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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 August 3, 2010 at 3:00
P.M.
PRESENT: Pat Gilbreath, Mayor
Jon Harrison, Councilmember
Mick Gallagher, Councilmember
Pete Aguilar, Councilmember
ABSENT: Jerry Bean,Mayor Pro Tern
STAFF: N. Enrique Martinez, City Manager; Daniel J. McHugh, City Attorney; Sam
Irwin, City Clerk; Carl Baker, Public Information Officer; Jim Bueermarm,
Police Chief, David Hexem, Chief Information Officer; Rosemary Hoerning,
Municipal Utilities and Engineering Director; Tina Kundig, Finance
Director/City Treasurer; Jeff Frazier, Fire Chief; Oscar W. Orci, Community
Development Director; Deborah Scott-Leistra, Human Resources Director
The meeting was opened with an invocation by Councilmember Aguilar
followed by the pledge of allegiance to the American flag.
PRESENTATIONS:
Redlands Animal Shelter - Animal Control Officer Bill Miller and Volunteer
Lynda Ackerman introduced Lisa, a female,two-month old bull terrier mix,who
is available for adoption at the Redlands Animal Shelter. Ms. Ackerman
informed the Council there are currently 64 dogs and 79 cats at the shelter.
Eighteen dogs and twenty-six cats have been adopted since the last City Council
meeting.
CONSENT CALENDAR:
Minutes - On motion of Councilmember Aguilar, seconded by Councilmember
Gallagher, the City Council unanimously approved the minutes of the special
and regular meetings of July 20, 2010 as submitted.
Eagle Scout Achievement - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved certificates
of achievement for Geoffrey Quinn Risalti, Brian Marcus Price and Philip Allen
Coe for attaining the highest rank in scouting.
Settlement Announcement - On motion of Councilmember Aguilar, seconded
by Councilmember Gallagher, the City Council unanimously approved
informing the public about the details of a settlement agreement between the
City of Redlands and Luther Bogardt. The City of Redlands agreed to pay Mr.
Bogardt $15,564.71 for damage done to a sewer lateral on his property during
the Waterline Replacement Project.
Aareements Review - On motion of Councilmember Aguilar, seconded by pi t
Councilmember Gallagher, the City Council unanimously agreed to receive and
file a notice of the annual review of active development agreements in
accordance with the Redlands Municipal Code.
Extension Reauest - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved a one year
extension for Commission Review and Approval No. 859 for a planned nine
building industrial park complex on property located on Research Drive
between Almond and Lugonia Avenues.
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207
Non-Disclosure Aureement - On motion of Councilmember Aguilar, seconded
by Councilmember Gallagher, the City Council unanimously approved a Non-
Disclosure Agreement between the City of Redlands and GP-Redlands Mall,
L.P. to facilitate an appraisal of the value of the mall.
Resolution No. 6973 - Street Desi nation - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council unanimously
approved Resolution No. 6973 accepting a portion of Shoppers' Lane into the
City of Redlands street system and dedicating that portion for public use as a
City street.
Resolution No. 6970 - Le `n Tax - On motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
Resolution No. 6970 setting the maximum tax rates for Community Facilities
District No. 2004-1 and authorizing the City Clerk to file all, necessary
information with the County Auditor/Controller for FY 2011(1-20)1.1.
Fee Waiver - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved a request
from Stater Bros. Charities for a waiver of fees for the use of the Redlands
Bowl, Lincoln Shrine, Smiley Park, Sylvan Park and Ed Hales Park for the 3rd
Annual Believe and Walk for the Cure to benefit the Loma Linda University
Cancer Center's Patient Resource Center to be held on October 3, 2010.
Fee Waiver - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved a request
from the Redlands Morning Kiwanis Club for a fee waiver and the return of all
fees paid for the use of Sylvan Park for a Firefighter Rib Cook Off to support
local activities that benefit children to be held on September 4, 2010.
Professional Services Agreement - On motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
a Professional Service Agreement between the City of Redlands and ICF
Consulting to update the City's Hazard Mitigation Plan.
Resolution No. 6983 - Grant Application - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council unanimously
approved Resolution No. 6983 authorizing the submission of an application to
the Strategic Growth Council's Sustainable Communities Planning Grant to fund
the state mandated update to the City of Redlands General Plan.
Recreation Fundraiser - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved the
authorization of Dan Damon Music Productions to hold a fundraiser at the
Redlands Bowl to benefit the City of Redlands Recreation and Senior Services
Programs and a request for a waiver for the production company's portion of the
fees for the event.
Facility Use AgEggment - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved an
agreement between the City of Redlands and the County of San Bernardino for
the use of the Redlands Community Center multi-purpose room for the county's
Women, Infants and Children Program.
Contraband Detection Ageem - On motion of Councilmember Aguilar,
seconded by Councilmember Gallagher,the City Council unanimously approved
an agreement between the City of Redlands and the Redlands Unified School
District to provide a Contraband Detection Canine Program to the schools.
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272
Resolution No. 6972 - Weed Abatement Assessment - On motion of
Councilmember Aguilar, seconded by Councilmember Gallagher, the City
Council unanimously approved Resolution No. 6972 providing for the
assessment of costs resulting from the abatement of weeds which constitute a
fire hazard.
NEW BUSINESS:
Resolution No. 6975 - Cit v Treasurer Position- On a motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council unanimously
approved Resolution No. 6975 submitting a measure to the voters of the City of
Redlands to determine whether to change the elective office of City'Treasurer to
an appointive position. On a motion of Mayor Gilbreath, seconded by
Councilmember Gallagher, the Council also reserved the right to file an
argument in support of the measure and appointed a subcommittee of
Councilmembers Gallagher and Aguilar to draft the argument.
Well Rehabilitation - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously approved Change
Order No. I to a contract with South West Pump & Drilling, Inc. to include
installation of a well liner in the rehabilitation of the Mentone Acres 2 well.
Resolution No. 6982 - Street Improvements - On motion of Councilmember
Aguilar, seconded by Councilmember Gallagher, the City Council unanimously
approved Resolution No. 6982 revising the Measure I Local Street Improvement
Program. The revision adds three projects to the Program: the Orange Street
and Redlands Boulevard Resurfacing, Sidewalk and Landscaping Improvement
Project; Traffic Management and Control Striping; and Pavement Maintenance
Software and Development.
Release of Lien - Rosemary Hoerning, Municipal Utilities and Engineering
Director, presented the staff position of maintaining a lien against property at
190 Terracina Boulevard (Morey Mansion) to secure construction of public
improvements if needed in the future. Janet Cosgrove, the applicant, pointed
out that she had made improvements in the area affected by the lien. All the
work was accomplished under appropriate permits and all reviews and
inspections were performed. Public comments, from several speakers supported
removal of the lien and appealed for no future modifications to the property. On
motion of Councilmember Harrison, seconded by Councilmember Gallagher,
the City Council unanimously approved the release of lien.
Computer Data Storage Networks - On motion of Councilmember Harrison,
seconded by Councilmember Gallagher, the City Council unanimously approved
the purchase of two storage area networks and related equipment and software
to support the City of Redlands Police Department Communications Center.
The purchase is from CDW-G and will be funded by the United States
Department of Justice COPS 2006 Technology Grant.
Sick Leave Bu v Back - On motion of Councilmember Aguilar, seconded by
Councilmember Harrison, the City Council approved a side letter with the
Redlands Professional Firefighters Association (;RPDA) authorizing the
suspension of the sick leave buy back provision in the current Memorandum of
Understanding with RPF A for FY 2010-2011. Mayor Gilbreath voted No on the
approval of the side letter citing the fact the proposal would help address budget
problems only in the short term. The sick leave will remain on the books and
are an unpaid bill to be addressed in subsequent budget years. Councilmeniber
Gallagher recused himself from discussions and voting on this item due to a
potential conflict of interest.
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Video Surveillance - On motion of Councilmember Gallagher, seconded by
Councilmember Harrison, the City Council unanimously approved the Fourth
Amendment to the Leverage Information Systems, Inc. Integrated Video
Surveillance System Agreement. The amendment provides the design,
engineering, configuration and maintenance of thirteen additional color, high
resolution cameras to be located at Lugonia Elementary School, Clement and
Moore Middle Schools, and Redlands High School.
A-areement Review - On motion of Councilmember Aguilar, seconded by
Councilmember Gallagher, the City Council unanimously agreed to receive and
file a notice of the annual review of an active development agreement with
ESRI in accordance with the Redlands Municipal Code. Councilmember
Harrison recused himself from discussions and voting on this item due to the
fact that ESRI is his employer.
Special Counsel - On motion of Councilmember Gallagher, seconded by
Councilmember Harrison, the City Council unanimously approved entering into
a contract with the firm of Liebert, Cassidy & Whitmore for special counsel in
the matter of compensation and benefits profiles for the City Manager, City
Attorney and Department Directors. The contract is not to exceed $5,000. The
motion included the appointment of a subcommittee comprised of Mayor Pro
Tern Bean and Councilmember Gallagher to work with the contractor and report
any findings back to the entire City Council.
PUBLIC HEARINGS.
Resolution No. 6984 - Deligguent Municipal Services Account Re ort - Mayor
Gilbreath opened the public hearing and called upon Tina Kundig, Finance
Director/ City Treasurer, for background on the subject report. On motion of
Councilmember Gallagher, seconded by Councilmember Harrison, the City
Council unanimously adopted Resolution No. 6984 approving the Delinquent
Municipal Services Account Report and the submission of this report to the
Auditor of San Bernardino County for recordation of a Special Assessment on
the FY 2010-2011 Tax Roll against property found to be in non-payment of a
City of Redlands Municipal Services Account.
Resolution No. 6986 - Parking and Business Improvement Area B (PBIAB) -
Mayor Gilbreath opened the public hearing and called upon Oscar Orci,
Community Development Director, and Heather Smith from the Department, for
background on the PBIAB. As a public comment, Bill Cunningham offered the
historical estimate of tax revenues generated by Market Night to be about
$75,000. On motion of Councilmember Gallagher, seconded by
Councilmember Harrison, the City Council unanimously approved Resolution
No. 6986 ordering the continued operation of PBIAB and confirming the
Annual Report and assessment for FY 2010-2011.
Resolutions No. 6976 thru 6981 and 6985 - QggM Expansion - Mayor
Gilbreath opened the public hearing and called upon Manuel Bacza and Sergio
Madera, from the Development Services Department, for background on a
proposal from applicants Robertson's Ready Mix and Cemex to expand
aggregate mining operations in the Santa Ana River wash. As a public
comment, Robert Duron asked how far south the proposal expanded the mining
operation. lie was assured that the proposed expansion is in an easterly and
westerly direction, not southerly. Steve Rogers asked if all the required studies
had been performed and suggested the vacation of a right of way included in the
proposal is an opportunity to generate revenue for the City of Redlands. Bill
Cunningham suggested the Conditional Use Permits (CUP) applied for should
not be approved without renegotiating mining fees. He also questioned the
impact on the water table of increasing the depth of mining from 120 to 150
feet. On motion of Councilmember Aguilar, seconded by Councilmember
I-larrison, the City Council unanimously approved adopting the Statement of
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274
Facts, Findings and Overriding Considerations and Mitigation Monitoring and
Reporting Program for the Final Environmental Impact Report for the Upper
Santa Ana River Wash Land Management and Habitat Conservation Plan
(Resolution No. 6985); adopting General Plan Amendment No. 2010-3-A
(Resolution No. 6980); adopting Street Vacation No. 153 (Resolution No.
6981); approving CUP Nos. 948, 949, and 964 (Resolution No. 6978);
approving CUP Nos. 950,951, and 952 (Resolution No. 6976); approving the
Reclamation Plan for aggregate mining operations pursuant to CUP Nos. 948,
949, and 964 (Resolution No. 6979); and approving the Reclamation Plan for
aggregate mining operations pursuant to CUP Nos. 950, 951, and 952.
PUBLIC COMMENTS:
Access - Steve Rogers expressed displeasure with the North Redlands Visioning
Committee. He said meetings are being held without public access to the
proceedings. He advocated disbanding the Committee.
CLOSED SESSION:
The City Council meeting recessed at 4:57 P.M. to a closed session to discuss
the following:
1. Conference with legal counsel: Government Code §54957
a. Public Employee Dismissal/Release- Consideration of disability
retirement application of public safety employee.
2. Conference with real property negotiator—Government Code §54956.8
Property: APNs 0292-041-08 and 0292-041-44
Agency negotiators: N. Enrique Martinez, Les Jolly
Negotiating party: Graeme Bethell,Gussing Renewable
Energy America
Under negotiation: Terms and price for proposed lease of
City of Redlands property
The meeting reconvened at 5:30 P.M.
CLOSED SESSION REPORT:
City Attorney McHugh announced that, by unanimous decision, the City
Council approved the disability retirement of a public safety employee.
ADJOURNMENT:
There being no further business,the City of Redlands City Council meeting adjourned
at 5:33 P.M. The Council will meet next at their regularly scheduled meeting on
September 7, 2010. The regular meeting on August 17, 2010 is cancelled.
Mayor of the City of Redlands
Attest:
Sam lrwi , City Clerk
August 3,2010