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MINUTES 2018/04/10NOTE: RECEPTION AT 6:30 P.M. FOR DISTINGUISHED SERVICE TO YOUTH AWARD RECIPIENTS IN CITY HALL LOBBY CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tern Emmett Badar Councilmember Denis Bertone 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 Public Works Krishna Patel Assistant City Clerk Debra Black CALL TO ORDER AND FLAG SALUTE Mayor Morris called the meeting to order at 7:00 p.m. and led the flag salute. RECOGNITIONS > Distinguished Service to Youth Awards Facilities Manager Karon De Leon read the narrative on the honorees and Mayor Morris presented them with the city recognition. > CICLAVIA Event April 22, 2018 9:00 am - 4:00 pm Larry Stevens Assistant City Manager of Community Development provided a description of activities and timeline of events including the city's Earth Day event. 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 —^�-- CITY COUNCIL MEETING MINUTES SAN TUESDAY APRIL 10th, 2018 7:00 P.M. DIMAS CITY HALL COUNCIL CHAMBERS 245 E. BONITA AVENUE 1960 NOTE: RECEPTION AT 6:30 P.M. FOR DISTINGUISHED SERVICE TO YOUTH AWARD RECIPIENTS IN CITY HALL LOBBY CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tern Emmett Badar Councilmember Denis Bertone 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 Public Works Krishna Patel Assistant City Clerk Debra Black CALL TO ORDER AND FLAG SALUTE Mayor Morris called the meeting to order at 7:00 p.m. and led the flag salute. RECOGNITIONS > Distinguished Service to Youth Awards Facilities Manager Karon De Leon read the narrative on the honorees and Mayor Morris presented them with the city recognition. > CICLAVIA Event April 22, 2018 9:00 am - 4:00 pm Larry Stevens Assistant City Manager of Community Development provided a description of activities and timeline of events including the city's Earth Day event. 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 City Council Minutes April 10, 2018 Page 2 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.) Members of the Audience Mayor Morris announced the procedures to be followed for the public comment and indicated that all oral communications for the evening would be received at this time. (7:30 p.m.) Speaker #1 stated that her focus on this issue is the humanity aspect of the issue and she does not feel represented by the current council. Speaker #2 Lara Santos urged council to take a position that is just and humane. Speaker #3 Jorge Rodriguez resident of San Dimas stated his support of SB 54 and asked the city to honor this state law. Speaker #4 Rhonda Beltran with McKinley Children's Center announcement of upcoming Color Run event and introduced Miguel Mendoza Marketing Manager Speaker #5 David Estrada resident of San Dimas urged the city council to stand with the governor and support SB 54. Speaker #6 Rose Calderon resident of San Dimas stated her opposition to Councilmember Vienna's position on SB 54 and requested that he recuse himself from the discussion. Speaker #7 Jose Calderon resident of San Dimas stated his opposition to Councilmember Vienna's position on SB 54 and his support of the amicus brief, and urged the council to work with organizations to implement SB 54. Speaker #8 Rose Ash resident of Claremont requested council endorse SB 54 and oppose joining the amicus brief. Speaker #9 Angela Sombrano resident of the San Gabriel Valley requested that the city comply with SB 54. Speaker #10 Matt Owen requested that the city abstain from joining the amicus brief. Speaker #11 Maria Galvan requested the resignation of Councilmember Vienna due to conflict of interest. Speaker #12 stated that it is the council's job to protect people and that family should not be torn apart. Speaker #13 stated he supports Councilmember Vienna and opposes SB54. City Council Minutes April 10, 2018 Page 3 Speaker #14 Madeline Rios resident of Claremont opposes supporting the amicus brief. Speaker #15 requested that council not hold discussions or votes on SB 54. Speaker #16 requested the resignation of Councilmember Vienna because of conflict of interest and asked the council to protect SB 54. Speaker #17 spoke in opposition to Councilmember Vienna's support of the amicus brief and called for his resignation. Speaker #18 commented on the nature of the audience member's comments and behavior and requested council to support SB 54. Speaker #19 spoke in support of SB 54. Speaker #20 resident of the San Gabriel Valley requested council to support SB 54 and commented that Councilmember Vienna is trying to divide the city, the council and the San Gabriel and Pomona Valleys. Speaker #21 spoke in support of SB 54. Speaker #22 Manual Estrada urged support of SB 54. Speaker #23 Shirley Baldwin resident of La Verne commended council on their quiet and dignify demeanor over the meeting and stated opposition to a sanctuary state. Speaker #24 Judy Neal resident of San Dimas commended Councilmember Vienna for bringing this issue forward; and asked council to uphold the constitution and oppose SB 54. Speaker #25 requested council to support SB 54. Speaker #26 Lori M. requested council support the City of Los Alamitos and the Federal lawsuit against the State of California. Speaker #27 resident of Santa Ana invited council to look at Santa Ana's adopted resolution for an amicus brief reaffirming their sanctuary status and invited San Dimas to do the same. Speaker #28 Yolanda Gonzalez spoke of her students fear for their parent's safety and was critical of the makeup of the city council. Speaker #29 Fernando student of Citrus College requested the council uphold SB54. Speaker #30 Fernando Rodriguez spoke of students fear for their family's safety. Speaker #31 James S. spoke of a possible violation of the Brown Act at the March 13, 2018 study session. City Council Minutes April 10, 2018 Page 4 City Attorney Steres explained that the discussions at the study session meeting of March 13, 2018, were done openly and in compliance with the Brown Act. Speaker #32 Manual Maldonado addressed the behavior of some of the members of the audience. Speaker #33 Bob Olander resident of San Dimas reported on his tour of Waste Management's Tour and Educational Program. He added that it is reasonable to have an open discussion on SB 54. Speaker #34 resident of Claremont spoke of the hate speech and division tonight; and how it goes against the values of the United States. She also requested the resignation of Councilmember Vienna because she feels he is not representing the values of the Constitution of the United States. Speaker #35 Alondra student of Cal Poly Pomona requested that SB 54 be upheld; and that Councilmember Vienna resign and discussions on SB 54 be dismissed. Speaker #36 Benjamin Wood with Pomona Economic Opportunity Center offered his center as a resource for the council as it studies SB 54. Speaker #37 stated she would like for everyone to find ways to work together and solutions that are best for everyone in this country. Speaker #38 stated he supports Councilmember Vienna and urged the council to discuss opting out of SB 54 and consider joining Huntington Beach in their lawsuit. Speaker #39 resident of Azusa would no longer visit or shop in San Dimas if council does not support SB 54. Speaker #40 stated that the constituents would prefer the council not have any further discussion on SB 54. Speaker #41 Marta Samano resident of the San Gabriel Valley spoke of organizing residents to stand against the council if San Dimas decides to fight SB 54. Speaker #42 Frank Guzman spoke in support of SB 54. Speaker #43 shared statistics of crime rates reported by various studies in support of SB 54. Speaker #44 Claudia Ramirez resident of San Dimas spoke in support of SB 54 and asked council to dismiss discussions on SB 54. Speaker #45 Irma Linda resident of Upland requested council to refrain from voting on SB 54. Speaker #46 spoke of council's duty to resist the federal law and to fix this issue. City Council Minutes April 10, 2018 Page 5 Speaker #47 Sofie Peters Scripps College student called for Councilmember Vienna's resignation and supports SB 54. Speaker #48 Gloria Rodriguez student at Charter Oak High spoke of fearing for her parent's safety. Speaker #49 spoke of fearing for the safety of relatives. Speaker #50 Veronica resident of La Puente spoke of learning and growing from cultures. Speaker #51 resident of San Dimas requested the council make San Dimas comfortable for immigrants. Speaker #52 Wendy Gish resident of San Dimas commented on AB 93 land how it affects law enforcement. Speaker #53 Alisha Good Allen requested the council dismiss discussions on SB 54. Speaker #54 wondered about the motivation behind having the discussion on SB 54. Speaker #55 Kevin stated that more resources and support is needed for communities. Speaker #56 Daniel L. University of La Verne employee opposes council taking action SB 54. Mayor Morris closed oral communications at 9:56 p.m. 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 read by title, further reading waived, passage and adoption recommended as follows: RESOLUTION 2018 -16, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS APPROVING CERTAIN DEMANDS FOR THE MONTHS OF MARCH AND APRIL 2018. b. Approval of minutes for the March 13, 2018 Study Session meeting and March 27, 2018 Regular City Council meeting. c. Adopt Resolution 2018 -17, Intent to Participate in the Local Agency Investment Fund (LAIF) and AMEND the Named Officials for the Purpose of Investment d. Approval and authorizations for RMRA funding and Pavement Preservation funding and submittal of San Dimas Projects List: 1) Approve the Avenida Entrada Et Al Project for RMRA funding for FY 2018 -19 City Council Minutes April 10, 2018 Page 6 2) Authorize the use of the RMRA funds (up to $600,000) and use of approved FY 2018 -19 Pavement Preservation funds for the Avenida Entrada Et Al project 3) Adopt Resolution 2018 -18 authorizing the submittal of the City of San Dimas Project List for SB 1 /RMRA Funds e. Approval of Amendment to the Joint Powers Authority Agreement to Provide Inter- agency Cooperation in Major Natural or Man -made Disasters — Disaster Management Area D. f. FINAL TRACT MAP 73711 Approval and adoption of Resolution 2018 -19 RESOLUTION 2018 -19, Approving the Final Map for Tract Map 73711 (TTM 15- 01) a request to consolidate eight existing parcels or portions of, with a total area of 12.13 acres, to subdivide into 32 residential parcels and four lettered HOA common area parcels located at 130 West Allen Avenue, 136 West Allen Avenue, 200 West Allen Avenue, 741 North San Dimas Avenue and 811 North San Dimas Avenue (APNs: 8392 - 013 -032, 8392 - 014 -037 and portions of 8392 - 013 -021, 022, 023, 028, 029 and 031) and authorizing its recordation. g. San Gabriel Valley Council of Govermnents - Update END OF CONSENT CALENDAR Councibnember Ebiner asked that item 4f be removed from the consent calendar for separate discussion. Councilmember Bertone asked that item 4g be removed for comment. MOTION: Motion/second by Councilmembers Badar /Vienna to approve the consent calendar with the removal of items 4f and 49. The motion passed by vote of 5 -0. YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None Councilmember Ebiner wanted to confirm and emphasis the advantages of having the undergrounding of utilities for this project. He added his concern with not appropriately addressing the open space lot and the placement of the drainage and retention basin; however he would be voting in favor of the item. Councilmember Bertone asked the council to review the material in item 4g and asked that questions be directed to hiun or the City Manager. City Council Minutes April 10, 2018 Page 7 MOTION: Motion/second by Councilmembers Bertone /Badar to approve items 4f and 4g of the consent calendar. The motion passed by vote of 5 -0. YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None OTHER BUSINESS a. Gold Line Update Assistant City Manager Lawrence Stevens reported that staff has submitted a proposal relative to the city's litigation on this matter, but has had no response. He stated that the Gold Line Technical Advisory Committee had discussion on the parking structure with no conclusions and staff will bring that back to council along with discussion on the three percent contribution. He added that a study is being started funded by Metro to analysis the first last mile improvements for all five stations in the Gold Line 2b. He further added that some CPUC comments have been received on city's proposal and staff is working to resolve some minor comments made on the round abouts. ORAL COMMUNICATIONS a. Members of the Audience (Speakers are limited to five (5) minutes or as may be determined by the Chair.) b. City Manager Mayor's call in show on its regular schedule. c. City Attorney Nothing to report d. Members of the City Council 1) Designate Mayor Pro Tem MOTION: Motion/second by Councilmembers Berton /Badar to appoint Councilmember Ebiner as Mayor Pro Tem. The motion passed by vote of 5 -0. YES: Badar, Berton, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None City Council Minutes April 10, 2018 Page 8 2) Appointments and Assignments to Associations, Boards and Commissions MOTION: Motion/second by Councilmembers Ebiner / Badar to confirm standing appointments. The motion passed by vote of 5 -0. YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None 3) Establish a meeting date and time for the SB54 discussion requested by the City Council Councilmember Vienna suggested having a discussion at a special meeting rather than a regular meeting so as not to disrupt regular business. Council discussed options for having the discussion at a special meeting or regular meeting and also concerns of accommodating larger audience participation. Councilmember Badar expressed uncertainty on how to decide if council wants the discussion. Councilmember Vienna stated that the council already agreed to have the discussion and tonight's dialog is to decide on a date for it. Councilmember Bertone explained the history of the city not getting involved in areas that do not directly affect the City of San Dimas; and in speaking with Captain Berg this issue directly affects the jails in downtown Los Angeles not the San Dimas jail. He added that he is opposed to making San Dimas a sanctuary city and suggested that Councilmembers make their individual positions known to their local representatives. City Attorney Steres clarified that this meeting is not to decide if council will take a stand on the issue, but to decide on a meeting date and if they decided not to have a meeting that would establish no position taken. Councilmember Ebiner stated that it had been established that if two council persons wanted to have an item heard it would be agendized for a future meeting. He added that it is council's job to take on controversial issues and to tell constituents and residents what we think about things. He further added not having the discussion would be an easy way out, but it is not the direction to take. He continued by saying that the council would not be representing the people if they didn't tell them what they thought about things and strongly supports anyone who wants to have the discussion. Councilmember Bertone stated that in the 28 years he has been on the council he has been asked to take a stand on issues like abortion, climate change and others and doesn't think it is this council's duty to take a stand on these types of issues. City Council Minutes April 10, 2018 Page 9 Councilmember Ebiner added that there have been areas where staff has asked council to take a stand on that they have not, but they were agendized and discussed. He also stated that having a large audience in attendance should not be a reason to not have a meeting. Councilmember Vienna stated that he agreed with Councilmember Ebiner that people have a right to know how council feels on certain issues and the conversation should be had. He added that he would like to have responded to Councilmember Bertone so that he might understand why he believes this to be a local matter, but because the discussion tonight is only about setting a meeting date he would not do so. Mayor Morris stated his position is that unless it involves their role as city councilmembers of the City of San Dimas, no one elected him to make generalized statements on behalf of other people. He added that he will abstain from ever voting on this issue. Councilmember Badar asked what would be the outcome if the city did not have a meeting. City Attorney Steres explained that if there is no meeting set tonight the city's position will be the same as it was before this issue was brought forward, it is a state law, a federal lawsuit and under those laws there is no provision where the City of San Dimas enforces those positions. Councilmember Vienna feels that it would be inferred that by not having a meeting San Dimas is a sanctuary city. Mayor Morris stated that the council should stay with issues that are municipal; this is only making a political statement. Councilmember Badar brought up the Sheriff s Department having someone to speak on what the ramifications are to the Sheriff s Department. Council discussed options for having the discussion at a special meeting or regular meeting and concerns of accommodating larger audience participation. It was decided to schedule a discussion on SB 54 at the April 24, 2018 regular city council meeting. Council directed staff to have the Sheriff's Department involved and for the City Manager or City Attorney to describe in detail what SB 54 and AB 450 does. City Manager Michaelis summarized the direction from council to staff for the details of the meeting. Council addressed questions from a member of the audience concerning submitting resolutions and the process for handling these. Councilmembers' report on meetings attended at the expense of the local agency. Nothing reported. Individual Members' comments aaad updates. Coanaacihnember Vienna reports /comments: City Council Minutes April 10, 2018 Page 10 1) Disappointed that the community took statements from the newspaper headlines and failed to hear the position taken and urged them to review the council meeting to hear that position. He thanked those that came out and stated their positions and is looking forward to having an honest discussion by the city council on this matter. • Councilmember Ebiner reports /comments: A civil dialogue helps your position better than demonizing those who oppose you. Looking forward to a civilized discussion. • Councilmember Badar reports /comments: Good dialogue and opinions heard tonight. • Mayor Morris reports /comments: This is not a municipal issue and was not elected to tell community what to think. ADJOURNMENT The meeting adjourned at 11:00 p.m. The next meeting will be a Council/Staff Retreat to be held on Monday April 16, 2018 at 5:00 p.m. 4A&U-- #4� 46�� - Debra Black, Assistant City Clerk Curtis W. Morris, Mayor