HomeMy WebLinkAbout111808-CityCouncil_CCv0001.pdf Published and posted on Website 11-19-2008
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 18 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 Councilmember Gallagher
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 Cleo, one-two year old
Chihuahua-mix who is still available for adoption at the Redlands Animal
Shelter.
Proclamation - The Human Relations Commission requested the issuance of a
proclamation recognizing the dignity of labor and the fundamental principle of a
living wage. Councilmember Aguilar moved to approve this request; motion
seconded by Councilmember Harrison. Councilmembers discussed this matter
with Councilmembers Gilbreath, Bean and Gallagher stating they would oppose
issuance of this proclamation. Councilmember Aguilar moved to table the
matter; motion seconded by Councilmember Harrison and carried unanimously.
At the end of the evening session, under the impression the City Council had
referred this request back to the Human Relations Commission, Commissioner
Sue Greenfeld asked Councilmembers what type of information they would like
to assist in their decision to reconsider issuance of this proclamation.
Councilmember Bean clarified the matter was tabled; not sent back to the
Human Relations Commission.
November 18,2008
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CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously approved the minutes
of the regular meeting of November 4, 2008, as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher,payment of salaries and bills was acknowledged.
Notice of Environmental Actions - Councilmember Bean asked for further
information regarding the City of San Bernardino's notice on a proposal that
was filed for a Conditional Use Permit to convert an existing steel mill, located
on the northwest corner of Mountain View Avenue and Riverview Avenue, to a
tire/rubber processing facility. Quality of Life Director van Dorst described the
current operation which did not include any air quality problems. Assistant
Community Development Director Dalquest assured Councilmembers he would
get more information on the application. Councilmember Bean moved to
acknowledge the report on notices of pending environmental actions and
pending projects received from surrounding jurisdictions. Motion seconded by
Councilmember Gilbreath and carried unanimously.
Resolution No. 6781 - Annexation No. 6 - CFD 2004-1 - Following brief
discussion, Councilmember Harrison moved to adopt Resolution No. 6781, a
resolution of the City Council of the City of Redlands declaring its intention to
annex territory to Community Facilities District No. 2004-1 of the City of
Redlands and adopting a map of the area proposed to be annexed thereto
(Annexation No. 6), as petitioned by the Cordillera Homeowners Association
consisting of 40 residential units located easterly of Alessandro Road and
Sunset Hills Lane. Motion seconded by Councilmember Gilbreath and carried
unanimously.
Resolution No. 6784 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted
Resolution No. 6784, a resolution of the City Council of the City of Redlands
establishing the following traffic regulation in accordance with Title 10 of the
Redlands Municipal Code: establish speed limits on Pennsylvania Avenue.
Resolution No. 6783 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted
Resolution No. 6783, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations in accordance with Title 10 of the
Redlands Municipal Code: install a multi-way stop at Nevada Street and Park
Avenue; create a no parking zone on the west side of Judson Street from
Pennsylvania Avenue north of San Bernardino Avenue, as recommended by the
Traffic and Parking Commission.
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Contract - Drainage Culverts - City Creek - Following brief discussion,
Councilmember Aguilar moved to approve a revised contract agreement among
the County of San Bernardino, the Inland Valley Development Agency, the
City of San Bernardino, the City of Highland and the City of Redlands for the
construction and installation of drainage culverts, bank protection and roadway
improvements on Alabama Street at City Creek and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
Motion seconded by Councilmember Gilbreath and carried unanimously.
Resolution No. 6768 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted
Resolution No. 6768, a resolution of the City Council of the City of Redlands
establishing the following traffic regulations in accordance with Title 10 of the
Redlands Municipal Code: replace existing bus loading zone with no parking
zone on Fern Avenue along the frontage of Cope Middle School; create a
loading zone on the north side of State Street, west of Tennessee Street along
the frontage of 301 Tennessee Street; and create a two-hour time limit parking
zone on Eureka Street from Fern Avenue to Home Place, as recommended by
the Traffic and Parking Commission.
Resolution No. 6782 - Grant Application - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously adopted Resolution No. 6782, a resolution of the City Council of
the City of Redlands authorizing the submission of a grant application to the
State of California Department of Forestry and Fire Protection Urban Forestry
Program, to create and implement tree planting projects.
Fee Waiver - Proclamation - American Cancer Society - Representing the
American Cancer Society, June Patterson thanked the City Council for their
consideration of their request to issue a proclamation declaring the City of
Redlands a "Relay for Life Community" and supporting the 10th Annual
Redlands Relay for Life event to be held on March 14-15, 2009, at Redlands
East Valley High School and waiving the fee for the use of the City's
Showmobile. She provided packets of information and applications to
participate and tee-shirts commemorating the event. Councilmember Harrison
moved to approve the issuance of the proclamation and to waive $1,100.00 in
fees to the American Cancer Society for the two-day use of the City's
Showmobile providing that certain other requirements noted in the rental
contract are met for towing, set-up, deposit, insurance coverage and rental
period. Motion seconded by Councilmember Gilbreath and carried
unanimously.
Funds - Park Maintenance Funding Agreement - Following discussion,
Councilmember Bean moved to approve a park maintenance funding agreement
with Beazer Homes Holdings Corporation for an eight acre park commonly
known as City of Redlands Tract No. 16390, authorized the Mayor to execute,
November 18,2008
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and the City Clerk to attest to, the document on behalf of the City and approved
an additional appropriation in the amount of$49,000.00. Motion seconded by
Councilmember Gilbreath and carried unanimously.
Fire Protection Agreement - Following brief discussion, Councilmember Bean
moved to approve renewal of a cooperative fire protection agreement with the
USDA Forest Service, San Bernardino National Forest and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf of the
City. Motion seconded by Councilmember Gilbreath and carried unanimously.
Local Emergency Report - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council unanimously acknowledged
receipt of the report regarding the status of the declared local emergency at the
Safety Hall.
COMMUNICATIONS
Meeting Attendance - In compliance with Government Code Sections 53232.2
and 53232.3, Mayor Harrison reported on his attendance at the National League
of California Cities annual business meeting on November 15, 2008, in
Orlando, Florida.
Palm Tree Trimming - Quality of Life Director van Dorst presented an update
on the removal and trimming by Southern California Edison of palm trees
impacted by overhead utilities. Staff has obtained a commitment from Southern
California Edison to provide residents with a City letter and "pledge card" for
the replacement of palm trees removed. Residents who commit to watering a
City street tree will be added to the City street tree list for planting when the
pledge card is returned to the City. The trees planted as replacement trees will
be "line trees" which will not pose an issue for overhead utilities. Beverly
Powell and a supervisor from Southern California Edison answered
Councilmembers' questions. Mayor Harrison expressed appreciation for the
cooperation by Southern California Edison.
NEW BUSINESS
Climate Action Task Force - Mayor Harrison recommended establishing a
citizens' task force to develop an inventory of recommended public and private
sector actions for reducing green house gas emissions within Redlands in
accordance with targets established by A1332. Following discussion,
Councilmember Harrison moved to approve this recommendation to establish a
Climate Action Task Force. Motion seconded by Councilmember Gilbreath and
carried unanimously.
Agreement - Lobbyist - Assistant City Attorney Michael Reiter presented a
recommendation to the City Council to approve an agreement with Van Scoyoc
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Associates, Inc. to provide legislative advocate services to pursue legislative
matters of importance to the City and funding opportunities. Following
discussion, Councilmember Gilbreath moved to approve the agreement with
Van Scoyoc Associates, Inc., in an amount not to exceed $63,000.00 and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City. Motion seconded by Councilmember Gallagher and
carried unanimously.
Agreement - Redlands Conservancy - Sherli Leonard, Executive Director of the
Redlands Conservancy, presented a PowerPoint showing existing trails and the
area of the proposed Creekside Trail on the City-owned property in San
Timoteo Canyon. Martie Wells, property owner of the adjoining parcel, said he
was shocked and appalled that there was no notification of this proposal to
nearby property owners. Bob Roberts also complained a public hearing was not
scheduled for this proposal nor an environmental review. City Attorney
McHugh assured Councilmembers staff has reviewed the proposal and saw no
significant impact and everything had been done legally proper. Following
discussion, Councilmember Harrison moved to approve the agreement for the
construction and maintenance of the Creekside Trail with the Redlands
Conservancy, authorized the Mayor to execute, and the City Clerk to attest to,
the document on behalf of the City and further, that staff will investigate
environmental review and other requirements to ensure that all considerations
for the construction of this trail are properly met. Motion seconded by
Councilmember Gilbreath and carried unanimously.
Airport Master Plan - Todd Housley, Redlands Municipal Airport Manager,
introduced a representative from Coffman Associates, Inc. who reviewed the
proposed Redlands Municipal Airport Master Plan. Councilmember Gilbreath
moved to determine that approval of the Redlands Municipal Airport Master
Plan is exempt from review under the California Environmental Quality Act
pursuant to CEQA Guidelines, Section 15061(b)(3) and directed staff to file a
notice of exemption with the County Clerk. Motion seconded by
Councilmember Gallagher and carried unanimously. Councilmember Gilbreath.
moved to approve the Redlands Municipal Airport Master Plan prepared by
Coffman Associates, Inc. Motion seconded by Councilmember Gallagher and
carried unanimously.
Agreement - Electricity Cogeneration Facility - Municipal Utilities and
Engineering Director Hoerning reviewed the recommendation to approve an
agreement to furnish operation and maintenance services for the Electricity
Cogeneration Facility with SCS Energy. Councilmember Gilbreath moved to
approve this agreement in an amount of$435,640.00 and authorized the Mayor
to execute, and the City Clerk to attest to, the document on behalf of the City.
Motion seconded by Councilmember Gallagher and carried unanimously.
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Ordinance No. 2708 - .Market Night Curfew - Police Chief Bueermann
explained the need to expand the area to apply the juvenile curfew during the
City's sponsored "Market Night" to include the geographical area bounded by
Citrus Avenue on the south, Eureka Street on the west, the Interstate 10
Freeway on the north, and Sixth Street between the Interstate 1.0 Freeway and
Redlands Boulevard, on the east, and then from Redlands Boulevard to Citrus
Avenue on the east. Ordinance No. 2708, an ordinance of the City of Redlands
amending Chapter 9.24 of the Redlands Municipal Code relating to a juvenile
curfew during the City's sponsored Market Night, was read by title only by City
Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, further reading of the ordinance text was
unanimously waived, and Ordinance No. 2708 was introduced with unanimous
Council approval and laid over under the rules with adoption scheduled for
December 2, 2008.
CLOSED SESSION
The City Council meeting recessed at 4:58 P.M. to a closed session to discuss
the following:
1. Conference with real property negotiator- Government Code §54956.8
(Community Development Director Orci)
Property: APN-167-011-09 and 11 (Wash Plan)
Negotiating parties: N. Enrique Martinez, Oscar Orci, and Randy Scott,
San Bernardino Valley Water Conservation District
Under negotiation: Terms and price
2. Conference with labor negotiator- Government Code §54957.6
Agency negotiator: Debbie Scott-Leistra
Employee organizations: Redlands Association of Management
Employees, Redlands Association of Mid-
Management Employees, Redlands Civilian
Safety Employees Association and General
Employees Association of Redlands
Unrepresented employees: City Manager, City Attorney
3. Conference with real property negotiator- Government Code §54956.8
(Redevelopment and Economic Development Director Hobbs)
Property: APNs 0171-053-01 and 02 and 0171-053-03 and 04
Negotiating parties: N. Enrique Martinez,Daniel G. Hobbs and
Martin Vahtra, Redlands Land Holding
Under negotiation: Terms and price
Due to a potential conflict of interest, Councilmember Bean did not
participate in this matter; a Public Disclosure of Potential Conflict of
Interest form is on file in the City Clerk's Office.
The meeting reconvened at 7:00 P.M.
November 18,2008
Page 6
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tern
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; Teresa Ballinger, Assistant 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
CLOSED SESSION REPORT
City Attorney McHugh reported no reportable action taken during the closed
session; that Mr. Bean recused himself from the closed session relating to the
Redlands Land Holding conference due to a potential conflict of interest; and
that the City Council did not discuss the City Clerk under the conference with
the labor negotiator.
ANNOUNCEMENTS/REPORTS
Mayor Pro Tem Gilbreath reported on her attendance at the SANBAG and
SCAG meetings held recently. Councilmember Gallagher reported on his
attendance at the recent Omnitrans meeting. Councilmember Bean reported on
his attendance at the Confire meeting held recently.
NEW BUSINESS
Utilities Advisory Committee Repo - Municipal Utilities and Engineering
Director Hoeming expressed her appreciation to members of the Utilities
Advisory Committee, Raftelis Financial Consultants, Inc. and staff for their
work on the water and wastewater rate study and development impact fee study.
Chairman of the Utilities Advisory Committee Steve Stockton presented an
overview of the studies and the recommendations for increasing the water and
wastewater rates and decreasing the nonpotable water rates. Due to technical
difficulties with the live broadcast of the meeting, the City Council recessed at
7:35 P.M. and reconvened at 7:48 P.M. Kevin Morningstar, a member of the
Utilities Advisory Committee, opposed the recommended rates as he felt the
increases just were not right and urged the City Council to vote the
recommendations down. Dave Garcia, member of the Municipal Utilities and
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Public Works Commission, reported they discussed the study in detail and voted
unanimously to recommend approval to increase the rates. Water Resources
Manager Diggs answered Councilmembers' questions. Councilmember
Gilbreath moved to accept the recommendations of the Utilities Advisory
Committee for water, nonpotable water and wastewater rates. Motion seconded
by Councilmember Gallagher and carried unanimously. Councilmember
Gilbreath moved to accept the recommendations of the Utilities Advisory
Committee for the water, nonpotable water and wastewater capital improvement
projects. Motion seconded by Councilmember Gallagher and carried
unanimously. Councilmember Gilbreath moved to direct staff to prepare
ordinances for implementation of the recommended water, nonpotable water
and wastewater rates and issue the required Proposition 218 notice for a public
hearing. Motion seconded by Councilmember Gallagher and carried
unanimously. Municipal Utilities and Engineering Director Hoerning explained
the timing and process required by Proposition 218 for the public hearing.
LAND USE AND PUBLIC HEARINGS
Investwest Partners IV, LP - Applicant - Public notice was advertised for this
time and place to approve a Draft Mitigated Negative Declaration for Street
Vacation No. 145 to vacate an existing alley east of Eureka Street from Pearl
Avenue southerly a length of approximately 700 feet, in the Town Center
District of Specific Plan No. 45; Street Vacation No. 146 to vacate a segment of
Ruiz Street from Pearl Avenue southerly a length of approximately 195 feet to
High Avenue, in the Town Center District of Specific Plan No. 45; and
Revision No. I to Commission Review and Approval No. 773 to expand an
existing commercial center with the development of a two-story commercial
building with an area of 18,200 square feet and new parking lot areas generally
located on the south side of Pearl Avenue between Eureka Street and Third
Street in the Town Center District of Specific Plan No. 45, and public hearings
to consider Resolution No. 6679 approving Street Vacation No. 145 as
described above and Resolution No. 6680 approving Street Vacation No. 146 as
described above. Mayor Harrison declared the meeting open as a public
hearing. Principal Planner Manuel Baeza reviewed the proposed project.
Mayor Harrison called for public comments. Representatives of the applicant
were present to respond to any questions. Mario Saucedo, North Redlands
Visioning Committee, asked about homeowners' access on Ruiz Street and was
assured by Principal Planner Baeza they would continue to have access from
High Avenue. There being no further verbal or written comments, the public
hearing was declared closed.
Mitigated Negative Declaration - Councilmember Gilbreath moved to
approve the Mitigated Negative Declaration for Street Vacation No. 145,
Street Vacation No. 146 and Revision No. I to Commission Review and
Approval No. 773 and directed staff to file and post a Notice of
Determination in accordance with the City's guidelines. Motion seconded
by Councilmember Gallagher and carried unanimously.
November 18,2008
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Resolution No. 6779 - Street Vacation No. 145 - Councilmember Gilbreath
moved to adopt Resolution No. 6779, a resolution of the City Council of the
City of Redlands ordering the vacation of an alley east of Eureka Street
from Pearl Avenue southerly for a length of approximately 700 feet as
depicted in Exhibit A of said resolution. Motion seconded by
Councilmember Gallagher and carried unanimously.
Resolution No. 6780 - Street Vacation No. 146 - Councilmember Gilbreath
moved to adopt Resolution No. 6780, a resolution of the City Council of the
City of Redlands ordering the vacation of a segment of Ruiz Street from
Pearl Avenue southerly for a length of approximately 195 feet to High
Avenue as depicted in Exhibit A of said resolution. Motion seconded by
Councilmember Gallagher and carried unanimously.
Resolution No. 6777 - Medical Massage Therapy - Public hearing was
advertised for this time and place to consider Resolution No. 6777, Specific
Plan No. 40 (Amendment No. 38), an amendment to Section EV 3.0710(4) of
Specific Plan No. 40 (East Valley Corridor Specific Plan) to allow medical
massage therapy as a permitted land use. Mayor Harrison declared the meeting
open as a public hearing. Principal Planner Manuel Baeza reviewed the
proposed amendment. Mayor Harrison called for a public comments. There
being no verbal or written comments, the public hearing was declared closed.
CEQA Exemption - Councilmember Gilbreath moved to find that
Amendment No. 38 to Specific Plan No. 40 is exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA
Guidelines. Motion seconded by Councilmember Gallagher and carried
unanimously.
Resolution No. 6777 - Councilmember Gilbreath moved to adopt Resolution
No. 6777, a resolution of the City Council of the City of Redlands amending
Section EV 3.0710 of the City of Redlands' Specific Plan No. 40 relating to
permitted land uses in the General Commercial Land Use District, and
approving Amendment No. 38 to Specific Plan No. 40. Motion seconded by
Councilmember Gallagher and carried unanimously.
PUBLIC COMMENTS
Proclamation - Living Wage - At the end of the evening session, under the
impression the City Council had referred the request for a proclamation
recognizing the dignity of labor and the fundamental principle of a living wage
back to the Human Relations Commission, Commissioner Sue Greenfeld asked
Councilmernbers what type of information they would like to assist in their
decision to reconsider issuance of this proclamation. Councilmember Bean
clarified the matter was tabled; not sent back to the Human Relations
Commission.
Holiday Choral Concert - Mario Saucedo, North Redlands Visioning
Committee, invited everyone to a free holiday choral concert featuring the Los
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Angeles All Girls Choir "Harmonies Girls Choir" to be held on Saturday,
December 20, 2008, from 5:00 P.M. to 7:30 P.M. in the University of Redlands
Memorial Chapel. This free event is presented in partnership with the North
Redlands Visioning Committee and the University of Redlands.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:33 P.M. The next regular meeting will be held on December 2, 2008.
November 18,2008
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