HomeMy WebLinkAbout052102-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 May 21,
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; Beatrice
Sanchez, Deputy City Clerk; Michael Reynolds, City Treasurer; Clete Hyman,
Deputy Police Chief, John Habant, Deputy Fire Chief, Bonnie Johnson, Finance
Director; Ronald C. Mutter, Public Works Director; Karen Olsen, Personnel
Director (afternoon session only); Douglas Headrick, Water Resources Chief
(afternoon session only); Gary Phelps, Municipal Utilities Director (afternoon
and evening sessions); and Jeffrey L. Shaw, Community Development Director.
Moment of Silence - Councilmember Gilbreath asked those in attendance to
observe a moment of silence in memory of Patricia Foist who died Monday
morning, May 20, 2002. Patricia served her entire career with the City of
Redlands, October, 1974, to March 1999, as a devoted and enthusiastic
employee of the Fire Department. Councilmember Gilbreath then lead the
invocation followed by the pledge of allegiance.
Presentation by Southern California Edison - Southern California Edison
Company Regional Manager, Beverly Powell, presented a LED traffic signal
rebate check to the City in the amount of $82,613.50. Public Works Director
Mutter stated he appreciated all the assistance he and his staff received from
Southern California Edison in accomplishing the project.
Retirement Recognitions - James F. (Jamie) Stewart retired from the Municipal
Utilities Department after working for the City from July 30, 1963 to May 17,
2002. A City Seal plaque was presented to Mr. Stewart by Mayor Haws and
Municipal Utilities Director Gary Phelps. Joe M. Vallejos, retired from the
Public Works Department after working for the City from November 19, 1971
to May 9, 2002. Mayor Haws and Public Works Director Mutter presented a
City Seal plaque to Mr. Vallejos. Harlow Mayer retired from the Municipal
Utilities Department after working for the City from February 17, 1964 to
April 26, 2002. Mr. Mayer is recovering from surgery, Mr. Gary Van Dorst of
the Municipal Utilities Department accepted the City Seal plaque on his behalf
and will deliver it to him.
May 21,2002
Page 1
California State Speech Champions - Mayor Haws introduced Redlands High
School students, Sam Cannon and Justin Bogh, California State Speech
Champions. Sam and Justin performed their "duo interpretation" rendition of
Fiddler on the Roof. They will next represent California in the National
Competition on June 16th in North Carolina. Mayor Haws presented
Certificates of Appreciation to Sam and Justin.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the minutes of the regular meeting of May 7, 2002,
were approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler,payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the report of the Planning Commission
meeting held on May 14, 2002, was acknowledged as received.
Resolution No. 6039 - CEQA Guidelines - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, Resolution No. 6039, a
resolution of the City Council of the City of Redlands adopting new local
guidelines for implementing the California Environmental Quality Act, was
unanimously approved.
Termination of Contract for Barton House Seismic Retrofit Project - Public
Works Director Mutter explained the condition of the existing brick structure
and the wood beams were not shown on the plans and could not be effectively
repaired as designed by the consultant architect and the wood beams between
floors are riddled with termite and/or dry rot damage. It was decided to stop all
work until a full evaluation of the structural integrity and evaluation of possible
long-term repair solutions could be made, and until that evaluation is done, the
determination from staff is to terminate the contract. The contractor is
amenable to termination of the contract with final payment in the amount of
$25,550.00. Mrs. Margie Armantrout, representing the Redlands Heritage Park
Committee, stated she supports staff s decision. On motion of Councilmember
Harrison, seconded by Councilmember Peppler, Council unanimously approved
termination of the contract for construction of the Barton House Seismic
Retrofit Project with R. Moody Construction, Inc. On motion of
Councilmember Harrison, seconded by Councilmember Peppler, Council
unanimously approved transferring $25,000.00 from CDBG Project 111-330-
20612/1319 (Barton House Seismic Retrofit) to Project 111-26105/2007 (Street
Improvements/Sun and Union Streets, Revision 1).
May 21,2002
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Release of Lien Agreement - Council unanimously approved to release a lien
agreement dated July 17, 1967, for off-site improvements fronting a lot at the
southeast corner of West Crescent Avenue and Crown Street on motion of
Councilmember Gilbreath and seconded by Councilmember Peppier.
Agreement - Redlands Community Music Association - On motion of
Councilmember Gilbreath, seconded by Councilmember Peppier, Council
unanimously approved an independent contractor agreement (as amended)
between the City of Redlands and the Redlands Community Music Association
for implementation of seven Redlands Bowl Children's Summer Workshops
with two operettas (at Lugonia and Franklin Elementary Schools), provided a
Letter of Agreement between the Association and the School District is
provided to the City, and authorized the Mayor and City Clerk to execute the
agreement.
Fire Station No. 1 - Savings by Design Program - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppier, Council unanimously
authorized the City's participation in Southern California Edison Company's
"Savings by Design" program for Fire Station No. 1.
Funds - Fire Station No. 1 Renovation. Project - Councilmember Gilbreath
stated it was her understanding that no more money would be requested for this
project. Public Works Director Mutter explained the dry rot and termite
damage was discovered when the south wall was being worked on. They tried
to salvage what they could; many lessons were learned for future remodeling
projects. On motion of Councilmember Gilbreath, seconded by Councilmember
Haws, Council unanimously appropriated additional funds in the amount of
$250,000.00 and approved Change Orders Nos. 7 and 8 for Fire Station No. 1
Renovation Project.
Subordination Agreement - On motion of Councilmember Gilbreath, seconded
by Councilmember Peppier, Council unanimously approved authorizing the
Mayor and City Clerk to execute a subordination agreement on an existing lien.
in the amount of$6,155.81 for property located at 1713 Smiley Ridge owned by
Hoss Arad and Fatemeh Ghaffari and authorized the Mayor and City Clerk to
execute the agreement.
License Agreement - Verizon - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppier, Council unanimously approved a license
agreement between the City of Redlands and Verizon for use of a portion of
Smiley Park at Fourth Street and north of Vine Street for installation of
temporary generator equipment and authorized the Mayor and City Clerk to
execute the agreement.
Resolution No. 6042 - Appeal of NPDES Permit - Councilmember George
questioned the need for filing an appeal since he understood we were complying
May 21,2002
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with the permit. Public Works Director Mutter explained that in the process of
adopting the National Pollutant Discharge Elimination System (NPDES) Permit
for the next five-year period, the Regional Water Quality Control Board
solicited and received comments and concerns from the 18
municipalities/agencies. Despite some of the important issues not being
properly responded to, the Regional Board adopted a new permit on April 26,
2002. Because the issues were not addressed adequately, the San Bernardino
County Flood Control District and the County of San Bernardino decided to file
an appeal to the State Water .Resources Control Board. It is the opinion of all
18 municipalities/agencies that they should join in the appeal process.
Councilmember Harrison stated that we are questioning the reasonableness of
the mandate. Mr. Mutter offered to place this on a future agenda to update the
Council and have the City's NPDES Inspector present to answer questions.
Councilmember Peppler moved to approve Resolution No. 6042, a resolution of
the City Council of the City of Redlands approving joining the San Bernardino
County and the San Bernardino County Flood Control District in filing an
appeal for review to the State Water Resources Control Board of action by the
California Regional Water Quality Control Board, Santa Ana Region, in
adopting Order No. R8-2002-0012, NPDES Permit No. CAS618036. Motion
seconded by Councilmember Haws and carried with Councilmember George
voting NO.
Redlands Association of Management Employees - M.O.U. - On motion of
Councilmember Gilbreath, seconded by Councilmember Peppler, Council
unanimously approved the Memorandum of Understanding with the Redlands
Association of Management Employees for the period July 1, 2002, through
June 30, 2004, and authorized the Mayor and City Clerk to execute the
agreement.
Agreement - Engineering Services for Proposed Wellfield and Reservoir - This
item was withdrawn at staff s request.
Contract - CLETS - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, Council unanimously approved a contract between the
City of Redlands and San Bernardino County Sheriffs Department for access to,
and maintenance of, the California Law Enforcement Telecommunications
System (CLETS) and authorized the Mayor and City Clerk to execute the
agreement.
Agreement - Quilting Lessons at Senior Center and Community Center - On
motion of Councilmember Gilbreath, seconded by Councilmember Peppler,
Council unanimously approved an independent contractor agreement with
Darlene Caro to conduct quilting lessons for the Recreation Bureau at the
Senior Center and Community Center and authorized the Mayor and City Clerk
to execute the agreement.
May 21,2002
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Agreement - Fencing Lessons at Community Center - On motion of
Councilmember Gilbreath, seconded by Councilmember Peppler, Council
unanimously approved an independent contractor agreement with Randolph
Bean to develop and conduct fencing lessons for the Recreation Bureau at the
Community Center and authorized the Mayor and City Clerk to execute the
agreement.
Agreement - Computer Literacy Lessons - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, Council unanimously
approved an independent contractor agreement with James Johnson to develop
and conduct computer literacy lessons for the Recreation Bureau at the
Community Center and authorized the Mayor and City Clerk to execute the
agreement.
Proclamation - Save a Life Week - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously authorized
issuance of a proclamation declaring the week of May 1.9-25, 2002, as Save a
Life Week.
PLANNING AND COMMUNITY DEVELOPMENT
SANBAG - Mr. Ty Schuiling, Director of Planning and Programming for
SANBAG, explained that the Congestion Management Program (CMP) for San
Bernardino County was developed by SANBAG through technical and policy
committees with representation from all local jurisdictions, Caltrans, and the
private sector. It was adopted by the Congestion Management Agency (CMA)
Board of Directors in 1992, updated in 1993 and every odd-numbered year
thereafter. SANBAG must monitor implementation of all elements of the CMP
and is required to make annual determination of conformance with the CMP for
each city and the County. If the CMA determines that a jurisdiction has not
conformed to the requirements of the CMP, it will notify that jurisdiction of the
nonconformance. Deficiency plans could then be adopted. The CMP requires a
great deal more consideration of interjurisdictional impacts and even regional
consequences of local decisions than in the past, and imposes penalties for
failing to do so. In response to Councilmember George, Mr. Schuiling
answered that there are no proposed fees at this time, but discussions are being
initiated within San Bernardino County. Mayor Haws thanked Mr. Schuiling
for being here to give us some input so we can start planning.
Resolution No. 6040 - Policy for Implementation of Congestion Management
Plan/Traffic Impact Anal - Community Development Director Shaw
reviewed information regarding the Congestion Management Plan (CMP) and
requirements for preparation of related Traffic Impact Analysis (TIA) for
projects that exceed certain traffic thresholds as well as a summary of how some
local cities are implementing the CMP and identified some alternative
procedures that the City may want to consider in implementing the CMP and
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related TIAs. Resolution No. 4952, adopting a Land Use/Transportation
Analysis Program, approved in 1993 should be amended to reflect recent
updates of the County CMP and provide further clarification on details
particularly as it pertains to identifying "fair share" of costs, establishing a
nexus for a project's share of costs, and identify credit for projects that install
components of the CMP network. There is no immediate need to develop a
detailed policy at this time and staff believes the Council and staff will benefit
from a better understanding of the CMP process. Based on the need for review
and discussion of the CMP and TIA implementation between participating cities
and County to ensure consistency in the way jurisdictions are implementing the
program, staff is recommending this matter be continued to a later date.
Councilmember Gilbreath informed Councilmember that the Council has the
discretion to impose a TIA on small projects. Councilmember Gilbreath moved
to continue this matter and direct staff to develop recommendations for an
implementation policy for the San Bernardino County Congestion Management
Plan Traffic Impact Analysis for projects within the City of Redlands. Motion
seconded by Councilmember George and carried unanimously.
COMMUNICATIONS
Appointment - Airport Advisory Board - On motion of Councilmember Haws,
seconded by Councilmember Peppler, Council unanimously reappointed Eleas
Casillas and John James to four-year terms on the Airport Advisory Board.
Appointment - Recreation Advisory Board - On motion of Councilmember
Haws, seconded by Councilmember Peppler, Council unanimously appointed
Howard P. Cutter to fill the unexpired term of Keith Shomaker to June 30, 2004
on the Recreation Advisory Board.
LATE BREAKING ITEM
Noting that the need to take action was immediate, Councilmember Haws
moved to add the following item to the agenda which arose subsequent to the
agenda being posted: "Conference with legal counsel - Anticipated litigation -
Government Code §54956.9(c)." Motion seconded by Councilmember Peppler
and carried unanimously.
CLOSED SESSION
The City Council meeting recessed at 4:30 P.M. to a closed session to discuss
the following:
1. Conference with legal counsel: Existing litigation - Government Code
§ 54956.9(a)
a. State of California v. City of Redlands, Case No. SCVSS 077035
b. Sunset Drive Corporation v. City of Redlands, Case No. SCV 29599
2. Conference with real property negotiator-Government Code § 54956.8
May 21,2002
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a. Property: APN 168-571-72
Negotiating parties: John Davidson and Sani Panhwar
Under negotiation: Terms and price
3. Conference with legal counsel - Anticipated litigation- Government Code
§54956.9(c)
The meeting reconvened at 7:00 P.M.
ANNOUNCEMENTS/REPO RTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
LAND USE AND PUBLIC HEARINGS
CR&A 730 (Revision No. 1) - Robert Pattillo Properties, Inc., Applicant - An
application for approval of Planning Commission Review and Approval
No. 730 (Revision No. 1) was submitted to delete Condition of Approval No. 45
for Planning Commission Review and Approval No. 730 (Revision No. 1)
which restricts truck traffic onto San Bernardino Avenue in conjunction with a
424,462 square foot regional warehouse and distribution center on
approximately 24.2 acres located on the north side of San Bernardino Avenue,
approximately 1,000 feet west of California Street in Concept Plan No. 2 of the
East Valley Corridor Specific Plan. Community Development Director Shaw
described the project. Councilmember Peppler moved to determine Planning
Commission Review and Approval No. 730 (Revision No. 1) does not require
further environmental processing pursuant to Section 15162 of the California
Environmental Quality Act Guidelines based on the findings and conditions of
approval contained in the staff report. Motion seconded by Councilmember
Harrison and carried unanimously. Councilmember Peppler moved that the
City Council approve the proposed modification to Condition of Approval No.
45 under the Planning Division Section for Planning Commission Review and
Approval No. 730 (Revision No. 1) contained in the staff report. Motion.
seconded by Councilmember Harrison and carried unanimously.
Minor Subdivision No. 258 - Spring Pacific, Applicant - Public notices were
advertised for this time and place to consider a draft negative declaration and
public hearings for Socio-Economic Analysis and Cost/Benefit Study for Minor
Subdivision No. 258 to subdivide Concept Plan No. 2 of the East Valley
Corridor Specific Plan into eight separate parcels generally located on the
northwest corner of California Street and San Bernardino Avenue. Community
Development Director Shaw described the project. Mayor Haws declared the
meeting open as a public hearing. Pat Meyer, representing the applicant, stated
that this project has put in close to $2 Million in CMP improvements along
streets identified by SANBAG and urged Councilmembers to approve the
project. There being no further comments, the public hearing was declared
May 21,2002
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closed. Councilmember George stated he does not know what will occur
between Redlands and SANBAG on the CMP issue. Councilmember Peppler
moved that the City Council approve the Socio-Economic Analysis and
Cost/Benefit Study for Minor Subdivision No. 258, as the project will not create
unmitigable physical blight or overburden public services in the community,
and no additional information or evaluation is needed. Motion seconded by
Councilmember Harrison and carried with Councilmember George voting NO.
Councilmember Peppler moved to approve Minor Subdivision No. 258 subject
to the findings and conditions of approval contained in the staff report. Motion
seconded by Councilmember Harrison and carried with Councilmember George
voting NO.
CR&A No. 735 - Robert Pattillo Properties, Inc., Applicant - Public notices
were advertised for this time and place to consider a draft mitigated negative
declaration and public hearings for Socio-Economic Analysis and Cost/Benefit
Study for Planning Commission Review and Approval No. 735 for the
construction of a 468,139 square foot concrete tilt-up building for a regional
distribution warehouse building on 26.2 gross acres on the northwest corner of
California Street at Palmetto Avenue in Concept Plan No. 2 of the East Valley
Corridor Specific Plan. Community Development Director Shaw described the
project. Mayor Haws declared the meeting open as a public hearing. Pat
Meyer, representing the applicant described the two separate multi-use trails
designed along the bluff. The applicant agrees with all conditions of approval.
There being no further comments, the public hearing was declared closed.
Councilmember Harrison moved to approve the Environmental Review
Committee's Mitigated Negative Declaration for Planning Commission Review
and Approval No. 735 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 Haws and carried with
Councilmember George voting NO, as with the previous item, because he does
not know what will occur between Redlands and SANBAG on the CMP issue.
Councilmember Harrison moved to approve the Socio-Economic Cost/Benefit
Study for Planning Commission Review and Approval No. 735 as it has been
determined that this project will not create unmitigable physical blight or
overburden public services in the community and that no additional information
or evaluation is needed. Motion seconded by Councilmember Haws and carried
with Councilmember George voting NO. Councilmember Harrison moved to
approve Planning Commission Review and Approval No. 735 subject to the
findings and conditions of approval contained in the staff report and modifying
Condition No. 43, "...the applicant shall defend, indemnify and hold harmless
the City of Redlands..." Motion seconded by Councilmember Haws and
carried with Councilmember George voting NO.
May 21,2002
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PUBLIC HEARING
Resolution No. 6027 - Parking and Business Improvement District Area B -
Public hearing was advertised for this time and place to consider Resolution
No. 6027, a resolution of the City Council of the City of Redlands ordering the
continued operation of Parking and Business Improvement District Area B and
confirming the annual report and assessment for Fiscal Year 2002-03. Mayor
Haws declared the meeting open as a public hearing for any questions or
comments. None being forthcoming, the public hearing was declared closed.
Councilmember Gilbreath moved to adopt Resolution No. 6027. Motion
seconded by Councilmember Peppler and carried unanimously.
NEW BUSINESS
Ordinance No. 2491 - Term Limitations of Commissioners - Ordinance
No. 2491, relating to term limitations of commissioners and other housekeeping
items, was presented to the City Council for discussion at its meetings on
January 2, 2002, and February 5, 2002. City Attorney McHugh explained that
this ordinance deletes the chapters relating to Downtown Redlands Business
Association Advisory Board, Personnel Advisory Board, Redevelopment
Advisory Commission and Town Center Advisory Commission. The Public
Works Commission's name will be changed to Municipal Utilities/Public
Works commission, reduction in the membership from nine to seven, solid
waste expertise limitation will be deleted, and the duties will be identified in the
Redlands Municipal Code. In addition, other minor corrections were made, as
detected during staff's review, of various sections. Ordinance No. 2491, an
ordinance of the City of Redlands amending Title 2 of the Redlands Municipal
Code relating to commission and advisory boards, 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. 2491 was introduced with unanimous
Council approval and laid over under the rules with adoption scheduled for
June 4, 2002.
PUBLIC COMMENTS
None forthcoming.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:05 P.M. The next regular meeting will be held on June 4, 2002.
May 21,2002
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Deputy City Clerk
May 21,2002
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