City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, February 27, 2023 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 John Nolte Councilmember Victor Preciado 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. City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 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 Chuck Bader Conference Room CLOSED SESSION City of Pomona Page 2 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk 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 René Anderson 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS City of Pomona Page 3 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency Certificate of Recognition to Arlene Lopez of Diamond Ranch High School Attachments: Arlene Lopez Certificate of Recognition to Amber Brenneisen from Pomona Valley Hospital Medical Center Attachments: Amber Brenneisen 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 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: City of Pomona Page 4 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency February 6, 2023 Meeting Minutes Attachments: FINAL MINUTES 2-06-2023.pdf 2. Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) Budget by Appropriating $1,100,000 of State of California General Fund Grant Funds and $36,904 of Mayoral CIP Carryover Discretionary Fund Balance; and Award of Contract to Hirsch & Associates, Inc. for Professional Design Services in an Amount Not-to-Exceed $445,700 for “Civic Center Plaza Rehabilitation,” Project No. 428-71063 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $1,100,000 OF STATE OF CALIFORNIA GENERAL FUND GRANT FUNDS TO “CIVIC CENTER PLAZA REHABILITATION,” CITY PROJECT NO. 428-2590-XXXXX-71063, AND APPROPRIATING $36,904 OF MAYORAL CIP CARRYOVER DISCRETIONARY FUND BALANCE TO “CIVIC CENTER PLAZA REHABILITATION,” CITY PROJECT NO. 428-2590-XXXXX-71063 2) Approve the award of an agreement to Hirsch & Associates, Inc. providing professional consulting services in an amount not-to-exceed $445,700 for “Civic Center Plaza Rehabilitation,” Project No. 428-71063; and 3) Authorize the City Manager to execute the agreement and any amendments /revisions to the agreement with Hirsch & Associates, Inc., subject to review by the City Attorney. Attachments: Staff Report Attachment No. 1 - Resolution 2023-38 Attachment No. 2- Site Plan 3. Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) by Appropriating $860,000 of Federal Grant Funds and $150,000 of Measure R Funds, and Award of Construction Contract to Onyx Paving, Inc. in the Amount of $1,572,000 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 City of Pomona Page 5 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING STP-L GRANT FUNDS, INCREASING REVENUE ESTIMATES, AND APPROPRIATING $860,000 OF FEDERAL STP-L GRANT FUNDS TO “STREET REHABILITATION - DISTRICTS 1 AND 6,” CITY PROJECT NO. 428-2590-XXXXX-67931, FEDERAL PROJECT NO. STPL-5070(040), AND UNAPPROPRIATING $150,000 OF MEASURE R FUNDS FROM “STREET REHABILITATION - DISTRICTS 4 AND 5,” PROJECT NO. 428-2590-XXXXX-67922 AND APPROPRIATING $150,000 OF AVAILABLE MEASURE R FUNDS TO “STREET REHABILITATION - DISTRICTS 1 AND 6,” CITY PROJECT NO. 428-2590-XXXXX-67931, FEDERAL PROJECT NO. STPL-5070(040) 2) Award a construction contract to Onyx Paving Company, Inc. for “Street Rehabilitation - Districts 1 and 6,” City Project No. 428-2590-XXXXX-67931, Federal Project No. STPL-5070(040) in the amount of $1,572,000; 3) 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 4) Authorize the City Manager, or his designee, to execute the construction contract/agreement and related documents (permits, change orders, etc.). Attachments: Staff Report Attachment No. 1 - Resolution No. 2023-09 Attachment No. 2 - Location Map 4. Resolution Awarding Permanent Local Housing Allocation Funds in the Amount of $631,000 to National Community Renaissance of California (National CORE) for the Prisma Artist Lofts Affordable Housing Project It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AWARDING PERMANENT LOCAL HOUSING ALLOCATION FUNDS IN THE AMOUNT OF $631,000 TO NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA (NATIONAL CORE) FOR THE PRISMA ARTIST LOFTS AFFORDABLE HOUSING PROJECT 2) Authorize the City Manager, or his designee, to negotiate with National CORE for the execution of an Affordable Housing Loan Agreement with the Developer City of Pomona Page 6 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency and execute all necessary documents for the award of funds. Attachments: Staff Report_Award of PLHA Fund to National Core Attach 1 - Award of PLHA Funds Reso 2023-29 5. Adopt a Resolution Amending the FY 2022-23 Capital Improvement Program (CIP) Budget by Accepting, Increasing Revenue Estimates, and Appropriating Highway Safety Improvement Program (HSIP) Grant Funds in the Amount of $244,000 to “Traffic Signal - Countdown Pedestrian Heads,” Project No. 428-2590-XXXXX-68563 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING, INCREASING REVENUE ESTIMATES, AND APPROPRIATING HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS IN THE AMOUNT OF $244,000 TO “TRAFFIC SIGNAL - COUNTDOWN PEDESTRIAN HEADS,” PROJECT NO. 428-2590-XXXXX-68563 2) Retroactively reimburse any eligible expenses incurred since the beginning of FY 2022-23 for “Traffic Signal - Countdown Pedestrian Heads,” Project No. 428- 2590-XXXXX-68563 with HSIP grant funds. Attachments: Staff Report Attachment No. 1 - Reso 2023-16 6. Approve the Exchange of $4.2 Million of Proposition A Local Return Funds from the City of Pomona for $3.15 Million of General Funds from Foothill Transit. It is recommended that the City Council take the following actions: 1) Approve a Fund Exchange Agreement between the City of Pomona and Foothill Transit exchanging $4,200,000 of the City’s Proposition A Local Return Funds for $3,150,000 of Foothill Transit’s General Funds; and 2) Authorize the City Manager to execute the agreement and amendments/revisions subject to review and approval as to form by the City Attorney. Attachments: Staff Report Attachment No. 1 - Proposition A Fund Exchange Agreement 7. Resolution to Amend the Fiscal Year 2022-23 Operating Budget by Appropriating an Additional $3,626 of Available AQMD Funds for the Purchase of the Approved Asphalt City of Pomona Page 7 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency Patch Truck from PB Loader Corporation for the Public Works Department It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-23 OPERATING BUDGET BY APPROPRIATING $3,626 FROM THE AVAILABLE AQMD FUND RESERVES TO PURCHASE ONE APPROVED ASPHALT PATCH TRUCK FROM PB LOADER CORPORATION FOR THE PUBLIC WORKS DEPARTMENT Attachments: Staff Report Attachment 1 - Resolution 8. Award of Construction Contract to AC Pros, Inc. in the Amount of $230,460 for Energy Efficiency Upgrades at Palomares Park Community Center It is recommended that the City Council take the following actions: 1) Award a construction contract to AC Pros, Inc. for energy efficiency upgrades at Palomares Park Community Center, in the amount of $230,460, as part of the “Energy Efficiency Upgrades - Pomona Public Library and Palomares Park Community Center,” Project No. 428-2590-XXXXX-71077; and 2) Authorize the City Manager, or his designee, to execute the construction contract/agreement, and related documents, subject to approval as to form by the City Attorney. Attachments: Staff Report 9. Resolution Amending the Fiscal Year 2022-23 Operating Budget by Appropriating $245,000 from Franchise Fee Funded Programs Fund Reserves to Amend the Current Agreement with R3 Consulting Group, Inc., and Approve a Sole Source Agreement with R3 Consulting Group, Inc. to Assist with Transition to Exclusive Hauler It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2023-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2022-23 OPERATING BUDGET BY APPROPRIATING $245,000 FROM THE FRANCHISE FEE FUNDED PROGRAMS FUND RESERVES; 2) Approve an amendment to the current agreement between R3 Consulting Group Inc. (R3) and the City for an additional amount not-to-exceed $50,000 to allow for the City of Pomona Page 8 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency payment of additional work associated with the procurement process of the City ’s Residential and Commercial Garbage, Recyclable Material, and Organic Waste Collection Services Request for Proposal; 3) Approve a 12-month Sole Source Agreement with R3 in an amount not-to-exceed $195,000, effective upon approval, to assist the City with activities related to the transition to the exclusive hauler; and 4) Authorize the City Manager to execute the amendment subject to review by the City Attorney. Attachments: Staff Report Attachment 1 - Resolution 10. Approve the Purchase of a CNG Combo Jetter Truck from Haaker Equipment Company, in the Amount of $754,138 It is recommended that the city council approve the following action: 1) Approve the purchase of a CNG combo jetter truck from Haaker Equipment Company, in the amount of $754,138; and 2) Authorize the City Manager to execute any agreements necessary to complete the purchase. Attachments: Staff Report - Vactor Combo Unit Purchase Attachment No. 1 DISCUSSION CALENDAR 11. 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. Attachments: FOPB Staff Report Attachment 12. Approval of Salary Increase for the City Manager and Adoption of Resolution Amending Citywide Salary Schedule City of Pomona Page 9 Printed on 2/22/2023 City Council / Housing Authority / Regular Meeting Agenda February 27, 2023 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Approve a four percent (4%) pay increase effective January 15, 2023 for City Manager James Makshanoff in accordance with his employment contract; and 2) Adopt the following resolution: RESOLUTION NO. 2023-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2022-23 TO MEET THE REQUIREMENTS OF CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO MODIFY THE SALARY OF THE CITY MANAGER Attachments: City Manager Salary Increase Staff Report Att 1 Reso Salary Schedule 2-27-2023.docx Exhibit A Salary_Schedule_2-27-23.pdf ADJOURNMENT This City Council Meeting will be adjourned in memory of Kathy Mangrich, longtime City of Pomona employee and resident. The next Regular Meeting will be held on March 6, 2023 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 February 27, 2023 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 February 22, 2023. 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 10 Printed on 2/22/2023