City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, May 18, 2020 7:00 PM 5:30 p.m. Closed Session Meeting & 7:00 p.m. Open Session Meeting via Teleconference Council Chambers City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Councilmember Rubio R. Gonzalez Vice-Mayor Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro Councilmember Robert S. 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 May 18, 2020 Successor Agency to the Redevelopment Agency PLEASE NOTE Please note that due to the COVID 19 pandemic and in accordance with California Governor's Executive Order N-25-20 regarding the Brown Act, the agenda has been modified to accommodate the needs of a Council meeting that is teleconferenced. 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.ci.pomona.ca.us. 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. City of Pomona Page 2 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency 5:30 P.M. Via Teleconference CLOSED SESSION Via Teleconference CALL TO ORDER PUBLIC COMMENT Public Participation In response to the global COVID 19 pandemic and in accordance with California Governor's Executive Order N-25-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note that comments for Public Participation or for a specific item on the agenda will be accepted by email only at this time. Comments will be read into the record by the City Clerk. The deadline to submit your comments is by 6:00 p.m. on the day of the scheduled Council meeting. Please email your comments to cityclerk@ci.pomona.ca.us and title your email "Public Comment" along with the date of the Council meeting and indicate if you are commenting on a specific agenda item. All comments must be limited to 200 words. CLOSED SESSION AGENDA ITEMS 1. A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)) Chad Jensen and Michael Neaderbaomer v. City of Pomona, et al. L.A. Superior Court, Case No. 20STCV17625 Edil Vazquez and Steve Congalton v. City of Pomona, et al. L.A. Superior Court, Case No. 20STCV15371 B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(4)) One matter regarding possible litigation to be initiated will be discussed. C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957 (b)(1)) Water Resources Director D) 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 City of Pomona Page 3 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency 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 E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Pomona Housing Authority Properties Located at 592 West Mission Boulevard (APN’s 8341-010-914, 915, 916, 917, 918, 919, 920 & 921) Negotiating Party: JHC-Acquisitions LLC City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and Terms 7:00 P.M. Via Teleconference CALL TO ORDER 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. 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 Governor's Executive Order N-25-20 regarding the Brown Act and guidance from the California Department of Public Health on gatherings, please note that comments for Public Participation or for a specific item on the agenda will be accepted by email only at this time. Comments will be read into the record by the City Clerk. The deadline to submit your comments is by 6:00 p.m. on the day of the scheduled Council meeting. Please email your comments to cityclerk@ci.pomona.ca.us and title your email "Public Comment" along with the date of the Council meeting and indicate if you are commenting on a specific agenda item. All comments must be limited to 200 words. City of Pomona Page 4 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency 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: April 20, 2020 Meeting Minutes Attachments: FINAL MINUTES 4-20-2020 2. Amendment of the 2019-20 Capital Improvement Program Budget by Appropriating $42,084 of Available Series “BE/BF” Water Bond Proceeds to the “Street Preservation - Local Citywide (FY 18-19)” Project No. 428-2590-XXXXX-68560; and Approve Additional Contingency of $5,553 and Authorize Payments for Pipeline Replacement Materials It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2020-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2019-20 CIP BUDGET, BY APPROPRIATING $42,084 OF AVAILABLE SERIES “BE/BF” WATER BOND PROCEEDS TO THE “STREET PRESERVATION - LOCAL CITYWIDE (FY 18-19)”, PROJECT NO. 428-2590-XXXXX-68560; 2) Approve additional contingency of $5,553.45 for the water portion of the Gentry Brothers Inc. (Gentry) contract; 3) Approve the payment of invoices to P.T.I. Sand & Gravel, Inc. (P.T.I.) in the amount of $7,119 and United Water Works, Inc. (United) in the amount of $29,412 for the pipeline replacement materials; and 4) Authorize the City Manager to execute the change order with Gentry Brothers Inc . and any agreements necessary to complete payments to P .T.I. Sand & Gravel, Inc. and United Water Works. Attachments: Staff Report - Adopt Resolution for Gentry Bros Inc. Paving Contingency.docx Attachment 1 - Resolution No. 2020-76.docx Attachment 2 - Invoices from United Water Works and P.T.I.pdf City of Pomona Page 5 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency 3. Authorize and Award a Contract to Granicus for the City Website Redesign and Hosting Services in an Amount Not to Exceed $49,600 It is recommended that the City Council authorize the City Manager, or designee, to execute a contract and other documentation on behalf of the City with Granicus for the City website redesign and hosting services in an amount not to exceed $49,600. Attachments: Updated Council Report website 5.18.2020 4. Approval of Amendment No.1 to the Exclusive Negotiating Agreement Between TFF Properties, LLC and the City of Pomona Regarding Sale of Vehicle Parking District (VPD) Lot 1 (APN: 8336-022-901) It is recommended that the City Council take the following actions: 1) Approve Amendment No. 1 to the Exclusive Negotiating Agreement Between TFF Properties, LLC and the City of Pomona Regarding Sale of Vehicle Parking District (VPD) Lot 1 (APN 8336-022-901); and 2) Authorize the City Manager to execute all documents and amendments related to this action. Attachments: 051820 CC rpt amend ENA Pomona_Fuller_TFF Properties Amended ENA (4.30.20 draft)-c1 5. Approval of Additions and Deletions to Special Legal Counsel Panel It is recommended that the City Council take the following actions: 1) Approve the following additions and deletions to the Special Legal Counsel Panel: a. Add Smith Law Offices LLP b. Add Ring Bender c. Delete Linda Daube 2) Authorize the City Manager to execute retainer agreements with the added firms. Attachments: Amend Outside Counsel List Staff Report 5-18-20 Attachment - Approved Outside Counsel List DISCUSSION CALENDAR 6. Finding of Public Benefit to the Community at Large: Recommended Expenditure (s) and Recap of Funds It is recommended that the City Council take the following actions: City of Pomona Page 6 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency 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. Attachments: FOPB Staff Report 5.18 Attachments 7. Amendments to the Historic Sites Tree Protection and Preservation Program It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE HISTORIC SITES TREE PROTECTION AND PRESERVATION PROGRAM Attachments: Staff Report Attachment 1 - Draft CC Reso 2020-55 Attachment 2 - Resolution No. 2000-72 Attachment 3- HPC Resolution No. 20-006 Attachment 4- Summary of Recommended Amendments PUBLIC HEARINGS 8. Public Hearing to Authorize the Submittal of a Request for Funding for the Permanent Local Housing Allocation (PLHA) Program to Receive Up to $6,410,670 Over a Five-Year Period and to Adopt a Five-Year Plan It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing to receive public comments on the proposed Five Year Permanent Local Housing Allocation Program; 2) Adopt the following resolution: RESOLUTION NO. 2020-71 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING SUBMITTAL OF REQUEST FOR FUNDING FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM OF UP TO $6,410,670 FOR FIVE YEARS, ADOPTION AND IMPLEMENTATION OF THE FIVE-YEAR PLHA PLAN 3) Authorize the City Manager to execute in the name of the City of City of Pomona Page 7 Printed on 5/14/2020 City Council / Housing Authority / Regular Meeting Agenda May 18, 2020 Successor Agency to the Redevelopment Agency Pomona, the application, the Standard Agreements, and all other documents required by the Department of Housing and Community Development for participation in the PLHA Program, and any amendments thereto. Attachments: Staff Report - PHLA Application Attachment 1 - Resolution MATTERS INITIATED BY CITY COUNCILMEMBERS Items for future City Council consideration as requested by Mayor or Members of the City Council ADJOURNMENT The next Regular Meeting will be held on June 1, 2020 via teleconference due to the COVID 19 pandemic. 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 18, 2020 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.ci.pomona.ca.us on May 12, 2020. 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 8 Printed on 5/14/2020