City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, January 24, 2022 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 January 24, 2022 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 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 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. 2022-08 adopted January 10, 2022 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representative: Human Resources/Risk Management Director Unrepresented employee: City Attorney, City Clerk, City Manager 7:00 P.M. Via Teleconference CALL TO ORDER 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 of Pomona Page 3 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency City Council. CITY MANAGER COMMUNICATIONS Reports from the City Manager. Emergency Declaration Due to Windstorm of January 21 and 22, 2022 It is recommended that City Council adopt the following resolution: Resolution No. 2022-21- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PROCLAIMING A LOCAL EMERGENCY DUE TO THE WINDSTORM ON JANUARY 21 AND 22, 2022 This item was added at the January 24, 2022 City Council Meeting to be acted upon by Council as an emergency situation as outlined in the Brown Act. Attachments: Emerg Proc Wind 2022 Staff Report Emerg Proc Wind 2022 Att 1 Reso PUBLIC PARTICIPATION Public Participation - In response to the global COVID-19 pandemic and in accordance with California Assembly Bill 361 and Resolution No. 2022-08 adopted January 10, 2022 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 Lot Line Adjustment LLA1-2021, Assessor Parcel Numbers 8327-019-004 and -005, for Improved Business Operations of the Mixed use Property Located at 1330-1344 S. Reservoir Street, Pomona (Council District 3) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2022-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT LINE City of Pomona Page 4 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency ADJUSTMENT LLA1-2021, FOR THE PROPERTIES LOCATED AT 1330-1344 S. RESERVOIR STREET, ASSESSOR PARCEL NUMBERS 8327-019-004 AND -005 2) Authorize the City Engineer to sign the Lot Line Adjustment LLA1-2021 on behalf of the City. Attachments: Staff Report Attachment No. 1 - Proposed Resolution 2022-11 Exhibit 1 Exhibit A Exhibit B Attachment No. 2 - Vicinity Map Attachment No. 3 - Aerial Map 2. Approval of Annual Audit Reports, Fiscal Year Ended June 30, 2021 It is recommended that the City Council receive and file the annual audit reports for fiscal year ended June 30, 2021. Attachments: 2021 ACFR Staff Report.docx Attachment No.1-Annual Comprehensive Financial Report for year ended June 30, 2021 Attachment No.2-The Pomona Housing Authority for year ended June 30, 2021 Attachment No.3-Auditors' letter to Mayor and City Council for year ended June 30, 2021 3. Adoption of an Updated “Policy for Naming of a City Facility” It is recommended that the City Council adopt the "Policy for Naming of a City Facility" to replace the existing “Policy for Naming of Park and Recreation Facilities.” Attachments: Staff Report - City Facility Naming Policy Update Attachment 1 - Policy for Naming of a City Facility Attachment 2 - Current Policy Adopted March 21, 2022 - Redline Version 4. 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. 2022-17 - 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 City of Pomona Page 5 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency Attachments: Virtual Meetings Staff Report 1-24-2022 v2.docx Resolution No. 2022-17.DOCX 5. Adoption of a Resolution Accepting a Donation of One (1) New Police K-9 from the Rotary Club It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE DONATION OF ONE (1) NEW POLICE K-9 IN AN IN-KIND AMOUNT OF $10,500 FROM THE ROTARY CLUB Attachments: Staff Report- K-9 Rotary Club Donation_.docx Attachment No. 1 - Reso. No. 2022-07.doc DISCUSSION CALENDAR 6. 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. Attachments: FOPB Staff Report FOPB Attachments 7. Update Regarding Sidewalk Vending Enforcement Activities It is recommended that City Council take the following actions: 1) View staff’s presentation on sidewalk vending enforcement activities; 2) Review the information contained therein; and 3) Receive and file the report. Attachments: Staff Report PowerPoint Presentation.pptx PUBLIC HEARINGS 8. Adopt Resolution to Allow for an Adjustment of Pomona Choice Energy Rates City of Pomona Page 6 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency It is recommended that the City Council take the following actions: 1) Continue Public Hearing; and 2) Adopt the following resolutions: RESOLUTION NO. 2022-06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, ADJUSTING RATES FOR POMONA CHOICE ENERGY COMMUNITY CHOICE AGGREGATION PROGRAM AND RESOLUTION NO. 2022-09 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, AMENDING the FY 2021-22 OPERATING BUDGET BY APPROPRIATING $2,400,000 FROM WATER FUND RESERVES AND TRANSFERRING $2,400,000 TO THE POMONA CHOICE ENERGY AUTHORITY FUND, APPROVE A PAYBACK SCHEDULE TO THE WATER FUND FROM THE POMONA CHOICE ENERGY AUTHORITY FUND AND AMEND The FY 2021-22 OPERATING BUDGET BY INCREASING REVENUE ESTIMATES AND APPROPRIATIONS IN THE AMOUNT OF $2,400,000 Attachments: Staff Report - Pomona Choice Rate Setting Resolution.docx Attach 1 - Pomona Choice Energy - Rate Resolution.docx Attach 2 - Loan Resolution.docx Attach 3 -Rate Setting PH Notice_01.10.2022.doc 9. Public Hearing Amending the Consolidated Plan, the FY 2021-22 Annual Action Plan and the FY 2021-22 City Operating Budget for Community Development Block Grant (CDBG), Community Development Block Grant Corona Virus (CDBG-CV), HOME Partnerships Program (HOME), Emergency Shelter Grant (ESG), Lead Hazard Reduction and Health Homes (LHRHH), CALHOME Funds, and Appropriating Program Income for CDBG and HOME Programs It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CONSOLIDATED PLAN, THE FISCAL YEAR (FY) 2021-22 ANNUAL ACTION PLAN AND THE FY 2021-22 CITY OPERATING BUDGET BY INCREASING/DECREASING REVENUE ESTIMATES AND APPROPRIATIONS AND REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), COMMUNITY DEVELOPMENT BLOCK GRANT City of Pomona Page 7 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency CORONA VIRUS (CDBG-CV), HOME PARTNERSHIPS PROGRAM (HOME), EMERGENCY SHELTER GRANT (ESG), LEAD HAZARD REDUCTION AND HEALTHY HOMES (LHRHH), CALhome FUNDS AND APPROPRIATING PROGRAM INCOME FOR CDBG AND HOME PROGRAMS Attachments: SR_Mid-Yr Reallocations & Misc Appropriations_1-24-22.docx Attachment 1 - Reso_1-24-22.docx Attachment 2 - Public Notice AD Affidavid 10. Appeal of Minor Certificate of Appropriateness No. 16810-2021 It is recommended that the Council approve one of the two following options: 1) Deny the appeal and uphold the Historic Preservation Commission and Staff ’s decision to deny the request to install a front yard fence on the basis that the proposed location of the fence would enclose a historically open front yard. or 2) Approve the appeal and the request to install the proposed fence as proposed and recommend that Staff issue Minor Certificate of Appropriateness (MINCOA 16810-2021). Attachments: Staff Report Attachment 1 - HPC Staff Report Dated November 3, 2021 Attachment 2 - HPC Minutes of November 3, 2021 Meeting Attachment 3 - HPC Staff Report Dated December 1, 2021 Attachment 4 - Letter of Appeal Attachment 5 - Staff Presentation ADJOURNMENT The next Regular Meeting will be held on February 7, 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 January 24, 2022 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 January 18, 2022. 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 8 Printed on 1/25/2022 City Council / Housing Authority / Regular Meeting Agenda January 24, 2022 Successor Agency to the Redevelopment Agency City of Pomona Page 9 Printed on 1/25/2022