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HomeMy WebLinkAbout11211978-cc_CCv0001.pdf of a regular meeting of the City Council, City of Redlands, held in the Council Chambers, Safety Hall, 212 Brookside Avenue, on November 21, 1978, at 7 :00 P.M. Planning Commission Items 3 :00 P.M. Oddie J. Martinez, Jr. , Mayor Charles G. DeMirjyn, Councilman Warren R. Elliott, Councilman Redlands City Employees ` Association: Ron Mutter, $250. 00 (safety dures for employees working on public streets) , Edward Marchigiani Awards Steve Jirsa, $75.00 each, (private vehicle rental and elimination e City equipment) , Joe Schultehenrich, $50 ,00 (:installation of safety ligl Employees industrial equipment) , and Ralph Crossland, $50. 00 (parking of priN and City vehicles at City Yard) . Mr . Robert Shelton, President of the Association, pointed out that money for these awards came directly from the treasury of the Redlc City Employees ' Association and hopefully, through this program, tt will be able to cut expenditures in some areas and thereby keep wit spirit of Proposition 13 . Minutes of the regular meeting of November 7, 1978, were approved z submitted, BIOS The following bids were opened and publicly declared by the City C1 10:00 A.M. this date for the sale of real property located on the west corner of Olive Avenue and San Mateo Street. Surplus Franklin D. :Barnes Property Redlands, California $50 .00 A public hearing will be held later this evening at which time Cour may act on this matter . The Public Works Department was authorized at the October 17 , 1978, meeting to re-study the requirements and re--advertise for bids for in Sylvan Park.. The following bids were opened and publicly declax the City Clerk at 10.00 A.M. this date for this project : Sylvan Park Lighting Nowell Construction Company Picnic Areas $ 39,00( Bloomington, California Walkways 28, 00( :Bowling Green & Volley Ball Court 20_t00( $ 87 , 00( Inland Contractors Picnic Areas $ 49, 90€ Redlands, California Walkways 28, 75( Bowline Green & Volley Ball Court 23, 31( $102, 56E ``hese bids will be referred to the County Office of Community Bevea for study and recommendation. PUBLIC HEARINGS Resolution No. 3538, a resolution of theCity Council declaring that ; Resolution real property located on the southwest corner of Olive Avenue and w No. 3538 is no longer required for public use, authorized a public hearing t 3543 a xx a vxx w xx uxx Brat LiC czL 17 L11S ct11U riVC illA eLllCi Sid #a lC�L1eAL£' Alessandro Road as a collector street between Crescent Avenue and San � t T"imoteo Canyon Road. Mayor Martinez declared the meeting open as a public hearing for any questions or comments concerning this amendment to the General Plan. None being forthcoming, the public hearing was declared closed, and Resolution No. 3543 was adopted on motion of Councilman Elliott seconded by Councilman DeMirjyn, by AYE votes of all present. Public hearing was advertised for this time and place on Resolution No. 3544, a resolution of the City Council finding that portions of Stanford ion Street are unnecessary for present or prospective street purposes and 3544 ordering the vacation of said portion. Mayor Martinez opened the meeting as a public hearing for any questions or comments concerning this street :d vacation. None being forthcoming, the public hearing was declared closed,, and Resolution No. 3544 was adopted on motion of Councilman DeMir_]yn,sec- ended by Councilman Riordan, by AYE votes of all present. Public hearing was advertised for this time and place on Resolution No. 3545, a resolution of the City Council finding that portions of Terrace "ion 345 Street are unnecessary for present or prospective street purposes and ordering the vacation of said portion. Mayor Martinez opened the meeting as a public hearing for any questions or comments concerning this street _. vacation. Nona being forthcoming, the public hearing was declared closed„ and Resolution No . 3545 was adopted on motion of Councilman Elliott., sec- onded by Councilman Riordan, by AYE votes of all present.. Public hearing was advertised for this time and place on Ordinance No. 1668, an ordinance of the City of Redlands which establishes a change of zone from A-1 (Agriculture) .District to R-S (Suburban Residential) District ide for approximately 14 acres of property located on the northwest corner of ii Highland Avenue and LaSalle Street. Mayor Martineau declared the meeting open as a public hearing for any questions or comments concerning this zone change. None being forthcoming, Ordinance No. 1668 was adopted.., with: waiver of the reading of the ordinance in full, on motion of Councilman DeMirjyn, seconded by Councilman Elliott, by the following roll call. vote. AYES : Councilmembers DeMirjyn, Elliott, Riordan; Mayor Martinez NOES : None SENT : Councilmember Knudsen Public hearing was also advertised for this time and place on Ordinance No. 1669, an ordinance of the City of Redlands amending the Redlands Ordinance'. Code and Subdivision Ordinance No. 1562, Section 10, entitled Expiration ice , ;g of Tentative Map Approval. Mayor Martinez declared the meeting opened as a public hearing for any questions or comments concerning this ordinance. ', None being forthcoming, the public hearing was declared closed and Ordi.n-- . ion ante No. 1669 was adopted on motion of Councilman Riordan, seconded by questionable assistance from the State next year . In closing, Lir . urged the Council to adapt Proposition R - Initiative ordinance to the Growth Within the City of Redlands - as it is written and was v November 7, 1978, as an "Urgency ordinance" . Interimon motion of Councilman .DeMirjyn, seconded by Councilman Elliott, B ordinance Measure R - Initiative ordinance to Moderate the Rate of Growth Wit No. 4 City of Redlands to Preserve the City' s Unique Environment and Char Proposition was adopted, by .AYE votes of all present, as an urgency ordinance, "R" Ordinance No. 4. Mr. Anthony Martinez of 1.142 North Sixth Street renewed his request last meeting for use of Community Center for meetings through tecen Community 1979. Council explained the problem of committing a City facility Center group for such an extended time, and approved the use on a month-tc basis , so long as there is no conflict, on motion of Councilman BeN seconded by Councilman Riordan. Co- ISSION RECOMMENDATIONS PlanningCommission - Planning Session minutes at end of this segme , fie 1.72,,,,... Recreation Commission - Councilman Riordan reported that the Commis expressed regret at Bud Shirtcliff " s resignation. Also, that the ME are attempting to restructure the department. Co UNI CAT IONS Council acknowledged receipt of the certification from Willi-am H. C Registrar of Voters, of election results for the City of Redlands E Municipal Election held on November 7, 1978, showing the following Election Ballot Measure R: Initiative ordinance to Moderate Yes Results growth within the City of Redlands 9172 Ballot Measure S : Development of 200 Additional. Units of Senior Citizen Housing 9291 Ballot Measure B: County Sponsored Trow Rent Housing 9090 NEW BUSINESS Resolution Resolution No. 3546, a resolution of the City Council establishing No. 3546 criteria for removal of lands from within the Agricultural Preserv( Agricultural rescinding Resolution No. 3376, was adopted by AYE votes of all pr( ° Preserve on motion of Councilman Elliott, seconded by Councilman DeMirjyn. Removal man Riordan stressed the importance of Item 5 - Fencing an Agriculi Preserves . (This had been committed to Lou Stolp) . 4. There are numerous date changes requested as a result of request numbers 1 and 2 above. Also some clarification of wording of no significance. ice Ordinance No. 1670, an ordinance of the City of Redlands amending the 5707 Redlands Ordinance Cade and Ordinance No. 16076, Parking hots, was given 4; first reading of the title and laid over under the rules with second reading set for December 5, 2978. -ion On motion of Councilman DeMirjyn, seconded by Councilman Elliott, Re olu 3547 tion No. 3547, a resolution of the City Council establishing a schedule ndnt of fees to be charged by the Redlands Police Department was adopted by AYE votes of all present. \NAGER A request for waiver of the water system installation for Minor Subdivi-- Lion cion No. 28 by Dr. Craig Northcutt was granted by AYE vete, of all presents., on motion of Councilman DeMirjyn, seconded by Councilman Riordan. 1 On motion of Councilman DeMirjyn, seconded by Councilman Riordan, Council , approved by AYE votes of all present, amending Sewer Section Requirement No. 5 for Tentative Tract No. 10084 to read as follows : "Install sewer in LV, e Texas Street between Pioneer Avenue and San Bernardino Avenue or pay a 784 proportionate share of installation cast, if at the time of requesting final approval of the tract map such sewer has been previously installed by others. Similarly, if this sewer is installed by Tract No. 1.0084, the City will charge subsequent tracts similarly benefited a proportionate cost and will reimburse the developer who installed this sewer as such sums are collected. " Following discussion of the can-going maintenance costs, in order to ensure compliance with federal regulations, Council approved by AYE votes of all present a maintenance and Operation Agreement to be completed prior to the wnt allocation of Community Development funds on motion of Mayor Martinez, seconded by Councilman Riordan. On motion of Councilman DeMirjyn, seconded by Councilman Elliott, by AYE votes of all present, Council named the city-awned park at fifth and State Streets "Central Park" following a brief presentation by Mrs. Ruth Patton. The request from the Boy Scout Troop No. 10 for a lease renewal, at no coast, for a five -acre parcel of property located on the east side of Amethyst Avenue, north of Highway 38, was approved by AYE votes of all orP.q nt . on motion of rY")17T' of l mAn ng=, i Y-Wn ormnr+ I rnnn Y ,^,-eAns Funds Council approved an additional appropriation in the amount of $928. pay for overtime and meals for employees of the Police Department Police vided extra security at Ford Park. on November 5, 1-978, on motion of Department man DeMirjyn, seconded by Councilman Riordan, by AYE votes of all The request to change Reservoir Road ' s name was referred to the Plz Street Commission for recommendation by AYE votes of all present on mot or Name Change Councilman Riordan, seconded. by Councilman DeMirjyn, Councilman El pointed out that this was located in Reservoir Canyon. On motion of Councilman DeMirjyn, seconded by Councilman Riordan., C Option "B" approved by AYE votes of all present an Option "B" Water Contract j Water. Contract name of Bennett R. Curtis and authorized the Mayor and City Clerk i in behalf of the City. Declarations of Dedications for street right-of-way purposes in cor Declarations with the development of C.U.P. No. 302 were accepted by AYE votes c of present from Leroy and Helen Hansberger and Wilmer J. and Janine Er Dedications and. Wilmer J. and ,ranine Engevik on motion of Councilman DeMirjyn, by Councilman Riordan. Council authorized the Mayor and City Clerk to execute a quitclaim Quitclaim drainage easement in connection with Tract No. 9777 to Casa Bonita it ai.nagc Easement. tion Corporation on motion of Councilman DeMirjyn, seconded by Cour Riordan, by AYE votes of all present. Drainage An easement for drainage purposes from Casa Bonita Construction Col Easement in connection with Tract No. 9777 was accepted by Council on motion Case Councilman DeMirjyn, seconded. by Councilman Riordan, by AYE votes c Bonita present. On motion of Councilman DeMirjyn, seconded by Councilman Riordan, Easementmeat :for drainage purposes in connection with. 'Tract No. 9883 from G Henderson and Alwilda Henderson was accepted by AYE votes of all present. Two claims against the City filed by Cordon Donald and John Richarc Claims denied in routine manner and referred to the City ' s insurance carr: motion of Councilman Elliott, seconded by Councilman DeMirjyn. Mayor Martinez announced that on December 7, 1978, between the hou three and five o ' clock., the City Council will hold a reception hon( Reception City Manager and Mrs. Christiansen. This will be held in the Lyon Gallery in Smiley Library, PoliceCouncilman DeMirjyn stated that a police officer had been on the R( Officer : High School campus full-time last year and was needed again this y( High School requested Council consider this. memoranaum Lrom Yuoiic Works Director ,,Tack Shetchik Require construction of that portion of the water system within Sunset Drive, require Dr . Northcutt to grant a 15 ' wide easement across Parcel inion 1 to facilitate future construction of a water system to serve Parcel 2, and require Dr. Northcutt to execute an agreement providing for construc- tion of the required water system to Parcel. 2 at such time as Parcel. 2 is actually developed. The agreement would be a recorded document that could run as a covenant with the property. The water system required in Sunset Drive must be completed prior to development of .Parcel I to provide' adequate fire protection for the home Dr. Northcutt proposes to construct on Parcel 1. qG COMMISSION RECOMMENDATIONS Planning Commission recommendations as considered by the City Council at a regular meeting thereof held on November 21, 1978, at 3 :00 P.M. t Councilmembers DeMirjyn, Elliott., Riordan, Mayor Martinez; City Attorney Taylor, Attorney Atkins Councilmember Knudsen Interim Ordinance No. 3 - Ratification Before considering the Planning Commission agenda, the Council discussed Iterim Ordinance No. 3 -- An Iterim Ordinance of The City of Redlands Amending Ordinance 1562 To Prohibit Condominium Conversions - adopted October 17, 1978. On motion of Councilman DeMirjyn, secondee by Council.- ' mean Elliott, Council ratified this ordinance by AYE votes of all present. j Variance No.. 232 and Minor Subdivision. No. 5 - John Sabol That the request for approval of variance and minor subdivision of prop- erty located between. Texas and Lawton Streets, approximately 98 .feet north of Western Avenue (1212 Texas Street) , be approved subject to the recom- mendations of all departments as outlined in Planning Commission minutes dated November 14, 1.978, and the following requirements : 3b, Building and Safety Department recommend the area be cleaned up, required carports be constructed, necessary areas be properly paved; permit and inspection be made for garage conversion; and adding that the carport be located as close to the house as possible in compliance with the Redlands Code requirement. On motion of Councilman DeMirjyn, seconded by Councilman Elliott, Variance! No, 232 and Minor Subdivision No. 56 were approved by the City Council. Council Referral Items Councilman DeMirjyn Council then considered some of the ;items referred to Planning Commission ; by Councilman DeMirjyn on October 31, 1978. Item No. 1 . Councilman Riordan stated that she had expected to see the grading ordinance which was tabled on July 18, 1978 brought to Council ": again. Her concerns at the time of tabling were chiefly the problems of homes being placed excessively close to cuts in hillsides . Item No. 8. Mr. Schindler explained that there was a variety of lighting " available to prevent monotony. Item No. 9. A requirement of standpipes to be installed by homes in the fire prone areas was also discussed. Mr. Donnelly was asked to bring back a recommendation as soon as possible. Other .:Mems for Council Consideration aii.owea unaer tree initiativee- Schindler (in response to question) : "These were listed as agenda 1, 3 , 4, 5, 6, and 7. 4 and 5 are a type of condominium; 6 has 19 and 7 has 35 units in apartments. " Riordan: "The people, in adopting Proposition R, were concerned w- subdivisions primarily. I feel that 27 lots and 37 lots is not a erable number, hence I would have to vote against continuing final approvals to the next meeting. " In answer to Mayor Martinez ' question about the intent of paragrapl of the initiative, Mr. Taylor responded that multiple family units be considered apartment houses (if more than four units) . Schindler: "Multiple family permits this year = 4007 from 1975 to 1, 1978, the City had about 99. " Mr. DeMirjyn stated that. apartment complexes generate traffic co g( If approved subsequently, how great is the threat of liability? Atkins (in response to this question) : "The threat of litigation r high, but liability is questionable. " Elliott: "Considering the wrath of 9,000 voters, and having waitec majority of voters to speak, with that thought in mind, I will see( motion. " Riordan: "Litigation would be a serious matter. I feel strongly 1 would be doing a disservice to many more people by opening ourselv( litigation. I will wait for Mr. Tyalor ' s opinion on the matter, continue these matters to after November 30, they would be put und( Taylor: "I don 't think you would have any liability for continuin(, sideration of a tract map to a subsequent. meeting. A developer woi no ground to hold you responsible for damage if he were one of the units subject to Proposition R. A Council is not required to 'Act simply to please an applicant, but applicants are entitled to know their tracts are not being denied or approved. "You as a legislative body have the right to make such governmenta.' sons. Your decision on pending subdivision maps should riot be po" based solely upon passage of the initiative, Proposition R. You m� a delay for further study of the matter. The applicant is entitle( have his map judged on the basis of compliance with the City ' s reek and conditions. You have a right to continue the matter for the Pi of more thorough study and consideration of such requirements and tions. " DeMirjyn: "I include a study of traffic, a thorough study of all, tions attached to final approval, and traffic, as grounds for my m( continue. Elliott : "Some of my concerns are for fire and police service to i the City. " Vince DiBiasi : "I wish.you to know I have posted $35, 000 in bonds i all requirements in good faith, and am here trying to meet a deadl: Charles F. Privus, Tract No. 9733 - Pratt : "In the last ten days, spent an astronomical amount of time, $234, 000 in cash bond; $235, ( invested = $472,000 invested and City fees of $13 , 000 . 1 was led this would simply be a formality and that the Surety Bond put us it position to go final. I borrowed $230, 000 in order to be here tod; cannot believe what is happening to me. " The vote on Mr. DeMirjyn ' s motion for continuation of Items 1, 3, Tract No. 9868, Phases i_ & 2 -- Sv Brame -- Final Anroval All requirements as outlined in Council minutes dated July 19, 1977, hav- : ig been complied with, it is the recommendation of the Planning Depart- ment that final approval be given "tract No. 9868, Phases 1 and 2. Mayor Martinez moved for approval, seconded by Councilman Riordan. This motion , failed by the following vote: AYES : Councilmember Riordan; Mayor Martinez NOES : Councilmembers DeMirjyn, Elliott ABSENT: Councilmember Knudsen Tract No®. 10013 - Nin ora Construction Com an - Final- A royal All requirements as outlined in Council minutes dated November 15, 1977, having been complied with, it is the recommendation of the Planning Depart- ment that final approval be given 'tract No. 10013 . Mayor Martinez moved for approval, seconded by Councilman Riordan, This recommendation of the Planning Department failed by the following vote: AYES : Councilmember Riordan; Mayor Martinez NOES : Councilmembers DeMi S. Apa 1 Hca Planning Commis ion. Decision - Malibu Construcion g_qKpca On October 18, 1978, the firm of Hicks and Hartwick filed an appea decision of the Planning Commission rendered on October 10, 1978, unanimously denied tentative approval of Tract No. 10221 for the r that the City must have a condominium Conversion ordinance. 'Phis was signed by Geoff Palmer as appellant. Councilman DeMirjyn gave support to the recommendation of the Plan Commission as to the need for a condominium conversion ordinance, moved to ratify Iterim Ordinance No. 3 entitled "An Interim Ordina the City of Redlands Amending ordinance No. 1562 to Prohibit Condos Conversions" adopted on October 17, 1978. This motion, seconded b cilman Riordan, was adopted by AYE votes of all present. Mr. Martin Stolzoff, a partner of the applicant, Malibu Constructi, Corporation, addressed ,-,the Council at length. He reviewed in deta plans for conversion of the Kimberly Apartments to condominiums, t' schedule, and the assistance to be given tenants who move. He elal on the problems and delays encountered by his firm since June, 197 escrows, suits, and irate tenants. Mr. Stolzoff stated that in his opinion there would be tax benefit City. He took exception to the stated requirements of the City Zo,, Ordinance for two parking places per unit for occupants and one-ha ing place per unit for guest parking. He criticized Planning Dir Schindler and also questioned requirements of the Building Code. Councilman DeMirjyn requested Mr. Stolzoff to omit references to p, alities if he continued. Mr. DeMirjyn explained that the City Coin was considering this matter with an open mind; that this was the C first and only application for condominium conversions; that the C works diligently; and that Planning Director Schindler and the Plat Commission have stated that the City needs a condominium conversiol ance. Mr. Kaufman stated that the firm was agreeable to bringing the bui up to the requirements of the Building Code in effect at the time original construction in 1964, and it was not going to meet only t" mum standards. Mr. Kaufman questioned any requirement of complyim the present Building Code requirements and added that his firm can required to do so under the law in connection with a change of own, Director of Planning and Community Development Schindler reported I on a meeting of ASPO American Society of Planning Officials - in polis in 1977 in which an entire session was devoted to condominiul sions.a lie added that he had no objection to conversions, but that of Proposition 13, there was no particular benefit to the City. Mayor Martinez then explained that the minutes of the Planning Comi stated very clearly that tentative approval was denied because of , by the City for an ordinance to cover this procedure for convertin miniums. Mr. Stolzoff replied that his firm had acquired the apartments for minium, conversion and that when a firm does expend monies for a sp, purpose they should be entitled to a hearing. He then referred to Subdivision Act and requested findings today with Council ' s decisi( in closing apologized for offending the Council. City Attorney Taylor stated that the Council should establish,, as for prohibiting processing of applications and maps, the need for preparation of guidelines and ordinances applicable to condominium sions. Even after a party has come forward and seeks tentative ap] a subdivision map, Section 65858 allows adoption of an iterim Ordil such as that under discussion- Councilman DeMirjyn: "I accept this addition to the motion. " This was also accepted by Councilman Riordan* This motion was adopted by AYE vote of all present. Pro osed Zone Chan e Councilman Riordan reminded the Council.members that they had considered preparation of a change of zone for up-grading zoning for two areas : The Dwight Street, Halsey Street, Knoll Road, Prospect Drive, and small streets area (surrounding Mrs. Shire 's property) and the second, a zone change to protect the large properties on Halsey Street.. Mrs. Riordan added that she had not contacted these property owners but reminded Council that all involved property would be notified under the Zoning Law.. On motion of Councilman Riordan, seconded by Councilman Elliott, the Planning Director was directed to prepare a zone change for consideration by the Planning Commission. mendment.. to Interim Ordinance No. 3 City attorney Taylor then presented. "an Ordinance amending the Interim Ordinance of the City of Redlands amending Ordinance No. 1562 to prohibit Condominium Conversions, " Ordinance No. 3 (Interim amendment) to amend. Section Two of Ordinance No. 3 . Following brief discussion, this amendment to Ordinance No. 3 was adapted can motion of Councilman DeMirjyn, seconded by Councilman Elliott, by AYE votes of all_ present. There being no further business, Council adjourned, can motion, to a personnel session x Mayor of the Cl.ty o .- Redlan � r�k i 0-0-0-0-0-0-0-0 _0