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HomeMy WebLinkAbout020696-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 February 6 , 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 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 Cletus Hyman, Police Captain 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 Mayor Larson followed by the pledge of allegiance . CONSENT CALENDAR Minutes - The minutes of the regular meeting of January 16, 1996 . were unanimously approved as submitted on motion of Councilmember Cunningham, seconded by Councilmember Gil . Bills and Salaries - Bills and salaries were ordered paid as approved by the Finance Committee . Contract Award - Bids were opened and publicly declared on January 10, 1996 , by the City Clerk for the construction of the North Slope Erosion Control and Seeding at the California Street Landfill, Project No. 3-9611; a bid opening report is on file in the Office of the City Clerk. The low bid, submitted by Fisher' s Grading and Excavating of San Bernardino, was approximately 60 percent higher than February 6, 1996 Page 1 the engineer ' s estimate . To keep the project within budget, the Municipal Utilities Department investigated the possibility of reducing the scope of work within the Public Works contracting requirements . This was not possible because the reduction in the scope of work would consist of deletion of major bid items . As an alternative, the Municipal Utilities Department is investigating inexpensive short-term activities that would provide protection for the remainder of this rainy season. Due to the lack of rainfall to date, regular slope repairs conducted have been adequate to date . Long term erosion control for the north slope will be planned and provided for prior to the next rainy season, and the cost of the improvement will be included in the Fiscal Year 1996/97 budgeting. At this time, the Municipal Utilities Department recommended that the City Council reject the bids for the construction of the North Slope Erosion Control and Seeding at the California Street Landfill, Project No. 3-9611 . On motion of Councilmember Cunningham, seconded by Councilmember Gil, this recommendation was unanimously approved. Resolution No. 5249 - San Bernardino County Central Credit Union - The San Bernardino County Central Credit Union is building a new facility in Redlands and has solicited the City Council to support their request to extend benefits, privileges and rights of membership to the residents and individuals who live or work in the City Redlands . Letters were received from the California Bankers Association, Redlands Federal Bank, and Redlands Centennial Bank requesting this matter be continued for at least 30 days . Ed McCormick, President-CEO of Redlands Centennial Bank, said they had just become aware of this pending resolution on Monday and felt there were a number of broader issues that should be considered prior to action by the City Council . Representatives were present from Bank of America and Community Bank as well as Redlands Federal Bank. Larry Sharp, President of the San Bernardino County Central Credit Union urged the City Council to support their request indicating they still had to receive regulatory approval at which time the bankers would have the opportunity to address the issue . Following discussion, Councilmember Larson moved to continue this matter to March 5, 1996 . Motion seconded by Councilmember Banda and carried unanimously. February 6, 1996 Page 2 Resolution No. 5250 - Disability Retirement - on motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5250, a resolution of the City Council determining that John Cullen, a local safety member of the Public Employees ' Retirement System and employed by the City, is incapacitated within the meaning of the Public Employees ' Retirement Law for performance of his duties in the position of Police Officer. Resolution No. 5251 - Citrus Avenue Reconstruction - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5251, a resolution of the City Council of the City of Redlands authorizing the Mayor to act for and on behalf of the City in the execution of Program Supplement No. 004 of the State-Local Entity Master Agreement under State Senate Bill 300 . This application is for reimbursement of a portion of the cost of the Citrus Avenue reconstruction project completed last summer. Resolution No. 5252 - Traffic Signals - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5252 , a resolution of the City Council of the City of Redlands authorizing the Mayor to act for and on behalf of the City in the execution of Program Supplement No. 017 of the Local Agency-State agreement for Federal-aid projects . This program provides for 100 percent funding for the construction of traffic signals at the intersection of Colton Avenue and Industrial Park Avenue in an amount not to exceed $105, 000 . 00 . Contract Award - Traffic Signals - Bids were opened and publicly declared on January 25, 1996 , by the City Clerk for the construction of a traffic signal at Colton Avenue and Industrial Park Avenue; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City was Paul Gardner Corporation in the amount of $83 , 929 . 00 and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Cunningham, seconded by Councilmember Gil, this recommendation was unanimously approved. February 6, 1996 Page 3 Resolution No. 5253 - Traffic - Following brief discussion, Councilmember Cunningham moved to adopt Resolution No. 5253 , 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 : install a signalized pedestrian crosswalk on New York Street between Park Avenue and State Street between 380 and 371 New York Street; and further directed staff to prepare the appropriate agreement for the Mayor ' s signature which will provide that Environmental Systems Resources Institute (SSRI) will fund installation, and ongoing maintenance of this traffic signal and crosswalk. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5254 - Traffic - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5254 , a resolution of the City Council of the City of Redlands establishing speed zones on Colton Avenue pursuant to Title 10 of the Redlands Municipal Code . Resolution No. 5255 - Traffic - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5255, 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 stop signs on Buena Vista Street at Glenwood Drive making the intersection a four-way stop. Funds - Joslyn Trust Account - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously appropriated $2 , 580 . 00 from the Joslyn Trust account for the purchase of auditorium and lounge improvements as recommended by the Joslyn Advisory Board. Funds - Water Stock Purchase - Councilmembers Gilbreath and Cunningham left the Council Chambers due to possible conflicts of interest . On motion of Councilmember Gil, seconded by Councilmember Banda, the city Council authorized an additional appropriation in the amount of $130, 000 . 00 from current rates and revenues for the purchase of water stock with Councilmembers Gilbreath and Cunningham abstaining from the action. February 6, 1996 Page 4 Release of Lien - Edgemont Drive - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously authorized execution of the Release of Agreement Securing Obligation to Annex in satisfaction of the performance by Charles A. Roy et al for property located on Edgemont Drive . Resolution No. 5256 - Disability Retirement - Resolution No. 5256 , a resolution of the City Council determining that Barry Cramer, a local safety member of the Public Employees , Retirement System and employed by the City is incapacitated within the meaning of the Public Employees ' Retirement Law for performance of his duties in the position of Fire Engineer, was continued for discussion in closed session later in the afternoon session under provisions of the California Government Code Section 54957 . Under Public Comments in the evening, Mrs . Barry Cramer strongly protested the City forcing her husband to take an early retirement . She did not feel they had had sufficient time to protect their rights and urged the City Council to postpone taking action. The City Council recessed at 7 : 55 P.M. to a closed session to further discuss this matter and reconvened at 8 : 08 P.M. at which time Councilmember Gilbreath moved to adopt Resolution No. 5256 . The motion was seconded by Councilmember Cunningham and carried unanimously. Councilmembers expressed their concern for Mr. Cramer and his family but indicated that due to circumstances beyond their control, they had to take this action. Addendum to Agreement - California Street Landfill - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously approved Task No. 4 , as an addendum to the agreement dated December 19, 1995, with the firm of Tom Dodson and Associates to provide environmental and consulting services related to necessary permitting for the California Street storm drain, west of the California Street Landfill . Resolution No. 5257 - Alley Vacation No. 113 - Councilmember Gilbreath left the Council Chambers due to a possible conflict of interest . Resolution No. 5257, a resolution of the City Council of the City of Redlands declaring its intention to vacate a portion of the alley between Orange Street and Third Street, along the western boundary of the Redevelopment Agency-owned property located at 531 North Orange February 6, 1996 Page 5 Street, and setting a public hearing for this alley vacation on March 5, 1996 , at 7 : 00 P.M. was prepared for this meeting. Art Gregory, Redlands Security Company, and Bob Sanborn expressed concerns about the proposed vacation of this alley as they felt it would create a gross inconvenience for the existing business as delivery trucks would not have a way to get out of the alley. Councilmember Cunningham moved to table this matter and directed staff to meet with the property owners . Motion seconded by Councilmember Larson and carried with Councilmember Gilbreath abstaining. Easement - Furr' s Cafeterias - Community Development Director Shaw explained the City Council approved a Zoning Ordinance Text Amendment last year to allow for a multi-tenant sign that could set on an adjacent property subject to certain City approvals . In October, 1995, Furr ' s Cafeterias received approval for their sign by the Planning Commission. As a condition of approval and as required by ordinance, an ingress-egress and sign easement needs to be approved. The City is a third party to the agreement requiring the City Council ' s approval and Mayor' s signature . This item should have been placed on the Consent Calendar for this meeting, but was inadvertently left off of the agenda and work is scheduled to begin prior to the next regularly scheduled meeting. Noting that the need to take action was immediate, Councilmember Larson moved to add this item to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Cunningham and carried unanimously. Councilmember Gilbreath moved to approve the ingress- egress and sign easement for Furr' s Cafeterias and authorized the Mayor to sign the document on behalf of the City. Motion seconded by Councilmember Gil and carried unanimously. PLANNING AND COMMUNITY DEVELOPMENT Planning Commission Actions - On motion of Councilmember Cunningham, seconded by Councilmember Gil, the report of the Planning Commission meeting held on January 23 , 1996, was unanimously acknowledged as received. COMMUNICATIONS Tobacco Product Regulations - A little over of year ago, the City Council adopted an ordinance banning February 6, 1996 Page 6 the sale of tobacco products through vending machines . At this time, Perry Dyke urged the City Council to adopt additional regulations to ban the free distribution of tobacco products on private property and require tobacco products be kept behind a counter or locked in a cabinet to limit access . Redlands High School students Sarah Woodin and Michelle Womack, Ann Davis-Schultz, and Gwenn Norton- Perry also spoke urging adoption of these regulations . Sample ordinances and letters and petitions of support were submitted from educators within the Redlands Unified School District . This matter was referred to staff for preparation of the necessary legislation by a consensus of the City Council . Wissahickon Inn - On December 5, 1995, the City Council adopted Resolution No. 5233 which determined that the property located at 565 Walnut Avenue (known as the Wissahickon Inn) was a public nuisance and authorized City staff to commence abatement proceedings within 60 days . Mr. and Mrs . Israel Aspe, owners of the Wissahickon Inn located at 565 Walnut Avenue, requested an extension in order to continue their efforts to perform the work necessary to abate the nuisance . Community Development Director Shaw and Chief Building Official Nick Anderson described the events that have taken place since the public nuisance hearing reporting very little progress has been made during the past 60 days . Charles Ware, an attorney representing the owners, did not feel there was any value to boarding the building up and indicated it is the owners , intent to repair the foundation and rehabilitate the structure as funds become available . A neighbor, Richard Titera, addressed the City Council indicating there were other buildings on the property that were also hazardous . He also expressed concerns about the residents living in the facility. Mayor Larson reminded Mr. Titera that the board and care facility was not under the jurisdiction of the city. Councilmember Gilbreath moved to direct staff to proceed with posting of the building as unsafe and securing it from entry but to allow access for any rehabilitation work, and to grant a 60 day extension for the owners to submit plans for the rehabilitation. Motion seconded by Councilmember Banda and carried unanimously. Appointments - Housing Commission - Mayor Larson moved to reappoint Douglas Kinzle and Jerome February 6, 1996 Page 7 Fairchild to four-year terms on the Housing Commission. Motion seconded by Councilmember Cunningham and carried unanimously. Appointments - Student Commissioners - Mayor Larson moved to appoint student commissioners as follows : Keisha Alexander, Human Relations Commission; Brian Hoyt, Parks Commission; Rod Labuni, Recreation Commission, and Justin Seleska, Traffic and Parking Commission. Motion seconded by Councilmember Gilbreath and carried unanimously. City Manager Luebbers presented commissioner pins to the students . Citrus Plaza Regional Mall - Councilmember Cunningham moved to seek continuance of the February 21, 1996 , LAFCO action for water and sewer service for the Citrus Plaza Regional Mall until the development agreement was completed and approved by the City Council . Motion seconded by Councilmember Banda and failed by the following vote : AYES : Councilmembers Cunningham, Banda NOES : Councilmembers Gilbreath, Gil; Mayor Larson Architectural Contract - 168 South Eureka Street - Councilmember Cunningham moved to direct the architect to prepare plans for the rehabilitation of 168 South Eureka Street so that construction could be done in phases so that we could at least have rest rooms constructed for this year' s Summer Music Festival season. Motion seconded by Councilmember Larson. Mr. Richard Frick, architect for this project, explained that the phasing of the project will allow construction as funds become available . He is awaiting further information from the users before proceeding with the plans . Unfortunately, he did not think the rest rooms would be completed in time for this summer' s Bowl programs . Bob Clark, Redlands Conservancy, announced they have $21, 000 . 00 in the bank for this project and will be conducting a fund raiser by raffling a classic 1966 Mustang. The motion carried by a unanimous vote . Mid-Year Budget Review - City Manager Luebbers informed Councilmembers that through a "team effort" $562 , 530 . 00 was cut from the 1995-96 budget during the mid-year review. Finance Director Chapman reviewed the following schedules presented: General Fund 1995-96 fiscal year six month actual revenues and year-end projection; General Fund 1995-96 fiscal year actual expenditures and year-end projection; General Fund five year budget summary (1995-96 February 6, 1996 Page 8 through 1999-2000) with Utility User ' s Tax through 1997-98 ; and Fiscal Year 1995-96 mid-year budget review and selected non-General Funds . Councilmember Larson moved to approve the revised budget as presented; motion seconded by Councilmember Gil . Councilmember Gilbreath indicated she would not support this motion as the Utility User ' s Tax was not clearly separated from other funds . Following discussion, the motion was withdrawn with Councilmembers requesting a breakdown of the savings . CLOSED SESSION The City Council meeting recessed at 4 : 53 P.M. to a Redevelopment Agency meeting and reconvened at 4 : 54 P.M. to a closed session to discuss the following: 1 . Conference with legal counsel : Anticipated litigation - Government Code Section 54956 . 9 (b) - three cases 2 . Conference with legal counsel : Personnel matter - Government Code Section 54957 - one case It was noted the conference with legal counsel regarding Biggs v. Foster and Larson listed on the agenda was withdrawn from the agenda. The City Council meeting reconvened at 7 : 00 P.M. PRESENTATIONS Proclamation - Mayor Larson presented a proclamation to Ed Sagmeister and Joan Silver, members of the Human Relations Commission, declaring the week of February 12-17, 1996 , as "Kindness Week" and urged everyone to observe this week with appropriate activities . PUBLIC HEARING - CITY COUNCIL AND REDEVELOPMENT AGENCY Resolution No. 5248 - RDA Property Sale - A joint public hearing with the Board of Directors of the Redevelopment Agency of the City of Redlands was advertised for this time and place to consider the sale of certain real property located at the southwest corner of Orange Street and Pearl Avenue for the purpose of redevelopment to L/Abrams Venture . Administrative Services Director Marjie Pettus reviewed the report, purchase and sale agreement and escrow instructions on the proposed sale of said property for $1, 310, 000 . 00 . Mayor Larson declared the meeting open as a public hearing for any questions or comments . None being forthcoming, the February 6, 1996 Page 9 public hearing was declared closed. Councilmember Gilbreath moved to adopt Resolution No. 5248 , a resolution of the City Council of the City of Redlands approving and authorizing execution of the purchase and sale agreement and escrow instructions between the Redevelopment Agency of the City of Redlands and L/Abrams Venture . Motion seconded by Councilmember Banda and carried unanimously. Mr. Cunningham noted the sale price was above the appraised value of the property. (Also see Redevelopment Agency minutes dated February 6, 1996 . ) NEW BUSINESS Funds - Citrus Grove at Barton House - Public Works Director Mutter reported the Parks Commission has recommended the establishment of a small citrus grove on the Barton House property as a project that would fit with the local celebration of Arbor Day. A portion of the property was purchased with Measure 11011 funds allocated for citrus preservation, and a parcel of land on the northeast corner of Barton Road and Nevada Street, approximately one acre in size, is immediately adjacent to a small grove now maintained by the County in conjunction with the Assistancia Mission. This parcel is suited for such a project and a grove at this location would not interfere with future improvements to the Barton House . The Parks Commission has secured a donation of trees and labor to plant the trees from the Noon Rotary Club, and Larry Jacinto has offered to prepare the parcel for planting. The U. S . Soil Conservation Service has been asked to assist with an irrigation system. A dedication ceremony is being planned for March 14 , 1996 . Expressing enthusiasm for the project and extending the City' s appreciation to Pat Meyer, Larry Jacinto, and Barbara Wormser for their efforts in organizing this project, Councilmember Cunningham moved to approve the project to develop a citrus grove at the northeast corner of Barton Road and Nevada Street in connection with the Barton House, and further, to appropriate $1, 000 . 00 from the Citrus Fund to provide maintenance on this grove for the reminder of this fiscal year. Motion seconded by Councilmember Gilbreath and carried unanimously. Outside City Utility Connections - Ordinance No. 2301, relating to utility connections for nonresidential development outside the City limits, and Ordinance No. 2302 , relating to utility connections for residential development outside the February 6, 1996 Page 10 City limits, were prepared for this meeting. Pat Meyer, Urban Environs, requested these ordinances be continued for at least 30 days to allow notification of effected landowners as he felt there were significant changes to existing procedure . Councilmember Gil moved to continue Ordinance No. 2301 and Ordinance No. 2302 to March 5, 1996 , and notice a public hearing thereon. Motion seconded by Councilmember Gilbreath and carried unanimously. Ordinance No. 2303 - Citrus Preservation Commission and Library Board - Ordinance No. 2303 , an ordinance of the City of Redlands amending Chapter 2 . 32 of the Redlands Municipal Code elating to the Parks Commission, adding Chapter 2 . 64 establishing a Citrus Preservation Commission, and amending Chapters 2 . 30 and 2 . 54 relating to the public library and its board of trustees, was read by title only by City Clerk Poyzer, and on motion of Councilmember Cunningham, seconded by Councilmember Gil, further reading of the ordinance text was unanimously waived, and Ordinance No. 2303 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for February 20, 1996 . Uniform Fire Code - Ordinance No. 2304, relating to the adoption of the Uniform Fire Code, was rescheduled for February 20, 1996 . Reimbursement of Sewer Lien Release Amount - Municipal Utilities Director Phelps explained the City received a request from Lois Lauer Realty to release a lien on a Preliminary Title Report for property at 1946 Country Club Drive (Lot 4 , Tract 12901) to facilitate its sale . In this particular case, the lending agency would not close escrow without the lien being removed from the property. In an effort to accommodate this request received on the last working day prior to the Christmas holiday weekend, staff agreed to release the lien upon payment of the lien release amount to the City. At this time, Lois Lauer Realty has requested that the lien be reinstated on the property and the amount paid to the City be reimbursed to Lois Lauer Realty. At the present time, there is not an active sewer to the west of Tract 12901, and it is unlikely an active sewer may become available which would trigger construction of the sewer in Tract 12901 and require the lot owners ' performance under the lien agreement . In view of the fact that the funds are not required to be invested in the construction of a sewer today, February 6, 1996 Page 11 or in the future, there is no need to lien the property to secure sewer improvements . In any case, even if such a need became evident in the future, a sewer assessment district would be a more viable means of financing. Therefore, staff recommended that $4 , 166 . 67 (the amount paid by Lois Lauer Realty on December 22 , 1995) be reimbursed and that the lien agreement not be reinstated on the property. Councilmember Gilbreath moved to authorize the reimbursement of the sewer lien release amount for the property at 1946 Country Club Drive as recommended by staff and further to authorize staff to release the sewer liens on the other lots of Tract 12901 if requested by the property owners . Motion seconded by Councilmember Gil and carried unanimously. Citrus Plaza Regional Mall - Environmental Impact Re-port - Councilmember Banda had requested the Council discuss and consider action regarding the filing of a legal challenge to the County' s preparation and certification of the Environmental Impact Report for this project . This matter was continued to the afternoon closed session under provisions of the California Government Code Section 54956 . (9a) . At this time, City Attorney McHugh explained the options available to the City Council . Councilmembers Larson, Gilbreath, and Gil felt the City could address the issues within the development agreement and did not wish to pursue a legal challenge . PUBLIC COMMENTS Boy Scout Pilgrimage - On behalf of the Boy Scouts of America, Ken King requested the City Council waive the Bowl fees and barricade charges for the 57th Annual Lincoln Shrine Boy Scout Pilgrimage to be held on February 10, 1996 . Noting that the need to take action was immediate, Councilmember Cunningham moved to consider this request which arose subsequent to the agenda being posted. Motion seconded by Councilmember Gilbreath and carried unanimously. Councilmember Gil moved to waive the fees as requested. Motion seconded by Councilmember Gilbreath and carried unanimously. Code Enforcement - Mr. Kenneth Worley, 26967 Beaumont Avenue, requested equal application of code enforcement within his neighborhood. This matter was referred to staff for a report on February 20, 1996 . February 6, 1996 Page 12 Resolution No. 5256 - Disability Retirement - (Refer to the Consent Calendar for action on this matter. ) ADJOURNMENT There being no further business, the City Council meeting adjourned at 8 : 10 P.M. to an adjourned regular meeting to be held on February 20 , 1996 , at 9 : 00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. City Clerk February 6, 1996 Page 13