HomeMy WebLinkAbout020712-cc_CCv0001.pdf 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 February 7, 2012 at 5:00
P.M.
PRESENT: Pete Aguilar, Mayor
Paul Foster, Mayor Pro Tem
Jon Harrison, Councilmember
Jerry Bean, Councilmember
Bob Gardner, Councilmember
ABSENT: None
STAFF: Enrique Martinez, City Manager; Dan McHugh, City Attorney; Sam Irwin, City
Clerk; Carl Baker, Public Information Officer; Jeff Frazier, Fire Chief, Mark
Garcia, Police Chief, David Hexem, Chief Information Officer; Fred
Mousavipour, Interim Municipal Utilities and Engineering Director; Fred
Cardenas, Quality of Life Director; Tina Kundig, Finance Director/City
Treasurer; Oscar Orci, Development Services Director; Debbie Scott-Leistra,
Human Resources Director
Mayor Aguilar called the meeting to order and offered those present the
opportunity to provide public comment on any item on the agenda for the closed
session.
PUBLIC COMMENT:
None forthcoming
CLOSED SESSION:
The meeting recessed at 5:01 P.M. to a closed session to discuss the following:
1. Conference with legal counsel: Anticipated Litigation - Government Code
§54956.9(c) - One Case
a. Possible initiation of litigation by the City of Redlands
2. Conference with legal counsel: Existing Litigation - Government Code
§54956.9(a) - One Case
a. Charles E. Holcombe, et al v. City of Redlands, San Bernardino Superior
Court Case No. CIVDS 1107627
3. City in its role as Successor Agency to the Redevelopment Agency of the
City of Redlands
a. Conference with legal counsel: Anticipated Litigation - Government
Code §54956.9(b)(2)(C) - One Case
February 7,2012
Page 1
i. Facts and circumstances — Claim of Redlands Unified School
District for alleged delinquent tax increment revenues.
The meeting reconvened at 6:03 P.M. with an invocation by Councilmember
Gardner followed by the pledge of allegiance to the American flag.
CLOSED SESSION REPORT:
City Attorney McHugh announced no reportable actions were taken during the
closed session.
PRESENTATIONS:
Redlands Animal Shelter — Animal Control Volunteer Cyndy Dunham
introduced Tut, a four-month old Pharaoh Hound mix, who is available for
adoption at the Redlands Animal Shelter along with sixty-eight other dogs and
twenty-two cats. Ms. Dunham informed the Council thirty-eight dogs and
thirteen cats have been adopted since the last City Council meeting.
Proclamation— Mayor Aguilar presented a proclamation to Denise Hertel, from
the Pediatric Heart Association, declaring the week of February 7 — 14, 2012 as
Congenital Heart Defect Awareness Week.
PUBLIC COMMENTS:
Safety Employ — Gertrude Jones, a school crossing guard who was recently
hit by a car while performing her duties, said she experienced difficulty getting a
police officer to respond at her time of need because all officers were occupied
on other calls. She appealed to the City Council to give consideration to
increasing police manning.
Corporate Constitutional Rights — Several members of Occupy Redlands spoke
in support of a resolution they are asking the City Council to sign which calls
for the abolition "corporate personhood". Stephen Kemp and Chanel Emershy
read the proposed resolution in its entirety. The group has asked to be put on
the agenda of a future City Council meeting.
Flight Safety — Albert Kelley described potential hazards associated with the
proximity to populated areas within the City of Redlands of San Bernardino
International Airport and its flight pattern.
CONSENT CALENDAR:
Minutes — On motion of Mayor Pro Tem Foster, seconded by Councilmember
Gardner, the City Council unanimously approved the minutes of the adjourned
February 7,2012
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special meetings of January 11 and 31, 2012, the regular meeting of January 17,
2012 and the special meeting of January 31, 2012.
Trustee Appointments — On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved the
reappointments of Rosa Gomez and Martin Davis to serve additional three-year
terms on the Library Board of Trustees ending January 1, 2015. As a public
comment, Dennis Bell questioned whether the Library Board was complying
with the Brown Act and wanted to know where they posted their agenda for
their meetings.
Commissioner Appointment - On motion of Mayor Pro Tem Foster, seconded
by Councilmember Gardner, the City Council unanimously approved the
appointment of Norman Miner to serve the remainder of an unexpired term on
the Municipal Utilities/Public Works Commission ending November 16, 2012.
Proclamation - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a
proclamation congratulating Crafton Hills College upon the occasion of their
40th Anniversary and commending the faculty and staff for their continuing
dedication to serving our community and excellence in education.
Tolling Agreement Amendment - On motion of Mayor Pro Tem Foster,
seconded by Councilmember Gardner, the City Council unanimously approved
Amendment No. 1 to a Tolling Agreement between the City of Redlands and the
County of San Bernardino relating to the County's calculation of property tax
administration fees. The Amendment extends the current agreement through
March 2015 to allow time for settlement of litigation involving an
administrative fees dispute between the County of Los Angeles and any city
therein.
Fee Waiver - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved, by roll call
vote, a request from the Childhood Cancer Foundation of Southern California
for waiver of fees associated with the 12th Annual Easter Egg Hunt for Families
of Children with Cancer which will be held at Sylvan Park on March 31, 2012.
Video Surveillance MOU Amendment - On motion of Mayor Pro Tem Foster,
seconded by Councilmember Gardner, the City Council unanimously approved
a First Amendment to a Memorandum of Understanding (MOU) between the
City of Redlands and the Redlands Unified School District for video
surveillance system support and maintenance of equipment. The amendment
identifies two additional locations: the Educational Services Center and Judson
&Brown Elementary School.
February 7,2012
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Facility Use Agreement - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a Facility Use
Agreement between the City of Redlands and the University of Redlands for the
use of University facilities to conduct training, presentations, and qualifications.
CPDA Amendment - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved Amendment
No. 1 to a Conditional Property Disposition Agreement (CPDA) between the
City of Redlands and Howard Industrial Partners LLC. The amendment extends
the Schedule of Performance to provide an additional thirty days to allow the
City staff additional time to submit environmental documents to the state for a
30-day review period.
Resolution No. 7119 — Grant Application - On motion of Mayor Pro Tem
Foster, seconded by Councilmember Gardner, the City Council unanimously
approved Resolution No. 7119 authorizing the submittal of a joint grant
application with the County of San Bernardino to the U.S. Economic
Development Administration for the development of a biomedical tech park
support center and designating the City of Redlands Economic Development
Manager as an Authorized Organization Representative with authority to submit
grant applications on behalf of the City.
Ordinance No. 2763 — Temporary Sales and Special Events Facilities - On
motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the
City Council unanimously approved Ordinance No, 2763 adding Section 18.195
to the Redlands Municipal Code to establish regulations governing temporary
sales and special event facilities within developed commercial and industrial
zoned properties.
Firefighter Grant Application - On motion of Mayor Pro Tem Foster, seconded
by Councilmember Gardner, the City Council unanimously authorized the Fire
Department to apply to the Department of Homeland Security, Federal
Emergency Management Agency for a grant from the Staffing for Adequate Fire
and Emergency Response (SAFER) Program.
COMMUNICATIONS:
Audit Documents — Kelly Culver, from LSL Certified Public Accountants,
presented a summary of the findings associated with the FY2010-2011 Audit.
On motion of Councilmember Bean, seconded by Councilmember Gardner, the
City Council unanimously agreed to accept the City of Redlands
Comprehensive Annual Financial Report, the 2010-2011 Single Audit Report
for Federal Awards, the Independent Accountant's Report, the SAS 115
Management Letter, and the Auditor's Communication Letter.
February 7,2012
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CDBG Reports — Janet Miller, of the Development Services Department,
presented a summary of the results of the Consolidated Annual Performance and
Evaluation Report for the 2010-2011 Community Development Block Grant
(CBDG) Program. While the City of Redlands received "high grades" for their
program, the dissolution of the Redevelopment Agency will result in failure to
met program goals. Staff recommendations for adjusting these goals will be the
subject of a future City Council meeting.
Council Activities Schedule—Mayor Aguilar summarized changes reflected in a
new meeting schedule and liaison assignments for City Council boards,
commissions and committees. Councilmember Harrison pointed out that the
Citrus Preservation Commission meeting schedule needs to be addressed and
Councilmember Bean cited the existence of one ad hoc committee charged with
developing the duties and compensation of the elected City Treasurer. On
motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the
City Council unanimously agreed to accept the City Council Liaison
Assignments and Coffee with the Council Schedule as amended.
Ordinance No. 2775 - Commission Duties - On motion of Councilmember
Bean, seconded by Mayor Pro Tem Foster, the City Council unanimously agreed
to continue, until the City Council meeting of February 21, 2012, discussion of
Ordinance No. 2775 amending Chapter 2.64 of the Redlands Municipal Code
relating to the duties of the Citrus Preservation Commission and the operations
and finances of the City of Redlands citrus groves. The new ordinance is
intended to ensure protection of the City's citrus heritage by being financially
successful, clearly assigns ultimate responsibility for grove operations to City
staff, establishes a schedule of monthly meetings for the Citrus Preservation
Commission with the provision of appropriate financial and operational
information for decision making, and requires semi-annual reports to the City
Council on grove operations.
PUBLIC HEARINGS:
Resolution No. 7123 — Housing Revenue Bonds — Mayor Aguilar opened the
hearing and called upon Michael Lengyel, of the Development Services
Department, to provide a summary of events leading to a request from the
Housing Authority of the County of San Bernardino to issue up to $25,000,000
in multifamily housing revenue bonds to finance the acquisition, construction
and equipping of a project to build a 228-unit planned residential development
located at the northeast corner of Orange Street and Lugonia Avenue. On
motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the
City Council unanimously approved Resolution No. 7123 approving the
issuance of the bonds.
Resolution No. 7105 — Traffic Enforcement on Private Roads — Mayor Aguilar
opened the hearing and called upon Redlands Police Chief Garcia to provide a
February 7,2012
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summary of events leading to a request to authorize traffic enforcement by the
Redlands Police Department on certain private streets within the City. On
motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the
City Council approved Resolution No. 7105 authorizing traffic enforcement by
the Redlands Police Department on Delaware Avenue, Sixth Street, Holly Lane,
and Sharon Road.
Resolutions No. 7116 and 7117 — Specific Plan Amendment and CUP - Mayor
Aguilar opened the hearing and called upon Sergio Madera, of the Development
Services Department, to provide a summary of events leading to a request from
the applicant for a Notice of Exemption to California Environmental Quality
Act guidance, and public hearings for Amendment No. 3 to Specific Plan No.
42, to include theater arts and acrobatic studios as a conditionally permitted use
in the Plan's Office/Industrial District and Conditional Use Permit (CUP) No.
993 to establish such a studio in a 6,470 square foot tenant space of an existing
industrial building located at 1280 Research Drive. As a public comment, Katie
Zapparella, a school teacher and parent of former students, spoke as a reference
as to the instructional capabilities of the applicant. She encouraged approval
based on the benefit her daughters have received. On motion of Mayor Pro Tem
Foster, seconded by Councilmember Gardner, the City Council unanimously
agreed that approval of Resolutions No. 7116 and 7117 is categorically exempt
from the California Environmental Quality Act, and approved Resolution No.
7116 approving Amendment No. 3 to Specific Plan No. 42 and Resolution No.
7117 approving CUP No. 993.
Resolution No. 7118 — Specific Plan Amendment - Mayor Aguilar opened the
hearing and called upon Manuel Baeza, of the Development Services
Department, to provide a summary of events leading to a request from the
applicant for a Negative Declaration, and a public hearing for Amendment No.
40 to Specific Plan No. 40, to modify Figure 1-1 relating to Planned
Development Envelopes within the East Valley Corridor Specific Plan and
delete a development envelope bounded by Pioneer Avenue on the north, San
Bernardino Avenue on the south, Texas Street on the east and the 210 Freeway
on the west. Representing the applicant, Redlands Real Estate Holdings LLC,
Robert Levyssohn said removal of the envelope would expedite the
development process and make marketing to prospective occupants easier. As a
public comment, Bob Roberts expressed skepticism as to the effectiveness of
development envelopes. On a motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a Negative
Declaration for Resolution No. 7118 approving Amendment No. 40 to Specific
Plan No. 40, and approved the Resolution.
NEW BUSINESS:
Radio Maintenance - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a contract
February 7,2012
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between the City of Redlands and the County of San Bernardino for access and
maintenance of the police 80OMHZ radio system.
Resolution No. 7124 — Clean Transportation Grant - On motion of
Councilmember Bean, seconded by Councilmember Gardner, the City Council
unanimously approved Resolution No. 7124 to execute the Clean Transportation
Funding grant award for $90,000 from the South Coast Air Quality Management
District and a supplemental appropriation of the same amount to co-fund the
purchase of three natural gas heavy-duty solid waste vehicles.
E-Discovery - On motion of Councilmember Gardner, seconded by
Councilmember Bean, the City Council unanimously approved an additional
appropriation of $30,000 to the Department of Innovation and Technology
authorizing the procurement of hardware/software in support of e-discovery
requirements.
Votingoty-owned Shares — The consensus of the Council was to have staff
develop a policy for voting City-owned shares of mutual water company stock at
annual shareholders' meetings and return for approval at a future City Council
meeting.
Reservoir Improvements Contract - On motion of Councilmember Bean,
seconded by Mayor Pro Tem Foster, the City Council unanimously approved the
plans and specifications for the Smiley Reservoir Site Improvement Project and
the award of a contract between the City of Redlands and Three Peaks
Corporation, in the amount of$57,539, to perform the work.
Waterline Relocation - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved the plans and
specifications for the Fifth Avenue Pipeline Replacement Project and an
agreement between the City of Redlands and the County of San Bernardino, in
the amount not to exceed $279,193.75 for the installation of waterlines along
Fifth Avenue and Walnut Street.
Tree Trimming — On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gardner, the City Council unanimously approved a request for
additional appropriation of funds, not to exceed $75,000, to the Made in the
Shade Program to ensure the program is not subsidized by the General Fund tree
trimming budget. The program uses funds paid by residents for tree trimming.
Mayor Aguilar asked staff to provide a map showing where the Made in the
Shade Program is being utilized. As an aside, Quality of Life Director Fred
Cardenas expressed appreciation for the efforts of Robert Dawes, who has been
singularly instrumental in the success of the program.
ACTIONS TAKEN BY THE CITY COUNCIL AS SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
February 7,2012
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Minutes - On motion of Mayor Pro Tem Foster, seconded by Councilmember
Gardner, the City Council unanimously approved the minutes of the regular
meeting of January 17, 2012 and the special meeting of January 31, 2012 of the
former Redevelopment Agency.
Audit Documents - Kelly Culver, from LSL Certified Public Accountants,
presented a summary of the findings associated with the FY2010-2011 Audit
As a public comment, Albert Kelley asked for clarification of a remark made
that said the City was "in the black" when the Redevelopment Agency had
significant debts. Mayor Aguilar attempted a tutorial on Redevelopment
Agency funding to explain the disparity in the remark. He then explained the
"in the black" comment was in reference to the General Fund. On motion of
Councilmember Bean, seconded by Councilmember Gardner, the City Council
unanimously agreed to accept the Redevelopment Agency Basic Financial
Statements with Independent Auditor's Report for the Year Ended June 30,
2011 and the SAS 115 Management Letter.
COUNCILMEMBER ACTIVITIES:
Mayor Pro Tem Foster gave a good report of his experience attending the recent
Chamber of Commerce Rise and Shine Breakfast.
ADJOURNMENT:
There being no further business to address, this meeting was adjourned at 8:42 P.M.
The Council will meet at their next regular meeting on February 21, 2012.
February 7,2012
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