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HomeMy WebLinkAbout2019_08_06 - Regular MINUTES Regular meetings 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 August 6,2019 at 5 00 P M Present Paul Foster,Mayor Denise Davis,Mayor Pro Tempore Paul Barich, Council Member Eddie Tejeda, Council Member Toni Momberger, Council Member Staff Dan McHugh, City Attorney, Jeanne Donaldson, City Clerk, Carl Baker,Public Information Officer, Chris Catren,Police Chief, Danielle Garcia,Management Services/Finance Director, Chris Boatman,Facilities and Community Services/Interim Municipal Utilities and Engineering Director,Brian Desatnik,Development Services 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 Real Property Negotiations -Amanda Frye offered historical context on a strip of land the City is negotiating to purchase from Don Paulson,who she claimed allegedly fraudulently took the dedicated public land and drainage strip from the University of Redlands She urged the City to reclaim the dedicated land,reverse the deed by a court ruling and investigate any possible wrongdoing Steve Rogers questioned why this item was not placed on the open session portion of the meeting as this is public right-of-way, and he complained the closed door negotiations have the appearance of a cover up Additionally,he voiced concerns that his public records request regarding this property have not been fulfilled yet by the City CLOSED SESSION Conference with legal counsel Anticipated Litigation-Government Code §54956 9(d)(2)(e)(3) (Facilities and Community Services Director Boatman) One Case a Discussion of threatened litigation against the City by Diversified Pacific Development Group LLC Conference with legal counsel Anticipated Litigation- Government Code §54956 9(d)(2)(e)(1) (City Attorney McHugh) One Case City Attorney McHugh announced staff requested the following Closed Session Item,C-3,be pulled from the agenda Conference with real property negotiators -Government Code §54956 8 (Facilities and Community Service Director Boatman and Development Services Director Desatnik) Property 31 W Stuart and 205 W Stuart(APNs 0169-281-23-0000 and 0169-281-19-0000) Agency Chris Boatman,Brian Desatmk Negotiators Negotiating Party Don Berry,Redlands Railway District,LLC Under Negotiation Terms of payment and price for proposed acquisition of City Property and grant of parking easement to City CC_SA_August 6,2019 Page 1 Conference with real property negotiators -Government Code §54956 8 (Facilities and Community Services Director Boatman) Property APN 0300-215-78-0000 Agency Negotiator Chris Boatman Negotiating Party Don Paulson Under Negotiation Terms of payment and pnce for City acquisition of property Conference with real property negotiators -Government Code §54956 8 (Facilities and Community Services Director Boatman) Property 617 Texas Street(APNs 0169-121-06-0000 and 0169-121-10-0000) Agency Negotiators Chris Boatman Negotiating Parties Donn Grenda Robert Rogers,Redlands Motorsports Under Negotiation Terms of payment and price for proposed purchase of City property RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6 12 P M with an invocation by Council Member Tejeda followed by the pledge of allegiance to the American flag CLOSED SESSION REPORT City Attorney McHugh announced that no reportable action was taken during the closed session PRESENTATIONS Redlands Pet Adoption—Animal Control Officer Joseph Martinez, introduced"Graham", a two-year-old male Shepherd mix,who is available for adoption,with forty-three other dogs and ninety-four cats Mr Martinez informed the Council twenty-two dogs and forty-eight cats have been adopted since the last regular City Council meeting He announced the City will hold its annual rabies vaccination and licensing clinic on August 7,2019 Community Clean Up Recognition-Mario Saucedo,representing the Common Vision Coalition,thanked the City for their continued support of various programs the Coalition hosts, including the north side"Community Clean Up Day"held May 4,2019 and two Town Hall Meetings He presented Certificates of Recognition to Mayor Paul Foster, Council Members Tejeda and Momberger,Assistant City Manager Janice McConnell, Director Boatman, Community Service Officer Con Lane, Cpl Mike Merriman, Ofc Dan Cherpin,Field Services Superintendent Erik Reeves, Code Enforcement Officer John Marquez, Solid Waste Coordinator Jason Simmons,Recycling Coordinator Melanie Mendez, Senior Solid Waste Truck Drivers Mike Hynes and Gabriel Cortez, Solid Waste Maintenance Worker Rob Bnceno,Electrician Randy Sepulveda, Equipment Operator Andrew Chavez and the City's Contractor,West Coast Arborist,Inc CC_SA_August 6,2019 Page 2 PUBLIC COMMENT North Side Community Clean Up Day-Kenneth Ford was thrilled with the positive impact he's seen in the neighborhood after the recent clean up efforts, and he thanked everyone involved Ruben Vasquez was pleased with the progress made on the north side but pointed out there is more work to be done He added the improvements have empowered residents and enriched the community's quality of life Recycling -Andy Hoder stated the largest chain of recycling centers,RePlanet, announced it was abruptly ceasing operations and all locations will be closed He expressed concerns with how the loss of multiple centers will negatively impact many residents, and he suggested the Council consider delegating City land to serve as a temporary recycling location CONSENT CALENDAR Minutes On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved minutes of the regular meeting of July 16,2019 Vote. 5 - 0 Passed Proclamation Boys& Girls Club Day for Kids On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved a Proclamation declaring September 21,2019, as Boys &Girls Club Day for Kids Vote. 5 - 0 Passed Police Wide Area Network Services Management Services/Finance Director Garcia reviewed the agreement with San Bernardino County Information Services Department for the provision of Wide Area Network Services to enable the Police Department connectivity to San Bernardino County Sheriffs systems As public comment, Steve Rogers objected to the Police Department entering into an agreement with the County, and he stated he has not received appropriate written assurances from the City Attorney that documents he considered to be objectionable, false, illegal and harmful and/or discriminatory have been removed from all data bases and software to be provided to the County under this agreement On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the agreement with San Bernardino County Information Services Department for the provision of Wide Area Network Services for a period of five years in the total amount of$49,140 enabling Police Department connectivity to San Bernardino County Sheriffs systems Vote: 5 - 0 Passed Cal-ID/Identix Maintenance Payment On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously authorized payment of the annual maintenance invoice for the City's Police Department's Fingerprint Identification services to San Bernardino County Sheriff's Department(Cal-ID/Identix) in the amount of$84,011 Vote. 5 - 0 Passed CC_SA_August 6,2019 Page 3 Ordinance No. 2894 Small Cell Wireless Facilities Facilities and Community Services Director Boatman reviewed the timeline for Council's consideration of Ordinance No 2894 and explained the need to establish a process for managing and developing uniform standards for requests to place small cell wireless facilities within the public rights-of-way of the City As public comment, several audience members spoke in opposition to the adoption of the ordinance, including Dr Nancy Baker,Dr Keith Scharf, Steve Rogers,Ron Feiken,Hien Huynh,Andrea Viggers, Sharon Barros, Dina Hankins,Mehsa Castro,Ernest Ott,Barbara Stein,Bob,Josh Hall,Bob Pierce and three unidentified audience members They reiterated various concerns including, adverse health and safety issues, especially with young people,many insisted the City does have a choice and urged the Council to protect its residents, pushed for placement locations that would require towers be installed at least 1,000 feet away from schools and 500 feet away from residences, some cited studies that show physical health problems are caused by these towers, complained the City's special Counsel was very one-sided,urged Council to take control of their jurisdiction and look to the recent California Supreme Court ruling and case law, use of common sense and the desire to truly listen to the public's input rather than side with the large carrier companies, the willingness to stand up to unjust laws, the review of newer city ordnance adoptions, such as San Ramon and Calabasas,possible improper CEQA exemption, lack of a Master Plan from the providers,potential liability issues in the future and the choice of fiber optics over 5G A moratorium was suggested, along with putting this item before the voters to determine the outcome Council Member Banch was opposed to the ordinance Council Member Momberger announced she very much appreciated the commitment and participation of all the members of the public who have been a part of this discussion but her role on Council is to protect the entire community,which includes guarding the City's finances and protecting against litigation Mayor Pro Tempore Davis agreed, adding that after much serious consideration, she determined the responsible action was to support this regulation She also expressed appreciation of the public's participation Mayor Foster recapped the Council's efforts to reach out to those in higher offices, including Congress and the Unites States Conference of Mayors He highlighted the goal is to work within the legal constructs to bring about change which would allow local jurisdictions more control On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council adopted Ordinance No 2894, adding Chapter 12 60 to the Redlands Municipal Code relating to small cell wireless facilities within the public rights-of-way of the City Vote 3 -2 Passed NAY Council Member Paul Banch Council Member Eddie Tejeda Automated License Plate Recognition Purchase On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the purchase of Automated License Plate Recognition(ALPR)cameras in the amount of$147,623 77 for Mountain Grove and Citrus Plaza area and approved an additional appropriation for the same Vote 5 - 0 Passed Fee Waiver Annual Believe Walk Event On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the request from Stater Bros Charities for a waiver of fees in the amount of $23,294 44, and authorized the use of City resources related to the 12th Annual Believe Walk Event to be held on October 6, 2019 Vote 5 - 0 Passed CC_SA_August 6,2019 Page 4 Alcohol Consumption Downtown Redlands Art Walk On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the request to serve and consume 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 sale and consumption of alcoholic beverages at the Downtown Redlands Art Walk in Ed Hales Park on October 27,2019 Vote: 5 - 0 Passed Land Conveyance On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the transfer of property is exempt from environmental review pursuant to Section 15061(b)(3) of the state's Guidelines implementing the California Environmental Quality Act, authorized the acceptance of the grant deed from Property One,LLC (APN's 0170-281-16-0000, 0170-281-18-0000, and 0170-281-20-0000), and authonzed the Assistant City Manager to execute the grant deeds Vote 5 - 0 Passed Special District Tax Collection On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the agreement with San Bernardino County under which the County will collect special taxes, fees, and assessments on behalf of the City Vote 5 - 0 Passed FCC Shot-Clock Extension AT&T Small Wireless Facility Development Services Director Desatnik detailed the need to extend the FCC Shot-Clock Deadline on AT&T Small Wireless Facility Application and responded to Council Member Tejeda's question, confirming the shot clock deadline is placed on the City and not the Applicant On motion of Mayor Pro Tempore Denise Davis, seconded by Council Member Toni Momberger,the City Council unanimously approved the agreement for the extension of FCC Shot-Clock Deadline on AT&T Small Wireless Facility Application Vote. 5 - 0 Passed FCC Shot-Clock Extension Crown Castle Small Wireless Facility Development Services Director Desatnik pointed out this request to extend the FCC Shot-Clock Deadline on a Crown Castle Small Wireless Facility Application was similar to the previous agenda item which allows more time for staff to process the Application and comply with FCC deadlines As public comment,Hien Huyen urged the Council to protect the residents and perform proper due diligence to determine the safest locations when processing these applications On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the agreement for the extension of FCC Shot-Clock Deadline on Crown Castle Small Wireless Facility Application Vote 5 - 0 Passed CC_SA_August 6,2019 Page 5 COMMUNICATIONS Delegate Designation On motion of Mayor Paul Foster, seconded by Council Member Toni Momberger,the City Council unanimously approved the designation of Mayor Pro Tempore Davis as the voting delegate and Council Member Momberger as the alternate voting delegate for the 2019 League of California Cities Annual Conference Vote: 5 - 0 Passed Wildland Fires Town Hall Meetings Fire Chief Cooke announced the Fire Department has scheduled two Town Hall meetings, on August 15 and August 17,2019 at Redlands High School Grace Mullen Building, in order to take proactive steps to prepare the community for major fires during the 2019 wildland fire season PUBLIC HEARINGS Sign Conditional Use Permit University of Redlands Mayor Pro Tempore Davis recused herself from this item due to her source of income relationship with the University of Redlands Mayor Foster opened the public hearing and called upon Brian Foote, of Development Services, for a review of the request from the University of Redlands for a variance to allow for one internally-illuminated scoreboard sign facing the interior of Ted Runner Stadium on the University campus He explained a Conditional Use Permit is required for signs exceeding 120 square feet and must be approved by the City Council by a four-fifths vote The scoreboard is not intended to be a commercial advertising sign,nor a business identification sign,but would provide a critical element of stadium identity and have a role in place making for patrons Jeff Martinez,representing the University of Redlands,thanked the City for their support With no further comment,Mayor Foster closed the public hearing On motion of Council Member Toni Momberger, seconded by Council Member Paul Barich,the City Council determined that Sign Conditional Use Permit No 25 and Variance No 805 for the University of Redlands are exempt from environmental review in accordance with Section 15311 of the California Environmental Quality Act Guidelines and adopted Resolution Nos 8013 and 8014 Vote• 4- 0 Passed Other Mayor Pro Tempore Denise Davis(RECUSE) NEW BUSINESS License Agreements Small Cell Wireless Facilities Facilities and Community Services Director Boatman explained Ordinance No 2894,which Council adopted earlier this evening, establishes regulations governing small cell wireless facilities within the public right-of-way in the City and requires the applicant of any proposed small cell wireless facility to first enter into a Master License Agreement The license agreement would protect the City and ensure it receives fees that comply with the September 2018 FCC Order,while also maintaining flexibility to adapt to the outcome of litigation surrounding the Order As public comment,Hien Huynh stated he respected different opinions but still disagrees with the Council's decision to adopt Ordinance No 2894, and would like to see the City charge earners submitting applications, as much as possible Dr Nancy Baker raised several concerns including,who would cover insurance costs associated with electromagnetic frequencies (EMF),her claim of CC_SA_August 6,2019 Page 6 possible discrimination against certain members of the community and specifically those in her family, and she warned of litigation that will come against the City She stated the City is not appropriately protecting its residents for such things as,protection against litigation, against a decline of property values, against improper noticing and disclosure,and against improper signage Council Member Barich supported the proposed license agreements which will give the City some control and provide some protections Council Member Momberger asked for City Attorney McHugh to provide clanfication regarding a letter received from the attorney representing Dr Nancy Baker and John and Simona Baker, and all residents of Redlands, listing their opposition to Ordinance No 2894 and the Master License Agreements and the claim the documents contain deficiencies Mr McHugh provided details and explained the City has reviewed the attorney's letter with staff and Special Counsel and remains comfortable with City documents as presented On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the form of License Agreement for Municipal Facilities is exempt under Section 15061(b)(3)of the State's guidelines implementing the California Environmental Quality Act, approved the form of Master License Agreement for Municipal Facilities with the understanding that the City Manager and City Attorney may negotiate modifications to the form agreements in the best interests of the parties to the agreements, directed staff to prepare Master License Agreement with New Cingular Wireless PCS LLC, Crown Castle Fiber LLC, and Los Angeles SMSA Limited Partnership based on the approved form of agreement, and authorized the Mayor to execute the agreements without further Council action Vote 5 - 0 Passed Five-Year Measure I CIP Program Intenm Municipal Utilities and Engineering Director Boatman offered an overview of Measure I Capital Improvement Program(CIP)and the requirements to submit an annual report to the SBCTA On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of 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 8009 adopting a Five-Year Measure I Capital Improvement Program,Fiscal Year 19/20 to 23/24 Vote• 5 - 0 Passed Request for Development Proposals Facilities and Community Services Director Boatman provided background of Council's decision directing staff to prepare a Request for Proposals for the potential purchase and development of City-owned property located at 617 West Texas Street The building has been known more commonly as the home of the National Guard Armory The intent was to obtain development proposals from interested parties that would include detail on how the property will be improved and what benefits the City will realize On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously directed staff to seek proposals for the conditional disposition and development of 617 West Texas Street Vote. 5 - 0 Passed CC_SA_August 6,2019 Page 7 Mailing Services Agreement Revenue Manager Kann Grance detailed the proposed contract for mailing services to include,mail pickup, weekly utility billing pickup, folding, inserting,metering and dropping off at the post office, and courier service for three years In response to Council Member Tejeda's question,the City receives bulk rate pricing and these services save valuable staff time On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously approved the agreement for mailing services with Inland Presort and Mailing Services Vote• 5 - 0 Passed Utility Connection Tom's Burgers -Pre-Annexation Agreement Mayor Foster announced this item was pulled from the agenda to be addressed at a later date Water Service Open Space-Pre-Annexation Agreement Development Services Director Desatnik bnefly reviewed Pre-Annexation Agreement No 19-01 for the provision of water service for the irrigation of preserved open space located generally south of 5th Avenue/ Sand Canyon Road and east of Crafton Avenue On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined the approval of Pre-Annexation Agreement No 19-01 is exempt from environmental review pursuant to Sections 15304(c)of the State's CEQA Guidelines implementing the California Environmental Quality Act, and adopted Resolution No 8015 approving Pre-Annexation Agreement No 19-01, for the provision of water service for the irrigation of preserved open space located generally south of 5th Avenue/Sand Canyon Road and east of Crafton Avenue (APNs 299-301-01-0000, 299-301-03-0000,299-301-06-0000, 299-301-07-0000,299-301-09-0000,299-301-10-0000,299-301-01-0000 and 299-301-12-0000) Vote: 5 - 0 Passed Commercial Landscape Maintenance Facility Establishment Catherine Lin, of Development Services,presented Resolution No 8012 approving Commission Determination No 64 to allow a commercial landscape maintenance facility to be established in the Light Industrial(I-P)district on a five acre vacant property on the south side of Sessums Drive She explained the Planning Commission determined that the proposed Commercial Landscape Maintenance Facility was a similar use to a lumber yard and recommended it for Council approval, subject to the Conditions of Approval contained in the Resolution Council Member Momberger asked whether the Airport Advisory Board(AAB) reviewed the item,but Director Boatman informed her the City's code does not require the Board's recommendation As public comment,Bob Pierce, of the AAB,pointed out the Board's main concern is the community's safety He stated the advisory group has not been given the opportunity to review this matter despite the proximity to the airport Council Member Barich suggested the item be tabled for additional review CC_SA_August 6,2019 Page 8 On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,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 prepared for Commission Determination No 64, approved the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program, and directed staff to file and post a Notice of Determination in accordance with Section 15074 of the California Environmental Quality Act Guidelines, and adopted Resolution No 8012 approving Commission Determination No 64 to allow a commercial landscape maintenance facility to be established in the Light Industrial(I-P)district on a five acre vacant property on the south side of Sessums Drive, approximately 1,560 feet west of Wabash Avenue and 1,150 feet east of Aviation Drive Vote. 5 - 0 Passed MUED Annual Purchase Orders Interim Municipal Utilities and Engineering Director Boatman reviewed Resolution No 8008, approving an annual purchase order, five single source/sole source agreements, and three agreements for laboratory testing, meter testing, service,training,repairs,maintenance, instrument calibration,various supplies and services to support the water and wastewater operations The Department regularly purchases a variety of supplies and service from various suppliers to allow for continued operations and maintenance performed within On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8008,approving an annual purchase order, five single source/sole source agreements, and three agreements for laboratory testing,meter testing, service,training, repairs,maintenance, instrument calibration,various supplies and services to support the water and wastewater operations, and determined that these agreements are exempt from environmental review pursuant to Section 15061(b)(3)of the State's guidelines implementing the California Environmental Quality Act Annual purchase orders include Western Water Works Supply in the amount of$275,000, Hach Company for$50,000, D&H Water Systems for$85,000, Plumbers Depot for$125,000, Sulzer Electro-Mechanical Services for$76,000, R&B Automation for$114,500, Babcock Laboratories for$232,422 50, DG Energy Services for$17,510, and TESCO Controls for$423,784 Vote 5 - 0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES In the interest of time,Mayor Foster requested Council forgo announcements and activity reports ADJOURNMENT There being no further action required the meeting adjourned at 8 24 P M The next regular meeting of the City of Redlands City Council will be held on September 3,2019 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 CC_SA_August 6,2019 Page 9 Minutes On motion of Board Member Tejeda, seconded by Board Member Momberger,the minutes of the regular meeting on July 2,2019 were unanimously approved Vote 5 -0 Passed ADJOURNMENT There being no further business,the Successor Agency to the Redevelopment Agency adjourned at 8 25 P M The next regular meeting of the Agency will be held on September 3,2019 CC_SA_August 6,2019 Page 10