Pomona — 2023-08-07

CLOSED SESSION AGENDA ITEMS\nA) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\n(Pursuant to Government Code Section 54956.9 (a) and (d)(1))\nU.S.D.C. No. 2:11-cv-00167-RGK-JEM\nB) CONFERENCE WITH LABOR NEGOTIATORS\n(Pursuant to Government Code Section 54957.6)\nPart Time Unrepresented Employees\nPart Time General Employees Unit\nUnrepresented Group A and B Employees\nUnrepresented Mid-Management Group C-2 Employees\nPomona City Employees’ Association, a Chapter of Teamsters Local 1932\nPomona Mid-Management Confidential Employees Association (PMMCEA)\nPomona Police Officers Association (PPOA)\nPomona Police Managers Association (PPMA)\nLabor Negotiators: James Makshanoff and René Anderson\n7:00 P.M.\nPomona Unified School District Ed Center Board Room\nCALL TO ORDER

10. Approve a Memorandum of Agreement with the San Gabriel Valley Council of\nGovernments for Participation in the Regional Edible Food Recovery Program for\nCompliance with SB 1383 Regulations\nIt is recommended that the City Council take the following actions:\n1) Approve the Memorandum of Agreement with the San Gabriel Valley Council of\nGovernments to provide inspection and compliance review of Tier 1 and Tier 2 edible\nfood generators and documentation of contracts with food recovery organizations and\nto provide funding for necessary staffing and equipment to increase the capacity of\nedible food recovery in our region in an amount not to exceed $110,579 through\nAugust 1, 2024; and\n2) Authorize the City Manager to execute the agreement and future amendments subject\nto review by the City Attorney.\nAttachments: Staff Report\nAttachment 1 - MOA

11. Approval to Execute Agreements Related to Pomona Choice Energy Solar and Battery\nResidential Program\nIt is recommended that the City Council take the following actions:\n1) Approve an agreement with Participate Energy for the Pomona Choice Energy Solar\nand Battery Residential Program; and\n2) Authorize the City Manager, or his designees, to execute all contracts and make any\nnon-substantive changes, related to the Pomona Power Choice Solar and Battery\nResidential Program, pending City Attorney review.\nAttachments: SR - Pomona Power Choice Program Agreements (2)\nAttach 1 - Framework Program Agrmt.pdf\nAttach 2 - Master PPA.pdf\nAttach 3 - Program Management Agreement.pdf\nAttach 4 - Program Support Service Agreement.pdf\nAttach 5 - 2023 PCP Presentation.pdf

12. Award of Contract to Craftwater Engineering, Inc., for the “Fairplex Stormwater Capture”\nProject\nIt is recommended that the City Council take the following actions:\n1) Award a design contract to Craftwater Engineering, Inc. (Craftwater) for the “Fairplex\nStormwater Capture” Project No. 428-2590-XXXXX-81060 in the amount of\n$1,914,398; and\n2) Authorize the City Manager, or designee, to execute the design contract with\nCraftwater on behalf of the City and any subsequent documents or amendments,\nsubject to approval as to form by the City Attorney.\nAttachments: SR - Award a Contract to Craft Water for Fairplex\nAttachment No. 1 Professional Services Agreement

13. Approval of Amendments to the City’s Special Legal Counsel Panel\nIt is recommended that the City Council take the following actions:\n1) Approve the addition of Hanna Brophy as Workers’ Compensation and Industrial\nDisability Retirement defense counsel;\n2) Approve the deletion of premises liability and dangerous condition of public property\nAttorney Robert Gokoo from the Special Legal Counsel Panel;\n3) Approve hourly rate increases for Carpenter, Rothans and Dumont, and McCune and\nHarber to $250 per hour, and Liebert Cassidy Whitmore to $425 per hour; and\n4) Authorize the City Manager to execute retainer agreements with the requested firms.\nAttachments: Staff Report Legal Panel Update 2023-08-07\nAttachment No. 1 - Updated Special Legal Counsel Panel.pdf

14. Award of Contract to Tripepi Smith and Associates for Social Media Consultant Services\nfor the City of Pomona\nIt is recommended that the City Council take the following actions:\n1) Award the Communications and Social Media Consultant to Tripepi Smith and\nAssociates for a term of three-years and two one-year renewal options for a total not\nto exceed $272,967; and\n2) Authorize the City Manager, or designee, to execute the agreement and any\namendments, upon approval of the City Attorney as to form.\nAttachments: 8-7-23 Award of Bid for Social Media Services - Final\nDISCUSSION CALENDAR

15. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and\nRecap of Expended Funds\nIt is recommended that the City Council take the following actions:\n1) Approve the expenditure(s) recommended and make the finding that the community at\nlarge will receive a public benefit from the expenditure of funds for the recommended\nitem(s); and\n2) Receive and file the recap of final amounts.\nAttachments: FOPB Staff Report\nAttachment

16. Discussion Regarding the Gazebo at Montvue Park\nIt is recommended that the City Council discuss options regarding the disposition of the\nexisting gazebo at Montvue Park and take one of the following actions:\n1) Uphold the unanimous recommendation of the Parks and Recreation Commission to\ndemolish the existing gazebo at Montvue Park and repair the walkway, as needed; or\n2) Direct Staff to repair the existing gazebo at Montvue Park; or\n3) Direct Staff to demolish the existing gazebo and construct a new gazebo at a more\nvisible location in Montvue Park.\nAttachments: Staff Report

17. Introduction of Ordinance Establishing Youth Diversion Programs and Policies\nIt is recommended that the City Council introduce, waive further, and give first reading to\nthe following ordinance:\nORDINANCE NO. 4336 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPOMONA, CALIFORNIA, ADDING A NEW DIVISION I (“PRE-ARREST YOUTH\nDIVERSION POLICY”) AND ARTICLE XI (“LAW ENFORCEMENT POLICY”) TO\nCHAPTER 2 (“ADMINISTRATION”) OF THE CITY OF POMONA CITY CODE\nCONCERNING ESTABLISHMENT OF A PRE-ARREST YOUTH DIVERSION POLICY\nBY THE POMONA POLICE DEPARTMENT\nAttachments: Staff Report Re Youth Diversion Policies.docx\nAttachment No. 1 - Proposed Ord. No. 4336.docx

18. Designate a Voting Delegate and Alternate(s) for the 2023 League of California Cities\nAnnual Conference\nIt is recommended that the City Council take the following actions:\n1) Designate a voting delegate and voting alternate(s) for the 2023 League of California\nCities Annual Conference scheduled to take place on September 20-22, 2023; and\n2) Direct Staff to complete the Voting Delegate Form (Attachment No. 1) to be returned to\nthe League’s Sacramento office.\nAttachments: Staff Report - 2023 League of CA Cities Voting Delegate.docx\nAttachment No. 1.pdf

2. Second Reading and Adoption of an Ordinance Adding Standard Bylaws for All Boards,\nCommissions, and Committees to the Pomona City Code\nIt is recommended that the City Council adopt the following ordinance:\nORDINANCE NO. 4328 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPOMONA, CALIFORNIA, ADDING SECTION 2-526 (“STANDARD BYLAWS FOR ALL\nBOARDS, COMMISSIONS AND COMMITTEES”) OF DIVISION I (“GENERALLY”) OF\nARTICLE V (“BOARDS AND COMMISSIONS”) OF CHAPTER 2 (“ADMINISTRATION”)\nOF THE POMONA CITY CODE RELATING TO THE ADMINISTRATION OF ALL CITY\nBOARDS, COMMISSIONS AND COMMITTEES\nAttachments: Staff Report Adding Commission Bylaws to City Code.docx\nAttachment No. 1.pdf\nAttachment No. 2 - Proposed Ord. No. 4328.docx

3. Second Reading and Adoption of an Ordinance Amending the Pomona City Code\nRelating to the Police Oversight Commission Pursuant to the Provisions of Article VIII,\nSection 806 of the Charter of the City of Pomona\nIt is recommended that the City Council adopt the following ordinance:\nORDINANCE NO. 4333 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nPOMONA, CALIFORNIA, AMENDING DIVISION 6 (“POLICE OVERSIGHT\nCOMMISSION”) OF ARTICLE 5 (“BOARDS AND COMMISSIONS”) OF CHAPTER 2\n(“ADMINISTRATION”) OF THE POMONA CITY CODE RELATING TO THE POLICE\nOVERSIGHT COMMISSION PURSUANT TO THE PROVISIONS OF ARTICLE VIII\n(“APPOINTIVE BOARDS AND COMMISSIONS”) SECTION 806 (“POLICE\nOVERSIGHT COMMISSION”) OF THE CHARTER OF THE CITY OF POMONA\nAttachments: Staff Report-Adoption.DOCX\nAttachment No. 1.pdf\nAttachment No. 2 - Proposed Ordinance No. 4333.docx

4. Pomona Choice Energy Rate Increase\nIt is recommended that the City Council receive and file the report.\nAttachments: SR - PCE Rates\nAttach 1 - Pomona Choice August 1, 2023 Rate Schedules_Council

5. Adoption of a Resolution Approving the Fiscal Year 2023-24 Statement of Investment\nPolicy for the City of Pomona\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-130 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, APPROVING THE 2023-24 STATEMENT OF\nINVESTMENT POLICY FOR THE INVESTMENT OF PUBLIC FUNDS BY THE CITY\nTREASURER\nAttachments: Investment Policy Staff Report 23-24 Updated\nInvestment Policy Resolution 23-24 Updated

6. Resolution to Amend the Fiscal Year 2023-24 Operating Budget by Appropriating\n$600,000 of Available Proposition A Funds for Vandalism-Related Services and Repairs,\nand Right of Entry Agreement Requirements; and Approve the Right of Entry Agreement\nwith Union Pacific and the Amendment to the Agreement with Parkwood Landscape, Inc.\nfor Maintenance Needs Due to Vandalism at the Pomona Transit Center\nIt is recommended that the City Council take the following actions:\n1) Adopt the following resolution:\nRESOLUTION NO. 2023-131 - A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24\nOPERATING BUDGET BY APPROPRIATING $600,000 FROM THE AVAILABLE\nPROPOSITION A FUND BALANCE: $100,000 FOR CONTROLLABLE CONTRACT\nSERVICES RELATED TO THE RIGHT OF ENTRY AGREEMENT, $470,000 FOR\nVANDALISM REPAIRS, AND $30,000 FOR ADDITIONAL PRESSURE WASHING\nSERVICES AT THE POMONA TRANSIT CENTER\n2) Approve the Right of Entry Agreement between the City of Pomona and Union Pacific\nRailroad Company effective on the date of approval through November 1, 2023 for the\npurpose of performing maintenance-related work at the Pomona Transit Center in an\namount not-to-exceed $100,000;\n3) Approve an amendment to the agreement with Parkwood Landscape Maintenance,\nInc. (Parkwood) for additional services related to vandalism at the Pomona Transit\nCenter starting August 1, 2023 through June 30, 2024, for an annual amount of\n$85,000; and\n4) Authorize the City Manager, or designee, to execute the Right of Entry Agreement with\nUnion Pacific Railroad Company and the amended agreement with Parkwood, and\nany extensions or amendments thereto on behalf of the City, subject to review by the\nCity Attorney.\nAttachments: Staff Report\nAttachment No. 1 - Resolution

7. Resolution to Amend the FY 2023-24 Capital Improvement Program (CIP) Budget by\nCreating a New Project, “Traffic Signal Improvement - McKinley Avenue and Canyon\nWay,” Project No. 428-2590-XXXXX-68587 and Appropriating $600,000 of Fairplex\nMitigation Funds to the Project\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 CAPITAL IMPROVEMENT\nPROGRAM (CIP) BUDGET BY CREATING A NEW CIP PROJECT, “TRAFFIC SIGNAL\nIMPROVEMENT - MCKINLEY AVE AND CANYON WAY,” PROJECT NO.\n428-2590-XXXXX-68587 AND APPROPRIATING $600,000 OF FAIRPLEX MITIGATION\nFUNDS TO THE PROJECT\nAttachments: Staff Report\nAttachment No. 1 - Resolution\nAttachment No. 2 - CIP Project Details Sheet

8. Amend an Agreement with HdL Companies for Rental Property Registration Services\nIt is recommended that the City Council take the following actions:\n1) Amend the professional services agreement to HdL Companies, not to exceed a\nmaximum annual amount of $250,000 for Rental Registration Administration Services;\nand\n2) Authorize the City Manager to execute this amendment with HdL Companies and any\nsubsequent documents, amendments, and extensions, subject to review and approval\nby the City Attorney.\nAttachments: Staff Report

9. Adopt a Resolution to Amend the Fiscal Year 2023-24 Operating Budget by Appropriating\n$4,000 in State Certified Local Government (CLG) Program Grant Funds Not Expended\nDuring FY 2022-23\nIt is recommended that the City Council adopt the following resolution:\nRESOLUTION NO. 2023-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY\nOF POMONA, CALIFORNIA, AMENDING THE FY 2023-24 OPERATING BUDGET BY\nINCREASING THE REVENUE ESTIMATES AND APPROPRIATIONS OF $4,000 IN\nSTATE CERITIED LOCAL GOVERNMENT (CLG) PROGRAM GRANT\nAttachments: Staff Report\nResolution

PRESENTATIONS\n*Presentation by Athens Services on Apprenticeship Program