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HomeMy WebLinkAbout031798cc_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 March 17, 1998. 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 (evening session) Jeffrey L. Shaw, Community Development Director (evening session) John Jaquess, City Planner Bonnie Johnson, Finance Director John Habant, Acting Fire Chief Gary G. Phelps, Municipal Utilities Director Lewis W. Nelson, Police Chief Ronald C. Mutter,Public Works Director ABSENT None The meeting was opened with an invocation by Mayor Cunningham followed by the pledge of allegiance. PRESENTATION Certificates of Reco ng ition - Students from Smiley Elementary School placed first in the Camouflage Creation, Division II, of the Odyssey of the Mind contest recently held in Palm Springs for a balsa wood structure and accompanying dramatic performance. Mayor Cunningham presented certificates of recognition to the following students: Janee Walsh, Johanna Jorgensen, Stephanie France, Danielle Strieby, Kesler Reifel, Zachary Wilson, and Leanna Walthall. Coach Brian Walsh explained the students' project. On behalf of the City Council, Mayor Cunningham wished the students success when they compete at the State level on March 28, 1998. The students presented the Mayor with a miniature bouquet of flowers in appreciation for the recognition. March 17, 1998 Page 1 CONSENT CALENDAR Minutes - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the minutes of the regular meeting of March 3, 1998, were unanimously approved as submitted. Bills and Salaries - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath., bills and salaries were unanimously ordered paid. Planning; Commission Actions - The report of the Planning Commission meeting held on March 10, 1998, was unanimously acknowledged as received on motion of Councilmember Freedman, seconded by Councilmember George, following the action taken on Ordinance No. 2378 under public hearings. Fire Control III Agreements and Releases - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved designating the Mayor as the authorized agent for the City of Redlands to execute Fire Control III Agreements and Releases for the Fire Department. This will enable Fire Department to conduct hands-on training provided through the use of actual live fire burns. Funds - Crossing Guard Contract - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an additional appropriation in the amount of $46,500.00 to meet the 1997-98 contract obligation for school crossing guard services. This additional appro- priation is necessary because the Redlands Unified School District is not willing to share expenses associated with providing crossing guards. Audit Reports - On motion of Councilmember Freedman, seconded by Council- member Gilbreath, the City Council unanimously accepted the Single Audit report and Report on Internal Controls for the year ended June 30, 1997, and the OCJP Grant Audit and Federal Equitable Sharing Program for the same period. Funds - DARE - On motion of Councilmember Freedman, seconded by Councilmember Gilbreath, the City Council unanimously approved an additional appropriation in the amount of $11,900.00 to offset DARE contractual services. COMMUNICATIONS Legislative Bulletin - It was confirmed that letters supporting AB 726 regarding sexually-oriented business had been sent to our legislators. March 17, 1998 Page 2 Freeway - Ms. Tone Hansen, 814 East High Avenue, urged the City Council to assist her and her neighbors with the construction of a sound wall in their neighborhood. Public Works Director Mutter explained that he and former Mayor Swen Larson met with Tony Luca, Caltrans, to discuss preliminary figures and the City would have to fund one-third of the cost. This matter was further discussed in the evening under Public Comments. Solid Waste Hauling - Mayor Cunningham asked staff when the City would be allowed to take over the solid waste services for property within Annexation No. 72. Municipal Utilities Director Phelps responded the City would assume responsibility in May, 2000. Staff was asked to work with the contractors providing the services at this time to see if they would be willing to provide the same level of service the City does at this time. East Valley Fire Protection District - The Cities of Highland, Grand Terrace, and Yucaipa have proposed the formation of the East Valley Fire Protection District. The study undertaken by the three cities assessed the feasibility of a district that would include Highland, Grand Terrace, and Yucaipa and adjacent unincorporated areas of the East Valley. LAFCO will hold a study session on this proposal on Wednesday, March 18, 1998. Mayor Cunningham expressed genuine concerns for our spheres and our ability to proceed with annexations and displace that district. City Manager Luebbers reported that all other cities in the East Valley have the same concerns and that there are a number of unanswered questions which need to be addressed at this workshop. Councilmember George moved to authorized Mayor Cunningham to attend the LAFCO study session and represent the City. Motion seconded by Councilmember Freedman and carried unanimously. Parking Assessment District - Due to a possible conflict of interest, Council- member George left the City Council Chambers during this presentation. Public Works Director Mutter reported that on January 20, 1998, the City Council directed staff to begin the process to evaluate the need for additional parking in the Downtown Specific Plan No. 45 area between Orange Street and Eureka Street, north of Redlands Boulevard. Staff was to approach property owners seeking support for a parking district. A total of 101 questionnaires were sent to both commercial and residential property owners within the boundaries of the proposed district. The following information was received: Commercial properties - 80 questionnaires were sent to property owners representing 124 parcels. 43 questionnaires were returned representing 59 parcels. 53.8 percent of the property owners responded representing 47.6 percent of the commercial parcels within the boundaries of the proposed parking district. 3 questionnaires were returned with the addressee unknown. 82.9 percent of the respondents felt that their business had suffi- March 17, 1998 Page 3 cient parking to meet their needs. 81.8 percent indicated that they would not support the formation of a Parking Assessment District. Residential properties - 21 questionnaires were sent to property owners representing 23 parcels. 4 questionnaires were returned representing 4 parcels. 19.0 percent of the property owners responded representing 17.4 percent of the residential parcels within the boundaries of the proposed parking district. 3 questionnaires were returned with the addressee unknown. 3 of the 4 respondents would not consider converting their residential property to commercial uses and would not support the formation of a Parking Assessment District. Councilmember Gilbreath felt there was going to be a parking issue in the future and wanted the City to keep an eye on this situation; she felt that eventually we would need to build a parking structure. Cities Pavillion. Development Agreement - Following up on the City Council's inquiries during its past meetings, City Attorney McHugh reported staff's position on the Cities Pavillion development agreement: staff remains of the opinion that the execution of the development agreement on January 8, 1998,by the applicant's representatives does not impact the validity of the development agreement. Staff further remains unpersuaded that the development agreement should be deemed effective on January 8, 1998, rather than October 21, 1997, the date the City Council approved the ordinance which approved the develop- ment agreement. The application has not provided staff with sufficient evidence that the applicant possesses the requisite "legal or equitable interest" in all the properties purported to be covered by the development agreement. The applicant's representatives agreed that the development agreement should not cover the "Ramirez"property and staff has not had any communication from the Ramirezes. Earlier this afternoon, Mr. McHugh met with attorneys representing Cities Pavillion and Ms. Porch. Ms. Porch's attorney indicated there is still no written agreement but that Ms. Porch is willing to negotiate with the developer. Finally, the application for the development agreement was made only for the two parcels owned by the Timberlake entity - not the property owned by Mr. Geib, but in the past couple of days, information has been received indicating escrow papers were filed prior to October for the "Gelb" property. Since the last City Council meeting, staff has provided the City Council with copies of all documentation the City has received regarding the questions of the validity of the development agreement and the properties which it purports to cover. If an amendment to the development agreement is needed, City Attorney McHugh recommended it be returned to the Planning Commission. It is unclear at this time, if an amendment would cause the development agreement to come under regulations of Measure U. Sherman L. Stacey, attorney for Cities Pavillion Partners, LLC, asked the City Council to hold off on any action at this March 17, 1998 Page 4 time. He responded to the many rumors being circulated in regards to their interest in the Porch and Geib property and the interest that SoCal Cinemas has expressed to establish a theatre in the Redlands area. Councilmember Banda asked Councilmember Gilbreath for confirmation of a rumor that she was the accountant for the Porches; Councilmember Gilbreath responded she was their accountant but at this time, she did not feel there was any conflict of interest on her part. Mayor Cunningham expressed his embarrassment at what happened at the last City Council meeting; that it was unfortunate the City Council had become a forum for a rumor. Councilmember Freedman wanted to see the Porch situation resolved and urged Timberlake/Cities Pavillion to move forward with their negotiations. No action was taken at this meeting. Status of Local EmergencX - Public Works Director Mutter reported that additional damages have been discovered as a result of the storm which caused the declaration of a local emergency on February 24, 1998, and requested the City Council to continue with the state of emergency. Damage is now estimated at $800,000.00, but these funds will be reimbursed through the disaster application. Slater Construction and Larry Jacinto Construction are working on the projects hoping to complete repairs before the next El Nino storm which may arrive as soon as this coming weekend. Councilmembers expressed their appreciation to staff for their diligence in repairs and applying for Federal Disaster funds as relates to this local emergency as well as the recent earthquake which occurred on March 11, 1998, at 4:18 A.M. (4.5 magnitude centered four miles west-southwest of downtown Redlands). CLOSED SESSION The City Council meeting recessed at 4:08 P.M. to a Redevelopment Agency meeting and reconvened at 4:09 P.M. to a closed session to hold a conference with its legal counsel to discuss the following existing litigation under Government Code Section 54956.9(a): - City of Redlands v. County of San Bernardino and Majestic Realty Company Case Nos. SVC 34737, SVC 33330, and SVC 29880 - Claim: Redlands Crossing, LLC v. City of Redlands The meeting reconvened at 7:00 P.M. PRESENTATION Proclamation - Mayor Cunningham presented a proclamation declaring March, 1998, as Selective Service System Awareness Month to Lt. Col. Jeffrey L. Shaw, U. S. Air Force Reserves. The mission of the Selective Service System is to deliver untrained manpower to the Armed Forces of the United States in March 17, 1998 Page 5 times of national emergency. The mobilization readiness of the Selective Service System is achieved principally through its program of registering all young men between the ages of 18 and 26. The success of peacetime registration is dependent upon a high degree of public awareness of the Selective Service System, registration requirements, and maximum compliance of all eligible registrants. An effective Selective Service System is contingent upon a coordinated and cooperative effort to increase public awareness of the importance of a national mobilization readiness program and the critical need for all eligible young men to fulfill their registration obligations. Lt. Col. Shaw expressed appreciation to the City Council for issuing this proclamation. He noted there are 2,000 Selective Service Board members nationwide; locally Ron Sanchez, Richard Malacoff, and Daniel J. McHugh serve. He called City Attorney McHugh to the podium and presented a five year certificate to him. Police Badges - Mayor Cunningham reported the Redlands Police Department held an Oath and Badge Ceremony on Saturday, March 14, 1998, at the University of Redlands Chapel. The new badges were presented to all officers of the Redlands Police Department and elected officials. Councilmember Freedman was out of state on personal business and unable to attend the ceremony. Police Chief Nelson presented a badge to Councilmember Freedman at this meeting noting how proud they are to wear the new badges. He announced that the officers bought their old badges to fund the purchase of the new badges; no City funds were used. PUBLIC HEARINGS General Plan Amendment No. 66 A-N - On February 24, 1998, the Planning Commission adopted Resolution No. 878, recommending that the City Council approve proposed General Plan Amendment No. 66, parts A through N. This is a multiple component General Plan amendment which consists of 14 separate requests to amend various texts, maps and sections of the City's General Plan. Public hearing was advertised for this time and place to consider this amendment; and the following took place: Resolution No. 5482 - General Plan Amendment No. 66-A - Public hearing was advertised for this time and place to consider Resolution No. 5482, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-A, expanding and modifying policies in Section 7.24 of the Open Space and Conservation Element of the General Plan relative to solid waste. Community Development Director Shaw explained this amendment will insure future solid waste operations are in conformance with policies and goals of the City of Redlands and adequately address environmental impacts upon the City of Redlands. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. James Hammond urged the City Council to March 17, 1998 Page 6 include evaluation of waste-to-energy conversion as an alternative method of eliminating waste such as the facility in Long Beach. Councilmember George expressed an interest and asked staff to pursue this thought. There being no further comments, the public hearing was declared closed. Councilmember George moved to adopt Resolution No. 5482 approving General Plan. Amendment No. 66-A with the understanding that staff will continue to explore alternate technology. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5483 - General Plan Amendment No. 66-B - Public hearing was advertised for this time and place to consider Resolution No. 5483, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-B, revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment will maintain park/golf course land use designation for property owned by the City of Redlands, Hillside Cemetery, and maintain Very Low Density Residential land use designation for the single family residential property owned by the Robertsons as existed after Lot Line Adjustment No. 335 and transfer of land. The property which was acquired by the City will be incorporated into the operations of the Hillside Memorial Park. 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 George moved to adopt Resolution No. 5483 approving General Plan Amendment No. 66-B. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5484 - General Plan Amendment No. 66-C - Public hearing was advertised for this time and place to consider Resolution No. 5483, a resolution of the City Council of the City of Redlands adoption General Plan Amendment No. 66-C, revising Section 5.70 of the Circulation Element and Section 8.80 of the Health and Safety Element of the General Plan to implement recommen- dations of the Redlands Municipal Airport land Use Compatibility Plan. Community Development Director Shaw explained this amendment will provide consistent policies and implement criteria for evaluating airport land use compatibility for the Redlands Municipal Airport. 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 George moved to adopt Resolution No. 5484 approving General Plan Amendment No. 66-C. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5485 - General Plan Amendment No. 66-D - Due to a possible conflict of interest, Councilmember Gilbreath left the City Council chambers during the discussion on this matter. Public hearing was advertised for this time March 17, 1998 Page 7 and place to consider Resolution No. 5485, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-D, revising General Plan figures 4.2 and 4.3 to clarify the boundaries of the Southeast Area Plan, clarify and adjust the location of the Sector Boundaries, delete Sectors 11 and 12, and make minor changes to the text of Section 4.42 of the Land Use Element. Community Development Director Shaw explained this amendment will improve the definition of boundaries in the Southeast Area Plan. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Pat Meyer thanked staff for this proposal. There being no further comments, the public hearing was declared closed. Councilmember George moved to adopt Resolution No. 5485 approving General Plan Amendment No. 66-D. Motion seconded by Councilmember Banda and carried with Councilmember Gilbreath abstaining. Resolution No. 5486 - General Plan Amendment No. 66-E - Public hearing was advertised for this time and place to consider Resolution No. 5486, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-E revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment changes the land use designation from a "circle" (general location) to parcel specific for the Barton House and lands now owned by the City of Redlands located on Nevada Street, north of Barton Road. These properties are proposed to be designated parks/golf course. 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 George moved to adopt Resolution No. 5486 approving General Plan Amendment No. 66-E. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5487 - General Plan Amendment No. 66-F - Public hearing was advertised for this time and place to consider Resolution No. 5487, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-F revising Section 510 of the Circulation Element of the General Plan to add language that recognizes the roadway widths of the East Valley Corridor Specific Plan and the Downtown Redlands Specific Plan as varying from those specified in General Plan Figure 5.2. Community Development Director Shaw explained this amendment adds language in the Circulation Element of the General Plan that recognizes roadway widths which vary from those specified in General Plan Figure 5.2. The East Valley Corridor Specific Plan and Downtown Redlands Specific Plan have specific standards for given streets that vary from the roadway widths depicted in General Plan Figure 5.2 This amendment will clarify that these criteria are in conformance with the General Plan. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. None being forthcoming, the public hearing was March 17, 1998 Page 8 declared closed. Councilmember George moved to adopt Resolution No. 5487. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5488 - General Plan Amendment No. 66-G - Public hearing was advertised for this time and place to consider Resolution No. 5488, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-G revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment will change the land use designation from low density residential to Parks/Golf Course for a small portion of the previously designated linear park (Centennial Park) located north of Sessums Drive between Orange Street and Church Street. 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 George moved to adopt Resolution No. 5488 approving General Plan Amendment No. 66-G. Motion seconded by Councilmember Banda and carried unanimously. Resolution No. 5489 - General Plan Amendment No. 66-H - Public hearing was advertised for this time and place to consider Resolution No. 5489, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-H revising the Official Land Use Map of the General Plan. Community Development Director Shaw explained this amendment will redesignate a City- owned citrus grove located south of the Interstate 10 Freeway between California Street and Nevada Street from "Agriculture" to "Agriculture-City Grove to accurately reflect the ownership and existing land use of the grove. 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 George moved to adopt Resolution No. 5489 approving General Plan Amendment No. 66-H. Motion seconded by Council- member Banda and carried unanimously. Resolution No. 5490 - General Plan Amendment No. 66-I - Public hearing was advertised for this time and place to consider Resolution No. 5490, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-I by revising General Plan Figure 4.1 of the Land Use Element to delete those rights of way located in Caroline Park, Ford Park, and Hillside Cemetery which have been previously vacated by the City Council. Community Development Director Shaw explained this amendment will update the relevant maps in the General Plan to accurately reflect the vacation of certain rights-of- way by formal action of the City Council. 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 George moved to adopt Resolution No. 5490 approving General Plan Amendment No. 66-I. Motion seconded by Councilmember Banda and carried unanimously. March 17, 1998 Page 9 Resolution No. 5491 - General Plan Amendment No. 66-J - Public hearing was advertised for this time and place to consider Resolution No. 5491, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-J revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment will change the land use designation from "Light Industrial" to "Parks/Golf Course" on four contiguous parcels acquired by the City of Redlands located on the south side of Pioneer Avenue for the Community Park located in the vicinity of the airport. 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 Freedman moved to approve the Environ- mental Review Committee's Negative Declaration for General Plan Amendment No. 66-J based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 71.1.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's guidelines. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to adopt Resolution No. 5491 approving General Plan Amendment No. 66-J. Motion seconded by Councilmember George and carried unanimously. Resolution No. 5492 - General Plan Amendment No. 66-K- Public hearing was advertised for this time and place to consider Resolution.No. 5492, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 5492 revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment changes the land use designation from "Low Density Residential" to "Commercial/Neighborhood Shopping on a 1.6 acre vacant parcel located east of and adjacent to the Gerrard's Center located on the southeast corner of Citrus Avenue and Dearborn Street. At the request of the applicant, this item was brought forward to the beginning of the public hearings for the General Plan Amendment. On behalf of the Gerrard family, Pat Meyer requested cancellation of this proposal noting it has created a sense of concern among the neighbors. He added that they would like to bring it forth when and if they have plans for any expansion and promised they would meet with the neighbors before submitting an application. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. On behalf of the Amberly Park Homeowners Association, Robert Hill expressed their appreciation that this request was withdrawn but added they still have concerns about how it proceeded to this point. (Note: A large number of petitions and letters opposing this proposal were submitted to the City Clerk's Office well in March 17, 1998 Page 10 advance of this meeting.) There being no further comments, the public hearing was declared closed, and no action was taken by the City Council. Resolution No. 5493 - General Plan Amendment No. 66-L - Public hearing was advertised for this time and place to consider Resolution No. 5493, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-L revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment changes the General Plan land use designation from "Medium Density Residential" to "Very Low Density Residential" on a portion of a 24.4 acre site located on the south side of Highland Avenue, west of the Interstate 10 Freeway, referred to as El Carmelo Retreat. This redesignation of this site will comply with the applicable provisions of Measure U. 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 Freedman moved to approve the Environmental Review Committee's Negative Declaration for General Plan Amendment No. 66-L based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's guidelines. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to adopt Resolution No. 5493. Motion seconded by Councilmember George and carried unanimously. (Also see Ordinance No. 2376, Zone Change No. 365, below.) Resolution No. 5494 - General Plan Amendment No. 66-M -Public hearing was advertised for this time and place to consider Resolution No. 5494, a resolution of the City Council of the City of Redlands adopting General Plan Amendment No. 66-M revising the Official Land Use Map of the Redlands General Plan. Community Development Director Shaw explained this amendment changes the General Plan land use designation from "Medium Density Residential" to "Low Density Residential" on a 9.4 acre site located on the northwest comer of Wabash Avenue and Brockton Avenue. This change of land use designation of this property is consistent with the direction from the City Council at its February 17, 1998, meeting. 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 Freedman moved to approve the Environmental Review Committee's Negative Declaration for General Plan Amendment No. 66-M based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's March 17, 1998 Page I I guidelines. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to adopt Resolution No. 5494. Motion seconded by Councilmember George and carried unanimously. (Also see Ordinance No. 2377, Zone Change No. 366,below.) Resolution No. 5495 - General Plan Amendment No. 66-N - Public hearing was advertised for this time and place to consider Resolution No. 5495, a resolution of the City Council of the City of Redlands adapting General Plan Amendment No. 66-N by amending the text of the City of Redlands General Plan to incorporate requirements for socio-economic cost/benefit studies and findings required by Measure U. Community Development Director Shaw explained this amendment will clarify the language from Measure U relative to the requirement for socio-economic cost/benefit studies as per the direction of the City Council at its meeting of February 17, 1998. 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 Freedman moved to approve the Environmental Review Committee's Negative Declaration for General Plan Amendment No. 66-N based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish and Game Code and directed staff to file and post a Notice of Determination in accordance with the City's guidelines. Motion seconded by Councilmember George and carried unanimously. Councilmember Freedman moved to adopt Resolution No. 5495. Motion seconded by Councilmember George and carried unanimously. (Also see Ordinance No. 2378, Zoning Ordinance Text Amendment No. 259, below.) Ordinance No. 2376 - Zone Change No. 365 - Public hearing was advertised for this time and place to consider Ordinance No. 2376, an ordinance adopting Zone Change No. 365, a change of zone from R-S (Suburban Residential - 10,000 square foot lots) and R-E (Residential Estate - 14,000 square foot lots) Districts to A-] (Agricultural - five acre lots) District on a 6.0 acre lot at El Carmelo Retreat which is located on the south side of Highland Avenue, west of the Interstate 10 Freeway, as recommended by the Redlands Planning Commission. Community Development Director Shaw explained that on February 17, 1998,. the City Council directed staff to complete a General Plan amendment and zone change for this parcel of land in order to be consistent with the General Plan and Measure U. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this change of zone. None being forthcoming, the public hearing was declared closed. Councilmember George moved to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 365 and directed staff to file and post a Notice of Determination in accordance with the City's March 17, 1998 Page 12 guidelines. Motion seconded by Councilmember Gilbreath and carried unanimously. Ordinance No. 2376, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code by adopting a revised land use zoning plan as part of the Official Land Use Zoning Map and effecting Zone Change No. 365, was given its first reading of the title by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember George, further reading of the ordinance text was unanimously waived, and Ordinance No. 2376 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for April 7, 1998. (Also see Resolution No. 5493, General Plan Amendment No. 66-L above.) Ordinance No. 2377 - Zone Change No. 366 - Public hearing was advertised for this time and place to consider Ordinance No. 2377, an ordinance adopting Zone Change No. 366, a change of zone from R-2 (Multiple Family residential- 8,000 square foot lots) District to R-1 (Single Family Residential - 7,200 square foot lots) District on a 9.4 acre site located on the northwest corner of Wabash and Brockton. Avenues, as recommended by the Redlands Planning Commission. Community Development Director Shaw explained that the City Council directed staff to complete a General Plan amendment and zone change for this parcel of land on which there is an active subdivision map in order to be consistent with the General Plan and Measure U. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments concerning this change of zone. None being forthcoming, the public hearing was declared closed. Councilmember Banda moved to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 366 and directed staff to file and post a Notice of Determination in accordance with the City's guide- lines. Motion seconded by Councilmember Freedman and carried unanimously. Ordinance No. 2377, an ordinance of the City of Redlands amending Title 18 of the Redlands Municipal Code by adopting a revised land use zoning plan as part of the Official Land Use Zoning Map and effecting Zone Change No. 366, was given its first reading of the title by City Clerk Poyzer, and on motion of Councilmember Banda, seconded by Councilmember Gilbreath, further reading of the ordinance text was unanimously waived, and Ordinance No. 2377 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for April 7, 1998. (Also see Resolution No. 5495, General Plan Amendment No. 66-M, above.) Ordinance No. 2378 - Zoning Ordinance Text Amendment No. 259 - Public hearing was advertised for this time and place to consider Ordinance No. 2378, an ordinance of the City of Redlands amending Title 17 and Title 1.8 of the Redlands Municipal Code by adopting Zoning Ordinance Text Amendment No. 259 relating to socio-economic cost/benefit studies. Community Development Director Shaw explained that on March 10, 1998, the Planning March 17, 1998 Page 13 Commission reviewed the proposed Zoning Ordinance Text Amendment No. 259 and voted 5-1, with one abstention, to recommend denial to the City Council. In addition, the Planning Commission approved an alternate motion on a 6-1 vote to recommended that the City Council permit the Planning Commission to maintain its powers and duties under Title 1.7 and Title 1.8 of the Redlands Municipal Code for a period of one year. At the end of one year, the City Council may rescind these powers and duties at the City Council's discretion. Community Development Director Shaw said this proposal amends the appropriation sections of the Redlands Municipal Code and establishes that the City Council shall take final action on all development projects which require a socio-economic cost/benefit study as required under Measure U. This results in a transfer of authority in the decision-making process on Tentative Subdivision Maps and Conditional Use Permits or :Planning Commission Review and Approvals involving structures over 5,000 square feet. The Planning Commission will act in an advisory capacity on these development projects and render recommendations to the City Council. He then reviewed the proposed text amendments. Mayor Cunningham declared the meeting open as a public hearing for any questions or comments. Former Planning Commissioner Ray Alexander eloquently urged the City Council to leave the present responsibilities with the highly successful Planning Commission; he asked that they make a good decision based on Planning Commission history and legal counsel. Former Planning Commissioner Diane Christensen told Councilmembers she was disturbed about this proposed change and urged the City Council to leave well enough alone. Planning Commissioner George Webber reviewed the Planning Commission's recommendation noting the City Council can always hold a hearing on appeal. There being no further comments, the public hearing was declared closed. Councilmember Gilbreath's motion to deny Zoning Ordinance text amendment No. 259 did not receive a second. In response to Councilmember Freedman's questions, City Attorney McHugh noted that the proponents of Measure U say the language is clear, but the legal authority has not been addressed. Community Development Director Shaw informed Councilmember Freedman that approximately 70-80 percent of the projects will be relinquished by the Planning Commission. Councilmember George stated he thought that Measure U was clear that the City Council shall conduct a socio- economic cost/benefit study; that it was not his intent to change what the Planning Commission does (having great appreciation for their work) but that this would be an additional step. Councilmember Banda agreed with Councilmember George. As co-drafter of the initiative, Mayor Cunningham stated the language was clear that projects should be reviewed for socio- economic impacts by the City Council. March 17, 1998 Page 14 Councilmember George moved to approve the Environmental Review Committee's Negative Declaration for Ordinance No. 2378 based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively have an adverse impact on wildlife resources as defined in Section 711.2 of the California Fish. and Game Code 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 with Councilmember Gilbreath voting NO. Ordinance No. 2378, an ordinance of the City of Redlands amending Title 17 and Title 18 of the Redlands Municipal Code by adopting Zoning Ordinance Text Amendment No. 259 relating to socio-economic cost/benefit studies, was read by title only by City Clerk Poyzer, and on motion of Councilmember George, seconded by Councilmember :Banda, further reading of the ordinance text was unanimously waived, and Ordinance No. 2378 was introduced and laid over under the rules with adoption scheduled for April 7, 1998, with Councilmember Gilbreath voting NO. UNFINISHED BUSINESS Ordinance No. 2370 - Sign Code - In his staff report, Community Development Director Shaw reported that on November 12, 1997, the Planning Commission unanimously recommended approval of the revised Sign Code. The majority of the Planning Commission (4-3) did not support provisions of freeway oriented signs for theme parks and this is not part of the proposal before the City Council at this time. The City Council conducted public hearings on the draft Sign Code on January 6, 1998, and February 3, 1998. Staff has prepared an ordinance to incorporate those changes as recommended by the City Council during the public hearings. The changes incorporated into the ordinance include a revised boundary for those areas which would be regulated under the special provisions of the Downtown Business District. Figure 14 was amended so as to include the existing boundaries and expanded to include those areas bounded by Redlands Boulevard and Stuart Avenue to the south, Orange Street to the east, the I-1.0 Freeway to the north, and Eureka Street and Lawton Street on the west. Other changes included by staff were revisions to incorporate a process for reviewing signs that are larger than 120 square feet as required by Measure U; modified provisions to allow a second freestanding sign for service stations; and a revised section on code enforcement and administration. At this time, Mr. Shaw recommended that additional public comments be heard and that this matter be continued to April 7, 1998, for final clean-up language and introduction of the ordinance. Mayor Cunningham opened the meeting for any further questions or comments. There were no comments from the audience. Councilmember Gilbreath noted a correction needed in the index and asked for clarification regarding non-conforming signs and implementation. March 17, 1998 Page 15 Councilmember Freedman moved to continue Ordinance No. 2370 to April 7, 1998. Motion seconded by Councilmember George and carried unanimously. PUBLIC COMMENTS Freeway Noise - Ms. Ione Hansen, 814 East High Avenue, addressed the City Council during the afternoon session under Communication asking for assistance for the construction of a sound wall. At this time, Chris Johnson, Esther M. Ringer, and John Abad also urged the City Council to assist them in their efforts. Ms. Hansen reiterated her concerns. This matter was referred to staff for study. Baseball for Youth - Dave Eason informed the City Council that Redlands Baseball for Youth has set up a web site and asked that the City link their site to theirs. He also announced that opening day will be held on Saturday, April 21, 1998. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8:50 P.M. The next regular meeting will be held on April 7, 1998. City Clerk March 17, 1998 Page 16