HomeMy WebLinkAbout020403-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 February 4,
2003.
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; Jim Bueermann, Police
Chief; Mel Enslow, Fire Chief, Bonnie Johnson, Finance Director; Ronald C.
Mutter, Public Works Director; Karen Olsen, Personnel Director (afternoon
session); Gary G. Phelps, Municipal Utilities Director (afternoon session);
Douglas Headrick, Water Resources Chief (evening session); and Jeffrey L.
Shaw, Community Development Director.
The meeting was opened with an invocation by Mayor Pro Tem Peppler
followed by the pledge of allegiance. Mayor Pro Tem Peppler included prayers
for the families and the astronauts who died on February 1, 2003, when the
Columbia spaceship disintegrated as it was returning from space to land in
Florida.
WELCOME
Civics Day - Mayor Haws welcomed and introduced the students from
Redlands High School and Redlands East Valley High School who participated
in the annual Civics Day. Civics Day, founded in 1931 allows students to
"shadow" the Councilmembers, City Treasurer, City Manager and department
heads during the business day. Mayor Haws thanked the .Redlands Optimist
Club for sponsoring this event.
PRESENTATION
Retirement - Community Development Director Shaw introduced Manuel
Gaitain who is retiring from the City after serving over 28 years in the Planning
Division, Community Development Department. Mayor Haws presented a
plaque with the City seal to Manuel Gaitan recognizing his loyal and dedication
service to the City.
February 4,2003
Page 1
CONSENT CALENDAR
Minutes - On motion of Councilmember Peppler, seconded by Councilmember
George, the minutes of the regular meeting of January 21, 2003, were approved
as submitted.
Appeal - The Redlands Association - On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously set for
hearing an appeal filed by The Redlands Association of the issuance of a water
connection permit and/or other entitlements (water meter) to Majestic Realty
Company for its Citrus Plaza project and directed the City Clerk to provide
written notice as required by the Redlands Municipal Code. Said hearing will
be heard by the City Council on February 18, 2003, at 3:00 P.M.
Bills and Salaries - On motion of Councilmember Peppler, seconded by
Councilmember George,payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember Peppler,
seconded by Councilmember George, the report of the Planning Commission
meeting held on January 28, 2003, was acknowledged as received.
Ordinance No. 2522 - Permitted Uses in the R-3 District- Ordinance No. 2522,
an ordinance of the City of Redlands amending Chapter 18.60 of the Redlands
Municipal Code relating to permitted uses in the R-3 (Multiple-Family
Residential) District, was unanimously adopted on motion of Councilmember
Peppler, seconded by Councilmember George.
Funds - Building and Safety Division - On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously approved
an additional appropriation in the amount of $67,400.00 to increase "Other
Professional Services" associated with structural plan checks, counter
technicians, and building inspection services in the Building and Safety
Division.
Funds - Lease Amendment - Redlands Municipal Airport - On motion of
Councilmember Peppler, seconded by Councilmember George, the City Council
unanimously approved an amendment to the sublease agreement with Redlands
Aviation to increase the lobby and patio rent by $388.80 for the current fiscal
year for a total rent of$10,175.88, and to authorize an expenditure for electrical
power usage charge in the amount not to exceed $30.00 per month effective
September, 2002, through the remainder of this fiscal year which amounts to
$300.00. On motion of Councilmember Peppler, seconded by Councilmember
George, the City Council unanimously approved an appropriation of$688.80 to
the Special Aviation Operating Fund.
February 4,2003
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Release of Lien - 336 North University Street - On motion of Councilmember
Peppler, seconded by Councilmember George, the City Council unanimously
authorized the release of a lien agreement dated September 27, 1984, for off-site
improvements at 336 North University Street in exchange for payment of the
current value of the lien in the amount of$750.00 by Arturo S. and Purita F. Del
Amen.
Release of Lien - 1334 Texas Street - On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously authorized
the release of a lien agreement dated September 12, 1983, for off-site
improvements at 1334 Texas Street in exchange of payment of the current value
of the lien in the amount of$10,000.00 by Gilbert J. and Jo Ann H. Yglesias.
Funds - Agreement - Redlands Recycled Water Project - On motion of
Councilmember Peppler, seconded by Councilmember George, the City Council
unanimously approved an agreement to furnish construction management and
engineering services with Carollo Engineers for the :Redlands Recycled Water
Project Treatment Facilities and authorized the Mayor and City Clerk to execute
the document on behalf of the City. On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously approved
an additional appropriation in the amount of $1.6 million in the Wastewater
Project Fund that will be utilized to fund the construction management and
engineering services for the Redlands Recycled Water Project Treatment
Facilities.
Contract Award - California Street Landfill - Bids were opened and publicly
declared on January 22, 2003, by the City Clerk for the Groundwater
Monitoring Wells Project at the California Street Landfill; a bid opening report
is on file in the Office of the City Clerk. it was the recommendation of the
Municipal Utilities Department that the responsible bidder submitting the bid
for said project which will result in the lowest cost for the City was Layne
Christensen Company in the amount of$179,975.00, and it would be in the best
interest of the City that this contract be awarded to said firm. On motion of
Councilmember Peppler, seconded by Councilmember George, the City Council
unanimously approved this recommendation, authorized staff to approve costs
up to ten percent (10%) over the total bid amount, and authorized the Mayor
and City Clerk to execute the document on behalf of the City.
Outside City Utility Connection - On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously determined
that Outside City Case (OSC) 03-02, Lot 95 of Tract No. 2242, Mentone Acres
No, 3, APN 298-141-04, is consistent with the City of Redlands General Plan
and that the public health, safety and welfare, and the best interests of the
citizens of Redlands, are served by the City's continued processing of the
application.
February 4,2003
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Agreement - Electricity Cogeneration Facility - On motion of Councilmember
Peppler, seconded by Councilmember George, the City Council unanimously
approved an agreement to furnish operation and maintenance services with
Janecheck & Associations to support the Electricity Cogeneration Facility
located at the City's wastewater treatment plant.
Agreement - Bear Valley Mutual Water Company - Sports Park - Due to a
potential conflict of interest, Councilmember Gilbreath did not participate in
this matter; a Public Disclosure of Potential Conflict of Interest form is on file
in the City Clerk's Office. On motion of Councilmember George, seconded by
Councilmember Harrison, the City Council unanimously authorized staff to
develop a cooperative use agreement with Bear Valley Mutual Water Company
to facilitate the deliver of non-potable water to the Redlands Sports Park.
Confire Air Truck Agreement - On motion of Councilmember Peppler,
seconded by Councilmember George, the City Council unanimously authorized
the City of Redlands to withdraw from the Confire air truck agreement due to
the truck's age and inability to be certified.
Agreements - Fire Training Burns - The agreements and releases with the San
Bernardino County Board of Education for a Fire Control III at 26988 and
26990 Park Avenue, and with Redlands Imperial LLC for fire training at
1449 West Redlands Boulevard were withdrawn from the agenda.
Agreement - Household Hazardous Waste - On motion of Councilmember
Peppler, seconded by Councilmember George, the City Council unanimously
approved a household hazardous waste agreement with the County of San
Bernardino and authorized the Mayor and City Clerk to execute the document
on behalf of the City.
COMMUNICATIONS
Crosswalk - State Street and Redlands Boulevard - Responding to a young
man's concerns expressed at a recent City Council meeting, Councilmember
George has studied the crosswalks at State Street and Redlands Boulevard. The
intersection is very dark with no traffic signals and one of the crosswalks is very
long. By unanimously consensus, the City Council referred this situation to the
Traffic and Parking Commission for review and recommendation as to how to
make this intersection safer for the citizens of Redlands.
Appointment - Traffic and Parking Commission - Mayor Haws moved to
nominate Deborah Salas to serve as the student representative on the Traffic and
Parking Commission. Motion seconded by Councilmember Peppler and carried
February 4,2003
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unanimously. Mayor Haws presented Ms. Salas a commissioner's pin who was
operating one of the television cameras as a volunteer.
Appointments - Library Board - Mayor Haws moved to nominate Martin Davis
to serve another three-year term to January 1, 2006, on the Library Board of
Trustees. Motion seconded by Councilmember George and carried
unanimously. Mayor Haws moved to nominate Rosa E. G6mez to serve a three
year term on the Library Board of Trustees to fill the vacancy created by the
resignation of Dorothy Ziilch. Motion seconded by Councilmember Peppler
and carried unanimously.
JOINT MEETING-CITY COUNCIL AND REDEVELOPMENT AGENCY
Hotel Presentation - Councilmember Harrison introduced William Swank, Sr.,
SDC, LLC, a hotel developer and David Wilensky, Regional Director of
Franchise Sales and Development for Six Continents who presented information
about a prototype Holiday Inn they are considering for downtown Redlands.
The hotel would be six stories high and have 143 rooms, an indoor pool,
restaurant, small bar and a meeting room for 150 people. They indicated they
would be delighted to participate with the City in conserving precious land for
parking and would be willing to design the hotel with a "Redlands look and
feel." Councilmembers urged the developers to continue their efforts with staff.
(Also see Redevelopment Agency minutes for February 4, 2003.)
CLOSED SESSION
The City Council meeting recessed at 3:50 P.M. to continue the Redevelopment
Agency meeting and reconvened at 3:55 P.M. to a closed session to discuss the
following:
1. Conference with real property negotiator - Government Code
Section 54956.8
a. Property: APN 168-121-13
Negotiating parties: Doug Headrick and
Mark Buoye (Ion Communities, LLC) and
Martin Langpap (Standard Pacific)
Under negotiation: Terms and price
Due to a potential conflict of interest, Councilmember Gilbreath did not
participate in this matter; a Public Disclosure of Potential Conflict of
Interest form is on file in the City Clerk's Office.
2. Conference with legal counsel: Anticipated litigation - Government Code
Section 54956.9(c) - one case
3. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a) - State of California v City of Redlands, San Bernardino
Superior Court Case No. SCVSS 077035
February 4,2003
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(This item, which arose subsequent to the agenda being posted and
immediate action was needed, was unanimously added to the agenda on
motion of Councilmember George, seconded by Councilmember Peppler.)
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
LAND USE AND PUBLIC HEARINGS
Ordinance No. 2507 - Identification Signs - Home Depot USA, Applicant -
Public notice was advertised for this time and place to consider Ordinance
No. 2507, Ordinance Text Amendment No. 289, an amendment to Section
15.36 of the Redlands Municipal Code to allow a second main identification
sign for businesses with two street frontages, 100,000 square feet of floor area,
and face a freeway or major arterial. Community Development Director Shaw
explained the City Council reviewed this ordinance on December 17, 2002, and
recommended some minor text changes and language removed from Section
15.36.200 to 15.36.512. The project is not subject to environmental review
because it was eligible for a statutory exemption per Section 1.5061(b)(3) which
allows an exemption where there is a certainty that there is no significant impact
on the environment. The standards contained in this proposed ordinance would
restrict the number of possible users of this ordinance and prevent sign clutter
and serve the signage needs of large buildings. Councilmember Harrison
complimented staff for their efforts to simplify the process. Ordinance
No. 2507, an ordinance of the City of Redlands amending Chapter 15.36 of the
Redlands Municipal Code relating to signs in the commercial zoning district,
was read by title only by City Clerk Poyzer, and on motion of Councilmember
Peppler, seconded by Councilmember Haws, further reading of the ordinance
text was unanimously waived, and Ordinance No. 2507 was introduced with
unanimous Council approval and laid over under the rules with adoption
scheduled for February 18, 2003.
PUBLIC HEARING
Building Permit Allocations - Community Development Director Shaw
announced State Department of Housing and Community Development as
approved our Housing Element that was adopted in October, 2002, as meeting
state guidelines and criteria. There are several policies included in the Housing
Element that have deadlines for implementation that staff is working to satisfy.
One of those policies is Policy 6.5.12 which requires the City Council to
evaluate initiating a ballot measure to allow carry over of unused building
permit allocations from year to year. Therefore, a public hearing was scheduled
for this time and place for the purpose of taking community input on the issue
February 4,2003
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and decide whether to direct staff to prepare such a ballot measure. This action
was encouraged by the State Department of Housing and Community
Development in an effort to better enable the City to meet its regional share of
the housing allocation as assigned to the City of Redlands. Proposition R and
Measure N established a limit of 400 dwelling units that could be built in any
one calendar year. The original number was established based on the historical
average of dwelling units from year to year. While this will not necessarily
prohibit the City from meeting its current housing goals, it may be required to
exceed the 400 unit cap at some point in order to meet the goals if the
development activity were to remain low for an extended period during this
Housing Element's time frame. In order to allow this carry over, it would be
necessary to amend the adopted voter initiative. Community Development
Director Shaw reviewed the building permit activity from 1998 through 2002.
Staff anticipates that there will be a demand for at least 400 building permits
this year based on recently approved projects and Residential Development
Allocations granted and applied for. Councilmembers asked Community
Development Director Shaw questions and he further explained the State's
concerns noting we are not mandated to put this measure on a ballot. Mayor
Haws declared the meeting open as a public hearing for any questions or
comments. On behalf of The Redlands Association, Bill Cunningham
addressed the City Council noting that many cities do not meet low- and
moderate-income housing numbers, and that if the City Council put this
measure on a ballot, that there were many important environmental issues to
address. There being no further comments, the public hearing was declared
closed. Councilmember George suggested putting a measure on the ballot but
recommended allowing no more than a one-year carry over. Councilmember
Peppler felt our goal was to meet the State standards without a ballot measure;
she preferred holding over this discussion until we received the General Plan
report which is expected at the next meeting. Councilmember Harrison felt
there was no reason to put something on the ballot if we could meet the goal; he
wanted to wait and see what happens. Councilmember Haws agreed with this
philosophy. Councilmembers concurred to direct staff to monitor the building
permit allocations closely and report back to the City Council as necessary.
NEW BUSINESS
Transient Occupancy - Councilmember Harrison presented an opportunity
to increase our revenues by placing a measure on the June 2003 ballot to
increase our Transit Occupancy Tax. He shared information compiled by City
Treasurer Reynolds which included rates in the surrounding area and
throughout California. Our current rate is 10 percent and will generate
$350,000.00 this year. Each one percent increase would increase revenue by
$35,000.00. Councilmember Gilbreath felt the City Council should also
consider a utility and entertainment tax and wanted to see a comprehensive
package. Councilmember Peppler wanted more information as to how an
February 4,2003
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increase would effect business in Redlands. Councilmember Haws appreciated
Councilmember Harrison bringing this matter forward but felt we should have
more public input especially from the Chamber of Commerce, Business and
Economic Development Advisory Commission, Downtown Redlands Business
Association, our Economic Development Director and potential hotel
developers. Councilmember Harrison suggested getting a group together to
bring the City Council a report on the pros and cons. By consensus, staff was
directed to recommend who should serve on a committee, study this further and
bring the information forwarding during the budget study sessions.
Ordinance No. 2535 - Parades and Public Assembly Regulations - In an
ongoing effort to review, revise and update, as appropriate, the provisions of the
Redlands Municipal Code, City Attorney McHugh presented this proposed
ordinance. Parades and public assemblies involved First Amendment protected
activity, and the City's regulations must be carefully tailored to ensure they do
not run afoul of constitutional law. This proposed ordinance helps bring code
provisions up to date and consistent with case law. If the ordinance is adopted,
the Police Department should prepare, and bring back to the City Council for
future consideration, a resolution establishing fees for the processing of parade
and assembly permits and a resolution establishing a traffic control fee as
provided within this proposal. Ordinance No. 2535, an ordinance of the City of
Redlands amending Chapter 12.40 of the Redlands Municipal Code relating to
parades and public assemblies, was read by title only by City Clerk Poyzer, and
on motion of Councilmember Haws, seconded by Councilmember Harrison,
further reading of the ordinance text was unanimously waived, and Ordinance
No. 2535 was introduced with unanimous Council approval and laid over under
the rules with adoption scheduled for February 18, 2003
Ordinance No. 2536 - Residential Development Allocations - City Attorney
McHugh explained that within the City's Housing Element of its General Plan,
the City Council established a "guiding policy" to remove governmental and
non-governmental constraints to housing production. One of the programs
adopted by the City Council to carry out this goal was to amend the City's
residential development allocation to place greater emphasis on, and encourage,
projects that include housing that is affordable to lower income persons. The
proposed ordinance would amend the City's residential development allocation
point system to double the amount of points available for projects that provide
low and moderate income and senior citizen housing. Ordinance No. 2536, an
ordinance of the City of Redlands amending Title 19 of the Redlands Municipal
Code relating to residential development allocations, was read by title only by
City Clerk Poyzer, and on motion of Councilmember Haws, seconded by
Councilmember Peppler, further reading of the ordinance text was unanimously
waived, and Ordinance No. 2536 was introduced with unanimous Council
approval and laid over under the rules with adoption scheduled for February 18,
2003.
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February 4,2003
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PUBLIC COMMENTS
A MD - Lisha Smith, the new local government liaison with the South Coast
Air Quality Management District, distributed a packet of information and
reviewed services available from the AQMD. She reminded Councilmembers
the phone number for air quality reports was 1-800-CUT-SMOG.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
7:57 P.M. in honor of the brave Americans and those of other countries,
including one Israelian, who lost their lives on February 1, 2003, in the space
shuttle Columbia catastrophe. Mayor Haws said: "We appreciate their
heroism." The next regular meeting will be held on February 18, 2003.
City Clerk
February 4,2003
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