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HomeMy WebLinkAbout2018_12_04 - Regular MINUTES Regular meeting of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on December 4,2018 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 Janice McConnell,Acting City Manager,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 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 City Manager Settlement- Sam Spencer voiced concerns with the ongoing saga surrounding the former City Manager's termination and his claim against the City He suggested the Council act quickly to finalize any outstanding issues that may remain and move forward with a clean slate CLOSED SESSION Conference with legal counsel Anticipated Litigation-Government Code §54956 9(d)(2)(e)(2) (Management Services/Finance Director Garcia) Two Cases a Facts and circumstances Consideration of a claim by Nabar Enrique Martinez b Facts and circumstances Consideration of grievance filed by the Redlands Police Officers Association and Greg Holmer Conference with real property negotiators -Government Code §54956 8 (Quality of Life Director Boatman) Property A portion of the Orange Street Alley,Redlands Agency Negotiator Chris Boatman Negotiating Party I David Kramer, Cope House Under Negotiation Discussion and possible action relating to a license agreement Conference with real property negotiators -Government Code §54956 8 (Quality of Life Director Boatman) Property A portion of the Orange Street Alley,Redlands Agency Negotiator Chris Boatman CC—SA December 4,2018 Page 1 Negotiating Parry Kadir Fakir, Cheesewalla Under Negotiation Discussion and possible action relating to a license agreement RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6 03 P M with an invocation by Council Member Tejeda followed by the pledge of allegiance to the American flag Mayor Foster acknowledged and welcomed members of Troop 33 who were present in the audience CLOSED SESSION REPORT City Attorney McHugh announced the City Council unanimously rejected the claim dated November 27, 2018 that was filed with the City by the former City Manager Nabar Enrique Martinez PRESENTATIONS Redlands Animal Shelter—Animal Control Supervisor, Silvia Lemus introduced"Hazel", a nine-year old female Chihuahua mix who is available for adoption,with thirty other dogs,thirty-five cats, and one duck at the Redlands Animal Shelter Ms Lemus informed the Council twenty-one dogs and twenty-one cats have been adopted since the last regular City Council meeting PUBLIC COMMENT Oleo-Dennis Bell listed several areas of concern related to the former City Manager, including his conduct,the terms of his employee agreement, lifetime medical coverage, and the ongoing issues regarding accusations made by the former Human Resources Director He pushed for more transparency and recommended the Council be selective when hiring a new city manager Other concerns included the Council's funding priorities and future Ca1PERS pension obligations Open Communication-Andy Hoder raised questions concerning Mayor Foster's recent comments made outside of a Council Meeting related to the City's homeless problems LATE BREAKING ITEM Noting the need to take action was immediate, Council Member Tejeda moved to add to the City Council's Agenda as a"late breaking item" the consideration and possible action relating to the formation of, and appointments to, an Ad Hoc Committee of the City Council relating to the City's Homeless Emergency Aid Program Grant application The motion was seconded by Council Member James and carried unanimously and added to the agenda 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 November 20,2018 Vote 5 - 0 Passed CC—SA December 4,2018 Page 2 Local Appointments On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the Local Appointments List for 2019 as required by Government Code Section 54972 Vote: 5 - 0 Passed Settlement Agreement Disclosure On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the public disclosure of details of a Settlement Agreement between the City of Redlands and the Estate of Thoi Van Pham"AKA Pham Van Thoi"providing for the City's cost recovery for past code enforcement actions related to 316 E Clark Street and a Compliance Agreement with Living Stone Properties,LLC,Ruth Hendricks, special administrator of the Estate of Pham which reflects the terms and conditions for settlement of the above mentioned claim, establishing a schedule to correct outstanding code violations Vote 5 - 0 Passed Annual CFD Reports On motion of Council Member Eddie Tejeda,seconded by Council Member John James the City Council unanimously agreed to receive and file the Annual Reports for Community Facility District (CFD)No 2001-1 and Community Facility District(CFD)No 2003-1 pursuant to Local Agency Special Tax and Bond Accountability Act(SB 165) Vote. 5 - 0 Passed Short-Term Emergency Contract On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously ratified the declaration of a short-term emergency, and an emergency procurement contract(first amendment)with Matich Corporation for the Nevada Street repair, in accordance with Public Contract Code section 22050 and Redlands Municipal Code Section 2 16 130, and authorized an additional appropriation of$76,523 51 from the Water Fund Operating Reserve to repair the broken 12-inch water main on Nevada Street, south of Orange Avenue near Heritage Park Vote 5 - 0 Passed MOU Mental Health Crisis Care On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved a revised Memorandum of Understanding(MOU)between the Department of Behavioral Health and the City of Redlands Police Department to expand consumer rapid access to mental health crisis care through community Triage,Engagement, and Support Teams(TEST) and have community office space available for the mobile Community Crisis Response Teams TEST offers crisis intervention and intensive case management to connect individuals with various resources and the updated MOU provides the City discretion with regard to the provision of equipment and call signs Vote- 5 - 0 Passed CC—SA December 4,2018 Page 3 MOU-Redlands Police Community Foundation 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 the Redlands Police Community Foundation to effectuate the transfer of designated police donations to the Redlands Police Community Foundation The Foundation is a non-profit organization in the City with the sole purpose of providing additional support to the Redlands Police Department and improve the quality of life for the community by developing programs and/or improving existing programs Vote 5 - 0 Passed Alcohol Consumption Permit-Downtown Art Walk On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously determined that approval of the request for the serving and consumption of alcoholic beverages at Ed Hales Park 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 request to serve and consume alcoholic beverages at the Downtown Redlands Art Walk in Ed Hales Park on March 31,2019 Vote: 5 - 0 Passed Independent Contractor Agreement-Fitness Classes On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously approved the Independent Contractor Agreement between the City of Redlands and Holly Crane for the provision of fitness classes for adults at the City's Recreation Facilities Vote: 5 - 0 Passed License Agreement-Vintage Market On motion of Council Member Eddie Tejeda,seconded by Council Member John James,the City Council unanimously determined that the event is categorically exempt from environmental review pursuant to Section 15304 of the state's guidelines implementing the California Environmental Quality Act, approved the License Agreement with Red Rooster Vintage for the use of a vacant City-owned lot located at 205 W Stuart Avenue for the Red Rooster Vintage Market event to be held on the second Saturday of each month during the 2019 calendar year, and approved the closure of Stuart Avenue between Eureka Street and Orange Street during the events Vote 5 - 0 Passed COMMUNICATIONS Cancellation City Council Meeting January 2, 2019 Mayor Foster explained the request to cancel the regular City Council meeting of January 2, 2019, due to the meeting's proximity to the holiday closure On motion of Council Member Eddie Tejeda,seconded by Council Member Tom Momberger,the City Council unanimously approved the cancellation of the January 2,2019,regular meeting of the City Council Vote 5 - 0 Passed CC—SA December 4,2018 Page 4 NEW BUSINESS Alley Improvements Municipal Utilities and Engineering Assistant City Engineer Mike Pool provided an overview of a program to address maintenance and repair needs for City alleys On motion of Council Member John James, seconded by Council Member Tom Momberger,the City Council unanimously determined that the project is categorically exempt from environmental review under Section 15301(c) of the state guidelines implementing the California Environmental Quality Act and 24 CFR Part 58, Subpart D of the Code of Federal Regulations, approved the plans and specifications for the 17/18 Community Development Block Grant(CDBG)Alley Paving Improvements, Project No 43063, and awarded a contract between the City of Redlands and LC Paving& Sealing,Inc in the amount of$368,301 97 for the work Vote. 5 - 0 Passed Employee Grievance Findings&Decision Management Services/Finance Director Garcia presented the Hearing Officer's Findings and Decision relating to the employee grievance filed by former officer Greg Holmer and the Redlands Police Officers Association(RPOA)regarding the request for reimbursement of medical deductibles and co-pays for retirees who had retired after adoption of the Memorandum of Understanding(MOU) FY 2014-2017 and the removal of certain health care language from that MOU Jacob Kalinski, of Rams Lucia Stern St Phalle& Silver and representing the RPOA,reviewed his interpretations of the MOU's scope of health care benefits for retirees and stated the Officer's Findings and Decision are erroneous,Mr Kalmski urged the Council to modify or reject the Findings and he warned of possible litigation Steve Filarsky,of Filarsky&Watt LLP and representing the City for labor negotiations,offered background on the matter and explained the reimbursement provision completely disappeared from the MOU for active police officers because it was unique to only that bargaining unit and was a way to reduce the City's future retirement costs Council Members raised questions concerning the timing of the grievance,the merits of both sides, and the City's financial obligations They agreed it wasn't fair to the active police officers if the City were to change the language On motion of Council Member John James, seconded by Council Member Eddie Tejeda,the City Council unanimously adopted the Hearing Officer's Findings and Decision relating to the Employee grievance filed by former officer Greg Holmer and the RPOA regarding the provision of certain retiree health benefits to certain retired RPOA members The Findings and Decision uphold the City's position of the grievance Vote. 5 - 0 Passed LATE BREAKING ITEM Ad Hoc Committee-Homeless Emergency Aid Program Mayor Foster explained the need to form an ad hoc committee to assist in the development of a revised scope of work and budget relating to the City's Homeless Emergency Aid Program grant application On motion of Mayor Pro Tempore Barich, seconded by Council Member James,the City Council unanimously appointed Mayor Paul Foster and Council Member Tom Momberger to serve on the Ad CC—SA December 4,2018 Page 5 Hoc Committee,which will automatically dissolve on December 31,2018,given its limited scope and tasks Vote 5-0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES Christmas Parade-All the Council Members participated and enjoyed the Kiwams sponsored Christmas Parade held on December 1, 2018 Mayor Foster offered special thanks to noon Kiwanis for their organizing efforts, Quality of Life staff, and the Police and Fire Department personnel who made the event a real success story Council Member Momberger attended the Special Inter-Agency Council on Homelessness Meeting held on November 28, 2018 Mayor Pro Tempore Barich participated in the Shop Small Saturday Event in downtown Redlands on November 24,2018 Councilmember Tel eda attended the funeral for community activist,Joe Gonzales Mayor Foster participated in the annual Christmas Tree lighting ceremonies held in Ed Hales Park ADJOURNMENT There being no further action required the meeting adjourned at 6 41 P M The next regular meeting of the City of Redlands City Council will be held on December 18,2018 SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS Chairman Foster called the meeting to order and offered anyone present the opportunity to address the Board on any subject,not already on the agenda,within the jurisdiction of the Successor Agency PUBLIC COMMENT None forthcoming Minutes On motion of Director Momberger, seconded by Vice Chairman Banch,the minutes of the regular meeting on November 6,2018 were unanimously approved Vote 5-0 Passed ADJOURNMENT There being no further business,the Successor Agency to the Redevelopment Agency adjourned at 6 43 PM CC—SA December 4,2018 Page 6