HomeMy WebLinkAbout071602-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 July 16,
2002.
There being no quorum present, the City Clerk recessed the meeting to
6:30 P.M. for a closed session to hold a conference with legal counsel as
follows:
1. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a)
a. The Redlands Association v City of Redlands - SBSC Case
No. SCVSS 89374
b. Sunset Drive Corporation v City of Redlands - SCV 29599
c. Claim of Val Joseph Pensader et al
2. Conference with labor negotiator- Government Code § 54957.6
City Negotiator: City Manager Davidson
Employee organizations:Redlands Professional Fire Fighters Association
The meeting reconvened at 7:00 P.M.
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; Michael Reynolds, City Treasurer; Mel Enslow, Fire Chief,
Thomas Fitzmaurice, Acting Police Chief, Bonnie Johnson, Finance Director;
Ronald C. Mutter, Public Works Director; Karen Olsen, Personnel Director;
Gary G. Phelps, Municipal Utilities Director; and Jeffrey L. Shaw, Community
Development Director.
The meeting was opened with a moment of silence in memory of Robert (Bob)
Carothers who died July 7, 2002. 2001 Man of the Year, Mr. Carothers was
also a member of our Parks Commission and a very active volunteer in the
community. Councilmember George delivered the invocation which was
followed by the pledge of allegiance.
PRESENTATIONS
Redlands 4th of July Committee -A portion of the proceeds from this year's sale
of the Redlands 4th of July tee-shirts was designated to be given to the
Redlands police and fire benevolent associations and the New York City fire
benevolent association to commemorate the events of September 11, 2001. On
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behalf of the Redlands 4th of July Committee, Inc., Bill McCalmon thanked the
City for its participation and cooperation and the hundreds of volunteers who
made the celebration possible. Mr. McCalmon then presented checks each in
the amount of $1,000.00 to Dan Crow, Redlands Professional Firefighters
Association, Mark Brannen, Redlands Police Officers Association, and
Redlands Fire Chief Enslow who will forward the check to the New York City
Police and Firefighters' Widows and Orphans Fund. On behalf of all of the
citizens, Mayor Haws expressed appreciation for the wonderful celebration.
Proclamation - Sister City: Hino, Japan - Mayor Haws presented a proclamation
to the Redlands Sister Cities Association congratulating them on the attainment
of 40 years of amity, harmony and goodwill with our Sister City, Hino, Japan. A
delegation from Hino will be visiting Redlands later this month.
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the minutes of the regular meeting of July 2, 2002,
were approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler,payment of bills and salaries was acknowledged.
Funds - Contract - Annual Street Report - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, the City Council unanimously
approved a contract with the Office of the State Controller to prepare the City's
Annual Street Report for fiscal year ended June 30, 2002, authorized the Mayor
and City Clerk to execute the document on behalf of the City, and approved an.
additional appropriation in the Gas Tax Fund to cover the report preparation
costs.
Resolution No. 6052 - Measure O Tax Rate - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, the City Council unanimously
adopted Resolution No. 6052, a resolution of the City Council of the City of
Redlands levying a tax rate for fiscal year 2002-03 to service the annual,
principal, interest and other charges relating to the Measure O 1994 General
Obligation Refunding Bonds.
Contract - Actuarial Study - On motion of Councilmember Gilbreath, seconded
by Councilmember Peppler, the City Council unanimously approved a contract
for an actuarial study of the self-insured workers' compensation and liability
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programs with Advanced Risk]Management Techniques, Inc. and authorized the
Mayor and City Clerk to execute the document on behalf of the City.
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Resolution No. 6053 - CFD 2001-1 - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously adopted
Resolution No. 6053, a resolution of the City Council of the City of Redlands
levying special taxes within the City of Redlands Community Facilities District
(CFD)No. 2001-1 (Northwest:Development Project).
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the report of the Planning Commission
meeting held on July 9, 2002, was acknowledged as received.
Resolution No. 6054 - General Plan - Noise Standards - Community
Development Director Shaw explained that staff has received a number of
inquiries from developers on the interpretation of the meaning of Footnote 2 of
Table 9.2 in Section 9 of the Noise Element of the Redlands General Plan which
was amended by Measure U to read as follows: "Outdoor environment limited
to private yard of single family as measured at the property line multifamily
private patio or balcony which is served by a means of exit from inside; mobile
home park; hospital patio; park picnic area; school playground; hotel and
recreation area" (italic words added by Measure U). In attempting to implement
the provisions of the General Plan and specifically the policies and goals within
Chapter 9 regarding noise, staff is unclear on the intent or meaning of the phrase
"private yard of single family." In applying this provision, it becomes important
whenever a single family residential land use is proposed in an area that may
exceed a 60 CNEL. The noise level may be reached in a number of areas
throughout the City, especially along the major traffic arterials. Two primary
ways to define this phase were identified and explained thoroughly. Staff
recommended the City Council determine the phrase "private yard of single
family" be defined as the "rear yard of a single family residence." On behalf of
The Redlands Association which authored Measure U, Bill Cunningham felt the
use of a house as a buffer against the environment was wrong, and that staffs
recommendation was a direct violation of Measure U. City Attorney McHugh
said the interpretation of a private yard was up to the City Council. Following
discussion, Councilmember Haws moved to refer this matter to the Planning
Commission for review and recommendation. Motion seconded by
Councilmember Peppler and carried unanimously.
Agreement - Library - On motion of Councilmember Gilbreath, seconded
by Councilmember Peppler, the City Council unanimously accepted the library
plan of service and building program proposal submitted by RDK Consulting
Services, Inc. and authorized the Mayor and City Clerk to execute the
professional services agreement on behalf of the City for filing an application
under the California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2000.
Agreement - Real Estate Services - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously approved
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an agreement with Wiggans & Willett, Inc. to provide real estate services for
certain properties for the City of Redlands' proposed "core block" project and
authorized the Mayor and City Clerk to execute the document on behalf of the
City. The potential development sites in the downtown area includes three
properties located on the south side of West Stuart Avenue, east of North.
Eureka Street, at a fee not to exceed$15,200.00.
Proclamation - AYSO Cultural Exchange Pro_ gram - On motion of
Councilmember Gilbreath, seconded by Councilmember Peppler, the City
Council unanimously approved issuance of a proclamation thanking the City of
Vildberg, Denmark, and its citizens for making the Redlands American Youth
Soccer Organization's Cultural Exchange Program possible.
Resolution No. 6055 - Designation of Applicant's Agent - On motion of
Councilmember Gilbreath, seconded by Councilmember Peppler, the City
Council unanimously adopted Resolution No. 6055 designation the applicant's
agent for obtaining federal and state financial assistance in the event of a
declared federal or state disaster.
Resolution No. 6066 - Security Gate Card Fee - Redlands Municipal Airport -
On motion of Councilmember Gilbreath, seconded by Councilmember Peppler,
the City Council unanimously adopted Resolution No. 6066, a resolution of the
City Council of the City of Redlands adopting a fee schedule for issuing and
operating the security gate card system at the Redlands Municipal airport.
Agreement - 1350 Zone Reservoir - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously approved
an agreement with Camp Dresser & McKee, Inc. to prepare stand alone
construction contract documents for the 1350 Zone Reservoir and Water
Transmission Pipeline Project and authorized the Mayor and City Clerk to
execute the document on behalf of the City.
Agreement - Water and Wastewater Rate Study - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, the City Council unanimously
approved an agreement with Black & Veatch Corporation to furnish services for
the completion of the Water and Wastewater Rate Study and authorized the
Mayor and City Clerk to execute the document on behalf of the City.
Agreement - Justin Kruizenga - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously approved
an independent contractor agreement with Justin Kruizenga for the purpose of
conducting the AmeriCorps-Go Serve grant for Building A Generation and
authorized the Mayor and City Clerk to execute the document on behalf of the
City.
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Resolution No. 6067 - Salary - Resolution No. 6067, a resolution of the City
Council of the City of Redlands establishing a salary schedule and
compensation plan for City employees and rescinding Resolution No. 6036,
reflects all the staffing level changes associated with the approval of the fiscal
year 2002-03 budget and the scheduled cost of living adjustments for the police,
fire, management, and safety management employee units of representation
which were previously approved the City Council in the respective Memoranda
of Understanding. Councilmember Harrison felt the new position in the Public
Works Department should be called "City Forester and Park Superintendent" to
more accurately reflect the job description. Councilmember Harrison moved to
adopt Resolution No. 6067 with this modification. Motion seconded by
Councilmember Peppler and carried unanimously.
Bilingual Pay - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the City Council unanimously approved amendments
to the Memoranda of Understanding for the Redlands Police Officers
Association, Redlands Professional Firefighters Association, Redlands
Association of Safety Management Employees, San Bernardino Public
Employees Association, Redlands Association of Mid-Management Employees
and Redlands Association of Management Employees authorizing bilingual pay.
COMMUNICATIONS
Donation from WAL-Mart - With appreciation, Councilmember Haws moved to
accept a donation of$1,000.00 from WAL-Mart for use by the City at Sylvan
Park and to appropriate the same amount to the Parks Division, and to accept a
donation of $1,000.00 from WAL-Mart for the Community Services Division
Senior Center Programs and to appropriate the same amount to Senior Services.
Motion seconded by Councilmember Peppler and carried unanimously.
LAND USE AND PUBLIC HEARINGS
CUP 743 - Temple Baptist Church, Applicant - Public notices were advertised
for this time and place to consider a draft mitigated negative declaration and
public hearings for Conditional Use Permit No. 743 and the Socio-Economic
Analysis and Cost/Benefit Study for a three-phase expansion to an existing
religious institution which includes conversion of existing dwellings to offices
and classrooms, conversion of church buildings to youth services and college
ministries buildings, addition of a playground, the addition of 1,329 square feet
of office space and the construction of a two-story 26,024 square foot multi-
purpose worship center located on 6.78 acres at 61.1 East Cypress Avenue in the
R-S (Suburban Residential) and R-2 (Multiple Family Residential) Districts.
Community Development Director Shaw described the proposed project.
Mayor Haws declared the meeting open as a public hearing for any questions or
comments. Expressing his appreciation to staff for their assistance, :Pastor of
the Temple Baptist Church Jonathan Jarboe urged approval of the expansion.
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Architect Charles Brown was available for questions, and congregation member
Greg Batten also expressed his support for the project. There being no further
comments, the public hearing was declared closed. Councilmember Peppler
moved to approve the Environmental Review Committee's mitigated negative
declaration for Conditional Use Permit No. 743 based on the fording 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 Harrison and carried
unanimously. Councilmember Peppler moved to approve the Socio-Economic
Analysis and Cost/Benefit Study for Conditional Use Permit No. 743 as it has
been determined that this 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 unanimously. Councilmember Peppler moved to approve Conditional
Use Permit No. 743 subject to the findings and conditions of approval contained
in the staff report. Motion seconded by Councilmember Harrison and carried
unanimously.
Demolition No. 37 - CR&A No. 740 - Imperial Industrial Group, Applicant -
Public notices were advertised for this time and place to consider a draft
mitigated negative declaration and public hearings for Planning Commission
Review and Approval No. 740 and the Socio-Economic Analysis and
Cost/Benefit Study for the demolition of a vacant restaurant structure over 50
years old located at 1449 West Redlands Boulevard in the (General
Commercial) District of the East Valley Corridor Specific Plan and the
construction of a 10,775 square foot office building on 1.83 acres located at
1449 Redlands Boulevard in the EV/CG (General Commercial) District of the
East Valley Corridor Specific Plan. Community Development Director Shaw
described the proposed project. The building is being built by a private
company and will be leased to the Social Security Administration which will
move their offices from Tennessee Street to this facility. The City Council is
considering the environmental issue at this meeting; the demolition permit will
be considered by the Historic and Scenic Preservation Commission at their
meeting scheduled to be held on August 8, 2002. Mayor Haws declared the
meeting open for any questions or comments. Representing the applicant, Tim
Howard stated he agreed with all the findings, accepted the conditions, and
urged approval of this project. Mimi Barr indicated her questions were
answered by Mr. Howard. Liz Beguelin felt we needed to take a another look at
this building before allowing its demolition and reviewed its history. Phil's of
Redlands was constructed with material dating back into the 1800's. The
dinning room and bar had its ceiling constructed with beams taken from a large
sailing vessel in the 1800's which sunk and was salvaged and sold to Phil's.
Redlands' photographer Jim Sloan displayed many autographed pictures of the
movie and sports celebrities who stopped at Phil's on their way to Palm Springs.
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She suggested asking the Social. Security Administration to incorporate some of
this history in their lobby. Mr. Howard responded stating it would not be
economically feasible to renovate the structure, noting the broken beams in the
attic, the additions that did not appear to meet Code, and the liability the
property is currently creating for the owners. He thought Ms. Beguelin's
suggestion was wonderful and said he would work with the Social Security
Administration. There being no further comments, the public hearing was
declared closed. Councilmember Harrison concurred with the applicant
regarding the structures and thought it would be valuable to work with the
Social Security Administration to design an interesting lobby exhibit.
Councilmember George suggested making the beams available to the local
historical society for preservation. Councilmember George moved to approve
the Environmental Review Committee's mitigated negative declaration for
Planning Commission Review and Approval No. 740 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 Harrison and
carried unanimously. Councilmember George moved to approve the Socio-
Economic Analysis and Cost/Benefit Study for Planning Commission Review
and Approval No. 740 as it has been determined that this 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 unanimously. Councilmember George
moved to approve Planning Commission Review and Approval No. 740 subject
to the findings and conditions of approval contained in the staff report. Motion
seconded by Councilmember Harrison and carried unanimously.
NEW BUSINESS
Ordinance No. 2502 - City Attorney Support Services - Ordinance No. 2502, an
ordinance of the City of Redlands amending Chapter 2.1.5 of the Redlands
Municipal Code relating to the approval and execution of City documents, was
read by title only by City Clerk Poyzer, and on motion of Councilmember
Harrison, seconded by Councilmember Peppler, further reading of the ordinance
text was unanimously waived, and Ordinance No. 2502 was introduced with
unanimous Council approval and laid over under the rules with adoption
scheduled for August 6, 2002.
UNFINISHED BUSINESS
Downtown Specific Plan Boundaries - Community Development Director Shaw
explained Mike Phillips, owner of Citrone, is investigating the possibility of
starting a new restaurant on the northeast corner of Orange and State Streets.
He has gone through the preliminary review process and determined that the
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Page 8
impact fees, in particular the water and sewer fees associated with the venture,
are too high to proceed without assistance from the City. Measure U provides
that all development projects shall be required to pay development fees to cover
100 percent of their pro rata share of the cost of any public infrastructure,
facilities or services. There are exemptions to Measure U which include "new
development projects subject to the Downtown Specific Plan 45, upon a four-
fifths vote of the total authorized membership of the City Council." While the
subject site is not within the Downtown Specific Plan, it has been suggested that
if the City Council were to amend the boundaries to include the property at the
northeast corner of Orange and State Streets, then the City Council by a four-
fifths vote could agree to modify development impact fees below the 100
percent requirement currently required by Measure U. Councilmember
Gilbreath stated it was her intent to expand the boundaries to a much larger area
but she supported this proposal as an interim step. Councilmember Gilbreath
moved to direct staff to imitate a Zoning Ordinance Text Amendment to revise
the boundaries of the Downtown Specific Plan No. 45 as presented at this
meeting. Motion seconded by Councilmember Peppler and carried
unanimously.
PUBLIC COMMENTS
Merchandise on Sidewalk - Brenda Day, owner of Crate-Tivity, 127 Cajon
Street, complained she has been told by the Police Department to remove her
merchandise from the sidewalk in front of her store and asked the City Council
to assist her with her business. City Manager Davidson offered to meet with her
and the property owner.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:37 P.M. The next regular meeting will be held on August 6, 2002.
City Clerk
July 16,2002
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