Loading...
HomeMy WebLinkAbout120595-cc_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on December 5, 1995, at 3 : 00 P.M. PRESENT Swen Larson, Mayor (afternoon session only) Jim Foster, Mayor Pro Tem William E. Cunningham, Councilmember Gilberto Gil, Councilmember Pat Gilbreath, Councilmember Geni A. S . Banda, Councilmember-elect Gary M. Luebbers, City Manager Daniel J. McHugh, City Attorney Lorrie Poyzer, City Clerk Beatrice Sanchez, Deputy City Clerk Michael Reynolds, City Treasurer Marjie Pettus, Administrative Services Director Jeffrey L. Shaw, Community Development Director Steven M. Chapman, Finance Director Mel Enslow, Fire Chief Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter, Public Works Director John Andrews, Redlands Daily Facts Sulipsa Luque, The Sun ABSENT None The meeting was opened with an invocation by Councilmember Gil followed by the pledge of allegiance . Resolution No. 5231 - Election Results - City Clerk Poyzer presented Resolution No. 5231, a resolution of the City Council of the City of Redlands reciting the fact of the general municipal election held on November 7, 1995 , declaring the results and such other matters as provided by law: VOTES CAST CITY CLERK Lorrie Poyzer 8 , 250 Lewis D. Webster 2 , 487 CITY TREASURER Michael Reynolds 9, 206 December 5, 1995 Page 1 MEMBER OF THE CITY COUNCIL William E. Cunningham 6 , 106 Geni A. S . Banda 5, 033 Ray Alexander 4 , 238 Jon Harrison 4 , 020 Kyle W. Larick 2 , 004 Jeff Sabatini 1, 020 Roger Everett Thompson 853 MEASURE H: Shall the initiative ordinance amending the Redlands , General Plan and voter-approved initiative Measure 'IN" relative to growth management entitled "The Redlands Growth Management Act of 199511 be adopted? No 6 , 443 Yes 6 , 218 Number of registered voters 35, 443 Turnout 13 , 062 Turnout percentage 36 . 80 On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously declared and determined that Lorrie Poyzer was elected as the City Clerk for the full term of four years, that Michael Reynolds was elected as the City Treasurer for the full term of four years, that William E. Cunningham and Geni A. S . Banda were elected as Members of the City Council for full terms of four years each, and that a majority of the voters voting on Measure H did not vote in favor of it and therefore the measure was not carried and shall not be deemed adopted and ratified; unanimously adopted Resolution No. 5231; and ordered that the complete text of the resolution be filed in the Office of the City Clerk. Presentation - Mayor Larson presented a plaque with the City seal to Jim Foster recognizing his term as a Councilmember. It was noted Mr. Foster missed only two meetings during his four years , tenure on the City Council . Swearing-in Ceremony - Mayor Larson presented certificates of elections to City Treasurer Michael Reynolds and City Clerk Lorrie Poyzer and administered the oaths of office to the re-elected officials . Certificates of elections were presented by City Clerk Poyzer to Councilmembers-elect William December 5, 1995 Page 2 E . Cunningham and Geni A. S . Banda. City Clerk Poyzer then administered the oaths of office to newly elected Councilmember Banda and re-elected Councilmember Cunningham. Councilmember Banda thanked her husband Jose, who was present along with other members of her family, for his support noting she would not be able to serve without him. Election of Officers - City Clerk Poyzer called for nominations for the office of Mayor for a two-year term. Councilmember Gilbreath nominated Swen Larson for Mayor. There being no further nominations, nominations were closed and Swen Larson was selected as Mayor for a two-year term. Mayor Larson expressed his appreciation for the honor to serve as Mayor for another term and pledged to do his very best in service . City Clerk Poyzer called for nominations for the office of Mayor Pro Tempore for a two-year term. Councilmember Larson nominated Pat Gilbreath for Mayor Pro Tem. There being no further nominations, nominations were closed and Pat Gilbreath was selected as Mayor for a two-year term. Mayor Pro Tem Gilbreath expressed her appreciation for the honor to serve in this capacity. CONSENT CALENDAR Minutes - The minutes of the regular meeting of November 21, 1995, and the special meeting of November 27, 1995, were approved as submitted. Bills and Salaries - Bills and salaries were ordered paid as approved by the Finance Committee . Contract Monitoring Reports - Following brief discussion, on motion of Councilmember Gil, seconded by Councilmember Gilbreath, the monthly contract monitoring reports updated through November 27, 1995, administered by the Public Works Department, were unanimously acknowledged as received. Funds - Eureka Street Improvements - Following brief discussion, on motion of Councilmember Gil, seconded by Councilmember Cunningham, the City Council unanimously approved an appropriation of $42 , 000 . 00 from the Local Transportation Fund to cover the cost of appraisal and engineering services, to be provided by Hicks and Hartwick, for the right-of-way December 5, 1995 Page 3 acquisition and design of improvements to Eureka Street between Redlands Boulevard and Pearl Avenue . Funds - Liberty Pole - On motion of Councilmember Cunningham, seconded by Councilmember Larson, the City Council unanimously approved an appropriation of $20, 086 . 00 from donations received and placed in the General Fund for the installation of the new flagpole, known as the Liberty Pole, at Cajon Street and Vine Street . One donation was received from the Redlands Fourth of July Committee in the amount of $5, 000 . 00 and another was received from Frank and Sidney Moore in the amount of $15, 086 . 00 . The new Liberty Pole was dedicated on Veterans ' Day, November 11, 1995 . Councilmember Cunningham expressed appreciation to Ron Mutter, Director of Public Works, and his staff for their efforts in removing the original Liberty Pole and quickly replacing it along with the landscaping work. He also thanked Mr. and Mrs . Moore and the Redlands Fourth of July Committee for their generous donations without which none of this could have been accomplished. Councilmembers concurred that resolutions of appreciation be prepared for presentation at a future meeting. PLANNING AND COMMUNITY DEVELOPMENT Minor Subdivision No. 203 (Revised) - Time Extension - On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously granted a one-year time extension to February 11, 1997, for Minor Subdivision No. 203 (Revised) , an application for the subdivision of approximately 16 . 34 acres of land into two parcels for property located on the south side of Live Oak Canyon Road, approximately 1 . 2 miles west of the Interstate 10 Freeway, in the A-1 Zone (Clifford Dinning, applicant) . COMMUNICATIONS Appeal - Building Code Requirements - On behalf of the property owner, Dick Burkhart had requested relief from the Uniform Building Code as it pertains to the reconstruction of a residence located at 201 West Fern Avenue which was significantly damaged by fire on September 14 , 1995 . Staff had recommended compliance with the State Historical Building Code, Chapter 8 . 5, Section 8-5050 1, and denial of the request to modify or delete the requirement for an evaluation of structural integrity in relation to the December 5, 1995 Page 4 structure ' s ability to resist the seismic and wind loads prescribed by prevailing Code requirements . A letter dated December 1, 1995, was received from Mr. Burkhart and Paul Amelung, owner of said property, indicating they wished to defer Council consideration of this request at this time . No action was taken on this item at this meeting. Utility Users ' Tax - City Manager Luebbers explained that staff has prepared a revenue and expense summary of all funds from the Utility Users ' Tax that have been accumulated and expended since its inception. City Attorney McHugh reviewed the recent Supreme Court ruling regarding special taxes not approved by two-thirds of the voters . The decision is not final as the appeal period ends on December 27, 1995 . Mr. Luebbers reported he had put a "hold" on pending expenditures since this ruling. Finance Director Chapman then presented a Utility Users ' Tax Revenue and Expense Summary, and four year budget summaries (1995-96 through 1998-99) of the General Fund with and without the Utility Users ' Tax. Mr. Chapman reminded Councilmembers the State has taken annually over $2 million away from Redlands to balance their budget . Councilmember Cunningham felt the City should place the receipts in an escrow account and place the matter on the March, 1996, ballot . Mayor Larson felt there would be additional revenue coming into the General Fund with all of the projects that are currently in the process and that perhaps the tax the City Council could sunset the tax a year earlier than originally planned. Councilmember Banda felt it was wrong to impose the Utility Users ' Tax and that we needed to find other way to fund the budget . Majestic Development - Councilmember Cunningham noted that with the defeat of Measure H, there was no reason the Majestic Development, also known as the Citrus Plaza, should not come into Redlands and be developed under Redlands , standards and not the County' s . He then moved to direct staff to re- examined the requirements for annexation for utility connections . Councilmember Banda seconded the motion. Mayor Larson noted the project will not be accepted if the Redlands , standards are not met and reported the City Council will hold a study session on this subject in mid-January. Councilmember Gilbreath indicated she would like to revisit this matter and clean up the Code . Councilmember Gil indicated he could not support this motion at this time and wished to wait for the presentation next December 5, 1995 Page 5 month before taking any action. The motion failed by the following vote : AYES : Councilmembers Cunningham and Banda NOES : Councilmembers Gilbreath, Gil; Mayor Larson. San Bernardino International Airport - No report . RECESS The City Council meeting recessed at 3 :41 P.M. and reconvened at 7 : 00 P.M. at which time Mayor Larson was not present due to an injury to his shoulder suffered on Thanksgiving Day which resulted in surgery less than a week ago. December 5, 1995 Page 6 PRESENTATIONS Mayor Pro Tem Gilbreath presented a Certificate of Appreciation to Kerri Lehnhof, President of the Redlands High School Buddy Club, in recognition of their contribution to beautify Orangewood Ballfield on October 25, 1995, which was national "Make a Difference Day. " Members of the Buddy Club painted the bleachers and did general cleanup around the ballfield. PUBLIC HEARINGS Resolution No. 5233 - Nuisance Abatement - Wissahickon Inn - Community Development Director Shaw said it was recommended that the City Council take action under the provisions of the Health and Safety Code Section 17980 to safeguard life, limb, health property and public welfare and abate the nuisance of the structurally unsafe, unreinforced three-story vacant apartment building located at 565 Walnut Avenue known as the Wissahickon Inn. In January, 1994 , the Fire Department performed an annual fire inspection. The inspection revealed Building Code and life safety violations . Because of the unsafe conditions, the Fire Department instructed the owner to remove the remaining tenants from the building. Over the past several months, the owner has been sent notices about the unsafe conditions . Because of the condition of the building and grounds, and the complaints from the tenants, a task force was assembled to reinspect the three-story building on March 3 , 1995 . This inspection affirmed the identified violations . Since March 24, 1995, no contact by the owner or progress have been made to correct any of the identified violations . On August 1, 1995 , a letter from the City Attorney to the owner indicating legal proceedings would be commenced if no response or action occurred within ten days from the date of his letter. Again, no response from the property owner in regards to the City Attorney' s letter. On September 15 , 1995, a certified letter from the City Manager informed the property owner that because of his lack of action, a hearing would be held on November 21, 1995 . This hearing was continued to this time and place at the owners , request . Representing the owners, Mr. Charles Wear informed Councilmembers that plans, prepared by Ken King, are ready for submission. He requested the opportunity December 5, 1995 Page 7 to submit the plans and proceed with the repairs and urged the City Council not to declare this structure a public nuisance. Neighbors Mark Belote and Richard Titera urged the City Council to proceed with the nuisance abatement proceedings as they felt the entire complex was in disrepair and was a fire hazard. Councilmember Cunningham moved to declare the three- story apartment structure located at 565 Walnut Avenue a public nuisance and authorized staff, for the public ' s safety, to commence abatement proceedings as prescribed by Health and Safety Code Section 17980 and 17980 . 2 to secure the main building by boarding up the structure located at 565 Walnut Avenue; authorized staff to grant the property owner 60 days (which might be negotiable if good faith movement is shown) to correct the violation and obtain the services of a structural engineer to provide an analysis, blueprints, and building permits for the repair or demolition of the building located at 565 Walnut Avenue; and to adopt Resolution No. 5233 , a resolution of the City Council of the City of Redlands determining the property located at 565 Walnut Avenue, Redlands, California, (Assessor' s Parcel No. 173-213-17) to be a public nuisance and authorizing City staff, for the public ' s safety, to commence abatement proceedings as prescribed by Health and Safety Code Section 17980 and 17980 . 2 to secure the main building by boarding up said structure . Motion seconded by Councilmember Banda and carried by the following vote : AYES : Councilmembers Gilbreath, Cunningham, Banda NOES : Councilmember Gil as he felt we needed to do what we could to assist in the preservation of the Wissahickon Inn ABSENT: Mayor Larson Resolution No. 5222 - Historic Resource - Public hearing was advertised for this time and place to consider the recommendation of the Historic and Scenic Preservation Commission to designate "The Sanford House" which is located at 168 South Eureka Street as Historic Resource No. 94 . Mayor Pro Tem Gilbreath declared the meeting open as a public hearing for any questions or comments concerning this matter. Representing the Redlands Conservancy, Jon Harrison encouraged the City Council to approve this designation. There being no further comments, the public hearing was declared closed. Councilmember Cunningham moved to adopt Resolution No. 5222 , a December 5, 1995 Page 8 resolution of the City Council approving this recommendation. Motion seconded by Councilmember Gilbreath and carried by AYE votes of all present . Ordinance No. 2296 - Zone Change No. 358 - Public hearing was advertised for this time and place to consider Ordinance No. 2296 , an ordinance adopting Zone Change No. 358 , a change of zone from A-1 (Agricultural) District to A-1-20 (Agricultural) District for 20 acres of land located on the east side of Palomares Road, south of San Timoteo Canyon Road, as recommended by the Redlands Planning Commission. On behalf of his client, Mr. Larry Curti, Michael J. Atencio requested this item be withdrawn from the agenda at this time and rescheduled for hearing in the near future . Ordinance No. 2294 - Parking Standards - Public hearing was advertised for this time and place to consider Ordinance No. 2294 , an ordinance of the City of Redlands amending Chapter 18 . 164 of the Redlands Municipal Code relating to parking requirements for theaters, auditoriums, stadiums, sports arenas, gymnasiums, and other places of public assembly. Community Development Director Shaw informed Councilmembers the proposed change to the City' s parking requirements for large movie theater complexes is intended to bring the existing requirement (adopted in 1955) into conformance with modern theater operations . He noted this proposed amendment would not affect theater complexes of six or fewer screens or any other similar uses . Mayor Pro Tem Gilbreath declared the meeting open as a public hearing for any questions or comments . No comments were forthcoming and the public hearing was closed. Councilmember Gil moved to approve the Environmental Review Committee ' s Negative Declaration for Ordinance No. 2294 (Zoning Ordinance Text Amendment No. 241) based on the finding that the project will not have a significant effect on the environment and directed staff to file and post a Notice of Determination in accordance with the City' s guidelines . Motion seconded by Councilmember Banda and carried by AYE votes of all present . Ordinance No. 2294 was read by title only by City Clerk Poyzer, and on motion of Councilmember Gil, seconded by Councilmember Gilbreath, further reading of the ordinance text was waived, and Ordinance No. 2294 was introduced by AYE votes of all present and laid over under the rules with second reading scheduled for December 19, 1995 . December 5, 1995 Page 9 NEW BUSINESS Fee Waiver Request - Footlighters - Public Works Director Mutter reported the Redlands Footlighters are in the process of constructing a 1, 808 square foot addition to their facility on Barton Road. Through the approval process for this addition, the Public Works Department assessed a storm drain development impact fee in the amount of $271 . 20 pursuant to Chapter 3 . 56 of the Redlands Municipal Code . There are no provisions contained in the Code for waiver of development impact fees . Mr. Mutter reminded Councilmembers that all increases to impervious areas add to the cumulative need for adequate storm drainage facilities . Waiver of development impact fees sets a dangerous precedent . Continued waiver of such fees will seriously impact the City' s ability to construct improvements necessary for the orderly development of the infrastructure system. Councilmember Gil moved to deny the request by the Footlighters to waive the storm drain development fee in connection with the building permit for new additions to their facility. Motion seconded by Councilmember Gilbreath and carried by AYE votes of all present . Cultural Arts Commission Strategic Plan - Administrative Analyst Daniel Rodriguez said the Strategic Plan of the Cultural Arts Commission is the key document utilized in the carrying out of the adopted programs of the Commission. The current Plan was adopted by the City Council in December of 1994 and has proven to be an excellent guide to the Commission. The proposed 1996 Plan identifies the Mission Statement of the Commission as well as the various strategies, with time lines, for the promotion of the "arts" in Redlands . It also contains two new programs proposed by the Cultural Arts Commission: Art in Public Building Program and the awarding of scholarships to college-bound students . Councilmember Cunningham moved to approve the adoption of the Cultural Arts Commission Strategic Plan for 1996 as presented. Motion seconded by Councilmember Banda and carried by AYE votes of all present . Funds - Cultural Arts Commission Scholarships - Based upon the approval of the Cultural Arts Commission Strategic Plan for 1996 (see above) , Councilmember Cunningham moved to authorize the expenditure of up December 5, 1995 Page 10 to $4 , 000 . 00 from the Steele Grant Funds on an annual basis for award of scholarships as described in the Strategic Plan providing the fund balance does not go below $50 , 000 . 00 at which time staff will return to the City Council for further direction; and authorized the Director of Public Works to have the signature authority for the expenditures of the Steele Grant Funds under this scholarship program. Motion seconded by Councilmember Gilbreath and carried by AYE votes of all present . Carriage House - Prospect Park - Public Works Director Mutter explained that when Prospect Park was acquired by the citizens of Redlands in 1968 , the acquisition included the Carriage House located in the center of the park. Built in 1896, the 5, 000 square foot Carriage House has served the City as a storage building for Parks Division equipment . An apartment within the building has served as a residence for a supervising presence in the park. The Friends of Prospect Park have supported many improvements in the park since 1968 . They are now undertaking a proposal to adapt and reconstruct the Carriage House for use by the citizens of Redlands . Friends of Prospect Park board member Dale Dauer explained this work will include the construction of an exhibition area for meetings with seating for up to 85 people on the upper level and a club meeting gallery with museum area on the lower level . Handicapped accessible rest rooms will be constructed on both levels . The upper level will also include a small apartment area in order to maintain the presence of a caretaker in the park. The exterior of the building will remain much the same as currently exists in order to maintain its historic characteristics . The Friends of Prospect Park have, or will, secure the funding necessary to complete the reconstruction of the Carriage House through donations; no public funds will be used. Once completed, the Carriage House will be available for use by any group pursuant to the rental provisions established by resolution for the Joslyn Senior Center and the Community Center. The Public Works Department would administer the rental of the facility as is currently done for the use of various park facilities and the Joslyn Senior Center. The Friends of Prospect Park are asking the City Council for approval to continue with their efforts on the Carriage House. At its meeting on November 8 , 1995, the Redlands Parks Commission unanimously voted to recommend to the City Council that approval be December 5, 1995 Page 11 granted to this proposal . Thanking the Friends of Prospect Park for their efforts, Councilmember Cunningham moved to support the recommendation of the Parks Commission and that approval be granted to the proposal by the Friends of Prospect Park to adapt and reconstruct the Carriage House for use by the citizens of Redlands . Motion seconded by Councilmember Banda and carried by AYE votes of all present . ADJOURNMENT There being no further business, the City Council meeting adjourned at 7 : 55 P.M. The next regular meeting will be held on December 19, 1995 . City Clerk December 5, 1995 Page 12