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HomeMy WebLinkAbout090694_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the Council Chambers, 212 Brookside Avenue, on September 6, 1994, at 3:00 P.M. PRESENT Swen Larson, Mayor Jim Foster, Mayor Pro Tem William E. Cunningham, Councilmember Gilberto Gil, Councilmember Pat Gilbreath, Councilmember Gary M. Luebbers, City Manager Daniel J. McHugh, City Attorney Lorrie Poyzer, City Clerk Ted Thomaidis, Redlands Daily Facts Steven Church, The Sun ABSENT None The meeting was opened with an invocation by Councilmember Gil followed by the pledge of allegiance. CONSENT CALENDAR Minutes - Minutes of the regular meetings of August 2, 1994, and August 16, 1994,were approved as submitted. Bills and Salaries - Bills and salaries were ordered paid as approved by the Finance Committee. Contract Monitoring Reports - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously acknowledged receipt of the monthly contract monitoring reports updated through August 23, 1994, for projects currently being administered by the Public Works Department. Contract Award - Bids were opened and publicly declared on August 3, 1994, by the City Clerk for a Community Development Block Grant funds project to install a new roof at the Frazee Senior Homeless Shelter (Delaware House); a bid opening report is on file in the Office of the City Clerk. At this time, it is the recommendation of the Department of Community Development with the concurrence of the County Department of Economic and Community Development, that the responsible bidder submitting the bid for said project which will result in the lowest cost to the City is Don Luginbill Roofing, Inc., DBA J. J. Roofing, in the amount of$4,589.00 and it is in the best interest of the City that this contract be awarded to said firm. On motion of Council- September 6, 1994 Page 1 member Foster, seconded by Councilmember Gilbreath, this recommendation was unanimously approved. Employee Vacancies - Councilmembers discussed the process of filling the Fire Marshall position and requested further information. On motion of Councilmember Larson, seconded by Councilmember Gil, Council unanimously authorized the filling of the following employee vacancies: Concrete Worker and Information Systems Technician, and continued the discussion on the Fire Marshall position. Contract - Youth Ensemble of Strings - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously authorized, as recommended by the Cultural Arts Commission, the contracts with Karen Thurman and Carolyn Beckie who will be the conductor and assistant conductor respectively for the Youth Ensemble of Strings 1994-95 program and authorized the Mayor and City Clerk to sign the documents on behalf of the City. Funds - Steel Foundation Grant for the Arts Program - On motion of Council- member Foster, seconded by Councilmember Gilbreath, Council unanimously approved the award of$250.00 each to the Redlands Festival Ballet, Redlands High School Music Boosters, and Home Again as first year recipients of grant funds from the Steel Foundation Grant for the Arts Program (Account 04-1217) as recommended by the Cultural Arts Commission. Funds - Redevelopment A eg_M - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously approved a $3,200,000.00 cash advance to the Redevelopment Agency from the General Fund to be repaid by December 31, 1994, to provide cash to meet the current year operating expenses and prior years' accumulated cash deficit until property taxes are received in December. Funds - 1993-94 Debt Service Expenditures - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously approved an additional appropriation in the amount of $219,191.00 for principal and interest expense within the General Government budget of the General Fund for fiscal year 1993-94. These funds will cover the interest expense in connection with the 1993-94 Tax and Revenue Anticipation Notes and the unbudgeted principal and interest relating to the Honeywell equipment lease. Funds - Library Groundskeeper - With the significant reduction in parks maintenance staff over the past three years, routine maintenance efforts in all park facilities have been reduced. This reduction has affected the new Library gardens, and the Library Board has donated $3,800.00 to be used to hire a part- September 6, 1994 Page 2 time employee to provide specific maintenance needs for these gardens. Councilmember Gil moved to approve an appropriation in the amount of $3,800.00 to expend the donation from the Library Board for a part-time groundskeeper. Motion seconded by Councilmember Larson and carried unanimously. Lease Agreement - Parking Spaces - On motion of Councilmember Foster, seconded by Councilmember Gilbreath, Council unanimously authorize a lease agreement with Valencia Group, Inc. for 20 parking spaces on the upper deck of the parking structure located at Sixth Street and Citrus Avenue. These parking spaces will be designated as employee parking for tenants in the Citrus Building (formerly Academy of Music) located on the northeast corner of Citrus Avenue and Orange Street. PLANNING AND COMMUNITY DEVELOPMENT Planning Commission Actions - At their August 9, 1994, meeting, the Planning Commission recommended approval of Zoning Ordinance Text Amendment No. 233 which would allow sludge composting as a conditional use in the A- I(Agricultural) District. Councilmember Cunningham felt this use was inappropriate and opposed this recommendation. (Note: A public hearing before the City Council is scheduled for October 4, 1994, to this amendment to the Redlands Municipal Code.) On motion of Councilmember Foster, seconded by Councilmember Gilbreath, the report of the Planning Commission meeting held on August 9, 1994, was acknowledged as received. COMMUNICATIONS San Bernardino International Airport - Mayor Larson highlighted recent activities at the San Bernardino International Airport: Trevor Van Horn's resignation as the Airport Manager and his interim replacement; the receipt of ten natural gas vehicles; and construction of street improvements which are under progress. 1994-95 Budget Book - Finance Director Steven M. Chapman presented the 1994-95 adopted budget book which reflected some changes which he summarized. Councilmember Foster objected to the shortfall projected for 1998-99 and asked staff how they proposed to cover the deficit without the Utility Users' Tax. City Manager Luebbers responded staff is committed to eliminating the Utility User's Tax by that time. Councilmember Larson moved to accept the 1994-95 adopted budget book as presented by the Finance Director. Motion seconded by Councilmember Gil and carried with Council- members Cunningham and Foster voting NO. September 6, 1994 Page 3 Appointments - Public Works Commission - Mayor Larson nominated Dwight B. (Burnie) Cavender to be appointed to fill the Public Works Commission term which will expire November 16, 1997, and Charles W. Heaton to fill the Public Works Commission term which will expire September 6, 1998. Motion seconded by Councilmember Foster and carried unanimously. Sale of Surplus Equipment - City Manager Luebbers reported the Municipal Utilities Department recently conducted an auction to sell surplus equipment and netted $51,000.00. Equipment Maintenance Manager Mike Sepulveda was recognized for his efforts as having done a superb job. Development Projects - Community Development Director Jeffrey L. Shaw summarized the status of key development projects including: 1. Elecktus Technology - A 21,480 square foot office and industrial building located on Park Avenue, west of Alabama Street, in the Industrial Commercial District of the East Valley Corridor. 2. Cities Pavillion/Un MacDonald - A concept plan and the subdivision of 57.47 acres located south of San Bernardino Avenue, north of Pennsylvania Avenue, between Texas Street and State Route 30, in the Special District of the East Valley Corridor Specific Plan. The project proposes a movie theater, restaurants, hotel, retail and office uses. 3. Citrus Plaza/Majestic Realty - Annexation, concept plan, development agreement, subdivision, and conditional use permit for a regional shopping center situated on approximately 124 acres bounded by Route 30, Lugonia Avenue, San Bernardino Avenue, and Alabama Street in the East Valley Corridor Specific Plan. The project proposes a phased project with mixed use elements such as hospitality, restaurant, an office in addition to traditional retail and entertainment uses. Plans show an indoor shopping mall with five major department stores. At buildout, total project square footage will be approximately 1.85 million square feet. 4. Sterling on the Greens/Marlboro Development Corporation - Development agreement and annexation of approximately 614 acres in the Crafton area generally located north and south of Sand Canyon Road, west of Crafton College and north of the San Bernardino Freeway. The project consists of 610 single family detached homes, an 18 hole golf course and club house. 5. Downtown Theater/Brand - Approved conditional use permit to allow development of a 14 screen movie theater project located west of Third Street, east of Eureka Street, and south of Shoppers Lane in the Town Center Historic District of Specific Plan No. 45. 6. Family Theme Entertainment Park/Aladdin Entertainment Group - A proposal to develop a family theme entertainment park on 17 acres of land located at the southwest corner of California Street and Lugonia Avenue. September 6, 1994 Page 4 The park includes race car facilities, golf courses, water amusement activities, amusement rides, arcade, and a family entertainment complex. Councilmember Gilbreath suggested authorizing the City Manager and City Attorney to begin negotiations for development agreements with final approval and ratification by the City Council. Although the parameters of this authorization were discussed at length, no action was taken. Settlement Agreement - Jane Un MacDonald - City Attorney McHugh reported a proposed settlement agreement was delivered to his office this morning executed by Jane Un MacDonald. Noting that the need to take action on this matter was immediate, Councilmember Larson moved to add the following item to the agenda which arose subsequent to the agenda being posted: "Discussion and possible action - Settlement Agreement by and among Jane Un MacDonald, Tom Brand, and the City of Redlands." Motion seconded by Councilmember Cunningham and carried unanimously. Mr. McHugh explained that the document proposes Ms. MacDonald will withdraw her appeal of the Brand theater project (Conditional Use Permit No. 613 scheduled for public hearing at 7:00 P.M. on this date) in exchange for the City refunding all fees to her associated with the appeal, and Mr. Brand agreeing not to file an appeal or protest, or take any action or challenges adverse to Ms. MacDonald, or any development project or business venture in which Ms. MacDonald has any interest. Mr. Brand has been made aware of the proposed settlement agreement and has indicated he will sign the agreement. Councilmember Cunningham moved to approve this settlement agreement as presented and authorized the Mayor and City Clerk to sign the document on behalf of the City. Motion seconded by Councilmember Gilbreath and carried unanimously. Water Meters - Orange Grove Mobile Home Estates - On behalf of Golden State Mobile Homeowner's League, Chapter 809, C. E. Freeman, President, reported the owner/management of the Orange Grove Mobile Home Estates, located at 626 North Dearborn Street, has initiated a policy of installing water meters and charging new tenants for water consumed. Members of G.S.M.O.L. feel that this is a violation of Chapter 5.48 of the Redlands Municipal Code, and requested the City Council to evaluate this condition and advise them as to their findings and the appropriate action to be pursued. Councilmember Cunningham moved to authorize the City Attorney, with staff and Mobilehome Rent Review Board assistance as needed, to explore and resolve this matter. Motion seconded by Councilmember Foster and carried unanimously. CLOSED SESSION September 6, 1994 Page 5 The City Council meeting recessed at 3:38 P.M. to a Redevelopment Agency meeting and reconvened at 3:40 P.M. to a closed session to discuss the following matters: (a) Conference with legal counsel: Existing litigation- Government Code §54956.9 - City of Redlands v. Moskowitz - City of Redlands v. Trudi Brown - City of Redlands v. Sonia Gonzalez - Big Bear Municipal Water District v. North Ford Water Company, et al - San Bernardino Superior Court Case No. 165493 (b) Conference with legal counsel: Anticipated litigation - Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: One potential case (c) Conference with real property negotiator - Property: Assessor's Parcel No. 290-271-01 Negotiating Parties: Michael Huffstutler and San Bernardino Valley Municipal Water District Under Negotiation: Terms and price - Property: Assessor's Parcel No. 318-111-02 Negotiating Parties: Michael Huffstutler and Ted Conibear Under Negotiation: Terms and price - Property: Assessor's Parcel No. 171-244-12 (11 Grant Street) Negotiating Parties: Marjie Pettus and Universal Pictures Under Negotiation: Terms and price - Property: Assessor's Parcel No. 171-342-04 and 05 (746 East Citrus Avenue-Trolley Car Barn) Negotiating Parties: Marjie Pettus and Jerry Scrotsky with Manly R. Hyde Under Negotiation: Terms and price - Property: Assessor's Parcel Nos. 292-192-06 and 167-391-03 Negotiating Parties: Gary Phelps and Donald and Laura Teunissen Under Negotiation: Terms and price - Property: Assessor's Parcel No. 168-291-02 (Wabash and Colton Avenues) Negotiating Parties: Ron Mutter and George Glenn/Pete Marcum Under Negotiation: Terms and price - Property: Assessor's Parcel No. 168-041-37 (Wabash Grove) September 6, 1994 Page 6 Negotiating Parties: Ron Mutter and Roy and Beverly Haskins Under Negotiation: Terms and price The City Council meeting reconvened at 7:00 P.M. PRESENTATIONS Resolution of Congratulations - Mayor Larson and Councilmember Gil presented a resolution of congratulations to Maurice A. Calderon, Senior Vice President and Chief Administrative Officers of the Redlands Federal Bank. The first regional meeting of the Hispanic Chambers of Commerce Association is occurring on September 14, 1994, in the Redlands Federal Bank Headquarters. The Hispanic Chambers of Commerce Association is committed to promoting economic development and business opportunities in the region and encourages a working partnership between the Latino community and government, education, and business in order to build optimum opportunities for all citizens. This resolution congratulated the Hispanic Chambers of Commerce Association and extend the City Council's best wishes for its future success. Redlands Noon Optimist Club - On behalf of the Redlands Noon Optimist Club, Chris Henzel presented a check in the amount of$500.00 to the City Council which represented a donation from the proceeds from their recent car show held in Sylvan Park towards maintenance for the wear and tear at the park. CLOSED SESSION REPORT City Attorney McHugh reported the following actions were taken during the closed session: Lease - Universal Pictures - With Councilmember Cunningham abstaining due to a possible conflict of interest, the City Council authorized execution of a lease with Universal Pictures for the property located at 11 Grant Street. Lease - Trolley Car Barn - By unanimous vote, the City Council authorized a lease of the property located at 746 East Citrus Avenue known as the Trolley Car Barn. Property Acquisition - With Councilmembers Larson and Cunningham voting NO, Council authorized acquisition of Parcel No. 168-041-37 (Wabash Grove) subject to the adopting of an ordinance reallocating Measure O funds. PUBLIC HEARINGS September 6, 1994 Page 7 Appeal - Conditional Use Permit No. 613 - Public hearing was continued to this time and place to consider an appeal of the Planning Commission's approval of an application for the adoption of a Negative Declaration and action on a conditional use permit for the proposed construction of a 37,480 square foot, 14 screen movie theater, to be located west of Third Street, east of Eureka Street, and south of Shoppers Lane in the Town Center Historic District of Specific Plan No. 45, and a 177 space parking lot to be located west of Eureka Street and south of Oriental Street (Tom Brand, applicant) (Jane Un MacDonald, appellant). A settlement agreement among Jane Un MacDonald, Tom Brand, and the City of Redlands presented at this afternoon's session, was approved by the City Council and has been signed by Ms. MacDonald and Mr. Brand. Therefore, this appeal was withdrawn and the public hearing canceled. Ordinance No. 2256 - General Plan Amendment No. 54 - Public hearing was continued to this time and place to consider General Plan Amendment No. 54 and its associated Environmental Impact Report, findings and statement of overriding considerations regarding environmental impacts and mitigation monitoring plan. Mayor Larson declared the meeting open as a public hearing to allow for any questions or comments during Community Development Director Jeffrey L. Shaw's presentation of issues continued from the July 19, 1994,public hearing. Urban Reserve - On July 19, 1994, the City Council by a 4-1 vote modified the definition of Urban Reserve (Agriculture) to include only areas designed Urban Reserve (Agriculture) on the General Plan as it existed on June 1, 1987. The modified definition allows the Council alternative land use designations for a number of parcels within the City. When evaluating the new criteria, staff found two areas where additional interpretation was needed. First, for those areas where there had been decisions to expand the Urban Reserve boundary to accommodate a change of zone, staff determined these areas were not subject to the Measure N criteria since the zoning was already established. Second, since the Urban Reserve boundary is curvilinear and not parcel specific, some of the parcels were divided. Staff took the position that if the parcel was divided, then it was subject to Measure N. Councilmember Foster did not agree with this interpretation and moved to establish a policy that if any portion of a parcel is not within the Urban Reserve, the other General Plan designation will apply. Councilmember Gilbreath seconded the motion. On behalf of the Redlands Association, R. A. Moore questioned the legality of this motion, and Councilmember Cunningham argued in favor of the staffs interpretation. The motion carried with Councilmember Cunningham voting NO. Mr. Stuart Founter, owner of a parcel located on the northwest corner of Orange and Nevada Streets objected to the designation Very Low Density September 6, 1994 Page 8 Residential. Councilmember Foster moved to (1) change a 4.75 acre parcel located south of Lugonia Avenue and west of Texas Street from Very Low Density Residential to Medium Residential (APN 169-021-02); (2) change a 4.21 acre parcel located at the southeast corner of San Bernardino Avenue and Texas Street from Very Low Density Residential to Low Density Residential (APN 167-805-01); (3) change an area located south of Lugonia Avenue, west of Judson Street, from Very Low Density Residential to Low Density Residential (APN 168-251-01, 02; 168-241-01, 02, 03, 14, 15, 17, 18, 19); (4) change an area located at the northwest corner of Colton Avenue and Wabash Avenue from Very Low Density Residential to Low Density Residential (APN 168-291-02); and (5) retain the Medium Density Resi- dential designation for parcels located westerly of Nevada Street and northerly of Orange Street in the East Valley Corridor (APN 292-164-04; 292-165-01, 10; 292-167-11, 12). Motion seconded by Councilmember Gil and carried with Councilmember Cunningham voting NO. East Valley Corridor Specific Plan - Land Use Designations - The City Council's decision on July 19, 1994, to modify the definition of Urban Reserve (Agriculture) on the General Plan as it existed on June 1, 1987, allows for designation of Medium Density Residential land uses within portions of the East Valley Corridor Specific Plan. Generally the areas located west of California Street from the San Bernardino Freeway to the Santa Ana River and areas south of Pioneer Avenue, west of Texas Street, and easterly of State Route 30 to the San Bernardino Freeway would no longer be subject to the residential density criteria established under Measure N. Councilmember Cunningham's motions to oppose this policy or delete this policy did not receive seconds. No action was taken by the City Council and the policies remained as proposed. Conservation District - Staff is still evaluating Jon Harrison's proposal to provide for a "Conservation District" designation that would apply to the historic residential neighborhood areas. Mr. Harrison urged the City Council to support this approach for the historic neighborhoods on the south and north sides of Redlands. Staff will continue its research on this matter. Open Space and Conservation Element - Betty Voss raised several issues pertaining to criteria within the Open Space and Conservation Element. Mr. Shaw reviewed these issues with Ms. Voss and summarized them as follows: (1) Section 7.21i requires projects in wildlife corridors or in areas containing valued habitat to prepare site specific analysis that will determine how a project will mitigate and provide appropriate buffer zones relative to those habitats. The Voss property is shown in an area potentially containing valued habitat and is adjacent to a wildlife corridor and therefore would be required to have a site analysis done prior to development of the property. September 6, 1994 Page 9 (2) Section 7.211 indicates that the City shall encourage the U. S. Army Corps of Engineers to design a "soft" channel and sedimentation basins. Council discussed the proposed Corps of Engineers project referring back to their action taken recently to support a County bond issue which indicated construction of a "hard" channel. Councilmember Foster moved to delete Section 7.211; his motion did not receive a second. Councilmember Gilbreath moved to direct staff to continue to pursue the "soft" channel approach in San Timoteo Canyon. Motion seconded by Councilmember Cunningham and carried with Councilmember Foster voting NO. (3) On Page 9 of the Open Space and Conservation Element in the discussion of trails, it is indicated that a trail corridor is identified as "San Timoteo Canyon adjoining the north side of San Timoteo Creek." Staff believes the intent of this corridor is to attempt to utilize existing street, flood control, and in some areas railroad right-of-ways rather than acquiring private property. Staff recommended that the phrase "north side of be deleted allowing more flexibility to the development of the trail corridor. Councilmembers concurred with this recommendation. Environmental Impact Report and Master Environmental Assessment - Community Development Director Shaw reviewed is staff report regarding the Environmental Impact Report and Master Environmental Assessment. While staff believes they adequately address and mitigate impacts as required by the California Environmental Quality Act, it was recommended the document be evaluated and modified as necessary by a consultant specializing in environmental matters. Specifically, changes to the land use component require an update of the traffic analysis by DKS which would include an evaluation relative to the Congestion Management Plan. Environmental Effects - An objective of the General Plan is to implement well-designed policies which will avoid causing significant adverse environmental impacts. In this sense, the Plan is seen as "self-mitigating." Despite this goal, significant adverse environmental impacts remain, some attributable to implementation of the Plan, others as a result of regionally cumulative impacts. Staff recommended that a consultant specializing in environmental matters be hired to assist staff in preparing the findings, mitigation monitoring program, and statement of overriding considerations regarding the environmental effects of the General Plan. Housing Element - The Housing Element has been completely revised to incorporate the 1990 census data. Staff reviewed all data and where feasible obtained updated information. Current housing legislation was reviewed, and the Housing Element incorporates those requirements. The draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) in accordance with the California September 6, 1994 Page 10 Government Code in 1989 and March, 1994. The review and findings of HCD are provided in a letter to the City dated April 28, 1994, attached to the Housing Element as Appendix A. The Housing Element has been modified and expanded to comply with State requirements as identified in this letter. Public Hearing Continued - Councilmember Foster moved to continue this public hearing to September 20, 1994, at 7:00 P.M. to start at the front of the book and approve a section at a time. Motion seconded by Councilmember Larson and carried unanimously. NEW BUSINESS Ordinance No. 2257 - Tobacco Vending Machines - Perry Dyke introduced members of the Task Force who recommended adoption of an ordinance which would prohibit any cigarettes or tobacco related materials from being sold through vending machines. Ordinance No. 2257, an ordinance of the City of Redlands amending Chapter 8.54 of the Redlands Municipal Code relative to tobacco vending machines, was read by title only by City Clerk Poyzer, and on motion of Councilmember Cunningham, seconded by Councilmember Larson, further reading of the ordinance text was unanimously waived. Ordinance No. 2257 was introduced with unanimous Council approval and laid over under the rules with second reading scheduled for September 20, 1994, on motion of Councilmember Cunningham, seconded by Councilmember Gilbreath. Ordinance No. 2261 - Graffiti Abatement - City Manager Luebbers recommended adoption of an ordinance to strengthen the City's enforcement procedures relating to graffiti. Councilmembers concurred to table this ordinance for more study and fine-tuning. PUBLIC COMMENTS Zone Change and General Plan Amendment - On behalf of Mr. Mohsen Dehdashti, Michael Atencio reminded Councilmembers that when Annexation No. 62 was approved on January 19, 1989, the Council said they would initiate a zone change and General Plan amendment. This has not yet been done, and Mr. Atencio urged the Council to direct staff to proceed. Councilmembers concurred with this request. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8:18 P.M. The next regular meeting will be held on September 20, 1994. September 6, 1994 Page 11 City Clerk September 6, 1994 Page 12