HomeMy WebLinkAbout051606_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 May 16, 2006, at
3:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Gilberto Gil, Councilmember
Mick Gallagher, Councilmember
Pete Aguilar, 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; 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 Mayor Harrison followed by the
pledge of allegiance.
DEPARTMENTAL INFORMATION REPORT
Fire Department - Fire Chief Drabinski introduced Battalion Chief Mitch
McKee who presented information regarding the Disaster Preparedness
Program in Redlands.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the minutes of the regular meeting of May 2, 2006,
were approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher,payment of salaries and bills was acknowledged.
Resolution No. 6504 - Property Tax Transfer - Annexation No. 87 - On motion
of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6504, a resolution of the City
Council of the City of Redlands in connection with the determination of the
amount of property tax revenues to be exchanged between and among the
County of San Bernardino and the City of Redlands resulting from the
Jurisdictional changed described by LAFCO No. 3030 for Annexation No. 87
(Repp).
May 16,2006
Page 1
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the report of the Planning Commission
meeting held on May 9, 2006, was acknowledged as received.
Notice of Environmental Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the report on pending environmental
actions received from surrounding jurisdictions was acknowledged as received.
Amendment - Environmental Consulting Services - Redlands Mall - On motion.
of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved Amendment No. 1 to the agreement with RBF
Consulting for the provision of professional environmental consulting services
for the Redlands Mall Redevelopment Project in the amount of $3,250.00 and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
Agreement - Fire Protection Exchange - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved a revised agreement for exchange of fire protection and
rescue services - automatic aid between the City and the County of San
Bernardino Fire District (County Services Area 38) for the Mentone area and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
Resolution No. 6502 - Grant Application - Preserve America - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6502, a resolution of the City
Council of the City of Redlands approving the application for grant funds to
preserve and promote America's heritage and cultural assets under the Preserve
American Historic Preservation Grant Fund Program. The basis of the
application is to hire a consultant to develop a Master Plan of Heritage Park.
Proclamation - City of Upland Centennial Celebration - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously authorized issuance of a proclamation celebrating the City
of Upland's 100th anniversary.
Railroad Quiet Zone - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously directed staff to
initiate appropriate proceedings for the submittal of applications for the
establishment of quiet zones along the Union Pacific Railroad at the San
Timoteo Canyon Road crossing, provided that all costs associated with the
feasibility report, applicant process, engineering design and construction are
paid by the applicant or other private funds with no costs to be borne by the
City of Redlands.
Consulting Services Agreement - Smothers Appraisal - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
May 16,2006
Page 2
Council unanimously approved a consulting services agreement with Smothers
Appraisal for appraisal services for two parcels of property required as right-of-
way for the widening of San Bernardino Avenue, east of Mountain View
Avenue.
Resolution Nos. 6486-6487 - Landscape Maintenance District No. 1 - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously adopted Resolution No. 6486, a resolution of the
City Council of the City of Redlands, County of San Bernardino, of preliminary
approval of the Engineer's Report for Fiscal Year 2006-07 for Landscape
Maintenance District No. 1. On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher the City Council unanimously adopted Resolution
No. 6487, a resolution of the City Council of the City of Redlands declaring its
intention to levy and collect assessment within Redlands Landscape
Maintenance District No. 1 for Fiscal Year 2006-07 pursuant to the
Landscaping and Lighting Act of 1972, and establishing a time and place for
hearing protests (Wednesday, July 5, 2006, at 7:00 P.M.).
Resolution Nos. 6490-6491 - Street Lighting District No. 1 - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6490, , a resolution of the City
Council of the City of Redlands, County of San Bernardino, of preliminary
approval of the Engineer's Report for Fiscal Year 2006-07 for Street Lighting
District No. 1. On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously adopted Resolution
No. 6491, a resolution of the City Council of the City of Redlands declaring its
intention to levy and collect assessment within Redlands Street Lighting District
No. 1 for Fiscal Year 2006-07 pursuant to the Landscaping and Lighting Act of
1972, and establishing a time and place for hearing protests (Wednesday, July 5,
2006, at 7:00 P.M.).
Resolution No. 6503 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted
Resolution No. 6503, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations pursuant to Title 10 of the
Redlands Municipal Code: install multi-way stop signs at the intersection of
Wabash Avenue and Brockton/Nice Avenues.
Resolution No. 6505 - 2006 Regional Transportation Improvement Program -
On motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher, the City Council unanimously adopted Resolution No. 6505, a
resolution of the City Council of the City of Redlands certifying that the City of
Redlands has the resources to fund the projects submitted for inclusion in the
Fiscal Year 2006/2007 to 2011/2012 Transportation Improvement Program and
affirming its commitment to implement all of the projects submitted in the
program.
May 16,2006
Page 3
Agreement - Alessandro Road Quiet Zone - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved a consulting services agreement with Wilson and
Company to prepare Phase II of the City's Alessandro Road Quiet Zone project
and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Agreement - Fire Training Site - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
approved an agreement for entry upon property and release of use of property as
a training site with DC Developers to conduct Fire Department training
exercises at their property located at 1744 Marion Road (APN 0174-281-04)
and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Ordinance No. 2641 - Sewer Charges Billing - Ordinance No. 2641, an
ordinance of the City of Redlands amending Chapter 13.48 of the Redlands
Municipal Code relating to the billing of sewer charges, was unanimously
adopted on motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher.
Quit Claim Deed - Barton Vineyards - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
approved the abandonment of a "B" Contract Pipeline easement at Barton
Vineyards in the City of Redlands and authorized the Mayor to execute, and the
City Clerk to attest to, a Quit Claim Deed for the abandonment of said easement
on behalf of the City.
Agreement - 2006 Update of Sanitary Surveys - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved an agreement for engineering services with Palencia
Consulting to prepare the 2006 Update to the Sanitary Surveys for the Mill
Creek and Santa Ana River Watersheds and authorized the Mayor to execute,
and the City Clerk to attest to, the document on behalf of the City.
Agreement - Fencing Installation - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
approved an agreement for a public improvement project with Fencing by B.
Acrey for the purchase and installation of perimeter fencing at the Agate
Reservoir and Texas Street Pumping Plant in the amount of $70,618.87 and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
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Page 4
Contract Award - Civic Center Facilities Improvement Project - Bids were
opened and publicly declared on April 27, 2006, by the City Clerk for the
Improvements to Civic Center Facilities Project; a bid opening report is on file
in the Office of the City Clerk. On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously waived
the bid irregularity on the basis that waiver of the irregularity is legally
permissible and provides no competitive advantage to the apparent low bidder.
On motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher, the City Council unanimously awarded the contract for the
Improvements to Civic Center Facilities Project, Project No. 1-0665, to Hinkley
and Associates, Inc. based on the total bid amount of $216,000.00 and
authorized staff to approve contingent costs up to 10 percent over the total bid
amount and authorized the.Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Agreement - Filter Media - Water Treatment Plant - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously determined that the approval of a contract for the
purchase and installation of filters for the City's water treatment plant is exempt
from CEQA pursuant to Guidelines Section 15269(b) which relates to
emergency repairs for publicly-owned facilities necessary to provide essential
public services. On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously declared, based upon
the substantiative evidence presented in writing by City staff, that an emergency
exists necessitating the repair and/or replacement of filters at the City's Water
Treatment Plant and that the award of a contract, without bids, for the purchase
and installation of filters is necessary to respond to the emergency. On motion
of Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved the agreement for a public improvement project
with ERS Industrial Services, Inc. for purchase and installation of filter media at
the Horace Hinckley Water Treatment Plant in the amount of$80,000.00.
MOU Amendment - Redlands Professional Firefighters Association - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously approved Amendment No. 2 of the Memorandum
of Understanding with the Redlands Professional Firefighters Association
pertaining to union activities and authorized the Mayor to execute, and the City
Clerk to attest to, the document on behalf of the City.
Resolution No. 6499 - Hybrid Entity - HIPAA - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously adopted Resolution No. 6499, a resolution of the City Council of
the City of Redlands designating the City of Redlands a "Hybrid Entity" under
the Health Insurance Portability and Accountability Act and the administrative
regulations issued by the Department of Health and Human Services.
May 16,2006
Page 5
COMMUNICATIONS
Meeting;Attendance -No reports forthcoming.
Appointment - Street Tree Committee - Mayor Harrison moved to appoint
Augustin C. Ortega to serve the remainder of the unexpired term ending
February 16, 2009, on the Street Tree Committee. Motion seconded by
Councilmember Gilbreath and carried unanimously.
Appointment - Airport Advisory Board - Mayor Harrison moved to appoint
Nicholas P. Costa to serve a four-year term ending May 1, 2010, on the Airport
Advisory Board. Motion seconded by Councilmember Gilbreath and carried
unanimously.
CLOSED SESSION
The City Council meeting recessed at 3:15 P.M. to a closed session to discuss
the following:
1. Public employee performance evaluation - Government
Code Section 54957 - City Manager
2. Conference with legal counsel: Existing Litigation - Government Code
Section 54956.9(a)
a. Patricia Goodman v Raymond Edward Hernandez, Gloria Parra, City of
Redlands, County of San Bernardino, et al - SCVSS 127084
The meeting reconvened at 7:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Gilberto Gil, Councilmember
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
ABSENT None
STAFF John Davidson, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Teresa Ballinger, Assistant City Clerk; Michael Reynolds,
City Treasurer; Tom Fitzmaurice, Police Captain; Don Gee, Redevelopment
Agency Director; Ronald C. Mutter, Public Works Director; Marjie Pettus,
Administrative Services Director; Douglas Headrick, Municipal Utilities Chief
of Water Resources; and Jeffrey L. Shaw, Community Development Director
May 16,2006
Page 6
CLOSED SESSION REPORT
None forthcoming.
PRESENTATION
Sister Cities Program - Roy Cencirulo, Vice President of the Redlands Sister
Cities Association, introduced Valesca Dwyer, President of the Redlands Sister
Cities Association. Ms. Dwyer introduced the students who recently
accompanied them on a trip to Japan and narrated a PowerPoint presentation of
the highlights of their trip. Mayor Harrison expressed appreciation to the
students noting they were excellent ambassadors.
LAND USE AND PUBLIC HEARINGS
Medical Real Estate Development Company, Applicant - Public notice was
advertised for this time and place to consider a Draft Mitigated Negative
Declaration as well as a public hearing for a Socio-Economic Analysis and
Cost/Benefit Study and Consideration of Commission Review and Approval
No. 810, a Commission Review and Approval to develop a 31,647 square foot,
two-story medical office building on a two (2) acre parcel located at the
northeast corner of Barton Road and Iowa Street within the EV/AP (East Valley
Corridor Specific Plan Administrative Professional) District; public hearing to
consider Resolution No. 6494, Street Vacation No. 135, the vacation of a
portion of the east side of Iowa Street approximately ten (1.0) feet in width and
four hundred twenty eight (428) feet in length located immediately north of
Barton Road and eight hundred (800) feet south of Orange Avenue as shown on
Exhibits "A" and "B" on file in the City Clerk's Office, City of Redlands; and
public hearing to consider Resolution No. 6495, Street Vacation No. 136, the
vacation of a portion of the north side of Barton Road approximately eight (8)
feet in width and two hundred four (204) feet in length and located immediately
east of Iowa Street at the intersection of Barton Road and Iowa Street as shown
on Exhibits "A" and `B" on file in the City Clerk's Office, City of Redlands.
Mayor Harrison declared the meeting open as a public hearing. Community
Development Director Shaw reviewed the proposed project. Mayor Harrison
asked staff if there would be sufficient right-of-way available on Barton Road
and Iowa Street for a Class 2 bikeway. Public Works Director Mutter replied if
we prohibited parking on Barton Road, there would be plenty of room for this
purpose. He suggested Nevada Street be used for a north/south Class 2 bikeway
as it is a wider street. On behalf of the applicant, Ken Spear addressed the City
Council indicating they agreed with the conditions for approval but expressed
concern that his project was 100 percent responsible for the traffic signal at
Alabama Street and Orange Avenue. Although the Redlands Municipal Code
does not address shared costs with other developers, Councilmembers suggested
Mr. Spear contact other developers in the area to negotiate an agreement to
share the cost of this signal. Mr. Spear indicated he would prefer his project be
May 16,2006
Page 7
continued to allow him this opportunity. Community Development Director
Shaw reported the CEQA action needed action now unless the developer agreed
to a 90-day extension of time from May 28, 2006. Mr. Spear verbally agreed to
this extension of time. There being no further comments from the audience,
Councilmember Gilbreath moved to continue this project until June 6, 2006.
Motion seconded by Councilmember Gallagher and carried unanimously.
County of San Bernardino, Applicant - Public notice was advertised for this
time and place to consider authorization for a Mitigated Negative Declaration
for Pre-Annexation Agreement 06-02 and General Plan Amendment No. 109 to
change the land use designation from Railway Corridor to Public Institutional
on approximately 8.82 acres located on the northwest corner of Mentone Blvd
and Opal Avenue; and consideration of Pre-Annexation Agreement 06-02 for
San Bernardino County as applicant for Metropolitan Water District on an
8.82 acre parcel located on the northwest corner of Mentone Boulevard and
Opal Avenue in the Mentone Area. Community Development Director Shaw
reviewed the proposed project and the application for a water and sewer
connection to a non-residential development within the City's Sphere of
Influence and not contiguous to the City limits, and the request for continued
processing for Outside City Utilities Connections 06-50 for the County senior
center, library and park, a project located at the northwest corner of Mentone
Boulevard and Opal Avenue in the Mentone Area. There were no comments
from the audience.
OSC 06-50 - Councilmember Gilbreath moved to determine that Outside
City Case 06-05 for property at APN 298-047-1.7 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. Motion seconded by
Councilmember Gil and carried unanimously.
Negative Declaration - Councilmember Gilbreath moved to approve the
Environmental Review Committee's negative declaration for General Plan
Amendment No. 06-I-01 (File No. 109) and Pre-Annexation Agreement No.
06-02 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 Gil and carried
unanimously.
Pre-Annexation Agreement No. 06-02 - Councilmember Gilbreath moved to
approve Pre-Annexation Agreement No. 06-02. Motion seconded by
Councilmember Gil and carried unanimously.
Bonita Development, Applicant - The City Council was asked to consider a
request to waive dry sewer requirement for Tentative Tract No. 17265 located
north of Live Oak Canyon Road. Chief of Water Resources Headrick reported
May 16,2006
Page 8
staff has reviewed and evaluated the factors which the City Council is to
consider for this waiver based on the factual criteria listed for each factor: there
are no sewer trunk main extensions identified in the City's Capital Improvement
Program; the development project is consistent with the land use designation
(very low density) in the Redlands General Plan, and due to the very low
density of the development project, it meets the guidelines permitting use of
septage systems and, therefore, it is not anticipated that the development project
will adversely effect local groundwater quality; and the properties between the
development project and an available sewer have developed without sewage
facilities, and due to street configuration and topography, it is unlikely that such
facilities will be constructed for the development project within a reasonably
foreseeable time after construction of the development project. There were no
comments from the audience.
CEQA Exemption- Councilmember Gilbreath moved to find that the waiver
of the dry sewer requirement for Tentative Tract No. 17265 is categorically
exempt under section 15061(b)(3) based on the finding that it can been seen
with certainty that there is no possibility that the activity in question may
have a significant effect on the environment. Motion seconded by
Councilmember Gil and carried unanimously.
Waiver - Dry Sewer Requirement - Councilmember Gilbreath moved to
waive the dry sewer requirement for Tentative Tract No. 17265. Motion
seconded by Councilmember Gil and carried unanimously.
NEW BUSINESS
Transient Occupancy Tax - Mayor Harrison reminded Councilmembers the City
initiated a start-up Cultural and Heritage Tourism Program last year by
allocating $30,000.00 from the General Fund that was matched by a grant of
$10,000.00 from the University of Redlands. For cultural and heritage tourism
to become a significant force in the economic development and well-being of
Redlands, Mayor Harrison believed it needed a permanent and dedicated
funding system and suggested a 2 percent increase to the transient occupancy
tax would provide this revenue stream. He asked for the City Council's support
in directing staff to prepare a report and recommendation regarding placing this
item on the ballot for the November 7, 2006, election. To be considered at this
election, the cultural and heritage tourism fee would need to be voted as a
special tax requiring approval of 2/3 of the voters. Among the items to be
included in the report are: cost of this special election; schedule for the special
election; identification of staff, materials and programs that would be funded by
the cultural and heritage tourism fee and would be included in the election
materials; estimate of annual revenue that would be anticipated from the fee at
2 percent and potentially other fee levels; recommendation of the appropriate
fee level to include in the special election based on a survey and evaluation of
TOT levels in surrounding communities and state; and other items that staff
feels would assist the City Council in determining whether or not to proceed
with a special election on this item. City Treasurer Reynolds estimated the
May 16,2006
Page 9
proposed two percent increase would bring in $140,000.00-$150,000.00
additional revenue. Following discussion, Mayor Harrison moved to direct staff
to prepare an evaluation and recommendation relative to conducting a special
election on November 7, 2006, to consider an increase in the transient
occupancy tax (TOT) and dedicate the funds resulting from that increase to a
cultural and heritage tourism program for the City of Redlands; said report to be
presented on June 6, 2006. Motion seconded by Councilmember Gil and
carried unanimously.
PUBLIC COMMENTS
SCE - Beverly Powell, Southern California Edison Region Manager, provided
an energy outlook for this summer. She informed Councilmembers the recent
increase in rates was caused by the increase in cost of natural gas, continuing to
payoff the 2001-02 costs to the State, and replacement of the old infrastructure.
She urged people to look for alternatives to save money by reading the inserts
included with their bill or check out SCE's website. She concluded her
informative talk noting she would be meeting with the City Manager and
department heads in the near future to discuss energy-saving efforts.
JOINT MEETING-CITY COUNCIL AND REDEVELOPMENT AGENCY
California Welcome Center - Community Development Director Shaw reported
the Downtown Redlands Business Association, based upon feedback from its
members, has determined it would like to promote tourism activity in the
downtown and is of the opinion assisting in financing the development of a
California Welcome Center in cooperation with the San Bernardino Convention
and Visitors Bureau and other agencies would be an appropriate action to
achieve tourism goals. The mission of the California Welcome Center (CWC)
program is to provide a statewide network of readily accessible and
recognizable visitor information centers that will encourage tourism in
California and provide benefits to the state economy. The California Division
of Tourism (California Tourism) is required to establish conditions on which to
base the designation of an entity as a CWC, and to ensure consistency of
operating standards among the Centers. There are currently 10 CWC's
throughout California. It has been represented by Steve Henthorn, President
and CEO of the San Bernardino Convention and Visitors Bureau, that by
becoming an Investment Partner, which requires a commitment of$25,000 per
year for the next five years, the City of Redlands would be assured of its own
display area within the CWC. The specific details of this program are still
being worked out and are contingent upon San:Bernardino being selected as the
site for a CWC. The City Council (General Fund) and Agency Board (Agency
Funds) commitments, combined, are for $10,000 each year for the next five
years. To become an Investment Partner an additional commitment of$15,000
each year for the next five years will be needed from other public or private
institutions within the City. Possible entities participating could include the
May 16,2006
Page 10
Chamber of Commerce, the University of Redlands, and private businesses.
Mr. Henthorn addressed the City Council at length explaining how the proposal
will be implemented and answered questions from Councilmembers. Urging
approval of this proposal were members of the informal Tourism Committee
Molly Burgess and Char Burgess. Following discussion, Councilmember
Harrison moved to continue this discussion to June 6, 2006, at the 7:00 P.M.
session for further study by individual Councilmembers. Motion seconded by
Councilmember Gallagher and carried unanimously.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:44 P.M. The next regular meeting will be held on June 6, 2006.
City Clerk
May 16,2006
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