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HomeMy WebLinkAbout091796-ccr_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 September 17, 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 Lewis W. Nelson, Police Chief Ronald C. Mutter, Public Works Director John Andrews, Redlands Daily Facts Alisa Slaughter, San Bernardino County Sun ABSENT None San Timoteo Canyon Fire - Late in the afternoon of Monday, September 9, 1996, the Redlands Fire Department was dispatched to a vegetation fire in San Timoteo Canyon which was apparently started by a Southern Pacific train. Broadcast on every major news channel nationwide, the fire threatened millions of dollars of property. Although it holds the record for the biggest fire in Redlands, there was no loss of lives nor homes thanks to the professionalism of Fire Chief Mel Enslow and his dedicated fire crews. Noting the fire required 165 firefighters, at least as many news media personnel (who insisted that freedom of the press entitles them to be in the same place at the same time), 40 engines, four handcrews, two helicopters, one bulldozer, and three fixed wing air tankers to bring it under control, Chief Enslow said it was truly a team effort and expressed appreciation for the mutual aid from neighboring fire departments and our own Police Department and its Civilian Volunteer Patrol, Public Works Department, and Municipal Utilities Department. Battalion Chief Larry Taylor took control of the fire and set up "Canyon Incident Command" and made sure that all the equipment and manpower were in the right place at September 17, 1996 Page 1 the right time doing the right tasks. City Treasurer Mike Reynolds and employee Teresa Ballinger drove to Carl's Jr. to pick up food and soft drinks for the firefighters that evening. Many of those firefighters were present in the audience to hear Mayor Larson commend, on behalf of the citizens of Redlands, Chief Enslow, the Redlands' firefighters and other staff members for their efforts as he expressed the City Council's pride in its employees. The meeting was opened with an invocation by Councilmember Banda followed by the pledge of allegiance. CONSENT CALENDAR Minutes - Councilmember Cunningham moved to approve the minutes, of the regular meeting of September 3, 1996, as revised September 5, 1996, which clearly indicate that the version of Ordinance No. 2301 adopted was the one presented at the June 4, 1996, Council meeting. Motion seconded by Council- member Gilbreath and carried unanimously. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Gil,bills and salaries were unanimously ordered paid. Fee Waiver - On motion of Councilmember Gilbreath, seconded by Council- member Gil, the City Council unanimously approved the waiver of fees in the amount of $220.00 for use of the Sewall Theatre by the Friends of Prospect Park. Conflict of Interest Code - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously acknowledged it had reviewed its Conflict of Interest Code and found that the following amendments were necessary at this time and directed staff to prepare the legislation necessary in accordance with Government Code Section 87306.5: 1. Include new positions: Chief of Water Resources and Utilities Operations Principal Planner 2. Amend Resolution No. 4667 to incorporate current provisions required by Government Code Section 87302 (Political Reform Act of 1974 as amended to January 1, 1996). Development Impact Fees Annual Report - Councilmember Cunningham moved to approve the Annual Report of Development Impact Fees for the year ended June 30, 1996, which was prepared by Finance Director Chapman in. accordance with Government Code Section 66006, and directed staff to prepare an accounting of the debt for City Council examination. Motion seconded by Councilmember Banda and carried unanimously. September 17, 1996 Page 2 Funds - 1995-96 Year-End Encumbrances - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved additional appropriations to the 1996-97 budget year for all 1995-96 year-end encumbrance balances. This is an annual recurring housekeeping item. Because expenditures of previously encumbered items will occur in 1996- 97, these appropriations will prevent overspending of the current year budget. Agreement - Worker's Compensation and Liability Programs - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Advance Risk Management Techniques, Inc. (ARM Tech) as the City's actuarial consultant for the self-insured worker's compen- sation and liability program and authorized the Mayor to execute the agreement on behalf of the City. Resolution No. 5319 - DBE Program - Following brief discussion, on motion of Councilmember Gil, seconded by Councilmember Gilbreath, the City Council unanimously adopted Resolution No. 5319, a resolution of the City of Redlands establishing a Disadvantaged Business Enterprise (DBE) Program, appointing a DBE liaison officer, establishing DBE goals, and rescinding Resolution No. 5214. State and Federal agencies require this program prior to performing street construction projects using Federal and/or State highway monies. Financing - Traffic Signal - Following brief discussion, on motion of Council- member Gil, seconded by Councilmember Gilbreath, the City Council unanimously approved two-year financing for UDO Partners VIII, L.P. for an amount not to exceed $16,250.00 for its share of the cost of the installation of a traffic signal at Barton Road and Bellevue Avenue. The Note will be secured by a Second Trust Deed on the property. Contract - Cablevision Negotiations - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an extension through. December 31, 1996, of the contract with Mr. Gerald Hanson. for consulting services relating to the City's negotiations with TCI Cablevision, Inc. over its franchise. September 17, 1996 Page 3 Lease Agreement - Photocopier - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a five-year agreement with Xerox Corporation for the lease of a Xerox 5065FIN photocopy machine for use by the Police Department and authorized the Mayor to sign the document on behalf of the City. Supplemental Law Enforcement Oversight Committee - Police Chief Nelson responded to questions from the City Council. Councilmember moved to recommend the appointment of the current president of the San Bernardino County Chiefs Association and the City of Highland's City Manager, Sam Racadio, to the Supplemental Law Enforcement Oversight Committee established under provisions of Assembly Bill 3229. Motion seconded by Councilmember Banda and carried unanimously. 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 September 10, 1996, was unanimously acknowledged as received. COMMUNICATIONS Citrus Plaza Regional Mall - Councilmember Cunningham had no comment on this matter at this meeting. Redlands Fashion Plaza - On behalf of the Redlands Fashion Plaza, Mr. Terry Lowe announced that Taubman Company revealed at through a press release issued on Monday, September 16, 1996, that they have signed a development agreement and look forward to moving ahead with the Redlands Fashion Center project. Appointments - Airport Advisory Board - Mayor Larson moved to nominate Albert Briccetti and Jesse Siglow for reappointment to the Airport Advisory Board. Motion seconded by Councilmember Banda and carried unanimously. Prospect Park Carriage House - Public Works Director Mutter informed the City Council that the Friends of Prospect Park are completing a beautiful and successful project of renovation and improvements to the Carriage House at Prospect Park. They are proposing that the facility be used for a variety of civic purposes and be made available for certain public uses. Staff has met with representatives and discussed a proposed agreement to provide management of the facility. The proposal prepared by the Friends of Prospect Park outlines the various responsibility of the Friends and the City. Staff concurs with this September 17, 1996 Page 4 proposal subject to the preparation of a formal document by the City Attorney. The Parks Commission reviewed this matter at their September 12, 1996, meeting and recommended approval. On behalf of the Friends of Prospect Park, Dale Bauer urged the City Council to approve this proposal. Mayor Larson commend Jane Hillsen, President of the Friends, and her group and Bob Carruthers for a job well done. Councilmember Gilbreath moved to approve the concept of a management agreement between the City of Redlands and the Friends of Prospect Park, directed staff to prepare the final agreement, and authorized the Mayor to sign the agreement on behalf of the City. Motion seconded by Councilmember Banda and carried unanimously. CLOSED SESSION The City Council meeting recessed at 3:21 P.M. to a Redevelopment Agency meeting and reconvened at 3:22 P.M. to a closed session to discuss the following matters: I. Conference with labor negotiator Agency Negotiator: Gary Luebbers Employees: Redlands Police Officers Association and Redlands Professional Fire Fighters Association 2. Conference with labor negotiator Agency Negotiator: Daniel J. McHugh Employee: Gary M. Luebbers The City Council meeting reconvened at 7:00 P.M. UNFINISHED BUSINESS Ordinance No. 2302 - Utility Connections - Residential Development - Municipal Utilities Director Phelps explained that Ordinance No. 2302, an ordinance of the City of Redlands amending Chapter 13.60 of the Redlands Municipal Code relating to utility connections for residential development outside City boundaries, was brought before the City Council on June 4, 1996, and continued to allow input from the public. Letters were sent to persons speaking to the City Council, and staff met with Pat Meyer and Jimmy Hicks. Their concerns were reviewed and addressed to the extent appropriate. Mr. Phelps then explained the changes contained in the document presented at this meeting. Councilmembers discussed annexation requirements for property in the Mentone area with the City Attorney assuring them this document did not require existing development to annex to the City and that only property contiguous to the City's boundaries would be annexed. Harold Morris and Jim Ver Steeg addressed Council about their concerns regarding property in Mentone. Councilmember Cunningham moved to approve the Environmental September 17, 1996 Page 5 Review Committee's Negative Declaration for Ordinance No. 2302 based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's guidelines. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO. Ordinance No. 2302 was read by title only by City Clerk Poyzer, and on motion of Councilmember Cunningham, seconded by Councilmember Banda, further reading of the ordinance text was waived, and Ordinance No. 2302 was introduced and laid over under the rules with second reading scheduled for October 1, 1996, with Councilmember Gilbreath voting NO. Ordinance No. 2331 - Hazardous Waste Disposal Fees - Ordinance No. 2331, an ordinance of the City of Redlands amending Chapter 3.66 of the Redlands Municipal Code relating to solid waste disposal fees and establishing the residential household hazardous waste disposal fee, was given its second reading of the title by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Gil, further reading of the ordinance text was unanimously waived, and Ordinance No. 2331 was adopted by the following vote: AYES: Councilmembers Gilbreath, Gil, Banda; Mayor Larson NOES: Councilmember Cunningham ABSENT: None Ordinance No. 2332 - Informal Bidding Procedures - In response to Council- member Cunningham's questions, City Attorney McHugh explained that this ordinance provides that all contracts having a value between $25,000.00 and $75,000.00 will be let according to the ordinance's provisions and will be awarded by the City Council; contracts for less than $25,000.00 may be performed for the City by day labor through negotiated agreement or by competitive bid and may be awarded by the City Manager or the appropriate department head. Ordinance No. 2332, an ordinance of the City of Redlands adding Chapter 3.74 to the Redlands Municipal Code establishing informal bidding procedures under the Uniform Public Construction Cost Accounting Act, was given its second reading of the title by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Gil, September 17, 1996 Page 6 further reading of the ordinance text was unanimously waived, and Ordinance No. 2332 was adopted by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda; Mayor Larson NOES: None ABSENT: None Economic Development - Citing a possible conflict of interest, Mayor Larson left the Council. Chambers. Mayor Pro Tem Gilbreath reported nothing was available from the League of California Cities regarding an Economic Devel- opment Commission, but urged the City Council to consider formation of an organization of volunteers to address this issue in the downtown area. Councilmember Cunningham indicated he was troubled forming a commission at this time noting that the Downtown Redlands Business Association was functioning well. Councilmembers Gil and Banda felt the idea was worth pursuing. Staff will prepare a draft ordinance for future discussion with the City Council as more information and direction from staff is received. Water and Sewer Line Oversizing PolicX - Municipal Utilities Director Phelps presented a memorandum discussing the reimbursement of costs for oversizing water and sewer mains from their nominally required size to master plan sizes and possible revisions of the Redlands Municipal Code related to capitalization and reimbursement of oversizing costs. He reviewed the current provisions in the Redlands Municipal Code for water and sewer lines. Based on several prospective developments over the last year, and the projection of limited fiscal resources in the Water and Sewer Capital Improvement funds which have become apparent in the fiscal projections done over the last year, staff has become concerned that the present policy for oversizing reimbursement may not be fiscally viable in that there would be insufficient balance in those funds to meet large oversizing cost reimbursement obligations, and that for long extension of lines, the present oversizing reimbursement policy would not be the optimal application of the City's limited fiscal resources, and that over time, such a fiscal obligation could have an effect on user rates. The City Attorney has reviewed this subject and concludes that the City can require the developer to "up-front" the full cost of oversizing and then be reimbursed by monies collected by the City from others benefiting from their uses of the oversized lines. Councilmembers concurred that an amendment is needed; staff will prepare a draft ordinance with examples and firmer numbers for the City Council to consider. NEW BUSINESS 1996-97 Budget - Finance Director Chapman presented the 1996-97 adopted budget book noting that since its adoption on June 18, 1996, there have been a September 17, 1996 Page 7 number of significant financial events and finding during the 1995-96 year-end closing process which have had a significant impact on the General Fund. These events include (1) the decision to place the utility users' tax on the March, 1997, ballot; (2) the discovery that only $850,000.00 of a total $1.65 million in surplus assets with PERS was available during 1996-97; (3) the need to establish a $245,255.00 reserve for 168 South Eureka Street improvements; and (4) the need to establish a reserve for the unexpended portion of the utility users' tax revenues for 1995-96 and 1996-97. These issues have all been addressed in the five-year budget summary, and there have been no changes to the final appropriations (actual spending authority) approved by the City Council on June 18, 1996. Councilmember Gilbreath moved to accept the 1996-97 Adopted Budget book including all modifications to the General Fund's 1996-97 funding plan as a result of the 1.995-96 year-end closing process. Motion seconded by Councilmember Larson and carried with Councilmember Cunningham voting NO. PUBLIC COMMENTS Mentone Annexation - Jim Ver Steeg was assured by the City Council that the property in the Greenspot area would not be subject to the provisions of Ordinance No. 2302 which was introduced earlier in this meeting. ADJOURNMENT There being no further business, the City Council meeting adjourned at 7:40 P.M. The next regular meeting will be held on October 1, 1996. City Clerk September 17, 1996 Page 8