HomeMy WebLinkAbout110795-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 November 7 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
Michael Reynolds, City Treasurer
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
Lewis W. Nelson, Police Chief
Ronald C. Mutter,Public Works Director
John Andrews, Redlands Daily Facts
ABSENT None
The meeting was opened with an invocation by Councilmember Gilbreath
followed by the pledge of allegiance.
PRESENTATIONS
Retirement Reco_nig tion - Mayor Larson presented a plaque with the City seal to
Ignacio Perez in honor of his retirement. Mr. Perez began working for the City
of Redlands on September 9, 1963, and over the past 32 years has seen many
changes in the City's solid waste collections, from completely manual to the
automated service. Mr. Perez retired on October 20, 1995.
Proclamation - Mayor Larson presented Donna West, Ery Sanford and Bob
Hodges a proclamation declaring November 19-24, 1995, as "Family Week"
and urged all residents to focus attention on the value and importance of family.
Ms. West announced the events scheduled during that week.
November 7, 1995
Page 1
CONSENT CALENDAR
Minutes - The minutes of the regular meeting of October 17, 1995, were
approved as submitted.
Bills and Salaries - Bills and salaries were ordered paid as approved by the
Finance Committee.
Contract Award - CDBG Handicap Ramp Project - Bids were opened and
publicly declared on October 5, 1995, by the City Clerk for the construction of
the Community Development Block Grant funds Handicap Ramp Project; a bid
opening report is on file in the Office of the City Clerk. It was the
recommendation of the Administrative Services and:Public Works Departments
that the responsible bidder submitting the bid for said project which will result
in the lowest cost to the City was Chino Construction, Inc. in the amount of
$38,890.00 and it would be in the best interest of the City that this contract be
awarded to said firm. In response to Councilmember Gilbreath's questions, City
Attorney McHugh said he had reviewed this contract and it appeared to be in
satisfactory form. CDBG Administrator Paul Rae Espinoza explained that the
original amount budgeted for this project was $34,000.00 and that the additional
funds will be administratively transferred from the Contingency Fund. Council
discussed the use of the CDBG Contingency Fund and directed staff to indicate
its financial status in future staff reports. On motion of Councilmember
Gilbreath, seconded by Councilmember Cunningham, this recommendation was
unanimously approved.
Contract Award - CDBG Home Again Project - Bids were opened and publicly
declared on October 19, 1995, by the City Clerk for the construction of a 330
square foot laundry facility at the Project Home Again; a bid opening report is
on file in the Office of the City Clerk. It was the recommendation of the
Department of Administrative Services that the responsible bidder submitting
the bid for said project which will result in the lowest cost to the City was
H.C.H. Construction, Redlands, in the amount of$27,889.00, and it would be in
the best interest of the City that this contract be awarded to said firm. On
motion of Councilmember Gilbreath, seconded by Councilmember
Cunningham, this recommendation was unanimously approved.
Rejection of Bids - Urban Forestry Grant - Bids were opened and publicly
declared on October 19, 1995, by the City Clerk for the Smiley Park Historic
District Urban Forestry Grant Program which would provide for the planting of
82 street trees. The following bids (as corrected) were received:
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Page 2
Landscape West, Inc. Anaheim $11,708.00
Nature Tech Landscaping, Riverside 12,866.00
KDK Engineering Construction, Etiwanda 13,715.00
Diversified Landscape & Maintenance, Winchester 14,080.00
S & M Landscape Inc., Azusa 15,1.50.00
Booth Enterprises, Anaheim 16,100.00
Public Works Director Mutter reported that the Community Services
Department, with the assistance of a citizens' committee, submitted the grant
application. The Public Works Department assumed this grant project last year
and as the bid call was being made, a review of the bid package was made by
the State Department of Forestry. The State informed the City that the
provisions of the grant only allow for the purchase of trees, root shields, and an
informative pamphlet to be printed regarding the grant. Labor to plant the trees,
plus the cost of the various soil amenities, is not included in the grant and must
be funded by the local sponsor. It is estimated that 75 percent of the bid cost
would need to be funded by the local sponsor and would not be allowed in the
grant. At this time, there are no budgeted funds available to provide for the
materials and labor to plant the trees. Therefore, it was recommended that the
City Council reject all bids for the Smiley Park Urban Forestry Grant Program.
It was further recommended that the City Council allow staff to seek alternative
sources of funds and/or labor in an effort to purchase trees from the grant and
plant them through a volunteer program. On motion of Councilmember
Gilbreath, seconded by Councilmember Cunningham, these recommendations
were unanimously approved.
Resolution No. 5223 - California Healthy - On motion of Councilmember
Gilbreath, seconded by Councilmember Foster, the City Council unanimously
adopted Resolution No. 5223, a resolution of the City Council of the City of
Redlands supporting the Healthy Cities Project and indicating the intent to
participate in the project as established by the State of California Department of
Health Services.
Resolution No. 5224 - Transportation Improvement Program - Following
discussion, on motion of Councilmember Gilbreath, seconded by
Councilmember Cunningham, the City Council unanimously adopted
Resolution No. 5224, a resolution of the City Council of the City of Redlands
adopting the financial constrained twenty-year "Baseline" Transportation
Improvement Program for the San Bernardino Comprehensive Transportation
Plan. This Plan identifies the programs, projects, and financing strategies
needed to meet the County's transportation goals, consistent with economic
development, social, and environmental objectives. It will examine future
traffic conditions resulting from our expected growth, determine whether these
November 7, 1995
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conditions are acceptable, and, if necessary, identify ways to improve those
conditions.
Resolution No. 5225 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, the City Council unanimously adopted
Resolution No. 5225, a resolution of the City Council of the City o Redlands
establishing the following traffic regulations pursuant to Title 10 of the
Redlands Municipal Code: erect stop signs on Church Street at Pennsylvania
Avenue, making the intersection a four-way stop, also providing left turn lanes
on Church Street at Pennsylvania Avenue.
Funds - Compost Bins - On motion of Councilmember Gilbreath, seconded by
Councilmember Foster, the City Council unanimously authorized the Municipal
Utilities Department to continue the Backyard Composing Project, purchase
additional backyard compost bins and related materials, and approved an
additional appropriation from current revenues in the amount of$25,000.00 to
fund the project.
Development Impact Fees Report - Finance Director Chapman prepared the
Annual Report of Development Impact Fees for the year ended June 30, 1995,
in accordance with Government Code Section 66006. Finance Director
Chapman noted that if fees are unexpended or uncommitted for a period of five
years or more, the report must include a finding illustrating the continuing need
for such development fees. If a continuing need cannot be shown, State laws
requires that the City refund the unused, uncommitted fees. This 1.994-95 report
does not include any findings for unexpended, uncommitted fees because there
are none. Responding to Councilmember Gilbreath's questions, Public Works
Director Mutter identified the projects included in the Storm Drain Fund and
Municipal Utilities Director Phelps identified the projects included in the Water
Capital Improvement Fund. On motion of Councilmember Gilbreath, seconded
by Councilmember Gil, the City Council unanimously approve the Annual
Report of Development Impact Fees for the year ended June 30, 1995, as
presented.
Resolution No. 5226 - Oppose Mobile Home Rental Assistance Initiative - On
motion of Councilmember Gilbreath, seconded by Councilmember Foster, the
City Council unanimously adopted Resolution No. 5226, a resolution of the
City Council of the City of Redlands opposing the "Rental Assistance"
initiative, that will preempt local mobilehome rent control. This initiative is due
to appear on the March 1996 Statewide ballot.
Funds - Santa Ana River TDS/TIN Study - Municipal Utilities Director Phelps
explained the recommendation that the City Council authorize participation
with other Santa Ana River Discharges Association (SARDA) agencies in the
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first phase of a joint Total Dissolved Solids/Total Inorganic Nitrogen
(TDS/TIN) Study on the Santa Ana River. He also explained why this had not
been included in the current budget. Councilmember Gilbreath moved to
authorize participation in this study and to approve an additional appropriation
in the amount of$71,000.00 to fund the City's portion of the project, and further
requested that a discussion be held in the future as to whether or not we will be
increasing our operating budget based upon the identified expansion of our
wastewater treatment process. Motion seconded by Councilmember Foster and
carried unanimously.
Agreement - Monkey Face Creek - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, the City Council authorized, with
Councilmember Cunningham abstaining from the vote, Task Order No. 6 of the
existing Engineering Master Services Agreement with the consulting firm of
CH2M-HILL to provide engineering services for the repair and rediversion of
the Monkey Face Creek which was damaged during the Landers' earthquake
and subsequently during the last Big Bear earthquake.
Agreement - Urban Water Management Plan - On motion of Councilmember
Gilbreath, seconded by Councilmember Foster, the City Council unanimously
authorized Task Order No. 1.0 of the existing Engineering Master Services
Agreement with the firm of CH2M-HILL to provide engineering services to
prepare the Urban Water Management Plan in accordance with Assembly
Bill 797.
PLANNING AND COMMUNITY DEVELOPMENT
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, the report of the Planning Commission
meeting held on October 24, 1995, was unanimously acknowledged as received.
COMMUNICATIONS
San Bernardino International Airport - Mayor Larson reviewed a number of
inquiries fielded recently by the San Bernardino International Airport noting the
diversity of the requests. A two-year contract has recently been signed for a
company that repairs and retrofits aluminum can machines.
Appointment - Cultural Arts Commission - Mayor Larson moved to nominate
Paul J. Little to fill the unexpired term of Katherine Thomerson to January 6,
1997,. on the Cultural Arts Commission. Motion seconded by Councilmember
Cunningham and carried unanimously.
November 7, 1995
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Appointment - Airport Advisory Board - Mayor Larson moved to nominate
John A. Krueger to fill the unexpired term of Kathleen Anderson to May 1,
1998, on the Airport Advisory Board. Motion seconded by Councilmember
Foster and carried unanimously.
Recognition - Airport Anniversary Air Show - At its meeting on October 4,
1995, the Airport Advisory Board acknowledged the tremendous amount of
work done by the Chamber of Commerce and the Experimental Aircraft
Association, and unanimously recommended that the City Council give them
recognition for their effort and fine work in sponsoring a very successful
Airport Anniversary Air Show. Councilmembers concurred with this
recommendation.
NEW BUSINESS
Ordinance No. 2300 - Execution of Documents - City Manager Luebbers
presented Ordinance No. 2300, an ordinance of the City of Redlands adding
Chapter 2.15 of the Redlands Municipal Code relating to the execution of
warrants, written contracts and conveyances and instruments requiring the City
Seal. This ordinance would allow the Mayor, the City Manager or the
authorized designee of the City Manager to sign on behalf of the City. Mayor
Larson felt this would place an unnecessary burden on the City Manager and
suggested a "pecking order" be established; that in the absence of the Mayor,
the Mayor Pro Tempore be so designated, followed by Members of the City
Council. Ordinance No. 2300, amended to read as follows: "Section 2.1.5.01.0.
Execution of Documents. All warrants drawn on the City Treasurer, all written
contracts and conveniences made or entered into by the City, and all
instruments requiring the City Seal may be signed by the Mayor, Mayor Pro
Tempore, or any other Member of the City Council," was read by title only by
City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by
Councilmember Gil, further reading of the ordinance text was unanimously
waived, and Ordinance No. 2300 was introduced with unanimous Council
approval and laid over under the rules with second reading scheduled for
November 21, 1995.
Resolution No. 5228 - Storm Drain Program Agreement - Councilmember
Foster moved to adopt Resolution No. 5228, amending Resolution No. 4868, a
resolution of the City Council of the City of Redlands adopting Amendment No.
1 to the National Pollutant Discharge Elimination System (NPDES) Stormwater
Permit Implementation Agreement No. 92-315 between the San Bernardino
County Flood Control District and the Co-permittees listed in the agreement,
including the City of Redlands, and authorized the Mayor to execute this
amendment on behalf of the City. Motion seconded by Councilmember
Gilbreath and carried unanimously.
November 7, 1995
Page 6
Fee Waiver - Kiwanis Club - Councilmember Gilbreath moved to approve a
waiver of fees requested by the Kiwanis Club for the use of the showmobile
during the Christmas Parade scheduled for December 2, 1995. Motion
seconded by Councilmember Gil and carried with Councilmember Cunningham
abstaining from the vote.
Smiley Storm Drain Repair Project - Public Works Director Mutter reported the
City is in the process of video taping all underground storm drain facilities
pursuant to the requirements of the National Pollutant Discharge Elimination
System (NYDES) permit. On October 27, 1995, a video was made of the drain
running along an easement on the west side of Smiley Elementary School. This
drain continues northerly through easement to a point near the intersection of
Fulbright Avenue and San Rafael Street. The City was immediately notified
that a significant problem existed with the storm drain pipe. Staff reviewed the
videos and discovered a complete deterioration of the bottom of the pipe along
with several "sink holes" that have developed in adjacent yards along the
affected line and across the open field of Smiley Elementary School. Staff
determined that immediate repairs must be made prior to any significant rain. If
this emergency repair is not performed, the adjacent property owners could
suffer property damage and safety hazards could exist. Due to the urgency of
this repair, staff met with several contractors on November 1 and 2, 1995, and
solicited quotes from four contractors to perform this emergency repair work.
The following bids were received and opened on November 6, 1995, by the
Public Works Department for the emergency repair of the Smiley Storm Drain:
Merlin Johnson, Mentone $145,125.00
Wesley Ray & Son, Redlands 178,139.00
Slater Inc., Fontana 202,800.00
Resolution No. 5227 - Smiley Storm Drain Repair Project - Based upon the
verbal and written testimony of the Public Works Director, Councilmember
Gilbreath moved that substantial evidence exists that the proposed project is
exempt from the requirements of CEQA in that the project constitutes
emergency repair work to public services facilities necessary to maintain
service, and further directed staff to file and post a Notice of Determination in
accordance with the city's guidelines. Motion seconded by Councilmember
Cunningham and carried unanimously. In accordance with the requirements of
Public Contract Code Section 22050 and based upon the testimony presented to
the City Council by the City's Public Works Director, Councilmember Gilbreath
moved that this City Council find that substantial evidence exists that the
emergency caused by the deterioration of 36-inch and 42-inch storm drain
sections which has caused sink-holes in and around adjacent property will not
permit a delay in undertaking repair work from the competitive solicitation for
bids; that this City Council further finds that the expenditure of public funds to
November 7, 1995
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repair the storm drain and sink-holes is necessary to respond to the emergency;
and that this finding be recorded in the official minutes of the City Council.
Motion seconded by Councilmember Cunningham and carried unanimously.
Councilmember Gilbreath moved to adopt Resolution No. 5227, a resolution of
the City Council of the City of Redlands declaring that the public interest and
necessity demand the immediate expenditure of public money to safeguard life,
health and property. Motion seconded by Councilmember Cunningham and
carried unanimously.
Funds - Smiley Storm Drain - Councilmember Gilbreath moved to approve an
additional appropriation in the amount of $175,000.00 from the General Fund
and award the contract for emergency repair of the Smiley Storm Drain to
Merlin Johnson Construction. Motion seconded by Councilmember
Cunningham and carried unanimously.
PUBLIC COMMENTS
Fire Explorer Scouts - Michael Savello, 32 San Mateo Street, addressed
Councilmembers and asked for their support to establish a fire explorer scout
program within the Redlands Fire Department.
CLOSED SESSION REPORT
Settlement Agreement - Teunissen - City Attorney McHugh reported a
settlement and release agreement and an agreement for the purchase and sale
and escrow instructions between the City of Redlands and Donald H. and Laura
G. Teunissen has been finalized. These documents relate to the expansion of
the geographical boundaries of the California Street Landfill and an exchange of
property in the same general vicinity.
CLOSED SESSION
The City Council meeting recessed at 3:49 P.M. to a Redevelopment Agency
meeting and reconvened at 3:50 P.M. to a closed session to discuss the
following matters:
November 7, 1995
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I. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9
- Longs Drugstore California, Inc. v. City of Redlands
- PERS v. City of Redlands
- SBVMWD/WIVIWD petition to State Water Resources Control Board
regarding Santa Ana River
- Dinwiddie v. City of Redlands
ADJOURNMENT
There being no further business, the City Council meeting adjourned to an
adjourned regular meeting to be held on November 21, 1995, at 9:00 A.M. in
the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California.
City Clerk
November 7, 1995
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