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HomeMy WebLinkAbout120297-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 7:00 P.M. on December 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 Beatrice Sanchez, Deputy City Clerk Michael Reynolds, City Treasurer Jeffrey L. Shaw, Community Development Director Tina Kundig, Interim Finance Director Mel Enslow, Fire Chief Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter,Public Works Director Joshua Lowe, Redlands Daily Facts Courtney Challos, Press Enterprise Monica Whitaker, The Sun ABSENT None The meeting was opened with an invocation by Mayor Larson followed by the pledge of allegiance. Introduction - Mayor Larson introduced Bonnie Johnson who started on Monday, December 1, 1997, as the new Finance Director. CITY COUNCIL REORGANIZATION Resolution No. 5429 - Election Results - City Clerk Poyzer presented Resolution No. 5429, a resolution of the City Council of the City of Redlands reciting the fact of the special municipal election held on Tuesday, November 4, 1997, declaring the results and such other matters as provided by law: December 2, 1997 Page 1 MEMBER OF THE CITY COUNCIL VOTES CAST John L. Freedman 4,610 Gary George 4,504 Patricia L. Gilbreath 4,063 Tim Johnson 4,042 Gilberto Gil 3,709 James DeAguilera 1,787 David F. Eason 1,718 Anthony Martinez 1,107 Ann C. Matney 1,078 Robert D. Mollenauer, Jr. 661 Measure U: Shall the initiative ordinance entitled "An Initiative Ordinance of the People of Redlands Establishing Principles of Managed Development" be adopted? Yes 5,809 No 4,321 Number of registered voters 33,058 Turnout 10,401 Turnout percentage 31.4% On motion of Councilmember Larson, seconded by Councilmember Cunningham, the City Council unanimously declared and determined that John L. Freedman, Gary George, and Patricia L. Gilbreath were elected as Members of the City Council for full terms of four years each and that a majority of the voters voting on Measure U did vote in favor of it and therefore the measure carried and is deemed adopted and ratified, to become effective 10 days thereafter in accordance with State law; unanimously adopted Resolution. No. 5429; and ordered that the complete text of the resolution be filed in the Office of the City Clerk. Presentations - City Manager Luebbers expressed sincere appreciation to Swen. Larson, on behalf of the 450 employees and personally, for his years of service to City of Redlands. Mr. Luebbers introduced the following people who paid tribute and bestowed gifts as follows to Mr. Larson upon his retirement: • On behalf of the Redlands Professional Firefighters Association, Dan Crow, Joe Pompa, and Gregory Hostetler: white leather fire helmet, a proclamation, Fire Department badge, centennial pin, and patch. • Police Chief Lew Nelson: a plaque expressing appreciation for Mayor Larson's dedicated service and support of the Redlands Police Department; the new Police Department badge in a display case, and a Mayor's flat badge. December 2, 1997 Page 2 • On behalf of the Redlands Police Officers Association, Darren Means: a plaque expressing appreciation for Mayor Larson's support of their association and a baseball hat for their softball team. • Brenda Sutton, Teresa Ballinger, and Paul Rae Espinoza on behalf of the City Manager's staff(Linda Emerson, Phyllis Wright, and Teresa Ballinger) and Community Services Division (Marjie Pettus, Brenda Sutton, Paula Rae Espinoza, and Cammy De La Torre): the Redlands' tapestry and gift. • Lorrie Poyzer, City Clerk: a Waterford crystal gavel with an engraved display stand. Ms. Poyzer's staff Beatrice Sanchez and Alison Dickerson joined her in the presentation of a proclamation. • Mayor Pro Tem Pat Gilbreath: a mug from Minnesota representing their friendly rivalry over their ethnic backgrounds (Swedish and Norwegian), an engraved key to the City in a beautiful display; and a plaque with the City Seal. Mayor Larson expressed is appreciation to his wife Helen and his family who were present in the audience noting that every line item on his bio represented an evening he was not at home or a family event that was missed. Oaths of Office - Certificates of election were presented by City Clerk Poyzer to Councilmembers-elect John L. Freedman, Gary George, and Patricia L. Gilbreath. City Clerk Poyzer then administered the oaths of office to newly elected Councilmembers Freedman and George, and re-elected Gilbreath. Election of Mayor - City Clerk Poyzer called for nominations for the office of Mayor for a two-year term. Councilmember Banda nominated Councilmember Cunningham with Councilmember George seconding the nomination. There being no further nominations, Councilmember Cunningham was elected Mayor of the City of Redlands for a two-year term. Election of Mayor Pro Tempore - City Clerk Poyzer called for nominations for the office of Mayor Pro Tempore for a two-year term. Mayor Cunningham nominated Councilmember Banda with Councilmember Freedman seconding the nomination. There being no further nominations, Councilmember Banda was elected Mayor Pro Tempore of the City of Redlands for a two-year term. The City Council meeting briefly recessed at 7:39 P.M. and reconvened at 7:53 P.M. CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of November 18, 1997, were unanimously approved as submitted. December 2, 1997 Page 3 Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman,bills and salaries were unanimously ordered paid. Human Relations Commission - Interest Bearing Account - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved the creation of an interest bearing account for donations to the Human Relations Commission and corresponding expenditures. It was noted the Human Relations Commissioners will be responsible for raising monies for their programs and formal Commission action will be required for each expenditure. Adherence to all City purchasing policies and procedures is mandated; the Department Head or appointed staff representative will review and authorize all expenditures. Resolutions Nos. 5430-5431 - Civic Center Seismic Retrofit - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5430, a resolution of the City Council of the City of Redlands designating authorized agents to obtain Federal financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted :Resolution No. 5431, a resolution of the City Council of the City of Redlands approving the application for grant funds under the Hazard Mitigation Grant Program related to all open California Federal Disasters for the seismic retrofit of the Civic Center, 35 Cajon Street. Resolutions Nos. 5432-5433 - Fire Station Seismic Retrofit - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5432, a resolution of the City Council of the City of Redlands designating authorized agents to obtain Federal financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5433, a resolution of the City Council of the City of Redlands approving the application for grant funds under the Hazard Mitigation Grant Program related to all open California Federal Disasters for the seismic retrofit of Fire Station No. 261, 525 East Citrus Avenue. Resolution No. 5434 - Traffic - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5434, a resolution of the City Council of the City of Redlands establishing traffic regulations pursuant to Title 10 of the Redlands Municipal Code as follows: authorize installation of a handicapped parking space fronting 615 West State Street. December 2, 1997 Page 4 Funds - COPS Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously authorized the Redlands Police Department to participate in the COPS Problem Solving Partnership Grant and authorized expenditures as follows: Personnel: Police officer overtime $ 23,891.00 P/T training administrator 14,000.00 P/T crime analysis clerk 1.1,500.00 P/T project manager assistant 11,500.00 2 P/T juvenile probation diversion counselors 24,000.00 2 P/T work-study students 10,000.00 Training/Travel 1,714.00 Equipment 5 computers and related software 32,100.00 Office supplies and survey printing 6,575.00 Contractual services Computer programming costs and grant specific consulting 14,000.00 Miscellaneous 720.00 Total expenditures $150,000.00 License Agreement - SANBAG - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a license agreement with SANBAG for the water main crossing at the railroad right-of-way on Eureka Street between Oriental and Stuart Avenues. Contract Award - Community Center- Bids were opened and publicly declared on November 1.3, 1997, by the City Clerk for the Redlands Community Center Renovation Project, Phase II; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Community Services Division that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City was N.B.I. Construction in the amount of $108,700.00, 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 Freedman, this recommendation was unanimously approved. Minor Subdivision No. 245 - Final Approval - Councilmember Gilbreath indicated she had a possible conflict of interest on this matter and left the Council Chambers. Minor Subdivision No. 245, a subdivision of approximately 4.21 acres into three single family lost for property located on the south side of Sunset Drive at Chaparral Drive, was granted final approval on motion of Councilmember George, seconded by Councilmember Cunningham, with Councilmember Gilbreath abstaining from the vote. December 2, 1997 Page 5 Agreement - P. F. Ryan and Associates - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an agreement in the amount of $4,000.00 with P. F. Ryan and Associates, Inc. for regulatory consulting services regarding reporting for AB 939, under which the City of Redlands is required to document annual diversion of waste stream materials from landfilling during 1996 (compared to base year 1990). Orange Village Apartments - At the request of the applicant, Maskan Development Company, the assignment and assumption agreement for the Orange Village Apartments, 106 West Pennsylvania Avenue, Multifamily Housing Revenue Bond, 1988 Series A and Series :B, was withdrawn from the agenda. Settlement Agreement - Davis v. City of Redlands - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a settlement agreement with Gerald R. Davis, a former employee of the City. PUBLIC HEARING Resolution No. 5407 - Historic Resource - Public hearing was advertised for this time and place to consider the recommendation of the Historic and Scenic Preservation Commission to designate the Cunningham House located at 171 Bellevue Avenue as Historic Resource No. 95. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this matter. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to adopt Resolution No. 5407, a resolution of the City Council approving this recommendation. Motion seconded by Councilmember Freedman and carried unanimously. December 2, 1997 Page 6 COMMUNICATIONS San Timoteo Canyon Creek - Citing a possible conflict of interest, Mayor Cunningham left the Council Chambers during this discussion. Mayor Pro Tem Banda felt the City Council needed to put San Bernardino County and the Army Corps of Engineers on notice and moved to direct staff to explore all options regarding the soft bottom channel. Councilmember George seconded the motion. Councilmember Gilbreath expressed her concern that the City Council had not yet reviewed Measure U (which will take effect December 12, 1997). Councilmember George explained that the deadline was looming and that the City Council needed to proceed. City Manager Luebbers announced that he would schedule a workshop early in January to review Measure U. The motion then carried by AYE votes of all present with Councilmember Cunningham abstaining. Santa Ana Wash - Community Development Director Shaw reviewed the schedules for the applications to expand mining operations in the Santa Ana Wash by Sunwest and Robertson Ready Mix. He also reported the annual inspections were done on November 24-26, 1997, as required, and a written report is being prepared. Mayor Cunningham noted it was crucial the City stay on top of these EIRs as this is an important issue. UNFINISHED BUSINESS Storm Drain Fee Waiver Request - This item was continued from the November 18, 1997, meeting. Public Works Director Mutter reported Broncs Towing has proposed a new tow yard facility on a vacant 1.3 acre parcel located at 1083 West Park Avenue. As part of the process of issuance of the building permit for this project, staff assessed development impact fees pursuant to the Redlands Municipal Code. These fees included storm drain fees in the amount of $11,218.00. Public Works Director Mutter noted that waiver of the fee would result in the cost of improvements for storm drain improvements within the central area of town, equal to the amount of the fee, being passed on to the taxpayers. On behalf of the property owner, Vada F. Fletcher, Ken King explained Mrs. Fletcher feels she is exempt from this fee since the back portion of this property was deeded, at no charge, to the San Bernardino County Flood Control District for Zanja Channel improvements in 1969, with the assurance from the Flood Control District that the benefit to the property owner would be that the channel improvements would provide the drainage and flood protection needed for this property. No action was taken by the City Council. December 2, 1997 Page 7 NEW BUSINESS City Council Liaison Appointments - Mayor Cunningham presented a list of his recommendations for Councilmembers' appointments to serve on the various committees, commissions, boards, and outside agencies. Councilmember liaisons for the City's commissions and boards would continue to rotate on a quarterly basis. Mayor Cunningham moved to approve the recommendations as follows; motion seconded by Councilmember Freedman: Audit Committee Gilbreath/Freedman Minor Exception Committee Banda/Cunningham Water Committee Freedman/George Cemetery Endowment Task Force Cunningham Metrolink Task Force Cunningham/Banda Airport Advisory Board Freedman Board of Appeals Gilbreath Citrus Commission Cunningham Cultural Arts Commission Banda Downtown Redlands Business Association George Historic/ Scenic Preservation Commission George Housing Commission Freedman Human Relations Commission Gilbreath Library Board Cunningham Mobilehome Rent Review Board Cunningham Parks Commission Banda Planning Commission George Public Works Commission Freedman Recreation Commission Gilbreath Traffic/Parking Commission Banda Chamber of Commerce Cunningham CONFIRE Board of Directors Banda/City Manager County Solid Waste Task Force Cunningham/Banda Crafton Hills Open Space Conservancy Cunningham/George East Valley Corridor Advisory Committee Freedman/Gilbreath Gangs and Drugs Task Force Banda/Gilbreath I-10 Corridor Task Force George/Banda OMNITRANS Cunningham/Banda SANBAG Cunningham/Banda SANBAG Commuter Rail Committee Banda/George Santa Ana River Wash Committee Cunningham/George Water Policy Advisory Commission Cunningham/Freedman Councilmember Gilbreath expressed her disappointment that she did not receive a phone call from Mr. Cunningham regarding her interests especially December 2, 1997 Page 8 concerning her service on the SANBAG Commuter Rail Committee. Mr. Cunningham responded the same thing had happened to him two years ago. The motion carried with Councilmember Gilbreath voting NO. Ordinance No. 2367 - Juvenile Curfew - Police Chief Nelson reported that Ordinance No. 2367 relates to the establishment of a nighttime curfew for minors which reflects modifications to address the Federal Court's concerns as pertains to First Amendment Rights protected by the Constitution. Ordinance No. 2367, an ordinance of the City of Redlands amending Chapter 9.24 of the Redlands Municipal Code relating to juvenile curfew, was read by title only by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2367 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for December 16, 1997. Resolution. No. 5436 - Annexation No. 76(H) - Community Development Director Shaw explained the City Council adopted Resolution No. 5422 and No. 5424 on October 21, 1997, directing staff to proceed with the annexation of a number of unincorporated areas to the City of Redlands. Staff has initiated the process of prezoning and environmental review for these areas. On November 17, 1997, the City received a request from John H. Danielson and Karin L. Godfrey to annex an additional ten acre parcel located at the southeast corner of Sixth and Wabash Avenues. The property is contiguous with existing Redlands' boundaries. Councilmember George moved to adopt Resolution No. 5436, 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). Motion seconded by Councilmember Banda and carried unanimously. JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY Resolution No. 5435 - Great Neighborhoods Program - Police Chief Nelson reported that staff has qualified additional participants in the Great Neighborhoods Program. Councilmember Banda moved to adopt Resolution No. 5435, 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 Freedman, and carried unanimously. (Also see Redevelopment Agency minutes dated December 2, 1.997.) December 2, 1997 Page 9 CLOSED SESSION The City Council meeting recessed at 8:20 P.M. to a closed session to hold a conference with its legal counsel as follows: 1. Existing litigation - Government Code Section 54956.9 City of Redlands v. County of San Bernardino Case Nos. SVC 34737, SVC 33330, and SVC 39880 ADJOURNMENT There was no report following the closed session the City Council meeting. The next regular meeting will be held on December 16, 1997. City Clerk December 2, 1997 Page 10