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MINUTES 2021/04/13�-�- CITY COUNCIL MEETING MINUTES S N TUESDAY APRIL 131h, 2021 7:00 P. M. DIMAS SAN DIMAS COUNCIL CHAMBER 12 245 EAST BONITA AVENUE THE APRIL 131h, 2021 CITY COUNCIL MEETING WAS CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR'S EXECUTIVE ORDER N-29-20 CITY COUNCIL: Mayor Emmett Badar, Mayor Pro Tem Denis Bertone, Councilmember John Ebiner, Councilmember Ryan A. Vienna, Councilmember Eric Weber CALL TO ORDER AND FLAG SALUTE Mayor Badar called the meeting to order at 7:00 p.m. and led the flag salute City Manager Chris Constantin announced that item 31 would be pulled from the agenda. Councilmember Vienna announced his recusal from the vote on item 4a Modification to the Los Angeles County Sheriff's Contract to Include a Traffic Motorcycle Unit because of a conflict of interest. ORAL COMMUNICATIONS (Members of the audience are invited to address the City Council on any item on this agenda or not on this agenda. Public comment will not be taken during each individual agenda item, except for public hearing items. Comments on public hearing items will be heard when that item is scheduled for discussion. Under the provisions of the Brown Act, the legislative body is prohibited from 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. Each speaker will be limited to (3) three minutes. This will be the only oral communication period, with the exception of public hearing items.) Emailed Public Comments: The following individuals submitted email comments on agenda items 31, 4a, 4b: 1. Sam Vienna 2. Pauline Bereuter 3. Terry Dipple 4. Carol Brenson 5. Joseph Lara 6. Frank Waite City Council Minutes April 13'h, 2021 7. Charles Cannizzaro 8. Esmerlada Salazar 9. Eduardo Rivas 10. Amanda Lee In Person Participants: Participant #1 Cyndia Williams opposed the CDBG PLHA project. . Page 2 Participant #2 Nora Chen Los Angeles County Public Library Manager update on library opening. Telephone Participants: Participant #1 Charles C thanked the Council and City for their service and supports the addition of a Traffic Motorcycle Unit in the City. Participant #2 Patricia Martin supports the addition of a Traffic Motorcycle Unit in the City. Participant #3 Betty Jean Lamb spoke regarding civil discourse on the Council and suggested a City Council Handbook and Code of Ethics, opposes the CDBG PLHA project and supports approving the contract for National Demographics Corporation. Participant #4 James Barton supports the addition of a Traffic Motorcycle Unit in the City. Participant #5 supports the addition of a Traffic Motorcycle Unit in the City., Participant #6 Victoria Bell opposes the CDBG PLHA project and supports the addition of a Traffic Motorcycle Unit in the City. Participant #7 Roxanne Bell opposes the, CDBG PLHA project and supports the addition of a Traffic Motorcycle Unit in the City. Participant #8 questioned the addition. of a Traffic Motorcycle Unit instead of adding more Deputies to patrol. Participant #9 spoke on the nepotism discussion at the April 8th, 2021 City Council Special Meeting. Participant #10 opposes'the CDBG PLHA project. Zoom Participants: Participant #1 Amanda Lee spoke on the CDBG PLHA project and suggested posting topic on social media. She posed questions on the additional Motorcycle Traffic Unit. City Council Minutes April 131h, 2021 Page 3 Participant #2 Isabel Ebiner responded to comments made by Councilmember Vienna at the April 8th, 2021 Special City Council meeting. Participant #3 Sean Cazares spoke on housing legislative bills. Participant #4 Julie Salazar addressed comments made regarding the homeless situation in the City as well as the nepotism conversation. 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: Approve RESOLUTION 2021-15, for the Pre -paid Warrant Register of March 31St, 2021 in the amount of $134,854.53 and the April 15th, 2021 Warrant Register in the amount of $348,120.40. RECOMMENDATION: Approve Resolution 2021-15 for March 31st, 2021 and April 15th, 2021 Warrants. Administrative Services Department Reorganization RECOMMENDATION: The City Manager recommends the City Council authorize the budget modifications necessary to implement the Administrative Services Department reorganization with position reclassifications, transfers, and position deferral as provided in the staff report, approve the salary resolution supporting the reorganization, and authorize the City Manager to execute other such actions necessary to establish the reclassed positions and transfer the identified functions. RESOLUTION 2021-18, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, CALIFORNIA, ADOPTING AND EXTENDING THE PAY PLAN AND REIMBURSEMENT SCHEDULE FOR CITY EMPLOYEES Municipal Code Text Amendment 20-0007 — Chapter 10.40 Revising the Definition of Abandoned Vehicles that Constitute a Nuisance (Second Reading) ORDINANCE 1285, OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE CHAPTER 10.40 ABANDONED VEHICLES RECOMMENDATION: Adopt Ordinance 1285 amending San Dimas Municipal Code Chapter 10.40 Abandoned Vehicles. Municipal Code Text Amendment — Chapter 3.30.040 and 3.30.050 to Utilize Trade Journals for Purposes of Informal Bid Notifications City Council Minutes April 131h, 2021 Page 4 ORDINANCE 1286, OF THE CITY COUNCIL OF THE CITY OF SAN DIMAS, COUNTY OF LOS ANGELES, CALIFORNIA, AMENDING SAN DIMAS MUNICIPAL CODE CHAPTER 3.30.040 — LIST OF CONTRACTORS AND 3.30.050 INFORMAL BIDDING PROCEDURE (First Reading and Introduction) RECOMMENDATION: Introduce Ordinance 1286 amending the San Dimas Municipal Code Chapters 3.30.040 and 3.30.50. Award Construction Contract 2021-01 for the Northern Foothills Trail Improvement Project to FS Construction in an amount not to exceed $204,210 RECOMMENDATION: Award a construction contract to FS Construction in the amount of $204,210.00, including a 20% contingency and approve an overall project budget of $259,084.28, which includes the Construction Contract ($170,175.00), 20% Contingency ($34,035.00), Clearing and Grubbing Services ($23,300.00), and Advertising, Design, Construction Management, and Inspection ($31,574.28). Donation of Historic Railroad Cantilever Signal RECOMMENDATION: 1. Accept and approve the donation of a historic railroad cantilever signal to the City of San Dimas from the Metro Gold Line Foothill Extension Construction Authority. 2. Approve continued exploration of the salvaging, restoration and re -construction of the historic cantilever signal at Rhodes Park. County Cooperative Agreement for Repair of Via Verde Ave and Award of Design for County Section of Via Verde Ave RECOMMENDATION: 1. Authorize the City Manager to execute the attached Cooperative Agreement between the City of San Dimas and County of Los Angeles for the Rehabilitation of Via Verde Project; and 2. Upon receipt of the fully executed Cooperative Agreement, authorize the City Manager to execute the attached Consulting Services Agreement with DMS Consultants Inc. in the amount proposed of $28,540 for design of the County portion of the Via Verde Avenue project. Consideration of a Second Extension to the Due Diligence Period under the Exclusive Negotiating Agreement (ENA) with Pioneer Square, LLC for the Development of a Mixed -use Project at Properties Located at 344 West Bonita Avenue (APN: 8386-021-913),108 North Cataract Avenue (APN: 8390-021-916), and 112 North Cataract (APN: 8390-021-915), San Dimas California City Council Minutes April 131h, 2021 Page 5 RECOMMENDATION: Approve an extension to the Due Diligence period between the Successor Agency to the Former San Dimas Redevelopment Agency and Pioneer Square, LLC retroactively to March 8, 2021 and ending July 6, 2021 and authorize the Executive Director to execute the necessary documents. Summary of Senate Bill 10 — Increased residential Density in Applicable Zones; Letter of Opposition RECOMMENDATION: Authorize staff to submit a Letter of Opposition for SB 10. Resolution Approving Engineers Report, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Space for a Public Hearing for Boulevard Open Space Maintenance District RECOMMENDATION: Adopt Resolution 2021-16, Boulevard, approving the Engineer's Report and declare an intent to levy and collect an assessment for Fiscal Year 2021-22 and conduct a Public Hearing for May 25, 2021, for Open Space Maintenance District No. 1, Tract 32818, Boulevard. Resolution Approving Engineer's Report, Declaring Intention to Levy and Collect an Assessment, and Fixing a Time and Space for a Public Hearing for Northwoods Open Space Maintenance District RECOMMENDATION: Adopt Resolution 2021-17, Northwoods, approving the Engineer's Report and declare an intent to collect an Assessment for Fiscal Year 2021-22, and conduct a Public Hearing for May 25, 2021, for Open Space Maintenance District No. 1, Annexation No. 3, Tract 32481, Northwoods. Approve 2021 Allocation of CDBG Permanent Local Housing Allocation (PLHA) Funds This item was deferred to a future meeting. RECOMMENDATION: Approve the proposed 2021 Allocation of CDBG — PLHA funds as outlined, adopt the resolution, and authorize the City Manager or his designee to execute any and all documents necessary to further the potential projects approved herein, including but not limited to amendments and modifications thereto for CDBG projects with the Los Angeles County Development Authority (LACDA). Approve Minutes for March 9, 2021, March 23, 2021 Regular City Council meetings and March 23, 2021 City Council Study Session San Gabriel Valley Council of Governments Updates END OF CONSENT CALENDAR RECOMMENDATION: Approve consent calendar as presented. MOTION: Mayor Pro Tern Berton moved to approve the consent calendar. Councilmember Ebiner requested removal of item 3e, 3f, 3h and 3i for discussion. City Council Minutes April 13 th, 2021 Page 6 Councilnmember Vienna second the motion to approve the consent calendar with removal of items 3e, 3 f, 3h and 3 i for discussion. Motion carried 5-0. Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Yes Weber: Yes Badar: Yes Item 3e Foothill Trails Construction Project Assistant City Manager Brad McKinney presented staff s report on this item. Responding to Councilmember Ebiner, City Manager Constantin replied that the funding for the project was a part of the agreement made with the developer and no general funds will be used. City Engineer Dave Gilbertson stated that $150,000 is Los Angeles County Park Grant Funds and the remaining $180,000 are funds set aside by the developer for the project. He provided the following explanation to address concerns of stabilization: the project is divided into four trail segments —three that are on the upper plateau and are relatively flat —one that Council and Staff has concerns about is the switchback trail segment Horsetheif Canyon Park at bottom up to the overlook on the upper plateau and has not been defined at this point. Staff defined a beginning and ending point for the contractor, assigned minimum trail and slope widths and requiring stabilized decomposed granite on the trail. There are provisions in the contract for ungrouted rip - rap with hydroseeding and railroad ties to address runoff. MOTION: Motion/Second by Councilmembers Ebiner/Vienna to approve item 3e. Motion carried 5-0. Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Yes Weber: Yes Badar: Yes Item 3f Donation of Historic Railroad Cantilever Signal City Manager Chris Constantin gave a brief update on this item. MOTION: Motion/Second by Councilmembers Ebiner/Vienna to approve item 3e. Motion carried 5-0. City Council Minutes April 13 th 92021 Page 7 Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Yes Weber: Yes Radar: Yes Item 3h Second Extension to the Due Diligence Period under the Exclusive Negotiating Agreement (ENA) with Pioneer Square, LLC for the Development of a Mixed -use Project at Properties Located at 344 West Bonita Avenue (APN: 8386-021-913), 108 North Cataract Avenue (APN: 8390-021-916), and 112 North Cataract (APN: 8390-021'915), San Dimas California City Attorney Jeff Malawy announced the recusal of Councilmember Ebiner from this item due to a conflict of interest. Councilmember Ebiner left the dais at 8:02 p.m. and returned at 8: 04 p.m. MOTION: Motion/Second by Councilmember Vienna/Mayor Badar to approve item 3h. Motion carried 4-1-0. Roll Call Vote Bertone: Yes Ebiner: Abstain Vienna: Yes Weber: Yes Badar: Yes Item 3i Summary. of Senate Bill 10 — Increased residential Density in Applicable Zones; Letter of Opposition City Manager Chris Constantin provided Staff s report on this item. MOTION: Motion/Second by Councilmembers Ebiner/Vienna to approve item 3i. Motion carried 5-0. Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Yes Weber: Yes Badar: Yes OTHER BUSINESS Modification to the Los Angeles County Sheriff's Contract to Include a Traffic City Council Minutes April 131h, 2021 Motorcycle Unit Page 8 RECOMMENDATION: Authorize the City Manager to increase the current Los Angeles County Sheriffs contract in the amount of $20,279.79 per month for Fiscal Year 2020-21 and to appropriate funds from the General Fund Reserves to the accounts listed in the staff report. Councihnember Vienna announced his recusal from this item and left the dais at 8:03 p.m. He returned at 8:30 p.m. City Manager Constantin presented staff s report in this item and requested Captain Ashrafnia provide overview of traffic staffing from the station. Captain Ashrafina stated the traffic models are 1 unit for day shift, 1 traffic unit for pm shift and none for early morning, these shifts cover 5:00 a.m. to 9:00 p.m. MOTION: Motion/Second by Councilmember Bertone/Weber to approve item 4a. Motion carried 4-0-1. With Councilmember Vienna abstaining for reasons of conflict of interest. Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Abstain Weber: Yes Badar: Yes Consider Approval of Contract with National Demographics Corporation for Professional Demographer Services to Assist with a Potential Transition to By -District City Council Elections, in an Amount Not to Exceed $36,000 RECOMMENDATION: Approve and authorize the City Manager to execute a contract with National Demographics Corporation (NDC), in a form approved by the City Attorney, for professional demographic services related to a potential transition to by -district City Council elections, and to appropriate a not to exceed amount of $36,000 for this contract. City Attorney Jeff Malawy presented staff s report on this item. MOTION: Motion/Second by Councilmembers Ebiner/Vienna to approve a contact with national Demographics Corporation in an amount not to exceed $36,000. Motion carried 5-0. Roll Call Vote Bertone: Yes Ebiner: Yes Vienna: Yes Weber: Yes Badar: Yes City Council Minutes April 13 th, 2 021 COVID-19 Update (Verbal) Page 9 City Manager Constantin and Council discussed circumstances for opening up Council meetings for public participation. The consensus of the Council was for staff to send a letter to the County asking for their direction on holding public meetings. City Attorney Jeff Malawy suggested agendizing the discussion after receiving the County's response. Public Health Department Update —provided by Assistant City Manager Brad McKinney. Councilmember Vienna requested that. the next update be done in 12 months and Councilmember Weber agreed. Gold Line Update (Verbal) City Manager Constantin provided this update. STAFF AND CITY COUNCIL REPORTS City Manager Update SB 9 - City Manager Constantin provided this update. Councilmember Ebiner discussed his meeting with Senator Portantino on the housing bills. City Attorney Nothing reported. Members of the City Council Councilmembers' Report on Meetings Attended at the Expense of the Local Agency (Pursuant to AB 1234 — G.C. §53232.3(d)) Nothing reported. City Council Requests for Future Items, Comments and Updates Councilmember Ebiner • Request to consider of some type of Bill & Ted monument in the future. • Request to explore establishing a new commission for the Arts. Councilmember Vienna suggested this be tabled until the Boards, Commissions and Committees overhaul and discussions are complete and the BCC have had a chance to move back to regular meetings. Councilmember Ebiner agreed. City Council Minutes April 13 th, 2021 Councilmember Bertone • Announced the Farmers Market has returned. Councilmember Weber Page 10 • Acknowledged the efforts of those who organizers the memorial for Jeanne Edgar. • Topic for Public Safety Commission —Homelessness Quality of Life issues Mayor Badar Thanked Council for their professionalism during tonight's meetings. He spoke about his appreciation for the community of San Dimas and the freedom for everyone to be able to express their opinions. He described his friendships with all of the Councilmembers, contrary to comments made during the public comment period. The meeting recessed at 9:17 p.m. to the closed session. CLOSED SESSION City Attorney Jeff Malawy identified the conflict of interests and recusals for the closed session items. Councilmember Vienna will recuse himself from a portion of the first closed session item. Councilmember Ebiner will recuse himself from the entire second item. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One case. SUCCESSOR AGENCY AND CITY COUNCIL CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 344 W. Bonita Avenue (APN: 8386-021-913), 108 N. Cataract Avenue (APN: 8390- 021-916), and 112 N. Cataract Avenue (APN: 8390-021-915). Agency/City Negotiators: Chris Constantin, Executive Director; Brad McKinney, Assistant City Manager; Jeff Malawy, City/Agency Attorney; Larry Kosmont, Kosmont Companies. Negotiating Parties: Pioneer Square, LLC; City of San Dimas as Successor Agency to the former San Dimas Redevelopment Agency; and City of San Dimas. Under Negotiation: Price and Terms of Payment City Attorney Malawy announced that the City Council meet in closed session, discussed the two items and gave direction to Staff but no reportable action was taken. Councilmember Vienna City Council Minutes April 13th, 2021 Page 11 recused himself from a portion of the first item as well as Mayor Badar out an abundance of caution. Councilmember Ebiner recused himself from the second item. The meeting adjourned at 11:02 p.m. AAAq� Debra Black, City Clerk Approved: June 8th, 2021 Emmett G. Badar, Mayor