HomeMy WebLinkAbout040202-CC_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, Civic Center, 35 Cajon Street, at 3:00 P.M. on April 2,
2002.
PRESENT Karl N. (Kasey) Haws, Mayor
Susan Peppler, Mayor Pro Tem
Pat Gilbreath, Councilmember
Gary George, Councilmember
Jon.Harrison, Councilmember
ABSENT None
STAFF John Davidson, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Beatrice Sanchez, Deputy City Clerk (evening session);
Michael Reynolds, City Treasurer (afternoon session); Cletus Hyman, Deputy
Police Chief, Mel Enslow, Fire Chief, Bonnie Johnson, Finance Director;
Ronald C. Mutter, Public Works Director; Gary G. Phelps, Municipal Utilities
Director; and Jeffrey L. Shaw, Community Development Director.
The meeting was opened with an invocation by Mayor Haws followed by the
pledge of allegiance.
PRESENTATION
Inland Empire Economic Partnership - Ms. Teri Ooms, President and Executive
Director with the Inland Empire Economic Partnership (IEEP), explained the
benefits of membership in the IEEP, a regional economic development
organization implementing a plan for aggressive and responsible development
of the region's economy. Representing the Chamber of Commerce Economic
Development Committee, Wayne Stair stated they were committed to acting as
the intermediary until the City employs an Economic Development Director.
Councilmembers concurred to continue this discussion for two weeks to discuss
with the Chamber of Commerce contractual participation in IEEP.
CONSENT CALENDAR
Minutes - On motion of Councilmember George, seconded by Councilmember
Peppler, the minutes of the regular meeting of March 19, 2002, were approved
as submitted.
Bills and Salaries - On motion of Councilmember George, seconded by
Councilmember Peppler,payment of bills and salaries was acknowledged.
Auditing Services - On motion of Councilmember George, seconded by
Councilmember Peppler, the City Council unanimously approved the first
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amendment to an agreement for auditing services with Conrad and Associates,
LLP. which provides for an extension of services through June 30, 2003.
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Resolution No. 6031 - TRANS - On motion of Councilmember George,
seconded by Councilmember Peppler, the City Council unanimously adopted
Resolution No. 6031, a resolution of the City of Redlands authorizing and
approving the borrowing of funds for Fiscal Year 2002-2003; the issuance and
sale of a 2002-2003 Tax and Revenue Anticipation Note (TRANS), and
participation in the California Communities Cash Flow Financing Program.
Planning Commission Actions - On motion of Councilmember George,
seconded by Councilmember Peppler, the report of the Planning Commission
meeting held on March 26, 2002, was acknowledged as received.
Ordinance No. 2496 - Amendment 19 - Specific Plan 40 - Ordinance No. 2496,
an ordinance of the City of Redlands amending Ordinances Nos. 2295, 2320,
2321, 2322, 2364, 2432, 2444, 2473, and 2479 (which together comprise the
East Valley Corridor Specific Plan) by adopting Amendment No. 19 to the East
Valley Corridor Specific Plan (Specific Plan No. 40), was unanimously adopted
on motion of Councilmember George, seconded by Councilmember Peppler.
Ordinance No. 2497 - Zone Change No. 382 - Ordinance No. 2497, an
ordinance of the City of Redlands amending Title 18 of the Redlands Municipal
Code by adopting a revised land use zoning plan as part of the Official Land
Use Zoning Map and effecting Zone Change No. 382, a change of zone from
A-1 (Agricultural) District (five-acre minimum lot size) to R-E (Residential
Estates) District (14,000 square foot minimum lot size) for property located at
the northwest corner of Wabash Avenue and Sixth Avenue in the A-1
(Agricultural) District was unanimously adopted on motion of Councilmember
George, seconded by Councilmember Peppler.
Proclamation - Child Abuse Prevention. Month - On motion of Councilmember
George, seconded by Councilmember Peppler, the City Council unanimously
authorized issuance of a proclamation declaring the month of April, 2002, as
Child Abuse Prevention Month and encouraged citizens to participate in the
events and join in the efforts to end child abuse.
Proclamation - Cesar Chavez Day of Service and Learning - On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously authorized issuance of a proclamation declaring April 1, 2002, as
Cesar Chavez Day of Service and Learning in Redlands.
Proclamation - National Community Development Week - On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously authorized issuance of a proclamation celebrating the 28th
anniversary of the Community Development Block Grant program and
observing the week of April 1-7, 2002, as National Community Development
Week 2002.
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Funds - Diesel. Exhaust System - On motion of Councilmember Gilbreath,
seconded by Councilmember Haws, the City Council unanimously approved an
additional appropriation in the amount of $27,820.00 for the purchase of a
diesel exhaust system for Fire Station No. 261 from West-Kote, Inc. and direct
staff to pursue recovery costs from the contractor.
Quit Claim Deed - University of Redlands - On motion of Councilmember
George, seconded by Councilmember Peppler, the City Council unanimously
approved a quit claim deed to the University of Redlands for a portion of excess
right-of-way on University Street, north of Brockton Avenue, and authorized
the Mayor and City Clerk to sign the document on behalf of the City.
Letter of Commitment - Office of Traffic Safety Grant - On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously approved a letter of commitment to participate with SANBAG on
implementation of an Automated Traffic Collision Analysis System, and
authorized the Mayor to sign the letter of commitment on behalf of the City.
Change Orders - Fire Station No. 261 - Councilmember Gilbreath asked how
the City was going to pay for the cost overrides for the Fire Station No. 261
Renovations Project. Finance Director Johnson responded the General Fund
will be paid back through the Development Impact Fees for Fire Service and
that it will just take a little longer to cover the deficit. Noting we were too far
into the process to stop now, Councilmember Gilbreath moved to approve
Change Order Nos. 5 and 6 for the Fire Station No. 261 Renovations Project.
Motion seconded by Councilmember Haws and carried unanimously. Costs to
cover these change orders will be covered by the additional appropriation
approved by the City Council on February 19,2002.
Funds - Contract Amendment - Fire Station No. 264 Architectural Design -
Councilmember Gilbreath moved to appropriate additional funds in the amount
of $36,400.00 and approve an amendment to the contract with Claremont
Environmental Design Group, Inc. for Fire Station No. 264's architectural
design to enlarge the station from a 2x2 bay station to a 3x2 bay station.
Motion seconded by Councilmember Peppler and carried unanimously.
Bid Rejection - Project Home Again Utility Improvement Projeet - Bids were
opened and publicly declared on January 24, 2002, by the City Clerk for the
Project Home Again Utility Improvement Project to upgrade the water and
sewer services to Project Home Again on Lawton Street, north of Stuart Street,
for their future building construction projects; a bid opening report is on file in.
the Office of the City Clerk. Tiger Equipment Company, Inc., Murrieta was the
lowest responsive/responsible bidder in the amount of$114,195.00. Currently,
there is $52,000.00 in Community Development Block Grant funds available
for this project. The project was advertised with the understanding that Project
Home Again would fund the balance necessary to complete the project. At this
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time, Project Home Again is discussing the possibility of scaling back the scope
of this project and has not agreed to fund the balance. Therefore, staff is
requesting that all bids be rejected and that any further action on this project be
tabled until Project Home Again is satisfied with the scope of the project and
has an agreement with the City for funding of the balance. On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously rejected all bids and tabled this project as requested by staff.
Funds - EDI Grant - Boys and Girls Club of Redlands - On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously authorized an additional appropriation in the amount of
$500,000.00 to create a budget for the Boys and Girls Club of Redlands
construction project utilizing grant funds received from the U. S. Congress
Economic Development Initiative (EDI).
Agreement - Home Consortium Member - On motion of Councilmember
George, seconded by Councilmember Peppler, the City Council unanimously
approved participation in the San Bernardino County Department of Economic
and Community Development HOME Consortium and authorized the Mayor
and City Clerk to sign the HOME Consortium Certificate of Interest on behalf
of the City.
Agreement - Consulting Services - Police Department - On motion of
Councilmember Harrison, seconded by Councilmember George, the City
Council unanimously approved an independent contractor agreement with Felix
Roger Jones III to provide consulting services to the Police Department's Value
Based Initiative, provided adequate liability insurance is in place first, and
authorized the Mayor and City Clerk to sign the agreement on behalf of the
City.
Agreement - Redlands YMCA - Police Department - On motion of
Councilmember George, seconded by Councilmember Peppler, the City Council
unanimously approved an independent contractor agreement with the YMCA of
the East Valley, to rent office space and provide consulting services to the
Police Department's Value Based Initiative and authorized the Mayor and City
Clerk to sign the agreement on behalf of the City.
Agreement - Water Well - The request for approval of a professional services
agreement with Richard C. Slade & Associates LLC to perform a water well
feasibility and hydrogeologic study for the proposed Orange Street Wellfield
was withdrawn from the agenda at the request of staff..
Contract - Crafton Reservoir Inlet Pipeline - On motion of Councilmember
George, seconded by Councilmember Peppler, the City Council unanimously
approved a contract with ARB, Inc. for the Crafton Reservoir Inlet Pipeline,
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Project No. 1-0200, and authorized the Mayor and City Clerk to sign the
document on behalf of the City.
COMMUNICATIONS
Appointment - Trails Committee - Mayor Haws moved to nominate Dennis
Christensen to fill the unexpired term of Ted Balph to February 16, 2003, on the
Trails Committee. Motion seconded by Councilmember Harrison and carried
unanimously.
Cell Phone/Pagers Policy - Councilmember Gilbreath suggested adopting a
policy to ban the use of cell phones and pagers in the City Council Chambers as
they can be very disruptive to participants in the Council Chambers.
Councilmembers concurred to post signs asking people to turn their cell phones
and/or pagers off or set them on the silent mode and not to take or make calls
while the meeting is in session.
Agreements - Redlands Sports Park - A management and operations agreement
and a license agreement with Big League Dreams for the Redlands Sports Park
was presented for the City Council's review. Mayor Haws discussed the
agreements at length; comments were also made by Finance Director Johnson,
Public Works Director Mutter, Community Services Division Manager Marjie
Pettus, and City Attorney McHugh. Rick Odekirk and attorney Scott Parks
LeTellier, Big League Dreams, addressed the City Council and answered their
questions at length. Mayor Haws summarized the items to be further reviewed:
the annual presentation of the budget for the City Council's review and
approval, salary allocations, use of alcohol at special events, sponsorship fees
concept, depreciation accounting, earthquake insurance, definition of
food/beverage rules at City events, and a review of liability insurance
requirements. Councilmember Haws then moved to approve, in principal, the
management and operations agreement and the license agreement with Big
League Dreams and to schedule final approval on the consent calendar for the
next City Council meeting with a staff report covering the items he summarized.
Motion seconded by Councilmember Harrison and carried unanimously.
Fee Waiver Policy- Councilmember George asked staff to return with a written
policy for future consideration of requests for waiver of fees which would
include a report from the applicant on its efforts to patronize Redlands'
businesses for items such as brochures, posters, flyers, tee-shirts, hotels, trophy
shops, and food supplies associated with the special event. This would promote
the economic health of the City and encourage the use of local businesses.
Councilmembers concurred with this request.
Consent Calendar Policy - Councilmember George suggested establishing a
policy that if a member of the public requested an item be removed from the
agenda's consent calendar, that the discussion be moved to the evening session
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to allow for more public input. Councilmember Gilbreath felt that policy was
already in effect. Councilmembers concurred with this suggestion.
General Plan Amendment - 1259 Brookside Avenue - Councilmember Harrison
moved to direct staff to include the property located at 1259 Brookside Avenue
in the next City-initiated General Plan Amendment cycle to change this
property's designation to be consistent with the abutting designations. Motion
seconded by Councilmember George and carried unanimously.
JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY
Resolution No. 6032 - Great Neighborhood Program - Councilmember
Gilbreath moved to adopt Resolution No. 6032, a resolution of the City Council
of the City of Redlands authorizing the use of low- and moderate-income
housing funds outside the Redlands Project Area. Motion seconded by
Councilmember George and carried unanimously. (Also see Redevelopment
Agency minutes for April 2, 2002.)
CLOSED SESSION
The City Council meeting recessed at 5:41 P.M. to continue the Redevelopment
Agency meeting and reconvened at 5:45 P.M. to a closed session to discuss the
following:
1. Conference with labor negotiator- Government Code Section 54957.6
Agency negotiator: John Davidson
Employee organization:Redlands Association of Management Employees
2. Conference with real property negotiator - Government Code
Section 54956.8
a. Property: APN 170-191-39
Negotiating parties: Linda Emmerson and Doug Wetton
Under negotiation: Terms and price
b. Property: APN 169-151-20, 21 & 27
Negotiating parties: Linda Emmerson and David Christensen
Under negotiation: Terms and price
c. Property: APN 292-192-23
Negotiating parties: Jim Bueermann and Roy Franklin
Under negotiation: Terms and price
3. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a) - The Redlands Association v City of Redlands
4. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(6) - two cases
5. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(c) - one case
6. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a): one case (This item was unanimously added to the
agenda, having arose subsequent to the agenda being posted, on motion of
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Councilmember George, seconded by Councilmember Peppler, with
Councilmember Gilbreath abstaining due to a potential conflict of interest.)
The meeting reconvened at 7:00 P.M.
April 2,2002
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PRESENTATION
Proclamation - National Victims' Week - The City Council unanimously
authorized issuance of a proclamation declaring the week of April 21-27, 2002,
as National Victims' Week, and commended Families and Friends of Murder
Victims for their commitment to helping others deal with the devastation of
losing a loved one to murder. Mayor Haws presented the proclamation to Rose
Madsen who represented Families and Friends of Murder Victims, Redlands
Chapter. Ms. Madsen invited Councilmembers to join Families and Friends of
Murder Victims for their 5th Annual Candlelight Memorial in honor of all
murder victims and victims of attempted murder to be held on April 25, 2002, at
6:30 P.M. at the Rancho Cucamonga Civic Center.
ANNOUNCEMENTS/REPORTS
Mayor Haws reported he participated in the Easter Pet and Bike Parade
accompanied by his dog Tucker and his three youngest children;
Councilmembers Gilbreath and Harrison also participated in the parade. Mayor
Haws expressed his appreciation to staff for their efforts to finalize the Big
League Dreams contracts. Councilmember Gilbreath announced she has
arranged to have SANBAG make a presentation about the Alameda Corridor at
the next City Council meeting. Councilmember Harrison reported on the
activities of the Redlands Baseball for Youth to celebrate Arbor Day.
Councilmember George reported he was proud to represent the City at the
dedication of the Cesar Chavez garden at the County Museum and will present
the proclamation, which approved earlier in this meeting, declaring April 1,
2002, as Cesar Chavez Day of Service and Learning in Redlands at a prayer
breakfast later this week. Councilmember Peppier reported she and
Councilmember Harrison participated in an urban design tour in Corona; the
group will tour Redlands in the near future. Councilmember Peppler is also
working with the League of California Cities regarding housing elements.
UNFINISHED BUSINESS
Crescent Avenue/Ramona Drive - Traffic Flow Alternatives - Public Works
Director Mutter reported in May, 1995, Margot Williams, a resident on the
corner of Ramona :Drive and Crescent Avenue, made a request to the City
Council to close Crescent Avenue and Ramona Drive to through traffic. Staff
subsequently presented a number of alternatives to the City Council. The
primary request centered around the possible closure of the street to through
traffic or the designation of the streets to a one-way traffic flow system. A
traffic analysis and warrants did not support either a full closure or a
designation to one-way traffic flows. The request for any change was
ultimately denied by the City Council after petitions and letters were presented
indicting opposition to any alternative that would establish closures or one-way
streets. Ms. Williams has again requested consideration of a change in traffic
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patterns for this location. The request was made to the Traffic and Parking
Commission to create a mid-block stop sign at the curve at Ramona Drive and
Crescent Avenue. She felt that measures were necessary to mitigate a large
number of traffic accidents and high traffic speeds at this location. The traffic
accident reports were reviewed by staff, the accident history at this location
does not meet the warrant. Staff strongly recommended denial of the request
for the temporary installation of a three-way stop at the December 18, 2001,
City Council meeting. The City Council directed staff to further review other
traffic calming methods. Staff has prepared the following traffic flow alternates
and described the advantages and disadvantages and the estimated cost for this
location: improve Crescent Avenue at Ramona Drive with a standard "knuckle"
design; redesign of the horizontal curve at Crescent Avenue and Ramona Drive;
and double cul-de-sacs, one at the southerly end of Ramona Drive and one at
the easterly end of Crescent Avenue. Opposing closure to through traffic were:
John Patterson, Ed Dombrowski, Myron Talbert, Dale Burns, Barry Lee, and
David Raley. Supporting the cul-de-sac solution were Ramona Drive residents
Emsley Lee Lopez, Margot Williams, Dodie Alsop, Leslie Bischoff, William
Kosch, Cindy Kosch, John Walsh, and Jim Smith. Carl Davis suggested speed
"pacifiers" be utilized at this location as well as other locations in town such as
Rossmont Drive. Councilmembers discussed this issue at length with Public
Works Director Mutter and concluded to do the following: install stop signs on
Crescent Avenue at the north Center Street intersection; install a speed hump on
Crescent Avenue between Knoll Road and Ramona Drive, install a speed hump
on Ramona Drive between Crescent Avenue and Highland Avenue, install no
parking signs on both sides of Crescent Avenue where the speed hump is
located, and install no parking signs on both sides of Ramona Drive where the
speed hump is located. Councilmember George moved to adopt Resolution
No. 6034, a resolution of the City Council of the City of Redlands establishing
the traffic regulations described above pursuant to Title 10 of the Redlands
Municipal Code. Motion seconded by Councilmember Peppler and carried
unanimously.
The City Council briefly recessed at 8:45 P.M. and reconvened at 8:58 P.M.
NEW BUSINESS
Mobilehome Park Inspections - Community Development Director Shaw
reported the California Health and Safety Code, Section 18400.1, requires
mobilehome and/or manufactured home enforcement agencies (Redlands
Building and Safety Division) to enter and inspect mobilehome parks to ensure
enforcement of the California .Mobilehome Parks Act. City staff has been
conducting these inspections; however, over the past few years, the Building
and Safety Division has fallen behind because there is inadequate staffing to
complete the inspections. The City has the option to relinquish their
responsibilities to the State of California, and staff recommends the City do this.
Councilmember Gilbreath moved to relinquish the City of Redlands'
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responsibilities for the enforcement of mobilehome park inspections and return
the assumption of responsibility for the enforcement of mobilehome park
inspections by sending a written notice to the State of California, Department of
Housing and Community Development, canceling the City's assumption of
responsibility for the enforcement as described in the California Health and
Safety Code, Section 18300(e). Motion seconded by Councilmember George
and carried unanimously.
Donut Hole Referendum Petition - City Clerk Poyzer reported that on.
February 7, 2002, a petition entitled Referendum petition against an ordinance
passed by the City Council of the City of Redlands approving an agreement with
the County of San Bernardino and County Service Area No. 70 EV-1 for the
provision of utilities and other municipal services to CSA 70 EV-1 and the
"Donut Hole" and for the sharing of sales taxes and property taxes generated
within the "Donut Hole" was received in the City Clerk's Office from The
Redlands Association. The petition was transported to the San Bernardino
County Registrar of Voters for examination of the signatures. The examination
was completed on March 20, 2002; the results of that examination were as
follows:
Registered voters at time of receipt of petition 31,116
Minimum number of verified signatures required 3,112
Verified signatures filed by the proponents 5,729
Sufficient signatures 4,259
Signatures found insufficient 1,283
Withdrawals removed from petition 187
Number of withdrawals submitted (572)
Signatures declared insufficient as they were duplicates (131)
Withdrawals received too late (16)
Based on the examination of the signatures, the referendum petition, having
been signed by more than 1.0 percent of the voters of the City of Redlands, was
deemed sufficient by the City Clerk, and the proponents of the petition were
notified as to the sufficiency of said petition on March 20, 2002, in accordance
with Section 9114 of the California Elections Code.
Pursuant to Section 9237 of the California Elections Code, Resolution
No. 5998, a resolution of the City Council of the City of Redlands affirming
findings made pursuant to the California Environmental Quality Act, making
determinations with regard to the Redlands General Plan, and approving an
agreement with the County of San Bernardino and County Service Area No. 70
EV-1, for the provision of utilities and other municipal services to CSA 70 EV-
E and the "Donut Hole," and for the sharing of sales taxes and property taxes
generated within the "Donut Hole" shall be suspended and the City Council
shall reconsider the resolution. If the City Council does not entirely repeal the
resolution, the City Council shall submit the resolution to the voters, either at
the next regular municipal election (November 4, 2003) or at a special election
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called for that purpose, not less than 88 days after the order of the City Council.
The City Council may wish to consider consolidation for a special election on
November 5, 2002, or it may hold a special election on any Tuesday except not
on the day before, the day of, or the day after, a state holiday.
As the election official for the City of Redlands, City Clerk Poyzer also
examined the referendum petition for compliance with the California Elections
Code as to content and format. She reviewed the following items of concern for
the City Council's review and study:
1. Section 9238(a) of the Elections Code reads in part: "Across the top of each
page of the referendum petition there shall be printed the following:
'Referendum Against an Ordinance Passed by the City Council' ..."
a. Said statement is only printed on the first five pages of the referendum
petition; it is not printed on the 35 pages representing Resolution
No. 5998 which were attached to each section when the referendum
petition was filed in the City Clerk's Office. It was assumed the 35
pages representing Resolution No. 5998 were part and parcel of the
referendum petition as it was being circulated, but the City Clerk stated
she did not have personal knowledge one way or the other.
2. Section 9238(b) of the Elections Code reads in part: "Each section of the
petition shall contain (1) the identifying number or title, ..."
a. The title of Resolution No. 5998 printed in the referendum petition is
incomplete. The following is the title of Resolution No. 5998 as adopted
with the text missing in the referendum petition lined out: A resolution
of the City Council of the City of Redlands affi.ming findings n ad-e
detefiminations with fegafd to the Redlands Genefal Plan, and approving
an agreement with the County of San Bernardino and County Service
Area No. 70 EV-1, for the provision of utilities and other municipal
services to CSA 70 EV-1 and the "Donut Hole," and for the sharing of
sales taxes and property taxes generated within the "Donut Hole."
3. Section 9238(b) of the Elections Code reads in part: "Each section of the
petition shall contain...b) the text of the ordinance or the portion of the
ordinance that is the subject of the referendum."
a. The copy of Resolution No. 5998 attached to the referendum petition is
not a copy of the document which was signed by officials of the City of
Redlands, County of San Bernardino, and County Service Area 70
Improvement Zone EV-1; the City Clerk stated she compared the
documents and there did not appear to be any substantive differences.
b. The declaration of the circulator indicates the referendum petition
consists of five (5) pages. It does not appear to include the 35 pages
representing Resolution No. 5998. These are the same pages discussed
in Section 1.
4. Section 100 of the Elections Code reads in part: "...The part of a petition for
the voters'signatures, printed names, and residence addresses and for the
blank spaces for verification purposes shall be numbered consecutively
April 2,2002
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commencing with the number one and continuing through the number of
signature spaces allotted to each section...."
a. There are 80 lines available in each section of the referendum petition
for voters' signatures, etc. but the numbering jumps at line 60 to 71
making the last signature line labeled 90. The petitioners informed me
of this discrepancy at the time of filing. The "extra" ten lines were not
included in their computation of raw signatures.
5. Section 104 of the Elections Code reads in part: "Whenever any petition or
paper is submitted to the elections official, each section of the petition or
paper shall have attached to it a declaration signed by the circulator of the
petition or paper, setting forth, in the circulator's own hand, the following
....(3) The dates between which all the signatures to the petition or paper
were obtained ..."
a. The dates on the referendum petition are pre-printed -- not written in the
circulator's own hand.
b. The date of execution occurs prior to the date the last signature was
supposedly obtained. This declaration is signed "under penalty of
perjury under the laws of the State of California."
Also included in the staff report was an e-mail received on February 19, 2002,
from Jeff Sabatini expressing concerns about the circulation of the referendum
petition and asking that certification be withheld or reversed until it can be
determined if his concerns are justifiable, and a facsimile letter received on
March 22, 2002, from William Arno requesting a formal investigation of his
allegation that petitions were being circulated without all the of petition
language and documents attached.
City Attorney McHugh informed City Council of options available at this time.
The City Council may want the petition reviewed by legal counsel to determine
if the petition is valid. Section 3.5 of the agreement requires certain action by
the property owners within 1.20 days of the effective date of the agreement or
any party, including the City, may terminate the agreement. Section 10 of the
agreement states the agreement may be terminated by CSA 70 EV-1 and/or the
County if a referendum petition is certified by the City Clerk. County counsel
has contacted the City but needs time for consideration.
Bill Javert addressed the City Council rebutting statements made in the press
that claimed he fraudulently obtained signatures; he also stated the petition
contained the full draft of the agreement which he thought was signed by Mayor
Haws. Bill Cunningham reminded Councilmembers that 6,000 residents signed
the petition asking for a vote or reconsideration of the agreement. Marie Evers,
a 20 year resident, told Councilmembers how she observed signatures being
obtained and that proponents did not pass out packets of information but
referred people to City Hall for information. Jeff Sabatini read an e-mail he had
sent to Councilmembers earlier in the day expressing concerns about The
Redlands Association. Durand Jacobs told Councilmembers he was glad the
April 2,2002
Page 13
petition qualified for an election. Gerry Troy felt the people had spoken by
signing the petition. Councilmembers reviewed the options presented by the
City Attorney and agreed it was premature to take any action at this meeting
and that they should allow the County and the property owners the opportunity
to act and have legal counsel review the legal issues raised by the City Clerk.
Councilmember Haws moved to continue this matter to the second meeting in
May. Motion seconded by Councilmember Peppler and carried unanimously.
PUBLIC COMMENTS
Second Harvest Food Bank - John Burke invited Mayor Haws and his guest to
attend and judge the food at the Second Harvest Food Bank's Taste of Inland
Empire evening event on. June 30, 2002, at the Ontario Speedway. He also
invited Councilmembers and encouraged their friends to attend the fund raiser.
The Redlands Association - On behalf of The Redlands Association, Bill
Cunningham responded to comments made during the discussion about the
Donut Hole referendum petition.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
9:43 P.M. The next regular meeting will be held on April 16, 2002.
City Clerk
April 2,2002
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