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HomeMy WebLinkAbout022096-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 20, 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 Lewis W. Nelson, Police Chief Ronald C. Mutter,Public Works Director John Andrews, Redlands Daily Facts Alisa Slaughter, The Sun ABSENT None The meeting was opened with an invocation by Mayor Pro Tem Gilbreath followed by the pledge of allegiance. PRESENTATIONS University of Redlands - Philip Doolittle, University of Redlands, presented the University Campus Master Plan which includes enhancements on Colton Avenue including a landscaped median, and a reconfiguration of University Street. University officials would like to include their work with the project the City is undertaking which includes installation of a storm drain, water lines (non-potable and domestic) and the realignment of University Street. The University has taken on the responsibility of landscaping the east side of University Street. It is estimated the University's project will cost $850,000.00 and they would like the City to contribute towards the street improvements on Colton Avenue in the amount of$175,000.00. Public Works Director Mutter reported the City's project is estimated at a cost of $2 million and the City Council will need to re-prioritize projects under the Local Transportation Fund February 20, 1996 Page 1 to include Colton Avenue. Mr. Mutter felt other projects, such as the bridges on Orange Street and Alabama Street were more important. Councilmember Cunningham asked to see a synopsis in writing to the street construction projects and Councilmember Gil wanted to know exactly what we were buying for $175,000.00. Noting the University of Redlands is an asset for the City, Mayor Larson hoped we would respond positively. Livable Community Award - Mayor Larson announced the Livable Communities Initiative, Southern California Association of Governments, and the Local Government Commission has presented a Livable Community Award to Redlands citing us as one of the five exemplary examples of Southern California communities that have preserved their history, respected their natural setting, promoted pedestrian- and transit-oriented development, and created a vibrant community center for residents of all backgrounds to live, work, shop and participate in civic life. Mayor Larson expressed appreciation to Community Development Director Shaw for his involvement in obtaining this award. Proclamation - On behalf of the City Council, Mayor Larson presented a proclamation to the City employees and citizens declaring February 20-23, 1996, as Appreciation Week and expressed appreciation to City employees and residents for their service to the community. The week will be commemorated with a picnic for the City employees on Wednesday (note: a very rainy day contingency plan was implemented; lunch was served in the Old City Hall auditorium rather than in Smiley Park). On Thursday, Redlands Civic Center hours will be extended to 8:00 P.M. and open houses and tours held at Fire Station No. 1, Emergency Operation Center, A. K. Smiley Public Library, Redlands Community Center, Safety Hall, and the Police Annex. Community Outreach :Day will be held in the Redlands Miall from 1.0:00 A.M. to 4:00 P.M. with each department represented with displays and information literature available. CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the minutes of the special meeting of February 2, 1996,. the adjourned regular meeting of February 6, 1996, and the regular meeting of February 6, 1996, were unanimously approved as submitted. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, bills and salaries were ordered paid. February 20, 1996 Page 2 Resolution No. 5261 - Landscape Maintenance District - On motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council unanimously adopted Resolution No. 5261, a resolution of the City Council of the City of Redlands instituting proceedings, appointing an assessment engineer, and ordering the preparation of an Engineer's report in the matter of Annexation No. 12 to Landscape Maintenance District No. 1. Resolution No. 5265 - Street Lighting Maintenance District - On motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council unanimously adopted Resolution No. 5265, a resolution of the City Council of the City of Redlands instituting proceedings, appointing an assessment engineer, and ordering the preparation of an Engineer's report in the matter of Annexation No. 9 to Street Lighting.Maintenance District No. 1. Resolution No. 5271 - Hazardous Waste and Materials Mana eg ment - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5271, a resolution of the City Council of the City of Redlands designating the San Bernardino County Fire Department as the Unified Program Agency for Hazardous Waste and Hazardous Materials Management. Bail Schedule - City Attorney Dan McHugh, Community Development Director Shaw, and Code Enforcement Officer Marshall Mead met with Judge Barr recently to review processing and procedures for court enforcement of violations of the Redlands Municipal Code. One important element of the law enforcement system is the adoption of a misdemeanor and infraction bail schedule to be used by the courts in administering justice. Councilmember Larson moved to change No. 8.04.210, Wrecked, Dismantled or Inoperative Vehicles to: $100.00 base bail; $250.00 total bail. Motion seconded by Councilmember Cunningham and carried unanimously. Councilmember Gil moved to postpone setting the bail amounts for Sign Code violations (Nos. 15.36.150a-c) until completion of the review of the Sign Code (study session scheduled for March 19, 1996). Motion seconded by Councilmember Larson and failed with Councilmembers Gilbreath, Cunningham, and Banda voting NO. Councilmember Gilbreath moved to approve the misdemeanor and infraction bail schedule as amended. Motion seconded by Councilmember Cunningham and carried with Councilmembers Larson and Gil voting NO. General Fund - Decrease Appropriations and Spending Authority - On February 6, 1996, staff presented a review of the 1995-96 budget and recommended a decrease in the General Fund appropriations. The purpose of this action or deappropriation of certain General Fund spending authority is to increase the unreserved fund balance at year end from the current projection of$1.2 million to $1.7 million. A $1.7 million fund balance, representing only 7 percent of February 20, 1996 Page 3 annual expenditures, would be available for any emergencies or economic uncertainty, but primarily to offset the project 1998-99 budget deficit of $644,000.00. Of the total amount deappropriated, $150,000.00 related to Utilities Users' Tax-funded programs. Utility Users' Tax expenditures for public safety enhancements remain in the budget. Councilmember Gilbreath again expressed her concern about the spending of the Utility Users' Tax and encouraged Councilmembers to place the tax, as well as a question as to what to do with the funds already collected, on the November ballot. Mayor Larson directed the City Attorney to start the process and suggested forming a 50- member task force with ten members each to represented police, fire, finance, public works, and recreation to address the need for the tax. Councilmember Gilbreath then moved to approve the $562,530.00 decrease in General Fund appropriations for fiscal year 1.995-96 and directed staff to transfer these funds into a Utility Users' Tax impound. Motion seconded by Councilmember Larson and carried unanimously. Hinckley Water Treatment Plant - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously acknowledged the report of the status of the emergency repairs at the Horace Hinckley Water Treatment Plant in compliance with the provisions of Resolution No. 5260. Funds - Redlands Symphony Family Concert - On motion of Councilmember Banda, seconded by Councilmember Cunningham, the City Council unanimously approved an appropriation of $1,000.00 from the Steele Foundation Grant Fund to the Redlands Symphony Association for their 12th Annual Family Concert Program as recommended by the Cultural Arts Commission, and directed that if the Cultural Arts Commission expends beyond the interest, that it be made up next year. 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 February 13, 1996, was unanimously acknowledged as received. February 20, 1996 Page 4 COMMUNICATIONS Appointments - DRBA Advisory Board - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously appointed Richard Caudle and Gary Eppler to the Downtown Redlands Business Association Advisory Board as recommended by the DRBA Advisory Board. Citrus Plaza Regional Mall - Councilmember Cunningham reported he has reviewed the Citrus Plaza Regional Mall Environmental Impact Report. The Report contained percentages for improvements to impacted intersections and he requested Public Works Director Mutter to provide a dollar value for these improvements. Redlands Air Show - Councilmember Gil moved to approve the request of the Redlands Chamber of Commerce to hold an air show at the Redlands Municipal Airport on May 18, 1996, to serve beer at a secured location at the event, and to waive the fees for the use of the City's barricades, snow fencing, and traffic cones. Motion seconded by Councilmember Banda and carried unanimously. Steele Foundation Grant Fund - Councilmember Banda reported the Cultural Arts Commission wanted a letter citing the minutes of the City Council whereas it was decreed the Commission was not to expend the principal from the Steel Foundation Grant. Emergency Water Connections - Councilmember Gil moved to approve a temporary emergency water connection between the City of Redlands water system and the Bear Valley Extension Pipeline, and authorized the Municipal Utilities Department staff to negotiate future temporary emergency water connections as necessary. Motion seconded by Councilmember Banda and carried with Councilmembers Gilbreath and Cunningham abstaining from the vote due to a possible conflicts of interest. Councilmember Gil desired to review this matter in three months before the summertime demand for water is upon the City. JOINT MEETING-CITY COUNCIL AND REDEVELOPMENT AGENCY Bond Financing - On January 16, 1996, the City Council directed staff to proceed with a request for proposals for financial advisory and underwriting services for possible bond refundings. The decision regarding bond counsel was not addressed at that meeting. Following discussion, Councilmember Cunningham moved to direct staff to prepare a request for proposals for bond counsel services for the City of Redlands and the Redevelopment Agency. Motion seconded by Councilmember Banda and carried with Councilmember February 20, 1996 Page 5 Gilbreath voting NO after expressing her satisfaction with Best, Best & Krieger's history and expertise. The City Council meeting recessed at 4:28 P.M. to a Redevelopment Agency meeting and reconvened at 5:30 P.M. PRESENTATIONS Certificate of Appreciation - Mayor Larson presented a Certificate of Appreciation to Bernard Palecek, Senior Vice President and Branch Manager of the Redlands Main Office of Bank of America to thank him and his institution for the donation of two flag poles which were formerly located at the south entrance of the bank on State Street. City crews removed the flag poles, installed one at the Community Center, and are storing the second one for future use. The City Council meeting recessed at 5:30 P.M. and reconvened at 7:00 P.M. UNFINISHED BUSINESS Resolution No. 5270 - San Timoteo Creek Assessment District - Public Works Director Mutter said the San Bernardino County Flood Control District is making a request for an assessment district to fund the local costs for the construction of flood control improvements on San Timoteo Creek. the general concept of the assessment district is that those properties that are currently subject to flooding from San Timoteo Creek would be assessed to pay for the local share costs under a joint project with the U. S. Army Corps of Engineers. On June 6, 1995, an item was presented to the City Council requesting support of this assessment district. The City Council had concerns about the amount of assessments on several properties within Redlands. It was felt that the assessments were too high for agriculture property. The City Council rejected the County's proposal and tabled any further actions indefinitely. The County was asked to revise the assessments for reconsideration by the City Council. A. new analysis and reassessments have been made which produced a lower cost to agricultural lands. An amended Preliminary Engineer's report was prepared and was presented for consideration at this time. Affected property owners, as listed on the latest Assessor's Roll, were notified by the Public Works Director of this meeting. Ken Miller, Director of the County Flood Control District, presented a lengthy overview of the project and explained the assessment methodology. He reported the Cities of Loma Linda and San Bernardino have voted in support of the project. The City of Colton will consider this matter on March 5, 1996. Speaking in opposition of the project were: Curtiss B. Allen, John Coble, Theodora Banta, Tri-County Conservation League representative Greg Ballmer, Susan Finson, Jane Un (representing seven other property owners), Susan February 20, 1996 Page 6 Taylor, Anne Taylor, and Dora .Morris. Loma Linda Mayor Bob Christman urged the City Council to support this project. Mr. Miller responded to comments from the audience and Councilmembers. Councilmember Banda moved to deny Resolution No. 5270, a resolution of the City Council of the City of Redlands approving the resolution of intention to order the formation of an assessment district pursuant to the Municipal Improvement Act of 1913 being Division 12 of the Streets and Highways Code, and to reconsider when an environmentally friendly plan is submitted. Motion seconded by Councilmember Cunningham and carried unanimously. The City Council meeting briefly recessed at 8:34 P.M. and reconvened at 8:40 P.M. Code Enforcement - On January 31, 1996, Community Development Director Shaw met with Kenneth Worley to review the status of code enforcement actions for several properties on Beaumont Avenue. Mr. Worley had filed complaints last year and had sent a letter to the City Council in November concerning the complaints. Staff met with Mr. Worley in December and explained the current status of the cases and what still needed to be accomplished. Staff had sent a request to the property owners (Raymond Cox at 26945 Beaumont Avenue and Sheila Hamel at 26907 Beaumont Avenue) requesting additional information pertaining to alleged illegal uses on their properties. A few weeks ago staff received letters from the County of San Bernardino indicating that equipment used for agricultural purposes at these addresses were permissible uses in the County of San Bernardino. The letters were evaluated by Code Enforcement Officer Mead, Director Shaw, and City Attorney McHugh. It was their determination that these uses are considered legal non-conforming in the City of Redlands as the area was annexed into the City of Redlands in 1990.. Mr. Worley was unhappy with the final resolution of these code complaints and came to the last City Council meeting. Mr. Worley identified a second letter from the County of San Bernardino which indicated that "establishments mainly engaged in construction activities and storage on lots other than construction sites" would not have been permitted at the site. Staff has reviewed the second letter from the County but has determined that the equipment, which is used for weed abatement, is equipment used for agricultural purposes. Mr. Worley questioned the staff report and distributed photographs of the equipment which he insisted was used for construction purposes, not agricultural. Mr. and Mrs. Raymond Cox told Councilmembers their equipment is used for weed abatement and other related jobs. It was agreed that staff would continue to review and monitor this situation. Ordinance No. 2303 - Citrus Preservation Commission - Ordinance No. 2303, an ordinance of the City of Redlands amending Chapter 2.32 of the Redlands Municipal Code relating to the Parks Commission, adding Chapter 2.64 February 20, 1996 Page 7 establishing a Citrus Preservation Commission, and amending Chapters 2.30 and 2.54 relating to the public library and its board of trustees, was given its second reading of the title by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2303 was adopted by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda•, Mayor Larson NOES: None ABSENT: None One-Stop Landscape Supply Center - Community Development Director Shaw reported that based on the City Council action on January 16, 1996, to continue Zone Change No. 358 for further information, staff arranged an on-site meeting with Mr. Larry Curti at One Stop Landscaping Center. Also present at this meeting held on February 2, 1996, were Matt Slowik and John Ramos from San Bernardino County Health Department, Waste Management/LEA and Manuel Gaitan, Senior Planner. Following this meeting, it was a consensus that the facility continues to operate in compliance with the conditions of approval under the County's Conditional Use Permit SA/86-0164/E273-129. Cynthia Ludvigsen, Attorney for One Stop Landscaping Center and Mr. Curti, stated Mr. Curti has always cooperated with any agency and complied with their requests and is in compliance with the conditions of approval for his operation. She noted that there have been no complaints about odors since the last hearing until this matter of the zone change came up. Complaining about the odors they feel emanate from One Stop were: Anne Taylor, Brian Vera-Weis, Patrick Yhip, Lucille Yhip, and Susan Taylor. This discussion carried over into the next item; the continued public hearing on Zone Change No. 358. PUBLIC HEARING Ordinance No. 2296 - Zone Change No. 358 - Public hearing was continued to this time and place to consider Ordinance No. 2296, an ordinance adopting Zoning 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 unanimously recommended by the Redlands Planning Commission. Mayor Larson declared the meeting open as a public hearing. Speaking in favor of the change of zone were: George Eninger, Fred O'Connor, Mike Atencio, Mark Bulot, Jane Un, and Larry Curti. Matt Slowik, San Bernardino County Health. Department, spoke at length confirming that the LEA conducts a mandatory, irregular, unannounced monthly inspection of this facility as required by State law, and that since July, 1993, to present, no violations or February 20, 1996 Page 8 areas of concern have occurred on this site. He indicated his department was willing to inspect the site off hours. Mayor Larson declared the public hearing closed. Councilmember Banda moved to deny Zone Change No. 358. Motion seconded by Councilmember Cunningham and failed with Councilmembers Larson, Gilbreath, and Gil voting NO. Councilmember Gilbreath moved that the City Council approve the Negative Declaration for Zone Change No. 358 and directed staff to file and post a Notice of Determination in accordance with City guidelines. Motion seconded by Councilmember Gil and carried with Councilmembers Cunningham and Banda voting NO. Ordinance No. 2296, approving Zone Change No. 358, 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 waived, and Ordinance No. 2296 was introduced and laid over under the rules with second reading scheduled for March 5, 1996, with Councilmembers Cunningham and Banda voting NO. Councilmember Cunningham directed staff to review Mr. Curti's Conditional Use Permit to determine compliance in regards to wholesale versus retail sales. NEW BUSINESS Mobilehome Rent Stabilization Ordinance - On behalf of the Lugonia Fountains Mobile Homeowners Association and the Orange Grove Mobile Homeowners Association, Helen Alexander asked the City Council to consider removal of the expiration (or termination) clause from the present Mobile Home Rent Stabilization ordinance in effect. Ordinance No. 2312, an ordinance of the City of Redlands amending Chapter 5.48 of the Redlands Municipal Code relating to Mobile Home Park Rent Stabilization and deleting Section 5.48.140, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, further reading of the ordinance text was unanimously waived, and Ordinance No. 2312 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. Ordinance No. 2298 - Flood Prevention Damage - Ordinance No. 2298, an ordinance of the City of Redlands amending Chapter 15.32 of the Redlands Municipal Code relating to flood damage prevention, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2298 was introduced with unanimous Council February 20, 1996 Page 9 approval and laid over under the rules with second reading scheduled for March 5, 1996. Ordinance No. 2304 - Uniform Fire Code - Ordinance No. 2304, an ordinance of the City of Redlands amending Chapter 15.20 of the Redlands Municipal Code, adopting and amending the 1994 edition of the Uniform Fire Code and Uniform Fire Code Standards, and adopting and amending the 1995 edition of the California Fire Code, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2304 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. Ordinance No. 2306 - Uniform Housing - Ordinance No. 2306, an ordinance of the City of Redlands amending Chapter 15.24 of the Redlands Municipal Code by the adoption of the Uniform Housing Code, 1994 edition, and making amendments related thereto, and deleting Chapter 15.28 of the Redlands Municipal Code relating to solar energy, was read by title only by City Clerk Poyzer, and on motion of Councilmember Larson, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2306 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. Ordinance No. 2307 - Uniform Building Conservation Code - Ordinance No. 2307, an ordinance of the City of Redlands amending Chapter 15.52 of the Redlands Municipal Code relating to the adoption of the Uniform Code for Building Conservation, 1994 edition, and making amendments thereto, was read by title only by City Clerk Poyzer, and on motion of Councilmember Larson, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2307 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. Ordinance No. 2308 - Uniform Building Code - Ordinance No. 2308, an ordinance of the City of Redlands amending Chapter 15.04 of the Redlands Municipal Code by the adoption of the Uniform Administrative Code, 1994. edition,; the Uniform Code for Abatement of Dangerous Buildings, 1994 edition; and the Uniform Building Code, 1994 edition; and making related amendments thereto, was read by title only by City Clerk Poyzer, and on motion of Councilmember Larson, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2308 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. February 20, 1996 Page 10 Ordinance No. 2309 - National Electric Code - Ordinance No. 2309, an ordinance of the City of Redlands amending Chapter 5.12 of the Redlands Municipal Code by the adoption of the National Electric Code, 1993 edition, and making related amendments thereto, was read by title only by City Clerk Poyzer, and on motion of Councilmember Larson, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2309 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996.. Ordinance No. 2310 - Uniform Plumbing Code - Ordinance No. 2310, an ordinance of the City of Redlands amending Chapter 15.08 of the Redlands Municipal Code by adopting the Uniform Plumbing Code, 1994. edition, and making amendments thereto, was read by title only by City Clerk Poyzer, and on motion of Councilmember Larson, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 231.0 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for March 5, 1996. Resolution No. 5269 - State-Local Transportation Partnership Progr - Councilmember Gilbreath moved to adopt Resolution No. 5269, a resolution of the City Council of the City of Redlands authorizing the Mayor to act for and on behalf of said city in the execution of Program Supplement No. 005 of the State-Local Entity Master Agreement under State Senate Bill 300, for reimbursement of a portion of the cost of the installation of traffic signals at Redlands Boulevard and Nevada Street completed last year. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5273 - Assumption Agreement - Parkview Terrace Project - Councilmember Gilbreath moved to adopt Resolution No. 5273, a resolution of the City Council of the City of Redlands authorizing and directing the execution of an assumption agreement relating to $22,650,000.00 aggregate principal amount of city of Redlands Variable Rate Demand Multifamily Housing Revenue Refunding Bonds (Parkview Terrace Project), 1991 Series A, and certain other actions pertaining thereto. Motion seconded by Councilmember Gil and carried unanimously. PUBLIC COMMENTS Steve Denton, 518 Riverview Drive, complained about the rutty conditions on Church Street and Pioneer Avenue and requested a member of staff return a phone call to his wife to give her a schedule of street repairs. He also asked the City to look into the operation of the Dole plant on Baldwin Avenue as it seems February 20, 1996 Page 11 to have gone on a 24-hour operation and is causing a disturbance to the neighbors. ADJOURNMENT There being no further business, the City Council meeting adjourned at 10:22 P.M. to an adjourned regular meeting to be held on March 5, 1996, at 9:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. City Clerk February 20, 1996 Page 12