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HomeMy WebLinkAbout031897-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 March 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 Larry E. Burgess, A. K. Smiley Public Library Director (afternoon session only) Gary G. Phelps, .Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter, Public Works Director Joshua Lowe, 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 Councilmember Banda followed by the pledge of allegiance. PRESENTATION Retirement Reco nig tion - Mayor Larson presented a plaque with the City seal and a gold watch to Don Morlan recognizing his service with the Redlands Fire Department from September 13, 1967, through February 5, 1997. Mr. Morlan has left a permanent stamp of professionalism, dedication to duty, fearless firefighting skills, pride in every task he has taken on, and is widely respected by his fellow firefighters. For those fortunate enough to have worked with him, they will tell you they are better for the experience. He also took good care of the employees' money in the City's Credit Union. He brought roses from his March 18, 1997 Page 1 garden to be proudly displayed on many of the service counters throughout the City. Don and his wife, Karen, are talented photographers and many of their fire apparatus photographs are on display in Fire Chief Mel Enslow's office. He watched over his crew members much like a mother watching her young, thus earning him the name "Mother Morlan." CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the minutes of the regular meeting of March 4, 1997, were approved as submitted by AYE votes of all present. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Banda,bills and salaries were ordered paid by AYE votes of all present. Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the report of the Planning Commission meeting held on March 11, 1997, was acknowledged as received by AYE votes of all present. Resolution No. 5357 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council adopted, by AYE votes of all present, Resolution No. 5347, 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 sign on College Avenue at Berkeley and Occidental Drives; erect stop sign on Campus Avenue at Berkeley and Occidental Drives; and remove yield signs on Occidental Drive at Campus Avenue. Resolution No. 5358 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council adopted,by AYE votes of all present, Resolution. No. 5358, 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: provide 30 feet of no parking zone on the south side of Brockton Avenue across from the entrance to the University of Redlands soccer field. Resolution No. 5359 - Disability Retirement - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council adopted, by AYE votes of all present, Resolution No. 5359, a resolution of the City Council of the City of Redlands determining that Claudia Swing is incapacitated within the meaning of the Public Employees' Retirement law for performance of her duties in the position of police officer. March 18, 1997 Page 2 Resolution No. 5360 - Election Results - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council adopted, by AYE votes of all present, Resolution No. 5360, a resolution of the City Council of the City of Redlands reciting the fact of the special municipal election held on Tuesday, March 4, 1997, declaring the following results and such other matters as provided by law: Yes No Measure I -Utility Users Tax (special tax - failed) 3,948 3,539 Registered Voters 37,176 Turnout 7,701 Percentage Turnout 20.7% Fee Waiver - Sylvan Park - On motion of Councilmember Gilbreath, seconded by Councilmember Banda, the City Council approved, by AYE votes of all present, the request for waiver of fees for use of Sylvan Park by the American Heart Association on Sunday, April 13, 1997, for their annual Heart Ride. JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY Agreement - Audit Services - On motion of Councilmember Gilbreath, seconded by Councilmember Larson, the City Council approved, by AYE votes of all present, the auditing services agreement with Vavrinek, Trine, Day & Co. for fiscal year 1996-97 and authorized the Mayor to sign the agreement on behalf of the City of Redlands. (Also see Redevelopment Agency minutes dated March 18, 1997.) COMMUNICATIONS Utility Users' Tax - Referring to the election results (Resolution No. 5360), Mayor Larson felt it was unfair to continue to Utility Users' Tax approved by the City Council on April 19, 1994, and moved to direct staff to start the process to rescind Ordinance No. 2242 and schedule this matter on the April 1, 1997, City Council agenda. Councilmember Cunningham seconded the motion which carried by the following vote: AYES: Councilmembers Cunningham, Banda; Mayor Larson NOES: Councilmember Gilbreath ABSENT: Councilmember Gil March 18, 1997 Page 3 1997-98 Budget - City Manager Luebbers stated that as staff begins preparing the 1997-98 budget recommendations for presentation to the City Council, they are faced with a situation not faced in recent years. Because of the failure of the Utility Users' Tax on the ballot two weeks ago and the impending loss of nearly $3 million in revenues, he requested the City Council define certain parameters for budgeting. Regarding the $2 million in Utility Tax revenue reserves, Mayor Larson did not feel it fair to decide if these funds should be available until all Councilmembers are present; at the April 1, 1997, meeting, he would propose the funds be set- aside for public safety concerns including continuance of the paramedics at Fire Station No. 2, the DARE program, community policing, and disaster preparedness. Councilmember Cunningham indicated he has a problem spending money from a one-time source for on-going tasks; that he would like to consider placing a general tax and a paramedic tax on the November, 1997, ballot, and suggested use of the reserves to fund the budget through December. Councilmember Banda felt we should use the $2 million reserve. Councilmember Gilbreath felt it would be difficult to use the reserves for General Fund expenditures but did not feel we would lose the funds if they were used for the purpose originally intended. City Manager Luebbers then asked the City Council where the necessary reductions would come from. To assist the City Council in identifying the areas to be reduced, he submitted a menu of items for consideration with a total value of$1,609,000. The extent of the reductions needed to be implemented depends on two factors: whether the Utility Users' Tax reserve will be used or whether any funds will be set aside for employee salary adjustments. Several factors were considered in preparing the yearly projections provided which he and Finance Director Chapman reviewed in detail. Councilmember Gilbreath desired a zero-based budget and indicated she would review the proposed budget line-by-line. Councilmember Cunningham noted a 2 percent Utility Users' Tax would cover the shortfall; asked what the basis was for the revenue numbers; suggested looking for other streams of revenue for special uses; and indicated he would present his recommendations for budget reductions during the budget process. Mayor Larson felt the Sports Complex should remain on hold; desired to eliminate Commission staffing except for the Planning Commission; asked for a listing of fee waivers approved this past year noting the City Council should eliminate all future fee waivers; and wanted additional Code Enforcement. Dave Eason asked the City Council to include youth sports in their budget considerations and urged the City Council to re-evaluate City personnel and to train them for "total quality management." CLOSED SESSION March 18, 1997 Page 4 The City Council meeting recessed at 4:12 P.M. to a Redevelopment Agency meeting and reconvened at 4:14 P.M. to a closed session to discuss the following: 1. Conference with labor negotiator-Government Code §54957.6 Agency negotiator: Gary Luebbers Employee organization: Redlands Professional Firefighters Association The City Council meeting reconvened at 7:00 P.M. Civic Day - Mayor Larson welcomed the high school students present at this meeting who will participate in Civics Day on Thursday, March 27, 1997. PUBLIC HEARING Ordinance No. 2339 - Sign Standards - Citrus Village Shopping Center - Public hearing was advertised for this time and place to consider Ordinance No. 2339, an ordinance of the City of Redlands adopting Amendment No. 1 to Specific Plan No. 41 (Citrus Village Shopping Center located on the southwest corner of Cypress Avenue and Redlands Boulevard) concerning sign standards which address size, number, color and hours of illumination. Community Development Director Shaw explained that in August of 1996, the applicant (Golden State Ventures) applied for a Planning Commission review and approval for a pad building at the corner of Redlands Boulevard and Cypress Avenue in the Citrus Village Shopping Center (Lucky's). The applicant has proposed that the building house a Blockbuster Video and a second tenant. The applicant has applied to modify the sign program in this Specific Plan because it does not address the possibility (as in this case) that pad buildings could have more than one tenant. This causes complications with the sign program, prevents each tenant on a multiple-tenant pad from having a main identification sign, limits their available square footage, and limits the number of signs as compared to any other tenant in the shopping center. The applicant, staff, and the Planning Commission agreed on these aspects of the sign program which were presented to the City Council on. January 21, 1997. At the January 21, 1997, meeting of the City Council, a public hearing was held on the proposed amendment to the sign standards. During the public hearing, one citizen voiced concern over the "hours of illumination" of signs saying that some of the signs shine into her home. The City Council requested that the Specific Plan Amendment return to the Planning Commission to determine if "hours of illumination" should be addressed in the Specific Plan. Since the last hearing date, staff has found that the Specific Plan has language that refers back to the C-2 (Neighborhood Convenience) District of the Sign Code for any issue not covered in the Specific Plan. Section 15.36.440 (F)(1) prohibits the illumination of signage in the C-2 District from the hours between 10:00 P.M. and 6:00 A.M. Therefore, the issue of illumination of signs is currently March 18, 1997 Page 5 addressed in this Specific Plan. On February 24, 1997, the Planning Commission recommended that no change be made to the Specific Plan regarding hours of sign illumination. Mayor Larson declared the meeting open as a public hearing. On behalf of the applicant, Pat Meyer indicated their concurrence with the staff and Planning Commission recommendation. He noted they would be happy to live with the C-2 District standards but also felt that if Lucky's gets any special treatment, then all businesses in the C-2 District also be granted the same treatment. There being no further comments, the public hearing was closed. Ordinance No. 2339, an ordinance of the City of Redlands amending Ordinance No. 2078 relating to Specific Plan No. 41 of the City of Redlands (Citrus Village Shopping Center), was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Larson, further reading of the ordinance text was waived, and Ordinance No. 2339 was introduced and laid over under the rules with second reading scheduled for April 1, 1997, by AYE votes of all present. UNFINISHED BUSINESS Ordinance No. 2333 - Zoning Code Updates - Ordinance No. 2333, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code relating to miscellaneous zoning regulations, 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 waived, and Ordinance No. 2333 was adopted by the following vote: AYES: Councilmembers Gilbreath, Banda; Mayor Larson NOES: None ABSENT: Councilmember Gil ABSTAIN: Councilmember Cunningham Ordinance No. 2342 - M-F District - Noise Producing Equipment - 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, was given its second reading of the title by City Clerk Poyzer, and on motion of Councilmember :Banda, seconded by Councilmember Gilbreath, further reading of the ordinance text was waived, and Ordinance No. 2342 was adopted by the following vote: AYES: Councilmembers Gilbreath, Banda•, Mayor Larson NOES: None ABSENT: Councilmember Gil ABSTAIN: Councilmember Cunningham March 18, 1997 Page 6 Ordinance No. 2343 - Redlands Municipal Airport - Ordinance No. 2343, an ordinance of the City of Redlands amending Chapter 12.56 of the Redlands Municipal Code relating to the municipal airport and its flight patterns, 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 waived, and Ordinance No. 2343 was adopted by the following vote: AYES: Councilmembers Gilbreath, Cunningham, Banda; Mayor Larson NOES: None ABSENT: Councilmember Gil NEW BUSINESS Negative Declaration - Contract Award - 2100' Zone Transmission - Municipal Utilities Director Phelps reported that bids were opened and publicly declared on March 6, 1997, by the City Clerk for the 2100' Zone Transmission and Distribution Pipeline Project; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Municipal Utilities Department that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City was CNB Excavating, Inc. in the amount of $800,000.00, and it would be in the best interest of the City that this contract be awarded to said firm. Councilmember Gilbreath moved to approve the Environmental Review Committee's Negative Declaration for the 2100' Zone Transmission and Distribution Pipeline Project 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 AYE votes of all present. Councilmember Gilbreath moved to award the contract for construction of the 2100' Zone Transmission and Distribution Pipeline, Project No. 1-9736, to CNB Excavating, Inc. for replacement of certain portions of the 21.00' Zone water distribution system located in the northeast section of the City's water service area, subject to receipt of required submittals, and authorized the Mayor to execute a construction contract in the amount of $800,000.00. Motion seconded by Councilmember Banda and carried by AYE votes of all present. Resolution No. 5362 - Loma Linda Towing - Police Chief Nelson informed Councilmembers that he had been contacted earlier today by newly-retained legal counsel for Leopold Wenzel, owner of Loma Linda Towing, requesting this matter be continued. He suggested the City Council may proceed with the hearing because he felt sufficient notice had been given; that the Police Department has been dealing with this situation since last May which was March 18, 1997 Page 7 unfair to the other towing companies which are complying with the City's regulations. City Attorney McHugh advised the City Council to proceed with the hearing since all parties involved were present. Police Chief Nelson reviewed the staff report and reported that as a result of a January 16, 1997, inspection conducted by officers of the Redlands Police Department, the Department determined that Loma Linda Towing has continuously failed to comply with the following sections of the Redlands Municipal Code: R.M.C. 5.80.100 (b) Equipment Compliance - The company does not have the requisite equipment to handle the towing of large trucks, trailers, or tractors. R.M.C. 5.80.100 (d) Does not have sufficient equipment to provide expeditious movement of disabled vehicles involved in multi-vehicle accidents. R.M.C. 5.80.110 Storage - The company does not have sufficient storage space for vehicles which are towed or stored. R.M.C. 5.80.1.20 Record of impound or storage - (A)(6) The company lacks paperwork showing reasons for various towing charges (i.e. lien papers). R.M.C. 5.80.150 (b) No proof of auto insurance and continues to let such insurance lapse during the term of its franchise. R.M.C. 5.80.210 Minimum Service Requirement - Failure to provide the minimum tow trucks and drivers as required. An official from the Police Department and the City Attorney met with Mr. Leopold Wenzel, the owner of Loma Linda Towing, on February 18, 1997, at which time Mr. Wenzel claimed that the violations had been corrected. Mr. Wenzel agreed to a reinspection by officers from the Redlands Police Department. On February 1.8, 1997,. Loma Linda Towing was reinspected, and the inspecting Officers determined that the following violations had not been corrected: R.M.C. 5.80.1.00 (b) Equipment Compliance - the company does not have the equipment to handle large trucks, trailers, tractors or similar vehicles. There have been at least two recent occasions when Loma Linda Towing declined a requested Police Department tow because it did not have the equipment required to handle the tow. Loma Linda Towing's equipment does not allow for the towing of vehicles with air brakes as required by the California Vehicles Code and R.M.C. 5.80.040. The Police Department is using the CHP guidelines to identify the required tow truck classifications because they are based upon specifications developed by the March 18, 1997 Page 8 Department of Transportation, the California Vehicle Code, and original equipment manufacturer specifications. R.M.C. 5.80.100 (d) Does not have sufficient equipment to provide expeditious movement of disabled vehicles involved in multi-vehicle accidents. During the past inspections, Loma Linda Towing has only had one vehicle in Redlands. R.M.C. 5.80.1.20 Record of Impound or Storage - (A)(6) - Missing paper work showing reasons for charges. Officers found lien papers mission on every tow for August 1996 to present. R.M.C. 5.80.21.0 Minimum Service Requirement - Failure to provide the minimum number of tow trucks and drivers as required. The Redlands Municipal Code requires at least two trucks and drivers to be available for service. During both inspections, there was only one truck and one driver based in Redlands. This violation was confirmed by Officers' observations and the tow company manager's statements. No tows were involved in calls at the time of the inspections. Police Chief Nelson reported that officers of the Redlands Police Department have repeatedly found violations during every inspection since March, 1995. In July, 1996, Loma Linda Towing was advised by letter that they must have a Class "C" tow truck as described by the California Highway Patrol, and that they must maintain two tow trucks based within the City of Redlands. The owner has been either unwilling or unable to correct the violations. Police Chief Nelson recommended the City Council revoke the tow franchise for Loma Linda towing for repeated violations of conditions of the franchise and violations of the Redlands Municipal Code. Captain Cletus Hyman and Corporal Brad Kloepfer addressed the City Council reinforcing Police Chief Nelson's comments. Responding the Council's questions regarding notification of this hearing, Corporal Kloepfer said a letter was sent to Mr. Wenzel notifying him of this meeting. The letter, dated March 1, 1997, was sent by Certified Mail and a return receipt was signed by an employee of the business on March 1.1, 1997. Mr. Wenzel insisted he had not received the letter. City Attorney McHugh also reported he and Captain Hyman had, on February 18, 1997, a face-to-face conversation with Mr. Wenzel and one of his employees at which time they were told the City was going to proceed with the revocation hearing. Mr. Wenzel and Mario Gomez, Mr. Wenzel's manager, joined Amy Greyson, Brunick, Alvarez & Battersby, at the podium and addressed each alleged violation in a question/answer format. Mr. Wenzel insisted he had the proper March 18, 1997 Page 9 equipment to handle most of the Police Department's service and that there were always at least two tow trucks in Redlands available for service. Mr.Wenzel admitted he could not tow combination vehicles. He did acknowledge the trucks were not always at the business location, 535 West Stuart Avenue, but that drivers took the trucks home with them when they were on call. When asked by Councilmember Cunningham if his drivers had Home Occupation Permits, Mr. Wenzel responded they did not. Mr. Wenzel asserted the paperwork was done properly but Corporal Kloepfer stated the paperwork had not been available twice and that he had been accompanied by Police Officers Russ Dalzell and Ricky Smith on each visit and also witnessed the lack of records. Corporal Kloepfer stated Mr. Wenzel was never present for the inspections, and that he had worked with Mr. Gomez. Corporal Kloepfer reported the drivers of the tow trucks also did not maintain a copy of proof of insurance in the tow trucks as required by State law. Rodrigo Centeno, who has worked in the towing industry for many years, explained the uses of a Class A, B, and C tow truck at the request of Ms. Greyson. Ms. Greyson distributed copies of the following documents: Chapter 5.80 of the Redlands Municipal Code; a letter of application dated October 23, 1991, for a police towing franchise; Resolution No. 4842 adopted by the City Council on March 17, 1992, granting a tow franchise to Loma Linda Towing; correspondence from the City of Redlands Police Department dated May 20, 1996, June 10, 1996, July 5, 1996; responses from Robert A. Ring, Ring & Green, Attorneys at Law, dated June 24, 1996 and July 15, 1996; and a certificate of liability insurance from Babcock Insurance Service. City Attorney McHugh counseled Councilmembers that they had now heard from both sides and there were differences of interpretations; this is a two-year problem; that it is a privilege, not a right, to hold a franchise, and that Mr. Wenzel can reapply in the future. At the conclusion of the lengthy hearing, Councilmember Larson moved to adopt Resolution No. 5362, a resolution of the City Council of the City of Redlands rescinding Resolution No. 4842 and revoking the tow franchise of Loma Linda Towing. Motion seconded by Councilmember Cunningham and carried by AYE votes of all present. San Timoteo Canyon Road Bridge - Councilmember Banda announced the possibility of a grant application for additional linkage to the San Timoteo Canyon Road bridge under the alternative soft bottom design of the San Timoteo Creek and moved to refer this to the Public Works Department for study and that a designated employee of the Public Works Department serve as liaison between the City and the County of San Bernardino. Motion seconded by Councilmember Larson and carried by the following vote: March 18, 1997 Page 10 AYES: Councilmembers Gilbreath, Banda; Mayor Larson NOES: None ABSENT: Councilmember Gil ABSTAIN: Councilmember Cunningham Workers' Compensation Incentive Program - City Manager Luebbers said the amount of money spent on Workers' Compensation expenditures has been of great concern in the State of California and especially here in the City of Redlands, and he recommended establishing a Workers' Compensation Incentive Program. The purpose of the program will be to provide some positive motivation for employees to work safely and, as a result, reduce Workers' Compensation costs. Mr. Luebbers explained implementation of this program noting that if it does result in a savings, 65 percent of that savings would go directly to the employees in the form of a one-time only bonus. This bonus would be paid in the first quarter of the year following the calendar year in which a savings exceeding $25,000.00 was realized. A savings of less than that would mean less than $40.00 per employee and would not justify the paperwork and staff time involved to prepare the bonus checks. Councilmember Cunningham moved to adopt the City of Redlands Workers' Compensation Incentive Program as presented. Motion seconded by Councilmember Banda and carried by AYE votes of all present. Initiative Report - City Clerk Poyzer reported that Section 9212 of the California Elections Code provides the City Council the opportunity to refer a proposed initiative measure to staff for a report on any or all of the following: 1. Its fiscal impact. 2. Its effect on the internal consistency of the General Plan, specific plans, the housing element, the consistency between planning and zoning, the limitations on City actions under Section 65009 of the Government Code which relates to the prohibition of discrimination and Chapter 4.2 (commencing with Section 65913) entitled "Housing Development Approvals" and Chapter 4.3 (commencing with Section 65915) entitled "Density Bonuses and Other Incentives" of the Government Code. 3. Any other matters the City Council requests to be in the report. A notice of intent to circulate a petition submitted by William E. Cunningham, Geni A. S. Banda, and Rufus A. ("Tex") Moore entitled An Initiative Ordinance of the People of Redlands Establishing Principles of Managed Development and a summary prepared by the City Attorney was published in the Redlands Daily Facts on March 16, 1997. This report is required to be presented to the City Council no later than 30 days after the City Clerk certifies to the City Council the sufficiency of the petition. The report on the sufficiency of the petition is tentatively scheduled for June 3, 1997. If the City Council orders a report on the effect of this initiative ordinance, City Clerk Poyzer recommended it be March 18, 1997 Page 11 submitted at the July 1, 1997, Council meeting as this is the time she plans to present the resolution calling and giving notice of the November 4, 1997, election. The cost of the reports prepared in 1995 for Measure H were: Fiscal Impact Analysis - Stanley R. Hoffman& Associates $11,800.00 Planning Effect- Sharon Hightower Associates 13,200.00 Total Cost $25,000.00 Councilmember Gilbreath moved to refer the proposed initiative measure entitled An Initiative Ordinance of the People of Redlands Establishing Principles of Managed Development to staff for a report to be presented at the July 1, 1997, meeting in accordance with Section 9212 of the California Elections Code. The motion died for lack of a second. Councilmember Cunningham felt it was a waste of money last time; that the reports were available; and that the new initiative ordinance was a "new, improved, and smoother" version. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8:26 P.M. The next regular meeting will be held on April 1, 1997. City Clerk March 18, 1997 Page 12