HomeMy WebLinkAbout011591_CCv0002.pdf MINUTES of a rcagular meating aflthca City Council of the City)of Midlands,hold iri thea
Council Chambers,212 Brooklside Awnue,on January IS, 1991,at 3:00
A.M.
NRESHNII Charles C. DleMinjyn,Mayer
Carole Hcaswick,Mayor Ptio Tem
William H. Cunningham, Counaihncamber
Swcn Lamson,Counc;ilmlembcaa
Doe Ann Milsan,Clounciilmornber
Mamas D. Wheaton,Cetyl Manager
Danical I McHugh, C;iiyl Attarnay
Lorriaa Noylzcn, Cetyl Clark
Stevcn Chun ch,Rled.ands Daily Facts
11arncala F;itzsimrraons,'Hhca Sur
A.E SHNT None
Weir Tf a meeting opencid with the observanca of a moment of silarace foil
rcaflieai ion cin the Middle East crisis ftillowad by the pledga of alla0anaa.
(Creraiiona Desert Storm fbr tha liberation of Kuwait acmzmenoad at 4:00
N.M.Flae;ifnc Stalydard Tlima oo January 16, 1991.)
Mayer DaMin yn aaknowlcidg l and reaogn�zed Judy Scott,Mayer ofltha
City of Higl land..
Minutas of tl a ragualr meeting oflllocembor 1.8, 1990, and the adjournad
ragul ar meet ings of Dleaembar 18, 1990,and Dleaermber 18, 1990,vera
appravad as submittcid.
Bills and salafies were ordered paid as appruvad by the Rinanee Curnmiltea.
NIJA NNING AND COMMUNITM UBVHLC PMENT
Nlanniare Comnnission Actions-January 8, 1991
Cra miction ofICour cilmernbara Bosw:icki sacooded by Courcilmembcar
Ilarason,the report ofIthe last Manning Commission meeting was
unanimously)acknowledged as recaeivad.
T'1 e raquasi to approve the concent oflallowing Casis Christina WIlowship to
acmply w:ilh maeting parking code requ�raments through iho use of"irrlicau
parking fags"as praveided for in Specific Plan 34 and to allow Rledlarads
Avenue to bo ul il:iaed fhr public parking was withdrawn frame i hca aftarda and
will ba rev:iewad by the Planning Clommissiora.
C rdinianrcici
CC MMUNICA TIONS
National Guard
Amor)l Councilmcnnber Larson moved to authorizes stafflto nogtiate and erxtension ofl
tha National Guard Armory)lease for thea building located on Texas Slraet,
south ofIColton Avorjuo and to include joint uses:in the[negotiations.Motion
smandad byl Clauncilme tuber Haswickl and carricid unanimously.
Subardi riation
A graemerits Cil)I Attornay McHugl explained that several requests from prapeirtyl owners
haves boon roce;ivod for the Clityl Manager to axeruta agraamenls on beihalf oft
tha C;ilyi tE at wou.d subcrd'nate existing Cil)I imptovemont lien agreaments
to turst deeds which those propertyl owners would give to lenders to secure
now financing. Accotding to tha C;ilyl Hngireer, a practices evolved some time
ago wharebyl the City Manager,on a case byl case basis,would emeawe
subordination agrcemercts to facilil ata a ptopertyl owner's attempt to scow e
financing. TI.a offtn~t of lha e[xacution of the subordingation agreement was to
givo a lessen priority to the City's lien agreement that tho trust decd securing
tha now loan being made to the proporrrtyl owner.A written polio oft the City
Council which autl;orizad the City Manager to oxecute subordination
agroemunts or set stada ids for their cixecution has not bacri located. It is logal
counsel's opinion that the[conservative approach of newer executing a
subordination agraemerit is the best practice for 6 a Idyl to follow.Howavar,
theme may be insWrices which ariisc from time to tinxi whence the Clityl could
m9le a dotermination that a pwperi y owner will suffer sign�fxiarit hatidship if
he[is unagle to suboidinale a lien agreement,and that thane is little-to-no-risks
that the CAM's lien will bo jeopar 'aed by tha execution of tha subordination
agroemerit. Coureilmembali Milson's motion, seconded by Counc:ilmlember
Baswicki,lo review requasts fl r subar 'nation agracrmeni s on a caso-by-ciasc
basis w:ilh approval by resolution of d a CIAM Council was continued when
Councilmomber Cunninghami wqixistod infl3rmat:ion on our cwnent
axposwe. Tl a motion to continue was made byl Clounciln~lomber Haswickl,
secandad bM Clouncilmomber Nfilson, and carried unanimously).
Matoriial Rlecovoy
Ilacilities Councilmcmber Beswick)moved to adopl Option A(Local Solid Wasle
Advisoty'1askl Form)(SWATR)Review and Continent-an application far
tho proposed facility must ba submitted to SWATR, and SWATR must
comment on the proposal and transm:il rho convents to iha applicant,the[
County)and to all cities}fbr sating oflMaterial Mlecovary Rac ilifies that
rocover less than fifteen praceni. Motion secondad byl Clounc ilme tuber
Hatison and carrkid unanimously.
Hrivatizal ion
Scirvi is Coundl number Beswicld moved to direct thea City Manager to takle all
ncacoessary steps to delermine the costs and imipacats of placing City openalions
under privale company jurisdid ion and to deport the riesults(if Ithe study to
thea City Council. Motion sucionded by Cour cilmembcm M:ilsan and carried
unanimously.
Bach Clouncilmiember shared information obta:iend from theail attendance at
variious mecatings including C mnitrans,G eneral Ulan Committee,OP cin Space
Commaitl ae, Parks Cominissican,Cif Iwal Acis Commission, League of
California Cities,Aiia Quality Ntmagetmani District,and Gang and Drug Task
Aoiace. I1 was announcaad the Smiley brctihens' statue will be unveiled in a
eenemany schedulcad fora thea twins'birthday,March 17.
JOINT PUBLIC HEARING
Rlesolution
Na. 41Y A jaint publico hearing was advertised fon this time avid place to considers the
proposed sale(if Iical proper y(205 West Stuart Avenuco,Assessors Ptancel
Number 169-281-33' to Parkwest Group, Inco.Notice of this hearing was
ppublishcd in the Rledlands Daily)Facts, a newspaper of gerieral circulation,
on Decembeni 28, l 990 and January 4, 1991.Mayon DcM:irj yn declared the
rrreeting open as a public hearing an the proposed sales of real property to the
Narldwest Group flrtr the purpose of redevelopment as a professional office
ccamplex and related public improvements wits in tl a Rkidlands
Rlcodeavelopmemot Project. Rkadevelopment D:ireactor McMenemy was available
for questions. John)Moore,Pla&West Group, Inc.,presented aWhitectur al
ncnderings of thein proposal. There being no fiorilheta comments,the public
hearing was deoclatoed closed. Cour cilrrlembeni Clunningham moved to
apprcavea Rlesoluiion No. 472f,a ncasolulion oflthe City Council of the City ctfl
Rlcod.lands approvaing tl ea Disposition and Developmeni Agreement bcotwecn
then Rlcodeovelctpme nt Agency of the City of Rledlands and the Parkwest C roup,
Inc. Motion secondol by Councilmiembor Beswick and carriied
unanimously. (Also scoe Rk develapment Agcrocyi Rkasoluiion No. 217.)
Council recessed at 4:30 IR.M.to a Rkdevelopmenot Agency)meeting and
reconvened at 4:45 P.M. to a closed scission flim the purpose of discussing
properi y disposition and pending litigation. In accordance with Stalte law, tf e
Cil 31 Attorney prepared a cornfrdenatial memo to Council providing
justification fbr the pend,ng litigalion passion oflthe closed session. Council
reconovened at 7:00 P.M. with a moment of silence in memiory of Maurice
Clapp who d cad this past week). Mr. Clapp was a Councilmember from April
1936 through April 1933 and served as Mayor for Iwo termas.
Mayon DaMirj yn acknowledged and recognized Boy Scout Troop 39 who
were proesernt to earn their Citizenship badges.
Barbmia.Wlormscsr introduced six women visiting from our Sisters City)Hino
C:iq Japan,who will be displaying their beautiful embraideryl work)at the
Hibraaryl. Embraidersed oriental poppies were prsesenstead to the Ma3jor and will
bei permanently on di splayt at the Joslyn Senior Cern ens. Mayers DeMirj yn
p-nasenled the visitors tela towels depicting Smiley Harld and City]seal pains.
HUBLICI HHARINGS
CUP 944
Mariancie 4(a Plublici hciaring was csortinuead to this times and placie to cionsiderr an appeal to
thea Alanning Comn-siss:icn decision regarding Conditional Uses Hermit No.
544,an applicalioni to permit the conversion oflthea first flloors oflthe residences
to offices,and Mariance No.462, an applications for a variancse from thea
properl y development standai ds of thea Red]ands Municipal Coda to permit
less than the isequired r umber of parldrag spaceas far propertM locsated at 454
Cajon Stw at. Staff recommended that this appeal and relatead items ba
clonllnuued to the Fkibruary 5, l 991 Council meeting. Thais was agreeaable to the
appellant's wprasernlative. Courcilmembeirs Beswic1d moved to caoratinuea this
public hearing as rescsonunendcd. Motions sexacndead byl Clouncsihrleamber
Hanson and caarrkd unanimously.
UNFINISI- M BUSINESS
Citrus Avenues
Sticat Improvcsments C7ns beshalf ofltha priopertM ow-ncass,NH. and Mrs. Buoya,Michael Atemacaio
eplained to Council that the agreement negotiated during the CIAM Council
nresetinag on Decsembar 18, 1990,. was misunderstood byl his calieanls. 'IIhes
confusion comets filom d a term"No flanking."NH.Muttear would prsovido for
thea parking lane ofleigl t feset and paint the curb recd. The Buoylas assurr cad
"No Parking"mieani thea elimination ofiho parking lame at this lima. Clityl
Hngineer Mors Muttosr explained the curreini traffics flow problems. Following
lesnsgthM discussion, Counc:ilrneambers Cunningham moved to dirsecst stafflto
redesign that parlion(iflCitrus Avenues adjacent to thea BuoMes' properly with
two Ianas 1113 and 14 fecst)and a curb line;to riecieive thea bid>report for thea
original prsojecst and infbrmat:ion on tl ea resdusign dost at thea Hebruaary 9, 15L11,
Council mieeling; and diaected that the site lincas bo reiviewed by staff and thea
Buoyles ftir visibility)at the intcirseetion.Motion socondead by;l Counciilmeamber
Milson and curried uranimousIR Mrs.Buoye apologised for the
misunderstanding during thea Iasi Council meeting.
C rdirianaes No. 2134
Sidewalk Maintanance
A memorandum praepared by1 Best,Best& Kriegm,dated Septcambers 13,
1990,mads raftirsencsei to California Sineeis and Highway)Coda and thea
Rlesdlands Municipal Clodo resgmdinig the duly ofprupcmlyl maindainead
sidevwallds. These codes ptiovided that it is the duly1 of the owner of any
properly fronting on a public street to maintain any)sidewalk)in a condil ion
that will not endanger pertisons or property). Tl a codes do not cleanly defines
legal Liability)if d a sidewaallds ane ret adequalelyl maintained.As a nesull,
former 0131 Manager John Mmes requested the City Attorney to prerpare the
appropriate ordinance clariifying that the owners of pial property)will be
liable to members of the publics. Hach member of the City Council ind'cated
concerns with the proposad ordinance. Courcilmlembati Beswrickl moved to
eorvlinue the matter for further refinemeni byl staff afilen consulting with a
eommitlee of two Cour,cil iembetis (19waen Larson and Carole Heswtick).
Motion sciconded by Council iembon Larson and curried with
Counoilmcrmbens I3eMirjyn and Clunrfngham voting NC as they)did not want
to takes any action.
Capital Improvement
Programs Councilmemrlben Clunningl am moved to adopt the Water,Wiastewtateti, and
Solid Wastes Capital Improvements Programs fbr fiscal ypan 1490-91 through
fiscal ypan 1994 AN. Motion seconded by Counc:ilmemben Heswtick and
curried uranimausly.
Election of Mayer A draft reso:lulion was prepared to illustrate the form oflthe two questions to
bei presented to the votcros oflthe City of RIadlands iflthe City Council cihoosas
to proposes tl at there be an elective MaWii:in Rled ands. Speakiti g:in
opposition were Bl. Clraig Wesson and on behalf of the Committee fon Rain
Rkiprosar talion Hleanor Hrosion and Michael Atencio. City Clerk Floyaer
explained the decisions that would have to be made priim to the next City
Council meeting in order to places this measure on the June 1991 ballot.
Bollowaing lenge by discussion,no action was tal&n on d is matter.
Council District
Bourdarias In accordance with Governemnent Code Suction 51301 and Califlirnia
Bled ions Code Section 351.03,the City Cour oil shall ne-axamine the
boundaries of its councilmanic districts afllen oun unit population estimales are
obtained following an annexation. Clouncilmlembems selected one citizen and
on alternate from each d'striict to serve on a committee to review the
boundariios and ur animously agreed to recommend changes as depicted on a
map presented at this meeting. On behalflof d e Committee fon Flair
Rkrpresemaion Ed Floras and Michael Atencio atigued.that these requirements
cited bM d o Cityl Atilarney(I'd riot apply until 1993 fbllowing the clecdion oft
five councilmembems from th e five districts. Bill Hmmemson,memben oflthe
ad hoc Yiedistriicting committee,took)excerption to these comments and
necommanded approval oflthe commitilee's recommendation. Council
expressed its appieciat.ion to the members of the committee(Marty Davis,
Brill Hmerson, Ed McCormick, aohd Mome,and Donald ShaAW fon their
offrtrl s. Councilmember Beswick)moved to accelp tl a committee's deport.
Motion sciconded by Counc:ilmlemberi Larson anus waas unanimously
appruvcd.
Of eiriation Desert
Storm As thea ciluckl appraaiched 9:00 P.M.,the United Nations' deadlinci foci Iraqi
d'ataloii Saddam Hussein's wiilhdrawal frurni Rluwait, Council racmissed ftm a
mramient of reif lecil ive silencia fbr our Plresident and uur troops in thea Ilerisian
Gulf.
NBW BUSINBSS
Crossing Guaaid Counailmcanber DciMiriyn moved to authorizes a new Crossing Guard
position on Palo Alto Drive to serve Mariposa School.Motion seconclud by
Counoilmcanber Beswicld and ciarried unanimuuslya
Counuil authoriaad a joint mueling with tha Ilublici Works Commission to
d'sauss tha Development Impacit Fkici program.Allhoue a gime and dale was
agrued upon, tf a maeling was ciancelled the followaing day aril will be
rasahWuled.
Counailmermber Beswicld left tha Chambcois at 9:03 P.M.
Rlesolution No.4134
AE 939 Coun(Ornmtmber Cunningharn movcd to adopt Rlesulution Na. 4734,a
rasolulion oflthe City of Redlands adapting Source Rledwilion and Recycling
Blemcints(as rcquired by A ssembly B:i11939; goals and objectives.Motion
seu(irided by Clounciilmcimber Milson and curried by AYB votes of all
present.
Crdinanuiei No. 2143
Wastes Rlegulations Crdinancie No. 2145, and ordinance oflhe CAM oflRedlands amcnding
Chapien 13.52,Pncitreatmeni and Rlegulation oflWastes, (if Itha City of
Rkidlands Municipal Cludci and rescinding Cruiinanuci No. 2072,was read by
titles only by City Clerkl Ployzcm,anus on motion of Councilmemben Ilarson,
sec andad by Clounciilmeanber Cunr ingham,furtrlcui wading oflthe ordinance
tcmt was waived. Crdinanuci No. 2145 waas iniroducied and laid over under the
rd cis with sciciond reading scheduled fbr llabruuryl;l, 1991,on motion of
Counuilmanber Larson, seconded by Counailmornber Cunninghami,by the
following vote
AYBS: Councilmembmirs Cunningham, Hanson,Milson;Mayor
DciMirjyn
NC BS: Nonmi
AE SBNII: Counailmemberr Boswaicik
'I'l"ci fbllowirig matters wore acted upon during thci afllernoon session:
Claim Cni motion oflCouncilmember Beswick, seconded by Counc:ilmembeai
Hatison,the claim of Sally and Roger Stokles in the amount of 1$3 millions was
found not to be a proper change against the City)and d enefore was
unanimously rejected.
Claim C motion ofICour cilmembe r Heswickl, seconded by C ounciilmleimber
Ilarsan,the claim ofILena Mullcnix fon Jeffrey Mullenix in an unknown
amiount was fhund not to be a ptnperi change against the City and therefbre
was unanimously rejected.
Rleport City Engineer Blom NUter presented the monthly corbact monitoring reports
updated to January 8, 1951 for projects currently being administered by the
Engineering Services I]epartment and responded to Clauncilmlermbar Milson
and Larson' quasi ions.
Funds
Bine Department C miction ofICour cilmembur Cunn'ngharn, seconded by Counc:ilmemben
Beswick,Council unanimously)authoriaed an additional appropriation in the
amiount of1$9,238.91 for the purchase ofIseveni hand-held radios and one
mobile radio foci tl a Piro Department.
Binianc ial Rleport Cni miction oflCouncilmembur Bewick), seconded.by Clouncilmember
Manson,Council unanimously accepted the City of Rkdlands Compreherisiee
Annual Hinancial Rleport flar the year ended.June 30, 1990.
Bipeline Ilicarise Cn miction oflCouncilmembur Besw:ickl, seconded by Counc:ilmember
Marson,Council unanimously approved and authorized execution of a
pipeline license between the City of Redlands and the Atchison,Topeka) and
Santa Be Rlailway Company which is needed fon d e Carter ter Trunk Sewer,
Phase Ifl,project which will replace and enlarge the existing trunk line
sewers:iduritifted in the 1985 V4bstewateni Collections Racilities Masten Plan.
Traffic ani motion ofICour cilmembeai Beswick, seconded by Councilmember
Ea rscn,Rlesolulioni No.4728, a resolution establishir g speed limits fhr
Sun set Drive, was unanimously adopted.
Traffic ani motion oflCourcilmembeai Besw:ickl, seconded by Counc:ilmember
Ilaison,Rlesolulioni No.4729, a resolution establishing speed limits RIP Halo
Alta Drive,was unarr5mously adapi ad.
Traffic ani motion oflCouncilmembor Besw.ickl, seconded by Counc:ilmember
Marson,Rlesolulioni No.4730, a resolution establishing speed limits fair Alta
Mista Drive,was unanimously adopted.
Traffic Cri motion aflCourcilmembeii Beswick, saconded by Courc:ilmembov
Ilatison,Rlcisolulion No.4731, a resolution establishing speed limiits ftm
Crastvievu Rload,was unanimously adopled.
Traffic Cri rnation aflCourcilmembati Beswick, saconded by Counc:ilmembeiv
Ilatisan,Rlcisolulion No.4732, a resolution establishing speed limits fttr
Church Stl eel,was unanimously adopUid.
Traffic Cri miation aflCourcilmembati Besw:ickl, saconded by Counc:ilmembeni
Hatisan,Rlcisolulion No.4733, a resolution establishirig speed limiits ftm
Crange Treei Lane, was unan'irrously adopted.
Rlesolution No. 4733
Aankl and C�an Spaaei
Ilistria Tf a San Bum ardino County Rkigioral Flank:)Deflartm emit ani interested aiticis
within the San Bernardino County melt and addressed quality ofIl:ifti:issues. A
County-wida Cpen Spacei Assessment Distrio was:idarfifred to meet the City
and regional neieds and will be an tha June 1991 ballot.Rlesolut:ic n No.4 E-15,
a resolution of the Rladlands Clity Clciuncil requesting to be included in the
creation of the proposed Sari Bernardino County Rleglcnal Parks and Or en
Space District,and a memorandum of undcuisl an ding ralaling to 6 a proposed
d'strict were prasurited at this meeting in response to a presentation at the
meeting held on Dacember 18, 1990. Gary Neurcombe from tb e San
Bammidino County Rleg:ional Parks District was present at this meeting and
rasponded to Ckounailmembers' questions.Lhiging support wcnie Albart Klelley
and Cartrude Hagum. Expressing concerns was Jody Scott.Following
&seussion,Cour aiHembatis concurred that the public had d a night to vota
on this miattar and Courcilmember Beswick)mGvcd to approva Rlesolution
No.4733 and authorized execulion ofIthe revised Memorandum of
Understanding for tEu San Bernardino,Courty Open Space District. Motion
seccndeid by Ckruncilmcimber Uatisen and crarriad unanimously.
Engineiering Sarvicas
A groeme nt Cn Motion of Councilmamber Cunningham sacorided by Cour cilmembeni
Baswivk,Council unanimously authorizedd execution of an arrrendmarit to tha
agraemc rit t o furnish emigireciring servicas fore tb e dasigq of the Raes Well
CACI Water Treatment System w:itb Camp D essar&McKee to include
construction phase c rigineering servicers.
Consul tan) Services
A groemarit Cri miction aflCourcilmembati Besw:iakl, saconded by Counc:ilmemberri
Ilatiscn,Council unanimously authorized the Municipal Utiliticis Illiveclor to
crier into an agreement wiitt Kleinfelder,Inc. to parform consu'ling
cngilneering services for iha Rkivision of the Claliftrrniia Streiet Landfill llleplort
of Disposal Site Information.
Contriacit Awand
Rleeas Well GAG
Waten Twatmenl Syslmn
Bids were opemid and publicly dealaixid on January 7, 1991,by the City Clemk
fon the construction of tb e Rees Well C AC N&tcan Treatment Sylsteami,Projeact
No. 1-9184; a bid opening neport is on file in the Office oflthea City Clemk. At
this gime, it ;is the recommendations of the Mud aipal Utilities Department that
the responsible bidder submitling the bid fon said project which will result in
the lowcist cost to 1ho CitM is A.M.Burke Industrial GcuTimatino oflTustin in
the amount afl$1,197,E31.00 and;i1 ;is in tba beast inlemst of the C:ilm chart this
canthal ba awarded to said firma. On motion of Clounvilmemben
Cunningham, seconded by Counc;ilmembm Beswick]this racommaanadationa
was unanimously)appraveid.
T'1 ease being no further,business,the meeting adjourn ad at 9:09 P.M.to arid
adjourned reagglan meeting to be held on T uesdaA January 22, 1991. (Note:
the fbllowinig dayb tIj is meting was cancelled.)
Next nega'am meeting, Ribruacry 5, 1991.
City Clark