City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, March 15, 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 15, 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. 5:00 P.M. Via Teleconference City of Pomona Page 2 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: City/VPD Lots 6 and 7, the “Gist” Building and the Adjacent Vacant Lot in Downtown Pomona (APN’s: 8341-004-902, 8341-003-901, 8341-003-902 , 8341-003-909, 8341-003-908, 8341-003-907 , 8341-003-906, 8341-003-905, 8341-003-904 , 8341-003-903, 8341-003-902) Negotiating Party: Maya Cinemas North America, Inc. City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms B) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Rochelle and Jerry Bryant v. City of Pomona, et al. U.S. District Court, Central District - Case No. 2:21-cv-00578-RGK (JPRx) Humane Society of Pomona Valley, Inc. dba Inland Valley Humane Society and SPCA v. City of Pomona Los Angeles County Superior Court Case No. KC067113 C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (d)(4)) One (1) matter regarding possible litigation to be initiated will be discussed. City of Pomona Page 3 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager E) 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. Reconvene in the Council Chambers CALL TO ORDER CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1. Proclamation Proclaiming March 2021 as National Nutrition Month 2. Proclamation Proclaiming March 2021 as Red Cross Month 3. Presentation from the Pomona Chamber of Commerce on their Activity Report 4. Presentation by Public Works Director Rene Guerrero on the Active Transportation Plan (ATP) Update MAYOR/COUNCILMEMBER COMMUNICATIONS City of Pomona Page 4 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency 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: February 22, 2021 Meeting Minutes March 1, 2021 Meeting Minutes 2. Second Reading and Adoption of Ordinance Amending 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 adopt 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) 3. Second Reading and Adoption of Ordinance Updating the City of Pomona’s Records Retention Schedule City of Pomona Page 5 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council adopt 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 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 4. Adoption of a Resolution Accepting the FY 2020-21 State of California’s Tobacco Law Enforcement Grant Award in the Amount of $406,989 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE FY 2020-21 TOBACCO GRANT IN THE AMOUNT OF $406,989 AND AMENDING THE FY 2020-21 OPERATING BUDET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS 5. Amendment of the FY 2020-21 Capital Improvement Program (CIP) Budget by Re-appropriating Funds, Changing Project Description and Awarding a Construction Contract It is recommended that the City Council take the following actions: 1) Adopt the following resolution (Attachment No. 1): RESOLUTION NO. 2021-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY REAPPROPRIATING $300,000 OF SB-1 FUNDS FROM “STREET PRESERVATION - LOCAL CITYWIDE (FY19-20),” PROJECT NO. 428-2590-XXXXX-68561 TO “STREET PRESERVATION - LOCAL (FY 20-21),” PROJECT NO. 428-2590-XXXXX-68562; AND AMENDING THE PROJECT DESCRIPTION; and 2) Award a construction contract to Gentry Brothers, Inc. for “Street Preservation - Local (FY 20-21),” Project No. 428-2590-XXXXX-68562, (All Base Bid Schedules A, B, C, and Additive Alternate 1), in the sum of $1,644,001.44; 3) Find that the project referenced above is categorically exempt from the City of Pomona Page 6 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; and 4) Authorize the City Manager to execute the construction contract and any subsequent change orders on behalf of the City. 6. Adoption of a Resolution Accepting the 2019 State Homeland Security Grant Program (SHSGP) Sub-Recipient Award It is recommended that the City Council adopt the following actions: RESOLUTION NO. 2021-27- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE 2019 STATE HOMELAND SECRUTIY GRANT IN THE AMOUNT OF $51,789 AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS 7. Resolution Authorizing David Taussig and Associates, Inc. D/B/A DTA as the Engineer of Record for FY 2021-22 and Ordering the preparation of the 2021-22 Engineer’s Report for the Consolidated Citywide Street Lighting and Landscaping Maintenance District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING DAVID TAUSSIG AND ASSOCIATES, INC. D/B/A DTA AS THE ENGINEER OF RECORD FOR FY 2021-22 AND ORDERING THE PREPARATION OF THE 2021-22 ENGINEER’S REPORT FOR THE CONSOLIDATED CITYWIDE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT 8. Extension of Temporary Emergency Directives for Suspension of Water Shut Offs, Utility Bill Late Fees and Enforcement of Certain Non-Safety Parking Violations and Resumption of All Parking Enforcement Beginning May 1, 2021 It is recommended that the City Council take the following actions to extend the temporary emergency directives issued by the Director of Emergency Services: 1) Approve extending 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 May 31, 2021; 2) Approve extending suspension of late payment penalties or fees for delinquent utility (water, sewer, and solid waste) bills through May 31, 2021; and City of Pomona Page 7 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency 3) Approve extending suspension of parking enforcement for non -safety street sweeping and preferential parking permit violations in residential areas through April 30, 2021, and directing staff to prepare to resume all parking enforcement activities effective May 1, 2021. 9. Approve Entering into a Long-Term Renewable Energy Agreement and Future Agreements on behalf of Pomona Choice Energy It is recommended that the City Council take the following actions: 1) Approve and authorize the City Manager to execute a Long-Term Renewable Energy Agreement with Duran Mesa Wind LLC on behalf of Pomona Choice Energy; and 2) Authorize the City Manager, or his designee, to execute future energy agreements through FY 2021-22. 10. 2013-2021 Housing Element Annual Progress Report (APR) for the 2020 Reporting Period It is recommended that the City Council review the 2020 Annual Progress Report (APR) for the 2013-2021 Housing Element and direct staff to submit the report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR). 11. Approval of a Lease Agreement with the Kennedy Austin Foundation for a Community Cultural Center at 406 West 2nd Street It is recommended that the City Council authorize the City Manager to execute a Lease Agreement. DISCUSSION CALENDAR 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. 13. Introduction an Ordinance Amending Chapter 2 of the Pomona City Code Establishing a Master Fee Schedule of Certain Regulatory Fees and Service Charges City of Pomona Page 8 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance: ORDINANCE NO. 4301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 2 OF THE POMONA CITY CODE ESTABLISHING A MASTER FEE SCHEDULE 14. Appeal of Minor Certificate of Appropriateness No. 15278-2021 It is recommended that the Council approve one of two following options: 1) Uphold the Historic Preservation Commission’s decision to uphold Staff’s decision to deny the request to remove the trees on the basis that the trees are character-defining landscaping that are neither a danger to public welfare nor dead or diseased trees; OR 2) Approve the appeal and recommend to Staff an appropriate replacement ratio, species, and cost/in-lieu fee for replacement of the trees. PUBLIC HEARINGS 15. Approval of the City of Pomona Housing Authority’s FY 2021-22 Annual Plan and the Revised Administrative Plan for Submission to the U.S. Department of Housing and Urban Development (HUD) It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority, take the following actions: 1) Conduct a Public Hearing for the City of Pomona Housing Authority’s Annual Plan for FY 2021-22 and Administrative Plan to receive testimony and comments; 2) Adopt the following resolution: RESOLUTION NO. 2021-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA SITTING AS THE GOVERNING BOARD OF THE POMONA HOUSING AUTHORITY, APPROVING THE PUBLIC HOUSING AGENCY CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN, THE CERTIFICATION OF COMPLIANCE WITH THE PUBLIC HOUSING AUTHORITY ANNUAL PLAN AND SUBMISSION OF THE REVISED POMONA HOUSING AUTHORITY ADMINISTRATIVE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 16. Adjustment to the Pomona Choice Energy Rates City of Pomona Page 9 Printed on 3/10/2021 City Council / Housing Authority / Regular Meeting Agenda March 15, 2021 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing; and 2) Adopt the following resolution: RESOLUTION NO. 2021-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADJUSTING RATES FOR POMONA CHOICE ENERGY COMMUNITY CHOICE AGGREGATION PROGRAM MATTERS INITIATED BY CITY COUNCILMEMBERS Items for future City Council consideration as requested by Mayor or Members of the City Council ADJOURNMENT The next Special Meeting will be held on March 22, 2021 via Teleconference. The Budget Study 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 15, 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 March 10, 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 10 Printed on 3/10/2021