HomeMy WebLinkAbout091900cc_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, Civic Center, 35 Cajon Street, on September 19, 2000, at
3:00 P.M.
PRESENT Pat Gilbreath, Mayor
Gary George, Mayor Pro Tem
John L. Freedman, Councilmember
Susan Peppler, Councilmember
Karl N. "Kasey" Haws, Councilmember
Larry E. Burgess, Interim City Manager
Daniel J. McHugh, City Attorney
Lorrie Poyzer, City Clerk
Michael Reynolds, City Treasurer
Jim Bueermann, Police Chief
Mel Enslow, Fire Chief
Bonnie Johnson, Finance Director
Ronald C. Mutter,Public Works Director
Gary G. Phelps, Municipal Utilities Director
Jeffrey L. Shaw, Community Development Director
(evening session)
John Jaquess, City Planner
(afternoon session)
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 Freedman, seconded by
Councilmember Haws, the minutes of the regular meeting of September 5,
2000, were approved as submitted.
Bills and Salaries - On motion of Councilmember Freedman, seconded by
Councilmember Haws,payment of bills and salaries was acknowledged.
Planning Commission Actions - On motion of Councilmember Freedman,
seconded by Councilmember Haws, the report of the Planning Commission
meeting held on September 12, 2000, was acknowledged as received.
Ordinance No. 2437 - Mountainview Power Development Agreement -
Ordinance No. 2437, an ordinance of the City of Redlands approving a
development agreement with Mountainview Power Company, LLC, was
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Page 1
unanimously continued at the request of the applicant to October 17, 2000, on
motion of Councilmember Freedman, seconded by Councilmember Haws.
September 1.9,2000
Page 2
Ordinance No. 2442 - Zone Change No. 374 - Ordinance No. 2442, 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. 374, was adopted on motion of
Councilmember Gilbreath, seconded by Councilmember George, by the
following vote:
AYES: Councilmembers George, Peppler, Haws; Mayor Gilbreath
NOES: Councilmember Freedman
ABSENT: None
Ordinance No. 2452 - Nuisance Abatement - Ordinance No. 2452, an ordinance
of the City of Redlands amending Chapter 8.04 of the Redlands Municipal Code
relating to nuisance abatement and will allow the City to recover attorneys` fees
in any action, administrative proceeding or special proceeding to abate a
nuisance in accordance with Government Code Section 38773.5, was
unanimously adopted on motion of Councilmember Freedman, seconded by
Councilmember Haws.
Ordinance No. 2454 - Water Service Prepayment - Ordinance No. 2454, an
ordinance of the City of Redlands amending Chapter 13.12 of the Redlands
Municipal Code relating to prepayments for domestic water service, was
unanimously adopted on motion of Councilmember Freedman, seconded by
Councilmember Haws.
Ordinance No. 2455 - Adult-Oriented Businesses - Ordinance No. 2455, an
ordinance of the City of Redlands amending Chapter 8.76 of the Redlands
Municipal Code relating to adult-oriented businesses, was unanimously adopted
on motion of Councilmember Freedman, seconded by Councilmember Haws.
Emergency Operations Center - Change Order - On motion of Councilmember
Freedman, seconded by Councilmember Haws, the City Council unanimously
approved Change Order No. 1 to the contract for the Emergency Operation
Center Tenant Improvements Project in the amount of$3,737.50.
Funds - Orange Street Electrical Improvements Project - On motion of
Councilmember Freedman, seconded by Councilmember Haws, the City
Council unanimously appropriated $9,500.00 and awarded a contract for
construction of the Orange Street Electrical Improvements Project to Rymax
Electric, Inc., Upland.
Funds - Wastewater Vehicle - On motion of Councilmember Freedman,
seconded by Councilmember Haws, the City Council unanimously authorized
replacement of a GMC pickup (Unit No. 760) and an additional appropriation of
$22,000.00 from the Wastewater Enterprise Fund Equipment Replacement
Reserve.
September 19,2000
Page 3
RDA No. 2000-III-1 - On motion of Councilmember Freedman, seconded by
Councilmember Haws, the City Council unanimously accepted the
recommendations of the Planning Commission, Historic and Scenic
Preservation Commission, staff, and the Redlands Unified School District for
points to be awarded to Residential Development Allocation (RDA) No. 2000-
III-1 for 9 single family homes in Tract No. 15382 located on the southwest
corner of Cypress and Sunnyside Avenues (BHS, Inc., applicant), and approved
RDA No. 2000-III-1.
Proclamation - Constitution Week - On motion of Councilmember Freedman,
seconded by Councilmember Haws, the City Council unanimously authorized
issuance of a proclamation declaring the week of September 17-23, 2000, as
Constitution Week.
Proclamation - American Business Women's Association - On motion of
Councilmember Freedman, seconded by Councilmember Haws, the City
Council unanimously authorized issuance of a proclamation extending best
wishes to the American Business Women's Association, Redlands Chapter.
Funds - Airport Improvement - On motion of Councilmember Freedman,
seconded by Councilmember Haws, the City Council unanimously authorized
staff to apply for federal assistance for airport improvement for the Redlands
Municipal Airport in the amount of$150,000.00 and authorized an expenditure
of$15,000.00 from the Airport Fund for the required 10 percent match.
Purchase and Sale Agreement - 1109 Herald Street - On motion of
Councilmember Freedman, seconded by Councilmember Haws, the City
Council unanimously approved a purchase and sale agreement with James
Martin and Joyce Hughes as approved in a closed session, and authorized the
Mayor and City Clerk to execute the documents on behalf of the City.
COMMUNICATIONS
Study Session - Mayor Gilbreath announced the City Council will adjourn
today's meeting to a study session to be held on Tuesday, October 3, 2000, at
1:00 P.M. in the City Council Chambers to discuss housing density ratio as it
applies to Measure U.
Paperwork Reduction - Noting the mammoth amount of paper used for a City
Council meeting, Mayor Pro Tem George asked staff to come up with
suggestions as to how we could reduce the amount of paperwork. As an
example, he suggested architectural drawings could be reduced to one set which
could be available for review in the City Clerk's Office.
Appointments - Housing Commission - Mayor Gilbreath moved to nominate
Barbara Gallert to the Housing Commission to fill the unexpired term of
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Charles Masuga to January 18, 2003, and Evelyn Martinez to the Housing
Commission to fill the unexpired term of John Lujan to January 18, 2001.
Motion seconded by Councilmember George and carried unanimously.
Funds - Fire Equipment- Councilmember Freedman moved to approve a special
appropriation of up to $73,500.00 for the purchase and installation of
communication and emergency response equipment in six fire emergency
response vehicles. Motion seconded by Councilmember Gilbreath and carried
unanimously.
CLOSED SESSION
City Attorney McHugh presented a letter from Latham and Watkins, the
attorneys for Majestic Realty Company, threatening a lawsuit over an alleged
mis-appropriation of funds if certain monies are not returned to Majestic Realty
by September 30, 2000. Noting that the need to take action was immediate,
Councilmember George moved to add the following item to the agenda which
arose subsequent to the agenda being posted: "Closed session: Conference with
legal counsel: Government Code Section 54956.9(b): one case of anticipated
litigation." Motion seconded by Councilmember Haws and carried
unanimously.
The City Council meeting recessed at 3:11 P.M. to a Redevelopment Agency
meeting and reconvened at 3:12 P.M. to a closed session to discuss the
following:
1. Conference with legal counsel: Government Code Section 54957 - Public
Employee Appointment
2. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a)
- City of Redlands v. State of California-
Sacramento Case No. OOCSO1241
- Raul Aspe v. City of Redlands - San Bernardino Case No. SCISS 61642
3. Conference with real property negotiator - Government Code Section
54956.8 - Church Street Widening Project:
- Property: APN 0169-192-12
Negotiating parties: Carleton W. Lockwood Jr. and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-244-36
Negotiating parties: John S. Hart and Ron Mutter
Under negotiation: Terms and Price
- Properties: APN 01.69-321-01, 02
Negotiating parties: Redlands Foothill Groves and Ron Mutter
Under negotiation: Terms and Price
- Properties: APN 0169-321-04, 05
Negotiating parties: Mark W. Gorden and Ron.Mutter
Under negotiation: Terms and Price
September 19,2000
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3. Conference with real property negotiator - Government Code Section
54956.8 - Church Street Widening Project (continued):
- Property: APN 0169-321-06
Negotiating parties: Darryl B. and Susan L. Hill and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-321-07
Negotiating parties: David Buckley and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-321-11.
Negotiating parties: Alexander Terrazas and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-321-34
Negotiating parties: San Bernardino Associated Governments and
Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-321-37
Negotiating parties: Ruthann R. Evans and Ron.Mutter
Under negotiation: Terms and Price
- Properties: APN 0169-321-54 and APN 0170-181-43
Negotiating parties: San Bernardino County Flood Control District and
Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0169-321-58
Negotiating parties: Atchison Topeka& Santa Fe RR Company and
Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0170-071-01
Negotiating parties: Ellen R. Baum and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0170-071-07
Negotiating parties: Richard R. Borman and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 01.70-072-39
Negotiating parties: Church of Religious Science of Redlands and
Ron Mutter
Under negotiation: Terms and Price
- Property: APN 01.70-181-28
Negotiating parties: Carlos and Danielle Segura and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0170-181-34
Negotiating parties: Chad Cunningham and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0170-231-20
Negotiating parties: Redlands Unified School District and Ron Mutter
Under negotiation: Terms and Price
September 19,2000
Page 6
3. Conference with real property negotiator - Government Code Section
54956.8 - Church Street Widening Project (continued):
- Property: APN 0171-086-07
Negotiating parties: Jim and Laura J. Blackwell and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-086-08
Negotiating parties: James W. Barton and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-086-09
Negotiating parties: William C. Torres III and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-086-10
Negotiating parties: Benjamin G. and Theresa A. Mesa and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-086-11
Negotiating parties: Lucille H. Gibson and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-086-13
Negotiating parties: James W. Foster and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 01.71-342-08
Negotiating parties: Andrew B. Jr. and Janet Lee and Ron Mutter
Under negotiation: Terms and Price
- Property: APN 0171-382-04
Negotiating parties: Redlands Terrace LLC and Ron Mutter
Under negotiation: Terms and Price
- Properties: APN 0171-382-05, 06
Negotiating parties: Charles F. Argon and Ron Mutter
Under negotiation: Terms and Price
Darryl Hill, who owns a residence on Church Street, asked why the City was
widening Church Street. He said if this happens, he will not have a front yard
and he saw no reason to widen the street to four lanes.
The City Council meeting recessed to the closed session at 3:13 P.M. The
meeting reconvened at 7:00 P.M.
PRESENTATIONS
Medals of Distinction - Fire Chief Enslow presented Medals of Distinction to
Eric Chappell, San Bernardino City Fire Department, and Roger Saindon, San
Bernardino County Fire Department, for their heroic actions on the afternoon of
June 5, 2000, and described their immeidate response, while off-duty, to a brush
fire in the area of Del Haven and Cambon Courts. Their quick actions proved
critical to the prevention of extensive fire damage to the homes in the area. Also
present at this meeting were Peter Hills, San Bernardino County Fire Chief,
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Larry Pitzer, San Bernardino City Fire Chief, and Dan Wurl, San Bernardino
County Division Chief.
Fire Explorer Post - Fire Chief Enslow reported the Redlands Fire Department
Explorer's Post began on June 1, 2000, and it has not taken this group of
dedicated young people long to gel as an effective and cohesive team. He then
reported about their recent activities and accomplishments.
Firefighter/Paramedic Fred Clark introduced the Explorers as they accepted a
City seal pin and congratulations from Mayor Gilbreath and Fire Chief Enslow.
PUBLIC HEARINGS
Ordinance No. 2449 - Garage Setbacks - Public hearing was advertised for this
time and place to consider Ordinance No. 2449, Zoning Ordinance Text
Amendment No. 270, to amend the Redlands Municipal Code pertaining to
garages with an electrical door opener to have the same setbacks as carports in
residential zones (David Waters, applicant). Community Development Director
Shaw explained the applicant has an existing apartment project with carports
facing an alley, and he would like to enclose the carports into garages for added
security and improved aesthetics. The Code currently does not allow an
enclosed garage that close to an alley. This ordinance would amend the Code to
allow garages at the same setback as carports and staff has suggested that this
only be considered if the garage is improved with an automatic garage door
opener to address concerns for blocking alley use. Mayor Gilbreath declared the
meeting open as a public hearing for any questions or comments. David Waters
addressed the Council expressing his appreciation for the Planning
Commission's recommendation and urged the City Council approve this
amendment. He also addressed the Council regarding a recent decision
regarding fence height and asked them to reconsider their decision. He was
referred to the City Manager. There being no further comments, the public
hearing was declared closed. Ordinance No. 2449, an ordinance of the City of
Redlands amending Chapter 18.20 of the Redlands Municipal Code relating to
accessory buildings in the A-1 Zone District, was read by title only by City
Clerk Poyzer, and on motion of Councilmember Freedman, seconded by
Councilmember Haws, further reading of the ordinance text was waived, and
Ordinance No. 2449 was introduced with unanimous Council approval and laid
over under the rules with adoption scheduled for October 3, 2000.
Planning Commission Review and Approval No. 716 - Public hearing was
advertised for this time and place to consider Planning Commission Review and
Approval No. 716 for the construction of a 6,855 square foot warehouse
building located on a parcel with an area of 21,099 square feet located between
Kansas and Iowa Streets on West State Street in the EV-IC (Commercial
Industrial) District of the East Valley Corridor Specific Plan (Pence
Construction, applicant). Community Development Director Shaw described the
project. Mayor Gilbreath declared the meeting open as a public hearing for any
September 19,2000
Page 8
questions or comments. None being forthcoming, the public hearing was
declared closed. Councilmember Haws moved to approve the Socio-Economic
Cost/Benefit Study for Planning Commission Review and Approval No. 716 as
the project will not create unmitigable physical blight or over-burden public
services in the community, and no additional information or evaluation is
needed. Motion seconded by Councilmember Freedman and carried
unanimously. Councilmember Haws moved to approve Planning Commission
Review and Approval No. 716 subject to the findings and all department
conditions as contained in the staff report. Motion seconded by Councilmember
Freedman and carried unanimously.
Planning Commission Review and Approval No. 719 - Public hearing was
advertised for this time and place to consider Planning Commission Review and
Approval No. 719 for the construction of a 46,595 square foot manufacturing
facility on 7.47 acres located on the northwest corner of Iowa Street and Citrus
Avenue in the EV/IC (Commercial Industrial) District of the East Valley
Corridor Specific Plan (Caseworx, applicant). Community Development
Director Shaw described the project. 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 Peppler
moved to approve the Negative Declaration for Planning Commission Review
and Approval No. 719 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 Haws and carried
unanimously. Councilmember Peppler moved to approve the Socio-Economic
Cost/Benefit Study for Planning Commission Review and Approval No. 719 as
the project will not create unmitigable physical blight or over-burden public
services in the community, and no additional information or evaluation is
needed. Motion seconded by Councilmember Haws and carried unanimously.
Councilmember Peppler moved to approve Planning Commission Review and
Approval No. 719 subject to the findings and all department conditions as
contained in the staff report. Motion seconded by Councilmember Haws and
carried unanimously.
NEW BUSINESS
Resolution No. 5796 - Historic Preserve of Citrus - Community Development
Director Shaw explained that staff recommended that the Historical Preserve of
Citrus be amended by the removal of 10 acres (know as the Granite Grove)
located on the north side of San Bernardino Avenue, east of Dearborn, and that
a grove of similar size replace the designated Granite Grove. Staff also
recommended retaining a portion of the Granite Grove along the west side of
what will ultimately be Dearborn Street extended as a visible tribute of the
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City's commitment to citrus preservation and as a valuable buffer to the single
family homes on Cortez Court. The Citrus Commission recommended to the
City Council that the entire Granite Grove be removed and no longer be a part
of the City's operation as they did not feel it would be viable. Public Works
Director Mutter explained the need to install a drainage line through this parcel
and its effect on the Sports Park and San Bernardino Avenue. Councilmember
Freedman expressed concern that we had not yet identified the replacement
acreage and desired to continue this matter until that had been accomplished.
Councilmember Haws indicated a firm commitment from the City Council to
replace the acreage in the preserve. Bill Cunningham asked the City Council
and staff why the developer needed to remove four rows of trees for the
drainage line. Following much discussion relating to the preservation of citrus
groves, both large and "pocket" size, Councilmember Haws moved to approve
the Negative Declaration for Resolution No. 5796 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 Peppler and carried
with Councilmember Freedman voting NO. Councilmember Haws moved to
adopt Resolution No. 5796, a resolution of the City Council amending an
historical preserve of citrus and rescinding Resolution No. 5505 by removing 10
acres located on the north side of San Bernardino Avenue, east of Dearborn
Street. Motion seconded by Councilmember Peppler and carried with
Councilmember Freedman voting NO. Councilmember Haws moved to
maintain the citrus groves on the west side of Dearborn Street extended.
Motion seconded by Councilmember Freedman and carried unanimously.
Prioritization of Protects - On behalf of staff, Community Development
Director Shaw asked the City Council for direction as to prioritization of City
projects in relation to staff workload, especially for environmental services
related to the review and comment of the EIR for the Majestic Realty project.
Each of the development departments (Community Development, Public
Works, and Municipal Utilities) has indicated they are being overwhelmed by
the significant workload and their inability to accomplish the significant number
of projects currently identified in a timely manner. Much of the workload is
being driven by private development activity. A list of private development
projects being handled by the Community Development Department along with
their schedules and a Public Works Department Capital Improvement Program -
Project Status Report was provided. In addition to these projects, the City
Council, Commissions, and staff have other projects which are important to the
City. Staff requested direction from the City Council on which projects staff
should focus on and if there are projects which may not be of high priority for
the City Council. W. Robert Clark, President of the Redlands Conservancy;
David Raff, President of the Redlands Community Music Association; and John
Terry, member of the Redlands Conservancy, informed Councilmembers they
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are very close to starting the renovation of Mission Gables (168 South Eureka
Street) and asked them to keep their project at the front of the priority list.
Councilmember Haws expressed delight staff was so busy as it showed the City
was moving in a positive direction and asked staff what was needed for a long
term fix and if more staff was needed, it should be brought to the attention of
the City Council. Councilmember Freedman felt staff knew which projects were
important. Councilmember Peppler suggested preparing annual plans setting our
goals.
Contract - Environmental Services - Majestic Realty - Councilmember
Gilbreath moved to authorize staff to enter into a contract with a consultant for
environmental services related to the review and comment of the Environmental
Impact Report currently submitted to the City by the County of San Bernardino
relative to the Majestic Realty project and to authorize an appropriation of funds
in the amount of $10,000.00. Motion seconded by Councilmember Freedman
and carried unanimously.
CLOSED SESSION REPORT
City Manager Search- Councilmember Haws reported the City Council met this
afternoon with DMG-Maximus who is assisting in the search for a new City
Manager; 61 applications were received and the quality of candidates is
excellent. The City Council will continue with the process.
PUBLIC COMMENTS
School Board Candidate - Donna West, who is one of 12 candidates on the
November ballot running to fill the vacant seat on the Redlands Unified School
District Board of Education, addressed the City Council describing her goals as
a candidate.
ADJOURNMENT
There being no further business, the City Council meeting adjourned at
8:30 P.M. to an adjourned regular meeting to be held at 1:00 P.M. on October 3,
2000, in the City Council Chambers, 35 Cajon Street, Redlands, California.
The next regular meeting will be held on October 3, 2000, at 3:00 P.M.
City Clerk
September 19,2000
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