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HomeMy WebLinkAbout04191983-cc_CCv0001.pdf N o-� MINUTES of a regular meeting of the City Council, City of Redlands, held in the -- Council Chambers, Safety Hall, 212 Brookside Avenue, on April 19, 1983, at. 7:00 P.M. Planning Commission Items 3:00 P.M. 01 PRESENT Kenneth Roth, Player Charles G. DeMirjyn, Vice Mayor Oddie J. Martinez, Jr., Councilman James W. Gorman, Councilman '.; Tim Johnson, Councilman John E. Holmes, City Manager H. L. Archbold, Assistant City Manager. Mike Riddell, City Attorney Lorrie Poyzer, City Clerk Glenn Cunliffe, Redlands Daily Facts James Nickles, The Sun ABSENT None The meeting was opened with the pledge of allegiance, followed by the invo- cation by Reverend Russ Haggerty of the Edwards Mansion Chapel. Mayor Roth welcomed John E. Holmes, the new City Manager, who was present Welcome, this evening observing the Council meeting. Minutes of the regular meeting of April 5, 1983, and the special meeting a of April 13, 1983, were approved as submitted. t PUBLIC HEARINGS On March 21, 1983, the Environmental Review Committee issued a Negative ERC Apppa1 Declaration on an application submitted by James Lotito for Ordinance No. Ordinance 64 Text 1000 'Text Amendment No. 165. An appeal to this decision was filed in the Amendment. Office of the City Clerk on March 31, 1983, and the City Council set this No. 165' time and place for hearings an whether this amendment is consistent or t appropriate with the General Plan and on the appeal. Mayor Roth declared the meeting open as a public hearing. *" Mr. Alan Silver, 1460 Marshall Street, read from a prepared statement which is on file in the office of the City Clerk. Speaking on behalf of the applicant, Mr. Silver asserted that this amendment was most definitely consistent with the General Plan, and that it would promote and support the preservation of an historical structure. Mr. Russ Wilmont, 3 Bow B, stated . he had submitted 500 signatures on a petition in favor of the Burrage Mansion, copies of 33 letters to the Facts' editor, and a dozen responses given to Mr. Lotito following the teas he had hosted. Mr. Wilmot then .read a letter from the Preservation Action Committee asking for careful consider- ation of this proposal (petiton and letter on file in the office of the e City Clerk) . Mrs. Judy Jorgenson, 1223 Cedar Avenue read from a prepared statement which -." is on file in the Office of the City Clerk and stated that Ordinance Text " ERC Appeal Amendment No. 165 should be denied now as it is inconsistent with the ordinance General Plan of Redlands. Also speaking in opposition was Mr. Howard ri. Text Hurlbut, 1228 W. Crescent Avenue, who pointed out that spot zoning by amendment conditional use p g permits would errode the unique character of Redlands and No. 165 Yurged the drafting of a comprehensive ordinance to preserve and protect botl residential neighborhoods and historical structures. Reading from a prepay( statement which is on file in the office of the City Clerk, Mr. William " Branch, 1151 W. Crescent Avenue, asked Council to deny Ordinance Text Amendment No. 165 as being in conflict with the City land use policies, goals, and objectives. ._... _.._. .. ..._.._.._..w.. ..w.,..___ PUBLIC %HEARINGS (Continued) Mr. Cliff Smith, 1498 Brookside Avenue, responded to those opposed to the ERC Appeal. ordinance text amendment by stating that this application was not really Ordinance spot zoning, that conditional use permits have strict controls, and that Text access would be on collector streets rather than residential streets. He Amendment agreed that a policy for historical preservation was needed, but there No. 16d would be a delay before adoption and in the meantime some properties would r be lost. He stated that the ordinance text amendment satisfies the histori- cal preservation policy and is consistent with the General Plan. There being no further continents, the public hearing was declared closed. .. U Brief Statements were made by individual. Councilmembers. Councilmember = Gorman moved to find Ordinance Text Amendment No. 165 inconsistent with the Redlands General Plan, to take no further action by the City, to up- " hold the appeal, and to deny the application based on findings as follows.- that ollows:that. this application is in violation of requirements to provide a suitable , living environment in the neighborhoods; that it does not provide day-to- day goods and services for those living nearby; that it appears to increase , traffic circulation and disrupt the residential character of the neighbor- hood; that it is in conflict with the economic principles defined under the General Plan and its land use balance establishment; and that this particular application does not provide or promote the general. preservation. Motion seconded by Councilman DeMirjyn, Councilman Johnson commended the audience, stating that this is the first land use hearing that has .been done in a professional manner and that it was appreciated by the Council. " The motion was adopted by the following vote: # W, AYES: Councilmen DeMirjyn, Garman; Mayor Roth NOES: Councilmen Martinez, Johnson Council. briefly recessed at 7:45 P.M. and reconvened at 7:56 P.M. , Public hearing was advertised for this time and place on an amendment to Ordinance No. 1788 regarding projects exempt from the allocation process. Mayor. Roth declared the meeting open as a public hearing for any questions or comments, �x Mr. Wilmer Engevik, 1633 Smiley Heights Drive, spoke in favor of exempting units subsidized or built with government financing. He stated he has Ordinance ' No. 188 County bond funds to build low and moderate income units on a site in k = Amendm6nt Redlands and felt this type of housing was the intent of the ordinance and Exempt'; should be exempt from Proposition "R." Project s Mr. Ken King, Civil Engineer for a 60-unit Planned Residential. Development that has been through the allocation process, stated the developer would like to apply for these funds through the County but would have to revise his plans and go through the allocation process again. Mr. King pointed out that there are not that many units which would qualify for the bond money. *' ') David Weisz, builder of this property, stated that he had recieved an TO allocation for. 68 units, but would now propose to only build 48 units on the' - same ten acres which would make a better project. p ti Mr. Norm Monson, a member of. the Friends of Redlands, briefly reviewed the history of Proposition "R" and how the 450 limitation was arrived at. He pointed out that the intent was clear in the ordinance voted on that there were to be no exclusions. Only the two ballot measures voted on by the �� people would be exempt from the allocation process. w e N RUBS iC lil AR Nr5= 1 Conti.hued :. ,.. . There being no further business, the public hearing was declared closed. Ordnance No. l7b8 Councilman DeMirjyn stated he was in favor of these requests for exemption, Amendane n t that there was only so much of these funds available, and that .Redlands Exempt needed low and moderate income housing or we could soon be asked for rent sg. Projects control. Councilman Martinez stated that Redlands needed this type of housing and that he supported both of these projects. Councilman Gorman stated that Proposition "B" was a specific proposal from the County which was approved by the voters and has been implemented by i Resolution No. 3566; Proposition "S" was a non-specific measure and there is no record of implementation and recommended appropriate action be taken i on this. He pointed out that Ordinance No. 1788 clearly gives a bonus for 1 low or moderate income projects which gives the applicant an advantage. He also pointed out that the ballot measure for Proposition "R" very clearl, allowed only one exemption - that of four units or less. He stated he could not see any other exclusion or exemption and would only go alonci with exempting projects that would qualify tinder Propositions "B" or "S." j Councilman Roth stated that low and moderate income housing is addressed in the ordinance implementing Proposition "R" and that the only government ' - financed housing alluded to was in the two ballot measures. He agreed with Mr. DeMirjyn that there was a need for these projects but that we cannot ignore Proposition "R." He asked the attorney if this question of exemp- tion could he placed on the ballot for a vote. t Councilman Johnson wanted to know if language could be adopted for a one- time use and then ask the voters for any subseauent answers. Attorney ' Riddell stated he would prefer to address this in writing or in a closed session. On motion of Councilman Johnson, seconded by Councilman Martinez i this item was continued to the May 3, 1983, meeting at 7:00 P.M. to allow ' time for the attorney's response. Motion carried unanimously. l Public hearing was continued to this time and place on Resolution No, 3882,' 11'..111 M Resolution a resolution of the City Council for the vacation of a portion of Coulston No. 3882 Court. Mayor Roth opened the meeting as a public hearing for any comments : Coulstoi or questions concerning this street vacation. Mr. Pat Meyer apologized Court Vacation for the delays in obtaining the improvement agreement required for the vacation of this street_, and recommended rescheduling action on this at a later date. There being mo further comments, the public hearing was declared closed and Council took no action on Resolution No. 3882. A M ORAL PETITIONS FROM THE FLOOR t� Mr. flank Peterson of Peterson Appliances, 21 East Citrus Avenue, asked " Mini-Mail Council assistance with ongoing problems with the construction of the Construdtion Mini:-Mall on the corner of Citrus Avenue and Orange Street. The onl - Problems g y access available for the businesses along Citrus Avenue is the alley just tinorth of Citrus Avenue and it is being blocked at the moment with scaffolding. This type of thing has been going_ on since last June. Council discussed possible means to solve the situation. Public Works Director Donnelly explained the problems his department has been having with the owners of the property. Mr. Archbold said he would contact Sam Monitor; Costanza to see if he would be willing to monitor the construction site Hired on a full-time basis. On motion of Councilman Marti-nez, seconded by iR50 Councilman Gorman, Council unanimously referred this to staff and author- ` ized paying for a full-time monitor. � r �'_ gam, x; 314 COMMISSJON REPORTS' ,. ., Planning Commission recommendations as considered by the City Council at P a regular meeting thereof held on April 19, 1983, at 3:00 P.M. Present: Councilmembers DeMirjyn, Martinez, Gorman, Johnson; Mayor Roth; Attorney z Riddell; Planning Director Schindler; Community Planner Atencio .; L R.P.C. No. 595 - Zone Change No. 253 - H. P. Milligan At its April 12, 1983, meeting the Planning Commission recommended approval; of R.P.C. No. 595, a change of zone from A-1 (Agricultural) District to R-2 (Multiple Family Residential) District for 8.41 acres of property located on the northeast corner of Terracina Boulevard and Brookside Ave- nue. The City Clerk has set public hearing on May 3, 1983, at 7:00 P.M. for ordinance No. 1816, an ordinance of the City Council establishing Zone Change No. 253. 2. Conditional Use Permit No. 361 - W. Dennis Renter That Conditional Use Permit No. 361 for a proposed 107-unit Planned Resi- dential Development on 20.4 acres of property located between the Mill Creek Zanja and the Southern Pacific Railroad, approximately 1,300 feet " east of Dearborn Street, R-1 Zone, be approved based on the findings of the Planning Commission and subject to the recommendations of all depart- menu as contained in Planning Commission minutes dated April 12, 1983. On motion of Councilman Gorman, seconded by Councilman Martinez, this recommendation of the Planning Commission was unanimously approved. 3. Conditional Use Permit No. 390 - Dr. M ron Talbert and Dr. Richard Wilson That Conditional Use Permit No. 390 for a proposed medical complex for property located on the north side of Laurel Avenue, approximately 175 feet east of Terracina Boulevard, R-S Zone, be approved based on the a ` findings of the Planning Commission and subject to the recommendations of all departments as contained in Planning Commission minutes dated April 1_2, 1983. Councilman Roth informed Council he would abstain from ` - voting on this item as there was a possibility he would be an investor in the future. Mr. John Shone, 220 Terracina Boulevard, pointed out that this is a com 3 mercial project which should not be in a residential zone. He stated " that this area has been piecesnealed by conditional use permits with commer-- cial encroachment and suggested Council protect the residential zone and deny this application. One of the applicants, Dr. Talbert, told Council that to place this facilityin another location would not he good as it will provide out- patient g p patient surgery with the safety factor of having the hospital nearby. He did not think there would be much increase in traffic as they are located on a side street. on motion of Councilman DeMirjyn, seconded by Councilman Martinez, this recommendation of the Planning Commission was approved by the following vote: AYES: Councilmen DeMirjyn, Martinez, Gorman, Johnson NOES: None ABSTAIN: Councilman Roth 4. Minor Subdivision No. 52 -_Thomas_ E. Godfrey That Minor Subdivision No. 52 for a revised map for the subdivision of approximately 22 acres of land located at 1595 Marion Road, 4 lots, A-2 Zone, be approved in accordance with the map as amended, subject, to the recommendations of all departments as in Planning Commission minutes dated April 12, 1983, noting that the map is in compliance with the General Plan, and recommending to the applicant that he apply to the Advisory Committee for relief of the items in question. INIn answer to Councilman Johnson, Public Works Director Donnelly explained why the drainage fee is being required and stated he would be willing to s accept an improvement agreement for this requirement.. Councilman DeMirjyn moved to approve this recommendation of the Planning v Commission and grant tentative approval to Minor Subdivision No. 52 and a to allow an Improvement Agreement for the drainage requirement. Motion seconded by Councilman Gorman and carried unanimously. - 1 S 4•. s� PLANNING COMMISSION RECOMMENDATIONS (Continued) �' 7 ,f J4 1 d=, S. Minor Subdivision No. 123 - Michael E. Thornton - Tabled .�, That Minor Subdivision No. 123 for the subdivision of approximately 1_19 acres of land located on the south side of Brookside Avenue, approximately 260 feet east of Bellevue Avenue, 4 lots, R-S Zone, he approved in accor- dance with the map as amended by the staff, subject to the recommendations of all departments as contained in Planning Commission minutes dated April 12, 1983, noting the map is in compliance with the General Plan, and adding to Planning and Community Development Recommendation No. 10 to read: "Development of these parcels shall be subject to evaluation under P 7 �X`y � the provisions of Proposition "R" and any of its implementing ordinances in effect at the time prior to building permit issuance, and the City Attorney determine whether or not development of this subdivision will be subject to Proposition "R." Councilman Gorman moved to approve this X: ti recommendation of the Planning Commission; motion seconded by Councilman 1� Johnson. Mr. Bob Blakeslee, representing the seller, stated this lot was sold under siu`x the provisions of a parcel map which he felt indicated that Parcels 2, 3, and 4 did not come under the provisions of Proposition "R." Councilman Roth stated to Mr. Blakeslee that Council had gone over this thoroughly with his father and it was well known that if there was any further sub- division of this property, it would come under the provisions of Proposi- tion "R." Councilman Gorman explained to Attorney Riddell how the wording was arrived at to be stamp on the maps and that this had been codified � y in an ordinance. Following lengthy discussion, Councilman Martinez moved to table this item to May 17, 1983, in order to receive a written ��rt.ySt response from legal counsel. Motion seconded by Councilman Johnson and carried unanimously. PLANNING ITEMS FOR COUNCIL CONSIDERATION OTHER ON P _ r� �s�s} 1. Acceptance of Parcel Map No. 7830 - Lot Line Adjustment No. 194 } i�sl t''r William Bonadiman and Louise Beebee 1S On motion of Councilman DeMirjyn, seconded by Councilman Gorman, Council unanimously accepted Parcel Map No. 7830 for property located on the 6, southeast corner of Mariposa Drive and Chapparal Road, R-A Zone. 2. Appeal - Planning Commission Action - Commission Review and Approval No. 451 (Removing of Exterior Marble) r zos �, Councilman Gorman stated he felt this appeal was not properly filed as the fee had been waived by an individual Councilmember. He stated a Flit�� ' waiver of any fee should be done by a full Council. Following discussion with the attorney, Councilman Johnson moved for Council to initiate the � t�? appeal and set public hearing for May 3, 1983, at 7:00 P-M_ for this matter. Motion seconded by Councilman Martinez and carried by the following vote: (�� AYES: Councilmen DeMirjyn, Martinez, Johnson 11't�XI NOES: Councilmen Roth, Gorman 3, Jim Glaze Request - Construction of New Automobile Showroom i!>{fir In September, 1978, Mr, Jim Glaze was granted permission under CRA No. 400 to enlarge his business and a number of Public Works' requirements were waived by Council. In June, 1981, CRA No. 400 Revised was approved for the construction of a new automobile showroom. Mr. Glaze contends that the application of September, 1978, included waiver of the requirements �1 set for for CRA No. 400 Revised. Mayor Roth stated the appeal period is long past and that this item is % not properly before Council at this time. Councilman Johnson moved for Council to initiate the appeal on the requirements for CRA No. 400 Revised and set a hearing for May 3, 1983, at 3:00 P.M. Councilman Martinez seconded the motion; motion then carried by the following vote: AYES: Councilmen DeMirjyn, Martinez, Johnson NOES: Councilmen Roth, Gorman There being no further business, Council recessed at 4:00 P.M. and will reconvene at 7:00 P.M. this evening in the Council Chambers. it tiff i ��7 7c, Parks Commission - on motion of Councilman Johnson, seconded by Councilman I ,l Appointments Gorman, Eleanor Buoye and Bill Bonadiman were unanimously appointed to terms on the Parks Commission. 3 t� Public Works Commission - On motion of Councilman Gorman, seconded by Appointment;t pp tment Councilman DeMirjyn, John Bernard was unanimously appointed to a term on the Public Works Commission. 4 s' I I .Slilf t �t� So-: _.N. r.... . w. COMMIS�SON REPORTS (Continued) �1 a Historic and Scenic Preservation Commission - The Historic and Scenic Preservation Commission has recommended adoption of an ordinance which would require a permit for demolition of any residential or commercial structure with a waiting period of 90 days between application for and issuance of said permit for any structure then listed on the Historical llx; t Resources Survey of the City, and require a 30-day waiting period between the application for and issuance of any permit for any other structure. v Councilman Johnson moved to instruct staff to prepare a draft ordinance Demolition for the May 3, 1983 meeting at which time a public hearing can be set. _ Y g U Permits Stating it seems to be appropriate and could at this time be a simple ordinance. Councilman Gorman seconded the motion. A staff report from � f Building and Safety Director Dale pointed out that the City would be placed in an adversary role in certain situations, and Councilman DeMirjyn expressed concern. Attorney Riddell echoed Mr. Dale's concern for the City's legal exposure. Councilman Roth asked that consideration r i also be included for preservation of walls in Redlands. Motion to ' prepare a draft ordinance was adopted by the following vote:: AYES: Councilmembers Martinez, Gorman, Johnson; Mayor Rot`: NOES: Councilmember DeMirjyn Council briefly recessed at 9:07 P.M. and reconvened at 9:15 P,M. COMMUNICATIONS 'r Councilman Johnson reported that he represented the City in Washington, Flood D.C. on April 5-8, 1983, with representatives from the County to present Control the City's request of $200,000 for the Army Corps of Engineers' study of the flood control channel through town. a .v Councilman Johnson asked staff to prepare a resolution to establish three— Mall hour parking in the entire Redlands Mall and to ask that the Police w , Parkin; Department enforce the three-hour limit even though the signs will not y! be posted immediately. Council concurred with this. By a consensus, a letter will be sent to our legislators in Sacramento SB 979x opposing Senate Bill 979 which would allow municipalities to impose income taxes. Councilman Gorman said that a sound expert from Cal State, San Bernardino, , Chamber had looked over the sound system in the Council Chambers. He asked that Sound System staff look into development of a plan to correct the deficiencies since he felt there were other ways to correct the problem other than thosel presented recently. NEW BIIBINESS Resolution Senate Bill 489 calls for local adoption of procedures and criteria for TM' No. -.',887 considering need for transit access to public buildings. On motion of Location Councilman DeMirjyn, seconded by Councilman Johnson, Resolution t1o. 3887 of Public Buildi�ys a resolution of the City of Redlands containing standards and definitions SW Per 513,489 for fulfilling 513 489 requirements and adopting said procedures and criteria, was unanimously approved by Council, On motion of Councilman DeMirjyn, seconded by Councilman Gorman, a Cooperation cooperation agreement between the City and the Redevelopment Agency of Agreement the City of Redlands for repayment of expenditures by the City in behalf of the Agency was unanimously approved and the Mayor authorized to sign on behalf of the City. s ` Loan and A loan and pledge agreement between the City and the Redevelopment Agency Pledc*e of the City of Redlands implementing a procedure whereby the City will Agreement a take action to have the Reservoir Canyon designed and built with the Reservoir Agency pledging tax increment funds for payment was unanimously approved Canyon! and the Mayor authorized to sign on behalf of the City on motion of �- n.i Councilman DeMirjyn, seconded by Councilman Garman. 101: NEW BUSINESS (Continued) An agreement with the County of San Bernardino for the Reservoir Canyon Reservoir Canyon Flood Control Facility was unanimously approved and the Chairman authorize, Agreement to sign on behalf of the Agency on motion of Councilman Gorman, seconded � x by Councilman DeMirjyn. Permission was granted to proceed with the hiring of a consultant to Reservoir perform the hydrology, hydraulics, and design of the Reservoir Canyon Canyon Flood Control Facility on motion of Councilman Johnson, seconded by Consultant _ Councilman DeMirjyn. It was noted that after a consultant is selected, .' a contract will be placed before the Council for. approval. CITY MANAGER On motion of Councilman DeMirjyn, seconded by Councilman Gorman, an addi- Funds tional appropriation in the amount of approximately $1,500 was unanimously Used Jeep authorized from the Water Capital Reserves to purchase a used jeep from the Post Office for use as a water meter reading vehicle. On motion of Councilman DeMirjyn, seconded by Councilman Gorman, Council. Tort unanimously directed staff to send letters over the Mayor's signature l Liability to all local representatives in the State Legislature supporting Assembly Claims Bill 1867 which will. prevent cities from being ordered to pay entire •-. judgements in cases when their degree of fault is small compared to that of the other defendants. 1 Director of Building and Safety Dale prepared a staff report in response W ' to Council action with recommendations regarding the reflective properties of a building. Councilman Gorman stated he did not feel. this report was in a form which could be conveniently worked with at this meeting. He stated it might be that both Ordinance No, 1692 and the architectural "ter review guidelines in Ordinance No. 1.000 needed to be updated, but at this 5 Building time it was not clear which way to go. He recommended that this be Exteriors referred back to staff for further consideration. He stated his personal f opinion was that he saw no reason to put in a statement regarding the percentage of the building to bring this into effect. He felt that if t the policy adopted is to minimize this, it simply could say standards � g to limit the reflectivity of mirrored surfaces regardless of what percent- age of the building covered as there are a lot of other surface materials other than glass that could be highly annoying because of their r.efl.ectina_ �1 of the sunlight. Because of the late hour, Mayor Roth continued this k.y _ discussion. On motion of Councilman DeMirjyn, seconded by Councilman Gorman, the Claim claim filed by Edward James Walborn was found not to be a proper charge against the City and therefore rejected unanimously. On motion of. Councilman DeMirjyn, seconded by Councilman Martinez, the Claim claim filed by Cathy walker was unanimously found not to be a proper charge against the City and therefore rejected, Bills and salaries were ordered paid as approved by the Finance Committee. t J, !t c 1 Yt CITY�NAGER (Continued) There being no further business, Council adjourned at 9:90 P.M. to a closed session to discuss items covered under the attorney/client privilege, and then adjourned to an adjourned regular meeting to be held ( u Y#- 1�Unib on April 21, 1983, at 1:30 P.M. for the annual Civics Day. it £ tx Next regular meeting, May 3, 1983. OP i1 May o-flth4 City of Redlands � (�i� lt�b ATTEST:: �i4tt £�illt�% Ci17-y---01-1erk � 0-0-0-0-0-0-0 }1 S 2S try t i }Iy tl t k�}li 1J JtiIA 'i �ilits��;lfil \t Il £t t\�£t 1177££r J