City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, April 19, 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 19, 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 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency 5:30 P.M. Via Teleconference 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 - ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (d)(4)) One (1) matter regarding possible litigation to be initiated will be discussed. B) 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. Via Teleconference CALL TO ORDER City of Pomona Page 3 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1. Proclamation Proclaiming April 2021 as “DMV/Donate Life California Month” 2. Certificate of Recognition for Pomona Vaccine Providers 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: March 15, 2021 Meeting Minutes March 22, 2021 Meeting Minutes March 29, 2021 Meeting Minutes City of Pomona Page 4 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency March 31, 2021 Meeting Minutes April 1, 2021 Meeting Minutes 2. Approval of Service Retirement and Agreement to Release Police Service Dog “Jax” to his Police Department Canine Handler It is recommended that the City Council take the following actions: 1) Approve the service retirement and “Agreement to Release Police Service Dog” to his Police Department Canine Handler; and 2) Authorize the Chief of Police to execute all related documents on behalf of the City. 3. Approval of Memorandum of Unrecorded Grant Agreement between the City of Pomona and the California Natural Resources Agency - Urban Greening Program It is recommended that the City Council approve the Memorandum of Unrecorded Grant Agreement (Memorandum) as a condition to Grant No. U29124-0 (Grant) for the construction of “Phil and Nell Soto Park,” Project No. 428-2590-XXXXX-71040. 4. Amendment of the 2020-21 Capital Improvement Program (CIP) Budget by Re-Appropriating Funds and Award of Contract to Courts Construction Company for Hope for Home Shade Structures It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY RE-APPROPRIATING $677,310 OF SERIES “BI (AD LOW MOD)” BOND PROCEEDS FROM THE “EMERGENCY SHELTER ANNEX / WATER UTILITY ACCESS,” PROJECT NO. 428-2590-XXXXX-71053 TO THE “YEAR-ROUND EMERGENCY SHELTER,” PROJECT NO. 428-2590-XXXXX-71044 2) Award of contract to Courts Construction Company for Hope for Home Shade Structures (Project) at the “Year-Round Emergency Shelter,” Project No. 428- 2590-XXXXX-71044, (All Base Bids with Alternative Additives 1, 2 and 3), in the sum of $837,281; 3) Reject the bid protest submitted by Golden Gate Construction as meritless; and, 4) Authorize the City Manager to execute the construction contract and any City of Pomona Page 5 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency subsequent change orders on behalf of the City. 5. Receive and File the Status Update on the City of Pomona “A Way Home: Community Solutions for Pomona’s Homeless” Strategic Plan from 2018 to 2020 It is recommended that the City Council receive a status update on the City ’s “A Way Home: Community Solutions for Pomona’s Homeless” strategic plan document from 2018 to 2020. 6. Adopt Resolution Amending CIP Budget and Award of Contract to Downstream Services, Inc. for the “Storm Drain Inlet Full Capture Trash Devices” It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $303,500 FROM THE SAFE CLEAN WATER PROGRAM (MEASURE W) FUND TO FULLY FUND THE CURRENTLY UNFUNDED “STORM DRAIN INLET FULL CAPTURE TRASH DEVICES,” PROJECT NO. 428-2590-XXXXX-81057 2) Reject the bid from United Storm Water, Inc. as it is non-responsive to the bid specifications; 3) Find that the project is categorically exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301(c) and that the proposed project will not have a significant effect on the environment; 4) Award a construction contract to Downstream Services, Inc. for the “Storm Drain Inlet Full Capture Trash Devices” Project No. 428-2590-XXXXX-81057 (Project) including base bid “A” and additive alternative “B,” in the amount of $252,860; and 5) Authorize the City Manager to execute the construction contract and any necessary amendments and change orders on behalf of the City. 7. Award of a One-Year Sole Source Contract to YMCA of Orange County to Provide Aquatics Services for the 2021 Summer Season in an Amount Not-To-Exceed $205,000 It is recommended that the City Council take the following actions: 1) Award a one-year sole source agreement with the YMCA of Orange County for Aquatics Operations and Maintenance Services for the 2021 summer season in an amount not-to-exceed $205,000; and City of Pomona Page 6 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency 2) Authorize the City Manager or his designee to execute the agreement, following City Attorney approval. DISCUSSION CALENDAR 8. 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. 9. Authorization for Consideration of a Single Historic Landmark Application without Property Owner’s Consent for 841 South Main Street It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO PROCESS A SINGLE HISTORIC LANDMARK APPLICATION FOR 841 SOUTH MAIN STREET WITHOUT PROPERTY OWNER’S CONSENT 10. Approval of Pay Increase for Performance for the City Clerk It is recommended that the City Council take the following actions: 1) Approve a four percent (4%) pay increase effective December 8, 2019 for performance within the existing salary range for the City Clerk; and 2) Approve a four percent (4%) pay increase effective December 6, 2020 for performance within the existing salary range for the City Clerk. 11. Discussion on Development Impact Fees It is recommended that the City Council review the Development Impact Fee (DIF) Report prepared by Willdan Financial Services and the Keyser Marston Associates, Inc. Market Impact Analysis Memorandum and provide direction to staff on any recommended increases to DIF rates and further direct staff to prepare an ordinance for fee adoption. City of Pomona Page 7 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency PUBLIC HEARINGS 12. Approval of Draft FY 2021-2022 Annual Action Plan Funding Recommendations It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE DRAFT FY 2021-2022 ANNUAL ACTION PLAN WITH PROPOSED FUNDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME) AND EMERGENCY SOLUTIONS GRANT (ESG) FEDERAL ENTITLEMENT PROGRAMS 2) Approve funding awards for the Fiscal Year (FY) 2021-2022 Community Development Block Grant and Emergency Solutions Grant Programs; 3) Approve funding recommendations for the FY 2021-2022 Home Investment Partnerships Program; and 4) Approve the inclusion of funding awards in the Annual Action Plan. 13. Introduction and First Reading of an Ordinance Adding Three Parcels Into the Emergency Shelter Overlay District and Amending Requirements for Off-Street Parking Related to “Emergency Shelter” Land Uses 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. 4302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, APPROVING AN AMENDMENT TO THE POMONA ZONING CODE TO INCLUDE AN ADDITIONAL THREE (3) PARCELS INTO THE EMERGENCY SHELTER OVERLAY (“ES” OVERLAY ZONING DISTRICT) AND AMEND OFF-STREET PARKING REQUIREMENTS FOR “EMERGENCY SHELTER” LAND USES 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 May 3, 2021 via teleconference. Closed Session items will be discussed City of Pomona Page 8 Printed on 4/15/2021 City Council / Housing Authority / Regular Meeting Agenda April 19, 2021 Successor Agency to the Redevelopment Agency 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 19, 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 15, 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 4/15/2021