City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, July 20, 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 Vice-Mayor Nora Garcia Councilmember Rubio R. Gonzalez Councilmember Victor Preciado 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 July 20, 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 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 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 - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a)) City of Pomona v. SQM North America Corporation U.S.D.C. No. 2:11-cv-00167-RGK-JEM B) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9(d)(1)) Inland Valley Humane Society v. City of Pomona L.A. County Superior Court; Case No. BC599074 7:00 P.M. Reconvene in the Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL City of Pomona Page 3 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency PRESENTATIONS 1. Presentation by the Pomona Police Department on the “8 Can’t Wait” Campaign 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. 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: June 29, 2020 Meeting Minutes Attachments: FINAL MINUTES 06-29-2020 2. Adoption of a Resolution Receiving a Grant of $2,000 from Tri-City Mental Health Services for the Heroes of Pomona Speech Contest and Amending the FY 2020-21 Operating Budget by Increasing Revenue Estimates and Appropriating the $ 2,000 in Awarded Grant Funds It is recommended that the City Council take the following actions: 1) Adopt the following resolution: City of Pomona Page 4 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2020-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA RECEIVING A GRANT AWARD OF $2,000 FROM TRI-CITY MENTAL HEALTH SERVICES FOR THE HEROES OF POMONA SPEECH CONTEST AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING THE $2,000 IN AWARDED GRANT FUNDS 2) Authorize the City Manager to execute all documents related with this action, with approval of the City Attorney as to form. Attachments: Staff Report - TriCity Grant Award Acceptance Resolution 2020-97 3. Adoption of a Resolution Approving the Fiscal Year 2020-21 Statement of Investment Policy for the City of Pomona and Reaffirming the City Treasurer Appointment It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE FY 2020-21 STATEMENT OF INVESTMENT POLICY FOR THE INVESTMENT OF PUBLIC FUNDS BY THE CITY TREASURER AND REAFFIRMING APPOINTMENT OF FINANCE DIRECTOR AS CITY TREASURER Attachments: Investment Policy Staff Report 20-21.docx Investment Policy Resolution 20-21.docx Investment Policy 2020-21.pdf 4. Adopt a Resolution Authorizing the City to Enter into an Agreement with the Pomona Community Foundation to Provide Funding for Housing and Food Assistance Relief in an Amount Not to Exceed $200,000 and Amending the FY 2020-2021 Operating Budget by Increasing Revenue Estimates and Appropriations by $200,000 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2020-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE POMONA COMMUNITY FOUNDATION TO PROVIDE FUNDING FOR HOUSING AND FOOD ASSISTANCE RELIEF IN AN AMOUNT NOT TO EXCEED $200,000 AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $200,000 City of Pomona Page 5 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency 2) Authorize the City Manager to execute the grant agreement and any amendments thereto, subject to review by the City Attorney. Attachments: Staff Report - PCF Compassion Fund MOA Resolution No. 2020-107 5. Adoption of Resolutions Creating a Homeless Programs Coordinator Classification and Amending the Fiscal Year 2020-21 Operating Budget by Adding One Position in the Neighborhood Services Department and Adopting the Citywide Salary Schedule for Fiscal Year 2020-21 It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2020-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING APPENDIX B OF THE MEMORANDUM OF UNDERSTANDING WITH THE POMONA MID-MANAGEMENT/CONFIDENTIAL EMPLOYEES’ ASSOCIATION BY ADDING THE CLASSIFICATION OF HOMELESS PROGRAMS COORDINATOR AND AMENDING THE AUTHORIZED STAFFING LEVELS FOR THE FY 2020-21 OPERATING BUDGET BY ADDING ONE HOMELESS PROGRAMS COORDINATOR POSITION IN THE NEIGHBORHOOD SERVICES DEPARTMENT RESOLUTION NO. 2020-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING THE CITYWIDE SALARY SCHEDULE FOR FISCAL YEAR 2020-21 AND ADDING A HOMELESS PROGRAMS COORDINATOR CLASSIFICATION Attachments: Homeless Coord Staff Report Homeless Coord Att 1 PMMCEA & Budget Reso Homeless Coord Att 2 Salary Schedule Reso Att 2 Exhibit A - Salary_Schedule_7-01-20 6. Acceptance of the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA) FY 2020-2021 Coronavirus Emergency Supplemental Funding (CESF) Grant Award in the amount of $182,028 It is recommended that the City Council take the following actions: 1) Accept the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA) FY 2020-2021 Coronavirus Emergency Supplemental Funding (CESF) grant in the amount of $182,028; and 2) Authorize the City Manager or designee, to execute the Grant Agreement City of Pomona Page 6 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency and any related documentation needed to accept grant funds on behalf of the City. Attachments: City Council-FY 2020 Coronavirus Grant.docx 7. Adoption of a Resolution in Support of the First Amendment Rights to Peacefully Assemble and Protest and the Ongoing Review of Law Enforcement Practices and Policies It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-113 - A RESOLUTION OF THE CITY OF POMONA, CALIFORNIA, IN SUPPORT OF THE FIRST AMENDMENT RIGHTS TO PEACEFULLY ASSEMBLE AND PROTEST AND THE ONGOING REVIEW OF LAW ENFORCEMENT PRACTICES AND POLICIES Attachments: Staff Report Resolution 2020-113 8. Approve an Access License Agreement between the City of Pomona and Monte Vista Water District to Conduct Water Quality Sampling It is recommended that the City Council authorize the City Manager to execute an access license agreement with Monte Vista Water District (MVWD). Attachments: Staff Report - MVWD Agreement for Well Usage-Water Samples.docx Access License Agreement with Pomona re Sampling at Well 34.docx 9. Mandated Biennial Review of the City’s Conflict of Interest Code It is recommended that the City Council direct staff to review the City ’s current Conflict of Interest Code. Attachments: Staff Report - Review of Conflict of Interest Code Attachment No. 1 - RES. 2018-178 (Conflict of Interest Code applicable to City Council and Employees) Attachment No. 2 - RES. 2018-179 (Conflict of Interest Code- Housing Authority & Designated Employees) Attachment No. 3 - RES. 2016-173 (Conflict of Interest Code for Successor Agency) 10. Approval of Resolution Amending the FY 2019-20 Operating Budget to Increase Revenue Estimates by $127,720 and Appropriations by $83,213 to Account for Building and Safety Activity It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2019-20 OPERATING BUDGET TO INCREASE REVENUE ESTIMATES BY $127,720 AND City of Pomona Page 7 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency APPROPRIATIONS BY $83,213 TO ACCOUNT FOR BUILDING AND SAFETY ACTIVITY Attachments: Amending Operating Budget FY19-20 report.7-20-20 Attachment 1 -Resolution 2020-116 DISCUSSION CALENDAR 11. Introduction and First Reading of an Ordinance to Add Division 3, “Wireless Facilities in Right-of-Way” to the Pomona City Code Chapter 46, Article IV; Adoption of a Resolution to Establish Fees for Wireless Encroachment Permits It is recommended that the City Council take the following actions: 1) Introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4279 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING DIVISION 3 “WIRELESS FACILITIES IN RIGHT-OF-WAY” TO CHAPTER 46 (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE IV (ENCROACHMENTS) OF THE POMONA CITY CODE 2) Adopt the following resolution: RESOLUTION NO. 2020-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING A FEE SCHEDULE FOR WIRELESS ENCROACHMENT PERMITS TO INSTALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY PURSUANT TO CITY MUNICIPAL CODE CHAPTER 46, ARTICLE IV, DIVISION 3 “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY” Attachments: Staff Report Ordinance Resolution 12. 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: 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. City of Pomona Page 8 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency Attachments: FOPB Staff Report Attachments 1-5 13. An Urgency Ordinance Extending Temporary Moratorium on Foreclosures and Evictions due to Non-Payment of Rent and an Executive Order Extending the Suspension of Water Shut-offs and Certain Late Fees due to the Impact of COVID-19 It is recommended that the City Council take the following actions: 1) Adopt the following Urgency Ordinance: ORDINANCE NO. 4292 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 4290 ENACTING A TEMPORARY MORATORIUM ON FORECLOSURES AND EVICTIONS DUE TO NON-PAYMENT OF RENT BY RESIDENTIAL AND COMMERCIAL TENANTS IMPACTED BY THE NOVEL CORONAVIRUS (COVID-19) 2) Approve the following related to emergency directives issued by the Director of Emergency Services: a. Extend the emergency directive to suspend the shut off of City water service for residents and businesses in the City for non-payment of water, sewer and solid waste bills through September 30, 2020; b. Extend the emergency directive to suspend late payment penalties or fees for delinquent utility (water, sewer and solid waste) bills through September 30, 2020; and c. Do not extend the suspension of parking citations for and of late payment penalties on certain citations issued for parking violations after March 1, 2020, which will result in parking enforcement to return back to normal operations effective August 1, 2020. Attachments: Staff Report Att 1 Ordinance Att 2 Ext of Utilities Exec Order 14. Retirement Incentive Program Adoption It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A RETIREMENT INCENTIVE PROGRAM FOR FULL-TIME, CALPERS SERVICE RETIREMENT ELIGIBLE CITY EMPLOYEES, AS A COST SAVINGS MEASURE DUE TO THE SIGNIFICANT City of Pomona Page 9 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency GENERAL FUND BUDGET DEFICIT FACING THE CITY CAUSED BY THE COVID-19 GLOBAL PANDEMIC Attachments: Ret Inc Staff Report Ret Inc Att 1 Resolution Ret Inc Att 2 Cost Analysis Council 7-20-2020 15. Discussion on Approval Process for Temporary Art and Other Innovative Art Projects Citywide It is recommended that the City Council take the following actions: 1) Direct staff to establish a “ministerial” (over-the-counter) permit process for certain art projects, such as temporary art and other innovative art projects, based on one or more thresholds, and with conditions for the review of content and Cultural Arts Commission oversight. or 2) Direct Staff to formalize a “discretionary” process for certain art projects, such as temporary art and other innovative art projects, to be approved by the Cultural Arts Commission and/or Parks and Recreation Commission, based on one or more thresholds, and with conditions for the review of content. Attachments: Arts Staff report_7_20_20 16. Designate a Voting Delegate and Alternate(s) for the 2020 League of California Cities Annual Conference It is recommended that the City Council take the following actions: 1) Designate a voting delegate and voting alternate(s); or 2) Not participate in the 2020 League of California Cities Annual Business Meeting. Attachments: Staff Report - 2020 League of California Cities Delegate Attachment No. 1 17. City Council Re-Appointments to Local and Regional Boards/Commissions/Agencies for District 1 Council Representation It is recommended that the City Council review the City Council Appointments to Local and Regional Boards/Commissions/Agencies roster that require District 1 Council representation and make new appointments as needed. City of Pomona Page 10 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency Attachments: Staff Report - City Council Appointment District 1 Vacancy Attachment No. 1 PUBLIC HEARINGS 18. Approving and Adopting the Revised Five-Year Permanent Local Housing Allocation Plan and Authorizing Submittal to the California Department of Housing and Community Development, Requesting Funding for up to $6,410,670 over a Five-Year Period. It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing to receive public comments on the revised Five -Year Permanent Local Housing Allocation Plan; and 2) Adopt the following resolution: RESOLUTION NO. 2020-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING THE REVISED FIVE-YEAR PERMANENT LOCAL HOUSING ALLOCATION PLAN AND AUTHORIZING SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, REQUESTING FUNDING FOR UP TO $6,410,670 OVER A FIVE-YEAR PERIOD Attachments: Staff Report - Revised PHLA Plan Resolution No. 2020-111 Public Notice_Plan Revision.pdf 19. Public Hearing Amending the Consolidated Plan, the Fiscal Year (FY) 2020-2021 Annual Action Plan and the FY 2020-2021 City Operating Budget by Increasing Revenue Estimates and Appropriations for CARES ACT (COVID-19) Funding for Community Development Block Grant (CDBG-CV) and Emergency Solutions Act (ESG-CV) Funds It is recommended that the City Council take the following actions: 1) Conduct a public hearing to receive public comment on the proposed appropriation of CARES Act (COVID-19) funding; and 2) Adopt the following resolution approving substantial amendments to the Consolidated Plan, Fiscal Year (FY) 2020-2021 Annual Action Plan and the FY 2020-2021 City Operating Budget: RESOLUTION NO. 2020-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN, FY 2020-2021 ANNUAL ACTION PLAN AND THE FY 2020-2021 CITY OPERATING BUDGET BY Increasing Revenue Estimates and City of Pomona Page 11 Printed on 7/16/2020 City Council / Housing Authority / Regular Meeting Agenda July 20, 2020 Successor Agency to the Redevelopment Agency Appropriations for CARES ACT (COVID-19) Funding for Community Development Block Grant (CDBG-CV) and Emergency Solutions Act (ESG-CV) PROGRAM FUNDS 3) Approve funding recommendations for CDBG-CV and ESG-CV Funds. Attachments: Staff Report - Appropriation of CARES Act Funds Attachment 1 - Resolution No. 2020-112 APPRORIATION OF CARES ACT FUNDS - Combined PUBLIC NOTICE_ Notice of Public Hearing and 5-day C 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 August 3, 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 July 20, 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 July 16, 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 12 Printed on 7/16/2020