City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, March 1, 2021 7:00 PM Via Teleconference City Council / Housing Authority / Successor Agency to the Redevelopment Agency Mayor Tim Sandoval Vice-Mayor Steve Lustro Councilmember John Nolte Councilmember Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole 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 March 1, 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 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 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 1. A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Chad Jensen and Michael Neaderbaomer v. City of Pomona Los Angeles County Superior Court Case No. 20STCV17625 B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager 7:00 P.M. Via Teleconference CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Proclamation Proclaiming March 2021 as “National Women’s History Month” in the City of Pomona City of Pomona Page 3 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency 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: January 28, 2021 Meeting Minutes February 1, 2021 Meeting Minutes February 8, 2021 Meeting Minutes 2. Second Reading and Adoption of Ordinance Adding Division 3, “Wireless Facilities in Right-of-Way” to the Pomona City Code Chapter 46, Article IV It is recommended that the City Council adopt 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 City of Pomona Page 4 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency 3. Amendment of the Consolidated Plan, the Fiscal Year (FY) 2020-21 Annual Action Plan and the FY 2020-21 City Operating Budget It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN, THE FISCAL YEAR (FY) 2020-2021 ANNUAL ACTION PLAN AND THE FY 2020-2021 CITY OPERATING BUDGET TO REDUCE REVENUE ESTIMATES AND APPROPRIATIONS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ENTITLEMENT FUNDS, AND TO RE-ALLOCATE CDBG CORONA VIRUS (CV), EMERGENCY SHELTER GRANT (ESG) CV AND HOME FUNDS 4. Award of Landscape Maintenance Contract to Merchants Landscaping Services, Inc. It is recommended that the City Council review the following and choose the appropriate action: 1) Approve a three-year contract, with two optional one-year extensions, to Merchants Landscape Services, Inc. for Turf, Groundcover, and Decorative Landscaping Services in Phillips Ranch; and 2) Authorize the City Manager to execute the contracts and any extensions to the contracts on behalf of the City, subject to review by the City Attorney; or 3) Direct Staff to reject the current bids for Phillips Ranch Turf, Groundcover, and Decorative Landscaping Services, and extend the current Citywide Landscaping contract with Greentech Landscape, Inc. for six months to allow for the bidding process. 5. Extension of Contract with Cal Micro Recycling for Disposal of Electronic Waste It is recommended that the City Council take the following actions: 1) Approve an extension to the contract with Cal Micro Recycling for the disposal of electronic waste through June 30, 2021; and 2) Authorize the City Manager to execute the extension to the contract on behalf of the City, subject to review by the City Attorney. 6. Approval of Parcel Map PM No. 73474 for the Property Located at 4310-4350 Valley Boulevard, Pomona, CA, Assessor Parcel Numbers 8709-026-004, -061 and -062, Related to the Subdivision and Development of Five Tilt-Up Warehouse (Council District 5) City of Pomona Page 5 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING PARCEL MAP PM NO. 73474 FOR THE PROPERTY LOCATED AT 4310-4350 VALLEY BOULEVARD, POMONA, CA, ASSESSOR PARCEL NUMBERS 8709-026-004, -061 AND-062 2) Authorize the City Engineer to sign the Parcel Map PM 73474 on behalf of the City. 7. Approval of Lot Line Adjustment LLA1-2020, Assessor Parcel Numbers 8711-023-045 and -051, for the Expansion of the Residential Property Located at 17 Silverado Court, Pomona, CA (Council District 5) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT LLA1-2020, ASSESSOR PARCEL NUMBERS 8711-023-045 AND -051, FOR THE EXPANSION OF THE RESIDENTIAL PROPERTY LOCATED AT 17 SILVERADO COURT, POMONA, CA 2) Authorize the City Engineer to sign the Lot Line Adjustment LLA1-2020 on behalf of the City. 8. Adoption of a Resolution Expressing Support for Actions to Further Strengthen Local Democracy, Authority and Control as Related to Local Zoning and Housing Matters It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN LOCAL DEMOCRACY, AUTHORITY AND CONTROL AS RELATED TO LOCAL ZONING AND HOUSING MATTERS 2) Authorize staff to disseminate the executed resolution to the appropriate City of Pomona Page 6 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency California Cities for Local Control Coalition contacts and other interested parties. 9. Acceptance and Appropriation of $5,000 in State and Federal Grant Funds to Support Historic Preservation It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $5,000 IN GRANT FUNDING FROM THE CALIFORNIA STATE OFFICE OF HISTORIC PRESERVATION FOR USE ON SUPPORTING THE CITY’S HISTORIC PRESERVATION PROGRAM AND AMEND THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $5,000 2) Authorize the City Manager to execute all agreements and any other documentation requested for acceptance of the award, distribution of the funding and operation of the subsequent agreements, subject to approval as to form by the City Attorney. DISCUSSION CALENDAR 10. 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. 11. Update of the City of Pomona’s Records Retention Schedule 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. 4299 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING ORDINANCE NO. 2889, ALSO KNOWN AS THE CODE OF THE CITY OF POMONA, BY AMENDING City of Pomona Page 7 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency CHAPTER 2 (ADMINISTRATION), ARTICLE IX (CITY RECORDS), DIVISION 2 (RECORDS MANAGEMENT), SECTION 2-1127 (RESPONSIBILITIES), PROVIDING FOR THE ADOPTION, APPLICATION, AND ADMINISTRATION OF AN UPDATED RECORDS MANAGEMENT PROGRAM FOR ALL CITY OFFICES AND DEPARTMENTS 2) Adopt the following resolution: RESOLUTION NO. 2021-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE AND RESCINIDING PREVIOUS RESOLUTION NO. 2017-37A 12. Amendment of the City of Pomona Municipal Code by Adding a New Code Section Relating to Electronic Filing of Campaign Statements and Statements of Economic Interests (Form 700) It is recommended that the City Council introduce, waive further and give first reading to the following ordinance: ORDINANCE NO. 4298 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADDING SECTION 10-47 (ELECTRONIC FILING) TO ARTICLE II (CAMPAIGN CONTRIBUTIONS AND EXPENDITURES) UNDER CHAPTER 10 (ELECTIONS) TO THE POMONA MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF CAMPAIGN STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS (FORM 700) 13. Discussion of an Addition to the Emergency Shelter Overlay It is recommended that the City Council direct staff to prepare an ordinance amendment to the Emergency Shelter Overlay (ES Overlay) Zone and review parking requirements for the ES Overlay. 14. Introduction and Adoption of a Proposed Urgency Ordinance Requiring “Hero Pay” for Front-Line Retail Store Employees within the City of Pomona It is recommended that the City Council introduce and adopt the following ordinance: ORDINANCE NO. 4300 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE POMONA MUNICIPAL CODE BY ADDING ARTICLE XIV TO CHAPTER 30, RELATING TO FRONT-LINE RETAIL ESTABLISHMENT EMPLOYEES IN POMONA, AND ESTABLISHING LABOR STANDARDS AND REQUIREMENTS FOR “HERO” PAY FOR FRONT-LINE RETAIL EMPLOYEES IN POMONA City of Pomona Page 8 Printed on 2/25/2021 City Council / Housing Authority / Regular Meeting Agenda March 1, 2021 Successor Agency to the Redevelopment Agency 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 March 15, 2021 via Teleconference. 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 March 1, 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 February 25, 2021. 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 2/25/2021