HomeMy WebLinkAbout092094_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 20, 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
(arrived at 3:50 P.M.)
Gary G. Phelps,Acting 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 Cunningham
followed by the pledge of allegiance.
Mayor Larson extended congratulations to Councilmember Gil upon his being
named Latino of the Year by the Northside Impact Committee this past
weekend.
CONSENT CALENDAR
Minutes - Minutes of the regular meeting of September 6, 1994, were approved
as submitted.
Bills and Salaries - Bills and salaries were ordered paid as approved by the
Finance Committee.
Employee Positions - On motion of Councilmember Gilbreath, seconded by
Councilmember Foster, Council unanimously authorized the filling of the
following vacancies: Account Clerk II (Utility Billing) and Water Meter Reader.
Resolution No. 5041 - Disability Retirement - On motion of Councilmember
Gilbreath, seconded by Councilmember Foster, Council unanimously adopted
Resolution No. 5041, a resolution of the City of Redlands determining that
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Robert Brickley is incapacitated within the meaning of the Public Employees'
Retirement Law for performance of his duties in the position of Police Chief.
Funds - Year-End Encumbrances - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, Council unanimously approved an
additional appropriation for all 1993-94 year-end encumbrances. These
encumbrances represent commitments of future liabilities and are treated as a
separate reserve of fund balance.
Unexpended Development Impact Fees - Government Code Section 66001
through 66006 requires that municipalities imposing impact fees provide an
annual accounting of such fees. Councilmember Foster questioned the Open
Space Fund and requested this matter be put on a future agenda for further
information. He then moved to approve the Annual Report of Unexpended
Development Impact Fees for the year ended June 30, 1994, and adopted the
findings contained within this report as submitted by the Finance Director, in
accordance with California Government Code Sections 66001 through 66006.
Motion seconded by Councilmember Larson and carried unanimously.
Contract - Chambers Group - Following brief discussion, on motion of
Councilmember Cunningham, seconded by Councilmember Larson, Council
approved hiring Chambers Group, Inc. for review and verification of an
Environmental Impact Report for the Concept Plan for Citrus Plaza Project for
the sum of$15,583.00 subject to approval of the contract by the City Attorney,
with Councilmember Foster voting NO. The Citrus Plaza Project encompasses
124 acres of primarily undeveloped land that is bounded by Route 30 to the east,
Lugonia Avenue to the south, Alabama Street to the west, and San Bernardino
Avenue to the north. The project site is currently in an unincorporated section
of San Bernardino County, but the project is proposed for annexation to the City
of Redlands. The applicant will pay the cost to review this document plus
$3,117 which is the City's administrative fee.
Resolution No. 5113 - Cypress Avenue Speed Limit - A traffic engineering
investigation has been conducted and Resolution No. 5113, establishing a 40
miles per hour speed limit on Cypress Avenue between Terracina Boulevard and
Citrus Avenue, was presented for City Council consideration. Councilmember
Cunningham expressed his displeasure with the erosion of speed limits on our
streets and moved to maintain the current speed limits on Cypress Avenue (40
miles per hour from Terracina Boulevard to Cajon Street, and 35 miles per hour
from Cajon Street to Citrus Avenue). Motion seconded by Councilmember
Gilbreath and carried unanimously.
September 20, 1994
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Resolution No. 5114 - Palm Avenue Speed Limits - A traffic engineering
investigation has been conducted and Resolution No. 5114, establishing a 30
miles per hour speed limit on Palm Avenue between Serpentine Drive and San
Mateo Street and 35 miles per hour speed limit on Palm Avenue between San
Mateo Street and Ford Street, was presented for City Council consideration.
Councilmember Cunningham expressed his displeasure with the erosion of
speed limits on our streets and moved to maintain the current speed limits on
Palm Avenue (25 miles per hour between Serpentine Drive and San Mateo
Street, 30 miles per hour between San Mateo Street and Grove Street, and 25
miles per our between Grove Street and Ford Street). Motion seconded by
Councilmember Gilbreath and carried unanimously.
Resolution No. 5115 - Fifth Avenue Speed Limits - A traffic engineering
investigation has been conducted and Resolution No. 5115, establishing a 35
miles per hour speed limit on Fifth Avenue between Ford Street and Dearborn
Street and 45 miles per hour on Fifth Avenue between Dearborn Street and
Wabash Avenue, was presented for City Council consideration.
Councilmember Cunningham expressed his displeasure with the erosion of
speed limits on our streets and moved to maintain the current speed limits on
Fifth Avenue (25 miles per hour between Ford Street and Dearborn Street, and
40 miles per hour between Dearborn Street and Wabash Avenue). Motion
seconded by Councilmember Gilbreath and carried unanimously.
Senior Nutrition and Multipurpose Center Plaque - On motion of
Councilmember Gilbreath, seconded by Councilmember Foster, Council
unanimously approved the copy as recommended by staff for the plaque being
prepared for the Senior Nutrition and Multipurpose Center.
Funds - Centennial Gift Catalogue Receipts - On motion of Councilmember
Gilbreath, seconded by Councilmember Foster, Council unanimously approved
additional appropriations as follows to cover unexpended Centennial Gift
Catalogue receipts as of August 31, 1994:
Cemetery $ 100.00-Other Betterments/Improvements (62-7010-4150)
Parks 1,495.00-Agricultural&Horticultural(01-6510-3310)
Recreation 5,558.00-Other Betterments/Improvements (01-6710-4150)
Community Center 1,478.00-Special Departmental Supplies (10-7720-3590)
Funds - Optimist Club Donation - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, Council unanimously approved the
appropriation of $500.00 to the Parks Maintenance budget for the donation
received from the Redlands Noon Optimist Club at the last City Council
meeting. This donation was presented to offset the cost for repairs to damaged
parks facilities due to their antique car show held the weekend of July 16, 1994.
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Redlands Morning Kiwanis - Annual Haunted House - On motion of
Councilmember Gilbreath, seconded by Councilmember Foster, Council
unanimously approved the request by the Redlands Morning Kiwanis Club to
utilize the City-owned house at 180 South Eureka Street for their 1994 haunted
house fund raising event. The event will begin on October 26, 1994, and
conclude on Halloween night, October 31, 1994, and will be open from 6:00
P.M. until 9:30 P.M. each evening.
Median - Redlands Boulevard - Assistant Public Works Director Peter A.
Laaninen explained that in April of 1991, the management and tenants of
Nevada Properties on the southwest corner of Redlands Boulevard and Nevada
Street petitioned for the partial removal of the median island on Redlands
Boulevard in order to allow for left turns into their complex. The Traffic
Commission considered the matter and voted to recommend to the City Council
the installation of a left turn-in only access through the median on Redlands
Boulevard. The City Council denied the request at their September 17, 1991,
meeting, following the report from staff that the request was contrary to the East
Valley Corridor Specific Plan requirements for Redlands Boulevard, and that it
would have a negative impact on traffic on Redlands Boulevard. On October 1,
1991, the City Council reconsidered the matter and heard testimony from
numerous tenants at the complex. The Council approved the installation of the
left turn access provided the property owner/developer would enter into an
agreement with the City prior to construction that if the traffic control land turns
out to be unsafe, the City would require the property owner/developer to restore
the median at his cost. The property owner was to submit an engineering plan
for the median opening and submit the same to the City. Subsequent to this
action, no activity took place on the part of the applicant to pursue the actual
installation of the left turn opening until recently when Michael Atencio,
representing Nevada Properties, requested verbally that steps be taken to
implement the request. In the intervening time, construction of the traffic
signals at Redlands Boulevard and Nevada Street has commenced, with
completion scheduled within a month. Traffic continues to increase on
Redlands Boulevard with over 2,000 average daily traffic at New Jersey Street.
The East Valley Corridor Specific Plan calls for a median island to remain on
Redlands Boulevard with driveways where existing median breaks occur. The
new traffic signal will provide a left turn phase from Redlands Boulevard to
Nevada Street and will facilitate a safe,protected left turn for traffic traveling to
the complex. It is staffs recommendation to deny any median opening at this
time in order to allow time to evaluate the traffic flow after the traffic signals at
Nevada Street and New Jersey Street are placed into operation. Mr. Atencio
was present at this meeting and urged the City Council to allow the installation
of the left turn in-only access. Councilmember Foster moved to reiterate the
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City Council approval granted on October 1, 1991, approving the left turn
pocket from west bound Redlands Boulevard to Nevada Properties. Motion
seconded by Councilmember Gil and carried unanimously with Councilmember
Cunningham conditioning his vote with the understanding that this matter will
be revisited if problems occur.
California Work Study Program - Following an explanation from Police Chief
Lewis W. Nelson, Council unanimously authorized the Police Department to
participate in the California Work Study Program with the University of
Redlands, on motion of Councilmember Cunningham, seconded by
Councilmember Foster. Under this program, the Police Department will utilize
University of Redlands work study students to answer the non-emergency
telephone lines and assist at the front counter and thereby alleviate some of the
non-emergency work currently being completed by the Public Safety
Dispatchers and Records personnel.
Property Hazard Abatement Fund- Following an explanation from Fire Division
Chief John Habant and Police Chief Lewis W. Nelson, Council unanimously
approved the establishment of a Property Hazard Abatement Fund and an
additional appropriation in the amount of$6,000.00 for the boarding, cleaning
and otherwise securing of property deemed unsafe due to fire or health hazards.
PLANNING AND COMMUNITY DEVELOPMENT
Planning Commission Actions - On motion of Councilmember Gilbreath,
seconded by Councilmember Foster, the report of the Planning Commission
meeting held on September 13, 1994, was unanimously acknowledged as
received.
Residential Uses in Commercial Zone - Community Development Director
Jeffrey L. Shaw reported on August 2, 1994, Councilmember Foster expressed
concern about the lack of a zoning classification that provides for a mix of
residential units in existing commercial buildings in the downtown and recently
annexed areas. Staff indicated the Code does have provisions for residential
uses in commercial zones; however, the provisions could be expanded. Mr.
Shaw summarized the A-P (Administrative and Professional Office) District,
APC (Administrative-Professional-Commercial) District, MF (Medical Facility)
District, C-3 (General Commercial) District, C-4 (Highway Commercial)
District, Downtown Redlands Specific Plan No. 45, and the East Valley
Corridor Specific Plan, and their current provisions for residential uses noting
there appears to be considerable flexibility in our zoning code allowing for
residential uses in the commercially zoned areas. There is a need to clarify a
conflict of provisions in the C-4 zone, and the City Council may wish to
September 20, 1994
Page 5
consider evaluating the commercial designations in the East Valley Corridor
which currently prohibit residential uses. Councilmember Foster moved to
continue this matter to October 18, 1994, for further study. Motion seconded by
Councilmember Gil and carried unanimously.
Sphere of Influence - Greenspot and Sunrise Ranch Areas - Community
Development Director Jeffrey L. Shaw reported that in 1989, the City identified
the Greenspot and Sunrise Ranch areas as reasonable and logical for inclusion
into the City of Redlands General Plan Planning Area. An application for a
Sphere of Influence change was submitted for LAFCO consideration. However,
due to a lack of interest on the part of the property owner at that time, the
request was never acted upon. The City has received an indication of new
interest by property owners in these areas for being included in the Redlands
Sphere of Influence area. The City currently provides limited utility service to
the area (water) and is probably best situated to serve the area with all basic
municipal services in the future. A service plan is currently being prepared by
staff to be submitted with the LAFCO application. Councilmember
Cunningham moved to direct staff to prepare and submit the necessary
application and fees to LAFCO for amending the City of Redlands Sphere of
Influence to include the Greenspot and Sunrise Ranch areas. Motion seconded
by Councilmember Gilbreath and carried unanimously.
Robertson Ready Mix Project - Community Development Director Jeffrey L.
Shaw presented a Memorandum of Understanding between Highland and
Redlands on the preparation of an Environmental Impact Report for Robertson
Ready Mix for a development agreement pertaining to mining activities in the
Santa Ana Wash. The agreement provides that Highland will serve as the
CEQA Lead Agency, that an independent consultant reviewing the EIR shall be
selected jointly by Highland and Redlands, and that Redlands will be involved
in the review and comment of preliminary screenchecks of the document. Staff
has requested information on the scope of the project to include anticipated
mining activity proposed by the development agreement that would occur in the
respective jurisdictions. Currently much of the area identified as being in
Highland in the development agreement application is presently in the County of
San Bernardino. While staff understands the applicant proposes to annex the
area into Highland, it is an area currently not in their jurisdiction. It would
appear that many of the potential impacts may have a more direct impact on
Redlands rather than Highland. Until additional mining activity information is
provided, staff is unable to make a recommendation relative to the CEQA Lead
Agency MOU. Councilmember Foster moved to continue this matter to a
workshop study session on October 18, 1994, at 9:00 A.M. Motion seconded
by Councilmember Cunningham and carried unanimously.
September 20, 1994
Page 6
General Plan Amendment and Zone Change Request - Dehdashti - Community
Development Director Jeffrey L. Shaw reviewed the background on the request
submitted by Michael Atencio on behalf of the property owner Moshen
Dehdashti for property located west of Orange Street and approximately 1,500
feet north of Pioneer Avenue (Assessor's Parcel Nos. 291-171-7 and 12). Given
the limited staff available and the number of projects currently being processed
through the Planning Department at this time, staff recommended that the
request for a General Plan amendment for the Dehdashti property be done with
the General Plan Update currently in process and that this property be one of the
first to be rezoned after adoption of the General Plan. On behalf of the
applicant, Michael Atencio urged the City Council to honor their promise to
initiate a General Plan amendment and zone change as the applicant wants to
divorce himself from the General Plan Update. Following discussion,
Councilmember Gilbreath moved to direct staff to initiate the environmental
impact assessment, General Plan amendment, and zone change as soon as
possible. Motion seconded by Councilmember Gil and carried unanimously.
Resolution No. 5116 - East Valley Corridor Specific Plan - Community
Development Director Jeffrey L. Shaw reported the City Attorney has raised
issued in a memorandum dated August 25, 1994, relative to development
procedures for the East Valley Corridor Specific Plan. The memorandum points
out that it is not clear in the EVCSP whether a concept plan is a legislative act
requiring City Council approval or a quasi-judicial act requiring only Planning
Commission final approval. It is recommended the City Council determine that
a Concept Plan is a legislative act, similar to a zone change, and be subject to
the review and approval of the City Council. Councilmember Cunningham
moved to adopt Resolution No. 5116, a resolution of the City Council of the
City of Redlands establishing regulations for the processing of planned
development applications pursuant to the City's East Valley Corridor Specific
Plan. Motion seconded by Councilmember Foster and carried unanimously.
Councilmember Foster moved to direct staff to prepare the necessary ordinance
amendments to allow concurrent processing for all projects within the City.
Motion seconded by Councilmember Larson and carried unanimously.
Santa Ana Wash Surface Mining_Operations - Community Development
Director Jeffrey L. Shaw submitted a report to inform the City Council of the
status of proposed development agreements applied for by surface mining
operators in the Santa Ana Wash. Councilmember Foster moved to continue
this matter to a workshop study session on October 18, 1994, at 9:00 A.M.
Motion seconded by Councilmember Cunningham and carried unanimously.
COMMUNICATIONS
September 20, 1994
Page 7
Workers' Compensation - Personnel Analyst Karen Blakely presented Workers'
Compensation Analysis for calendar years 1991, 1992, and 1993. Safety
Manager Olga Diamond explained about safety programs instituted, especially
the requirement of the use of a back belt. These programs are proving
worthwhile and resulting in less Workers' Compensation claims. Ellyn Brisbois,
Crawford and Company, was present to answer questions about Worker's
Compensation.
PUBLIC COMMENTS
Speed Laws - A resident from Fifth Avenue asked the City Council for
assistance in enforcement of the speed laws on Fifth Avenue. He was referred
to the Traffic Commission.
CLOSED SESSION
The City Council meeting recessed at 4:21 P.M. to a Redevelopment Agency
meeting and reconvened at 4:22 P.M. to a closed session to discuss the
following matters:
(a) Conference with legal counsel: Existing litigation - Government Code
Section 54956.9
- Stokes v. City of Redlands
- McGee v. City of Redlands
- Holden v. City of Redlands
- Garrett v. City of Redlands
- Gonzales v. City of Redlands
(b) Conference with legal counsel: Anticipated litigation
- Initiation of litigation pursuant to Subdivision (C) of § 54956.9 of
the Government Code: Longs Drug Store and All Claims
Construction
The City Council meeting reconvened at 7:00 P.M.
PRESENTATIONS
Proclamation - Mayor Larson presented a proclamation to Linda Rotondo, Tri-
County Dental Hygienists, declaring the month of October, 1994, as National
Dental Hygiene Month in Redlands and urged all citizens to recognize dental
hygienists for the many valued services they provide.
PUBLIC HEARING
September 20, 1994
Page 8
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. Community Development Director Jeffrey L. Shaw said the
City Council has held three public hearings on the General Plan. Staff has
provided the City Council with an overview of the General Plan describing the
development of the Plan and public input, purpose of the Plan, an overview of
themes, the Housing Element, environmental impact report and master
environmental assessment, and the Planning Commission recommendation.
The City Council has given specific direction on several issues and if that
direction changed the policy or land use recommendation from the basis
document, it has been reflected in Exhibit "A" of proposed Ordinance No. 2256.
There were no specific issues to be brought back by staff at this meeting as the
City Council had indicated they would like to review the document chapter by
chapter. Mayor Larson declared the meeting open as a public hearing.
Speaking from the audience on various issues were: R. A. (Tex) Moore, Louis
Fletcher, and Bob Roberts. The following changes were made:
Organization, Page 1 - On motion of Councilmember Foster, seconded by
Councilmember Gilbreath, the following sentence was unanimously deleted
from Section 1.20: "The Ulo„ ._»s off-ectiyely amended by I\/IPOOIIYP lir (11 987)
.z,-hic-h Fe'du ed _fof FeUsi entia expans ." Pie 3 - The fifth paragraph
was changed to read: "The General Plan is implemented by the billy
decisions of the Planning Commission and City Council and by the zoning and
subdivision ordinances, specific plans, redevelopment plans and the City's
capital-improvement program." The sixth paragraph was changed to read: "The
zoning ordinance includes detailed use classifications and standards. The
zoning map must be consistent with the General Plan map, but it will not be
identical to it, particularly ; v,he-re changes ; use, n-tic pate during
the 20 year time ried- of ner . Specific Plans also must be
consistent with the General Plan." The last sentence of the seventh paragraph
was changed to read: "Adopted policy statements are printed in roman type;
explanatory material appears in italics And- is not -ad-opted. Page 4 - The fourth
paragraph, reading: "Amendments to Specific Plans will be required where
necessary to bring them into conformity with the General Plan," was deleted.
Pie 9 - The second paragraph, reading "The entire Plan should be reviewed
and updated at least every five years. State law requires the Housing Element to
be updated on a five-year schedule, and specifies 1990 and 1995 as revision
years," was deleted. Page 10 - The paragraphs headed "Norton Air Force Base"
and "City of Yucaipa" were ordered updated. Page 11-12 - The reference to
"...a downtown scaled to three stories maximum ..." will be verified. Pie 12 -
The second sentence under "Quality in North and South." was changed to read:
September 20, 1994
Page 9
"The General Plan'sinsures og_al is to evenly distribute amenities are properly
distributed evenly throughout the City."
Growth Management Element, Page I - On motion of Councilmember
Cunningham, seconded by Councilmember Gilbreath, with Councilmember
Foster voting NO, the last sentence under "Density Limitation," reading:
"Density may be transferred within a site or from an adjacent site, provided that
overall density is not increased," was deleted. Page 2 - Paragraph 2d was
changed to read: "Establis Encourage programs that will enable concurrent
provision of necessary urban services prior to approval of development projects
requiring services." The italics in Paragraph 2e were corrected as follows: "This
incorporates Section 13.d. of Measure N." It was directed that Paragraph 2g be
rewritten to spell out the County policies rather than reference their identifying
numbers.
The public hearing was continued to October 4, 1994.
UNFINISHED BUSINESS
Ordinance No. 2257 - Tobacco 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 given its second
reading of the title by City Clerk Poyzer, and on motion of Councilmember
Gilbreath, seconded by Councilmember Cunningham, further reading of the
ordinance text was unanimously waived. Ordinance No. 2257 was adopted on
motion of Councilmember Gilbreath, seconded by Councilmember
Cunningham,by the following vote:
AYES: Councilmembers Foster, Gil, Cunningham, Gilbreath;
Mayor Larson
NOES: None
ABSENT: None
NEW BUSINESS
Ordinance No. 2263 - Measure O Expenditure Limitations - As part of the City
Council's recent action to purchase certain property with the proceeds of
Measure O funds, the City Council requested that Ordinance No. 2010 be
revised to adjust the amount of Measure O monies allocated between various
categories of land acquisition. Public Works Director Ronald C. Mutter has
reviewed the present funding limitations and recommended an adjustment to the
percentage of funds as follows: Citrus Preservation should be reduced from 25
percent to 22.5 percent; Expanded Park Recreation should be increased from 23
percent to 27.3 percent; and Natural Areas Preservation should be decreased
September 20, 1994
Page 10
from 17 percent to 15.2 percent. Ordinance No. 2263, an ordinance of the City
of Redlands establishing the recommended expenditure limitations for Measure
O - Open Space and Park Land Acquisition Fund - and repealing Ordinance No.
2010, was read by title only by City Clerk Poyzer, and on motion of
Councilmember Foster, seconded by Councilmember Gil, further reading of the
ordinance text was unanimously waived. Ordinance No. 2263 was introduced
and laid over under the rules with second reading scheduled for October 4,
1994, on motion of Councilmember Foster, seconded by Councilmember Gil,
with Councilmember Cunningham voting NO as he felt this change in the
formula was a breach of faith.
PUBLIC COMMENTS
Redlands Baseball for Youth - Steve Chapman informed Councilmembers that
Redlands Baseball for Youth is conducting fund raisers for $70,000 for the Will
Costello Field (located in Community Field on Church Street and Lugonia
Avenue) Lighting Project, and any assistance from the City would be
appreciated.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:13 P.M. The next regular meeting will be held on October 4, 1994, in the
new City Council Chambers located in the Civic Center, 35 Cajon Street, Suite
2, Redlands, California.
City Clerk
September 20, 1994
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