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HomeMy WebLinkAbout2019_11_05 - 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 November 5, 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 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 Public Employee Appointment-Government Code §54957 (Mayor Foster and Mayor Pro Tern Davis) a Title City Manager Conference with legal counsel Existing Litigation Government Code §54956 9(d)(1) (City Attorney Dan McHugh) Six cases a Lyndon K Grove and Sue Grove v City of Redlands, et al , San Bernardino Superior Court Case No CIVDS 1609728 b Nermine Ibrahim and George Ibrahim v City of Redlands,et al, San Bernardino County Supenor Court Case No CIVDS1714846 c Ronc Thomas v City of Redlands, et al ,United States Central District Court Case No 5 19-cv-1823 d Ronc Thomas v City of Redlands, et al , San Bernardino Superior Court Case No CIVDS 1930842 e Citizens for Consistent Land Use Planning v City of Redlands, et al, San Bernardino County Superior Court Case No CIVDS1929689 f Appeal request from Flatnon West,Inc related to Administration Citation Nos 19-0730-1-1 and 19-09-09-11 44 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 CC_SANovember 5,2019 Page 1 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 Khns Boatman Negotiating Parties Ponn and Janet Grenda Under Negotiation fterms of payment and price for proposed purchase of City property Conference with real property negotiators -Government Code §54956 8 (Facilities and Community Services Director Boatman) [roperty rAPN 0175-142-09-0000 Agency Negotiator IKhns Boatman Negotiating Party rRajan Arora of Kern County Group,LLC [Under Negotiation terms of payment and price for possible purchase of property by City RECONVENE CITY COUNCIL MEETING The meeting reconvened at 6 11 P M with an invocation by Council Member Momberger followed by the pledge of allegiance to the Amencan flag City Manager Employment Agreement Agenda Item L-8 was moved to the beginning of open session and Mayor Foster announced the City Council unanimously agreed to appoint Charles S Duggan Jr to the position of City Manager, effective January 13,2020 He read from a press release and descnbed Mr Duggan's background and qualifications, listing his many accomplishments The Council looks forward to working with him On motion of Mayor Paul Foster, seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved the Employment Agreement with Charles S Duggan Jr for the position of City Manager, effective January 13,2020 Vote 5 - 0 Passed PRESENTATIONS Redlands Pet Adoption—Animal Control Officer Kanssa Pena, introduced"Zoe", a four-year-old female pitbull,who is available for adoption,with thirty-five other dogs and fifty-six cats Ms Pena informed the Council sixteen dogs and twenty cats have been adopted since the last regular City Council meeting PUBLIC COMMENT Traffic Concerns -Dr Sam Ko described three recent traffic accidents occurring on Ohio Street, and he requested the City install stop signs or add speed bumps to prevent speeding to address what he considers to be dangerous traffic conditions Olio-Dennis Bell questioned why the City waited so long to address the Live Oak Canyon erosion problem,pointed out Ommtrans is carrying a large budget deficit,with continued low ridership, and he doubted there would be support from residents for a future tax measure targeting the City's needs He suggested the now vacant La-Z-Boy facility should be used as a future safety hall Beverley's Pond-Mason Emhorn urged the Council to address the concerns with Beverley's Pond in the CC_SANovember 5,2019 Page 2 San Timoteo Nature Preserve, and he urged Council to act collaboratively and restore water to the pond Third District Supervisor Rowe- Scott Ward,Field Representative for Third District Supervisor Dawn Rowe, announced he was available to speak with the public and commended the City for posting the 2019 holiday schedule early CONSENT CALENDAR Minutes On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously approved the minutes of the regular meeting of October 15, 2019, and special meeting minutes of October 26, 27, and 29,2019 Vote. 5 - 0 Passed Commissioner Appointment On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously appointed Douglas Gonzales and Adam Hebden to serve the remainder of the unexpired terms on the Parks and Recreation Advisory Commission ending March 1,2023 Vote. 5 - 0 Passed Proclamation State's Climate Goals On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously approved a Proclamation in support of balanced energy solutions,providing local decision-making authority and resources needed to achieve the state's climate goals Vote. 5 - 0 Passed Ordinance No 2899 On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously adopted Ordinance No 2899 amending Chapters 2 24,2 62, and 15 44 of the Redlands Municipal Code relating to the maintenance and repair of designated historic resources and the demolition of historic buildings and structures Vote: 5 - 0 Passed License Agreement Automated License Plate Recognition On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously approved a license agreement with the County of San Bernardino to install Automated License Plate Recognition(ALPR) cameras on County traffic signal poles surrounding Mountain Grove and Citrus Plaza Vote. 5 - 0 Passed Police Department's Computer Aided Dispatch/Records Management System Payment On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda,the City Council unanimously approved an annual maintenance payment to Spillman Technologies,Inc in the amount of $88,830 58 for the Redlands Police Department's Computer Aided Dispatch/Records Management System CC_SANovember 5,2019 Page 3 Vote 5 - 0 Passed Technical and Operational Services Amendment On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council unanimously approved an amendment to Independent Contractor Agreement with Consolidated Fire Agencies Joint Power Authority for Technical and Operational Services Vote 5 - 0 Passed Resolution No 8011 Street Vacation Due to ownership of property within 500 feet of the proposed development,Mayor Pro Tempore Davis recused herself from this item Development Services Director Desatnik summarized the Applicant's request to vacate seven feet of excess Orange Avenue nght of way on both the north and south sides of the street On motion of Council Member Eddie Tejeda,seconded by Council Member Toni Momberger,the City Council unanimously approved Resolution No 8011 declaring the City Council's intention to vacate a 1,236-foot long strip of excess public right-of-way, along the north side of Orange Avenue between Alabama Street and Iowa Street(adjacent to APNs 0292-167-12-0000, 0292-167-25-0000 and 0292-167-18-0000), and to vacate a 618-foot long strip of excess right-of-way the south side of Orange Avenue west of Alabama Street(adjacent to APNs 0292-168-22-0000, 0292-168-16-0000 and 0292-168-03-0000) Vote 4- 0 Passed Other Mayor Pro Tempore Denise Davis(RECUSE) Resolution No 8033 Traffic Regulations On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council unanimously approved Resolution No 8033 eliminating a no parking zone located at Pennsylvania Avenue east of Judson Street, and determine that the resolution is exempt from environmental review pursuant to Section 15061(b)(3)of the state's guidelines implementing the California Environmental Quality Act Vote• 5 - 0 Passed Inland Solar Challenge Participation On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council unanimously approved participation in the 2020 Inland Solar Challenge to promote water conservation Vote• 5 - 0 Passed CFD Annual Levy Administration and Annexation Services On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council unanimously approved a contract amendment with Webb Municipal Finance,LLC to change the name of the City's representative and to extend the term of the agreement for 3 years to allow for the continued performance of professional services for the annual levy administration and annexations for Community Facilities District No 2004-1 and determination that this contract amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act CC_SANovember 5,2019 Page 4 Vote• 5 - 0 Passed Joint Defense/Common Interest and Confidentiality Agreement On motion of Council Member Paul Banch, seconded by Council Member Eddie Tejeda,the City Council unanimously approved a Joint Defense/Common Interest and Confidentiality Agreement with Daniel J Buoye Vote• 5 - 0 Passed COMMUNICATIONS 2019 League of California Cities Conference Report Mayor Pro Tempore Davis attended the League of California Cities Annual Conference and Expo held October 16-18,2019 in Long Beach She presented a brief report highlighting some session topics to include,housing and land use, social media,wildfires what to expect and how to prepare, innovative solutions for filling the future workforce, "Mappmg Black California", sustamability and climate resiliency,ballot measure training,homelessness and best practices for achieving an accurate 2020 Census PUBLIC HEARINGS Histonc Resource Designation Mayor Foster declared the meeting open as a public hearing and called upon Development Services Director Desatmk for details on an application from Christine Hoar, of Redlands Conservancy, for Cole A Henry and Gabriela Mia Roque-River, seeking designation for the property located at 301 West Lugonia Avenue as a Historic Resource The house was constructed in 1927 as a"stone building", a sub-theme of the Arts and Crafts movement Cole Henry,the Applicant stated they intend to preserve the house, and he thanked the Council for their support Council Members Banch and Momberger appreciated the Applicant's efforts to maintain and preserve this beautiful historic asset With no further comments,Mayor Foster closed the public hearing On motion of Council Member Eddie Tejeda,seconded by Council Member Paul Banch,the City Council unanimously approved Resolution No 8042 (Historic Designation No 136)for the historic designation of a single-family dwelling located at 301 West Lugonia Avenue(APN 0167-241-13-0000), and determined this application is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act Vote. 5 - 0 Passed NEW BUSINESS Resolution No 7965 Personnel Rules and Regulations Assistant City Manager McConnell introduced Resolution No 7965, approving the City of Redlands Personnel Rules and Regulations,which establishes an equitable and uniform system for personnel administration She identified two main areas of modification including,nepotism and fraternization policy and the City's policy for travel and expense reimbursement She added staff did meet with all the bargaining unit representatives and each one signed off on the staff report Assistant Human Resource Director Tommi Ng indicated the proposed changes to the nepotism policy added clarification and removed certain language that outside Counsel determined was not appropriate If approved,the City would not be hiring relatives within the same department in the future CC_SANovember 5,2019 Page 5 Council Member Banch was concerned the City would eliminate good applicants from the candidate pool Council Member Momberger proposed a condition to the nepotism policy that if the City failed to recruit a competitive candidate within six months, and there was no direct supervisonal relationship between family members,the City could hire the candidate within that department Mayor Foster stated best practices throughout the state reflect the modifications to the nepotism policy, and he said the document has been reviewed a number of times over several months, On motion of Mayor Foster, seconded by Mayor Pro Tempore Davis,the motion failed due to lack of a majority with Council Members Bauch, Tejeda and Momberger voting NO Ms McConnell requested Council consider tabling the item for staff to further review the concerns and recommendation of Council Member Momberger Council Members agreed to table the item Resolution No 7938 Expense and Use of Public Resources Policy Update Management Services/Finance Director Garcia stated Resolution No 7938, an update to the Expense and Use of Public Resources Policy, is a policy tied to the personnel rules and regulations which was tabled by Council for further review Ms Garcia recommended Council take the same action for this item and Council Members agreed to table the item Resolution No 8026 Master Lease and Purchase Agreement Facilities and Community Services Director Boatman summarized Resolution No 8026, approving a Master Lease and Purchase Agreement for the lease and purchase of a 2019 Caterpillar Model 930M Wheel Loader and a Master Lease and Purchase Agreement for the lease and purchase of a 2019 Ford F-550 Telescoping/Articulating Aerial Vehicle to update the City's fleet These items are included in the current fiscal year's budget On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously determined that approval of the resolution approving a Master Lease and Purchasing Agreement with Caterpillar Financial Services Inc and approval of the Master Lease and Purchase Agreement with Altec Capital Services are exempt from environmental review pursuant to Section 15061 of the State's guidelines implementing the California Environmental Quality Act, approved Resolution No 8026 approving a Master Lease and Purchase Agreement with Caterpillar Financial Services Inc for the lease and purchase of a 2019 Caterpillar Model 930M Wheel Loader in the amount of$255,570 60, and a Master Lease and Purchase Agreement for the lease and purchase of a 2019 Ford F-550 Telescoping/Articulating Aerial Vehicle in the amount of$141,000 00 with Altec Capital Services Vote: 5 - 0 Passed Landscape Maintenance Agreement CFD No 2004-1 Facilities and Community Services Director Boatman explained the California Depailinent of Transportation requires a Landscape Maintenance Agreement for Community Facilities District No 2004-1,Annexation No 21 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 California Environmental Quality Act and approved a Landscape Maintenance Agreement with the California Department of Transportation for Community Facilities Distnct No 2004-1,Annexation No 21 Vote 5 - 0 Passed Contract Award 2019 CIP Sewer Pipeline Replacement Protect CC_SANovember 5,2019 Page 6 Intenm Municipal Utilities and Engineering Director Boatman reviewed the details of an award of contract for the 2019 CIP Sewer Pipeline Replacement Project,Project No 73422,to Tryco General Engineering On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously determined that the project is categorically exempt from environmental review under Section 15302 of the State's guidelines implementing the California Environmental Quality Act, approved the 2019 CIP Sewer Pipeline Replacement Project,Project No 73422 plans and specifications, and awarded a construction contract to Tryco General Engineenng in the amount of$884,928 Vote 5 - 0 Passed MUED Annual Purchase Orders Intenm Municipal Utilities and Engineering Director Boatman offered background of a sole source annual purchase order with Ferguson Waterworks for the purchase of Neptune water meters and products On motion of Council Member Toni Momberger, seconded by Council Member Eddie Tejeda,the City Council unanimously determined the action is exempt from environmental review in accordance with Section 15061(b)(3)and Section 15301 of the State's guidelines implementing the California Environmental Quality Act and authorized the issuance of the Municipal Utilities and Engineering Department's sole source annual purchase order with Ferguson Waterworks for the purchase of Neptune water meters and products in the amount of$273,897 11 Vote• 5 - 0 Passed Submission of Measure to Voters Mayor Foster provided background of a measure to be submitted to the voters of the City to amend voter approved land use initiatives Measures U,N, and Proposition R and summarized the process for Council to review the three staff sub-reports Resolution No 8043 Adopting Environmental Findings Development Services Director Desatnik provided a review of Council's request to prepare a ballot measure for the March 2020 election He outlined the underlying purpose of the proposed initiative is to remove the existing voter-approved development restrictions on the TVPA,which inhibit the implementation of transit-oriented development Key objectives include, encourage higher density residential development in the TVPA,promote sustainable urban growth,promote transit ridership by allowing more residential development to be located within walking and biking distances from transit facilities,promote enhanced sense of community, and encourage housing near jobs to increase opportunities in walkable environments If approved by a majority of the voters,the ballot initiative would permit the following,the City's 400 dwelling unit annual limitation would not be applicable within the TVPA, residential densities may be increased within the TVPA from 18 to 27 units per acre without the super majority vote of the Council and the necessity to make certain findings,the requirement for the maintenance of traffic levels of service "C" for all intersections would not apply within the TVPA,there would be no prohibition against the creation of new land use designations within the TVPA and socio-economic studies would not be required for development projects within the TVPA Mr Desatnik introduced Mark Teague, of Placeworks Inc ,who explained proper procedures for the SEIR were followed, allowing the appropriate time for agencies and the public to comment on the draft form He stated no specific development project entailing some type of physical effect on the environment was before the Council tonight The proposed ballot measure, a public policy initiative,reflects public policy that does not directly result in any physical change to the environment CC_SANovember 5,2019 Page 7 As public comment,David Cordiero, of the Southwest Regional Council of Carpenters,was against the measure, and he urged the Council to require developers to pay a fair wage Jacob Kleespires, also of the Southwest Regional Council of Carpenters opposed the item claiming that the City failed to notify the carpenters of the October 21,2019 City Planning Commission hearing and failed to adequately respond to the Carpenter Union's comments on the Draft SEIR, and they recommended the Final SEIR be revised and recirculated Joshua Hall listed several reasons for his opposition to the measure including,the threat to people's choice to select one mode of transportation over another,worry that high density housing areas will become slums and force property values down, and a negative impact to the character and charm of Redlands An audience member spoke of gentrification and his concerns that approval of the measure would increase traffic congestion,cause a rise in medieval diseases and an increase in rubbish Director Desatmk and Mr Teague responded to public comments and Council Member questions Mayor Pro Tempore Davis announced her support of the Carpenter's Union but expressed how the future of Redlands is really dependent on this measure Council Member Momberger and Mayor Foster echoed Mayor Pro Tempore's comments On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8043 adopting environmental findings pursuant to the California Environmental Quality Act, a statement of overriding considerations, and certifying the Final Subsequent Environmental Impact Report(SCH No 2016081041)for a Ballot Initiative regarding Voter-Approved Land Use initiatives Measure U,Measure N,and Proposition R in the City of Redlands Vote. 5 - 0 Passed Resolution No 8038 Ordering Ordinance Submission City Clerk Donaldson explained that on October 15,2019, Council authorized the consolidation of a Special Election with the Presidential Primary to be held in March 2020 and Resolution No 8038 provides for the full text of the measure and includes the specific form of the question as it will appear on the ballot for the voters to consider It authorizes the submission of the ordinance measure to the qualified voters of the City, directs the City Clerk to request the City Attorney prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure, and establishes the last day to receive primary arguments for or against the initiative ordinance as December 16, 2019 at 5 00 P M and the last day to receive rebuttal arguments as December 24,2019 at 5 00 P M in the City Clerk's office On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8038, ordering the submission of an ordinance to the qualified voters of the City of Redlands proposing to amend voter approved land use initiatives Measure U, Measure N, and Proposition R at the Presidential Primary Election to be held on March 3, 2020, as called by Resolution No 8023 Vote 5 - 0 Passed Resolution No 8039 Filing a Wntten Arguments City Clerk Donaldson introduced Resolution No 8039, identifying certain priories for filing written argument regarding a City measure, adding that Elections Code states members of the legislative body may submit an argument for or against a proposed ordinance,with Council authorization Council must determine which Council Member, if not all,will be authonzed to submit the argument Mayor Foster requested all the Council Members be authorized to file a wntten argument CC_SANovember 5,2019 Page 8 On motion of Council Member Eddie Tejeda,seconded by Mayor Pro Tempore Denise Davis,the City Council unanimously approved Resolution No 8039, authorizing all Council Members submit a written argument regarding the measure that will appear on the March 3, 2020 ballot Vote• 5 - 0 Passed COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES Council Member Barich announced he will attend the Historic and Scenic Preservation Commission meeting and the Cultural Arts meeting later this week, and he looks forward to participating in the Veterans Day Parade event on November 11,2019 Council Member Tejeda enjoyed the Dia de los Muertos celebration hosted by A K Smiley Public Library at Smiley Park on November 2 He thanked Library Director Don McCue and his staff for such a great event Mayor Pro Tern Davis attended the Citrograph 3 on 3 Citrus Madness Basketball Tournament,the Olive Avenue Dia de los Muertos at Olive Avenue Market,the announcement party for the Redlands Theatre Festival season,the Downtown Art Walk She was the keynote speaker for the annual Civics Day event and was honored to participate in the day's activities She attended the SBCTA Passenger Rail Open House,Art for Heaven's Sake and was a Table Host at the Equality California Quality Awards in Palm Springs Council Member Momberger participated in a webmar regarding housing detailing new state legislation effective January 1,2020 regarding housing and enjoyed the Chamber of Commerce Dog Jog benefiting the Redlands Animal Shelter ADJOURNMENT There being no further action required the meeting adjourned at 7 37 P M The next regular meeting of the City of Redlands City Council will be held on November 19,2019 SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY 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 COMMENTS None forthcoming Minutes On motion of Board Member Tejeda, seconded by Vice Chair Davis,the minutes of the regular meeting on October 1,2019 were unanimously approved Vote 5 -0 Passed ADJOURNMENT There being no further business,the Successor Agency to the Redevelopment Agency adjourned at 7 38 P M The next regular meeting of the Agency will be held on December 3, 2019 CC_SANovember 5,2019 Page 9