HomeMy WebLinkAbout051600cc_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 May 16,
2000.
PRESENT Pat Gilbreath, Mayor
Gary George, Mayor Pro Tem
John L. Freedman, Councilmember
Susan Peppler, Councilmember
Karl N. "Kasey" Haws, Councilmember
Daniel J. McHugh, City Attorney
Beatrice Sanchez, Deputy City Clerk
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 Freedman
followed by the pledge of allegiance.
Hgppy Birthday - Mayor Gilbreath invited RTV3 Producer Bob Ettleman out
from the Director's Bay as well as Director Cheryl Entler. Ms. Entler concealed
a bouquet of birthday balloons and a birthday cake for Mr. Ettleman as a
surprise for his upcoming birthday on May 30th. However, because he had a
feeling she was up to something, Bob asked that Cheryl too share in the goodies
because her birthday is May 18th. Mayor Gilbreath introduced the televising
team that makes the Council meeting broadcasts possible.
Baker to Vegas Run - Police Chief Jim Bueermann announced that Redlands
Police Department participated in the "Baker to Vegas" run made up of law
enforcement personnel. This year Redlands came in first place. Eleven of the
team members were present and stood up. This year's captain, Brad Kloepfer,
as well as next year's captain, Marc Tilson, came forward to receive a plaque
and trophy.
CONSENT CALENDAR
Minutes - On motion of Councilmember George, seconded by Councilmember
Freedman, the minutes of the regular meeting of May 2, 2000, were approved as
submitted.
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Page 1
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 May 9, 2000, was acknowledged as received.
Resolution No. 5755 - Animal Shelter Fees - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
adopted Resolution No. 5755, a resolution of the City Council of the City of
Redlands amending Resolution No. 5324 regarding fees for the Redlands
Animal Shelter.
Resolution No. 5760 - Traffic - On motion of Councilmember Haws, seconded
by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5760, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations pursuant to Title 1.0 of the
Redlands Municipal Code: erect stop signs on Colton Avenue at Grove Street.
Resolution No. 5761 - Traffic - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5761, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations pursuant to Title 10 of the
Redlands Municipal Code: post sign to establish a passenger loading and
unloading zone along the north side of Fifth Avenue, adjacent to Moore Middle
School.
Settlement Agreement- David La Vau- In accordance with the requirements of
the Brown Act, the agreement with David:La Vau was placed on the agenda to
notify the public of the settlement in accordance with the terms agreed to by the
City Council in closed session.
Funds - Friends of Hillside Memorial Park - On motion of Councilmember
George, seconded by Councilmember Freedman, the City Council unanimously
approved an appropriation of $405.00 collected as donations to the cemetery
and to be turned over to the Friends of Hillside Memorial Park Fund.
Resolution No. 5762 - Recycling Grant- On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council unanimously adopted
Resolution No. 5762, a resolution of the City Council of the City of Redlands
authorizing the submittal of a funding request to the California :Department of
Conservation's Division of Recycling.
Contract - Trolley Program - On motion of Councilmember George, seconded
by Councilmember Freedman, the City Council unanimously approved a
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contract with Iry Upton to coordinate the City's CMAQ grant and
implementation of the trolley project.
PLANNING AND COMMUNITY DEVELOPMENT
Subdivision Improvement Agreement - Tract No. 15937 - On motion of
Councilmember George, seconded by Councilmember Freedman, the City
Council approved, by AYE votes of all present, a subdivision improvement
agreement for Tract No. 15739, a subdivision of 1.60 single family lots on 61.27
acres generally located on the northeast corner of Lugonia Avenue and
Dearborn Street R-E (Residential Estate) District.
Tract No. 1.5739 - Final Approval - On motion of Councilmember George,
seconded by Councilmember Freedman, the City Council accepted and granted
final approval, by AYE votes of all present, for Tract No. 15739 and authorized
recordation with the County Recorder. Tract No. 15739 is a subdivision of 160
single family lots on approximately 61.27 acres generally located on the
northeast corner of Lugonia Avenue and Dearborn Street in the R-E
(Residential Estate) District; Standard Pacific of the Inland Empire, applicant.
COMMUNICATIONS
Council Policy - Written Agenda Materials - Councilmember Peppler asked the
City Council to consider adopting a policy regarding items that are submitted by
individual Councilmembers for discussion and possible action on the City
Council agendas. She felt City Council, City staff, and the public would greatly
benefit from having written backup materials submitted for each agenda item.
Councilmember Freedman agreed, however, there are instances when a
Councilmember becomes aware of a situation that should be placed on an
agenda the day the agenda is distributed. Councilmember Haws concurred and
recommended the deadline for backup materials be Mondays before a Council
meeting. Councilmember Peppler moved to enact a policy that no item be
placed on the agenda without at least a brief written memo on the background of
the topic and what should be discussed; the deadline is extended to Mondays,
noon, for urgent matters placed on an agenda without backup materials. Motion
seconded by Councilmember Haws and carried unanimously.
Exclusive Negotiations Agreement - Sports Complex - Empire A/G Recreation,
LLC representatives met with individual Councilmembers and City staff
regarding a proposal to develop the City's sports complex in the northeast
section of the City. A PowerPoint presentation was made on the financing of
the sports park and master plan proposals. Mr. David Willis, General Partner,
Empire A/G Recreation LLC, reviewed an Exclusive Negotiation Agreement he
urged Council to approve. Councilmember George stated the City has been
contacted by other companies who would like to present proposals; the City
needs to keep their options open. Councilmember Haws stressed that the doors
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are open to communicate with staff, Parks Commission, Recreation
Commission and community groups. Councilmember George expressed his
concern with the suggested sale of alcohol at the complex; Mr. Willis stated it
would be the same as a team or family going to Shakey's Pizza Parlor after a
game; he added that he would be glad to continue meeting with staff. By
consensus, this matter was continued to a future meeting date.
State of the City Meeting - On motion of Councilmember Freedman, seconded
by Councilmember George, Council unanimously approved holding a "State of
the City" meeting on June 21, 2000, at Heritage Hall of Redlands, 225 East
Olive Avenue. Redlands Chamber of Commerce will co-sponsor the event.
Each Councilmember will have an opportunity to report on projects they are
involved with. Department heads were also invited to participate.
LATE BREAKING ITEM
Noting that the need to take action was immediate, Councilmember Freedman
moved to add the following item to the agenda which arose subsequent to the
agenda being posted:
Recess City Council to a closed session:
a. Conference with real property negotiator- Government Code §54956.8
Property: APN 172-481-02
Negotiating parties: Deborah Craney and Laitb.Mahmood
Under negotiation: Terms and price
b. Conference with legal counsel: Existing litigation - Government Code §
54956.9(a)
- Majestic Realty Company/Redlands Joint Venture LLC v. City of
Redlands/Cities Pavilion Partners, Timberlake Group International et al
(4th Civil No. EO25297)
Motion seconded by Councilmember George and carried unanimously.
CLOSED SESSION
The City Council meeting recessed at 3:45 P.M. to a Redevelopment Agency
meeting and reconvened at 3:46 P.M. to a closed session to discuss the
following:
1. Public employee appointment- Government Code Section 54957
- Interim City Manager
2. Conference with labor negotiator-Government Code § 54957.6
Redlands Association of Management Employees, Redlands Association
of Mid-Management Employees, Redlands Police Officers Association,
Redlands Association of Safety Management Employees, Redlands
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Professional Fire Fighters Association, General Employees Association of
Redlands, City Clerk, City Treasurer, and City Attorney
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CLOSED SESSION (continued)
3. Conference with real property negotiator- Government Code §54956.8
Property: That portion of vacant land bordering Lugonia Terrace
Tract No. 4808, east of Texas Street, west of Calhoun
Street, south of Pennsylvania Avenue, and north of
Lugonia Avenue
Negotiating parties: Deborah Craney and Dean Papapetru for
Dean Properties
Under negotiation: Terms and price
The meeting reconvened at 7:00 P.M.
PUBLIC HEARINGS
Deodara Apartments - David A. Van Diest and Rosa E. Gomez -
Councilmember Peppler announced a potential conflict of interest and left the
Chambers during this discussion. Public hearings were advertised for this time
and place to consider a Negative Declaration for General Plan Amendment No.
65 and Specific Plan No. 52 for a 16 unit apartment complex on 1.16 acres of
property located on the southeast comer of Clifton Avenue and San Mateo
Street. Community Development Director Shaw reported that the proposed
project entails the preservation and rehabilitation of eight existing units which
are contained within a historic church building, six unique apartment units that
were constructed in 1928 and construction of eight new two-story townhouse-
style apartment units within the interior of the site. The project would include
on-site amenities such as improved private and common open space areas,
carports, and a pool/spa area. At the Planning commission meeting a significant
number of the public spoke in favor of the project; a consensus of the public
appears to be a willingness to accept the increased density of the project as a
trade-off to facilitate a project that preserves the unique structures on the
property. Staff reports included petitions from the public that are either in favor
of the project or in opposition.
Mayor Gilbreath declared the meeting open for any questions or comments
from the approximately 155 citizens filling the Council Chambers. Following a
presentation describing the project by the applicants, David A. Van Diest and
Rosa E. Gomez, citizens speaking in favor of the project were: Alex Justice
(also representing his mother, Tamra Madai), Liz Beguelin, Ken King, Leon
Armantrout, Jim Jordan, Loren Weisbroad, Pam Morris (reading a letter from
the an adjoining property owner, the Clark family), Paul Morris, Jo Dierking,
Frank Herendeen, Ken Oliviee, Dan Cocco, and Laurel Hampton-Hunt.
Speaking in opposition were: Ron Wright, Tom Crist, Wayne Knox, Julie
Leggin, and Chris Sedmack who also presented a copied petition containing 105
signatures and 39 speaker forms from individuals who did not speak (some of
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which were also signers on the petition). The public hearing was declared
closed after approximately 60 minutes of comments.
Councilmember George pointed out that staff does not recommend the project
as presented, yet the Planning Commission does recommend it. We all want to
save the property but also want to respect the wishes of the neighbors. He
would like to see a compromise of less, but larger, units and eliminating the
two-story design. Councilmember Freedman stated he could not support over
1 l units so as to not impact the neighborhood. He wants to keep this at low-
medium density project and added the drawings are wonderful. The applicant
returned to the podium to respond to questions from Council regarding the City-
required improvements on Clifton Avenue and San Mateo Avenue.
Councilmember Haws stated that the he thought the two-story, eight-unit
structure changes the character of the neighborhood; he would prefer to see one-
story bungalows and requested the applicant go back and get together with staff
to see what can be worked out with City help in preserving the historical
structure. Councilmember Gilbreath added that the City has a wonderful
historical inventory; the City is open to being flexible, perhaps Clifton Avenue
needs to remain rural looking instead of putting in curb and gutter.
Councilmember Haws pointed out the bungalow look vs. apartment complex is
the dividing line among the neighbors and agreed curb and gutters disturb the
feel of the area. The City needs to do whatever we can to help without the
apartment look. Planning Director Shaw confirmed the Development Team
could meet and take a look at any new design. Councilmember Freedman
moved to continue this item to June 20, 2000. Motion seconded by
Councilmember George and carried by AYE votes of all present with
Councilmember Peppler abstaining.
To allow the large audience to leave the Chambers, the Mayor called for a short
recess from 8:26 P.M. to 8:30 P.M.
Ordinance No. 2439 - Drive-through Restaurants - Public hearing was
advertised for this time and place to consider a mitigated negative declaration.
for Ordinance No. 2439, an ordinance of the City of Redlands amending
Chapter 18.156 of the Redlands Municipal Code relating to separation
requirements between drive-through restaurants. Community Development
Director Shaw reported that it has been staffs experience that locating
driveways within close proximity has not created any adverse traffic issues.
There are established safeguards in place that subject these types of facilities to
an adequate level of scrutiny and potential traffic impacts are one of many
issues that would be considered by the final acting body. Mayor Gilbreath
declared the meeting open for any questions or comments. None being
forthcoming, the public hearing was declared closed.
Councilmember George moved to approve the Mitigated Negative Declaration
for Ordinance No. 2439 based on the finding that the project will not have a
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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 Haws and carried
unanimously. Ordinance No. 2439 was read by title only by Deputy City Clerk
Sanchez, and on motion of Councilmember George, seconded by
Councilmember Haws, further reading of the ordinance text was unanimously
waived, and Ordinance No. 2439 was introduced with unanimous Council
approval and laid over under the rules with adoption scheduled for June 6, 2000.
Resolution No. 5748 - Parking and Business Improvement Area B - Public
hearing was advertised for this time and place to consider Resolution No. 5748,
a resolution of the City Council of the City of Redlands ordering the continued
operation of Parking and Business Improvement Area B and confirming the
annual report and assessment for Fiscal Year 2000-2001. Police Chief
Bueermann reported the Advisory Board for Parking and Business
Improvement Area B recommended approval of this resolution. Mayor
Gilbreath declared the meeting open as a public hearing for any questions or
comments. None being forthcoming, the public hearing was declared closed.
Councilmember Freedman moved to adopt Resolution No. 5748. Motion.
seconded by Councilmember George and carried unanimously.
UNFINISHED BUSINESS
Ordinance No. 2434 - Taxicabs - This item was continued from the May 2,
2000, Council meeting at the request of Mr. Scott Schaffer, Bell Cab Company,
because of concerns about the liability insurance limits. Councilmember
George stated that he met with Mr. Schaffer today because he could not attend
tonight's meeting. Mr. Schaffer operates cabs between Ontario and Yucaipa.
Increasing the required liability limits adds an additional 21% to his insurance
policy and that have to be carried by all his cabs. Finance Director Johnson
stated she too met with Mr. Schaffer and still feels this is a standard amount and
it is not in the City's best interest to make an exception. Ordinance No. 2434
was read by title only by Deputy City Clerk Sanchez, and on motion of
Councilmember Haws, seconded by Councilmember Peppler, further reading of
the ordinance text was unanimously waived, and Ordinance No. 2434 was
introduced with unanimous Council approval and laid over under the rules with
adoption scheduled for June 6, 2000.
Resolution No. 5737 - Landscape Maintenance District - Public Works Director
Mutter explained that Section 22525 of the California Streets and Highways
Code requires that an Engineer's Report be prepared and filed annually,
outlining the assessments to be levied against benefiting properties. The process
requires that two meetings be held by the City Council. One is a public meeting
to review the report in concept and the other is a noticed public hearing. The
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preliminary report for the Landscape Maintenance District was presented to the
City Council on April 18, 2000. Resolution No. 5735, granting preliminary
approval to the Engineer's Report, and Resolution No. 5736, declaring its
intention to levy and collect assessments for fiscal year 2000-2001 pursuant to
the Lighting and Landscaping Act of 1972, were adopted by the City Council on
April 18, 2000. This public meeting gives the City Council an opportunity to
review the Engineer's Report and receive questions and input from the public.
There is no assessment increase proposed, but Public Works Director Mutter
reported the debt continues to grow and is covered by the General Fund.
Resolution No. 5741 - Street Lighting District - Public Works Director Mutter
explained that Section 22525 of the California Streets and Highways Code
requires that an Engineer's Report be prepared and filed annually, outlining the
assessments to be levied against benefiting properties. The process requires that
two meetings be held by the City Council. One is a public meeting to review
the report in concept and the other is a noticed public hearing. The preliminary
report for the Street Lighting District was presented to the City Council on
April 18, 2000. Resolution No. 5739, granting preliminary approval to the
Engineer's Report, and Resolution No. 5740, declaring its intention to levy and
collect assessments for fiscal year 2000-2001 pursuant to the Lighting and
Landscaping Act of 1972, were adopted by the City Council on April 18, 2000.
This public meeting gives the City Council an opportunity to review the
Engineer's Report and receive questions and input from the public. There is no
assessment increase proposed.
Closed Session Report - Interim City Manager - Mayor Gilbreath announced
that following interviews with Interim City Manager candidates on May 11th
and May 15th, it was decided in closed session today that the candidates were
not appropriate for Redlands. In the meantime, we will utilize a part-time
Acting City Manager to assist department heads and to exercise signature
powers. The City Council has selected, and has already been accepted by,
Dr. Larry Burgess, who will serve in conjunction with his responsibilities as A.
K. Smiley Library Director. The Council will continue to search for a
permanent City Manager. Councilmember Peppler added it was a consensus of
the Council that we already possess many qualifications among our own
department heads who work well together; there is no need to spend the extra
money. On motion of Councilmember Gilbreath, seconded by Councilmember
Freedman, Council unanimously authorized naming Dr. Larry Burgess as
Acting City Manager/A. K. Smiley Library Director effective immediately.
Consulting Firm to Search for New City Manager - Personnel Manager Karen
Olsen reported on two proposals from DMG-Maximus and Shannon &
Associates submitted for the City Manager nationwide search. She
recommended a representative from each firm making a presentation to
Councilmembers; Councilmembers Haws and Freedman volunteered to sit in on
the interviews. On motion of Councilmember Freedman, seconded by
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Councilmember George, staff was directed to evaluate both firms and return to
award the contract.
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NEW BUSINESS
Agreement - State Highway Electrical Facilities - On motion of Council-
member George, seconded by Councilmember Peppier, Council unanimously
authorized the Mayor and Deputy City Clerk to sign an agreement with the
State of California Department of Transportation (Caltrans) for sharing costs of
State highway electrical facilities.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:53 P.M. to an adjourned regular meeting to be held on May 19, 2000, at
8:30 A.M. in the City Council Chambers, 35 Cajon Street, Redlands, California.
The next regular meeting will be held on June 6, 2000.
Deputy City Clerk
May 16,2000
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