HomeMy WebLinkAbout101805_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, on October 18 2005, at
3:00 P.M.
PRESENT Gilberto Gil, Mayor Pro Tem
Pat Gilbreath, Councilmember
Gary George, Councilmember
Jon Harrison, Councilmember
ABSENT Susan Peppler, Mayor
STAFF John Davidson, City Manager; Daniel J. McHugh, City Attorney; Beatrice
Sanchez, Deputy City Clerk; Michael Reynolds, City Treasurer; Jim
Bueermann, Police Chief, Jim Drabinski, Fire Chief, Don Gee, Redevelopment
Agency Director; Tina Kundig, Finance Director; Ronald C. Mutter, Public
Works Director; Marjie Pettus, Administrative Services Director; Gary G.
Phelps, Municipal Utilities Director; and Jeffrey L. Shaw, Community
Development Director
The meeting was opened with an invocation by Councilmember Harrison
followed by the pledge of allegiance.
CONSENT CALENDAR
Minutes - On motion of Councilmember Harrison, seconded by Councilmember
George, the minutes of the regular meeting of October 4, 2005, were approved
as submitted.
Bills and Salaries - On motion of Councilmember Harrison, seconded by
Councilmember George,payment of salaries and bills was acknowledged.
Planning Commission Report - On motion of Councilmember Harrison,
seconded by Councilmember George, the report of the Planning Commission.
scheduled for October 11, 2005, was acknowledged as received.
Notice of Environmental Actions - On motion of Councilmember Harrison,
seconded by Councilmember George, the report on pending environmental
actions received from surrounding jurisdictions was acknowledged as received.
Bridge Replacement Project - On motion of Councilmember Harrison, seconded
by Councilmember George, the City Council accepted, by AYE votes of all
present, substitution of securities documents from MCM Construction for the
Alabama and Orange Street Bridge Replacement Project and authorized the
Mayor Pro Tem to execute, and the Deputy City Clerk to attest to, the document
on behalf of the City.
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Agreement - Right-of-Way Improvements - On motion of Councilmember
Harrison, seconded by Councilmember George, the City Council approved, by
AYE votes of all present, an agreement for design and construction of public
right-of-way improvements with Mountainview Power Company, LLC and
authorized the Mayor Pro Tem to execute, and the Deputy City Clerk to attest
to, the document on behalf of the City.
Independent Contractor Agreement - Eileen Vance - On motion of
Councilmember George, seconded by Councilmember Harrison, the City
Council approved, by AYE votes of all present, an independent contractor
agreement with Eileen Vance for craft classes and authorized the Mayor Pro
Tem to execute, and the Deputy City Clerk to attest to, the document on behalf
of the City.
Funds - COPS Grant - On motion of Councilmember Harrison, seconded by
Councilmember George, the City Council accepted the United State Department
of Justice COPS 2005 Technology grant and authorized an additional
appropriation in the amount of $739,982.00 to replace the computer-aided
dispatch and records management software, by AYE votes of all present.
Funds - Agreement - School Crossing Guards - On motion of Councilmember
Harrison, seconded by Councilmember George, the City Council approved, by
AYE votes of all present, an addendum to the current agreement with All-City
Management for crossing guard services to add one crossing guard at E. M.
Cope Middle School, authorized the Mayor Pro Tem to execute, and the Deputy
City Clerk to attest to, the document on behalf of the City, and approved, by
AYE votes of all present, an additional appropriation in the amount of
$7,932.00.
MOU - University of Redlands - On motion of Councilmember Harrison,
seconded by Councilmember George, the City Council approved, by AYE votes
of all present a memorandum of understanding with the University of Redlands
allowing the University of Redlands Department of Public Safety Officers to
exercise powers of arrest during the course of their employment.
Bid Award - Networking Equipment - On motion of Councilmember Harrison,
seconded by Councilmember George, the City Council approved,by AYE votes
of all present, award of a bid for the purchase of Cisco networking equipment to
Federal Network Services, Inc. for an amount not to exceed $70,978.80.
Pre-Disaster Mitigation Grant Application - Detention Basin - On motion of
Councilmember Gilbreath, seconded by Councilmember Harrison, the City
Council authorized, by AYE votes of all present, staff to apply for 2006 Pre-
Disaster Mitigation Grant funding for the acquisition of a 38-acre parcel of land
generally located on the north side of Colton Avenue between Opal and Walnut
Streets for a detention basin.
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Storm Drain Easement - Temporary Construction Easement - On motion of
Councilmember Harrison, seconded by Councilmember George, the City
Council approved,by AYE votes of all present, a grant of storm drain easement,
28 feet in width, and a grant of easement for temporary construction purposes,
40 feet in width, on Assessor Parcel No. 292-041-36, which is located on the
east side of Nevada Street, north of Palmetto, to the County of San Bernardino
and authorized the Mayor Pro Tem to execute, and the Deputy City Clerk to
attest to, the document on behalf of the City.
LAFCO Committee - On motion of Councilmember Harrison, seconded by
Councilmember George, the City Council authorized, by AYE votes of all
present, the Mayor to send a letter to the San Bernardino County Local Agency
Formation Commission designating Douglas Headrick, Chief of Water
Resources, as the primary and Greg Gage, Utilities Project Manager, as the
alternate to a committee formed to evaluate the potential consolidation of the
San Bernardino Valley Water Conservation District with the San Bernardino
Valley Municipal Water District.
COMMUNICATIONS
Tobacco Retailers Licensing - By consensus this item was moved to the evening
portion for the convenience of invited participants.
Proclamation - Jean Lafitte, Louisiana, Relief Day - Councilmember George
explained that Jean Lafitte was named after a French pirate who, during the War
of 1812,joined the Americans to battle the British in the battle of New Orleans
in 1815. He reviewed the events and level of destruction that resulted from
Hurricane Katrina and Hurricane Rita which struck Jean Lafitte late summer.
At the last Council meeting, the Council agreed to support the recovery efforts.
A donation telephone number was also designated and on Sunday, October
23rd, a "Jean Lafitte Relief Day" will be held at the Bowl featuring local bands;
service clubs and churches are major participants in accepting donations for the
Relief Fund. At least two ministers from Jean Lafitte will be taking part in the
rally and it is anticipated their Mayor Tim Kerner will also travel to Redlands.
By consensus, Council authorized a proclamation declaring October 23, 2005,
as "Jean Lafitte, Louisiana, Relief Day." Councilmember George then called on
Chief of Water Resources Douglas Headrick to describe his experiences when
he traveled to Jean Lafitte with Pastor Felix Roger Jones, III, which included
touring the area on an airboat. Mr. Headrick portrayed how much was lost by
the residents but they are especially in need of small refrigerators and bedding.
Surplus PropertX - Councilmember George moved to declare Vehicle Nos. 520,
523, 539, 841, 844, 899, 919, and 920 as surplus personal property pursuant to
the Redlands Municipal Code Section 2.16.250. Motion seconded by
Councilmember Gilbreath and carried by AYE votes of all present.
October 18,2005
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Disposition of the declared surplus property by means of a public auction or
conveyance to another public agency is being researched further by staff.
The City Council meeting recessed at 3:11 P.M. and reconvened at 7:00 P.M.
PRESENTATIONS
California Arts Day - Sherli Leonard, Chairman of the Cultural Arts
Commission, read an editorial on California Arts Day that was published in the
Redlands Daily Facts on September 30, 2005. Mayor Pro Tem Gil, assisted by
Sherli Leonard, presented Certificates of Recognition for support of the arts in
Redlands in commemoration of California Arts Day to Dr. Jon Robertson,
Director of the Redlands Symphony Orchestra (accepted by his daughter);
Curtiss Allen, Sr., former Cultural Arts Commissioner and Director of the
Redlands 4th of July Band and leader of the Community Sing at the Redlands
Bowl; Janet Edwards, visual artist; Cliff Cabanilla, founder and director of the
Redlands Theatre Festival; Jeffrey Rickard, director of choral activities at the
University of Redlands; Shirley Harry, proprietor of EOS Gallery; and Nelda
Stuck, former "Our Town" editor of the Redlands Daily Facts. In addition to
the above presentations, seven area sixth graders were present and displayed
their artwork they created when they were in the fourth grade, which were
reproduced into note cards and are available for sale to support the arts.
Tobacco Retailers Licensing - Councilmember Harrison said the Redlands
Daily Facts recently printed a letter from Ann Davis-Schultz questioning
whether City Council candidates would support the licensing of tobacco retails,
and he thought it appropriate for this item to be placed on the agenda for City
Council consideration and possible action. A licensing ordinance is a legal
option available to the City that would strengthen local enforcement options to
prohibit retailers from selling tobacco to minors under the STAKE (Stop
Tobacco Access to Kids Enforcement) Act. The City can hold the owner of the
store responsible, while under Penal Code Section 308, only the clerk who sells
is responsible. It provides a revenue source to the City to pay for or enhance
existing enforcement efforts. So, arguable, it is a way of paying for an
enforcement program that benefits the youth of the community at no cost to the
City. If a majority of the City Council is interested in the preparation of an
ordinance to license tobacco retails, Councilmember Harrison recommended a
staff member attend a meeting sponsored by the County Health Department on
November 2, 2005, at 2:00 P.M. in the Joshua Room at the County Government
Center and provide a report of that meeting to the City Council at a future
meeting. Speaking in support of licensing tobacco retailers were Ann Davis-
Schultz, Coalition for a Tobacco Free San Bernardino County, Esther Jimenez,
San Bernardino County Department of Public Health, Michele Jacknik, MSEd,
San Bernardino County Department of Public Health, and Bob Peterson,
Riverside County Tobacco Licensing. Mr. Peterson explained how Riverside
County is enforcing their ordinance similar to restaurant grading and the
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licensing fees pay for enforcement. Councilmembers questioned how fee
amounts are established and enforcement. Councilmembers concurred with
Councilmember Harrison that this is something we should continue to explore
and directed the City Manager to assign the appropriate staff to pursue.
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
LAND USE AND PUBLIC HEARINGS
Cingular Wireless, Applicant - Public notice was advertised for this time and
place to consider a Draft Mitigated Negative Declaration for consideration of
Conditional Use Permit No. 856 for a 100 foot high cellular tower for a wireless
telecommunication facility and approval of a lease agreement for a 1,000 square
foot area at 31280 B Helen Court (Sunset Reservoir Water Facility), located
south of the southern terminus of Helen Court in the O (Open Land) District.
Municipal Utilities Director Phelps described the proposed project.
Mitigated Negative Declaration - Councilmember Gilbreath moved to
approve the Environmental Review Committee's mitigated negative
declaration for a wireless service facility (Conditional Use Permit No. 856)
at Sunset Reservoir, 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 by AYE votes of all present.
Land Lease Agreement - Councilmember Gilbreath moved to approve the
wireless service facility land lease agreement with New Cingular Wireless
PCS at the Sunset Reservoir. Motion seconded by Councilmember Harrison
and carried by AYE votes of all present.
PUBLIC HEARING
Ordinance No. 2623 - Zone Change No. 420 - Public notice was advertised for
this time and place to consider an Addendum to a Draft Mitigated Negative
Declaration as well as a public hearing for Ordinance No. 2623, Zone Change
No. 420, a change of zone from unincorporated San Bernardino County RS-1
(Single Family Residential, one dwelling unit per acre) to the City of Redlands'
R-E (Residential Estate) District on 0.24 acres, APN 299-213-16, located on the
east side of Wabash Avenue, north of Interstate 10 Freeway - City of Redlands,
Applicant. Mayor Pro Tem Gil declared the meeting open as a public hearing.
Community Development Director Shaw described the proposed zone change.
There being no further comments, the public hearing was declared closed. There
October 18,2005
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were no questions or comments from the audience and the public hearing was
declared closed.
Addendum to Mitigated Negative Declaration - Councilmember Gilbreath
moved to approve the addendum to the mitigated negative declaration for
Zone Change No. 420, Tentative Tract No. 16586, and Conditional Use
Permit No. 815 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 by AYE votes of all present.
Ordinance No. 2623 - Zone Change No. 420 - Ordinance No. 2623 an.
ordinance of the City of Redlands amending Title 18 of the Redlands
Municipal Code revising the City's Land Use Zoning Map and effecting
Zone Change No. 420, was read by title only by Deputy City Clerk Sanchez,
and on motion of Councilmember Gilbreath, seconded by Councilmember
Harrison, further reading of the ordinance text was waived, and Ordinance
No. 2623 was introduced and laid over under the rules with adoption
scheduled for November 1, 2005,by AYE votes of all present.
UNFINISHED BUSINESS
Parolee Housing - Based on the City Council discussion on October 2, 2005,
staff has prepared a written report describing the measures taken to alleviate the
condition which led to the adoption of an interim zoning ordinance (Ordinance
No. 2622) which initiated a prohibition on the approval of non-state licensed
parolee homes. A public hearing for consideration of extending the hearing will
be advertised for the November 1, 2005, meeting when it is anticipated that all
City Council members will be present. Community Development Director
Shaw reported staff has initiated work on preparing implementing ordinances
and regulations. This includes collecting information pertaining to how other
jurisdictions regulate group homes and defining what constitutes a convalescent
home, a board and care home, foster home, group home and family home. This
information will be important as staff comes back to the City Council with
recommendations. Staff has also identified members of the focus group who
will assist in the preparation of an ordinance. The process of preparing and
adopting implementing ordinances and regulations will take several months.
Community Development Director Shaw reviewed the schedule for the process.
Councilmember Gilbreath moved to receive staff s written report. Motion
seconded by Councilmember Harrison and carried by AYE votes of all present.
NEW BUSINESS
Railroad Quiet Zones - Public Works Director Mutter reported staff has met
with Tandy Hill and Stacy Boyle to discuss the establishment of a quiet zone
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along the Union Pacific Railroad at the Alessandro Road crossing. A letter
from the proponents was included in the staff report outlining their request.
Also attached was copy of the quiet zone feasibility study for the Alessandro
Road crossing. This study provides details regarding the Federal regulations
and procedures involved in the process. Staff has reviewed the feasibility study
and would concur there is a viable option that may address the noise created by
train horns at the crossing. The option is also economically feasible. The
proponents have offered to raise the necessary funds to that no funding would
be required from the City of Redlands. Staff would also concur that the
proceedings and applications could be initiated as outlined the report; however,
there would be some time impacts to City staff. After introducing Tandy Hill,
Stacy Boyle read a prepared letter to Council which outlined the following: the
Federal Railroad Administration adopted rules, that a preliminary feasibility
report by Chris Becker & Associates has already been prepared (at no cost to
the City), stating they have received support from Congressman Lewis, funding
support from the area residents, and that Ron Mutter suggested the entire cost
for the Quiet Zone would be no more than $50,000. The residents believe that
they will be able to raise the funds and there will be no immediate fiscal impact
to the City. Mr. Tandy Hill confirmed the City Manager's remark that in an e-
mail he pledged $5,000 towards the project. Councilmember Gilbreath moved
to direct staff to initiate appropriate proceedings and submit applications for the
establishment of quiet zones along the Union Pacific Railroad at the Alessandro
Road crossing at no cost to the City. Motion seconded by Councilmember
Harrison and carried by AYE votes of all present.
PUBLIC COMMENTS
None forthcoming.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:01 P.M. The next regular meeting will be held on November 1, 2005.
/s/Beatrice Sanchez, Deputy City Clerk
Redlands, California
October 18,2005
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