City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, December 20, 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 Robert S. Torres Councilmember John Nolte Councilmember Victor Preciado Councilmember Nora Garcia Councilmember Elizabeth Ontiveros-Cole Councilmember Steve Lustro 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 December 20, 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.pomonaca.gov. 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 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 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 Assembly Bill 361 and Resolution No. 2021-186 adopted December 6, 2021 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. 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: 501 East Mission Blvd. Block (APN’s: 8335-014-907, 8335-014-910, 8335-014-915, 8335-014-916, 8335-014-919, 8335-014-920 , 8335-014-921) Negotiating Party: National Community Renaissance - CORE City’s Negotiator: James Makshanoff, City Manager Under Negotiation: Price and terms B) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Lucas v. City of Pomona L.A. County Superior Court Case No. 19STCP05618; Court of Appeal, Second Appellate District, Case No. B310777 C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION AND/OR EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9 (d)(2)) One (1) Case 7:00 P.M. Via Teleconference CALL TO ORDER City of Pomona Page 3 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency CLOSED SESSION REPORT PLEDGE OF ALLEGIANCE ROLL CALL MAYOR/COUNCILMEMBER COMMUNICATIONS Reports on conferences, seminars, and regional meetings attended by Mayor and City Council and announcements of upcoming events, and also items for future City Council consideration as requested by Mayor or Members of the City Council. 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 Assembly Bill 361 and Resolution No. 2021-186 adopted December 6, 2021 regarding the Brown Act, please note that comments for Public Participation or for a specific item on the agenda were accepted by email and will be accepted by live comment by Zoom or phone. If you would like to comment please indicate to staff by either using the raise hand feature on Zoom or by dialing *9 if you are calling in via phone. 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: November 15, 2021 Meeting Minutes December 6, 2021 Meeting Minutes 2. Approval of Planned Landscaping for Holt Avenue Reconstruction Projects It is recommended that the City Council approve the planned landscaping for both Holt Avenue reconstruction projects: “Holt Avenue (West) Reconstruction” Project No. 428-2590-XXXXX-71047 and “Holt Avenue (East) Reconstruction” Project No. City of Pomona Page 4 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency 428-2590-XXXXX-71050 (Projects). 3. Receive and File the City of Pomona Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2021 It is recommended that the City Council receive and file the City of Pomona Annual Report on Development Impact Fees as of June 30, 2021. 4. Approval of the Recognized Obligation Payment Schedule (ROPS 22-23) for the Period of July 1, 2022 through June 30, 2023, Approving the Administrative Budget for the Same Period and Authorizing the Transmittal of the ROPS and Administrative Budget to the Oversight Board for Approval It is recommended that the Successor Agency to the former Redevelopment Agency adopt the following resolution: SA RESOLUTION NO. 2021-01 - A RESOLUTION OF THE CITY COUNCIL, SITTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 22-23) FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2023, APPROVING THE ADMINISTRATIVE BUDGET FOR THE SAME PERIOD, AND AUTHORIZING THE TRANSMITTAL OF THE ROPS AND ADMINISTRATIVE BUDGET TO THE OVERSIGHT BOARD FOR APPROVAL 5. Adoption of Updated Urban Forest Management Plan It is recommended that the City Council adopt the updated City of Pomona Urban Forest Management Plan. 6. Amending the FY 2021-22 Operating Budget and Capital Improvement Program (CIP) budget by creating a fully funded CIP Project; and, execute a Transfer Agreement with the Los Angeles County Flood Control District It is recommended that the City Council take the following actions: 1) Adopt the following resolutions: RESOLUTION NO. 2021-192 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES $2,900,000 FROM LOS ANGELES COUNTY FLOOD CONTROL DISTRICT’S SAFE CLEAN WATER - REGIONAL PROGRAM TO THE MEASURE W (SAFE CLEAN WATER PROGRAM) FUND City of Pomona Page 5 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency and, RESOLUTION NO. 2021-193 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FY 2021-22 CAPITAL IMPROVEMENT PROGRAM BUDGET BY CREATING A NEW FULLY FUNDED CIP PROJECT, “FAIRPLEX STORMWATER CAPTURE,” PROJECT NO. 428-2590-XXXXX-81060 AND APPROPRIATING $2,900,000 OF MEASURE W (SAFE CLEAN WATER PROGRAM) FUNDS TO THE NEW PROJECT 2) Authorize the City Manager to execute the attached transfer agreement with the Los Angeles County Flood Control District (District) for the Safe Clean Water (SCW) program - Regional Program. 7. Award a Sole Source Purchase to Staccato Firearms for Specialized/Custom Duty Weapons in an Amount not to exceed $200,378 and approve a Re-Payment Program Plan through Bi-Weekly Payroll Deductions It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2021-183 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A SOLE SOURCE PURCHASE OF SPECIALIZED/CUSTOM DUTY FIREARMS FROM STACCATO FIREARMS IN THE AMOUNT NOT TO EXCEED $200,378 AND APPROVING A RE-PAYMENT PROGRAM PLAN THROUGH BI-WEEKLY PAYROLL DEDUCTION 2) Authorize the City Manager, or designee, to execute all agreements on behalf of the City, in substantially the form submitted, subject to review and approval as to form by the City Attorney. 8. Approval of the Police Department’s Expenditure Plan for the FY 2021-22 Supplemental Law Enforcement Services Account (SLESA), and Amending the FY 2021-22 Operating Budgets by Increasing Revenue Estimates and Appropriations by $355,000 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-184 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE POLICE DEPARTMENT’S EXPENDITURE PLAN FOR THE FY 2021-22 SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT (SLESA), AND AMENDING THE FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS BY $355,000 City of Pomona Page 6 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency 9. Adoption of Resolution to Add Positions of Management Analyst and Program Assistant in the Water Resources Department and Appropriate $91,704 to Fund the Positions It is recommended that that the City Council adopt the following resolution: RESOLUTION NO. 2021-195 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-22 OPERATING BUDGET FOR THE WATER RESOURCES DEPARTMENT BY ADDING TWO POSITION TO AUTHORIZED STAFFING LEVELS AND BY APPROPRIATING $91,704 FROM WATER, SEWER, WATERSHED PROGRAM AND SAFE CLEAN WATER PROGRAM (MEASURE W) AVAILABLE FUND BALANCES 10. City of Pomona Grant Needs Assessment and Grant Forecast It is recommended that the City Council receive and file the City of Pomona Grants Needs Assessment and Grant Forecast as prepared and submitted by Blais and Associates. 11. Adoption of a Resolution Accepting a Donation from the Credit Union of Southern California in the amount of $10,000 for the Pomona Police Santa Cop Program and amending the FY 2020-21 Operating Budget by Increasing Revenue Estimates and Appropriations in the same amount It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-196 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING A DONATION FROM THE CREDIT UNION OF SOUTHERN CALIFORNIA IN THE AMOUNT OF $10,000 FOR THE POMONA POLICE SANTA COP PROGRAM AND AMENDING THE FY 2020-21 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE SAME AMOUNT 12. Adoption of Resolution to Continue Virtual Meetings for City Council and City Board, Commissions and Committees Due to the COVID-19 Pandemic Pursuant to Assembly Bill 361 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-197 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS DISCUSSION CALENDAR 13. Finding of Public Benefit to the Community at Large-Recommended Expenditure(s) and City of Pomona Page 7 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency 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. 14. Consideration to Establish an American Rescue Plan (ARP) City Council Sub-Committee It is recommended that the City Council consider establishing an ARP Sub -Committee consisting of the Mayor, and two (2) council members to assist with the processes to appropriate the ARP funds for the specific programs and projects as set forth in the City Council approved ARP spending plan. PUBLIC HEARINGS 15. Appeal of Major Certificate of Appropriateness No. 16336-2021, HPC Resolution 20-017 for 1694 N. Park Avenue It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-190 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA 16336-2021) FOR THE DEMOLITION OF A FRENCH PROVINCIAL REVIVIAL SINGLE FAMILY STRUCTURE BUILT IN 1924 ON A PROPERTY LOCATED AT 1694 N. PARK AVENUE (APN: 8359-015-002) OR RESOLUTION NO. 2021-191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA 16336-2021) FOR THE DEMOLITION OF A PRE-1945 STRUCTURE LOCATED AT 1694 N. PARK AVENUE 16. Public Hearing - Consideration of a Resolution Approving Conduit Financing for the Mt . San Antonio Gardens Project It is recommended that the City Council conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act Act (TEFRA) and the Internal Revenue Code of 1986 to receive testimony and comments and, upon concluding hearing, adopt City of Pomona Page 8 Printed on 12/14/2021 City Council / Housing Authority / Regular Meeting Agenda December 20, 2021 Successor Agency to the Redevelopment Agency the following resolution: RESOLUTION NO. 2021-194 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY REVENUE BONDS IN A MAXIMUM AGGREGATE ISSUE PRICE OF $55,000,000 FOR THE PURPOSE OF FINANCING COSTS OF IMPROVEMENT TO MT. SAN ANTONIO GARDENS AND CERTAIN MATTERS RELATING THERETO ADJOURNMENT The next Regular Meeting will be held on January 10, 2022 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 December 20, 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.pomonaca.gov on December 14, 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 12/14/2021