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HomeMy WebLinkAbout121697-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, at 3:00 P.M. on December 16, 1997. PRESENT William E. Cunningham, Mayor Geni A. S. Banda, Mayor Pro Tem Pat Gilbreath, Councilmember John L. Freedman, Councilmember Gary George, Councilmember Gary M. Luebbers, City Manager Daniel J. McHugh, City Attorney Lorrie Poyzer, City Clerk Beatrice Sanchez, Deputy City Clerk (evening session) Michael Reynolds, City Treasurer Jeffrey L. Shaw, Community Development Director Bonnie Johnson, Finance Director Mel Enslow, Fire Chief Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter, Public Works Director Joshua Lowe, Redlands Daily Facts Courtney Challos,Press Enterprise Monica Whitaker, The Sun (afternoon session) Renee Hernandez, The Sun(evening session) ABSENT None The meeting was opened with an invocation by Councilmember Gilbreath followed by the pledge of allegiance. PRESENTATION Retirement Recognition - Mayor Cunningham presented a plaque with the City Seal to Pete Velasquez in recognition of his 34 years of service to the City of Redlands. Mr. Valasquez retired as a Senior Equipment Operator with the Public Works Department. While employed with the City, he operated every piece of heavy equipment in the Division, including the crane, low-boy, dozer and grade-all. He has recently been a part of the heavy crew and has performed all aspects of street maintenance. December 16, 1997 Page 1 CONSENT CALENDAR Minutes - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the minutes of the regular meeting of December 2, 1997, were unanimously approved as submitted. Bills and Salaries - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman,bills and salaries were unanimously ordered paid. Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the report of the Planning Commission meeting held on December 9, 1997, was unanimously acknowledged as received. Ordinance No. 2367 - Juvenile Curfew - Ordinance No. 2367, an ordinance of the City of Redlands amending Chapter 9.24 of the Redlands Municipal Code relating to juvenile curfew, was adopted on motion of Councilmember Gilbreath, seconded by Councilmember Freedman, by the following vote: AYES: Councilmembers Banda, Gilbreath, Freedman, George; Mayor Cunningham NOES: None ABSENT: None Outside City Utility Connection - Municipal Utilities Director Phelps and Community Development Director Shaw explained the process for an Outside City Utility Connection application for Councilmember Freedman. On motion of Councilmember Freedman, seconded by Councilmember George, the City Council unanimously determined that Outside City Case (OSC) 98-26 for Tentative Tract No. 15410, located east of Crafton Avenue on the north side of Nice Avenue and on the east side of Ansley Lane in Mentone, is consistent wit the City of Redlands' General Plan and that the public health, safety, and welfare and the best interests of the citizens of Redlands are served by the City's continued processing of the application with the stipulation that the City's development standards and compliance with the City's General Plan and Measure U requirements be included in the pre-annexation agreement. Funds - Career Criminal Apprehension Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved an additional appropriation in the amount of$31,393.00 for the Police Department's Analysis Program (line item 01-2071-4080) to complete the City's Career Criminal Apprehension Grant received from the State. December 16, 1997 Page 2 Resolution Nos. 5437-5438 - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5437, a resolution of the City Council of the City of Redlands approving the application for grant funds under the Hazard Mitigation Grant Program related to all open California Federal disasters for the acquisition of land, design and construction of the Crafton Detention Basin. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5438, a resolution of the City Council of the City of Redlands designating authorized agents to obtain Federal financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, as relates to the acquisition of land, design and construction of the Crafton Detention Basin. Bid Rejection - Community Center Renovation Protect - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously rescinded the contract award to N.B.I. General Contractors for the City's Community Center Renovation Phase II Project (see City Council minutes dated December 2, 1997); rejected all bids received for the project; and directed staff to reevaluate the scope of the project and re-notice the project for public bids. Fee Waiver - Optimist Club of Redlands - On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously approved a waiver of the $240.00 fee for the use and reservation of Sylvan Park by the Optimist Club of Redlands for their Seventh Annual Car Show on July 18, 1998. PUBLIC HEARINGS Appeal - California Street Landfill Expansion - Public hearing was advertised for this time and place to consider an appeal filed by the County of San Bernardino of the Planning Commission's action approving Conditional Use Permit No. 599 (.Revision No. 3) for the vertical expansion of the California Street West Side Landfill from a maximum elevation of 1,218 feet above mean sea level to 1,238 feet. Community Development Director Shaw reviewed the background and Planning Commission's review and action on this application noting the County should have addressed their environmental concerns during the environmental review process. Consultant Tom Dodson was available for questions. Municipal Utilities Director Phelps and Solid Waste Manager Shatynski presented visual views showing before and after of the landfill from four different perspectives. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Deputy County Counsel Paul Mordy expressed concerns about not receiving notice early in the process of the Initial Study and reviewed concerns described in detail in the appeal December 16, 1997 Page 3 application. San Bernardino County Planner John P. McGuckian expressed concerns about transportation and circulation; questioned the height increase, the aesthetics impact, and stated the project does not meet the goals of the East Valley Corridor Specific Plan. San Bernardino County Flood Control Director Ken A. Miller reviewed his concerns as contained in the appeal and his letter dated October 14, 1997, relating to impacts on the roads in the area. There being no further comments, the public hearing was declared closed. Councilmember Banda moved to approve Conditional Use Permit No. 599 (Revision No. 3)based on the following findings: 1. On October 14, 1997, the City of Redlands Planning Commission approved a conditional use permit for a vertical lift of twenty feet (20') for the California Street Landfill in accordance with requirements of Section 18.124 (Open Land District) of the Redlands Municipal Code. 2. The City of Redlands is a full service City; the provision of solid waste services is a necessary and essential service that the City provides to residents and businesses at a cost which is reasonable as compared to private services. 3. The Mitigated Negative Declaration adopted by the City Council on September 16, 1997, determined that the California Street Landfill will not have a significant impact on the environment and will not be detrimental to existing or permitted uses in the O (Open Space) District of the Redlands Municipal Code. Impacts pertaining to traffic, drainage, and aesthetics were evaluated and mitigated to a level of less than significant. 4. The City of Redlands, the California Integrated Waste Management Board and the Local Enforcement Agency have determined that the size and shape are proper for the operation of a landfill and that the California Street Landfill meets the standards for the State of California. 5. The California Street Landfill is consistent with the Public Institutional District of the City of Redlands' General Plan and those policies relating to Waste Management and Recycling. 6. This approval involves conditions of approval set forth in the permit and shown on the site plan that are necessary to protect public health, safety, or general welfare. These conditions include requirements for an erosion. control plan, reclamation plan, dust reduction measures and maintenance of landscape buffers. 7. This approval supersedes and replaces past approvals and conditions of approval. Motion seconded by Councilmember George and carried unanimously. Prior to the vote, Councilmembers responded to comments made by the County personnel referring to the impacts the County landfill in San Timoteo Canyon. has on Redlands. City Attorney McHugh assured County personnel it was the City's intent to continue to be a good neighbor and to provide courtesy notices and all notices required by law that they are entitled to receive. He reiterated December 16, 1997 Page 4 that the project is not within the East Valley Corridor Specific Plan but noted the City would give all due consideration to the Plan to the extent it might be impacted by future activities of the California Street Landfill. City Attorney McHugh concluded that it was evident by this public hearing that, in accordance with CEQA guidelines, there has been no change in the project or circumstances under which the project is being taken and that no new information was presented at this public hearing that is not already known or could not have been known then with due diligence that would have affected the Negative Declaration that the City Council adopted. The motion then carried unanimously. Resolution No. 5440 - Urban Water Plan - Public hearing was advertised for this time and place to consider approval of the Urban Water Management Plan for the City of Redlands. Municipal Utilities Director Phelps explained the Urban Management Plan has been prepared in compliance with Division 6 of the California Water Code. Since the original bill was enacted in 1983, increased emphasis has been placed on drought contingency planning, conservation, and reclamation. A noticed public hearing is required for public review. The notice was published December 1 and 8, 1997, in the Redlands Daily Facts and the Plan has been available for review at the Municipal Utilities Department. Mike Savage, CH2M Hill, reviewed the proposed Urban Water Management Plan at length. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to adopt Resolution No. 5440, a resolution of the City Council of the City of Redlands adopting the Urban Water Management Plan. Motion seconded by Councilmember Freedman and carried unanimously. COMMUNICATIONS Appointments - Traffic and Parking Commission - Mayor Cunningham nominated E. Joseph Shaw and Clarence Peterson to serve another four-year term on the Traffic and Parking Commission. Motion seconded by Councilmember Banda and carried unanimously. Appointments - Cemetery Endowment Task Force - Mayor Cunningham moved to nominate Caroline B. Kurhajec and Kerry Kenison to serve on the Cemetery Endowment Task Force. Motion seconded by Councilmember Banda and carried unanimously. Automatic Fire Sprinkler System - The request from Rob Walker to discuss the installation of a automatic fire sprinkler system requirement placed on the historic structure which has been moved to 171 Bellevue was continued to January 20, 1998, at the request of the applicant. December 16, 1997 Page 5 Vending Machines in Public Parks - Public Works Director Mutter explained the Parks Commission has been considering the placement of vending machines in City parks for the past three months. Two distributors have made proposals to the Commission regarding soda and food dispensing. Each proposal contained offers of revenue to the City that could be used to enhance park maintenance and operations. The Parks Commission considered each proposal but was unable to make a recommendation as to the better of the two and felt it would be best for the City to make a formal Request for Proposal and offer it to the two distributors. Public Works Director Mutter pointed out the possibility the vending machines may detract from the aesthetic appearance of the City's parks. Police Chief Nelson said that vending machines, even when encased in heavy steel grillwork and in moderate traffic areas, are an inviting target for crime. These machines will be a tempting target during those hours of darkness when the parks are closed and foot traffic is minimal or nonexistent. The Redlands Police Department does not have the ability to actively patrol these vending sites. Staff recommended that if the placement of vending machines in the City parks is approved, a formal, detailed contract be prepared between the City of Redlands and the selected distributor stating all the various conditions relative to vending machine placement, operation, maintenance and revenue to the City. Dave Eason, Redlands Baseball for Youth, informed Council their organization has major concerns that vending machines would impact their snack bar revenues. Concurring with Police Chief Nelson's concerns, Councilmember Freedman moved to deny the recommendation for placement of vending machines in City Parks. Motion seconded by Councilmember Gilbreath and carried unanimously. Redlands Crime Stoppers - Approval of the establishment of the Redlands Crime Stoppers program was withdrawn from this agenda and will be rescheduled for a future meeting. Funds - City Hall Online - With the wide-spread use of the home computer, the introduction of the World Wide Web and Internet service providers such as America Online and Prodigy, the City of Redlands has received many inquiries regarding the availability of both informational and interactive online services. Most callers are disappointed that Redlands does not provide some level of this service to its citizens. Discussions with other online provides has revealed the citizens in Redlands are "high use" Internet users with approximately 5,000 users online. Michael D'Amico, Alpha Internet Systems, Inc. made a lengthy presentation showing what could be accomplished. Dave Eason encouraged the City Council to move forward into this area of technology. Councilmember Freedman moved to approve an agreement with Alpha Internet Systems, Inc. to construct and maintain an interactive "City Hall Online" Internet Site for the City of Redlands, authorized the Mayor to sign the agreement on behalf of the December 16, 1997 Page 6 City, and approve an additional appropriation in the amount of$33,000.00 from the Utility Fund to cover the costs of initial construction and the first year of maintenance at $1,500.00 per month. Motion seconded by Councilmember Banda. Councilmember Gilbreath expressed concern about spending $33,000.00 when we cannot afford public restrooms. The motion then carried unanimously. PUBLIC COMMENTS Harmony and Diversity- Arthur Rand informed Councilmembers many citizens are concerned about the perception of dissension within the City Council. He felt harmony and diversity could be a part of this City Council and urged Councilmembers to strive toward this goal. He then wished everyone a happy holiday season. CLOSED SESSION The City Council meeting recessed at 4:55 P.M. to a Redevelopment Agency meeting and reconvened at 4:56 P.M. to a closed session to hold conferences with its legal counsel as follows: 1. Existing litigation - Government Code Section 54956.9(a) - City of Redlands v. County of San Bernardino/Majestic Case Nos. SVC 34737 and SVC 33330 - City of Redlands v. Majestic - Case No. SVC 38504 - Administrative proceedings - FERC/Edison relicensing hearing - City of Redlands v. Knudsen - Case No. SVC 40021 2. Anticipated litigation- Government Code Section 54956.9(c) - One case The meeting reconvened at 7:00 P.M. PUBLIC HEARINGS Public hearing was advertised for this time and place to consider Resolution No. 5441, a resolution of the City Council of the City of Redlands certifying the Final Environmental Impact Report for the Redlands Crossing Commercial Project and adopting a statement of findings and facts and statement of overriding considerations, as required by the California Environmental Quality Act. The proposed Redlands Crossing project is a retail-commercial development consisting of 460,000 square feet of retail uses on 47 acres of land within the City of Redlands. The project site is bounded by Lugonia Avenue to the north, New York Street (existing and proposed) to the east, State Highway 30 and Interstate 10 to the west and south, and Tennessee Street to the northwest. December 16, 1997 Page 7 Community Development Director Shaw reported that on December 4, 1997, the Environmental Review Committee reviewed the Final Environmental Impact Report (FEIR) for Redlands Crossing which consisted of the Draft Environmental Impact Report (Volumes 1, 11, and III), Response to Comments (Volumes I and II), and "corrections and additions" to the Draft Environmental Impact Report (said materials purported to weigh 20 pounds), and determined it to be in compliance with the California Environmental Quality Act. The Planning Commission has also reviewed the comments received by the City in the Draft EIR and the City's responses to those comments. The FEIR (SCH No. 97071035) has been prepared in accordance with CEQA, California Public Resources Code Section 21000 et seq., the State CEQA Guidelines, Title 14, California Administrative Code Section 15000 et seq., and the City of Redlands' CEQA Guidelines. He explained the purpose of the FEIR is to inform the public and to evaluate and make recommendations to the City Council regarding the significant environmental effects of the project. It also provides mitigation to lessen those identified effects. In accordance with CEQA, the document also provides a reasonable range of alternatives to the proposed project. Mr. Shaw explained the contents of the FEIR and the need for the adoption of a Statement of Overriding Considerations if the project is to be approved. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Robert D. Crockett, attorney with Latham & Watkins representing Majestic Realty, reviewed his objections to approval of Conditional Use Permit No. 649, the development agreement, and related approvals including certification of the Environmental Impact Report as contained in his letter dated December 16, 1997. Speaking as a private citizen, Jon Harrison did not believe the Economic Impact Study addressed the loss of sales tax from existing businesses; he also thought the traffic study was confusing and needed clarification. San Bernardino County Planner John P. McGuckian reviewed his concerns contained in a letter dated December 16, 1997. Attorney John Mirau protested the EIR approval and detailed his concerns in a letter dated December 16, 1997, urging the City Council to delay the certification of the EIR until such time as the provisions of Measure U have been complied with and the citizens who voted for Measure U have had an opportunity to be notified of the socio-economic impact study and have an opportunity at a public meeting to comment on its adequacy. There being no further comments, the public hearing was declared closed. Letters were also received from: Joshua C. Gottheim, Brown, Winfield & Canzoneri, on behalf of Majestic Realty Company (alleging the Final EIR for the Redlands Crossing project is a legally inadequate document which must be substantially revised and recirculated before any aspect of the project or any related entitlement may be approved), Bob Roberts (who believed there were significant adverse environmental effects which have not been adequately or appropriately December 16, 1997 Page 8 investigated and mitigated), Peter Lewandowski, Ultrasystems Environmental Incorporated (responding to comments on the DEIR and requesting a detailed response to its written comments and, based on the introduction of significant new information, advising the City of Redlands to again provide notice and to recirculate the DEIR for additional public comments). City Attorney McHugh explained the process and steps to be completed by the City Council before certification of the final EIR or approval of any entitlements associated with the project, and the need for preparation of a Statement of Facts and Findings. Because there are significant impacts not sufficiently mitigated to a level of non-significance, the City Council would need to adopt a Statement of Overriding Considerations. Neither document was available in final form from the City's consultants and staff, and he recommended continuation of this matter to January 6, 1998. City Attorney McHugh also said that the formal public comment period for the Draft Environmental Impact Report has been closed and response to all public comments have been prepared by staff. He also confirmed that it was staffs understanding there is no intent on the City Council's part to extend the public comment process. The City Council will address the socio-economic impacts of the project in accordance with Measure U at a subsequent noticed public hearing. Councilmember Gilbreath moved to direct staff to take the next necessary steps for certification and bring this matter back to the City Council for consideration on January 6, 1998. Motion seconded by Councilmember Freedman and carried unanimously. Recess - The City Council meeting recessed at 7:26 P.M. to allow the Planning Commission of the City of Redlands to hold a public hearing on Conditional Use Permit No. 649 to allow for the development of an 18-screen movie theater complex with seating for 4,150 patrons in approximately 100,000 square feet in conjunction with the development of the proposed Redlands Crossing retail development which consists of approximately 460,000 square feet of building area on approximately 47 acres generally located at the northeast comer of the Interstate 10 and Route 30 Freeways, south of Lugonia Avenue and west of New York Street, and discuss Planning Commission Review and Approval No. 680 - Site and architectural approval for the proposed Redlands Crossing retail development which consists of approximately 475,000 square feet of building area on approximately 47 acres generally located at the northeast comer of the Interstate 10 and Route 30 Freeways, south of Lugonia Avenue and west of New York Street. The City Council meeting reconvened at 9:09 P.M. (Also see Planning Commission Minutes of December 16, 1997.) Ordinance No. 2369 - Redlands Crossing Development Agreement - Public hearing was advertised for this time and place to consider approval of Development Agreement No. 10 for the proposed Redlands Crossing retail December 16, 1997 Page 9 development which consists of approximately 460,000 square feet of building area on approximately 47 acres generally located at the northeast corner of the Interstate 10 and Route 30 Freeways, south of Lugonia Avenue and west of New York Street. City Attorney McHugh explained that the first step in the review process is to certify the Environmental Impact Report and compliance with CEQA guidelines. Earlier this evening the Planning Commission continued its review of Conditional Use Permit No. 649 and Planning Commission Review and Approval No. 680; therefore, staff recommends the City Council take no action on the development agreement at this time. The proposed development agreement has been distributed to the City Council and staff asked Councilmembers for direction. City Attorney McHugh then highlighted some of the provisions as follows: The applicant has proposed to vest certain elements of the rules and regulations that would cover its project, including the General Plan, East Valley Corridor Specific Plan, the Redlands Municipal Code, and Measure U, for ten years. Staff has proposed to lock in Capital Improvement Fees for only three years, not ten as requested by the applicant. The applicant has proposed a contribution of$300,000.00 of which $50,000.00 is to be allocated by the City Council to ballfield lighting at Community Field with the remainder for the General Fund. The applicant has proposed that the City Council consider using its Rule 20A funds to assist in underground utility facilities. There is also a reference to the Conditional Use Permit and Planning Commission Review and Approval which need to be approved by the Planning Commission and could be locked into the agreement. As a side matter, City Attorney McHugh also informed the public that over the weekend, the City Council received a letter from a competing project which referenced the Redlands Crossing project approval process. Staff presumed the letter was sent in the context of settlement negotiations, and the letter makes certain references to the Redlands Crossing project. The letter was considered in closed session this afternoon in connection with pending litigation with that competing project (Majestic Realty Company). The City Council took no action on the letter, and is hearing this public hearing in an unbiased manner without any consideration to that letter and would approach that project on that basis. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Speakers who addressed the City Council during the earlier public hearing for the consideration of the Final Environmental. Impact Report did not have any additional comments to make at this time. Councilmember Freedman asked why the theater component has been delayed. Councilmember Gilbreath said the City must keep a "level playing field" and that Cities Pavillion needs the theater as an anchor since an entertainment center will not work without a theater. Councilmember Cunningham felt the City should delay a second theater for at least two years and asked other developers to also hold off. Councilmember Cunningham said he was satisfied with the December 16, 1997 Page 10 three year term for the vested elements and fees for the development agreement; was willing to assist with the undergrounding if there was no negative effect on our historic neighborhoods; and preferred an eight year "lock-in" rather than ten for the overall agreement. City Attorney McHugh said staff will continue work with the project applicant. On motion of Councilmember Gilbreath, seconded by Councilmember Freedman, the City Council unanimously continued this public hearing to January 6, 1998. UNFINISHED BUSINESS LAFCO 2837 - Majestic Realty Company- City Manager Luebbers presented a letter from the Local Agency Formation Commission requesting the City's official position on the Majestic Realty Company's annexation request and a plan for the provision of services to the annexation area. He then reviewed the status of the application. Councilmember Cunningham said if the developer is enthusiastic about annexing to the City, then we would welcome them, and moved to direct staff to respond to LAFCO as such. Motion seconded by Councilmember Gilbreath and carried unanimously. Community Field Rehabilitation - Public Works Director Mutter reported staff has had several discussion with representatives of Redlands Baseball for Youth regarding the condition of the restroom facilities and field lighting. Redlands Baseball for Youth has offered approximately $25,000.00 in funds for these improvements. However, under Public Works Labor Codes, prevailing wages must be paid if public funds are used to improve these facilities. Redlands Baseball for Youth has suggested they be allowed to improve the restroom facility in a similar manner as the Friends of Prospect Park improved the Carriage House. They would utilize a portion of the $25,000.00 they have available for materials and services as necessary with in-lieu labor being used whenever possible for installation. This approach would avoid prevailing wage laws as no public funds would be used. The restroom facility could be maintained by Redlands Baseball for Youth and Junior All-American Football for their use during baseball and football season. There is no need for the facility for general park use as another restroom exists at the west end of the parking lot for this purpose. An additional appropriation is requested in an amount up to $90,000.00 with $50,000.00 to be in the form of a loan from the General Fund which is to be repaid from proceeds from the Redlands Crossing development agreement now being negotiated, $36,067.00 to be appropriated from the Park Improvement Fund and the remainder from the General Fund. On behalf of Redlands Baseball for Youth, Chuck Millett expressed appreciation to staff and the City Council and urged the City Council to approve this request. Councilmember Freedman moved to approve the rehabilitation of the restroom at Community Field by Redlands Baseball for Youth with the understanding that the Redlands Baseball for Youth would use their funds to December 16, 1997 Page 11 improve said restroom facility and that any remaining balance of the $25,000.00 commitment would be applied toward the lighting project; to approve the solicitation of proposals for field lighting on Field No. 1; and to approve an additional appropriation of $90,000.00 for this purpose. Motion seconded by Councilmember George and carried unanimously. ADJOURNMENT There being no further business, the City Council meeting adjourned at 9:37 P.M. The next regular meeting will be held on January 6, 1998. City Clerk December 16, 1997 Page 12