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HomeMy WebLinkAbout2017_12_19 - Regular MINUTES Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on December 19, 2017 at 5:00 P.M. Present: Paul Foster, Mayor Paul Barich, Mayor Pro Tempore Jon Harrison, Council Member Eddie Tejeda, Council Member Toni Momberger, Council Member Staff: N. Enrique Martinez, City Manager; Robert Dawes, City Treasurer; Jeanne Donaldson, City Clerk; Carl Baker,Public Information Officer; Jeff Frazier,Fire Chief, Chris Catren, Interim Police Chief, Danielle Garcia, Management Services/Finance Director; Chris Boatman, Quality of Life Director; Brian Desatnik, Development Services Director; Michael Pool, Interim Municipal Utilities and Engineering Director; Janice McConnell,Assistant to the City Manager Mayor Foster called the meeting to order and offered those present the opportunity to provide public comment on any item on the agenda for the closed session. PUBLIC COMMENT None forthcoming CLOSED SESSION Conference with labor negotiator-Government Code §54957.6 (Mayor Foster and Mayor Pro Tem Ban ch) Agency Negotiator: N. Enriq ue Martine z, Daniel J. McHugh and my/or A .... Martin Employee Redlands Police Officers Association ion Organization: Conference with legal counsel: Existing Litigation -Government Code §54956.9(d)(1) (Human Resources/Risk Management Director Martin and Development Services Director Desatnik) Two Cases: a. Warren v Lin, San Bernardino Superior Court Case No. CIVDS 1615847 b. Citizens for Equitable Redlands v. City of Redlands, et al., San Bernardino Superior Court Case No. CIVDS 1720139 Conference with legal counsel: Anticipated Litigation -Government Code §54956.9(d)(2)(e)(2) (Quality of Life Director Boatman) One Case: a. Facts and circumstances: Threat of litigation from Mr. Kramer's attorney over license agreement. CC December 19,2017 Page 1 Conference with real property negotiators -Government Code §54956.8 (Quality of Life Director Boatman) Property: A portion of the Orange Street Alley,Redlands Agency Negotiators: N..Enrique Martinez, Chris Boatman Negotiating Parry: David Kramer Cope House Under Negotiation: Terms of payment and price of possible license agreement Conference with real property negotiators -Government Code §54956.8 (Quality of Life Director Boatman) 0 Property: APNs 300-231-38, 0300-231-36, 0300-241-25, 0300-241-24, 0300-231-31 0300-231-24, 0300-241-15, 0300-241-36, 0301-191-19 Agency N. Enrique Martinez, Chris Boatman Negotiator ..........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................Negotiating Parry. Redlands Conservancy Under Negotiation. biscussion and possible asement t the Red andscConservation in ncy for City-owned ption to the granting�opertyf a nservation Conference with real property negotiators -Government Code §54956.8 (Quality of Life Director Boatman) Property: APN 0292-034-02 Agency N. Enrique Martinez, Chris Boatman Negotiator ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Negotiating Parry. uthern California�,��rnia ���� o Edison Under Negotiation. Terms of payment and price of possible purchase of easement on City-owned property Conference with real property negotiators -Government Code §54956.8 (Quality of Life Director Boatman) Property: APNs Parcel Nos. 292-172-03; 292 172-05; and 292-166 - -09 Agency N. Enrique Martinez,Chris Boatman Negotiator .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................Negotiating Parry. Theron and Geneil Vines Under Negotiation. Discussion and possible action regarding the cancellation of a Fanning and Conservation Easement RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6:18 P.M. with an invocation by Mayor Foster followed by the pledge of allegiance to the American flag. CC December 19,2017 Page 2 CLOSED SESSION REPORT Mayor Foster announced that no reportable action was taken during the closed session. PRESENTATIONS Redlands Animal Shelter—Redlands Friends of Shelter Animals (REDFOSA)Volunteer, Emily Elliott, introduced"Vixen", a one-year old female Dutch Hound Chihuahua mix who is available for adoption,with twenty other dogs and thirty-nine cats, at the Redlands Animal Shelter. Ms. Elliott informed the Council thirty-two dogs and thirty-seven cats have been adopted since the last regular City Council meeting. Holiday Presentation The Mentone Seventh-day Adventist Children's Choir, directed by Marlene Steenweg,performed two musical selections, celebrating the holiday season. PUBLIC COMMENT City Council Online Agenda—Andy Hoder expressed frustration since he was unable to access tonight's City Council agenda and supporting documents while he was at A.K. Smiley Library earlier today. Ms. McConnell announced that the City's website was not working properly for about 20 minutes today,but everything has been corrected. Olio-Dennis Bell spoke on three subjects, including,the revenue stream identified to meet the City's pension obligations, in his opinion, is more a cost savings rather than a revenue stream since the monies will come from staff vacancies left unfilled due to attrition, and he is concerned residents will see new fee and rate increases next year. He raised questions with the design agreement previously approved by Council for the downtown rail station, and wondered why the City is going out to bid with the Redlands Skatepark Project when the Environmental Review Committee recently continued the item to January. CONSENT CALENDAR Minutes As public comment, Stephen Rogers read from an email communication he sent to the City Clerk earlier this evening related to his public record requests submitted on November 16, 2017,which were fulfilled today, for documents pertaining to Tentative Tract No. 16586 and Tentative Tract No. 19942. Mr. Rogers requested the City Council meeting minutes of December 5, 2017, as presented before Council tonight,be modified to include his comments as part of the administrative record as correspondence associated with the General Plan Update EIR, as approved by the City Council on December 5, 2017. On motion of Mayor Pro Tempore Paul Ban ch,seconded by Council Member Jon Harrison,the City Council unanimously approved the minutes of the regular meeting of December 5, 2017, as submitted. Vote: 5 - 0 Passed Local Appointments On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved the Local Appointments List for 2018, as required by Government Code Section 54972. Vote: 5 - 0 Passed CC December 19,2017 Page 3 Commissioner Appointments On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved the reappointment of Kimberly Collins to serve a four-year term on the Parks and Recreation Advisory Commission, ending March 1, 2021; and the appointment of Ann Davis-Schultz to an unexpired term on the Parks and Recreation Advisory Commission, ending March 15,2021. Vote: 5 - 0 Passed Student Commissioner Appointments On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved the appointment as student commissioners of Yulissa Navarro to serve on the Human Relations Commission and Kansa Roman to serve on the Traffic and Parking Commission for calendar year 2018. Vote: 5 - 0 Passed Development Agreement Review On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously agreed to receive and file the notice to conduct an annual review of approved development agreements in accordance with Chapter 18.220 of the Redlands Municipal Code,which include the following development agreements: Mountainview Power Company, Robertson Ready Mix, Ltd, Cemex Construction Materials, L.P., Cal-Red Facility, LLC, Redlands Community Hospital, and ESRI. Vote: 5 - 0 Passed Inland Solar Challenge On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved authorization for the City of Redlands to participate at the $3,500 level in the 2018 Inland Solar Challenge to promote water conservation. Vote: 5 - 0 Passed Easement Release On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved a quitclaim deed to release an easement located along the eastern border of Assessor's Parcel No. 0292-381-14, (1201 Alabama Street)that would allow the property owner to make improvements to construct a family car wash. Vote: 5 - 0 Passed Cityworks Enhancements On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved a First Amendment to the Agreement between the City of Redlands and Miller Spatial Services, LLC for Cityworks for the extension of the length of the agreement to December 31, 2018 for PLL Enhancements. Vote: 5 - 0 Passed CC December 19,2017 Page 4 Annual CFD Report On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously agreed to receive and file Annual Reports for Community Facility District(CFD) No. 2001-1 and Community Facility District(CFD)No. 2003-1 pursuant to the Local Agency Special Tax and Bond Accountability Act. Vote: 5 - 0 Passed Fee Waiver As public comment, Dennis Bell questioned why the fee waiver for the Annual Lincoln Pilgrimage event is double the amount over last year and wondered why the Boy Scouts need police personnel for the one mile walk. He suggested they provide their own traffic control for the event, rather than utilizing police department resources. In response to questions, Director Boatman itemized the breakdown of costs associated with the event, including,police personnel,barricade rental, security deposit,park attendant, and the Redlands Bowl Park reservation. On motion of Council Member Eddie Tejeda, seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved a request from the Boy Scouts of America for the waiver of$4,716.00 in fees associated with the 79th Annual Lincoln Pilgrimage to be held on February 10, 2018. Vote: 5 - 0 Passed Public Art Contract Amendment At staffs request,this item was pulled from the agenda to be presented to Council for consideration at a future meeting. COMMUNICATIONS Cancellation of City Council January 2, 2018 Meeting Mayor Foster opened the discussion relating to the cancellation of the regular City Council meeting of January 2, 2018, citing the agenda can't be prepared in time due to the holiday closure. On motion of Mayor Paul Foster, seconded by Council Member Eddie Tejeda,the City Council unanimously approved the cancellation of the January 2, 2018, regular meeting of the City Council. Vote: 5 - 0 Passed PUBLIC HEARINGS Ordinance No. 2860 -Food Sharing Events Mayor Foster opened the public hearing and called upon Quality of Life Director Boatman for details of Ordinance No. 2860, relating to food sharing events within the City's parks and open space areas. The proposed ordinance will regulate the specifics as to how these events will be conducted to ensure proper safety measures are in place and the event is conducted in an organized manner. Upon no further comment,the Mayor closed the public hearing. CC December 19,2017 Page 5 On motion of Council Member Eddie Tejeda, seconded by Council Member Toni Momberger,the City Council unanimously approved the introduction of Ordinance No. 2860, adding Chapter 8.27 to the Redlands Municipal Code relating to food sharing events. Vote: 5 - 0 Passed Resolution No. 7808 --Annexation No. 15 to CFD 2004-1 Mayor Foster opened the public hearing. Charmaine McCarvel, of Albert A Webb Associate provided details on a request to implement assessments and add territory to Community Facilities District(CFD) No. 2004-1. City Clerk Donaldson agreed to hold the special election within the annexing territory on December 19,2017.With no further comments, Mayor Foster closed the public hearing. City Clerk Donaldson conducted the special election and announced the results which determined the required two-thirds of the votes cast(11-0)were in favor of levying the tax. On motion of Council Member Eddie Tejeda, seconded by Council Member Jon Harrison,the City Council unanimously approved Resolution No. 7808, calling a special election of the question of levying the special taxes within the territory to be annexed to the CFD No. 2004-1; and on motion of Council Member Tejeda, seconded by Council Member Harrison, approved Resolution No. 7809, declaring the voting results were in favor of levying the tax,and therefore,the territory will be annexed to the CFD No. 2004-1. Vote: 5 - 0 Passed Downtown Specific Plan Amendment Mayor Foster opened the hearing and called upon Development Services Director Desatnik for background of Amendment No. 21 to the Downtown Specific Plan No. 45 which would broaden the types of exempted uses and expand the area of exemption for on-site parking for historic structures. This parking exemption is proposed to be broadened to include all permitted uses within the Town Center Historic (TC-H) district, as well as expand the exemption area to Third Street on the west and Stuart Avenue on the north, so that the boundary coincides with the historic Santa Fe Depot District. The goal for this area is to preserve the historic structures and the "wall" of storefronts that facilitate a walkable and pedestrian-scale downtown,while accommodating parking in pubic lots on the periphery. As public comment, Stephen Rogers raised concerns with a SANBAG(now SBCTA)agreement related to the rail project, asking if it was still valid. He wondered why there is no mention of the transit village overlays in the report, and recommended the City approach the downtown parking issues in a more holistic way. Andy Hoder indicated the City is supplementing the parking for the MOD project as there is currently no parking available to its customers. Jerry Tessier, of Arteco Partners, owners of the century-old packing house on Third Street, agreed the project is in need of parking and pointed out a reality with historic buildings, is they don't have the space for parking. In response to questions, Director Desatnik explained the transit village overlays will be dealt with separately and the Stuart Avenue property has been long considered a potential site for shared parking. Mayor Foster closed the public hearing. On motion of Council Member Eddie Tejeda, seconded by Council Member Toni Momberger,the City Council unanimously determined that Amendment No. 21 of the Downtown Specific Plan is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15331 for Historical Resource Restoration/Rehabilitation; and on motion of Council Member Tejeda, seconded by Council Member Harrison,the City Council unanimously adopted Resolution No. 7798, approving Specific Plan Amendment No. 21 to the Downtown Specific Plan (Specific Plan No. 45). Vote: 5 - 0 Passed CC December 19,2017 Page 6 Resolution Nos. 7800, 7801, 7802, 7803, and 7804 -Harcourts and Freeman Mayor Foster opened the hearing and called upon Loralee Farris, of Development Services,to present details of a project proposing to construct a 5,000 square foot multi-tenant retail building with drive-through and a 9,900 square foot child care facility with 13,500 square foot outdoor play area,with a request to construct a 120 foot tall freeway-oriented sign, and establish a uniform sign program. The vacant building pads are located on approximately 6.13 acres on the northeast corner of Parkford Drive and Marshall Street. The applicant, Brad Freeman of Harcourts and Freeman,provided background of the property development, explaining they have done everything possible to make the site workable. Council Member concerns and questions focused on traffic issues, signage, and the advantages of going after local businesses as tenants. Ms. Farris explained the applicant is required to contribute Development Impact Fees and provide a"fair share" contribution for the construction of intersection improvements at Ford and Reservoir,but the signal installation it is not a condition of approval for this project. Council Member Momberger expressed disappointment the project will include a Starbucks, rather than a local business,which would greater benefit the City in sales tax dollars, and she urged future applicants and developers be encouraged to solicit local business as tenants. Along this line, Council Member Harrison requested staff bring back for Council's review, a plan to promote local businesses, recommending developers include them in their search for future tenants. As public comment,Andy Hoder suggested the retail stores in this location will be considered "freeway" stores and should not be in direct competition with other local businesses, and he requested traffic signals be synchronized to create a balanced traffic flow throughout the day. Mayor Foster closed the public hearing and pointed out this site poses many difficult challenges and he commended the developer for their work. On motion of Council Member Eddie Tejeda, seconded by Council Member Jon Harrison,the City Council unanimously determined,based on the whole of the administrative record to date,that the information justifies the adoption of a Mitigated Negative Declaration for the proposed project; approved the Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program, and the filing of a Notice of Determination in accordance with the California Environmental Quality Act and Section 15074 of the CEQA Guidelines; approved Resolution No. 7800 for a Socio-Economic Cost/Benefit Study; approved Resolution No. 7802 (Commission Review and Approval No. 890)to construct a 9,990 square foot child care center,with a 13,500 square foot outdoor play area, located at 1035-1045 Parkford Drive (APN: 0174-143-07); approved Resolution No. 7801 (Conditional Use Permit No. 106 1)to construct a 5,000 square foot multi-tenant retail building,to include one drive-through restaurant located at 1035-1045 Parkford Drive (APN: 0174-143-07); approved Resolution No. 7803 (Sign Conditional Use Permit No. 20)to construct a one hundred twenty (120)foot tall freeway-oriented sign, located at 1035-1045 Parkford Drive (APN: 0174-143-07); and approved Resolution No. 7804 (Sign Conditional Use Permit No. 21)to establish a Uniform Sign Program for a 6.13 acre unified center(APN: 0174-143-06 and APN: 0174-143-07). Vote: 5 - 0 Passed NEW BUSINESS Encumbrances and Carryovers James Garland, of Management Services/Finance Department,briefly explained this is an annual recurring housekeeping item, since expenditures of previously encumbered items will occur in FY 2017-18,the additional appropriations is necessary to prevent overspending of the current year budget. On motion of Council Member Eddie Tejeda, seconded by Council Member Jon Harrison,the City Council unanimously approved additional appropriation to the FY 2017-2018 budget for the 2016-17 year-end encumbrances and carryover balances. CC December 19,2017 Page 7 Vote: 5 - 0 Passed Memorandum of Understanding -RPOA Mayor Foster announced negotiations are still ongoing and this item will be brought back before the Council at a future meeting. On motion of Mayor Pro Tempore Paul Barich,seconded by Council Member Eddie Tejeda,the City Council unanimously approved to continue this item to a future City Council meeting. Vote: 5 - 0 Passed Police Motorcycles On motion of Council Member Jon Harrison, seconded by Council Member Toni Momberger,the City Council unanimously approved the purchase two (2) 2018 Police Harley Davidson FLHP Road King motorcycles for the traffic bureau in the amount of$49,985.88. Vote: 5 - 0 Passed Police Vehicle Purchase On motion of Council Member Jon Harrison, seconded by Council Member Toni Momberger,the City Council unanimously approved the purchase of three (3) 2018 Ford Interceptor Sedans AWD for the detective bureau in the amount of$71,846.67 to effectively service demands throughout the City. Vote: 5 - 0 Passed Residential Development Allocation Sean Reilly,of Development Services presented the request made by Diversified Pacific Communities of fourteen(14) allocations for Tentative Tract Map No. 20079,a fourteen(14)lot residential subdivision on approximately 6.03 acres located north of San Bernardino Avenue and south of Lucas Lane between Liv Court and Penny Lane. On motion of Council Member Eddie Tejeda, seconded by Council Member Jon Harrison,the City Council unanimously accepted the recommendations of the points to be awarded to the subject project; and approved Residential Development Allocation 2017-IV-01, allocating fourteen (14)units to Diversified Pacific for Tentative Tract Map 20079, located north of San Bernardino Avenue and south of Lucas Lane between Liv Court and Penny Lane. Vote: 5 - 0 Passed Organic Carbon Analyzer Purchase On motion of Council Member Jon Harrison, seconded by Council Member Eddie Tejeda,the City Council unanimously approved the purchase of M5310 C total organic carbon analyzer in the amount of $29,958.19 from GE Analytical Instruments for the Municipal Utilities and Engineering Department,to allow the water treatment staff to continuously monitor organic matter and understand changing water quality,thereby optimizing plant operations, ensuring the delivery of safe drinking water to the public. Vote: 5 - 0 Passed CC December 19,2017 Page 8 Security Agreement-A Community of Friends Development Services Director Desatnik introduced an agreement with A Community of Friends relating to the security provided to the City pursuant to Condition 19 of Conditional Use Permit No. 1045 in connection with San Bernardino Superior Court Case No. CIVDS 1720139, Citizens for Equitable Redlands v. City of Redlands. Condition 19 requires the applicant provide the City with a performance bond, or other form of security, in the amount of$200,000.00 in the event the City receives a notice of a lawsuit having been filed. As public comment, Stephen Rogers expressed concern the City Attorney was not present at the meeting tonight, and he proposed the City's liability risks could be high, since, in his opinion,the project was not processed property. Mayor Foster announced City Attorney McHugh was monitoring the Council meeting. On motion of Council Member Eddie Tejeda, seconded by Council Member Jon Harrison,the City Council unanimously approved the Letter Agreement between the City of Redlands and A Community of Friends for security to be provided pursuant to Condition No. 19 of Conditional Use permit No. 1045 in connection with San Bernardino Superior Court Case No. CIVDS 1720139, Citizens for Equitable Redlands v. City of Redlands. Vote: 5 - 0 Passed License Agreement- Outdoor Dining Quality of Life Director Boatman provided a summary of events related to a license agreement with David Kramer for use of the Orange Street Alley for outdoor dining purposes and listed the new terms negotiated, including; outdoor dining area consists of 301 square feet; license fee in the amount of $500.00 per month from December 20, 2017 to January 1, 2019; compliance with all applicable local, state and federal regulations. Mayor Foster added Mr Kramer must provide the City proof of insurance in order to open the business. He thanked everyone for their patience in the negotiation process and looks forward to the business's success as it also benefits the City. On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously determined that approval of the license agreement is categorically exempt from further environmental review pursuant to Section 15301 of the California Environment Quality Act Guidelines; and approved the License Agreement between the City of Redlands and David Kramer for use of the Orange Street Alley for outdoor dining purposes. Vote: 5 - 0 Passed Fee Waiver-New Year's Eve Orange Drop Event Quality of Life Director Boatman introduced a request for a fee waiver for the New Year's Eve Orange Drop Event to be held in Downtown Redlands. As public comment, Todd Underwood,president of the Chamber of Commerce, described the intent of this landmark event was to support downtown businesses and promote tourism within the City. Dennis Bell requested private contractors be used to handle traffic and security issues, rather than overextending the City's police force. Ensen Mason asked for clarification as to whether applicants requesting fee waivers be required to be a registered 501(c)(3) organization.Council Member Harrison stated he is opposed to the City absorbing the costs for this event and asked that funding come from private sources in the future. On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Paul Barich,the City Council approved the request from the Redlands Chamber of Commerce for a waiver of$12,145.00 in fees for the New Year's Eve Orange Drop Event to be held in Downtown Redlands on December 31, 2017. Vote: 4 - 1 Passed CC December 19,2017 Page 9 NAY: Council Member Jon Harrison Service Club Sign Renovation Quality of Life Director Boatman presented the renovation plan for the Service Club sign located on Redlands Boulevard adjacent to Jennie Davis Park. On motion of Council Member Jon Harrison, seconded by Council Member Eddie Teieda,the City Council unanimously determined that approval of the restoration project is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines; approved the restoration of the Service Club sign located on Redlands Boulevard adjacent to Jennie Davis Park as outlined in this staff report; and approved an additional appropriation in the amount of$10,000. Vote: 5 - 0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES Due to the holidays, Mayor Foster asked to forgo Council Member Reports. Mayor Pro Tempore Barich added he attended the Welcome Aboard and Awards Ceremony for the Police Department,praising them for a great event. ADJOURNMENT There being no further action required the meeting adjourned at 7:51 P.M. The next regular meeting of the City of Redlands City Council will be held on January 16, 2018. CC December 19,2017 Page 10