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MINUTES 2018/12/11M • --qm CITY COUNCIL/HOUSING AUTHORITY/SAN DIMAS PUBLIC FACILITIES AND FINANCING CORPORATION MEETING MINUTES SAN TUESDAY, DECEMBER 11th, 2018, 7:00 P.M. DIIMy AS SAN DIMAS COUNCIL CHAMBER 1960 245 E. BONITA AVENUE CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tern John Ebiner Councilmember Emmett Badar Councilmember Denis Bertone Councilmember Ryan A. Vienna STAFF: City Manager Blaine Michaelis Assistant City Manager/City Clerk Ken Duran Assistant City Manager Community Development Larry Stevens City Attorney Mark Steres Public Works Director Krishna Patel CALL TO ORDER FLAG SALUTE Mayor Morris called the meeting to order and led the flag salute at 7:00 p.m. RECOGNITIONS Mayor Morris presented a Proclamation to resident Sebastian Picardi for his heroic efforts in saving the life of a car accident victim on November 1, 2018. 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 and ask 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) Pete Sluis resident — Commented on attending the Gold Line first mile last mile meeting. He suggested having upgrades to the Metrolink crossings including in the Gold Line project. City Council Agenda December 11, 2018 Page 2 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: 1) RESOLUTION 2018-61, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF NOVEMBER AND DECEMBER, 2018 b. Approval of minutes for the November 13'h and November 27th, 2018 City Council meetings. c. Approve Administrative Services Agreement with the San Dimas Housing Authority. d. RESOLUTION 2018-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, ADOPTING AND EXTENDING THE PAY PLAN AND REIMBURSEMENT SCHEDULE Mayor Pro Tern Ebiner made a correction to the November 27t' minutes. Under the Housing Authority draft minutes there was a motion to approve the consent calendar. He clarified there was not a consent calendar the motion was to approve the action items. Councilmembers Bertone and Vienna abstained from the approval of the November 13t' minutes since neither of them were in attendance. MOTION: With the correction and abstentions, motion/second by Councilmember Ebiner/Badar to approve the consent calendar as submitted. The motion passed by unanimous vote. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None END OF CONSENT CALENDAR PUBLIC HEARING a. ORDINANCE 1264, ADDING CHAPTER 14.06 OF THE SAN DIMAS MUNICIPAL CODE REGARDING ONSITE WASTEWATER TREATMENT SYSTEMS (OWTS), ADOPTING BY REFERENCE COUNTY OF LOS ANGELES ORDINANCE NO. 2018-0037, AND APPROVAL TO ENTER INTO MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC HEALTH AND CITY OF SAN DIMAS REGARDING OWTS (Second Reading, Introduced at November 27, 2018 meeting) City Council Agenda. December 11, 2018 Page 3 Public Works Director Patel reported that staff feels that they need more time to identify all of the septic tanks in the City and not adopt the Ordinance this evening and defer taking action until sometime next year. Mr. Stevens added that the net effect of deferring action is that the City staff will continue with in-house plan checks for new or revised septic tanks. Mayor Morris opened the Public Hearing. There being no comments he closed the hearing. MOTION: Motion/second by Councilmembers Vienna/Badar to table action on this item until a date uncertain. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None OTHER BUSINESS a. Approve and authorize the Mayor to sign a Letter of Agreement between the City and the San Dimas Festival of Arts regarding financial assistance. City Manager Michaelis reviewed his staff report on this matter. He added that due to declining art sales in recent years the Festival expressed concern for their ability to conduct a show in the spring of 2019 and asked the City for financial assistance for that show. He added that previous Council direction was for staff to prepare an Agreement to provide up to $15,000 to the Festival toward the expenses of the 2019 spring show. He outlined the details of the Agreement. MOTION: Motion/second Councilmembers Badar/Ebiner to approve and authorize the Mayor to sign the Agreement with the Festival of Arts for financial assistance for the spring 2019 show. Councilmember Bertone abstained since he is on the Festival Board. (4-0-1) In response to a question by Councilmember Vienna, Mr. Michaelis confirmed that the Agreement provides up to $15,000 with no promise of repayment or commitment after 2019. YES: Badar, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: Bertone b. Appoint interim City Attorney RESOLUTION 2018-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPOINTING JEFFREY MALAWY INTERIM CITY ATTORNEYON AN INTERIM BASIS Mr. Michaelis reported that Mark Steres is retiring as City Attorney. He added that staff interviewed several attorneys from the firm of Aleshire & Wynder, and the City Council had the City Council Agenda December 1 1, 2018 Page 4 chance to interview one final candidate. The proposed Resolution would approve the appointment of Jeff Malawy as the interim City Attorney. MOTION: Motion/second Councilmembers Berton/Vienna to adopt Resolution 2018-63 appointing Jeff Malawy as City Attorney on an interim basis. (5-0) AYES: B ertone, Vienna, Morris, B adar, Ebiner NOES: None ABSENT: None ABSTAIN: None c. Approve City Manager Employment Agreement with Kenneth J. Duran Mr. Michaelis commented that after 40 years he has made to decision to retire effective May 3, 2019. He added that this item is being discussed far in advance to provide for a smooth transition. He commented that the item before the Council is an employment agreement with Mr. Duran that would be effective on May 3rd upon his retirement. He reviewed the key elements of the agreement. Councilmember Vienna made a correction to the adoption date in the Agreement. MOTION: Motion second Councilmembers BadarBertone to approve the Employment Agreement with Kenneth J. Duran. (5-0) AYES: B adar, B ertone, Morris, Ebiner, Vienna NOES: None ABSENT: None ABSTAIN: None d. Gold Line Update — Potential authorization to prepare comments regarding the upcoming supplement EIR for a project design. Mr. Stevens reported on two recent Gold Line related meetings. The first being a First Mile Last Mile meeting which is a part of a study of all the extension cities to identify ways people will get to and from stations to their final destination. Mr. Stevens reported on the second meeting which was a scoping meeting to review and receive comments on changes to the environmental review due to the recent changes in the project scope due to the funding shortfall. He added that there is a 30 day comment period to comment on to the changes in the environmental scope. He added that the Notice of Preparation identified some general impacts in some categories, but is a little de-minimus. Mr. Stevens reported that the Scoping meeting only occurred last night so there wasn't time to prepare a written staff report. He did distribute bullet point comments and asked for additional Council comments and authorization to submit a formal response from the City. He further added that comments are due prior to the next regular Council meeting. City Council Agenda December 11, 2018 Page 5 Mr. Stevens emphasized that some of the greater impacts have to do with traffic and parking impacts of the new temporary terminus station in La Verne and the near terminus station in San Dimas. He reviewed some of those impacts. The consensus of the Council was that they were in agreement of the points Mr. Stevens raised and gave staff authorization to prepare a formal letter for submittal the Authority. MEETING OF SAN DIMAS PUBLIC FACILITIES FINANCING CORPORATION a. Public Comments None. b. Approval of the minutes of December 12, 2017 meeting MOTION: Motion second Badar/Vienna to approve the minutes with the correction of Councilmembers name. (5-0) c. Election of Officers Mr. Michaelis reported that traditionally the Mayor is President, Mayor Pro Tem Vice President and City Manager Secretary/Treasurer. MOTION: Motion/second Bertone/Vienna to elect the officers as described by the City Manager. (5-0) d. Members of the Corporation No comments. 7. MEETING OF SAN DIMAS HOUSING AUTHORITY CORPORATION a. Public Comments None. b. Approval of Minutes of December 12, 2017 MOTION: Motion second Bertone/Vienna approval of December 17, 2017 minutes. (5-0) c. Annual Audit Report for Authority (Receive and File) MOTION: Motion second Bertone/Vienna to receive and file the Annual Audit Report. (5-0) d. Administrative Services Agreement (Receive and File) City Council Agenda December 115 2018 Page 6 MOTION: Motion/second Bertone/Ebiner to receive and file the Administrative Services Agreement. e. Election of Officers of the Authority Mr. Michaelis reported that traditionally the Officers are Mayor as Chair, Mayor Pro Tem as Vice -Chair and City Manager as Executive Director. MOTION: Motion/second BertoneBadar to approve the slate of officers. (5-0) ORAL COMMUNICATIONS a. Members of the Audience Pete S1uis, resident commented that at the last Metro Board meeting reaffirmed that the Gold Line is still a high priority project. He added that project is not on time and is over budget. He also added some additional updates from the Metro Board meeting. Wendy Guise resident wished the Council Merry Christmas and she appreciates the Council and staff. b. City Manager City Manager Michaelis commented that this is City Attorney Mark Steres last meeting and thanked Mark for not only his legal opinions but also being a part of the staff team. Each of the Councilmembers thanked Mark and congratulated him on his retirement. c. City Attorney Mr. Steres thanked the City Council and staff for their kind words. He commented that he has been with the City for 33 years and it has been a pleasure. Mr. Steres also mentioned that there is a closed session matter on the agenda to discuss a potential settle agreement in the Moghadam case. 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 reported/commented on: • This is a historic time with the retirement of Mark and Blaine in May and potentially other changes and he thanked staff for taking succession planning to heart. City Council Agenda December 11, 2018 Page 7 New Sheriff Alex Villanueva was just sworn in and he is very interested in community policing. He is not supportive any type of congestion pricing. He suggested that next year maybe we can spice up the outside of City Hall with holiday decorations. Councilmember Ebiner reported/commented on: • Suggested that during the budget process maybe staff can consider what it would take or cost to stream on the internet study session meetings. Councilmember Badar reported/commented on: • Thanked the Sheriff s Department for recent responses in Via Verde. Councilmember Bertone reported/commented on: • Wished everyone a Happy Holidays Mayor Morris • Commented on the success of the Holiday Extravaganza. 9. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION (Pursuant to Government Code Section 54956.9) Name of Case: Moghadam v. City of San Dimas .(Los Angeles Superior Court Case No. BS 171138) Mayor Morris recused himself from the closes session and did not participate. Following the closed session, City Attorney Steres reconvened into the City Council chambers and announced, "the City Council discussed the settlement agreement for the Moghadam v. San Dimas matter, and on motion by Councilmember Badar and seconded by Councilmember Vienna, the City Council unanimously approved the settlement agreement. The meeting adjourned at 8:40 p.m. f Ken Duran, City Clerk Curtis W. Morris, Mayor