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HomeMy WebLinkAbout102197-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 October 21, 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 Jeffrey L. Shaw, Community Development Director Mel Enslow, Fire Chief Beatrice Sanchez, Deputy City Clerk Renee Hernandez, The Sun Ryan Slattery, Press Enterprise Joshua Lowe, Redlands Daily Facts Afternoon Session Only: Daniel J. McHugh, City Attorney Michael Reynolds, City Treasurer Tina Kundig, Interim Finance Director Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter,Public Works Director ABSENT None The meeting was opened with an invocation by Councilmember Gil, followed by the pledge of allegiance. Candidates - Mayor Larson introduced candidates present at this session of the meeting: Councilmember Gilberto Gil, Mayor Pro Tem Pat Gilbreath., Tim Johnson, and David Eason. CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the minutes of the regular meeting of October 7, 1997, were unanimously approved as submitted. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, bills and salaries were unanimously ordered paid. October 21, 1997 Page 1 Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Cunningham, the report of the Planning Commission meeting held on October 14, 1997, was unanimously acknowledged as received. 1996-97 Year-End Encumbrance Balances - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, additional appropriations to the 1997-98 budget year for all 1996-97 year-end encumbrance balances were unanimously approved. Proclamation - Red Ribbon Week - The City Council unanimously approved a proclamation declaring October 23-31, 1997, as Red Ribbon Week, and encouraged its residents to contribute to a drug and alcohol abuse-free society on motion of Councilmember Gilbreath, seconded by Councilmember Gil. Ordinance No. 2358 - Street Construction and Traffic Signal Construction Fees - Ordinance No. 2358, an ordinance of the City of Redlands amending Chapters 3.54 and 3.58 of the Redlands Municipal Code relating to street construction and traffic signal construction fees, 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. 2363 - Massage Establishments - Ordinance No. 2363, an ordi- nance of the City of Redlands amending Chapter 5.28 of the Redlands Muni- cipal Code relating to massage establishments, 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. 2366 - Cities Pavillion Development Agreement No. 9 - Ordinance No. 2366, an ordinance of the City of Redlands approving a development agreement with Cities Pavillion and authorizing the Mayor to execute the same, 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 October 21, 1997 Page 2 Agreement - Design of Colton Avenue and Wabash Avenue Intersection - Mayor Larson prefaced his motion by saying he was pleased to see a local firm located in Redlands for 75 years be successful in being awarded this contract. On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously approved a consultant services agreement between the City of Redlands and Hicks and Hartwick, Inc. for the design of improvements to the intersection of Colton Avenue and Wabash Avenue. Proclamation - Child Health Month - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a proclamation declaring October as Child Health Month and encouraged all citizens to pledge their support of initiatives that reduce access to tobacco products by children and adolescents. Lease Agreement - Carriage House at Prospect Park - On motion of Councilmember Gilbreath., seconded by Councilmember Gil, the City Council unanimously approved a lease agreement between the City of Redlands and Caleb Woolard for rental of the Carriage House in Prospect Park. Friends of Prospect Park located Mr. Woollard to act as a live-in caretaker for the Carriage House. Master Lease Amendment No. 5 - Redlands Municipal Airport - Responding to an inquiry by Mayor Larson, Public Works Director Mutter assured Council the vending machines proposed will only dispense items like candy and coffee - cigarettes will not be dispensed from these machines. On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously approved Master Lease Amendment No. 5 with Redlands Aviation, granting Redlands Aviation the right to place vending machines in the public lobby at Redlands Municipal Airport. Fifth Street Electrical Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an additional appropriation requested by the Downtown Redlands Business Association totaling $10,600.00 to pay for electrical upgrades to Fifth Street. Agreements - Recreation. Division - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved independent contractor agreements between the City of Redlands and Mark West to conduct archery classes at Brookside Park and Richard Gallow to conduct karate classes at the Community Center. October 21, 1997 Page 3 Lease Agreement for GTE Facilities at Sunset Reservoir - This item was previously reviewed and continued by the City Council on August 5, 1997. Staff negotiated annual adjustments for inflation based on an index over the lease period. The five-year lease agreement was also revised by the City Attorney and the annual lease payment increased from $500.00 to $530.00 per year to allow for the projected increase in the CPI. This will be the first rental increase since the original agreement approved in 1977. On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a lease agreement beginning September 16, 1997. and ending September 15, 2002, between GTE California Incorporated and the City of Redlands for facilities at Sunset Reservoir. Appointment - Recreation Advisory Commission - Michael Schneider was unanimously appointed to the Recreation Advisory Commission to fill the unexpired term of Diane Neustadter to June 30, 1999, on motion of Councilmember Gilbreath, seconded by Councilmember Gil. Resolution No. 5423 - Amendment to Redlands Sphere of Influence to include Greenspot Area - Community Development Director Shaw reported that at the last City Council meeting staff was directed to initiate proceedings to seek an amendment to the Redlands Sphere of Influence to include the Greenspot Area. An application to the Local Agency Formation Commission was submitted October 8, 1997. Adoption of a resolution by the City Council requesting LAFCO to commence proceedings is now required. Mapping provided by staff prior to the meeting was updated and replaced at the meeting. On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Resolution No. 5423, a resolution of the City Council of the City of Redlands requesting the Local Agency Formation Commission to commence proceedings for the periodic review and expansion of the Redlands Sphere of Influence. Resolution No. 5424 - Annexation No. 76 - At the last City Council meeting, Council directed staff to proceed with the annexation of the Redlands East Valley High School and surrounding areas; the Redlands Christian Home and adjacent lands, at the northeast corner of Wabash Avenue and Fifth Street; the Citrus Plaza project, located on 125 acres at the northeast corner of Lugonia Avenue and Alabama Street; and the Edison Power Plant, located at the northeast corner of San Bernardino Avenue and Mountain View Avenue. Community Development Director Shaw reported that staff is recommending additional areas be annexed including portions of State Route 30 (owned by the State of California) and portions of City-owned lands located adjacent to the Santa Ana River between State Route 30 and Alabama Street and south of the current City boundary. Staff has also included two areas located within Greenspot area in anticipation of a positive action upon the Sphere of Influence October 21, 1997 Page 4 request that is pending before the Local Agency Formation Commission in November. All these areas are in the City of Redlands Sphere of Influence and have been evaluated within the General Plan. Mapping provided by staff prior to the meeting was updated and replaced at the meeting. On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Resolution No. 5424, a resolution of the City Council of the City of Redlands declaring its intention to file an application with the Local Agency Formation Commission to initiate on its own motion proceedings to annex certain inhabited territory(Annexation No. 76). COMMUNICATIONS On-Street Parking on Eureka Street - Mayor Larson did not participate in this discussion due to a possible conflict of interest. On motion of Councilmember Banda, seconded by Councilmember Cunningham, this item was continued to November 4, 1997,by AYES votes of all present. Redlands Skatepark- Request for Waiver of Fees - Applicant Victoria Hargrave, requested the City's assistance for her project at 21 W. Stuart Avenue in the way of waiving approximately $10,000.00 but not more than $15,000.00 in additional fees; $5,000.00 have already been paid for a specific plan amendment. Skatepark projects in many other cities are developed by the city and at a great expense. City-owned skateboard parks have been built or are being planned in Temecula, Escondido, Rancho Cucamonga and Yucaipa. Mrs. Hargrave also pointed out that by youth patronizing the Skatepark, they are not out damaging public property or causing safety hazards in streets. The waiver could be considered the City's contribution for the youth of Redlands. Councilmember Gil inquired about exchanging the fee waiver for free entry passes for organizations such as the Boys & Girls Club and Recreation. Department because he has a problem with waiving fees to businesses. Councilmember Banda stated she does see this project as a benefit to the community in the way of physical fitness and the City would save money by pulling skateboarding off the streets, saving repair costs. She suggested reduced or free rates during off-peak hours. Mrs. Hargrave advised Councilmembers that her liability insurance premium is $4.00/person every time a patron enters the door. Councilmember Banda then suggested deferring the fees until a decision is made. Planning and Community Development Director Shaw explained that fees are based on anticipated staff time. He then went on to explain the various filing stages and fees anticipated. Councilmember Gil asked if the applicant and Community Services Division Manager Marjie Pettus could sit down and work out a plan that would reduce rates for some programs. Mayor Larson concurred that he too would like to explore this type of arrangement. One of the City's obligations is to provide activities for youth. Councilmember Cunningham requested allowing the applicant to "deposit" the October 21, 1997 Page 5 $5,000.00 Planning fee with the understanding that it may be refunded so as to keep the project moving forward and to give staff an opportunity to find out what the numbers are. Speaking from the audience, Mr. Tim Johnson stated he concurred with Councilmember Cunningham and he further suggested delaying fees for up to two years which would provide the time element for project development. On motion of Councilmember Cunningham, seconded by Councilmember Banda, Council unanimously agreed to continue this matter to the November 4, 1997, meeting with the understanding that the applicant can continue processing the application and that the $5,000.00 due may be refunded if the project falls through. Countrywood Apartments - Community Services Division Manager Marjie Pettus reported that on. August 1.4, and September 1.1, 1997, the Housing Commission heard presentations by Mr. Rick Julian from Advanced Real Estate Services. On both occasions the Housing Commission recommended supporting Advanced Real Estate Services' request to seek HOME funds for rehabilitation of their property at 1.225 E. Citrus Avenue, known as Countrywood Apartments, from the Economic and Community Development Department of San Bernardino County. The property was acquired in 1988 in a foreclosure status. It is claimed the investors have put forth $4,500,000.00 over the last nine years and have not received a penny in return. On July 1.5, 1997, this request did not receive City Council support which Mr. Julian attributed to some confusion and misunderstanding with regard to his presentation package. Councilmembers inquired about vacancy rates, rents, size of units, and the issue of deferred maintenance. Councilmember Gil inquired about applying County Section 8 rates and senior housing for some of the apartments. Marjie Pettus stated that the County could negotiate and set up rents. Councilmember Cunningham stated he thought the discussion was to "make the investors whole." Advanced Real Estate Services is now asking for $250,000.00 for deferred maintenance repairs. Investors are risk takers and he has a problem with supporting assistance from the County and thought it would be beneficial for them to sit and talk. Mayor Larson inquired about the future of the complex without support? Mr. Julian clarified that he is not looking to be bailed out; only trying to avoid the property going into delay. Councilmember Gilbreath expressed that her concern is letting housing stock decay. Perhaps the City can remedy this without any cost to the City and at the same time increasing senior housing stock which is required by the State. Councilmember Gilbreath expressed support for the request with the caveat the project meet some requirements at the State level. Councilmember Larson concurred and added that there should be discussions with Marjie Pettus, Paula Rae Espinoza, Mr. Julian and Mr. Cunningham. Councilmember Gilbreath made the motion to move forward in the application process with the condition that 20% be low- income/affordable housing to meet State requirements; reviewed and acted upon with staff input, and any changes would have to come before the City Council. October 21, 1997 Page 6 Councilmember Cunningham stated he could not support this motion. He would support further study. Councilmember Gil urged that we look at this strongly. If we supported other apartments to the north we should support this site. Motion carried with Councilmember Cunningham voting NO. Governor Wilson's Veto of AB 1362 - Councilmember Cunningham presented for information purposes a newspaper article pertaining to Governor Wilson's veto of AB 1362 (Proposition 62 - Utility Tax) which prevents counties and cities from gaining protections against paying millions in tax rebates. Following his presentation, Councilmember Cunningham moved to authorize staff to explore at the State level what the implications are because we need to re-examine our fiscal posture for the rest of the year and to report back at the November 4, 1997, Council meeting. Motion seconded by Councilmember Gil and carried unanimously. Resolution No. 5426 - AQMD Subvention Credits - In a letter dated October 10, 1997,. Redlands Unified School District Superintendent Robert Hodges expressed interest in pursuing a partnership with the City of Redlands to make use of$100,000.00 in AQMD subvention credits currently available to the City. The District would like to utilize the subventions to purchase two compressed natural gas busses for transporting students to and from. Redlands East Valley High School. Mr. Iry Upton, California Natural Gas Specialist at Jim Glaze Auto Dealership, reviewed the subvention funds history in Redlands and what is available must be applied for by November 15, 1997. If Council approves the $1.00,000.00 to joint venture with the District, the City must approve a Resolution specifying the project. Mr. Upton further stated that future development of a parcel for future development of a public access natural gas and/or electric charging station. Dr. Cardinale, RUSD Assistant Superintendent, Business Services, representing the District, explained for Councilmembers the magnitude of transporting children throughout the large school district area and costs of fuel. There is an increased need for alternative fuel vehicles. Councilmember Gil, who also drives a State-issued compressed natural gas vehicle for his employment, stressed the need for fueling sites for use also by Omnitrans, UPS, etc., and he supports this plan one hundred percent. On motion of Councilmember Larson, seconded by Councilmember Cunningham, the City Council of the City of Redlands unanimously approved an application to the South Coast Air Quality Management District for MSRC Match funds and the transfer of subvention credits to the Redlands Unified School District up to the maximum amount of$100,000.00 for a joint venture purchase of two 78 passenger school buses. October 21, 1997 Page 7 JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY Resolution No. 5425 - Great Neighborhoods Program - Police Chief Nelson reported that staff has qualified additional participants in the Great Neighborhoods Program. The participants are requesting assistance with repairs, exterior painting and/or roofing. Councilmember Gilbreath moved to adopt Resolution No. 5425, 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 Gil, and carried unanimously. (Also see Redevelopment Agency minutes dated October 21, 1997.) LATE BREAKING ITEM Closed Session Item - City Attorney McHugh presented a memorandum to Councilmembers regarding pending litigation, City of Redlands v. County of San Bernardino, because of a new motion filed against the City by the County and Majestic Realty Company. Noting that the need to take action was immediate, Councilmember Larson moved to add to the City Council's agenda an item of pending litigation for closed session discussion involving the case of City of Redlands v. County of San Bernardino (SVC 34737) in accordance with Government Code Section 54956.9(a). Motion seconded by Councilmember Cunningham and carried unanimously. CLOSED SESSION The City Council meeting recessed at 4:12 P.M. to a Redevelopment Agency meeting and reconvened at 4:16 P.M. to a closed session to discuss the following: (a) Conference with legal counsel: Existing litigation- Government Code Section 54956.9 - Davis v. City of Redlands SVC 30858 (b) Conference with real property negotiator: Property: APN 174-202-02, southwest comer of Wabash Avenue and Fifth Street Negotiating parties: Gary M. Luebbers, and Mark Buoye Under negotiation: Terms and price (c) Conference with legal counsel: Pending litigation - Government Code Section 54956.9(a) - San Bernardino County v. City of Redlands (SVC 34737) The meeting reconvened at 7:00 P.M. October 21, 1997 Page 8 PRESENTATIONS Proclamation - Radio Amateur Civil Emergency Services - Fire Department Battalion Chief Mitch McKee assisted Mayor Larson to present a proclamation to members of the RACES organization recognizing them for their outstanding contribution to the safety of the citizens of the City of Redlands. This organization assists by providing critical and emergency communications during peak times. Certificates of Recognition - Boy Scouts of America, Troop Nos. 15 and 44 - Certificates of Recognition were presented to Don Buchanan who in turn presented them to Troop Leader Jim Meyer of Troop No. 44 (also accompanied by five scouts). The scouts of both troops filled 600 sand bags and stacked them in anticipation of winter storms thus providing safety to the citizens of Redlands. Certificate of Recognition - Ryan Belk a- As a Eagle Scout project, Ryan Belka provided service to the citizens of Redlands by marking 80 sites as possible water sources for Fire personnel that could be used during fire storms. Mayor Larson presented a Certificate of Recognition to Ryan and expressed appreciation from the citizens of Redlands. PUBLIC HEARING Ordinance No. 2355 - Ordinance Text Amendment No. 255 - Holiday - On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously continued this item to the next meeting, November 4, 1997, at 3:00 P.M. PUBLIC COMMENTS Mr. Robert Mollenaur, Jr., Candidate for City Council, protested Councilmember Gil's re-election campaign signs being located on public right- of-way and demanded they be removed per Redlands Municipal Code Section No. 15.36.400. ADJOURNMENT There being no further business, the City Council meeting adjourned at 7:12 P.M. Mayor Larson announced that the next regular meeting on November 4, 1.997, will only have an afternoon session at 3:00 P.M. October 21, 1997 Page 9 Deputy City Clerk October 21, 1997 Page 10