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HomeMy WebLinkAbout05151979-cc_CCv0001.pdf MINUTES, , of a regular meeting of the City Council, City of Redlands, held in Council Chambers, Safety Hall, 212 Brookside Avenue, on May 15, 1.979 7 :00 P-M. None The meeting was opened with the pledge of allegiance followed by the invoca- tion by Reverend John Wichman of the First United Presbyterian Church. Minutes of the regular meeting of May 1, 1979, were approved as submitted. Mayer Martinez announced that representatives of the School District and City have been meeting along with PTA members regarding the school turfing program. The School District has offered to receive water on the irrigation rate for all of its facilities and maintain the grounds. following discus- sion, on motion of Councilman Knudsen, seconded by Councilman. Riordan, Coun- cil unanimously accepted the following three recommendations of staff with the addition to the third recommendation to accept a response from the School Board to match the grant funds to provide the turfing: 1.. Grant the School District the irrigation water rate for all schools, including the three in the County. 2 . Remove Lugonia, Smiley and McKinley Schools from no-cost water to :irrigation rates . 3m Proceed with the State Grant application of $14,571 to turf Crafton and Kimberly Schools. "ane Mishak thanked Council on behalf of Crafton and Kimberly Schools for their action. It was announced that the City of Redlands Department of Public Works is the second place division winner in the Business and Industry Safety Contest. sponsored by the Greater Los Angeles Chapter, National Safety Council. Mayor Martinez congratulated the employees of Public Works. In recognition of the small business owner and his role in the community, Mayor Martinez proclaimed the week of May 13-19, 1979, as Small Business Week. Nevin Limburg, Executive 'dice President of the Chamber of Commerce, thanked Council for this proclamation and announced the Chamber wi.1.1 honor 93 owners who have been in business continuously for 25 years in Redlands at their next meeting. The following bids were opened and publicly declared at 10 :00 A .M. this date. by the City Clerk for the construction of Sessums Drive, 1/4 mile to 1,/2 mile west of Wabash venue : Manch Corporation $73, 171. 50 Colton, California. McGrew Construction Company $70,049,00 Anaheim, California Schramm Contractors $ 31, 352 .30 Pasadena, California. 7\+. 4-1, ,., +-4.V,., 4 a- 4 - 4-"4,,-, -4 4-U a. n, l-1 r.7.-,-1,- r, a...,., .- 4-"1, 4- B & J Construction $55, 981.00 San Bernardino, California Matich Corporation $59, 235.30 Colton, California Schramm Contractors $61, 585 ,60 Pasadena, California At this time, it is the recommendation of the Department of Public W Bial that award be made to B & J Construction as this is the lowest, qual Award bidder, On motion of Councilman .Elliott, seconded by Councilman DeM Park Ave. unanimous Council approval was given to the award of the improvement and Tennessee southwest corner of Park Avenue and Tennessee Street to B & J Constr Street in the amount of $55,981.00. PUBLIC HEARINGS Resolution No. 3578, a resolution of the City Council declaring that real properties located between Oxford and Lombard Drives, approxima Resolution 400 feet north of Calton Avenue, known as Lots 15 and 28 of the Sier No, 378 Tract, are no longer required for public use, authorized a public he Surplus: this time and place. Mayor Martinez opened the meeting as a public Property for any questions or comments concerning the sale of this property. being forthcoming, the public hearing was declared closed. The following offers for the purchase of the properties authorized i lution No. 3578 were received in the office of the City Manager on M 1979: Lee, Legis Harlan (Received after the 12 ;00 noon deadline) $ 5, 100,00 Schuermann, Kerman $ 2, 150.00 Offers On motion of Councilman DeMirjyn, seconded by Councilman Riordan, th Rejected offers were rejected as they are too low in comparison to market val authorization was given to re--advertise with an $8,000 minimum offer ORAL PETITIONS FROM TETE FLOOR Mrs. Ann Horta of 1060 Judson Street returned to Council and re-read Swimming letter of May 1, 1979, and pointed out the liability involved becaus Pool corner lot is designated as a school and public bus stop Mrs . TTort Vence minded Council of her husband ' s disabling back injury which necessit the installation of the pool. Councilman DeMirjyn moved, because of extenuating factor of Mr. Tlorta ° s health, to approve this request fo arianc tovariance to the requirements of the fencing ordinance, In seconding t Ordinance motion, Councilman Knudsen required that the northwest corner fencin No. 1O00 be in accordance with the corner cut-off and to the satisfaction of Director Dale, This motion was approved by the following vote : k_:-LCI,-nZD_LLJ_UCILLU[I.-3 LUL Plup- erty to be annexed to the City of Redlands, be approved. The property in the unincorporated area is bounded by Redlands Boulevard, the existing City limits , Citrus Avenue, and a line 660 feet west of Alabama Street (82 acres,! Zone classifications are delineated on Zoning Map for Annexation No. 56 and contain C-M, I-P, and FP--I designations. commission approval included the following amendment : the north/east corner section of Park Avenue and Ala- bama Street, as indicated on the map as :IP Zone, shall be changed to C-M Zone with the balance of the zoning as included in the map. On motion of Councilman DeMirjyn, seconded by Councilman Riordan, this recommendation of the Planning Commission was adopted by the following vote : AYES : Council- members DeMirjyn, Elliott, Riordan; Mayor Martinez; NOES : None; ABSTAIN: Councilmember Knudsen; ABSENT: None, and Ordinance No. 1690, an ordinance of the City Council for establishment of Zone Change No. 218 was given first: reading of the title and laid over under the rules with public hearing set for June 5, 1979, at 7 :00 P.M. Following a brief discussion of this area and of future City annexations, the staff was authorized to, when time is available, make a land use study of the remaining land along Alabama Street between Citrus Avenue and Barton Road. R.P.C. No. 499 Zane That R.P.C. No. 499, a resolution of the Planning Commission for adoption of Zone Change No. 211, a proposed change of zone from A-1 (Agricultural) District to C-M (Commercial Manufacturing) District for property located on the south side of Lugonia Avenue, approximately 1, 960 feet, west of Texas Street, 12.8 acres, be approved. On motion of Councilman DeMirjyn, seconded by Councilman Riordan, R.P.C. No. 499 was unanimously approved by the City Council, and ordinance No. 1691, an ordinance of the City Council for adop- tion of Zone Change No. 211, was given first reading of the title and laid over under the rules with public hearing set for June 5, 1979, at 7:00 P.M. R.P.C. No. 500 - General Plan Amendment No. 24 - Hal Dagen/First Baptist Church That R.P.C. No. 500, a resolution of the Planning Commission for the adop- tion of General Plan Amendment No. 24, an amendment, to the Land Use Element of the General Plan for property located on the east side of New York Street, between Redlands Boulevard and Southern Pacific Railroad Tracks, approxi-, mately 15 acres, proposing a change of land use designation from Industrial Urban Services to Administrative Professional, be approved. Mr. James Gar_ man and Mr. Leon Armantrout addressed the Council asking that this decision ' be delayed until the Park Commission had the opportunity to report on their ' study of enlarging Jenny Davis Park. Council discussed this matter briefly � and Mrs. Riordan explained that the Park Commission will be meeting this Thursday, May 17th. Following discussion, public hearing was authorized on this amendment as contained in Resolution No. 3580, a resolution for the adoption of General Plan Amendment No. 24. This will be advertised for June 5, 1979, at 3 :00 P.M. Minor Subdivision No. 72 - Landco Development Company That the application for minor subdivision of property on the northwest corner of Church Street and Pioneer Avenue, 2 lots, R-1 Zone, be approved subject to all requirements as outlined in Planning Commission minutes dated May 8, 1979, with one revision of Engineering Recommendation No. 10: provide adequate drainage easement (deleting the paved ditch requirement) . On motion of Councilman DeMirjyn, seconded by Councilman Elliott, Minor Saab- division ubdivision No. 72 was unanimously approved. ITEM: Tract No. 10433 Abandoned Change No. 206, a change of zone from R-1 to R-2-2000 for approximat, acres of property bounded by Lugonia Avenue, Grove Street extended, Street, and a line 1000 feet east of University Street, failed to re, approval at the last Council meeting. On Mr. Taylor ' s recommendatio, Riordan moved to reconsider zone Change No. 206, motion was seconded Councilman Elliott, and approved by the following vote : AYES: Counci Elliott, Riordan; Mayor Martinez7 NOES : Councilmembers Knudsen, DeMi ABSENT: None. Mr. DeMirjyn stated that he questioned Mayor Martinez ' vote on this due to the fact that at his election he received considerable electi port from ADR and that Mr. DeMirjyn considers this a conflict of int City Attorney Taylor stated that for the purpose of reconsideration Change 206, this vote is valid and added that he will rule on the ri vote on the zone change when consideration of the zone change comes motion of Councilman Riordan, seconded by Councilman Elliott, Counci to set a public hearing for this zone change on June 5, 1979, at 3 :0 This motion was approved by the following vote: AYES : Councilmembers Elliott, Riordan; Mayor Martinez NOES : Councilmembers Knudsen, DeMirjyn ABSENT: None 2. Lot Line Adjustment - Tract No. 10058 No Council Action 3. Tract No. 9455 - Redlands Homes Ltd. Pro2ertV Development Standard This project was redirected to the Planning Commission by Mayor Mart the last Council meeting. The Planning Commission discussed the dev and reconfirmed that the project should adhere to the original appro ditions (i .e. ) tenancy should be limited to persons 45 years of age older. Attorney Enos Reid, speaking for the developer, addressed Council an posed a compromise in which the developers would restrict 15 homes f use of citizens over 45 and with the balance of 29 to be sold to you tenants. He stated that these would be in separate areas and that n ren under 18 would be allowed in the apartments, and that there wool enants so decreeing in the deeds. Councilman DeMirjyn stated that there was no way Council should allo because Council had acted in good faith and with a clear conscience matter. In answer to Councilman Riordan' s question, Mr. Reid stated the applicants did know of the limitations at the time they purchase property. Mrs. Riordan replied that she believed it was the applica problem and not the Citys ' . Councilman Knudsen stated that the staf made studies of similar developments in other cities and that with p advertising and sales promotion the properties were filled with very tied owners, fie added he did not wish to see the City in the positi policing the C C & R' s in court. Following this discussion, on motion of Councilman DeMirjyn, seconde Councilman Riordan, the Council unanimously voted that all units mus form to the original mandate of the Council and Planning Commission modification or revision, based upon the findings set forth below: FINDINGS AND CONCLUSIONS ON HEARING: Tract 9455, CUP 254 Upon application of Westwood Contracting Corporation and Redlands Ho the Redlands City Council heard the request of the applicants to mod Tract 9455, for which they previously obtained approval as a develop signed exclusively for residents over the age of 45 years . The prop modification would have the effect of removing such an exclusive des for a substanial majority of the units in Tract 9455 . After conside of the testimony and evidence offered by the applicants, and after d and comment thereon; the City Council, by unanimous vote, denied the LCA114.tLl J_GiGc) CALAIX parking spaces. it was further represented by the applicant that allowance of reduced development standards would result in lower building costs and, hence, lower housing prices for the senior citizens who would occupy the tract. d. ) In recognition of its responsibility under California law to imple- ment a Housing Element of the Redlands General Plan to meet the needs of ally segments of the community, and upon study of similar tracts designed for senior citizens in other Southern California cities, the City Council on November 15, 1977, approved Tract 9455 and granted CUP 254 conditioned upon recordation of Covenants, Conditions, and Restrictions relative to said Tract which provided, among other things, that sales of units in said tract would be made to persons who had attained the age of 45 years . e. ) Tract 9455 has been substantially developed, and has been substan- tially completed with installation of the permanent improvements on the basis of the reduced development standards as previously approved. 2. Upon review of the history of Tract 9455, and acknowledging the changes in ownership of the subject property during the pendency of the project, and having heard the statements and declarations of the owners, who as successors in interest to the original applicants, requested limitation of the 45 year old provision to fifteen units, The City Council further finds as follows : a. ) That the Council determinations relative to approval of Tract 9455 and granting of CUP 254, and the policies reflected in said council action, were well founded and are hereby reaffirmed; b. ) That applicants had assured the City of a need in the City of Red- 1 lands for residential developments specially designed for the requirements of senior citizens and made their application upon such basis; c. ) That design features of Tract 9455, including smaller than standard sized lots and fewer than standard parking spaces, are specifically adapted to the needs of persons of age 45 and over; and are not appropriate for a i tract occupied by younger persons with larger families and children, there being insufficient space and facilities to accomodate such families as pro- vided in Redlands Zoning ordinance 1000, in accordance with the policies of the Council concerning desirable residential development in this community, and d. ) In consideration of the development criteria for Tract 9455 as orig- inally approved on request of the applicant, and as already constructed in Tract 9455, it is further determined that said development should continue to be reserved for occupancy by persons of age 45 or over to implement the Housing Element of the General Plan of the City of Redlands. Appeal to Planning Commission Denial of Variance No. 241 - Highland Village Homes - Tract No. 9701 - Robert Osborne Stating that he had done the original engineering on this tract, Councilman Knudsen absented himself from the podium. On April 24, 1979 the Planning Commission denied two requests for variances to the fencing requirements of ordinance 1000, Section 43 :20 . At this time Mr. Robert E. Osborne addressed Council requesting reversal. of the Planning Commission decision. He presented maps of the properties in question depicting the different elevations of the lots in relation to High­� land Avenue. Council discussed these elevations, the fencing ordinance, requirements, and: heard brief comments by owner of one lot, Gary Poling. Norman Marshall. of be worked out with the staff with the provision that covenants runnir the land be provided by the applicant ' s lawyer to cover future use o: driveways, with this covenant to be approved by the City. (2) Also ( from the denial was permission to install a chain link fence on the ( south boundaries of the property in lieu of the ordinance-required b' wall with another covenant running with the land, stating that the b" wall_ originally required would be installed before the sale of the p: or upon the disappearance of the Oleander bushes ; again with the att( for the owner preparing this covenant to be reviewed by the City. TI tion was adopted by the following vote: AYES, Councilmembers Knudsen Elliott; Mayor Martinez, NOES : Councilmember Riordan, ABSENT: None. 6. Tentative Map No. 9681 and C.U.P. No. 269 - Richard H. Curtis, Moran Pro ernes Incur orated - T'ime Extension On motion of Councilman DeMirjyn, seconded by Councilman Knudsen, an sion of 90 days was approved for Tract No. 9681 and Conditional Use I No. 269 by unanimous vote. 7. Tentative tis - Time Extension On motion of Councilman Demirjyn, seconded by Councilman Elliott, an sion of one year was given to Tract No. 96784 8. Minor Subdivision No. 68 - Glenn Emmerson - Final A royal All requirements as outlined in Council minutes dated April 17, 1979 been completed, it is the recommendation of the Planning Department final.. approval be given Minor Subdivision No. 68. on motion of Coun, DeMirjyn, seconded by Councilman Elliott, unanimous final approval w; this subdivision. 9. Outside Water Service - Overtree Development - Tract No. 10323 This request for outside the City water service by the Overtree Deve was continued to this time from the last Council meeting. City Manager Christiansen stated that after a discussion with Mr. Ta, they believe that this application comes under Proposition "R. " Mr. Saul Reiss addressed Councilp resenting the same material and le he brought to Council attention at the last meeting. Both Council a City Manager explained to Mr. Reiss that no staff member can make a ment which binds any City Council. Mr. Schindler pointed out the co of Resolution No. 2601 adopted on June 6, 1967, which clearly explai requirements for outside the City water service. City Attorney Taylor described the position in which the City finds in regard to Proposition "R. " Following discussion Councilman DeMir moved that because the Public Works Director states that there is su water and the City does benefit financially from outside the City wa service, the Council approves the furnishing of water to the Overtre opment, Tract No. 10323 . Councilman Knudsen seconded th motion. Th failed by the following vote: AYES : Councilmembers Knudsen, DeMirjyn Councilmembers Elliott, Riordan; Mayor Martinez. ABSENT: None. Councilman Riordan then moved that this development be considered un Proposition "R" and that should it qualify, it be granted water unde sition "R" subject to all requirements. This motion died for lack o second. Later in the Council meeting, City Attorney Taylor explained the nec of clarifying this situation. Councilman Riordan then restated her as follows : "I move that the application for outside water service b ed, sublect to Proposition "R" and Ordinance No. 1680, and all other Lural Preserve and from the property under Agriculture Contract. Mrs. Riordan pointed out that his property is also adjacent to a developing tract. Mr. Rosen discussed at length the wording of the portions of Items 4 and 5 of Resolution 3546, particularly the meaning of the word "circumvent" as used in the ERC decision. Mr. Rosen assured Council that the property is not under Williamson Act Contract. Mr. Rosen requested that Council grant his request and amend Section 4 of Resolution No. 3546. City Manager Christiansen stated that if Council grants Mr. Rosen ' s request,; then they should give new direction to the ERC. Following further discussion, the Council concurred with the applicant to table this matter to June 5, 1979 for a review of the problem. Council agreed that Mr. Rosen would appear early on the June 5th agenda . Minor Subdivision No. 62 - T)r Gari Groves - Final royal All requirements as outlined in Council minutes dated September 1.9, 1978, for Minor Subdivision No. 62, having been completed, it is the recommenda- tion of the Planning Department that final approval be given this minor sub-, division. On motion of Councilman DeMirjyn, seconded by Councilman Elliott,11 this recommendation of the department was approved. There being no further business, Council adjourned at 6 :00 P.M. Lllousin Commission - The next Housing Commission meeting will be in June. Recreation Commission - Councilman Knudsen reported the Recreation Commis- sion ' s tentative budget was approved at their last meeting. The Swim Club will take over the swim program this year at the Redlands High School pool. There will be a charge of $ .60 for use and 500 free passes will be available] for needy young people. Public Works Commission - The Public Works Commission met on Monday, may 14 and clarified their intent on the drainage charges . Historic and Scenic Preservation Commission - The Commission has sent letteri to the Council- concerning stone curbs in the area of Olive and Lakeside Ave nues requesting the curbs be returned to their previous stability and use. i The Commission is presently working on a map pointing out particular curbs that need to be preserved and protected. TIONS AND PETITIONS The Kiwanis Club of Redlands�Evening was granted permission to sell and a waiver of a business license for the Fourth of July Barbecue in Sylvan Park on motion of Councilman DeMirjyn, seconded by Councilman Riordan. CATIONS Some Mayor Martinez reported on the progress for rent control in mobile home parks and confidence in reaching an agreement without enacting an ordinance.� On motion of Councilman Elliott, seconded by Councilman Riordan, staff was sing Is requested to confer with the City Attorney and prepare an ordinance, if nec-' essary, applying to advertising materials distributed in the City. ly adopted on motion of Councilman Knudsen, seconded by Councilman RJ City Manager Christiansen stated that. Fire safety employees and depai heads had not had salary increases since July, 1977, Councilman DeM- pointed out that several department heads have taken on additional r( bilities through attrition. On motion of Councilman Knudsen, seconded by Councilman Riordan, Ord- .,. Ordinance rd-.,. Ordinance No.. 1692, an ordinance of the City of Redlands prohibiting nuisance c No, 1692 from multistory buildings, was given first reading of the title after Building rules, with second reading set for June 5, 1979. This ordinance wil= Anti-Glare buildings having the mirror type exterior gall finishes which are be( increasingly popular but which reflect dangerous glares into street i ways and impose nuisance glare onto neighboring properties . On motion of Councilman DeMir yn, seconded by Councilman Knudsen, th€ Street for of Public Works may specify that street lights be required to hal Lights to reflect the light downward in the areas needed Ordinance Ordinance No. 1693, an ordinance of the City of Redlands establ.ishinc No. 1603 cedures for the construction, operation, or expansion of motion pictx Motion theatres and amending Zoning Ordinance No. 1000, was given first reac Picture the title and laid over under the rules with second reading set for 1 Theatre Council meeting. CITY MANAGER On motion of Councilman DeMiryn, seconded by Councilman Knudsen, th€ ing .items were approved: AD 1693 : 1. Support of AB 1693 which attempts to clarify current legislation B .I .D. Proposition 13 concerning Business Improvement Districts. 2. A Cooperation Agreement between the City of Redlands and the Couz CDO San Bernardino detailing the specifics of the administration of I Cooperation Grant funds and the implementation of City projects, and authoi< Agreement for the Mayor and City Manager to sign the agreement on behalf o.- city :City and appoint W. C. Schindler and Linda. Kirwan as the City ' s € Administrator and Fiscal Contact person respectively. :fast Valley 3 . An amended Joint Powers Agreement which will enable the newly in( Transit ted City of Grand 'Terrace to join the East Valley Transit Servic€ Agreement ority and authorization for the Mayor to sign on behalf of the C: Street Light 4. A request from the John Martin Company to waive the requirement € uses_ installation of the conduit and bases for street lights in Tract Tract 9€ 83 5. Acceptance of a Declaration of Dedication for street right-of-wat Dedication poses required in connection with Tentative Tract, No. 10448 from Dryden and Janet Lee Upchurch. as of March 16, 1979.. Council requested the Public Works Department to examine the costs and i - plications of closing Eucalyptus Drive to through traffic between Franklin Avenue and Ford Street. The result of the study was that a standardcul-de-' tus sac not be recommended due to grade problems and the coast factor. At this time, with the concurrence of the Police and Fire Departments, Public Works recommends closing the street by the installation of metal beam guard rails and proper signs and thus leaving the street open to pedestrians and bicycles, on motion of Councilman Knudsen, seconded by Councilman Riordan, Council unanimously concurred with the Public Works Department ' s recommendation. i On motion of Councilman Knudsen, seconded by Councilman Riordan, claims in the names of Frederick. Bomke, Anthony J . Mayoros, and Ray Zimmer were unani mously denied in routine fashion and referred to the City' s insurance carrier. ..on Resolution No. 3551, a resolution of the City Council supporting the Safer 581 Off-Street System (SOS) Program and requesting Congress to appropriate the remaining funds authorized for the 1973 fiscal year and to appropriate the dem full authorization for the 1979 fiscal year, was unanimously adopted on' motion of Councilman DeMirjyn, seconded by Councilman Knudsen. Bills and salaries were ordered paid as approved by the Finance Committee. There being no further business, Council adjourned, on motion, at 7 :55 P.M. Newt regular meeting, ,dune 5, 1979, Mayor o the Cit of Red n,9 rk 0-0-0-0-0-0-0--0