Loading...
HomeMy WebLinkAbout011800cc_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 January 18, 2000. PRESENT Pat Gilbreath, Mayor Gary George, Mayor Pro Tem John L. Freedman, Councilmember Susan Peppler, Councilmember Karl N. "Kasey" Haws, 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 (afternoon session) Jim Bueermann, Police Chief Mel Enslow, Fire Chief Rob Hill, Acting Finance Director Ronald C. Mutter, Public Works Director Gary G. Phelps, Municipal Utilities Director Jeffrey L. Shaw, Community Development Director ABSENT None The meeting was opened with an invocation by Councilmember Peppler followed by the pledge of allegiance. CONSENT CALENDAR Minutes - On motion of Councilmember George, seconded by Councilmember Freedman, the minutes of the regular meeting of January 4, 2000, and the special meeting of January 10, 2000, were approved as submitted. Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Freedman, payment of bills and salaries was acknowledged. C.U.P. No. 617 - Pharaoh's Lost Kingdom - Councilmember Freedman felt it would be appropriate to appeal the Planning Commission decision for the revision to Conditional Use Permit No. 61.7 to repeal certain conditions of approval established by the City Council on April 20, 1999, during a revocation proceeding of Pharaoh's Lost Kingdom's permit. Citing a potential conflict of interest, Councilmember Haws left the City Council Chambers. Councilmember Freedman then moved to appeal this decision and the motion was seconded by Councilmember George. Supporting the Planning January 18,2000 Page 1 Commission's decision, Art Braswell addressed the City Council and explained the water usage procedures at the park. The motion to appeal this decision failed by the following vote: AYES: Councilmembers Freedman and George NOES: Councilmembers Gilbreath and Peppler ABSTAINED: Councilmember Haws Planning Commission Actions - On motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the report of the Planning Commission meeting held on January 11, 2000, was acknowledged as received with Councilmember Freedman voting NO. Environmental Review Committee - On motion of Councilmember George, seconded by Councilmember Freedman, agenda for the Environmental Review Committee meeting to be held on January 24, 2000, was acknowledged as received. CDBG Funds - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously moved to reprogram $5,000.00 of Community Development Block Grant funds from Project No. 111-25227/1874 (Teen Center Youth Activities Program, Y Alliance) to Project No. 111-21603 (Redlands YMCA Building Fumigation and Floor Rehabilitation), and further to reprogram $5,000.00 of Community Development Block Grant funds from Project No. 111-24227 YMCA of Redlands, Legal Aid Clinic) to Project No. 11.1-21603 (Redlands YMCA Building Fumigation and Floor Rehabilitation). Contract - Le-eg ndary Ink Spots - This item was withdrawn from the agenda. Agreements - Colton and Wabash Intersection Improvements - This item was withdrawn from the agenda. Funds - Contract - Sacramento Lobbyist - Citing a possible conflict of interest, Councilmember Haws left the City Council Chambers. Councilmember Freedman moved to approve an additional appropriation in the amount of $4,000.00 for lobbying services by Stefan George Associates for a period of one month and authorized the Mayor and City Clerk to sign the contract on behalf of the City. Motion seconded by Councilmember Gilbreath. Councilmember George invited proponents of Citrus Plaza and members of the United Donut Hole Owners Property Association (UDHOPA) to go to Sacramento Wednesday morning (January 18, 2000) and appear before the Senate Local Government Committee to assure State legislators they do not support AB 1544 sponsored by Assemblyman Brett Granlund. Bob Roberts addressed the City Council with several concerns about this contract. City Attorney McHugh assured the public and Councilmembers that there had been no violation of The :Brown Act in January 18,2000 Page 2 regards to the hiring of this consultant. The motion then carried by AYE votes of all present (Councilmember Haws was not present). COMMUNICATIONS Legislative Bulletin-No discussion. City Manager's Report - AB 1544 - Councilmember Haws left the City Council Chambers during this report due to a possible conflict of interest. City Manager Luebbers reported the City Council had sent a letter to the Governor's Office in December to set up a meeting to discuss negotiations with Majestic Realty. AB 1544 ("son of AB 1553" which was vetoed last year by Governor Davis) was revived by Assemblyman :Brett Granlund after the meeting was arranged. Councilmembers George and Peppler and City Manager Luebbers went to Sacramento last week and met with many people who were pleased the City was working so fast. They also discussed State monies coming to Redlands. City Manager Luebbers concluded noting this was a very successful trip. Bob Roberts addressed the City Council regarding the time of this trip. City Attorney McHugh reviewed and explained the contents of AB 1544. Cable TV Franchise - Councilmember Haws asked for information as to the current status and options of our franchise for cable television. Jerry Hanson, the cable television consultant for the City, reviewed the non-exclusive franchise with TCI. The new owners are Adelphia and AT&T and we have approximately 1.2 years remaining on the current contract. Mr. Hanson offered to meet with each Councilmember individually to brief them in detail about the franchise contract. Councilmember Haws asked for an analysis of standards required and the status of the improvements to be made and Adelphia's accountability. Majestic Development Proposal Negotiations - Councilmember Haws left the City Council Chambers during this report due to a possible conflict of interest. Councilmember Freedman reiterated his desire to hold negotiations for a development proposal with Majestic Realty Company in public. Councilmember George felt that some of the negotiating needed to be done in a quiet arena and assured Councilmember Freedman they were not getting into substantive matters in the meetings and that a draft of a development proposal would be brought to the City Council for a full hearing. Donut Hole Development Options - Councilmember Haws was not in the City Council. Chambers during this report due to a possible conflict of interest. Councilmember George moved that the City Council schedule a discussion of development options with all owners of property within the Donut Hole at the February 1, 2000, City Council meeting; he further directed staff to mail notices to all owners and to make the East Valley Corridor Specific Plan. available to each Councilmember prior to this meeting. Motion seconded by January 18,2000 Page 3 Councilmember Freedman. On behalf of the United Donut Hole Owners Property Association, Richard Kunihira read a two-page letter dated January 17, 2000, urging the City Council to negotiate with UDHOPA, not just Majestic Realty Company, regarding terms of potential annexation to the City and the provision of water and sewer service to the Donut Hole by the City. Representing UDHOPA, Attorney John Mirau responded to Councilmembers' questions indicating they wanted to go on with negotiations in a similar approach as is being done with Majestic Realty Company. The motion then carried by AYE votes of all present (Councilmember Haws was not present). Downtown Development Plan- Councilmember George asked the Mayor to call a special meeting to be held on Tuesday, January 25, 2000, at 7:00 P.M. to meet with members of the Allies to hear a presentation on development in downtown. Redlands. He also asked staff to provide copies of Specific Plan No. 45 to each Councilmember prior to this meeting. Redlands Museum - Councilmember Peppler asked the City Council to allow the formation of a committee with The Redlands Area Historical Society President Liz Beguelin, Redlands Daily Facts Our Town Editor Nelda Stuck and other committee members to be chosen in the future to study the feasibility of establishing a Redlands .Museum. By consensus, this was acceptable to the City Council. PUBLIC COMMENTS LLBN TV Programming - Ranim Hanna and Sonya DeLange asked how they could broadcast their local family programming from Loma Linda to the Redlands' community. They were referred to staff for assistance. CLOSED SESSION The City Council meeting recessed at 4:32 P.M. to a Redevelopment Agency meeting and reconvened at 4:39 P.M. to a closed session to discuss the following: 1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(c): a. City of Redlands v. County of San Bernardino/Majestic EO21.447 b. Cuaron v. City of Redlands SCV 54931 The meeting reconvened at 7:00 P.M. PUBLIC HEARINGS Tentative Tract No. 1.5469 - Gresham (Ross) Roskamp - Public hearing was continued to this time and place to consider a Socio-Economic Cost Benefit January 18,2000 Page 4 Study, Tentative Tract No. 15469, and an accompanying Negative Declaration for the subdivision of 110.3 acres into 24 residential lots located south of the terminus of Sutherland Drive, Ashforth Drive and South Lane in Specific Plan No. 47 (Gresham [Ross] Roskamp, applicant). Development Director Shaw reviewed the application and the Planning Commission's recommendation for approval. At the last City Council meeting, two issues were identified as concerns: one was the size of the park on Lot 7 and the second was a letter from the Redlands Association concerning environmental issues. Community Development Director Shaw responded to the environmental concerns and indicated the applicant is proposing a redesign of the project which will satisfy many of the concerns that have been brought up from the community about the oak grove. The redesign to be presented is minor in nature and would appear to be consistent with the standards of Specific Plan No. 47 so as not to change any environmental issues. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Speaking on behalf of the applicant, Pat Meyer presented a revised plan which will eliminate the cul-de-sac and add a "knuckle" at the end of Sutherland Drive and expand from 7 to 15 acres the dedicated park. He noted that over fifty percent of the 110.3 acres will remain open space with deeded restrictions to assure continuance of the open space. Eight oak trees will be removed but 150 new oak trees will be planted within the development. He introduced the owners of the property, Frank Mistretta and Gresham Roskamp, who were present at this meeting. Mr. Mistretta addressed the City Council. Councilmembers expressed their deep appreciation to the property owners for their contribution to the City. Mrs. Teddy Banta presented a petition purposed to contain 513 signatures urging the City Council to ask the developer for a plan redesign which would save all the oak trees. Ted Belf expressed concerns about the loss of open spaces and suported the petition submitted. A letter dated January 18, 2000, from David Matuszak, President of the Friends of the Live Oak Canyon, was presented urging the City Council to "set aside a minimum of two more lots for inclusion into the dedicated park to help meet the goal of preserving this oak stand and assuring that generations to come can enjoy the natural beauty of Live Oak Canyon." Jonathan Baty indicated his support of this letter. There being no further comments, the public hearing was closed. Councilmember Haws moved to approve the Environmental Assessment for Tentative Tract No. 15469 which is consistent with the previous Mitigated Negative Declaration approved by the City Council on September 21, 1993, subject to the following findings: 1. No substantial changes are proposed in the project which will require major revisions of the previously approved Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. No substantial changes have occurred with respect to circumstances under which the project was undertaken which will require major revisions of the previously approved Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and January 18,2000 Page 5 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous Mitigated Negative Declaration for Specific Plan No. 47 was previously approved, has been identified. Motion seconded by Councilmember Peppler and carried unanimously. Councilmember Haws moved to approve the Socio-Economic Cost Benefit Study for Tentative Tract No. 15469 as it has been determined that this project will not create unmitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and that the proposed project, based on the overall Fiscal Impact Analysis, will provide the City with a positive annual revenue/cost ratio of $1.44. Motion seconded by Councilmember Peppler and carried unanimously. Councilmember Haws moved to approve Tentative Tract No. 1.5469 subject to the following findings and subject to the conditions of approval attached to the staff report: 1. That the proposed tentative map is consistent with the policies, land use designation, and density prescribed by the Redlands General Plan; 2. That the proposed tentative map is consistent with the policies, land use designation, and density prescribed by Specific Plan No. 47; 3. That the design and improvements of the proposed subdivision are consistent with City standards and Specific Plan No. 47; 4. That the site is physically suitable for the type of development; 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. That the design of the subdivision or type of improvements will not cause any serious public health problems; 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision; and 8. That pursuant to California Government Code Section 66474.6, the discharge of waste from this subdivision apparently will not result in violation of existing requirements prescribed by the Santa Ana Regional Water Quality Control Board pursuant to Division 7 of the California Water Code. Motion seconded by Councilmember Peppler and carried unanimously. Sign Conditional Use Permit No. 2 - Public hearing was advertised for this time and place to consider Sign Conditional Use Permit No. 2 and an accompanying Negative Declaration for two freeway signs with an area of 608 square feet each located in the existing Tri-City shopping Center in the EV/CG (General Commercial) District of the East Valley Corridor Specific Plan; National Signs, applicant. On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously continued this public hearing to February 1, 2000, at the request of the applicant. January 18,2000 Page 6 Appeal - C.U.P. No. 679 (Revision No. 1) - ABHOW - Public hearing was advertised for this time and place to consider an appeal of the Planning Commission decision of December 14, 1999, to consider a revision to conditions of approval for Conditional Use Permit No. 679 (Revision No. 1) for a 62-unit affordable housing development for the elderly located at the southwest corner of Fern Avenue and Redlands Boulevard (American Baptist Homes of the West, applicant). Community Development Director Shaw reviewed the application and the appeal of Condition of Approval No. 4 as it relates to the issue of required parking for the existing single family dwelling located at 430 East Fern Avenue. The action taken at the Redevelopment Agency Board of Directors' meeting on this date separates the house from the project and addresses the applicant's concerns. Mayor Gilbreath 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 that the City Council approve Revision No. 1 to Conditional Use Permit No. 679 subject to all department recommendations; deleting Conditions No. 4 and 5 of the Planning Commission's conditions of approval for said conditional use permit; requiring that the house and property be deeded to the City of Redlands prior to the final occupancy of Fern Lodge; and fording: 1. That the site modification for both intended uses is adequate in size and shape to accommodate the proposed use and other features required; 2. That both sites adequately relate to streets and highways properly designed to carry the type and quantity of traffic generated or to be generated by the proposed use; 3. That uses are desirable for the development of the community, is consistent with the policies, programs, and objectives of the Redlands General Plan, and is not detrimental to existing or planned uses in the vicinity of the proposed project; and 4. That the conditions set forth in the permit and shown on the approved site plan are necessary to protect the public health, safety or general welfare. Motion seconded by Councilmember Freedman and carried unanimously. Curtis Development - Public hearing was advertised for this time and place to consider Ordinance No. 2428, an ordinance adopting Zone Change No. 372, a change of zone from A-1 (Agricultural - five-acre lots) District to R-E (Residential Estate - 14,000 square foot lots) District and Resolution No. 5719, a resolution of the City Council of the City of Redlands approving Agricultural Preserve Removal No. 92 for a 9.49 acre parcel located on the north side of Lugonia Avenue, approximately 1,360 feet west of Wabash Avenue (Curtis Development, applicant), as recommended by the Redlands Planning Commission. Community Development Director Shaw reviewed these applications. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments concerning this change of zone and agricultural preserve removal. None being forthcoming, the public hearing was declared closed. Councilmember Peppler moved to approve the Environmental Review Committee's Negative Declaration for Zone Change No. 372 and Agricultural January 18,2000 Page 7 Preserve Removal No. 92 based on the finding that the project will not have 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 Freedman and carried unanimously. Resolution No. 5719 - Agricultural Preserve Removal No. 92 - Councilmember Peppler moved to approve Resolution. No. 571.9, a resolution of the City Council of the City of Redlands amending Agricultural Preserve boundaries previously established by Resolution No. 5663 and effecting Agricultural Preserve Removal No. 92 based on the following findings: 1. The applicant is the legal owner of record; 2. The land requested to be removed from the Agricultural Preserve is adjacent to a developed zone other than agriculture; 3. The application is in conformity with the Redlands General Plan; 4. The land requested to be removed from the Agricultural Preserve does not circumvent land under contract in accordance with the California Land Conservation Act of 1965; and 5. The land to be removed from the Agricultural Preserve is not in nor adjacent to property in the Agricultural Preserve and, therefore, this proposed urban development will not impact the properties in the immediate vicinity. Motion seconded by Councilmember George and carried unanimously. Ordinance No. 2428 - Zone Change No. 372 - Ordinance No. 2428, 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. 372, was read by title only by City Clerk Poyzer and on motion of Councilmember Peppler, seconded by Councilmember Haws, was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for February 1, 2000. Ordinance No. 2429 - Si Shopping Program - Albertson's ShoppProgram - Albertson's Shopping Center - Public hearing was advertised for this time and place to consider Ordinance No. 2429, an ordinance of the City of Redlands adopting Amendment No. 3 to Specific Plan No. 41 and amending Ordinances Nos. 2078, 2339, and 2349 to modify the sign program to include sign size, height, colors and location for the shopping center known as "The Albertson's Shopping Center" (formerly "The Lucky's Shopping Center") located on the southwest corner of Redlands Boulevard and Cypress Avenue (Westar Associates, applicant). Community Development Director Shaw reviewed the application and the Planning Commission's recommendation. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Peter Ketting, owner of the south end January 18,2000 Page 8 of the shopping center, indicated his willingness to accept the Planning Commission's decision. There being no further comments, the public hearing was declared closed. Ordinance No. 2429 was read by title only by City Clerk Poyzer, and on motion of Councilmember Haws, seconded by Councilmember Freedman, further reading of the ordinance text was unanimously waived, and Ordinance No. 2429 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for February 1, 2000. UNFINISHED BUSINESS Water Policies - Citing a potential conflict of interest, Mayor Gilbreath left the City Council Chambers. Municipal Utilities Director Phelps presented history on water procedures and authority for entering into irrigation water agreement with water companies, 'B" Contract Water Agreements, and negotiating the purchase and sale of water stock. Mark Bulot, San Bernardino Valley Municipal Water District Board Member, informed Councilmembers their Board of Directors at a regularly scheduled meeting held on January 1.8, 2000, approved granting its proxy for 21,180 shares of the Bear Valley Mutual Water Company to the Redlands City Council for their use at the Annual Meeting of the Stockholders of Bear Valley scheduled for Tuesday, February 15, 2000, at 10:00 A.M. to be held at 101 East Olive Avenue. Following brief discussion, Mayor Pro Tem George directed staff to report back to the City Council on February 1, 2000, on this matter. Mayor Gilbreath returned to the meeting. Fred Ford addressed the City Council and urged them to review all water agreements on file with the City to make sure they are in the best interest of the City; to review policies of water rate subsidies very thoroughly; and to review the use of the Utility Fund. Councilmember Haws asked City Attorney McHugh what the status was on the agreement with the West Redlands Water Company. Mr. McHugh responded the agreement needs to be cleaned up and it will be brought to the City Council on February 1, 2000, along with other water agreements for the Council's review. Councilmember Haws moved 1. That the City Council reserve to itself the authority to enter into agreements with water companies and their shareholders for the elimination of little used, high maintenance pipelines; 2. That the City Council reserve to itself the authority to enter into "B" Contract Water Agreements; and 3. Delegate to the Water Policy Committee authority to negotiate the purchase or sale of water stock. Motion seconded by Councilmember Peppler and carried unanimously. Funds - Contract - Washington, D.C. Legislative Representation - City Manager Luebbers reported the City Council, at its December 16, 1999, meeting, directed staff to research options for providing lobbying services to the City in Washington, D.C. to obtain federal grants and/or funding for the City. Based on discussions Mr. Luebbers held with. Jeff Shockey of Copeland Lowery & Jacquez, he recommended the City Council award a contract to this firm. January 18,2000 Page 9 Councilmember Haws moved to award a 12-month contract to Copeland Lowery & Jacquez for legislative representation services and authorized the Mayor and City Clerk to sign the contract on behalf of the City, and further moved to authorize an additional appropriation in the amount of$30,000.00 for this contract with the understanding the City Council would review this contract at the end of the year as it is expected this amount will be returned many times over in Federal funds received. Motion seconded by Councilmember Freedman and carried unanimously. PUBLIC COMMENTS Steve Denton addressed the City Council about several concerns he had in relation to water and the development of the Donut Hole. ADJOURNMENT There being no further business, the City Council meeting adjourned at 8:31 P.M. The next regular meeting will be held on February 1, 2000. City Clerk January 18,2000 Page 10