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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 May 4, 2010 at 3:08 P.M.
PRE SI,N'F: Pat Gilbreath, Mayor
Jerry Bean, Mayor Pro Tem
Jon Harrison, Councilmember
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
ABSENT: None
N. Enrique Martinez, City Manager; Daniel J, McHugh, City Attorney; Sam
Irwin, City Clerk; Carl Baker, Public Information Officer; Jim Bueermann,
Police Chief, David Hexem, Chief Information Officer; Rosemary Hoerning,
Municipal Utilities and Engineering Director; Tina Kundig, Finance
Director/City Treasurer; Tom Steele, Assistant Finance Director; Jeff 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 Harrison
followed by the pledge of allegiance to the American flag.
PRESENTATIONS:
Redlands Animal Shelter - Animal Control Officer Bill Miller and Volunteer
Lynda Ackerman introduced Sarge, a two year old male Akita/Lab mix who is
available for adoption at the Redlands Animal Shelter. Ms. Ackerman informed
the Council there are currently have 32 dogs and 18 cats at the shelter. Nineteen
dogs and six cats have been adopted since the last City Council meeting.
CONSENT CALENDAR:
Minutes - On motion of Cour icilmember Aguilar, seconded by Mayor Pro Tem
Bean, the City Council unanimously approved the minutes of the regular
meeting of April 20, 2010 as submitted.
Resolution No. 6935 — Destruction of Records - On motion of Councilmember
Aguilar, seconded by Mayor Pro Tern Bean, the City Council unanimously
approved Resolution No. 9635 authorizing the destruction of records reflecting
accounts payable check registers dated from July 1, 2003 to June 30, 2004 and
accounts payable check copies and original back up documentation dated from
July 1, 2004 to June 30, 2005,
Settlement AgEcement — On recommendation from City Attorney McHugh, a
settlement agreement between the City of Redlands and Dr. Shahrokh
Shabahang pertaining to a lawsuit filed by the City of Redlands with the San
Bernardino Superior Court was presented. Under the terms of the agreement,
Dr. Shabahang shall pay the City of Redlands Eleven Thousand, Seven Hundred
Dollars ($11,700). Upon receipt of funds, the City of Redlands will file a
dismissal of the lawsuit with prejudice. Each Party shall bear its own attorneys'
fees and costs incurred in connection with the lawsuit and preparation of the
agreement,
Surveillance Project Contract - On motion of Councilmember Gallagher,
seconded by Mayor Pro Tem Bean, the City Council unanimously approved the
third amendment to the Leverage Integrated Surveillance System agreement to
implement the aerial phase of the Police Department surveillance camera
project.
May 4,2010
225
Employment Agreements — Cit y Manager/Ci!y AttoMey - On motion of
Councilmember Aguilar, seconded by Councilmember Harrison, the City
Council voted to approve the First Amendment to the Employment Agreement
for the City Manager's Employment Contract and the Eighth Amendment to the
Employment Agreement for the City Attorney's Employment Contract. The
amendments restate the City Manager's and City Attorney's fringe benefits to
ensure their consistency with those granted by City Council to City Department
Directors and Redlands Association of Management Employees (RAME)
employees. Mayor Pro Tern Bean and Councilmember Gallagher moved to
continue the item to allow a rewrite of the amendments to remove all reference
to R-AME and to look at those and possibly other amendments to the contracts.
With the motion to continue defeated by a vote of three to two, Mayor Pro Tern
Bean and Councilmember Gallagher voted against the original motion in the
form presented. Mayor Gilbreath pointed out that the City Manager, the City
Attorney and all Department Directors are participating fully in the furlough
prograrn to reduce costs. The City Manager pointed out that the City Council
members are also helping by forgoing a portion of their stipend entitlement.
Tree Trimming Contract - On motion of Councilmember Harrison, seconded by
Cou,ncilmember Gallagher, the City Council unanimously approved an
agreement between the City of Redlands and West Coast Arborists, Inc. for
annual tree trimming and arboricultural services for a five-year term.
Councilmember Harrison asked that West Coast Arborists consider
subcontracting with local businesses for disposal of the larger pieces of tree
trimmings too big for their chipper/shredder.
COMMUNICATIONS:
Home Depot Grant — Tabetha Johnson, City of Redlands Volunteer Resource
Coordinator, described the work project planned for Saturday, May 8, 2010,
involving over 500 members of the Latter Day Saints Church. Renovations and
tree plantings will be accomplished in five city parks and cleanup activities will
be performed at a City of Redlands orange grove and the airport. All materials
for the projects will be purchased with funds from numerous Redlands service
clubs and a Thirty-Five Thousand Dollar ($35,000) grant from the Home Depot
Foundation. On motion of Mayor Pro Tem, Bean, seconded by Councilmember
Gallagher, the City Council unanimously agreed to receive and file Ms.
Johnson's report.
Budget Update — Tina Kundig, City Treasurer/Finance Director, provided an
update on the Fiscal Year 2009-2010 Deficit Reduction Plan etTorts. The update
included a review of four previous reports on this subject which reflected the
efforts of the City Manager and staff to address revenue shortfalls caused by the
significant decrease in economic activity. General government revenues for
FY2009-201 0 are currently estimated to be under budget by approximately $3.2
million, which includes an estimated shortfall of$2.6 million in franchise fees
and $600,000 in sales taxes. Other revenue categories experiencing significant
shortfalls include approximately $800,000 in Community Development
revenues and $300,000 in engineering revenues due to the decline in
development activity. Additionally, waste importation revenues are expected to
be approximately $300,000 less than budget. As of this last update, the City
Manager and staff are continuing efforts to find an additional $900,000 in cost
reductions/savings to minimize the use of General Fund Unreserved Fund assets
to address budget shortfalls. On motion of Mayor Gilbreath, seconded by
Councilmember Gallagher, the City Council unanimously agreed to receive and
file the budget update report.
May 4,2010
'926
UNFINISHED BUSINESS:
Ordinance No. 2729 — Solid Waste Service Rates - On motion of Mayor Pro
Tem, Bean, seconded by Councilmember Gallagher, the City Council voted to
approve the introduction of Ordinance No. 2729 which raises all other solid
waste service rates 10% effective 7/l/20 10 and another 10% effective 1/]/2011
Mayor Gilbreath voted against adopting the ordinance.
Ordinance No. 2730 — Solid Waste Pull Down Service Rate - Mayor Pro Tem,
Bean and Councilmember Gallagher recused themselves from discussion and
decisions on Ordinance No. 2730 because they are subscribers to Solid Waste
Pull Down Service. On motion of Councilmember Aguilar, seconded by
Councilmember Harrison, the three remaining principals unanimously approved
the adoption of Ordinance No. 2730 which raises pull down service rates to
$12.87 effective 7/1/2010 and $14.16 effective 1111201 1,
NEW BUSINESS:
Resolution No, 6936 — California Jobs Initiative - On motion of Mayor
Gilbreath, seconded by Councilmember Gallagher, the City Council voted to
approve Resolution No. 6936 and authorized the Mayor to execute a letter on
behalf of the City of Redlands requesting the Governor and the legislature
suspend or repeal AB 32. Councilmember Harrison took issue with the facts
reflected in the resolution and expressed concerns that the requirements for
resuming AB32 would be unachievable and, therefore, would kill efforts to
clean up the air we breathe. He asked, and was accommodated, to have the
wording of the resolution reflect the fact that the vote on the motion was less
than unanimous. Councilmember Aguilar pointed out the focus of legislative
strategy indorsed by the League of California Cities would be obscured by
support for the California Jobs Initiative. Councilmember s Harrison and
Aguilar voted no on the motion.
Settlement Agreement Disclosure — On motion of Mayor Pro Tem, Bean,
seconded by Councilmember Gallagher,the City Council unanimously agreed to
have the City Attorney prepare, for City Council consideration, an ordinance
adding to the Redlands Municipal Code the requirement for disclosure, on the
City Council meeting agenda, of legal settlements and real estate transactions
that have been approved by the City Council in closed session.
Agficultural Preserve Removal, - On motion of Mayor Pro Tem, Bean, seconded
by Councilmember Gallagher, the City Council unanimously agreed to direct
staff to prepare the appropriate environmental documentation and reports, and
notice a public hearing for the City Council's consideration of the possible
removal of property located east of the Sunset Hills Development in San
Timeteo Canyon, APN 294-151-49, from agricultural preserve status. Anne,
Hernandez, the property owner, spoke in support of the motion. She
summarized her business plan for a riding academy on the property and
highlighted differences of opinion on issues between the owners and the staff.
UAC Appointments - On motion of Mayor Pro Tern Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved the
appointment of Mark Martinez, Harvey Wimer, David V. Garcia, Brad Evans,
Ken Jeske and David E. Raley to comprise the 2010 Utilities Advisory
Committee (UAC) to support the water and wastewater rate adjustment study.
These appointments are for six of the seven approved positions on the UAC,
reflecting all the applications received. Rosemary Hoe 'ng, Municipal Utilities
and Engineering Director, assured the Council that, if more applications are
received, one more appointment would be brought before them for approval.
May 4,2010
227
PUBLIC HEARING:
Resolution No. 6942 — Entitlements Revocation — Mayor Gilbreath opened the
Public hearing and called for a report from Manuel Bacza, Principal City
Planner, who summarized a settlement agreement between the City of Redlands
and the Redlands Association in which the City agreed to rescind entitlements
previously granted to the Redlands Commons Project.
On motion of Mayor Pro Tern, Bean, seconded by Councilmember Gallagher,
the City Council unanimously approved Resolution No. 6942 rescinding
Resolutions No. 6769, 6790, 6791, 6792, 6793, 6794, 6799 and 6800 which
articulated those entitlements.
Resolution No. 6943 — One-Year Action Plan - Mayor Gilbreath opened the
public hearing and called for a report from Janet Miller, Redevelopment Project
Manager, who summarized events leading to the proposed hist of Department of
Housing and Urban Development (HUD) Community Development Block
Grant (CDBG) sub-recipients and offered three options for distribution of
CDBG funds. On motion of Mayor Pro Tem, Bean, seconded by
Councilmember Gallagher, the City Council unanimously approved Resolution
No. 6943 and the One-Year Action Plan and directed staff to submit the Plan to
HUD. The Council selected the first option for funds distribution, allocating
$122,892 to Administration, $88,550 to Public Service Agencies, and $403,017
to Capital Improvement Projects. As a public comment, Joseph Rodriguez,
from the Gang Reduction Intervention 'ream (GRIT), provided an update of his
agency's success stories. Mayor Gilbreath read an input from All Griesemer,
of Step by Step, thanking the Council for past support and the currently
proposed allocation.
PUBLIC COMMENTS:
Measure 0 — Steve Rogers asked for clarification on the role of the North
Redlands Visioning Committee (NRVC) in the arguments for and against
Measure 0 in the June 8, 2010 Special Municipal Election. The City Attorney
inl'ormed him that the NRVC is an independent nongovernmental agency and
any clarification would have to come from them.
Request for Information — Bill Cunningham, of the Redlands Association,
informed the Council and staff that he had filed a public records request for
information and a response to his request is overdue.
ADJOURNMENT:
There being no further action required, the City Council meeting adjourned at
4:40 P.M. The City Council will meet at their next regularly scheduled meeting
on May 18, 2010.
Mayor of the City of Redlands
Attest:
Sam Irwin, City Clerk
May 4,2014