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MINUTES 2018/04/24REGULAR CITY COUNCIL MINUTES TUESDAY APRIL 24th9 2018 7:00 P. M. SAN SAN DIMAS COUNCIL CHAMBERS DIES 245 E. BONITA AVE. 1960 CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tem John Ebiner Councilmember Emmett Badar Councilmember Denis Bertone Councilmember Ryan A. Vienna STAFF: City Manager Blaine Michaelis Assistant City Manager Ken Duran City Attorney Mark Steres Director of Parks and Recreation Theresa Bruns Director of Public Works Krishna Patel Assistant City Clerk Debra Black CALL TO ORDER AND FLAG SALUTE Mayor Morris called the meeting to order and led the flag salute at 7:00 p.m. He announced that all matters under consent will be deferred to the end of the meeting so that the focus of the meeting will be on public comment (limit two minutes per speaker) for item 4. Other Matters. He read some preferred rules of decorum to follow for the meeting. OTHER BUSINESS Mayor Morris announced the procedures to be followed for the public comment period and indicated that all oral communications for the evening would be received at this time. a. City Council discussion regarding SB 54 • Receive overview of SB 54 and AB 450 from the City Attorney City Attorney Steres provided a summary of AB 450, AB 103, SB 54, a description of the federal lawsuit and list of some cities that have taken some form of action on this issue. • Receive presentation from Assistant Sheriff Eddie Rivero of the Los Angeles Sheriff's Department regarding SB 54 Assistant Sheriff Eddie Rivero made his presentation of the Los Angeles County Sheriff's Department's position on SB54, their process for handling those arrested and highlighted some City Council Minutes April 24, 2018 Page 2 of the misconceptions associated with this issue and explained how public trust is a key component of engaging with the community. Councilmember Ebiner asked if the City of San Dimas passed a resolution opting out of SB 54 what would the effect be on the actions and policies of the Los Angeles County Sheriff's Department as it relates to San Dimas. Assistant Sheriff's Rivero explained that the San Dimas station is a type 1 jail and all inmates booked into that station would be moved to the main jails during their trail and after the sentence is served the department would then have to follow the procedures of SB 54. He added they do not turn over inmates to I.C.E., they must be convicted and serve their time. • City Council questions and answers regarding the presentations Council had no questions on the presentations. • City Council preliminary comments Councilmember Vienna commended Council for having the dialogue and thanked the residents and neighbors for submitting their comments and attending the meeting. In his statement he expressed sadness for the comments made about the council. He stated he also wants I.C.E. out of San Dimas and wants law enforcement to be able to carry out their duties in the safest most respectful manner possible. He added that he wanted members of the community to have trust in local law enforcement and indicated that the disagreement is on how this should take place. Councilmember Ebiner stated that he appreciates when participants are respectful and called for those in attendance to treat each other with dignity and tolerance. • Pubic comment period — 2 minute time limit (7:33 p.m.) Speaker #1 Jose Calderon San Dimas resident opposed to council taking action to oppose S1354. Speaker #2 Robert Lofton spoke in opposition to SB 54. Speaker #3 Mark Peters La Verne resident spoke in opposition to SB 54. Speaker #4 Dennis Norton San Dimas resident urge council to take a formal stand against SB 54. Speaker #5 Francisco Suarez San Dimas resident opposed to council taking a stand for SB 54. Speaker #6 Alicia Rodriguez San Dimas resident opposed to council taking action on SB 54. Speaker #7 Rose Calderon San Dimas resident City Attorney analysis is flawed and conflict of interest for Councilmember Vienna. City Council Minutes April 24, 2018 Page 3 Speaker #8 Enrique Lopez Holy Name of Mary Church opposed to council taking action on SB54. Speaker #9 La Verne resident opposed to council taking action on SB54. Speaker #10 Gilbert Cadena urged council not to oppose SB54 or take no action. Speaker #11 Madeline Rios Claremont resident spoke of the distortion of laws being presented. Speaker #12 Shiu -Ming Cheer Los Angeles resident spoke in support of SB54. Speaker #13 Denis Britt San Dimas resident spoke in support of SB 54 or vote no action. Speaker #14 Jeannette Ellis Royston Pomona resident spoke in support of SB 54. Speaker #15 presented letter in support of SB 54 from various organizations. Speaker #16 Katherine Cabrera Ontario resident urged no support of Vienna resolution. Speaker #17 Betty -Jean Lamb San Dimas resident supports no action taken. Speaker #18 Laura Santos Bassett resident spoke in support of SB 54. Speaker #19 Matthew Foresta San Gabriel Valley resident spoke in support of SB 54 sanctuary policies. Speaker #20 San Dimas resident urged council to opt out of SB 54 and join lawsuit. Speaker #21 spoke in opposition of council joining lawsuit. Speaker #22 Patricia Martinez spoke in support of SB 54. Speaker #23 Adrianna Cortez spoke in opposition of SB 54. Speaker #24 Pauline B. spoke in opposition to SB 54. Speaker #25 Jose Lopez spoke in support of SB 54. Speaker #26 Roberto De La Cruz Upland resident spoke in support of SB 54. Speaker #27 Agnes Gibboney spoke in opposition of SB 54, only protects illegals. Speaker #28 Darlene S. spoke in opposition to SB 54, hides and protects criminals. Speaker #29 Kenny Strawn Mission Viejo resident spoke in opposition of SB 54, urged to follow Mission Viejo's action. City Council Minutes April 24, 2018 Page 4 Speaker #30 Kirk Kramer San Dimas resident urged council to focus on what really matters to San Dimas and take no action. Speaker #31 Matt Owen spoke in support of SB 54. Speaker #32 Daniel Loera Covina resident spoke in support of SB 54. Speaker #33 Beatrice Sandoval spoke in support of SB 54 and confidence in police. Speaker #34 Matthew H. spoke in opposition of SB 54 is a safeguard for criminals. Speaker #35 spoke in opposition of SB 54 and support of an initiative to overturn. Speaker #36 Judy Neal San Dimas resident spoke in opposition of SB 54 and urged council to opt out. Speaker #37 Emmanuel Estrada Baldwin Park resident spoke in support of SB 54. Speaker #38 Steve Madrigal San Dimas resident spoke in opposition to SB 54. Speaker #39 Robert Clearwater San Dimas resident spoke in opposition to SB 54. Speaker #40 Jeff Benson Westminster resident requested San Dimas to adopt a resolution like the City of Los Alamitos. Speaker #41 Cesar Ayala San Dimas resident spoke in support of SB 54. Speaker #43 Darryl Lima San Dimas resident spoke in opposition of SB 54. Speaker #44 Florencio Briones read a statement from Supervisor Solis' office urging the City of San Dimas to support SB 54. Mayor Morris called for a recess at 9:05 p.m. Mayor Morris reconvened the meeting at 9:18 p.m. Speaker #45 Deacon Mary Estey of Holy Name of Mary Church spoke in support of a compressive immigration reform and urged council to take no action Speaker #46 Alex Dobbs resident of San Gabriel Valley spoke in support of SB 54 Speaker #47 Von Brecht San Dimas resident spoke in opposition to SB 54. Speaker #48 Jesse S. spoke in opposition to SB 54, only supports criminals. Speaker #49 Ingrid Mueller spoke in opposition to SB 54, only protecting criminals. Speaker #50 Lydia Zamorano spoke in support of SB 54. City Council Minutes Page 5 April 24, 2018 Speaker #51 Sharon Lopez San Dimas resident spoke in support of SB 54. Speaker #52 James Sambrano La Verne resident comments regarding the City Attorney's duty to the city and residents. Speaker #53 resident of San Dimas urged the council to table the decision until things calm down and then have San Dimas abide by the law. Speaker #54 Randy Bello San Dimas resident spoke in opposition to SB 54 and in support of Councilmember Vienna. Speaker #55 Nathaly Holt La Verne resident spoke in opposition to SB 54 saying it is not necessary and is obstructing the law. Speaker #56 Mora Freeman San Dimas resident stated Councilmember Vienna should not have brought this to the city. Speaker #57 Megan Dowling Torrance resident spoke in opposition to SB 54. Speaker #58 spoke in opposition to SB 54. Speaker #59 Christine Williams Rancho Palos Verdes spoke in opposition to SB 54. Speaker #60 Angelica Reyes San Dimas resident urged council to take no action. Speaker #61 Loree Masonis Upland resident spoke in opposition to SB 54, does not protect American citizens and prohibits law enforcement from doing their job. Speaker #62 Betty Robinson Orange County resident spoke in opposition to SB 54 and urged council to join Huntington Beach in their lawsuit. Speaker #63 spoke in support of SB 54, should not alienate anyone. Speaker #64 La Verne resident spoke in opposition to SB 54 and would like accountability. Speaker #65 Fernando Rodriguez Covina resident spoke in support of SB 54. Speaker #66 Elena Ortiz spoke in support of SB 54. Speaker #67 Carolyn Gonzales Claremont resident spoke in opposition to SB 54, country of laws. Speaker #68 Linnie Drolet Rancho Cucamonga resident spoke in opposition to SB 54, illegal and unconstitional. City Council Minutes Page 6 April 24, 2018 Speaker #69 Maria Galvan spoke in support of SB 54 and called for Councilmember Vienna's resignation for his support of F.A.I.R. Speaker #70 Ursula Yager Irvine resident spoke in opposition to SB 54 as being unconstitutional. Speaker #71 San Gabriel Valley resident spoke in opposition to council discussions on SB 54 only brings hate for immigrants in the community. Speaker #72 Jorge Rodriguez San Dimas resident spoke opposing the division this issue has brought to San Dimas. Speaker #73 David Ireland San Dimas resident spoke on the division that SB 54 has brought to San Dimas and stating it is not good for California or San Dimas. Speaker #74 Greg Brittain Redlands resident spoke in opposition to SB 54 urged the city to join in the lawsuit. Speaker #75 Benjamin Wood Montclair resident spoke in support of SB 54 and the different status of undocumented people. Speaker #76 Edward G. San Gabriel Valley resident commented on the conflict of interest of Councilmember Vienna. Speaker #77 Kim Sorgente Huntington Beach resident spoke in opposition to SB 54 Speaker #78 Gerald Thomas spoke in opposition to SB 54. Speaker #79 Don Dix Corona resident spoke in opposition to SB 54 law enforcement concerned about the direction of the state and local communities. Speaker #80 Kevin Flores Rosemead resident spoke in support of SB 54 and more resources to help the community. Speaker #81 Nicole Vienna San Dimas resident spoke in support of her husband Councilmember Vienna. Speaker #82 Arthur Schoper Torrance resident spoke in opposition to SB 54 and urged the council to join law suit. Speaker #83 spoke in opposition to SB 54 open invitation for illegals and criminals. Speaker #84 John Willis Upland resident spoke in opposition to SB 54. Speaker #85 Leonor Willis Pinon Hills resident spoke in opposition to SB 54 invitation for others to enter. SpeOwr # 86 Raul Rodriguez Jr. spoke in opposition to SB 54. City Council Minutes Page 7 April 24, 2018 Speaker #87 urged council to listen to those directly impacted and to take no action. Speaker #88 Christina Prieto spoke in opposition to SB 54, support of Councilmember Vienna and focus on the issues. Speaker #89 Kim Rogers Covina resident stated she supports the right decision. Speaker #90 Reuben Hoyos La Puente spoke in opposition to SB 54 and stated it is misguided. Speaker #91 Ben Garcia spoke in support of the council. Speaker #92 Harim Urziel urged to stick to the issue of illegal aliens who have committed crimes. Speaker #93 Nicole supports council having a discussion. • City Council discussion and direction Mayor Mor °i•is closed the public comment period at 10:56 p.m. and brought the item to the council for discussion and direction. Councilmember Vienna read his oath of office and presented his position on this issue. He stated that unfortunately San Dimas is already a sanctuary city and does not agree with this. He stated that under current federal laws the San Dimas City Hall is prohibited in some areas from voluntarily cooperating with them. He stated all politics are local and it is clear there are people in this community who are impacted by this issue. He cited court cases on immigration regulation and state conflict with federal laws and indicated that these are why this discussion is being had. He stated the current immigration laws put the council in conflict with their oath of office and the federal government. He explained how local law enforcement performs their duties with these laws in place. He provided statiscal data provided by I.C.E., explaining their methods of enforcement and providing a chronological history of the laws implemented. He stated that due process does occur regardless if someone is a citizen or not. He further stated that SB 54 has failed to protect the hard working people of the state. He concluded that public trust in policing is important, but so is keeping the people of San Dimas safe. In referencing the resolution that he submitted he mentioned there is a correction on page one seven paragraphs down "unfair related immigration passages" should read "unfair related immigration practices ", and second page second paragraph strike the "n" from American. He stated that a resolution is a position and thinks it is important that the city takes a position on this issue. Not taking a stand has led us to legislative trends that have redefined what felonies are. He does not believe an ordinance to exempt the city would be in the best interest but would be in support of considering an amicus brief. Mayor Morris pointed out that data from the United States shows the same trend in administrative arrests as the data reported from I.C.E. He stated that this is a national trend where I.C.E. has not deported as many people and is not only happening in California. He also stated City Council Minutes Page 8 April 24, 2018 that the working relationship with Los Angeles County Sheriff s Department works well, but there are issues with the City of Los Angeles. He also stated that local policing says that they can be effective with the law as it is now and that the issue to have this (SB54) is not a pressing issue; and there is no reason to depart from council's standard of taking positions on matters that are not directly related to municipal law. He added that the people of San Dimas did not elect him to pass resolutions about every issue that doesn't directly affect council's job to handle the municipal affairs of San Dimas. He added that the constitutionality of this will be determined by federal courts and at various federal levels. He also added that the City of San Dimas taking a position does nothing; the Sheriff s Department will continue to do their job. Councilmember Ebiner stated that the action tonight of a resolution would be symbolic and this may be the type of issue for that. He stated that fundamentally every person has basic human rights regardless of immigration status. He thought everyone could agree that the United States has borders that deserve some kind of control. He also stated that beyond the symbolism of the resolution, the council's job is to represent the residents of San Dimas. He stated it is dismaying to hear about the fear and anxiety and in his opinion no one from the immigrant community should experience this because he doesn't feel anyone is out to get them, it should be minimized. He added that it is a misconception that SB 54 protects undocumented aliens who are serious criminals. He also added that the Sheriffs Department investigates crimes and answers calls for service and helps people regardless of their immigration status. He further stated that no one should fear them, they are not out to deport anyone, they are here to keep the community safe. Council member Bertone thanked both sides for participating. He stated he will oppose any resolution that supports SB 54 or sanctuary city for two reasons: the constitution will take care of the matter in the judicial courts and he supports law enforcement where Chief Mc Donnell does not want cities to take a position on SB 54. He urged anyone wanting to take a position to call their state legislator as he did because he is not willing to take a position to go against the desires of the Sheriff s Department. Councilmember Badar stated that he blames the legislature of California. He spoke of his career with LAPD and the philosophy of Special Order 40, which is basically the same order that the Sheriffs Department is reacting to now. He explained the handling process between LAPD and the Sheriff s Department. He added that he never saw a problem except in the last few years. He spoke of the oaths he took as a Marine, police officer and councilmember as long as they did not conflict. He added that he would not support taking a stand on being a sanctuary city or opting out but will support a resolution that says we will uphold the rule of law. He asked if there is anything in the resolution that would suggest that the city is opting out or taking on an ordinance. In response to a member of the audience Mayor Morris responded that any resolution could only be considered if a member of the council made a motion to discuss it. Responding to questions from Councilmember Badar, City Attorney Steres explained that it is not required to read the complete resolution. He also explained that he views the opt out term's meaning that the council would not be complying and would be exempting itself from the law. He added this resolution does not opt out San Dimas from SB 54, does not change any policy of the Los Angeles County Sheriffs Department nor directs them to change any policies. He further City Council Minutes Page 9 April 24, 2018 added that it does state that San Dimas opposes SB 54. He read the ending of the resolution that spells out what the council resolves. Council discussed the matter of the rule of law and any future law changes by the state or federal government. Councilmember Vienna acknowledged the email correspondence that the council received on this issue. Councilmember Bertone pointed out that the statement in section two of the resolution may or may not be true. MOTION: Motion/second by Councilmembers Vienna/Badar to waive further reading and approve resolution 2018 -XX. Councilmember Badar requested that the full resolution be read. Councilmember Vienna amended the motion to approve and read in its entirety resolution 2018 -XX. Councilmember Badar seconds the motion. Councilmember Badar made the motion for the City Attorney to read the resolution in its entirety. Councilmember Vienna seconds the motion. City Attorney Steres read Resolution 2018 -XX in its entirety. Mayor Morris voiced concern with making findings for paragraphs 8, 9, 10, 11 and 13 of the resolution. Councilmember Badar voiced concern with paragraph 10 of the resolution. In response Mayor Morris stated that this area is more complicated than this language states. Councilmember Badar made a motion to remove paragraphs 10 and 11. Councilmember Vienna seconds the motion. Councilmember Ebiner made a statement on the symbolic message of Mr. Calderon's resolution. He added that Councilmember Vienna's resolution was measured and professional. He wondered what a symbolic gesture would do. He added that he believes in the rule of law, borders and that enforcing immigration policy is a federal law and the state should not interfere. He further added that he would like to vote and get past this and back to the kind of city we should be, the Sheriff s Department is not going to change its position by the city voting on a symbolic resolution against SB 54. He also added that he doesn't think the council's vote would have any real affect and would probably be more divisive than the council would want and so would not vote for the resolution. He concluded that he appreciated Councilmember Vienna bringing it forward. City Attorney Steres requested that the Assistant City Clerk take a roll call vote on the resolution with the amendments striking the two whereas clauses 10 and 11. City Council Minutes April 24, 2018 Roll Call vote: Councilmember Vienna: Yes Councilmember Ebiner: No Councilmember Bertone: No Councilmember Badar: Yes Mayor Morris: No The motion failed by vote of two to three. (2 -3) Page 10 Mayor Morris asked if there was a substitute motion to be made for another resolution. The consensus was that there was not. Councilmember Vienna asked for status on the other points of a consensus to adopt an ordinance or direction to pursue legal action. Council discussed and decided that there would not be two votes for these to move forward. ORAL COMMUNICATIONS a) Members of the Audience (Speakers are limited to five (5) minutes or as may be determined by the Chair.) 1) Mr. Calderon thanked council for their votes. 2) Rose Estrada asked for an update Metrolink and sound barriers. City Manager Michaelis responded that the project did not have funding to move on to the next phase of its design. They have appealed for and requested Cap and Trade money from the state. The decision could come in the next four weeks. 3) Beatriz Sandoval thanked council for holding the meeting in an acceptable manner and for a job well done. 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.) Resolutions read by title, further reading waived, passage and adoption recommended as follows: a) RESOLUTION 2018 -20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS APPROVING CERTAIN DEMANDS FOR THE MONTH OF APRIL 2018. b) Proposed 2018 -2019 Assessment Rates for Open Space Maintenance Districts: (1) RESOLUTION 2018 -21, A RESOLUTION OF THE CITY COUNCIL OF City Council Minutes April 24, 2018 Page 11 SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2018 -20119 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND FIXING A TIME AND PLACE FOR A PUBLIC HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE MAINTENANCE DISTRICT NOA (TRACT32818, BOULEVARD) (May 23, 2017) (2) RESOLUTION 2018 -22, A RESOLUTION OF THE CITY COUNCIL OF SAN DIMAS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING THE ENGINEER'S REPORT AND DECLARING ITS INTENTION TO LEVY AND COLLECT AN ASSESSMENT FOR FISCAL YEAR 2018 -19 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF1972 AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, AND FIXING ATIME AND PLACE FOR A PUBLIC HEARING FOR HEARING OBJECTIONS FOR OPEN SPACE MAINTENANCE DISTRICT NO. 1, ANNEXATION NO.3 (TRACT 32841, NORTHWOODS) (May 23, 2017) c) Approval of minutes for the March 27, 2018 Special City Council meeting. RECOMMENDED ACTION: Approve consent calendar as presented. END OF CONSENT CALENDAR POTION: Motion/second by Councilmembers Vienna/Badar 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 b) City Manager Mayor's call in show regular schedule. c) City Attorney Nothing to report. d) Members of the City Council 1) Councilmembers' report on meetings attended at the expense of the local agency. Nothing to report. 2) Individual Members' comments and updates Councilmember Vienna thanked the community for coming out. City Council Minutes Page 12 April 24, 2018 cCou ncilmember Ebiner comments on the success of CiClavia. Councilmember Bertone comments on the success of CiClavia and the Festival of Western Arts events. Mayor Morris announcement of the Post Office Annual Food Drive May 12, 2018. ADJOURNMENT The meeting adjourned at 12:30 a.m. in memory of Oversight Board Member David Hall. The next meeting will be on May 8th, 2018 at 7:00 p.m. 4#4z� 4111 -1, �4; Debra Black, Assistant City Clerk Curtis W. Morris, Mayor.