HomeMy WebLinkAbout011696-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 January 16 , 1996 , at 3 : 00 P.M.
PRESENT Swen Larson, Mayor
Pat Gilbreath, Mayor Pro Tem
William E. Cunningham, Councilmember
Gilberto Gil, Councilmember
Geni A. S . Banda, 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
Lewis W. Nelson, Police Chief
Ronald C. Mutter, Public Works Director
John Andrews, Redlands Daily Facts
Sulipsa Luque, The Sun
ABSENT None
The meeting was opened with an invocation by
Councilmember Banda followed by the pledge of
allegiance .
CONSENT CALENDAR
Minutes - The minutes of the regular meeting of
January 2 , 1996 , were unanimously approved as
submitted on motion of Councilmember Gilbreath,
seconded by Councilmember Gil .
Bills and Salaries - Bills and salaries were ordered
paid as approved by the Finance Committee .
Contract - Project First Steps - On motion of
Councilmember Gilbreath, seconded by Councilmember
Gil, the City Council unanimously awarded an
architectural services contract to Ray Martinez and
Associates of Redlands in the amount of $1, 450 . 00 for
the development of plans and specifications for
Project First Steps . This Community Development
Block Grant Fund project includes the construction of
January 16, 1996
Page 1
a concrete surface with shade structure and the
construction of three handicap ramp landing areas and
decks leading in and out of the First Steps Child
Development Center located in the Brockton Housing
Project at 821 Sun Avenue .
Contract Award - Church Street Well Masonry Wall -
Bids were opened and publicly declared on January 4 ,
1996 , by the City Clerk for the construction of the
Church Street Well masonry wall, Project No. 1-9679;
a bid opening report is on f ile in the Of f ice 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 Wyatt
Construction of San Bernardino in the amount of
$24 , 378 . 12 , and it would be in the best interest of
the City that this contract be awarded to said firm.
Noting she did not necessarily feel a masonry wall
with a steel gate was particularly an "enhancement"
but understood the need for the security measures,
Councilmember Gilbreath moved to approve the staff ' s
recommendation. Motion seconded by Councilmember Gil
and carried unanimously.
Lease Purchase Agreement - Animal Control Vehicle -
Following brief discussion, on motion of
Councilmember Banda, seconded by Councilmember
Gilbreath, the City Council unanimously authorized
the City to enter into a lease purchase agreement
with the Ford Motor Credit Corporation for the lease
purchase of one Animal Control vehicle .
Resolution No. 5237 - Small Claims Court
Re-presentative - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City
Council unanimously adopted Resolution No. 5237, a
resolution of the City Council of the City of
Redlands appointing City Treasurer Michael Reynolds
and Business License Inspector Harry Smeader to
represent and appear for the City in the lawful
process for any and all small claims filed in Small
Claims Court .
Resolution No. 5238 - Paramedic Training Agreement -
Following brief discussion, on motion of
Councilmember Gil, seconded by Councilmember
Gilbreath, the City Council unanimously adopted
Resolution No. 5238 , a resolution of the City Council
of the City of Redlands approving an agreement with
January 16, 1996
Page 2
the State Department of California Highway Patrol for
an EMT-Paramedic training program.
Resolution No. 5239 - Hazard Mitigation Grant Program
- Detention Basin - On motion of Councilmember Banda,
seconded by Councilmember Cunningham, the City
Council unanimously adopted Resolution No. 5239, 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 pertaining to the Hazard Mitigation Grant
Program funding related to the early and late winter
storms, 1995 (FEMA 1044-FEMA 1046-DR-CA) for the
development of the Crafton Detention Basin, and
directed staff to communicate with the County of San
Bernardino Flood Control District, Zone 3 , of the
need to establish a high priority for this project
for the necessary matching funds .
Resolution No. 5240 Hazard Mitigation Grant Program
- Detention Basin On motion of Council-member
Banda, seconded by Councilmember Cunningham, the City
Council unanimously adopted Resolution No. 5240, a
resolution of the City Council of the City of
Redlands approving the application for grant funds
under the Hazard Mitigation Grant Program funding
related to the early and late winter storms, 1995
(FEMA 1044-FEMA 1046) for the development of the
Crafton Detention Basin.
Resolution No. 5241 - Traffic - On motion of
Councilmember Banda, seconded by Councilmember
Cunningham, the City Council unanimously adopted
Resolution No. 5241, a resolution of the City Council
of the City of Redlands establishing the following
traffic regulations pursuant to Title 10 of the
Redlands Municipal Code : erect stops signs on Fifth
Avenue at Wabash Avenue making the intersection a
four-way stop.
Resolution No. 5242 - Hazard Mitigation Grant Program
- Flood Protection - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City
Council unanimously adopted Resolution No. 5242 , a
resolution of the City Council of the City of
Redlands authorizing designation of the applicant ' s
agent for obtaining Federal financial assistant for
the Hazard Mitigation Grant Program funding related
to the early and late winter storms, 1995 (FEMA 1044-
FEMA 1046-DR-CA) for flood protection for the
January 16, 1996
Page 3
California Street Landfill and the Wastewater
Treatment Plant .
Resolution No. 5243 - Hazard Mitigation Grant Program
- Flood Protection - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City
Council unanimously adopted Resolution No. 5243 , a
resolution of the City Council of the City of
Redlands approving the application for grant funds
under the Hazard Mitigation Grant Program funding
related to the early and late winter storms, 1995
(FEMA 1044-FEMA 1046) for flood protection for the
California Street Landfill and the Wastewater
Treatment Plant .
Resolution No. 5244 - Hazard Mitigation Grant Program
- Education - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council
unanimously adopted Resolution No. 5244, a resolution
of the City Council of the City of Redlands
authorizing designation of the applicant ' s agent for
obtaining Federal financial assistant for the Hazard
Mitigation Grant Program funding related to the early
and late winter storms, 1995 (FEMA 1044-FEMA 1046-DR-
CA) for a multi-hazard/multi-agency public education
program which will be administered by the Fire
Department .
Resolution No. 5245 - Hazard Mitigation Grant Program
- Education - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council
unanimously adopted Resolution No. 5245, a resolution
of the City Council of the City of Redlands approving
the application for grant funds under the Hazard
Mitigation Grant Program funding related to the early
and late Winter Storms, 1995 (FEMA 1044-FEMA 1046)
for a multi-hazard/multi-agency public education
program which will be administered by the Fire
Department .
Resolution No. 5246 - Utility Connection Availability
- Following brief discussion, on motion of
Councilmember Gil, seconded by Councilmember
Cunningham, the City Council unanimously adopted
Resolution No. 5246 , a resolution of the City Council
of the City of Redlands establishing availability of
water and/or sewer connections for calendar year 1996
in accordance with Chapter 13 . 60 of the Redlands
Municipal Code .
January 16, 1996
Page 4
Funds - TRANs - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council
unanimously approved an additional appropriation in
the amount of $186 , 834 . 00 for interest revenue and
interest expense relating to the 1995 Tax and Revenue
Anticipation Notes . This action will correct the
1995-96 budget for comparison to the gross amounts of
interest revenue and interest expense .
PLANNING AND COMMUNITY DEVELOPMENT
Planning Commission Actions - On motion of
Councilmember Gilbreath, seconded by Councilmember
Gil, the report of the Planning Commission meeting
held on January 9, 1996, was unanimously acknowledged
as received.
Tentative Tract No. 15304 - Time Extension - On
motion of Councilmember Gilbreath, seconded by
Councilmember Gil, the City Council unanimously
approved a one-year time extension to January 14 ,
1997, for Tentative Tract No. 15304 , an application
for the subdivision of approximately 35 acres of land
into 71 lots for property located on the north side
of Pioneer Avenue between Texas and Orange Streets
(FMK, Rossmore Investments, Inc . , applicant) .
Funds - General Plan - On motion of Councilmember
Gil, seconded by Councilmember Gilbreath, the City
Council approved an additional appropriation in the
amount of $14 , 356 . 52 to cover costs associated with
the completion, adoption, and printing of the 1995
General Plan with Councilmember Cunningham voting NO.
COMMUNICATIONS
WeTip Membership - David Eckert, General Sales of
WeTip, urged the City Council to renew its
membership, as they will have to reduce operations
and cut service to non-member cities beginning
January 31, 1996 , in order to maintain the same high
quality service to contributing cities .
Councilmembers referred this request to staff with
the request it be included for consideration in next
year ' s budget .
Citrus Plaza Regional Mall - Councilmember Cunningham
expressed his concern abut the time of the annexation
of the Citrus Plaza Regional Mall . City Attorney
McHugh reported they are working on a time table
which will be included in the development agreement .
January 16, 1996
Page 5
Appointment Human Relations Commission
Councilmember Banda moved to appoint Dorothy Stroud
Blackwell to the Human Relations Commission with a
term to expire January 18 , 1999 . Motion seconded by
Councilmember Larson and carried unanimously.
City Council Reassignments - Mayor Larson moved to
appoint Councilmember Gil as the City of Redlands ,
alternative representative for the San Bernardino
International Airport Authority and appoint Mayor Pro
Tem Gilbreath as the City' s alternative
representative for the San Bernardino Association of
Governments (SANBAG) . Motion seconded by Council-
member Gil and carried unanimously.
Citizens ' Option for Public Service Program - City
Manager Luebbers reported the State is considering a
proposal which would allow individuals to earmark one
percent of their State personal income tax liability
for public safety purposes in their community.
Several alternatives are being discussed regarding
the allocation manner. Mr. Luebbers recommended the
City of Redlands support the return of the tax monies
directly to the jurisdiction where it came from.
Councilmember Cunningham moved to support this
recommendation. Motion seconded by Councilmember
Banda and carried with Councilmember Gilbreath voting
NO as she was concerned we would be basing a budget
on voluntary contributions .
Ordinance No. 2291 - C-1 and C-2 Districts - Hours of
Operation - On September 5 , 1995, the City Council
denied Ordinance No. 2291, an ordinance of the City
of Redlands adopting Zoning Ordinance Text Amendment
No. 240 which related to the hours of operation in
the C-1 (Neighborhood Stores) and C-2 (Neighborhood
Convenience Center) Districts and would have allowed
an extension of hours of operation for businesses in
these districts with approval of a Conditional Use
Permit from the Planning Commission. Councilmembers
Foster and Gil voted against the motion to deny
approval of Ordinance No. 2291 . At this time, Mayor
Pro Tem Gilbreath informed Councilmembers the
applicant had told her they did not feel the hearing
in September was clear and urged the Councilmembers
to reconsider this matter. Councilmember Gil moved
to notice a public hearing to reconsider this
ordinance . Motion seconded by Councilmember Larson
and carried with Councilmember Cunningham voting NO.
January 16, 1996
Page 6
LATE BREAKING ITEM
University Street Realignment - Public Works Director
Mutter informed Councilmembers he was prepared to
present an alternative realignment of University
Street at Colton Avenue in response to Council ' s
direction at their December 19, 1995, meeting. In
order to complete this project during the summer
months when the University of Redlands is not in
session, the bid package must be ready for
distribution by February 1, 1995 . Noting that the
need to take action was immediate, Councilmember Gil
moved to add this matter to the agenda which arose
subsequent to the agenda being posted. Motion
seconded by Councilmember Gilbreath and carried
unanimously. Mr. Mutter explained the alternative
which lowers the standard for the curve radius to 300
feet and will avoid the removal of several of the old
oak trees in Sylvan Park. Dr. Jim Appleton,
University of Redlands President, promised
Councilmembers they would pay for the landscaping and
retain and maintain the existing rock wall on the
east side of University Street . Expressing
appreciation to Mr. Mutter for his flexibility to
save the oak trees, Councilmember Cunningham moved to
approve the design realignment with the 300 foot
reversed radius and authorized the establishment of a
no parking zone to accommodate this reduced radius .
Motion seconded by Councilmember Gil and carried
unanimously.
January 16, 1996
Page 7
CLOSED SESSION
The City Council meeting recessed at 3 : 57 P.M. to a
Redevelopment Agency meeting and reconvened at 4 : 00
P.M. to a closed session to discuss the following
matters :
1 . Conference with legal counsel : Existing litigation
- Government Code Section 54956 . 9
- Biggs v. Foster and Larson (City Attorney
McHugh did not participate in this discussion
due to a conflict of interest)
- The Redlands Association et al v. City of
Redlands
2 . Conference with legal counsel : Existing litigation
- Government Code Section 54956 . 9 (b) - One case
The City Council meeting reconvened at 7 : 00 P.M.
Mayor Larson welcomed Boy Scouts Troop 31 who were
present for this portion of the meeting.
CLOSED SESSION REPORT
Settlement Agreements - City Attorney McHugh
announced the City Council, in a previous closed
session, settled claims submitted by Chris Gernand,
Katrina Maksima, and Bobbie Morris and authorized
execution of the settlement agreements .
PUBLIC HEARINGS
Ordinance No. 2296 - Zone Change No. 358 - Public
hearing was readvertised for this time and place to
consider Ordinance No. 2296 , an ordinance adopting
Zone Change No. 358 , a change of zone from A-1
(Agricultural) District to A-1-20 (Agricultural)
District for 20 acres of land located on the east
side of Palomares Road, south of San Timoteo Canyon
Road, as recommended by the Redlands Planning
Commission. Community Development Director Shaw
explained that this zone change was scheduled for
City Council consideration on December 5, 1995 .
However, the affected property owner, Mr. Larry
Curti, requested that the item be withdrawn.
Mr. Curti now wishes to move forward with the zone
change . Zoning Ordinance Text Amendment No. 239,
which was recently approved by the City Council,
established a new zone district, A-1-20
(Agricultural-minimum lot size 20 acres) , to allow
standard A-1 (Agricultural) uses and "composting
recycling operations which may include the use of
sludge and other composting materials and the
January 16, 1996
Page 8
wholesale sale of related landscaping items . This
proposed change in zone classification involves
exactly 20 acres of land owned by Larry Curti and is
currently used by On Stop Landscaping Center, a
composting recycling operation. Although this change
of zone was specifically initiated for Mr. Curti in
accordance with a settlement agreement with the City,
this same zone district could be applied to other
properties subject to individual analysis . On
September 11, 1995, the Environmental Review
Committee determined that this change of zone would
not have a significant impact on the environment and,
therefore, recommended to the Planning Commission and
the City Council approval of a Negative Declaration.
Any proposed expansions or modifications to the
existing facility/use in the future will require City
approval via the submittal of a revised conditional
use permit . Councilmember Cunningham did not feel
the Negative Declaration was appropriate .
Councilmember Banda expressed concerns regarding
odors from the facility and felt this request should
be postponed until an Environmental Impact Report is
done .
Mayor Larson declared the meeting open as a public
hearing for any questions or comments concerning this
change of zone . Representing The Redlands
Association, Tex Moore thought this new land use
should be subject to environmental review. Stephen
Denton echoed the concerns expressed by Councilmember
Banda and Mr. Moore and suggested the business be
moved out to the desert . Speaking on behalf of
several of her neighbors who were present, Susan
Taylor urged the City Council to vote against this
change of zone and requested a complete Environmental
Impact Report be prepared addressing several issues
detailed in a letter dated January 16, 1996 .
Mrs . Edward S . Perry was appalled at the thought of
this change of zone because of the smell she feels is
emanating from the business . Jane Hawkins expressed
her opposition to the zone change citing the terrible
odors coming from the Canyon; she indicated she did
not oppose the nursery or sale of sludge from the
site . Theresa Kwappenberg felt it was important to
do an Environmental Impact Report and that
considerations needed to be given to all impacts .
Councilmembers discussed at length the concerns
expressed by the citizens tonight as well as over the
years regarding One Stop Landscaping Center and
possible solutions . Councilmember Gilbreath moved to
continue this public hearing to February 20, 1996 , in
January 16, 1996
Page 9
order to receive more information from the City
Attorney and staff regarding a mechanism to protect
the neighborhood. Motion seconded by Councilmember
Banda and carried unanimously.
NEW BUSINESS
Fee Waiver - Baseball for Youth - Administrative
Services Director Pettus reported the Baseball for
Youth representatives have submitted their field use
requests for the 1996 spring and summer baseball
season. They are requesting near-exclusive use of
all Community Park fields, plus use of one field on
the freshman campus and the reserved use of
Brookside, Texonia and Orangewood fields for
practices . Fees for the use of City fields, lights
and personnel have been estimated to be $48 , 710 . 00,
and Baseball for Youth has requested a complete fee
waiver. Last year, they entered into a rental agree-
ment with the City for the use of all Community Park
fields . A sum of $10, 000 . 00 was paid toward field
expenses . They also paid utilities in the amount of
$4 , 460 . 0 . At that time, Baseball for Youth
representatives stated they would include field and
utilities expenses in future budgets . It was
recommended the rental agreement be continued and the
proposed agreement calls for Baseball for Youth to
pay all direct costs incurred by the Recreation
Division for field preparation and utilities . On
January 10 , 1996 , the Recreation Commission added the
concession rental fee of $500 . 00 . Following
discussion, Councilmember Cunningham moved to approve
the proposed rental agreement between the City of
Redlands and Baseball for Youth, with a revised flat
fee of $9, 900 . 00 (eliminating the concession rental
fee) for field preparation and the payment of all
field lighting utility charges and authorize the
Mayor and City Clerk to execute said document .
Motion seconded by Councilmember Larson and carried
unanimously. Councilmember Gil requested staff
inform the Baseball for Youth organization that they
need to include low-income youth in their program.
Agreement - Community Center Renovation Project -
Councilmember Cunningham moved to award a consultant
agreement to PCH Architects based in Redlands in the
amount of $10, 800 . 00 to develop plans and
specifications for the removal and installation of
heating and air handling equipment for the Community
Center gymnasium. Motion seconded by Councilmember
Gil and carried unanimously. This is a Community
January 16, 1996
Page 10
Development Block Grant fund project approved in
March, 1995 .
Resolution No. 5247 - Parkview Terrace Project
Refunding Bonds - Finance Director Chapman reported
that Bank of America has requested the City to
authorize amendments to the intercreditor agreement
dated February 1, 1991, relating to the
$22 , 650, 000 . 00 Multi-Family Housing Revenue Refunding
Bonds (Parkview Terrace Project, 1991, Series A) .
The proposed amendments are intended to clarify Bank
of America ' s ability to foreclose on the Project in
the event of a default by the owner without seeking
the consent of the City and continue to keep making
the payments on the Bonds as they become due without
drawing on the letter of credit . Councilmember
Cunningham moved to adopt Resolution No. 5247, a
resolution of the City Council of the City of
Redlands authorizing a first amendment to the inter-
creditor agreement relating to $22 , 650, 000 . 00
aggregate principal amount of City of Redlands
variable rate demand Multi-Family Housing Revenue
Refunding Bonds (Parkview Terrace Project) , 1991
Series A, and certain other actions pertaining
thereto, with the understanding there were to be no
modifications to the low/moderate income
requirements . Motion seconded by Councilmember Gil
and carried unanimously.
Traffic Signal - Barton Road and Bellevue Avenue -
Public works Director Mutter reported that a request
was received by the Traffic and Parking Commission
for a four-way stop at the intersection of Barton
Road and Bellevue Avenue . After discussion, the
Commission recommended the installation of a traffic
signal at the intersection, rather than a four-way
stop. The intersection consists of three legs which
are public streets and a northerly leg which is a
private driveway accessing the shopping center at the
northeast corner of Barton Road and Alabama Street .
Following a Traffic Signal Warrant Study it became
evident that the traffic related to the shopping
center is, in large part, the reason a traffic signal
is recommended at this location. It is recommended
by staff that the shopping center fund one-four of
the cost of the traffic signal installation and that
this be included in the 1996-97 budget .
Councilmember Cunningham moved to approve the
scheduling of installation of traffic signals at the
intersection of Barton Road and Bellevue Avenue; and
that the owner of the property at the northeast
January 16, 1996
Page 11
corner of Barton Road and Alabama Street be requested
to fund 25 percent of the cost of the installation of
the traffic signal, and that staff report back to the
City Council if the property owner is not willing to
pay this portion of the cost . Motion seconded by
Councilmember Gil and carried unanimously.
City Motto - The Cultural Arts Commission over the
past two meetings has discussed the possibility of
the City adopting a "motto. " According to the City
Archivist, the City has not formally adopted a motto
for itself . the Cultural Arts Commission realized
that this subject may be an historic event and
perhaps others in the community should be consulted
for their input . Councilmember Cunningham moved to
permit the Cultural Arts Commission to explore the
establishment of a "City Motto" by soliciting
suggestions from other City commissions and anyone in
the community. Motion seconded by Councilmember
Banda and carried unanimously.
Reimbursement - Repair of Bowl Footlights -
Councilmember Cunningham moved to authorize
reimbursement of $1, 165 . 00 to the Redlands Community
Music Association for repairs (asbestos removal and
disposal as well as wire replacement) to the Redlands
Bowl footlights . Motion seconded by Councilmember
Larson and carried unanimously.
PUBLIC COMMENTS
Sewer Charge Relief - Angel Rogers, Property Manager
for the Citrus Grove Apartments located at 1240 East
Lugonia Avenue, requested temporary relief from the
sewer charges for the unoccupied units until such
time as they are able to achieve a 92 percent
occupancy rate . As new owners of the complex, they
are in the process of an extensive renovation effort
and have increased the occupancy from 59 percent to
66 percent . It was noted the Redlands Municipal Code
does not provide for waiver of utility charges . Ms .
Rogers requested an amendment be prepared to provide
this relief . The City Council referred this request
to staff for a report and recommendation.
ADJOURNMENT
There being no further business, the City Council
meeting adjourned at 8 : 20 P.M. to an adjourned
regular meeting to be held on February 6 , 1996, at
January 16, 1996
Page 12
9 : 00 A.M. in the Council Chambers, Civic Center, 35
Cajon Street, Redlands, California.
City Clerk
January 16, 1996
Page 13