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
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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
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(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
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(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
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