HomeMy WebLinkAbout020398cc_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 3,
1998.
PRESENT William E. Cunningham, Mayor
Geni A. S. Banda, Mayor Pro Tem
Pat Gilbreath, Councilmember
John L. Freedman, Councilmember
Gary George, Councilmember
Gary M. Luebbers, City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Beatrice Sanchez, Deputy City Clerk
(evening session)
Michael Reynolds, City Treasurer
Jeffrey L. Shaw, Community Development Director
Bonnie Johnson, 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
Monica Whitaker, The Sun
Courtney Challos,Press Enterprise
Renee Hernandez, The Sun
(evening session)
ABSENT None
The meeting was opened with an invocation by Councilmember Freedman
followed by the pledge of allegiance.
CABLE TV This is the first City Council meeting being video taped for broadcast on cable
television on Wednesday, February 4, 1998, at 6:00 P.M. (afternoon session)
and 8:00 P.M. (evening session).
PRESENTATION
Diane Christensen, Planning Commissioner - Mayor Cunningham and
Community Development Director Shaw presented a plague with the City seal
to Diane Christensen in recognition of her service on the Planning Commission
from February 20, 1990, through January 20, 1998. Community Development
February 3, 1998
Page 1
Director Shaw expressed his appreciation for all the work she's done noting she
has been a real asset to the community. Mayor Cunningham said Mrs.
Christensen has been an outstanding Planning Commissioner and that she is one
of the reasons Redlands is a special place. Mrs. Christensen thanked staff for
their assistance and dedication and said it has been a genuine pleasure to serve
as a Planning Commissioner.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Freedman, the minutes of the regular meeting of January 20,
1998, and the adjourned regular meeting of January 27, 1998, were
unanimously approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Freedman,bills and salaries were unanimously ordered paid.
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Freedman, the report of the Planning Commission
meeting held on January 27, 1998, was unanimously acknowledged as received.
Contract Award - Gas to Electric Conversion - Bids were opened and publicly
declared on January 15, 1998 by the City Clerk for the Natural Gas Engines
Conversion to Elector Motors Project (No. 1-9808); 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 Schuler Engineering
of Riverside, California, in the amount of$1,962,000.00, and it would be in the
best interest of the City that this contract be awarded to said firm. Municipal
Utilities Director Phelps explained the conversion in response to questions from
Councilmember George. On motion of Councilmember George, seconded by
Councilmember Banda, this recommendation was unanimously approved.
Agreement - Gas to Electric Conversion - Municipal Utilities Director Phelps
answered Councilmember Banda's questions about this construction inspection
and management services agreement. On motion of Councilmember Banda,
seconded by Councilmember Freedman, the City Council unanimously
authorized a construction inspection and management services agreement in the
amount of $59,500.00 with the firm of Inspection Consultants to provide
construction inspection and management services for the Natural Gas Engines
Conversion to Electric Motors Project.
Fee Waiver - Boy Scouts of America - On motion of Councilmember Gilbreath,
seconded by Councilmember Freedman, the City Council unanimously
February 3, 1998
Page 2
approved the request by the Boy Scouts of America for waiver of fees for use of
the Redlands Bowl, barricades, and Police services for the annual Lincoln
Pilgrimage program to be held on Saturday, February 21, 1998.
Resolution No. 5456 - Traffic SignalQ ect - On motion of Councilmember
Gilbreath, seconded by Councilmember Freedman, the City Council
unanimously adopted Resolution No. 5456, a resolution of the City Council of
the City of Redlands, California, authorizing the Mayor of the City of Redlands
to act for and on behalf of said City in the execution of Program Supplement
No. 007 of the State-Local Entity Master Agreement under Senate Bill 300 for
reimbursement of a portion of the cost of the Barton Road and Bellevue Avenue
Traffic Signal Project.
Resolution No. 5457 - Eureka Street Widening Project - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5457, a resolution of the City
Council of the City of Redlands, California, authorizing the Mayor of the City
of Redlands to act for and on behalf of said City in the execution of Program
Supplement No. 008 of the State-Local Entity Master Agreement under Senate
Bill 300 for reimbursement of a portion of the cost of the Eureka Street
Widening Project- Redlands Boulevard to 200 feet north of Oriental Avenue.
Resolution No. 5469 - Speed Survey - On motion of Councilmember Gilbreath,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5469, 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: Establish a speed limit on Orange Tree Lane.
Sunset Non-Potable Irrigation Project - Municipal Utilities Director Phelps
explained that the Sunset non-potable irrigation project has been discussed at
the staff level for several years and was approved by the City Council as a
project this fiscal year. The project consists of the construction of a non-potable
water storage reservoir (approximately 1,000,000 gallons) to be located just
south of the existing potable Sunset Reservoir on Helen Court, south of Sunset
Drive, and construction of 2 miles of pipeline from that location, west along
Sunset Drive to Hillside Cemetery. A well, which produces non-potable water
is situated at the Hillside Cemetery near Sunset Drive and Alessandro Road and
would be used as the primary source of non-potable water for the project. The
purpose of this project is to provide a "backbone" non-potable irrigation system
to supply lower cost water to the Hillside Cemetery and to Caroline Park which
is on the pipeline route. This matter was placed on the agenda in order that
citizens affected by the project might have the opportunity to address the City
Council. Staff has notified all property owners that reside within a 1,000 foot
radius of the proposed reservoir site by mail advising them that the City Council
February 3, 1998
Page 3
would discuss this item at this time. Dr. Kenneth D. Macknet presented a letter
from Lexie E. Herrin, a licensed general contractor, suggesting that the tank be
located on the east side rather than the north side site as proposed. Dr. Macknet
also expressed concern that the tank be sealed to contain any fumes and asked
where the water would be utilized. His concerns about the site were referred to
staff for review. Councilmember Banda moved to authorize the Municipal
Utilities Department to proceed with the proposed project and begin
negotiations for the acquisition of property and proceed with design engineering
for the Sunset Non-Potable Irrigation Water Project. Motion seconded by
Councilmember George and carried unanimously.
Funds - East Lugonia No. 3 Well Reactivation - On motion of Councilmember
Gilbreath, seconded by Councilmember Freedman, the City Council
unanimously authorized an additional appropriation for the Municipal Utilities
Department, Water Division, in the amount of $80,000.00 from current rates
and revenues to reactivate the East Lugonia No. 3 well.
Resolution No. 5470 - Street Name Changes - This item was removed from the
agenda.
Annual Report - Development Impact Fees - On motion of Councilmember
Gilbreath, seconded by Councilmember Freedman, the City Council
unanimously accepted the Annual Report of Development Impact Fees for the
year ended June 30, 1997, in compliance with Government Code Section 66006.
Resolution No. 5446 - Landscape Maintenance District No. 1 - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5446, a resolution of the City
Council of the City of Redlands, County of San Bernardino, California,
instituting proceedings, appointing an assessment engineer, and ordering the
preparation of an Engineer's Report in the matter of Landscape Maintenance
District No. 1.
Resolution No. 5450 - Street Lighting District No. 1 - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5450, a resolution of the City
Council of the City of Redlands, County of San Bernardino, California,
instituting proceedings, appointing an assessment engineer, and ordering the
preparation of an Engineer's Report in the matter of Street Lighting District
No. 1.
Resolution No. 5461 - Landscape Maintenance District No. 2 - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5461, a resolution of the City
February 3, 1998
Page 4
Council of the City of Redlands, County of San Bernardino, California,
instituting proceedings, appointing an assessment engineering, ordering the
preparation of district map indicating the proposed boundary of Landscape
Maintenance District No. 2, and providing for other engineering services in the
matter of the creation of Landscape Maintenance District No. 2.
Resolution No. 5465 - Street Lighting District No. 2 - On motion of
Councilmember Gilbreath, seconded by Councilmember Freedman, the City
Council unanimously adopted Resolution No. 5465, a resolution of the City
Council of the City of Redlands, County of San Bernardino, California,
instituting proceedings, appointing an assessment engineering, ordering the
preparation of district map indicating the proposed boundary of Street Lighting
District No. 2, and providing for other engineering services in the matter of the
creation of Street Lighting District No. 2.
Taxicab License - Bell Cab Co. - On motion of Councilmember Gilbreath,
seconded by Councilmember Freedman, the City Council unanimously
authorized issuance of a license to Bell Cab Company subject to the following
requirements:
1. Receipt by the City Clerk of a certificate of insurance;
3. Payment to the City Treasurer for a permit; and
2. Clearance from the Police Department specifically: All persons operating a
taxicab (cab drivers) shall be licensed by the Redlands Police Department
and specifically by the Chief of Police or his designee. Drivers shall be
required to submit fingerprints and photographs for background information
and licensing purposes prior to operating a taxicab in the City of Redlands.
Cab drivers will be responsible for paying the appropriate fees for the
processing of fingerprints through the State of California. The Chief of
Police or his designee shall review the applicants backgrounds to determine
their suitability for operating a taxicab in the City of Redlands before
issuing a permit. The Chief of Police may revoke a cab driver's permit upon
determination of a criminal conviction that would make them unsuitable to
operate a taxicab in the City of Redlands. The City of Redlands Police
Department will initially accept cab drivers licensed by the San Bernardino
County Sheriffs Department but all cab drivers must apply with the
Redlands Police Department within fifteen (15) days of the beginning of
service in. Redlands. All cab drivers new to the City of Redlands after the
initiation of service must have received a permit prior to operating a taxicab
in the City. All cab drivers must have their City of Redlands cab license in
plain sight to customers and make it available to any peace officer upon
demand.
COMMUNICATIONS
February 3, 1998
Page 5
Fire Sprinkler Requirement - Mr. Rob Walker recently moved a historic house
to 171 Bellevue and requested a waiver of the requirement to install an
automatic fire sprinkler system on January 20, 1998. Fire Chief Enslow and
Fire Division Chief Habant reported to the City Council that staff had obtained
three bids for Mr. Walker ranging from $2,200.00 to $2,595.00 for the
installation of residential automatic fire sprinklers. Fire Marshall Leonard
Temby met with the fire sprinkler contractors on behalf of Mr. Walker to
identify the issue of aesthetics and installation. Councilmember Banda reported
that Mr. Walker has indicated he will probably appeal this matter with the State
Historical Building Safety Board in April. Councilmember George felt the City
had gone beyond the call obtaining bids for Mr. Walker and expressed his hope
that he would comply with the requirement. Community Development Director
Shaw explained the process noting that Mr. Walker knew about the fire
sprinkler requirement during the initial stage of the application.
Councilmember Freedman moved to deny the request for a waiver of the
requirement to install an automatic fire sprinkler system in the house now
located at 1.71 Bellevue. Motion seconded by Councilmember George and
carried unanimously.
Pharaoh's Lost Kingdom - Recent new releases from Pharaoh's Lost Kingdom
indicated a change in their alcoholic beverage license but upon further
investigation, it was found there has been no change to the license according to
Mayor Cunningham.
Home Occupation Business Permits - In light of a recent "flap" about piano
teachers in the Redlands Daily Facts, Mayor Cunningham suggested the City
Council review Home Occupation Permit standards at a future study session.
February 3, 1998
Page 6
CLOSED SESSION
The City Council meeting recessed at 3:31 P.M. to a Redevelopment Agency
meeting and reconvened at 3:32 P.M. to a closed session to hold a conference
with its legal counsel as follows:
1. Anticipated litigation- Government Code Section 54956.9(c) - One case
LATE BREAKING CLOSED SESSION ITEM
Councilmember Gilbreath moved to add the following item to the agenda which
arose subsequent to the agenda being posted: "Existing litigation - Government
Code Section 54956.9(a) - Biggs v. Larson and Foster." Motion seconded by
Councilmember Banda and carried unanimously. (City Attorney McHugh
announced he had a potential conflict of interest on this matter and would not
participate in the discussion.)
The meeting reconvened at 7:00 P.M.
WELCOME Mayor Cunningham welcomed five students from Redlands High School who
will be participating in the annual Civics Day on February 12, 1998. He also
welcomed members of Boy Scout Troop 231 from the Church of Jesus Christ of
Latter Day Saints.
UNFINISHED BUSINESS
Ordinance No. 2370 - Sign Code - Ordinance No. 2370, an ordinance of the
City of Redlands amending Chapter 15.36 of the Redlands Municipal Code
relating to signs, was continued from the January 6, 1998, City Council meeting
for further study and review. Community Development Director Shaw
explained the Planning Commission unanimously recommended approval of the
revised Sign Code on November 12, 1997, following several study sessions.
The majority of the Planning Commission (4-3) did not support provisions of
freeway oriented signs for theme parks, and this provision is not part of the
proposal before the City Council. On January 6, 1998, the City Council
conducted its first hearing on the draft Sign Code at which time staff provided
an overview of the Sign Code, and the City Council received public input and
provided some initial input to staff. Staff evaluated specific provisions of
Measure U and identified how some criteria had already been included in the
Sign Code and how other provisions could be added to the Sigh Code. Mr.
Shaw reviewed the changes that staff has included in the draft document so that
it is consistent with the provisions of Measure U. Based on City Council
direction on January 6, 1998, staff has made the following changes: (1)reduced
the minimum gross land area from 100 acres to 75 acres in defining a "regional
mall'; (2) provided a reference in the enforcement section of the Sign Code so
February 3, 1998
Page 7
that a violator can know the types of penalties they are subject to if one violates
it; (3) added a definition for combination signs; and (4) expanded the
boundaries of the Downtown Business District as it pertains to pedestrian
oriented signs. Councilmember Gilbreath suggested another revision to the
boundaries of the Downtown Business District. Councilmembers discussed
issues such as sign programs for regional malls/power centers and/or
entertainment centers; largest sign that would be allowed within the City; and
the Downtown Business District boundaries. On behalf of Redlands Crossing,
Susan Quon again suggested revised language regarding multi-tenant signs.
The City Council agreed to continue this matter to February 17, 1998, for
introduction of the ordinance.
Mill Creek Sphere of Influence - Mayor Cunningham reviewed the protest filed
by Mr. Long with LAFCO regarding the Mill Creek Sphere of Influence which
will be considered on February 18, 1998.
Funds - Heisner Pool - On January 6, 1998,. staff presented the City Council
with a request for an additional appropriation in the amount of $7,450.00 to
repair the Heisner pool. This facility, located at Mission Elementary School, is
used by the Recreation Division for therapeutic swim courses. The request for
additional funding was submitted due to continuous equipment breakdowns and
malfunctions. After discussing this item, the City Council directed staff to
return with alternatives. Police Chief Nelson reviewed the problem and the
estimated cost of repair and monthly services. Staff held a meeting with
program participants on January 22, 1998,. to obtain their input and suggestions.
As a short-term solution, they asked staff to reiterate to the City Council their
desire to obtain sufficient funding to repair the Heisner pool. They also formed
a committee to solicit donations for the construction of a therapeutic pool. The
Community Center was identified as the ideal location for this facility;
Community Development Block Grant funds were identified as a possible
revenue source for construction. It was agreed by all present that (1) the City
Council will not be asked for additional money for future Heisner pool repairs;
(2) a one-year target date will be set to generate constructions funds; (3) the
participating committee will be responsible for soliciting construction
donations; and (4) staff will submit a CDBG proposal in the next (1999)
funding cycle. Current registrations for participants in therapeutic swim
programs depict the following residencies: Redlands - 1.6;
Yucaipa/Calimesa/Menton - 10; Highland/San Bernardino - 8; Colton/Loma
Linda/Bryn Mawr - 6; for a total of 40. Staff estimates the cost per resident at
$2,240.00. Participants pay $3.00 per session. Louise Knudsen, an instructor,
informed the City Council that the YMCA pool is too cold and felt certain that
if the Heisner pool was fixed that participation would increase. Another
instructor informed Councilmembers that this program was not just for seniors.
Noting this was a very expensive program and he had a problem putting money
February 3, 1998
Page 8
into a facility the City does not own, Councilmember Freedman moved to deny
the request and terminate the program. Motion seconded by Councilmember
Gilbreath and failed with Councilmembers Cunningham, Banda, and George
voting NO. Councilmember Banda moved to approve the request for an
additional appropriation in the amount of$7,450.00 to repair and maintain the
Heisner (also known as Seltzer) pool facility, and directed staff to revise the fee
schedule for non-residents for future City Council review. Motion seconded by
Councilmember George and carried with Councilmembers Gilbreath and
Freedman voting NO.
Proposed Parking Assessment District - Leaving the City Council Chambers,
Councilmember George announced he had a potential conflict of interest
regarding this proposed parking assessment district. Public Works Director
Mutter presented a detailed parcel map for the proposed parking assessment
district. A questionnaire has been prepared to be sent to each property owner to
determine the viability of this proposal. Councilmember Gilbreath indicated
she desired to extend the boundaries further east on Redlands Boulevard. Staff
will reconfigure the boundaries if the responses from the survey indicate the
need. Staff will continue to pursue this proposal.
STUDY SESSION - MEASURE U
Resolution No. 5472 - The City Council has held workshops pertaining to the
implementation of Measure U on January 6, 13, 20, and 27, 1998. They are in
the process of reviewing and discussing issues and providing direction to staff.
As decisions are finalized, these actions are being memorialized through the
adoption of resolutions. Community Development Director Shaw reviewed
actions from the past meetings and presented Resolution No. 5472, a resolution
of the City Council of the City of Redlands adopting provisions pertaining to
the implementation of Measure U. This resolution was formulated based on
input from the City Council on January 27, 1998. Mr. Shaw summarized the
actions in this resolution. Councilmember George moved to adopt Resolution
No. 5472. Motion seconded by Councilmember Freedman and carried
unanimously.
Socio-Economic Study - Mr. Shaw presented language for a General Plan
Amendment to be prepared addressing the Socio-Economic Cost/Benefit Study
and Findings Required. Councilmembers agreed that the City-initiated General
Plan Amendment to implement Measure U was exempt from the Socio-
Economic Study requirement as a project was not involved. Staff recommended
that the 5,000 square feet provision pertain to the building and any outdoor use,
but not include the parking areas required for the use; it was also recommended
that the 5,000 square feet be the cumulative total of the business. This was
agreeable to Councilmembers. Staff also recommended the City Council
February 3, 1998
Page 9
establish a subcommittee (members of the City Council and staff) to select a
consultant and proceed with the two major projects simultaneously. This was
also agreeable to Councilmembers. Mayor Cunningham and Councilmember
George will serve on this subcommittee. Community Development Director
Shaw also noted staff has consolidated the list of elements to be included into a
socio-economic study as presented by Mayor Cunningham, Councilmember
George, and Councilmember Freedman and included it in the staff report.
Status of Projects - A seven page list of projects in the pipeline and their status
was presented and reviewed by the City Council. City Attorney McHugh
explained the development process noting that all projects must comply with the
General Plan. Two projects are pending due to the Socio-Economic Study
required by Measure U.
Timberlake Project - Councilmember Gilbreath questioned the exemption of
Cities Pavillion's Timberlake Project from the Socio-Economic Study
requirement under Measure U. Although this project was approved in October,
the development agreement was not signed until 1998. Attorney John Mirau
concurred with this interpretation of Measure U, and read the section in
Measure U relating to development agreements. City Attorney McHugh said
staff is reviewing its status.
STUDY SESSION- MID-YEAR BUDGET REVIEW
Additional Appropriations - City Manager Luebbers presented a report prepared
by Finance Director Johnson. With half of the fiscal year complete, General
Fund revenues are at 44.76 percent while expenditures are at 48.68 percent. A
large portion of the major General Fund revenues, such as property taxes,
franchise fees, and business license fees, are normally collected in the second
half of the fiscal year which explains why revenue is currently below the 50
percent mark. Overall, revenue is still projected to be at 100 percent of the
original projection. Although the focus of the mid-year review was on the
General Fund, a cursory review was also done of all other City funds.
Citywide, revenue are 49.57 percent received, while expenditures at 40.08
percent spent. The lower than average expenditure percentage is due to the fact
that much of the capital improvement budget remains unspent. City Manager
Luebbers then reviewed recommended budget adjustments. Councilmember
Freedman moved to authorize an additional appropriation in the amount of
$128,871.00 to fund excess Workers' Compensation costs, two police cars, and
one full-time Code Enforcement officer; and further to amend salary Resolution
No. 541.4 to include the addition of one full-time Code Enforcement Officer and
one full-time Administrative Clerk for the Recreation Division. Motion
seconded by Councilmember Banda and carried unanimously.
February 3, 1998
Page 10
1998-99 Budget - Regarding the preparation of next year's budget, Mayor
Cunningham asked that a mechanism to encourage safety personnel to reside in
the City of Redlands be examined; that the impact on Recreation facilities,
residents versus non-residents, be addressed; that there be further coordination
between the Fire and Police Departments; and that staff examine other
reorganizations which would provide better efficiency and cost savings. City
Manager Luebbers told Councilmembers the department heads deserve the
credit for managing the budget. 1998-99 budget workshops will begin in April.
General Fund Interest - An analysis has been prepared estimating the amount of
interest that would be owing to the General Fund on outstanding interfund loans
if interest would have been charged from the inception of each loan. Since past
practice has been not to charge interest on interfund loans, the analysis was
prepared for informational purposes only.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:50 P.M. The next regular meeting will be held on February 17, 1998.
City Clerk
February 3, 1998
Page 11