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MINUTES of a regular meeting of the City Council of the City of Redlands held on
November 17, 2009, at 3:00 P.M. This was a teleconference meeting held at the
following locations:
1. Council Chambers, Civic Center, 35 Cajon Street, Suite 2, Redlands,
California, and
2. Conference Room Andros A, The Mirage Resort, 3400 South Las Vegas
Boulevard, Las Vegas,Nevada.
All votes during this teleconferencing meeting were conducted by roll call vote.
PRESENT Jon Harrison,Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
Jerry Bean, Councilmember
ABSFNT None
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Lorrie
Poyzer, City Clerk; Carl Baker, Public Information Officer; Tom Fitzmaurice,
Police Commander; David Hexem, Chief Information Officer; Daniel Hobbs,
Redevelopment Agency Director; Rosemary Hoerning, Municipal Utilities and
Engineering Director; Tina Kundig, Finance Director/City Treasurer; Scott
MacDonald, Fire Battalion 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
Redlands Animal Shelter - Animal Control Officer Bill Miller and Redlands
Animal Shelter volunteer Lynda Ackerman introduced Autumn, a one-year old
female Vizsla-mix, who is available for adoption at the Redlands Animal
Shelter.
Cut-Stone Curb Project - Robert Daws, Redlands Conservancy, presented a
status report regarding the Cut-Stone Curb Project which has started this week.
Santa Ana River Traits AliMent PMieej - This will be re-scheduled on a
future agenda.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously approved
unanimously by roll call vote the minutes of the regular meeting of November 3,
2009, as submitted.
Ordinance No. 2723 - City Clerk Duties - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously adopted, by roll call vote, Ordinance No. 2723, an ordinance of the
City of Redlands amending Chapter 2.06 of the Redlands Municipal Code
relating to the duties of the elective office of the City Clerk.
Appointment - Traffic and Parking Commission- On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously appointed, by roll call vote, Paul Letson to serve the remainder of
the four-year term on the Traffic and Parking Commission ending December 12,
2012, as recommended by Mayor Harrison.
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158
Resolution No. 6902 - Authority of City Treasurer - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously adopted, by roll call vote, Resolution No. 6902, a
resolution of the City Council of the City of Redlands confirming the authority
of the City Treasurer, pursuant to Government Code Section 53607, and
delegating the duties of investing or reinvesting funds of the City or to sell or
exchange securities so purchased.
Resolution No. 6903 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted,
by roll call vote, Resolution No. 6903, a resolution of the City Council of the
City of Redlands establishing the following traffic regulations pursuant to
Title 10 of the Redlands Municipal Code: establish a two-hour time limit
parking zone on New Jersey Street, north of Redlands Boulevard.
Resolution No. 6904 - Traffic - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously adopted,
by roll call vote, Resolution No. 6904, a resolution of the City Council of the
City of Redlands establishing the following traffic regulations pursuant to
Title 10 of the Redlands Municipal Code: establish a two-hour time limit
parking zone along the frontage of 453 Cajon Street.
Proclamation - Arbor D - On motion of Councilmember Gilbreath, seconded
by Councilmember Gallagher, the City Council unanimously authorized
issuance of a proclamation for the celebration of National Arbor Day in the City
of Redlands.
Purchase and Sale AgLeement - Cancellation - Granite Homes - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved cancellation, by roll call vote, of the purchase
and sale agreement and escrow instructions between the City of Redlands and
GH Redlands, LLC (Granite Homes) for the sale of City property for Tract
No. 16586.
Refund of Park Reservation Fees - SCVNGR, Inc. - SCVNGR, Inc.'s request to
refund fees associated with their fund raising event scheduled to occur on
November 14, 2009 was unanimously continued by roll call vote to December 1,
2009, on motion of Councilmember Harrison, seconded by Councilmember
Gilbreath.
Resolution No. 6906 - California Ener Commission A
Mlication - Quality of
Life Director van Dorst reviewed the proposed application with the City of San
Bernardino to the California Energy Commission for the State Energy Program
Municipal Financing District Program Opportunity for an amount of$2 million
with no matching requirement. Councilmember Harrison moved to adopt
Resolution No. 6906, a resolution of the City Council of the City of Redlands
authorizing the submission of a joint application with the City of San
Bernardino to the California Energy Commission for the State Energy Program
Municipal Financing District Program Opportunity for an amount of$2 million
with no matching requirement. Motion seconded by Councilmember Gilbreath
and carried unanimously by roll call vote.
Resolution No. 6907 - Energy Leader Partnership Agreement - Quality of Life,
Director van Dorst reviewed the list of projects proposed under the Energy
Leadership Partnership Agreement with Southern California Edison.
Councilmember Harrison moved to adopt Resolution No. 6907, a resolution of
the City Council of the City of Redlands authorizing the execution of an Energy
Leadership Partnership Agreement with Southern California Edison,to renew an
"Energy Leader Partnership" for Program Cycle 2010-2012. Motion seconded
by Councilmember Gilbreath and carried unanimously by roll call vote.
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159
Lease Agreement - Policiniz Station - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously
approved, by roll call vote, a lease agreement with Orange Center LLC for the
use of the North Orange Street Policing Station and authorized the Mayor to
execute, and the City Clerk to attest to,the document on behalf of the City.
Funds - Citizens' Option for Public Safe - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved, by roll call vote, the use of the 2009-2010 Citizens'
Option for Public Safety funds and authorized an additional appropriation in the
amount of$110,991.00 to be expended as follows:
Applied Technology Specialist $27,648.00
Video Camera Monitor Operators 64,207.00
Specialized Training 19,136.00
Total $110,991.00
Funds - U. S. Department of Justice - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, by roll call vote, the City Council
unanimously approved the grant award from the U. S. Department of Justice
Community Oriented Policing Services and authorized an additional
appropriation of$161,999.00 to the Police Department for use of video camera
technology to thwart on-campus crime at four school campuses.
Funds - City Wide Art Inventory - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, by roll call vote, the City Council
unanimously authorized the Cultural Arts Commission to fund a City-wide art
inventory project, develop a promotional brochure for the arts and to expend the
donated funds for this project not to exceed$10,000.00.
Agreements - "Cilyworks" Permitting and Server MMS - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved, by roll call vote, a software license agreement
and the update and support agreement with Azteca Systems, Incorporated, for
the training and implementation support for the "Cityworks" Permitting and
Server MMS in the amount of$68,500.00 and authorized the Mayor to execute,
and the City Clerk to attest to,the documents on behalf of the City.
NEW BUSINESS
Salaries and Bills - Due to a potential conflict of interest, Councilmember Bean
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. Councilmember Gilbreath moved to approve payment of salaries
and bills. Motion seconded by Councilmember Gallagher and carried by AYE
votes of all present through a roll call vote with Councilmember Bean having
abstained.
Donation - Friends of Prospect Park- On behalf of the Friends of Prospect Park,
Kristen Saukel presented a check in the amount of $50,000.00 to Mayor
Harrison, who then handed the check to Police Commander Tom Fitzmaurice
who turned the check over to Finance Director/City Treasurer Kundig.
Councilmember Gilbreath happily moved to accept the $50,000.00 donation to
the Police Department's Prospect Park Surveillance Camera Project from the
Friends of Prospect Park. Motion seconded by Councilmember Gallagher and
carried unanimously by roll call vote.
Appointments - Planning Commission - Mayor Harrison moved to reappoint
Paul Foster and Eric Shamp and to appoint Jan Hudson and Conrad Guzkowski
to serve four-year terms on the Planning Commission ending January 6, 2014.
Motion seconded by Councilmember Gilbreath and carried unanimously by roll
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call vote. Councilmembers thanked Ruth Cook and James Macdonald (who
were "termed out") for their many years of service on the Planning Commission.
Five-Year Water Main Capital Im, roygment Proam - Water Resources
Manager Diggs and Phil Mfele from the IT Department presented information
regarding the Five-Year Water Main Capital Improvement Program which is
also available on the City's website.
Ordinance No. 2724 - Water Efficient Landscgpe Requirements- Woody Hynes,
Water Conservation Coordinator, reviewed Ordinance No. 2724, an ordinance
of the City of Redlands amending Chapter 15.54 of the Redlands Municipal
Code to establish water efficient landscape requirements. Ordinance No. 2724
was read by title only by City Clerk Poyzer, and on motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, her reading of the
ordinance text was unanimously waived by roll call vote, and Ordinance
No. 2724 was introduced and laid over under the rules with adoption scheduled
for December 1, 2009.
Ordinance No. 2725 - Pg3ment of Claims and Warrants - Finance Director/City
Treasurer Kundig reviewed Ordinance No. 2725, an ordinance of the City of
Redlands amending Chapter 3.08 of the Redlands Municipal Code relating to
the payment of claims and warrants. Ordinance No. 2725 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 by roll call vote, and Ordinance No. 2725 was introduced
and laid over under the rules with adoption scheduled for December 1, 2009.
Statement of Investment E21ky- Karin Grance, Revenue Manager, reviewed the
proposed amendments to the Statement of Investment Policy. Councilmember
Gilbreath moved to approve the Statement of Investment Policy as amended and
recommended by the City Treasurer. Motion seconded by Councilmember
Gallagher and carried unanimously by roll call vote.
RMrt on Effects of Initiative Ordinance - Mayor Harrison noted that
Section 9212 of the California Elections Code authorized the City Council to
call for the preparation of a report on the effects of a proposed initiative
ordinance. He asked the City Council to consider requesting the preparation of
such a report analyzing the economic/redevelopment impacts of the initiative
ordinance proposing to prohibit "Mega-Retail Development" in the City. He
recommended retaining John Yonai of Tierra West Advisors who is presently
providing the City and Redevelopment Agency with professional consulting
services relating to the City economics, financial impacts and redevelopment.
Tax increment funds may be properly used to pay the costs of this report.
Speaking from the audience were Bill Cunningham on behalf of The Redlands
Association, John Husing, Larry Pyle representing the Chamber of Commerce,
Phill Courtney representing the Redlands Good Neighbor Coalition, Kyle
Renteria, Pat Cabral, Phil Wizer, Frank Garcia, Steve Rogers, Mario Saucedo
representing the North Redlands Visioning Committee, and John Yonai. A
letter was received from Dorene Isenberg relating to this matter.
Councilmember Gallagher moved to engage the services of John Yonai of
Tierra West Advisors to prepare a report on the "Mega-Retail Development"
initiative ordinance for a cost not to exceed $20,000.00. Motion seconded by
Councilmember Harrison and carried by roll call vote with Councilmember
Gilbreath voting NO as she did not want to expend the funds.
Downtown Redlands Flood Mitigation Management - Municipal Utilities and
Engineering Director Hoerning reported Congressman Jerry Lewis's Office is
accepting funding requests from local agencies within his district area for
consideration for possible inclusion in the 2010 Water Resource Development
Act. The City of Redlands' Mill Creek tributary directs significant storm water
to and through the downtown residential and business district. Historic flood
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161
records demonstrate that Redlands experiences significant flooding even during
moderate storm events. This flooding impacts schools, public services,
residents and businesses and is a deterrent to economic development.
Councilmember Gilbreath moved to authorize staff to request downtown
Redlands flood mitigation funding under the 2010 Water Resources
Development Act through Congressman Lewis's office. Motion seconded by
Councilmember Gallagher and carried unanimously by roll call vote.
Purchase and Sales Agreement - Projjy One, LLC - Due to a potential conflict
of interest, Councilmember Harrison 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. Mayor Pro Tern Gilbreath
conducted this portion of this meeting. Municipal Utilities and Engineering
Director Hoerning explained the recommendation to sell surplus City property
located west of Texas Street and north of State Street. Councilmember
Gallagher moved to approve a purchase and sales agreement to sell surplus City
property located west of Texas Street and north of State Street(Assessor's Parcel
No. 0171-171-07) to Property One, LLC in the amount of$35,870.00. Motion
seconded by Councilmember Bean and carried by AYE votes of all present
through a roll call vote with Councilmember Harrison having abstained.
ANNOUNCEMENTS/REPORTS
Mayor Pro Tern Gilbreath announced Healthy Redlands will participate at the
Community Center's Christmas party on December 19, 2009; she also reported
on her attendance at the Sister Cities Committee, North Redlands Visioning
Committee, SANBAG and SLAG meetings. Councilmember Gallagher
reported Omnitrans did not hold a meeting this month. Mayor Harrison reported
he attended the kick off for the Green Community Challenge, a National League
of Cities meeting, and the Interagency Commission on Homeless meeting.
SCAG is working on a grant relating the transfer of development rights.
PUBLIC COMMENTS
Fee Waivers - Dr. Anderson again addressed the policy of fee waivers. Mayor
Harrison informed him staff was developing a process to review these requests.
CLOSED SESSION
The City Council meeting recessed at 4:49 P.M. to a closed session to discuss
the following:
L Conference with labor negotiator-Government Code §54957.6
Agency Negotiator: Steve Filarsky
Employee Organizations: Redlands Association of Management
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
2. Conference with real property negotiator- Government Code §54956.8
Property: APN 0292-155-06
(Redlands Business Spectrum Center)
Agency negotiators: N. Enrique Martinez and Oscar Orci
Negotiating party: John van der Velde
Under negotiation: Terms and price for City's lease of property
3. Conference with real property negotiator- Government Code §54956.8
Property: APN 872-36-12H
Agency negotiators: N. Enrique Martinez and Oscar Orci
Negotiating party: Oasis Church
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Under negotiation: Terms and price for City's lease of property to Oasis
Church
4. Conference with real property negotiator- Government Code §54956.8
Property: APN 01' 1-021-05
Agency negotiators: N. Enrique Martinez and Rosemary Hoeming
Negotiating party: American Legion Post 106
Under negotiation: Terms and price for City purchase of easement
5. Conference with legal counsel: Existing Litigation - Government Code
§54956.9(a) and possible initiation of litigation pursuant to Government
Code §54956.9(c)
a. Cowan v University of Redlands, et al. – San Bernardino Court Case
No. CIVSS808948
The meeting reconvened at 6:02 P.M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tem
Mick Gallagher, Councilmember
Jerry Bean, Councilmember
ABSENT Pete Aguilar, Councilmember
STAFF N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Corrie
Poyzer, City Clerk; Carl Baker, Public Information Officer; Tom Fitzmaurice,
Police Commander; David Hexem, Chief Information Officer; Rosemary
Hoerning, Municipal Utilities and Engineering Director; Oscar W. Orci,
Community Development Director; Gary van forst, Quality of Life Director
CLOSED SESSION REPORT
City Attorney McHugh announced there was no reportable action taken during
the closed session.
NEW BUSINESS
Stuart Avenue Storm Drain Initirovements - Following a brief presentation by,
Municipal Utilities and Engineering Director Hoeming, Councilmember
Gilbreath moved to authorize the purchase of an easement (Assessor's Parcel
No. 0171-021-05) for the Stuart Avenue storm drain improvements from
Redlands Post 106 the American Legion Department of California, Motion
seconded by Councilmember Gallagher and carried by AYE votes of all present,
PUBLIC COMMENTS
None forthcoming.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
6:03 P.M. The next regular meeting will be held on December 1,2009.
avy—orolf the City of Redlands
ATTEST:
Ci Clerk ofI y of Redlands
November 17,2009