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MINUTES 2020/05/12^A CITY COUNCIL MEETING MINUTES SAN TUESDAY MAY 12t'', 2020 7:00 P. M. DIMAS SAN DIMAS COUNCIL CHAMBER 1960 245 EAST BONITA AVENUE THE MAY 121h 2020 CITY COUNCIL MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-29-20 THE CITY COUNCIL CHAMBERS WILL BE CLOSED TO THE PUBLIC Pursuant to the Governor's Executive Order dated March 17, 2020, the City Council is authorized to hold public meetings via teleconferencing and to make meetings accessible electronically to all members of the public seeking to observe and to address the legislative body. All Brown Act provisions that require the physical presence of City Councilmembers or the public for City Council meetings are waived. Please review page four of this document for instructions on public participation. A public agenda packet is available for review on the City's website www.sandimasca.gov or by contacting the City Clerk's Office at cityclerkLa)sandimasca.gov. ROLL CALL: Mayor Emmett Badar, Mayor Pro Tern Ryan. A Vienna, Councilmember Denis Bertone Councilmember John Ebiner- via teleconference, Councilmember Eric Weber STAFF: City Manager Ken Duran, Assistant City Manager Brad McKinney, Director of Public Works Shar Garwick, Director of Parks and Recreation Hector Kistemann, Director of Community Development Henry Noh, City Clerk Debra Black, City Attorney Jeff Malawy CALL TO ORDER AND FLAG SALUTE Mayor Badar called the meeting to order and led the flag salute at 7:02 p.m. Roll Call: Mayor Badar: Present Mayor Pro Tem Vienna: Present Councilmember Bertone: Present Councilmember Ebiner: Present Councilmember Weber: Present ANNOUNCEMENTS Proclaim May as Older American Recognition Month and Recognize Honorees City Council Minutes May 12th, 2020 Page 2 Parks and Recreation Manager Tim Pagano read the aspects of the Older Americans Month Program and announced the honorees. Mayor Badar read the City prepared proclamation for all the honorees. 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 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.) City Manager Ken Duran explained the process for receiving oral communications under the COVID-19 mandates. City Clerk Debra Back announced that emails had been received prior to the meeting, they have been posted on the City's website, copied to the Council and will be added to the permanent record. Mayor Badar announced that item 6a will be pulled from the agenda because the Motel and the County came to an agreement that the San Dimas location would not be used for the Project RoomKey Program. Item 5e will also be pulled due to an incorrect description of the claim information. Members of the Audience Caller #1— Florencio Briones President of the E1 Monte Union School District read a letter of support for the Project RoomKey Program in San Dimas. City Clerk Debra Black read into the record emails from residents Isabel Ebiner and David Bui. In response to the email regarding opening City recreation activities, Mr. Duran responded that the City is following County guidelines as far as opening up businesses and recreation opportunities and as of now there are no established restrictions or timelines for when ball fields might open up. He added that City Recreation Staff is monitoring the progress on this. 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: City Council Minutes May 120', 2020 Page 3 RESOLUTION 2020-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, APPROVING CERTAIN DEMANDS FOR THE MONTHS OF APRIL AND MAY, 2020. Approval of meeting minutes of October 14, 2019 Council/Staff Retreat, and the December 10, 2019 Study Session Approve Agreement with National CORE for Housing Element Update in the amount of $111,798.00 for the 2021-2029 (61h Cycle) RESOLUTION 2020-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NATIONAL COMMUNITY RENAISSANCE (NATIONAL CORE) FOR THE 2021- 2029 (6t' CYCLE) GENERAL PLAN HOUSING ELEMENT UPDATE RECOMMENDED ACTION: Adopt Resolution 2020-25 authorizing the City Manager or designee to execute an agreement with National CORE for an amount of $111,798.00 for the 2021-2029 (61' Cycle) Housing Element Update. Approve the Cooperation Agreement for the City of San Dimas' Continued Participation in the Los Angeles Urban County Community Development Block Grant Program RESOLUTION 2020-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY AUTHORIZING THE MAYOR, OR HIS/HER DESIGNEE, TO SIGN A COOPERATION AGREEMENT WITH THE COUNTY OF LOS ANGELES RECOMMENDED ACTION: Adopt Resolution 2020-26 and authorize the City Manager or Assistant City Manager to execute any and all documents necessary to further participate in the CDBG Program. Deny Claim for Clark vs. City of San Dimas (3000254 GRV) San Gabriel Valley Council of Governments Letter to Congress — COVID-19 Funding Los Angeles County Response Letter to San Gabriel Council of Government — Project Roomkey END OF CONSENT CALENDAR Councihmember Bertone requested additional information be presented to the Council on item 5c regarding the Housing Element at a future meeting. MOTION: Motion/seconded by Councilmember Bertone/Mayor Pro Tern Vienna to approve the consent calendar. City Council Minutes May 12th, 2020 Page 4 Mayor Badar also had questions regarding item 5 c the Housing Element and requested the item be removed for further discussion. AMENDED MOTION: Motion/seconded by Mayor Pro Tem Vienna/Bertone to approve the consent calendar with the removal of items Sc for further discussion; and item Se to be presented at a future meeting. Motion carried. (5-0) Roll Call Vote: Mayor Badar: Yes Mayor Pro Tem Vienna: Yes Councilmember Bertone: Yes Councilmember Ebiner: Yes Councilmember Weber: Yes City Manager Ken Duran called on Director of Community Development Henry Noh to provide staff s report on item Sc. Responding to Councilmember Bertone, Mr. Noh replied that the State is only looking to see that these sites are potential options and the City, only needs to provide the opportunity at this point, Responding to Mayor Badar, Mr. Noh replied this company has done other development types like specific plans and general plan developments. MOTION: Motion seconded by Councilmembers Ebiner/Weber to adopt Resolution 2020-25 authorizing the City Manager or designee to execute an agreement with National CORE for an amount of $111,798.00 for the 2021-2029 (6�Cycle) Housing Element Update. Motion carried. (5-0) Roll Call Vote: Mayor Badar: Yes Mayor Pro Tem Vienna: Yes Councilmember Bertone: Yes Councilmember Ebiner: Yes Councilmember Weber: Yes OTHER BUSINESS Resolution Opposing the County's Use of Motel in San Dimas for the Project Roomkey Program This item was removed from the agenda. Motel 6 owners and the County came to an agreement that the location would not be used for Project RoomKey Program. City Council Minutes May 12th, 2020 Page 5 FY 20-21 Budget Update — Budget Process and Revenue Projections City Manager Ken Duran provided an update on the budget process and gave some background information as far as analysis and revenue projection in light of on the COVID-19 Pandemic. He provided the following budget meeting schedule: l . Special City Council Meeting Preliminary Budget discussion — May 20th, 2020 2. 21 Budget Study Session prior to May 26th, 2020 City Council meetm*g — review suggested changes 3. 3rd Study Session week of June 1 St, 2020 if needed for refrain g 4. June 0', 2020 draft budget 5. June 23rd, 2020 adopt final budget p g Mr. Duran reviewed the City's current operating status during the COVID-19 Pandemic that included some financial impacts through a PowerPoint presentation. Responding to Mayor Badar, Mr. Duran replied that through the Federal CARES Act, there was a request from local governments that monies be available to them that would allow them to back fill some of the lost revenues. He stated that what was adopted was for agencies with populations over 500,000, smaller cities were not included. He added the City along we with the League of g California Cities wrote a letter requesting to be ineluded in the reiteration two weeks ago, but were not. He stated there was a CARES Act Bill introduced yesterdaythat does include funding g for local governments with populations Jess than 5 00, 000 and he will re -dram the letter sent two weeks ago supporting the move to include this in the new bill. He further stated the City and League of California Cities is putting pressure on the State to trickle down some of the funding they receive to local governments. Responding to Mayor Pro TemVienna, Mr. Duran replied that Sycamore Equestrian Center is not clo sed, but the number o f bo aders has declined and they have asked for some deferral o f rents. Responding to Mayor Badar, Mr. Duran replied that currently part time staff are -not working and there is an offset to expenditures because of this. He also stated that Staff would anticipate loss of revenue through summer if the possible scenario of extending that Stay at Home Orders through August is considered by the Board of Supervisors. Responding to Councilmember Ebiner, Mr. Duran replied part time staff is still on payroll, receiving benefits and some are eligible for unemployment.. Civic Center Park Sidewalk Improvement Proi ect Update — Council Guidance Director of Public Works Shari Garwick presented staff s report on this item. Responding to Councilmember Bertone, Mr. Duran replied there are two sources of funding for the project, the electrical will come from our lighting district fund, the balance of the project (concrete work) was budgeted at a certain funding level. Any additional funds would have to come from general reserves or money in one of the City's Park Development funds that could City Council Minutes May 121h, 2020 Page 6 fund either option two or three, but this would draw down all of the balance effecting future projects. Responding to Councilmember Ebiner, Mrs. Garwick replied staff is proposing regular sidewalk standard street light candles, and will be deleting lights on Iglesia South of First Street. She added the plan was always to put street lights on the perimeter of the park. Additionally, she stated the ADA would require the concrete adjacent to the curb at the corner location, but that staff would look into Councilmember Ebiner's suggestion of moving closer from the walkway to the stage. Responding to Councilmember Weber, Mrs. Garwick confirmed that exercise equipment had already been purchased. MOTION: Motion/seconded by Mayor Pro Tern Vienna/Councilmember Bertone to move forward with alternative number three. Responding to Councilmember Ebiner Mrs. Garwick replied alternate one is a total estimate of $276,000, option three is $432,000. She added alternate one is within budget around $30,000, alternate three would require an appropriation of approximately $125,000 and of that $30,000 would come from the restricted lighting fund and approximately $95,000 from a park fund. Councilmember Ebiner stated typically he would be in favor of supporting a parks project with an option three, but he feels the City should be conservative and supports option number one. Council continued discussing their reasons of support for the different options. The Mayor opened the discussion for public comments. There were no public comments. Mayor Pro Tem Vienna amended his motion to include splitting the cost for the lighting with half from reserves and half from the park reserves. Motion carried (4-1) with Councilmember Ebiner opposed. Roll Call Vote: Bertone: Yes Ebiner: No Vienna: Yes Weber: Yes Badar: Yes Recreation Needs Assessment Project Director of Parks and Recreation Hector Kistemann presented staff s report on this item. RECOMMENDED ACTION: 1) Approve the Stakeholder list City Council Minutes May 12th, 2020 Page 7 2) Authorize staff to continue with the Parks and Recreation Needs Assessment, Phase 3, by conducting Virtual Townhall Meetings, Stakeholder Interviews and Scoping Sessions 3) Use Facebook Live, YouTube Live and other virtual platforms in relation to the Parks and Recreation Needs Assessment Councilmember Bertone asked if this could be delayed. Council and staff discussed the selection options of the stakeholders, timing of the project and community outreach sources. Mayor Pro Tem Vienna suggested including KWST as another resource to engage members of the community. MOTION: Motion by Councilmember Ebiner to approve staff recommendation .with the addition of including a paper alternative (TBD) and an appointee of each Councilmember to the stakeholder interview body. Mr. Duran clarified the roll of the stakeholders. AMENDED MOTION: Motion/seconded by Councilmembers Ebiner/Weber to remove the Councilmember from the stakeholders list, add a Councilmember appointee for each Councilmember to the stakeholder interviews and include the Public Access option. The motion failed (3-2) with Mayor Pro Tem Vienna, Councilmember Bertone and Mayor Badar opposed. Mayor Pro Tem Vienna stated that there is sufficient community input from the commission appointees and general members of the community on the authorized stakeholders lists. The Mayor opened the discussion for public comment. There were no calls from the public. Doll Call Vote: Bertone: No Ebiner: Yes Vienna: No Weber: Yes Badar: No MOTION: Motion/seconded by Mayor Pro Tem Vienna/Councilmember Weber to approve staff s recommendation of item number one, the stakeholder's list as amended to reflect the removal of one Councilmember to allow one representative of the Parks and Recreation Commission, one representative of the Equestrian Commission and add one more community member to the at large list. MOTION: Motion/seconded by Mayor Pro Tem Vienna/Councilmember Weber approve item number two to include the Public Access Channel medium as well as the paper survey and item three. City Council Minutes May 12th, 2020 Page 8 Councilmember Ebiner disagreed with not having the additional four members on the stakeholders lists, but supports the motion because the project is needed. Mayor Badar said that he also would like to see two Parks and Recreation Commissioners and two Equestrian Commissioners. AMENDED MOTION: Motion seconded by Mayor Pro Tem Vienna/Councilmember Weber to amend the motion to reflect two Parks and Recreation Commissioners and two Equestrian Commissioners and remove the Councilmember. The motion carried. (4-1) with Councilmember Bertone opposed. Roll Call Vote: Bertone: No Ebiner: Yes Vienna: Yes Weber: Yes Badar: Yes Status Report on Emergency Response/Continuity of Operation Plan for Local Government City Manager Ken Duran provided this status report. ORAL COMMUNICATIONS Members of the Audience (Speakers are limited to five -minutes or as may be determined by the Chair.) Caller #1 read a statement on the community and Councilmember involvement regarding the Project RoomKey at the local Motel-6. City Manager No additional reports. City Attorney Nothing reported. Members of the City Council Councilmembers' report on meetings attended at the expense of the local agency Nothing reported. City Council Minutes May 12th, 2020 Individual Members' comments and updates Councilmember Ebiner comments requests: • Broadcast quality is still poor .and should be looked at • Disappointed in the Civic Center Park Plan Councilmember Weber • Attended the recent Arbor Day Event • Acknowledged the community participation in the Project RoomKey discussions Mayor Pro Tem Vienna Page 9 • Request for report back from staff on unfunctional Municipal Codes —specifically grading restrictions • Update request on the project at Pioneer Square • Acknowledgement of community participation in the Project RoomKey discussions and comments clarifying city communication Councilmember Bertone: • Acknowledgement of Older American Month • COG letter to lobbying for additional funds to cities with population under 500,000. Mayor Badar: • Request for update on the Coyote Management Plan • Reminder to the community of Mosquito infestation • Acknowledgement of the cooperation between the G6 Group (Motel 6) and the City The meeting recessed to a closed session at 10:00 p.m. CLOSED SESSION I. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section. 54956.9(d)(2): One case —Letter from Shenkman &Hughes regarding California Voting Rights Act. 2. CONFERENCE WITH LEGAL COUNSEI—ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4): One case. 3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION City Council Minutes May 12th, 2020 Title: City Manager Page 10 Following the closed session, the City Attorney made a public announcement that the City Council met and discussed items 1 and 3 on the closed session agenda, and did not discuss items 2 and 4. On Item 1, the City Attorney reported the City Council discussed the matter and gave direction to staff, but no reportable action was taken. On item 3, the City Attorney reported the City Council decided to place the City Manager, Ken Duran, on paid administrative leave effective immediately. Due to the need for the item arising after the posting of the agenda, and due to the need for immediate action, the City Council voted unanimously to add a closed session item to the agenda, described as follows: PUBLIC EMPLOYEE APPOINTMENT, Title: Acting City Manager The City Council entered a closed session on that added closed session item. Following that closed session, the City Attorney made a public announcement that the City Council decided by a unanimous vote to appoint Brad McKinney as Acting City Manager, effective immediately. ADJOURNMENT The meeting adjourned at approximately 12:45 am on Wednesday, May 13, 2020. Debra Black, City Clerk Approved: December 81h, 2020 4 Emmett G. Badar, Mayor