HomeMy WebLinkAbout020100cc_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 1,
2000.
PRESENT Pat Gilbreath, Mayor
Gary George, Mayor Pro Tem
John L. Freedman, Councilmember
Susan Peppler, Councilmember
Karl N. "Kasey" Haws, 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
Jim Bueermann, Police Chief
Mel Enslow, Fire Chief
Bonnie Johnson, Finance Director
Ronald C. Mutter,Public Works Director
Gary G. Phelps, Municipal Utilities Director
Jeffrey L. Shaw, Community Development Director
ABSENT None
The meeting was opened with an invocation by Councilmember Haws followed
by the pledge of allegiance.
PRESENTATION
Police Department - Police Chief Bueermann, assisted by Lt. Pat Beaver, gave a
PowerPoint presentation of the Redlands Police Department's Safe Community
Initiatives.
CONSENT CALENDAR
Minutes - On motion of Councilmember George, seconded by Councilmember
Freedman, the minutes of the special meeting of January 18, 2000, and regular
meeting of January 18, 2000, were approved as submitted.
Bills and Salaries - On motion of Councilmember George, seconded by
Councilmember Freedman, payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember George,
seconded by Councilmember Freedman, the report of the Planning Commission
meeting held on January 25, 2000, was acknowledged as received.
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Page 1
Environmental Review Committee - On motion of Councilmember George,
seconded by Councilmember Freedman, the tentative agenda for the
Environmental Review Committee meeting to be held on February 14, 2000,
was acknowledged as received.
Ordinance No. 2428 - Zone Change No. 372 - Ordinance No. 2428, an
ordinance of the City of Redlands amending Title 18 of the Redlands Municipal
Code by adopting an additional land use zoning plan as part of the Official Land
Use Zoning Map and effecting Zone Change No. 372, a change of zoning
classification from A-1 (Agricultural - five-acre lots) District to R-E
(Residential Estate - 14,000 square foot lots) District for 9.49 acres located on
the north side of Lugonia Avenue, approximately 1,360 feet west of Wabash.
Avenue, was adopted on motion of Councilmember George, seconded by
Councilmember Freedman, by the following vote:
AYES: Councilmembers George, Freedman, Peppler, Haws;
Mayor Gilbreath
NOES: None
ABSENT: None
Ordinance No. 2429 - Sign Program - Albertson's ShoppingCenter - Ordinance
No. 2429, an ordinance of the City of Redlands adopting Amendment No. 3 to
Specific Plan No. 41, to modify the Sign Program to include sign size, height,
colors and location for the Shopping Center known as "The Albertson's
Shopping Center" (formerly "The Lucky's Shopping Center) located on the
southwest corner of Redlands Boulevard and Cypress Avenue (Westar
Associates, applicant), was adopted on motion of Councilmember George,
seconded by Councilmember Freedman,by the following vote:
AYES: Councilmembers George, Freedman, Peppler, Haws;
Mayor Gilbreath
NOES: None
ABSENT: None
Resolution No. 5722 - JAIBG Funding - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5722, a resolution of the City of Redlands waiving its right to its
entire Juvenile Accountability Incentive Block Grant (JAIBG) award and
contributing its JAIBG funding to a Regional Crime Enforcement Coalition
(RJCEC).
Resolution No. 5723 - Conflict of Interest Code - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
adopted Resolution No. 5723, a resolution of the City Council of the City of
Redlands adopting an amended Conflict of Interest Code pursuant to the
Political Reform Act of 1974. and amending Resolutions Nos. 3290, 5553, 5623,
February 1,2000
Page 2
and 5675, by deleting the title "Chief of Water Resources and Utilities
Operations" and adding the title "Water Resources Chief' within Exhibit A.
Proclamation - Boy Scouts of America - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
authorized issuance of a proclamation congratulating the California Inland
Empire Boy Scouts of America Council for 90 years of service to our region's
youth.
Agreement - California Street Landfill - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
authorized an agreement with Janechek & Associates to furnish engineering
services for the California Street Landfill gas control system.
Public Safety Funds - On motion of Councilmember George, seconded by
Councilmember Freedman, the City Council unanimously approved the use of
Citizens' Option for Public Safety (COPS) funds from AB 3229 as follows:
Four part-time Administrative Clerks for sub-stations $ 44,839.73
Cadet Program 43,931.00
Portable Computing Systems 11,609.00
Dialogic Communicator Software and Networking 16,250.00
Minolta Multiple Disk Storage "Jukebox" and five licenses 17,550.00
Linear Systems Video Enhancements and Capture System 3,500.00
Directed patrol overtime 11,000.00
Total COPS expenditures $ 1.48,679.73
Lease-Purchase Agreement - Police Car - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
approved a lease-purchase agreement with Ford Motor Credit Company for the
purchase of one Ford Crown Victoria police car.
Agreement - Joslyn Senior Center - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously
approved an Independent Contractor Agreement between the City of Redlands
Recreation Bureau and Floyd Sampson to provide stress management classes in
the Joslyn Senior Center and further authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
Settlement Agreement - CNB Excavating, Inc. - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
acknowledged a settlement agreement with CNB Excavating, Inc. which was
agreed to in a closed session.
Settlement Agreement - Jean Freeman/PERS - Councilmember Haws asked for
clarification of the settlement agreement and release with. Jean Freeman and the
Public Employees' Retirement System to address an e-mail received today
February 1,2000
Page 3
which indicated a feeling of unfairness by granting benefits to a retiree who
chose not to participate in the lawsuit. He then moved to authorize the Mayor
and City Clerk to execute a settlement agreement and release with Jean Freeman
and the Public Employees' Retirement System as agreed to in a closed session.
Motion seconded by Councilmember George amd carried unanimously.
Tree Removal Policy - Public Works Director Mutter reported the City Council
formed the Street Tree Committee to review various policies and procedures
that may be in place for the overall management of the City's urban forest. The
committee has spent a considerable amount of time reviewing current City
practices and identifying problem areas. Work has been completed on policies
regarding tree versus hardscape conflicts and root pruning specifications. The
policy currently under consideration establishes procedures for removal of street
trees. He noted this policy does not include private trees on private property.
Approval of implementation of the various policies will require a commitment
on the part of the City to both enforce and abide by the various policies as
necessary. One significant change over current procedures would require that
City crews remove stumps at City expense for trees removed by utility company
crews. The current position of the City is to require whoever removes a tree to
remove the stump as well and dispose of all debris at their own expense. Staff
also believes that whoever removes a tree should provide for the replacement of
the tree. Councilmember Freedman said the contractors for Southern California
Edison are killing our palm trees and asked the Street Tree Committee to
address the utility clearance issue. He then moved to approve the policy for
Tree Removals amending the policy to delete provisions requiring the City to
grind and remove stumps resulting from removal of trees by utility companies
and requiring the party removing the tree to remove the stump, with the
understanding that implementation of the policy is contingent on funding being
authorized through the normal budget process. Motion seconded by
Councilmember Peppler and carried unanimously.
Settlement Agreement - Lockheed Martin - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
authorized the Mayor and City Clerk to execute a settlement agreement with
Lockheed Martin which conforms to the terms and conditions agreed to by the
City Council in a closed session.
Contract- The Legendary Ink Spots Foundation - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
approved a contract with The Legendary Ink Spots Foundation for the
implementation of musical education and coaching classes for children and
senior citizens through the Community Development Block Grant Program.
COMMUNICATIONS
Legislative Bulletin-No discussion.
February 1,2000
Page 4
City Manager's Report - City Manager Luebbers boasted that we have proven
over the past five years that a movie theater would be a success in Redlands,
and during past couple of weeks, with the opening of Starbucks, Rubio's Baja
Grill, and Togo's, proven again that new business can and will succeed in town.
The same challenge is now before us with the proposed hotel development.
IVDA Meeting - City Manager Luebbers reported that he and City Attorney
McHugh recently met with representatives of the Inland Valley Development
Agency (IVDA) to talk about what each side is doing. It was a positive meeting
and it was evident the IVDA is very interested in the success of the
development of the "donut hole."
Commission Appointment Procedure - Mayor Gilbreath expressed concern that
our Code contains at least three different ways of selecting commissioners,
depending upon which commission is at issue. She felt the method for selecting
commissioners for a majority of our commissions vests too much power in the
Mayor and also creates a potential problem if the City Council never ratifies the
Mayor's choices. Mayor Gilbreath suggested rotating appointments by each
Councilmember. By consensus, the City Council agreed and directed the City
Attorney to prepare the necessary legislation.
"Voir Dire" Process - Councilmember George asked the City Council for
support of his proposal to implement a "Voir Dire" process in which each
Councilmember or Planning Commissioner, prior to the opening of a public
hearing, notes for the public record whether he or she has had any preliminary
talks or contact with either the project applicant, or representative, or the project
site. By consensus, the City Council asked staff to check with other cities who
use this process to see how it works and report back to the City Council.
Barton House - Councilmember Freedman has learned from the Redlands
Heritage Park Committee of their conception of a need for emergency security
fencing around the City-owned Barton House to secure it from vandalism and
unlawful entry. Liz Beguelin, member of the Committee, says a construction
fence would cost approximately$6,400.00. Councilmember Freedman moved to
ask the City Manager to return on February 15, 2000, with a report suggesting a
source of the funds and the cost for the necessary security. Motion seconded by
Councilmember George and carried unanimously.
Cable Television Franchise Agreement - City Attorney McHugh provided a
copy of the City's franchise agreement with its cable television operator and an
outline of its performance terms as directed at the last meeting. The City's cable
television consultant, Mr. Gerald Hanson, reported that 79 channels are now
available surpassing the 75 channel requirement of Section 4.2 of the franchise
agreement; 40 of those channels are digital channels requiring a conversion box.
He has requested a $1 million Certificate of Insurance and $25,000.00
February 1,2000
Page 5
performance bond be provided by the new owners, Adelphia, and said they
should be delivered shortly. Mr. Hanson happily reported that Adelphia has
promised to have a whole new system installed in the next two years to replace
the aging and obsolete system now in use.
Bear Valley Mutual Water Company_ - Mayor Gilbreath abstained from this
item and Mayor Pro Tem George conducted the meeting. City Manager
Luebbers asked that the request to authorize Douglas Headrick, Chief of Water
Resources, as the City's primary representative to the Bear Valley Mutual Water
Company, and to authorize the Mayor Pro Tem to request that the Board of
Directors of the Bear Valley Mutual Water Company consider the appointment
of Douglas Headrick to their Board of Directors as a representative for the City
of Redlands be deferred. The City's Water Policy Committee will meet prior to
the Bear Valley Mutual Water Company's annual meeting scheduled for
February 15, 2000.
Municipal Utility Fiscal Requirements - Municipal Utilities Director Phelps
reported the last substantial update study of fiscal requirements and rates and
charges for water, sewer, and solid waste was accomplished in 1991. In 1996,
the City initiated master planning for water, wastewater, and solid waste,
followed by preparation of capital improvement programs which was completed
in 1998. At that time, it was planned to follow the master planning and capital
improvement programming with a study of fiscal requirements and a study of
rates and charges to ensure fiscal responsibility, to ensure that rates and charges
were updated to allow a managed approach rather than a reactive approach to
setting rates and charges, and to also insure that a full review of compliance
with all State laws with respect to development impact fees were being followed
as originally enacted under AB 1600 in 1987. In 1999, efforts were focused on
refunding of the water and sewer certificates of participation to restructure them
to take advantage of low fixed interest rates. Staff believes that it is now
appropriate to proceed with a study of fiscal requirements, and rates and charges
which can be done "in house". Councilmember George moved to authorize
staff to proceed with a review of water, wastewater, and solid waste fiscal
requirements and development impact fees. Motion seconded by
Councilmember Haws and carried unanimously.
Resolution No. 5724 - Credit Card Payment - Justifying the need to offer the
service of credit cards for our residents to make payments, City Treasurer
Reynolds also explained that the City does not receive as many bad checks
since the credit card machine informs us immediately if funds are available.
Credit cards can be used in the Treasurer's Office, Hillside Memorial Park and
the Recreation Division. Councilmember Freedman moved to adopt Resolution
No. 5724, a resolution of the City Council of the City of Redlands authorizing
the acceptance of payments to the City by credit card; directing that all
necessary contracts with appropriate credit card issuers be reviewed by the City
for conformity with Government Code Section 6159 and be approved by the
February 1,2000
Page 6
City Council and executed by the Mayor and City Clerk; and establish a fee to
be charged to persons who use credit cards for City payments in an amount
equal to the cost incurred by the City in making payment by credit cards
available. Motion seconded by Councilmember George and carried
unanimously.
JOINT MEETING-REDEVELOPMENT AGENCY AND CITY COUNCIL
Resolution No, 5720 - Habitat for Humanity- Councilmember Freedman moved
to adopt Resolution No. 5720, 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 for Habitat for Humanity. Motion seconded by
Councilmember George and carried unanimously. This resolution provides for
the acquisition of a vacant lot located at 1140 Sixth Street. (Also see
Redevelopment Agency minutes dated February 1, 2000.)
Resolution No. 5721 - Multi-Unit Rehabilitation - Councilmember Freedman
moved to adopt Resolution No. 5721, 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 for multi-unit rehabilitation. Motion
seconded by Councilmember George and carried unanimously. This resolution
provides for the rehabilitation of a tri-plex located at 6 East Lugonia Avenue as
requested by Mr. William Miller and the rehabilitation of six apartment
buildings (21 units) located on Post and Tribune Streets as requested by Mr.
David Waters. (Also see Redevelopment Agency minutes dated February 1,
2000.)
CLOSED SESSION
The City Council meeting recessed at 4:26 P.M. to a Redevelopment Agency
meeting and reconvened at 4:30 P.M. to a closed session to discuss the
following:
a. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a)
- City of Redlands v. Roberts and Morgan- SCV 54179
- Janzen v. City of Redlands - SRE 29448
- City of:Redlands v. County of San Bernardino and Majestic Realty
Case Nos. SCV 38504 and EO 21447
b. Conference with real property negotiator Government Code §54956.8
Property: APN 298-061-19
Negotiating parties: Ron Mutter and Bear Valley Mutual Water Company
and Bill Locklin
Under negotiation: Terms and price
c. Conference with labor negotiator- Government Code § 54957.6
City Negotiator: Gary Luebbers
Employee organizations:
February 1,2000
Page 7
Redlands Association of Safety Management Employees,
General Employees Association of Redlands
Redlands Association of Mid-Management Employees
Redlands Professional Fire Fighters Association
Redlands Police Officers Association
The meeting reconvened at 7:00 P.M.
February 1,2000
Page 8
PRESENTATIONS
Student Commissioners - Certificates of appreciation for service for the past
year were presented to the following student commissioners: Najwa
Chowdhury, Human Relations Commission; Maile Takahara, Recreation
Commission; Jana Heywood, Parks Commission; and Matthew Rathbun, Traffic
and Parking Commission. Councilmember Freedman moved to appoint Megan
Ball, Redlands East Valley High School, Human Relations Commission;
Monique Sotelo, Redlands East Valley High School, Recreation Commission;
Danielle Terrazas, Redlands High School, Parks Commission; and Hannah
McAnespie, Redlands High School, Traffic and Parking Commission. Motion
seconded by Councilmember George and carried unanimously. Mayor
Gilbreath presented Commissioner's lapel pins to each new student
commissioner.
PUBLIC HEARINGS
Sign Conditional Use Permit No. 2 - Public hearing was continued to this time
and place to consider Sign Conditional Use Permit No. 2 and an accompanying
Negative Declaration for two freeway signs with an area of 608 square feet each
located in the existing Tri-City Shopping Center in the EV/CG (General
Commercial) District of the East Valley Corridor Specific Plan (National Signs,
applicant). Community Development Director Shaw explained the applicant is
proposing two freestanding signs at the Tri-City Shopping Center which exceed
1.20 square feet; therefore, final action must be taken by the City Council in
accordance with the General Plan and Redlands Municipal Code. He described
the signs and text and reviewed the Planning Commission's recommendation for
approval. Mayor Gilbreath declared the meeting open as a public hearing for
any questions or comments. Andy Jones, National Signs, addressed the City
Council and responded the Councilmember Haws' questions. There being no
further comments, the public hearing was declared closed. Councilmember
Freedman moved to approve the Environmental Review Committee's Negative
Declaration for Sign Conditional Use Permit No. 2 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 Peppler and carried
unanimously. Councilmember Freedman moved to approve Sign Conditional
Use Permit No. 2 based on the following findings and requirements:
1. The sign conditional use permit applied for at Tri-City Center is proper for a
conditional use permit;
2. The freeway signs are not detrimental to existing or permitted uses in the
General Commercial District of the East Valley Corridor Specific Plan
where they would be located;
February 1,2000
Page 9
3. On May 19, 1999,. a flag test was conducted to establish the maximum
height of eighty (80) feet for the signs included in this proposal;
4. The proposal will not obscure the view of any other sign which could be
visible from the freeway;
5. The freeway signs are a minimum of one-hundred(100) feet away from any
other freeway sign;
6. The City Council finds that the consolidation of tenants on the same
freestanding sign is architecturally and aesthetically superior to allowing
another freestanding sign for Mervyn's which would otherwise be permitted;
7. The signage meets all criteria of the East Valley Corridor Specific Plan,
Redlands Municipal Code, and the City of Redlands' General Plan; and
8. Prior to the issuance of a building permit, the applicant shall complete the
following: (a) obtain a staff Sign Review from the Planning and Building
and Safety Divisions of the Community Development Department and (b)
all existing Tri-City Center freestanding signs shall be removed prior to
final inspection of the proposed signs.
Motion seconded by Councilmember Haws and carried unanimously.
Donut Hole - Public hearing was advertised for this time and place to review
and discuss planning proposals for the "donut hole" and the East Valley
Corridor Specific Plan. Notices were mailed to property owners within the
"Donut Hole" advising them of this meeting. Mayor Gilbreath declared the
meeting open as a public hearing for the following matters.
East Valley Corridor Specific Plan - Community Development Director
Shaw reviewed the boundaries of the East Valley Corridor Specific Plan
(EVCSP) and the "donut hole" property within the EVCSP and its history
since the beginning of the public meetings in 1980 which resulted in
establishing policy guidelines which were adopted by ordinances by the
three jurisdictions involved: the County of San Bernardino, City of Loma
Linda, and City of Redlands. He then reviewed the specific plan in detail
and its amendments which has been approved as needed. On behalf of the
United Donut Hole Owners Property Association (UDHOPA), Attorney
John Mirau addressed the City Council noting the property owners had felt
adoption of the EVCSP was a commitment of the City to provide water and
sewer service.
UDHOPA Proposals - Councilmember Haws was not present during this
discussion due to a possible conflict of interest. Councilmember Freedman
expressed disappointment that only five to seven property owners were
present at this meeting and felt that UDHOPA was asking for very special
treatment and saw no reason to give them any special treatment as he felt
everyone should follow the rules under the EVCSP guidelines.
Councilmember George directed staff to agendize these items on all future
agendas until negotiations were complete. Mayor Gilbreath read a letter
dated January 26, 2000, from Supervisor Dennis Hansberger who was
February 1,2000
Page 10
invited to this meeting but was unable to attend due to a prior commitment.
In this letter, Mr. Hansberger encouraged the parties to work cooperatively
with the goal of reaching an equitable decision of the development and
annexation to the City. Lucy Negin read a message from her husband, Gary
Negin, urging negotiations be open to the public to insure equitable
treatment. Representing property owner Loren Geib, attorney Bryant
MacDonald urged the City Council to give all property owners equitable
treatment. Representing the owners of approximately 43 acres of property
in the EVCSP, a portion of which is in the "donut hole," Louis Fletcher
asked the City to authorize City staff to work with him on development
agreements for the properties along with a pre-annexation agreement for the
"donut hole" property. After public comments were received,
Councilmember Gilbreath moved to grant Mr. Fletcher's request; motion
seconded by Councilmember George and carried by AYE votes of all
present with Councilmember Haws. Attorney John Mirau noted he had not
understood this meeting was going to be a negotiating session and asked if
the negotiating team has been disbanded. Mayor Gilbreath and Mayor Pro
Tem George indicated the negotiating team would continue to meet with
Majestic Realty Company but that the "donut hole" issue would be dealt
with in public in these Council Chambers. Mr. Mirau did not think this
process would be productive. Jon Harrison felt individual annexations
would make it difficult to plan for the entire area; he also felt open space
was an important issue and addressed the traffic level and its impacts. City
Manager Luebbers noted that Jim Roddy from LAFCO was present at this
meeting. The public hearing was continued by consensus to February 15,
2000. Copies of the proposals will be available at that meeting.
Majestic Realty Company - Councilmember Haws was not present during
this discussion due to a possible conflict of interest. At the request of the
City Council, City Attorney McHugh reviewed the status of the lawsuits
with the County of San Bernardino and Majestic Realty Company.
Councilmember Gilbreath moved to direct staff to ask Majestic Realty
Company and San Bernardino County to dismiss their lawsuits without
prejudice, maintain the status quo, and negotiate out of court. Motion
seconded by Councilmember George and carried by AYE votes of all
present with Councilmember Haws abstaining.
Assembly Bill 1544 - State Assemblyman Brett Granlund has stated his
intention to re-introduce Assembly Bill 1544 on Wednesday, February 2,
2000. Mayor Pro Tem George will go to the Senate Local Government
Committee meeting in Sacramento on behalf of the City. Councilmember
Freedman wanted to know what Assemblyman Granlund was doing by re-
introducing this legislation so quickly. Attorney John Mirau read excerpts
from the transcript of the Senate Local Government Committee meeting
held on January 1.9, 2000, saying that AB 1544 was only delayed for a
couple of weeks; he said they are looking for a quick solution to these
February 1,2000
Page 11
negotiations and this latest procedure will take months; therefore, AB 1544
was necessary. Mayor Gilbreath told Mr. Mirau that the City Council hoped
to hear from them soon on the City's response as this City Council is
committed to completing these negotiations.
February 1,2000
Page 12
The City Council recessed at 8:45 P.M. and reconvened at 8:50 P.M.
UNFINISHED BUSINESS
Agreement - West Redlands Water Company - Councilmember Gilbreath was
not present during this discussion due to a possible conflict of interest and
Mayor Pro Tem George conducted the meeting. City Attorney McHugh
reviewed the relevant principles of the West Redlands agreement. In regards to
the "legality" of the West Redlands agreement, the City Attorney recommended
that the agreement be revised to correct the inconsistencies in the existing
agreement. The City has spoken to the President of the West Redlands Water
Company and he has said the company is willing to execute a new agreement if
that is the wish of the City Council. Bill Cunningham, President of the West
Redlands Water Company, attempted to clarify what he felt was public
misinformation and presented an information sheet as to the financial aspects of
this agreement and the net effect for shareholders. He reiterated his water
company continues to be willing to enter into this agreement. Bob Roberts felt
this agreement provided for subsidized rates for the shareholders and was a bad
deal for the City. Mr. Cunningham responded to Mr. Roberts' comments.
Councilmember Freedman moved to direct staff to re-negotiate a new
agreement with the West Redlands Water Company and to report to the City
Council who gets the stock and who votes the shares when the agreement is
brought back to the City Council for its action. Motion seconded by
Councilmember Haws and carried by AYE votes of all present with
Councilmember Gilbreath abstaining.
Mutual Water Companies Policy - Councilmember Gilbreath was not present
during this discussion due to a possible conflict of interest and Mayor Pro Tem
George conducted the meeting. In 1996, the City Council authorized the
Municipal Utilities Department to enter into a "form" agreement with local
water companies to save the cost of repairs for old water lines in exchange for
connecting the water companies' shareholders to the City's domestic water
system. The City Council further authorized the Municipal Utilities Department
to negotiate the agreements and have them executed by the Mayor without
further review by the City Council. It was noted by the City Attorney the City
Council should also be aware that there is a possible financial benefit to the
company shareholders which permits them to receive City domestic water at a
reduced cost. Staff stands by its 1996 recommendation that the West Redlands
agreement and other agreements entered into by the City, benefit the City. The
Municipal Utilities Department also encourages the City Council to continue
approving these types of arrangements with local mutual water companies. As
requested by the City Council, Chief of Water Resources Doug Headrick
reviewed and showed comparisons of agreements with mutual water companies.
Bob Roberts felt there were substantial differences between the water
companies and this process caused a duplication of costs. Bill Cunningham told
the City Council these agreements are of significant benefit to the City.
February 1,2000
Page 13
Councilmember Freedman moved to continue to support the development of
agreements to provide domestic and irrigation water with mutual water
companies within the City's water service area when it is determined to be in the
best interest of the City. With the understanding the City Council would
approve all future agreements, Councilmember Haws seconded the motion
which carried by AYE votes of all present with Councilmember Gilbreath
abstaining.
Bear Valley Mutual Water Company Proxy - Councilmember Gilbreath was not
present during this discussion due to a possible conflict of interest and Mayor
Pro Tem George conducted the meeting. Municipal Utilities Director Phelps
reminded Councilmembers that at the last City Council meeting, representatives
of the San Bernardino Valley Municipal Water District (Muni) presented an.
offer to grant proxy on its shares of the Bear Valley Mutual Water Company to
the City. An issue of consideration is the significant difference in service areas
of the City and Muni. Muni, as a regional agency, represents a much larger area
that spans from Yucaipa in the east to Fontana in the west. The water needs of
this geographic area may be better served by Muni acting under its own
authority. Mark Bulot, Muni Board Member, encouraged the City Council to
accept this proxy. Councilmember Freedman asked for further clarification as
to the advantage to the City to which .Mr. Bulot responded. Councilmember
Haws moved to accept the offer of January 18, 2000, from the San Bernardino
Valley Mutual Water Company to the City of Redlands for their use at the
annual meeting of the stockholders of Bear Valley Mutual Water Company
scheduled for Tuesday, February 1.5, 2000. Motion seconded by
Councilmember Peppler and carried with Councilmember Freedman voting NO
and Councilmember Gilbreath abstaining. The City Council concurred to meet
on Monday, February 14, 2000, at 10:00 A.M. to review the agenda for the Bear
Valley Mutual Water Company's annual meeting and give directions to
Municipal Utilities Director Phelps as how to vote at this annual meeting.
NEW BUSINESS
Tentative Tract No. 15867 - Campbell Avenue - Councilmember Gilbreath was
not present during this discussion due to a possible conflict of interest and
Mayor Pro Tem George conducted the meeting. Noting we had received
considerable correspondence pertaining to Tract No. 1.5867 and the
requirements associated with the street improvements for Campbell Avenue,
Councilmember Haws placed this matter on the agenda for discussion. Staff
had conditioned this subdivision to widen Campbell Avenue with a standard
street section, but following the presentation of an individual at the May 4,
1999, meeting, the City Council amended the street improvement requirements
to retain the existing width on Campbell Avenue. Since that action, the City has
received input from the residents in the neighborhood asking that the street be
widened. On behalf of the neighbors present, John Terry informed the City
Council they had not received notice of this change and had assumed the street
February 1,2000
Page 14
requirements recommended by the Planning Commission would prevail; he
strongly urged the City Council to go back to the original plan to widen
Campbell Avenue. Another neighbor, Dave Price, expressed appreciation for
allowing the neighbors to appeal this decision. The following people were also
present supporting this request: Medi Tehranchi, Shohreh. Tehranchi, Neveen
Todros, Tony Franjie, Annette Franjie, Joanne Pellis, Ed Pellis, Michael
Kilkenny, Carol S. Kilkenny, Lorna Price, Karen Terry, Richard Applegate,
Bob Allison, Linda Allison, Sheila Tenkin, Maureen Barich, and Paul Barich.
Councilmember-emeritus Geni Banda also addressed the City Council stating
she was on the City Council when the vote was taken for the narrower street and
that she later found out about the misunderstanding; she hoped that the
applicant's representative, Pat Meyer, could assist the City to make this change.
Following discussion with staff, Councilmember George moved to ask the
developer if he would be willing to revisit the conditions of approval with the
offer from City to pay for the additional eight feet of asphalt costs and with the
understanding the City Council would waive processing fees for the processing
of a revised map for the purpose of revising a condition of approval pertaining
to street improvements and promised to process the revised application as soon
as possible; and directed staff to report back on February 15, 2000. Motion
seconded by Councilmember Freedman and carried by AYE votes of all present
with Councilmember Gilbreath abstaining. On behalf of the neighbors,
Mr. Price thanked the City Council for their assistance.
Mayor Gilbreath returned to the City Council Chambers to conduct the
remaining portion of the meeting.
ABC License - Chevron Gas Station - Representing the Chevron Gas Station
Convenience Mart located at 1580 West Redlands Boulevard, Alain Bally asked
the City Council to reverse the City Manager's decision to deny a "finding of
public convenience and necessity" for the sale and dispensing of beer and wine
for off-site consumption. He advised Councilmembers that they would only use
four percent of their floor space for this purpose and expressed a willingness to
place conditions on the sales. City Manager Luebbers explained the application
process with Alcohol Beverage Control. Councilmember Freedman moved to
uphold the City Manager's decision to deny this application. Motion seconded
by Councilmember Haws and carried unanimously.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
1.0:23 P.M. to an adjourned regular meeting to be held on. Monday, February 14,
2000, at 10:00 A.M. in the Council Chambers, Civic Center, 35 Cajon Street,
Redlands, California. The next regular meeting will be held on February 15,
2000.
February 1,2000
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City Clerk
February 1,2000
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