HomeMy WebLinkAbout021908-CityCouncil_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 February 19, 2008, at
3:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
Jerry Bean, Councilmember
ABSENT None
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; :Lorrie
Poyzer, City Clerk; Michael Reynolds, City Treasurer; Jim Bueermann, Police
Chief; Jim Drabinski, Fire Chief; Steven H. Dukett, Interim Redevelopment
Agency Director; Tina Kundig, Finance Director; Chris Diggs, Interim
Municipal Utilities and Engineering Director; Bob Dalquest, Interim
Community Development Director; Deborah Scott-Leistra, Human Resources
Manager; Kurt Smith, Chief Information Officer; Gary Van Dorst, Quality of
Life Director
The meeting was opened with an invocation by Councilmember Bean followed
by the pledge of allegiance.
PRESENTATIONS
Pet Adoptions - Animal Control Officer Bill Miller introduced Tommy, a very
friendly chow chow, and Animal Shelter Volunteer Lynda Ackerman
introduced the very vocal wire-haired dachshund named Freddie; both are
available for adoption at the Redlands Animal Shelter. Mr. Miller announced
that Sadie, the retriever mix, who appeared at the last City Council meeting, has
been adopted.
Proclamation - African American History Month - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously authorized issuance of a proclamation declaring February
as African American History Month. Dr. John Walsh, Human Relations
Commissioner, presented the proclamation to Dr. Amos Isaac in recognition of
his efforts to break down racial barriers in the Redlands Unified School District,
providing inspiration in his service on the Redlands Interracial Council and City
of Redlands Human Relations Commission, and assistance in organizing a
Juneteenth celebration in Redlands. In celebration of Black History Month the
Olive Avenue Market provided roses for distribution at the meeting.
February 19,2008
Page 1
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the minutes of the regular meeting of February 5,
2008, were approved as submitted.
Ordinance No. 2694 - Election Date - Ordinance No. 2694 an ordinance of the
City of Redlands moving the date of the City's General Municipal Election from
the first Tuesday after the first Monday in November of odd-numbered years to
the first Tuesday after the first Monday in November of even-number years
commencing with the year 2010, was unanimously adopted on motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher,payment of salaries and bills was acknowledged.
Ordinance No. 2678 - Purchasing Policy - Councilmember Bean said there were
several significant changes in Ordinance No. 2678 an ordinance of the City of
Redlands amending Chapter 2.16 of the Redlands Municipal Code relating to
City purchases; changes he felt may not be the best policies. He reviewed
several sections of the ordinance where he had concerns including the need for
more procedures and guidelines for single source purchases; criteria for the
lowest, responsible bidder, approaching professional services on a cost basis,
and the City Manager and City Council awarding contracts without input from
the Purchasing Department. Following a lengthy dialogue, Councilmember
Bean moved to approve the formation of a seven member citizens' panel to
examine the operations of the City's Purchasing Department and procurement
policies under which the City operates and to make recommendations if the
panel finds changes that are needed to foster competitive, open, fair purchasing
that serves the City's best interests; members of the panel would be executives
from large businesses, universities and organizations including at least five
professional purchasing executives; members of the panel would be appointed
by the Mayor and approved by the City Council; and the panel would be asked
to recommend to the City Council any proposed changes in the City's
purchasing operation and policy by September 1, 2008. Further discussion
ensued with City Manager Martinez promising that quarterly reports of any
contracts signed by the City Manager would be provided in regards to single
source and sole source purchases. Councilmember Bean withdrew his first
motion which was not seconded and moved to change Section 2.16.170 to
require competitive bidding on professional services unless exempted by sole
source procedures as provided for in this ordinance with the exception of those
areas exempted under Government Code Section 4526 which are to be based on
qualifications. Motion seconded by Councilmember Harrison. Councilmember
Gallagher said he was in favor of forming the citizens' panel but felt "you get
what you pay for." The motion then carried with Councilmember Gallagher
voting NO. Councilmember Harrison moved to continue Ordinance No. 2678
to March 4, 2008. Motion seconded by Councilmember Gallagher and carried
February 19,2008
Page 2
with Councilmember Gilbreath voting NO as she wanted to adopt the ordinance
as presented.
Planning Commission Actions - Due to potential conflicts of interest,
Councilmembers Aguilar and Bean retired from the Council Chambers and did
not participate in this matter; Public Disclosure of Potential Conflict of Interest
forms are on file in the City Clerk's Office. On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the report of the Planning
Commission meeting held on February 1.2, 2008, was acknowledged as
received.
Ordinance No. 2690 - California Building Code -Code - Ordinance No. 2690 an
ordinance of the City of Redlands amending Chapter 15.04 of the Redlands
Municipal Code relating to the adoption of the 2007 California Building Code
(California Code of Regulations, Title 24, Part 2) by reference and making
amendments thereto, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Ordinance No. 2691 - California Plumbing Code - Ordinance No. 2691, an
ordinance of the City of Redlands amending Chapter 15.08 of the Redlands
Municipal Code relating to the adoption of the 2007 California Plumbing Code
(California Code of Regulations, Title 24, Part 5) by reference and making
amendments thereto, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Ordinance No. 2692 - California Electrical Code - Ordinance No. 2692, an
ordinance of the City of Redlands amending Chapter 15.12 of the Redlands
Municipal Code relating to the adoption of the 2007 California Electrical Code
(California Code of Regulations, Title 24, Part 3) by reference and making
amendments thereto, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Ordinance No. 2693 - California Mechanical Code - Ordinance No. 2693, an
ordinance of the City of Redlands amending Chapter 15.16 of the Redlands
Municipal Code relating to the adoption of the 2007 California Mechanical
Code (California Code of Regulations, Title 24, Part 4) by reference and making
amendments thereto, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher.
Funds - Contract - Santa Ana River Wash Management Plan - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved a contract with Reinhart-Fontes Associates, Inc.
for conducting an appraisal of City-owned property located in the Santa Ana
River Wash on approximately 186.6 acres on the west side of the 210 Freeway,
east of Alabama Street (APNs 1.67-01.1-09 and 11), to determine the value of
approximately 80 acres designated as habitat area within the proposed Santa
Ana River Wash Management Plan, authorized the Mayor to execute, and the
February 19,2008
Page 3
City Clerk to attest to, the document on behalf of the City and approved an
additional appropriation in the amount of$5,450.00 for the same.
Lot Line Adjustment - City-Owned Property - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved (pursuant to an earlier City of Redlands' Purchase and
Sale Agreement with Oakmont National Development II, LLC dated
September 4, 2007) filing of a lot line adjustment application with the County
of San Bernardino for City-owned property (APNs 292-041-08, 09 and 1.7)
generally located near Palmetto Avenue and Nevada Street.
Funds - San Bernardino Avenue Street Widening Project - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved an appropriation of$245,201.00 from the Local
Transportation Fund to fund the acquisition of a roadway easement for the San
Bernardino Avenue street widening project.
Reprogram CDBG Funds - Redlands Community Music Association - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously approved reprogramming $5,050.00 from City
Council's Unprogrammed Community Development Block Grant funds to Case
No. 111-20627/1234 - Cultural Education Program: Redlands Community
Music Association.
Reprogram CDBG Funds - Tree Planting - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved reprogramming $30,000.00 from the City Council's
Unprogrammed Community Development Block Grant funds to the Quality of
Life Department Community Development Block Grant 2008-2009 Program
Year proposal related to tree planting in the target area.
Ordinance No. 2679 - Property Maintenance - Ordinance No. 2679, an
ordinance of the City of Redlands adding Chapter 8.08 to the .Redlands
Municipal Code relating to property maintenance and deleting Chapters 8.16,
8.28 and 8.32 relating to hospitals, public eating places and slaughtering of
animals, respectively, was unanimously continued to March 4, 2008, on motion
of Councilmember Harrison, seconded by Councilmember Gallagher.
Agreement - Wildland Fire Protection Services - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved an annual agreement with the California Department of
Forestry and Fire Protection Services for wildland fire protection services and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
February 19,2008
Page 4
Ordinance No. 2689 - California Fire Code - Ordinance No. 2689, an ordinance
of the City of Redlands amending Chapter 15.20 of the Redlands Municipal
Code, and adopting with certain amendments the 2006 Edition of the
International Fire Code incorporating the 2007 Edition of the California Fire
Code, Part 9 of Title 24 of the California Code of Regulations, was
unanimously adopted on motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher.
Agreement - Kristi Viera - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council unanimously approved an
independent contractor agreement with Kristi Viera for toddler music classes
for the City's Recreation Bureau and authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City.
Ordinance No. 2695 - Vicious Dogs - Ordinance No. 2695, an ordinance of the
City of Redlands amending Chapter 6.05 of the Redlands Municipal Code
relating to vicious and potentially dangerous dogs, was unanimously adopted on
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher.
Amendment - Density Bonus Agreement - Housing Partners I - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved the first amendment to a density bonus
agreement with Housing Partners I (approved November 6, 2007) and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
Proclamation - Optimist Club of Redlands - Civics DaX - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously authorized issuance of a proclamation commending the
Optimist Club of Redlands for sponsoring Civics Day which is scheduled to be
held on March 4, 2008.
COMMUNICATIONS
Meeting; Attendance - In compliance with Government Code Sections 53232.2
and 53232.3, there were no reports forthcoming from Councilmembers.
Agreement - American Youth Soccer Organization - Due to a potential conflict
of interest, Councilmember Gallagher 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. Quality of Life Director Van.
Dorst presented an agreement with the American Youth Soccer Organization
(AYSO) pertaining to the use of fields at the Redlands Sports Park. The
proposed agreement incorporates the revised phasing of the Redlands Sports
Park. No other changes were made to the agreement from November 2005. On
behalf of AYSO, Kyle Larick addressed the City Council and answered their
questions. Mayor Harrison asked staff and Mr. Larick to consider setting up an
February 19,2008
Page 5
endowment fund for future renovations and refurbishing of the fields. Mayor
Harrison also expressed interest in including an Exhibit B to show the "duck's
head" with a notation indicating first right of refusal by AYSO for development.
Discussion also included an explanation that the area identified on Exhibit A as
a future phase was outside the scope of this agreement and the City was not
obligated to develop it. Councilmember Gilbreath moved to approve the field
use and youth soccer agreement with the American Youth Soccer Organization
(AYSO) pertaining to the use of fields at the Redlands Sports Park and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City. Motion seconded by Councilmember Bean and carried by
AYE votes of all present with Councilmember Gallagher having abstained.
Mr. Larick expressed his appreciation for the City's support.
Utility Advisory Committee - Mayor Harrison asked for City Council
concurrence to direct staff to prepare a recommendation for the Utility Advisory
Committee (UAC) process. Presently, the ordinance that established this
committee contains no specifics as to the membership of the committee or the
committee's term. Staffs recommendation should include the size of the
committee, the term and scope of charge and any related ordinance amendments
to implement that recommendation. In the past, the City Council has appointed
the same residents who had previously served. At this time, Mayor Harrison
recommended a more defined process be developed and that the committee
composition be analyzed further. He also recommended staff coordinate with
the City's rate study consultant as to any modifications to the consultant's scope
of work and associated costs that may be needed to accommodate the Utility
Advisory Committee as part of the consultants work program. Councilmember
Harrison moved to direct staff to prepare a recommendation for the Utility
Advisory Committee selection process for the next evaluation period of the
utility rates and to coordinate with the City's rate study consultant as to any
modifications to the consultant's scope of work and associated costs that may be
needed to accommodate the UAC as part of the consultant's work program and
recommended modifications to the ordinance that implements the Utility
Advisory Committee in terms of clarifying how it would operate in the future.
Motion seconded by Councilmember Gilbreath and carried unanimously.
Grant Deed - Redlands Palmetto 11 LLC - Quality of Life Director Van Dorst
explained the City executed a purchase and sale agreement in September 2007
to sell 5.65 acres of the Marshburn property to Oakmont Industrial Group.
Councilmember Gilbreath moved to authorize the Mayor to execute, and the
City Clerk to attest to, a grant deed with Redlands Palmetto II, LLC. Motion
seconded by Councilmember Aguilar and carried unanimously.
Councilmember Gilbreath moved to approve an assignment of leases to
Redlands Palmetto II, LLC, on behalf of the City, and approve an assignment of
purchase and sale agreement with Redlands Palmetto 11, LLC; and authorize the
Mayor to execute, and the City Clerk to attest to, a quitclaim and termination of
lease with Jay II Lee and Jose Gabino Codero Meneses. Motion seconded by
Councilmember Gallagher and carried unanimously.
February 19,2008
Page 6
Presentation - EB-5 Visa Economic Development Loan Program - Interim
Redevelopment Agency Director Dukett reported the Business and Economic
Development Advisory Commission received a presentation from Patrick
Hogan and William Hurley of California Military Base Export (CMB) LLC on
January 9, 2008. At the February 6, 2008, meeting, Commissioners Greg
Horton and Jeff Sceranka provided the Business and Economic Development
Advisory Commission further information which concluded that CMB's EB-5
Visa Economic Development Loan Program could be a very useful financial
resources to both the private and public sectors in Redlands. Interim
Redevelopment Agency Director Dukett and William Hurley, Executive
Director of CMB, reviewed this program for the City Council. BEDAC
members Kathy Thurston and Jeff Sceranka were also available to answer
questions. Councilmember Gilbreath moved to invite and encourage CMB
Export LLC to offer their EB-5 Visa Economic Development Loan Program to
the private and public sectors within the City of Redlands and to authorize staff
to consider such loans for eligible City projects. Motion seconded by
Councilmember Gallagher and carried unanimously.
CLOSED SESSION
The City Council meeting recessed at 4:30 P.M. to a closed session to discuss
the following:
1. Conference with real property negotiator- Government Code §54956.8
(Interim Community Development Director Dalquest)
Property: APNs 0292-034-02, 05 and 08
Negotiating parties: N. Enrique Martinez, Bob Dalquest and
Robert W. Best Family Trust
Under negotiation: Terms and price for City purchase of property
2. Conference with real property negotiator- Government Code §54956.8
(Interim Municipal Utilities and Engineering Director Diggs)
Property: 2300 West San Bernardino Avenue
Negotiating parties: N. Enrique Martinez, Chris Diggs and
Steve Ames (US Industrial REIT II)
Under negotiation: Terms and price for termination of City utility
easement
3. Conference with legal counsel: Anticipated litigation - Government Code
§54956.9(b)
(City Attorney McHugh)
a. Facts and Circumstances - Consideration of claim of Rocky Comfort
Mutual Water Company
4. Public employee performance evaluation- Government Code §54957
a. City Manager
February 19,2008
Page 7
5. Conference with labor negotiators - Government Code §54957.6
a. Unrepresented employee - City Manager
The meeting reconvened at 7:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
Jerry Bean, Councilmember
ABSENT None
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Clete Hyman, Deputy Police Chief, Jim Topoleski,
Battalion Fire Chief; Tina Kundig, Finance Director; Chris Diggs, Interim
Municipal Utilities and Engineering Director; Bob Dalquest, Interim
Community Development Director; Deborah Scott-Leistra, Human Resources
Manager; Kurt Smith, Chief Information Officer; Gary Van Dorst, Quality of
Life Director
CLOSED SESSION REPORT
No reportable action.
ANNOUNCEMENT/REPORTS
SANBAG Meeting - Mayor Pro Tem Gilbreath reported on the SANBAG
meeting held on February 6, 2008.
Oninitrans Meeting - Councilmember Gallagher reported on the Omnitrans
meeting held on February 6, 2008.
NEW BUSINESS
Termination of Utility Easement - US Industrial REIT 11 - The request for
termination of the City's easement for a portion of vacated Bryn Mawr Avenue
within Parcel I of Parcel Map 15565 was unanimously continued to March 4,
2008, on motion of Councilmember Gilbreath, seconded by Councilmember
Gallagher.
PUBLIC HEARING
CDBG Allocations - A public bearing was advertised for this time and place to
establish prioritization and funding distribution of the Community Development
Block Grant (CDBG) proposals for the 2008-09 funding cycle. Mayor Harrison
declared the meeting open as a public hearing.
February 19,2008
Page 8
Quality of Life Director Van Dorst reported that San Bernardino County
Community Development and Housing has asked the City Council to limit its
funding priorities within a Community Development Block Grant allocation of
$339,243.00. This amount is 60 percent of the $565,405.00 allocation for the
City of Redlands announced by the U. S. Department of Housing and Urban
Development on January 18, 2008. The cooperative agreement, expiring in
2009, requires that the remaining 40 percent be utilized by the County to
provide the City's share of Countywide Housing Preservation, Fair Housing and
administrative activities. Staffs recommendations are based upon how the
proposals benefit the community as a whole and the number of low- and
moderate-income people served. The funds become available July 1, 2008.
Quality of Life Director Van Dorst then reviewed the construction/public
projects recommended for the City of Redlands Quality of Life Department's
tree planting in the target area and City of Redlands Municipal Utilities and
Engineering Department's ADA curb cuts and sidewalks.
Representatives from the following organizations addressed the City Council
and responded to Councilmembers' questions: A Special Place, Children's
Hands on Museum for special needs program; Community Action Partnership
of San Bernardino for a financial literacy program; Developing Aging
Solutions with Heart, Inc. for continuation of geriatric care for family
caregivers; Family Services Association of Redlands, Inc. for continuation of
homeless prevention case management and assistance; Gang Reduction
Intervention Team for continuation of gang intervention program for high risk
youth; Hill Country for transitional sober living/homeless; Inland Temporary
Homes, Inc. for continuation of emergency shelter services to homeless
families; Legal Aid Society of San Bernardino, Inc. for continuation of legal aid
services; Neighborhood Housing Services of the Inland Empire for homebuyer
education; San Bernardino Sexual Assault Services, Inc. for continuation of
crisis intervention/counseling; Sunflower Community Services, Inc. for social
services; and the YMCA of the East Valley for continuation of legal aid
services. There being no further questions or comments,Mayor Harrison closed
the public hearing.
Councilmember Gallagher suggested an additional $2,500.00 be allocated to the
Gang Reduction Intervention Team; this was agreed upon by all
Councilmembers. Councilmember Gilbreath moved to approve the individual
project allocations as follows. Motion seconded by Councilmember Aguilar
and carried unanimously.
(see next page)
February 19,2008
Page 9
City of Redlands - Program Administration $ 33,924.00
City of Redlands - Quality of Life Department
Tree Planting in Target Area 25,000.00
City of Redlands - Municipal Utilities and Engineering
Department -ADA Curb Cuts/Sidewalks 229,432.00
Department of Aging and Adult Services 6,250.00
Developing Aging Solution with Heart, Inc.
Alzheimer Care 6,000.0
Family Services Association of Redlands, Inc. 10,000.00
Gang Reduction Intervention Team 7,500.00
Inland Temporary Homes, Inc. 5,000.00
San.Bernardino Sexual.Assault Services, Inc. 5,000.00
YMCA of the East Valley 5,000.00
Unallocated Reserve 2,028.00
PUBLIC COMMENTS
Accolade - Brooks Minchin expressed his appreciation to the Redlands Police
Department in a recent situation involving his daughter.
Ford Park Tennis Courts - On behalf of the Redlands Youth Tennis, Evelyn
Alms and Lori Fenster asked the City Council to consider refurbishing and
resurfacing the Ford Park Tennis Courts. They were referred to City Manager
Martinez.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:25 P.M. The next regular meeting will be held on March 4, 2008.
February 19,2008
Page 10