City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, January 4, 2021 7:00 PM Via Teleconference - "Zoom Webinar" City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Vice-Mayor Nora Garcia Councilmember John Nolte 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 January 4, 2021 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 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 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) Vaughn Dorsey, III, et al. v. County of Los Angeles, University of Southern California, City of Pomona, et al. Los Angeles Superior Court; Case No. 20STCV45964 B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager C) 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: James Makshanoff and Linda Matthews 7:00 P.M. City of Pomona Page 3 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Presentation by the Chamber of Commerce of their Goals and Accomplishments 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. 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: December 7, 2020 Meeting Minutes City of Pomona Page 4 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency 2. Amendment of the FY 2020-21 Operating Budget in Measure W Fund; Execution of the Agreement with the Los Angeles County Flood Control District; and, Approval of Amendment No. 1 to Stantec Consulting Services, Inc. (Stantec) Professional Services Agreement It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-02 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 ADOPTED BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $385,000 IN MEASURE W FUNDS FROM LOS ANGELES COUNTY FLOOD CONTROL DISTRICT’S SAFE CLEAN WATER-REGIONAL PROGRAM TO BE TRANSFERRED TO WATERSHED MANAGEMENT FUND 2) Authorize the City Manager to execute the attached transfer agreement (Attachment No.2) with the Los Angeles County Flood Control District (District) for the Safe Clean Water (SCW) - Regional Program; 3) Determine approval of the Stantec’s professional services agreement to study infiltration rates is categorically exempt in accordance with California Environmental Quality Act Guidelines, Section 15306; and 4) Approve Amendment No. 1 to Stantec’s professional services agreement in the amount not to exceed $385,000 for a total contract award of $1,041,681 to study infiltration rates within the San Gabriel Valley (Attachment No. 3); and authorize the City Manager to execute said agreement. 3. Execute a Transfer Agreement with the Los Angeles County Flood Control District; Amend the FY 2020-21 Operating Budget; and Amend the FY 2020-21 Capital Improvement Program (CIP) Budget by Creating a New Partially Funded CIP Project It is recommended that the City Council take the following actions: 1) Adopt the following resolutions: RESOLUTION NO. 2021-03 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $102,760 FROM LOS ANGELES COUNTY FLOOD CONTROL DISTRICT’S SAFE CLEAN WATER - REGIONAL PROGRAM TO THE SAFE CLEAN WATER PROGRAM FUND City of Pomona Page 5 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency and RESOLUTION NO. 2021-04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM BUDGET BY CREATING A NEW PARTIALLY FUNDED CIP PROJECT, “PEDLEY SPREADING GROUNDS - POND ENHANCEMENTS,” PROJECT NO. 428-2590-XXXXX-81058 AND APPROPRIATING $102,760 OF SAFE CLEAN WATER PROGRAM FUNDS TO THE NEW PROJECT 2) Authorize the City Manager to execute the attached transfer agreement with the Los Angeles County Flood Control District (District) for the SCW program - Regional Program. 4. Extension of Emergency Directives for Suspension of Water Shut Offs, Utility Bill Late Fees and Parking Enforcement of Certain Non-Safety Parking Violations It is recommended that the City Council take the following actions to approve extending the emergency directives issued by the Director of Emergency Services: 1) Approve suspension of the shut off of City water service for residents and businesses in the City for non-payment of utility (water, sewer, and solid waste) bills through March 16, 2021; 2) Approve the suspension of late payment penalties or fees for delinquent utility (water, sewer, and solid waste) bills through March 16, 2021; and 3) Approve suspension of parking enforcement for non-safety street sweeping and preferential parking permit violations in residential areas through March 16, 2021. 5. Approve the Ratification of the Execution of a Letter of Credit with River City Bank on behalf of Pomona Choice Energy It is recommended that the City Council approve the ratification of the execution of a Letter of Credit with River City Bank (River Bank) on behalf of Pomona Choice Energy. 6. Establishing the Order of Appointment of the Vice-Mayor and Selecting and Designating District 5 Councilmember, Steve Lustro, as Vice-Mayor It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING THE ORDER OF APPOINTMENT OF VICE-MAYOR AND SELECTING AND DESIGNATING City of Pomona Page 6 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency DISTRICT 5 COUNCILMEMBER, STEVE LUSTRO, AS VICE-MAYOR 7. Approval of Appointment to Fill the District 6 Vacancy on the Board of Parking Place Commissioners (Vehicle Parking District) It is recommended that the City Council review the application and approve the appointment of Mrs. Jaqueline Elizalde to serve as the District 6 Representative on the Board of Parking Place Commissioners (VPD). DISCUSSION CALENDAR 8. Proposed Pomona City Charter Amendments for Independent Redistricting Commission and Primary Elections being considered by the Charter Review Commission 2020 and Request to Appoint Independent Redistricting Commission for 2021 It is recommended that the City Council take the following actions: 1) Review and provide feedback regarding the proposed Charter amendment to create an Independent Redistricting Commission; 2) Consider a request from Charter Review Commission 2020 to create an Independent Redistricting Commission via resolution or ordinance in time for the redistricting process in 2021; and 3) Review and provide feedback regarding the proposed Charter amendment to add a primary election. 9. Fiscal Year 2021-22 Budget Kickoff It is recommended that the City Council take the following actions: 1) Approve the attached Fiscal Year (FY) 2021-22 Budget Guiding Principles; and 2) Review the FY 2021-22 Budget Preparation Calendar and Budget Process. 10. Adoption of an Urgency Ordinance for Local Residential Eviction Protection Due to the COVID-19 Pandemic It is recommended that the City Council adopt the following urgency ordinance: URGENCY ORDINANCE NO. 4296 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ENACTING A TEMPORARY MORATORIUM ON EVICTIONS DUE TO NON-PAYMENT OF RENT BY RESIDENTIAL TENANTS IMPACTED BY THE NOVEL CORONAVIRUS (“COVID-19”) City of Pomona Page 7 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency 11. City Council Appointments/Reappointments to Local and Regional Boards/Commissions/Agencies It is recommended that the City Council take the following actions: 1) Review the City Council Appointments to Local and Regional Boards/Commissions/Agencies roster and make new appointments or reappointments as needed; and 2) Direct staff to post an updated Form 806 on the City’s website following the appointments. 12. 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. PUBLIC HEARINGS 13. Introduction and First Reading of an Ordinance Creating an Inclusionary Housing Program It is recommended that the City Council open the public hearing and after receiving testimony and public comment close the public hearing, introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING ORDINANCE NO. 4006, ALSO KNOWN AS THE POMONA CITY CODE, WITH THE ADDITION OF ARTICLE VIII TO CHAPTER 74 ADOPTING AN INCLUSIONARY HOUSING PROGRAM FOR THE CITY OF POMONA 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 February 1, 2021 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. City of Pomona Page 8 Printed on 12/30/2020 City Council / Housing Authority / Regular Meeting Agenda January 4, 2021 Successor Agency to the Redevelopment Agency CERTIFICATION OF POSTING AGENDA I, Rosalia A. Butler, MMC, City Clerk for the City of Pomona, hereby certify that the agenda for the January 4, 2021 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 30, 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 9 Printed on 12/30/2020