HomeMy WebLinkAbout121791_CCv0002.pdf MINUTES of a regular meeting of the City Council of the City of Redlands
held in the Council Chambers, 212 Brookside Avenue, on
December 17 1991, at 3:00 P.M.
PRESENT Charles G. DeMirjyn, Mayor
Swen Larson, Mayor Pro Tem
William E. Cunningham, Councilmember
Dee Ann Milson, Councilmember
James W. Foster, Councilmember-elect
James D. Wheaton, City Manager
Ronald C. Mutter, Assistant City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Steven Church, Redlands Daily Facts
Pamela Fitzsimmons, The Sun
ABSENT None
The meeting was opened with an invocation by Councilmember Cunningham followed
by the pledge of allegiance.
Minutes of the adjourned regular meeting of December 3, 1991, and the regular meeting
of December 3, 1991, were approved as submitted.
Bills and salaries were ordered paid as approved by the Finance Committee.
Planning Commission Actions - December 10 ,1991
On motion of Councilmember Larson, seconded by Councilmember Milson, the report of
the last Planning Commission meeting was unanimously acknowledged as received.
COMMUNICATIONS
The City Council received a copy of the letter from Harry Mays, County Administrative
Officer,requesting $1,000 from Redlands to support the legal challenge to the federal
census. City Manager Wheaton noted that if successful, all cities would benefit; however,
the County proceeded on this matter without asking the Redlands City Council for its
opinion which might have cautioned against action. Mr. Wheaton felt the lawsuit taken to
a federal court has a slim chance of success considering the political and economic
implications of a"new census"requirement. He also felt that if the County had sufficient
funds to grant all of its employees a four percent raise and another four percent next
summer, and Redlands does not have the funds to make any positive change in the
paychecks of its hard-working and loyal employees, Redlands would be better off saving
all it can today while looking forward to better times ahead and letting the County meet
its own obligations. He suggested that if, as a result of the lawsuit, Redlands receives a
new population greater than the now official number, to the extent that the General Funds
of the City are increased, Redlands could consider a reimbursing contribution at that
time. Councilmember Cunningham moved to deny the request of the County of San
Bernardino for funds to pursue a court review of the federal census. Motion seconded by
Councilmember Milson and carried unanimously.
The engineer's report on the Barton/Kaiser/Chapman Assessment District will be
presented at the January 7, 1992, City Council meeting.
Commissions - Councilmember Foster suggested that in effort to reduce staff time and
expense that the City consolidate its many commissions and form six new commissions
with membership limited to one member from each Councilmanic district.
Councilmembers Milson, Larson and Cunningham opposed appointments by district but
indicated a willingness to review the duties and responsibilities of the existing
commissions and advisory boards. Speaking from the audience were Theresa
Kwappenberg and Michael Atencio. Conceding to the Councilmembers' comments,
Councilmember Foster moved to direct staff to review the restructure of the number of
commissions and to provide a complete list of all commissions, advisory boards,
committees, task forces, subcommittees, and regional committees with their staff
representatives. Motion seconded by Councilmember Larson and carried by the following
vote:
AYES: Councilmembers Larson, Foster; Mayor DeMirjyn
NOES: Councilmembers Cunningham, Milson
Funds - At the request of the Cultural Arts Commission, Councilmember Cunningham
moved to authorize expenditures from the Steele Foundation grant funds for the Youth
Ensemble of Strings as follows: $100 for Karol Rulle, $100 for Allipe Smit, and $40 for
Carol Robinson. Motion seconded by Councilmember Milson and carried unanimously.
Reports - Councilmember Cunningham briefly reported on the recent activities of the
Solid Waste Task Force. Mayor DeMirjyn reported he had attended Omnitrans, SCAG,
Traffic Commission, and Historic and Scenic Preservation Commission meetings.
Pharris EIR- Community Development Director Shaw reported on progress since the last
City Council meeting on September 17, 1991,relating to the C.L. Pharris Group
application. John Moore told Council that we must require the use of off-road haul roads.
The applicant Ron Pharris urged Council to certify the Environmental Impact Report so
that he could proceed with his project review and approval. Following discussion,
Councilmember Milson moved to direct staff to correspond with the Bureau of Land
Management and other affected agencies indicating our desire to pursue the haul roads
issue. Motion seconded by Councilmember Cunningham. Councilmember Foster asked
Council to continue this matter to January 7, 1991. His motion for this request did not
receive a second and the vote on Councilmember Milson's motion was as follows:
AYES: Councilmembers Larson, Cunningham, Milson; Mayor DeMirjyn
NOES: None
ABSTAIN: Councilmember Foster
Council recessed at 4:20 P.M. to a Redevelopment Agency meeting and reconvened at
4:30 P.M. to a closed session for the purpose of discussing personnel matters,property
acquisition, and pending litigation. In accordance with State law, the City Attorney
prepared a confidential memo to Council providing justification for the pending litigation
portion of the closed session. Council reconvened at 7:00 P.M. at which time members of
Boy Scout Troop 423 led the audience in the pledge of allegiance.
PRESENTATION
Police Department-Lt. Larry Bamrick, Investigative Services Coordinator, California
Highway Patrol, and Dorothy M. Martinez, Assistant Manager of the Automobile Club of
Southern California, Redlands,presented 10851 Awards in recognition of the efforts of
Redlands police officers in recovering stolen vehicles to the following officers: Tony
Perkins, Shawn Ryan, John Guthrie, Mike Smith, Rob:Duke, Steve Dickey,Nancy
Jacobson, Carlito Ventura, John Moore, and Pat Long.
PUBLIC HEARINGS
Impasse Hearing - On behalf of the general employees of the City of Redlands, Jim
Meith, San Bernardino:Public Employees Association,reviewed their salary and benefits
negotiation frustrations which have been in progress since April 1990. Seventeen items
have been agreed upon and they have agreed to remove any requests for any across-the-
board salary increase but urged Council to approve their final request for a one-time
additional 20 hours of vacation time. Also supporting this request were City employees
John Canvaness, Annette Bergeron, and Bill Roberts. Council briefly recessed to a closed
session at 7:37 P.M. to discuss this matter and reconvened at 7:40 P.M. at which time
Mayor DeMirjyn announced that due to the City's fiscal restraints, the City Council was
unable to comply with the employees' request. Councilmember Milson moved to resolve
the impasse hearing in favor of the City on the one-time vacation leave proposal and
acknowledged that the City's negotiation tem have come to an agreement on seventeen
other negotiated items. Motion seconded by Councilmember Larson and carried
unanimously.
Ordinance No. 2178 - Slopes -Public hearing was advertised for this time and place to
consider Ordinance No. 2178, an ordinance of the City of Redlands amending Chapter
18.144 of the Redlands Municipal code by adopting Zoning Ordinance Text Amendment
No. 216 relating to grading restrictions which will allow 2:1 slopes within the H-D
(Hillside Development) Districts, Redlands Planning Commission Resolution No. 782.
Community Development Director Shaw presented new language to be included in
Ordinance No. 2178. Mayor DeMirjyn declared the meeting open as a public hearing for
any questions or comments. None being forthcoming, the public hearing was declared
closed. Councilmember Larson moved to approve the Environmental Review
Committee's Negative Declaration for Ordinance No. 2178 and directed staff to file and
post a Notice of Determination in accordance with the City's guidelines and to
acknowledge that it has been determined this project will not individually or cumulatively
have an adverse impact on wildlife resources as defined in Section 711.2 of the California
Fish and Game Code. Motion seconded by Councilmember Cunningham and carried
unanimously. Ordinance No. 2178 was read by title only by City Clerk Poyzer, and on
motion of Councilmember Larson, seconded by Councilmember Milson, further reading
of the ordinance text was unanimously waived. Ordinance No. 2178 was introduced with
unanimous Council approval and laid over under the rules with second reading scheduled
for January 7, 1992, on motion of Councilmember Larson, seconded by Councilmember
Milson.
Appeals -Tentative Tract No. 14232 and Variance No. 472 - Paul G. Marshall-
Public hearing was continued to this time and place to consider an appeal to the decision
of the Planning Commission to approve the condition requiring dry sewers and laterals in
all streets within said application for the subdivision of 45 acres of land into 22 lots for
property located south of Route 38, east of the City of Redlands Henry Tate Water
Treatment Plant and west of Bryant Street in the R-R(Rural Residential) District. This
matter was again reviewed by the:Planning Commission on December 10, 1991, at which
time they confirmed their decision to approve the entire project and recommended that
the sewer requirement be deleted given the distance from the main sewer line which is
over three miles away. Mayor DeMirjyn declared the meeting open as a public hearing
for any questions or comments. On behalf of the applicant, Paul Welsh indicated they
concurred with the staff and commission recommendation and expressed appreciation for
the City's consideration. There being no further comments, the public hearing was
declared closed.
Councilmember Milson moved to delete the dry sewer requirement from Tentative Tract
No. 14232 and Conditional Use Permit No. 545 as per Section 17.52 of the Redlands
Municipal Code. Motion seconded by Councilmember Larson and carried unanimously.
Councilmember Foster moved to approve the Negative Declaration for Conditional Use
Permit No. 545, Variance No. 472 and Tentative Tract No. 14232 and directed staff to
file and post a"Notice of Determination"in accordance with the City's Guidelines as it
has been determined this project will have an impact on wildlife resources and has been
appropriately mitigated and correct fees will be paid to the California Department of Fish
and Game. Motion seconded by Councilmember Milson and carried unanimously.
Councilmember Foster moved to approve Conditional Use Permit No. 545 based on the
following findings: (1)that the use applied for at the location noted is proper for a
Conditional Use Permit; (2) that the use is necessary, essential, or desirable for the
public welfare and convenience and for the development of the community, and
conforms to the elements and objectives of the General Plan; (3) that the use is not
detrimental to existing or permitted uses in the zone where it would be located; (4) the
size and shape of the site are adequate; (5) the site properly relates to streets and
highways designed and improved to carry the type and quantity of traffic to be generated
by the proposed use; (6) the conditions set forth on this Conditional Use Permit are
deemed necessary and reasonable to protect the public health, safety and general welfare;
the best interests of the neighborhood; and the intent of the General Plan; (7) that
substantial evidence exists in the record that the proposed project will be consistent with
the existing General Plan; and(8) that Conditional Use Permit No. 545 therefore be
approved subject to all departmental recommendations. Motion seconded by
Councilmember Larson and carried unanimously.
Councilmember Foster moved to approve Tentative Tract No. 14232 subject to
conditions of approval, and based upon the following findings: (1) That the proposed
map is consistent with applicable general and specific plans; (2) that the design or
improvement of the proposed subdivision is consistent with applicable general and
specific plans; (3)that the site is physically suitable for the proposed type of
development; (4) that the site is physically suitable for the proposed density of
development; (5)that the design of the subdivision of the proposed improvements are not
likely to cause substantial environmental damage or substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat; (6)that the design of
the subdivision or type of improvements is not likely to cause serious public health
problems; (7) that the design of the subdivision or the type of improvement will not
conflict with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision; (8)that pursuant to California Government
Code Section 66475.6 the discharge of waste from this subdivision apparently will not
result in violation of existing requirements prescribed by the Santa Ana Regional Water
Quality Control Board pursuant to Division 7 of the California Water Code; and(9)the
substantial evidence exists in the record that the proposed project will be consistent with
the existing General Plan. Motion seconded by Councilmember Larson and carried
unanimously.
PUBLIC COMMENTS
Newton W. Miller, 702 Esther Way,presented a letter regarding the noise control
ordinance in which he requested Council consider prohibiting gasoline-powered leaf
blowers and workers from playing their radios outdoors while on the job. He also offered
to prepare a financial system for enforcement for this ordinance. Council asked him to
share this information with them.
NEW BUSINESS
CDBG Funds - Following discussion, Councilmember Cunningham moved to direct staff
to advertise for a public hearing to reprogram Community Development Block Grant
(CBDG) Funds from the Street Lighting Phase 11 Project and the Historic Preservation
Loan Project to the Senior Nutrition Facility with the understanding detailed information
would be available on these projects for the public hearing. Motion seconded by
Councilmember Larson and carried unanimously.
Resolution No. 4831 - Holidays- Councilmember Larson moved to add the following
item to the agenda which arose subsequent to the agenda being posted: "Resolution No.
4831, a resolution of the City of Redlands rescinding Resolution No. 4819 and
designating holidays to be observed by all City employees of the City of Redlands."
Motion seconded by Councilmember Foster and carried unanimously. Councilmember
Larson moved to adopt Resolution No. 4831 as presented. Motion seconded by
Councilmember Milson and carried unanimously.
The following items were acted upon during the afternoon session:
On motion of Councilmember Larson, seconded by Councilmember Milson, the report of
the Parking Advisory Board actions of November 20, 1991, was unanimously
acknowledged as received.
On motion of Councilmember Larson, seconded by Councilmember Milson, the report of
the Traffic Commission actions of December 5, 1991, was unanimously acknowledged as
received.
Bid Rejection- Bids were opened and publicly declared on November 21, 1991, by the
City Clerk for the construction of the California Street Landfill Monitoring Wells project;
a bid opening report is on file in the Office of the City Clerk. This project has been
mandated by the Santa Ana Regional Water Quality Control Board and the City could be
subject to fines for failure to construct this project. At this time it is the recommendation
of the Public Works Department that these bids be rejected because staff has been made
aware of additional requirements that must be met during construction of this project.
These requirements would necessitate negotiating a change order with the successful
bidder and delay in completion of the project. On motion of Councilmember Larson,
seconded by Councilmember Milson, Council unanimously rejected all bids and
authorized staff to readvertise the project.
Pharris EIR-Following discussion, on motion of Councilmember Larson, seconded by
Councilmember Foster, Council authorized final payment to Tom Dodson and Associates
for the C. L. Pharris Environmental Impact Report Contract with the understanding that if
additional work is necessary it will be contracted and paid for by the applicant, C. L.
Pharris, with Councilmember DeMirjyn voting NO.
Resolution No. 4822 - Towing Franchise - On motion of Councilmember Larson,
seconded by Councilmember Milson, Council unanimously adopted Resolution No.
4822, a resolution of the City Council of the City of Redlands granting to L & L Towing,
1143 Park Avenue, a franchise to operate authorized tow trucks over, along and upon the
streets of the City of Redlands and to operate an authorized storage garage for impounded
or stored vehicles in the City of Redlands.
Appointments - Student Commissioners - On motion of Councilmember Larson,
seconded by Councilmember Milson, Council unanimously appointed for one year terms
as student Commissioners the following: Erin Pearse, Parks Commission; Tiffany
Thompson, Recreation Advisory Commission; Peter Miller, Traffic Commission.
Resolution No. 4810 - Traffic - On motion of Councilmember Larson, seconded by
Councilmember Milson, Council unanimously adopted Resolution No. 4810, a resolution
of the City Council of the City of Redlands establishing the following traffic regulation
pursuant to Title 1.0 of the Redlands Municipal Code: establish no parking on the south
side of North Place from Buena Vista Street to 100 feet westerly.
Airport Lease Amendment - On motion of Councilmember Larson, seconded by
Councilmember Milson, Council unanimously approved Amendment No. 3 to the Master
Lease Agreement with Redlands Aviation Corporation for parcels Nos. 1, 2, and 3 at the
Redlands Municipal Airport. This amendment extends lobby control for 1.8 months with
provisions for another year option by the City and provides for RACOR(Redlands
Aviation Corporation)to lease the vacated Airport Manager's office in the airport lobby
and requires specified janitorial services by RACOR to maintain the lobby and patio
areas for an annual fee of$1, 500.00.
There being no further business, the meeting adjourned at 8:1.6 P.M. to an adjourned
regular meeting to be held on Tuesday, January 7, 1992, at 9:00 A.M. in the City Hall
Auditorium, 30 Cajon Street, Redlands, California.
Next regular meeting, January 7, 1992,. at 3:00 P.M.