HomeMy WebLinkAbout020304_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 3,
2004.
There being no quorum present, the Deputy City Clerk recessed the meeting to
7:00 P.M. The meeting was opened with an invocation by Mayor Pro Tem Gil
followed by the pledge of allegiance.
PRESENT Susan Peppler, Mayor
Gilberto Gil, 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; Michael Reynolds,
City Treasurer; Jim Bueermann, Police Chief, Mel Enslow, Fire Chief, Tina
Kundig, Finance Director; Ronald C. Mutter, Public Works Director; Marjie
Pettus, Administrative Services Director; :Douglas Headrick, Water :Resources
Chief; and Jeffrey L. Shaw, Community Development Director.
PRESENTATIONS
Appointment - Student Commissioner - Councilmember Peppler moved to
appoint Amy Powell to serve as the student commissioner on the Parks
Commission. Motion seconded by Councilmember Gil and carried
unanimously. Mayor :Peppler presented a commissioner's pin to Ms. Powell
who is looking forward to serving on the Parks Commission.
HISTORICAL NOTE
City Hall Burns Down - Mayor Peppler shared a newspaper story reporting that
on this day in 1939, Redlands' 44-year old City Hall was destroyed in a raging
morning blaze. The fire which started about 1:45 A.M. destroyed the
$50,000.00 building and raged out of control, spreading to the nearby First
Presbyterian Church and the Contemporary Clubhouse. The City Clerk's office,
located in the southeast corner, was the only portion of the building to escape
the flames.
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
February 3,2004
Page 1
CONSENT CALENDAR
Minutes - On motion of Councilmember Peppler, seconded by Councilmember
Gil, the minutes of the regular meeting of January 20, 2004, were approved as
submitted.
Bills and Salaries - On motion of Councilmember Peppler, seconded by
Councilmember Gil,payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember Peppler,
seconded by Councilmember Gil, the report of the Planning Commission
meeting held on January 27, 2004, was acknowledged as received.
Ordinance No. 2567 - Parking of Motor Homes - Ordinance No. 2567, an
ordinance of the City of Redlands amending Chapter 18.164 of the Redlands
Municipal Code relating to the parking of motor homes and other recreation
vehicles in residential zones, was adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Harrison, with Councilmember Gil
voting NO.
Environmental. Assessment - ABCO Realty & Investments, Inc. - On motion of
Councilmember Peppler, seconded by Councilmember Gil, the City Council
unanimously received and accepted the request from ABCO Realty &
Investments, Inc. for a 90-day extension of time as provided for under the
California Environmental Quality Act and accepted the waiver and release of
claims for Specific Plan No. 58 and Tentative Tract No. 16548 to allow
development of a 64 unit condominium at the southwest corner of Orange
Avenue and Kansas Streets.
Funds - Young Teens' Art in Public Places - On motion of Councilmember
Peppler, seconded by Councilmember Gil, the City Council unanimously
approved the request for an additional appropriation in the amount of$500.00 in
support of the Cultural Arts Commission's Young Teens' Art in Public Places
decorative flag program as recommended by the Downtown Redlands Business
Advisory Board.
Funds - Building Inspection. Services - On motion of Councilmember Peppler,
seconded by Councilmember Gil, the City Council unanimously approved a
request for an additional appropriation of $25,000.00 to increase "Other
Professional Services" in the Building and Safety Division to provide additional
field inspectors for building inspections services and structural plan checks
review.
Waiver and Release of Claims - Huston/Ballard - On motion of Councilmember
Peppler, seconded by Councilmember Gil, the City Council unanimously
approved an agreement for a waiver and release of claims with Russ Huston and
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James Ballard in connection with their applications for two variances, a
Conditional Use Permit, and Commission Review and Approval.
Resolution No. 6247 - Financing Proposals Criteria - Following brief
discussion, Councilmember Harrison moved to adopt Resolution No. 6247, a
resolution of the City Council of the City of Redlands rescinding Resolution
No. 5658 which pertained to establishing criteria for consideration of financing
proposals from new businesses. Motion seconded by Councilmember Gil and
carried unanimously.
Settlement Agreement - Archetko/Cardenas - On motion of Councilmember
Peppler, seconded by Councilmember Gil, the City Council unanimously
acknowledged a settlement and release agreement with Ida Archetko and Ann-
Marie Cardenas for personal injury and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City. The City Council authorized
settlement of this matter in closed session and this release reflects the terms and
conditions for said settlement.
Resolution No. 6248 - ADA Grievance Procedure - On motion of
Councilmember Peppler, seconded by Councilmember Gil, the City Council
unanimously approved Resolution No. 6248, a resolution of the City Council of
the City of Redlands establishing a grievance procedure for complaints relating
to the American with Disabilities Act.
Funds - Contract Award - Traffic Signal UPS System - Bids were opened and
publicly declared on January 8, 2004, by the City Clerk for the Traffic Signal
UPS (uninterruptible power systems) Installation Project; a bid opening report
is on file in the Office of the City Clerk. It was the recommendation of the
Public Works Department that the responsible bidder submitting the bid for said
project which will result in the lowest cost for the City was Steiny and
Company in the amount of$278,140.00 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 Gil, the City Council
unanimously approved this recommendation and approved an appropriation of
$306,000.00 from the Local Transportation Fund.
Funds - Contract Award- Traffic Signal Street Name Signs - Bids were opened
and publicly declared on January 8, 2004, by the City Clerk for the Traffic
Signal Street Name Signs Project; a bid opening report is on file in the Office of
the City Clerk. It was the recommendation of the Public Works Department
that the responsible bidder submitting the bid for said project which will result
in the lowest cost for the City was Pouk & Steinle, Inc. in the amount of
$84,331.00, 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 Gil, the City Council unanimously approved this
February 3,2004
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recommendation and approved an appropriation of $92,000.00 from the Local
Transportation Fund.
Alabama and Orange Streets Bridge Replacement Project - On motion of
Councilmember Peppler, seconded by Councilmember Gil, the City Council
unanimously approved the first amendment to the consultant services agreement
with TYLIN International to complete the geotechnical investigation portion of
the preliminary engineering phase for the Alabama and Orange Street Bridges
Replacement Project in an amount not to exceed$50,840.00.
Agreement - DASH, Inc. - On motion of Councilmember Peppler, seconded by
Councilmember Gil, the City Council unanimously approved an independent
contractor agreement with Development Aging Solutions with Heart, Inc.
(DASH, Inc.) in order that the City may reimburse DASH for its expenses under
the CDBG Program and the City, in turn, may seek reimbursement from the San
Bernardino County Economic and Community Development Department.
Mutual Water Company Stock Purchase - Due to a potential conflict of interest,
Councilmember Gilbreath retired from the Council Chambers and did not
participate in this matter; a Public Disclosure of Potential Conflict of Interest
form is on file in the City Clerk's Office. Councilmember Gil moved to
approve the purchase of 84 shares of Bear Valley Mutual Water Company stock
from Molly Anderson for a total price of $10,500.00. Motion seconded by
Councilmember George and carried by AYE votes of all present.
Cell Tower Leases - On motion of Councilmember Peppler, seconded by
Councilmember Gil, the City Council unanimously approved a wireless service
facility land lease agreement with Sprint PCS for the placement of a stealth
wireless service facility located in the City's :Prospect Park Grove contingent
upon subsequent approval to enter into the lease from HUD. On motion of
Councilmember Peppler, seconded by Councilmember Gil, the City Council
unanimously approved a wireless service facility land lease agreement with
Sprint PCS for the placement of a stealth wireless service facility located in the
City's California Street Grove.
Agreement - Hinckley Water Treatment Plant - On motion of Councilmember
Peppler, seconded by Councilmember Gil, the City Council unanimously
approved and authorized execution of a agreement to furnish engineering
services with Carollo Engineers for a feasibility study for the Hinckley Water
Treatment Plant, a water supply system evaluation, and support for the
Mountainview Power Plant water supply agreement.
Economic Development Consultant Services - Discussion regarding an
agreement with the Redlands Chambers of Commerce for economic
development services provided by Ralph Megna was continued from the
January 20, 2004, meeting and discussed at the special meeting held earlier on
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this date. City Manager Davidson presented a letter from Mr. Megna, Empire
Development Solutions, outlining contractual assumptions which he felt
provided the greatest possible level of benefit to the City while keeping the
costs within the $90,000.00/year budget. Joel Peterson, President of the
Redlands Chamber of Commerce, addressed the City Council and encouraged
them to renew this contract. Councilmember George moved to approve, in
concept with additional language to be added regarding quarterly reports and
scope of responsibilities, an agreement with the Redlands Chamber of
Commerce in the amount of $90,000.00 for the provision of economic
development consultant services. Motion seconded by Councilmember Gil and
carried with Councilmember Gilbreath voting NO as she felt the contract should
be fully funded for $100,000.00 and that the scope of responsibility not be
limited.
UNFINISHED BUSINESS
Redlands Sports Park - Discussion on the Redlands Sports Park and the
biological opinion project description to be provided to the U. S. Fish and
Wildlife Service regarding the habitat for the San Bernardino Kangaroo Rat was
continued to this time from the special meeting held earlier on this date. Senior
Civil Engineer Bill. Heznsley presented more information regarding this matter
listing the pros and cons of designating an off-site or on-site habitat.
Councilmember George moved to direct staff to provide a biological opinion
project description to the United States Fish and Wildlife Service (FWS) that
designates the FWS offered 107 acres as the permanent off-site San Bernardino
Kangaroo Rat habitat and not to have a temporary on-site habitat. Motion was
seconded by Councilmember Harrison and carried unanimously.
Resolution Nos. 6241-6242- CFD 2003-1 - Redlands Business Center-Finance
Director Kundig presented Resolution No. 6241, a resolution of the City
Council of the City of Redlands approving the execution and delivery of an
acquisition and funding agreement and other matters related to the Community
Facilities District No. 2003-1 (Redlands Business Center), and Resolution.
No. 6242, a resolution of the City Council of the City of Redlands authorizing
the issuance of not to exceed $9,600,000.00 aggregate principal amount of City
of Redlands Community Facilities District No. 2003-1 (Redlands Business
Center) Special Tax Bonds, Series 2004, approving the execution and delivery
of an indenture, a bond purchase contract and a continuing disclosure certificate
and the preparation of an official statement and other matters related thereto.
On November 4, 2003, the City Council, by resolution, declared the City's
intent to establish a Community Facilities District to levy special taxes related
to the proposed District and to incur bonded indebtedness related to the same.
On January 6, 2004, the City Council approved four additional resolutions and
an ordinance which collectively authorized the formation of the District and the
levy of special taxes within the District. All costs associated with the formation
of the District are borne by the property owners. The City will recover all its
February 3,2004
Page 5
staff time and any other on-going expenses via bond proceeds and an
administrative fee of up to $50,000.00 per year, increasing at 2 percent per year
as necessary. Sara Oberlies, Stone & Youngberg, was present at this meeting to
answer any questions. Councilmember Harrison moved to adopt Resolution
No. 6241. Motion seconded by Councilmember Gilbreath and carried
unanimously. Councilmember Harrison moved to adopt Resolution No. 6242.
Motion seconded by Councilmember Gilbreath and carried unanimously.
LAND USE AND PUBLIC HEARINGS
Zigrossi Family Trust, Applicant - Public notice was advertised for this time
and place to consider a Negative Declaration as well as public hearings for a
Socio-Economic Analysis and Cost/Benefit Study for Pre-Annexation
Agreement No. 03-03 in relation to 8.27 gross acres located on the west side of
Walnut Avenue, approximately 610 feet south of Sixth Avenue in the Crafton
Area. Community Development Director Shaw described the project and the
application. Mayor Peppler declared the meeting open as a public hearing for
any questions or comments. The applicant was present to answer questions.
There being no comments, the public hearing was declared closed.
Negative Declaration - Councilmember Gilbreath moved to approve the
Environmental. Review Committee's negative declaration for Pre-
Annexation Agreement No. 03-03 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 George
and carried unanimously.
Socio-Economic Analysis and Cost/Benefit Study_ - Councilmember
Gilbreath moved to approve the Socio-Economic Analysis and Cost/Benefit
Study for Pre-Annexation Agreement No. 03-03 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 George and
carried unanimously.
Pre-Annexation Agreement No. 03-03 - On motion of Councilmember
Gilbreath, seconded by Councilmember George, the City Council
unanimously approved Pre-Annexation Agreement No. 03-30.
Mary Miller Family Trust, Applicant -- Public notice was advertised for this
time and place to consider a Negative Declaration as well as public hearings for
a Socio-Economic Analysis and Cost/Benefit Study for Pre-Annexation
Agreement No. 03-07 in relation to 16.17 gross acres located on the south side
of Nice Avenue, between Crafton Avenue and Agate Avenue in the Menton
Area. Community Development Director Shaw described the project and the
application. Mayor Peppler declared the meeting open as a public hearing for
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any questions or comments. None being forthcoming, the public hearing was
declared closed.
Negative Declaration - Councilmember Gilbreath moved to approve the
Environmental Review Committee's negative declaration for Pre-
Annexation Agreement No. 03-07 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 George
and carried unanimously.
Socio-Economic Analysis and Cost/Benefit Study - Councilmember
Gilbreath moved to approve the Socio-Economic Analysis and Cost/Benefit
Study for Pre-Annexation Agreement No. 03-07 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 George and
carried unanimously.
Pre-Annexation Agreement No. 03-07 - Councilmember Gilbreath moved to
approve Pre-Annexation Agreement No. 03-07. Motion seconded by
Councilmember George and carried unanimously.
Quantum Structures, LLC - Public notice was advertised for this time and place
to consider a Draft Mitigated Negative Declaration as well as public hearings
for a Socio-Economic Analysis and Cost/Benefit Study for Resolution.
No. 6234, Specific Plan No. 39 (Revision No. 1), a revised specific plan to
develop 7.5 acres into a single family residential development containing
57 residential lots located on the south side of Orange Avenue, approximately
200 feet east of Alabama Street and Tentative Tract No. 16444, a tentative tract
to subdivide 7.5 acres into 57 residential lots in Specific Plan No. 39 located on
the south side of Orange Avenue, approximately 200 feet east of Alabama
Street. These applications were withdrawn by the applicant and no further
action was required.
PUBLIC HEARING
Resolution No. 6225 - Street Vacation No. 126 -Public hearing was advertised
for this time and place for the vacation of a portion of Idaho Street located north
off the intersection of Plum Lane and Idaho Street (AKS and BEK Partnership,
applicant). Mayor Peppler declared the meeting open as a public hearing for
any questions or comments concerning this street vacation. None being
forthcoming, the public hearing was declared closed, and Resolution No. 6225,
a resolution of the City Council of the City of Redlands finding that a portion of
a certain street is unnecessary for present or prospective street purposes and
ordering the vacation of a portion of Idaho Street located north off the
February 3,2004
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intersection of Plum Lane and Idaho Street, was unanimously adopted on
motion of Councilmember Gilbreath, seconded by Councilmember George.
UNFINISHED BUSINESS
Ordinance No. 2554 - Street Trees - Ordinance No. 2554, an ordinance of the
City of Redlands amending Chapter 12.52 of the Redlands Municipal Code
relating to trees and tree protection along streets and in public places, was
presented to the City Council at this time. Councilmember Harrison reported
the Street Tree Committee devoted many hours to the preparation of this
ordinance. Public Works Director Mutter reported the proposed ordinance was
first suggested by the Street Tree Committee. The development of a new street
ordinance was a goal of the Committee and was identified in their five-year
strategic tree-maintenance plan. They felt it was necessary to improve the
current regulations and provide staff with the necessary legal tools to
appropriately administer the City's street tree program. Of particular concern
was the trimming practice utilized by Southern California Edison to clear
overhead electrical wiring pursuant to the California Public Utility
Commission's General Order No. 95, Rule 35. Unfortunately, a number of
palms and other large trees on City streets have been damaged due to this
trimming practice. Southern California Edison forwarded a letter to the Public
Works Director after their first review of the draft ordinance and several
changes were made to address some of their comments as appropriate. Public
Works Director Mutter reviewed the proposed ordinance in detail noting that it
had also been reviewed by Municipal Utilities/Public Works Commission,
Planning Commission, Parks Commission, and Historic and Scenic Preservation
Commission. Representing Southern California Edison were Beverly Powell,
Albert Garcia, and Vince Oatis. Mr. Garcia, an attorney for Southern California
Edison, addressed the Council at length regarding their concerns and the need to
obtain permits from the City and the appeal process. City Attorney McHugh
stated the City felt it was appropriate to require Southern California Edison to
obtain permits; that this was a legal ordinance that has an appeal process.
Mr. Garcia continued to disagree with the proposed regulations. Public Works
Director Mutter noted that the safety and emergency needs for Southern
California Edison were addressed in the ordinance. Mr. Garcia felt an annual
permit for their company should be adequate. Speaking in support of the
ordinance were Street Tree Committee members Chris Sedmack and Eric
Kasarjian. Ordinance No. 2554 was read by title only by City Clerk Poyzer, and
on motion of Councilmember Harrison, seconded by Councilmember George,
further reading of the ordinance text was unanimously waived, and Ordinance
No. 2554 was introduced with unanimous Council approval and laid over under
the rules with adoption scheduled for February 17, 2004. Councilmember
Harrison thanked members of the Street Tree Committee and Public Works
Director Mutter and his staff for their hard work on this document.
Councilmember Harrison moved to direct staff to prepare a resolution to
implement provisions of Ordinance No. 2554 for the City Council's
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consideration. Motion seconded by Councilmember George and carried
unanimously.
Resolution No. 6249 - Trails and Street Tree Committee - Councilmember
Harrison presented Resolution No. 6249, a resolution of the City Council of the
City of Redlands establishing a Trails Committee and Street Tree Committee,
respectively, and rescinding Resolution No. 5574. He noted that both
committees were established in 1998 (Resolution No. 5574) as advisory to the
Parks Commission. Resolution No. 6249 established the Street Tree Committee
as advisory to the City Council, rather than the Parks Commission. No change
was proposed for the Trails Committee. Public Works Director Mutter said it
made eminent sense for the Street Tree Committee to report to the City Council.
Mayor Peppler expressed concerns about the impact of the many boards,
commissions and committees on City staff. Councilmember Harrison supported
the Street Tree Committee and their efforts. Street Tree Committee member
Patricia Sandos addressed the City Council and urged approval of this
resolution. Councilmember Harrison moved to adopt Resolution. No. 6249.
Motion seconded by Councilmember George and carried unanimously.
Auto Mall - Councilmember George congratulated staff and Michael Hastings,
Direct Point Advisors, for their efforts in getting Toyota to come to the Auto
Mall. City Manager Davidson reported the document from Mr. Bell will be on
the agenda for City Council's consideration in March.
Commissions Boards and Committees - Discussion and possible action on this
matter was continued to the evening session from the special meeting held
earlier on this date. At this time, Mayor Peppler directed staff to being back
more information regarding the status of each commission, board and
committee such as their level of activity and staff service needs as the City
Council may wish to consolidate some of the duties or disband groups who have
fulfilled their duties. Councilmembers were agreeable to receiving this
information in one month.
Mayor and Mayor Pro Tempore - Terms of Office - Discussion and possible
action regarding the terms of office for Mayor and Mayor Pro Tempore was
continued to the evening session from the special meeting held earlier on this
date. At this time, Councilmember Gil suggested reducing the terms of Mayor
and Mayor Pro Tempore and give everyone the opportunity to serve as Mayor.
City Clerk Poyzer provided a list of Mayors showing that two-year terms have
been in effect since our incorporation in 1888. By consensus, the City Council
decided to leave the system as is.
PUBLIC COMMENTS
None forthcoming.
February 3,2004
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ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:56 P.M. The next regular meeting will be held on February 17, 2004.
City Clerk
February 3,2004
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