HomeMy WebLinkAbout021897-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 February 18,
1997.
PRESENT Swen Larson, Mayor
Pat Gilbreath, Mayor Pro Tem
William E. Cunningham, 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
Don McCue, A. K. Smiley Public Library Archivist
Gary G. Phelps, Municipal Utilities Director
James R. Bueermann, Acting Police Chief
Ronald C. Mutter, Public Works Director
Peter A Laaninen, Assistant Public Works Director
John Andrews, Redlands Daily Facts
Alisa Slaughter, San Bernardino County Sun
Valeria Godines, Press Enterprise
ABSENT Gilberto Gil, Councilmember
The meeting was opened with an invocation by Mayor Larson honoring recently
deceased Gene Malone, and followed by the pledge of allegiance.
PRESENTATION
Inland Empire Economic Partnership - Brian Collins informed Councilmembers
the Inland Empire Economic Partnership has been busy sending positive
information to business decision makers across the United States extolling the
good news about the Inland Empire. He asked the City Council for their
continued participation and asked if they perhaps would consider increasing
their support from eleven cents to 33 cents per capita.
February 18, 1997
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CONSENT CALENDAR
Minutes - On motion of Councilmember Cunningham, seconded by Council-
member Gilbreath, the minutes of the regular meeting of February 4, 1997, and
the adjourned regular meeting of February 13, 1997,. were approved as
submitted by AYE votes of all present.
Bills and Salaries - On motion of Councilmember Cunningham, seconded by
Councilmember Gilbreath,bills and salaries were ordered paid by AYE votes of
all present.
Planning Commission Actions - On motion of Councilmember Cunningham,
seconded by Councilmember Gilbreath, the report of the Planning Commission
meeting held on February 11, 1997, was acknowledged as received by AYE
votes of all present.
Resolution No. 5353 - Candidates' Statements - On motion of Councilmember
Cunningham, seconded by Councilmember Gilbreath, the City Council adopted,
by AYE votes of all present, Resolution No. 5353, a resolution of the City
Council of the City of Redlands adopting regulations for candidates for elective
office pertaining to materials submitted to the electorate and the costs thereof
for the General Municipal Election to be held in Redlands on Tuesday,
November 4, 1997.
Funds - Agreement - Water Resources Management Plan - On motion of
Councilmember Cunningham, seconded by Councilmember Gilbreath, the City
Council approved and authorized execution of the engineering services
agreements with CH2M-Hill for continuation of the Water Resources
Management Plan to include Task Order No. 1.3 and approved an additional.
appropriation in an amount not to exceed $36,000.00 from current revenues to
fund the project by AYE votes of all present.
Resolution No. 5352 - Hazard Mitigation Grant - Firestorms - On motion of
Councilmember Cunningham, seconded by Councilmember Gilbreath, the City
Council adopted by AYE votes of all present Resolution No. 5352, a resolution
of the City Council of the City of Redlands approving the application for grant
funds under the Hazard Mitigation Grant Program funding related to the 1993
firestorms (FEMA 1005-DR) to establish a City-wide fire pre-incident planning
program with particular attention to high fire hazard severity zones within
Redlands.
Funds - Community Field - On motion of Councilmember Cunningham,
seconded by Councilmember Gil, the City Council approved an additional
appropriation, by AYE votes of all present, of $34,000.00 from the
February 18, 1997
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Miscellaneous Capital Improvement Fund (36 Fund) for the cost to repair and
replace the field light poles at Community Park.
COMMUNICATIONS
San Timoteo Canyon Property Proposal - The request by Betty Voss to address
the City Council regarding a proposal for property in San Timoteo Canyon was
rescheduled for the March 4, 1997, City Council meeting at the request of Ms.
Voss.
Utility Users' Tax Report - Finance Director Chapman presented the Utility
Users' Tax report for the second quarter of fiscal year 1996-97 for the City
Council's review. The recapitulation segment of the report highlighted the $1.9
million of Utility Users' Tax receipts currently in reserve as impounds pending
the final outcome of the Guardino Decision and all related legal actions. The
$2 million difference between the revenues and the authorized expenditures and
reserves, represents the Utility Users' Tax in support of on-going authorized
expenditures, maintenance of adequate General Fund cash flow and unreserved
fund balance. The General Fund began fiscal year 1996-97 with an unreserved
fund balance of$2.3 million and with the continuation of the Utility Users' Tax,
should finish the year with an estimated $1.8 million unreserved fund balance.
Without the tax after March, 1997, the estimated unreserved fund balance for
June 30, 1997, is $800,000.00 with deficits of $2.1, $2.6 and $2.5 million for
fiscal years 1997-98, 1998-99, and 1999-2000, respectively.
Appointments - Student Commissioners - This matter was continued to the 7:00
P.M. session in order for the students to receive their commissioner pins.
Unfortunately, the students were not present at that time. On motion of Mayor
Larson, seconded by Councilmember Gilbreath, student commissioners, as
recommended by Jan Meyers, Student Advisor at Redlands High School, were
appointed as follows:
Angel Hossain Human Relations Commission
Tiffany Wang Parks Commission
Sabrina Grewal Recreation Commission
Lucy Zahn Traffic and Parking Commission
Appointment - Library Board - Mayor Larson moved to nominate William D.
Hatfield to the Library Board to serve a three-year term to January 1, 2000.
Motion seconded by Councilmember Gilbreath and carried by AYE votes of all
present.
Sunkissed Square Dance Club - The Sunkissed Square Dance Club requested a
fee variance for the use of City facilities; no one was present at this meeting to
address their request. Administrative Services Director Pettus explained that on
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December 3, 1996, the City Council approved a lease agreement with the
Sunkissed Square Dance Club for the use of the multi-purpose room and kitchen
in the Community Center every Tuesday night and the Joslyn multi-purpose
room and kitchen two Saturdays per month. The rental rate is cited as $35.00
per use; the $15.00 per hour attendance fee is assessed at Joslyn when the
facility is closed. With the benefit of the annual lease agreement, Sunkissed
Square Dance Club is saving $5,490.00 per year. Ms. Pettus noted it is critical
to Recreation Division operations to charge the attendant fee. The difference
between their proposed rates and the approved agreement is only $140.00 for
the year. Based on this information, the City Council took no action on this
request.
Charter City Proposal - This communication matter was continued to the
7:00 P.M. session.
Mining and Water Facilities Subcommittee - In a memorandum from the San
Bernardino Valley Water Conservation District (SBVWCD) dated January 30,
1997, a Mining and Water Facilities Subcommittee, chaired by Burnie Cavender
of the SBVWCD, met and participants discussed their interests and needs for
mining and water facilities in the Santa Ana River Wash. Councilmember
Cunningham moved to direct staff to formally participate and become a party to
this subcommittee so that the City is insured that the other jurisdictions do not
come to closure on some issues without our being a full participant in them.
Motion seconded by Councilmember Larson and carried by AYE votes of all
present.
CLOSED SESSION
The City Council meeting recessed at 3:27 P.M. to a Redevelopment Agency
meeting and reconvened at 3:28 P.M. to a closed session to discuss the
following:
(a) Conference with real property negotiator
Property: Redlands Water Stock
Negotiating parties: Michael L. Huffstutler and Jack Dangermond
Under negotiation: Terms and price
(b) Conference with real property negotiator
Property: Assessor's Parcel No. 174-511-15
Negotiating parties: Jeffrey L. Shaw and Vellore Muraligopal
Under negotiation: Terms and price
(c) Conference with legal counsel - Existing litigation - Government Code
§54956.9(a)
- City of Redlands v. County of San Bernardino- Case No. SCV 28757
(d) Conference with real property negotiator
February 18, 1997
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Property: Assessor's Parcel. Nos. 175-241-06, 175-251-05,
and 294-091-06
Negotiating parties: Ronald C. Mutter and Frank Bianchini
Under negotiation: Terms and price
(e) Conference with real property negotiator
Property: Assessor's Parcel Nos. 293-161-35 and 294-041-01
Negotiating parties: Ronald C. Mutter and Betty Voss
Under negotiation: Terms and price
(This item was rescheduled for the March 4, 1997,. City Council meeting at
the request of Ms. Voss.)
The City Council meeting reconvened at 7:00 P.M.
PRESENTATIONS
Healthy Cities - On behalf of Healthy Cities, Gregory Shaffer informed
Councilmembers the City of Redlands was receiving a $5,000.00 grant from
Healthy Cities. This is the maximum amount available and Mr. Shaffer
commended the City staff and Councilmembers. He explained that Healthy
Cities began in 1988 and 29 cities are now involved in the program.
Commendations - Mayor Larson presented retiring Historic and Scenic Pres-
ervation Commissioners Karen Brandstater and Paul W. Foster City seal
plaques recognizing their service to the City. Both Commissioners have served
eight years on the Historic and Scenic Preservation Commission. During their
tenure, the following events occurred: approval of the East Fern Avenue
Historic District, Garden Hill Historic District, LaVerne Street Historic District,
and Smiley Park Historic District as well as approval of 95 Certificates of
Appropriateness and 42 designations of Historic Resources.
COMMUNICATIONS (continued from afternoon session)
Charter City Proposal - At the direction of Mayor Larson, City Attorney
McHugh briefly explained the difference between a charter city and a general
law city and the process to change to a charter city. Councilmember
Cunningham moved to authorize staff, especially the City Attorney, to explore
whether it makes sense to proceed with the idea of a charter city status and
bring a recommendation back to the City Council on March 18, 1997, as to
whether we should further the examination or not. Motion seconded by
Councilmember Banda. At first, Mayor Larson felt it was premature to take this
action noting he did not want to commit any money to this matter at this time.
With the understanding this would not become a full-time commitment with
staff he indicated he would support the motion. The motion carried by AYE
votes of all present. Under the Public Comments portion of the meeting, John
February 18, 1997
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Freedman informed the City Council his consulting firm had recently prepared a
pro and con report on this subject, and that he would provide a copy of said
report to the City free of charge.
PUBLIC HEARINGS
Ordinance No. 2333 - Zoning Regulations - Public hearing was advertised for
this time and place to consider Ordinance No. 2333, an ordinance of the City of
Redlands amending Title 1.8 of the Redlands Municipal Code relating to
miscellaneous zoning regulations and adopting Zoning Ordinance Text
Amendment No. 250. Councilmember Cunningham announced he had a
potential conflict of interest on this amendment and left the Council Chambers.
Community Development Director Shaw presented an analysis of each change
or group of changes included in this amendment which corrects errors and
clarifies zoning issues. Based on current State law, Section 42 (page 6) was
changed as follows: "18.192.020B(15). Family care home, foster home, or
group homes serving seven nine or more persons shall be permitted only in the
multiple-family residential subject to approval of a conditional use permit."
Mayor Larson declared the meeting open as a public hearing for any questions
or comments concerning this amendment. None being forthcoming, the public
hearing was declared closed. Councilmember Gilbreath moved to approve the
Environmental Review Committee's Negative Declaration for Ordinance No.
2333 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 by the following vote:
AYES: Councilmembers Gilbreath, :Banda; Mayor Larson
NOES: None
ABSENT: Councilmember Gil
ABSTAIN: Councilmember Cunningham
Ordinance No. 2333 was read by title only by City Clerk Poyzer, and on motion
of Councilmember Gilbreath, seconded by Councilmember Banda, further
reading of the ordinance text was waived, and Ordinance No. 2333 was
introduced with Council approval and laid over under the rules with second
reading scheduled for March 4, 1997, by the following vote:
AYES: Councilmembers Gilbreath, Banda; Mayor Larson
NOES: None
ABSENT: Councilmember Gil
ABSTAIN: Councilmember Cunningham
February 18, 1997
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Ordinance No. 2342 - Noise Standards - M-F District - Public hearing was
advertised for this time and place to consider Ordinance No. 2342, an ordinance
of the City of Redlands amending Section 18.68.180 of the Redlands Municipal
Code relating to noise producing equipment in the Medical Facility District and
adopting Zoning Ordinance Text Amendment No. 252. Councilmember
Cunningham announced he had a potential conflict of interest on this
amendment and left the Council Chambers. Community Development Director
Shaw explained the Redlands Municipal Code currently provides that all noise
producing equipment, such as compressors, heating and air-conditioning units,
etc. shall be insulated or enclosed so as to be "inaudible" at the property line. In
practice, this standard cannot be met; therefore, the City Council directed that
an amendment be prepared to provide more flexibility while staying within the
overall parameters of the Noise Element of the General Plan. The Redlands
Community Hospital is currently processing a conditional use permit for a
cogeneration facility for the Hospital. The noise from the cogeneration facility
and related mechanical equipment, while producing less noise than the current
operation, would still exceed the inaudible standard provided by the current
Code. The Planning Commission has recommended approval of Ordinance
Text Amendment No. 252 and postponed any decision on the conditional use
permit application for the Hospital pending the outcome of this amendment. He
explained in detail the proposed ordinance text amendment. Mayor Larson
declared the meeting open as a public hearing for any questions or comments.
Mr. John Shone told Councilmembers he had not yet had the opportunity to
review this ordinance but expressed his concern about enforcement capabilities
reminding the City Council of other equipment noise in the neighborhood. Tim
Johnson felt this ordinance would have solved Mr. Shone's past problem and
explained his understanding of the definition of 60 CNEL (Community Noise
Equivalent Level). With the knowledge that a unanimous vote was required due
to the absence of Councilmember Gil and abstention of Councilmember
Cunningham, Councilmember Banda moved to continue this public hearing to
March 4, 1997, to allow her additional time to study the matter. Motion
seconded by Councilmember Gilbreath and carried by AYE votes of all present.
Resolution No. 5344 - Municipal Airport Land Use Compatibility Plan- Public
hearing was advertised for this time and place to consider Resolution No. 5344,
a resolution of the City Council of the City of Redlands adopting the Redlands
Municipal Airport Land Use Compatibility Plan. Community Development
Director Shaw explained the Redlands Municipal Airport Land Use
Compatibility Plan is a planning document that will assist the City of Redlands
in complying with the guidelines of Assembly Bill No. 2831 which was adopted
by the State legislature in January, 1995. Adoption of the document, which is
the "alternative process" under the guidelines of AB 2831, will give the City
full control in decision making relative to what land uses and development
occurs near and around the Redlands Municipal Airport rather than an Airport
February 18, 1997
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Land Use Commission formed by the San Bernardino County. Mayor Larson
declared the meeting open as a public hearing for any questions or comments.
None being forthcoming, the public hearing was declared closed.
Councilmember Cunningham moved to approve the Environmental Review
Committee's Negative Declaration for the Redlands Municipal Airport Land
Use Compatibility Plan 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 Gilbreath and carried by AYE
votes of all present. Councilmember Cunningham moved to adopt Resolution
No. 5344. Motion seconded by Councilmember Gilbreath and carried by AYE
votes of all present.
NEW BUSINESS
City Vehicle Storage Yard - Police Captain Bueermann recommended the
Police Department be authorized to begin the process of establishing a City-
maintained vehicle storage yard. California Vehicle Code Section 14602.6,
which became effective January 1, 1995, provides for impoundment of vehicles
driven on public roadways for 30 days if the driver is operating the vehicle with
a revoked or suspended license or has never been issued a license. Last year,
224 vehicles falling under this statute were impounded, and it is expected that at
least 250 vehicles will be impounded in 1997. Cars impounded and stored for
the 30 days period can generate more than $600.00 each in storage and
processing fees. Police Department staff have examined the feasibility of
developing a City-owned and operated vehicle storage yard on the City-owned
four-plus acres located on Park Avenue, directly south of the City's Corporate
Yard. It is projected that the City has the potential ability to generate net
revenue to the General Fund of approximately $29,000.00 during the first year
and more than $79,000.00 each year thereafter. Councilmember Banda moved
to authorize the Police Department to begin the process of establishing a City-
maintained vehicle storage yard. Motion seconded by Councilmember Larson
and carried by AYE votes of all present.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:05 P.M. The next regular meeting will be held on March 4, 1997.
February 18, 1997
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City Clerk
February 18, 1997
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