City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, November 15, 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 November 15, 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 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 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 Assembly Bill 361 and Resolution No. 2021-164 adopted November 1, 2021 regarding the Brown Act, 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representative: Human Resources/Risk Management Director Unrepresented employee: City Attorney, City Clerk, City Manager 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS A Presentation from the Pomona Chamber of Commerce Regarding their Programs and Activities City of Pomona Page 3 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency Proclamation Proclaiming November 7-13, 2021 as National Nurse Practitioner 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- In response to the global COVID-19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2021-164 adopted November 1, 2021 regarding the Brown Act, 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: November 1, 2021 Meeting Minutes 2. Approval of Planned Landscaping for Holt Avenue Reconstruction Projects It is recommended that the City Council approve the planned landscaping for both Holt Avenue reconstruction projects: “Holt Avenue (West) Reconstruction” Project No. 428-2590-XXXXX-71047 and “Holt Avenue (East) Reconstruction” Project No. 428-2590-XXXXX-71050 (Projects). 3. Adoption of a Resolution Awarding Permanent Local Housing Allocation Funds in the Amount of $400,000 to Cesar Chavez Foundation for the East End Village Housing City of Pomona Page 4 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency Project It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-152 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AWARDING PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS IN THE AMOUNT OF $400,000 TO CESAR CHAVEZ FOUNDATION FOR THE EAST END VILLAGE HOUSING PROJECT 2) Authorize the City Manager, or his designee, to negotiate with Cesar Chavez Foundation for the execution of an Owner Participation Agreement with the Developer and execute all necessary documents for the award of funds. 4. Adopt a Resolution Amending the Environmental Purchasing Policy and Updating the Purchasing Manual It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-163 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE ENVIRONMENTAL PURCHASING POLICY AND UPDATING THE PURCHASING MANUAL 5. Extension of City’s Non-Exclusive Commercial Solid Waste Franchise Agreements and Agreement for Recycle Bin and Roll-Off Services for City Facilities, and Incorporation of Relevant SB 1383 Compliance Provisions It is recommended that the City Council take the following actions: 1) Approve an extension to the current agreement with Arakelian Enterprises, Inc ., dba Athens Services, from January 1, 2022 through December 31, 2022, and incorporate relevant provisions related to Senate Bill 1383 (SB 1383) compliance for trash and recycle bin and roll-off services for City facilities; 2) Approve an extension to the current commercial non-exclusive franchise agreement with Arakelian Enterprises, Inc., dba Athens Services, from January 1, 2022 through December 31, 2022, and incorporate relevant provisions related to SB 1383 compliance; 3) Approve an extension to the current commercial non-exclusive franchise agreement with Burrtec Waste Industries, Inc., from January 1, 2022 through December 31, 2022, and incorporate relevant provisions related to SB 1383 compliance; City of Pomona Page 5 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency 4) Approve an extension to the current commercial non-exclusive franchise agreement with Zerep Management Corporation, dba Valley Vista Services, Inc., from January 1, 2022 through December 31, 2022, and incorporate relevant provisions related to SB 1383 compliance; 5) Approve an extension to the current commercial non-exclusive franchise agreement with USA Waste of California, Inc., dba Waste Management, from January 1, 2022 through December 31, 2022, and incorporate relevant provisions related to SB 1383 compliance; and 6) Authorize the City Manager to execute the extensions to the contracts on behalf of the City, subject to review by the City Attorney. 6. Approve Payment to Carbon Activated Corporation It is recommended that the City Council take the following actions: 1) Ratify the expenses for an emergency purchase as per Pomona City Code (P.C.C.) section 2-998 for the purchase of Granular Activated Carbon (GAC) and services; and 2) Approve the payment to Carbon Activated Corporation in the amount of $185,004. 7. Approval of an Agreement with the Pomona Unified School District (PUSD) for a Pomona Resource Officer (PRO) Program It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AN AGREEMENT WITH THE POMONA UNIFIED SCHOOL DISTRICT (PUSD) FOR A POMONA RESOURCE OFFICER (PRO) PROGRAM FROM NOVEMBER 1, 2021 THROUGH JUNE 30, 2023, AND AMENDING THE FY 2021-22 OPERATIONAL BUDGET BY INCREASING REVENUE ESTIMATES BY $194,438 AND APPROPRIATIONS BY $259,251 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. 8. Approve Purchase of Three Replacement Trucks from National Auto Fleet Group City of Pomona Page 6 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Approve the purchase of three replacement trucks from National Auto Fleet Group in the total amount of $250,899, utilizing Sourcewell Contract 060920-NAF and 120716-NAF; and 2) Authorize the City Manager or designee to approve purchase orders on behalf of the City. 9. Amend the Award of Purchase to CentralSquare Technologies, LLC. to Include Sales Tax It is recommended that the City Council take the following actions: 1) Amend the award of purchase to CentralSquare Technologies, LLC (CentralSquare), to add sales tax, increasing the total amount from $1,102,256 to $1,215,240. 2) Authorize the City Manager, or designee, to execute any and all agreements and any subsequent amendments. 10. Adoption of Resolutions Amending the Memorandum of Understanding for the Part -Time General Unit Represented by Teamsters Local 1932 and the Compensation Plan for Part-Time Management/Confidential Employees to Provide a One-Time Payment It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2021-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE 2021-2023 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF POMONA AND the POMONA PART-TIME GENERAL UNIT TEAMSTERS LOCAL 1932 TO PROVIDE FOR A ONE-TIME PAYMENT IN DECEMBER 2021 RESOLUTION NO. 2021-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE PART-TIME MANAGEMENT/ CONFIDENTIAL COMPENSATION PLAN TO PROVIDE FOR A ONE-TIME PAYMENT IN DECEMBER 2021 11. Adoption of a Resolution for the Submission and Acceptance of a Grant with the Department of Water Resources for Well 34 Wellhead Treatment It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-176 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION FOR THE WELL 34 WELLHEAD TREATMENT City of Pomona Page 7 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency 12. 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. 2021-177 - 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 13. Approve the Addition of Two Firms and Deletion of One Firm to the Special Legal Counsel Panel It is recommended that the City Council take the following actions: 1) Approve the addition of Talley & Talley Law, APC as legal counsel for the City of Pomona Police Oversight Commission and Hanson Bridgett LLC as an employment investigator to the Special Legal Counsel Panel; and 2) Approve the deletion of workers’ compensation litigation attorneys Bradford and Barthel from the Special Legal Counsel Panel; and 3) Authorize the City Manager to execute retainer agreements with the requested firms. DISCUSSION CALENDAR 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. 15. Receive and file the Fiscal Year 2020-21 Unaudited Year-End Overview, Review the Fiscal Year 2021-22 General Fund 1st Quarter Budget Review, and Adopt a Resolution Amending the Fiscal Year 2021-22 Operating Budget, Amend the City’s Authorized Staffing, and Amend the ARP Spending Plan It is recommended that the City Council take the following actions and adopt the following resolutions: City of Pomona Page 8 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency 1) Receive and file the Fiscal Year (FY) 2020-2021 Unaudited Year-End Overview; 2) Review the FY 2021-22 General Fund 1st Quarter Budget Report; 3) RESOLUTION NO. 2021-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATIONAL BUDGET BY INCREASING REVENUE ESTIMATES BY $7,694,019 AND APPROPRIATIONS BY $8,804,816, AMEND THE CITY’S AUTHORIZED STAFFING, AND AMEND THE AMERICAN RESCUE PLAN (ARP) SPENDING PLAN 4) RESOLUTION NO. 2021-169 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX A OF THE COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY INCREASING THE SALARY SCALE FOR NEIGHBORHOOD SERVICES DIRECTOR 5) RESOLUTION 2021-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES’ ASSOCIATION BY DELETING THE CLASSIFICATION OF POLICE DISPATCH AND JAIL SERVICES MANAGER AND ADDING THE CLASSIFICATIONS OF POLICE DISPATCH MANAGER AND JAIL MANAGER 6) RESOLUTION NO. 2021-171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA CITY EMPLOYEES’ CHAPTER OF THE TEAMSTERS LOCAL 1932 BY ADDING THE CLASSIFICATIONS OF CRIME ANALYST 7) RESOLUTION NO. 2021-172 - 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 NEW SALARY RATES APPROVED AS A RESULT OF 2021 LABOR NEGOTIATIONS 16. Approval of Issuance of Revenue Bonds by the CSCDA Authority; and Approval of a Public Benefit Agreement for the Acquisition of Property by the Authority for Conversion to Low- and Moderate-Income Housing City of Pomona Page 9 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following action: 1) Adopt the following resolution: RESOLUTION NO. 2021-156 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF REVENUE BONDS BY THE CSCDA COMMUNITY IMPROVEMENT AUTHORITY FOR THE ACQUISITION OF 180 EAST MONTEREY AVENUE, POMONA, KNOWN AS MONTEREY STATION APARTMENTS, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PUBLIC BENEFIT AGREEMENT 2) Approve the terms of a Public Benefit Agreement with the CSCDA Authority, for the acquisition of an existing apartment project located at 180 East Monterey Avenue, Pomona (Monterey Station), California (349 units); 3) Authorize the City Manager to approve minor, non-material modifications to the Public Benefit Agreement that are consistent with the purpose and intent of the CSCDA Authority’s Low-and Moderate-Income/Workforce Housing Rental Program; and 4) Authorize the City Manager to execute the Public Benefit Agreement and related documents and take any actions that may be required to implement the CSCDA Authority’s low- and moderate-income rental housing program. 17. Follow-Up Questions and Answers from November 1, 2021 City Council Meeting Regarding Item 13 “Development of a Request for Proposal for Residential and Commercial Solid Waste, Recyclable Materials, and Organic Waste Collection” It is recommended that the City Council take the following actions: 1) Receive and file the follow-up questions and answers from the November 1, 2021 City Council meeting regarding Item 13 “Development of a Request for Proposal for Residential and Commercial Solid Waste, Recyclable Materials, and Organic Waste Collection.” 2) After reviewing the follow-up questions and answers from the November 1,2021 City Council meeting, provide a second vote to approve (reaffirm) the Request for Proposal (“RFP”) process for a franchise agreement for exclusive collection, processing, recycling, and disposal of residential and commercial garbage, recyclable material, and organic waste collection services. 18. Discussion Regarding County of Los Angeles Draft Redistricting Maps It is recommended that the City Council take the following actions: City of Pomona Page 10 Printed on 11/9/2021 City Council / Housing Authority / Regular Meeting Agenda November 15, 2021 Successor Agency to the Redevelopment Agency 1) Discuss the County of Los Angeles Redistricting process and associated draft maps being considered by the Citizens Redistricting Commission; and 2) If the Council has consensus to articulate City of Pomona concerns to the Citizens Redistricting Commission, direct staff to prepare a letter for the Mayor ’s signature to express the City’s position regarding the proposed maps. ADJOURNMENT The next Regular Meeting will be held on December 6, 2021 via teleconference. 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 November 15, 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 November 9, 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 11 Printed on 11/9/2021