HomeMy WebLinkAbout2022_08_02 - SpecialMINUTES
Special meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center,
35 Cajon Street, on August 2, 2022 at 6:00 P.M.
Present: Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman -Lowery, Council Member
Mick Gallagher, Council Member
Staff: Chris Boatman, Assistant City Manager; Yvette M. Abich Garcia, City Attorney;
Jeanne Donaldson, City Clerk; Brian Desatnik, Development Services Director; Carl
Baker, Public Information Officer
Mayor Barich called the special meeting to order and explained that comments could be
presented in -person, via Zoom, via cell phone or landline. He offered the public an
opportunity to address them on any matter scheduled on this agenda or any matter,
within the jurisdiction of the City Council.
PUBLIC COMMENT
None forthcoming
CONSENT CALENDAR
Minutes
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise
Davis, the City Council unanimously approved, by roll call vote, the minutes of the July
19, 2022 regular meeting.
Vote: 5 - 0 Passed
Resolution No. 8381 Remote Teleconference Meetings
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise
Davis, the City Council unanimously approved, by roll call vote, Resolution No. 8381
authorizing remote teleconference meetings by the City Council and all Boards,
Commissions, and Committees of the City in accordance with Assembly Bill 361 (2021)
for a period of 30 days.
Vote: 5 - 0 Passed
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Resolution Nos. 8377 and 8378 U of R Second Modified Alternative Measure
Council Member Gallagher recused himself from voting on this item due to property
ownership near the identified parcels in San Timoteo Canyon. Following the City Council's
action on July 19, 2022, city staff noted a minor typographical error in the Modified
Alternative Measure language referring to Figure 4-3 of the General Plan as the "Southwest
Area" instead of the "Southeast Area".
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis,
the City Council approved Resolution No. 8378, adopting a request by the University of
Redlands to place the Second Modified Alternative Measure as a City -initiated measure on the
Ballot for the November 8, 2022 General Municipal Election (correcting the minor
typographical error); adopted Resolution No. 8377 to withdraw the Modified Alternative
Measure (as approved July 19, 2022) from the ballot and repeal Resolution Nos. 8374 and 8375;
Determined that placement of the Second Modified Alternative Measure is exempt pursuant to
Section 15061(b)(3) of the California Environmental Quality Act Guidelines; and Calling and
giving notice of the holding of a General Municipal Election and requesting the Board of
Supervisors of the County of San Bernardino consolidate said election with the Statewide
Election on November 8, 2022.
Vote: 4 - 0 Passed
Other: Council Member Mick Gallagher (RECUSE)
Resolution No. 8379 Priorities for Filing of Written Arguments
On motion of Mayor Pro Tempore Eddie Tejeda, seconded by Council Member Denise Davis,
the City Council unanimously approved, by roll call vote, Resolution No. 8379 setting priorities
for filing of written arguments regarding the Second Modified Alternative Ballot Measure; and
designated Paul T. Barich to submit the primary argument in favor of the measure.
Vote: 5 - 0 Passed
NEW BUSINESS
Ordinance Nos. 2941 and 2942 Regulating the Termination of Residential Tenancies
City Attorney Abich Garcia presented Urgency Ordinance No. 2941 and Ordinance No. 2942,
adding Chapter 9.38 to Article 9 of the Municipal Code regulating the termination of
residential tenancies due to demolition or substantial remodel. She explained this was a
continuation of a discussion from the July 19, 2022 meeting where the Council heard from
tenants of two local apartment complexes that reported they were being evicted by the
property owners based on substantial remodeling planned at the sites. During that meeting, the
Council directed that an ordinance be brought for their consideration. Key points of the
ordinances, include the following: The property owner must obtain all permits related to
demolition or substantial remodel of a rental unit prior to issuing a notice of eviction to a
tenant(s); The notice of eviction must include a copy of the permits and an explanation: 1) of
the scope of the work; 2) why the work cannot be reasonably accomplished in a safe manner
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with the tenant in place; and 3) why the work requires the tenant to vacate the premises for a
least 30 days; When the owner issues a notice of eviction for demolition or substantial
remodel, the owner is required to provide relocation assistance in the amount of two (2)
months' rent or $4,500, whichever is greater, to the tenant within 15 calendar days of the
notice of eviction; and lastly, if the owner is found by a civil court to have intentionally
violated these regulations, the owner will be liable for up to $15,000 and/or attorneys' fees to
each tenant as determined by the court.
With the Council's approval, the Urgency Ordinance would take effect immediately, while
Ordinance No. 2942 contains the same provisions as the Urgency Ordinance, it will serve as a
"back-up" or non -urgency ordinance in case of legal challenges to the Urgency Ordinance.
Ordinance No. 2942 will follow the regular adoption process and is scheduled to come back to
the Council on September 6, 2022.
As public comment, Selina Gonzales, John Weekley, Justin Weekley, Cynthia Noren, Kayla
Hardemen,Tarun and Scott Fowler supported the urgency ordinance, questioned why tenants
would be required to vacate the premises during renovations, described the difficulties of
finding affordable housing and thanked the City Attorney and staff for bringing this matter
before the Council so quickly. Andy Hoder recommended finding a balanced approach, one
that could provide the property owner with the right to a reasonable return on investment and
at the same time offer some protection for the renters. Representing Doug Wetton Properties,
Doug Wetton, Joe Shipley, Michael Drews and Todd Haig stated the properties under
discussion were older and needed extensive renovations. They were not opposed to the
ordinance in general, but the relocation fee of $4,500 was burdensome and could force the
owner to cut back on proposed renovations.
Council Members discussed the merits of the two ordinances and provided their own thoughts
and perspectives. Council Members Guzman -Lowery and Davis agreed the top duty of the
City Council was to protect the public and these ordinances provided an opportunity to offer
tangible assistance, prevent displacement of residents and make an impact on homelessness.
Council Member Gallagher stated a property owner should be allowed to make improvements,
but he was concerned the relocation assistance payments would be an added burden and may
discourage owners from investing in the community. Mayor Pro Tem Tejeda and Mayor
Barich supported the provision to require landlords to obtain permits before moving forward
with renovations. In response to several questions raised by Council Members, City Attorney
Abich Garcia clarified the Urgency Ordinance would apply to any notice of eviction that was
issued on or after the effective date of the Urgency Ordinance and to tenants. 1) who received
a notice of eviction of their tenancy for demolition or substantial remodel; 2) who are in
possession of the rental unit; and 3) where the time period in the notice of eviction has not yet
expired.
On motion of Mayor Pro Tempore Tejeda, seconded by Council Member Davis, the City
Council approved, by roll call vote, to waive further reading of Urgency Ordinance No. 2941;
adopted Urgency Ordinance No. 2941; determined that the Ordinance is categorically exempt
from environmental review in accordance with Section 15301(c)of the State's guidelines
implementing the California Environmental Quality Act.
Vote: 4 - 1 Passed
NAY: Council Member Mick Gallagher
On motion of Mayor Pro Tempore Tejeda, seconded by Council Member Guzman -Lowery,
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the City Council approved, by roll call vote, to waive further reading of Ordinance No. 2942;
approved to introduce Ordinance No. 2942; and determined that the Ordinance is categorically
exempt from environmental review in accordance with Section 15301(c)of the State's
guidelines implementing the California Environmental Quality Act.
Vote: 4 - 1 Passed
NAY: Council Member Mick Gallagher
Mayor Barich recessed the meeting at 7:19 P.M.
RECESS TO CLOSED SESSION
Conference with real property negotiators - Government Code §54956.8
(Assistant City Manager Boatman)
Property:
Agency
Negotiators:
Negotiating
Parties:
Under Negotiation:
Vacant Property; APN 0292-341-26
Chris Boatman
GRD Enterprises, LLC
i
Terms of payment and price of possible purchase of real property
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 7:28 P.M.
CLOSED SESSION REPORT
City Attorney Abich Garcia announced that no reportable action was taken during the closed
session.
ADJOURNMENT
There being no further action required the meeting adjourned at 7:29 P.M. The next regular
meeting of the City of Redlands City Council will be held on September 6, 2022.
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