City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, May 17, 2021 7:00 PM Closed Session begins at 5:30 p.m. 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 May 17, 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 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 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 A) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Edil Vazquez and Steve Congalton v. City of Pomona L.A. County Superior Court; Case No. 20STCV15371 Chad Jensen and Michael Neaderbaomer v. City of Pomona L.A. County Superior Court; Case No. 20STCV17625 Vince Terrell v. City of Pomona L.A. County Superior Court; Case No. 20PSCV00677 B) LIABILITY CLAIMS (Pursuant to Government Code Section 54956.95) Claimant: Bill Knight Claim Against: City of Pomona Claimant: Mark Medellin Claim Against: City of Pomona C) CONFERENCE WITH LABOR NEGOTIATORS City of Pomona Page 3 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency (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 CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Presentation on the 2021-2026 Local Hazard Mitigation Plan Update 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. City of Pomona Page 4 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency 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. Second Reading and Adoption of Ordinance Creating a Police Oversight Commission with Duties and Responsibilities by Adding Division 6 to Article 5 of Chapter 2 of the Pomona Municipal Code It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 4303 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CREATING A POLICE OVERSIGHT COMMISSION WITH DUTIES AND RESPONSIBILITIES BY AMENDING THE POMONA MUNICIPAL CODE BY ADDING DIVISION 6 TO ARTICLE 5 OF CHAPTER 2 OF THE POMONA MUNICIPAL CODE 2. Adopt a Resolution to Receive an Additional $206,000 in Elderly Nutrition Grant Funding from the County Of Los Angeles Workforce Development, Aging and Community Services (WDACS) and Amend the FY 2020-21 Operating Budget by Increasing Revenue Estimates and Appropriating $206,000 It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO RECEIVE AN ADDITIONAL $206,000 FROM THE COUNTY OF LOS ANGELES WORKFORCE DEVELOPMENT, AGING AND COMMUNITY SERVICES (WDACS) FOR THE ELDERLY NUTRITION PROGRAM AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $206,000 2) Authorize the City Manager, or his designee, to execute the Third Amendment to the agreement with the County of Los Angeles to receive an additional $206,000 in reimbursement grant funding and any subsequent amendments hereto, following City Attorney approval; and 3) Authorize the increase of the City’s cash match to the Elderly Nutrition Grant in an amount not-to-exceed $99,000. City of Pomona Page 5 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency 3. Amendment of the FY 2020-21 Capital Improvement Program (CIP) Budget and Award an Agreement to RJM Design Group for Preparation of the Parks and Facilities Master Plan It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $250,000 OF GRANT FUNDS FROM THE LOS ANGELES COUNTY REGIONAL PARKS AND OPEN SPACE DISTRICT MEASURE A PROGRAM TO FULLY FUND THE CURRENTLY UNFUNDED “PARKS AND FACILITIES MASTER PLAN,” PROJECT NO. 428-2590-XXXXX-71072 2) Award a Professional Services Agreement with RJM Design Group in an amount not-to-exceed $250,000 for the preparation of the Parks and Facilities Master Plan; and 3) Authorize the City Manager to execute the Agreement on behalf of the City, subject to review by the City Attorney 4. Amendment of the FY 2020-21 Capital Improvement Program (CIP) Budget by Appropriating $72,000 of Highway Safety Improvement Program (HSIP) Grant Funds to “Local Roadway Safety Plan (LRSP),” Project No. 428-2590-XXXXX-68570 It is recommended that the City Council take the following action: 1) Adopt the following resolution: RESOLUTION NO. 2021-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING HSIP GRANT FUNDS, INCREASING REVENUE ESTIMATES AND APPROPRIATING $72,000 OF HSIP GRANT FUNDS TO “LOCAL ROADWAY SAFETY PLAN (LRSP),” PROJECT NO. 428-2590-XXXXX-68570 2) Approve Program Supplemental Agreement between Caltrans and the City of Pomona to receive $72,000 of Highway Safety Improvement Program (HSIP) Grant Funds for “Local Roadway Safety Plan (LRSP),” Project No. 428-2590-XXXXX- 68570; and City of Pomona Page 6 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency 3) Authorize the City Manager to execute the Program Supplement Agreement and any related documents to effectuate said Agreements on behalf of the City. 5. Approve Measure M Multi-Year Subregional Program (MSP) Funding Agreement and Appropriate $1,428,876 of MSP Grant Funds to “Bike Path - San Jose Creek,” CIP Project No. 428-2590-XXXXX-58072 It is recommended that the City Council take the following action: 1) Adopt the following resolution: RESOLUTION NO. 2021-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA AMENDING THE FY 2020-21 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY ACCEPTING MEASURE M MULTI-YEAR SUBREGIONAL PROGRAM (MSP) GRANT FUNDS, RAISING REVENUE ESTIMATES AND APPROPRIATING $1,428,876 OF MSP GRANT FUNDS TO “BIKE PATH - SAN JOSE CREEK,” PROJECT NO. 428-2590-XXXXX-58072 2) Authorize the City Manager to execute the Los Angeles County Metropolitan Transportation Authority (MTA) agreement to accept MSP grant funds for “Bike Path - San Jose Creek,” Project No. 428-2590-XXXXX-58072. 6. Award of Contract to Otto Environmental Systems, North America, Inc. for Purchase of Refuse Containers It is recommended that the City Council take the following actions: 1) Award a contract to Otto Environmental Systems, North America, Inc. for as-needed purchase of refuse containers through a cooperative purchase agreement that was executed by the City of Sacramento through January 19, 2022; and 2) Authorize the City Manager, or designee, to approve the agreement, purchase orders, and any extensions thereto, on behalf of the City. 7. Approval of Lot Merger LM10-2020 for the Property Located at 1947 Yorba Drive, Pomona, CA, Assessor Parcel Numbers 8359-003-006 & -007, Related to the Future Expansion of an Existing Residential Property (Council District 6) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM10-2020 FOR City of Pomona Page 7 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency THE PROPERTY LOCATED AT 1947 YORBA DRIVE, POMONA, CA, ASSESSOR PARCEL NUMBERS 8359-003-006 & -007 2) Authorize the City Engineer to sign the Lot Merger LM10-2020 on behalf of the City. 8. Authorizing the Acceptance of $133,100 in Grant Funds for Operation of State Emergency Rental Assistance Program Supportive Services It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF $133,100 IN FEDERAL GRANT FUNDS PASSED THROUGH THE STATE OF CALIFORNIA FOR OPERATION OF STATE EMERGENCY RENTAL ASSISTANCE SUPPORT PROGRAM; AMEND THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATING $33,000 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 State Emergency Rental Assistance Support Program, subject to approval as to form by the City Attorney. 9. Award of Contract to Blais & Associates, LLC for Grants Writing Services It is recommended that the City Council take the following actions: 1) It is recommended that the City Council award a two-year agreement with three one-year renewal options with Blais & Associates, LLC to provide grant writing services to the City of Pomona, in an amount not to exceed $140,000; and 2) Authorize the City Manager or his designee to execute the agreement, following City Attorney approval. 10. Extension of Temporary Emergency Directives to Suspend Water Utility Bill Late Fees and Water Shut-Offs through June 30, 2021 and Resumption of Utility Bill Late Fees and Shut-Offs for Charges Incurred On or After July 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 the suspension of late payment penalties or fees for delinquent City of Pomona Page 8 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency utility (water, sewer, and solid waste) bills through June 30, 2021; 2) Approve extending the 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 June 30, 2021; 3) Direct staff to resume utility billing late fees and shut-offs for delinquent utility bills for utility charges incurred on or after July 1, 2021; and 4) Direct staff to assist customers with payment plans to address delinquent payments and have utility bill assistance program referrals available. DISCUSSION CALENDAR 11. 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 12. Public Hearing Adopting the FY 2021-2022 Annual Action Plan Funding with Funding Recommendations It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-23 - 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 final award recommendations for the FY 2021-2022 CDBG Program; 3) Approve final award recommendations for the FY 2021-2022 HOME Program; City of Pomona Page 9 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency 4) Approve final award recommendations for the FY 2021-2022 ESG Program; 5) Approve awarding $57,000 in Emergency Solution Grant to Volunteers of America Los Angeles, under the current site operator agreement for the Hope for Home Service Center; 6) Approve the inclusion of funding awards in the Annual Action Plan; 7) Adopt the FY 2021-2022 Annual Action Plan as amended by item 6 above; and 8) Authorize the City Manager to execute appropriate applications and certification documents for the Annual Action Plan for submittal to the U .S. Department of Housing and Urban Development (HUD). 13. Approve an Amendment to the Consolidated Plan and the Fiscal Year (FY) 2020-21 Annual Action Plan to Re-Appropriate Community Development Block Grant Coronavirus (CDBG-CV) Funds It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN AND THE FISCAL YEAR (FY) 2020-21 ANNUAL ACTION PLAN TO RE-APPRORIATE $200,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS (CDBG-CV) FUNDS TO FUND COVID-19 INFORMATION AND REFERRAL SERVICES 14. Establishment of Policies Regarding the Payment of Development Impact Fees It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ESTABLISHING POLICIES REGARDING THE PAYMENT OF DEVELOPMENT IMPACT FEES 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 June 7, 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 May 17, 2021 City of Pomona Page 10 Printed on 5/12/2021 City Council / Housing Authority / Regular Meeting Agenda May 17, 2021 Successor Agency to the Redevelopment Agency 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 May 12, 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 11 Printed on 5/12/2021