City Council / Housing Authority

City of Pomona 505 South Garey Avenue Pomona, CA 91766 Ibis London City 5 Commercial St., London E1 6BF, UK Regular Meeting Agenda Monday, July 10, 2017 7:00 PM Council Chambers City Council Mayor Tim Sandoval Council Member Rubio R. Gonzalez Council Member Adriana M. Robledo Council Member Cristina Carrizosa Council Member Elizabeth Ontiveros-Cole Council Member Ginna E. Escobar Council Member 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 Regular Meeting Agenda July 10, 2017 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.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. 5:30 P.M. CLOSED SESSIONS Held in the City Council Conference Room adjacent to the Council Chambers on the south side of the building. Public Comment: City of Pomona Page 2 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council prior to the City Council convening into closed session. Comments from the public will be limited to three (3) minutes. No member of the public will be allowed to be present once the City Council convenes into closed session. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) B Legal, Inc., et al. v. City of Pomona, et al. Citizens for Amending Prop L v. City of Pomona Singleton v. City of Pomona CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION One matter regarding litigation to be initiated will be discussed (Pursuant to Government Code Section 54956.9 (d)(4)) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Part Time Unrepresented Employees 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: Linda Lowry and Linda Matthews PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957(b)(1)) City Attorney City Clerk City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 2501 N. Garey Avenue Negotiating Parties: Landmark West Enterprises, LLC; RKR Investors Real Estate Fund, LLC Successor Agency/ City’s Negotiator: Linda Lowry, City Manager Under Negotiation: Price and Terms Property: 1390 E. Mission Blvd. City of Pomona Page 3 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 Negotiating Party: Gene Stalions Trust City’s Negotiator: Linda Lowry, City Manager Under Negotiation: Price and Terms 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 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 – At this time, the public is invited to address the Council concerning any items not on the agenda. In order to address the City Council, each individual must fill out a speaker card, which is available in the lobby of the Council Chambers. Speaker cards must be completed and turned in to the City Clerk at this time. Only those speaker cards turned in to the City Clerk will be allowed to address the City Council. No late cards will be accepted. Each person should state their name and will be allowed to speak once for three minutes. All speakers and persons in the audience must adhere to the City Council Rules of Procedure and Decorum. 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 a Resolution of Intent Re-Setting the Consolidated Citywide Street Lighting and Landscaping Maintenance District Public Hearing Date Regarding Annexation of Additional Territory and the Levy of Annual Assessments to August 7, 2017 RESOLUTION NO. 2017- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, TO ANNEX NEW TERRITORY AND LEVY FISCAL YEAR 2017/18 ASSESSMENTS FOR THE CONSOLIDATED CITYWIDE STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT AND RE-SETTING THE City of Pomona Page 4 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 DATE TO AUGUST 7, 2017 FOR THE PUBLIC HEARING ON THE MATTER Attachments: Staff Report Attachment 1-Resolution Attachment 2- Engineers Report 2. Approval of Second Amendment to a Sole-Source Professional Services Agreement with Urban Crossroads, Inc. in the Amount of $24,000 for Consultant Specialty Traffic Review Services Related to the Metro Gold Line Attachments: Staff Report Attachment 1 - Map 3. Adoption of a Resolution Approving Tract Map TM 73135 for the Property Located at 855 E. Phillips Boulevard, Pomona, CA, Assessor Parcel Number 8333-028-031, Related to the Subdivision for the Barcelona Association Project - 36 Condominium Units (Council District 3) RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TRACT MAP TM 73135 FOR THE PROPERTY LOCATED AT 855 E. PHILLIPS BOULEVARD Attachments: Staff Report Attachment 1 - Resolution EXHIBIT "A" Attachment 2- PC Reso Reso CUP Attachment 3 - PC Reso Reso TTM Attachment 4 - PC RES. 16-015 CZ Attachment 5 - CC Ordinance No. 4227 Attachment 6 - Vicinity Map Attachment 7 - Aerial Map 4. Adoption of a Resolution Approving a Purchase & Sale Agreement with Optimax Irrevocable Trust I and Private Eq. Irrevocable Trust II for the sale of Successor Agency Property known as Mission Promenade - 101 West Mission Boulevard in Pomona, California (APN’s 8341-008-912, 913, 914 & 915) - Council District 1 RESOLUTION NO. SA 2017 - A RESOLUTION OF THE CITY COUNCIL, SITTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF POMONA, CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT FOR THE PROPERTY KNOWN AS MISSION PROMENADE - 101 WEST MISSION BOULEVARD IN POMONA, CALIFORNIA, (APN’S 8341-008-912, 913, 914 & 915) - TO OPTIMAX IRREVOCABLE TRUST I AND PRIVATE EQ. IRREVOCABLE TRUST II, FOR THE PURCHASE PRICE OF $6,000,000 City of Pomona Page 5 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 Attachments: 071017 SA sale of MP1 final (Clean).doc 071017 reso SA sale of MP1.doc 071017 PSA attach Mission Prom Optimax Sen Rev 6-27-17 Cln.docx 5. Adoption of a Resolution Approving Agreements with Cal-Trans for Reimbursement of City Costs Related to “Major Street Rehabilitation - Citywide (FY 13-14 to FY 15-16),” Project No. 428-2590-XXXXX-68548, and Award of a Construction Contract in the Amount of $2,750,939 to Gentry Brothers, Inc. for Active Transportation Plan Improvements RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE ADMINISTERING AGENCY-STATE PROGRAM SUPPLEMENT AGREEMENT NO. 018-F (ALSO KNOWN AS F018) AND A REPLACEMENT MASTER AGREEMENT BETWEEN CALTRANS AND THE CITY OF POMONA FOR FEDERAL AND STATE FUNDED PROJECTS FOR REIMBURSEMENT OF CITY COSTS BY CALTRANS FOR “MAJOR STREET REHABILITATION - CITYWIDE (FY 13-14 TO FY 15-16),” PROJECT NO. 428-2590-XXXXX-68548 (ALSO KNOWN AS CALTRANS PROJECT: PRIORITY IMPLEMENTATION FOR DOWNTOWN BICYCLE AND PEDESTRIAN IMPROVEMENTS; PROJECT NO. ATPL-5070 (032) (ATP01-07-127S) LA0G1135); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ADMINISTERING AGENCY-STATE PROGRAM SUPPLEMENT AGREEMENT NO. 018-F, REPLACEMENT MASTER AGREEMENT AND ALL SUBSEQUENT MODIFICATIONS TO SAID AGREEMENT ON BEHALF OF THE CITY Attachments: Staff Report Attachment 1 - Resolution Attachment 2 - ATP Bulbouts Intersections Map Attachment 3 - Bulb Out Plans Attachment 4 - Previous Related Council Action.docx 6. Second Reading and Adoption of an Ordinance approving Specific Plan Amendment (SPA 6115-2016) to apply Urban Neighborhood Expansion Zone regulations to a property located at 203 Myrtle Street, that is within the Urban Neighborhood Expansion Zone, but is not contiguous with a property within the Pomona Corridor Specific Plan (PCSP) Area ORDINANCE NO. 4235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT (SPA 6115-2016) TO APPLY URBAN NEIGHBORHOOD EXPANSION ZONE REGULATIONS TO A PROPERTY THAT IS WITHIN THE URBAN NEIGHBORHOOD EXPANSION ZONE, BUT IS NOT CONTIGUOUS WITH A PROPERTY WITHIN THE POMONA CORRIDORS SPECIFIC PLAN (PCSP) AREA FOR PROPERTY LOCATED AT 203 City of Pomona Page 6 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 MYRTLE STREET Attachments: Staff Report City Council Ordinance for SPA 6114-2016 (1 of 3) PCSPextg Fig. 2.1.pdf PCSPrev Fig. 2.1b.pdf City Council Staff Report 6-5-17 203 Myrtle Avenue 7. Adopt a Resolution Approving the Annual Report for the Downtown Pomona, Property and Business Improvement District (PBID) and Levying the Assessments for Fiscal Year 2017-2018 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE ANNUAL REPORT SUBMITTED BY THE DOWNTOWN POMONA OWNERS’ ASSOCIATION FOR THE DOWNTOWN POMONA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2017-2018 AND LEVYING THE ASSESSMENTS FOR FY 2017-2018 Attachments: 071017 PBID Staff Rpt annual report 2017 -18.doc 071017 PBID annual report Reso 17-18.doc 071117 DPOA Annual Report 2017-2018.doc 071017 Map - DPOA Annual Report.pdf 8. Approve the Purchasing Maintenance and Hardware Supplies from Home Depot, under a Cooperative Agreement through U. S. Communities. Attachments: Council Report - Home Depot.doc 9. Second Reading and Adoption of an Ordinance Amending Pomona City Code Section 2-522 to Reconcile Conflict with City Charter Section 801 Pertaining to Council Votes Required for Removal of Commissioners ORDINANCE NO. 4236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE POMONA CITY CODE BY REPEALING SECTION 2-522 PERTAINING TO THE REMOVAL OF COMMISSIONERS Attachments: 2nd Reading of Ord Amending PCC sec 2-522.doc Ord Amending PCC 5-22 Regarding Vote for Commissioner Removal.doc 10. Adoption of a Finding of Public Convenience or Necessity (PCN) related to Conditional Use Permit (CUP 7445-2017) to allow the sale of beer and wine for off-site consumption at a proposed new gas station located at 805 Rio Rancho Road within a shopping center located in the C-4 (Highway Commercial) zoning district RESOLUTION NO. 2017 - City of Pomona Page 7 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF BEER AND WINE (ABC LICENSE TYPE 20) FOR OFF SITE CONSUMPTION AT A PROPOSED GAS STATION AND CONVENIENCE STORE ON A PROPERTY LOCATED AT 805 RIO RANCHO ROAD OR RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DENYING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF BEER AND WINE (ABC LICENSE TYPE 20) FOR OFF SITE CONSUMPTION AT A PROPOSED GAS STATION AND CONVENIENCE STORE ON A PROPERTY LOCATED AT 805 RIO RANCHO ROAD Attachments: Staff Report Approval Resolution Denial Resolution Planning Commission Staff Report 6-14-17: 805 Rio Rancho Road 7445-2017 Draft Approval Planning Commission Resoluton 805 Rio Rancho Road Planning Commission Minutes 06-16-17.pdf 11. Approval of Sole Source agreement with Ledgent Staffing Co. for the Project Manager relating to CIP project #71048 “Financial Software Project” and amendment of Purchase Order 101936 Attachments: Staff Report Pomona - Project Manager.doc DISCUSSION CALENDAR 12. Discussion and Possible Direction Whether to Change the Plans for “Phillips Paw Park,” Project No. 428-2590-XXXXX-71033, and Amend the Construction Contract with C. S. Legacy Construction, Inc., Accordingly Attachments: Staff Report Attachment 1-Alternative 2.pdf Attachment 1-Alternative 3.pdf Attachment 1-Alternative 4.pdf Attachment 1-Alternative 5.pdf Attchment 2 - Prior Actions History Attachment 3 - Fiscal Impact Additional Details 13. Finding of Public Benefit to the Community at Large for Recommended Expenditures and Recap of Approved Funds City of Pomona Page 8 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 CURRENT REQUESTS: A) Amount to be determined to The Learning Centers at Fairplex in support of the Big Yellow Bus Program - Requested amount: TBD B) Amount to be determined to the Claremont Symphony to cover Community Services fees for their annual summer concert series - Requested amount : $750.00 Attachments: FOPB Staff Report Attachments 1-3 PUBLIC HEARINGS 14. Conduct a Public Hearing on the Appeal of Historic Preservation Commission ’s Approval of the Major Certificate of Appropriateness (MAJCOA 5720-2016) and Design Plan for Capital Improvement Project “ADA Ramps and Sidewalks Compliance Program - Citywide (Phase II - Lincoln Park),” Project No. 428-2590-XXXXX-81055 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, REPEALING HISTORIC PRESERVATION RESOLUTION NO. XXX APPROVING MAJOR CERTIFICATE OF APPROPRIATENESS (MAJCOA 5720-2016) AND RELATED DESIGN PLAN AND APPROVE MAJCOA 5720-2016 WITH AN ALTERNATIVE DESIGN PLAN FOR “ADA CURB RAMPS AND SIDEWALKS COMPLIANCE PROGRAM-CITYWIDE [PHASE II - LINCOLN PARK],” PROJECT NO. 428-2590-XXXXX-81055 Attachments: ADA Lincoln Park MAJCOA Appeal BJ Reso HPC Appeal 7-10-17 REV Attachment 2A - HPC Approved Plan Attachment 2B - P&R Approved Plan Attachment 2C - Recommended Plan Attachment 3 - Vicinity Map Aerial Attachment 4 - Lincoln Park Presentation 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 July 17, 2017 in the City Council Chambers, 505 S. Garey Avenue, Pomona, California. 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, Eva M. Buice, City Clerk for the City of Pomona, hereby certify that the agenda for the July 10, 2017 meeting of the City Council was posted in City Hall, near the door of the City Council Chambers and City Council Conference City of Pomona Page 9 Printed on 7/6/2017 City Council Regular Meeting Agenda July 10, 2017 Room, and on the City’s website www.ci.pomona.ca.us on July 6, 2017. I declare under the penalty of perjury that the foregoing is true and correct. ________________________________ City Clerk City of Pomona Page 10 Printed on 7/6/2017