 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency PREFERENTIAL PERMIT PARKING ON SPECIFIED STREETS NEAR WESTERN UNIVERSITY OF HEALTH SCIENCES IN THE DOWNTOWN AREA OF THE CITY OF POMONA, PURSUANT TO VEHICLE CODE SECTION 22507 2) Authorize the City Manager or designee, to approve and execute all related agreements and documents. 5. Ratify an Action Taken by the City Manager Awarding a Contract to Better 4 You Meals, Inc. for Catered Meal Services for Elderly Nutrition Program in FY 2021-22 in an Amount Not To Exceed $150,000 with Two (2) One-Year Extension Options It is recommended that the City Council take the following actions: 1) Ratify an action taken by the City Manager, awarding a one-year contract to Better 4 You Meals, Inc. for catered meal services in FY 2021-22 in an amount not to exceed $150,000, with two (2) one-year extension options; and, 2) Authorize the City Manager or his designee to execute any amendments or extensions thereto, subject to review by the City Attorney. 6. Amend the FY 2021-22 Capital Improvement Program (CIP) Budget; and Approve an Amendment to the Agreement with Ensafe, Inc. for the Continuation of the Onsite Soil Vapor Extraction Cleanup It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $100,000 OF REFUSE FUND RESERVES TO THE “CITY LOT REMEDIATION,” PROJECT NO. 418-2590-XXXXX-71021 2) Approve an Amendment No. 6 to the agreement with EnSafe in the amount of $300,000, for a total not to exceed $4,000,515, for the continuation of the onsite soil vapor extraction cleanup and groundwater analysis; and 3) Authorize the City Manager, or designee, to execute any agreements necessary to complete the EnSafe, Inc. amendment, contingent upon City Attorney review. 7. Award of Agreement to Pacific Tire Pomona for the Purchase of Vehicle Tires and Tire Services City of Pomona Page 6 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Award a three-year agreement with two, optional, one-year extensions to Pacific Tire Pomona, Inc. for the purchase of vehicle tires and tire services; and 2) Authorize the City Manager to execute the contract on behalf of the City, and any associated amendments, subject to review by the City Attorney. 8. Adopt a Resolution Amending the FY 2021-22 Operating Budget by Appropriating $33,300 from the Phillips Ranch Assessment District (Zones A and B) Fund Reserves to Pay for County-Required Weed Abatement It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY APPROPRIATING $33,300 FROM THE PHILLIPS RANCH ASSESSMENT DISTRICT (ZONES A AND B) FUND RESERVES 9. Approval of an Easement Agreement with Walnut Valley Water District and the Spadra Basin Groundwater Sustainability Agency It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AN EASEMENT AGREEMENT WITH WALNUT VALLEY WATER DISTRICT AND THE SPADRA BASIN GROUNDWATER SUSTAINABILITY AGENCY WHICH IS NECESSARY FOR CONSTRUCTION OF A GROUNDWATER MONITORING WELL AND IMPLEMENTATION OF THE SPADRA BASIN GROUNDWATER SUSTAINABILITY PLAN 2) Authorize the City Manager, or his designee, to execute the agreement on behalf of the City. 10. Amendment of CIP Budget and Award of Contract to Stantec Consulting Services, Inc . for the “Pedley Spreading Grounds - Pond Enhancements” Project It is recommended that the City Council take the following actions: 1) Adopt the following resolution: City of Pomona Page 7 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2021-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $278,900 OF MEASURE W (SAFE CLEAN WATER PROGRAM) FUND RESERVES TO THE “PEDLEY SPREADING GROUNDS - POND ENHANCEMENTS,” PROJECT NO. 428-2590-XXXXX-81058 2) Award a design contract to Stantec Consulting Services, Inc. (Stantec) for the “Pedley Spreading Grounds - Pond Enhancements” Project No. 428-2590-XXXXX-81058 in the amount of $420,330; and 3) Authorize the City Manager, or designee, to execute the design contract on behalf of the City. 11. Amendment of the FY 2021-22 Operating Budget by Unappropriating $20,000 of General Funds from 101-2530-52285-00000 and Amending the Capital Improvement (CIP) Budget by Appropriating $20,000 of General Funds to CIP Project “Local Roadway Safety Plan (LRSP),” Project No. 428-2590-XXXXX-68570; and Award an Agreement to KOA Corporation for Preparation of the Local Roadway Safety Plan LRSP It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $20,000 OF GENERAL FUNDS FROM 101-2530-52285-00000 AND AMENDING THE CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $20,000 OF GENERAL FUNDS TO CIP PROJECT “LOCAL ROADWAY SAFETY PLAN (LRSP),” PROJECT NO. 428-2590-XXXXX-685700 2) Award a Professional Services Agreement to KOA Corporation in the amount of $106,927 for the preparation of the Local Roadway Safety Plan; and 3) Authorize the City Manager or designee, to execute the agreement and any subsequent amendments. 12. Adoption of Resolutions Approving Memorandum of Understanding Between the City of Pomona and the Pomona Police Officers’ Association, Inc. (PPOA) From July 1, 2021 through August 31, 2023 It is recommended that the City Council adopt the following resolutions: City of Pomona Page 8 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2021-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING, RATIFYING, AND ORDERING IMPLEMENTATION OF A TWENTY-SIX MONTH MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND THE POMONA POLICE OFFICERS’ ASSOCIATION, INC. FROM JULY 1, 2021 THROUGH AUGUST 31, 2023 RESOLUTION NO. 2021-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2021-22 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO REFLECT A 3% GENERAL SALARY INCREASE FOR SWORN CLASSIFICATIONS IN THE POMONA POLICE OFFICERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING DISCUSSION CALENDAR 13. Adoption of Resolution to Continue Virtual Meetings for City Council and City Board, Commissions and Committees Due to the COVID-19 Pandemic Pursuant to Assembly Bill 361 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS 14. 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. MATTERS INITIATED BY CITY COUNCILMEMBERS Items for future City Council consideration as requested by Mayor or Members of the City Council ADJOURNMENT The next Regular Meeting will be held on October 18, 2021, via teleconference. Closed Session items will be discussed at 5:30 p.m. The Open Session will commence at 7:00 p.m. City of Pomona Page 9 Printed on 9/28/2021 City Council / Housing Authority / Regular Meeting Agenda October 4, 2021 Successor Agency to the Redevelopment Agency CERTIFICATION OF POSTING AGENDA I, Rosalia A. Butler, MMC, City Clerk for the City of Pomona, hereby certify that the agenda for the October 4, 2021 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers and City Council Conference Room, and on the City’s website www.pomonaca.gov on September 28, 2021. I declare under the penalty of perjury that the foregoing is true and correct. Rosalia A. Butler, MMC City Clerk City of Pomona Page 10 Printed on 9/28/2021