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HomeMy WebLinkAbout2019_05_21 - Regular MINUTES Regular meetings of the City Council and the Redlands Financing Authority of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on May 21, 2019 at 5 00 P M Present Paul Foster,Mayor Denise Davis,Mayor Pro Tempore Paul Banch, Council Member Eddie Tejeda, Council Member Toni Momberger, Council Member Staff Janice McConnell,Assistant 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 Desatnik,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 Open Government - Steve Rogers questioned the language in Agenda Item C-3-a,Existing Litigation Nabar Enrique Martinez, et al v City of Redlands, et al , San Bernardino Superior Court Case No CIVDS 1913100 He was frustrated with the City's inability to provide responsive records related to a complaint filed in 2011 concerning Crystal Springs Ranch City Attorney McHugh explained Agenda Item C-3-a was tied to claims received,which included one from Nabar Enrique Martinez and one for each of his two minor children CLOSED SESSION 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 Discussion of threatened litigation(State Controller's Office demand for delinquent fines) Conference with legal counsel Anticipated Litigation- Government Code §54956 9(d)(2)(e)(2) (Assistant City Manager McConnell) One Case a Facts and circumstances Consideration of claims by Nabar Enrique Martinez Conference with legal counsel Existing Litigation-Government Code §54956 9(d)(1) (City Attorney McHugh) Three Cases a Nabar Enrique Martinez, et al v City of Redlands, et al , San Bernardino Supenor Court Case No CIVDS 1913100 b COMET v City of Redlands, et al, San Bernardino Superior Court Case No CIVDS 1906347 c Barajas v City of Redlands, San Bernardino Supenor Court Case No CIVDS 1719737 CC_RFA_May 21 2019 Page 1 Conference with labor negotiator-Government Code §54957 6 (Mayor Foster) Agency Negotiator Paul Foster Employee Organization Redlands Association of Safety Management Employees Public Employee Appointment- Government Code §54957 (Mayor Foster) Title City Manager RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6 14 P M with an invocation by Mayor Foster followed by the pledge of allegiance to the American flag CLOSED SESSION REPORT City Attorney McHugh announced the City Council unanimously rejected the government claims from former City Manager Nabar Enrique Martinez and his two minor children PRESENTATIONS Redlands Animal Shelter—Animal Control Supervisor Silvia Lemus introduced"Peter", a ten-year-old male Chihuahua mix who is available for adoption,with twenty-one other dogs and fifty-five cats Ms Lemus informed the Council twenty-nine dogs,twenty-four cats and two rabbits have been adopted since the last regular City Council meeting Proclamation In-Home Supportive Services-Mayor Foster presented a proclamation in recognition of In-Home Supportive Services in the City of Redlands to Juan Carlos Garcia,who introduced several in-home workers who provided details of the work they do PUBLIC COMMENT Open Government- Steve Rogers stated open government policies are critical to maintaining the public's trust He listed a timeline of events related to City processing of property located at Alta Vista and Florida and voiced concerns with the recent activity witnessed there Spending Priorities—Dennis Bell urged the Council to restrict spending on items such as fee waivers, historic preservation, open space and public art and instead, look for ways to generate revenue He was opposed to increasing sales tax and rates for water, sewer and trash CONSENT CALENDAR Minutes On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger, the City Council unanimously approved the minutes of the regular meeting of May 7, 2019 Vote• 5 - 0 Passed CC_RFA_May 21 2019 Page 2 Proclamation In-Home Supportive Services On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously approved a Proclamation in recognition of In-Home Supportive Services in the City of Redlands Vote: 5 - 0 Passed Planning Commissioner Appointment On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously appointed Karah Shaw to serve the remainder of an unexpired term on the Planning Commission ending January 6, 2022 Vote: 5 - 0 Passed Ordinance No 2891 Purchasing Regulations On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously adopted Ordinance No 2891 amending Chapter 2 16 of the Redlands Municipal Code related to City Purchasing Regulations and sale of surplus personal property Vote: 5 - 0 Passed Resolution No 7968 Unclaimed Checks and Deposits Mayor Foster announced this item was pulled from the agenda to be addressed at a later date Grant Award On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously accepted a grant award from San Manuel Band of Mission Indians to fund the 2019 Redlands Emergency Services Academy in the amount of$28,000 and authorized an additional appropriation of the same to the Police Department Vote: 5 - 0 Passed Emergency Services Academy Event Services On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously approved the agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy(RESA)beginning Wednesday,July 10, 2019,through Wednesday,July 17, 2019 RESA provides graduating high school students with a rigorous hands-on introduction to public safety careers Vote 5 - 0 Passed Model Home Agreement Mastercraft Residential On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously determined that approval of the Agreement is categoncally exempt from environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Quality Act, and approved a Model Home Agreement between Mastercraft Residential and the City of Redlands for Tentative Tract Map No 19942 and accepted the associated surety(cash deposit) in the amount of$60,000 CC_RFA_May 21 2019 Page 3 Vote 5 - 0 Passed Funding Agreement IERCD On motion of Council Member Eddie Tejeda,seconded by Council Member Toni 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, approved a funding agreement with the Inland Empire Resource Conservation District (IERCD)for Ford Park pond improvements in the amount of$12,500 00, and authorized an additional appropriation of the same Vote• 5 - 0 Passed Resolution No. 7957 Traffic Regulations On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously determined that adoption of the resolution is exempt from environmental review pursuant to Section 15061(b)(3)of the state's guidelines implementing the California Environmental Quality Act, and approved Resolution No 7957 establishing a passenger loading zone at Kimberly Elementary School Vote 5 - 0 Passed Grant Acceptance Transportation Development Act On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously determined that acceptance of a Transportation Development Act Article 3 (TDA) grant and approval of the construction contract are not subject to environmental review pursuant to Section 15061(b)(3)and Section 15301(c)respectively of the state's guidelines implementing the California Environmental Quality Act, accepted the TDA grant in the amount of$100,000 from the San Bernardino County Transit Authority, approved the 2017/2018 Sidewalk Maintenance Project specifications, and awarded a construction contract to CT&T Concrete Paving,Inc in an amount not-to-exceed$200,000 for the 2017/2018 Sidewalk Maintenance Project,Project No 47114 in an amount not-to-exceed$200,000 Vote 5 - 0 Passed Fee Waiver 4th of July Celebration Quality of Life Director Boatman introduced a request for a fee waiver and a request to serve and consume alcohol during the Redlands 4th of July event at Sylvan Park to be held on July 4, 2019 As public comment,Dennis Bell declared his opposition to all the fee waivers granted throughout the year, in what he says comes up to $364,000 On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously determined that authorization for the sale and consumption of alcoholic beverages and waiver of fees during the 2019 Redlands 4th of July event is categorically exempt from environmental review pursuant to Section 15311(c) of the state's guidelines implementing the California Environmental Quality Act, authorized the expenditure of City resources and a waiver of fees in the amount of$23,944 75 related to this event, and approved permission to serve and consume alcoholic beverages during the 2019 Redlands 4th of July event to be held on July 4,2019 Vote 5 - 0 Passed COMMUNICATIONS CC_RFA_May 21 2019 Page 4 Proposed Fiscal Year 2019-2020 Budget Assistant City Manager McConnell introduced the Proposed Fiscal Year 2019-2020 Budget, highlighting the budget is balanced on recurring revenues with a projected ending unreserved fund balance of$10 5 million and reserves projected at$11 8 million Using an objective approach,the City estimated revenues as accurately as possible Current service levels are maintained Management Services/Finance Director Garcia summarized the Proposed Budget presents balanced budgets in FY 2018-2019 and 2019-2020 At June 30,2020,the City expects to end the year with a surplus of$312 Both budgets have been balanced without using the City's reserve for contingencies An estimated $75 4 million is available to fund the General fund operations for FY 2019-20 Ms Garcia explained the budget is governed by the overarching trends in the local economy,with property tax and sales tax as the major revenue sources in the General Fund Property tax is expected to continue to perform well but sales tax is expected to remain relatively flat,provided some one-time adjustments that will occur in the FY 2019-20 period In response to Council Member Tejeda, she reviewed the difference between an objective approach versus a conservative approach when estimating revenues Using an objective approach,the City estimated revenues from data provided by San Bernardino County's Auditor-Controller and the City's sales and property tax consultant As public comment,Former Council Member Bob Gardner was pleased with all the great improvements the City has made from when he was last on Council in 2014 He appreciated the budget, commended the work done to build up the City's reserves, and complimented the performance measures utilized by Development Services,Police and Fire Dennis Bell thanked everyone for all their efforts towards this proposed budget but questioned the financial position of the City,the Palmetto Grove accounting and the method used for reporting lost revenue from fee waivers and legal claims and lawsuits He wondered why all employees were given an annual clothing allowance The Budget Subcommittee members,Mayor Pro Tempore Davis, City Treasurer Dawes and Mayor Foster provided comments as to their perceptions of the proposed document for consideration and all agreed the City is in good shape financially with solid reserves The Mayor added all funds are fully accounted for and the budget approval process has been handled in an open and transparent manner On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously agreed to continue consideration of the City Manager's Proposed Fiscal Year 2019-2020 Budget to the Special Meeting of the City Council scheduled for May 28,2019,at 6 00 P M Vote. 5 - 0 Passed PUBLIC HEARINGS Resolution Nos 7974 and 7975 CFD Annexation 20 Mayor Foster opened the hearing and called upon Municipal Utilities and Engineering Director Toor for a report on requests from Beazer Homes Holdings and JEN California to add territory to Community Facilities District(CFD)No 2004-1,Annexation No 20 City Clerk Donaldson agreed to hold the special election within the annexing territory on May 21,2019 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(17-0)were in favor of levying the tax CC_RFA_May 21 2019 Page 5 On motion of Mayor Paul Foster, seconded by Council Member Eddie Tejeda,the City Council unanimously approved Resolution No 7974, 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 approved Resolution No 7975, declanng 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 Histonc Resource Designation Mayor Foster declared the meeting open as a public hearing and called upon Development Services Director Desatmk for details on a historic designation request from Property One, LLC for the 8,400 square-foot"City Transfer and Storage Company Warehouse,built in 1906, and known as the "Rondor Building", located at 440 Oriental Avenue The Applicant's representative, Glenn Feron,was available for questions With no further comments,Mayor Foster closed the public heanng On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously approved Resolution No 7971 approving Historic Resource Designation No 134 for the designation of the 8,400 square-foot"City Transfer and Storage Company Warehouse" located at 440 Onental Avenue(APN 0169-271-39-0000)in the Service Commercial district of the Downtown Specific Plan Vote 5 - 0 Passed Ordinance No 2881 Residential Recreation Courts Mayor Foster declared the meeting open as a public hearing and called upon Brian Foote, of Development Services,who provided background on the request from Brian Chu to amend the Redlands Municipal Code(RMC) Chapter 18 156,Article X The proposed amendment would clarify the status of pre-existing pnvate sport courts that were constructed prior to March 23,2018,the effective date of Ordinance No 2861 which amended the RMC for residential districts to allow pnvate courts as accessory land uses and to establish an Administrative Use Permitting process If adopted,pre-existing sport courts would be deemed approved uses The regulations are intended to control the height, size and location of recreation courts to ensure the compatibility of the development of recreation courts with associated land uses,to provide for pnvacy and protection against hazardous conditions,to preserve neighborhood character, and to protect access to light and air and the privacy of residents Mr Foote informed the Council that Development Services had just recently become aware of complaints regarding batting cages on property located at Via Vista Directors Desatnik and Boatman added that staff has not had enough time to thoroughly analyze what parts of this property would fall under the new ordinance The Applicant's representative,Robert Zipnck, of Zipnch&Associates,maintained that without this ordinance the City will be creating legal uncertainty with all the pre-existing residential sport court properties,making these properties non-confirming uses As public comment,neighborhood resident of Mr Chu, Chris Sedmack stated her claim the sport court at 1130 W Clifton was built in violation of the City's zoning code, and she urged the Council to require the Planning Commission review these types of uses James Reed, another neighbor of Mr Chu, complained the new fencing standard of 10-feet does not provide enough protective buffer from neighboring properties and was opposed to the new amendment Steve Rue, Carl Herth,Ron Alexander, Lorne Devinan,Michael MacFarland and Tom Cosand, all neighboring residents of the batting cages located on Via Vista,voiced their complaints,including, extreme noise levels due to aluminum bats, multiple lights and flood lights running all hours, lack of landscaping buffer,fencing,parking and a general nuisance which has negatively impacted the whole neighborhood Bill Cunningham warned of watering down the Municipal Code and lowenng the City's development standards Mr Zipnch again stated the proposed amendment needs to be approved to avoid major legal problems for all pre-existing sport court properties After much discussion,Mayor Foster closed the public hearing CC_RFA_May 21 2019 Page 6 Council Member Tejeda requested staff consider identifying rural homes vs those in higher density residential areas Council Member Barich was uncomfortable with changing the fencing standard to 10-feet Council Member Momberger expressed her appreciation of the sound of play and supported these types of courts as long as they comply with the code Mayor Foster stated the City needs to be sensitive to all the legal complications with many of these existing residential sports courts properties On motion of Mayor Paul Foster, seconded by Council Member Paul Barich,the City Council unanimously agreed to continue consideration of Ordinance No 2881, amending Redlands Municipal Code Chapter 18 156,Article X, for Private Residential Sports and Recreation Courts, submitted by applicant Brian Chu Vote• 5 - 0 Passed NEW BUSINESS Resolution No 7967 Five Year Measure I CIP Municipal Utilities&Engineering Director Toor reviewed the Measure I reporting requirements and the need to amend FY 18-19 Five Year Measure I Capital Improvement Program(CIP), as paving priorities may change due to external factors An updated Five Year CIP must be submitted to SBCTA by June 30 On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that the project is exempt under Sections 15273(a)(4)and 15301(c) of the State's guidelines implementing the California Environmental Quality Act, and approved Resolution No 7967 to rescind Resolution No 7884 and adopt the amended FY 18-19 Five Year Measure I Capital Improvement Program Vote 5 - 0 Passed Renewable Liquefied Natural Gas Quality of Life Director Boatman summarized the need for supply and delivery of renewable liquefied natural gas and explained the expense is offset by outside fuel sales On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the agreement is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act, and approved an agreement with Clean Energy for supply and delivery of renewable liquefied natural gas in an amount not to exceed$561,632 40 for a period of one year,with two additional one-year renewal options for a total agreement amount not to exceed$1,684,897 20 Vote: 5 - 0 Passed Dining in the Alley Improvements Copehouse Quality of Life Director Boatman presented background of a request by David Kramer for improvements of the Copehouse Bar&Bistro within the Orange Street Alley Plans have already been submitted and approved for a deck, fencing,new exterior door, and reconfiguration of an exterior vent on his adjacent tenant space,but an additional request was made to include an open patio cover that is designed to accommodate gas heaters and lighting The License Agreement between the City and David Kramer requires that any improvements to the licensed area are subject to separate approval by the City Council CC_RFA_May 21 2019 Page 7 On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the project submitted by David Kramer is exempt from further environmental review pursuant to Section 15301(a) of the State's guidelines implementing the California Environmental Quality Act, and approved the proposed improvements within the Orange Street Alley Vote 5 - 0 Passed Dining in the Alley Improvements R-O-C Quality of Life Director Boatman detailed a request by Emanuel Jacobson to construct improvements within the Orange Street Alley for Redlands Oyster Cult(R-O-C), consisting of a wrought iron fence with metal mesh paneling and metal framed posts and the installation of a retractable to provide shade On motion of Council Member Eddie Tejeda,seconded by Council Member Paul Banch,the City Council unanimously determined that the project is exempt from environmental review pursuant to Section 15301(a) of the State's guidelines implementing the California Environmental Quality Act, and approved the request by Emanuel Jacobson to construct improvements within the Orange Street Alley, consisting of a wrought iron fence with metal mesh paneling and metal framed posts and the installation of a retractable to provide shade Vote 5 - 0 Passed Advisory Recruitment Subcommittee Mayor Foster introduced his request to form a temporary advisory Recruitment Subcommittee relating to the recruitment of the City Manager As public comment,Dennis Bell was disappointed Council Members appointed themselves, and he suggested the City seek potential candidates for the position before hiring a consultant On motion of Mayor Paul Foster, seconded by Council Member Eddie Tejeda,the City Council unanimously approved the formation of a temporary advisory Recruitment Subcommittee relating to the recruitment of the City Manager and appointed Mayor Foster and Mayor Pro Tempore Davis to serve on the Recruitment Subcommittee Vote• 5 - 0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES MOD Groundbreaking -All Council Members attended the groundbreaking ceremony at the Mutual Orange Distributors(MOD)building,the future home of the "Redlands Public Market" Sister Cities Clock Unveiling-All Council Members enjoyed the unveiling ceremonies for the Sister Cities clock at Ed Hales Park on May 20,2019 Mayor Pro Tem Davis attended the Inland California Rising Summit on May 10,the Human Relations Commission,toured Garner Holt Productions, served on the Budget Subcommittee,participated in a League of California Cities meeting at ESRI with Council Member Momberger and was keynote speaker at the California Business and Professional Women Annual Conference in Ontario She enjoyed the San Bernardino County Museums'Fundraiser,Bucky Ball event, and along with the Mayor, she spoke at a meeting hosted by Redlands for Progressive Change,and interacted with economic and government students from REV Council Member Banch enjoyed the annual Bucky Ball fundraiser event for the San Bernardino County CC_RFA_May 21 2019 Page 8 Museum, attended the Roy Coble Award Dinner,the Boys and Girls Club fundraiser honoring the Rochefords,Red Wine&Blues event held at ESRI and the Mayor's Prayer Breakfast at the Orton Center Council Member Momberger participated in the Ride of Silence to honor cycling deaths Council Member Teieda met with residents to discuss their concerns related to the Transit Villages ADJOURNMENT There being no further action required the meeting adjourned at 8 07 P M The next regular meeting of the City of Redlands City Council will be held on June 4,2019 REDLANDS FINANCING AUTHORITY 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 Redlands Financing Authority PUBLIC COMMENT None forthcoming Minutes On motion of Board Member Barich, seconded by Board Member Tejeda,the minutes of the regular meeting of January 15, 2019,were unanimously approved ADJOURNMENT There being no further business,the Redlands Financing Authority adjourned at 8 08 P M The next regular meeting of the Agency will be held on September 17,2019 CC_RFA_May 21 2019 Page 9