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MINUTES 2018/01/09CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Denis Berton Councilmember Emmett Badar Councilmember John Ebiner Councilmember Ryan A. Vienna STAFF: City Manager Blaine Michaelis Assistant City Manager Ken Duran Assistant City Manager Community Development Larry Stevens City Attorney Mark Steres Director of Parks and Recreation Theresa Bruns Director of Public Works Krishna Patel Assistant City Clerk Debra Black Mayor Morris called the meeting to order and led the flag salute at 7:02 p.m. � 11►1YYC�7�i'1 2017 Holiday Extravaganza Sponsors — Majestic Reality Co., the San Dimas Senior Citizen Club, and Lori Alvarez Realty Leon Raya, Recreation Manager for Parks and Recreation and Joseph Jones III, Recreation Coordinator came forward to make the presentations. ORAL COMMUNICATIONS (Members of the audience are invited to address the City Council on any item not on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. If you desire to address the City Council on an item on this agenda, other than a scheduled public hearing item you may do so at this time or asked to be heard when that agenda item is considered. Comments on public hearing items will be considered when that item is scheduled for discussion. The Public Comment period is limited to 30 minutes. Each speaker shall be limited to three (3) minutes.) a. Members of the Audience 1) Nora Chen San Dimas Library Manager — library events updates and announcements. CITY COUNCIL MEETING MINUTES TUESDAY JANUARY 9, 2018 7:00 P. M. SAN Z AS SAN DIMAS COUNCIL CHAMBER 245 E. BONITA AVE. CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Denis Berton Councilmember Emmett Badar Councilmember John Ebiner Councilmember Ryan A. Vienna STAFF: City Manager Blaine Michaelis Assistant City Manager Ken Duran Assistant City Manager Community Development Larry Stevens City Attorney Mark Steres Director of Parks and Recreation Theresa Bruns Director of Public Works Krishna Patel Assistant City Clerk Debra Black Mayor Morris called the meeting to order and led the flag salute at 7:02 p.m. � 11►1YYC�7�i'1 2017 Holiday Extravaganza Sponsors — Majestic Reality Co., the San Dimas Senior Citizen Club, and Lori Alvarez Realty Leon Raya, Recreation Manager for Parks and Recreation and Joseph Jones III, Recreation Coordinator came forward to make the presentations. ORAL COMMUNICATIONS (Members of the audience are invited to address the City Council on any item not on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from taking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. If you desire to address the City Council on an item on this agenda, other than a scheduled public hearing item you may do so at this time or asked to be heard when that agenda item is considered. Comments on public hearing items will be considered when that item is scheduled for discussion. The Public Comment period is limited to 30 minutes. Each speaker shall be limited to three (3) minutes.) a. Members of the Audience 1) Nora Chen San Dimas Library Manager — library events updates and announcements. City Council Agenda January 9, 2018 Page 2 2) Wendy Gish a resident passed on comments of appreciation for the Sheriff s Department from resident Judy Neal. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council requests separate discussion.) a. Resolutions and Ordinances read by title, further reading waived, passage and adoption recommended as follows: b. Approval of minutes from November 28, 2017 and December 4, 2017 Study Sessions and December 12, 2017 Regular meeting c. Marine Shale Cleaning Settlement d. Approval of First Amendment to Cooperative Agreement for Implementing the Coordinated Integrated Monitoring Program (CIMP) of the East San Gabriel Valley Watershed Management Group (ESGVWMG) to Change the Lead Agency from the City of Claremont to the City of Pomona and Update in City's Cost Share MOTION: Motion/second by Councilmember Vienna/Ebiner to approve the consent calendar as presented. The motion passed by unanimous vote. (5 -0) YES: Badar, Berton, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None PLANNING MATTERS a. Revision to Tentative Parcel Map No. 26891 (PM 05 -02) A request to waive Condition of Approval No. 9 regarding the undergrounding of utilities from the approved City Council Resolution No. 07 -18 approving the subdivision of one (1) lot into two (2) lots at 606 S. Walnut Avenue (APN: 8382 - 011 -048). RESOLUTION 2018 -02, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, DENYING THE REQUEST TO WAIVE CONDITION NO. 9 FROM RESOLUTION NO. 07 -18 REQUIRING THE UNDERGROUNDING OF UTILITIES AND APPROVING A MODIFICATION OF CONDITON NO. 9 OF RESOLUTION NO. 07 -18 TO ALLOW AN IN -LIUE FEE FOR TENTATIVE PARCEL MAP NO. 26891 FOR THE SUBDIVISION OF City Council Agenda January 9, 2018 Page 3 R rzC MMEN[W1) ACTION: Deny the applicant's request to waive Condition of Approval No. 9 of Resolution No. 07 -18 and instead approve a modification to Condition of Approval No. 9 with the following language to allow the applicant to pay an in -lieu fee through adoption of Resolution 2018 -02: "The Applicant /Developer shall be required to pay the amount of $69,000 ($300 x 230 LF) into a City account to be used for future undergrounding of utilities. The fee shall be paid prior to approval of the Final Map. The Applicant /Developer shall be required to underground from the nearest pole onloff -site to Lot No. 1 (undergrounding of utilities for Lot No. 2 are already in place.) " Senior Planner Marco Espinoza presented staff's report on this item. Councilmember Pertone asked if any other residents on Walnut have underground utilities. Mr. Espinoza replied there is one new house that has underground utilities and because the line is in the rear of the property they had it underground from that line to the house but not the pole. Assistant City Manager of Community Development Larry Stevens clarified that the discussion is on the undergrounding for the utilities in the public right of way. Responding to Councilmember Ebiner' s questions Mr. Espinoza confirmed that the 230 ft. was going from pole one to pole three and part of it would be under the street. Responding to Councilmember Ebiner' s questions Mr. Stevens replied there was a property on 5th Street that the Council approved undergrounding for about 15 years ago and that no in lieu fee was considered at that time. Responding wo Councilmember Ebiner' s question Mr. Stevens replied that the new project North of Gladstone on San Dimas Avenue (Walbern) will underground everything within the project. Director of Public Works Krishna Patel clarified that the developer is required to underground the entire utilities fronting San Dimas Avenue. Responding to Councilmember Ebiner's question Mr. Stevens replied that the in lieu fee funds will be for future underground utilities projects, as rule 20 projects with accumulated annual funds received from Edison. Responding to Councilmember Badar's question Mr. Stevens replied we are not accomplish undergrounding in the immediate vicinity of the development project and it is impractical to expect that this will ever occur, based upon cost and development. He continued by comparing the in lieu fee to impact and Quimby fees that the city imposes on projects. City Council Agenda January 9, 2018 Page 4 Responding to Councilmember Bertone's question Mr. Steven's replied that staff reviewed and does agree with the estimate provided by the applicant. Responding to Councilmember Vienna's question Mr. Stevens replied the funding will be used for an undergrounding project somewhere else in the City not in the vicinity of the project. Responding to Councilmember Vienna's question Mr. Stevens replied that it is very unlikely that this specific area would ever be undergrounded. Mr. Stevens clarified the three options before the Council as 1) deny the application for the waiver 2) approve the waiver with the in lieu fee or 3) waiver with no fee. Responding to Councilmember Badar, Mr. Stevens replied the Council and staff discussed the undergrounding issue at a retreat three years ago and thought it was reasonable to consider but staff has not been able to bring it back for formal ordinance discussion at this point. Mayor Morris invited the applicant forward to make his presentation. Mr. Paul Bouz property owner provided a history of their ownership of the property along with the directions received from staff over time to complete the project. He concluded by requesting that Council waive the electrical undergrounding requirement because would be economically impossible and they will lose the lot if forced to do so. Mayor Morris asked if Mr. Bouz if staff had discussed the in lieu fee with him. Mr. Bouz replied that the first he heard about it was at the Planning Commission meeting. Mr. Espinoza stated that it was part of the presentation/staff report that Mr. Bouz received before the Planning Commission meeting. Mayor Morris asked Mr. Bouz if he thought this was an appropriate solution. Mr. Bouz replied the appropriate solution would be to waive because it is still high and the money could be used somewhere else. Mr. Stevens provided an explanation of the issues involved with the other lot. Responding to Councilmember Badar's question Mr. Stevens explained that the conversations two years ago on this issue involved explaining the process for waiving the condition. Staff has been trying to get enough information to bring this matter forward for the discussion A member of the audience associated with the project shared that no other parcels in the area have undergrounding, the owner has incurred the cost of all the drainage work that will include the sidewalk and street light; and they have dedicated 10 feet of their parcel to the city. Mayor Morris brought the item back to the Council for discussion and decision. City Council Agenda January 9, 2018 Page 5 Responding to Councilmember Ebiner's questions, Mr. Espinoza replied that there is already one street light in front of the property, the owner would need to add one additional light; and there is no condition for sidewalks adding that it would be difficult to construct sidewalks up Walnut on that side of the road. Couneffinember Vienna made a motion to waive the fee largely because the City has no intention of doing anything with the poles, the economic impacts to the resident and their commitment to improving the community. Councilmember Badar made the second and stated that he understands where the Planning Commission was coming from with their decision and feels that the Council should address the undergrounding issue. Mr. Stevens asked if an amended motion could be for Council to direct staff to bring back a resolution with appropriate findings to waive condition number 9 for the parcel map, affirming the waiver and no in lieu fee. Councilmember Vienna confirmed the amended motion seconded by Councilmember Badar. Councilmember Ebiner stated he thinks there is a difference between a single lot and multiple lot development and in the case of a multiple lot he could see the need for the actual undergrounding of the utilities. He added that in this case doesn't feel the undergrounding is needed; however if the city is going to stop this requirement the ordinance should be changed. He further added that he was willing to go for the in lieu fee or a smaller amount in lieu fee, but he is not in favor of not imposing anything and in his opinion this would be a fair compromise. Mayor Morris supported the motion. Councilmember Bertone had no comments. MOTION: Motion/second by Councilmembers Vienna/Badar to direct staff to bring back a resolution waiving the condition, affirming the waiver and no in lieu fee. The motion passed by a vote of four to one with Councilmember Ebiner opposing. (4 -1) YES: Badar, Bertone, Morris, Vienna NOES: Ebiner ABSENT: None ABSTAIN: None OTHER BUSINESS a. Report on Recreational Marijuana Restrictions in San Dimas Assistant City Manager Ken Duran presented staff's report on this item. Staff and Council discussed the restrictions and the proper protocol of communicating the City's positon on this matter. City Council Agenda January 9, 2018 b. Gold Line Update - verbal report Page 6 City Manager Blaine Michaelis stated one outstanding issue is the design of the Bonita Cataract intersection and grade separation. He also stated there has been some success with the design of the project dealing with the impacts along San Dimas Avenue and the layout design of the parking structure with respect to the City's Yard. He summarized the latest meeting with Metro was to review the questions the Phase 2b cities have with respect to the methodology of the studies Metro has commissioned to take a look at the parking needs for this phase of the project. He explained that staff has shared thoughts with the CPUC on the roundabout proposal and has secured a roundabout expert to be able to respond to questions fl °om CPUC; and will have some initial work from the design engineer to take to the Gold Line. He announced that staff met with the Gold Line to discuss the legal challenge the City put together on the addendums that were kept in place on the latest Environmental Review and explained to them we would like good decisions made on these critical points as part of the project and we will be providing a written format of that response. a. Members of the Audience (Speakers are limited to five (S) minutes or as may be determined by the Chair.) Wendy Gish a resident shared concerns regarding SB231 and the video "Understanding Storm Water." b. City Manager The Mayor's call in show will air this Thursday. c. City Attorney Nothing reported. d. Members of the City Council 1) Councilmembers' report on meetings attended at the expense of the local agency. Nothing reported. 2) Individual members' comments and updates. Councilmember Vienna reported /commented on: • Horse riding opportunity to view various trails and inquired about expansion of some ® CERT Team progress • Law Enforcement Week City Council Agenda January 9, 2018 Councilmember Ebiner reported /commented on: Minimum wage fixture discussion Lights on some downtown trees not working/expense of lighting the trees Councilmember Badar reported /commented on: ® When will pole banners go up Councilmember Berton commented /reported on: Page 7 Senior Club Bingo Program money raised donated back to the community The meeting recessed to closed session at 8:50 p.m. Property: Portions of Horsethief Canyon Park Negotiating Parties: Blaine Michaelis, City Manager; Larry Stevens, Assistant City Manager for Development Services; Mark Steres, City attorney. For Buyer: Hagop Sargisian Under Negotiation: Possible sale of property and terms and conditions associated with that possible sale. The regular City Council meeting recessed at 8:45 pm to closed session. The City Council reconvened in council chambers where the City Attorney announced the City Council met and discussed the closed session item, provided staff direction, and no action was taken to be reported. The meeting adjourned at 9:50 p.m. �atj' e Debra Black, Assistant City Clerk Curtis W. Morris, Mayor