City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, October 2, 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 October 2, 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 Held in the Chuck Bader Conference Room adjacent to the Council Chambers on the south side of the building. City of Pomona Page 2 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency 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) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Unrepresented Employee: City Manager 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: Mark Gluba and René Anderson 7:00 P.M. Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS A Proclamation Recognizing September 15 - October 15, 2023 as National Hispanic City of Pomona Page 3 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency Heritage Month in the City of Pomona 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. Additionally, this is the time for Mayor and City Council to disclose on the record any contributions per Charter Section 1403. This section states “Prior to casting a vote on any contract, permit, or other matter requiring City Council approval where the applicant seeking approval is a person or business entity controlled by that person that has contributed more than five hundred dollars ($500) within the previous twelve (12) months to a Councilmember’s City election campaign committee, the Mayor or Councilmember receiving such contribution (s) shall disclose on the public record the receipt of said contribution(s). 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: August 14, 2023 Special Meeting Minutes City of Pomona Page 4 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency September 11, 2023 Meeting Minutes September 18, 2023 Meeting Minutes 2. Adopt a Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Appropriating $250,000 of General Fund Reserves to “Traffic Signal Modification Project - Towne Avenue and Bonita Avenue,” Project No. 428-2590-XXXXX-68580 and Award a Construction Contract in the Amount of $616,832 to California Professional Engineering, Inc. It is recommended that the City Council take the following actions: 1) Adopt of the following resolution: RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $250,000 OF GENERAL FUND RESERVES TO “TRAFFIC SIGNAL MODIFICATION PROJECT - TOWNE AVENUE AND BONITA AVENUE,” PROJECT NO. 428-2590-XXXXX-68580 2) Award a construction contract to California Professional Engineering, Inc. for “Traffic Signal Modification Project - Towne Avenue and Bonita Avenue,” Project No. 428-2590-XXXXX-68580, in the amount of $616,832; 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 to execute the construction contract and any subsequent change orders on behalf of the City. 3. Approve the Purchase of Five (5) Ford Maverick Trucks for Parking Enforcement It is recommended that the City Council approve the purchase of five (5) replacement Parking Enforcement vehicles from National Auto Fleet Group, utilizing Sourcewell Contract #091521-NAF for a total amount of $206,861. 4. Award of Contract to Brightview Landscape Services, Inc. for Fuel Modification, Open Space, Turf Ground Cover, and Other Decorative Landscape Maintenance in the Phillips Ranch Assessment District It is recommended that the City Council take the following actions: 1) Award a three-year contract, beginning November 1, 2023 through October 31, 2026, with the option to extend for up to two (2) one-year extensions, to Brightview Landscape Services, Inc. in an annual amount of $406,882 for fuel modification at Frequency Level A, and turf ground cover and other decorative City of Pomona Page 5 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency landscape maintenance services at Frequency Level C, in the Phillips Ranch Assessment District; and 2) Authorize the City Manager to execute the contract and all necessary documents / amendments, subject to approval by the City Attorney. 5. Award of Construction Contract to FS Contractors, Inc. in the Amount of $892,455 for “ADA Curb Ramps and Path of Travel - Citywide (CDBG) (FY 21-22),” City Project No. 428-2590-XXXXX-67934, Federal Project No. CRRSAAFL-5070(043) It is recommended that the City Council take the following actions: 1) Award a construction contract to FS Contractors, Inc. for “ADA Curb Ramps and Path of Travel - (CDBG) Citywide (FY21-22),” City Project No.428-2590 -XXXXX-67934, Federal Project No. CRRSAAFL-5070(043) to include all Base Bids (A, B, &C) in the amount of $892,455; 2) 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 3) Authorize the City Manager, or his designee, to execute the construction contract/agreement and related documents (permits, etc.). 6. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by Appropriating $37,138 of District 1 CIP Carryover Discretionary Funds to “Hamilton Park Renovation,” Project No. 428-2590-XXXXX-71070 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2023-166 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $37,138 OF DISTRICT 1 CIP CARRYOVER DISCRETIONARY FUNDS TO “HAMILTON PARK RENOVATION,” PROJECT NO. 428-2590-XXXXX-71070 7. Award of Bid to All American Asphalt for the Purchase of Asphalt Concrete Materials at the Prices Bid It is recommended that the City Council approve the following actions: 1) Award a bid to All American Asphalt for a three-year term, for the purchase of asphalt concrete material at the per unit prices bid; and, 2) Authorize the City Manager, or designee, to execute subsequent changes or amendments thereto, on behalf of the City. City of Pomona Page 6 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency 8. Award a Sole Source Three Year contract to Hadronex, DBA SmartCover Systems for the purchase of 25 SmartCover SubSonic Sewer Manhole Monitoring Systems in the amount of $271,135 It is recommended that the City Council take the following actions: 1) Award a sole source three year contract to Hadronex, DBA SmartCover Systems for the purchase of 25 SmartCover SubSonic sewer manhole level sensors, with a three-year warranty in the total contract amount of $271,135; and 2) Authorize the City Manager, or designee, to execute a three-year agreement with SmartCover and any subsequent changes or amendments thereto, on behalf of the City. 9. Notice and Call of Primary Municipal Election on March 5, 2024 to be Consolidated with the Los Angeles County Statewide Primary Election for the Election of the Mayor and Three (3) Members of the City Council for Districts 1, 4, and 6 It is recommended that the City Council adopt the following resolutions in order to conduct a Primary Municipal Election on March 5, 2024: RESOLUTION NO. 2023-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CALLING FOR THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, FOR THE ELECTION OF THE MAYOR AND THREE MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES RESOLUTION NO. 2023-173 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A PRIMARY MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2024, WITH THE PRESIDENTIAL (STATEWIDE) PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2023-174 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 10. Ratify an Action Taken by City Manager Awarding an Agreement for Entertainment and Performance Services to AKA Productions Producer for Services of Los Tigres Del Norte in the Amount of $175,000 It is recommended that the City Council take the following action: City of Pomona Page 7 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency 1) Ratify an action taken by the City Manager, awarding an agreement for entertainment and performance services to AKA Productions Producer for Services of (F/S/O) Los Tigres del Norte in the amount of $175,000; and, 2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to review by the City Attorney. 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. 12. Impact Analysis Report on the Possible Effects of the Proposed Initiative Petition to Reduce the Transactions & Use Tax Rate from 0.75% to 0.50% and to Extend the Term of the Tax by Repealing its March 31, 2029 Sunset It is recommended that the City Council: 1) Receive and file the Impact Analysis Report on the possible effects of the proposed initiative petition to reduce the Transactions & Use Tax (TUT) rate from 0.75% to 0.50% and to extend the term of the TUT by repealing its March 31, 2029 sunset; 2) Based upon the Impact Analysis Report, take one of the actions identified below: a. Submit the initiative measure to the voters at the “next regular municipal election” occurring at least 88 days later; or b. Submit the initiative measure to the voters at a special municipal election occurring on a Tuesday that is not on, before or after a State holiday, that is between 88 and 103 days after the City Council calls the election. 3) Direct City Staff to prepare a competing measure that would be brought forward for consideration on the October 16, 2023 City Council Agenda. 13. Adoption of Resolutions Amending the Citywide Salary Schedule to Reflect a 2.5% Salary Increase for Sworn Classifications and Amending the FY 2023-24 Budget by Appropriating $510,653 from General Fund Reserves to Fund the Salary Increases City of Pomona Page 8 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2023-168 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADJUSTING SALARIES, PURSUANT TO THE PROVISIONS OF THE 2021-2023 POMONA POLICE OFFICERS’ ASSOCIATION (PPOA) MEMORANDUM OF UNDERSTANDING RESOLUTION NO 2023-169 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADJUSTING SALARIES PURSUANT TO THE PROVISIONS OF THE 2021-2023 POLICE MANAGERS’ ASSOCIATION MEMORANDUM OF UNDERSTANDING RESOLUTION NO 2023-170 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE COMPENSATION PLAN FOR EXECUTIVE MANAGEMENT GROUP A AND B EMPLOYEES BY ADJUSTING SALARIES FOR THE POLICE CHIEF AND DEPUTY POLICE CHIEF RESOLUTION NO. 2023-171 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE CITY OF POMONA’S SALARY SCHEDULE FOR FISCAL YEAR 2023-24 TO MEET THE CALIFORNIA CODE OF REGULATIONS TITLE 2, SECTIONS 570.5 AND 571 TO IMPLEMENT A TWO AND ONE-HALF PERCENT (2.5%) SALARY INCREASE TO SWORN CLASSIFICATIONS RESOLUTION NO. 2023-172 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 OPERATING BUDGET BY APPROPRATING $510,653 FROM GENERAL FUND RESERVES TO IMPLEMENT A TWO AND ONE HALF PERCENT (2.5%) SALARY INCREASE FOR SWORN CLASSIFICATIONS ADJOURNMENT The next Regular Meeting will be held on October 16, 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 October 2, 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 September 27, 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 9 Printed on 9/27/2023 City Council / Housing Authority / Regular Meeting Agenda October 2, 2023 Successor Agency to the Redevelopment Agency City of Pomona Page 10 Printed on 9/27/2023