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HomeMy WebLinkAbout121900cc_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on December 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 John Davidson, City Manager Daniel J. McHugh, City Attorney Lorrie Poyzer, City Clerk Beatrice Sanchez, Deputy City Clerk (evening session) Michael Reynolds, City Treasurer Jim Bueermann, Police Chief (afternoon session) Cletus Hyman, Deputy Police Chief (evening session) John Habant, Deputy Fire Chief Bonnie Johnson, Finance Director Ronald C. Mutter, Public Works Director Douglas Headrick, Chief of Water Resources Jeffrey L. Shaw, Community Development Director ABSENT None The meeting was opened with an invocation by Councilmember Haws followed by the pledge of allegiance. PRESENTATION Dr. and Mrs. Larry E. Burgess - Mayor Gilbreath gave Dr. Larry E. and Char Burgess gifts as tokens of appreciation for their service "beyond the call of duty" to the City of Redlands: Dr. Burgess for his eight month stint acting as Interim City Manager in addition to his regular duties as Director of the A. K. Smiley Public Library and Mrs. Burgess for her support during this period of time. Dr. Burgess expressed his appreciation for the support he received from the City Council, members of the management team for the noble experience in teaming, and his wife. CONSENT CALENDAR December 19,2000 Page 1 Minutes - On motion of Councilmember George, seconded by Councilmember Haws, the minutes of the regular meeting of December 5, 2000, were approved as submitted. December 1.9,2000 Page 2 Bills and Salaries - On motion of Councilmember George, seconded by Councilmember Haws,payment of bills and salaries was acknowledged. Planning Commission Actions - On motion of Councilmember George, seconded by Councilmember Haws, the report of the Planning Commission meeting held on December 12, 2000, was acknowledged as received. Ordinance No. 2459 - Side Yard Setbacks - Ordinance No. 2459, an ordinance of the City of Redlands amending Chapter 18.144 of the Redlands Municipal Code by adopting Zoning Ordinance Text Amendment No. 273 relating to side yard setbacks within a planned residential development, was unanimously adopted on motion of Councilmember George, seconded by Councilmember Haws. Ordinance No. 2463 - Smoking Prohibition - Jordan Hall and Lesley Lopez thanked the City Council for supporting an ordinance prohibiting smoking before, after, and during performances at the Redlands Bowl and Prospect Park Theater. Ordinance No. 2463, an ordinance of the City of Redlands adding Chapter 12.34 to the Redlands Municipal Code prohibiting smoking at the Redlands Bowl and the Avice Meeker Sewall Theater, was unanimously adopted on motion of Councilmember George, seconded by Councilmember Haws. Ordinance No. 2464 - Redevelopment Plan Amendment - Community Development Director Shaw distributed a memorandum responding to environmental concerns expressed in a letter submitted at the December 5, 2000, meeting by John K. Mirau, an attorney representing Redlands Joint Venture (Majestic Realty) and the United Donut Hole Owners Property Association (UDHOPA). Ordinance No. 2464, an ordinance of the City of Redlands approving and adopting the Third Amendment to the Redevelopment Plan, as amended, for the Redlands Redevelopment Project of the Redevelopment Agency of the City of Redlands, was unanimously adopted on motion of Councilmember Gilbreath, seconded by Councilmember George. Appointment - Library Board - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously reappointed William T. Hardy, Jr. to the Library Board of Trustees to serve another three year term to January 1, 2004. Resolution No. 5821 - Wabash Avenue Improvement Project - Following brief discussion, on motion of Councilmember Freedman, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5821, a resolution of the City Council of the City of Redlands certifying that the City of Redlands has the resources to fund the Wabash Avenue Improvement Project submitted for inclusion in the FY 1.997/1.998 to 2002/2003 Surface Transportation Program and affirming its commitment to implement the December 19,2000 Page 3 project. The project proposes to improve Wabash Avenue from Fifth Avenue to Interstate Highway 10 with a 52-foot wide street within the 66-foot wide right- of-way. Resolution No. 5825 - Safe Drinking Water Fund - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5825, a resolution of the City Council of the City of Redlands authorizing submission of an application to the Safe Drinking Water State Revolving Fund and designating an authorized representative to sign documents pertaining to the loan application. Resolution No. 5826 - Code Enforcement Incentive Program - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5826, a resolution of the City Council of the City of Redlands authorizing the submittal of a grant application, the incurring of an obligation, the execution of a grant agreement and any amendments thereto, and any other documents necessary to secure a Code Enforcement Incentive Program grant from the State of California Department of Housing and Community Development. Resolution No. 5827 - Election Results - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5827, a resolution of the City Council of the City of Redlands reciting the fact of the special municipal election held on Tuesday, November 7, 2000, declaring the following results and such other matters as provided by law: Measure L: Shall Ordinance No. 2448, increasing the special tax for emergency paramedic services, be adopted? Yes 9,566 No 12,834 Resolution No. 5830 - Zero-Emission Vehicle Pro_gram - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously adopted Resolution No. 5830, a resolution of the City Council of the City of Redlands supporting the Zero-Emission Vehicle Program of the California Air Resources Board. Contract -Energygement S.. s e- On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized award of a contract for the purchase and installation of the interface into the existing energy management system to Honeywell, Inc. Home and Building Control and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Emergency Services Academy - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved authorization to accept a School to Career CBO mini-grant award of$7,500.00 December 19,2000 Page 4 from the San Bernardino County Superintendent of Schools for continuation of the City of Redlands' Emergency Services Academy for the 2000-20001 school year. Development Impact Fees - Annual Report - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously accepted the annual report of development impact fees for the year ended June 30, 2000, in accordance with California Government code Section 66006. Contract Award - Great Neighborhoods Street Improvements - Bids were opened and publicly declared on November 30, 2000, by the City Clerk for the construction of the Great Neighborhoods Street Improvements Project which will complete curb, gutter, sidewalk, driveway and street tree installations and resurface Webster Avenue, Alta Street, and Sixth Street in the area bounded by Lugonia Avenue on the north, Tribune Street on the east, Brockton Avenue on the south, and Orange Street on the west; a bid opening report is on file in the Office of the City Clerk. It was the recommendation of the Public Works Department that the responsible bidder submitting the bid for said project which will result in the lowest cost for the City was Cunningham-Davis Corporation, Calimesa, in the amount of$158,753.02, and it would be in the best interest of the City that this contract be awarded to said firm. On motion of Councilmember George, seconded by Councilmember Haws, this recommendation was unanimously approved and the Mayor and City Clerk were authorized to sign the contract on behalf of the City. Multi-Species Habitat Conservation Plan - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved a memorandum of understanding by and between the U. S. Fish and Wildlife Service, the California Department of Fish and Game, the County of San Bernardino, 15 affected cities in southwestern San Bernardino County, and additional participating agencies, and to approve the first amendment to the Memorandum of Understanding regarding the San Bernardino Valley Multi- Species Habitat Conservation Plan, and authorized the Mayor and City Clerk to sign the document on behalf of the City. Agreement- Community Senior Center- On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously authorized an independent contractor agreement with Estella Santacruz for the purpose of conducting computer classes for seniors at the Community Senior Center and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. MOU - RASME - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously ratified the new Memorandum of Understanding with the Redlands Association of Safety December 19,2000 Page 5 Management Employees and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Contract Amendment - City Attorney - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved the fifth amendment to the employment agreement with Daniel J. McHugh, City Attorney, and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Contract Amendment - City Manager - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved the first amendment to the employment agreement with John Davidson, City Manager, and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. Funds - Lease-Purchase - Police Vehicle - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved a lease-purchase agreement with Ford Motor Credit Company for one Ford Crown Victoria police vehicle and authorized an additional appropriation in the amount of $8,617.80 for the first payment on the three-year lease- purchase agreement and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. East Valley Community Justice Center Project - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved a formal expression of support of the East Valley Community Justice Center as proposed by the Redlands Police Department and authorized the Chief of Police to coordinate the preliminary planning of the project with various City staff and elicit support and funding for the project. Agreement - Wastewater Treatment Plant - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved Task Order No. 4 of the master services agreement with Carollo Engineers to provide engineering services for nitrogen removal, planning and permit compliance support and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. MOU - RPOA - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously ratified the Memorandum of Understanding with the Redlands Police Officers' Association and authorized the Mayor and City Clerk to sign the agreement on behalf of the City. PLANNING AND COMMUNITY DEVELOPMENT RDA 99-IV-1 - Standard Pacific Homes - On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously December 19,2000 Page 6 approved the transfer of Residential Development Allocations (RDA) for 50 percent of Tract No. 15937/Conditional Use Permit No. 686 for RDA 99-IV-1 from Curtis Development to Standard Pacific Homes. On motion of Councilmember George, seconded by Councilmember Haws, the City Council unanimously approved the recommendation of the Planning Commission for this project and approved the proposed modifications in architecture design and floor plans for Lots 1-40 and Lots 119-156 as these modifications maintain the same number of points (8) under the architecture category as previously awarded. RDA 2000-IV-1 - Pacific Communities LLC - Community Development Director Shaw reviewed the recommendations of the Planning Commission, the Historic and Scenic Preservation Commission, City departments, and the Redlands Unified School District on the points to be award for Residential Development Allocation No. 2000-IV-1 for an 84 unit apartment complex on approximately 8.8 acres located on the southwest corner of Nevada Street and Orange Avenue in the Multiple Family Residential-3000 District of the East Valley Corridor Specific Plan (Pacific Communities, applicant). The project falls 11 points short of the minimum 90 points required. Councilmembers discussed the point system at length. Mark Gardner, the applicant, addressed the points assigned under sewer, streets, and historical. Following lengthy discussion with the applicant, Councilmember Gilbreath moved to adjust the points awarded as follows: sewer: 5, streets: 0, historical: 0 for a total of 91, and to approve Residential Development Allocation No. 2000-IV-1. Motion seconded by Councilmember Peppler and carried with Councilmembers George and Freedman voting NO. Minor Subdivision No. 236 - Terrance Emershy - Community Development Director Shaw explained that one November 7, 2000, Mr. Emershy gave a presentation to the City Council regarding his property within San Timoteo Canyon. Mr. Emershy had provided a booklet to the City Council which provided detailed information on the background and his parcel map approval process, and identified those changes he would like to pursue relative to his map. The City Council requested that staff provide a report to the City Council on how to proceed. Staff met with Mr. Emershy on November 16, 2000, and discussed the proposed revisions. Based on the modifications requested, staff informed Mr. Emershy that the way to proceed was to process a revised parcel map. Mr. Emershy disagrees with staff s conclusions and would like to obtain approval of a final map without processing a revised tentative map. Community Development Director Shaw identified certain on-site and off-site street improvements to provide adequate access to the parcels being created are essential. He also reviewed other issues that need to be evaluated with the processing of a revised map which include lot configuration, road alignment and grade, grading and erosion control, fire protection, area wide traffic circulation needs, and adequate vehicular access. Mr. Emershy read a four-page statement urging the City Council to grant his map final approval. A lengthy discussion December 19,2000 Page 7 ensued regarding Lisa Marie Lane which is a non-conforming road leading to and traversing on his property. By consensus, Mr. Emershy was advised to fulfill the City's requirements if he wanted final approval of his map with Councilmember Haws suggesting he contact an attorney. In regards to Lisa Marie Lane, staff was asked to bring back a report of its history and the pros and cons of possibly vacating this non-conforming street which was dedicated to the City several years ago. COMMUNICATIONS Policy Guidelines - Land Secured Financing - City Attorney McHugh reported William Bothwell, Herrington & Sutcliffe, had been present at the December 5 and December 1.2, 2000, meetings to provide the City Council with an introduction to land secured financing and a set of fiscal guidelines for Mello- Roos Community Facilities Districts. This matter was initially brought to the City's attention by a developer, Spring Pacific Properties, who would like to use land secured financing for the construction of certain infrastructure improvements. City Attorney McHugh presented policy guidelines for land secured financing prepared by Mr. Bothwell who was unable to attend this meeting. Councilmember Gilbreath moved to adopt these guidelines. Motion seconded by Councilmember Peppler and carried unanimously. Urban Water Management Plan - Chief of Water Resources Headrick gave a PowerPoint presentation of the Urban Water Management Plan which addresses quantifiable measures for residential, commercial, and industrial water management and described and evaluates reasonable and practicable efficient uses along with reclamation and conservation activities. State Park - Crafton Hills/Wildwood Canyon - Mr. Frank Sissons, Yucaipa Valley Conservancy, reported on the progress of the Wildwood Canyon State Park and asked the City Council for a letter of support. Appointment - Mobile Home Rent Review Board - Mayor Gilbreath moved to nominate Stan Wright to a unlimited term on the Mobile Home Rent Review Board. Motion seconded by Councilmember George and carried unanimously. Appointment - Airport Advisory Board - Mayor Gilbreath moved to nominate John E. James to fill the unexpired term of James Thorp to May 1, 2002, on the Airport Advisory Board. Motion seconded by Councilmember George and carried unanimously. Appointments - Public Works Commission - Mayor Gilbreath moved to nominate David V. Garcia to a four-year term to November 16, 2004, and to reappoint Mark Stanson and Fred Week to another four-year term each on the Public Works Commission. Motion seconded by Councilmember George and carried unanimously. December 19,2000 Page 8 Resolution No. 5831 - Project Priority Listing - Councilmember Peppler reviewed the December 12, 2000, City Council study session where it received testimony from its citizens and City staff regarding development projects to address community-wide needs in the business-development, recreational, public safety, and City-infrastructure fields for the benefit of its citizens and to enhance the overall quality of life in Redlands. Several of these development projects may be eligible for various types of federal, state and local fundings through grants and otherwise, and by adoption of this resolution, it is the City Council's intent to inform our Congressional representatives, state and local official and public officers of their order of priority. On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5831, a resolution of the City Council of the City of Redlands establishing a priority listing of City development projects for purposes of federal, state and local funding as follows: A. The downtown Redlands parking enhancement project commonly referred to locally as "Park Once" which consists of the design and construction of two parking structures and related parking facilities; B. The East Valley Community Justice Center project which will include a new, consolidated policy facility for Redlands, possible location of certain court facilities, civic center administration and public safety offices and possible retail facilities; C. The funding and construction of the Northside Community Library pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation.Bond Act of 2000; D. An aquatic center which contemplates the construction of a swimming pool north of the Interstate 10 Freeway in Redlands, near the City's Community Center, to serve the citizens of Redlands; and E. Reconstruction and rehabilitation of the exterior facade elements, roof and interior structural elements of the A. K. Smiley Public Library resulting from the natural aging process of a historic structure and the postponement of deferred maintenance because of past economic constraints through the solicitation of public and private funding sources for historic structures. Councilmember Freedman thanked Councilmembers Peppler and George for their work on the project. East Valley Regional Community Analysis Center - Police Chief Bueermann announced he had just received word that Congress has approved a $500,000.00 allocation requested by Congressman Jerry Lewis for a high-tech crime data analysis program at the East Valley Regional Community Analysis Center being created by the Redlands Police Department. JOINT MEETING- CITY COUNCIL AND REDEVELOPMENT AGENCY Resolution No. 5829 - Neighborhood Initiative Prog am - Councilmember Gilbreath moved to adopt Resolution No. 5829, a resolution of the City Council December 19,2000 Page 9 of the City of Redlands authorizing the use of low- and moderate-income housing funds outside the Redlands Project Area for the Neighborhood Initiative Program to implement an additional two participant agreements which will be acted upon by the Board of Directors of the Redevelopment Agency. Motion seconded by Councilmember Freedman and carried unanimously. (Also see Redevelopment Agency minutes for December 19, 2000.) CLOSED SESSION The City Council meeting recessed at 5:07 P.M. to continue the Redevelopment Agency meeting and reconvened at 5:09 P.M. to a closed session to discuss the following: 1. Conference with labor negotiator- Government Code Section 54957.6 - Agency negotiator: Renee Mayne, Labor Management Success Employee organizations: Redlands Association of Mid-Management Employees and Redlands Professional Fire Fighters Association 2. Conference with real property negotiator Government Code Section 54956.8 Property: 1329 Barton Road (APN 171-481-02) Negotiating parties: Deborah L. Craney and Dr. Bruce L. Taber Under negotiation: Terms and price 3. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - City of Redlands v. County of San Bernardino - SCV 293198 - City of Redlands v. Majestic Realty- SCV 38504 Noting that the need to take action was immediate, Councilmember Freedman moved to add the following closed session item to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Haws and carried unanimously. 1. Conference with legal counsel: Existing litigation - Government Code Section 54956.9(a) - LeBlanc v. City of Redlands SCVSS 59289 The meeting reconvened at 7:00 P.M. PRESENTATION Medals of Valor- On December 4,2000, at 8:00 A.M. there was a horrific crash on the 1-1.0 Freeway at Ford Street. A semi-truck ended up hanging on the overpass with the cab surrounded by burning diesel fuel. Fire Chief Enslow explained the passenger in the truck jumped from the cab breaking both legs and the driver was still in the cab. Two men on their way to Palm Springs to install a sign had broken down and were stalled on Ford Street below the scene of the accident. Using their ladders, they were able to assist the driver down from the burning truck. On his way to work in Fontana, Chad Roghair, M.D. stopped at the accident and rendered medical assistance. Without regard to their personal safety, these three men undoubtedly saved the life of the truck driver and his passenger. A PowerPoint presentation was shown as Fire Chief Enslow December 19,2000 Page 10 described the scene. Mayor Gilbreath and Fire Chief Enslow presented certificates and medals of valor to these heroes: Mike Lopez and Mike Cook and Dr. Roghair. LATE BREAKING ITEM Land Donation - Mayor Pro Tem George was pleased to announce he has been made aware that the City is about to receive a gift which consists of a donation of a substantial amount of real property from Smiley Heights Canyon Properties, LLC. Mr. George expressed his appreciation for this wonderful gesture as it will qualify for the match needed for the EPA grant. In order to properly acknowledge this gift and authorize the Mayor and City staff to take all necessary actions to accept the gift, he asked Councilmembers to consider adding this item to the agenda. Councilmember Haws moved to add this item to the agenda which arose subsequent to the agenda being posted. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember George moved to gratefully acknowledge and accept this donation. Motion seconded by Councilmember Freedman and carried unanimously. PUBLIC HEARINGS Conditional Use Permit No. 278 - ESRI Inc. - Public hearing was advertised for this time and place to consider a Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 278 (Revision No. 5) for the revision to an approved 9,410 square foot cafeteria to increase the size by 1,240 square feet for an overall size of 10,650 square feet at the existing office complex located at 380 New York Street in the M-1 (Light Industrial) District (ESRI, Inc., applicant). Community Development Director Shaw described the revision to the project noting it has a 4.25 positive cost benefit ratio. 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 Freedman moved to approve the Socio-Economic Cost/Benefit Study for Conditional Use Permit No. 278 (Revision No. 5) 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 Freedman moved to approve Conditional Use Permit No. 278 (Revision No. 5) subject to the conditions of approval and findings as contained in the staff report. Motion seconded by Councilmember Haws and carried unanimously. Planning Commission Review and Approval No. 717 - Redlands Aviation - Public hearing was advertised for this time and place to consider a Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 717 for the construction of three hangars at the East Terminal of Redlands Municipal Airport in the A-D December 19,2000 Page 11 (Airport) District with the following areas: 20,000 square feet, 33,600 square feet and 16,000 square feet (Redlands Aviation, applicant). Community Development Director Shaw described the project. In response to Councilmember Haws' question, Public Works Director Mutter stated there is no relationship between this public hearing matter and the issue of a landlocked parcel which was brought to our attention at a previous meeting. 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 Mitigated Negative Declaration for Planning Commission Review and Approval No. 717 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 Peppler moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 717 as the project will not create immitigable physical blight or over-burden public services in the community, and no additional information or evaluation is needed, and it is not a growth inducing development and will not have a negative impact on the City's social services. Motion seconded by Councilmember George and carried unanimously. Councilmember Peppler moved to approve Planning Commission Review and Approval No. 717 subject to the conditions of approval, all departmental recommendations, and findings as contained in the staff report. Motion seconded by Councilmember George and carried unanimously. Tentative Tract No. 16139 - Michael Novak-Public hearing was advertised for this time and place to consider Draft Mitigated Negative Declaration and Socio- Economic Cost/Benefit Study for Tentative Tract No. 16139 for the subdivision of 7.2 acres into 21 residential lots located north of Cypress Avenue, east of Heather Lane, and west of Linda Vista Avenue in the R-S (Suburban Residential - 1.0,000 square foot lots) District (Michael Novak, applicant). Community Development Director Shaw described the project and noted the project has a 2.11 positive cost benefit ratio. Responding to Councilmember Freedman, Public Works Director Mutter explained the traffic calming methods to be implemented on Cypress Avenue. Community Development Director Shaw responded to Councilmember Haws' questions noting the applicant still needs to apply for Residential Development Allocations. We have issued less than 200 building permits to date for the year 2000. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. Neighbors expressing concerns about traffic, "the bump" on Cypress Avenue, sewer, drainage, density, and the small lots were: Stuart Lindenberger, Jane Hawkins, Rosemary Rendell-Baker, Steven A. Becker, Violet H. Perry, Edward S. Perry, Richard Catalavo, Louis L. Smith, John Coleman, Ed Riguis, Chris Sedmack, Marti Hardesty, Tom Slamal, and Kay Wood. Ed and Kathy Samperio asked December 19,2000 Page 12 why a four-way stop was being installed at Lakeside and Cypress Avenues. A letter was submitted from Marilyn Showler. The applicant, Mike Novak, addressed the City Council urging approval of his subdivision as he felt it did fit in with the neighborhood; that its density complies with the General Plan and noting that he could have put in 31 lots rather than the 21 proposed; assured the neighbors and Councilmembers he would mitigate any drainage problems; offered the residents on Bellevue the opportunity to join in with his contractor to hook up to the new sewer line; and offered to fund a professional traffic study. Councilmembers expressed the desire to continue this matter for further study and solutions to the concerns expressed by the neighbors and suggesting the developer meet further with the neighbors and staff. The applicant agreed to a continuance. Councilmember Gilbreath moved to continue this matter to January 16, 2001. Motion seconded by Councilmember Haws and carried unanimously. Conditional Use Permit No. 686 - Standard Pacific Homes - Public hearing was advertised for this time and place to consider Conditional Use Permit No. 686 (Revision 1) to reduce side yard setbacks, in accordance with Ordinance No. 2459, and revised floor plans for units within this approved single family development located on the east side of Dearborn Street (extended north) between Lugonia and San Bernardino Avenues in the R-E (Residential Estate) District (Standard Pacific Homes, applicant). Community Development Director Shaw described the revision to 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 George moved to determine that no subsequent environmental documents are necessary for the approval of Conditional Use Permit No. 686 (Revision 1) which is consistent with the previous Mitigated Negative Declaration prepared for Conditional Use Permit No. 686 and Tract No. 15937, approved by the City Council on September 7, 1999, based on the findings contained in the staff report. Motion seconded by Councilmember Haws and carried unanimously. Councilmember George moved to approve Conditional Use Permit No. 686 (Revision 1) subject to the conditions of approval, all departmental recommendations, and findings as contained in the staff report. Motion seconded by Councilmember Haws and carried unanimously. CRA No. 723 - Spring Pacific Properties - Public hearing was advertised for this time and place to consider a Draft Mitigated Negative Declaration and Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 723 for the construction of a 579,540 square foot warehouse building on approximately 28.40 acres located on the north side of San Bernardino Avenue, approximately 2,000 feet east of Mountain View Avenue in Concept Plan No. 2 of the East Valley Corridor Specific Plan (Spring Pacific Properties, applicant). Community Development Director Shaw described the project in detail. He also noted a letter was submitted from James Tabb, Latham and Watkins, representing Redlands Joint Venture and the United Donut Hole December 19,2000 Page 13 Owners Property Association (UDHOPA), during the public hearing portion of the Planning Commission meeting held on December 12, 2000, objecting to the approval of CRA No. 723. In his letter, Mr. Tabb argued there are impacts to the environment that should be more closely investigated prior to approval. Neither Redlands Joint Venture or UDHOPA questioned or contested the City's approval of the East Valley Corridor Specific Plan, Concept Plan No. 2 or their respective environmental documents. Community Development Director Shaw then reviewed each item of concern listed in his letter and staff s responses. Mayor Gilbreath declared the meeting open as a public hearing for any questions or comments. On behalf of his clients, Mr. Tabb again objected to the environmental review and socio-economic cost/benefit study and submitted a letter listing concerns with background materials consisting of 388 pages. Peter Lewandowski, Principal of Environmental Impact Sciences, addressed what he considered as the inadequacy of the environmental review. Representing the applicant, Pat Meyer addressed the City Council saying it was unfortunate he had to stand before the City Council and defend an outstanding project which will house Hershey's, and he was proud to present it for approval. The public hearing was declared closed. City Attorney McHugh reviewed the history of the East Valley Corridor Specific Plan and its 1989 Environmental Impact Report. He stated no new information has been received and it is not required to do an Environmental. Impact Report over again. The City Council recessed at 9:25 P.M. to allow staff to review the materials submitted at this meeting; the meeting reconvened at 9:35 P.M. Community Development Director Shaw and Chief of Water Resources Headrick responded to the objections raised. City Attorney McHugh reiterated no substantial new findings have been presented. Councilmember Haws moved to determine that, in accordance with State CEQA law, no subsequent environmental documents appear necessary for the City Council's consideration of Planning Commission Review and Approval No. 723 because CEQA discourages the preparation of subsequent environmental documents for projects for which an FIR and negative declaration have already been prepared, and the environmental effects of Planning Commission Review and Approval No. 723 were fully analyzed under the Program Environmental Impact Report prepared for the East Valley Corridor Specific Plan and the previous Mitigated Negative Declaration prepared by Concept Plan No. 2 based on the findings contained in the staff report. Motion seconded by Councilmember Freedman and carried unanimously. Notwithstanding the foregoing findings that, under CEQA, no new environmental documents might be necessary for Planning Commission Review and Approval No. 723, in accordance with the spirit of CEQA for full disclosure and analyses of possible environmental effects and, with the consent of the project applicant, Councilmember Haws moved to approve the Mitigated Negative Declaration for Planning Commission Review and Approval No. 723 based on the finding that the project will not have a significant effect on the environment, determining this project will not individually or cumulatively December 19,2000 Page 14 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. Councilmember Haws moved to approve the Socio-Economic Cost/Benefit Study for Planning Commission Review and Approval No. 723 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. 723 subject to the conditions of approval; all departments recommendations; the incorporation, as a basis for this approval, all written and oral testimony provided by staff and the public, and the findings as contained in the staff report. Motion seconded by Councilmember Freedman and carried unanimously. Resolution No. 5803 - Street Vacation - In conjunction with the application for Planning Commission Review and Approval No. 723, Councilmember Haws moved to adopt Resolution No. 5803, a resolution of the City Council of the City of Redlands declaring its intention to vacate portions of Bryn Mawr Avenue and Guido Avenue in Concept Plan No. 2 of the East Valley Corridor Specific Plan, and setting the public hearing for this street vacation for January 16, 2001, at 7:00 P.M. Motion seconded by Councilmember Freedman and carried unanimously. Ordinance No. 2462 - Subdivision Identification Suns - Public hearing was advertised for this time and place to consider a Negative Declaration for Ordinance No. 2462, Ordinance Text Amendment No. 272, an amendment to Section 15.36.305 of the Redlands Sign Code to allow the use of subdivision identification signs for single family residential subdivisions containing more than 50 units. Community Development Director Shaw explained the purpose of this sign code amendment. 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 Zoning Ordinance Text amendment No. 272 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 Haws and carried unanimously. Ordinance No. 2462, an ordinance of the City of Redlands amending Chapter 15.36 of the Redlands Municipal Code by adopting Zoning Ordinance Text Amendment No. 272 relating to subdivision identification signs, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Haws, further reading of the ordinance text was waived, and December 19,2000 Page 15 Ordinance No. 2462 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for January 16, 2001. Resolution No. 5596 - Annexation No. 76D -Mountainview Power CompanX- Community Development Director Shaw explained the City Council initiated annexation of the Mountainview Power plant located on the northeast corner of Mountain View and San Bernardino Avenues in 1998. City Attorney McHugh reported that LAFCO has approved the City's request for annexation of the Mountainview Power plant property and the next step in the process is for the City Council to conduct the "Conducting Authority" protest hearing for the property owners. In the City's usual course of business, this protest hearing would be scheduled for the January 16, 2001, City Council meeting to ensure that the appropriate legal notices are given. We have received correspondence from Mountainview Power Company asking that the protest hearing be held at this meeting as they feel it is very important to complete its annexation as soon as possible in order to commence California Energy Commission proceedings. In discussions with their attorney, City Attorney McHugh informed them that the only way he could recommend the protest hearing be heard at this meeting would be for the affected property owners to waive the required statutory notice, and for Mountainview Power to agree to defend, indemnify and hold harmless the City Council, the City Clerk and other City officials against any claim for damages which might be pursued against the City based on the allegation that the protest hearing proceeded without appropriate notice. Mountainview Power has agreed to do this. Both the City Attorney and the attorneys for Mountainview Power believe there is little legal risk, if any, that any harm could come from holding the protest hearing at this time. Written waivers have been received from the property owners. As a courtesy to Mountainview Power, the City Clerk's Office, the Community Development Department, and the City Manager have worked very hard to prepare staff reports and the appropriate resolution to place this on this agenda. The City Attorney also worked with Mountainview Power on the terms of a defense and indemnity agreement. Community Development Director Shaw then explained the background of this application and the process for the protest hearing. Mayor Gilbreath declared the meeting open as a public hearing. There being no comments, the public hearing was declared closed. Councilmember George moved to adopt Resolution No. 5596, a resolution of the City Council of the City of Redlands ordering territory annexed to the City of Redlands described as an 82 acre parcel located at the northeast corner of Mountain View Avenue and San Bernardino Avenue (LAFCO No. 2839D, Annexation No. 76D, Mountainview Power Company, applicant). Motion seconded by Councilmember Freedman and carried unanimously. UNFINISHED BUSINESS Funds - Trolley Project and Website - Mayor Pro Tem George reminded Councilmembers the City has been awarded grant funding for the acquisition December 19,2000 Page 16 and implementation of an alternative fuel trolley system for downtown Redlands. However, the grant funding does not provide for the ongoing operation of the project. Fortunately, the project meets the criteria to be funded with AB 2766 subvention allocations. These annual allocations, which must be used to reduce pollution in accordance with Air Quality Management District guidelines, are currently used by the City to fund the rideshare program as well as the City's website maintenance contract. Mr. George moved to reallocate AB 2766 subvention funds toward the operation of the Downtown Trolley Project and construction of a fueling station and authorized an additional appropriation for the continuation of the City's website. Motion seconded by Councilmember Freedman and carried unanimously. Councilmember George moved to instruct City staff, with the assistance of the City's alternative fuels' consultant, to proceed with an application for Mobile Source Reduction Committee matching funds to match the City of Redlands subvention dollars for construction of the fueling station with the understanding the grant application must be completed before the first of February, 2001. Motion seconded by Councilmember Haws and carried unanimously. Redlands Sports Complex - Public Works Director Mutter reported staff has been discussing the proposed Redlands Sports Complex with two firms that specialize in the development, operation and maintenance of recreational. facilities. The two firms are: For The Game, LLC from Escondido and Big League Dreams from Cathedral City. After a number of meetings with each firm, staff prepared a "Request for Proposal" and asked each firm to submit a formal proposal to the City. A proposal was submitted by each firm and was followed by a formal interview by the selection committee appointed by the City Council on September 5, 2000. Based on the information submitted by each firm through the proposal and interview, it is recommended that For The Game, LLC be selected as the firm to negotiate an agreement for the development, operation and maintenance of the sports complex. As part of the agreement process, staff recommends that an independent financial analysis be performed to validate the reasonableness of the financial analysis provided in the proposal submitted by For The Game, LLC. Addressing the City Council were Tex Moore who felt this was a premature action; Teddy Banta who felt we needed a sports park with a swimming pool but not a sports complex; Bill Cunningham who was concerned about the relationship of the sports parks and Standard Pacific's development and was troubled by the numbers presented by For The Game; and Bruce Laycook who was concerned about the potential delay of building soccer fields and suggested phasing the project. Councilmember Freedman read a memo he had prepared outlining his suggestions. Councilmember Haws said this was an evolving project and felt we should proceed with the financial analysis. Councilmember George said the City does not have the money to maintain and staff a sports complex and expressed appreciation to Councilmember Haws and Peppler for their efforts in Sacramento in obtaining the grant monies. Councilmember George moved to approve the "Request for Proposal" (RFP) prepared by staff for the financial December 19,2000 Page 17 analysis and directed staff to issued said RIP to selected financial consultants. Motion seconded by Councilmember Freedman and carried unanimously. Citrus Policy - Councilmember Haws presented and explained in detail a proposed City of Redlands' Citrus Policy which has been prepared following meetings with interested parties and the City's Citrus Commission. Member of the Citrus Commission, Mike Huffstutler, was present at this meeting. Councilmember Haws reviewed the general policy statement and specific policy statement contained in this document whose purpose is to identify the current ideology and policy of the people of Redlands with regard to the preservation and enhancement of citrus groves within the City. Councilmember Gilbreath noted some soils in Redlands are not good for citrus and hoped this policy would address citrus and/or open space presentation. Bill Cunningham, West Redlands Water Company, noted it was exceedingly important to preserve and assist the small pocket groves in Redlands. Councilmember George moved to adopt the City of Redlands Citrus Policy as presented. Motion seconded by Councilmember Haws and carried unanimously. NEW BUSINESS Ordinance No. 2465 - Redevelopment Advisory Commission - Ordinance No. 2465, an ordinance of the City of Redlands amending Chapter 2.42 of the Redlands Municipal Code relating to membership of the Redevelopment Advisory Commission and reflecting eligibility of residents to serve on this commission, was read by title only by City Clerk Poyzer, and on motion of Councilmember Gilbreath, seconded by Councilmember Peppler, further reading of the ordinance text was waived, and Ordinance No. 2465 was introduced with unanimous Council approval and laid over under the rules with adoption scheduled for January 1.6, 2001. PUBLIC COMMENTS Grading Problem - Richard and Diane Medina, 1.81.2 Kingsbury Drive, addressed the City Council asking for assistance with a grading problem caused by the Steven Walker Homes development which completely surrounds their property. This matter was referred to staff for a report. ADJOURNMENT Mayor Gilbreath thanked staff for a tremendous year and wished everyone happy holidays. There being no further business, the City Council meeting adjourned at 11:57 P.M. The next regular meeting scheduled for January 2, 2001, will not be held. The City Council will meet on January 16, 2001. December 19,2000 Page 18 City Clerk December 19,2000 Page 19