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HomeMy WebLinkAbout071696-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, at 3:00 P.M. on July 16, 1996. 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, Acting Police Chief Ronald C. Mutter, Public Works Director John Andrews, Redlands Daily Facts Alisa Slaughter, San Bernardino County Sun ABSENT None The meeting was opened with an invocation by Councilmember Gilbreath followed by the pledge of allegiance. PRESENTATIONS Employee Service - Assisted by the department heads, Mayor Larson presented five year service pins to: Paula Rae Espinoza, Administrative Services Department; Gayle Lipes, Police Department; Fermin Ruiz, Police Department; Susie Skidmore, Fire Department; and Toni Charboneau, Data Processing. Ten year service pins were presented to: Steve Starr, Police :Department; Robert Rodriguez, Parks Division; Gary Heapes, Water Division; Paul Martinez, Water Division; Gerald Zink, Water Division; and Don McCue, Library. Fifteen year pins were presented to: Carolyn Salisbury, Police Department; Gary Bickford, Fire Department; Mitchel McKee, Fire Department; and Tom Jurgens, Water Division. Donna Turner, Treasurer's Office, received a 20 year pin. Ernie Saldana, Wastewater Division, received a 25 year pin. In appreciation for 30 July 16, 1996 Page 1 years service, gold watches were presented to John Torres, Street Trees Division, and Joe Schultehenrich, Water Division. Employees of the Quarter- City Manager Luebbers introduced the 13 nominees for the Employee of the Quarter: Category: Field James Schooley Building and Safety Division Richard Murillo Electrical Division Ruben Baltierra Solida Waste Division Jesse Savell Building Maintenance Division Category: Safety Steve Kurz Police Department Charles Apodaca Fire Department Category: Administration Janet Petton Cemetery Division Donna Goetz MUD -Administration Brenda Sutton Administrative Services Department Joann Hogue Police Department- Animal Shelter Eileen Dirksen Fire Department- Administration Debbie Harberts Building and Safety Division Mary Ellen Lambert Finance Department Jesse Savell, Building Maintenance Division - Jesse Savell is always willing to take those extra steps to make sure that a task is not only performed well, but usually above the request. A prime example is the Emergency Operations Center where he spent long and arduous hours insuring that it would be ready for public scrutiny during the open house in April. His expertise and willingness to perform contractor perfect work undoubtedly saved the City close to $10,000.00. He meets even the mundane facets of his job with a certain "panache" because of his deep personal pride in work well done. He is one of those individuals who can make a routing task stand out as an exceptional performance. Courteousness and attention to detail are always uppermost and given the size of the Building Maintenance Division, Jess deserves long overdue recognition for his contribution. Steve Kurz, Police Department - Officer Kurz is a community police officer assigned to the area around Community Center. He goes above and beyond the call of duty. The Community Center staff knows that any problem they have, big or small, they can count on him to help them out. He removes transients, breaks up fights, patrols ballfields, researches criminal histories, patrols the Community Center parking lot, gives presentation and anything else within his July 16, 1996 Page 2 realm that they ask of him. Staff at the Community Center feel it is a more secure place because of Officer Kurz and patrons are favorably impressed with the safe environment. Janet Petton, Hillside Cemetery Division - Janet Petton, Cemetery Services Assistant, deserves recognition for performing many roles: a compassionate friend, a confidante, analyst, counselor, real estate agent, photographer, and historian. She begins each day's work with a positive attitude, knowing that few, if any, cheerful people will be a part of that day. She is sensitive to the needs of grieving families without becoming so emotionally involved that she cannot meet the needs of those families and walks a fine line between compassion and composure. Many people have written letters of appreciation to her for the special attention that she has paid to their individual needs. Janet deserves this recognition for meeting these challenges. Award of Achievement - Special Recognitio - Mayor Larson presented an award of achievement - special recognition to Carolyn Salisbury. This award recognized Carolyn and her quarterhorse mare, Linda's Account, more commonly known as Cash, for winning the Gold Medal in the Western Riding Class, the Silver Medal in the Reining Class, and the Bronze Medal in the Trail Horse class in the 1996 California Police Summer Games held in Long Beach, California. Proclamation - National Parents' D - Mayor Larson presented a proclamation to Robert J. Spitz, State Chairman of the National Parents' Day Coalition, declaring July 28, 1996, as National Parents' Day and encouraged all citizens of Redlands to join in recognizing the importance of responsible parenting in creating a healthy community and society. San Timoteo CgLnyon - Susan Taylor inforined Councilmembers that two representatives from the National Park Service will be here on August 5, 1996, to look at San Timoteo Canyon and our town for the purpose of designating San Timoteo Canyon as a National Park. CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the minutes of the regular meeting of July 2, 1996, were unanimously approved as submitted. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, bills and salaries were unanimously ordered paid. July 16, 1996 Page 3 Resolution No. 5295 - Salary - On motion of Councilmember Larson, seconded by Councilmember Banda, the City Council adopted Resolution No. 5295, a resolution of the City of Redlands rescinding Resolution No. 5200 establishing a salary scheduled and compensation plan for City employees and reflecting the changes approved by the City Council during its budget study sessions and recommendations from the City Manager. Councilmember Cunningham abstained from voting on this matter. Resolution. No. 5303 - Weed Abatement Charges - On motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council adopted Resolution No. 5303, a resolution of the City Council of the City of Redlands providing for the assessment of costs resulting from the abatement of weeds which constitute a fire hazard. Mayor Pro Tem Gilbreath abstained on this item due to a possible conflict of interest. License Agreement - ESRI - On motion of Councilmember Cunningham, seconded by Councilmember Larson, the City Council unanimously approved the Environmental Services Research Institute (SSRI) beta site and software license agreement, Contract No. 96-A1204, and directed that a letter of appreciation be sent to SSRI. This software is being provided to the City's Municipal Utilities Department at no charge with initial applications to the Water and Wastewater Collection Facilities System Master Plans and Water Resources Management Plan. Access Agreement - California Department of Water Resources - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously approved an access agreement with the California Department of Water Resources for entry to City-owned property and authorized the Mayor to sign the agreement on behalf of the City. As part of the plan to transport water from the State Water Project to the San Gorgonio Pass Water Agency, the California Department of Water Resources is conducting an investigation of alternate pipeline routes. Resolution No. 5305 - Traffic - Following brief discussion, on motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council unanimously adopted Resolution No. 5305, 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 Tenth Street at State Street. Resolution. No. 5306 - Speed Zones - Councilmember Gil expressed concerned about increasing the speed limit on San Bernardino Avenue. Public Works Director Mutter explained State law regarding speed studies and noted that the Police could not use radar unless a current speed study has been conducted. July 16, 1996 Page 4 Councilmember Cunningham felt we need to communicate with the State lawmakers that this was a "bad law" and requested early enforcement and another survey done to see if speed limits could be legally lowered. On motion of Councilmember Gilbreath, seconded by Councilmember Larson, the City Council adopted :Resolution. No. 5306, a resolution of the City Council of the City of Redlands setting speed limits on San Bernardino Avenue pursuant to Title 10 of the Redlands Municipal Code, with Councilmember Gil voting NO. Resolution No. 5307 - DRBA Fees - Following brief discussion, on motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5307, a resolution of the City Council of the City of Redlands establishing fees for services, programs and activities administered by the Downtown Redlands Business Association. Funds - Steele Foundation - Following brief discussion, on motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council unanimously authorized an expenditure of $25.00 from the Steele Foundation Grant fund to pay for anti-graffiti treatment for the Citrus mural located on the building at the southeast corner of State and Sixth Streets. Resolution No. 5309 -Parkview Terrace Project- On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No. 5309, a resolution of the City Council of the City of Redlands authorizing the execution of an assignment and assumption agreement and other documents relating to the City's 1991 Multifamily Housing Revenue Bonds (Parkview Terrace Project) financing. Councilmember Cunningham noted that this was the fifth complex in bankruptcy and yet the State continues to demand we build and subsidize more. Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously authorized an agreement with Gas Control Engineering, Inc. in the amount of $65,124.00 plus a contingency amount not to exceed $5,000.00 (maximum total of $70,124.00) for landfill gas engineering and monitoring services for the California Street Landfill. Agreement - California Street Landfill - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously authorized an environmental services agreement with Tom Dodson & Associates in the amount of$22,770 .00 for environmental consulting services for the California Street Landfill, vertical landfill expansion and Borrow Site expansion. July 16, 1996 Page 5 Resolution No. 5310 - "California First" Congressional Summit - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council unanimously adopted Resolution No. 5310, a resolution of the City Council of the City of Redlands endorsing "California First" Congressional Leadership Summit to be held at the Southern California Association of Governments (SLAG) on August 19, 1996. PLANNING AND COMMUNITY DEVELOPMENT Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the report of the Planning Commission meeting held on July 9, 1996, was unanimously acknowledged as received. Ordinance Text Amendment No. 248 - Texaco - Community Development Director Shaw reported that Texaco Refining and Marketing recently received approval of a modification to their Conditional Use Permit for the Texaco service station located at 1600 Industrial Park Avenue. One of the outstanding issues at this site was the applicant's desire to have multiple tenant signage by placing both "Texaco" and "Subway" on the freestanding sign. Dual-tenant signs are prohibited by the Redlands Sign Code. The applicant has filed for an Ordinance Text Amendment to resolve this issue by permitting such a sign. The Sign Code Ad Hoc Committee has had two meetings and will continue to meet over the next several months until all policy issues pertaining to signs have been adequately addressed. The committee will definitely be reviewing this issue and many related issues in a comprehensive manner. It is staff s opinion that it is premature to make any policy decisions on this issue until the Sign Code Ad Hoc Committee has thoroughly addressed it. On May 28, 1996, the Planning Commission voted to deny this application. Councilmember Cunningham moved to deny the request for Ordinance Text Amendment No. 248 and refer this matter to the Sign Code Ad Hoc Committee for review. Motion seconded by Councilmember Banda and carried unanimously. July 16, 1996 Page 6 COMMUNICATIONS Citrus Plaza Regional Mall - Councilmember Cunningham had nothing to report at this time. Redlands Fashion Center - City Manager Luebbers reported the weekly development meetings continue with representatives from the Redlands Fashion Center and that an additional $10,000.00 has been deposited towards the development agreement. Krikorian Project - City Manager Luebbers reported that survey work stated today on the Krikorian Theatre project's property. Negotiations with Edison have been completed and the project is proceeding with a November/mid- December completion expected. Legislative Bulletins - Staff was directed to send letter to State legislators indicating the following: oppose AB 317 (shopping cart retrieval); oppose AB 2640 (sales tax exemption - exclusion of fuel taxes); oppose AB 1949 (public contracts, retention funds); oppose AB 2345 (truck weights violations, lessening of penalties); oppose AB 638 (concealed weapons permits - preemption of local discretion); support AB 2579 (adult entertainment - local control); and Oppose AB 1770 (municipal utilities - deposits - collections of non-payments). San Timoteo Creek Channelization - Councilmember Cunningham noted the Board of Supervisors has approved the assessment district for the San Timoteo Creek flood control project and the Army Corps of Engineers is moving ahead with the concrete channel, and moved to continue our efforts to communicate our concerns to all entities involved and include the ballot language the City Council is proposing for flood control funds. Motion seconded by Councilmember Larson and carried unanimously. Appointments - Parks Commission - Mayor Larson moved to reappoint Ellen G. Weisser and Craig Wesson to four year terms on the Parks Commission and to appoint Don Gifford to a four year term on the Parks Commission. Motion seconded by Councilmember Gilbreath and carried unanimously. Appointment - Traffic and Parking Commission - Mayor Larson moved to appoint Clarence Peterson to complete the unexpired term of Leigh Giarde on the Traffic and Parking Commission to December 20, 1997. Motion seconded by Councilmember Gilbreath and carried unanimously. California Street Landfill - Horizontal Expansion - Municipal Utilities Director Phelps presented an update on the proceedings for the horizontal expansion of the California Street Landfill. Staff is proceeding with the environmental and July 16, 1996 Page 7 design processes necessary to continue development for the expansion of the California Street Landfill. The Municipal Utilities Department will accept proposals from both environmental consultants and landfill design engineers within the next 45 to 60 days. At that time, staff will return to the City Council to obtain approval for these agreements. Palm Trees Sale- This item was continued to the 7:00 P.M. session. JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY Resolution No. 5311 - RDA Project Area - Administrative Services Director Pettus reminded Councilmembers they had preliminarily approved low- and moderate-income housing set-aside funds for the rehabilitation of 12 apartment units owned by Judith Wirtz-Gray. The apartment complex is located outside of the Redevelopment Project Area boundaries; however, Redevelopment Agency funding is permissible when housing projects will benefit the community and assist in meeting low- and moderate-income housing requirements. Expressing appreciation to staff for processing this application in a timely and efficient manner, Councilmember Gil moved to adopt Resolution No. 5311, a resolution of the City Council of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redevelopment Project Area for property located at 209, 213, and 217 Judson Street, Redlands, California. Motion seconded by Councilmember Banda and carried unanimously. (Also see Redevelopment Agency minutes for July 16, 1996.) HOME Consortium Agreement - Administrative Services Director Pettus explained that in 1990, the United States Congress enacted the Cranston Gonzales National Affordable Housing Act. Title II of the Act creates the HOME Investment Program in Affordable Housing that provides funds to states and local governments "to provide incentives to develop and support affordable rental housing and home ownership opportunities through the acquisition, construction, reconstruction, or substantial rehabilitation of affordable housing, including real property acquisition, site improvement, conversion, demolition, and other expenses including financing costs, relocation expenses of any displaced persons, families, businesses, organizations and to provide tenant- based rental assistance." Participating jurisdictions can identify their preferences for projects to be funded with. HOME funds; however, there is a 25 percent match of non-Federal funds for this activity. In addition, the County will allow the City to enter into a subrecipient agreement which will enable the City to administer its own HOME funds. This will allow us to take a more active role identifying what we want or need. Councilmember Gil moved to authorize continuance of the cooperation agreement with San Bernardino County for the purpose of participating as a Consortium with other general local governments for the purpose of receiving and administering HOME funds and July 16, 1996 Page 8 authorized the Mayor and City Clerk to sign said agreement on behalf of the City. Motion seconded by Councilmember Banda and carried unanimously. (Also see Redevelopment Agency minutes for July 16, 1996.) CLOSED SESSION The City Council meeting recessed at 4:03 P.M. to continue the Redevelopment Agency meeting and reconvened at 5:00 P.M. to a closed session to hold a conference with its labor negotiator, Gary Luebbers, relating to the General Employees Association of Redlands. The City Council meeting reconvened at 7:00 P.M. PRESENTATIONS Proclamation - Arrowhead Christian Academy - Mayor Larson presented a proclamation to Superintendent Darrell Passwater extending the City Council's heartfelt appreciation to the staff and student body of Arrowhead Christian Academy. Arrowhead Christian Academy organized fund raising activities collecting over $22,000.00 and utilized the funds to purchase a Crime Scene Van for the Redlands Police Department. Acting Police Chief Hyman also thanked them and reported the Police Department has now enhanced their ability to collect and preserve evidence at crime scenes at no cost to the citizens of Redlands. Sister City Visitors - Mayor Larson introduced Jerad Bailey, Maria Batla, Julia Laurin, Erin Leebolt, Aaron Michelson, Aaron Nessman, Jeff Roberts, Ian Smith, and Sarah Smith. These nine students and two chaperones, Diana Sommer and Ellie O'Brien, will be traveling to our Mexico Sister City this summer. They will leave Redlands on August 2 and spend two weeks in San Miguel de Allende along with five students from Hino City, our Japan Sister City. Boys and Girls Club - Mayor Larson and Councilmember Gil welcomed students from the Future Leadership Program at the Redlands Boys and Girls Club of Redlands as they were introduced by Monica Hernandez. Each student was presented a City Seal pin from Councilmember Gil. PUBLIC HEARINGS Appeal - Pharoah's Lost Kingdom Sign - Public hearing was advertised for this time and place to consider an appeal filed by Aladdin Entertainment, Inc. of a decision of the Environmental Review Committee to require the preparation of a focused environmental impact report to examine the potential aesthetic and July 16, 1996 Page 9 visual impacts of a proposed freeway-oriented sign at the Pharaoh's Lost Kingdom theme park. Principal Planner Eric Norris reported the applicant has proposed the construction of a freeway-oriented sign within the Pharoah's Lost Kingdom theme park to advertise the park. The sign, as proposed, is approximately 100 feet high with an overall sign area (not including the supporting columns) of 1,827 square feet. Included in the sign is a lighted "reader board" of approximately 692 square feet. Illustrations of the proposed sign were provided as well as comparison examples of signs which comply with the Sign Code. Mr. Norris noted, although the sign itself is not an issue before the City Council at this time, the following actions have been applied for in order to allow the construction of the sign: (1) an ordinance text amendment to add "theme parks" to the list of uses which can construct freeway-oriented signs. Currently, the Redlands Municipal Code only allows establishments offering food, lodging, or motor fuel to construct freeway-oriented signs; (2) a variance from the size limits imposed by the Redlands Sign Code on freeway- oriented signs. The proposed sign, at a size of approximately 1,827 square feet, exceeds the 120-square foot size limit for a freeway-oriented sign; and (3) a variance from the limits imposed by the Redlands Sign Code on the content which may be placed on a freeway-oriented sign. The letters proposed for the theme park sign exceed the maximum size imposed by the Code. In addition, an electronic "reader board" is proposed; the Sign Code does not permit these types of displays; and(4) a revision to the Conditional Use Permit for the theme park to show the placement of the sign and its configuration. Mr. Norris said staff examined the proposed sign in the context of its potential environmental impacts and determined the following: the proposed sign, by virtue of its design, size, and orientation, will be highly visible to motorists on the I-10 Freeway and from other locations; the proposed sign has the potential to intrude on views of the San. Bernardino mountains and other vistas as seen by persons traveling on the I-10 Freeway; the size of the proposed sign exceeds the standards established by the City for such signs and conflicts with policies contained in the Redlands General Plan and the East Valley Corridor Specific Plan which seek to preserve views of the mountain backdrop; and a number of comments have been received by the City expressing concerns that the proposed sign would have a negative impact on the appearance of the area. Applying California Environmental Quality Act (CEQA) standards, the Community Development Department staff and the Environmental Review Committee (ERC) recommended the preparation of a focused environmental impact report to fully examine the proposed aesthetic and visual impacts of the proposed sign. Staff and the ERC concluded that a fair argument could be made that the proposed sign will cause a significant, adverse impact on aesthetics and the visual character of the area; therefore, based on the standards established by CEQA, the preparation of an environmental impact report is required. July 16, 1996 Page 10 The aesthetic impact analysis which staff and the ERC recommended should be conducted for such an EIR would include the following: an overall analysis of the viewshed in which the sign would be placed; color photographic simulations of the proposed sign from several vantage points on and off the freeway; and a written, quantitative analysis of the proposed sign's impact using criteria established by the Federal Bureau of Land Management. Mr. Norris concluded his report responding to the appellant's comments contained in the appeal that while the proposed sign will not "block" a view of a scenic vista, it will intrude upon the view and that an official "flag test" has not been conducted for this sign. Mayor Larson declared the meeting open as a public hearing for any questions or comments. Speaking on behalf of The Redlands Association Board of Directors, Tex Moore urged performance of a focused EIR. Representing the applicant, Pat Meyer urged the City Council to make the determination that a Negative Declaration could be prepared for this project. Allan Durkovic, Project Manager for The Complex Business Park located on Orange Tree Lane, urged the preparation of a focused EIR. There being no further comments, the public hearing was declared closed. Councilmembers discussed this matter at length. Councilmember Gil moved to uphold and grant the appeal and determined that the evidence available at this time does not support a finding that significant adverse environmental impact would result from the proposed sign and referred the application to the Sign Code Ad Hoc Committee and Planning Commission for advisory action, alternatives, and recommendation. The motion was seconded by Councilmember Gilbreath. Councilmember Cunningham was assured by the City Attorney that the City Council could still consider requiring an ETR in the future depending on the recommendations of these advisory bodies. The motion then carried with Councilmembers Cunningham and Banda voting NO. Ordinance No. 2326 - Adult Uses - Public hearing was advertised for this time and place to consider Ordinance No. 2326, an urgency ordinance of the City of Redlands extending a moratorium on adult uses and allowing applications for exceptions as to adult uses within the City. Community Development Director Shaw said on June 4, 1996, the City Council adopted, as an urgency measure, an interim zoning ordinance relating to the establishment of adult uses in the City of Redlands. Pursuant to Government Code Section 65858, that interim ordinance expires 45 days from the date of its adoption. However, the ordinance may be extended after appropriate notice and public hearing for an. additional period of ten months and fifteen days. Government Code Section 65858 further provides that 10 days prior to any extension of an interim ordinance, the City Council must issue a written report describing the measures July 16, 1996 Page 11 taken to alleviate the condition which led to the adoption of the ordinance. This staff report, which was filed with the City Clerk on June 27, 1996, complies with this requirement. Mr. Shaw reported that staff has continued and accelerated its work on an ordinance that includes collection of information, research an devaluation of our existing ordinances and zone districts, and an initial analysis of potential sites for establishment of adult uses based on the criteria of existing zones and defined distances from schools, parks, and churches. State has also contacted the League of California Cities, nearby cities that are working on similar legislation, and planning organizations for information pertaining to the establishment of adult uses. The collection of information is in process; however, we can anticipate another 30 to 60 days before adequate information is available to begin preparing an ordinance that is comprehensive and legally adequate. Based on the complexity of the issues involved, current workload in the Department and limited staff, it is recommended that the moratorium on adult businesses be extended to the full extent of that permitted by Government Code Section 65858. Mayor Larson declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. City Clerk Poyzer read the title of Ordinance No. 2326, an urgency ordinance of the City of Redlands extending the moratorium on adult uses and allowing applications for exceptions as to adult uses within the City of Redlands imposed by Ordinance No. 2324 (Government Code Section 65858), and on motion of Councilmember Cunningham, seconded by Councilmember Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2326 was adopted by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda; Mayor Larson NOES: None ABSENT: None NEW BUSINESS Resolution No. 5304 - Orange Tree Lane Parking Regulations - Public Works Director Mutter reported at the June 27, 1996, the Traffic and Parking Commission voted unanimously to recommend to the City Council that a no parking zone be established on Orange Tree Lane from California Street to 340 feet easterly and two-hour parking, Monday through Friday, from the no parking zone to 1,500 feet east of California Street. This action was taken in response to a request received from Allan Durkovic, Project Manager for The Complex Business Park. Employees of Pharoah's Lost Kingdom theme park are parking on. Orange Tree Lane and consequently causing visibility problems for drivers exiting driveways in the area and also causing general congestion on the street. Mr. Richard Woodhouse, General Manager of Pharoah's, informed Councilmembers these parking regulations were acceptable. Mr. Durkovic felt July 16, 1996 Page 12 an additional 100 feet of red curb was needed. Councilmember Banda moved to adopt Resolution No. 5304, 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: establish a no parking zone on Orange Tree Lane from California Street easterly for a distance of 500 feet and a two-hour parking zone, Monday through Friday, 8:00 A.M. to 6:00 P.M., from the east end of the foregoing no parking zone to approximately 1,500 feet east of California Street. Motion seconded by Councilmember Cunningham and carried unanimously. Funds - Steele Foundation - Administrative Services Director Pettus reported that each year the Cultural Arts Commission submits a strategic plan for City Council approval, identifying the group's strengths, weaknesses, threats, opportunities, objectives and strategies and recommends annual arts scholarships. Commissioners would like to proceed with the allocation of pre- approved scholarship funds without having to ask for City Council action for each award. In addition, Commissioners have expressed concern over the process required to access funds for the arts programs, and agreed that a policy from the City Council would be helpful. They are seeking City Council authorization to spend up to $250.00 with a majority vote of the Cultural Arts Commission. Any proposed expenditures above $250.00 would be taken to City Council for approval. Further, the Commissioners understand that the expenditures must be consistent with both the approved Cultural Arts Commission strategic plan and established City purchasing policies and procedures. Councilmember Gilbreath moved to approve the request from the Cultural Arts Commission and authorized the Commission to spend Steele Foundation Grant funds not to exceed $250.00 per allocation and $1,500.00 per fiscal year. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5312 -Uniform Public Construction Cost Accounting Act- City Attorney McHugh presented a resolution for the City Council's consideration which would enable the City to take advantage of an alternative method of bidding and constructing public works projects than that presently provided for under State law. The Public Contract Code presently requires the City to provide notice and require competitive bids for any public works project which exceed a value of$5,000.00. In recent discussions with the Municipal Utilities Department and the City Manager, it was suggested that the City Council consider taking advantage of the procedures of the Uniform Public Construction Cost Accounting Act which generally provides that (1) public projects of $25,000.00 or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order; (2) public projects of$75,000.00 or less may be let to contract by informal procedures as set forth in the Act; and (3) public projects of more than $75,000.00 shall, except as otherwise provided in the Act, be let to contract by formal bidding procedure. July 16, 1996 Page 13 If the City Council takes advantage of this Act, it must enact an informal bidding ordinance to govern selection of contractors to perform public projects that are greater than $25,000.00 but less than $75,000.00. Mr. McHugh further explained what this ordinance would include. Following discussion, Councilmember Gilbreath moved to adopt Resolution No. 5312, a resolution of the City Council of the City of Redlands relating to the construction of public projects pursuant to the Uniform Public Construction Cost Accounting Act. Motion seconded by Councilmember Gil and carried with Councilmembers Cunningham and Banda voting NO. Contract Award - Community Center - Bids were opened and publicly declared on June 27, 1996, by the City Clerk for the installation of a new roof and HVAC upgrades for the Redlands Community Center; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department, with the concurrence of the County Economic and Community Development Department that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City was Paul Wilson Construction, based in Fontana, in the amount of $164,877.00, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember Larson, seconded by Councilmember Banda, this recommendation was unanimously approved. Contract Award - Hillside Cemetery - Bids were opened and publicly declared on July 8, 1996, by the City Clerk for the construction of the Hillside Cemetery grading and improvements project; a bid opening report is on file in the Office of the City Clerk. This project will construct curb, gutter, streets, irrigation watermain, and storm drain improvements on the vacant land in the southwest portion of the cemetery adjacent to Block 8. Public Works Director Mutter reported that 11 bids were received. The apparent low bid received from Eastland Construction, Inc. was not a responsive bid since they failed to acknowledge either of the two addendums. This occurred because Eastland did not purchase a set of plans and specifications, and the firm that did make the purchase did not forward said addenda to Eastland. Upon recommendation of staff and the concurrence by the City Attorney, this bid should be rejected. The bid received from California Engineering & Grading, Inc. is the lowest responsive/responsible bidder. After checking all bids, an arithmetic error was found in their bid placing them in second place. The corrected bid amounts were presented to the City Council. At this time, it was the recommendation of staff that the responsive/responsible bidder submitting the bid for said project which will result in the lowest cost to the City was California Engineering & Grading, Inc., Fontana, in the amount of $341,961.00, 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 Banda, this recommendation was unanimously approved. July 16, 1996 Page 14 Palm Trees Sale - This item was continued from the afternoon session. Public Works Director Mutter reported there are approximately 40 date palm trees located within street right-of-way along the west side of Wabash Avenue between Fifth Avenue and Seventh Avenue. These date palms have been the source of a number of complains from several area residents. The palms drop fronds and fruit and case a general mess in the area. As with most palm trees in the City, routine trimming is not currently being accomplished. The current plan is to remove these trees at such time as the street widening project along Wabash Avenue between I-10 and Fifth Avenue proceeds. Mr. Thomas Wright has offered to purchase and remove a number of these palm trees for $300.00 per tree. This would provide up to $12,000.00 to the General Fund which could be appropriated for contract tree trimming or other uses as designated by the City Council. Al Webster, Park Superintendent, has looked at these trees and feels that the sale should be made due to the high degree of maintenance required, mostly the constant removal of palm fronds, along Wabash Avenue. Representing Palm Trees by: Thomas Wright, Large Tree Brokers, Tom Richard Stevens was present to answer questions. Expressing an interest in the offer but wanting the Parks Commission to participate in the discussion, Councilmember Cunningham moved to refer this matter to the Parks Commission for their recommendation. Motion seconded by Councilmember Gil and carried unanimously. July 16, 1996 Page 15 UNFINISHED BUSINESS Outside City Utility Connections - Ordinance No. 2301, relating to utility connections for nonresidential development outside the City boundaries, and Ordinance No. 2302, relating to utility connections for residential development outside the City boundaries, were continued to September 3, 1996, as recommended by staff. Ordinance No. 2299 - Cable TV Regulations - Teri. A. Scott, Director of Franchising, TCI Cablevision of California, Inc. presented a letter dated July 16, 1996, with an eight-page attachment comments on issues and areas of disagreement which will be issues during the franchise negotiation if not addressed in this ordinance. Noting we do not have anyone on staff with the necessary expertise, Councilmember Cunningham suggested preparing a proposal for a temporary employee to assist in the negotiations to bring the franchise agreement issue to a closure. Councilmembers concurred with this suggestion. Ordinance No. 2299, an ordinance of the City of Redlands amending Chapter 5.76 of the Redlands Municipal Code relating to the granting and regulation of franchises for cable communications systems, 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. 2299 was adopted by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda; Mayor Larson NOES: None ABSENT: None The City Council meeting briefly recessed at 8:57 P.M. and reconvened at 9:05 P.M. Resolution No. 5300 - Election - City Attorney McHugh presented proposed initiative ordinances for November ballot to validate and approve the tax established by Ordinance No. 2242 and to establish a two percent utility users' tax. He is still in the process of preparing initiative ordinances for the admission/entertainment tax and the assessment taxes. Councilmember Banda expressed concerns she has heard from her constituents regarding the misconception that if both utility tax initiatives are approved. Councilmember Cunningham noted a sunset was not included in the validation initiative. He also suggested holding the election on the utility users' tax initiatives in March rather than November. Councilmember Gilbreath indicated she would have a hard time carrying this into March. Councilmember Larson moved to continue this discussion to August 6, 1996, at 9:00 A.M. Motion seconded by Councilmember Gil and carried unanimously. July 16, 1996 Page 16 Appointments - Utility Users' Tax Task Force - Mayor Larson said he would announce his appointments to this task force on August 6, 1996. PUBLIC COMMENTS Guide Dog Training - Accompanied by her Guide Dogs of the Desert puppy in training, Carol Edwards expressed concern that she was not allowed to stay at the summer concert in the Redlands Bowl with her guide dog puppy in training. Council directed staff to review this situation. ADJOURNMENT There being no further business, the City Council meeting adjourned at 9:34 P.M. to an adjourned regular meeting to be held on Tuesday, August 6, 1996, at 9:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street, Redlands, California. City Clerk July 16, 1996 Page 17