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HomeMy WebLinkAbout120396-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 December 3, 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 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 The meeting was opened with an invocation by Councilmember Banda followed by the pledge of allegiance. PRESENTATION Resolution of Heroism - Mayor Larson presented a resolution expressing sincere appreciation to Redlands Daily Facts' photographer Scott Ruby for his heroic action on November 21, 1996,. when he assisted two women trapped in their car in a flood control channel full of running water. Many of Redlands' firefighters were present at this meeting and the audience honored Mr. Ruby with a standing ovation CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Council- member Cunningham, the minutes of the regular meeting of November 19, 1996, were unanimously approved as submitted. December 3, 1996 Page 1 Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, bills and salaries were unanimously ordered paid. Lease Agreement - Baseball for Youth - On motion of Councilmember Banda, seconded by Councilmember Cunningham, the City Council unanimously approved a lease agreement between the City of Redlands and Baseball for Youth and authorized the Mayor to execute the document on behalf of the City. This five-year agreement established a flat rate of$10,000.00 per year for field use and maintenance; Baseball for Youth will pay electrical charges directly to Edison. Tolling greement - TCI Cablevision - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously approved an extension of the current tolling agreement with TCI Cablevision of California, Inc. to March 31, 1997. Contract Award - Traffic Signal - Bids were opened and publicly declared on November 7, 1996, by the City Clerk for the construction of the Barton Road and Bellevue Avenue traffic signal project; 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 Computer Service Company in the amount of$85,914.00, 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 Cunningham, this recommendation was unanimously approved. Agreement - Landfill Gas Collection System - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously approved an agreement with HDR Engineering, Inc. to provide design engineering services for the horizontal gas collection system at the California Street Landfill. Memorandum of Understanding - Redlands Community Hospital - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously approved a Memorandum of Understanding between the City of Redlands Recreation Division and Redlands Community Hospital for the purpose of implementing the Community Challenge Grant Program and authorized the Mayor to execute the document. This program provides grant funds for the development of positive teen activities and education. Redlands Community Hospital will apply for the grant and provide medical and education services. The Recreation Division will provide teen recreational activities, peer counseling, leadership program, prevention/intervention programs, and parenting classes. Other programs and agencies, such as Toughlove, Safe December 3, 1996 Page 2 Haven, and San Bernardino County WIC, will also be incorporated into the teen challenge project. In exchange for providing recreation and educational programs, Redlands Community Hospital will pay the Recreation Division the sum of$30,000.00 to cover personnel, training, and material costs. Guidelines for Volunteer Projects - Parks - Following discussion, Council- member Gilbreath moved to adopt the guidelines for volunteer capital projects within the City parks system as recommended by the Parks commission and to include a definition of"capital projects." Motion seconded by Councilmember Banda and approved unanimously. Resolution No. 5335 - Disability Retirement - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously adopted Resolution No. 5335, a resolution of the City Council of the City of Redlands determining that Police Corporal Pedro Hernandez is incapacitated within the meaning of the Public Employees' Retirement Law and terminating his employment with the City effective December 4, 1996. Lease Agreement - Boys and Girls Club of Redlands - Ms. Monica Hernandez, President of the Redlands Boys and Girls Club, contacted staff to inquire about leasing a parking space in the City-owned parking lot located at the Joslyn Senior Center to auction to the highest bidder for exclusive use during Redlands Bowl performances. The spaces are currently used for performers and volunteers working on Bowl productions and are not available to the public; Joslyn Advisory Board members had no objections to this proposal as it will not impact senior activities. On motion of Councilmember Cunningham, seconded by Councilmember Gil, the City Council unanimously approved a lease agreement between the City of Redlands and the Boys and Girls Club of Redlands for one parking space in the Joslyn Senior Center parking lot and authorized the Mayor to execute the document on behalf of the City. Resolution No. 5336 - Conflict of Interest Code - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously adopted Resolution No. 5336, a resolution of the City Council of the City of Redlands adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974,by adding certain designated employees. Redlands Crossing Environmental Services - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously directed staff to negotiate a contract for environmental services for the "Redlands Crossing" commercial project to be paid for entirely by the applicant and authorized the Mayor to execute the agreement on behalf of the City subject to review by the City Attorney. December 3, 1996 Page 3 Cultural Arts Commission Strategic Plan - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the City Council unanimously approved the 1997 Strategic Plan as submitted by the Cultural Arts Commission. This document outlines and prioritizes programs and financial expenditures to be accomplished by the Cultural Arts Commission. COMMUNICATIONS Southern California Edison Company - Regional. Manager Ray Gonzalez introduced Beverly Powell who is now assigned to the Redlands' area. Mr. Gonzalez has been transferred to the San Bernardino City/County area. Councilmembers told him they had enjoyed working with him over the past years and welcomed Ms. Powell. Mill Creek Zanja Project - Mr. Jim Hutchinson from the Army Corps of Engineers presented a brief overview of the plans for the Expanded Inlet Project on the Mill Creek Zanja between Eighth Street and Sylvan Park. The Corps is nearing the completion of the feasibility study phase of the project. This study will determine the Federal interest in reducing flood damages along the Zanja. The Plans being considered at this time involve expansion of the inlet to the covered channel section of the Zanja at the Hatfield Buick dealership. Proposed plans will preserve a natural channel within the study area with consideration of native revegetation and other aesthetic treatments. Other measures may include the replacement of the bridge structures at Ninth Street and at Church Street. Rough estimate of this project is $1 million with the City's share estimated at $400,000.00 with construction scheduled to begin in the spring of 1998 and completion in the fall of the same year. Gertrude Hagum, who has been interested in this project for many years, expressed her desire that plans not include any flood waters in the Zanja. Citrus Plaza Regional Mall - Councilmember Cunningham did not have any comment on this subject at this meeting. East Valley High School Annexation - Councilmember Gil reported that the estimated costs for the improvements of the Colton and Wabash intersection are being studied by School officials; a meeting with the Sunchase residents is scheduled to be held on. Thursday, December 12, 1996. CLOSED SESSION The City Council meeting recessed at 3:45 P.M. to a Redevelopment Agency meeting and reconvened at 3:48 P.M. to a closed session to discuss the following: December 3, 1996 Page 4 (a) Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - City of Redlands v. County of San Bernardino (Case No. SCV. 33330) (b) Conference with real property negotiator - Government Code Section 54956.8 - Property: APN's 175-012-02; 175-121-01, 02 San Timoteo Canyon south of Fern Avenue Negotiating Parties: Ronald C. Mutter and Josephine Hogue Under negotiation: Terms and price (c) Conference with real property negotiator - Government Code Section 54956.8 - Property: APN's 175-01.2-02; 175-1.21-01, 02; 294-051-03 San Timoteo Canyon south of Fern Avenue Negotiating Parties: Ronald C. Mutter and Josephine Hogue Under negotiation: Terms and price (d) Conference with real property negotiator- Government Code Section 54956.8 - Property: APN 168-121-06 San.Bernardino Avenue east of Judson Street Negotiating Parties: Ronald C. Mutter and Hinckley Family Under negotiation: Terms and price (e) Conference with real property negotiator - Government Code Section 54956.8 - Property: APN 294-041-01; 293-161-35 San Timoteo Canyon at Fern Avenue Negotiating Parties: Ronald C. Mutter and Elizabeth J. Voss Under negotiation: Terms and price Councilmember Cunningham announced he has a possible conflict of interest on this matter and would not participate in the conference. December 3, 1996 Page 5 (f) Conference with real property negotiator - Government Code Section 54956.8 - Property: APN's 175-241-05; 294-091-06 San Timoteo Canyon at Alessandro Road Negotiating Parties: Ronald C. Mutter and Metro California Business Enterprises Under negotiation: Terms and price The City Council meeting reconvened at 7:00 P.M. PRESENTATIONS Proclamation - Kimberly Crest Centennial Celebration - Mayor Larson presented a proclamation to Julian Blakely, President of the Kimberly-Shirk Association, declaring December 1996 through December 1997 as the Kimberly Crest Centennial Year and recognizing the Kimberly-Shirk Association for their vital service role in the education of the public. Kimberly Crest, a 61/4 acre estate including the French chateau style house and Italian gardens, is a City of Redlands' designated landmark and is on the National Register of Historic Places and is a State Historic Landmark. Mr. Blakely expressed his appreciation for the City's support and welcomed everyone to the beginning of the centennial celebration which will take place on December 8, 1996, at 6:00 P.M. with the lighting of the Christmas tree. Proclamation - Christmas Tree Recycling Week - Mayor Larson presented a proclamation to Municipal Utilities Director Phelps declaring the week of December 30, 1996, as Christmas Tree Recycling Week and urged all citizens to recycle their holiday trees and continue their efforts to "Reduce, Reuse and Recycle." Retirement Reco nig tion - Mayor Larson announced the City Council had earlier in the meeting approved the disability retirement for Police Corporal Pete Hernandez. Acknowledging Mr. Hernandez's presence, Mayor Larson recognized him for his many years of service and wished him well. PUBLIC HEARING Appeal - Minor Subdivision No. 236 - Public hearing was advertised for this time and place to consider an appeal filed in a timely manner by Terrance L. Emershy on the application for a proposed subdivision of 65.5 acres of land into four parcels and a remainder parcel in the A-1 (Agricultural) District, located west of Lisa Marie Lane, south of San Timoteo Canyon Road. Community Development Director Shaw explained the subject property is "landlocked" in the sense that it does not currently have access via a dedicated right of way until December 3, 1996 Page 6 this subdivision takes place. If the subdivision is approved, there will be an improved public access to San Timoteo Canyon Drive from Lisa Marie Lane which currently has an "offer of dedication." The parcel currently has access via easements to the east and west of the property. There were many issues related to this project such as: internal circulation access, fire service, and biological resources. Staff was able to work with the applicant to solve most of the issues through modifications of the subdivision, mitigation measures, or conditions of approval. On October 22, 1996, the Planning Commission voted 4-2 to approve Minor Subdivision No. 236 subject to Conditions of Approval contained in the Planning Commission minutes for that meeting. Mr. Emershy filed in an appeal to the City Council regarding the requirement to offer dedication on Kristy Marie Lane. Mr. Shaw reported that staff had originally requested the applicant provide immediate dedication of a public road with a 60 foot right of way through the site connecting to a secondary access point to the west. After numerous meetings with the applicant, staff agreed to change this requirement to an "offer of dedication" and allow Kristy Marie Lane to be built to standards below that for a standard public road. The applicant disagrees with the requirements and has appealed the Planning Commission's decision. Fire Chief Enslow and Police Chief Nelson explained the need for this street dedi- cation. Mayor Larson declared the meeting open as a public hearing. Bernie Meyer, engineer for the application, and Mr. Emershy addressed Council- members and urged them to relieve them of this requirement. There being no further comments from the audience, the public hearing was declared closed. Councilmembers discussed this matter at length with staff and the applicant. Determining that the Planning Commission's decision was appropriate, Councilmember Cunningham moved to approve Minor Subdivision No. 236 subject to conditions of approval as contained in the Planning Commission minutes dated October 22, 1996, and based on the following findings: 1. The design of the proposed subdivision is consistent with the General Plan for the City of Redlands; 2. The site is physically suitable for a four(4) lot subdivision; 3. The density of the proposed development is consistent with the City's General Plan and Zoning Ordinance; 4. The design of the subdivision is not likely to cause substantial environ- mental damage to fish and wildlife or their habitat; 5. The design of the subdivision as conditioned will not cause serious public health problems to the surrounding property owners or the public at large; and 6. Pursuant to California Government Code Section 66474.6, the discharge of waste from this subdivision will not result in violation of existing requirements prescribed by the Santa Ana Regional Water quality Control Board pursuant to Division 7 of the California Water Code. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath voting NO. December 3, 1996 Page 7 Resolution No. 5331 - Underground Utility District No. 10 - Public hearing was advertised and duly noticed for approval of the formation of Underground Utility District No. 10 on Eureka Street between Redlands Boulevard and Pearl Avenue. Mayor Larson stated he had a possible conflict of interest, and left the Council Chambers. Public Works Director Mutter explained that all pole, overhead wires and associated overhead structures will be removed and underground installations made in the District along with the course of the reconstruction and widening of Eureka Street. Costs associated with the undergrounding of facilities are paid by the various utility companies involved through the Rule 20 program. Mayor Pro Tem Gilbreath declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was closed. Councilmember Cunningham moved to adopt Resolution No. 5331, a resolution of the City Council of the City of Redlands establishing Underground Utility District No. 10 along Eureka Street between Redlands Boulevard and Pearl Avenue. Motion seconded by Councilmember Gil and carried by AYE votes of all present (Councilmember Larson having abstained from the vote). UNFINISHED BUSINESS Resolutions Nos. 5337-5338 - Special Municipal Election - March 4, 1997 - City Attorney McHugh presented a draft copy of proposed Ordinance No. 2340, an ordinance of the City of Redlands amending Chapter 3.64 of the Redlands Municipal Code relating to Utility Users' Taxes. On behalf of Southern California Edison, Southern California Gas, and GTE Telephone Operations, Ray Gonzalez requested the City Council to use the existing language regarding entities who will be exempt from payment of this tax. He also urged an exemption for electric vehicles and electric co-generators. This was discussed at length but no change was made to the proposed document as it was felt it was needed to make all utility companies comply with requirement to provide records as may be necessary (Section 3.64.130). Mayor Larson reviewed the provisions within the proposed ordinance for the four percent (4%) Utility User's Taxes which were unanimously approved by the citizens' advisory committee on November 25, 1996. City Manager Luebbers reviewed the list of uses for the anticipated revenues. Councilmember Larson moved to adopt Resolution No. 5337, a resolution of the City Council of the City of Redlands, California, calling and giving notice of the holding of a special municipal election and requesting the Board of Supervisors of the County of San Bernardino to render services to the City relating to the conduct of said election to be held on Tuesday, March 4, 1997.. Motion seconded by Councilmember Gilbreath. Prior to the vote, each Councilmember had the opportunity to express their views. The motion then carried with Councilmembers Cunningham and Banda voting NO. Councilmember Larson moved to adopt December 3, 1996 Page 8 Resolution No. 5338, a resolution of the City Council of the City of Redlands setting priorities for filing a written argument regarding a City measure and authorizing the following Councilmembers to file a written argument in favor of Ordinance No. 2340: Swen Larson, Pat Gilbreath, and Gilberto Gil. Motion seconded by Councilmember Gilbreath and carried with Councilmember:Banda voting NO. NEW BUSINESS Resolution No. 5339 - Traffic Regulations - Public Works Director Mutter reported the City Council has received a request to install a four-way stop at the intersection of Fern Avenue and Alvarado Street. This is a request which was considered by the Traffic and Parking Commission on May 23, 1996.. The Commission voted to deny the request because the intersection fell far short of meeting the warrants for a four-way stop. Fern Avenue is classified a collector street and Alvarado Street is classified a local street in the Circulation Element of the General Plan. Fern. Avenue is 60 feet wide curb to curb. Alvarado Street is 46 feet wide curb to curb and is currently controlled by stop signs in both directions at this location. The speed limit is 40 miles per hour on Fern Avenue and an unposted prima facie 25 miles per hour on Alvarado Street. The 40 miles per hour speed limit was posted in January 1995. following a speed survey and review by the Traffic and Parking Commission; the speed limit prior to that posting was 35 miles per hour. Visibility is good at the intersection. Mr. Mutter explained the use of warrants established in the California Department of Transportation Traffic Manual which are used by the City of Redlands. He also reported a tabulation of accidents over the past two years and the results of a recent traffic count. Based on the information available, it was staffs recommendation that the request for a four-way stop at this intersection be denied. Impassioned pleas were made by Joanne Curry, Shari West, and Daniel Nielson. A large audience was in attendance and applauded the neighbors presentations. Expressing his understanding of their concerns, Police Chief Nelson promised increased traffic enforcement upon receipt of a grant which has been approved for the City. Councilmember Gilbreath moved to adopt Resolution No. 5339, to be prepared following the meeting, to authorize the installation of stop signs on Fern Avenue at Alvarado Street to make this a four- way stop intersection. Motion seconded by Councilmember Banda and carried with Councilmembers Larson and Cunningham voting NO as they preferred traffic enforcement. Statement of Investment Policy - City Treasurer Reynolds presented a modified Statement of Investment Policy which included requirements mandated by State legislation placed into effect on January 1, 1996. He explained that various sections have been added to more fully explain the investment responsibilities and restrictions placed upon the Treasurer. The Treasurer's Investment Review December 3, 1996 Page 9 Committee has reviewed this policy and approved the changes. The committee consists of the City Treasurer and Deputy Treasurer, City Finance Director and Accounting Manager, San Bernardino County Investment Officer, Councilmembers Gilbreath and Cunningham, and Chief Financial Officers Beth Sanders of Redlands Centennial Bank and David Gray of Redlands Federal Bank. Councilmember Gilbreath moved to approve the Statement of Investment Policy as presented by the City Treasurer. Motion seconded by Councilmember Cunningham and carried unanimously. PUBLIC COMMENTS Police Salary Negotiations - On behalf of the members of the Redlands Police Officers Association, Darren Means, president, urged the City Council to consider pay raises for Redlands' police officers; he informed them they would need 21 percent to make their salaries comparable to neighboring cities. Jeff Sabatini told Councilmembers he felt police officers deserved an appropriate wage and that a serious evaluation was needed. Baseball for Youth - On behalf of the Baseball for Youth organization, Dave Easom thanked staff for the smooth process this past year in negotiations for the Baseball for Youth lease agreement and expressed their appreciation for the approval granted by the City Council during the afternoon session. ADJOURNMENT There being no further business, Mayor Larson wished everyone a happy holiday season and the City Council meeting adjourned at 9:17 P.M. The City Council will not meet on December 17, 1996; the next regular meeting will be held on January 7, 1997. City Clerk December 3, 1996 Page 10