City Council / Housing Authority

City of Pomona 505 S. Garey Ave. Pomona, CA 91766 Regular Meeting Agenda Monday, September 18, 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 September 18, 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. City of Pomona Page 2 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 Public Comment: 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. A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Pursuant to Government Code Section 54956.9 (d)(1)) Oliney v. City of Pomona Barden v. City of Pomona, et al. Tessier v. City of Pomona City of Gardena v. Regional Water Quality Board - Los Angeles Region and State Water Resources Control Board Sayari v. City of Pomona B. CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Part Time 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 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8) Property: 1300 S. Reservoir Street Negotiating Party: Yum Yum Donut Shops, Inc. Successor Agency’s Negotiator: Linda Lowry, City Manager Under Negotiation: Price and Terms Property: 400 E. Fourth Street Negotiating Party: 2014 SANTACRUZ Trust and Shield of Faith Housing Authority’s City of Pomona Page 3 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 Negotiating Party: Linda Lowry, City Manager Under Negotiation: Price and Terms D. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Two matters regarding possible litigation to be initiated will be discussed (Pursuant to Government Code Section 54956.9 (d)(4)) 7:00 P.M. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS A. Approve and Present a Proclamation - Pomona Reads Day! Attachments: Staff Report - Proclamation 09-18-17 pomona Reads 09-18 Pomona Reads 2017 Proclamation B. Community Services 2017 Summer Programming C. Receive and File a Pavement Management Program Presentation Update Attachments: Staff Report Attachment 1 117-694 PMP Council Presentation v5.0 7-18-17F.pptx 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. City of Pomona Page 4 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 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. Adopt a Resolution Approving Pomona’s Streets Lists as a Requirement for the Road Repair and Accountability Act of 2017 (SB-1/RMRA) and Amending the 2017-18 Operating and Capital Improvement Program (CIP) Budgets to Appropriate Funding in the Amounts of $179,645 for Public Works Operations and $2,341,910 for “Street Preservation - Local Citywide (FY 17-18),” CIP Project No. 428-2590-XXXXX-68558 RESOLUTION NO. 2017 -129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BY AMENDING THE DESCRIPTION OF “STREET PRESERVATION - LOCAL CITYWIDE (FY 17-18)” PROJECT NO. 428-2590-XXXXX-68558 TO INCLUDE THE STREET PROJECTS LIST REQUIRED TO RECEIVE SB-1 FUNDING; APPROPRIATING $717,860 OF SB-1/RMRA FUNDING AND $1,624,050 OF MEASURE M FUNDING TO THE PROJECT; AMENDING THE FY 17-18 PUBLIC WORKS OPERATING BUDGET BY APPROPRIATING $179,465 OF SB-1/RMRA FUNDS FOR QUALIFIED EXPENDITURES AND APPROVING SUBMITTAL OF THE STREET PROJECTS LIST TO THE CALIFORNIA TRANSPORTATION AUTHORITY TO BE ELIGIBLE FOR SB-1/RMRA FUNDING Attachments: Staff Report Attachment 1 - Resolution EXHIBIT A-1 List Sb-1 8-21-17 EXHIBIT A-2 MEASURE M, GAS TAX, SB-1 EXHIBIT A-3 Op Account Info (F).pdf EXHIBIT A-4_Operational Item List.pdf Attachment 2 - Maps 2. Adopt a Resolution Approving Lot Merger LM5-2017 of Portion of Block 202, Pomona Tract, Recorded in Book 3, Pages 96 and 97 of Miscellaneous Records, County of Los Angeles, and Portion of Parcel 2, Record of Survey Map Recorded in Book 76, Page 95, County of Los Angeles, Assessor Parcel Numbers 8326-021-004 and -028, for an Automotive Service Station Reestablishment at 1040 E. Holt Avenue, Pomona, CA (Council District 4) RESOLUTION NO. 2017 -130 City of Pomona Page 5 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING LOT MERGER LM5-2017 OF PORTION OF BLOCK 202, POMONA TRACT, RECORDED IN BOOK 3, PAGES 96 AND 97 OF MISCELLANEOUS RECORDS, COUNTY OF LOS ANGELES, AND PORTION OF PARCEL 2, RECORD OF SURVEY MAP RECORDED IN BOOK 76, PAGE 95, COUNTY OF LOS ANGELES, ASSESSOR PARCEL NUMBERS 8326-021-004 AND -028, FOR AN AUTOMOTIVE SERVICE STATION REESTABLISHMENT AT 1040 E. HOLT AVENUE, POMONA, CA Attachments: Staff Report Attachment 1 - Resolution EXHIBIT 1 - Notice of Lot Merger EXHIBIT "A" - Legal Description Exhibit B - Plat Plan.pdf Attachment 2 - PC Reso 14-038 Attachment 3 - Vicinity Map Attachment 4 - Aerial Map 3. Adopt a Resolution Approving and Agreeing to the “Assurances and Understandings Regarding Receipt and Use of Measure M Local Return Funds” RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND AGREEING TO THE “ASSURANCES AND UNDERSTANDINGS REGARDING RECEIPT AND USE OF MEASURE M LOCAL RETURN FUNDS” Attachments: Staff Report Attachment 1- Resolution EXHIBIT A - Assurances and Understandings Attachment 2 - Expenditure List 4. Approve an Amendment to the Agreement with the Middle Santa Ana River Total Maximum Daily Load (MSAR TMDL) Task Force Attachments: MSAR TMDL Task Force Amend 1 Attach 1_Amendment 1 Attach 2 Exhbit A_MSAR TMDL Task Force 2012 Agmt 5. Approval of an Amendment to the East San Gabriel Valley Watershed Management Group Cooperative Agreement to Change the Lead Agency from the City of Claremont to the City of Pomona; Award a Sole Source Professional Services Agreement to Stantec Consulting Services Inc., in the total amount of $506,638 for Implementation of the Coordinated Integrated Monitoring Program (CIMP) in Compliance with the 2012 National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm City of Pomona Page 6 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 Sewer System (MS4) Permit Discharges for Los Angeles County; and Approve Payment of the City’s Cost Share, in a not to exceed amount of $240,361 Attachments: Approval of Amendment 1 Coop Agrmt ESGV Watershed.doc Attachment 1 - Amendment Cooperative Agreement CIMP_2017.pdf Attachment 2 - ESGV Implementation Proposal_City of Pomona.pdf 6. Adopt a Resolution Approving the Amended Recognized Obligation Payment Schedule (ROPS 17-18B) for the Period of January 1, 2018 through June 30, 2018 RESOLUTION NO. SA 2017-5 A RESOLUTION OF THE CITY COUNCIL, SITTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF POMONA, CALIFORNIA, APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FO JANUARY 1, 2018 THROUGH JUNE 30, 2018, “ROPS 17-18B” Attachments: Staff Report - SA - Amended ROPS 17-18b.doc Attachment 1) Resolution- Amended ROPS 17-18 -RESO.doc Exhibit A) Pomona_Amended_ROPS_17-18B.xlsx 7. Adopt a Resolution of the Pomona Successor Agency to the Redevelopment Agency of the City of Pomona Approving a Second Amendment to the Master Agreement for the Expenditure of Excess Bond Proceeds RESOLUTION NO. SA 2017-6 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF POMONA APPROVING A SECOND AMENDMENT TO THE MASTER AGREEMENT FOR THE EXPENDITURE OF EXCESS BOND PROCEEDS BETWEEN THE CITY OF POMONA AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY TO THE CITY OF POMONA Attachments: Staff Report - 2ndAmend to Bond Agr (9.14.17).doc Attachment 1) Resolution 2nd amend to master agreement (9.14.17).docx Exhibit 1)Amendment to Bond Proceeds Master Agreement 9.14.17.docx Attachment 2) IRS Guidance.pdf DISCUSSION CALENDAR 8. Approve funding of $50,000 to the Pomona Chamber of Commerce in accordance with the Defined Disbursement Schedule Attachments: 091817 Chamber annual assistance.docx Chamber Budget 2017-18 attachment City of Pomona Page 7 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 9. Finding of Public Benefit to the Community at Large for Recommended Expenditures and Recap of Approved Funds CURRENT REQUESTS: A) Amount to be determined to Mike Suarez, Pomona Reads Committee Member, in support of digital advertising for Pomona Reads 2017 - Amount requested: $1,000 B) Amount to be determined to Girl Scout Troop 05114 in support of bi-weekly meetings at Washington Park Community Center - Amount requested: TBD C) Amount to be determined to Pomona Pop Warner in support of programming - Amount requested: TBD D) Amount to be determined to the Pomona Hispanic Chamber of Commerce in support of their 2017 Camara de Comercio Hispano de Pomona Academy - Amount requested: TBD Attachments: FOPB Staff Report Attachments 1-5 10. Approval of Settlement Agreement with Southern California Gas Company and Southern California Edison (collectively “Utilities”) for the Clean-up of Lamp Black at the City’s Water Yard and Annex Yard; Adopt a Resolution Amending the 2017-18 Capital Improvement Program (CIP) RESOLUTION NO. 2017-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING THE 2017-18 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $3,875,000 FROM THE SETTLEMENT TO “CORPORATE YARD FACILITY” PROJECT NO. 575-8125-XXXXX-93135 Attachments: Lamp Black Settlement Agreement and Award of Contract for 1st Street.docx Attachment 1 - Resolution.docx Attachment 2 - Site Map.pdf Attachment 3 - Proposed Sett Agreement.pdf PUBLIC HEARINGS 11. Conduct a Public Hearing to Receive Comments on the Fiscal Year (FY) 2016-2017 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Funds Attachments: Staff Report 2016-17 CAPER Public Hearing Attachment 2016-17 CAPER Draft.pdf City of Pomona Page 8 Printed on 9/28/2017 City Council Regular Meeting Agenda September 18, 2017 MATTERS INITIATED BY CITY COUNCILMEMBERS Items for future City Council consideration as requested by Mayor or Members of the City Council ADJOURNMENT The next Special Meeting will be held on Monday, September 25, 2017 at the Pomona Chamber of Commerce, 101 W. Mission Blvd., #222, Pomona, CA 91766. Closed Session items will be discussed at 6:00 p.m. CERTIFICATION OF POSTING AGENDA I, Eva M. Buice, City Clerk for the City of Pomona, hereby certify that the Revised Agenda for the September 18, 2017 City Council meeting 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 September 14, 2017. I declare under the penalty of perjury that the foregoing is true and correct. /s/ Eva M. Buice City Clerk City of Pomona Page 9 Printed on 9/28/2017