HomeMy WebLinkAbout020513-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 5, 2013, at
5:00 P.M.
PRESENT Pete Aguilar, Mayor
Paul Foster, Mayor Pro Tem
Jon Harrison, Councilmember
Pat Gilbreath, Councilmember
ABSENT: Bob Gardner, Councilmember
STAFF Enrique Martinez, City Manager; Dan McHugh, City Attorney; Sam Irwin, City
Clerk; Robert Dawes, City Treasurer; Carl Baker, Public Information Officer;
Phil Gairson, Fire Marshal; Mark Garcia, Police Chief; Danielle Garcia, Interim
Chief Information Officer; Fred Mousavipour, Municipal Utilities and
Engineering Director; Fred Cardenas, Quality of Life Director; Tina Kundig,
Finance Director; 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:
1. Public Employee Dismissal/Release—Government Code §54957
a. Consideration of an industrial disability retirement application of a public
safety employee
2. Conference with legal counsel: Anticipated Litigation - Government Code
§54956.9(b)(2)(c) -Four Cases
a. Facts and Circumstances — consideration of a claim by Sarnia Fisher and
Geico Insurance as subrogee of Sarnia Fisher
b. Facts and Circumstances — consideration of a claim by Amanda Dawn
Emmanuel and Wawanesa Insurance as subrogee of Shirley Robinson
c. Facts and Circumstances — consideration of a claim by Progressive
Insurance as subrogee of Craig Dobler
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d. Facts and Circumstances — receipt of a threat of possible litigation from a
City employee
3. Conference with legal counsel: Existing Litigation - Government Code
§54956.9(a) - Two Cases
a. Shelly Rodriguez v. City of Redlands et al, San Bernardino Superior Court
Case No. CIVDS 1016720
b. Stephen W. Rogers v. City of Redlands et al, San Bernardino Superior
Court Case No. CIVDS 1016381
The meeting reconvened at 6:02 P.M. with an invocation by Mayor Aguilar
followed by the pledge of allegiance to the American flag.
CLOSED SESSION REPORT:
City Attorney McHugh announced, by a vote of four to zero, the City Council
approved an industrial disability retirement application of a public safety employee.
PRESENTATIONS:
Redlands Animal Shelter— Animal Control Volunteers Cyndy Dunham and Juan
Nunez introduced "Hartz", a year and a half old male pinscher/dachshund mix,
who is available for adoption, with forty other dogs and thirty-seven cats, at the
Redlands Animal Shelter. Ms. Dunham informed the Council sixty-four dogs
and thirty-three cats have been adopted since the last City Council meeting.
Anniversary Celebration Sponsors — Mayor Aguilar and Mayor Pro Tem Foster
presented recognition gifts to the major donors to the 125th Anniversary
Celebration. Diamond Sponsors ($10,000): Redlands Noon Kiwanis, Kaiser
Permanente, and the University of Redlands; Emerald Sponsors ($5,000): EMS
and the Redlands Rotary Clubs; Ruby Sponsors ($1,000): American Legion Post
106, Arrowhead Orthopedics, B&G American Contractors, Eadie & Payne,
Flamingo Lounge, Gary Wuchenich, Jean Showalter Insurance, Jerry & Brenda
Bean, L&L Environmental, La-Z-Boy Furniture, and Redlands Teachers
Association; and Sapphire Sponsors ($500): Bob & Karen Gardner, HDR
Engineering, Pete Aguilar, and Rettig Machine.
PUBLIC COMMENT:
Congressional Representation — Sarah Benoit, from the office of Congressman
Gary Miller, Representative of the 31St District, introduced herself, offered her
assistance in any matters under the Congressman's jurisdiction, and provided her
contact information. She also mentioned her office is looking for a college-aged
student intern to work for and learn about government service experience.
February 5,2013
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Gun Control — Adrian Asencio voiced his opposition to any efforts to legislate
infringement on the citizens' right to own guns.
ANNUAL COMMISSION REPORT:
Human Relations Commission — Ed Gomez, Chairman of the Human Relations
Commission, reviewed the goals and activities of the Commission during 2012.
The Commission has given priority to addressing literacy, youth outreach and the
needs of area veterans. Events of the past year sponsored and supported by the
Commission include the Christmas Block Party, a memorial held in observation
of the one year anniversary of an area shooting incident, Martin Luther King
memorial observation, and the annual Cesar Chavez Breakfast. Mr. Gomez
concluded his report with a request to have the Commission meet more frequently
than what is currently every other month.
CONSENT CALENDAR
Minutes - On motion of Mayor Pro Tem Foster, seconded by Councilmember
Gilbreath, the minutes of the regular meeting of January 15, 2013 were approved
as submitted.
Ordinance No. 2785 — Sign Code - On motion of Mayor Pro Tem Foster,
seconded by Councilmember Gilbreath, the City Council approved the adoption
of Ordinance No. 2785 amending Chapter 12.55.070 to the Redlands Municipal
Code establishing regulations for vertical pole banners and expanding the
permitted locations for A-frame signs.
Ordinance No. 2780 — Social Host Liability - On motion of Mayor Pro Tem
Foster, seconded by Councilmember Gilbreath, the City Council approved the
adoption of Ordinance No. 2780 adding Chapter 9.30 to Redlands Municipal
Code to establish social host liability.
Criminological Research - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved an amendment to an
agreement between the City of Redlands and the Police Foundation to conduct
criminological research. The amendment increases the allocated budget for a
National Institute of Justice grant funded project to allow the Police Foundation to
complete the project consistent with a revised timeline specified by the funding
agency.
Criminal Record Sharing - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved an agreement between the
City of Redlands and the San Bernardino County Probation Department to share
criminal offender record information.
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ABC Mini-Grant - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved the acceptance of a
Department of Alcoholic Beverage Control (ABC) mini-grant for local law
enforcement agencies and the additional appropriation to the Police Department
in the amount of$7,500.
Paramedic Training - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved an agreement between the
City of Redlands and the National College of Technical Instruction to provide
field externship training to paramedic students.
Technology Assessment - On motion of Councilmember Gilbreath, seconded by
Mayor Pro Tem Foster, the City Council approved a non-disclosure agreement
between the City of Redlands and ClientFirst to protect sensitive city department
information during a City-wide technology assessment being performed by
ClientFirst.
Tree Trimming/Removal Access - On motion of Mayor Pro Tem Foster, seconded
by Councilmember Gilbreath, the City Council approved an agreement between
the City of Redlands and the Morris, Richard M. & Susan K. Living Trust to
allow entry upon land and release for tree trimming and/or tree removal activity
associated with clearing a field of vision for a video surveillance camera to
adequately view a cold weather shelter at the Salvation Army facility located at
833 Alta Street.
Anniversary Video - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved an agreement between the
City of Redlands and Work and Play Productions for a 125th Anniversary
documentary video including a joint authorship provision to allow Work and Play
Productions to market the final product.
Agreement Termination—At the request of staff, this item was removed from the
meeting agenda.
Resolution No. 7252 — Bond Compliance Procedures — On motion of Mayor Pro
Tem Foster, seconded by Councilmember Gilbreath, the City Council approved
Resolution No. 7252 approving post issuance compliance procedures for bonds.
Resolution No. 7251 — Signing Authority_— On motion of Mayor Pro Tem Foster,
seconded by Councilmember Gilbreath, the City Council approved Resolution
No. 7251 authorizing the Municipal Utilities and Engineering Director to sign and
submit an application to the U.S. Department of the Interior, Bureau of
Reclamation, for a WaterSMART grant and designating the City Manager as the
authorized signatory for the grant agreement.
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Proclamation - On motion of Councilmember Gilbreath, seconded by Mayor Pro
Tem Foster, the City Council approved a proclamation declaring February 2013,
as Ameriean Heart Month.
Commission Appointment - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved the appointment of Richard
Hernandez to serve the remainder of an unexpired term on the Municipal Utilities
and Public Works Commission ending November 16, 2016.
COMMUNICATIONS
Council Liaison — On motion of Mayor Pro Tem Foster, seconded by
Councilmember Harrison, the City Council approved a list of liaison assignments
to the City's boards, commissions, committees and outside agencies as
recommended by Mayor Aguilar.
Anniversary Celebration Project — Mayor Pro Tem Foster provided an overview
of efforts by the Redlands Service Club Council and the Church of Latter Day
Saints to establish Heritage Park as a recreation area for the Redlands community.
In a "barn raising" fashion, 2,500 to 3,000 volunteers will gather at the Park on
April 27, 2013 to work on the Barton Schoolhouse and Grove School Farm,
install a flagpole, build a Zanja demonstration facility, fence the area and
construct entry landmarks. In preparation for this service day, the Park will be
graded for landscaping and Esri has donated trees and an irrigation system for the
entire area.
Significant Project Presentation — John Magness, of Hillwood Company,
presented details of a planned development to construct a 770,910 square foot
warehouse/distribution center on a 35.59 acre parcel located on the northeast
corner of California Street and Lugonia Avenue in the EV/SD (Special
Development) District of the East Valley Corridor Specific Plan.
PUBLIC HEARINGS (LAND USE:
Resolution No. 7250 - Beauticians and Day Spas - Mayor Aguilar opened the
public hearing and called for a report from Manuel Baeza, of the Development
Services Department, for background on a proposal to permit beauticians and day
spas within districts of the Downtown Specific Plan. On motions of Mayor Pro
Tem Foster, seconded by Councilmember Harrison, the City Council approved a
Negative Declaration for Resolution No. 7250 and Ordinance No. 2788, directed
staff to file and post a Notice of Determination in accordance with City of
Redlands guidelines, and approved Resolution No. 7250 amending Section III,
Table 1, Specific Plan No. 45, to permit Beauticians and Day Spas in the Town
Center (TC) and Town Center-Historic (TC-H) Districts of the Downtown
Specific Plan.
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Ordinance No. 2788 — Towing Yards and Day Spas - Mayor Aguilar opened the
public hearing and called for a report from Manuel Baeza, of the Development
Services Department, for background on a proposal to incorporate into the
Redlands Municipal Code, previous City Council determinations regarding
permitted uses in applicable zoning districts of the City and to permit towing
yards and day spas in certain districts. At the request of staff, and on motion of
Mayor Pro Tem Foster, seconded by Councilmember Harrison, the City Council
agreed to continue to February 19, 2013 at 6:00 P.M. this Public Hearing on
Ordinance No. 2788 to allow further refinement of the ordinance.
NEW BUSINESS:
Encumbrances and Carryovers — On motion of Mayor Pro Tem Foster, seconded
by Councilmember Gilbreath, the City Council approved additional
appropriations to the FY 2012-2013 Budget for the FY 2011-2012 year-end
encumbrances and carryovers.
Fee Waiver - Quality of Life Director Fred Cardenas introduced the item for
consideration. As a public comment, Dennis Bell expressed his opposition to the
waiver and asked why the estimated cost to the City of Redlands increased over
50% from the request submitted one year ago for the same event. On motion of
Mayor Pro Tem Foster, seconded by Councilmember Harrison, the City Council
approved a request from the Redlands Bicycle Classic for a waiver of all fees
associated with police and fire personnel, barricades, parking lots/structures, solid
waste services, and the City of Redlands stage for the 29th Annual Redlands
Bicycle Classic to be held April 4-7, 2013.
Maintenance and Repair Services — Jocelynn Santa Cruz, of the Quality of Life
Department, presented the staff recommendation for the award of contracts for
vehicle maintenance and repair services. On motions of Mayor Pro Tem Foster,
seconded by Councilmember Gilbreath, the City Council approved two service
agreements and rejected all bids for a third. An agreement between the City of
Redlands and Crest Chevrolet was approved for the provision of vehicle
maintenance and repair services in the amount of $150,000 for a period of one
year with two options to extend the agreement for one year each. An agreement
between the City of Redlands and Johnson Cat Machinery was approved for the
provision of specialty off-road, heavy equipment maintenance and repair services
in the amount of$200,000 for a period of one year with two options to extend the
agreement for one year each. At the recommendation of staff, all bids received
pertaining to service for solid waste, fire, on-road heavy and specialty street
equipment were rejected with the direction to amend and re-advertise the request
for bid for these services.
Trees Replacement — Quality of Life Director Fred Cardenas presented the staff
recommendation for the award of a contract to install and maintain two redwood
trees on Buena Vista Street near Brookside Avenue. As a public comment, Fred
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Ford and Brian Watkins asked for reconsideration of the type of tree used to
replace the redwoods. Representatives from the Redlands Seventh Day Adventist
Church, located at the sight of the planting, asked for a limit to the cost of the
project and the size of the replacement trees. After discussion, the consensus of
the Council was to return the item to staff for an alternative plan which would call
for the planting of smaller trees, selected from the Street Tree Pallet in
coordination with the Street Tree Committee, and charging the Redlands Seventh
Day Adventist Church $80,000 regardless of the cost of the project. Any
remaining funds, after efforts to "make the neighborhood whole" are
accomplished, will be used for replacement planting of trees throughout the City
of Redlands. As an additional public comment, Marie Louise Bosin asked for
equal treatment between developers and non-profit organizations in incidents
such as this.
Landfill Fence — Quality of Life Director Fred Cardenas presented the staff
recommendation for the award of a contract to install a security fence around the
California Street Landfill. On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved an agreement between the
City of Redlands and El Rod Fence Company, in the amount of$69,819, for the
installation of the security fencing to comply with regulatory requirements.
Heritage Park Grading — Quality of Life Director Fred Cardenas presented the
staff recommendation for the award of a contract for the Heritage Park Grading
Project. As a public comment, Bill Cunningham expressed his support for the
effort to complete Heritage Park as a recreation and education area for the citizens
of Redlands. On motions of Mayor Pro Tem Foster, seconded by Councilmember
Harrison, the City Council rejected a bid received from International Paving
Services, Inc. and approved an agreement between the City of Redlands and
Cooley Construction, Inc. in the amount of$138,965 for the grading of Heritage
Park and the additional appropriation of$72,865 in the Park Development Fund
for extra grading expenses, environmental monitoring and construction staking.
While voting in favor of the motion, both Councilmembers Harrison and
Gilbreath expressed concern about the remaining balance in the Park
Development Fund and the need for caution to protect other uses earmarked for
that money.
Stormwater Mana_eg ment — Ross Wittman, of the Municipal Utilities and
Engineering Department, presented the background on the City's participation in
the Opal Basin Improvements and the Judson Agricultural Preservation Project.
On motion of Mayor Pro Tem Foster, seconded by Councilmember Gilbreath, the
City Council approved a draft of a funding agreement between the City of
Redlands and the California Department of Water Resources for grant funding of
the projects to provide construction of flood control and aquifer recharge facilities
in San Bernardino County areas east of Redlands.
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Airport Apron Rehabilitation — Goutam Dobey, of the Municipal Utilities and
Engineering Department, presented the background on the Redlands Municipal
Airport Apron Rehabilitation Project. On motions of Mayor Pro Tem Foster,
seconded by Councilmember Gilbreath, the City Council agreed the approval of
the agreement and construction of the Project Phase II is categorically exempt
from environmental review in accordance with California Environmental Quality
Act guidelines, the Phase II plans and specifications, and awarded a contract, in
the amount of$545,000, to Matich Corporation for the work.
Temporary Employ - On motion of Mayor Pro Tem Foster, seconded by
Councilmember Gilbreath, the City Council approved a second amendment to an
agreement between the City of Redlands and Arrow Staffing for temporary
workers. The amendment increases the contract amount from $100,000.00 to
$200,000 to cover unanticipated temporary staffing costs.
COUNCILMEMBER ANNOUNCEMENTS AND ACTIVITIES:
Free Clinic — Mayor Aguilar, Mayor Pro Tem Foster and Chief Garcia attended
the opening of the New Hope Free Clinic at the Blessing Center.
Anniversga Update—Mayor Pro Tem Foster attended the regular Thursday noon
meeting of the Rotary Club of Redlands, provided members there an update of
activities planned for the 125th Anniversary Celebration, and looks forward to the
Club's support through the year of events.
Orientation — Councilmember Gilbreath had meetings with Don McCue, the new
Director of the A. K. Smiley Library, to discuss the future of library services;
with Development Services Director Orci, Economic Development Manager,
Mike Nelson, to discuss downtown issues; and with the Advisory Council to the
San Bernardino County to discuss plans in that area.
Service Project— Councilmember Gilbreath gave a progress report on the Sunrise
Rotary work project, planting trees at the Mission Gables property at Eureka
Street on January 19, 2013.
Fundraising - Councilmember Gilbreath reminded everyone of the Redlands
Sunrise Rotary's Crab n' Jazz event to be held on Friday, March 1, 2013 at the
Edwards Mansion and also announced she will be dancing at the Redlands
Symphony Gala fundraiser this year.
ADJOURNMENT:
There being no further action required the meeting adjourned at 8:20 P.M. The
next regular meeting of the City of Redlands City Council will be held on
February 19, 2013.
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