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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 November 4 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; Jim Bueermann, Police Chief; David Hexem, Chief
Information Officer; Daniel Hobbs, Redevelopment Agency Director;
Rosemary Hoerning, Municipal Utilities and Engineering Director; Tina
Kundig, Finance Director/City Treasurer; Jeff L. Frazier, Fire Chief; Oscar W.
Orci, Community Development Director; Deborah Scott-Leistra, Human
Resources Director; Gary van Dorst, Quality of Life Director
The meeting was opened with an invocation by Mayor Harrison followed by the
pledge of allegiance to the American flag.
PRESENTATIONS
Pet Adoptions - Animal. Control. Officer Bill Miller and Redlands Animal
Shelter volunteer Lynda Ackerman introduced Louise, a one-two year old lab
mix, who is available for adoption at the Redlands Animal Shelter.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously approved the minutes
of the regular meeting of October 21, 2008, and the special meeting of
October 28, 2008, as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher,payment of salaries and bills was acknowledged.
Resolution No. 6770 - Orange Blossom Trail - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously adopted Resolution No. 6770, a resolution of the City Council of
the City of Redlands approving an application for grant funds for the California
River Parkways Grant Program under the Safe Drinking Water, Water Quality
November 4,2008
Page 1
and Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Proposition 84), for the first phase of the Orange Blossom Trail construction
which has been identified as the segment between California and Alabama
Streets.
Resolution No. 6772 - City Clerk Compensation - Councilmember Bean asked
for a clarification regarding the stipend for the City Treasurer position and other
questions regarding the salary and benefits contained in Resolution No. 6772, a
resolution of the City Council of the City of Redlands establishing
compensation for the City Clerk. Councilmember Bean moved to adopt
Resolution No. 6772. Motion seconded by Councilmember Gilbreath and
carried unanimously.
Lease Agreement - Dill Lumber Company - Following brief discussion,
Councilmember Bean moved to acknowledge the commercial lease agreement
with Dill Lumber Company that the City Council authorized entering into at a
recent closed session which reflects the City Council's terms and conditions for
the lease for the property located at 1740 West Redlands Boulevard to be used
as offices for the Redlands Police Department and affiliated staff. Motion
seconded by Councilmember Gilbreath and carried unanimously.
Proclamation - Findlay House - Mayor Harrison introduced Daniel Cozad,
current owner of the Findlay House. Mr. Cozad thanked the City Council and
staff for their support in the rehabilitation of Findlay House, originally located
at 902 West Fern Avenue and now located at 360 Lakeside Avenue. Mr. Cozad
shared the program for the Centennial Rededication to be held on November 7
and 8, 2008. Daniel N. Findlay was one of Redlands' early businessmen
arriving in the City in 1888 where he operated Reid and Findlay, a men's
furnishing establishment in :Redlands and other businesses in Riverside.
Councilmember Harrison moved to authorize the issuance of a proclamation
recognizing the rededication of the Findlay House on its 100th anniversary.
Motion seconded by Councilmember Gilbreath and carried unanimously.
Revised Agreement - Tentative Tract No. 17253 - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved the revised agreement with Caltrans for
landscape maintenance of the parkway on Lugonia Avenue within Caltrans
right-of-way (State Route 38) associated with the Grove Homes, LLC
Development, Tentative Tract No. 17253.
Agreement - Country Club Reservoir Replacement - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved an agreement to furnish professional
engineering design services with Black & Veatch Corporation, for the
replacement of the Country Club Reservoir No. 1 in an amount of$109,000.00
November 4,2008
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and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Resolution No. 6774 - CFD No. 2004-1 - Annexation No. 4 - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6774, a resolution of the City
Council of the City of Redlands declaring the results of the special election for
Community Facilities District No. 2004-1 (Annexation No. 4) on the
proposition of the annual levy of special taxes within the territory proposed to
be annexed to said Community Facilities District to pay the costs of certain
services to be provided by the Community Facilities District, determining that
the territory proposed to be annexed is added to and part of said Community
Facilities District with full legal effect, and ordering the recording of a map of
the boundaries of said Community Facilities District including the territory
annexed thereto.
Resolution No. 6775 - CFD No. 2004-1 - Annexation No. 5 - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted Resolution No. 6775, a resolution of the City
Council of the City of Redlands declaring the results of the special election for
Community Facilities District No. 2004-1 (Annexation. No. 5) on the
proposition of the annual levy of special taxes within the territory proposed to
be annexed to said Community Facilities District to pay the costs of certain
services to be provided by the Community Facilities District, determining that
the territory proposed to be annexed is added to and part of said Community
Facilities District with full legal effect, and ordering the recording of a map of
the boundaries of said Community Facilities District including the territory
annexed thereto.
Funds - Asset Seizure Budget - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
approved the Police Department's Asset Seizure Budget for Fiscal Year July 1,
2008, through June 30, 2009, in the amount of$307,601.00.
Funds - DUI Enforcement and Awareness Grant- On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously accepted the DUI Enforcement and Awareness Grant Project
No. AL0940 for Local Law Enforcement Agencies in the amount of$87,320.00
and approved an additional appropriation for the same.
Funds - Click It or Ticket Grant - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously accepted
the Next Generation "Click It or Ticket" Grant Project No. AL0940 for local
law enforcement agencies in the amount of $33,785.00 and approved an
additional appropriation for the same.
November 4,2008
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COMMUNICATIONS
Meeting Attendance - In compliance with Government Code Sections 53232.2
and 53232.3, there were no reports forthcoming from Councilmembers.
Councilmembers Gallagher, Gilbreath and Harrison reported on their activities
and attendance at meetings during the past two weeks and upcoming events.
NEW BUSINESS
Budget Committee - Mayor Harrison reported that at the City Council meeting
on May 1, 2007, in connection with establishing a financial management plan
and a General Fund reserve policy, the City Council took action to appoint the
City Treasurer to the City's Budget Committee. With that action, the Budget
Committee became subject to the Ralph M. Brown Act and has since held its
meetings in compliance with that law. In addition to the City Treasurer, the
Budget Committee is comprised of two Councilmembers. Finance Director
Tina Kundig and Assistant Finance Director Tom Steele regularly provide staff
support to the Budget Committee. With the recent appointment of Ms. Kundig
to the elective office of City Treasurer, it does not appear necessary or
appropriate to retain the City Treasurer as an official member of the Budget
Committee. Councilmember Gilbreath moved to eliminate the position of City
Treasurer from the City's Budget Committee as recommended by Mayor
Harrison. Motion seconded by Councilmember Gallagher and carried
unanimously.
State Street Improvements - Redevelopment and Economic Development
Director Hobbs reported in an effort to improve the appearance of downtown,
last fall the City Manager formed a Downtown/State Street Task Force,
comprised of representatives from various City departments, charged with the
responsibility of addressing specific maintenance and beautification issues. The
Task Force identified several areas of concern that were quickly addressed
which provided immediate aesthetic improvements to the extended downtown.
The initial issues identified and addressed included additional street sweeping
and re-striping on State Street, pressure washing the sidewalks more frequently,
developing a facade improvement program, addressing temporary construction
screens, window signage, broken windows, etc. One of the most visible and
publicly recognized components to the effort was the Redevelopment Agency's
financial contribution to replace the street furnishings in the extended
downtown. The Redevelopment Agency :Board of Directors approved the
Fiscal Year 2008-2009 budget appropriating a $100,000.00 line item for State
Street improvements that will serve as a second phase of the beautification
efforts initiated last fall. The Downtown Redlands Business Association's
merchant advisory committee has made the following recommendations: (1)
November 4,2008
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low-maintenance landscaping, irrigation repairs and improvements, enhancing
approximately 50 planters on State Street, Fifth Street, Redlands Boulevard and
the periphery and (2) parking sign consolidations to reduce the number of time-
restriction signs peppering downtown street poles and lampposts to
consolidated, attractive signage located in key areas of individual blocks.
Senior Special Programs Coordinator Heather Smith reviewed the proposed
improvements and responded to Councilmembers' questions. Pursuant to
California Health and Safety Code Section 33445, Councilmember Gilbreath
moved to approve the use of $100,000.00 of Redevelopment funds for State
Street improvements including landscaping and consolidated parking signs.
Motion seconded by Councilmember Gallagher and carried unanimously.
Landscape Maintenance Agreement - As recommended by staff,
Councilmember Gilbreath moved to approve an agreement with Caltrans for
landscape maintenance for the right-of-way improvements associated with
Commission Review and Approval No. 826 for property on the southeast corner
of California Street and Orange Tree Lane. Motion seconded by
Councilmember Gallagher and carried unanimously.
Resolution No. 6776 - Landscape Maintenance Agreements - As recommended
by staff, Councilmember Gilbreath moved to adopt Resolution. No. 6776, a
resolution of the City Council of the City of Redlands delegating to the City
Manager the authority to approve agreements for the City's maintenance of
landscaping and improvements in Caltrans' rights-of-way. Motion seconded by
Councilmember Gallagher and carried unanimously.
UNFINISHED BUSINESS
Redlands Economic Development Plan - The City Council continued its review
and discussion regarding the Economic Development Strategy Report first
presented to the City Council on September 16, 2008, and again on October 21,
2008. Councilmembers discussed the recommendations regarding infrastructure
and residential property values/housing crisis.
LATE BREAKING ITEM
Resolution No. 6778 - Local Emery - Safety Hall Flood - Noting the need
to take action was immediate, Councilmember Gilbreath moved to add the
following item to the agenda which arose subsequent to the agenda being
posted: "Proclamation of a local emergency: Resolution No. 6778 - Request the
City Council find and determine that a local emergency will not permit a delay
caused by the solicitation of competitive bids for the necessary work to alleviate
the emergency and authorize the City Manager to negotiate and award such
necessary contracts." Motion seconded by Councilmember Gallagher and
carried unanimously. Fire Battalion Chief Scott MacDonald reported a severe
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isolated thunderstorm on November 1, 2008, flooded the Police Department's
Communication Center and the Safety Hall basement. The basement houses the
entire City government telecommunications systems necessary to support
continuity of government, the provision of public safety and the technology
necessary to support communications for police officers and public safety. In.
addition, the delicate nature of the telecommunication system is at risk every
time it rains. Immediate protective measures should be taken in order to protect
this essential infrastructure. Pursuant to the request of the City Manager (the
City's Director of Emergency Services), Councilmember Gilbreath moved that
this City Council proclaim the existence of a "local emergency" in accordance
with Chapter 2.52 of the Redlands Municipal Code. Motion seconded by
Councilmember Gallagher and carried unanimously. Councilmember Gilbreath
moved that the City Council find and determine that City staff has presented the
City Council with verbal and written testimony which constitutes substantial
evidence that the local emergency caused by the accidental flooding of the
Police Department's Communication Center and Safety Hall basement will not
permit a delay in undertaking the work to alleviate the local emergency that
would result from a competitive solicitation of bids for the project. Motion
seconded by Councilmember Gallagher and carried unanimously.
Councilmember Gilbreath moved to adopt Resolution No. 6778, a resolution of
the City Council of the City of Redlands declaring that the public interest and
necessity demand the immediate expenditure of public money to safeguard life,
health and property. Motion seconded by Councilmember Gallagher and
carried unanimously. Councilmember Gilbreath moved that the City Council
determine that the City's award of a contract for the repairs does not require
further environmental processing pursuant to Section 15269 of the California
Environmental Quality Act Guidelines based on the following determination:
emergency repairs to publicly owned service facilities necessary to maintain
service essential to the public health, safety and welfare are exempt from the
requirements of California Environmental Quality Act. Motion seconded by
Councilmember Gallagher and carried unanimously. Councilmember Gilbreath
moved to authorize the City Manager to negotiate and award the necessary
contracts to alleviate the emergency at the Police Communication Center and
Safety Hall basement. Motion seconded by Councilmember Gallagher and
carried unanimously.
PUBLIC COMMENTS
Smoking Ban - Dr. Jesus Flores explained a problem he is experiencing at the
Dr. Flores Family Dental Office located at 1585 West Redlands Boulevard with
people smoking near the entrance to his office and asked the City Council to
amend the smoking ban to include dental offices. Dr. Flores was referred to the
City Manager for assistance.
November 4,2008
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CLOSED SESSION
The City Council meeting recessed at 4:49 P.M. to a closed session to discuss
the following:
1. Conference with legal counsel: Existing Litigation - Government Code
§54956.9(a)
a. Mary Jane Both v. City of Redlands, et al
San Bernardino County Superior Court Case No. SCVSS 148597
2. Conference with real property negotiator- Government Code §54956.8
Property: APN 0167-242-15, 16 and 17
Negotiating parties: N. Enrique Martinez, Gary van Dorst and
P. T. McEwen, Boys and Girls Club of Redlands
Under negotiation: Terms and price relating to possible transfer of property
The meeting reconvened at 5:08 P.M.
PRESENT Jon.Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
Jerry Bean, Councilmember
ABSENT None
CLOSED SESSION REPORT
There was no reportable action taken during this closed session.
Disability Retirement - City Attorney McHugh reported the City Council
unanimously approved a disability retirement for the position of Police
Lieutenant at its meeting of September 16, 2008.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
5:09 P.M. with the reminder to vote in today's national election. The next
regular meeting will be held on.November 1.8, 2008.
November 4,2008
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