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HomeMy WebLinkAbout101795-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 October 17, 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 Michael Reynolds, City Treasurer Marjie Pettus, Administrative Services Director Jeffrey L. Shaw, Community Development Director Steven M. Chapman, Finance Director Mel Enslow, Fire Chief Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter, Public Works Director John Andrews, Redlands Daily Facts Bettye Wells Miller, The Sun ABSENT None The meeting was opened with an invocation by Mayor Larson followed by the pledge of allegiance . PRESENTATIONS Employee Service Pins - Assisted by the department heads, Mayor Larson presented five year service pins to: Nadine Chaney, Administrative Services Department; Debra Harberts, Building and Safety; Richard Malacoff, Planning; Blake Allen, Water Division; Mark Hardy, Police Department; and Janet Petton, Cemetery. Ten year service pins were presented to: Eileen Dirksen, Fire Department; Danny Perez, Water Division; Claude Upshaw, Police Department; and Everett "Gordon" Shackles, Street Division. Fifteen year service pins were presented to: Cherita Quintana, Solid Waste Division; and Don Graves, Cemetery. October 17, 1995 Page 1 Employees of the Quarter - City Manager Luebbers announced the following nominees for the Employees of the Quarter for the third quarter of 1995 : Category: Field Category: Administration Tony Adame Gary Barnes Phil Clem Elias Elhazin Tom Jurgens Debbie Harberts Robert Nadeau Laurie Johnson Billy Roberts Mary Ellen Lambert Kyle Wilson Gayle Lipes Sam Zumbro Evelyn Pedro Category: Safety John Burke Michael Dorsey Rogelio Garcia Steve Young Mayor Larson presented a plaque with the City seal to the Employees of the Quarter as follows : Kyle Wilson, Public Works Electrical Division - City Manager Luebbers noted that Kyle Wilson was nominated by three different departments . Mr. Wilson endeavors, on a daily basis, to address the communication needs in a professional and timely manner. His technical expertise in the areas of installation and trouble-shooting has saved many hours of down-time and resulted in better communication and safety for staff . He does not simply react to radio problems, he anticipates them and is pro-active in scheduling necessary maintenance . He calls at the beginning of every weekend to insure the radios are functioning and places himself as available for any emergency service . Mr. Wilson reflects all the good qualities of a dedicated City employee . Rogelio Garcia, Police Department - Detective Corporal Rogelio Garcia has worked for the Redlands Police Department since 1983 . He is a past recipient of the Latino Peace Officers ' Association Officer of the Year award and numerous department and outside agency awards and commendations . Moreover, he constantly displays exemplary dedication that serves as an inspiration to others . While these characteristics alone are sufficient to earn Corporal Garcia recognition as the Employee of the Quarter, October 17, 1995 Page 2 they are not the attributes for which he was nominated. Rather it is the numerous occasions he has gone beyond the call of duty and selflessly risked his own life to apprehend international felons that distinguishes him from his colleagues . While most safety employees expose themselves to a certain degree of risk each day, few do so in the manner Corporal Garcia has and continues to do in his undercover roles . It takes a truly special person to risk his life as he had done time and again. Gayle Lipes, Animal Control Supervisor - Gayle Lipes has been the Animal Shelter Supervisor for the past four years . Though she has done an exemplary job in a difficult position, her efforts that extend well beyond her normal duties is what qualifies her for this award. She has established many partnerships with private organizations that have either greatly enhanced the shelter or significantly reduced operating costs . Due to her efforts, all dog and cat food needed for the shelter have been donated by a major chain store for the past three years saving the City over $6, 000 . 00 per year. She has also obtained the donation of an $11, 000 . 00 heating system for the outside animal pens and a $6, 000 . 00 steam cleaning system for the pens that has reduced the spread of kennel diseases, as well as many other donations . In addition to her efforts in obtaining and organizating donations, she has also established several innovative programs . Due to the demands on her time during her work day, she spends a great deal of her personal time to guarantee the success of these projects . Her day-to-day management, as well as her pursuit of innovative solutions to problems facing the shelter have made the Redlands Animal Shelter the standard for excellence . Manager of the Year - Mayor Larson presented a plaque with the City seal to Tina Kundig who was named Manager of the Year. Her nomination form read: As a supervisor, Tina is the best I 've ever had. She works hard with all of the duties she is assigned, giving more of her time to the City than she should have to. She is one of those people who never seems to complain. She has always trusted us to do our jobs without looking over our shoulders but is still interested in what we are doing. Employee of the Year - During the first year of these employee recognitions, the following people were named Employee of the Quarter: October 17, 1995 Page 3 First Quarter Teresa Ballinger, Print Shop - Administrative Personnel Nick Ynda, Solid Waste Truck Driver Field Personnel Brad Kloepfer, Police Department Safety Personnel Second Quarter Rich Lindner, Fire Department - Administrative Personnel Gary Bierma, Building Maintenance Field Personnel Russell Dalzell, Police Department Safety Personnel October 17, 1995 Page 4 Third Quarter Gayle Lipes, Animal Control - Administrative Personnel Kyle Wilson, Electrical Division Field Personnel Rogelio Garcia, Police Department Safety Personnel Gayle Lipes, Animal Control Supervisor - City Manager Luebbers announced the Employee of the Year was Gayle Lipes . Mayor Larson presented her a plaque with the City seal and congratulated her. CONSENT CALENDAR Minutes - The minutes of the regular meeting of October 3 , 1995 . were approved as submitted. Bills and Salaries - Bills and salaries were ordered paid as approved by the Finance Committee . Monthly Contract Monitoring Reports - Public Works Director Mutter presented the monthly contract monitoring reports updated through October 6 , 1995, administered by the Public Works Department . The report for Citywide project prioritization of all capital improvement projects included in the FY 1995- 96 budget and scheduled for administration by the Engineering Division of the Public Works Department was also provided. Resolution No. 5217 - Transportation Enhancement Activities Program - Following brief discussion, Councilmember Gilbreath moved to adopt Resolution No. 5217, a resolution of the City Council of the City of Redlands approving participation in the Transportation Enhancement Activities Program for the replacement of historic street lights . Motion seconded by Councilmember Gil and carried unanimously. Contract Award - Groundwater Monitoring Wells - Bids were opened and publicly declared on October 5, 1995, by the City Clerk for the installation of Groundwater Monitoring Wells; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Municipal Utilities Department that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City was Lane-Western Company in the amount of $43 , 107 . 22 , and it would be in the best interest of October 17, 1995 Page 5 the City that this contract be awarded to said firm. Following brief discussion, on motion of Councilmember Gilbreath, seconded by Councilmember Foster, this recommendation was unanimously approved. Agreement - Medical Director Services - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, the City Council unanimously approved an independent contract agreement with Dr. Phong Nguyen to provide medical director services to the Redlands Fire Department, Emergency Services Division and authorized the Mayor and City Clerk to sign said agreement on behalf of the City. Agreement - California Street Landfill - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, the City Council unanimously approved retention of HDR Engineering, Inc . to provide design and operations engineering services in connection with the California Street Landfill and authorized the Mayor and City Clerk to sign said agreement on behalf of the City. The task orders in this scope of work include engineering design and operations guidance for the California Street Landfill related to drainage, grading, and slope stability to meet immediate needs and to conform with final design criteria. Agreement - California Street Landfill - Following brief discussion, on motion of Councilmember Gilbreath, seconded by Councilmember Foster, the City Council unanimously approved the retention of 3D GeoServices, Inc . to provide regulatory compliance services in connection with the California Street Landfill and authorized the Mayor and City Clerk to sign said agreement on behalf of the City. Services which are covered by the task orders in this scope of work include continued compliance with three environmental monitoring programs, preparation of a landfill regulatory compliance plan, and a landfill resource evaluation and report . Agreements - Youth Ensemble of Strings Program - On motion of Councilmember Foster seconded by Councilmember Larson, the City Council approved, with Councilmember Gilbreath abstaining from the vote, two independent contractor agreements with Karen Thurman and Carolyn Beckie for the purposes of offering a youth orchestra class under the Youth Ensemble of Strings Program and authorized the Mayor and City October 17, 1995 Page 6 Clerk to execute said agreements on behalf of the City. Agreement - U. S . State Recreational Ski Association - On motion of Councilmember Gilbreath, seconded by Councilmember Foster, the City Council unanimously approved an amended independent contractor agreement between the City of Redlands and the United States Recreational Ski Association for the purpose of offering a class to teach skiing and snowboarding through the Recreation Division and authorized the Mayor and City Clerk to execute said agreement on behalf of the City. Funds - Agreement - Water Resources Management Plan - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, the City Council unanimously approved an engineering services agreement with CH2M- Hill for continuation of the Water Resources Management Plan to include Task Orders 7-9 (Mill Creek Watershed Sanitary Survey, Upper Santa Ana River Water Resources Study, and Upper Santa Ana River Watershed Sanitary Survey) , authorized the Mayor and City Clerk to sign said agreement on behalf of the City, and approved an additional appropriation in the amount of $150, 000 . 00 from current revenues to fund the project . PLANNING AND COMMUNITY DEVELOPMENT Planning Commission Actions - Councilmember Cunningham expressed dissatisfaction regarding the report on the Planning Commission' s action on the General Plan. Councilmember Foster moved to acknowledge the report of the Planning Commission meeting held on October 10, 1995 . Motion seconded by Councilmember Gilbreath and carried with Councilmember Cunningham voting NO. COMMUNICATIONS Funds - Flood Control and Landfill Issues - Solid Waste Manager Valorie Shatynski reported the Municipal Utilities Department requests permission to enter into negotiations with San Bernardino County Flood Control and other agencies as necessary to achieve interim and/or permanent repairs to the San Bernardino County Flood Control revetment located on the southern bank of the Santa Ana River channel, bordering the northern limits of the California Street Landfill . She explained that the California October 17, 1995 Page 7 Street Landfill is separated from the Santa Ana River channel by this revetment on the northern border and constitutes the flood protection for the landfill during high flow periods . High river flows during the 1994-95 winter season changed the course of the Santa Ana River channel below (west of) Alabama Street . The combination of high flows and changed course resulted in damages to the revetment north of the easternmost portion of the landfill . Staff has contacted personnel with the Flood Control to determine their intentions for repair and/or remediation. In the event San Bernardino County Flood Control is unable to respond as expeditiously as the City feels is necessary, staff has taken the required preliminary steps to secure FEMA funding, and requested an additional appropriation in the amount of $20, 000 . 00 . Councilmember Foster moved to approve the request for an additional appropriation. Motion seconded by Councilmember Gilbreath and carried unanimously. Development Impact Fee Financing Agreement - Aladdin Entertainment - This item was scheduled for the evening session. On behalf of the applicants, who were present at this time, Mr. Art Braswell expressed appreciation to the city Council for their consideration to approve a development impact fee financing agreement for their project to be located at California Street and the I-10, but reported that at this time, they were withdrawing their request . Mayor Larson wished them success . CLOSED SESSION The City Council meeting recessed at 3 : 33 P.M. to a Redevelopment Agency meeting and reconvened at 3 : 34 P.M. to a closed session to discuss the following matters : 1 . Conference with legal counsel : Existing litigation - Government Code Section 549565 . 9 - Joseph Holley v. City of Redlands - PERS v. City of Redlands - San Bernardino Valley Municipal Water District Petition to State Water Resources Control Board The City Council meeting reconvened at 7 : 00 P.M. Mayor Larson acknowledged the following candidates present : City Clerk Lorrie Poyzer, City Treasurer Michael Reynolds, Councilmember William E. Cunningham, City Councilmember candidates : Jon October 17, 1995 Page 8 Harrison, Kyle Larick, Ray Alexander, Geni Banda, and Jeff Sabatini . CLOSED SESSION REPORT Sale of City Property - City Attorney McHugh reported the City Council approved the sale of the property located at 11 Grant Street to Eleazer D. and Darlene S . Hunt in the amount of $80, 000 . 00 . Sale of City Property - City Attorney McHugh reported the City Council approved the sale of Assessor' s Parcel No. 168-351-10 to the San Bernardino Valley Municipal Water District in the amount of $11, 180 . 00 . PUBLIC HEARING Redlands General Plan - Public hearing was advertised for this time and place to certify the Master Environmental Impact Report for the Redlands General Plan as required by the California Environmental Quality Act and to adopt the 1995 General Plan Update . Community Development Director Shaw reported the City Council has held 21 public hearings on the General Plan from July 5 , 1994 , through August 1, 1995 . As a result of the public hearings, the City Council has taken actions to delete, add and modify portions of the General Plan. The General Plan document was circulated to the City Council in August . Some minor text changes were recommended by staff and were incorporated in the report to the Planning Commission dated October 10 , 1995 . The firm of Smith, Peroni, and Fox was hired in November, 1994, to make updates to the statistical information in the General Plan and to update and expand the information within the Master Environmental Assessment (MEA) and Environmental Impact Report (EIR) . These documents were circulated in final draft form in early August, 1995 . Comments were received from other agencies and responses were incorporated within the Final Environmental Impact Report (FEIR) . The Environmental Review Committee reviewed and considered the MEA and FEIR on October 6, 1995 . Some corrections to the response to comments were identified by Antoinette Llamas of the Redlands Unified School District . The Committee incorporated the comments and recommended certification of the FEIR, finding it to be in compliance with the California Environmental Quality Act . On October 10 , 1995 , the Planning Commission unanimously adopted Planning Commission Resolution October 17, 1995 Page 9 Nos . 846 and 847, recommending certification of the MEA and FEIR and adoption of the Redlands General Plan. Community Development Director Shaw eported the General Plan Subcommittee met on October 16 , 1995, and made several recommendations pertaining to the General Plan as it pertained to Proposition R, as amended by Measure N. The Subcommittee recommended that the General Plan be specific in stating that no limitation on the number of residential permits issued within the City per year exist, and that any references to zoning limitations on residential properties that were designated Urban Reserve as of June 1, 1987, be eliminated. These recommendations were made as a result of the recent court action pertaining to Measure N where the court rules that Proposition R, as amended by Measure N, is a zoning ordinance and not part of the General Plan. Community Development Director Shaw also presented corrections to the transportation components of the General Plan EIR, Traffic Technical Report, and traffic section of the Statement of Overriding Considerations which was submitted by Mike Arenson of DKS Associates . Community Development Director Shaw explained that the General Plan is a document that contains the community' s vision of its long-term or ultimate physical form. State law requires each city to adopt and maintain a General Plan. Actions relating to zoning, subdivision approval, housing allocations, and capital improvements must be consistent with the General Plan. The Redlands General Plan consists of a diagram and carefully worded policies to achieve the following: 1 . To enable the Planning Commission and the City Council to reach agreement on long range development policies; 2 . To provide a basis for judging whether specific private development proposals and public projects are in harmony with City policies; and 3 . To allow other public agencies and private developers to design projects that are consistent with City policies or to seek changes in those policies through the process of amending the General Plan. The proposed General Plan encompasses a planning area of 52 square miles including territory outside its October 17, 1995 Page 10 incorporated boundaries to include Crafton, Mentone, and Greenspot . The General Plan anticipates a buildout of the plan calculated at approximately 100, 000 persons . It includes more than 100 policies that elaborate on six broad themes : 1 . A freestanding city, 2 . Citrus heritage, 3 . Small town feeling, 4 . Sense of history, 5 . Quality in north and south, and 6 . Revenues to support facilities and services . The General Plan is organized into 11 elements . This includes seven State-mandated elements (Land Use, Circulation, Open Space, Housing, Conservation, Health and Safety, and Noise) and four non-mandated elements (Growth Management, City Design and Preservation, Human Services, and Economic Development) . Mayor Larson declared the meeting open as a public hearing for any questions or comments . James Hammond asked if there was an element in the General Plan addressing alternative waste disposal methods and submitted a letter dated October 17, 1995, with language he suggested be included. Community Development Director Shaw responded that Section 7 . 24 addresses waste management . Utilities Director Phelps indicated the General Plan as proposed does not preclude these ideas presented by Mr. Hammond. On behalf of The Redlands Association, Tex Moore read a letter dated October 17, 1995, in which he reviewed what they believed to be five major flaws or disappointments : citrus and agricultural preservation has been completely eliminated; the introduction of a new category called High Density Residential ; the degradation of the noise standards; the reduction of the traffic standard from LOS C to LOS D; and the claim to participation by the public in the preparation of the document presented at this meeting. Lewis Fletcher complimented staff, especially Community Development Director Shaw, the Planning Commission, and the City Council for the preparation of an excellent document . Chairman of the Planning Commission Diane Christensen said the Planning Commissioners have gone over and over and over this document and felt it was time to adopt it and move on. Mayor Larson complimented the Planning Commissioners for their massive effort to review this October 17, 1995 Page 11 document in detail . There being no further comments, the public hearing was declared closed. Resolution No. 5220 - General Plan EIR - Councilmember Foster moved to adopt Resolution No. 5220, a resolution of the City Council of the City of Redlands certifying the Master Environmental Assessment and Final Environmental Impact Report for the General Plan to include making a statement of findings and facts and Statement of Overriding Considerations as required by the California Environmental Quality Act . Motion seconded by Councilmember Gilbreath and carried with Councilmember Cunningham voting NO. General Plan Subcommittee Report - Councilmember Foster moved to accept the General Plan Subcommittee ' s recommendations contained in a memorandum dated October 17, 1995 . Motion seconded by Councilmember Gil . City Attorney McHugh explained the recent Court ruling regarding Proposition R and Measure N. At this time, Councilmember Gilbreath announced she could not support changing the language as presented in the General Plan Subcommittee report and was withdrawing her support for the recommendation she had agreed to as a member of the Subcommittee the day prior. Following discussion, Councilmember Gil withdrew his second and Councilmember Foster withdrew his motion to accept the above noted recommendations . Resolution No. 5221 - General Plan - Councilmember Gilbreath moved to adopt Resolution No. 5221, a resolution of the City Council of the City of Redlands adopting the Redlands General Plan as presented without the additional information presented in the memorandum dated October 17, 1995 . Motion seconded by Councilmember Foster and carried with Councilmember Cunningham voting NO. UNFINISHED BUSINESS Utility Users ' Tax - On September 28, 1995 , the California Supreme Court issued a decision which appears to have reinstated Proposition 62 ' s voter- approval requirements for general taxes . A number of Court Of Appeal decisions had said these voter- approval requirements (which Proposition 62 imposed via a statutory initiative) violate the State constitution' s prohibitions against referenda on tax measures . The California Supreme Court rejected this October 17, 1995 Page 12 argument and found Proposition 62 does not violate the Constitution. In reaching this conclusion, the Supreme Court left a great number of questions unanswered. Among the unanswered questions are what this case means for existing taxes which were enacted without voter-approval, such as the Utility Users ' Tax. This question itself has two parts : whether cities will have to refund amounts they have collected over the years and whether cities will have to stop collecting these taxes from here on out . At their annual conference beginning October 22 , 1995, the League of California Cities will hold a special session on Sunday to address this matter. Council discussed this Supreme Court decision at length. Councilmember Cunningham felt it would be appropriate to place funds collected from this point on into an escrow account and place the issue on the next available ballot for a vote. Mayor Larson felt the City was being saved by this tax; that without it we might go into a decline that may not be salvageable . Having voted against the Utility Users ' Tax, Councilmember Foster reiterated his position that the tax should be repealed. Councilmember Gil supported the tax and what the City has been able to accomplish with it . Councilmember Gilbreath felt the tax had a very positive impact on this community and indicated she was not prepared to remove it unless told she had to as she would not allow the City to decay. Kyle Larick addressed Council and urged them to repeal the Utility Users ' Tax as he felt to continue its collection could leave the City open to costly litigation. Councilmember Foster' s motion to repeal the Utility Users ' Tax did not receive a second. Councilmember Cunningham' s motion to place the receipts into an escrow account did not receive a second. Development Impact Fee Financing Agreement - Aladdin Entertainment - The request for this finance agreement was withdrawn by the applicants during the afternoon session of this meeting. NEW BUSINESS Fee Waiver - Joslyn Senior Center - The Redlands Sister Cities Association holds their general meetings at Joslyn Senior Center. They are a non- profit group with a tax-exempt number; therefore, they pay no rental fees for the use of the Joslyn Senior Center. However, under Resolution No. 5138 , they are required to pay the attendant fee which October 17, 1995 Page 13 covers the hard cost to pay a staff person to open and close the Joslyn Senior Center after hours . The Redlands Sister Cities Association has requested a waiver of this fee . On behalf of the Association, Barbara Wormser addressed the City Council urging approval of this request . Councilmember Cunningham moved to waive the attendant fees, limited to $100 . 00 per year not to be taken out of the Joslyn budget, for the Redlands Sister Cities Association' s use of the Joslyn Senior Center. Motion seconded by Councilmember Gilbreath and carried unanimously. Fee Waiver - American Red Cross - Councilmember Cunningham moved to waive the Solid Waste bin fee service in the amount of $62 . 00 for the American Red Cross 24th Annual Fall Bazaar to be held on November 4, 1995 . Motion seconded by Councilmember Gilbreath and carried unanimously. PUBLIC COMMENTS Utility Users ' Tax - Judy Miller said that she had seen so much improvement in the City since the enactment of the Utility Users ' Tax, she hoped the citizens would have the decency to approve its continuation in an election. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8 : 14 P.M. The next regular meeting will be held on November 7, 1995 . City Clerk October 17, 1995 Page 14