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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 March 3, 2009, at
3:00 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tent
Mick Gallagher, Councilmeniber
Pete Aguilar, Councilmernber
Jerry Bean, Councilmember
ABSENT None
STAFF N. Enrique Martinez, City Manager; Daniel J. Mcf-11.1011, City Attorney; Lorrie
Poyser, City Clerk; I'm Buccrinann, Police Chief, David Hexcil , Chief
frif'onriation Officer; Daniel Hobbs, Redevelopment Agency Director; Rosemary
Floerning, Municipal Utilities and Engineering Director; Tina Kundig, Finance
Director/City Treasurer; Jeff L. Frazier, Fire Chief, Oscar W. Ore], 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 Aguilar
followed by the pledge of allegiance to the American flag.
PRESENTATIONS
Pet Adaptions - Animal Control Officer Bill Miller and Redlands Animal
Shelter volunteer Lynda Ackerman introduced Flower, a perky one and half
year-old Chihuahua-mix who is available for adoption at the Redlands Animal
Shelter.
LATE BREAKING ITEM
FAA Capital Improvement Program Grant - Noting the need to take action was
immediate, COUncilinernber Gilbreath moved to add the following item to the
agenda which arose subsequent to the agenda being posted: "Request for
acceptance of a Federal Aviation Administration Capital Improvement Prograill
I
Grant Fund Offer." Motion seconded by Councilmernber Gallagher and carried
unanimously. Quality of Life Director van Dorst explained staff initiated a grant
application for the design and engineering of an aircraft wash-rack at the
Redlands Municipal Airport in December 2008. Recently, the Federal Aviation
Administration approved the application and requested the City accept the grant
within a short interval of time. The formal award letter arrived after the agenda
for this meeting was posted and acceptance of the grant requires City Council
approval. The acceptance of the grant Must be received by the Federal Aviation
Administration by close of business today or the City will lose the grant,
-iernber Gilbreath moved to app
Counciln rove a Federal Aviation Administration
grant in the amount of$55,037.00 to be placed in the Aviation Operating Fund
for the put-pose of funding the design and engineering of an aircraft wash-rack
project at the Redlands Municipal Airport and authorized the Mayor to execute,
and the City Clerk to attest to, the d0CLIrrient on behalf of the City. Motion
seconded by Couricifinember Callagher and carried unanimously.
CONSENT ('AL,E,NDAR
Minutes - On motion of Counelliliernber Gilbreath, seconded by
COLUICilmember Gallagher, the City Council unanimously approved the minutes
of the regular meeting of February 17, 2009, as Submitted.
Salaries and Bills - On motion of Councilmeniber Gilbreath, seconded by
COLIFICilmember Gallagher, payment oil-salaries and bills was acknowledged.
March 3, 2009
038
Resolution No. 6813 - Designated Signers with Bank of America- On motion of
COUncilmember Gilbreath, seconded by Counciti-nember Gallagher, the City
Council unanimously adopted Resolution No. 6813, a resolution of the City
Council of the City of Redlands providing for authorized signers on all accounts
held with Bank of America and rescinding Resolution No. 6672.
Resolution No. 6815 - Investment of City Monies - On motion of
Councilinernber Gilbreath, seconded by Councili-nerriber Gallagher, the City
Council unanimously adopted Resolution No. 6815, a resolution of the City
Council of the City of Redlands authorizing investment of City monies in the
Local Agency Investment Fund and rescinding Resolution No. 6665.
Settlement Agreement - Both - On motion Of COLUICIlmember Gilbreath,
seconded by Councilmernber Gallagher, the City Council unanimously
acknowledged a settlement and release agreement with Mary Jane Both from the
incident which occurred on or about July 22, 2006, at the Redlands Bowl. The
City Council authorized settlement of this claim and this agreement reflects the
Council's terms and conditions for settlement of this claim and the resulting
action filed in San Bernardino Superior Court Case No. SCVSS 148597.
Settlement Agreement - Rodriguez - On motion of Councilrnember Gilbreath,
seconded by CouncIlrnernber Gallagher, the City Council unanimously
acknowledged a settlement and release agreement with Jose Luis Rodriguez
frorri, the incident which occurred on or about June 9, 2006, in the Jennie Davis
Park located at Redlands Boulevard and New York Street. The City Council
authorized settlement of this claim and this agreement reflects the Council's
terms and conditions for settlement of this claim and the resulting action filed in
San Bernardino Superior Court Case No. CIVSS 702348.
Proclamation - Cesar E. ClIdVCZ - On motion Of COUncilmember Gilbreath,
seconded by COUncilinember Gallagher, the City Council unanimously
authorized Issuance of a proclamation declaring March 31, 2009, as Usur E.
Chtivez An,, to recognize the contributions and positive impact that C&sar E.
Chdvez has made for our Nation's workforce, conscience and future.
Agreement - Sale of City Property - The request to approve the sale of City-
owned property (APN 0292-021-19) located at the northeast corner of Mountain
View Avenue and San Bernardino Avenue to Southern California Edison was
withdrawn from the agenda and will be re-scheduled for a future meeting.
.Ordinance No. 2709 - Property Registration - On motion of Councill-nember
Gilbreath, seconded by COLincilrnernber Gallagher, the City Council
unanimously adopted Ordinance No. 2709, an ordinance of the City of Redlands
adding Chapter 8.10 to the Redlands Municipal Code to require the registration
of abandoned residential properties and compliance with property maintenance
standards.
Ordinance No. 2715 - Property Maintenance - On motion Of COUncilinember
Gilbreath, seconded by COU1-ICi I member Gallagher, the City Council E
unanimously adopted Ordinance No. 2715, in ordinance of the City of Redlands
adding Chapter 8.11 to the Redlands Municipal Code relating to maintenance of
vacant residential properties acquired through foreclosure.
Lease Agreement - Shakespeare Theater Festival - On motion of
COLITICIlmember Gilbreath, seconded by Councili-nernber Gallagher, the City
Council unanimously approved a lease agreement with the Shakespeare Theater
Festival for the use of the Redlands Bowl and authorized the Mayor to execute,
and the City Clerk to attest to, the document on behalf of the City.
Local Emergency Reports - On motion of Councilmember Gilbreath, seconded
by Councilmernber Gallagher, the City Council acknowledged receipt of the
reports regarding the status of the declared local emergencies at the Safety Hall
(Resolution Nos. 6778 and 6803).
March 3,2009
039
Agreement - Downtown Camera Project - On motion of Councilmember
Gilbreath, seconded by Councifiriember Gallagher, the City Council
unanimously approved a real property license agreement with the Jackson
Revocable Trust for the placement of two cameras on the buildings located at
127 and 129 East State Street in support of the Downtown Camera Project and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
COM MIJNICATIONS
Meeting Attendance - In compliance with Goverrinient Code Sections 53232.2
and 53232.3, there were no reports forthcoming from Co uric 1 Im embers.
ANNOUNCEMENTS/REPORTS
Mayor Pro Tem Gilbreath reported she had just returned from Washington, D.C.
for SANBAG. The Healthy Redlands Initiative started on Sunday with
151 walkers/exercisers participating. She also attended a Drama Club
presentation at Clement Middle School on Saturday. Counclimember Aguilar
reported on a recent ride-along with the Police Department.
I.JNFINISHED BUSINESS
Conservation Easement - Redlands Conservancy - Quality of Life Director
van Dorst reported this item was initially brought to the City Council for
consideration on February 17, 2009, and Continued with a request to address
several questions by Bob Roberts; responses were provided in the staffreport.
Sherli Leonard, Executive Director of the Redlands Conservancy, presented a
PowerPoint explaining what the Redlands Conservancy has done and plans on
doing in San Tiniotco Canyon. Bob Roberts felt the staff answers were
inadequate and submitted further information having a bearing on this issue. On
behalf of the West Redlands Water Company, who is supplying the water for the
wetlands, Bill Cunningham commented on the conservation casement.
Following discussion, Councili-nerriber Harrison moved that the City Council
determine that its grant of a conservation casement to the Redlands Conservancy
for the preservation of 19.86 acres of land for in perpetuity is exempt from
review Linder the California Environmental Quality Act Pursuant to CEQA
Guidelines Section 15061(b), to approve such grant and authorized the Mayor to
e,xQcute, and the City Clerk to attest to, the document on behalf of the City,
subsequent to modifications relative to clarification on maintenance and
underground easements which will be added by the City Attorney and approved
by the grantee. Motion seconded by Councilmernber Aguilar and carried
unanimously. Mayor Pro Tern Gilbreath challenged the Redlands Conservancy
to expand its scope of work on trails on the north side of Redlands.
Arts In Public Places Program Mayor Harrison said he placed this matter on
the agenda to discuss the possible establishment of a program for promoting
public art within the City. In the past, the City Council has generally discussed
the possibility of creating a program which requires developers to contribute art
to the City as a requirement of their development projects. However, the City
Council's past discussions have not resulted in any consensus on the details of
such a program. instead of a program which requires development projects to
place, or fund, public art within the City, Mayor Harrison suggested the City
Council consider the establishment of a "voluntary" program. The concept of
establishing a program which seeks voluntary contributions of art from members
of the public has been a recent topic of discussion by the Cultural Arts
Commission. Torru Olson, Chairman of the Cultural Arts Commission,
provided the I
provi Le City Council with their thoughts on how Such a program could be
developed and the role that they anticipate it can play in implementing that
program. Dora Waters stated she was looking forward to a revised ordinance
and provided written comments for consideration. When he was President of
March 3, 2009
040
the Redlands Chamber of Commerce and Vice Chairman of the Planning
Commission, Paul Foster was opposed to the proposed ordinance requiring
developers to contribute art as a requirement of their projects, but as a individual
lie spoke in favor of a voluntary program. David Lawrence, advisor to the
Cultural Arts Commission, felt the Commission needed some interaction before
collecting money. Police Chief BUcerniann, whose department provides staff
assistance to the Cultural Arts Commission, indicated they would bring a
proposal for a voluntary program to the City Council for its consideration by the
end of April.
NEW BUSINESS
Audit[ - Finance Director/City Treasurer Kunofig reported State statutes require
an annual audit by independent certified public accountants. The accounting
firm of Mayer Hoffman McCann P.C. was selected by the City to perform these
services for the City. The audit was also designed to meet the requirements of
the Federal Single Audit Act of 1984 and related OMB Circular A-133, as well
as the requirements of Statement on Auditing Standards 112 (SAS 112) and
Statement on Auditing Standards 114 (SAS 114). The requirements of GASB
Statement No. 34 have been incorporated into the City's annual financial report
for June 30, 2008. Mike Harrison, Mayer I-loffinan McCann P.C., reviewed the
audit for the City and the Redevelopment Agency. Councilinernber Gilbreath
moved to accept the City of'Redlands Comprehensive Annual Financial Report.,
the Single Audit Report on Federal Awards, the Independent Accountant's
Report on Agreed-Upon Procedures Applied to Appropriation Limit
Worksheets, the Summary of Audit Results (SAS 114) and the Management
Letter (SAS 112) for the year ended June 30, 2008. Motion seconded by
Conlicilmernber Gallagher and carried unanimously.
Community Development Projects - Community Development Director Orci
reported the Planning Division contains nine full time employees including four
project planners. The Division is charged with the physical development of the
City which is accomplished by processing current and long range projects. The
majority of staff time is Spent Oil Current project activity (construction projects).
The Planning Division is the clearinghouse for the City, coordinating projects
with the applicant and other departments, as well as processing projects through
the entitlement process. The entitlement process requires that staff prepare
agendas and/or reports and related paperwork to the City Council, Planning
Commission, Environmental Review Committee, Development Review
Committee, and Historic Preservation Commission. Long range planning
activities involve special studies and projects that establish the doctrines for the
City's future development. The General Plan, specific plans, trail plans, and
drought tolerant landscape requirements are examples of long range planning
projects. In 1990, the Planning Division had 10 project planners (not including
management staff); today that number has been reduced to 6 project planners.
However, two planning positions remain vacant for a total of four project
planners (60 percent reduction in project planners). In January 2008, the Blue
Ribbon committee recommended (No. 7 priority ranking) four additional
planners be added in order to provide superior service. The City did not Support
the recommendation. For the Fiscal Year 2008-2009, the Planning Division
reduced its budget by 14.4 percent from the previous fiscal year. As indicated
above, a full time Associate Planner position was left vacant and the Senior
Planner position remained unfunded and vacant. Due to the limited amount of
staff time, Coupled with the increased demand for long-range/special planning
projects, staff is requesting that the Council review and prioritize the Planning
Department work program, specially related to the longi range/special planning
projects. Community Development Director Orci presented a list of required
projects, active projects and pending Projects for the City Council's review and
asked that they prioritize the items. Following lengthy discussion, and based on
the input received at this meeting, Community Development Director Orcl said
he Would bring forward a list of priorities in a tiered formal based on the
March 3, 2009
041
philosophical priorities which would Include the required projects (AB 32 joint
partnership with the City of San Bernardino, preparation of a proposed drought
tolerant landscape ordinance and the General Plan and Housing Element
update); within Tier 1: the Downtown Specific Plan, Santa Ana Wash
Management Plan, architectural guidelines, GIS/communication interne
connection for the C01111111.1nity Development Department, a pro-rata share for
Safety Hall and the Orange Blossom Trail if grant funds become available; and
within Tier 2: SANBAG rail stations project and TODs, Showprop/Krikorian
Project, the Orange Blossom Trail if grant funds are not received and the Santa
01 In
Ana River Regional Trail.
Contract Award Reservoir Recoating and Improvement Project - Water
Resources Manager Diggs reported a comprehensive Visual inspection of all
City-owned reservoirs was performed in 2003. At the conclusion of the
,,g inspection, the South Avenue reservoir, which has a capacity of two million
gallons, was given a priority of"high" and the Smiley Heights reservoir, which
has a capacity of three million gallons, was given a priority of "moderate to
high" for corrective measures. This determination was based on the overall
condition of the reservoirs and signs of deterioration for coatings. Bids were
opened and publicly declared on February 26, 2009, by the City Clerk for the
Reservoir Recoating and Improvement Project; a bid opening report is on file III
the Office of the City Clerk. It was the recommendation of the Municipal
Utilities Department that the bidder submitting the lowest responsive and
responsible bid for said project which will result In the lowest cost for the City
was Olympus & Associates in the amount of $1,063,020.00. Councilmember
Gilbreath moved to approve the plans and specifications for this project and to
award the construction contract as recommended by staff including staff's
recommended contingency amount. Motion seconded by Councilrnernber
Gallagher and carried unanimously.
Monthly Utility Billin-,, - Water Resources Manager Diggs reported the City has
approximately 21,800 active water meters in its service area that are manually
read six times per year using handheld computer equipment. Bills are produced
bi-monthly for water, wastewater, solid waste, street cleaning and household
hazardous waste disposal for approximately 23,000 accounts. Bi-monthly billing
is less costly, from the billing and payment processing perspective, but results in
larger bill for customers. In an effort to improve customer service, City Council
requested staff evaluate the ability and costs associated with implementing
monthly utility billing and present their findings. Both municipal and investor
owned water, wastewater and solid waste providers in California undertake
many different approaches to billing such as monthly, bi-monthly, sen-11-
annually or even billing annually. As such, there is no "Industry standard"
relative to this issue. However, monthly and bi-monthly utility billing practices
are generally equally practiced and the most predominant method of billing.
Because of California's sensitivity to drought and limited water supply, the state
has enacted requirements to emphasize water conservation and reduced water
consumption. As Such, several local jurisdictions are evaluating their billing
practices.
First Option: The first option to creating a monthly billing cycle is to have
meter readers read Customer meters every month and bill customers based
on the monthly reads. This is a common practice and would require
additional meter readers, office staff, and additional ftinding for postage and
billing supplies. This approach is beneficial to customers because it requires
them to pay smaller utility bills and provides for more timely information as
to water usage. However, because of the increased resources needed to
provide this service, Customers Would be required to fund this additional
service at approximately $1.75 per month per customer in addition to one
time costs of approximately$90,000.00.
Second Option: A second option to create monthly billings is similar to the
first, meters would be read every month, but reads would be collected using
automated meter readers (AMR). This option would require the installation
March 3. 2009
042
of new meters throughout the system, with the potential exception of some
new installations if the selected technology was compatible with existing
new meters. Reading devices would also be necessary. Available
technologies allow meters to be read by mobile device which is fitted to a
vehicle or from stations placed throughout the City. In addition to monthly
billing, this option provides soft benefits including the ability to determine
daily sales and customer leak detection. AMR technologies also allow for
different water conservation billing techniques to better monitor customer
use patterns and bill accordingly. Although much research and negotiations
with AMR vendors Would be necessary to provide an accurate estimate of
the cost of this option, staff estimates the cost of this option to be
approximately $37.00 per month, based on a ten-year life cycle.
Implementation of ail AMR project would need to be phased over a 2-5 year
tiniefi-arne. This is because there are, as mentioned above, 21,500 meters
Which would likely need replacement. Additionally, phasing the project will
prevent large amounts of the AMR devices needing replacement at the same
time when factory installed batteries die.
Third Option: The last option identified to accomplish a conversion of utility
billing from a bi-monthly to a monthly platform can be accomplished with
the existing Customer information system (CIS). This approach involves
estimating a monthly bill for the month the meter is not read. This
estimation would be calculated by dividing in half a customer's last bill and
using this calculation for the next estimated monthly bill. By doing so the
customer's bill would still fluctuate but only half the value Of the Customer's
last bill. In order to minimize additional costs, this program would only be
available to Customers paying electronically and the Customer's next
payment date and amount would be reflected on the bi-monthly bill. By
doing so, the cost of generating additional bills and postage would be
eliminated. Also, because this billing program would be voluntary and
prepayments are currently acceptable, there would be no need to alter the
Municipal Code. Because this option involves little to no ongoing expenses
and because electronic payment processing is less costly then processing
checks, staff sees this option as having no monthly cost. Staff estimates the
one time cost associated with the additional CIS programming and staff time
to be approximately$30,000.00.
Following discussion, COUnCilinember Gilbreath moved to direct staff to
implement a monthly utility billing option to its customers using an estimated
prepayment method as described in the third option. Motion seconded by
Counclimember Gallagher and carried with Councilmernber Bean voting NO as
lie was uncomfortable with the cost to start up this process.
AB-81 I - Contractual Assessments - Quality of Life Director van Dorst reported
AB 811 authorized cities and counties in California to set up assessment
districts for clean energy financing. It allows cities and counties to designate
areas within which willing property owners can enter into Contractual
assessments to finance the installation of distributed renewable generation,
Under this arrangement, property owners may finance renewable generation and
energy efficiency projects through low interest loans that Would be repaid as ail
item on the property owner's property tax bill. Last year, the City of Berkeley
and City of Palm Desert authorized citywide voluntary assessilient districts to
pay for solar installations. Residents and local businesses borrow the money
from a bond or loan fund and then repay the loan through a property tax
assessment. This mechanism provides homeowners and businesses the means
of financing the initial high cost of a solar installation by repayrnent of the loan
over time from the energy savings. The City of Berkeley launched a $1.5
million pilot program with property owners applying for the available monies in
just nine minutes from advent of the offering. Oil behalf of Southern California
Edison, Jim [lodge reviewed the program. Following discussion,
COU IlCi Im ember Gallagher moved to direct City staff to explore the feasibility oi'
establishing an AB 811 Assessment District for Redlands' residents and
businesses to finance energy renewable generation and energy efficiency
March 3, 2009
043
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projects such as solar installation. Motion seconded by Councilmcmber
Harrison and carried unanimously. Mayor Pro Tem Gilbreath suggested
contacting the I-Bank for low-interest loans as a source of capital.
i
{
PUBLIC" COMMENTS 3
Plant Grass Code - Ken Patchett complained that there is a "plant grass code"
which uses much more water to maintain. He was referred to staff, for further
information and possible clarification of our landscaping requirements.
McEwen Furniture Store - Dr. Art Anderson informed Councilmembers that as
a result of his letter to the Redlands Daily Facts to save the McEwen Furniture
if f
Store building, he received an unsolicited threatening phone call. He reported
<r
� the phone call to the Redlands Police Dcpartnzent but feels he is being
"stonewalled" as employees have not told him what would be done. Therefore,
he has taken his complaint to the District Attorney. He also asked why the City
Council meeting scheduled for March 17, 2009, at which time the Walgreen's
appeal was scheduled to be heard, would not be held. Mayor Harrison said there
would not be a quorum available as a majority of the Councilmembers would be
in Washington, D.C. on that date.
CLOSED SESSION
The City Council meeting recessed at 5:34 P.M. to a closed session to discuss
the following:
L Conference with real property negotiator- Government Code §54956.8
Property: APN 0168-161-07 and 08
Agency negotiators: N. Enrique Martinez and Oscar Orci
Negotiating party: Philip Sousa, Holy Name of Jesus Church
Under negotiation: Terms and price of possible sale of City
property
2. Conference with real property negotiator- Government Code §54956.8
Property: APN 0292-044-08 and 09
Agency negotiators: N. Enrique Martinez and Quality of Life Director
van Dorst
Negotiating party: Bradeo Environmental
Under negotiation: Terms and price of possible sale of City property
3. Conference with legal counsel: Existing litigation - Government Code
§54956.7(a)
a. Nancy Ochs v. City of Redlands, et al - San Bernardino Court Case No.
SCVSS 14651
4. Conference with labor negotiator- Government Code §54957.6
Agency Negotiators: N. Enrique Martinez, Debbie Scott-Leistra and
Steve Filarsky
Employee Organizations: Redlands Association of Management
4TH Employees, Redlands Association of Mid-Management Employees, General
Employees Association of Redlands (SBPEA), Redlands Civilian Safety
Employees Association (SBPEA), Redlands Police Officers Association,
Redlands Professional Firefighters Association, Redlands Association of
Safety Management Employees and Redlands Association of Fire
Management Employees
5. Conference with Labor Negotiators - Government Code §54957.6
a. Unrepresented employee: City Manager
i March 3, 2009
3
044
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ADJOURNMENT
No report was expected following the closed session, and the City Council
meeting adjourned. The next regular meeting scheduled to be held on
March 17, 2009, will not be held. The next regular meeting will be held on
Apr]17, 2009.
A
ayor of the bty of Redlands
Attest:
City Icrk
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March 3, 2009