HomeMy WebLinkAbout090297-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 September 2,
1997.
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
Lewis W. Nelson, Police Chief
Jeffrey L. Shaw, Community Development Director
Afternoon session only:
Michael Reynolds, City Treasurer
Tina Kundig, Interim Finance Director
Mel Enslow, Fire Chief
Gary G. Phelps, :Municipal Utilities Director
Peter A. Laaninen, Assistant Public Works Director
Joshua Lowe, Redlands Daily Facts
Courtney Challos,Press Enterprise
Cerise Valenzuela, San Bernardino County Sun
ABSENT None
The meeting was opened with an invocation by Mayor Larson followed by the
pledge of allegiance.
INTRODUCTIONS
Candidates - Mayor Larson introduced City Councilmember candidates present
at this session of the meeting: Tony Martinez, Robert Mollenauer,
Councilmember Gilberto Gil, and Mayor Pro Tem Pat Gilbreath.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by Council-
member Gil, the minutes of the regular meeting of August 5, 1997, and the
adjourned regular meeting of August 13, 1997, were unanimously approved as
submitted.
September 2, 1997
Page 1
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gil, bills and salaries were unanimously ordered paid.
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the report of the Planning Commission
meeting held on August 12, 1997, was unanimously acknowledged as received.
Ordinance No. 2350 - Nuisance Hearings - Ordinance No. 2350, an ordinance
of the City of Redlands amending Chapter 8.04 of the Redlands Municipal Code
pertaining to nuisance hearings to reflect the current address of the City Council
Chambers, was adopted on motion of Councilmember Gilbreath, seconded by
Councilmember Gil,by the following vote:
AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda;
Mayor Larson
NOES: None
ABSENT: None
Ordinance No. 2359 - Parking of Commercial Vehicles - Ordinance No. 2359,
an ordinance of the City of Redlands amending Chapter 10.40 of the Redlands
Municipal Code relating to the parking of commercial vehicles, was adopted on
motion of Councilmember Gilbreath, seconded by Councilmember Gil, by the
following vote:
AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda,
Mayor Larson
NOES: None
ABSENT: None
Contract Award - Gas Extraction Wells - Bids were opened and publicly
declared on August 14, 1997, by the City Clerk for construction of the gas
extraction wells and associated piping at the California Street Landfill, Project
No. 3-9718A; a bid opening report is on file in the Office of the City Clerk.
Municipal Utilities Director Phelps reported that a review by his staff of the
apparent low bid, submitted by Foothill Engineering and Dewatering, Inc.
revealed their bid bond was not prepared on the City bid bond form and failed
to provide for recovery by the City of incurred attorneys' fees if suit is brought
upon the bond. The City Attorney has advised that Foothill's bid bond is
unacceptable as the irregularity is substantial and is not in the City's best
interest. Therefore, Foothill's bid is non-responsive and cannot be accepted.
The apparent second low bid was submitted by GCE Technologies, Inc. GCE
submitted its bid on photocopies of the original forms, did not return the entire
booklet, and did not provide references for its drilling subcontractor as required
in the Instruction to Bidders. However, staff does not believe that these
irregularities are substantial. The subcontractor's references were subsequently
September 2, 1997
Page 2
provided and were found to be satisfactory. Staff believes that it is in the City's
best interests to waive these irregularities. GCE's bid and bid bond were
checked and found to be satisfactory. The bid is approximately $3,000.00 less
than the Engineer's Estimate and is within the expected range of bids. It was the
recommendation of the Municipal Utilities Department that the City Council
waive the irregularity in the bid submitted by GCE Technologies, Inc. and
award the contract for this project to GCE Technologies, Inc. in the amount of
$21,056.13. Following brief discussion, on motion of Councilmember Banda,
seconded by Councilmember Cunningham, this recommendation was
unanimously approved.
Agreement- Yoga Classes - On motion of Councilmember Gilbreath, seconded
by Councilmember Gil, the City Council unanimously approved an independent
contractor agreement between the City of Redlands Recreation Division and
Urmila More to provide yoga contract classes at the Community Senior Center
and authorized the Mayor and City Clerk to sign the document on behalf of the
City.
Agreement - United Way Scholarships - On motion of Councilmember Larson,
seconded by Councilmember Banda, the City Council approved a Member
Agency Agreement between the City of Redlands Recreation Division and the
United Way of the East Valley to provide scholarships for youth sports and
contract classes, and authorized the Mayor and City Clerk to sign the document
on behalf of the City, with Councilmember Gilbreath abstaining from the vote
due to a possible conflict of interest.
Membership Contract - AG Employers, Inc. - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved a Membership Contract with AG Employers, Inc. For assistance in
marketing of City-owned citrus as recommended by the Citrus Preservation
Commission and authorized the Mayor and City Clerk to sign the document on
behalf of the City.
Agreement - California Street Landfill - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved an agreement with 3D GeoServices, Inc. to provide hydrogeologic
and regulatory compliance services for the California Street Landfill vertical
expansion and authorized the Mayor and City Clerk to sign the document on
behalf of the City.
September 2, 1997
Page 3
Agreement - California Street Landfill - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
approved an agreement with HDR Engineering, Inc. to provide design
engineering services for the California Street Landfill vertical expansion,
preliminary closure and post closure maintenance plans.
PLANNING AND COMMUNITY DEVELOPMENT
Residential Development Allocation - The Osborne Development Company -
Community Development Director Shaw presented a summary sheet listing the
recommended points award in each of the 18 categories examined by the
Planning Commission and/or Department in regards to Residential Develop-
ment Allocation 97-III-1 for 58 single family homes in Tract 15040, located
east of Ford Street and west of Golden West Drive. Mr. Shaw noted the
applicant has exceeded the minimum number of points needed to be given a
building permit under provisions of Measure N. Following brief discussion,
Councilmember Larson moved that the City Council accept the recommenda-
tions of the Planning Commission, Historic and Scenic Preservation
Commission, City staff, and the Redlands Unified School District for points to
be awarded to this project and approve Residential Development Allocation No.
97-III-1. Motion seconded by Councilmember Banda and carried unanimously.
COMMUNICATIONS
League of California Cities Legislative Bulletin - Councilmembers concurred to
direct staff to write letter to our legislators indicating the following positions:
support AB 233 (moving violation funds); oppose AB 62 (elimination of City
veto authority on city detachments); oppose AB 673 (collective bargaining);
support SB 60 (seismic retrofit of toll facilities); oppose AB 1519 (public
employees retirement); and support AB 1016 (peace officers -personnel files).
League of California Cities Voting Delegate - The League of California Cities'
Annual Conference is scheduled for Sunday, October 1.2 through Tuesday,
October 14, 1997, in San Francisco. The business meeting will be held on
Tuesday, October 14, 1997, at 9:30 A.M. at Moscone Convention Center.
Indicating he did not feel City monies should be expended for him to attend this
conference just prior to his retirement, Mayor Larson moved to designate
Councilmember Cunningham to attend as a voting delegate, and
Councilmember Banda to attend as the alternate voting delegate. Motion
seconded by Councilmember Banda and carried unanimously.
Appointments - Human Relations Commission - Mayor Pro Tem Gilbreath
moved to nominate Eleanor Douglass to a four-year term on the Human
Relations Commission to fill the vacancy created by the resignation of David
September 2, 1997
Page 4
Diver. Motion seconded by Councilmember Gil and carried unanimously.
Councilmember Gil moved to nominate Mary Louise Gonzales to a four-year
term on the Human Relations Commission to fill the vacancy created by the
termination of Larraine Townend. Motion seconded by Councilmember Banda
and carried unanimously.
Colton and Wabash Avenues Intersection - Mayor Larson gave accolades to
Public Works Director Ronald C. Mutter and his staff for their well-done,
concise application to SANBAG for the improvements at the Colton/Wabash
Avenues intersection. He announced this project is on the SANBAG list for
funding for this year. Commending Mayor Larson for his efforts to obtain these
funds, Councilmember Gil asked to have a written financial report before
annexation of the Redlands East Valley High School discussions are resumed.
JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY
Resolution No. 5412 - Great Neighborhoods Program - Police Chief Nelson
reported that staff has qualified additional participants in the Great Neighbor-
hoods Program. The participants are requesting assistance with exterior
painting and/or roofing. Councilmember Gil moved to adopt Resolution
No. 5412, a resolution of the City Council of the City of:Redlands authorizing
the use of low- and moderate-income housing funds outside the Redlands
Project Area. Motion seconded by Councilmember Larson, and carried
unanimously. (Also see Redevelopment Agency minutes dated September 2,
1.997.)
CLOSED SESSION
The City Council meeting recessed at 3:23 P.M. to a Redevelopment Agency
meeting and reconvened at 3:26 P.M. to a closed session to discuss the
following:
1. Conference with labor negotiator- Government Code §54967.6
Agency negotiator: Gary Luebbers
Employee organization: Redlands Association of Safety Management
Employees
2. Conference with legal counsel: Existing litigation - Government Code
§54956.9
- Mark Major v. City of Redlands (Worker's Compensation)
2. Conference with legal counsel: Existing litigation - Government Code
§54956.9 (continued)
- Robert Rodriguez v. City of Redlands (Worker's Compensation)
- City of Redlands v. County of San Bernardino
(SVC 33330 and SVC 34737)
September 2, 1997
Page 5
The meeting reconvened at 7:00 P.M.
INTRODUCTIONS
Candidates - Mayor Larson introduced City Councilmember candidates present
at this session of the meeting: Robert Mollenauer, Dave Eason, Tim Johnson,
Councilmember Gilberto Gil, and Mayor Pro Tem Pat Gilbreath.
PUBLIC HEARING
Ordinance No. 2354 - Lot Line Adjustments - Public hearing was advertised for
this time and place to consider Ordinance No. 2354, an ordinance of the City of
Redlands adding Chapter 17.64 to the Redlands Municipal Code relating to lot
line adjustments. Community Development Director Shaw explained that the
proposed ordinance will add Section 17.64 to the Redlands Municipal Code and
amend the current lot line adjustment procedure. In most cases, these requests
will no longer require review and approval by the Planning Commission. This
ordinance text amendment will allow the Director of the Community
Development Department or his/her designee to administratively approve the lot
line(s) between two or more adjacent parcels where the land taken from one
parcel is added to an adjacent parcel, and where no additional parcels are
created, and provided that said lot line adjustment meets all the necessary filing
criteria, procedures, findings and provisions of Section 17.64.020-050 of the
proposed Code section. In the event that some lot line adjustments do not meet
all the necessary criteria, this amendment still gives the Director of Community
Development the discretion to forward the request to the Planning Commission
for their review and action. 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 Gilbreath moved to approve the
Environmental Review Committee's Negative Declaration for Ordinance
No. 2354 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 Gil and carried unanimously. Ordinance No. 2354
was read by title only by City Clerk Poyzer, and on motion of Councilmember
Gilbreath, seconded by Councilmember Gil, further reading of the ordinance
text was unanimously waived, and Ordinance No. 2354 was introduced with
unanimous Council approval and laid over under the rules with adoption
scheduled for September 16, 1997.
NEW BUSINESS
September 2, 1997
Page 6
Ordinance No. 2362 - Ephedrine Purchases - Police Chief Nelson explained the
illicit-drug market took a dangerous twist several years ago with the aggressive
emergence of the street drug methamphetamine. This stimulant, unlike cocaine,
can be manufactured with the use of readily available chemicals. Along with.
the creation of the illegal drug comes the resulting hazardous materials, by-
products, poisonous fumes, fire hazard and explosion risk. A more recent
problem has been the emergency of the small "kitchen labs" which now account
for over 95 percent of the manufacturing arrests made the Redlands narcotics
unit. These labs pose a greater danger to the public safety as they are often
located in residential areas of motels. One of the main components or precursor
to the manufacture of methamphetamine is the compound pseudoephedrine.
This compound is a major element in a number of over-the-counter
decongestants, antihistamines, and pep pills. Illicit-drug manufactures utilize
these over-the-counter drugs in extracting the ephedrine base so that it can be
used for methamphetamine manufacturing. The proposed ordinance will restrict
the sale or purchase of pseudoephedrine based products to two packages with a
count of 24 or less, or more than one package when the count is in excess of 24
per package. This will severely restrict the access to pseudoephedrine based
products by drug manufactures without limiting the purchase of such products
for legitimate medical use. Ordinance No. 2362, an ordinance of the City of
Redlands adding Chapter 9.34 to the Redlands Municipal Code relating to the
regulation of ephedrine purchases, was read by title only by City Clerk Poyzer,
and on motion of Councilmember Gilbreath, seconded by Councilmember Gil,
further reading of the ordinance text was unanimously waived, and Ordinance
No. 2362 was introduced with unanimous Council approval and laid over under
the rules with adoption scheduled for September 16, 1997.
Hillside Memorial Park Study Committee - Responding to recent criticism of
maintenance at Hillside Memorial Park, Councilmember Cunningham
suggested forming a committee, such as was done for Caroline Park, to create
an endowment for the cemetery. Councilmembers felt the cemetery staff does a
commendable with the funds available, but agreed the endowments now
received are not able to keep up with today's cost. Councilmember
Cunningham stated with the nature of this community, he felt they would be
open to such a concept. Mayor Larson stated this was an excellent idea whose
times has come. Councilmember Cunningham moved to begin the process to
establish a committee. Councilmember Larson seconded the motion which
carried unanimously.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:12 P.M. The next regular meeting will be held on September 16, 1997.
September 2, 1997
Page 7
City Clerk
September 2, 1997
Page 8