City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 5, 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 April 5, 2021 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 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency 5:30 P.M. Via Teleconferene 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: Armory Parking Lot at N/E corner of 7th Street and Park Avenue Negotiating Party: State of California, Department of General Services 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 Fred Sayari; Sayari Enterprises v. City of Pomona, an Incorporated City and Does 1 through 50, Inclusive Los Angeles County Superior Court Case No. BS170504 C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (d)(4)) City of Pomona Page 3 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency Two (2) matter regarding possible litigation to be initiated will be discussed. D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Clerk 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 April 2021 as Earth Month 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. City of Pomona Page 4 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency 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. Adoption of an Ordinance Amending Chapter 2 of the Pomona City Code Establishing a Master Fee Schedule of Certain Regulatory Fees and Service Charges It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4301 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VI OF THE POMONA CITY CODE ESTABLISHING A MASTER FEE SCHEDULE 2. Adoption of a Resolution Establishing the Annual Consumer Price Index (CPI) Adjustment for Business License Taxes, Utility Users’ Maximum Annual Taxes, and Income Levels for Qualifying for Residential Utility Users’ Tax Exemption Eligibility It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADOPTING THE ANNUAL CONSUMER PRICE INDEX (CPI) ADJUSTMENT FOR BUSINESS LICENSE TAXES, UTILITY USERS’ MAXIMUM ANNUAL TAXES, AND INCOME LEVELS FOR RESIDENTIAL UTILITY USERS’ TAX EXEMPTION ELIGIBILITY 3. Authorize San Gabriel Valley Council of Governments (SGVCOG) to Execute a Section 130 Agreement on Behalf of the City and Re-Appropriate Measure M Funds Amongst Two Capital Improvement Projects It is recommended that the City Council take the following actions: 1) Adopt the following resolution: City of Pomona Page 5 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2021-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY UNAPPROPRIATING $100,000 OF MEASURE M FUNDS FROM “SAFETY IMPROVEMENTS - AT-GRADE CROSSINGS,” PROJECT NO. 428-2590-XXXXX-68551 AND APPROPRIATING $100,000 OF MEASURE M FUNDS TO “TRAFFIC SIGNAL IMPROVEMENTS - TOWNE AVENUE & PHILADELPHIA STREET AND GAREY AVENUE & PHILADELPHIA STREET,” PROJECT NO. 428-2590-XXXXX-68549 2) Amend the FY 2020-21 CIP by modification of the project description for CIP project, “Safety Improvements - At-Grade Crossings,” Project No. 428-2590-XXXXX- 68551 to read as follows: In-lieu of constructing a grade separation at Hamilton Boulevard, this project will improve at-grade pedestrian crossing safety at Hamilton Boulevard, Park Avenue, Main Street, Palomares Street and San Antonio Avenue. The proposed improvements will consist of pedestrian gates, fencing to channel pedestrians to the gates and, related street and drainage improvements to enhance pedestrian safety at these railroad crossings. Phase 1 - San Antonio Avenue funded by Section 130; Phase 2 - Hamilton Boulevard, Park Avenue, Main Street and Palomares Street - unfunded. **This CIP project is for required plan check, related staff time and procurement of equipment. The Public Works Department has entered into agreements with SGVCOG (formerly ACE) for: cost reimbursement and other financial responsibilities related to City requested betterments. 3) Award sole source open purchase orders to Ameron Pole Products and McCain, Inc . for the purchase of traffic signal materials and equipment for the duration of the Section 130 Agreement; and 4) Authorize the San Gabriel Valley Council of Governments (SGVCOG) to execute the Highway Railroad Grade Crossing Safety Program (Section 130) Agreement with Caltrans on behalf of the City as the local agency. 4. Approval of Annual Audit Reports, Fiscal Year Ended June 30, 2020 It is recommended that the City Council receive and file the annual audit reports for fiscal year ended June 30, 2020. 5. Award a Sole Source Contract with Motel 6 Pomona to Provide Emergency Shelter to Homeless Pomona Residents with COVID High-Risk Medical Conditions City of Pomona Page 6 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 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. 2021-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE AWARD OF A CONTRACT WITH MOTEL 6 POMONA FOR A VOUCHER PROGRAM TO PROVIDE EMERGENCY SHELTER TO HOMELESS POMONA RESIDENTS WITH COVID HIGH-RISK MEDICAL CONDITIONS IN AN AMOUNT NOT TO EXCEED $201,000 2) Authorize the City Manager to execute contract award, amendments, and other documentation. 6. Award a Sole Source Contract to Volunteers of America Los Angeles (VOALA) to Operate a Rapid Rehousing (RRH) Program Providing Housing Services to Homeless Pomona Residents with COVID High-Risk Medical Conditions It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE AWARD OF A SOLE SOURCE CONTRACT TO VOLUNTEERS OF AMERICA LOS ANGELES (VOALA) TO OPERATE A RAPID REHOUSING (RRH) PROGRAM PROVIDING HOUSING SERVICES TO HOMELESS POMONA RESIDENTS WITH COVID HIGH-RISK MEDICAL CONDITIONS FOR A TOTAL AMOUNT NOT TO EXCEED $949,445 2) Authorize the City Manager to execute contract award, amendment, and other documentation. 7. Approval of Lot Merger LM9-2020 for the Property Located at 1450 W. Tenth Street, Pomona, CA, Assessor Parcel Numbers 8349-018-070 & -071, and of Lot Line Adjustment LLA5-2020 between the Properties Located at 1450 W. Tenth Street and 1483 W. Eleventh Street, Pomona, CA, Assessor Parcel Numbers 8349-018-070, -071 & -049, related to the Expansion of Two Existing Residential Properties (Council District 2) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: City of Pomona Page 7 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency RESOLUTION NO. 2021-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM9-2020 FOR THE PROPERTY LOCATED AT 1450 W. TENTH STREET, POMONA, CA, ASSESSOR PARCEL NUMBERS 8349-018-070 & -071, AND LOT LINE ADJUSTMENT LLA5-2020 BETWEEN THE PROPERTIES LOCATED AT 1450 W. TENTH STREET AND 1483 W. ELEVENTH STREET, POMONA, CA, ASSESSOR PARCEL NUMBERS 8349-018-070, -071 & - 049 2) Authorize the City Engineer to sign the Lot Merger LM9-2020 and Lot Line Adjustment LLA5-2020 on behalf of the City. 8. Approval of Parcel Map PM No. 82908 for the Property Located at 1095 W. Eight Street, Pomona, CA, Assessor Parcel Number 8342-020-030, Related to the Subdivision and Development of Two Residential Condominium Units (Council District 2) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING PARCEL MAP PM NO. 82908 FOR THE PROPERTY LOCATED AT 1095 W. EIGHTH STREET, POMONA, CA, ASSESSOR PARCEL NUMBER 8342-020-030 2) Authorize the City Engineer to sign the Parcel Map PM No. 82908 on behalf of the City. 9. Approval of Lot Merger LM8-2020 for the Property Located at 1501 E. Holt Avenue, Pomona, CA, Assessor Parcel Numbers 8323-025-018 & -023, Related to the Remodeling and Upgrading of an Existing Commercial Property (Council District 4) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM8-2020 FOR THE PROPERTY LOCATED AT 1501 E. HOLT AVENUE, POMONA, CA, ASSESSOR PARCEL NUMBERS 8323-025-018 & -023 2) Authorize the City Engineer to sign the Lot Merger LM8-2020 on behalf of the City. DISCUSSION CALENDAR City of Pomona Page 8 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency 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. Proposed Pomona City Charter Amendments for Term Limits, Charter Review Commission, and Preamble Being Considered by the Charter Review Commission It is recommended that the City Council review and provide feedback regarding amendments to the City Charter being considered for placement on the ballot in November 2022 by the Charter Review Commission regarding 1) implementing term limits for elected officials; 2) modifying language related to Charter Amendments and the Charter Review Commission; and 3) adding a preamble. PUBLIC HEARINGS 12. Continue Public Hearing and Adopt Resolution Adjusting Pomona Choice Energy Rates It is recommended that the City Council take the following actions: 1) Continue 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 13. Public Hearing to Adopt Resolution Establishing a Citywide Master Fee Schedule It is recommended that the City Council take the following actions: 1) Conduct a Public Hearing to receive testimony and comments regarding the proposed increases and adjustments to new and existing fees for services provided by all City Departments; and 2) Upon conclusion of the Public Hearing, adopt the following resolution: RESOLUTION NO. 2021-08 - A RESOLUTION OF THE CITY COUNCIL OF City of Pomona Page 9 Printed on 4/1/2021 City Council / Housing Authority / Regular Meeting Agenda April 5, 2021 Successor Agency to the Redevelopment Agency THE CITY OF POMONA, CALIFORNIA, APPROVING TO ESTABLISH A CITYWIDE MASTER FEE SCHEDULE 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 April 19, 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 April 5, 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 April 1, 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 4/1/2021