HomeMy WebLinkAbout040495-cc_CCv0001.pdf 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 April 4 , 1995, at 3 : 00 P.M.
PRESENT Swen Larson, Mayor
Jim Foster, Mayor Pro Tem
William E. Cunningham, Councilmember
Gilberto Gil, Councilmember
Pat Gilbreath, Councilmember
Gary M. Luebbers, City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Beatrice Sanchez, Deputy City Clerk
Marjie Pettus, Administrative Services
Director
Jeffrey L. Shaw, Community Development
Director
Steven M. Chapman, Finance Director
John Habant, Fire Division Chief
Gary G. Phelps, Municipal Utilities Director
Cletus Hyman, Police Captain
Ronald C. Mutter, Public Works Director
Ted Thomaidis, Redlands Daily Facts
Steven Church, The Sun
ABSENT None
The meeting was opened with an invocation by Mayor
Larson followed by the pledge of allegiance .
CONSENT CALENDAR
Minutes - Minutes of the adjourned regular meeting of
March 21, 1995, and the regular meeting of March 21,
1995, were approved as submitted.
Bills and Salaries - Bills and salaries were ordered
paid as approved by the Finance Committee .
Agreement - Senior Nutrition Program - On motion of
Councilmember Foster, seconded by Councilmember Gil,
Council unanimously approved a second amendment to
extend the Letter of Agreement between the City of
Redlands and the San Bernardino County Community
Services Department through June 30, 1995, for use of
the City' s kitchen and multipurpose room to operate
a senior nutrition program.
April 4, 1995
Page 1
Alcoholic Beverages Licenses - City Attorney McHugh
reported a letter was received on March 8 , 1995, from
the Department of Alcoholic Beverage Control
regarding the implementation of a new law relating to
the issuance of licenses for the sale of alcoholic
beverages . The new law is Business and Professions
Code Section 23958 .4 which defines the term "undue
concentration" for the purpose of determining whether
or not the public convenience and necessity warrants
the issuance of an alcohol sales permit when there is
a concentration of licenses within a specific area.
Presently, the City Council has the authority to make
this determination. The City Council may delegate
this determination to a subordinate body such as the
Planning Commission or to a department head such as
the Chief of Police. No action was taken on this
matter; therefore, the City Council retained this
authority.
Contract Award - Bids were opened and publicly
declared on March 22 , 1995, by the City Clerk for the
installation of groundwater wells and lysimeters; a
bid opening report is on file in the Office of the
City Clerk. It was the recommendation of the
Department of Municipal Utilities that due to some
legal implications regarding the apparent low bidder
and the fact that there were only two bids received,
that the best option in this case was to reject all
bids and readvertise the project . On motion of
Councilmember Foster, seconded by Councilmember Gil,
this recommendation to reject all bids was
unanimously approved.
PLANNING AND COMMUNITY DEVELOPMENT
Planning Commission Actions - On motion of
Councilmember Foster, seconded by Councilmember Gil,
the report of the Planning Commission meeting held on
March 28, 1995, was unanimously acknowledged as
received.
RDA No. 92-1-1 - Andly Development Com-pan -
Community Development Director Shaw reported the
Planning Commission reviewed the proposed change in
architecture for RDA (Residential Development
Application) 92-1-1 for Tracts 12461 and 13575
located south of San Bernardino Avenue, westerly of
Judson Street, and found them to be at least equal to
the points originally assigned for the RDA categories
of consistency with zone classification and
April 4, 1995
Page 2
standards, architectural design, and open space .
Councilmember Foster moved to approve the proposed
change in architecture for RDA 92-1-1 . Motion
seconded by Councilmember Gilbreath and carried
unanimously.
Contract Amendment - Hidden River Country Club
Estates - Community Development Director Shaw
presented a amendment to the contract between
Blankenship Land Company, Inc . and the City of
Redlands for the completion of an Environmental
Impact Report (EIR) for the Hidden River Country Club
Estates which addressed revisions to identify the fee
amount and that the applicant will pay for the
printing costs for the EIR documents distributed in
the review process . Councilmember Foster moved to
approve this contract amendment . Motion seconded by
Councilmember Gilbreath and carried unanimously.
Contract - Hidden River Country Club Estates -
Community Development Director Shaw reported that on
May 18, 1993 , the City Council approved a contract
between the Chambers Group, Inc . and the City of
Redlands for the preparation of an Environmental
Impact Report (EIR) for the Hidden River Country Club
Estates . On December 21, 1993 , the City Council
approved a contract amendment to include a study of
the Stevens Kangaroo Rat . Following this amendment,
the EIR was then essentially completed by the
Chambers Group. The applicant failed to submit the
related applications (i .e . General Plan Amendment,
Specific Plan, and Agricultural Preserve Removal) so
review of the EIR document was stopped. A new
contract has been prepared in order to update
sections of the EIR that became stale due to the time
period involved. Mark Blankenship stated the delay
in the EIR was not the sole responsibility of his
client, but assured Councilmembers they would work in
cooperation with the City. Councilmember Foster
moved to approve a contract between the Chambers
Group, Inc . and the City of Redlands for the
completion of an Environmental Impact Report for the
Hidden River Country Club Estates . Motion seconded
by Councilmember Gilbreath and carried unanimously.
COMMUNICATIONS
San Bernardino International Air-port - Mayor Larson
reported that Lockheed is almost ready to completely
vacate the premises at the airport; that the U. S .
April 4, 1995
Page 3
Forestry Service is relocating from Hemet in the Fall
of 1996 and will utilize about 2 , 500 acres; that the
IVDA and the County jointly entered into a contract
with SSRI for geographic information; and that four
marketing firms presented their proposals last week
with PEMCO being awarded the contract .
CLOSED SESSION
The City Council meeting recessed at 3 : 10 P.M. to a
Redevelopment Agency meeting and reconvened at 3 : 11
P.M. to a closed session to discuss the following
matters :
(a) Conference with legal counsel : Existing litigation
- Government Code Section 54956 . 9
- The Redlands Association et al v. City of
Redlands et al
- Opp v. City of Redlands
(b) Conference with legal counsel : Anticipated
litigation - Government Code Section 54956 . 9 -
Two Cases
The City Council meeting reconvened at 7 : 00 P.M.
PRESENTATIONS
Proclamation - Mayor Larson presented Acting Fire
Marshall Leonard Temby a proclamation declaring
April, 1995, as California Earthquake Preparedness
Month and encouraged all citizens to actively prepare
in an effort to make our State ' s next earthquake less
devastating. Mayor Larson complimented staff for
their intensive three-day emergency preparedness
training and exercise held last week. Mr. Temby
announced the City will sponsor an Community Safety
Fair on May 21, 1995, in the Community Ball Field,
from 9 : 00 A.M. to 3 : 00 P.M.
CLOSED SESSION REPORT
There was no report from the closed session.
PUBLIC HEARINGS
General Plan Amendment No. 54 - Public hearing was
continued to this time and place to continue the
review of the General Plan Update document .
Community Development Director Shaw reported the City
Council has held 13 public hearings on the General
April 4, 1995
Page 4
Plan beginning July 5, 1994 . Staff has provided the
City Council with an overview of the General Plan
describing the development of the Plan and public
input, purpose of the plan, an overview of themes,
the Housing Element, environmental impact report and
master environmental assessment, and the Planning
Commission recommendation. The City Council has
given specific direction on several issues . Since
September 20, 1994 , the City Council began going
through the General Plan document by chapter and has
reviewed Chapters 1 through 7 thus far. Referencing
Chapter 8, Mr. Shaw informed Councilmembers that
Smith, Peroni, and Fox are substantially revising and
updating the Seismicity, Geology, and Soils section.
Changes to the Airport Safety section will be
proposed as a result of AB 2831 and the need to
prepare an Airport Land Use Plan. Revisions are also
anticipated to the Emergency Management section as
the City revises its Emergency Plan as a result of
the recent emergency preparedness training and
excersises . The Water Quality section will be
updated by staff . When review of the entire document
has been completed, a revised edition will be
prepared by staff and the consultant . The revised
edition, its associated environmental impact report,
and findings and the statement of overriding
considerations regarding environmental impacts and
mitigation monitoring plans will then be readvertised
for public hearing. Council then proceeded with its
review of the General Plan document :
Chapter 8 , Health and Safety Element - Water
Quality - Due to a possible conflict of interest,
Councilmember Cunningham left the Council Chambers
and did not participate in the discussion
regarding Section 8 . 20, Water Quality. In
response to Councilmember Foster ' s questions,
Municipal Utilities Director Phelps assured
Councilmembers they would evaluate this entire
section and updated the materials .
Chapter 8 , Health and Safety Element - Air Quality
- Councilmember Cunningham returned to the Council
dais . Mr. Shaw noted air quality policies were
new ground for general plans and these policies
were based on County policies and other
jurisdictions in the Inland Empire . Councilmember
Foster felt Policies 8 . 12dd, 8 . 12ee, and 8 . 12ff
needed clarification and expansion.
April 4, 1995
Page 5
Chapter 8 , Health and Safety Element - Drainage
and Flooding - This section also needs to be
modified to reflect recent actions of the City
Council establishing new drainage development
impact fees . Although the collection of fees for
the downtown drainage and the Crafton Detention
Basin were deleted, Councilmember Cunningham
desired to leave references to these projects in
the General Plan. Councilmember Foster felt it
the projects were not going to be built, they
should not be included in the General Plan. City
Attorney McHugh assured Council this section would
be reviewed by staff and the necessary
clarifications brought back to the City Council .
Chapter 9 - Noise Element - Community Development
Director Shaw reviewed Table 9-A, Noise/Land Use
Compatibility Matrix, which has been reviewed to
reflect the majority Council vote establishing
Community Noise Equivalent Levels (CNEL) .
Chapter 10 - Human Services Element -
Councilmember Foster' s motion to delete this
entire section did not receive a second.
Following discussion, Community Development
Director Shaw was directed to circulate this
chapter to the United Way of Redlands and Redlands
2000 Committee for their input .
Chapter 11 - Economic Development Element -
Councilmember Gilbreath did not feel this chapter
was big enough. Councilmember Cunningham moved to
delete the sixth paragraph on Page 1, which read:
"Given the rate at which the City has been
growing, and current residential growth initiative
restrictions, the economic future of the City
could be questionable due to diminished
residential growth and the improvements and City
services provided by that type of development . it
is essential that the City maintain an aggressive
role in attracting business and industry that can
help to fill any potential economic void, while at
the same time providing local employment . " Motion
seconded by Councilmember Larson and failed with
Councilmembers Foster, Gilbreath, and Gil voting
NO.
Appendix A - South East Area General Plan
Amendment - Community Development Director Shaw
informed Councilmembers that Appendix A, General
April 4, 1995
Page 6
Plan Amendment No. 38, South East Area General
Plan Amendment, need to be reviewed at a separate
meeting.
Public Hearing - At this time, Mayor Larson
declared the meeting open as a public hearing for
any questions or comments . G. Louis Fletcher read
a statement declaring he was not in support of a
proposal to put housing back in the CSA 110 Plan
as he felt there were much better areas for
housing in the City of Redlands and its vicinity.
Chairman of the Landowners Association within the
"Donut Hole" Michelle Nelson informed
Councilmembers there was a consensus of a majority
of the landowners that some element of
residential, in a limited amount, should be
included in the plan. There being no further
comments at this time, the public hearing was
unanimously continued to April 18 , 1995, on motion
of Councilmember Larson, seconded by Councilmember
Foster.
Ordinance No. 2271 : General Plan Amendment No. 55 -
Public hearing was advertised for this time and place
to consider Ordinance No. 2271, an ordinance of the
City of Redlands approving General Plan Amendment No.
55 to change the land use designation from Urban
Reserve (Agricultural) and Park to Very Low Density
and Park for approximately 6 . 57 acres of land located
on the west side of Orange Street, approximately
1, 500 feet north of Pioneer Avenue . Community
Development Director Shaw explained that staff
recommended the creation of a new land use
designation for the existing General Plan of "Very
Low Density Residential" and the Planning Commission
concurred. In evaluating the technical aspects of
the General Plan Amendment, staff believes that the
creation of the new land use designation requires its
own ordinance and separate action. For that reason,
this request pertaining to a specific piece of
property is recommended for continuance to allow
staff time to process a separate General Plan
Amendment to create the "Very low Density
Residential" land use designation. Mayor Larson
declared the meeting open as a public hearing for any
questions or comments . None being forthcoming, the
public hearing was unanimously continued to June 6 ,
1995, on motion of Councilmember Foster, seconded by
Councilmember Gilbreath.
April 4, 1995
Page 7
Ordinance No. 2272 - Zone Change No. 354 - Public
hearing was advertised for this time and place to
consider Ordinance No. 2272 , an ordinance of the City
Council approving Zone Change No. 354 , a change of
zone from A-1 (Agricultural) District to R-E
(Residential Estate) District and 11011 (Open Land)
District for approximately 6 . 57 acres of land located
on the west side of Orange Street, approximately
1, 500 feet north of Pioneer Avenue . Based on the
presentation and action taken for Ordinance No. 2271
(above) , Community Development Director Shaw
recommended this matter also be continued. Mayor
Larson declared the meeting open as a public hearing
for any questions or comments . None being
forthcoming, the public hearing was unanimously
continued to June 6 , 1995 , on motion of Councilmember
Foster, seconded by Councilmember Gilbreath.
UNFINISHED BUSINESS
Resolution No. 5170 - Monkey Face Falls Project - At
the City Council meeting held on March 21, 1995, the
question of property ownership of the Monkey Face
Falls was posed. As a result of no one being present
to resolve the questions, the project was deleted
from Resolution No. 5156 , a resolution of the City
Council of the city of Redlands authorizing
designation of the applicant ' s agent for the purpose
of obtaining Federal financial assistance due to the
late winter floods . Due to a possible conflict of
interest, Councilmember Cunningham left the Council
Chambers . Utilities Manager Michael L. Huffstutler
explained that Monkey Face Falls itself is located on
property owned by the Crafton Water Company. Rights
to the water of Monkey Face Falls are owned jointly
by the City of Redlands and the Crafton Water
Company, with Redlands owning 44 . 7 percent and
Crafton owning 55 . 3 percent . In addition, the City
of Redlands controls approximately 39 . 5 percent of
the Crafton Water Company through direct and in-
direct stock ownership. The City of Redlands, by
contractual agreement, is responsible for the
maintenance and repair of jointly held water
production facilities in Mill Creek Canyon and "up
fronts" the funds for any necessary maintenance and
repair projects . Crafton Water Company, in turn,
reimburses its percentage share of maintenance and
repair costs to the City of Redlands . Furthermore,
as a result of a water rights dispute, Redlands also
has a contractual obligation to provide water to the
April 4, 1995
Page 8
residents of Mountain Home Village and Camp Kilkare .
During most winters, all of the water needs of these
residents is provided from Monkey Face Falls, and any
excess water continues into the Mill Creek flow lines
and on to the City of Redlands and the Craf ton Water
Company. At times, such as now, when water from
Monkey Face Falls is not available, Redlands is
responsible for providing water from Mill Creek
Canyon wells to the Village and Camp residents .
Following this explanation, Councilmember Larson
moved to adopt Resolution No. 5170, a resolution of
the City Council of City of Redlands authorizing
designation of the applicant ' s agent for the purpose
of obtaining Federal financial assistance, with the
inclusion of the Monkey Face Falls projects on the
list of projects damaged due to the recent late
winter storms . Motion seconded by Councilmember
Gilbreath and carried by AYE votes of all present .
Councilmember Cunningham returned to the Council
Chambers .
NEW BUSINESS
Ordinance No. 2266 - Shopping Carts - Ordinance No.
2266 would regulate the retrieval and storage of
abandoned shopping carts . The ordinance declares
abandoned shopping carts to be a nuisance and allows
City staff to collect and store them for the ultimate
disposition to their prior owners . It also requires
that all shopping carts have an appropriate tag
placed upon them identifying the name and address of
the owner, and provides an exemption for retail
establishments that demonstrate to the satisfaction
of the City that they have implemented a plan whereby
employees provide for cart retrieval or where the
cart owner has entered into a contract with a cart
retrieval service . A letter was received from the
California Grocers Association requesting the City
Council to delay action on this proposal so that the
local retailers can meet again with City staff to
continue to discuss the ongoing effort to rid the
streets of stray carts . Councilmember Gilbreath
moved to continue this matter for 30 days (to May 2 ,
1995) to allow further discussion with the Chamber of
Commerce and California Grocers Association. Motion
seconded by Councilmember Cunningham and carried
unanimously.
April 4, 1995
Page 9
Resolution No. 5121 - Fees - Shopping Carts -
Resolution No. 5121, a resolution of the City Council
of the City of Redlands establishing fees for the
retrieval and storage of abandoned shopping carts in
accordance with Ordinance No. 2266 , was also
continued to May 2 , 1995 .
Funds - Contract Award - Library Seismic Retrofit -
Bids were opened and publicly declared on March 9,
1995, by the City Clerk for the construction of the
A. K. Smiley Public Library Seismic Retrofit Project
for the stack wing and north wing areas of the
building; a bid opening report is on file in the
Office of the City Clerk. It was the recommendation
of the Department of Public Works that the
responsible bidder submitting the bid for said
project which will result in the lowest cost to the
City was RSH Construction, Alta Loma, in the amount
of $170, 833 . 00 and it would be in the best interest
of the City that this contract be awarded to said
firm. Public Works Director Mutter informed
Councilmembers this project is being financed through
a Damage Survey Report from FEMA/OES . FEMA will pay
75 percent of the total cost, OES will pay 18 . 75
percent of the total cost, and the City will be
responsible for 6 . 25 percent of the total cost . it
is estimated that the City' s obligation will be
between $12 , 500 . 00 and $15, 000 . 00 ; therefore, an
appropriation of $15, 000 . 00 has been requested. On
motion of Councilmember Cunningham, seconded by
Councilmember Gilbreath, Council unanimously awarded
the contract for the construction of the A. K. Smiley
Public Library Seismic Retrofit Project to RSH
Construction and approved an appropriation from the
General Fund in the amount of $15, 000 . 00 .
Auditing Services - Finance Director Chapman reported
Request for Proposals were mailed to nine accounting
firms in February, 1995 . Five of the nine firms
responded with formal proposals . The Audit Committee
reviewed each proposal and reduced the list of firms
to be interviewed to three : Vavrinek, Trine, Day &
Co. , McGladrey & Pullen, and Soren McAdams Bartells .
Councilmember Gilbreath explained the interview
procedure . Following the interviews on March 29,
1995, Vavrinek, Trine, Day & Co. was chosen based
upon its governmental audit experience, its
commitment to the City of Redlands audit, and the
fact that it was the lowest bid of the three
finalists . Councilmember Gilbreath moved to appoint
April 4, 1995
Page 10
the firm of Vavrinek, Trine, Day & Co. as the City' s
independent auditors for fiscal year 1994-95 and
authorized the Finance Director to negotiate an
auditing services agreement to be signed by the Mayor
on behalf of the City. Motion seconded by
Councilmember Foster and carried unanimously.
Ordinance No. 2261 - Graffiti Abatement - Ordinance
No. 2261, an ordinance of the City of Redlands
amending Chapter 8 .42 of the Redlands Municipal Code
relating to graffiti abatement, was presented for
City Council consideration by City Manager Luebbers .
This ordinance incorporates a provision to hold the
parent or legal guardian responsible for damages
caused by an minor child who is convicted of graffiti
vandalism. It also will require utilities within the
City that install freestanding, above surface metal
fixtures to paint them with a uniform paint type and
color to facilitate the re-painting and removal of
graffiti; add a requirement to the City' s
encroachment permit which allows the City to
condition issuance on the permitee ' s application of
an anti-graffiti material to the encroaching
structure; authorize the City to require applicants
to apply anti-graffiti materials to construction
associated with discretionary land use entitlements;
institute a reward process for persons assisting in
the conviction of persons causing graffiti vandalism;
and add additional penalties to the Redlands
Municipal Code to further deter the commission of
graffiti . Ordinance No. 2261 was read by title only
by City Clerk Poyzer, and on motion of Councilmember
Cunningham, seconded by Councilmember Gilbreath,
further reading of the ordinance text was unanimously
waived. Ordinance No. 2261 was introduced with
unanimous Council approval and laid over under the
rules with second reading scheduled for April 18 ,
1995, on motion of Councilmember Cunningham, seconded
by Councilmember Gilbreath.
Resolution No. 5169 - Prisoner Fees - Police Captain
Hyman said the San Bernardino County Sheriff ' s
Department is using the Redlands Police Department
Holding Facility for the housing of prisoners who are
awaiting court proceedings . The Redlands Police
Department is required to monitor these prisoners to
ensure their safety as well as the safety of
department personnel . The Police Department also
provides personal hygiene items as required. In
addition to the impact on personnel and supplies, the
April 4, 1995
Page 11
housing of the County prisoners requires increased
jail maintenance . Councilmember Cunningham moved to
adopt Resolution No. 5169, a resolution of the City
Council of the City of Redlands establishing fees for
the housing of County prisoners at the Redlands
Police Department Holding Facility. Motion seconded
by Councilmember Gilbreath and carried unanimously.
Ordinance No. 2268 - Pretreatment and Regulation of
Waste - Municipal Utilities Director Phelps informed
Council that Federal regulations and the discharge
permit issued by the State require that the City have
and administer an industrial waste pretreatment
program meeting prescribed requirements . Redlands ,
program is not currently in compliance and must be
upgraded and updated to meet certain regulations .
Ordinance No. 2268 , an ordinance of the City Council
of the City of Redlands amending Chapter 13 . 52 of the
Redlands Municipal Code relating to pretreatment and
the regulation of wastes and rescinding Ordinance No.
2145, was read by title only by City Clerk Poyzer,
and on motion of Councilmember Foster, seconded by
Councilmember Gil, further reading of the ordinance
text was unanimously waived. Ordinance No. 2268 was
introduced with unanimous Council approval and laid
over under the rules with second reading scheduled
for April 18, 1995, on motion of Councilmember
Foster, seconded by Councilmember Gil .
Resolution No. 5166 - Pretreatment and Regulation and
Wastes - In accordance with Section 13 . 52 . 030C of the
Redlands Municipal Code which authorizes the City
Council to establish, by resolution, local limits on
pollutants which are more stringent than those
required by Federal law, Councilmember Foster moved
to adopt Resolution No. 5166 , a resolution of the
City Council of the City of Redlands establishing
local limits for the pretreatment and regulation of
waste . Motion seconded by Councilmember Gil and
carried unanimously.
Agreement - Pretreatment and Regulation of Wastes -
Councilmember Foster moved to approve the inter-
jurisdictional agreement with the County of San
Bernardino for enforcing Ordinance No. 2268 for
pretreatment and regulation of wastes, and authorized
the Mayor to execute the agreement with only minor
non-substantive changes as authorized by the City
Attorney. Motion seconded by Councilmember Gil and
carried unanimously.
April 4, 1995
Page 12
Note - Water and Sewer Development Impact Fees -
Finance Director Chapman presented a development
impact fees financing agreement, a note between the
City of Redlands and UDO Partners V, L. P.
Mr. Elliott S . Zorensky of Urban Development
Organization, Ltd. is the owner and manager of the
shopping center located at Orange Street and San
Bernardino Avenue. He has recently negotiated a
lease with a tenant to open a new laundromat in the
shopping center and requested financing of the
development impact fees in the amount of $41, 850 . 00 .
Mr. Zorensky agreed to pay 20 percent down or
$8, 370 . 00 (which was paid on March 21, 1995) , a
maximum amortization of 48 months, and an interest
rate in the first year equal to 100 basis points
(1 . 00 percent) above the City Treasurer' s current
yield with an increase of 50 basis points for each
successive year. Councilmember Foster requested a
ruling from the City Attorney whether or not this
note was non-recourse . Councilmember Gil moved to
approve a development impact fees financing agreement
between the City of Redlands and Urban Development
Organization, Ltd. in the amount of $33 , 480 . 00 be
amortized over a 48 month period. Motion seconded by
Councilmember Foster and carried unanimously.
PUBLIC COMMENTS
Landfill Concerns - Mr. James A. Hammond presented an
offer and preliminary proposal from Pyrowaste
Corporation, Huntsville, Alabama, to set up and
operate a pyrogenic gasification plant of 75 ton per
day capacity for the City. Pyrowaste Corporation
uses pyrogenic gasification, a patented pyrolysis
process to convert waste into usable products .
Mobilehome Parks - On January 12 , 1995, the
Mobilehome Rent Advisory Board referred a matter
regarding installation of individual water meters in
mobilehome parks to the City Attorney for a decision.
At this time, Helen Alexander, resident in the
Lugonia Fountains Mobile Estates, and Robert M. Holt,
resident of Orange Grove Mobile Estates and member of
the Golden State Mobilehome Association, reiterated
their concerns . Noting the need to discuss this
matter was immediate, Councilmember Cunningham moved
to add this item to the agenda which arose subsequent
to the agenda being posted Motion seconded by
April 4, 1995
Page 13
Councilmember Larson and carried with Councilmember
Foster voting NO as he felt this matter should be
noticed on an agenda. City Attorney McHugh explained
that this is an extremely complex matter. A number
of issues have been raised both by the tenants in one
or more parks and also by the owners themselves about
the validity of the tenants ' request . Mr. McHugh
indicated he finds himself in somewhat of an unusual
situation regarding not overstepping his bounds as
City Attorney and becoming an attorney for the
tenants . He said a number of letters have come which
appear to be requesting personal advise which
ordinarily we do not give . He is reviewing materials
submitted to him by Mrs . Alexander and the park
owners, and he will respond when he feels he has a
good sound legal basis and can insure that the City
Council is not going to incur any liability one way
or the other in regards to the park owners and
tenants . He cautioned the City Council that we are
in the midst of an administrative hearing that he
suspect is heading towards litigation, and he does
not want to prejudice ourselves or the tenants by
saying anything that might affect that lawsuit . He
indicated he could come back with some specific
issues such as whether or not the tenants can bring
this before the City, whether or not the tenants have
met their standing requirements, whether or not we
have the legal authority to step in at this time and
do this in house or if we need to advise the tenants
they need to seek their own legal representation.
Councilmember Foster moved to direct that this matter
be accelerated and, if need be, to bring in
additional legal counsel to determine what our
ordinance says, what the State law says, and where we
are supposed to be . Motion seconded by Councilmember
Gil and carried unanimously.
ADJOURNMENT
There being no further business, the City Council
meeting adjourned at 9 : 01 P.M.
Next regular meeting, April 18, 1995 .
City Clerk
April 4, 1995
Page 14