City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, May 16, 2022 7:00 PM Closed Session begins at 5:30 p.m. Council Chambers 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 May 16, 2022 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. 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. 5:30 P.M. In the Closed Session Room CLOSED SESSION City of Pomona Page 2 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency Held in the City Council 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. Public comments for Closed Session may also be submitted via email to cityclerk@pomonaca .gov by 4:00 p.m. the day of the Council meeting. Comments must be limited to 200 words. Emailed comments will be read into the record by the City Clerk. CLOSED SESSION AGENDA ITEMS 1. A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)) Significant exposure to litigation Number of potential cases: One (1) B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957(b)(1)) Innovation and Technology Director C) 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. Council Chambers CALL TO ORDER City of Pomona Page 3 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL 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: To speak and to listen to everyone with respect and courtesy; To honor fairness and 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. Public comments may also be submitted via email to cityclerk@pomonaca .gov by 6:00 p.m. the day of the Council meeting. Comments must be limited to 200 words. Emailed comments will be read into the record by the City Clerk. 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 City of Pomona Page 4 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency It is recommended that the City Council approve the following City Council /Housing Authority/Successor Agency to the Redevelopment Agency Meeting Minutes: May 2, 2022 Meeting Minutes 2. Second Reading and Adoption of Ordinance Adding Large-Vehicle Parking Regulations to the Pomona City Code It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4315 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 58, ARTICLE V, OF THE POMONA CITY CODE TO ADD DIVISION 2.5 “LARGE-VEHICLE PARKING REGULATIONS” 3. Second Reading and Adoption of Ordinance Enacting a Military Equipment Use Policy as Required by Assembly Bill 481 It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 14 ("EMERGENCY MANAGEMENT AND EMERGENCY SERVICES") OF THE CITY OF POMONA CITY CODE BY ADDING DIVISION 5 ("MILITARY EQUIPMENT USE POLICY") TO ARTICLE IV ("POLICE DEPARTMENT"), GOVERNING THE USE OF MILITARY EQUIPMENT BY THE POMONA POLICE DEPARTMENT 4. Amendment to Legal Services Agreement with Best Best & Krieger, LLP for City Attorney Services It is recommended that the City Council take the following actions: 1) Approve the attached First Amendment to the Legal Services Agreement with Best Best & Krieger for City Attorney Services which establishes a set rate of $250 per hour for all services provided by City Attorney Sonia Carvalho; and 2) Authorize the Mayor to execute the First Amendment. 5. Award a Contract to Elite Customs Construction to Rehabilitate 1172 E. Pasadena Street, Pomona, CA It is recommended that the City Council take the following actions: 1) Award a contract to Elite Customs Construction for the rehabilitation of 1172 E. Pasadena Street, Pomona, CA in the amount of $562,132; and, City of Pomona Page 5 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency 2) Authorize the City Manager to execute the contract and any subsequent change orders on behalf of the City, upon City Attorney approval. 6. Appropriation of Grant Funding to “Hamilton Park Renovation” Project It is recommended that the City Council take the following actions: 1) Adopt the following Resolution: RESOLUTION NO. 2022-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY 1) UNAPPROPRIATING $650,000 OF LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT MEASURE A FUNDS FROM “MEASURE A PARK IMPROVEMENTS - CITYWIDE,” PROJECT NO. 428-2590-XXXXX-71080 AND APPROPRIATING THIS FUNDING TO “HAMILTON PARK RENOVATION,” PROJECT NO. 428-2590-XXXXX-71070, 2) ACCEPTING GRANT FUNDS, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $272,294 OF STATE OF CALIFORNIA PARKS AND WATER BOND ACT OF 2018 (PROPOSITION 68) PER CAPITA PROGRAM GRANT FUNDS TO “HAMILTON PARK RENOVATION,” PROJECT NO. 428-2590-XXXXX-71070, AND 3) APPROPRIATING $280,000 OF MEASURE W (SAFE CLEAN WATER) FUNDS TO “HAMILTON PARK RENOVATION,” PROJECT NO. 428-2590-XXXXX-71070 2) Authorize the City Manager, or his designee, to negotiate and execute all related documents and implement the funded activities. 7. Resolution Creating and Providing Funding for the New Capital Improvement Project (CIP), “Library Facility Remodel” It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM BUDGET (CIP) BY CREATING A NEW CIP PROJECT, “LIBRARY FACILITY REMODEL,” PROJECT NO. 428-2590-XXXXX-74118, AMENDING THE FY 2021-22 OPERATING BUDGET BY UNAPPROPRIATING $350,000 FROM 101-4112-52285-00000, AND AMENDING THE FY 2021-22 CIP BUDGET BY TRANSFERRING AND APPROPRIATING THIS $350,000 OF GENERAL FUNDS TO THE NEW PROJECT “LIBRARY FACILITY REMODEL,” PROJECT NO. 428-2590-XXXXX-74118 City of Pomona Page 6 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency 8. Award an Extension of the Existing Contract with Barr and Clark, Inc. for up to Six Months to continue to Provide Lead Based Paint Inspection and Risk Assessment for the City ’s Various Housing Programs It is recommended that the City Council take the following actions: 1) Approve an extension of up to six months for the existing contract with Barr and Clark, Inc; and 2) Authorize the City Manager, or designee, to execute the extension to the contract on behalf of the City, subject to review by the City Attorney. 9. Approve the Selection and Dedication of 24 Housing and Urban Development, Project-Based, Section 8 Housing Choice Vouchers to Two Projects It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNA, SITTING AS THE GOVERNING BOARD FOR THE CITY OF POMONA HOUSING AUTHORITY, APPROVING THE SELECTION AND DEDICATION OF 24 HOUSING AND URBAN DEVELOPMENT, PROJECT-BASED, SECTION 8 HOUSING CHOICE VOUCHERS WITH 8 VOUCHERS ALLOCATED TO NATIONAL CORE FOR THE PRISMA ARTIST LOFTS DEVELOPMENT AND 16 VOUCHERS ALLOCATED TO CESAR CHAVEZ FOUNDATION FOR THE EAST END VILLAGE DEVELOPMENT 2) Authorize the Executive Director of the Housing Authority or his designee to execute any and all contracts/documents required for the dedication of said project based vouchers. 10. Award of Contract to YMCA of Orange County for Aquatics Operations Services It is recommended that the City Council take the following actions: 1) Award a five-year contract agreement to the YMCA of Orange County for Aquatics Operations Services in an amount not-to-exceed $1,000,240. 2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney. City of Pomona Page 7 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency 11. Award a Three Year Contract to Carbon Activated Corporation for the Purchase of Granular Activated Carbon and Resin for Water Treatment in the Amount of $3,407,703 It is recommended that the City Council take the following actions: 1) Award a three year contract to Carbon Activated Corporation for the purchase of granular activated carbon (GAC) and resin in the total contract amount of $3,407,703; 2) Reject the bid from Calgon Carbon Corp.; and 3) Authorize the City Manager to execute a three-year agreement with Carbon Activated Corporation to supply GAC, resin, and to remove and replace the supplies filter media in a total not-to-exceed amount of $3,407,703. 12. Approve the Award of a Three-Year Contract with Two One-Year Extension Options to AdminSure for Workers’ Compensation Third Party Claims Administration Services at a Cost of $260,000 for the First Year of the Agreement It is recommended that the City Council take the following actions: 1) Approve the award of a contract to AdminSure for workers’ compensation claims administration services for an initial three-year term with two, one-year extension options in an amount not to exceed $260,000 for the first year and increasing by 3% for each successive year; and 2) Authorize the City Manager to execute the agreement documents and any necessary amendments, subject to review by the City Attorney. 13. Approve a Sole Source Agreement with Eagle Aerial Solutions for the WaterView Software It is recommended that the City Council take the following actions: 1) Approve a sole source professional services agreement to Eagle Aerial Solutions, in the total amount of $218,400 for the WaterView software; and 2) Authorize the City Manager to execute a five-year agreement with Eagle Aerial Solutions and any subsequent documents or amendments, subject to review and approval by the City Attorney. 14. Adoption of a Resolution Authorizing the Grant Application for Well 34 Wellhead Treatment It is recommended that the City Council adopt the following resolution: City of Pomona Page 8 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2022-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE GRANT APPLICATION FOR WELL 34 WELLHEAD TREATMENT 15. Adoption of a Resolution Establishing a Policy for the Outdoor Display of Flags at City Facilities It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING A POLICY FOR THE DISPLAY OF FLAGS AT CITY FACILITIES DISCUSSION CALENDAR 16. 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. 17. Adoption of a Resolution Approving the Recommendation to Name the City Council Conference Room, the Chuck Bader Conference Room It is recommended that the City Council adopt the following resolution RESOLUTION NO. 2022-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE RECOMMENDATION TO NAME THE CITY COUNCIL CONFERENCE ROOM, LOCATED SOUTH OF THE CITY COUNCIL CHAMBERS, THE CHUCK BADER CONFERENCE ROOM 18. Update of the American Rescue Plan (ARP) and Amendment of the FY 2021-22 Operating Budget It is recommended that the City Council adopt the following resolution: 1) RESOLUTION NO. 2022-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AN UDPATE TO THE CITY OF POMONA’S EXPENDITURE PLAN FOR THE CORONAVIRUS STATE City of Pomona Page 9 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency AND LOCAL FISCAL RECOVERY AMERICAN RESCUE PLAN (ARP) FUNDS ALLOCATED FROM THE UNITED STATES FEDERAL GOVERNMENT DEPARTMENT OF TREASURY AND Amending the Fiscal year (FY) 2021-2022 City Operating Budget to increase revenue estimates and appropriations in the amount of $106,000 FROM THE AMERICAN RESCUE PLAN (ARP) FUND 2) Receive and file a status update of ARP FY 2021-22 Appropriations and FY 2022-23 Proposed Budget Appropriations 3) Review and approve the Proposed ARP Agreements as listed below: i. ARP Grant Agreement Between the City of Pomona and Businesses and Non-Profits ii. ARP Grant Agreement Between the City of Pomona and Individuals iii. ARP Subrecipient Agreement 4) Award a three-year agreement to Hinderliter de Llamas Associates (HdL) ECONSolutions to develop and administer a specific business assistance program but also be available to provide additional ARPA related assistance as needed in an aggregate amount not to exceed $91,000 for three (3) years, with one (1) one-year renewal option. 5) Authorize the City Manager or designee, to execute the agreement and any subsequent amendments. PUBLIC HEARINGS 19. Approving the Draft FY 2022-2023 Annual Action Plan with Proposed Funding Recommendations It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE DRAFT FY 2022-2023 ANNUAL ACTION PLAN WITH PROPOSED FUNDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) FEDERAL ENTITLEMENT PROGRAMS 2) Approve funding awards for the Fiscal Year (FY) 2022-2023 Community Development Block Grant and Emergency Solutions Grant Programs; City of Pomona Page 10 Printed on 5/10/2022 City Council / Housing Authority / Regular Meeting Agenda May 16, 2022 Successor Agency to the Redevelopment Agency 3) Approve funding recommendations for the FY 2022-2023 Home Investment Partnerships (HOME) Program; and 4) Approve the inclusion of funding awards in the FY 2022-2023 Draft Annual Action Plan. ADJOURNMENT The next Regular Meeting will be held on June 6, 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 May 16, 2022 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 May 10, 2022. I declare under the penalty of perjury that the foregoing is true and correct. /s/ Rosalia A. Butler, MMC City Clerk City of Pomona Page 11 Printed on 5/10/2022