City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, December 7, 2020 7:00 PM Via Teleconference 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 December 7, 2020 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.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. 5:30 P.M. Via Teleconference City of Pomona Page 2 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency 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 were accepted by email and will be accepted via the Q & A feature on Zoom or by live comment by phone or internet. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom, dialing *9 if you are calling in via phone or leaving a comment in the Q & A box. Staff will call on you one at a time. Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. CLOSED SESSION AGENDA ITEMS A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9) Gregory Lucas v. City of Pomona Los Angeles County Superior Court Case No. 19STCP05618 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL SPECIAL ITEM 1. Official Election Results of the November 3, 2020 General Municipal Election It is recommended that the City council adopt the following resolution: RESOLUTION NO. 2020-181 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 3, 2020 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW City of Pomona Page 3 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency RECESS Under Section 2-42(e) of the City of Pomona's Municipal Code, "A recess will be placed on the agenda following the swearing-in of new and incumbent councilmembers." This requirement will be waived due to the current COVID -19 restrictions pertaining to social distancing. 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 were accepted by email and will be accepted via the Q & A feature on Zoom or by live comment by phone or internet. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom, dialing *9 if you are calling in via phone or leaving a comment in the Q & A box. Staff will call on you one at a time. Each speaker will have up to three (3) minutes for their comment. Comments received via email will be read into the record by City staff. 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. 2. Award of Construction Contract to Gentry Brothers, Inc. in the Amount of $1,062,722.80 It is recommended that the City Council take the following actions: 1) Award a construction contract to Gentry Brothers, Inc. for “ADA Path of Travel - Citywide (CDBG) (FY 17-18 to FY 19-20),” Project No. 428-2590-XXXXX-68555 and “ADA Curb Ramps and Path of Travel - Citywide (FY 19-20),” Project No. 428-2590 -XXXXX-67929 (All Base Bids and Add Alts) in the amount of $1,062,722,80; and 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 significant effect on the environment; and 3) Authorize the City Manager to execute the construction contract. 3. Amendment of the FY 2020-21 Capital Improvement (CIP) Budget to Create a New CIP City of Pomona Page 4 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency Project, “Traffic Signal Improvement - Corporate Center Drive West and South Campus Drive,” Project No. 428-2590-XXXXX-68571 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-158 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET TO CREATE A NEW CIP PROJECT, “TRAFFIC SIGNAL IMPROVEMENT - CORPORATE CENTER DRIVE WEST AND SOUTH CAMPUS DRIVE,” PROJECT NO. 428-2590-XXXXX-68571, AND APPRORIATE $57,799 OF REMAINING ASSESSMENT DISTRICT (AD) 297 IMPROVEMENT BOND PROCEEDS 4. Award a Bid to Zenner Performance Meters, Inc. for the Purchase of Small Cold Water Meters It is recommended that the City Council take the following actions: 1) Award a bid to Zenner Performance Meters, Inc. (Zenner) for the purchase of small cold water meters at the prices bid, for a term of three-years, with a two-year extension option; and 2) Authorize the City Manager, or designee, to approve purchase orders, and any extensions thereto, on behalf of the City. 5. Approve Entering into a Long-Term Renewable Energy Agreement with Manzana Wind LLC on behalf of Pomona Choice Energy It is recommended that the City Council take the following actions: 1) Approve entering into a Long-Term Renewable Energy Agreement with Manzana Wind LLC (Manzana) on behalf of Pomona Choice Energy; and 2) Authorize the City Manager, or his designee, to execute a Power Purchase Agreement in a form substantially. 6. Acceptance of the U.S. Department of Justice (DOJ) Edward Bryne Memorial Justice Assistance Grant Award (JAG) in the Amount of $53,590, and Amending the FY 2020-21 Operating Budget by Increasing Revenue Estimates and Appropriations It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE U.S. DEPARTMENT OF JUSTICE (DOJ) EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT City of Pomona Page 5 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency AWARD (JAG) IN THE AMOUNT OF $53,590, AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS 7. Approve an Amendment to the Procurement Agreement with Digital Network Group (DNG) for Downtown Pomona Transit Station Surveillance It is recommended that the City Council take the following actions: 1) Approve an amendment of 3.65% ($6,837.27) to the procurement agreement with Digital Network Group (DNG) for the procurement of a new surveillance camera system for “Pomona Transit Bridge Improvements and Beautification,” Project No. 428-2590-XXXXX-67927; bringing the total agreement amount to $194,437.27; and 2) Authorize the City Manager to execute this amendment to the procurement agreement on behalf of the City. 8. Approval of an Exclusive Negotiation Agreement with National Community Renaissance of California Regarding the Sale of Vehicle Parking District (VPD) Lot 26T Generally Located on The 500 Block of East Mission Blvd. It is recommended that the City Council: 1) Approve the Exclusive Negotiation Agreement (ENA) with National Community Renaissance of California regarding the sale of Vehicle Parking District (VPD) Lot 26T Generally Located on the 500 Block of East Mission Blvd.; and 2) Authorize the City Manager to execute the ENA in substantially the form as attached and subject to approval as to form by the City Attorney. 9. Approve the Addition of One Firm to the Special Legal Counsel Panel It is recommended that the City Council take the following actions: 1) Approve the addition of the Law Offices of S. Henslee Smith to the Special Legal Counsel Panel for the purpose of workers’ compensation coverage litigation; and 2) Authorize the City Manager to execute a retainer agreement with the requested firm. 10. Biennial Review and Adoption of the City’s Amended Conflict of Interest Codes It is recommended that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City of Pomona and Pomona Housing Authority: RESOLUTION NO. 2020-179 - A RESOLUTION OF THE CITY COUNCIL OF THE City of Pomona Page 6 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL AND SPECIFIED AND DESIGNATED OFFICERS AND EMPLOYEES RESOLUTION NO. 2020-180 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE GOVERNING BOARD OF THE POMONA HOUSING AUTHORITY AND DESIGNATED CITY EMPLOYEES BY INCORPORATING CALIFORNIA CODE OF REGULATIONS SECTION 18730 - THE STANDARD CONFLICT OF INTEREST CODE 11. Acceptance of the Standards and Training for Corrections (STC) Grant in the Amount of $10,939, and Amending the FY 2020-21 Operating Budget by Increasing Revenue Estimates and Appropriations It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE STANDARDS AND TRAINING FOR CORRECTIONS (STC) GRANT IN THE AMOUNT OF $10,939 AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS 12. Second Reading and Adoption of Ordinance No. 4294, Amending the City of Pomona Municipal Code to Update the Existing Duties and Responsibilities of the Community Life Commission (Section 2-552) It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING SECTION 2-552 OF THE CITY OF POMONA MUNICIPAL CODE TO UPDATE THE EXISTING DUTIES AND RESPONSIBILITIES OF THE COMMUNITY LIFE COMMISSION DISCUSSION CALENDAR 13. Discussion Regarding Inclusionary Housing Policy Recommendations It is recommended that the City Council take the following actions: 1) Review and discuss the Inclusionary Housing - Policy Recommendations Memorandum prepared by the City’s consultant, Keyser Marston Associates, Inc.; and City of Pomona Page 7 Printed on 12/3/2020 City Council / Housing Authority / Regular Meeting Agenda December 7, 2020 Successor Agency to the Redevelopment Agency 2) Provide feedback and direction to staff. 14. 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 for previously approved projects/activities. 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 December 21, 2020 via Zoom Webinar 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 December 7, 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 December 3, 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 12/3/2020