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HomeMy WebLinkAbout11211978-cc_CCv0002.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 Barbara Cram Riordan, Councilman Chris C. Christiansen, City Manager Bruce Atkins, Attorney Awards Steve Jirsa, $75.00 each, (private vehicle rental and elimination c City equipment) , Joe Schultehenrichi $50.00 (installation of safety ligT Employe s industrial equipment) , and Ralph Crossland, $50. 00 (parking of pri\ 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 RedlZ City Employees ' Association and hopefully, through this program, tl 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 E submitted. BIDS The following bids were opened and publicly declared by the City C3 10:00 A.M. this date for the sale of real property located on the E west corner of Olive Avenue and San Mateo Street, Surplus Franklin D. Barnes PropertRedlands, 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 Howell Construction Company Picnic Areas $ 39,OOC Lighting Bloomington, California Walkways 28, OOC Bowling Green &, Volley Ball Court 20,00 $ 87,OOC Inland Contractors Picnic Areas $ 49, 90E Redlands, California Walkways 28, 75C Bowling Green & Volley Ball Court 23, 91 $102, 56E These bids will be referred to the County office of Community Devel for study and recommendation. PUBLIC HEARINGS Resolution No. 3538, a resolution of theCity Council declaring that Resolutibn real property located on the southwest corner of Olive Avenue and S No. 3538 is no longer required for public use, authoiized a public hearing f Surplus time and place. Mayor Martinez opened the meeting as a public hear Property any questions or comments concerning this sale of property. None b Sale 4Z-v 4-1, 4 a-1- 1-1 4, 1- A 1 -A -11 1 :3b43, a resolution of the City of Realanas for aaoption of Amendment No. 21 to the General Plan, which deletes the designation of Alessandro Road Aon to its intersection with San Mateo Street at Highland Avenue and designates 1543 Alessandro Road as a collector street between Crescent Avenue and San mit Timoteo 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 Elliot 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 : Lon 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 vacation. None being forthcoming, the public hearing was declared closed, and Resolution No. 3544 was adopted on motion of Councilman DeMirjyn,sec-- onded 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 on Street are unnecessary for present or prospective street purposes and 3 45 ordering the vacation of said portion. Mayor Martinez opened the meeting as a public hearing for any questions or comments concerning this street s vacation. None 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. 1663, an ordinance of the City of Redlands which establishes a change of zone from A-1 (Agriculture) District to R-S (Suburban Residential) District i e for approximately 14 acres of property located on the northwest corner of ' S Highland Avenue and LaSalle Street. Mayor Martinez 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 ABSENT: Counci.lmember Knudsen Public hearing was also advertised for this time and place on Ordinance No. 1663, an ordinance of the City of Redlands amending the Redlands ordinance Code and Subdivision ordinance No. 1562, Section 10, entitled Expiration i e g of Tentative Map Approval. Mayor Martinez declared the meeting opened as a public hearing for any questions or comments concerning this ordinance. the Growth Within the City of Redlands - as it is written and was November 7, 1978, as an "Urgency ordinance" . Interim on motion of Councilman DeMirjyn, seconded by Councilman Elliott, I 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 Chat Pxoposition 11R11 was adopted, by AYE votes of all present, as an urgency ordinance, Ordinance No. 4. Mr. Anthony Martinez of 1142 North Sixth Street renewed his request last meeting for use of Community Center for meetings through Secep 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 Deb seconded by Councilman Riordan. N RECOMMENDAT IONS Planning Commission - Planning Session minutes at end of this segme page 172. Recreation Commission - Councilman Riordan reported that the Commis expressed regret at Bud Shirtcli:ff.,s resignation. Also, that the mc are attempting to restructure the department. ,gQMMq-N'1CANIONS Council acknowledged receipt of the certification from William H. C Registrar of Voters, of election results for the City of Redlands S Municipal Election held on November 7, 1978, showing the f&llowing Electior 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 Low Rent Housing 9090 NEW BUSINESS Resolution Resolution No. 354.6., a resolution of the City Council establishing No. 3546 criteria for removal of lands from within the Agricultural Preserve Agricultural rescinding Resolution No. 3376, was adopted by AYE votes of all prE Preserve on motion of Councilman Elliott, seconded by Councilman DeMirjyn. Removal man Riordan stressed the importance of Item 5 - Fencing in Agricult Preserves. On motion of Councilman DeMirjyn, seconded by Councilman Elliott, C approved by AYE votes of all present, the sale of the Airport Maste the lease. (The current lease provides for one 10-year option) . 3. That approximately 3. 5 acres be added to the master leased area. (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. i e Ordinance No. 1670, an ordinance of the City of Redlands amending the >70 Redlands Ordinance Code and Ordinance No. 1606, Parking Lots, was given first reading of the title and laid over under the rules with second reading set for December 5, 1978. :ion on motion of Councilman DeMirjyn, seconded by Councilman Elliott, Resolu- 3547 tion No. 3547, a resolution of the City Council establishing a schedule int of fees to be charged by the Redlands Police Department was adopted by AYE votes of all present. WAGER A request for waiver of the water system installation for Minor Subdivi- -sion sion No. 28 by Dr. Craig Northcutt was granted by AYE votes of all present, on motion of Councilman DeMirjyn, seconded by Councilman Riordan. See 12,as 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 _ 7e Texas Street between Pioneer Avenue and San Bernardino Avenue or pay a 4 proportionate share of installation cost, 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. 10084, the City will charge subsequent tracts similarly benefited a pcoportionabe cost and will reimburse the developer who installed this sewer as such sums are collected. " Following discussion of the on-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 s 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-owned 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 rull-ce vided extra security at Ford Park on November 5, 1978, on motion of Departm nt man DeMirjyn, seconded by Councilman Riordan, by AYE votes of all The request to change Reservoir Road ' s name was referred to the Pli Street Commission for recommendation by AYE votes of all present on motion Name Councilman Riordan, seconded by Councilman DeMirjyn, Councilman El Change pointed out that this was located in Reservoir Canyon. on motion of Councilman DeMirjyn, seconded by Councilman Riordan, Option ' B" approved by AYE votes of all present an Option "B" Water Contract 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 < of present from Leroy and Helen Hansberger and Wilmer J. and Janine Er Dedications And Wilmer J. and Janine 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 Drainage 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 Constrtction Coi Easbment in connection with Tract No. 9777 was accepted by Council on motion Casa Councilman DeMirjyn, seconded by Councilman Riordan, by AYE votes c Bonita present. On motion of Councilman DeMirjyn, seconded by Councilman Riordan, z Basement meat for drainage purposes in connection with Tract No. 9883 from V Hendersc n and Alwilda Henderson was accepted by AYE votes of all present. Two claims against the City filed by Gordon Donald and John Richarc Claims denied in routine manner and referred to the City' s insurance carri motion of Councilman Elliott, seconded by Councilman DeMirjyn. Mayor Mactinez announced that on December 7, 1978, between the houi three and five o ' clock, the City Council will bold a reception hone Recepticn City Manager and Mrs. Christiansen. This will be held in the Lyon' Gallery in Smiley Library. Police Councilman DeMirjyn stated that a police officer had been on the RE Officer High School campus full-time last year and was needed again this ye High Sclool requested Council consider this . Bills and salaries were ordered paid as approved by the Finance Con The approval granted this request for waiver are subject to the following memorandum from Public Works Director Jack Shefchik: Require construction of that portion of the water system within Sunset Drive, require Dr . Northcutt to grant a 15 ' wide easement across Parcel . ;ion 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 sould 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. 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 1662 To Prohibit Condominium Conversions - adopted October 17, 1978. On motion of Councilman DeMirjyn, seconded by Council- man Elliott, Council ratified this ordinance by AYE votes of all present. Variance No. 232 and Minor Subdivision No. 56 - John Sabot That the request for approval of variance and minor subdivision of prop- erty located between Texas and Lawton Streets, approximately 98 feet nortl 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, 1978, 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 requirements . 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 Drone areas was also discussed. Mr. Donnellv was asked to bring 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 I enable 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 paragrap] 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 conga 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 waite( majority of voters to speak, with that thought in mind, I will sec( motion. " Riordan: "Litigation would be a serious matter. I feel strongly I would be doing a disservice to many more people by opening ourselvi 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 not be po' based solely upon passage of the initiative, Proposition R. You mi 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 reqs 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 1 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 todz cannot believe what is happening to me. " The vote on Mr. DeMirjyn ' s motion for continuation of Items 1, 3, and 7 upon the ground that further study is needed was as follows: AYES: Councilmembers DeMirjyn and Elliott NOES : Councilmembers Riordan; Mayor Martinez I"L rj.D Z %_UULlU_L_L11Lt_-11Wt_'J. i-,.L%J1.UC1LI; PlClyUJ_ MCI.L 41Lit::4 NOES: Councilmembers DeMirjyn, Elliott ABSENT: Councilmember Knudsen Tract No. 9868, Phases 1 & 2 - Sy Bram - Final Approval All requirements as outlined in Council minutes dated July 19, 1977, hav- ing 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 - Niagara Construction Company - Final Approval 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 DeMirjyn, Elliott ABSENT: Councilmember Knudsen Conditional Use Permit No. 282 - Niagara Construction Company - Final Approval 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 Conditional Use Permit No. 282. Mayor Martinez moved for approval, seconded by Councilman Riordan. This recom- mendation of the Planning Department failed by the following vote: AYES : Councilmember Riordan; Mayor Martinez NOES : Councilmembers DeMirjyn, Elliott ABSENT: Councilmember Knudsen Conditional Use Permit No. 263 - William Buster, Jr. - Final Approval All requirements as outlined in Council minutes dated March 15, 1977, hav- ing been complied with, it is the recommendation of the Planning Depart- ment that final approval be given Conditional Use Permit No. 263 . Mayor Martinez moved for approval, seconded by Councilman Riordan. This recom-, mendation failed by the following vote: AYES : Councilmember Riordan; Mayor Martinez NOES: Councilmembers DeMirjyn, Elliott ABSENT.- Councilmember Knudsen Conditional Use Permit No. 307 - Ray L. Huffman Construction, Inc. Final Approval All requirements as outlined in Council minutes dated November 7, 1977, having been complied with, it is the recommendation of the Planning Depart- ment that final approval be given Conditional Use- Permit No. 307. Mayor Martinez moved for approval, seconded by Councilman Riordan. This recom- mendation of the Planning Department failed by the following vote: AYES: Councilmember Riordan; Mayor Martinez NOES : Councilmembers DeMirjyn, Elliott ABSENT: Councilmember Knudsen Conditional Use Permit No. 284 Redlands Medical Center - Final A22roval All requirements as outlined in Council minutes dated September 19, 1978, having been complied with, it is the recommendation of the Planning Depart'- ment that final approval be given Conditional Use Permit No. 284. On T decision of the Planning Commission rendered on October 10, 1978, 1 unanimously denied tentative approval of Tract No. 10221 for the ro that the City must have a condominium Conversion ordinance. This i was signed by Geoff Palmer as appellant. Councilman DeMirjyn gave support to the recommendation of the Plant Commission as to the need for a condominium conversion ordinance, i moved to ratify Iterim ordinance No. 3 entitled "An interim Ordinal the City of Redlands Amending Ordinance No. 1562 to Prohibit Condoi Conversions" adopted on October 17, 1978. This motion, seconded bi Gilman Riordan, was adopted by AYE votes of all present. Mr. Martin Stolzoff, a partner of the applicant; Malibu Constr4ctii Corporation, addressed0the Council at length. He reviewed in Beta: plans for conversion of the Kin*A*Ty 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 Zol Ordinance for two parking places per unit for occupants and one-ha'. ing place per unit for guest parking. He criticized Planning Dir4 Schindler and also questioned requirements of the Building Code, Councilman DeMirjyn requested Mr. Stolzoff to omit references to pe alities if he continued. Mr. DeMirjyn explained that the City Cout 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 qonversiox ante. 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 tI mum standards. Mr. Kaufman questioned any requirement of complyin( the present Building Code requirements and added that his firm cant required to do so under the law in connection with a change of owni 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 condominiUT sions. He 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 Corm stated very clearly that tentative approval was denied because of I by the City for an ordinance to cover this procedure for convertins 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 bearing.. He then referred to Subdivision Act and requested findings today with Council 's decisic 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 api a subdivision map, Section 65858 allows adoption of an Iterim, Ordir such as that under discussion. Upon the grounds that urgency exists in that no previous condominii versions have come up in the City ' s history; that there is a neces! t. \1ga—i.LuI 1'. —44i_a __ ­_ I-____—_-J -- —...y conversions during the period of study of planning and zoning related to condominium conversions as specifically set forth in Interim ordinance No. 3, as amended. Councilman DeMirjyn: "I accept this addition to the motion. " This was also accepted by Councilman Riordan. This motion was adopted by AYE votes of all present. Proposed Zone Change Councilman Riordan reminded the Councilmembers 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. Shirk' 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. Amendment 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 adopted on motion of Councilman DeMirjyn, seconded by Councilman Elliott, by AYE votes of all present. There being no further business, Council adjourned, on motion, to a personnel session. AF Mayor of the/City- ofL-Redlat rk 0-0-0-0-0-0-0-0t-0