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HomeMy WebLinkAbout03041986-cc_CCv0001.pdf MINUTES of a regular meeting of the City Council, City of Redlands, held in the Council Chambers, 21.2 Brookside Avenue, on March 4, 1986,. at 3.00 P.M. PRESENT Carole Beswick, Mayor Richard N. Larsen, Mayor Pro Tem Charles G. DeMirjyn, Councilmember Tim Johnson, Councilmember Barbara C. Wormser, Councilmember John E. Holmes, City Manager Dallas Holmes, City Attorney Ariel Calonne, City Attorney Lorrie Poyzer, City Clerk Karen Nikos, Redlands Daily Facts1 John DeLeon, The Sun ABSENT None The meeting was opened by Mayor Beswick with the pledge of allegiance followed by an invocation by Mayor Pro Tem Larsen. Mayor Beswick presented a proclamation to Capt. Malachowsky and First Sgt. Duffield, USMC, proclaiming March, 1986, as Marine Corps Appreciation Month. The United States Marine Corps Drum and Bugle Corps, the Color Guard, and the Silent Drill Team are presenting the U.S, Marine Corps Battle Color Ceremony in the City of Redlands at the University of Redlands Stadium on Sunday, March 9, 1986.. Ann C. McMahon, Redlands High School PTA president, accepted a proclamation from Mayor Beswick declaring March 2-8, 1.986, as Drug and Alcohol Awaruness Week in Redlands. Minutes of the regular meeting of February 18, 1.986, were approved as submitted. Minutes of the adjourned regular meeting of February 28, 1986, were approved as amended. Councilmember Larsen requested that Joan Dotson's notes from the joint meeting be shared with Council at their next meeting. Bills and salaries were ordered paid as approved by the Finance Committee. PLANNING AND COMMUNITY DEVELOPMENT Tentative Tract No. 13251 - Medici Equities Company (Note: The Negative Declaration for this project was previously approved for Conditional Use Permit No. 447.1 Stating that Council finds that pursuant to Section 66473.5 of the California Government Code, Tentative Tract No. 13251, an application for the subdivision of approximately 8.7 acres of land into six lots for property located on the p west side of Grove Street, between Cypress Avenue and Palm Avenue, it-S Zone:, together with the provisions for its design and improvement is consistent with the City's General Plan and any applicable specific plans; that none of the conditions provided in California Government Code Section 66474 exist. on this map; and that pursuant to California Government Code Section 66474.6, the discharge of waste from this subdivision apparently will not result in violation of existing requirements prescribed by the Santa Ana Regional Water Quality Control Board pursuant to Division 7 of the 0145 California Water Code, Councilmember Wormser moved to approve Tentative Tract No. 13251 based on the findings of the Planning Commission and subject to the recommendations of all departments as contained in Planning Commission minutes dated February 25, 1.986. Motion seconded by Councilmember Johnson and carried by the following vote: AYES: Councilmembers Larson, Johnson, Wormser; Mayor Beswick NOES: Councilmember DeMirjyn Conditional Use Permit No. 453 - Church of Jesus Christ: of Latter-Dav Saints At its February 25, 1986, meeting the Planning Commission recommended approval. of Conditional Use Permit No. 453 for a church and related activities approximately 8.5 acres of land located on the northwest corner of Fifth Avenue and Wabash Avene, A-1 Zone. A petition was received in the Office of the City Clerk earlier on this date requesting this matter be held over for a public hearing. Councilmember DeMirjyn moved to set this application for a public hearing to be held on March 1.8, 1986, at 7:00 P.M. Motion seconded by Councilmember Larsen and carried unanimously. Conditional Use Permit No. 454 - City of Redlands Fire Department Councilmember Johnson moved to approve the Environmental Review Committee's Negative Declaration for Conditional Use Permit No. 454 for site approval of a fire station on 3/4 acre of land to be located on the south side of Cypress Avenue adjacent to and east of the I-10 Freeway, 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 unanimously. Councilmember Johnson moved to approve Conditional Use Permit No. 454 based on the findings of the Planning Commission and subject to the recommendations of all departments as contained in Planning Commission minutes dated February 25, 1986. Motion seconded by Councilmember Larsen and carried unanimously. Appeal Variance. No. 340 - Mohler Corporation An appeal to the Planning Commission's decision for Variance No. 340 was filed in the Office of the City Clerk in a timely manner in accordance with Zoning Ordinance No. 1000. On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, this appeal was set for public hearing on March 18, 1986, during the evening session. Tentative Tract No 12461 - Frank Bowman Time Extension On motion of Councilmember DeMirjyn, seconded by Councilmembor ,Johnson, a time extension of one year was unanimously given for Tentative Tract No. 12461. Minor Subdivision No, 155 - Redlands Railway and Development Company Final Approval All requirements as contained in Council minutes dated November 19, 1985, having been complied with, the Planning Division recommended that final approval be given Minor Subdivision No, 155. On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, this recommendation of the Planning Division was approved unanimously. REPORTS Landfill Community Services Administrator Rodriguez reviewed the Landfill Master Plan. Master Plan Sanitation Director Moore briefly outlined the history of the landfill and explained the clay cap and tap soil option. Mr. Vicent DePaima, Neste, Brudin and Stone, explained the steps beingtaken by his firm to prepare the feasibility study. Further information will be provided Council in the future regarding this matter. Cable TV Community Services Administrator Rodriguez introduced the new General Manager for Southland Cabi.evision, Mr. Tom Schaefer. Mr. Schaefer answered Council's questions and promised to provide information next week regarding the Community Service Channel Program and he also promised better phone service in the future. Council recessed at: 4:10 P.M. to a Redevelopment Agency meeting and reconvened at 4:20 P,M. to a closed session for the purpose of discussing personnel matters, matters covered by attorney/client privilege, and the Redlands Unified School District's litigation. In accordance with State law, the City Attorney prepared a confidential, memo to Council providing justification for the closed session. Council reconvened at 7:10 P.Ai, Mayor Beswick presented a proclamation to three members of the Redlands DeMolay Chapter declaring March 16-23, 1986 as International DeMolay Week and expressing grateful appreciation for the fine examples set by members of the DeMolay in contributing to the welfare of our community. PUBLIC HEARINGS Commission Community Development Administrator Schindler recommended that the, City Council Review 6 approve Commission Review and Approval No. 533 for a convenience store to be located Approval' on the southwest corner of Redlands Boulevard and Alabama Street. C-M Zone. The No• 533 Planning Commission vote on this matter at their meeting of February 11, 1.986, was 0146 Commission 3 to 3 for approval; lack of a majority vote resulted in a denial of the proje=ct. The Review and applicant filed an appeal in the Office of the City Clerk in a timely manner in accordance Approval: with Zoning Ordinance No. 1000. This being the time and place set for public hearing No. 533 on the matter, Mayor Beswick declared the meeting open as a public hearing. Mr. Michael Thompson stated he was available for any questions and that his architect was also present. Following brief discussion with Mr. Thompson, the public hearing was declared closed. Councilmember DeMirjyn moved to approve Commission Review and Approval No. 533 based on the findings prepared by staff and further, that the architectural plans be returned to the Planning Commission for final approval. Motion seconded by Councilmember Johnson and carried by the following vote: AYES: Councilmembers DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSTAIN: Councilmember Larsen Ordinance Public hearing was advertised for this time and place for Ordinance No. 1907, an No. 1907 ordinance adopting Zone Change No. 297, a change of zone from A-1 (Agricultural) District to R-1 (Single Family Residential) District for approximately 20 acres of property Zone Change located on the south side of San Bernardino Avenue, 330 feet east of Texas Street, No. 297 as recommended by the Redlands Planning Commission Resolution No. 673. Mayor Beswick declared the meeting open as a public hearing for any questions or comments concerning this change of zone. None being forthcoming, the public hearing was declared closed. Councilmember Johnson moved to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 297 and directed staff to file and post a "Notice of Determination" in accordance with the City's guidelines. Motion seconded by Councilmember Wormser and carried by the following vote: AYES: Councilmembers Larsen, Johnson, Wormser; Mayor Beswick NOES: Councilmember DeMirjyn Ordinance No. 1907,. an ordinance amending Ordinance No. 1000 of the City of Redlands by adopting an additional land use district map as part of the official land use zoning map and effecting Zone Change No. 297, was given its first reading of the title by City Clerk Poyzer, and on motion of Councilmember Johnson, seconded by Councilmember DeMirjyn, further reading of the ordinance text was unanimously waived. Noting that: this parcel is bound by R-1 zoning to the east, west, and part of the south, Councilmember "" Johnson moved to introduce Ordinance No. 1907 and lay it over under the rules with second reading scheduled for March 18, 1986. Motion seconded by Councilmember Wormser and carried by the following vote: AYES: Councilmembers Larsen, Johnson, Wormser; Mayor Beswick NOES: Councilmember DeMirjyn Ordinance Public hearing was advertised for this time and place for Ordinance No. 1908 to establish No. 1908 a new residential zone classification with lots ranging in area from a minimum of one acre to two acres depending on the slope of the land. Councilmember Johnson questioned Rural- the wording of Section 13.70(A)(3) as he did not want to prohibit projects such as "4-I3." Residential Mayor Beswick then declared the meeting open as a public hearing for any questions District or comments concerning this amendment to Zoning Ordinance No, 1000. Bill Cunningham, 421 San Timoteo Canyon Road, spoke on behalf of the San Theoteo Canyon Residents Association, and urged approval of this amendment as it was strongly supported by the Association. 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. 1000 Text Amendment No. 180 and directed staff to file and post a "Notice of Determination" in accordance with City guidelines. Motion seconded by Councilmember Larsen and carried unanimously, Ordinance No. 1908, an ordinance amending Ordinance No. 1000 of the City of Redlands by adopting Amendment No. 180 relating to the new zone classification R-R (Rural Residential) District, as recommended by Redlands Planning Commission Resolution No. 680, was given its first reading of the title by City Clerk Poyzer, and on motion of Councilmember Johnson, seconded by Councilmember DeMirjyn, further reading of the ordinance text was unanimously waived. Councilmember DeMirjyn move(] to introduce Ordinance No. 1908 with the following change: Section 13.70(A)(3): "Commercial raising of animals or poultry." Motion seconded by Councilmember Johnson anti carrcec--" unanimously. Ordinance No. 1908 was ]aid over under the rules with second reading scheduled for March 18, 1986. It was noted that Agenda Item No. 12(d): Reexamination of Resolution No. 4130, Mitigation of School Impaction, would be postponed to the end of the meeting. �" 014'1 BIDS Bid Award The following bids were opened and publicly declared by the City Clerk at 10:00 A.M. Ira on February 21, 1986, for a contract for the trimming of palm trees: Plam Tree. Trimming, Expert Tree Service Company Bloomington, California $31,350.00 Quast Tree Service Company San Jacinto, California 59,900.00 Callahan Tree Trimming, Inc, Whittier, California 73,000.00 West Coast Arbo.rists Buena Park, California 80,500.00 At this time, it: is the recommendation of the Public Works Department that award be made to Expert Tree Service of Bloomington, as theirs was the lowest, responsible bid. Councilmember Johnson asked why these bids were not reviewed by the Public Works Commission. Acting Public Works Director Mutter responded that the bid packages were reviewed by the Commission but that the Commission does not normally become involved with the reports. On motion of Councilmember Larsen, seconded by Councilmember Dc,Mirjyn, Council approval was given to the award of the contract for trimming of palm trees to Expert Tree Service Company in the amount of $31,350.00, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick NOES: Councilmember Johnson Bid Award The following bids were opened and publicly declared by the City Clerk at 10:00 A,M, on February 21, 1986, for a contract for street striping for 1986: Street Striping R 4 M Highway Improvement Whittier, California $46,351.00 Pacific Striping LER Whittier, California 47,150,00 Works Striping 4 Marking Service Pasadena, California 47,723.00 Orange County Striping Service Orange, California 48,475.00 Safety Striping Service Fillmore, California 49,320,00 Traffic Operations, Inc. Whittier, California 51,280.00 J 4 S Sign Company Orange, California 51.,675.00 General Marking Systems City of Industry, California 62,950.00 Redlands Paving Redlands, California 68,140.00 Swanston Equipment Company Fargo, North Dakota 76,548.00 Consley & Monpigny El Monte, California 82,450.00 i At this time, it is the recommendation of the Public Works Department that award be made to R 4 M Highway Improvements of Whittier, as theirs was the lowest, responsible bid. On motion of Councilmember Larsen, seconded by Councilmember DeMirjyn, Council approval was given to the award of the contract for street striping for 1986 to R 4 M s Highway Improvements in the amount of $46,351.00 by the; following vote: AYES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick NOES: Councilmember Johnson Bid Award The following bids were opened and publicly declared by the City Clerk at 10:00 A,%4, on. February 21, 1986, for a contract for trench patching for 1986: Trench Patching TPS Services, Inc. Redlands, California $ 42,700.00 Redlands Paving Redlands, California 65,100.00 AAA Paving Company Rialto, California 66,500.00 Z 8 I. Paving Redlands, California 120.000.00 At this time, it is the recommendation of the, Public Works Department that award be, made to IPS Services, Inc. of Redlands, as theirs was the lowest, responsible bid. On motion of Councitmember Larsen, seconded by Council member DeMirjyn, Council approval was given to the award of the contract for trench patching for 1986 to IPS Services, Inc. in the amount of $42,700.00 by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick NOES: Councilmember Johnson Bid Award The following bids were opened and publicly declared by the City Clerk at 10:00 A,M. on February 21, 1986, for a contract for the repair of split-face: rock curb for 1986: Rock Curb Repair Kershaw Construction Company Montclair, California $30,000.00 Redlands Paving Redlands, California 33,250.00 DeArmond Construction Fontana, California 42,400.00 Larry Jacinto Construction Mentone, California 84,000.00 At this time it is the recommendation of the Public Works Department that award be made to Kershaw Construction Company of Montclair, as theirs was the, lowest, responsible bid. On motion of Councilmember Tarsen, seconded by Councilmember. DeMirjyn, Council approval was given to the award of the contract for the repair of rock curb for 1986 to Kershaw Construction Company in the amount of $30,000.00 by the following vote;; AYES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick NOES: Councilmember Johnson Bid Award The following bids were opened and publicly declared by the City Clerk at 10:00 A.M, Street on February 21, 1986, for a Regenerative Air Street Sweeper: Sweeper' Kern Equipment Company Chino, California $70,643.70 Nixon-Egli Equipment Company Santa Fe Springs, California 90,100.00 (No Bid Bond Enclosed) At this time, it is the recommendation of the Purchasing Agent that award be. made to Kern Equipment Company of Chino as this was the lowest, responsible bid, On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, unanimous Council approval was given to the award of the purchase: of a Regenerative Air Street Sweeper to Kern Equipment Company of Chino in the amount of $70,643.70. COMMUNICATIONS Mayor Beswick asked Councilmember Johnson to see if he could get information from SCAG and/or Sanbag regarding the Santa Ana River Drive concept discussed at the joint meeting on February 28, 1986. Traffic Councilmember DeMirjyn reported that the Traffic Commission reviewed Don Carlson's request to close Pacific Street at their February 20, 1986, meeting and denied theIN Commission q Y l ' Referral request. During their discussion of this matter, the Traffic Commission voted to 365 recommend that the stop signs on Pacific Street be removed as they do not moat the State warrants, requirements and guidelines of the State Traffic Manuel, Chapter 4, Division 03,3. Expressing concern that a staff report had riot been prepared addressing this specific matter, Council directed this matter be returned to the Traffic Commission with a staff report, 0149 Will Mayor Pro Tem Larsen reported the Recreation Commission recommended naming Ballfield Costello No. 7 in the Community Field in honor of Will Costello, and moved to approve this Ballfield recommendation. Motion seconded by Councilmember DeMirjyn and carried unanimously. Joint Mayor Beswick announced the City Council will meet jointly with members of the Redlands Meeting School Board and their State representatives on Friday, March 21, 1.986, at 3:30 P.M. in the. Lyon's Gallery. UNFINISDED BUSINESS Ordinance; Ordinance No. 1905, an ordinance amending Ordinance No. '1000 of the City of Redlands No. 1,905 by adopting an additional land use district map as part of the official land use zoning map and adopting Zone Change No. 298, a change of zone from A-P (Administrative Zone ChangProfessional) District to C-3 (General Commercial) District for approximately .04 acres No, 298 " ge of Land located at 101 South Sixth Street was given its second reading of the title, by City Clerk Poyzer, and on motion of Councilmember Wormser, seconded by Councilmember DeMirjyn, further reading of the ordinance text was unanimously waived. Ordinance No. 1.905 was adopted on motion of Councilmember Larsen, seconded by Councilmember Wormser, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1909, an ordinance of the City of Redlands authorizing conditional use No, 1904 permits for utilization of existing single-family homes as bed and breakfast inns within any zone of the City was given its second reading of the title by City Clerk Poyzer, Bed and and on motion of Councilmember Wormser, seconded by Councilmember DeMirjyn, further Breakfast reading of the ordinance text was unanimously waived. Ordinance No. 1909 was adopted Inns on motion of Councilmember Larsen, seconded by Councilmember Johnson, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None 5 Ordinance Ordinance No. 1913, an ordinance amending Article 845 of the Redlands Ordinance Code No. 791,; relating to signs (recodification project) was given its second reading of the title by S1City Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded by Councilmember IR Signs Johnson, further reading of the ordinance text was unanimously waived. Ordinance No. 1913 was adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1914,. an ordinance amending Section 56,00 of Ordinance No. 1000 No. 1914, pertaining to zoning violations (recodification project) was given its second reading of the title by City Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded Zoning by Councilmember Johnson, further reading of the ordinance text was unanimously Violations waived, Ordinance No. 191.4 was adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance. No. 1915, an ordinance amending Sections 41402 and 41404 and adding Section No. 1915 47.407 to the Redlands Ordinance Code pertaining to massage regulations (recertification project) was given its second reading of the title by City Clerk Poyzer, and on motion Massage, of Councilmember DeMirjyn, seconded by Councilmember Johnson, further reading of Regulations the ordinance text was unanimously waived. Ordinance No. 1915 was adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1916, an ordinance amending Sections 2102.3, 51600, 51601, 51602, No. 1916. 51605, 51605.1, 51606, and 51615, repealing Section 2321 and Article 652, and adding Section 65103 of the Redlands Ordinance Code pertaining to bingo and business license VR Bingo and regulations (recertification project) was given its second reading of the title by City Business Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded by Councilmember License Johnson, further reading of the ordinance text was unanimously waived. Ordinance No. 1916 was adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No. 1917, an ordinance amending Sections 67011, 67012, 67014, and 68600.3 No. 1917 of the Redlands Ordinance Code to conform to the California Vehicle Code pertaining to vehicles and traffic (recertification project) was given its second reading of the title Vehicles by City Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded by and Councilmember Johnson, further reading of the ordinance text was unanimously Traffic waived= Ordinance No. 1917 was adopted on motion of Councilmember DeMirjyn, 4 seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ordinance Ordinance No, 1918, an ordinance amending Section 67402(a), 67501(a), 67601, 67608(x), No. 1918 68001(a), 68002(a), 68201(c), 68202(b) to conform to the California Vehicle Code pertaining to vehicles and traffic (recodification project) was given its second reading of the title Traffic by City Clerk Poyzer, and on motion of Councilmember DeMirjyn, seconded by and Vehicles Councilmember Johnson, further reading of Inc,, ordinance text was unanimously waived, Ordinance No. 1918 was adopted on motion of Councilmember DeMirjyn, seconded by Councilmember Larsen, by the following vote: AYES: Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None Ambulance: Councilmember Larsen moved to table Agenda Items 16(d) and (e) pertaining to the ambulance ordinance review and rates for further study. Motion seconded by Councilmember Wormser and carried unanimously, NEW BUSINESS Grant of On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, Council Easement unanimously authorized granting an easement to Southern California Edison Company for electric service to the New City Yard and authorized the Mayor and City Cleric to sign on behalf of the City. Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim of Morris McCann in the amount of $308.00 was unanimously found not to be a proper wry charge against the City and therefore rejected. Claim On motion of Councilmember DeMirjyn, seconded by Gauncilcnember Johnson, the claim of David Terry in an unknown amount was unanimously found not to be a proepr charge against the City and therefore rejected. Claim On motion of Councilmember DeMirjyn, seconded by Councilmember Johnson, the claim Of Baker Protective Services, Inc., dba Burns International Security Services, Inc, in an unknown amount was unanimously found not to be a proper charge against the City and therefore rejected. Bowl Fees Councilmember DeMirjyn moved to waive bowl rental fees for the Redlands Communitv Music Association's 1986 summer season and that the Optimist Club be permitted to sell License fruit juice during performances and be exempted from the City's business license Waiver requirements under Section 2122 of the Redlands Ordinance Code. Motion seconded by Councilmember Johnson and carried unanimously. PUBLIC HEARINGS (Continued) Mitigation At 7:50 P.M, Council returned to Agenda Item No. 12(d) for a public hearing regarding of mitigation of school impaction. City Attorney Calonne explained that. Council needed Schoi to approach this matter from a quasi-judicial standpoint measling that Council would Impaction act on the basis of the record of proceedings before it tonight and before it in the past as well. Attorney Calonne noted that it would be difficult for Council to divorce itself from the vast body of information that it has heard since February 1985. as there have been literally dozens of times when the matter has come up on the Council's agenda, and there have been at least two separate public hearings and a third major meeting in November 1985 when the fees were decided upon. Records of proceedings were giben to the City Clerk for retention as follows: 1. Redlands Unified. School District Impaction Mitigation Information dated February 1, 1986, 2. Supplemental Administrative Record, Superior Court of California, County of Sari Bernardino Case No. 228603; Redlands Unified School District, a Public, Unified School District, Petitioner, vs. City of Redlands, Deane Properties, and Does 1 : through 20, inclusive, Respondents, 3. Amended and Supplemental Petition for Writ of Mandate, Exhibits I through 11, Superior Court of the State of California for the County of San Bernardino, Case; No, 228603, Redlands Unified School District, a Public Unified School District, Petitioner, vs. City of Redlands, Deane Properties, and Does 1 through 20, inclusive, Respondents. 4. A letter from Manatt, Phelps, Rothenberg, Tunney 4 Phillips, Attorneys at Law, 11355 West Olympic Boulevard, Los Angeles, California, dated March 4, 1986, re: School Impaction Fees, representing Deane Properties. Attorney Calonne noted he had not had time to review the letter from the Deane Properties' legal counsel but that Clare Bernaski would probably address it during the public hearing, Attorney Calonne further explained that the second aspect of the quasi-judicial process was that Council needed to be aware of the „requirement that findings be made based on the evidence, and that form should allow someone reviewing it to trace Council's path from the raw evidence to the conclusion. Attorney Calonne described the nature of these findings, noting that Ordinance No. 1795 generally breaks 'itself down into two parts - the first being a declaration of school impaction or overcrowding which is'made by the School District and then presented to the City Council for concurrence or nonconcurrence. In this situation the Council has recognized this and that issue is basically behind us. The second phase of Ordinance No. 1795 addresses how the City and School. District will work together to salve the overcrowding problem and how to mitigate it. Mayor Beswick then opened the meeting as a public hearing, Dr. Warren Bryld, Superintendent of the Redlands Unified School. District, made a lengthy impaction presentation with the aid of an overhead projector. Said Impaction Presentation to Redlands City Council dated. March 4, 1986, is on file in the Office of the City Clerk. Responding to Councilmember Johnson's inquiry, Dr. B:ryld noted that figures presented were district-wide because their concerns were not just from within the City. William Davis, Davis-Duhaine Architects, was present and answered questions from the Councilmembers. Clayton Parker from Parker-Covert, attorneys for the School District was also present, Speaking in favor of the School District's stand were: Don Poe, Board Member; Terry Maloney, Smiley School; Patricia Estrada, high school teacher; David Regalado, Lugonia School principal; Doug Wells, school administrator; Bob Denham, Orangewood high School principal; Sue Teele, Board Member; Dick Bates, school administrator; and Bill Cunningham, Board Member. Protesting the school position were: Clare Bernaski, representing Deane Properties; Paul Landes, legal counsel for Gibraltar Builders; John Moore, Richard Feenstra, and Dan John who submitted a letter on March 1, 1986, which is on file in the office of the City Clerk. Also speaking was Shirley Harry, chairman of the Proposition iM Committee. During the public hearing Council. briefly recessed at 9:30 P.M. and reconvened at 9:40 P.M. The public hearing was declared closed at 11:05 P.M. at which time Mayor Beswick note=d that Council had now heard an enormous amount of testimony and that although much of it was not new, that it had been helpful. She thanked those present for their patience and willingness to expend the kind of time they had to get us this far. Mitigation Councilmember Larsen moved to direct staff to draft a resolution to be brought back of to Council on March 1.8, 1986, and to provide a detailed staff report covering the School following: Impaction I, whether or not a flat fee or a fee recognizing multi-family versus single-family might be warranted; 2. discussion of the master capital improvment plan; 3. discussion of inflation factors; 4. impact of SB 11.33 and discussion of possible readjustment of the fee structure in the event of major movement in Sacramento this year; 5, additional discussion on the figures used by the Council in reaching the $2,490 range; and 6. discussion of relative merits of fees within the range $2,400-$2,900 in light of the relative uncertainty presented at this point and the need to see some specific kinds of, proposals to reach conclusive determination on mitigation of these impacts. Motion seconded by Councilmember Wormser. Attorney Calonne told Council this report would contain options available to Council with some discussion of the evidence for the different options and allow Council the opportunity to review this document and make decisions on that basis. Councilmember Johnson questioned what other efforts have been made to secure funds other than this building fee and brought Council's attention to the existence of the Redevelopment Agency and its possible impact on the School District. He moved to amend Councilmember Larsen's motion by adding that staff be instructed to tell Council what: the costs would be and who it would be possible to dissolve the Redevelopment eX Agency. Motion seconded for discussion purposes by Councilmember DeMirjyn and failed by the following vote: r AYES: Councilmember Johnson NOES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick i 0152 Council discussed setting a fee at this time but decided to wait for the staff report for a presentation of a range of options to give them a more concrete basis from which to chose an appropriate figure. Councilmember DeMirjyn strongly expressed his opinion that he was willing to accept the figures of the School Board. Councilmember Larsen's ;x motion then carried by the following vote: AYES: Councilmembers Larsen, Wormser; Mayor Beswick 1 NOES: Councilmember DeMirjyn and Johnson ` Council concurred it would be appropriate to continue dialogue with the subcommittee and asked.the City Manager and School Superintendent to set up a meeting time. There being no further business, the meeting was adjourned at 11:32 P.M. Next regular meeting, March 18, 1986. Mayor o-r The City of Redlands ATTEST': w ( C ity C�exk 0-0-0-0-0-0-0-0 rt i��,