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HomeMy WebLinkAbout2018_10_16 - Regular MINUTES Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on October 16,2018 at 5 00 P M Present Paul Foster,Mayor Paul Barich,Mayor Pro Tempore Eddie Tejeda, Council Member Tom Momberger, Council Member John James, Council Member Staff Dan McHugh, City Attorney, Robert Dawes,City Treasurer, Jeanne Donaldson, City Clerk, Carl Baker,Public Information Officer, Chris Catren,Police Chief,Danielle Garcia,Management Services/Finance Director, Chris Boatman, Quality of Life Director,Brian Desatmk, Development Services Director,Paul Toor,Municipal Utilities and Engineering Director,Nathan Cooke,Fire Chief,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 LATE BREAKING ITEM City Attorney McHugh reviewed the need to take immediate action on existing litigation Council Member Tejeda moved to add to the City Council's closed session agenda as a"late breaking item",the consideration of a conference with legal counsel for one case involving litigation regarding a discrimination complaint by Nabar Enrique Martinez, Department of Fair Employment&Housing Matter No 201810-03853510 The motion was seconded by Mayor Pro Tempore Barich and carried unanimously The item was added to the closed session agenda as C-6 Conference with real property negotiators -Government Code §54956 8 (Quality of Life Director Boatman) Property APNs 0167-511-11-0000, 0167-511-12-0000 Agency Negotiator Chris Boatman Negotiating Party Joe Zapata representing Southern California Edison Under Negotiation 1 Terms of payment and price of offer to purchase Agricultural trees Conference with legal counsel Existing Litigation-Government Code §54956 9(d)(1) (Management Services/Finance Director Garcia) One Case a Notice of complaint of discrimination filed by Ms Amy Hagan,Nevada Equal Rights Commission and Equal Employment Opportunity Commission,Agencies Charge No 480-2018-04689 CC—October 16,2018 Page 1 Conference with legal counsel Anticipated Litigation-Government Code §54956 9(d)(2)(e)(3) (Management Services/Finance Director Garcia) One Case a Facts and circumstances Consideration of Discussion of threatened litigation against the City for medical insurance claim, gender discrimination, and sexual harassment claims by Ms Amy Hagan Public Employee Performance Evaluation associated with the two specific above-referenced closed session matters-Government Code §54957(Mayor Foster) a City Manager Public Employee Appointment- Government Code §54957 (Mayor Foster) a Acting City Manager RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6 17 P M with an invocation by Mayor Foster followed by the pledge of allegiance to the American flag Mayor Foster announced Agenda Item L-6, consideration of an agricultural tree removal agreement with Southern California Edison for the removal of 70 City-owned citrus trees was pulled from the agenda to be considered at a later date Mayor Fosters introduced the City's new Fire Chief,Nathan Cooke, and welcomed him to the City CLOSED SESSION REPORT City Attorney McHugh 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"Bonnie",a one-year old female Chihuahua mix who is available for adoption,with thirty-six other dogs and forty-three cats, at the Redlands Animal Shelter, and two dogs and fifty-six cats in foster homes Ms Elliott informed the Council twelve dogs,thirty-three cats, and one bunny have been adopted since the last regular City Council meeting Proclamation National Friends of Libraries Week-Mayor Foster and Library Director McCue presented a Proclamation declaring the week of October 21 -27 as National Friends of Libraries Week to Les Kong, President of the Friends of Smiley Library Board PUBLIC COMMENT Open Government—Stephen Rogers voiced concerns related to the late breaking item added to the closed session to consider the Complaint of Discrimination filed by Nabar Enrique Martinez He questioned the authority granted to the City Manager in relationship to settlement agreements and specifically a separation agreement with a former human resource director He asked the Council to promote an atmosphere of open government City Attorney McHugh explained the City Manager's power is taken directly from Government Code and the City's Municipal Code and as such, authorizes the City Manager the powers to negotiate and hire and fire staff without Council approval Liberty Lane Apartments-Joseph Mays, a retired veteran,thanked the Council for their ongoing support and approval of the Liberty Lane project, located at Texas and Lugoma which will provide much needed housing for veterans He expressed gratitude that all the recent legal challenges opposing the project were denied and he looks forward to watching the development move forward CC—October 16,2018 Page 2 Historic Property-Andy Hoder described the ongoing deterioration of a house located at the corner of Grant and Olive Avenue,which has caused neighborhood blight and potential health, safety and fire hazards He suggested the Council take action before the building is permanently lost Employment Contract-Dennis Bell raised several issues surrounding the City Manager's contract, compensation package and performance He claimed the City has seen too many cases of litigation and has suffered from an environment fostering high turnover He requested an audit of the City's books,with particular attention to the enterprise funds and urged the City Manager and the current Council to resign from their positions CONSENT CALENDAR Minutes On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the minutes of the regular meeting of October 2, 2018 and minutes of the special meeting of October 5,2018 Vote 5 - 0 Passed Proclamation Earthquake ShakeOut Day On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved a proclamation declaring October 18,2018 as Earthquake ShakeOut Day Vote 5 - 0 Passed Proclamation Childhood Lead Poisoning Prevention Week On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved a proclamation declaring October 21 through 27, 2018 as Childhood Lead Poisoning Prevention Week Vote 5 - 0 Passed Proclamation National Friends of Libraries Week On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved a proclamation declaring October 21 through 27, 2018 as National Friends of Libraries Week Vote 5 - 0 Passed Commission Appointments -Human Relations Commission On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the reappointment of Judith Ashton to serve a third, four-year term ending October 5,2022, approved the reappointment of Gretchen Andrews to serve a second, four-year term ending October 21,2022, and appointed Stephanie Miranda to serve a four-year term ending October 16,2022 on the Human Relations Commission Vote. 5 - 0 Passed CC—October 16,2018 Page 3 Settlement Agreement On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Christopher Ralls, Georgia Ralls and Jamieson Liu Under the terms of the agreement,the City and Mr Liu agree to pay Mr Ralls the aggregate sum of$10,000 00, and to Ms Ralls the aggregate sum of$125,000 00 to settle and dispose of disputes and controversies associated with a civil action pending in the San Bernardino Superior Court and entitled Christopher Ralls and Georgia Ralls v City of Redlands,Jaimeson Liu, et al,Case No CIVDS 1709276 Vote 5 - 0 Passed Ordinance No 2879 -Late Government Claims On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously adopted Ordinance No 2879, amending Chapter 3 09 of the Redlands Municipal Code relating to the processing of, and decisional authority for,requests for leave to file late government claims Vote 5 - 0 Passed Fee Waiver-Family Service Association On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the request from Family Service Association of Moreno Valley(FSA)for a waiver of$343 50 in fees for the use of the Redlands Senior Center Multi-purpose room,kitchen, and a staff attendant on Saturday,November 3, 208 for a Spaghetti Dinner fundraising event to benefit the Redlands senior meal program 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 from the Chamber of Commerce for the 2nd Annual New Year's Eve Orange Drop Event to be held in Downtown Redlands As public comment,Dennis Bell stated the event organizer should provide their own private security rather than overextending the City's police force who have more important things to do All the Council Members expressed their support of the Orange Drop, citing these types of events support downtown businesses and promote tourism within the City On motion of Council Member Tom Momberger, seconded by Mayor Pro Tempore Paul Barich,the City Council approved the request from the Redlands Chamber of Commerce for a waiver of$20,645 20 in fees for the New Year's Eve Orange Drop Event to be held in Downtown Redlands on December 31, 2018 Vote. 5 - 0 Passed Alcohol Consumption Permit On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously determmed that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state's guidelines implementing the California Environmental Quality Act, and approved a request for permission to serve and consume alcoholic beverages at Prospect Park for the Farner/Layton Wedding on November 18,2018 Vote- 5 - 0 Passed CC—October 16,2018 Page 4 Sports Park Lease Financing Annual Fee On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved an additional appropriation in the amount of$4,378 31 for the Sports Park Lease Financing Annual Fee Vote- 5 - 0 Passed Resolution No. 7889- Small Claims Court Representatives On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved Resolution No 7889 appointing Small Claims Court Representatives to act for the City of Redlands and on the City's behalf and Rescinding Resolution No 7764 Vote 5 - 0 Passed Employee Insurance Policy Renewals On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved a one-year policy renewal with Principal Insurance for dental and life insurance coverage for all City employees and their eligible dependents, approved a one-year policy renewal with California Dental Network for dental insurance coverage for all employees and their eligible dependents, and approved a four-year policy renewal with MESVision for vision insurance for eligible bargaining units Vote. 5 - 0 Passed Side Letter Agreement RAFME On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the Side Letter Agreement between the City and the Redlands Association of Fire Management Employees(RAFME)to remove the position of Fire Chief from the language in Article 15 The Fire Chief position is included in the Redlands Association of Department Directors Vote: 5 - 0 Passed Aircraft Purchase and Sale Agreement Amendment On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved an amendment to the aircraft purchase and sale agreement with Tom Dobbertm for the purchase of a used 1967 Cessna 172H aircraft,modifying the insurance requirements Vote: 5 - 0 Passed COMMUNICATIONS Acting City Manager Appointment Mayor Foster briefly explained the need to appoint an Acting City Manager and he recommended the Council consider the appointment of Janice McConnell Each Council Member announced their full support of Ms McConnell's selection, as she has the working knowledge,the appropriate qualifications, and the skills to represent the City providing the highest level of service to the Council,the organization and the community CC—October 16,2018 Page 5 On motion of Mayor Paul Foster, seconded by Council Member Tom Momberger,the City Council unanimously appointed Janice McConnell as Acting City Manager Vote: 5 - 0 Passed Homeless Emergency Aid Program Grant Submittal Mayor Foster and Council Member Momberger reviewed the Homeless Emergency Aid Program(HEAP) offering block grants designed to provide direct assistance to cities and counties to address the homelessness crisis throughout California The San Bernardino County Continuum of Care(CoC) is eligible to allocate$9,389,654 in HEAP funding to qualified projects and the City can apply for a portion of those funds coming to San Bernardino County Council Member James strongly supported this opportunity available to the City On motion of Council Member John James, seconded by Council Member Tom Momberger,the City Council unanimously authorized staff to submit the necessary prerequisite materials related to the Homeless Emergency Aid Program funding through the County of San Bernardino Office of Homeless Services, including but not limited to a letter of support and grant applications Vote: 5 - 0 Passed PUBLIC HEARINGS Ordinance No 2878 -Abatement of Dangerous Buildings Mayor Foster declared the meeting open as a public hearing and called upon City Attorney McHugh to review Ordinance No 2878 relating to the adoption by reference of the Uniform Code for the Abatement of Dangerous Buildings If approved the ordinance would allow staff to take advantage of this uniform code's provisions to better address existing and future code enforcement issues associated with neglected, damaged and unsafe buildings and structures which present a threat to health, safety, and welfare of the City's residents With no further comment,Mayor Foster closed the public hearing On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously adopted Ordinance No 2878 amending Chapter 15 of the Redlands Municipal Code relating to the adoption by reference of the Uniform Code for the Abatement of Dangerous Buildings and rescinding Ordinance No 2816 Vote 5 - 0 Passed Resolution No 7911 - Sign Conditional Use Permit Mayor Foster declared the meeting open as a public hearing and called upon Emily Elliott, of Development Services,to provide background on the request by Quiel Signs Inc for an internally illuminated wall sign measuring a total of 150 8 square feet in area The sign would identify one of the tenants within a six-story office building located at 300 East State Street With no further comment,the Mayor closed the public hearing On motion of Council Member Tom Momberger, seconded by Council Member Eddie TeJeda,the City Council unanimously approved Resolution No 7911 approving Sign Conditional Use Permit No 24 for a 150 8 square foot wall sign on the east elevation of the six-story office building located at 300 East State Street Vote 5 - 0 Passed CC—October 16,2018 Page 6 NEW BUSINESS Resolution No.7912 Salary Schedule Management Services/Finance Director Garcia summarized Resolution No 7912 proposing to incorporate a change made to the salary of the Emergency Medical Services (EMS) Coordinator position within the Fire Department Review of salary comparisons within the area support an increase to the salary classification in order to obtain a sufficient pool of qualified candidates for the position As public comment, Stephen Rogers raised questions related to the timing of this proposed salary resolution and wondered why the Acting City Manager position was not included On motion of Council Member John James, seconded by Council Member Eddie Tejeda,the City Council unanimously approved Resolution No 7912 establishing a salary schedule and compensation plan for City employees and Rescinding Resolution No 7899 Vote: 5 - 0 Passed Memorandum of Understanding Discounted Tuition Management Services/Finance Director Garcia presented a Memorandum of Understanding between the City of Redlands and Azusa Pacific University to offer valuable opportunity for employees to access graduate programs at a discounted rate of 15%per unit for enrollment in graduate programs On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the Memorandum of Understanding between the City of Redlands and Azusa Pacific University to offer discounted tuition to employees Vote 5 - 0 Passed Agreement- Solid Waste Collection Vehicles Maintenance On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the agreement with P& S Truck Center to provide original Cummins parts and service in an amount not-to-exceed$31,000 00 for a period of one year,with two additional one-year renewal options for a total agreement amount not-to-exceed$93,000 00 Vote 5 - 0 Passed Landfill Compactor Purchase On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Paul Barich,the City Council unanimously approved the purchase of one Landfill compactor from Quinn Group in the amount of $750,740 99 Vote 5 - 0 Passed Funding Agreement Ford Park Pond Improvements Tabitha Kevan, Quality of Life, announced the Inland Empire Resource Conservation District(IERCD) recently notified the City that an application for Special Project Funding to stabilize and restore the upper pond at Ford Park was approved in the amount of$85,981 00 Council Member Momberger thanked the IERCD for their support CC—October 16,2018 Page 7 On motion of Council Member Eddie Tejeda,seconded by Council Member Tom Momberger,the City Council unanimously determined that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3)of the State's guidelines implementing the California Environmental Quality Act, and approved the Funding Agreement with the Inland Empire Resource Conservation District for Ford Park pond improvements in the amount of$85,981 00 Vote 5 - 0 Passed Agricultural Tree Removal Agreement This item was pulled from the agenda to be discussed at a later time Landscape Maintenance Agreement Quality of Life Director Boatman discussed the proposal made by Property One,LLC to extend the landscaping for the property onto freeway embankments located north of the Redlands Packing House shopping center and west of Eureka Street He clarified that all maintenance of the project area and all funding for the work performed will be provided by Property Once,LLC In addition,Mr Boatman reviewed an amendment to the Landscape Maintenance Agreement between the City of Redlands and Caltrans for the allocation of maintenance on the I-10 off-ramp from Texas Street to Eureka Street As public comment, Stephen Rogers questioned whether the Caltrans agreement was assignable and wondered if the City was properly complying with requirements associated with public works projects On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously determined that approval of the Maintenance Agreement with Property One,LLC the amendment to the Landscape Maintenance Agreement with Caltrans is exempt from environmental review pursuant to Section 15301 of the state's guidelines implementing the California Environmental Quality Act, approved the Maintenance Agreement with Property One,LLC, allocating all maintenance responsibilities for both North and South sides of the 1-10 off-ramp from Texas Street to Eureka Street to Property One,LLC in perpetuity, and approved the First Amendment to the Landscape Maintenance Agreement between the City of Redlands and Caltrans to include the area within the State Highway right of way on State Route I-10 between Texas Street and Eureka Street Vote 5 - 0 Passed Fee Waiver-Veterans Day Parade&Picnic Mayor Foster and Council Member Momberger recused themselves from voting and discussion on this item due to their remote interest in the non-profit organization,the Hometown Heroes Foundation Quality of Life Director Boatman introduced a request from the Hometown Heroes Foundation for a fee waiver and a request to serve and consume alcohol at Jennie Davis Park for the Hometown Heroes Veterans Parade event As public comment,Mike Warren, Chairman of the Veterans Parade Committee,provided background on the parade and thanked the Council for their continued support on such a great event honoring our veterans On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously determined that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state's guidelines implementing the California Environmental Quality Act, approved the request from the Hometown Heroes Foundation for a waiver of$5,696 50 in fees, and authorized permission to serve and consume alcoholic beverages at Jennie Davis Park for the Veterans Day Parade event to be held on November 11,2018 Vote: 3 - 0 Passed Other Mayor Paul Foster(RECUSE) CC—October 16,2018 Page 8 Council Member Tom Momberger(RECUSE) COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES Council Member James had no new reportable action to announce Councilmember Teleda had no new reportable action to announce Mayor Pro Tem Barich attended the Redlands Optimist Oktoberfest event, Smiley Library Book Signing event at the Heritage Room,the San Bernardino Valley Municipal Water District Meeting, and the Historic& Scenic Preservation Commission meeting He caught the tail end of the Community Day of Service at Grove and Lincoln, enjoyed the Benchwarmer's Annual Fundraiser,the Sacred Heart Academy fundraiser benefiting school programs, and the Citrograph Food and Wine event at the Burrage Mansion Council Member Momberger highlighted Angel's Closet Chanties, a non profit organization celebrating ten years of collecting and distributing new and gently used school clothes, formal attire, business attire, graduation caps and gowns, accessories and toiletries to middle school and high school students in need She praised their work within the community Mayor Foster toured the proposed sites for the next Community Day of Service next April, attended the Walk to End Alzheimers at Plymouth Village,the Fire Department Open House event, and he participated in the Fall Clean-Up Day of Service at the Orange Blossom Trail ADJOURNMENT There being no further action required the meeting adjourned at 7 25 P M The next regular meeting of the City of Redlands City Council will be held on November 6,2018 CC—October 16,2018 Page 9