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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 December L.2-009., at
3-00 I .M.
PRESENT Jon Harrison, Mayor
Pat Gilbreath, Mayor Pro Tern
Mick Gallagher, Comicilmember
Pete Aguilar, Councilmember
Jerry Bean, Councilmember
ABSENT None
ST_, AF F N, E ,gnrique Martinez, City Manager- Daniel J. McHugh, City Attorney- Lo Al
Foy City Clerk-, Carl Baker, Public Info anion Offiicer� Jim Bueermann,
Police Chief, David flexem, 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. Orei, 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,
PRESEN,rATIONS
Redlands Animal Shelter - Animal Control Officer Bill Miller and Redlands
Animal Shelter volunteer Lynda Ace an introduced Bentley, a two-year old
West Highland terrier-mix who is available for adoption at the Redlands Animal
Shelter.
REORGANIZATION OF crry COLTNCIL
Random
..___DEkytnS - City Clerk Poyzer randomly drew names of the members of
the City Council from a bowl to determine the roll call vote order if it was
necessary during the elections for Mayor and Mayor Pro Tempore.
Election of.-M.4yqr - City Clerk Poyzer called for nominations for the office of
Mayor for a one-year term. Councilmember Gallagher nominated Pat Gilbreath.
Councilmember Aguilar nominated Jon Harrison. Pat Gilbreath was elected to
the office of Mayor for a term,of one year by the following roll call vote;
Councilmember Gilbreath- Counciltnernbers Gilbreath, Gallagher and Bean
Counciltnember Harrison- Councilmembers Harrison and Aguilar
Election of Ma ejuppr - City Clerk Poyzer called for nominations for
\101
the office of Mayor Pro Tempore for a one year term, Councilmember Gilbreath
moved to nominate Jerry Bean, Councilmernber Harrison moved to nominate
Pete Aguilar. Jerry Bean was elected to the office of Mayor Pro Tempore for a
term of one year by the following roll call vote:
Councilmernber Bean- Councilmembers Gallagher, Gilbreath and Bean
Council ember Aguilar'. Councilmenibers Aguilar and Harrison
Following comments from each Councilmember, the City Council recessed at
3:10 P.M. and reconvened at 3:12 R M_
December 1, 2009
CONSENTCNLENDAR
Minutes - On motion of Councilmember Bean, seconded by Councilmember
Gallagher, the City Council unanimously approved the minutes of the regular
meeting of November 17, 2009, as submitted.
Ordinance No. 2725 - Payment of Claims and Warrants - On motion of
Councilinernber Bean, seconded by Councilmember Gallagher, the City Council
unanimously adopted Ordinance No, 2725, an ordinance of the City of Redlands
amending Chapter 3.08 of the Redlands Municipal Code relating to the payment
of the claims and warrants,
Resolution No. 6910 - flLtcycIe Trkit
Tgrtation &pomit Grant - Cin motion of
Councilmember Bean, seconded by Councilmember Gallagher, the City Council
unanimously adopted Resolution No. 6910, a resolution of the City Council of
the City of Redlands establishing, a coninuitinent for a required cash, match in
connection with the City's Bicycle Transportation Account grant application.
,Spei;dCpu el to t - On in tion of CouncilmemberqsL— 0 -pi �gqt
Bean, seconded by Councilmember Gallaher, the City Council unanimously
approved the special counsel services agreement urith Bingham McCutchen LLP
associated with the Gussing Gassification *reject and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
Proclamation - Native American Heritage Day - On motion of Councilmember
Bean, seconded by Councilmember Gallagher, the City Council unanimously
authorized issuance of a proclamation declaring Friday, November 27, 2009,
and each Friday following Thanksgiving as Notive American Heritage I)qy,
Ordinance No, 2724 - Water Efficient Lan&4e R (girerngents - On motion of
Councilmember Bean, seconded by Council membef Gallagher, the City Council
unanimously adopted Ordinance No. 2724, an ordinance of the City of Redlands
adding Chapter 15.54 to the Redlands Municipal Code to establish water
efficient landscape requirements.
Fee Waiver - YMCA - On motion of Councitmember Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved the YMCA
of Redlands' request to waive the barricadelsign rental fees for the YMCA's 43rd
Annual Holiday Home Tour scheduled to take place on Sunday, December 6,
2009,
Amendment - Rental-AgregmenL, - B Dance - On motion of
Councilmember Bean, seconded by Councilmember Gallagher, the City Council
unanimously approved an amendment to the rental agreement with
B & B Square Dance for the use of the City's multi-purpose room and kitchen at
the City's Community Center located at III West Lugoma Avenue and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
Amendment - Rental AV,-eement - Sunkissed - On motion of
Councilmember Bean, seconded by Councilmember Gallagher, the City Council
unanimously approved an amendment to the rental agreement with Sunkissed
Squares for the use of the City's mufti-purpose room and kitchen at the City's
Community Center located at III West Lugonia Avenue and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf of the
City,
December 1, 2009
--Service Ass
5Q(ziguori - On motion of
Councilmernber Bean, seconded by Councilineniber Gallagher, the City Council
unanimously approve a rental agreement with the Family Service Association of
Western Riverside County to continue to rent the kitchen, kitchen storage area,
and rear office at the Redlands Senior Center located at 111 West Lugonia
Avenue to provide senior citizens, 60 years of age and older, a hot lunch
Monday through Friday in the multi-purpose room in the Community Senior
Center and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
Amendment - Redlands Senior 'ista - On motion of
Councilmember Bean, seconded by Councilmernber Gallagher, the City Council
unanimously approved an amendment to the development incentive agreement
and covenant with Redlands Senior Housing, Inc. for the refinancing of the Casa
de la Vista multifamily, low-income, senior housing project and authorized the
Mayor to execute, and the City Clerk to attest to, the document on behalf of the
City,
PI.,—AN-NINQ AND COMMUNITY DEVELOPMENT
Residential _I)eyglopir eat A1r inA1s rth--QL gr - Project Manager
Manuel Baez A reviewed the following application for residential development
allocations for the fourth quarter of 2009 as recommended by the Planning
Commission, the Historic and Scenic Preservation Commission, the Housing
Commission, City departments and the Redlands Unified School District:
I. RDA 2009-IV-01 - Housing Authority of the County of San Bernardino,
Applicant - Conditional Use permit No, 955 and Tentative Tract No. 18762,
an approved 39-unit single-family and 189-unit multi-,family planned
residential development on a 19.23 acre site located at the northeast comet,
of Lugonia Avenue and Orange Street in Specific Plan No. 61.
Councilmember Harrison asked staff to review the criteria process for future
allocations. Councilinember Bean moved to award the recommended 121 points
to the project and approve the allocation of 228 units to RDA 2009-TV-01,
Housing Authority of the County of San Bernardino. Motion seconded by
Councilmember Gallagher and carried unanimously,
Resolution No. 6911 - Architectural Guidelines - Paul Foster, Chairman of the
Planning Commission, presented the non-residential architectural guidelines for
the City Council's consideration as recommended by the Planning Commission
on November 10, 2009. These guidelines incorporate comments from the
Planning Commission and City Council joint, meeting as well as the additional
Planning Commission comments. 1.47 established, the guidelines would be
advisory only for non-residential development, and would apply to those areas
located outside of the City's downtown area. It will be the responsibility of stall'
to provide this information to developers. Councilmembers complimented the
Planning Commission for the development of these guidelines. Councilmeniber
Bean moved to adopt Resolution No. 6911, a resolution of the City Council of
the City of Redlands establishing architectural guidelines for non-residential
development located outside of the City's downtown area. Motion seconded by
Councilmember Gallagher and carried unanitnously'.
XEWU%NESS
Initiative Petition - 'rhe Good Neigh Coalition - City Clerk Poyzer reported
representatives of The Good Neighbor Coalition filed an initiative petition
entitled An Initiative Ordinivice of the People (?f Redlan& AtIding- ("Wrpler
18.275 to the Redlttnds 11unicipal 0-xie- to 1rohibit the ./,)prom (?f "A4ega-
Retail Development on October 14, 2009. Said petition requested the initiative
December 1, 2009
167
ordinance be submitted to the City Council of the City of Redlands either for
adoption without change or for the submission to the voters of the City of
Redlands as provided by law. In the event that the City Council does not adopt
the ordinance without change, they requested that the ordinance be submitted
immediately to a vote of the people at a special election if the petition is signed
by not less than 15 percent of the voters of the City of Redlands, or to the voters
at the next regular election if and only if the petition is signed by less than 15
percent, of the voters. The random signature examination of 500 signatures was
completed by the San Bernardino County Registrar of Voters on November 24,
2009, In accordance with Section 9115 of the California Elections Code, the
statistical sampling shows the number of valid signatures is 104,70 percent. If
the statistical sampling showed that the number of valid signatures was within 95
to 1.10 percent of the number of signatures of qualified voters needed to declare
the petition sufficient, the elections official shall, withirm 60 days froth the date
of the filing of the petition, excluding Saturdays, Sundays and holidays, examine
and veriIeach signature filed. Therefore the deadline to determine the
sufficiency of this petition is now January 8, 201 O. On behalf of Dorene Isenberg
of the Redlands Good Neighbor Coalition, Jess Mendez read a statement
regarding the preparation of the consultant report on the impact of the proposed
initiative,
Funds - Contract awl callitt ervices - Following a presentation by Finance
Director/City "treasurer Kundig, Councilmernber Bean moved to authorize staff
to enter into an agreement with True North Research, Inc, to provide public
opinion research (polling) services to the City of Redlands relating to potential
revenue-generating measures for the June 2010 or November 2010 ballots,
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City, and to approve an additional appropriation of$19,078,00,
Motion seconded by Councilmember Gallagher and carried unanimously.
Resolution No, 6905 - ,rraffic - Alta Vista _"ire - Cin September 22, 2009, the
City was contacted by Amanda Frye and Varnurn Fletcher concerning the five
mile per hour (MPH) increase in the speed limit from 35 MPH to 40 MPH on
Alta Vista Drive between Florida Street and Sunset Drive_ The reasons for their
request to revert back to the previously posted speed of 35 MPH is that they
believe the new posted speed of 40 MPH is too fast and that this speed is
dangerous. They indicate there are no sidewalks for children and pedestrians to
walk outside of, the roadway; that there are school bus pick-up and drop-off
locations along Alta Vista Drive promoting the congregation and use of the
street by school age children; the area is rural and used by horse riders; and the
road has a number of curves and residents back out of their properties onto Alta
Vista Drive which should also be considered in evaluating the speed for the
roadway. There is an existing multi-use trail that crosses Alta Vista Drive
between Highview Lane and South Lane; this crossing is posted with two
equestrian signs at both approaches, There is also a School Bus Stop Ahead 500
Feet sign posted at the southwest corner of Alta Vista Drive and Highview
Drive. For all of these factors the roadway speed should be adjusted back to the
35 MPH previous posted speeded limit. In response to the request, stafffield
reviewed the street and the speed survey prepared by Al Grover and Associates
which was conducted in the morning of February 5, 2009. The speed survey
prepared by Al Grover and Associates was performed in accordance to methods
for performing an "Engineering Traffic Survey" as provided in the California
Manual of Uniform Traffic Control Devices. Given these results the speed limit
survey without farther consideration could have resulted in establishing the street
speed at 45 N4PH. However, the MUTCD allows for a five mile per hour
adjustment for field conditions, all of the factors that were, mentioned by the
residents as concerns are valid and were considered in establishing a reduced
speed limit on this street segment. The MUTCI) establishes the method for
December 1, 2009
168
setting speed limits that, are enforceable by radar speed enforcement practices,
The NWTCD criteria provide the, agency shall round to the nearest five mile per
hour increment, in this case 45 MPH. It further allows the agency to reduce the
speed by five mile per hour to adjust for field conditions that warrant a reduction
in speed, such as all the factors of conceni that were mentioned by the residents.
The Traffic Engineer considered these factors and the speed was reduced to 40
MPH. This speed was recommended to the Traffic and -Parking Commission on
May 28, 2009. The Commission in to recommended approval to the City
Council and the speed was adopted by Resolution No, 6850 on July 7, 20K
StafT recently posted the new 40 MPH speed limit regulatory signs, which has
resulted in concern from the residents. Staff elected to conduct new speed
surveys with in-house personnel along Alta Vista Drive to see if different results
would be realized because the road is composed of a straight segment and a
curved segment. In both segments surveyed by in-house staff the results
validated the 40 MPH speed that was previously surveyed and reco mmended by
Al Grover and Associates. Staff also conducted a"Ball Bank" survey within the
curved sections of the roadway. This survey allows for the placement of
advisory speed signs, which indicates the recommended speedfor driving within
the curved segments of the roadway. The results of the Ball Bank survey
indicated that the lowest curve on the hill, curve No, 1, does not require an
advisory curves limit- the next curve heading west, curve No. 2, requires a
35 MPH advisory speed limit sign to be posted for wesibound traffic; the next
curve heading west, curve No. 3, requires a 35 MPH advisory speed limit sign to
be posted for eastbound traffic,; the last curve at Sunset Drive, curve No, 4,
requires a 35 MPH advisory speed limit sign to be posted for both the
westbound and eastbound lanes. The MUTCD speed establishment methodology
includes conducting "Engineering rraffic Survey". The 85th Percentile is the
target speed, which is the speed that 85 percent of the cars surveyed are driving.
In general, the 85th Percentile target has been selected because this is the speed
that most drivers feel comfortable driving the street under normal conditions.
The California Vehicle Code requires an "Engineering Traffic Survey" and
engineering analysis of the field conditions be done typically every five years to
insure the postedspeed meets the, California uniform practice for establishing a
reasonable speed. Courts have ruled that posted speeds that do not meet the
criteria established by the engineered traffic survey methodology can not be
enforced by "radar enforcement" methods. Courts consider these streets to be
potential jurisdictional speed traps with unwarranted ticketing activities.
Therefore, tickets issued by "radar enforcement" are not upheld on streets that
do not have a valid "Engineering Traffic Survey" which has been adopted by the
governing body. However, the Police Department may employ alternative
enforcement methods (Pacing) or erratic/hazardous driving as reasons for citing
mmorists. In considering the street and its features the potential traffic calming
measures that could be employed to reduce speeds would be the installation of a
white edge strip to restrict the driving lane widths to 10-foot in each direction.
This controlled and narrowed driving width is expected to reduce the level of
comfort that motorist currently experience when driving Alta Vista and would
most likely result in reduced driving speeds along this street. Adding additional
pavement striping will change the character of the street. Additionally, the cost
of the striping design and installing the improvernents is not budgeted.
Speaking in favor of reducing the speed limit were Jody Stout, Sharon Fletcher,
Charles Frye(who also sent an e-mail on November 30, 2009), Bill Cunningham,
Susan Finsen and Tom Westerfield. Council memberrs discussed this matter at
length agreeing that the state law needed to be amended to allow local
consideration. Council ember Bean moved to retain the speed limit at 35 MPH,
directed staf to paint calming methods, asked the Police Department to
accelerate its non-radar enforcement in that area using whatever kind of
enforcement ideas that they have, and then do an internal survey to see what the
speed is to see if we can in effect legitimize the 35 ,MPH speed limit; and directed
December 1, 2009
169
staff to prepare an amendment to Resolution No, 6850 adopted on July 7, 2009,
for City Council consideration on December 15, 2009, Motion seconded by
Council ember Gallagher and carried with Councilmembers Harrison and
Aguilar voting NO,
Lease�Ngpement --,Xerox CorpQua ticy q - Following a presentation by Chief
Information Officer Hexem, Councilmerriber Bean moved to approve a
professional services and equipment lease agreement with Xerox Corporation for
multi-function printer equipment, and support 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,
file PUBLIC COMME
None forthcoming,
4
CLOSED SESSION
The City Council meeting recessed at 4,27 P.M. to a closed session to discuss
the Collo wing-
I
I. Conference with legal counsel: Existing Litigation - Government Code
§54956.9(a)
a, Knox v. City of Redlands, et al, San Bernardino Superior Court Case
No. CIVDS903710
1 Conference with real property negotiator- Government Code §54956,8
Property- AIIIN 872-36-12H
Agency negotiators- N. Enrique Martinez and Oscar Orci
Negotiating party* Oasis Christian Fellowship
Under negotiation Terms and price for City's rental of property to Oasis
Christian Fellowship
The meeting reconvened at 4-53 RM
Pat Gilbreath, Mayor
Jerry Bean, Mayor Pro Tern
Jon Harrison, Council ember
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
ABSENT
None
STAFF N. Enrique Martinez, City Manager, Daniel J. McHugh, City Attorney- Lorrie
Poyzer, City Clerk- Carl Baker, Public Information Officer- David "exent, Chief
Infiormation Officer; Rosemary Hoem, ingg, 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, Hurnan Resources Director
-PORT
City Attorney McHugh announced there was no reportable action taken during
the closed session.
NJFW� LT� Sw
Par�
in Space-Rept4l A tregmChristian Lo U " - Pr
ent - Oasis stian e sh
,6— — _ _ qjec t Manager
Chris Boatman reviewed the proposed parking space rental agreement VAth
Oasis Christian Fellowship, On behalf of Oasis Christian Fellowship, Steve
December 1, 2009
170
Mason asked that the renter not be responsible fear any more fees or maintenance
than has been previously discussed. Following discussion, Councilmember
Gallagher moved to find that the parking space rental agreement with Oasis
Christian Fellowship is exempt from the California Finvironmental Quality Act
pursuant to Section 1506 1 b(3) of the CEQA Guidelines. Motion seconded by
Councilmember Harrison and catied with Councilmember Bean voting NO.
Councilmember Gallagher moved to approve, in concept', a parking space rental
agreement with Oasis Christian Fellowship for 55 parking spaces on City-owned
property located between Seventh and Ninth Streets with two modifications- Use
of the parking spaces from 6:00 A.M, to 11-00 P.M. and a clarification if
sweeping is necessary and include any additional costs if incurred by the City for
sweeping. Motion seconded by Councilmember Harrison and carried
unanimously.
&PIQLANMENLr
There being no further business, the City Council meeting adjourned at
5 14 P.M. The next regular meeting will be held on December 15, 20K
Mayor of the City of Redlands
ATTEST-
City Cjerk of the.011 lands
Decemixt 1,2009