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MINUTES 2019/02/12SAN DIMAS CITY COUNCIL AND SAN DIMAS SUCCESSOR AGENCY MEETING MINUTES SAN TUESDAY, FEBRUARY 12t", 2019, 7:00 P.M. DIMAS SAN DIMAS COUNCIL CHAMBER � — 1960 245 E. BONITA AVENUE CITY COUNCIL: Mayor Curtis W. Morris Mayor Pro Tem John Ebiner Councilmember Emmett Badar Councilmember Denis Bertone Councilmember Ryan A. Vienna STAFF PRESENT: City Manager Blaine Michaelis Assistant City Manager Ken Duran Assistant City Manager Community Development Larry Stevens Interim City Attorney Jeff Malawy Director of Parks and Recreation Hector M. Kistemann Engineering Manager Shari Garwick Assistant City Clerk Debra Black CALL TO ORDER FLAG SALUTE Mayor Morris called the meeting to order and led the flag salute at 7:00 p.m. CLOSED SESSION REPORT BY CITY ATTORNEY — JANUARY 22, 2019 CLOSED SESSION City Attorney Jeff Malawy announced that Council meet with staff to discuss real property negotiations per Gov. Code 54956.8 with no reportable actions taken. 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.) Members of the Audience Bob Cruz Southern California Gas provided updates on SB3232 Zero Emissions Buildings and Sources of Heat Energy City Council Minutes February 12, 2019 Page 2 2. Claudia Cook resident requested the city consider improvements on Wehner Lane 3. Representative for residents living on Goldrush and Sutter Court addressed Council and staff over concerns of suspicious and possible illegal activity on or near the recycling center behind the Stater Bros. Grocery 4. Alba a resident who lives near the recycling center requested a possible relocation of the recycling center for the safety of the neighborhood 5. Another resident on Valley Center expressed same concerns for the safety of their neighborhood 6. Randy McDonald Railway Street expressed concern with criminal activities in his neighborhood and questioned the existing zoning 7. Nora Chen San Dimas Library Manager announcement of services, activities and events for the library 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 2019-05, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF JANUARY AND FEBRUARY 2019 b. Approval of minutes for the January 22, 2019 City Council meeting. c. Deny claim for Roberta Lohr vs. City of San Dimas (1989593 DBV) d. San Dimas Avenue Pedestrian and Bikeway Improvements Phase 1, from Arrow Highway to Puddingstone Drive. $895,000 Grant from Measure M Sub regional Funding San Gabriel Valley Council of Governments First Mile Last Mile. RECOMMENDED ACTION: Appropriate $15,000 from Measure 12 for Feasibility Study END OF CONSENT CALENDAR MOTION: Motion/seconded by Councilmembers Badar/Bertone to approve the consent calendar as presented. The motion passed by unanimous vote. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None City Council Minutes February 12, 2019 Page 3 PUBLIC HEARING a. F & A Parcel Map, Tentative Parcel Map No. 82472 (TPM-18-0001), A request to consolidate five parcels (six APN's) into one lot in the Creative Growth Zone, Area 2. No physical development is proposed at this time. Site location - 442 W. Bonita Avenue and other undeveloped parcels. (APN's 8386-017-011, -900, -901, -902, -903, -904) RESOLUTION 2019-06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING TENTATIVE PARCEL MAP NO. 82472 (TPM-18-0001) RECOMMENDED ACTION: Staff recommends that the City Council Tentative Parcel Map No. 82472 (TPM-18-0001) Associate Planner Jennifer Williams presented staff s report on this item. Responding to Councilmember Ebiner, Mrs. Williams replied that the Sunnyside Apartments and the Senior Apartments over the hardware store are the only residential developments allowed in the Creative Growth Zone. She added these were approved with conditional use permits. She replied that the owners have indicated wanting to develop the property; however an application has not been submitted to staff. They have gone through some entitlement steps with Planning and the Development Plan and Review Board. Responding to Councilmember Badar Assistant City Manager of Community Development Larry Stevens stated that at one time a residential developer expressed interest in medium density condos on the bowling alley property but that never materialized, but there continues to be interest from others. Mayor Morris opened the public hearing for comments from the public at 7:43 p.m. 1) Randy Mc Donald asked if the consolidation further reinforces the commercial use of the bowling alley property or if demographic or population trends have been taken into consideration. Mayor Morris responded that the State is more interested in high density projects and that only senior housing is permitted at this site. On request from Councilmember Badar, City Manager Blaine Michaelis explained the history of the Redevelopment Program and what the dismantlement of the program did to cities. Assistant City Manager Ken Duran added that the Successor Agency currently owns the Bonita Cataract property and a small piece of property on the East side of Cataract below the railroad tracks. Noting no further speakers, the Mayor closed the public hearing and brought the item back to Council for discussion at 7:50 p.m. City Council Minutes February 12, 2019 Page 4 MOTION: Motion/seconded by Councilmembers Berton/Badar to waive further reading and adopt Resolution 2019-06. The motion passed by unanimous vote. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None Responding to Councilmember Ebiner, Mrs. Williams stated that the project would only be presented to the Council if an appeal is requested or a Councilmember called it up. Councilmember Ebiner stated he was in favor of combining the parcels, but the city should be looking at a more cohesive view of the Frontier Village area of the Creative Growth Zone and a more coherent plan of the downtown area. Congestion Management Program Opt -Out RESOLUTION 2019-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM RECOMMENDED ACTION: Staff recommends that the City Council adopt the attached Resolution 2019-07 electing to be exempt from the CMP. Planning Manager Fabiola Wong presented staff s report on this item. Responding to Councilmember Bertone, Mrs. Wong stated that cities received Gas Tax funds after submitting annual compliance reports and there will be no risk if cities opt -out. She added that Pasadena opted -out, Long Beach, City Los Angeles and Los Angeles County will consider later this month and March. Mayor Morris opened the public hearing for comments from the public at 8:03 p.m. Seeing no one wishing to speak Mayor Morris closed the public hearing and brought the item back to council for decision. MOTION: Motion/seconded by Councilmembers Bertone/ Badar to waive further reading and adopt Resolution 2019-07. The motion passed by unanimous vote. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None OTHER MATTERS Adoption of amendments to various sections of the San Dimas Municipal Code implementing sidewalk vending regulations. City Council Minutes February 12, 2019 Page 5 ORDINANCE 1265, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, ADOPTING AND AMENDING VARIOUS SECTIONS OF THE SAN DIMAS MUNUCUOAL CODE IMPLEMENTING SIDEWALK VENDOR REGULATIONS (First Reading and introduction) RECOMMENDED ACTION: Staff recommends that the City Council introduce Ordinance 1265, amending various sections of the San Dimas Municipal Code implementing sidewalk vendor regulations in conformance with the State Government Code. Assistant City Manager Ken Duran presented staff s report on this item. Responding to Councilmember Badar Mr. Duran responded that enforcement could be handled by Code Enforcement or the Sheriff s Department; however staff does not feel that San Dimas has the density of traffic in our residential areas or parks where vendors are more commonly found. Responding to Councilmember Bertone, Mr. Duran confirmed that there could be a variety of items sold by the vendors. Responding to Councilmember Vienna, Mr. Duran stated that the Deputies can write city code violations using regular cites by writing adding the city violation code. Councilmember Vienna stated that in his experience it would be more efficient if the Deputies had the city administrative citations to issue. He stated he would support the policy and thanked staff for spending the time to examine the issue and produce something that will keep the community in its current state. City Attorney Malawy clarified that the State requires that cities allow roaming sidewalk vendors to operate inside parks even if the city has an exclusive concessionaire agreement. Responding to Councilmember Ebiner, Mr. Duran answered that vendors cannot push their carts in the street, must be on the sidewalk and maintain a 4 ft. path of travel as they are moving, and stationary stands are not allowed in residential areas. He added that there are no limitations on size and the only restriction is products being sold must be inside the stationary cart, there can be no other tables or stands that would expand the area. Responding to Councilmember Badar, Mr. Duran vendors would be permitted inside Civic Center Park even though there are limited sidewalks. Responding to Councilmember Vienna, Mr. Duran vendors must not be within 500 ft. of the perimeter of events such as the Boosters Car Show, San Dimas Rodeo, Wine Walk, Rodeo, etc. Councilmember Bertone shared that staff and the City Attorney did a good job producing this policy. He added that the weekend enforcement could become a problem. In response, Mr. Duran stated this will be an evolving process and staff will monitor it to see how big the problem might become, take a look at how many permits are issued and make adjustments as warranted. City Council Minutes February 12, 2019 Page 6 -- MOTION: Motion seconded by Councilmembers ViennaJBadar to introduce Ordinance 1265. The motion passed by unanimous vote. (5-0) YES: Badar, Bertone, Ebiner, Morris, Vienna NOES: None ABSENT: None ABSTAIN: None Gold Line (Verbal Update) City Manager Blaine Michaelis provided the update with Assistant City Manager of Community Development Larry Stevens supplying additional comments. • High bid amounts resulted in adjusting the project to end in La Verne • $133 million reduction in project costs • Reduced contingency to 10% from 15 % • Purchasing fewer cars • Lessened Metro's contribution from Gold Line • Reduced staff by Metro • Cities and Board members instructed Metro staff to come up with other options for obtaining the $97 million additional funds that would get to Pomona • Metro approved a $97 million commitment of funds with no identifiable source • August notice to proceed could be issued • Construction completion 2025 • Metro testing one year after completion Staff is expecting EIR in March with 45 days to submit a response. Meeting with Metro staff on first last mile draft around first of April. Staff s preference is that the word "Downtown" be included with "San Dimas Station". Update on status of Homeless Grant filed jointly with Glendora and La Verne (Verbal Update) Assistant City Manager of Community Development Larry Stevens presented the update. The meeting recessed to a meeting of the Successor Agency at 8:45 p.m. SUCCESSOR AGENCY a. Secure the services of Ko smont Companies to apply their professional expertise and resources to explore and confirm the best ways to achieve restaurant and food uses for the Successor Agency owned property on the south side of Bonita between Acacia and Cataract. Councilmember Ebiner recused himself from the discussion on this item because he owns property within 500 ft. of the property. He left the dais at 8:45 p.m. City Manager Michaelis presented staff s report on this item. He requested an appropriation of $20,000 be set aside in case there are costs associated with this stage of the process. City Council Minutes February 12, 2019 Page 7 Responding to Councilmember Badar, Mr. Michaelis stated Kosmont will explore all options and give feedback regarding how the market would react to a San Dimas location. He added they will present to Council the results of them actively exploring, marketing and speaking with those in the business of restaurants and development and what their interest may or may not be. He also added that there is no cost to the city at this phase. Councilmember Vienna stated the Council and staff had a number of conversations and listened to the community regarding this property and this proposal brings in someone with the expertise to evaluate if something different can be done on the property. He added that he feels the landscape has changed for the use of the property. MOTION: Motion/seconded by Councilmembers Vienna/Badar to approve the appropriation of $20,000. YES: Badar, Bertone, Morris, Vienna NOES: None ABSENT: Ebiner ABSTAIN: None The City Council meeting reconvened at 9:00 p.m. with all members present. ORAL COMMUNICATIONS (Speakers are limited to five (5) minutes or as may be determined by the Chair.) Members of the Audience 1) Isabel resident expressed her appreciation for the council listening to the community's concerns on the issue of the Bonita Cataract property 2) Randy McDonald encouraged the Council to consider the suggestions and ideas expressed by Councilmember Ebiner. 3) Pete Sluis shared updates on Metrolink fatalities and other data related to public transportation options/choices 4) Wendy Gish shared concerns with legislation that takes away choices from the public 5) Resident thanked council for listening to the community regarding the Bonita/Cataract project City Manager Announcement of the Mayor's Call in Show on February 14, 2019 City Council Minutes February 12, 2019 Page 8 City Attorney City Attorney Malawy explained that in light of recent FPPC rulings/changes he spoke with Councilmembers Vienna and Ebiner about properties they own within the Downtown Specific Plan and advised them to recuse themselves from the presentation on the agenda tonight. He has reached out to the FPPC for further advisement and analysis on this matter. a. Members of the City Council 1) Request for Information: i. SB 50 Update Assistant City Manager of Community Development Larry Stevens provided this update. Responding to Councilmember Bertone, Mr. Stevens stated that if a property is not zone residential it is not subject to S1350. Responding to Councilmember Ebiner, Mr. Stevens stated there are some additional restrictions that apply in order to be eligible: 1) must be zoned to allow housing or mixed use, 2) inclusionary ordinances must be addressed, 3) site not occupied by tenants for at least 7 years, 4) site complies with all wage standards applicable to projects eligible for streamlining (per SB35), 5) site complies with other relevant standards, requirements and prohibitions on architectural design, restrictions on demolition, impact fees and community benefit agreements. Mr. Stevens suggested that the City follow the League of California Cities lead and continue to watch for changes before producing a letter of opposition. Responding to Councilmember Ebiner, Mr. Stevens stated the developer is probably required to enter into an agreement guarantying the affordability for 55 years, but there is no obligation to the city to provide financial assistance. He added that if there is nothing specified there is no requirement. He also added that if the city had an inclusionary ordinance it could impose its own affordability in order to be eligible, if not we would use the state's standard for density bonuses. Council and staff continued discussions on this item. ii. Downtown Specific Plan Update ii-. Councilmember Ebiner and Vienna recused themselves from this item and left the dais at 9:55 p.m. Assistant City Manager of Community Development Larry Stevens provided this update. 2) Councilmembers' report on meetings attended at the expense of the local agency Nothing reported. City Council Minutes February 12, 2019 Page 9 3) Individual Members' comments and updates Councilmember Vienna reports/comments: • Request to appoint the Interim City Attorney to City Attorney • DUI checkpoint upcoming in the city • S addlecreek development standing water issue Councilmember Badar reports/comments: • Suggested community meetings for the hotel project City Manager Michaelis added that staff is waiting for results from Kosmont Councilmember Bertone reports/comments: • SGVCOG has formed a management task force to address coyotes and San Dimas a member of the task force Adjourned at 10:10 p.m. in memory of Councilmember Ebiner's father Mr. Robert Ebiner. { Debra Black, Assistant City Clerk Curtis W. Morris, Mayor