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HomeMy WebLinkAbout2019_10_01 - 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 October 1,2019 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 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,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 None forthcoming CLOSED SESSION Conference with legal counsel Existing Litigation-Government Code §54956 9(d)(1) (City Attorney McHugh) Three Cases a John Regalado v City of Redlands, et al ,United States Central District Court of California Case No 5 19-cv-00529-MWF-SPx b Darr, et al v City of Redlands, et al , Superior Court of California, County of Riverside Case No RIC 1902274 c Rorie Thomas v City of Redlands, et al ,United States Central District Court Case No 5 19-cv-1823 Conference with legal counsel Anticipated Litigation-Government Code §54956 9(d)(2)(e)(3) (Facilities and Community Services Director Boatman) One Case a Facts and Circumstances Receipt of threatened litigation against the City by Diversified Pacific Development Group LLC 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 Pins Boatman Negotiating Party Donn and Janet Grenda,Redlands Unified School District Under Negotiation iferms of payment and pnce for proposed purchase of City property CC_SA_October 1,2019 Page 1 Public Employee Appointment-Government Code §54957 (Mayor Foster and Mayor Pro Tern Davis) a Title City Manager RECONVENE CITY COUNCIL MEETING The meeting reconvened at 7 02 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 that no reportable action was taken during the closed session PRESENTATIONS Redlands Pet Adoption—Animal Control Officer Joseph Martinez,introduced"Tully", a ten-month-old male Pitbull mix,who is available for adoption,with thirty-four other dogs and fifty-two cats Mr Martinez informed the Council fourteen dogs and seventeen cats have been adopted since the last regular City Council meeting PUBLIC COMMENT Permitting Issues- Chris Lemos voiced frustration with the City's permitting process and asked for assurances that the public receive accurate and consistent information when working with staff 4G and 5G Installations -Tetyana Kashner reiterated her concerns with aesthetics and the health and environmental impacts caused by the microwave radiation emitted from 4G and 5G small cell towers and claimed there are hundreds of scientific articles that specify devastating health effects She pointed out many other cities have passed legislation banning 5G cell towers, and she urged the Council block the installations in Redlands Remtroductions- Scott Ward reintroduced himself as the new Field Representative for Third District Supervisor Dawn Rowe CONSENT CALENDAR Minutes On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the regular meeting minutes of September 17,2019 Vote: 5 - 0 Passed Commissioner Appointment Cultural Arts Commission On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Margo Mullen to serve the remainder of an unexpired term on the Cultural Arts Commission ending January 18,2021 Vote: 5 - 0 Passed CC_SA_October 1,2019 Page 2 Commissioner Appointments Parks and Recreation Advisory Council Member Banch recommended the Council consider rejecting the reappointment of Commissioners who have already served two full terms as a way to encourage other residents to apply and serve the community and avoid bringing back the same people over and over again Mayor Foster disagreed and pointed out the two commissioners in question have served with great dedication and distinction and have a good attendance record He stated that in order to approve a commissioner to extend their service beyond two full terms,the Council is required to have a 4/5 vote On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council rejected the reappointment of Roy Cencirulo and Don Gifford to serve a third, four-year term on the Parks and Recreation Advisory Commission, and reappointed Maryn Wells and Earl Ryan Johnson to serve a second, four-year term on the Parks and Recreation Advisory Commission ending March 1,2023 Vote: 3 -2 Passed NAY Mayor Paul Foster Council Member Toni Momberger MOU Modification Redlands Police Community Foundation On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved s modification of the Memorandum of Understanding between the City and the Redlands Police Community Foundation dated 12/04/2018 to allow five specific dormant designated donations to be transferred to undesignated funds allocation with the Redlands Police Community Foundation Vote• 5 - 0 Passed Towing Services Agreement On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the Tow Services Agreement between the City of Redlands and Broncs Towing Inc and Bill and Wag's Inc Vote• 5 - 0 Passed Traffic Enforcement Grant On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the agreement with the Office of Traffic Safety concerning the distribution of a grant award totaling $70,000, appropriated the grant of$70,000 to the Redlands Police Department, authorized the Chief of Police to sign and execute any agreement concerning the grant, and approved an additional appropriation in the amount of$70,000 Vote 5 - 0 Passed Police Department K9 Unit Donation On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously accepted the donation of one outfitted 2020 Chevrolet Tahoe for the Redlands Police Department K9 Unit,valued at$55,624 08, from the Redlands Police Community Foundation, and authorized an additional appropriation in the amount of$3,020 for the portion that was not included in the FY 2019-20 budget CC_SA_October 1,2019 Page 3 Vote• 5 - 0 Passed California Fire Foundation Grant On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved a grant agreement to accept grant funds in the amount of$15,000 from the California Fire Foundation for the purchase of specialized fire equipment, and authorized an additional appropnation of the same to the Fire Depai(went Vote 5 - 0 Passed Cardiac Monitor/Defibnllator Purchase On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the purchase of one new cardiac monitor/defibrillator from Zoll Medical Corporation in the amount of$34,152 97 Vote 5 - 0 Passed Resolution No 8024 Delegating Investment Authonty On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8024 delegating Investment authority to the City Treasurer for a one-year period pursuant to Government Code Section 53607 Vote 5 - 0 Passed MUED Truck Purchases On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the purchase of three new 2020 Toyota Tacoma SR 4X2 Access Cab trucks from Toyota of Huntington Beach in the amount of$80,373 18 for the Municipal Utilities and Engineering Department Vote 5 - 0 Passed Resolution No 8028 Property Tax Revenue Exchange On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8028 relating to property tax revenues to be exchanged between the City of Redlands and the County of San Bernardino resulting from the jurisdictional change described in LAFCO No 3236(City of Redlands Annexation No 93)for the westerly 0 764-acre portion of the 1 73-acre property located at the northwest corner of West Lugonia Avenue and Tennessee Street in order to meet the deadline for this annexation Vote: 5 - 0 Passed COMMUNICATIONS CC_SA_October 1,2019 Page 4 Residential Batting Cages Development Standards Facilities and Community Services Director Boatman provided an update regarding the development of possible development standards for residential batting cages On September 3,2019,the City Council encouraged members of the public to bring their suggestions to staff As outlined in the staff report, concerned neighbors met and agreed on many of the recommendations,however,there were two pnmary areas of disagreement including,whether sports teams should be able to use batting cages for team practices and the permitted hours of use allowed on Sundays Council Member Tejeda requested the proposed hours of operation for Sunday be changed to 11 00 AM to 8 00 PM Council Members thanked the public and staff for their efforts and agreed to receive and file the report PUBLIC HEARINGS Ordinance No. 2881 Private Residential Recreation Courts Mayor Foster declared the public hearing open Development Services Director Desatnik provided background of Ordinance No 2881,proposing to update Ordinance No 2861 that implemented new regulations governing private residential recreation courts If adopted, Ordinance No 2881 would deem approved(or"grandfathered" from existing regulations)those courts that existed as of March 23,2018, and thereby avoid future legal or real estate uncertainty for the subject properties He clarified that if approved,Ordinance No 2881 would revise the definition of"Private Residential Recreation Court"to exclude batting cages and skate ramp type facilities on residential properties in residential districts As public comment,Robert Zipnck,the Applicant's representative,reiterated his position that without Ordinance No 2881,the result would cause legal uncertainty with all the pre-existing residential sport court properties,making the courts on these properties nonconforming uses He cautioned the ordinance was needed to avoid legal problems for all pre-existing sports courts Chris Sedmack, Carolynn Reed, Tyler Reed,Janet Ward and Ginger Reed all expressed opposition to the ordinance which would deem legal the sport court built at 1130 W Clifton Avenue, stating the court was constructed illegally,rewards non-compliance and sets a dangerous precedent They listed several other areas of concern including, setbacks, lighting,noise levels,illegal runoff into storm drain, a lack of safeguards protecting neighbors, and a loss of property values City Clerk Donaldson confirmed there was one written comment received related to batting cages and not specifically recreation courts as proposed in this ordinance Mayor Foster closed the public heanng, and he clarified the original sport court constructed at 1130 W Clifton Avenue was built in compliance with the City's Municipal Code Council Members were in agreement with Council Member Tejeda's request to change the hours listed in the ordinance for lighting standards He recommended no residential sport court should operate lighting any earlier than 10 00 a m and no later than 8 00 p m Director Desatnik explained the proposed amendment for fencing to be a minimum of ten feet from any side or rear property line,rather than twenty fee per the existing regulations was added to be consistent with the existing code for other types of fencing in rear yards Council Members discussed various aspects of the ordinance and provided their insights Council Member Basch voiced his opposition since the ordinance would deem approve the court built at 1130 W Clifton, and he complained the owner was aware of multiple code violations On motion of Council Member Toni Momberger, seconded by Mayor Pro Tempore Denise Davis,the City Council approved the introduction of Ordinance No 2881 amending Chapters 18 08, 18 28, 18 29, 18 32, 18 36, 18 40, 18 44, 18 48, 18 52, 18 56, 18 60 and 18 156 of the Redlands Municipal Code, entitled "Private Residential Sports and Recreation Courts",to deem as approved private residential recreation courts in their existing configuration and placement as of March 23, 2018 Hours of operation of sport court lighting shall be no earlier than 10 00 a m and no later than 8 00 p m Vote 4- 1 Passed CC_SA_October 1,2019 Page 5 NAY Council Member Paul Banch NEW BUSINESS Development Impact Fees Deferred Intenm Municipal Utilities and Engineering Director Boatman explained the request by Diversified Pacific Development Group,LLC to extend the deferral of payment of development impact fees regarding four residential tracts Judson Ranch(Tract Nos 16627 and 16465),Redlands Pioneer(Tract No 18979), and Redlands Pennsylvania(Tract No 19975)until November 5, 2019,related to Parks and Open Space, Transportation Improvements, and Storm Drain Facilities associated with Tract Map Nos 18979 and 19975 Council Member Momberger preferred the City follow the regular procedures and was opposed to deferring the payment Mayor Foster reminded everyone the deferral request was only for thirty days On motion of Council Member Paul Banch, seconded by Mayor Pro Tempore Denise Davis,the City Council determined that the project is exempt from further environmental review pursuant to Section 15061(b)(3)of the state's guidelines implementing the California Environmental Quality Act, and approved the request by Diversified Pacific Development Group,LLC to extend the deferral of payment of development impact fees until November 5,2019 related to Tract Map Nos 18979 and 19975 Vote: 3 -2 Passed NAY Council Member Eddie Tejeda Council Member Toni Momberger Fee Waiver Hometown Heroes Veterans Parade Event 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 Facilities and Community Services Director Boatman introduced a request from the Hometown Heroes Foundation for a fee waiver and a request to serve and consume alcohol during the Hometown Heroes Veterans Parade event to be held on November 11,2019 As public comment,past chairman of the Veterans Parade Committee Mike Warren,thanked the Council for their continued support and invited everyone to attend this great event hononng our veterans On motion of Council Member Eddie Tejeda,seconded by Council Member Paul Banch,the City Council determined that the project is categorically exempt from environmental review pursuant to Section 15311(c)of the state's guidelines implementing the California Environmental Quality Act, authonzed the expenditure of City resources and a waiver of fees in the amount of$7,828 50 related to the Hometown Heroes Veterans Parade event to be held on November 11,2019, and authorized the sale and consumption of alcoholic beverages at the event Vote 3 - 0 Passed Other Mayor Paul Foster(RECUSE) Council Member Toni Momberger(RECUSE) COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES CC_SA_October 1,2019 Page 6 Council Member Teieda attended the Northside Impact Committee's annual recognition and awards event honoring several recipients including the fallen crossing guard,Leonard Gilberto Ortiz Council Member Momberger participated in the Santa Ana River Trail Policy Board meeting,the League of California Cities dinner event addressing pensions, and she attended orientation for her recent appointment to the Energy and Environment Committee of Southern California Association of Governments Mayor Pro Tern Davis attended the Traffic and Parking Commission meeting on September 26 and was honored to present a proclamation to the Boys and Girls Club for the'Day for Kids' event She represented the City at the Inter-Agency Complete Count meeting in Riverside related to the upcoming census and met with the federal Census Bureau representative and City staff later that day Council Member Barich also attended the Northside Impact Committee recognition event and invited everyone to join in the annual Walk for the Cure event on October 6,2019 Mayor Foster was disappointed he was unable to attend the Northside Impact Committee award and recognition event,but he was out of town at the time ADJOURNMENT There being no further action required the meeting adjourned at 8 12 P M The next regular meeting of the City of Redlands City Council will be held on October 15,2019 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 Resolution No 490 Delegating Investment Authority On motion of Board Member Tejeda, seconded by Vice Chairperson Davis,the Board unanimously approved Resolution No 490, delegating investment authority to the City Treasurer for a one-year period pursuant to Government Code Section 53607 Vote 5 -0 Passed Minutes On motion of Board Member Barich, seconded by Board Member Tejeda,the minutes of the regular meeting on September 3,2019 were unanimously approved Vote 5 -0 Passed ADJOURNMENT There being no further business,the Successor Agency to the Redevelopment Agency adjourned at 8 14 P M The next regular meeting of the Agency will be held on November 5, 2019 CC_SA_October 1,2019 Page 7 CC_SA_October 1,2019 Page 8