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MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, Civic Center, 35 Cajon Street, on January 20, 2009, at
3:00 P.M,
PRESENT .Ton Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Jerry Bean, Councilmember
ABSENT Pete Aguilar, Councilmember
(Attended the Presidential Inauguration in Washington, D.C.)
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Jiro Bueermann, Police Chief, David Hexem, Chief ti
Information Officer; Daniel Hobbs, Redevelopment Agency Director; Rosemary o�
Hoerning, Municipal Utilities and Engineering Director; Tina Kundig, Finance
Director/City Treasurer; Scott MacDonald, Fire Battalion Chief, Oscar W. Orci, t
Community Development Director; Deborah Scott-Leistra, Htrman .Resources
Director; Gary van Dorst, Quality of Life Director
The meeting was opened with an invocation by Mayor Harrison followed by the
pledge of allegiance to the American flag.
PRESENTATIONS
Pet Adoptions - Animal Control Officer Bill Miller and Assistant City Attorney
Michael Reiter introduced Jet, a seven month old black domestic short-hair cat
who is available for adoption at the Redlands Animal Shelter. Mr. Reiter
announced the shelter has received donations in the amount $15,609.00 for their
spay/neuter program.
CONSENT CALENDAR
Minutes - On motion of Councilmember- Gilbreath, seconded by
Councilmember Gallagher, the City Council approved the minutes of the regular
meeting of January 6, 2009, and the special meeting of January 7, 2009, as
submitted, by AYE votes of all present.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, payment of salaries and bills was acknowledged.
Settlement Atreement - Gill - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council acknowledged, by
AYE votes of all present, a Settlement and Release Agreement with Deborah J.
and Gerald L. Gill for an accident, casualty or event which occurred on or about
November 26, 2008, at or near 420 South Center Street. The City Council
authorized settlement of this lawsuit/claim and this agreement reflects the
Council's terms and conditions for settlement. ��
Proclamation - Martin Luther King, Jr. Day - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council authorized,
by AYE votes of all present, issuance of a proclamation declaring January 19,
2009, as Alartin Luthei-King Jr. Day.
Temporary Entry Permit - California Department of Water Resources - On
motion of Councilrnember Gilbreath, seconded by Councilmember Gallagher,
the City Council approved, by AYE votes of all present, a one-year extension
for a temporary entry permit with the State of California Department of Water
Resources for the purpose of conducting ground and aerial surveys, engineering,
biological, geological, archaeological, flora and faunal studies, installation of
appurtenances, and for such other incidental purposes as may be required on
Assessor's Parcel Nos. 0168-351-05 and 0297-111-07 in conjunction with the
State Project Water Project to the Mentone, Yucaipa and Beaumont areas.
January 20,2009
013
OSC 08-51 - Tom's Burgers, Applicant - On motion of Councilmember
Gilbreath, seconded by COLIFIC11mernber Gallagher, the City Council determined
that Outside City Case (OSC) 08-51, Assessor's Parcel No. 298-094-21, Is
consistent with the City of Redlands General Plan, and that the public health,
safety, and welfare, and the best interests of the citizens of Redlands, are served
by the City's continued processing of the application, by AYE votes of all
present
SBVMWD and SBVWCD Consolidation - On behalf of the San Bernardino
Valley Water Conservation District, Richard Corneille expressed appreciation to
the City staff for their recommendation to reverse then- standing to "neutral" in
regards to the proposed consolidation of the San Bernardino Valley Municipal
Water District and San Bernardino Valley Water Conservation District.
Councilmember Gilbreath moved to authorize staff to represent the City
pertaining to the LAFCO proceedings regarding the potential consolidation of'
the San Bernardino Valley Municipal Water District and San Bernardino Valley
Water Conservation District Valley Municipal Water District and San
Bernardino Valley Water Conservation District and remain neutral as to a
potential LAFCO determination. Motion seconded by COLUIC11racniber
Gallagher and carried by AYE votes of all present.
Local Emenyency Rel,,)orts - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council acknowledged receipt of the
reports regarding the status of the declared local emergencies at the Safety Hall
(Resolution Nos. 6778 and 6803).
COMMUNICATIONS
Meeting, Attendance - In compliance with Government Code Sections 53232.2
and 53232.3, Mayor Pro Tem Gilbreath reported on her attendance at the League
of' California Cities' Board rneetim, earlier this month. Mayor Pro Tern
Gilbreath announced she has been appointed to the League of California Cities
policy committee for transportation and will be attending meetings ul
Sacramento.
NEW BUSINESS
Resolution No. 6497 - NarninL), of Public Facilities - Quality of Life Director
van Dorst reported the City currently has no policy for the naming of City
facilities, and in the absence of such a policy, the City is unable to formally
name new facilities. This condition can lead to confusion in communications to
the general public and presents a dilemma to staff or others with respect to
cartography. The City Council authorized the formation of a committee to assist
in drafting a policy for considering names for City facilities. The Parks
Commission reviewed the committee's draft of the policy and provided input
that was incorporated into the proposed resolution. The Parks Commission
recommended adoption of a policy due to the need to name existing and future
park
11 ernber Gilbreath expressed concern regarding the
facilities. Councilili
I I -son's name for a park in
three-year death requirement prior to designating a person
certain circumstances, building or other public facility and moved to adopt
Resolution No. 6497, a resolution of the City Council of the City of Redlands
establishing procedures for the naming of City parks, buildings, streets and other
public facilities with a modification to allow more flexibility in relation to her
concern. Motion seconded by Councilmember Gallagher and carried by AYE
votes of all present.
PFJ
Fee Waiver - Lincoln Pil-riij2AM - On behalf of the Boy Scouts of America,
Don Buchanan urged the City Council to approve then- annual request to]-
waiver of fees for the annual Lincoln Pilgrimage program scheduled to be held
on February 7, 2009. Tina Caldwell, Dave Ahler, Kristin SaLikel and Dr. Harold
Hill were also present supporting this request. Councilmember Gilbreath
his
Jainjary 20, 2009
014
moved to approve the request of the Boy Scouts of America for a waiver of fees
for use of Smiley Park, the Redlands Bowl, use of City streets, barricades and
Public Safety (Police) services for the annual Lincoln Pilgrimage program to be
held on February 7, 2009. Motion seconded by COUncilmernber Gallagher and
carried by AYE votes of all present. Councilmernber Gilbreath moved that the
fees for Mission Gables restroonis and Park Attendant not be waived and to
require all Certificates of Insurance be submitted prior to the event. Motion
seconded by Councilmember Gallagher and carried by AYE votes of all present.
Councilmember Gilbreath moved that the clean-up deposit for Smiley Park and
the Redlands Bowl in the amount of$750.00 be waived with the caveat that the
Boy Scouts of America be responsible for reimbursing the City for any clean-up
costs related to the usage of these facilities. Motion seconded by
Councilmember Gallagher and carried by AYE votes of all present.
Redlands Foothill Groves - Voting Desir� - Councilmember Gilbreath moved
to authorize the Quality of Life Director or his designee to be a voting member
at the annual cooperative members' meeting for the Redlands Foothill Groves
Board of Directors meeting to be held on January 30, 2009. Motion seconded
by Councilmember Gallagher and carried by AYE votes of all present.
Appointment - Library Board of Trustees - Mayor Harrison moved to reappoint
Rosa Gomez and Martin Davis to the Library Board of Trustees to serve another
three-year term ending January 1, 2012. Motion seconded by Councilmember
Gilbreath and carried by AYE votes of all present.
Appointment - Planning Commission - Mayor Harrison moved to reappoint
Gary Miller to serve another four-year term ending January 6, 2013, on the
Planning Commission. Motion seconded by Councilmember Gilbreath and
carried by AYE votes of all present.
Auto Dealers - Economic Relief Proposal - Redevelopment and Economic
Development Director Hobbs explained a meeting was held at the request of the
local auto dealers on December 17, 2008. Attending were City Manager
Martinez, City Attorney McHugh, Redevelopment and Economic Development
Director Hobbs and six representatives from the new car Redlands auto dealers.
Project Manager Frank Rocha reviewed the proposal presented by the auto
dealers and the subsequent recommendations from staff. At this point, citing a
potential conflict of interest, Councilmember Bean retired from the Council
Chambers and did not participate in this matter; a Public Disclosure of Potential
Conflict of Interest tbriii is on file in the City Clerk's Office. Councilmember
Gilbreath expressed concern about taking any action today with Councilmember
Aguilar being absent. She noted she would not support this proposal as she has
always felt businesses need to stand on their own. Councilmember Gallagher
questioned why Redlands' business license tax is higher than San Bernardino as
implied by the auto dealers. Representing the auto dealers, Paul Smith urged the
City Council to approve the staff recommendation. He expressed concern that
the business license tax is due on January 31 and the next meeting of the City
Council is scheduled after the due date. Finance D1rector/City Treasurer Kun dig
noted late fees are not charged until March 1. Councilmember Harrison asked
for further information especially sales tax revenues from new car dealers.
Councilmember Gilbreath moved to continue this matter until February 3, 2009.
Motion seconded by Councilmember Gallagher and carried with
Councilmember Bean having abstained and Councilmember Aguilar having
been absent.
January 20, 2009
015
CLOSED SESSION
The City Council meeting recessed at 3:46 P.M. to a closed session to discuss
the following:
1. Conference with legal Counsel: Anticipated litigation - Government Code
§54956.9(b)(1)(B)
a. Three cases
- Facts and circumstances: Claim of Rocky Comfort Mutual Water
Company
- Facts and circumstances: Claim of Farmers Insurance
- Facts and circumstances: Claim of Stacy Knox
I Conference with real property negotiator- Government Code §54956.8
Property: APN 0282-071-48
Negotiating parties: N. Enrique Martinez, Oscar Orel and Prologis
"s
Under negotiation: Terms and price
3. Conference with labor negotiators - Government Code Section 54957.6
Agency Negotiators: N. Enrique Martinez and Debbie Scott-Leistra
Employee Organizations: Redlands Association of Fire Management
Employees; Redlands Association of Safety
Management Employees; Redlands Police
Officers Association; Redlands Professional
Firefighters Association
4. Public Employee Performance Evaluation -Government Code Section 54957
a. Title: City Manager
The meeting reconvened at 7:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tern
Mick Gallagher, Councilmember
Jerry Bean, Councilmember
ABSENT Pete Aguilar, Councilinember
(Attended the Presidential Inauguration in Washington, D.C.)
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Lourie
Poyzer, City Clerk; Teresa Ballinger, Assistant City Clerk; Jim BUeerniann,
Police Chief-, David Hexern, Chief Information Officer; Daniel Hobbs,
Redevelopment Agency Director; Rosemary Hoerning, Municipal Utilities and
Engineering Director- Tina KUndig, Finance Director/City Treasurer; Scott
MacDonald, Fire Battalion Chief, Oscar W. Orci, Community Development
Director; Deborah Scott-Leistra, Human Resources Director; Gary van Dorst,
Quality of Life Director
CLOSED SESSION REPORT
There was no reportable action taken during the closed session.
ANNOUNCEMENTS/REPORTS
Mayor Pro Tern Gilbreath reported on her recent attendance at a SANBAG
meeting and at the SCAG state budget committee. Councilmember Gallagher
reported on his attendance at a recent Ornnitrans meeting. Mayor Harrison
attended a regional forum sponsored by Congressman Baca regarding the federal
StIMUIUS package. The Climate Action Task Force held its organizational
meeting and will meet again on January 28, 2009, and on the second Wednesday
in February.
mg
January 20, 2009
016
PUBLIC HEARINGS
Resolution No. 6807 - Fees and Charges - Public hearing was advertised for this
time and place to consider Resolution No. 6807, a resolution of the City Council
of the City of Redlands amending specific fees and charges to recover costs
reasonably borne and rescinding Resolution No. 6802. Mayor Harrison declared
the meeting open as a public hearing. Finance Director/City Treasurer KLindig
reviewed the updated fee schedule to include a CPI increase of I percent. She
reviewed certain fees that were not increased. Mayor Harrison called for public
comments. There being no verbal or written comments, the public hearing was
declared closed. Counci lin ember Gilbreath moved to adopt Resolution No.
6807. Motion seconded by Councilinember Gallagher and carried by AYE
votes of all present.
Water and Sewer Rates - Public hearing was noticed in accordance Proposition
218 for this time and place to consider Ordinance No. 2712, an ordinance of the
City of Redlands amending Chapters 3.52 and 3.53 of the Redlands Municipal
Code relating to rates and charges for water service, and Ordinance No. 2713, an
ordinance of the City of Redlands amending Chapter 3.62 of the Redlands
Municipal Code relating to rates and charges for wastewater services. Mayor
Harrison declared the meeting open as a public hearing. Municipal Utilities and
Engineering Director Hoerriing reviewed the proposed ordinance and offered to
have Steve Stockton, Chairman of the Utilities Advisory Committee, review the
presentation made at the November 18, 2008, City Council meeting. Also
available for questions was Water Resources Manager Chris Diggs. Mayor
Harrison called for a public comments. John Garman, James Meyer, Mary
Krusak and Mario Saucedo asked the City Council to consider the economic
crisis residents are facing at this time noting this was not a good time for an
increase. Richard Corneille supported the increases. City Clerk Poyzer reported
written protests were received as follows: 183 protesting the increase in the
water and sewer rates, 48 protesting the increase in the water rates only, and one
qualified protest for the non-potable water rate change; a majority protest was
not received. The public hearing was declared closed. Councilmember
Gallagher asked the IT Department to look into the feasibility kind cost to
provide residents with a monthly bill.
Ordinance No. 2712 - Water Rates - Ordinance No. 2712 was read by title
only by City Clerk Poyzer, and on motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, further reading of the ordinance text
was waived by AYE votes of all present. Ordinance No. 2712 was
introduced, by AYE votes of all present, and laid over under the rules with
adoption scheduled for February 3, 2009, on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Ordinance No. 2713 - Sewer Rates - Ordinance No. 2713 was read by title
only by City Clerk Poyzer, and on motion of Councilmember Gilbreath,
seconded by COLUICilineiriber Gallagher, further reading of the ordinance text
was waived. Ordinance No. 2713 was introduced, by AYE votes of all
present, and laid over under the rules with adoption scheduled for
February 3, 2009, on motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher.
LAND USE AND PUBLIC HEARING
Ebbe Videriksen, Applicant - Public notice was advertised for this time and
place to consider a Draft Mitigated Negative Declaration for Amendment No. 4
to Specific Plan No. 43 for a development plan to subdivide 44.35 acres into
twenty-seven (27) single family residential lots and seven (7) lettered, open
space lots located on the east side of Alessandro Road in Neighborhood 2 of
Specific Plan No. 43; Variance No. 755 from Section IV(A)(6) of Specific Plan
No. 43 to allow a reduction in the required 150-foot minimum lot depth for
Lots 4 through 7 within a Planned Residential Development consisting of the
subdivision on 44.35 acres into twenty-seven (27) single family residential lots
Jantiary 20,2009
017
and seven (7) lettered, open space lots located on the cast side of Alessandro
Road in Neighborhood 2 of Specific Plan No. 43; Conditional Use Permit 941
for a Planned Residential Development to subdivide 44.35 acres into twenty-
seven (27) single family residential lots and seven (7) lettered, open space lots
located on the east side of Alessandro Road in Neighborhood 2 of Specific Plan
No. 43; and Tentative Tract Map No. 18560 to subdivide 44.35 acres into
twenty-seven (27) single family residential lots and seven (7) lettered, open
space lots located on the cast side of Alessandro Road in Neighborhood 2 of
Specific Plan No. 43; hold a public hearing to consider approval of a Socio-
Economic Analysis and Cost/Benefit Study for this project; and hold public
hearings to consider approval of Amendment No. 4 to Specific Plan No. 43;
Variance No. 755; Condition,)! Use Permit No. 941, and Tentative Tract Map
No. 18560. Mayor Harrison declared the meeting open as a public hearing.
Community Development Director Orci requested additional time to review and
,s"s
complete the City Council transmittal-ansnuttal for this project as several changes were ii
required by the Planning Commission which necessitated revisions to the
iI
project's plans and exhibits. The continuance will provide the time needed for
the applicant to submit copies of the revised plans and for staff to review and
complete the staff report. Mayor Harrison called for public comments. There
being no verbal or written comments, the public hearing was declared closed.
C01,111CIlmember Gilbreath moved to continue the hearing on the Mitigated
Negative Declaration and the public hearings on Specific Plan No. 43
(Amendment No. 4), Variance No. 755, Conditional Use Permit No. 941,
Tentative Tract No. 18560 and the associated Socio-Economic Cost/Benefit
Study to the February 3, 2009, City Council meeting, Motion seconded by
Councilmember Gallagher and carried by AYE votes of all present.
PUBLIC COMMENTS
None forthcoming,
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:38 P.M. The next regular meeting will be held on February 3, 2009.
Mayor of th 'City of Red -an s
Attest:
City
January 20. 2009