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MINUTESof a regular meeting of the City Council, City of Redlands, held in the Council Chambers,
212 Brookside Avenue, on February 4, 1986, at 3:00 P.M,
PIIESEN'r Richard N. Larsen, Mayor Pro Tempore
Charles G. DeMirjyn, Councilmember
Tim ,Johnson, Councilmember (7:00 P.M. Session Only)
Barbara C. Wormscr, Councilmember
John E. Holmes, City Manager
Dallas Holmes, City Attorney
Lorrie Poyzer, City Clerk
Karen Nikos, Redlands Daily Facts
Howard A. Ellis, The Sun
m s ABSEN`f Carole Beswick, Mayor
IN
The meeting was opened by Mayor Pro Tern Larsen with the pledge of allegiance,
Councilmember Wormser asked those present to join her in a moment of silent prayer
for our seven astronauts who lost their lives when the Challenger exploded on
January 28, 1988.
,Minutes of the adjourned regular meeting of January 18, 1986, were approved as
amended and minutes of the regular meeting of January 21, 1088, were approved as
submitted.
Bills and salaries were ordered paid as approved by the Finance Committee.
PLANNING AND CC7MMUNITY DEVELOPMENT
Prior to acting on the Planning Commission's recommendations for the conditional
use permit ,applications scheduled on this agenda, City Attorney Holmes explained
the: procedures to follow as established by City Codes. The City Council shall
approve, deny, or set for public hearing these applications; and shall not take any
testimony at this meeting.
Conditional Use Permit No, 442 - Jacob Rekem, M.D.
Councilmember DeMirjyn expressed his concerns with sewer impaction downstream if
this application is approved. It was noted that the sewer master plan update has been
reviewed by the Public Works Commission and will be brought to Council in the near
future, It was felt that would be the time to further address Mr. DeMirjyn's concerns.
Councitmember Wormser moved to approve the Enviornmentai Review Committee's
Negative Declaration for Conditional Use Permit No, 442 for the expansion of an
existing retirement hotel by adding additional beds and by adding provisions for
limited board and care located at 302 Nordina Street, T Zone, and directed staff to
file and post a "Notice of Determination" in accordance with the City's guidelines,
Motion seconded by Councilmember Larsen and carried by the following vote:
i AYES: Councilmembers Larsen, Wormser
j NOES: Councilmember DeMirjyn
ABSENT: Councilmembers Beswick, .Johnson
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Caunc ln:cmbc:r Wormser moved to approve Conditional Use Permit No. 442 based on
the findings of the Planning Commission and subject to the recommendations of all
departments as contained in Planning Commission minutes dated January 28, 1956.
Motion seconded by Councilmember Larsen and carried by the following vote:
AYES: Councilmembers Larsen, Wormser
NOES: Councilmember DeMirjynA
ABSENT: Councilmembers Beswick, Johnson
Conditional Use Permit No. 451 - Glenn Wennen
It was noted that a 22-page letter was hand-delivered to the Council Chambers at:
2:45 P.M. from the law firm Parker and Covert, representing the Redlands Unified
School District. Because of the document's late arrival, there was not sufficient time
for staff nor Councilmembers to review its contents. Council directed City Manager
Holmes to write to Dr. Bryld, Superintendent of Schools, in reference to this on-going;
situation.
Councilmember Wormser moved to approve the Environmental Review Committee's
Negative Declaration for Conditional Use Permit No. 451 for a variance from the
property development standards of Ordinance No. 1000, Section 39.20B(1) to permit
13 covered parking spaces rather than the required 14 parking spaces for property
located at 1103 East Central Avenue, R-2 Zone, and directed staff to file and post
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a "Notice of Determination" in accordance with the City's guidelines. Motion seconded
by Councilmember DeMirjyn and carried by AYE votes of all present.
Councilmember Wormser moved to approve Conditional Use Permit No. 451 based on
the findings of the Planning Commission and subject to the recommendations of all
departments as contained in Planning Commission minutes dated January 28, 1986..
Motion seconded by Councilmember DeMirjyn and carried by AYE votes of ail present..
Council expressed its pleasure with the design of this project and the retention of
the existing trees.
Conditional Use Permit No. 309 (Revised) - Paul Gerrard
Councilmember Wormser moved to approve the Environmental Committee's Negative
Declaration for Conditional Use Permit No. 309 (Revised) for revised plans for a market
and retail center to be located on approximately four acres of land located on the southeast
corner of Citrus Avenue and Dearborn Street, A-1 Zone, and directed staff to file 0
and post a "Notice of Determination" in accordance with the City's guidelines. Motion
seconded by Councilmember DeMirjyn and carried by AYE, votes of all present,
Councilmember Wormser moved to approve Conditional Use Permit No. 309 (Revised,
based on the findings of the Planning Commission and subject to the recommendations
of all departments as contained in Planning Commission minutes dated January 28,
1986. Motion seconded by Councilmember DeMirjyn and carried by AYE votes of all
present.
Resolution No, 4125 Agricultural Preserve_ Removal No, 70 Joseph Un
Councilmember Wormser moved to approve the Environmental Review Committee's
Negative Declaration for Agricultural Preserve Removal No. 70, 9.7 acres of land
located on the south side of San Bernardino Avenue, approximately 625 feet east of
Judson Street, A-1 Zone, and directed staff to file and post a "Notice: of Determination"
in accordance with the City's guidelines. Motion seconded by Councitrr,ember Larsen
and carried by the following vote:
AYES: Councilmembers Larsen, Wormser
NOES: None
ABSTAIN: Councilmember DeMirjyn
ABSENT: Councilmembers Beswick, Johnson
Resolution No. 4128, a resolution of the City Council of the City of Redlands amending
Agricultural Preserve Boundaries previously established by Resolution No. 4133, was
adopted on motion of Councilmembor Wormser, seconded by Councilmember Larseri,
by the following vote:
AYES: Councilmembers Larsen, Wormser
NOES: None
ABSTAIN: Councilmember DeMirjyn
ABSENT: Councilmembers Beswick, Johnson
Minor Subdivision No 144 - The Read Company/Sandra Read Line Final Approval a
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All requirements as contained in Council mintues dated May 7, 1985, having been r
complied with, the Planning Division recommended that final approval be given Minor
Subdivision No, 144. On motion of Councilmember DeMirjyn, seconded by Councilmember
Johnson, this recommendation of the Planning Division was approved by the following
vote.:
AYES: Councilmembers Larson, DeMirjyn, Johnson, Wormser
NOES: None
ABSENT: Councilmember Beswick
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Council recessed at; 3:20 P.M. to a Redevelopment Agency meeting= and reconvened
at 3:25 P.M. to a closed session for the purpose of discussing matters covered by
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attorney/client privilege. Council reconvened at 7:30 P.M. following an evening
session of the Redevelopment Agency. Councilmember Johnson was present for the
evening session.
Future Mr. Paul Granitic, President of Future Enterprises, a junior achievement company
Enterprises sponsored by GTE, spoke on behalf of several students. Mr. Granillo explained that
Annual Future Enterprises is a student-operated business comprised of a board of directors
Report and company officials. Future Enterprises' annual report for 1.985 was dedicated to
Police Chief Robert Brickley and his staff in appreciation of their efforts in their
education, and presented to Chief Brickley at this meeting.
PUBLIC HEARINGS
Demolition Public hearing was advertised for this time and place to confirm, modify, or reject
Permits the findings of the Historic and Scenic Preservation Commission on January :16, 1986,
rt.garding a delay of demolition of structures located at 215 Nordina Street, 219 Nordina
Street, 221-112 Nordina Street, 223 Nordina Street, 223-112 Nordina Street, 220 Nordina
Street, and 104 East Olive Avenue. Mayor Pro Tem Larsen declared the meeting open
as a public hearing for any testimony from members of the Commission, the applicant,
and other interested persons.
Darrell Cozen, Historic Preservation Officer, explained in detail the rationale behind
the Historic and Scenic Preservation Commission's recommendation to delay any
demolition permits for the above-referenced structures for 90 working days. Urging
the Council allow demolition of these structures in view of their poor condition were:
Glen Noyes, 1244 West Highland Avenue; Thanh Pham, 235 Nordina Street; and Jim
Harebottle, representing the applicant. Letters urging the demolitions were received
from Harold A. Lerner, 220 Nordina Street; and Phat Dicing, 316 Sonora Street. There
being no further comments, the public hearing was declared closed. Following discussion,
Councilman DeMirjyn moved to reject the findings of the Historic and Scenic Preservation
and directed the issuance of demolition permits. Motion seconded by Councilmember
Johnson and carried by AYE votes of all present. Mayor Pro `rem Larsen noted that
Council must work with the Historic and Scenic Preservation Commission to decide
haw the Commission can implement Council's policy and obtain the: necessary tools.
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Ordinance Public hearing was continued to this time and place for consideration of Ordinance
No. 1.901. No. 1901, an ordinance amending Ordinance No. 1000 of the City of Redlands by
adopting Amendment No. 176 revising the appeal process and establishing the
Conditional Planning Commission as approval authority for Conditional Use Permits. Mayor Pro
Use Pe.rirlt Tern Larsen declared the meeting open as a public hearing on this ordinance.
Procedures
Gloria Lee read from a prepared statement from Joyce Page, President of the League
of Women Voters. There being no further comments, the public hearing was declared
closed.
Councilmember DeMirjyn moved to approve the Environmental Review Committee's
Negative Declaration for Ordinance No. 1.000 Text Amendment No. 176 and directed
staff to file and post a "Notice of Determination" in accordance with the City's guidelines.
;Motion seconded by Councilmernber Wormser and carried by AYE votes of all present.
Ordinance No. 1901, an ordinance amending Ordinance No. 1000 of the City of Redlands
by adopting Amendment No. 176 revising the appeal process and establishing the Planning
Commission as approval authority for Conditional Use Permits, was read by title only
by City Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded by
Councilmember Wormser, further reading of the ordinance text was waived. Ordinance
No. 1901 was introduced and laid over under the rules with second reading scheduled
for February 18, 1,986, on motion of Councilmember DeMirjyn, seconded by Councilmember
Wormser.
ORAL PETITIONS FROM THE FLOOR
Mr. Don Carlson, 1345 Pacific Street, inquired about the status of his request to close
Pacific Street. Street Superintendent Mutter responded the Traffic Commission was
made aware of Mr. Carlson's request at their January meeting and tabled the matter
to their February 20, 1986, meeting to allow staff time to prepare its recommendation.
School Dr. Warren Bryld read a letter reponding to Mr. King's statements made at the Council
Impaction meeting of January 21, 1986. He also provided a Redlands Unified School District
Impaction Mitigation Information report dated February 4, 1986, for Council's use.
Council expressed appreciation for this information and stated they hoped a point
would be reached to get rid of this litigation.
COMMUNICATIONS
Councilmember Wormser indicated she wanted to attend an historical conference in
Pasadena on February 24-25; Council was agreeable to her request.
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Mayor Pro} Tem Larsen asked that suggested names be submitted to him for service
on the ad hoe arts committee.
City Manager Holmes was directed to look into the League of California Cities' request
to increase their dues by six percent.
Mayor Pro Tem Larsen reported the City of Corona was complimentary of our Rent
Review Ordinance and Building and Safety Director Dale's implementation procedures.
UNFINISHED BUSINESS
Ordinance Ordinance No. 1903, an ordinance of the City Council of the City of Redlands establishing
No. 1903 rates of compensation for members of the City Council and repealing Ordinance No. 1304
and resolution No. 2874, was given its second reading of the title by City Clerk Poyzer,
Council and on motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, further
Compens4tion reading of the ordinance text was waived. Ordinance No. 1903 was adopted on motion
of Councilmember DeMirjyn, seconded by Councilmember Johnson, by the following
vote:
AYES: Councilmembers DeMirjyn, Johnson, Wormser;
Mayor Pro 'rem Larsen
NOES: None
ABSENT: Mayor Beswick
NEW BUSINESS
Library Dr. Burgess, Interim Library Director, presented a policy manual for the Library
Policy which has been unanimously adopted by the Library Board at its December, 1985,
Manual raeetirn,, and been reviewed by the City Manager and State Librarian. City Attorney
Holmes questioned including civil code procedures in the manual; therefore Councilmember
DeMirjyn moved to table this matter to allow the, Library Board to discuss this further
with the City Attorney. Motion seconded by Councilmember Johnson and carried by
AYE votes of all present.
Public Works Appointments to the Public Works Commission were, tabled until February 18, 1986,
Commission when a full Council is present.
Resolution The Proposition R Advisory Committee held several meetings and recommended
No. 4146 amendments to Propositon R. Proposition R is a voter adopted and approved
initiative ordinance and an amendment requires a majority vote of the qualified voters
Propositi6n R of the City. City Clerk Poyzer presented Resolution No. 41.46 which provided for
Amendments the calling of a special municipal election to be held on Tuesday, June 3, 1986. City
Attorney Holmes explained he had combined the four matters to be placed on the ballot
Election " in one measure and further explained the implementing ordinance.
Mrs. Lura Dymond stated she had thought the Committee would have had the: opportunity
to review the ballot language before this time and expressed concern about exempting
an area from the provisions of Proposition R. She suggested the matters be presented
to the voters as separate questions.
Councilmember DeMirjyn urged separation of the questions and made two mations which
failed by tie votes. His third motion to separate the questions as follows was seconded
by Councilmember Wormser and carried with Councilman Johnson casting a NO vote:
1. Ordinance No. 1910 - Exhibit "A" of Resolution No. 4146 - amending Section 3
of Proposition R relating to the Redevelopment Project Area.
2, Ordinance No. 1911. - Exhibit "B" of Resolution No. 4146 - amending Section 3
of Proposition R relating to multi-family construction.
3. Ordinance No. 1912 - Exhibit "C" of Resolution No. 4146 - amending Sections 3
and 6 of Propositon R relating to recent court rulings and sewer service outside
the city hints.
Councilmembers worked with City Attorney Holmes extensively drafting the :following
ballot language: for the three measures:
1. Shall the ordinance amending Section 3 of Proposition R to remove the Proposition's
limit on the portion of the Redevelopment Project Area designated as the Revitalization
Program Study Area Boundary be adopted?
2, Shall the ordinance amending Section 3 of Proposition R to cover all forms of
Residential construction except individually constructed single family homes,
duplexes, triplexes and fourplexes be adopted?
3. Shall the ordinance amending Sections 3 and 6 of Proposition R to remove the
Proposition's limits on sewer service outside the City and to clarify the Proposition
in light of recent court rulings be adopted?
Councilmember DeMirjyn then moved to adopt Resolution No. 4146, a resolution of the
City Council of the City of Redlands providing for the submission to the qualified
voters of the City three initiative ordinances for the amendment of Proposition R and
the calling of a special election therefore, containing the above ballot language, and
to direct the City Attorney to prepare an impartial analysis for inclusion in the sample
ballot. Motion seconded by Councilmember Wormser and carried by the following vote:
AYES: Councilmembers Larsen, DeMirjyn, Wormser
NOES: Councilmember Johnson
ABSENT: Councilmember Beswick
Ballet Mayor Pro Tem Larsen directed City Clerk Poyzer to include authorization for preparation
Arguments of arguments on the agenda for the February 18, 1986, Council meeting.
Ordinance Ordinance No. 1904, and ordinance of the City Council of. the City of Redlands amending
No. 1904 the Redlands Ordinance Code and Ordinance No. 1582 to provide for voluntary merger
of contiguous parcels, was read by title only by City Clerk Poyzer, and on motion
Contiguous of Councilmember DeMirjyn, seconded by Councilmember Johnson, further reading
Parcels of the ordinance text was waived. Ordinance No. 1904 was introduced and laid over
Merger under the rules with second reading scheduled for February 18, 1986, on motion of
Councilmember DeMirjyn, seconded by Councilmember Johnson. On motion of
Fee Councilmember DeMirjyn, seconded by Councilmember Johnson, Council set a
nonrefundable fee of $200.00 for processing voluntary merger of contiguous parcels,
applications.
Claim On motion of Councilmernber DeMirjyn, seconded by Councilmember Johnson, the claim
of Howard Elan, Sweet Nothings, in the amount of $1,439.25 was found not to be a
proper charge against the City and therefore rejected by AYE votes of all present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim
of Jack w. Leonard for Don Leonard Realty in the amount of $525.00 was found not
to be a proper charge against the City and therefore rejected by AYE votes of all
present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim
of Henry Drinkhouse in an amount yet to be determined was found not to be a proper
charge against the City and therefore rejected.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the Claim
of Troy Jay Visintainer, et al, in the amount of $1,020,000.00 was found not to be
a proper charge against the City and therefore rejected by AYE votes of all present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim
of Peggie Holybee in an amount yet to be determined was found not to be a proper
charge against the City and therefore rejected by AYE votes of all present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmomber Johnson, the Claim
of Hendricus Martinus deBoer in the amount of $118.16 was found not: to be a proper q
charge against the City and therefore rejected by AYE votes of all present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim "
of Gwen A. Silky in the amount of $190.80 was found not to be a proper charge= against
the City and therefore rejected by AYE votes of all present.
Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim
of Richard J. Howell in the amount of $259.48 was found not to be a proper charge
against the City and therefore rejected by AYE votes of all present,
Quitclaim Councilmember DeMirjyn moved to authorize a Quitclaim Deed from the City of Redlands
Deed to Norman H. Kaufman and Bernard Kaufman for a portion of Fifth Street (now known
as Fifth Avenue) and authorize the Mayor and City Clerk to execute the document
on behalf of the City. Motion seconded by Councilmember Johnson and carried by
AYE votes of all present.
Resolution Resolution No. 4149, a resolution of the City Council of the City of Redlands declaring
No. 4149 that certain property is surplus and is not required for public use and ordering the
sale of said property described as a portion of Cliff Drive (also known as Sunset
Surplus Drive), was approved by AYE votes of all present on motion of Councilmomber
Property DeMirjyn, seconded by Councilmember Johnson.
Cemetery Councilmember DoMirjyn moved to authorize the Community Services Administrator
Property to acquire approximately 10,51.5 squre feet of land from Tract Map No. 12811, Loi:
Acquisition No. 8, for Hillside Memorial Park. Motion seconded by Councilmember Johnson and
carried by AYE votes of all present.
Tract Dr. K. H. Clifford requested Council's assistance with a fence requirement as a
No. 12811 conditional for approval of Tract No. 1281.1 in connection with the above two matters.
Following discussion, Council referred Dr. Clifford to staff for a solution.
Resolution Resolution No. 4151, a resolution of the City Council of the City of Redlands supporting
No. 4151 the "Fair Responsibility Act: of 1986" which is a State initiative measure: that would
give the voters of California an opportunity to reform the inequities and injustices
Fair of the "Deep Pocket Doctrine" by holding Iiability lawsuit defendants financially liable
Responsibility in closer proportion to their degree of fault, was adopted on motion of Councilmomber MEN
Act DeMirjyn, seconded by Councilmember Johnson, by AYE votes of all present.
Resolution Resolution No. 4147, a resolution of the City Council declaring its intention to vacate
No. 4147 a portion of Kansas Street and Orange Avenue and setting the public bearing on this
Street street vacation for February 18, 1986, at 7;00 P.M., was adopted by AYE votes of
Vacation all present on motion of. Councilmember DeMirjyn, seconded by Councilmember Johnson.
No. 84
Resolution Resolution No. 4152, a resolution of the City Council of the City of Redlands declaring
No. 4152 that certain property is surplus and is not required for public use and ordering the
�i` sale of said property described as right-of-way purchased with Gas 'rax funds for
Surplus the realignment of Fifth Avenue and Fairview Lane, was adopted by AYE votes of all
Property j present on motion of Councilmember DeMirjyn, seconded by Councilmember Johnson.
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There being no further business, the meeting was adjourned at 9:50 P.M.
Next regular meeting, February 18, 1986.
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