HomeMy WebLinkAbout050493_CCv0002.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, 212 Brookside Avenue, on May 4, 1993, at 3:00 P.M.
PRESENT Charles G. DeMirjyn,Mayor
Swen Larson, Mayor Pro Tem
William E. Cunningham, Councilmember
Dee Ann Milson, Councilmember
Jim Foster, Councilmember
James D. Wheaton, City Manager
Ronald C. Mutter,Assistant City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Ted Thomaidis, Redlands Daily Facts
Bill Rogers, The Sun
ABSENT None
The meeting was opened with a moment of silence in memory of former Vice
Mayor William T. Hartzell who died on April 22, 1993. Mayor Pro Tem Larson
delivered an invocation followed by the pledge of allegiance.
Minutes of the adjourned regular meeting of April 20, 1993, the regular meeting
of April 20, 1993, and the adjourned regular meeting of April 21, 1993, were
approved as submitted.
Bills and salaries were ordered paid as approved by the Finance Committee.
PLANNING AND COMMUNITY DEVELOPMENT
Planning Commission Actions - On motion of Councilmember Larson,
seconded by Councilmember Foster, the report of the Planning Commission.
meeting held on April 27, 1993,was unanimously acknowledged as received.
Minor Subdivision No. 209 - Time Extension - On motion of Councilmember
Larson, seconded by Councilmember Foster, Council unanimously approved a
one year time extension to February 26, 1994, for Minor Subdivision No. 209, a
subdivision of approximately .65 acres of land into two lots for property located
on a through lot between.Via Vista and Valley View Drives.
May 4, 1993
Page 1
COMMUNICATIONS
Appointment - Mayor DeMirjyn moved to appoint George Barich to serve as a
member of the Redlands Public Improvement Corporation; motion seconded by
Councilmember Foster and carried with Councilmember Cunningham voting
NO.
Request for Waiver of Park Fees - The Braille Institute requested a fee waiver
for table rentals and the use of the gazebo at Sylvan Park for their Spring Luau
to be held on June 18, 1993. Councilmember Milson moved to deny this
request as recommended by staff; motion seconded by Councilmember Larson.
and carried with Councilmember Foster voting NO.
JOINT MEETING- REDEVELOPMENT AGENCY
Resolution No. 4962 - Sale of Redevelopment Agency PropertX- Public hearing
was advertised for this time and place for a joint meeting of the City Council
and the Redevelopment Agency of the City of Redlands to consider the sale of
Redevelopment Agency-owned property located at the southwest intersection of
Fern Avenue and Redlands Boulevard. Mayor DeMirjyn declared the meeting
open as a public hearing for any questions or comments. None being
forthcoming, the public hearing was declared closed. Councilmember Larson
moved to adopt Resolution No. 4962, a resolution of the City Council of the
City of Redlands approving and authorizing execution of escrow instructions
between the Redevelopment Agency of the City of Redlands and American.
Baptist Homes of the West. Motion seconded by Councilmember Foster and
carried unanimously. (Also see Redevelopment Agency minutes dated May 4,
1993.)
Request for Waiver of Fees -As reported to the City Council on April 20, 1993,
the Southern California Housing Development Corporation is proposing to
develop a first time home buyer project for 35 units within an 85 unit townhouse
development to be located on the south side of Orange Avenue, easterly of
Alabama Street. They have requested deferment of the City's fees, calculated to
total $1,024,000, indicating they could be recouped in the future from the
Redevelopment Agency's housing set-aside fund. The City Council continued
this item to this time; staff has evaluated the availability of Redevelopment
Agency housing set-aside funds, met with County representatives on possible
HOME funding, and discussed these issues with the applicant. The applicant,
County representatives, and staff will meet to pursue the HOME project and
hope to have the determination of the use of HOME funding and a viable
proposal for presentation at the May 18, 1993, Council meeting. With this
information, Councilmember Foster moved to continue this request to May 18,
May 4, 1993
Page 2
1993. Motion seconded by Councilmember Larson and carried unanimously.
Councilmember Cunningham requested a study session prior to May 1.8, 1993,.
to inform him where the money is in the Redevelopment Agency.
Recess - The City Council meeting recessed at 3:12 P.M. to a Redevelopment
Agency meeting and reconvened at 3:14 P.M. to a closed session for the purpose
of discussing personnel matters and property disposition. The City Council
meeting reconvened at 7:00 P.M.
CLOSED SESSION REPORT
Property Sales - City Attorney McHugh reported the City Council, during closed
session, unanimously authorized staff to enter into escrow for the sale of the
property located at 320 West Olive Avenue. At the close of the evening session,
Council recessed to a closed session for the purpose of discussing the
disposition of property. Following the closed session, the City Council
reconvened and made the following report: The City Council unanimously
authorized staff to enter into escrow for the sale of the property located at 128
Grant Street.
PUBLIC HEARINGS
General Plan Amendment No. 49 - Public hearing was continued to this time
and place to consider General Plan Amendment No. 49 to change the land use
designation from Urban Reserve (Agricultural) to Low Density Hillside for
property located south of San Timoteo Canyon Road, approximately one mile
northwesterly of the intersection of San Timoteo Canyon Road and Alessandro
Road (Lantech Group, applicant). Mayor DeMirjyn declared the meeting open
as a public hearing. Councilmember Larson moved to continue this public
hearing to May 1.8, 1993, to allow staff to prepared a revised negative
declaration. Motion seconded by Councilmember Milson and carried
unanimously.
Zone Change No. 348 - Public hearing was continued to this time and place to
consider Zone Change No. 348, a change of zone from A-1 (Agricultural)
District to R-R (Rural Residential) District for an area south of San Timoteo
Canyon Road, approximately one mile northwesterly of the intersection of San.
Timoteo Canyon Road and Alessandro Road (Lantech Group, applicant).
Mayor DeMirjyn declared the meeting open as a public hearing.
Councilmember Larson moved to continue this pubic hearing to May 18, 1993,
to allow staff to prepare a revised negative declaration. Motion seconded by
Councilmember Milson and carried unanimously.
May 4, 1993
Page 3
Street Lighting District- Public hearing was advertised for this time and place to
consider approval of Annexation No. 6 to Street Lighting District No. 1. Mayor
DeMirjyn declared the meeting open as a public hearing for any questions or
comments. None being forthcoming, the public hearing was declared closed.
Councilmember Cunningham moved to adopt Resolution No. 4938, a resolution
of the City Council of the City of Redlands ordering the work in connection
with Annexation No. 6 to Street Lighting District No. I for Planning
Commission Review and Approval No. 648 and Conditional Use Permit No.
581. Motion seconded by Councilmember Milson and carried with
Councilmembers DeMirjyn and Foster voting NO.
Landscape Maintenance District - Public hearing was advertised for this time
and place to consider approval of Annexation No. 9 to Landscape Maintenance
District No. 1. Mayor DeMirjyn declared the meeting open as a public hearing
for any questions or comments. None being forthcoming, the public hearing
was declared closed. Councilmember :Milson moved to adopt Resolution No.
4942, a resolution of the City Council of the City of Redlands ordering the work
in connection with Annexation No. 9 to Landscape Maintenance District No. 1
for Planning Commission Review and Approval No. 648 and Conditional Use
Permit No. 581. Motion seconded by Councilmember Cunningham and carried
with Councilmembers DeMirjyn and Foster voting NO.
UNFINISHED BUSINESS
Ordinance No. 221.9 - Councilmanic District Boundaries - Tony Martinez
threatened the City Council with legal action if it did not approve the City
Councilmanic district boundaries as contained in Map No. 5. John Wycoff
threatened the City Council with legal action if it approved Map No. 5 as he felt
this map was an example of gerrymandering and violated his civil rights by
denying him his right the vote; he also urged the City Council to abolish the
district system. Ordinance No. 2219, an ordinance of the City of Redlands
amending Chapter 2.10 of the Redlands Municipal. Code to adjust boundaries of
Councilmanic Districts pursuant to California Elections Code Section 35101
and approving Map No. 5, was given its second reading of the title by Deputy
City Clerk Sanchez, and on motion of Councilmember Larson, seconded by
Councilmember Foster, further reading of the ordinance text was
May 4, 1993
Page 4
unanimously waived. Ordinance No. 2219 was adopted on motion of
Councilmember Larson, seconded by Councilmember Foster by the following
vote:
AYES: Councilmembers Larson,Foster; Mayor DeMirjyn
NOES: Councilmembers Cunningham and Milson
ABSENT: None
Initiative Ordinances - Election of Councilmembers - City Attorney McHugh
reported to the City Council the two proposed initiative ordinances, submitted
by Michael Haverty at the last Council meeting, providing for the election of
members of the City Council of the City of Redlands at large and providing for
the election of Councilmembers from districts complied with State law. He
noted the proposed initiative ordinance submitted by Claude Johnson providing
for the election of Mayor on a citywide basis for a term of two years and the
election of a Councilmember from each of four districts for a term of four years
did not comply with election law. He indicated staff was willing to work with
Mr. Johnson to correct the deficiency. Michael Atencio did not feel it would be
proper for the City Council to place these measures on the November ballot; he
felt the proponents should have to circulate petitions to qualify the measure for
election. Councilmember Cunningham's motion to place the two initiative
ordinances submitted by Mr. Haverty on the November 1993 ballot was not
seconded. Councilmember Foster indicated he felt any change to the method of
election of Councilmembers should be done by circulated petitions.
Councilmember Milson indicated her support of the concept of district
representation but felt Councilmembers should be responsible to all citizens.
Councilmember Larson felt that Councilmembers should support the entire City.
No action was taken at this meeting.
Contract Award - Orange Street and Alabama Street - Bids were opened and
publicly declared on April 23, 1993, in the Office of the Public Works Directors
for the Alabama and Orange Street Emergency Reopenings Over the Santa Ana
River Project. At this time, it is the recommendation of Ron Mutter, Director of
the Department of Public Works, that the responsible bidder submitting the bid
for said project which will result in the lowest cost to the City is Riverside
Construction Company in the amount of $468,728.00, and it is in the best
interest of the City that this contract be awarded to said firm. He indicated work
would commence next week and should be completed by the first of July, 1993.
On motion of Councilmember Larson, seconded by Councilmember
Cunningham, this recommendation was unanimously approved.
May 4, 1993
Page 5
NEW BUSINESS
City-Owned Property - Elizabeth Schaffer, a tenant in the City-owned house
located at 128 Grant Street, addressed Council expressing her concerns
regarding the sale of several of the City-owned houses and urged the City
Council to have consideration and compassion for the low-income, elderly
renters.
Utilities Users' Tax - Mayor DeMirjyn requested the City Council's indulgence
by permitting the calling for a public hearing on the utility users' tax for the
limited purpose of beginning the long process required to cover the public
notice. From the time the City Council would act to set a hearing, at least 45
days must elapse before a hearing may be held. If the decision to have a tax is
delayed, the Council will have to decide how much money must be raised and
the percentage of the tax rate would have to be adjusted accordingly. Mayor
DeMirjyn felt that setting a hearing, regardless of the ultimate decision on the
tax, was the wisest step to take at this time. In response to questions, City
Attorney McHugh said a utility users' tax for a specific use required an election.
with a two-thirds voter approval but that a general tax can be approved by the
City Council. Gordon Dittemore opposed a utility users'tax but suggested a city
sales tax. Phyllis Irshay urged the City Council to continue their support of the
library. Chester Horstmann felt it would be a great disservice and mistake to cut
library services and urged approval of a utility users' tax. Sherman Fitzgerald
presented a petition, containing approximately 138 signatures of members of the
Joslyn Senior Center showing support of a one percent utility tax. On behalf of
the senior citizens he represents, Tony Martinez indicated support if the funds
go to a specific fund - not the general fund. President of the A. K. Smiley
Public Library Board Bill Hardy reported unanimous support for a utility users'
tax. Following discussion, Councilmember Cunningham moved to direct staff
to bring back a recommendation to place this matter on the November ballot
with uses of the funds specified. Motion seconded by Councilmember Milson
and carried with Councilmember Foster voting NO.
Consent Calendar - The following items were acted upon during the afternoon.
session:
Animal Control Contract - On motion of Councilmember Larson, seconded by
Councilmember Foster, Council unanimously authorized the renewal of an
agreement for the City of Redlands to provide animal control services to the
City of Highland.
Resolution No. 4974 - Cable Television Franchise - On motion of Council-
member Larson, seconded by Councilmember Foster, Council unanimously
May 4, 1993
Page 6
approved Resolution No. 4974, a resolution of the City of Redlands approving
the transfer of the cable television franchise from American Cable TV of
Redlands Joint Venture to TCI Cablevision of California,Inc.
Resolution No. 4975 - Regulation for Candidates' Statements - On motion of
Councilmember Larson, seconded by Councilmember Foster, Council unani-
mously approved Resolution No. 4975, a resolution of the City Council of the
City of Redlands adopting regulations for candidates for elective office
pertaining to materials submitted to the electorate and the costs thereof for the
General Municipal Election to be held in said City on Tuesday, November 2,
1993.
Resolution No. 4976 - Parking Regulations - Following assurance the proposed
parking regulations for the parking structure located at Citrus Avenue and Sixth
Street would not affect Market Night, Councilmember Cunningham moved to
approve Resolution No. 4976, a resolution of the City Council of the City of
Redlands establishing the following traffic regulations pursuant to Title 10 of
the Redlands Municipal Code: designate the upper level of the parking structure
located at Citrus Avenue and Sixth Street for unrestricted free parking and
designate the lower level of the same parking structure as leased parking, with
leasing of spaces administered by the City Treasurer. Motion seconded by
Councilmember Milson and carried unanimously.
Outside City Connections - Tract No. 13768 - On motion of Councilmember
Larson, seconded by Councilmember Foster, Council unanimously approved the
allocation of 58 water and sewer connections for Tract No. 13768 and Tract No.
13768-1 located on the north side of Nice Avenue, between Agate Avenue and
Olivine Avenue in Mentone.
Employee Vacancies - On motion of Councilmember Larson, seconded by
Councilmember Foster, Council unanimously authorized filling the position of
Water Line/Fire Specialist in the Public Works Department.
Agreement - Mining Activities - On motion of Councilmember Milson,
seconded by Councilmember Cunningham, Council unanimously continued an
agreement between the Cities of Redlands and Highland for regulation of the
mining activities at the C. L. Pharris "Johnson Pit" and "Redlands Aggregates"
mining sites to May 18, 1993, City Council meeting.
Water Development Impact Fees - On motion of Councilmember Larson,
seconded by Councilmember Foster, Council unanimously denied the request of
Caltrans to waive Water Source Acquisition and Water Capital Improvement
May 4, 1993
Page 7
Charge fees for the development of a back-up potable water system at the I-
10/SR 30 interchange.
Lease-Purchase Agreement - Copy Machine - On motion of Councilmember
Larson, seconded by Councilmember Foster, Council unanimously authorized a
lease purchase agreement with Xerox Corporation for acquisition of a 5034
ZTAST copier to replace an older, unreliable copier machine in the Public
Works Department.
Funds - Household Hazardous Waste - On motion of Councilmember Larson,
seconded by Councilmember Foster, Council unanimously approved an.
appropriation of $8,725.00 from the Hazardous Waste Special Contractual
Services Account No. 56-7204-1.880 and approved receipt of Household
Hazardous Waste Grant Funds in the same amount to Revenue Account No. 56-
480.
Recess - The City Council meeting recessed at 7:58 P.M. to a closed session for
the purpose of discussing the disposition of property. Following the closed
session, the City Council reconvened and made the following report: The City
Council unanimously authorized staff to enter into escrow for the sale of the
property located at 128 Grant Street.
Adjournment - There being no further business, the meeting adjourned to an
adjourned regular meeting to be held on May 11, 1993, at 9:00 A.M. in the City
Council Chambers, 212 Brookside Avenue, Redlands, California.
City Clerk
May 4, 1993
Page 8