HomeMy WebLinkAbout120302-CC_CCv0001.pdf MINUTES of a regular meeting of the City Council of the City of Redlands held in the
Council Chambers, Civic Center, 35 Cajon Street, at 3:00 P.M. on December 3,
2002.
PRESENT Karl N. (Kasey) Haws, Mayor
Susan Peppler, Mayor Pro Tem
Pat Gilbreath, Councilmember
Gary George, Councilmember
Jon.Harrison, Councilmember
ABSENT None
STAFF John Davidson, 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
(afternoon session); Douglas Headrick, Water Resources Chief (evening
session); and Jeffrey L. Shaw, Community Development Director.
The meeting was opened with an invocation by Mayor Haws followed by the
pledge of allegiance.
PRESENTATION
Introduction - Wayne Stair, President of the Redlands Chamber of Commerce
introduced Ralph Megna, the new Economic Development Director.
Mr. Megna expressed his honor and pleasure to be in Redlands as he really
wanted this job and opportunity.
Mill Creek No. I Hydroelectric Plant - Southern California Edison Company's
Region Manager Beverly Powell invited Councilmembers and residents to visit
the permanent exhibit at the San Bernardino County Museum featuring the Mill
Creek No. I Hydroelectric Plant, the oldest operating generating plant. Built in
1893, it was the first three-phase, alternating-current generation station in the
world. A reception will be held today (December 3, 2002) at 6:00 P.M.
CONSENT CALENDAR
Minutes - On motion of Councilmember Gilbreath, seconded by Council-
member Peppler, the minutes of the regular meeting of November 19, 2002,
were approved as submitted.
Bills and Salaries - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler,payment of bills and salaries was acknowledged.
December 3,2002
Page 1
CFD-2001-1 Annual .Report - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously accepted
the annual report for Community Facilities District (CFD) 2001-1 as required
by SB 165.
Fee Waiver - Showmobile - Councilmember Harrison asked the City Manager
to write to the City of Highland asking them to show their use of Redlands
businesses to offset the fees they are requesting be waived for the use of our
Showmobile. He then moved to authorize a waiver of$550.00 in fees for the
City of Highland Historic and Cultural Preservation Board for the one day use
of the Showmobile providing that certain other requirements noted in the rental
contract are met for towing, set-up, a deposit, insurance coverage, and rental
period. Motion seconded by Councilmember Peppler and carried unanimously.
Fee Waiver - The Compassionate Friends - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, the City Council unanimously
approved the request by The Compassionate Friends for waiver of the $25.00
reservation fee for use of Smiley Park for a memorial ceremony on December 8,
2002, with the following conditions: The $200.00 cash clean-up deposit shall be
posted as required by the Public Works Department; any use of candles where
hot wax drips on the Lincoln Shrine walkways, steps, patios, etc., the wax shall.
be completely removed from all affected areas as required by the
Library/Lincoln Shrine; and participants may hold the candles during the
services if placed in the approved, stationary containers as required by the Fire
Department.
Funds - Agreement - Property Appraisal - Redlands Municipal Airport - On
motion of Councilmember Gilbreath, seconded by Councilmember Peppler, the
City Council unanimously appropriated $4,800.00 to the Special Aviation
Operating Fund and approved an agreement with Parkcenter Consultants, Inc.
dba Parkcenter Realty Advisors to conduct a property appraisal at the Redlands
Municipal Airport, and authorized the Mayor and City Clerk to execute the
document on behalf of the City.
Capital Items Purchase - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the City Council unanimously approved the purchase
of one new computer system and a new low-band radio repeater system as
included in the approved FY 2002-03 Public Works and Municipal Utilities
Departments'budgets.
Lien Agreement - On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the City Council unanimously authorized the release
of the lien agreement dated April 27, 1988, for improvements fronting 1550-
1594 North Orange Street and authorized the Mayor and City Clerk to execute
the document on behalf of the City.
December 3,2002
Page 2
Ordinance No. 2526 - Water and Wastewater Service Fees and Charges -
Ordinance No. 2526, an ordinance of the City of Redlands amending
Chapters 3.42, 3.52, and 3.62 of the Redlands Municipal Code relating to water
and wastewater service fees and charges, was unanimously adopted on motion
of Councilmember Gilbreath, seconded by Councilmember Peppler.
Ordinance No. 2527 - Sewer and Water Capital Improvement Charges -
Ordinance No. 2527, an ordinance of the City of Redlands amending
Chapters 3.44 and 3.48 of the Redlands Municipal Code relating to sewer and
water capital improvement charges, was unanimously adopted on motion of
Councilmember Gilbreath, seconded by Councilmember Peppler.
Agreement - California Street Landfill - On motion of Councilmember
Gilbreath, seconded by Councilmember Peppler, the City Council unanimously
approved an agreement with Vector Engineering, Inc. to furnish engineering
services for the expansion and operational support of the California Street
Landfill.
Contract - Recycled Water Project - On motion of Councilmember Gilbreath,
seconded by Councilmember Peppler, the City Council unanimously approved a
Southern California Integrated Watershed Program Grant Funding Contract
Amendment No. 1 with the Santa Ana Watershed Project Authority and
authorized the Mayor and City Clerk to execute the document on behalf of the
City. This grant provides $5 million in funding for the Recycled Water Project.
Ordinance No. 2528 - Airport Security - Ordinance No. 2528, an ordinance of
the City of Redlands amending Chapter 12.56 of the Redlands Municipal Code
to establish policies and procedures regarding security at the Redlands
Municipal Airport, was unanimously adopted on motion of Councilmember
Gilbreath, seconded by Councilmember Peppler.
Lease Agreement - Trinity Community Foundation - The request for approval
of a lease agreement with Trinity Community Foundation for property located
at 1006 Oxford Street for an after-school program was continued until later in
the meeting to allow time to bring a copy of the document into the meeting for
Councilmember Harrison to review. Following his review, Councilmember
Haws moved to approve the lease agreement and authorized the .Mayor and City
Clerk to execute the document on behalf of the City. Motion seconded by
Councilmember Peppler and carried unanimously.
Contract Award - Texonia Park Renovation Project - Bids were opened and
publicly declared on October 31, 2002, by the City Clerk for the Texoma Park
Renovation Project; a bid opening report is on file in the Office of the City
Clerk. It was the recommendation of the Recreation Division of the Police
Department and approved by the San Bernardino County Department of
Economic and Community Development for the CDBG project that the
December 3,2002
Page 3
responsible bidder submitting the bid for said project which will result in the
lowest cost for the City was Cora Constructors in the amount of$115,000.00,
and it would be in the best interest of the City that this contract be awarded to
said firm. On motion of Councilmember Gilbreath, seconded by
Councilmember Peppler, the City Council unanimously approved this
recommendation.
PLANNING AND COMMUNITY DEVELOPMENT
CUP 716 - Time Extension - Community Development Director Shaw
presented a request continued from November 19, 2002, for a one year time
extension for Conditional Use Permit No. 716 to construct a 39,025 square foot
three-story hotel containing 61 rooms on 3.25 acres located along the south side
of the Interstate 10 Freeway, west of Tennessee Street, in the General
Commercial District of the East Valley Corridor Specific Plan (Megan B. Patel,
applicant). Community Development Director Shaw reviewed the proposed
project and addressed concerns which have been raised over the potential
impact this project could have upon development of a hotel within the
downtown. On behalf of the applicant, Hitesh Bhakia addressed the City
Council and answered their questions at length. Jeff Rubin, Choice Hotels, and
Chuck Marsh, developer of Tri-City Center, also addressed the City Council.
Following a lengthy discussion, Councilmembers asked the applicant if they
would be willing to continue this request for another two weeks to allow
Economic Development Director Ralph Megna the opportunity to bring in his
thoughts. As this was acceptable, Councilmember Haws moved to continue this
request for two weeks (December 17, 2002). Motion seconded by
Councilmember George and carried unanimously.
COMMUNICATIONS
Planning Code - Councilmember Harrison proposed the formation of a sub-
committee of the City Council and the Planning Commission (i.e., two persons
from each body) to work with the Community Development Department and the
City Attorney to assess the underlying issue of the outdated provisions of
Zoning Code (Title 18 of the Redlands Municipal Code) and recommend
priorities for code modifications or other actions to resolve recent questions
regarding permitted land use, development regulations, and land use policies for
different locations throughout the City. These recommendations would then be
brought before the Planning Commission and City Council for consideration
and formal action. Councilmember Harrison volunteered to serve on this sub-
committee. By consensus, Councilmember Harrison was authorized to move
forward with this proposal and formalize the sub-committee after its
membership has been determined.
Fee Waiver Request - Citrone Restaurant - Michael C. Phillips, Citrone
Restaurant & Bar, has requested the City Council to consider waiving
December 3,2002
Page 4
development fees and contributing additional funds to the redevelopment of the
property located at One East State Street. Noting this building was the
"gateway" to State Street and Mr. Phillips has proven to be an asset to the
community in his past endeavors, the City Council, by consensus, referred this
request to staff for study and a report to the :Redevelopment Agency's Board of
Directors.
Street Tree Trimming Projects - Mayor Pro Tem Peppler reported the City
Attorney has written a letter and notified Southern California Edison (SCE) of
our existing regulations regarding street tree trimming permits and informed
them they are required to comply with our Code; no response has been received
to date. City Attorney McHugh informed Councilmembers an attorney for SCE
has the letter and response is expected. Public Works Director Mutter said the
new City Forester will be on board December 16, 2002, and will be assigned the
duty of clarifying our procedures. Councilmember George suggested we ask
SCE to assist in working with the State Public Utilities Commission to allow
use of the undergrounding funds for other more economic solutions such as
alley arms.
JOINT MEETING-CITY COUNCIL AND REDEVELOPMENT AGENCY
Resolution No. 6108 - First Time Home Buyer Program - Councilmember
George moved to adopt Resolution No. 6108, a resolution of the City Council of
the City of Redlands authorizing the use of low- and moderate-income housing
funds outside the Redlands Project Area for a First Time Home Buyer loan.
agreement which will be acted upon by the Board of Directors of the
Redevelopment Agency. Motion seconded by Councilmember Peppler and
carried unanimously. (Also see Redevelopment Agency minutes for
December 3, 2002.)
CLOSED SESSION
The City Council meeting recessed at 4:44 P.M. to continue the Redevelopment
Agency meeting and reconvened at 4:45 P.M. to a closed session held in
accordance with Government Code Section 54956.8 to hold a conference with
its real property negotiator further described as follows:
Property: APN Nos. 292-1.72-03, 292-172-05 and 292-1.66-09
Negotiating parties: John Davidson and Theron and Geneil Vines
Under negotiation: Terms and price
The meeting reconvened at 7:00 P.M.
ANNOUNCEMENTS/REPORTS
Councilmembers reported on their activities and attendance at meetings during
the past two weeks.
December 3,2002
Page 5
LAND USE AND PUBLIC HEARINGS
Buoye Properties - Consideration of a draft mitigated negative declaration and
public hearings for Socio-Economic Analysis and Cost/Benefit Study was
continued to this meeting for: Variance No. 640, a variance from Section
18.168.220A of the Redlands Municipal Code to reduce the required 25-foot
landscaped setback from the freeway right-of-way to seven feet on the south
side of Colton Avenue, west of Eureka Street (APN 1.69-142-07) in the C-4
(Highway Commercial) District; Planning Commission Review and Approval
No. 743 for the construction of two auto repair buildings with a floor area of
5,741 square feet each located on two lots with areas of 20,567 and 20,703
square feet respectively on the south side of Colton Avenue, west of Eureka
Street (APN 169-142-07) in the C-4 (Highway Commercial) District; Minor
Subdivision No. 262, the subdivision of 1.56 acres into three commercial lots on
the south side of Colton Avenue, west of Eureka Street (APN 169-142-07) in
the C-4 (Highway Commercial) District. Community Development Director
Shaw reported this project was continued from the October 15, 2002, and
November 19, 2002, City Council meetings for the applicant to consider
different land uses for the property. At the November 19th meeting, the
applicant reported he had met with members of the City Council and members
of the north side. As a result of those discussions, he revised the architectural
elevations. The architectural elevations were reviewed and found acceptable by
the north side representatives and were presented at the City Council meeting.
Mr. Buoye also stated he would work hard to find non-automotive tenants for
the building. In response to some of the Councilmembers' discussion on their
ability to regulate the use of the property, Community Development Director
Shaw said that if they wished to modify the types of uses allowed in a particular
area, it would be required to change the underlying zone. Many years ago, a
prior City Council had concerns about the types of land uses on Colton Avenue
and directed staff to develop an alternative zone for this area. Staff, in concert
with the neighborhood, created the APC zone which allows office uses and
certain limited retail commercial uses (a hybrid of Office and Neighborhood
Commercial). This zone change was never adopted by the City Council as a
result of concerns raised by the property owners that the new zone was too
restrictive. At the last City Council meeting, Councilmember Harrison included
both sides of Colton Avenue within the boundaries to be evaluated as apart of
the Revised Downtown Specific Plan. The outcome of the planning study for
the Revised Downtown Specific Plan may result in a new zone district for this
area. The new zone district could prohibit or conditionally permit automotive
uses.
Mayor Haws declared the meeting open as a public hearing. Mark Buoye
reported he had met with the new Economic Development Director and the
northside groups again. Rosa G6mez read a letter from Ediberto Flores,
Northside Impact Committee. Representing the Northside Advisory
December 3,2002
Page 6
Committee, Ms. G6mez commended Messrs. Buoye and Brandstetter for their
efforts and indicated they will be holding monthly meetings to assist in finding
a viable tenant for the building. Mr. Flores and Ms. G6mez also shared their
thoughts and vision for the future along Colton Avenue. Mr. Buoye indicated
he was willing to include a condition addressing the concerns about an.
automotive repair or retail use. There being no further comments, the public
hearing was closed.
Mitigated Negative Declaration - Councilmember Gilbreath moved to
approve the Environmental Review Committee's mitigated negative
declaration for Minor Subdivision No. 262, Planning Commission Review
and Approval No. 743, and Variance No. 640 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
Harrison and carried unanimously.
Socio-Economic Analysis and Cost/Benefit Study - Councilmember
Gilbreath moved to approve the Socio-Economic Analysis and Cost/Benefit
Study for Minor Subdivision No. 262, Planning Commission Review and
Approval No. 743, and Variance No. 640 as it has been determined that this
project will not create unmitigable physical blight or overburden public
services in the community and no additional information or evaluation is
needed. Motion seconded by Councilmember Harrison and carried
unanimously.
Minor Subdivision No. 262 - Councilmember Gilbreath moved to approve
Minor Subdivision No. 262 subject to the findings and conditions of
approval and department recommendations contained in the staff report.
Motion seconded by Councilmember Harrison and carried unanimously.
Variance No. 640 - Councilmember Gilbreath moved to approve Variance
No. 640 subject to the findings contained in the staff report. Motion
seconded by Councilmember Harrison and carried unanimously.
CR&A No. 743 - Councilmember Gilbreath moved to approve Planning
Commission Review and Approval No. 743 subject to the findings
contained in the staff report and modifying Planning Division conditions as
follows: Revise Condition No. 13 to provide "Architectural elevations are
approved as substantially revised and presented to the City Council on.
November 19, 2002;" delete Conditions Nos. 24 and 25; and add a new
Condition No. 24 to read "All uses permitted in the C-4 Zone, except
automotive repair and automotive retail sales, are permitted uses for this
site." Motion seconded by Councilmember Harrison and carried
unanimously.
Simon Shum Construction and Development, Inc. - (Due to a potential conflict
of interest, Councilmember Gilbreath did not participate in this discussion. A
public disclosure potential conflict of interest form is on file in the City Clerk's
December 3,2002
Page 7
Office.) Public hearing was continued to this meeting for: Conditional Use
Permit No. 757, a conditional use permit for a Planned Residential
Development on 2.03 acres for six residential lots and three common lots in the
R-S (Suburban Residential) District located north of North Place between
Buena Vista Street and Center Street; and Tentative Tract No. 16288, a
subdivision of 2.03 acres into six residential lots and three common lots in the
R-S (Suburban Residential) District located north of North Place between
Buena Vista Street and Center Street. Community Development Director Shaw
reported that on September 1.0, 2002, the Planning Commission voted 4-3 to
recommend denial of Tentative Tract No. 16288 and Conditional Use Permit
No. 757. On November 12, 2002, the Planning Commission reviewed the same
project again after the City Council on October 15, 2002, had continued the
project at the request of the applicant. One :Planning Commissioner that voted
against the project was not present at the November 12, 2002, meeting; the six
Planning Commissioners that were present did not change their original vote
and no further action was taken. Thus, the original 4-3 vote to recommend
denial is again carried forward to the City Council. Community Development
Director Shaw reported the City Council adopted a mitigated negative
declaration and the Socio-Economic Analysis and Cost/Benefit Study on
October 15, 2002, for this project and continued the public hearing for the
tentative tract map and conditional use permit to this meeting. The City
Council opted to give the applicant another chance with the Planning
Commission at the request of the applicant. Community Development Director
Shaw also explained the need to take action on this project at this meeting as
there are no other statutes under CEQA or the State Planning and Zoning laws
to legally delay a final decision on this project.
Mayor Haws declared the meeting open as a public hearing. An attorney for the
applicant addressed the City Council regarding the sewer and architectural.
issues at length. Mr. Shum, the applicant, also addressed the City Council about
the gravity-feed sewer problem noting that if they could use sewer pump pads,
the lots would not have to be elevated. Opposing the project as proposed were
neighbors Tom Westerfield and Roger A. Whitman. There being no further
comments, the public hearing was closed.
Conditional Use Permit No. 757 - Councilmember Peppler moved to deny
Conditional Use Permit No. 757 based on the findings of fact contained in
the staff report. Motion seconded by Councilmember George and carried by
AYE votes of all present with Councilmember Gilbreath abstaining.
Tentative Tract No. 16288 - Councilmember Peppler moved to deny
Tentative Tract No. 16288 based on the findings of fact contained in the
staff report. Motion seconded by Councilmember George and carried by
AYE votes of all present with Councilmember Gilbreath abstaining.
CRR Associates L.P. - Public notice was advertised for this time and place to
consider a Draft Mitigated Negative Declaration as well as public hearings for a
Socio-Economic Analysis and Cost/Benefit Study for: Resolution No. 6102,
December 3,2002
Page 8
General Plan Amendment No. 83, a General Plan amendment to change the land
use designation from Agriculture to Low-Density Residential on approximately
29.2 acres located on the north side of Pioneer Avenue, approximately 1,280
feet east of Church Street; Ordinance No. 2523, Zone Change No. 383, a change
of zone from A-1 (Agricultural) District to PRD/R-E (Planned Residential.
Development/Residential Estate) District on 29.2 acres located on the north side
of Pioneer Avenue, approximately 1,280 feet east of Church Street; Resolution
No. 6103, Agricultural Preserve Removal No. 99, a removal from the
Agricultural Preserve of 29.2 acres in the A-1 (Agricultural) District (proposed
to be changed to PRD/R-E District) located on the north side of Pioneer
Avenue, approximately 1,280 feet east of Church Street; Tentative
Tract No. 16174, the subdivision of 29.2 acres into 69 residential lots and two
lettered lots in the A-1 (Agricultural) District located on the north side of
Pioneer Avenue, approximately 1,280 feet east of Church Street(proposed to be
changed to PRD/R-E District); Conditional Use Permit No. 758, a conditional
use permit for a PRD (Planned Residential Development) on 29.2 acres
containing 69 residential lots and two lettered lots in the A-1 (Agricultural)
District (proposed to be changed to PRD/R-E District) located on the north side
of Pioneer Avenue, approximately 1,280 feet east of Church Street; and
Variance No. 641, a variance from Section 18.36.090 of the Redlands
Municipal Code to allow a front yard setback less than the required 25-foot
setback for corner lots 1, 12, 33, 38, 42, 46, 47, 57, 58 and 68 of Tentative Tract
Map No. 16174 located on the north side of Pioneer Avenue, approximately
1,280 feet east of Church Street. Community Development Director Shaw
described this complex project in detail. Mayor Haws declared the meeting
open as a public hearing. A representative from Thatcher Engineering
addressed the City Council stating they concurred with the recommendations of
the Planning Commission with a few minor changes. These changes were
acceptable to staff and incorporated in the following motions of approval.
There being no further comments, the public hearing was closed.
Mitigated Negative Declaration - Councilmember George moved to approve
the Environmental Review Committee's mitigated negative declaration for
Zone Change No. 383 and Tentative Tract No. 16174 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 Peppler and carried unanimously.
Resolution No. 6102 - Councilmember Peppler moved to adopt Resolution
No. 61.02, a resolution of the City Council of the City of Redlands adopting
Amendment No. 83 to the General Plan which changes the land use
designation from Agriculture to Low-Density Residential on approximately
29.2 acres located on the north side of Pioneer Avenue, approximately 1,280
fee east of Church Street. Motion seconded by Councilmember George and
carried unanimously.
December 3,2002
Page 9
Ordinance No. 2523 - Ordinance No. 2523, 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. 383, a change of zone from A-1
(Agricultural) District to PRD/R-E (Planned Residential.
Development/Residential Estate) District on 29.2 acres located on the north
side of Pioneer Avenue, approximately 1,280 feet east of Church Street, was
read by title only by City Clerk Poyzer, and on motion of Councilmember
George, seconded by Councilmember Peppler, was introduced with
unanimous Council approval and laid over under the rules with adoption
scheduled for December 17, 2002.
Socio-Economic Analysis and Cost/Benefit Study - Councilmember George
moved to approve the Socio-Economic Analysis and Cost/Benefit Study for
Tentative Tract No. 16174 as it has been determined that this project will
not create unmitigable physical blight or overburden public services in the
community and no additional information or evaluation is needed. Motion
seconded by Councilmember Peppler and carried unanimously.
Resolution No. 6103 - Councilmember George moved to adopt Resolution
No. 6103, a resolution of the City Council of the City of Redlands removing
property from the City's Agricultural Preserve and amending Resolution
No. 6024 by approving Agricultural Preserve Removal No. 99, a removal
from the Agricultural Preserve of 29.2 acres in the A-1 (Agricultural)
District (proposed to be changed to PRD/R-E District) located on the north
side of Pioneer Avenue, approximately 1,280 feet east of Church Street,
based on the findings contained in the staff report. Motion seconded by
Councilmember Peppler and carried unanimously.
Tentative Tract No. 16174 - Councilmember George moved to approve
Tentative Tract No. 16174 subject to the findings, conditions of approval,
and all department recommendations contained in the staff report with the
following changes:
• Planning Division Condition No. 11 to read: "This approval is for 69
single family lots designed in the PRD concept plus 6.01 net acres of
common open space planted in citrus grove and 4.04 net acres in the
form of a Linear Park per the requirements of the General Plan. (last
sentence deleted)."
• Planning Division Condition No. 16 to read: "To mitigate the potential
impacts identified in Section 1V.a of the Environmental Checklist, the
application shall be required to obtain a Streambed Alteration
Agreement from the California Department of Fish and Game, a 404
Permit from the United States Corp of Engineers, and a 401 Certification
from the State Regional Water Quality Board prior to issuance of a
grading or building permit if applicable. This will ensure that proper
encroachment procedures are taken to preserve the critical
habitat/environment for the SBKR, the Santa Ana River Woolystar and
the Slender-Horned Sping Flower. (Mitigation Measure No. 3)"
December 3,2002
Page 10
Planning Division Condition No. 25, Item 3 to read: "Roof to be shingle
or the over sheathing, fiberglass insulation, drywall, vented;" and Item 5
to read: "Add STC 26 glazing to all two story homes."
Motion seconded by Councilmember Peppler and carried unanimously.
Variance No. 641 - Councilmember George moved to approve Variance
No. 641 based on the findings contained in the staff report. Motion
seconded by Councilmember Peppler and carried unanimously.
CUP No. 758 - Councilmember George moved to approve Conditional Use
Permit No. 758 subject to the findings, conditions of approval, and all
department recommendations contained in the staff report with the changes
included in the approval motion for Tentative Tract No. 16174. Motion
seconded by Councilmember Peppler and carried unanimously.
Resolution No. 6101 - General Plan Amendment No. 75 - Trails - Public notice
was advertised for this time and place to consider a Draft Mitigated Negative
Declaration as well a public hearing for an amendment to the General Plan
Trails Map to: (a) add 25 new multi-use off-road trails throughout the San
Timoteo Canyon and Live Oak Canyon areas; (b) add a new multi-use on-road
and off-road trail located south of the Redlands Municipal Airport between
Judson Street and Wabash Avenue; (c) add a new multi-use on-road trail along
San Timoteo Canyon Road from the San Timoteo Creek crossing to Alessandro
Road; (d) relocate a segment of the East Valley Corridor Multi-Purpose Trail
from the Southern California Edison easement to the east side of Mountain
View Avenue between the Mission Zanja Creek and San Bernardino Avenue;
and (e) relocate a segment of the East Valley Corridor Bikeway from Palmetto
Avenue/Domestic Avenue to Pioneer Avenue between California Street and
Texas Street. Community Development Director Shaw explained this General
Plan amendment is a City-initiated request that proposes changes to the existing
Trails Map contained in the Open Space and Conservation Element(Figure 7.1)
of the General Plan. This amendment established the framework to plan for a
more comprehensive trails system within the City but does not entail
construction with this approval. Implementation of a trail segment that
traverses on a property affected by this amendment would be triggered when
new development or improvements are proposed on the property. Conversely,
the amendment does not require an affected property owner to construct a trail
segment where the property is already developed and no development occurs
that would trigger implementation. The off-road trails proposed in this
amendment are meant to be used by hikers, joggers, equestrians, and bicyclists
and are not intended to serve motorized vehicles or motorcycles. It is forecast
that completion of the off-road trails will take many years to realize and
generally accomplished one trail segment at a time. Public Works Director
Mutter answered questions on behalf of the Trails Committee and the Parks
Commission.
At 8:55 P.M., Mayor Haws declared the meeting open as a public hearing.
Speaking in support of this proposal were: Dan Rodriguez, Tim Krantz, Harold
December 3,2002
Page 11
W. Willis, Mike Kelly, Frank Sissons, Jim TenBrink, David Matuszak (who
also submitted a letter prior to the meeting on behalf of the Friends of Live Oak
Canyon), Carolyn D. Laymon, Tim Green, Keith Suchow, Jane Block, Ralph C.
Kilborn, Gary Strickland, Lisa Pierce, Greg Ballmer, Teddy Banta, Ed Krick,
Roger Bell, Susan Taylor, Rick Lindgren, and Anne Taylor. Opposing the map
as presented were: Manuel Cortez, Mimi Dupper, Leroy Hansberger, Terrance
Emmershy (also submitted a letter), and Bob Roberts. City Clerk Poyzer
reported written comments opposing the General Plan Amendment were
received from the following property owners representing approximately 855
acres: Leroy Hansberger, LiveOak Investments; Arthur Gregory, President,
Lower Yucaipa Water Company; Art Gregory, Jr.; The Brown Family
Partnership; Frank V. Bianchini, Metro California Business Enterprise;
Jesus Nolasco, Ranch Eben Ezer; Louis Curti; Larry Curti; Mimi Dupper;
Edwin H. Krick, Sr. and Beverly H. Krick; Gilbert and Mimi Dupper;
Gayle and Gail Wickerd; Dan J. Harkey, Agent for Owners, Point Center
Financial, Inc.; and Michael C. Suman, Nolie S. Howard, and Mary S.
Agle. The public hearing was closed at 10:53 P.M.
Mayor Haws felt the proposed map crossed from "connectivity" to
"frolic" and was imposing on landowners, and he wanted to give this
additional thought. Councilmember Peppler strongly supposed private
property rights and expressed concern about lawsuits. Councilmember
Gilbreath thought a trail system was an important element but did not
want to see it "set in stone." Councilmember Harrison felt more trails
were needed especially bike trails in the middle of town which were
woefully inadequate. In response to this comment, Public Works Director
Mutter noted there is an approved Bikeway Master Plan which is not included
on this map. Councilmember George was very discouraged to see this stalling
as trails not identified would be trails lost. Mayor Haws said he was willing
to walk each trail and asked Mr. Hansberger and Mrs. Dupper to work
with him as a sub-committee. He also invited Councilmember George to
walk with him and Councilmember George accepted. Mayor Haws then
moved to continue this discussion to the first meeting in January
(January 7, 2003). Motion seconded by Councilmember Peppler and
carried with Councilmembers Harrison and George voting NO.
The City Council meeting briefly recessed at 11:25 P.M. and reconvened at
11:35 P.M.
PUBLIC HEARINGS
Resolution No. 6090 - Underground Utility District No. 11 - Public hearing was
advertised and noticed for this time and place to consider Resolution No. 6090,
a resolution of the City Council of the City of Redlands establishing
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Underground Utility District No. 11 along San Bernardino Avenue between
Dearborn Street and Wabash Avenue. Public Works Director Mutter reported
the City Council adopted Resolution No. 6089 on November 5, 2002, setting a
public hearing for this proposed underground district which provides that the
distribution system, including related overhead wires and associated overhead
structures shall be removed and underground installation made in the district
along the course of the reconstruction and widening of San Bernardino Avenue.
Costs associated with the undergrounding of facilities are paid by the various
utility companies involved through the Rule 20A program. Mayor Haws
declared the meeting open for any questions or comments. None being
forthcoming, the public hearing was declared closed. Councilmember Harrison
moved to adopt Resolution No. 6090. Motion seconded by Councilmember
Peppler and carried unanimously.
Resolution No. 6092 - Underground Utility District No. 12 - Public hearing was
advertised and noticed for this time and place to consider Resolution No. 6092,
a resolution of the City Council of the City of Redlands establishing
Underground Utility District No. 12 along Terracina Boulevard between
Brookside Avenue and Olive Avenue. Public Works Director Mutter reported
the City Council adopted Resolution No. 6091 on November 5, 2002, setting a
public hearing for this proposed underground district which provides that the
distribution system, including related overhead wires and associated overhead
structures shall be removed and underground installation made in the district to
provide for the preservation of palms along Terracina Boulevard. Costs
associated with the undergrounding of facilities are paid by the various utility
companies involved through the Rule 20A program. Mayor Haws declared the
meeting open for any questions or comments. None being forthcoming, the
public hearing was declared closed. Councilmember Peppler moved to adopt
Resolution No. 6092. Motion seconded by Councilmember Harrison and
carried unanimously.
UNFINISHED BUSINESS
Ordinance No. 2530 - Water and Wastewater Rates and Charges Review - On
November 5, 2002, the Utilities Advisory Committee made a presentation to the
City Council regarding water and wastewater rates and charges. In addition to
the rates and charges recommendations made by this committee, other
recommendations including a bi-annual rate review process and business
practices. At this time, Water Resources Chief Headrick presented Ordinance
No. 2530, an ordinance of the City of Redlands adding Chapter 3.41 of Title 3
of the Redlands Municipal Code relating to water and wastewater rates and
charges review. This proposed ordinance established procedures for a bi-
annual rate review process based on the committee's recommendation and the
City Council's direction. Municipal Utilities Director Phelps also reported staff
continues to work with the committee to determine how best to implement their
other business practices recommendations. Ordinance No. 2530 was read by
December 3,2002
Page 13
title only by City Clerk Poyzer, and on motion of Councilmember Harrison,
seconded by Councilmember Haws, further reading of the ordinance text was
unanimously waived, and Ordinance No. 2530 was introduced with unanimous
Council approval and laid over under the rules with adoption scheduled for
December 17, 2002.
NEW BUSINESS
Purchase and Sale Agreement - Barton House - City Attorney McHugh reported
that on November 19, 2002, in closed session, the City Council gave
instructions to its property negotiator regarding the proposed terms and price for
sale of real property owned by the City (known as the Barton House) to
Theron.L. Vines, Jr. and Geneil Vines. Since that time, the Vines have
requested additional concessions from the City in connection with the sale.
Specifically, that all City fees be "waived" in connection with the rehabilitation
of the buildings on the property; that the City "waive" all street improvements
on Nevada Street and that the City be responsible for the construction of those
improvements; and that the City process a zone change for the property to APC.
These new details of the transaction are contained in the proposed revised
purchase and sale agreement, note and easements relating to the City's proposed
sale of the Barton House. Public Works Director Mutter reviewed the
rehabilitation needs of the Barton House and said Dr. and Mrs. Vines have been
successful in the preservation of other projects Dr. Vines described their plans
for the renovation project. Councilmember Harrison expressed appreciation to
the Vines. Bill Cunningham addressed the City Council expressing his dismay
that the property was not offered to the San Bernardino County Museum and
stated the City should try to recoup as much as possible in the purchase price.
Councilmember Haws moved to approve the purchase and sale agreement,
promissory note, building conservation easement and farming conservation.
easement with Theron L. Vines, Jr. and Geneil Vines which relate to the sale of
the Barton House (Assessor's Parcel Nos. 292-172-03, 292-172-05, and 292-
166-09) and authorized the Mayor and City Clerk to execute the documents on
behalf of the City. Motion seconded by Councilmember Peppler and carried
unanimously.
Zone Change and General Plan Amendment - Barton House - In compliance
with the above action regarding the sale of the Barton House (Assessor's Parcel
Nos. 292-172-03, 292-172-05, and 292-166-09), Mayor Haws moved to initiate
a change of zone to APC and a General Plan amendment. Motion seconded by
Councilmember Peppler and carried unanimously.
Ordinance No. 2520 - Signs - City Attorney McHugh presented proposed
Ordinance No. 2520, an ordinance of the City of Redlands adding Chapter
12.56 of the Redlands Municipal Code establishing policies for the placement of
signs on public property. This ordinance was prepared in connection with the
ongoing comprehensive update of the City's Sign Code. Bill Cunningham
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Page 14
addressed the City Council expressing concerns about this proposed ordinance
and indicated he would have their (The Redlands Association) attorney look at
it. Ordinance No. 2520 was read by title only by City Clerk Poyzer, and on
motion of Councilmember Haws, seconded by Councilmember Peppler, further
reading of the ordinance text was unanimously waived, and Ordinance No. 2520
was introduced with unanimous Council approval and laid over under the rules
with adoption scheduled for December 17, 2002.
PUBLIC COMMENTS
Pedestrian Safety Device - Dominick Beckman told Councilmembers the
intersection at State Street and Redlands Boulevard was dangerous for
pedestrians and vehicles crossing :Redlands Boulevard and asked them to install
pedestrian safety devices.
ADJOURNMENT
There being no further business, the City Council meeting adjourned on
December 4, 2002, at 12:01 A.M. The next regular meeting will be held on
December 17, 2002.
City Clerk
December 3,2002
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