HomeMy WebLinkAbout080100cc_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 August
2000.
PRESENT Pat Gilbreath, Mayor
Gary George, Mayor Pro Tem
John L. Freedman, Councilmember
Karl N. "Kasey" Haws, Councilmember
Larry E. Burgess, Interim City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Michael Reynolds, City Treasurer
Jim Bueermann, Police Chief
Mel Enslow, Fire Chief
Bonnie Johnson, Finance Director
Tom Fujiwara, Assistant Public Works Director
Gary G. Phelps, Municipal Utilities Director
Jeffrey L. Shaw, Community Development Director
ABSENT Susan Peppler, Councilmember
Councilmember Peppler was absent from this meeting as she was in
Philadelphia,Pennsylvania, attending the Republican National Convention.
The meeting was opened with an invocation by Councilmember Freedman
followed by the pledge of allegiance.
CONSENT CALENDAR
Minutes - On motion of Councilmember George, seconded by Councilmember
Haws, the minutes of the regular meeting of July 18, 2000, were approved as
submitted.
Bills and Salaries - On motion of Councilmember George, seconded by
Councilmember Haws,payment of bills and salaries was acknowledged.
Ordinance No. 2444 - Specific Plan. No. 40, Amendment No. 1.4 - Ordinance
No. 2444, an ordinance of the City of Redlands adopting Amendment No. 14 to
Specific Plan No. 40, an amendment to the East Valley Corridor Specific Plan
to create Section EV3.1413 entitled "Conditionally Permitted Uses," in the
Science Research Park District and to add recycling operations for rock, sand,
gravel, and waste concrete and asphalt as a conditionally permitted use, was
adopted on motion of Councilmember George, seconded by Councilmember
Haws,by the following vote:
AYES: Councilmembers George, Freedman,Haws; Mayor Gilbreath
NOES: None
August 1,2000
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ABSENT: Councilmember Peppler
Resolution No. 5780 - Measure O Tax Rate - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council adopted, by AYE
votes of all present, Resolution No. 5780, a resolution of the City Council of the
City of Redlands levying a tax rate for fiscal year 2000-01 to service the annual
principal, interest, and other charges relating to the Measure O 1994 General
Obligation Refunding Bonds.
Resolution No. 5787 - Paramedic Tax Rate - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council adopted, by AYE
votes of all present, Resolution No. 5787, a resolution of the City Council of the
City of Redlands setting the special tax for emergency paramedic service for
fiscal year 2000-01.
Agreement - Water Stock Purchase - Citing a potential conflict of interest,
Mayor Gilbreath left the City Council Chambers, and Mayor Pro Tem George
conducted the meeting for this matter. On motion of Councilmember Freedman,
seconded by Councilmember Haws, the City Council authorized an agreement
dated August 1, 2000, for the sale of water stock and temporary use of water
with S-P East Highlands, LLC, for the purchase of 6,579 shares of Bear Valley
Mutual Water Company stock for $953,955.00 by the following vote:
AYES: Councilmembers George, Freedman, and Haws
NOES: None
ABSTAIN: Councilmember Gilbreath
ABSENT: Councilmember Peppler
Agreement - Mill Creek Zanja Expanded Inlet - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a cooperative agreement with the San Bernardino
County Flood Control District for improvements to the Mill Creek Zanja Inlet at
Ninth Street and Redlands Boulevard.
Traffic Signals - California Street - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council authorized, by AYE votes
of all present, staff to submit a ten percent(10%) commitment letter to the State
of California, Department of Transportation, for cost sharing of the construction
of traffic signals on California Street at the Interstate 10 freeway ramps.
Property Sale - 1329 Barton Road - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council authorized, by AYE votes
of all present, the execution of a purchase and sale agreement and escrow
instructions between the City of Redlands and Bruce L. Taber, DDS, for
property located at 1329 Barton Road, Assessor's Parcel No. 172-481-02.
August 1,2000
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CDBG Amendment - Boys and Girls Club of Redlands - On motion of
Councilmember George, seconded by Councilmember Haws, the City Council
directed staff, by AYE votes of all present, to request the County Economic
Development Department for an amendment to the County Community
Development Block Grant Consolidated Plan in the amount of $12,000.00 for
the Redlands Boys and Girls Club.
Rental Agreement - Aging and Adult Services - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, an amended rental agreement with the San Bernardino
County Department of Aging and Adult Services and authorized the Mayor and
City Clerk to execute the agreement on behalf of the City. This amendment
extends the term of the original agreement to June 30, 2001, to house the
County's Senior Referral Program at the Community Senior Center and
specifies a rental payment of$200.00 per month.
Rental Agreement - Senior Nutrition Program - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, an amended rental agreement with the San Bernardino
County Department of Community Services and authorized the Mayor and City
Clerk to execute the agreement on behalf of the City. This amendment extends
the term of the original agreement to June 30, 2001, to house the Senior
Nutrition Program which includes the Meals on Wheels program and specifies a
rental payment of$825.00 per month.
Rental Agreement - Sunkissed Squares - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council approved, by AYE votes
of all present, a rental agreement with Sunkissed Squares, an adult square
dancing club which utilizes the Joslyn Senior center to host dances, and
authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.
Lease Purchase Agreement - Police Cars - Councilmember Haws asked if this
request for the lease purchase of police cars was one of the "wish list" items
presented during budget study session. Finance Director Johnson and Police
Chief Bueermann replied that three cars were included in the proposed budget
and an additional two cars was on the "wish list" and approved by the City
Council. Councilmember Freedman moved to approve a lease purchase
agreement with Ford Motor Credit Company for five Ford Crown Victoria
black and white police cars. Motion seconded by Councilmember George and
carried by the following vote:
AYES: Councilmembers Gilbreath, George, and Freedman
NOES: Councilmember Haws
ABSENT: Councilmember Peppler
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Contract - State Mandated Cost Claiming Services - On motion of
Councilmember George, seconded by Councilmember Haws, the City Council
approved, by AYE votes of all present, a contract with DMG-Maximus to
provide comprehensive State mandated cost claiming services to the City for
fiscal year 2000-01.
Contract - PERMITS' Plus Software System - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a contract with Accela.com/Sierra Computer Systems,
Inc. for the purchase, development, installation and training of the PERMITS'
Plus Software System in an amount not to exceed$64,894.05 and authorized the
Mayor and City Clerk to execute the agreement on behalf of the City. On
motion of Councilmember George, seconded by Councilmember Haws, the City
Council approved, by AYE votes of all present, installation of Velocity Hall and
authorized the Mayor to sign a letter of intent. This system will provide for the
tracking and control or processes and permits within the Planning, Code
Enforcement, and Building and Safety Divisions.
Funds - Excellence in Government Award - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, an additional appropriation in the amount of
$20,000.00 to the Police Department for public information materials pursuant
to the Council for Excellence in Government award. The Redlands Police
Department is a semi-finalist in the Innovation in American Government award
process sponsored by the Council for Excellence in Government, the Ford
Foundation, and Harvard University's Kennedy School of Government. As
such, the department is slated to received $20,000.00 to be used to publicize its
community policing model,Risk Focused Policing.
Resolution No. 5789 - Weed Abatement Costs - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council adopted, by AYE
votes of all present, Resolution No. 5789, a resolution of the City Council of the
City of Redlands providing for the assessment of costs resulting from the
abatement of weeds which constitute a fire hazard.
Appointment - Human Relations Commission - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council reappointed, by
AYE votes of all present, Arthur Rand to the Human Relations Commission to a
four-year term to July 2, 2004, as recommended by Mayor Gilbreath.
Agreement - City Manager - On motion of Councilmember George, seconded
by Councilmember Haws, the City Council approved, by AYE votes of all
present, an amendment to the date of employment with Larry E. Burgess for the
Interim City Manager position to reflect the commencement date of May 16,
2000,rather than.April 24, 2000.
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Contract Award- EOC Improvements - Bids were opened and publicly declared
on July 20, 2000, in the office of the Public Works Director for the construction
of the Emergency Operations Center (EOC) Tenant Improvements Project. This
project will construct temporary living quarters within the existing EOC
building to house fire personnel from Fire Station No. 1 during renovation work
on the existing station. The City sent plans and specifications requesting bids to
seven local building contractors; the engineer's estimate was $10,000.00 and
one bid was received as follows:
NBI General Contractors, Redlands $13,969.00
NBI General Contractors was the only responsive/responsible bidder and staff
recommended awarding them the contact in the amount of $13,969.00. This
project is considered a Class 1 Categorical Exemption pursuant to
Section 15301(a) of the California Environmental Quality Act Guidelines. This
section provides an exemption for interior or exterior alterations involving
things such as interior partitions, plumbing, and electrical conveyances. In
response to his questions, staff advised Councilmember George that the EOC
was handicapped accessible. On motion of Councilmember George, seconded
by Councilmember Haws, this recommendation was approved, by AYE votes of
all present, and the Mayor and City Clerk were authorized to sign the contract
on behalf of the City.
Settlement Agreement - Dale Martin and PERS - A copy of an executed
Settlement Agreement and Release with Dale Martin and the Public Employees'
Retirement System (PERS) as agreed to by the City Council in a closed session
was made public in accordance with the requirements of the Brown Act.
Agreement - University of Redlands - On motion of Councilmember George,
seconded by Councilmember Haws, the City Council approved, by AYE votes
of all present, a contract with the University of Redlands allowing the Police
Department to provide management services as previously approved in concept
by the City Council at the July 18, 2000, City Council meeting, and the Mayor
and City Clerk were authorized to sign the contract on behalf of the City.
Agreement - Design of Fire Station No. 261 - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a consulting services agreement with Claremont
Environmental Design Group, Inc. for the final design for Fire Station No. 261,
and the Mayor and City Clerk were authorized to sign the contract on behalf of
the City.
PLANNING AND COMMUNITY DEVELOPMENT
Agreement - Final Approval - Tract No. 16015 - On motion of Councilmember
George, seconded by Councilmember Haws, the City Council approved, by
AYE votes of all present, a subdivision improvement agreement for Tract
No. 16015 located on the north side of Pioneer Avenue, east of Duke Street;
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Gardner Construction, applicant. On motion of Councilmember George,
seconded by Councilmember Haws, the City Council granted final approval, by
AYE votes of all present, to authorize recordation with the County Recorder.
Agreements - Final Approval - Tract No. 16082 - On motion of Councilmember
Freedman, seconded by Councilmember George, the City Council approved, by
AYE votes of all present, the Public Works Department Subdivision
Improvement Agreement for Tract No. 16082 located north of Olive Avenue at
the terminus of Ash and Roma Streets; J. F. O'Brien Construction Corporation,
applicant. On motion of Councilmember Freedman, seconded by
Councilmember George, the City Council approved, by AYE votes of all
present, the Community Development Department Subdivision Improvement
Agreement for Tract No. 16082. On motion of Councilmember Freedman,
seconded by Councilmember George, the City Council accepted Tract
No. 16082 and granted final approval, by AYE votes of all present, to authorize
recordation with the County Recorder.
LATE BREAKING ITEM
Noting that the need to take action was immediate, Councilmember Gilbreath
moved to add the following item to the agenda which arose subsequent to the
agenda being posted: "Designation of Voting Delegate - League of California
Cities Annual Conference" Motion seconded by Councilmember Haws and
carried by AYE votes of all present. Councilmember Gilbreath moved to
designate Councilmember Gilbreath to serve as the voting delegate for the
League of California Cities' 2000 Annual Conference and Councilmember
George to serve as the alternate voting delegate for the League of California
Cities' 2000 Annual Conference. Motion seconded by Councilmember Haws
and carried by AYE votes of all present.
EMINENT DOMAIN HEARINGS
Resolution No. 5783 - Home Depot Project - Resolution No. 5783, a resolution.
of the City Council of the City of Redlands declaring that the acquisition of a
fee interest in a portion of certain real property by eminent domain is necessary
for the widening of Lugonia Avenue in conjunction with the Home Depot
Project, was set for a hearing at this time and place. City Attorney McHugh
explained that Councilmember George has a potential conflict of interest on this
matter and with the absence of Councilmember Peppler the necessary votes are
not available at this time. Therefore, he recommended this hearing be continued
to September 5, 2000. Councilmember Freedman moved to continue this
hearing as recommended. Motion seconded by Councilmember Haws by the
following vote:
AYES: Councilmembers Gilbreath, Freedman, and Haws
NOES: None
ABSTAIN: Councilmember George
August 1,2000
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ABSENT: Councilmember Peppler
Resolution No. 5784 - Colton and Wabash Project - Resolution No. 5784, a
resolution of the City Council of the City of Redlands declaring that the
acquisition of a fee interest in a portion of certain real property by eminent
domain is necessary for the completion of the City's Colton and Wabash
Avenues Intersection Project, was set for a hearing at this time and place. City
Attorney McHugh explained that Councilmember Gilbreath has a potential
conflict of interest on this matter and with the absence of Councilmember
Peppler the necessary votes are not available at this time. Therefore, he
recommended this hearing be continued to September 5, 2000. On behalf of the
property owners, William and LaVesta Locklin, Attorney Wilfrid C. Lemann
said this continuance was acceptable. Councilmember Freedman moved to
continue this hearing as recommended. Motion seconded by Councilmember
Haws by the following vote:
AYES: Councilmembers George, Freedman, and Haws
NOES: None
ABSTAIN: Councilmember Gilbreath
ABSENT: Councilmember Peppler
COMMUNICATIONS
City Council Appeals - At the request of Councilmember Freedman, City
Attorney McHugh prepared a memorandum regarding City Council appeals of
subordinate commission decisions. A few months ago, the City Council.
discussed the City's process for appealing decisions made by the Planning
Commission and other subordinate bodies of the City. Currently the City
Council policy is to allow an appeal by the City Council if a majority of a
quorum of the City Council agrees to schedule that appeal. Ordinarily, this
means an appeal only occurs with three votes of the City Council. Recently a
case was decided by the Second District Court of Appeal which appears to put
the questions that arose earlier to rest. City Attorney McHugh explained the
Court's decision and noted the City Council may wish to revisit the question of
whether it wants one Councilmember to have the ability to appeal a decision of
a subordinate body, or whether it wants to retain the present unwritten policy
that a majority of the City Council must make that type of decision. As part of
the City's Municipal Code update process, the City Attorney will be working
with the Community Development Director to ensure that the City's many
appeal processes in the Municipal Code conform to the holding and guidelines
enunciated recently by the Court of Appeal. Councilmember Freedman moved
to include a provision for a single Councilmember to appeal any decision made
by a subordinate body; motion seconded by Councilmember George. This
motion was modified to include the appeal provision but to decide at the time
the legislation is presented the number of Councilmembers needed for an
appeal. The modified motion was approved by AYE votes of all present.
August 1,2000
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Fence Committee Liaison - Mayor Gilbreath moved to designate
Councilmember Freedman as the City Council liaison to the Advisory
Committee on Fences. Motion seconded by Councilmember George and carried
by AYE votes of all present.
August 1,2000
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CLOSED SESSION
The City Council meeting recessed at 3:15 P.M. to a Redevelopment Agency
meeting and reconvened at 3:23 P.M. to a closed session to discuss the
following:
1. Conference with labor negotiator-Government Code § 54957.6
- Agency negotiator: Renee Mayne, Labor Management Success
- Elected Officials: City Clerk and City Treasurer;
- Contract employee: City Attorney; and
- Employee organizations: Redlands Association of Management
Employees, Redlands Association of Mid-Management Employees,
Redlands Police Officers Association, Redlands Association of Safety
Management Employees, Redlands Professional Fire Fighters
Association, General Employees Association of Redlands
2. Conference with legal counsel: Existing litigation - Government Code §
54956.9(a)
- City of Redlands v. County of San Bernardino - Riverside Superior
Court Case No. 293198
- City of Redlands v. Majestic Realty SCV 38504
3. Conference with legal counsel: Anticipated litigation - Government Code §
54956.9(b) - 1 Case
4. Conference with legal counsel: Anticipated litigation - Government Code §
54956.9(c) - 2 Cases
The meeting reconvened at 7:00 P.M.
PRESENTATION
Habitat Conservation. Areas - Councilmember George reported the Riverside
Land Conservancy (RLC) is working with the San Timoteo Greenway
Conservancy on efforts to develop habitat conservation areas. Mr. Pete
Dangermond, Executive Director of the Riverside Land Conservancy, reviewed
the four components of their work: landowner donations; Santa Ana Watershed
Protection Agency proposal to help fund the planning for the restoration of San
Timoteo Creek; State Park project for designation as a new State Park and State
Wildlife Area; and Environmental Protection Agency plan to optimize the use
of funds appropriated for use in stream restoration and acquisition. Also
speaking were: Anne Mohnike, San Timoteo Watershed Coalition; Lisa Pierce,
San Timoteo Greenway Conservancy; Gary Strickland, San Timoteo Canyon
Schoolhouse Committee; Greg Ballmer, Tri-County Conservation League; Pete
Kiriakos, San Timoteo Greenway Conservancy; and Jerry Cody, San Timoteo
Schoolhouse Committee. On behalf of all involved, Councilmember George
expressed delight that funding is becoming available and recognized the efforts
of Bill Cunningham who was instrumental in the beginning to protect San
Timoteo Canyon. Councilmember George moved that the Redlands City
Council endorse the efforts of the Riverside Land Conservancy to create major
August 1,2000
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park and wildlife areas, and to recognize the Riverside Land Conservancy as the
lead agency in the planning of the APA application, and directed our staff to
cooperation with Mr. Dangermond and his group in these applications. Motion
seconded by Councilmember Freedman and carried by AYE votes of all
present. Councilmembers expressed their appreciation to the countless hours of
volunteerism of these folks and were happy to see the cooperation between the
Counties of San Bernardino and Riverside and the Cities of Loma Linda and
Redlands.
PUBLIC HEARING
CR&A No. 713 - Coyote Aviation- Public hearing was advertised for this time
and place to consider the Draft Negative Declaration and the Socio-Economic
Cost/Benefit Study for Planning Commission Review and Approval No. 713 for
the development of a 21,600 square foot structure containing 15 airplane
hangars and two offices located at the Redlands Municipal Airport,
1.745 Sessums Drive, in the A-D (Airport) District; Coyote Aviation, applicant.
City Attorney McHugh informed Councilmembers that the applicant has
requested that this application be referred back to the Planning Department.
Community Development Director Shaw suggested re-advertising the public
hearing at a future date which was agreeable to the applicant. Mayor Gilbreath
declared the meeting open as a public hearing for any questions or comments.
None being forthcoming, the public hearing was declared closed. No further
action was taken at this meeting.
UNFINISHED BUSINESS
Redlands Sports Park- Mayor Pro Tem George reviewed the presentation at the
last City Council meeting from organized labor, and moved to accept the
generous offer of the International Union of Operating Engineers, Local 12, and
the Riverside/San Bernardino Counties Building and Construction Trades
Council of the AFL-CIO to assist in the construction of the Redlands Sports
Park through their various apprenticeship training programs in coordination.
with City staff. Motion seconded by Councilmember Haws and carried by AYE
votes of all present.
Resolution No. 5788 - Salary - Personnel. Manager Olsen reported that at the
City Council meeting held on July 5, 2000, Council directed staff to come back
with a report on whether or not two classifications within the City were properly
classified; she reviewed the staff s review and analysis of the Police Records
Clerk and Electrician classifications. Staff is recommending that the salary for
Police Records Clerks be tied to the Solid Waste Customer Service
Representative which is currently at a level 39 and that the title Police Records
Technician I/1I be changed to Police Customer Service Representative. Staff is
recommending no change to the title of Electrician. Staff reviewed these
recommendations with Chris Prato of the San Bernardino Public Employees
August 1,2000
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Association, and he did not express any concerns with the proposal.
Councilmember George moved to adopt Resolution No. 5788, a resolution of
the City of Redlands rescinding Resolution No. 5772 and establishing a salary
schedule and compensation plan for City employees, which incorporates the
recommendations for a title change and salary adjustment, effective August 6,
2000, and directed staff to talk with the Electrician. Motion seconded by
Councilmember Freedman and carried by AYE votes of all present.
NEW BUSINESS
Agreement - Victoria School Recreation Prog�r, am - Police Chief Bueermann
explained that it has been a goal of the Recreation Commission to expand after-
school recreation programs. There are several children in neighborhoods
surrounding Victoria Elementary School who are currently lacking positive
after school activities. Administrators at the school and Lois Lauer, the
program's sponsor, contacted the Police Department's Recreation Bureau to
examine the feasibility of bringing the successful Rec-N-Fx program to
Victoria. Although Victoria School is located outside the Redlands' city limits,
children attending the school will move on to Redlands' middle and high
schools. Providing recreation services to Victoria students will promote
regional collaborative efforts and expose children to youth development
programs such as the Redlands Youth Coalition. The City will be reimbursed
for the total cost of the program, including personnel, materials, equipment and
transportation. Lois Lauer, a mentor at Victoria School, explained how the
funds were collected: $10,000.00 from the Redlands Unified School District,
$2,500.00 pledged donations from Lois Lauer's real estate agents, and$2,500.00
matching funds from Lois Lauer Realty. Annie Upshaw, Victoria School's
principal, was also present at this meeting. Councilmember Haws moved to
approve an agreement for contractual services with the Redlands Unified School
District to provide after-school recreation programs at Victoria Elementary
School, and authorized the Mayor and City Clerk to execute the agreement on
behalf of the City. Motion seconded by Councilmember Freedman and carried
by AYE votes of all present.
Joint Meeting with Redlands School Board - Mayor Gilbreath asked staff to
arrange a joint meeting with the Redlands Unified School District
administrators and board members as has been held in the past.
Ordinance No. 2450 - Administrative Citation Process - City Attorney McHugh
explained the California Government Code authorizes cities to establish a
process for issuing administrative citations for code enforcement matters. This
is an alternative process which the City's code enforcement team may pursue
rather than filing citations with the court and proceeding through the judicial
process. The Community Development Department, at the request of our local
judges, has started an administrative citation process. Ordinance No. 2450
would ensure that the administrative process complies with State law and
August 1,2000
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provides appropriate due process to those persons who may be the recipients of
citations. Ordinance No. 2450, an ordinance of the City of Redlands adding
Chapter 1.22 to the Redlands Municipal Code to establish an administrative
citation and remedies process, was read by title only by City Clerk Poyzer, and
on motion of Councilmember George, seconded by Councilmember Haws,
further reading of the ordinance text was waived, and Ordinance No. 2450 was
introduced, by AYE votes of all present, and laid over under the rules with
adoption scheduled for September 5, 2000.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:56 P.M. The City Council will not meet on August 15, 2000; the next regular
meeting will be held on September 5, 2000.
City Clerk
August 1,2000
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